Keefe v Georgina Pastoral Company

[2013] QLC 67

LAND COURT OF QUEENSLAND

CITATION:  Keefe v Georgina Pastoral Company [2013] QLC 67

PARTIES:In the matter of Mining Lease No 60478 – Determination of compensation payable by Michael John Keefe to Georgina Pastoral Company

FILE NO:MRA179-13

PROCEEDING:  Application for determination of compensation

DELIVERED ON:                  19 December 2013

DELIVERED AT:                   Brisbane

MEMBER:Mr BR O’Connor, Judicial Registrar

ORDERS:1.        Compensation determined at $330 per annum.

2.    The miner pay compensation of $330 to the landholder within two months from notification of the grant of the mining lease by the Mining Registrar.

CATCHWORDS:                  MINING LEASE – DETERMINATION OF COMPENSATION

Mineral Resources Act 1989 s.281

APPEARANCES:                  Not applicable – Heard on the Papers

Background

1. On 13 September 2012 Michael John Keefe (the miner) lodged an application for Mining Lease 60478 for a term of 5 years with the Mining Registrar, Quilpie District.  The purpose of the lease was for the mining of opals. 

2. This determination of compensation relates to access to the mining lease and the mining lease itself.  Both access and lease relate to property (Keeroongooloo Station) Lot 439 on SP 230172 owned by Georgina Pastoral Company (the landholder).  The Mining Lease area is 3.2 hectares.

3. The miner has made the following submissions in regard to access and the mining lease itself: 

   "Total amount of compensation

   The total amount of compensation that will be paid to Georgina Pastoral Company for ML 60478 will be the amount as determined by Georgina Pastoral Company.  It is noted that for ML 60467, the Georgina Pastoral Company charges were $15.00 per hectare per annum with a $50 administration charge per agreement.

   Details of proposed mining area
   The proposed mining area is currently used for grazing (pastoral use).
   The proposed mining area is otherwise capable o being used for opal mining.

   How the proposed mining operations will affect the current and prospective uses of the proposed mining area
   The proposed mining operations will have minimal impact on the current and prospective uses of the proposed mining area.  Mining operations will primarily be underground, with overburden being the main surface impact.  All excavations will be rehabilitated at the end of the mining lease."

4. No submissions were received from the landowner.

5. The absence of detailed compensation evidence from both sides clearly makes the task of the Court in determining compensation difficult. In the circumstances, I am prepared to accept the evidence of the miner and I adopt the analysis of the legislative provisions, compensation principles and methodology applied by Mining Referee Windridge in Re Wallace & Ors & Evans.[1]

   [1]            [2006] QLRT 93

Determination

1. Taking into account all heads of compensation in s.281(3) of the Mineral Resources Act 1989 (the Act), I assess compensation for the mining lease in the minimal sum of $15 per hectare per annum for the term of the lease, plus payment of $10 per annum for access. Pursuant to s.281(4)(e) of the Act, I award the additional sum of $30 per annum (rounded).

2. Taking all relevant factors into account, I order that the miner pay the total compensation of $330 to the landholder, the payment to be made within two months from notification of the grant of the mining lease by the Mining Registrar.

BR O’CONNOR

JUDICIAL REGISTRAR