Herberton Tin Pty Ltd v Gundersen

[2016] QLC 47

LAND COURT OF QUEENSLAND

CITATION:

Herberton Tin Pty Ltd v Gundersen & Anor
[2016] QLC 47

PARTIES:

Herberton Tin Pty Ltd
(applicant)

v

Laurelle Ursula Lorna Gundersen & Grant Henrik Gundersen

(respondents)

FILE NO:

MRA076-16

DIVISION:

General Division

PROCEEDING:

Determination of compensation for renewal of a mining lease

DELIVERED ON:

16 August 2016

DELIVERED AT:

Brisbane

HEARD ON:

Submissions closed 27 April 2016

HEARD AT:

Heard on the papers

JUDICIAL REGISTRAR:

GJ Smith

ORDER:

1.    In respect of ML 3881 compensation is determined in the total sum of $660 for the renewal period of 15 years.

2.    The miner pay compensation to the landowners the amount set out in order 1 within three months from notification of the renewal of the mining lease by the Department of Natural Resources and Mines.

CATCHWORDS:

MINING LEASE – renewal – access – determination of compensation – referral documents – use of Court judgments for determination purposes.

Mineral Resources Act 1989 ss 279A, 281

Re Fitzgerald & Anor [2009] QLC 15
Re Fitzgerald and Hughes [2009] QLC 73
Donovan v Struber & Anor [2009] QLC 160

Eacham Abrasive Blasting Pty Ltd v Gundersen & Anor [2014] QLC 38
Kimmoth & Poole [2009] QLC 117
Unimin Australia Limited v Freeman [2007] QLC 76
Wallace & Ors v Bottomer & Ors [2015] QLC 23
Wills v Minerva Coal Pty Ltd [No.2] (1998) 19 QLCR 297

APPEARANCES:

Not applicable

1. This proceeding concerns a referral to the Land Court by the Chief Executive, Department of Natural Resources and Mines (DNRM) pursuant to s 279A of the Mineral Resources Act 1989 (MRA) for the determination of compensation in respect of the renewal of Mining Lease 3881 (ML 3881). 

Background

1. The applicant, Herberton Tin Pty Ltd (the miner) seeks the renewal of a mining lease located on land described as Lot 598 on OL064.  The mining lease comprises a mining area of approximately 2.83 ha and a 1.63 km access track across land owned by the respondents Laurelle Ursula Lorna Gundersen and Grant Henrik Gundersen (the landowners).

2. The land is used for grazing purposes and is located approximately 15 kilometres north of Irvinebank in the Mareeba mining district and within the Mareeba Shire Council local government area. 

3. The specific Land Court reference and tenure details are set out as follows: 

Court Reference	Tenure ID	Area	Term	Lease Purpose
MRA076-16	3881	2.83 ha	15 years	Various minerals

Relevant Legislation

1. Section 279 of the MRA provides that a mining lease shall not be granted or renewed unless an agreement in relation to compensation has been filed or, in the absence of such an agreement, a determination of compensation has been made by the Land Court.  In this matter, no agreement has been lodged with DNRM and the matter has been referred to the Land Court for determination.

2. Section 281 of the MRA identifies the matters which must be considered by the Court when determining compensation. In particular, s 281(3)(a) provides that an owner of land is entitled to compensation for:

   “(i)     deprivation…