Kelly v Struber & Anor

[2016] QLC 7

LAND COURT OF QUEENSLAND

CITATION:

Kelly v Struber & Anor [2016] QLC 7

 PARTIES:

Gilbert Errol Kelly
(applicant)

v

Stephen Struber and Dianne Wilson-Struber
(respondents)

 FILE NO:

MRA337-15

 PROCEEDINGS:

Determination of compensation payable for renewal of mining lease.

 DELIVERED ON:

29 January 2016

 DELIVERED AT:

Brisbane

 HEARD ON:

Submissions closed 30 November 2015

 HEARD AT:

Heard on the papers

JUDICIAL REGISTRAR:

GJ Smith

 ORDERS:

1.       In respect of ML 20175 compensation is determined in the total sum of $1830.00 per annum.

2.       The miner pay compensation to the Public Trustee of Queensland on behalf of the landowners the amount set out in order 1 within two months from notification of the issue of the mining lease by the Department of Natural Resources and Mines and thereafter on the anniversary of the renewal of the mining lease.

CATCHWORDS:

APPEARANCES:

MINING LEASE – renewal – mining lease area – access – determination of compensation – use of Court judgments for determination purposes.

Mineral Resources Act 1989 ss 279, 281
Public Trustee Act 1978 Part 7

Eacham Abrasive Blasting Pty Ltd v Gundersen & Anor [2014] QLC 38
Fitzgerald & Anor v Struber & Ors [2014] QLC 0029

Fitzgerald & Anor v Struber & Anor [2009] QLC 0076
Kelly v Struber and Anor [2013] QLC 41

Unimin Australia Limited v Freeman [2007] QLC 0076
Valenti v Struber & and Anor [2015] QLC 17

Wallace & Ors v Bottomer & Ors [2015] QLC 23

Wills v Minerva Coal Pty Ltd [No.2] (1998) 19 QLCR 297

Not applicable

1. This proceeding concerns a referral to the Land Court by the Chief Executive, Department of Natural Resources and Mines (DNRM) pursuant to s 279A of the Mineral Resources Act 1989 (MRA) for the determination of compensation in respect of the renewal of Mining Lease 20175.  The referral was filed in the Land Court on 6 August 2015.

Background

1. The applicant, Gilbert Errol Kelly (the miner), seeks the renewal of ML 20175.  The Mining Lease Area of 166 ha is situated on land described as Lot 14 on SP250040.  This property, known as Palmerville Station, is owned by the respondents Stephen Struber and Dianne Wilson-Struber (the landowners). 

2. The property is located in the Cook Shire Local Government area and is used for grazing purposes. 

3. The specific Land Court reference and tenure details are set out as follows:  

Court Reference	Tenure ID	Area	Term	Lease Purpose
MRA337-15	20175	166 ha	10 years	Goldmining

Relevant Legislation

1. Section 279 MRA provides that a mining lease shall not be granted or renewed unless an agreement in relation to compensation has been filed or, in the absence of such an agreement, a determination of compensation has been made by the Land Court. In this matter, no agreement has been lodged with DNRM and the matter has been referred to the Land Court for determination.

2. Section 281 MRA identifies the matters which must be considered by the Court when determining compensation. In particular, s 281(3)(a) provides that an owner of land is entitled to…