Markert v Struber & Anor

[2018] QLC 44

LAND COURT OF QUEENSLAND

CITATION:

Markert v Struber & Anor [2018] QLC 44

PARTIES:

Frank Joseph Markert
(applicant)

v

Stephen Roy Struber
(respondent)

Dianne Rose Wilson-Struber
(respondent)

FILE NO:

MRA369-18

DIVISION:

General Division

PROCEEDING:

Determination of compensation for renewal of mining lease

DELIVERED ON:

30 November 2018

DELIVERED AT:

Brisbane

HEARD ON:

Submissions closed 16 November 2018

HEARD AT:

On the papers

JUDICIAL REGISTRAR:

GJ Smith

ORDERS:

1.   In respect of ML 20314 compensation is determined in the total sum of $590 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
Markert v Struber & Anor [2017] QLC 62
Wallace & Ors v Bottomer & Ors [2015] QLC 23

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

APPEARANCES:

Not applicable

1. This matter involves a referral to the Land Court 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 in respect of the renewal of Mining Lease (ML) 20314.

2. The address for service for the respondents is listed on the coversheet of the referral document as:

   C/- The Queensland Public Trustee
   PO BOX 656

   CAIRNS QLD 4870

Background

1. The applicant, Frank Joseph Markert (the miner) seeks the renewal of ML 20314 on land commonly known as Palmerville Station which is owned by the respondents Stephen Struber and Dianne Wilson-Struber (the landowners). The land which is more particularly described as Lot 14 on SP250040 is located within the Cook Shire local government area and is used for grazing purposes.

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

Court Reference	Tenure ID	Areas[1]	Term	Mineral
MRA369-18	ML 20314	Mining – 48 ha  Access – 9.9 ha	10 years	Gold

[1]Areas as per DNRME referral documents.

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.

1. Section 281 of the MRA identifies the factors which must be considered by the Court when determining compensation. Specifically, s 281(3)(a) provides that an owner of land is entitled to compensation for the following:

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

   (ii) diminution of the value…