MGT Minerals Pty Ltd v Dunn

LAND COURT OF QUEENSLAND

CITATION:

MGT Minerals Pty Ltd v Dunn & Ors [2020] QLC 5

PARTIES:

MGT Minerals Pty Ltd
ACN 620 809 467
(applicant)

v

Gary Dunn
(objector)

Frances Ford
(objector)

and

Department of Environment and Science
(statutory party)

FILE NO:

EPA090-19 (EPVL00864413)

DIVISION:

General Division

PROCEEDING:

Objection to application for amendment to environmental authority

DELIVERED ON:

5 February 2020

DELIVERED AT:

Brisbane

HEARD ON:

16, 18 & 19 December 2019

HEARD AT:

Atherton

MEMBER: 

PG Stilgoe OAM

ORDER:

I recommend to the chief executive of the Department of Environment and Science, as the Department responsible for the Environmental Protection Act 1994, that the amendment to EPVL00864413 be approved on the basis of the draft environmental authority for the application subject to an amendment of the date in Conditions C2, E7 (Table E3), E12, E17 and G27 (Table G1).

CATCHWORDS:

ENERGY AND RESOURCES – MINERALS – COURTS OR TRIBUNALS EXERCISING JURISDICTION IN MINING MATTERS – QUEENSLAND – where an application was made to amend an environmental authority to expand tin mining operations – where an objection was made to the application – where, after considering the objection, a draft environmental authority was issued with both standard and site-specific conditions – where the Court found, inter alia, that the draft environmental authority was sufficient to minimise harm to the environment – where the Court recommended that the Department approve the amendment subject to an amendment of the date in various conditions

Environmental Protection Act 1994 s 3, s 173(1), s 176(2), s 176(3), s 185, s 190(1), s 191, s 523, sch 2 pt 1
Mineral Resources Act 1989 s 269(4)

Bat Advocacy NSW Inc v Minister for Environment Protection, Heritage and the Arts & Anor (2011) 180 LGERA 99; [2011] FCAFC 59, cited
Garimperos Ltd v Gary Dunn & Anor [2012] QLC 52, cited
Sinclair v Mining Warden at Maryborough & Anor (1975) 132 CLR 473; [1975] HCA 17, cited
Tickner v Chapman (1995) 57 FCR 451, 495; [1995] FCA 987, cited

Queensland Industrial Minerals Pty Ltd v Younger & Ors; Queensland Industrial Minerals Pty Ltd v Ryan [2017] QLC 39, cited

APPEARANCES:

DA Quayle (instructed by Holding Redlich) for the applicant
F Ford, objector (representing herself and G Dunn)
CC McCarthy, Lawyer, Litigation Unit,

Introduction

1. Hardy souls have been mining tin in the Mt Garnet region for over 140 years. Those years of mining have not been kind to the local environment. Previous miners’ poor work practices and failure to rehabilitate mines have left bare and eroded landscapes, compromised natural vegetation and dams filled with contaminated water. This legacy has made some of the local community, including Frances Ford and Gary Dunn, suspicious and resentful of mining. They want no future mining in the area.

1. MGT Minerals Pty Ltd is the latest miner to take an interest in this area, operating the Mt Veteran Dalcouth Mine 12km north-east of Mount Garnet. MGT holds two mining tenures (ML4349 and…