Markert v Struber & Anor

[2017] QLC 62

LAND COURT OF QUEENSLAND

CITATION:

Markert v Struber & Anor [2017] QLC 62

PARTIES:

Frank Josef Markert

(applicant)

v

Stephen Roy Struber and Dianne Rose Wilson-Struber

(respondents)

FILE NO:

MRA283-17

DIVISION:

General Division

PROCEEDING:

Determination of compensation for renewal of mining lease.

DELIVERED ON:

22 December 2017

DELIVERED AT:

Brisbane

HEARD ON:

Submissions closed 5 December 2017

HEARD AT:

Heard on the papers

JUDICIAL REGISTRAR:

GJ Smith

ORDERS:

1.   In respect of ML 20238 compensation is determined in the total sum of $418 per annum.

2.   The applicant pay compensation to the Public Trustee of Queensland 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 and Mines and thereafter on the anniversary of the renewal of the mining lease.

CATCHWORDS:

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

Mineral Resources Act 1989 s 279A, s 281(1)

Public Trustee Act 1978
Fitzgerald & Anor v Struber & Anor [2009] QLC 76
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 relates to a referral to the Land Court by the Chief Executive, Department of Natural Resources and Mines (DNRM) pursuant to s 279A of the Mineral Resources Act 1989 (MRA) for the determination of compensation in respect of the renewal of Mining Lease 20238 (ML 20238) for a period of 5 years.

Background

1. The applicant, Frank Josef Markert (the miner) seeks the renewal of ML 20238, which is situated on land described as Lot 14 on SP 250040 (the subject land).  The relevant areas comprise a mining area of 34.40 ha and an access track of 5.15 ha. The subject land is owned by the respondents Stephen Struber and Dianne Wilson-Struber (the landowners). 

1. The subject land is used for grazing purposes and is located within the Cook Shire Local Government area.

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 20238, no agreement has been lodged with DNRM.

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 which may be made of the land of the owner or any improvements thereon;

(iv)severance of any part of the land from other parts thereof or from other land of the owner;