Midas Resources Limited v Scott
[2008] QLC 55
•25 February 2008
LAND COURT OF QUEENSLAND
CITATION: Midas Resources Limited v Scott & Ors [2008] QLC 0055
PARTIES:In the matter of Mining Lease 1074 – Application by Midas Resources Limited for determination of compensation payable to (1) Coral M Scott, Gavin W Scott, Owen B Scott and (2) The Bowen Shire Council.
FILE NO:MLC00242/2007
PROCEEDING: Application for determination of compensation
DELIVERED ON: 25 February 2008
DELIVERED AT: Brisbane
MEMBER:Mr FW Windridge, Judicial Registrar
ORDER/S:1. Application for determination of compensation payable to Coral Scott, Gavin Scott and Owen Scott is struck out.
2.Application for determination of compensation payable to the Bowen Shire Council is struck out.
CATCHWORDS: MINING LEASE – DETERMINATION OF COMPENSATION
Mineral Resources Act 1989, ss 279, 281
Smith v Cameron [1986-87] 11 QLCR 64
Shaw v Heritage Holdings Pty Ltd [1992-93] 14 QLCR 139
Mitchell v Oakhill and Mitchell (10.03.98) unreported
COUNSEL: Not applicable – Heard on the Papers
Background
The applicant Midas Resources Limited (the miner) seeks the renewal of Mining Lease 1074 in the Charters Towers District. The application for renewal for a term of 21 years was lodged at the office of the Mining Registrar Charters Towers on 25 July 2007. The lease is granted for the purpose of mining silver ore, gold, bismuth ore, copper ore and lead ore.
The lease is located on Lot 4779 on PH1806. A gazetted road passes through the lease area. A grazing operation is conducted on the property. The lease is over an area of 72.85 ha. For the purpose of this determination, I round off the area to 73 ha. There is no break up of the area taken up by the road or the portion of the lease that is on Lot 4779. In view of the order that I am about to make, it is not necessary to distinguish the road from the balance of the land in the lease.
The Act
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.
The Court is advised that since lodgement of the application, an agreement between the parties has been negotiated and is in the process of adoption by the relevant parties. It appears climatic conditions has delayed the return of the agreement which relates to this lease and three other leases held by the applicant miner in the area and due for renewal now or in the near future. An approach has been made to the Bowen Shire Council for an agreement in relation to that portion of the road that passes through the lease. On the understanding that these agreements will be executed, stamped if necessary, and filed with the Registrar, the applications for determination of compensation in respect of Mining Lease 1074 are struck out.
FW WINDRIDGE
JUDICIAL REGISTRAR
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