Kelly v Struber

The Land Court of Queensland was tasked with determining the compensation payable by Gilbert William Kelly to Stephen Struber and Dianne Wilson-Struber in relation to Mining Lease No 20630. The dispute arose from an application for a mining lease, which involved access to and the lease of property owned by the Strubers. The application for the mining lease had faced objections from the landholders, which were eventually resolved, leading to the grant of the mining lease. Despite attempts to notify the landholders of the compensation hearing, no submissions were received from them, and the miner also did not provide written submissions, choosing to rely on evidence from the objection hearing.

The court was required to determine the compensation payable under the Mineral Resources Act 1989, considering all heads of compensation outlined in s.281(3) of the Act. Given the lack of submissions from either party, the court adopted the analysis from a previous case, Re Wallace & Ors & Evans, to assess compensation. The court also referenced recent decisions in Kuziov Struber and Pryce v Struber to guide its determination. The compensation was calculated at $5 per hectare per annum for the mining lease, plus $10 per annum for access, with an additional $15 per annum as required by s.281(4)(e) of the Act.

After considering the relevant factors, the court determined that the compensation payable should be $160 per annum. The first payment was to be made within two months of the notification of the grant of the mining lease by the Mining Registrar, with subsequent annual payments to be made on the anniversary of the grant. The court's decision was based on the minimal compensation principle, taking into account the statutory requirements and previous case law. The final orders required the miner to pay the total compensation of $160 per annum to the landholders, starting with the initial payment within two months and continuing annually thereafter.