Midas Resources Limited v Whalan

[2008] QLC 54

LAND COURT OF QUEENSLAND

CITATION:  Midas Resources Limited v Whalan & Anor [2008] QLC 0054

PARTIES:In the matter of Mining Lease 1065 – Application by Midas Resources Limited for determination of compensation payable to George Edward Whalan and Marion Catherine Whalan

FILE NO:MLC00241/2007

PROCEEDING:  Application for determination of compensation

DELIVERED ON:                  22 May 2008

DELIVERED AT:                   Brisbane

MEMBER:Mr FW Windridge, Judicial Registrar

ORDER/S:1.      Application for determination of compensation struck out.

CATCHWORDS:                  MINING LEASE – DETERMINATION OF COMPENSATION

Mineral Resources Act 1989, ss 279, 281

COUNSEL:  Not applicable - Heard on the Papers

Background

1. The applicant Midas Resources Limited (the miner) seeks the renewal of Mining Lease 1065 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.  

1. The lease is located on Lot 4779 on PH1806.  Access is off a gazetted road.  A grazing operation is conducted on the property.  The lease is over an area of 50.60 ha.  For the purpose of this determination, I round off the area to 50 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.  

1. 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.  On the understanding that the agreement will be executed, stamped if necessary, and filed with the Registrar, this application for determination of compensation is struck out.

FW WINDRIDGE
JUDICIAL REGISTRAR