Minerals and Metals Group Australia Limited v Mitakoodi Mayi Peoples Pty Ltd
[2011] QLC 50
•5 August 2011
LAND COURT OF QUEENSLAND
CITATION: Minerals and Metals Group Australia Limited v. Mitakoodi Mayi Peoples Pty Ltd and Anor [2011] QLC 50 PARTIES: Minerals and Metals Group Australia Limited
(applicant)v. Mitakoodi Mayi Peoples Pty Ltd
(objector)and Chief Executive, Department of Environment and Resource Management
(statutory party)FILE NO: EPA228-11 DIVISION: General Division PROCEEDING: Objection to application to amend environmental authority DELIVERED ON: 5 August 2011 DELIVERED AT: Brisbane HEARD AT: Brisbane PRESIDENT: Mrs CAC MacDonald ORDER: Pursuant to s.222(1)(a) of the Environmental Protection Act 1994, I recommend to the Honourable Minister administering that Act that the application to amend environmental authority M1622 be granted on the basis of draft environmental authority MIN102097410 (mining activities) for the application. CATCHWORDS: Environmental authority – existing mining lease – objection - mediation APPEARANCES: Mr P Ambrose SC for the applicant
Mr G Connelly and Ms P Connelly in person for the objector
Ms H Ahern for the statutory partySOLICITORS: Clayton Utz for the applicant
On 1 July 2011 the Acting Director, Litigation Unit, Department of Environment and Resource Management referred to this Court an objection to an application to amend an environmental authority, pursuant to s.219 of the Environmental Protection Act 1994 (the Act).
The background to the referral was that, under cover of a letter dated 27 October 2010, the applicant, Minerals and Metals Group Australia Limited (MMG), lodged an application with the Department of Environment and Resource Management to amend environmental authority M1622 which had been granted in respect of the Dugald River Project which comprises some 33 mining lease tenures. The purpose of the amendment application was to obtain approval for development of two exploration declines to investigate the potential development of the Dugald River Project silver, lead and zinc resource and potential future development of the copper resource. The existing environmental authority contains the standard environmental conditions from the Code of Environmental Compliance for Mining Lease Projects. The applicant proposed a new set of environmental authority conditions for level 1, non-standard, exploration on a mining lease. The proposed new conditions were set out in the Environmental Management Plan forwarded to the department with the application.
On 19 May 2011 draft environmental authority MIN102097410 was issued by the administering authority pursuant to s.208 of the Act.
The application to amend the environmental authority was advertised in accordance with the provisions of the Act and, as a result, an objection to the application was lodged by the Mitakoodi Mayi Peoples Pty Ltd with the Department of Environment and Resource Management on 17 June 2011.
On 12 July 2011 MMG filed an application in this Court to strike out the objection lodged by the objector. At a directions hearing held on 20 July 2011 I ordered that a mediation into the hearing of the application to strike out the objection take place on 29 July 2011.
The Court has subsequently been advised that, as a result of the mediation, agreement has been reached between the parties and the objection by the Mitakoodi Mayi Peoples has been withdrawn.
As the objection to the application has been withdrawn and the parties have reached agreement it appears that the draft environmental authority is appropriate, there being no evidence to the contrary. In those circumstances, pursuant to s.222(1)(a) of the Act, I recommend to the Honourable Minister administering the Environmental Protection Act 1994 that the application be granted on the basis of the draft environmental authority for the application.
Order
Pursuant to s.222(1)(a) of the Environmental Protection Act 1994, I recommend to the Honourable Minister administering that Act that the application to amend environmental authority M1622 be granted on the basis of draft environmental authority MIN102097410 (mining activities) for the application.
CAC MacDONALD
PRESIDENT OF THE LAND COURT
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