Kelly v Struber

In the Land Court of Queensland, the matter of Kelly v Struber involved a dispute over compensation payable by Gilbert William Kelly to Stephen Struber and Dianne Wilson-Struber for a mining lease on their property. The dispute centred on the calculation of compensation for the lease and access to the property, as stipulated by the Mineral Resources Act 1989. The matter was determined on the papers, with neither party submitting written evidence.

The primary legal issues before the court were the determination of the appropriate compensation amount for the mining lease and access to the property, in accordance with the Mineral Resources Act 1989. The court had to consider all relevant factors and legal precedents, including the Court's previous decisions in Kuziov Struber and Pryce v Struber, to make its determination.

The Judicial Registrar, Mr BR O’Connor, assessed the compensation for the mining lease at $5 per hectare per annum, and for access at $10 per annum, resulting in a total compensation of $120 per annum. The Registrar relied on the analysis of legislative provisions, compensation principles, and methodology applied by Mining Referee Windridge in Re Wallace & Ors & Evans. The Registrar also took into account the absence of detailed compensation evidence from both parties and the difficulty in making a determination in these circumstances. The court ordered the miner to pay the total compensation of $120 per annum to the landholders, with the first payment to be made within two months from the notification of the grant of the mining lease by the Mining Registrar and annual payments thereafter on the anniversary of the date of the grant of the lease.

The court's final orders were for compensation to be determined at $120 per annum and for the miner to pay the landholders $120 within two months from notification of the grant of the mining lease by the Mining Registrar and $120 per annum payable on the anniversary of the grant of the mining lease.