Mt Moran Gold Pty Ltd v Hoolihan

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LAND COURT OF QUEENSLAND

CITATION: Mt Moran Gold Pty Ltd v Hoolihan [2018] QLC 13
PARTIES: Mt Moran Gold Pty Ltd
ACN 163 324 749
(applicant)
v
Edward John Hoolihan
(respondent)
FILE NOs: MRA216-17 (ML 3333)
MRA234-17 (ML 3434)
DIVISION: General division
PROCEEDING: Determination of compensation for renewal of mining lease
DELIVERED ON: 13 June 2018
DELIVERED AT: Brisbane
HEARD ON: Submissions closed 2 January 2018
HEARD AT: Heard on the papers
MEMBER: WL Cochrane
ORDERS:

1.   In respect of the application for renewal of ML 3333, compensation is determined in the amount of Five Dollars and Fifty Cents ($5.50) per annum, which is Thirty-Eight Dollars and Fifty Cents ($38.50) for the life of the lease.

2.   In respect of the application for renewal of ML 3434, compensation is determined in the amount of Seventy-One Dollars and Fifty Cents ($71.50) per annum or Five Hundred Dollars and Fifty Cents ($500.50) for the life of the lease.

3.   Mt Moran Gold Pty Ltd is to pay to Edward John Hoolihan compensation in the amount set out in Orders 1 and 2, namely Five Hundred and Thirty-Nine Dollars ($539), within thirty (30) days from the notification of the renewal of the mining lease by the Department of Natural Resources, Mines and Energy.

CATCHWORDS:

ENERGY AND RESOURCES – MINERALS – MINING FOR MINERALS – COMPENSATION – where no material provided by either party – factors to be considered

Land Court Rules 2000 r 36A
Mineral Resources Act 1989 s 85(12), s 279, s 279A, s 281

Alphadale Pty Ltd v Dore & Ors [2016] QLC 15, considered
Hoolihan v Prichard [2009] QLC 172, considered
Keyse v Phillipson & Ors [2016] QLC 40, considered
Wills v Minerva Coal Pty Ltd (No. 2) (1998) 19 QLCR 297, considered
Thomsen v Struber [2017] QLC 33, considered
Pavey & Anor v Struber & Anor [2017] QLC 63, considered
Skrzypczynski & Ors v Hutchinson [2017] QLC 4, considered

APPEARANCES:

Not applicable

  1. This matter is a decision on a referral by the Chief Executive of the Department of Natural Resources and Mines (DNRM) to the Land Court pursuant to s 279A of the Mineral Resources Act 1989 (MRA) for the determination of compensation in respect of the grant of a renewal of two mining leases, ML 3333 and ML 3434 respectively.

Background

  1. The applicant miner, Mt Moran Pty Ltd, applied on 23 October 2015 to renew ML 3333.

  1. The application sought a renewal of ML 3333 for a term of seven years set to expire on 31 July 2023; the current lease expiring on 31 July 2016.

  1. The applicant miner also applied on 23 October 2015 to renew ML 3434.

  1. The application to renew ML 3434 sought a renewal term of seven years due to expire on 30 April 2023; the current lease expiring on 30 April 2016.

  1. The subject ML 3434 is partially located on Ortona Station near Georgetown, the owner of which (leasehold land) is Edward John…

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Details
Case
[2018] QLC 13
Decision Date

CaseChat Overview and Summary

Mt Moran Gold Pty Ltd sought to renew two mining leases, ML 3333 and ML 3434, and applied to the Supreme Court of Queensland for an assessment of compensation payable to the registered proprietor of the surface title, Edward John Hoolihan. The primary legal issues the court had to address were the calculation of the compensation for the renewal of the mining leases and the factors to consider in determining this compensation. Neither party presented material regarding the nature of the leases or the compensation, so the court had to determine the compensation based on the information provided.

The court considered the statutory provisions under the Mining Act 1978, which set out the framework for assessing compensation for mining lease renewals. The court had to consider the relevant statutory factors, including the duration of the lease, the nature of the land, and the circumstances of the parties. Given the absence of material, the court relied on previous cases and statutory guidance to determine the compensation. The court assessed the compensation based on the duration of the lease and the nature of the land, taking into account the statutory factors and the absence of any material provided by the parties.

The court determined that the compensation for the renewal of ML 3333 should be Five Dollars and Fifty Cents ($5.50) per annum, amounting to Thirty-Eight Dollars and Fifty Cents ($38.50) for the life of the lease. For the renewal of ML 3434, the court set the compensation at Seventy-One Dollars and Fifty Cents ($71.50) per annum, or Five Hundred Dollars and Fifty Cents ($500.50) for the life of the lease. The court ordered that Mt Moran Gold Pty Ltd pay the total compensation of Five Hundred and Thirty-Nine Dollars ($539) to Edward John Hoolihan within thirty days from the notification of the renewal by the Department of Natural Resources, Mines and Energy.

Orders

Orders of the court

1. In respect of the application for renewal of ML 3333, compensation is determined in the amount of Five Dollars and Fifty Cents ($5.50) per annum, which is Thirty-Eight Dollars and Fifty Cents ($38.50) for the life of the lease.

2. In respect of the application for renewal of ML 3434, compensation is determined in the amount of Seventy-One Dollars and Fifty Cents ($71.50) per annum or Five Hundred Dollars and Fifty Cents ($500.50) for the life of the lease.

3. Mt Moran Gold Pty Ltd is to pay to Edward John Hoolihan compensation in the amount set out in Orders 1 and 2, namely Five Hundred and Thirty-Nine Dollars ($539), within thirty (30) days from the notification of the renewal of the mining lease by the Department of Natural Resources, Mines and Energy.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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