Land & Anor v Grabbe & Anor

David John Lisle Land and Susan Elizabeth Land, the applicants, sought clarification on the amount of compensation they were required to pay to Anthony Grabbe and Lynette Grabbe, the respondents, under section 85 of the Mineral Resources Act 1989. The applicants own a mining claim on the respondents’ land, which the respondents use to operate a carbon abatement project under the Emissions Reduction Fund. The dispute centred on the amount of compensation the applicants should pay for deprivation of the surface of the land, diminution in the value of the land, time spent inspecting the claim, signage costs, and the cost of preparing a valuation report.

The court had to determine the appropriate compensation payable under section 85 of the Mineral Resources Act 1989 for the deprivation of the surface of the land, diminution in the value of the land, time spent inspecting the claim, signage costs, and the cost of preparing a valuation report. The court considered the statutory provisions, case law, and the submissions from both parties. The applicants argued that the compensation should be based on the actual value of the land, while the respondents argued that the compensation should be based on the potential value of the land.

The court found that the applicants were liable to pay compensation to the respondents for the deprivation of the surface of the land, diminution in the value of the land, time spent inspecting the claim, signage costs, and the cost of preparing a valuation report. The court considered the submissions from both parties and found that the applicants were liable to pay a lump sum of Six Hundred and Thirty-Eight dollars and Thirty-Six cents, plus One Thousand and Thirty-One dollars and Eighteen cents per year for the term of the renewal, indexed to CPI. The court also noted that the applicants were entitled to an abatement of the compensation for the term of the mining claim.

The court ordered that David John Lisle Land and Susan Elizabeth Land must pay Anthony Grabbe and Lynette Grabbe compensation in respect of MC 300085 as follows: 1. Six Hundred and Thirty-Eight dollars and Thirty-Six cents; plus 2. One Thousand and Thirty-One dollars and Eighteen cents per year for the term of the renewal, indexed to CPI.