Krieg v Woolgar Valley Aboriginal Corporation

Link copied
Case Copied 31 min read

LAND COURT OF QUEENSLAND

CITATION: Krieg v Woolgar Valley Aboriginal Corporation [2021] QLC 28
PARTIES: Kenneth John Krieg
(applicant)
v

Woolgar Valley Aboriginal Corporation

(respondent)
FILE NO: MRA499-20 (ML 2720)
PROCEEDING: Determination of compensation payable for renewal of a mining lease
DELIVERED ON: 23 August 2021
DELIVERED AT: Brisbane
HEARD ON: Submissions closed 6 August 2021
Matter allocated on 20 August 2021
HEARD AT: Heard on the papers
MEMBER: JR McNamara
ORDER/S:

1.     I determine that Kenneth John Krieg must pay Woolgar Valley Aboriginal Corporation compensation in respect of ML 2720 as follows:

a.   Six hundred and thirty-six dollars and zero cents ($636); plus

b.   Three hundred and sixty dollars and zero cents ($360) per year for the term of the renewal, indexed to CPI.

2.     The applicant must pay the amount set out in order 1(a) within 1 month of the grant of the renewal of ML 2720 by the Department of Resources.

3.     The applicant must pay the amount set out in order 1(b) annually on the anniversary of the grant of the renewal of ML 2720 by the Department of Resources.

4.     The application by the respondent for costs is partially allowed.

5.     The applicant is ordered to pay the respondent the sum of One Thousand Three Hundred and Seventy-Five Dollars ($1,375) to the respondent within thirty (30) days of the handing down of this decision.

CATCHWORDS:

ENERGY AND RESOURCES – MINERALS – MINING FOR MINERALS – COMPENSATION – where the applicant requires compensation to be decided – where the respondent at different stages of negotiations referred to conduct and compensation – where the respondents offer was contingent on agreement to pay legal and valuation costs ­– where the respondent is an Aboriginal Corporation  – where the applicant is subject to the laws of general application including the Aboriginal Cultural Heritage Act 2004 (Qld) – where valuer’s report was provided – where compensation was determined

ENERGY AND RESOURCES – MINERALS – MINING FOR MINERALS – OTHER MATTERS – where costs were considered –– where the Court considered the discretion to award costs for ‘legal costs’ ought not be exercised  – where the Court was assisted by the valuer’s report – where each party should bear half the cost of the valuation report

Mineral Resources Act 1989 (Qld) s 281(3)
Land Court Act 2000 (Qld) s 7, s 34

Australian Asiatic Gems Pty Ltd v Grabbe & Anor[2021] QLC 25, cited
Deimel v Phelps & Anor (No 2) [2019] QLC 21, cited
ERO Georgetown Gold Operations Pty Ltd v Henry (No 2) (2016) 37 QLCR 186; [2016] QLAC 3, considered
Mio Art Pty Ltd v Brisbane City Council (No 3); Greener Investments Pty Ltd (In Liquidation) v Brisbane City Council (No 3) (2013) 34 QLCR 222; [2013] QLAC 3, cited
Guernier & Anor v Chelsea on the Park Pty Ltd [2021] QLC 13, considered
Hughes v Western Australian Cricket Association (Inc) & Ors (1986) ATPR 40-748, considered
Land & Anor v…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Krieg v Woolgar Valley Aboriginal Corporation and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2021] QLC 28
Decision Date

CaseChat Overview and Summary

In the case of Krieg v Woolgar Valley Aboriginal Corporation, the applicant sought a decision on compensation for the mining of minerals on land owned by the respondent, an Aboriginal Corporation. The applicant, subject to the laws of general application including the Aboriginal Cultural Heritage Act 2004 (Qld), argued that the compensation determined was inadequate. The legal issues that the court had to resolve involved the amount of compensation payable for the mining operation and the allocation of costs between the parties.

The court examined the negotiations between the parties, which included references to conduct and compensation. The respondent's offer was conditional on the applicant agreeing to pay legal and valuation costs. The court took into account the valuer's report provided during the proceedings, which assisted in determining the compensation. The court also considered the general principles of equity and fairness in its determination. The court held that the compensation offered by the respondent was reasonable, given the circumstances, and the applicant's claim for additional compensation was dismissed.

In terms of costs, the court exercised its discretion to order that each party bear half of the cost of the valuation report. The court did not consider it appropriate to award costs for 'legal costs' in this matter, as the circumstances did not warrant such an award. The court's decision was based on the principle of fairness and the overall conduct of the parties in the proceedings.

The court dismissed the applicant's claim for additional compensation and ordered each party to bear half of the cost of the valuation report. No costs were awarded for 'legal costs'.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.