Markert v Struber & Anor

[2019] QLC 7

LAND COURT OF QUEENSLAND

CITATION:

Markert v Struber & Anor [2019] QLC 7

PARTIES:

Frank Josef Markert
(applicant)

v

Stephen Roy Struber
(respondent)

Dianne Rose Wilson-Struber
(respondent)

FILE NO:

MRA423-18

DIVISION:

General Division

PROCEEDING:

Determination of compensation for renewal of mining lease

DELIVERED ON:

19 February 2019

DELIVERED AT:

Brisbane

HEARD ON:

Submissions closed 12 February 2019

HEARD AT:

On the papers

JUDICIAL REGISTRAR:

GJ Smith

ORDERS:

1.    In respect of ML 20553 compensation is determined in the total sum of $325 per annum.

2.    The applicant pay compensation to the Public Trustee of Queensland in the amount set out in Order 1 within one month from notification of the renewal of the mining lease by the Department of Natural Resources, Mines and Energy and thereafter on the anniversary of the renewal of the mining lease.

CATCHWORDS:

MINING LEASE – renewal – determination of compensation – absence of evidence or submissions – referral documents – mining district – use of Court judgments for determination purposes.

Mineral Resources Act 1989, s 279, s 279A, s 281(1), s 281(3)(a)
Public Trustee Act 1978 part 7

Fitzgerald & Anor v Struber & Anor [2009] QLC 76, applied
Markert v Struber & Anor [2017] QLC 62, applied
Wallace & Ors v Bottomer & Ors [2015] QLC 23, applied

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

APPEARANCES:

Not applicable

1. This proceeding concerns a referral by the Chief Executive, Department of Natural Resources, Mines and Energy (DNRME) pursuant to s 279A of the Mineral Resources Act 1989 (MRA) for the determination of compensation by the Court for the renewal of Mining Lease 20553 (ML 20553). 

Background

1. The applicant, Mr Frank Josef Markert (the miner) seeks the renewal of ML 20553 which is situated within the Cook Shire local government area on land known as Palmerville Station, but more particularly described as Lot 14 on SP 250040. Palmerville Station is owned by the respondents and has been used for grazing purposes for many years.

1. The Court reference and relevant tenure details are set out below:  

Court File No.	Tenure ID	Mining Area	Access	Term	Lease Purpose
MRA423-18	ML 20553	24.1659 ha	8.04 ha	10 years	Camp, Plant, Gold, Silver.

Relevant legislation

1. Section 279 of the 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 respect to the present referral concerning ML 20553, no agreement has been lodged with DNRME.

1. Section 281 of the 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 compensation for:

“(i)     deprivation of possession of the surface of land of the owner;

(ii) diminution of the value of the land of the owner or any improvements thereon;

(iii)diminution of the use made or…