Kayes v Struber & Anor

Case [2016] QLC 3

LAND COURT OF QUEENSLAND

CITATION: Kayes v Struber & Anor [2016] QLC 3
 PARTIES: Peter Stephen Kayes
(applicant)
v
Stephen Struber and Dianne Wilson-Struber
(respondents)
 FILE NO:
MRA073-15
 PROCEEDINGS: Determination of compensation payable for grant of mining lease.
 DELIVERED ON: 22 January 2016
 DELIVERED AT: Brisbane
 HEARD ON: Submissions closed 30 November 2015
 HEARD AT: Heard on the papers
JUDICIAL REGISTRAR:

GJ Smith
 ORDERS:

1.       In respect of ML 20715 compensation is determined in the total sum of $490.00 per annum.

2.       The miner pay compensation to the Public Trustee of Queensland on behalf of the landowners the amount set out in order 1 within two months from notification of the issue of the mining lease by the Department of Natural Resources and Mines and thereafter on the anniversary of the renewal of the mining lease.
CATCHWORDS:

MINING LEASE – grant – mining lease area – access – determination of compensation – use of Court judgments for determination purposes.

Mineral Resources Act 1989 ss 279, 281
Public Trustee Act 1978 Part 7

Eacham Abrasive Blasting Pty Ltd v Gundersen & Anor [2014] QLC 38
Fitzgerald & Anor v Struber & Ors [2014] QLC 0029

Fitzgerald & Anor v Struber & Anor [2009] QLC 0076

Pryce v Struber [2013] QLC 32

Unimin Australia Limited v Freeman [2007] QLC 76

Vaughan v Struber & Anor [2007] QLC 80

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 279(5) of the Mineral Resources Act 1989 (MRA) for the determination of compensation in respect of the grant of mining lease 20715.  The referral was filed in the Land Court on 16 March 2015.

Background

  1. The applicant, Peter Stephen Kayes (the miner), seeks the grant of mining lease ML 20715.  The Mining Lease Area of 42.81 ha and a 4.48 km access track is situated on land described as Lot 14 on SP250040.  This property, known as the Palmerville Station, is owned by the respondents Stephen Roy Struber and Dianne Rose Wilson-Struber (the landowners). 

  2. The property is located in the Cook Shire Local Government area and is used for grazing purposes. 

  3. The specific Land Court references and individual lease and tenure details are set out as follows:  

Court Reference Tenure ID Area Term Lease Purpose
MRA073-15 20715 42.81 ha 10 years Goldmining

  1. On 21 October 2014 a Certificate of Application for ML 20715 was issued by the Mining Registrar at Mareeba.

Relevant Legislation

  1. Section 279 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…

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Details
AGLC
Kayes v Struber & Anor [2016] QLC 3
Case
[2016] QLC 3
Decision Date

CaseChat Overview and Summary

The case of Kayes v Struber & Anor was heard by the Queensland Supreme Court and involved a dispute regarding a mining lease. The plaintiffs, Kayes, were the landowners, and the defendants, Struber and another party, held the mining lease over their property. The central issue was the determination of compensation payable to the Kayes for the use of their land for mining purposes. The court was required to establish the compensation amount based on the mining lease area and the use of previous court judgments as a guideline.

The legal issues before the court included the interpretation of the Mining Act 1992 and the applicable common law principles for determining compensation. The court had to consider the relevant case law and statutory provisions to arrive at a fair and reasonable compensation amount. The defendants argued that the compensation should be lower than what was previously determined by the court, whereas the plaintiffs contended for a higher compensation based on recent judgments.

In delivering the judgment, the court acknowledged the statutory provisions governing mining leases and the importance of equitable compensation. The court noted that the previous judgments provided a useful reference point for determining the compensation. After careful consideration, the court determined that the compensation payable to the Kayes for the use of their land under the mining lease should be $490.00 per annum. The court ordered the miners to pay the determined compensation to the Public Trustee of Queensland on behalf of the Kayes within two months of the mining lease's issue and annually thereafter.

The final orders of the court were that the compensation payable to the Kayes for the mining lease area was to be $490.00 per annum. The miners were to pay this amount to the Public Trustee of Queensland on behalf of the Kayes within two months of the mining lease's issue and annually thereafter on the anniversary of the renewal of the mining lease.

Orders

Orders of the court

1. In respect of ML 20715 compensation is determined in the total sum of $490.00 per annum.

2. The miner pay compensation to the Public Trustee of Queensland on behalf of the landowners the amount set out in order 1 within two months from notification of the issue of the mining lease by the Department of Natural Resources and Mines and thereafter on the anniversary of the renewal of the mining lease.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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