McIntyre and Downing

[2009] QLC 67

LAND COURT OF QUEENSLAND

CITATION:

McIntyre and Downing  [2009] QLC 0067

PARTIES:

In the matter of mining Lease 3683 – Application by John Stewart McIntyre and Mary Josephine McIntyre for determination of compensation payable to Gordon Downing

FILE NO:

MLC207/2008

PROCEEDING:

Application for determination of compensation

DELIVERED ON:

19 May 2009

DELIVERED AT:

Brisbane

MEMBER:

Mr BR O'Connor, Judicial Registrar

ORDER:

1.    I determine compensation under s.281 in the sum of $220.

2. I award an additional amount of $20 in accordance with s.281(4)(e).

3.    I direct that the miners pay the total compensation in the sum of $240 to the current landowner within three months from notification of the grant of renewal of the mining lease by the Mining Registrar.

4.    No order for costs. 

CATCHWORDS:

MINING LEASE – DETERMINATION OF COMPENSATION
Mineral Resources Act 1989, ss.279, 281

S.P. White v Warner [2003] QLRT 40
Smith v Cameron [1986 -87] 11 QLCR
Shaw v Heritage Holdings Pty Ltd [1992-93] 14 QLCR

APPEARANCES:

Not applicable – heard on the papers

1. The applicants John Stewart McIntyre and Mary Josephine McIntyre (the miners) seek the renewal of the grant of mining Lease 3683 in the Rockhampton District.  The applicants seek a term of 11 years.  The application was lodged at the office of the Mining Registrar Rockhampton on 30 May 2008. 

2. The lease is located on Lot 311 on CK 1014.  Access is in part through the same property.  A grazing operation is conducted on the property.  The lease is over a surface area of 1.6 ha and is sought for the purpose of crushing and screening of rock related to mining operations.  For the purpose of this application I will round to 2 ha. 

The Act

1. Section 279 of the Mineral Resources Act 1989 ("the Act") provides that a mining lease shall not be granted or renewed unless an agreement in relation to compensation has been filed at the office of the Registrar, or in the absence of such an agreement, a determination of compensation has been made by the Court.  In this instance, no agreement has been lodged with the Registrar and the matter has been referred to the Court for determination.

2. The matters which must be considered by the Court are set forth in s.281(3) of the Act. Although s.281 sets out the matters to be considered, it does not define any method of assessment. In Smith v Cameron (1986) 11 QLCR 64, the Land Court held at p.74 …"

   "The section in my opinion merely identifies matters which shall be taken into consideration in making the assessment.  It does not prescribe a method of valuation.  No doubt each case will depend on its own facts and circumstances but it seems to me that either method is open to the valuer."

3. In Shaw v Heritage Holdings Pty Ltd (1992-93) 14 QLCR 139, the Court at p.146 said:

   "… the method of assessment remains a matter which will be governed by the facts and circumstances of each case in which…