Mt Moran Gold Pty Ltd v Hoolihan

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…