Keefe v Georgina Pastoral Company

Michael John Keefe sought an application for a mining lease under the Mineral Resources Act 1989 for a term of five years to mine for opals on a 3.2-hectare area of property (Keeroongooloo Station) Lot 439 on SP 230172 owned by Georgina Pastoral Company. The matter before the Court was the determination of compensation payable to Georgina Pastoral Company for the mining lease and access to the land. The landholder made no submissions on the matter, and the miner submitted that compensation should be based on the landholder's charges for a previous lease, which amounted to $15 per hectare per annum, plus an administration charge of $50 per agreement. The Court was required to determine the appropriate compensation for the mining lease and access to the land, taking into account the relevant provisions of the Mineral Resources Act 1989 and the submissions made by the parties.

The Court considered the submissions made by the miner and the absence of submissions from the landholder. The Court adopted the analysis of the legislative provisions, compensation principles, and methodology applied by Mining Referee Windridge in Re Wallace & Ors & Evans. The Court found that the miner's submissions provided a reasonable basis for determining compensation, and that the compensation for the mining lease should be $15 per hectare per annum for the term of the lease, plus payment of $10 per annum for access. The Court also awarded an additional sum of $30 per annum pursuant to s.281(4)(e) of the Mineral Resources Act 1989. The Court determined that the total compensation payable to Georgina Pastoral Company should be $330 per annum, to be paid within two months from notification of the grant of the mining lease by the Mining Registrar.

The Court's determination of compensation was based on the submissions made by the miner and the relevant provisions of the Mineral Resources Act 1989. The Court found that the compensation for the mining lease should be $15 per hectare per annum for the term of the lease, plus payment of $10 per annum for access. The Court also awarded an additional sum of $30 per annum pursuant to s.281(4)(e) of the Mineral Resources Act 1989. The Court ordered that the miner pay the total compensation of $330 to the landholder within two months from notification of the grant of the mining lease by the Mining Registrar. The Court's decision provides clarity on the appropriate compensation for mining leases and access to land in Queensland, and will be of interest to mining companies and landowners alike.