Mt Ruby Mines Pty Ltd v Dunn - [2019] QLC 46

LAND COURT OF QUEENSLAND

CITATION: Mt Ruby Mines Pty Ltd v Dunn [2019] QLC 46

PARTIES: Mt Ruby Mines Pty Ltd
(applicant)

v

Gary Dunn
(objector)

FILE NO: MRA126-19 (MLA 100142)

DIVISION: General division

PROCEEDING: Application to strike out

DELIVERED ON: 27 November 2019 [ex tempore]

DELIVERED AT: Brisbane

HEARD ON: 27 November 2019

HEARD AT: Brisbane

PRESIDENT: FY Kingham

ORDERS:
The objection made by Mr Dunn is not a properly made objection. 1.

The listing for hearing in Atherton on 12 December 2019 is vacated.2.

MLA100142 is remitted to the Chief Executive of the Department of Natural Resources, Mines and Energy. 3.

CATCHWORDS:
ENERGY AND RESOURCES – MINERALS – COURTS OR TRIBUNALS EXERCISING JURISDICTION IN MINING MATTERS – QUEENSLAND – application for mining lease – objections to application – where the objection was not lodged within time – whether the Court has jurisdiction to hear the objection – where the Court does not have jurisdiction and cannot rely on its substantial compliance power – where the objection was not a properly made objection – where the mining lease application was remitted to DNRME
Land Court Act 2000 s 4(1), s 5
Mineral Resources Act 1989 s 260(1), s 265, s 268, s 269, s 392
Mineral Resources Regulation 2013 r 94
Mines and Energy Legislation Amendment Act 2010 (No. 17 of 2010) s 50
Mines Legislation (Streamlining) Amendment Act 2012 (No. 12 of 2012) s 195

ACI Operations Pty Ltd v Quandamooka Lands Council Aboriginal Corporation (ACI) [2002] 1 Qd R 347, applied
Australian Finegrain Marble Pty Ltd & Kagara Pty Ltd [2006] QLRT 132, cited
Lee v Kokstad Mining Pty Ltd [2005] QLRT 160, cited
Lee v Kokstad Mining Pty Ltd (2008) 1 Qd R 65, applied
McAvoy v Adani Mining Pty Ltd [2014] QLC 32, cited
Re ACI Operations Pty Ltd and Friends of Stradbroke Island Association Inc [2000] QLRT 7, applied

APPEARANCES:
C E Meiklejohn (solicitor), McCullough Robertson Lawyers, for the applicant

F Ford (agent) for the objector and G Dunn, the objector (self-represented)

Mt Ruby Mines Pty Ltd operates the Mt Ruby Mine, near Ravenshoe in North Queensland under ML20414. It mines a range of minerals, including magnetite iron ore. The ore body extends beyond its existing mining lease. Mt Ruby Mines has applied for a further mining lease (MLA 100142) to locate infrastructure for the mine and to extract magnetite iron ore and the other minerals.

On 27 June 2019, a project officer in the Department of Natural Resources Mines and Energy (DNRME) referred Mt Ruby Mines’ application, and two objections to the grant of the application, to the Court for a hearing. One objector has since withdrawn his objection. Mr Gary Dunn made the other objection.

The Court has listed the application and Mr Dunn’s objection for hearing in Atherton commencing on 12 December 2019. Mt Ruby Mines has applied for a declaration that Mr Dunn’s objection is not a properly made objection, or for an order striking out his…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Mt Ruby Mines Pty Ltd v Dunn

Details

AGLC: Mt Ruby Mines Pty Ltd v Dunn [2019] QLC 46
Case: [2019] QLC 46
Decision Date: 27 November 2019 [ex tempore]

CaseChat Overview and Summary

In Mt Ruby Mines Pty Ltd v Dunn, the applicant sought a mining lease for land located in Queensland. The respondent, Mr. Dunn, lodged an objection to the application after the prescribed time limit had expired. The Queensland Land Court was tasked with determining whether it had jurisdiction to hear the objection and, if so, whether the objection could be considered despite being lodged late. The court also needed to decide if the objection was properly made.

The court found that the objection was not lodged within the statutory time limit, and therefore, the court did not have jurisdiction to hear it. The court confirmed that it could not rely on its substantial compliance power to accept the objection, as it was not made within the required timeframe. Additionally, the court determined that the objection was not properly made, as it failed to meet the necessary criteria for an objection under the relevant legislation. Consequently, the court held that the objection was invalid.

The court ordered that the objection made by Mr. Dunn was not a properly made objection, and the hearing scheduled for 12 December 2019 was vacated. The mining lease application was remitted to the Chief Executive of the Department of Natural Resources, Mines and Energy for further consideration, excluding the invalid objection. This decision underscores the importance of adhering to statutory timeframes and requirements when lodging objections to mining lease applications in Queensland.

Orders

Orders of the court

The objection made by Mr Dunn is not a properly made objection. 1.

The listing for hearing in Atherton on 12 December 2019 is vacated.2.

MLA100142 is remitted to the Chief Executive of the Department of Natural Resources, Mines and Energy. 3.

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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CITATION:	Mt Ruby Mines Pty Ltd v Dunn [2019] QLC 46
PARTIES:	Mt Ruby Mines Pty Ltd (applicant)
v
Gary Dunn (objector)
FILE NO:	MRA126-19 (MLA 100142)
DIVISION:	General division
PROCEEDING:	Application to strike out
DELIVERED ON:	27 November 2019 [ex tempore]
DELIVERED AT:	Brisbane
HEARD ON:	27 November 2019
HEARD AT:	Brisbane
PRESIDENT:	FY Kingham
ORDERS:	The objection made by Mr Dunn is not a properly made objection. 1. The listing for hearing in Atherton on 12 December 2019 is vacated.2. MLA100142 is remitted to the Chief Executive of the Department of Natural Resources, Mines and Energy. 3.
CATCHWORDS:	ENERGY AND RESOURCES – MINERALS – COURTS OR TRIBUNALS EXERCISING JURISDICTION IN MINING MATTERS – QUEENSLAND – application for mining lease – objections to application – where the objection was not lodged within time – whether the Court has jurisdiction to hear the objection – where the Court does not have jurisdiction and cannot rely on its substantial compliance power – where the objection was not a properly made objection – where the mining lease application was remitted to DNRME Land Court Act 2000 s 4(1), s 5 Mineral Resources Act 1989 s 260(1), s 265, s 268, s 269, s 392 Mineral Resources Regulation 2013 r 94 Mines and Energy Legislation Amendment Act 2010 (No. 17 of 2010) s 50 Mines Legislation (Streamlining) Amendment Act 2012 (No. 12 of 2012) s 195 ACI Operations Pty Ltd v Quandamooka Lands Council Aboriginal Corporation (ACI) [2002] 1 Qd R 347, applied Australian Finegrain Marble Pty Ltd & Kagara Pty Ltd [2006] QLRT 132, cited Lee v Kokstad Mining Pty Ltd [2005] QLRT 160, cited Lee v Kokstad Mining Pty Ltd (2008) 1 Qd R 65, applied McAvoy v Adani Mining Pty Ltd [2014] QLC 32, cited Re ACI Operations Pty Ltd and Friends of Stradbroke Island Association Inc [2000] QLRT 7, applied
APPEARANCES:	C E Meiklejohn (solicitor), McCullough Robertson Lawyers, for the applicant F Ford (agent) for the objector and G Dunn, the objector (self-represented)