Kelly v Struber

The Land Court of Queensland was called upon to determine the compensation payable by Gilbert Errol Kelly to Stephen Struber and Dianne Wilson-Struber for the grant of Mining Lease No 20350. This case involved a dispute over the amount of compensation owed by Kelly for the use of the landholders' property, Palmerville Station, for access and mining purposes. The miner proposed to pay $5 per hectare per annum for access and $10 per hectare per annum for mining. The landholders, however, did not submit any evidence to counter the miner's proposal.

The court was required to decide the appropriate amount of compensation to be paid by Kelly to the landholders under the Mineral Resources Act 1989. The legal issues included determining the fair compensation for the use of the land for access and mining purposes, as well as any additional compensation for any additional benefit or advantage the miner may have gained from the use of the land.

The court considered the evidence submitted by the miner and applied the principles of compensation set out in the relevant legislation and previous cases. The court accepted the miner's evidence and applied the methodology used by Mining Referee Windridge in Re Wallace & Ors & Evans. The court assessed compensation for the mining lease at $10 per hectare per annum for the term of the lease, plus payment of $10 per annum for access, and an additional sum of $30 per annum. The total compensation payable by Kelly to the landholders was determined to be $330 per annum.

The court ordered that Kelly pay the total compensation of $330 per annum to the landholders, the first payment within two months from notification of the grant of the mining lease by the Mining Registrar and annual payments on the anniversary of the date of grant of the lease. The court's decision was based on the evidence presented and the relevant legislation and case law. The court found that the compensation awarded was fair and reasonable under the circumstances.