Markert v Struber

The matter of Markert v Struber and Anor was heard by the Land Court of Queensland, with the applicant Frank Josef Markert seeking the grant of Mining Lease 20610 over land owned by Stephen Struber and Dianne Wilson-Struber. The dispute centred on the determination of compensation payable to the landholders under the Mineral Resources Act 1989. As no agreement on compensation had been reached between the parties, the Court was required to make a determination. The legal issues included the method of assessing compensation under the Act and the appropriate compensation for the area affected by the mining lease and the access over the landholders' property.

The Court noted that section 281 of the Mineral Resources Act 1989 sets out the matters to be considered in determining compensation, but does not prescribe a specific method of assessment. The Court referred to previous cases, including Smith v Cameron, Shaw v Heritage Holdings Pty Ltd, and Mitchell v Oakhill and Mitchell, to clarify that the method of assessment is to be determined based on the facts and circumstances of each case. The Court also acknowledged the inherent difficulties in determining compensation, particularly regarding the equivalence principle and the valuation of land in uncertain economic conditions. The Court inspected the property and considered the submissions made by both parties, but ultimately found that neither party had provided formal valuation evidence. In the absence of such evidence, the Court based its determination on its previous decision in Fitzgerald, awarding $10 per hectare per year for the area covered by the mining lease and $5 per hectare per year for access.

In determining the appropriate compensation for access, the Court considered that the bulk of the access was over a public road and that the landholders had not provided conclusive evidence as to the precise length of the access traversing their property. The Court determined that an area of 1 hectare should be compensated for access, resulting in a total compensation award of $957. The Court also ordered that the compensation be paid in instalments, with the first instalment of $500 to be paid within three months of the grant of the mining lease and the balance of $457 to be paid on the fifth anniversary date of the grant of the lease.

In conclusion, the Land Court of Queensland awarded a total compensation of $957 to Stephen Struber and Dianne Wilson-Struber for the grant of Mining Lease 20610 over their property. The Court ordered that the compensation be paid in instalments, with the first instalment of $500 to be paid within three months of the grant of the mining lease and the balance of $457 to be paid on the fifth anniversary date of the grant of the lease.