McDowall v Reynolds

[2015] QLC 32

LAND COURT OF QUEENSLAND

CITATION:

McDowall v Reynolds [2015] QLC 32

PARTIES:

Donald Keith McDowall
(applicant)

v

John Keith Reynolds
(respondent)

FILE NO:

MRA966-11

DIVISION:

General Division

PROCEEDING:

An application for determination of compensation.

DELIVERED ON:

7 August 2015

DELIVERED AT:

Brisbane

HEARD ON:

3 September 2012

HEARD AT:

Cairns

MEMBER:

WL Cochrane

ORDERS:

1.    Compensation is determined at $17,930 per annum.

2.    The miner is to pay compensation annually in advance with the first payment to be made within two months from notification of the renewal of the Mining Lease.

CATCHWORDS:

Mining Lease – Determination of Compensation – Mineral Resources Act 1989 s 281.

Boland v Yates Property Corporation & Anor (1999) 167 ALR 575.

Brisbane City Council v Lansbury (1977) 4 QLCR 502.

ReFitzgerald & Anor v SR Struber & Anor [2009] QLC 0076.

V.P. Joyce v Northern Electric Authority of Queensland (1974) QLCR 71.

McDowall v Reynolds [2003] QLRT 169.

Mitchell v Oakhill and Mitchell unreported, 10 March 1998.

Nelungaloo Pty Ltd v The Commonwealth (1948) 75 CLR 495

Smith v Cameron (1986) 11 QLCR 64.

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

Spencer v The Commonwealth (1907) 5 CLR 418

APPEARANCES:

Mr Lee McDowall, agent for the Applicant.
Mr D Morzone of counsel for the Respondent.

Background

1. This is the decision in a matter which has been referred to this Court by the Mining Registrar at Mareeba for determination of the compensation which may be payable in respect of an application to renew a mining lease, ML 5402, which has an area of 8.088 ha.

2. The mining lease is on land located in the Mareeba mining district and owned by the respondent John Keith Reynolds. 

3. The land is otherwise described as Lot 110 on C157150, Parish of Mowbray, County of Solander and is located at the Mowbray River Road at Mowbray, approximately 10 km south-west of Port Douglas in Far North Queensland. 

4. The subject lot is said to contain 39.66 ha and is serviced by the bitumen-sealed Mowbray Road which is reached by travelling along the Captain Cook Highway. 

5. The subject lease ML 5402 was originally granted in 1974 for a period of 16 years and was renewed in 1990 for a further term of 21 years ending 31 May 2011.  It is the renewal of that lease with which this Court is now concerned.

6. There is a background of a long-running dispute between the applicant and the respondent as to the actual ownership of the subject land.

7. It is beyond the jurisdiction of this Court to resolve a dispute as to the identity of the proper owner.

8. John Keith Reynolds is the registered proprietor of the subject land and compensation is determined upon the basis that he is properly identified as the registered proprietor. 

9. The matter comes before this Court consequential upon a referral by the mining registrar at Mareeba for determination of compensation.

10. The matter has been the subject of a mediation conducted by the then…