Munns v Wharley - [2016] QLC 35

LAND COURT OF QUEENSLAND

CITATION: Munns v Wharley & Ors [2016] QLC 35*

PARTIES: Dale Frank Munns
(applicant)

v

Peter Andrew Wharley, Allison Denise Wharley and Fay Rose Walker
(respondents)

FILE NO: MRA099-15

DIVISION: General Division

PROCEEDING: Determination of compensation for grant of mining claims.

DELIVERED ON: 10 June 2016

DELIVERED AT: Brisbane

HEARD ON: Submissions closed on 20 May 2016

HEARD AT: Heard on the papers

JUDICIAL REGISTRAR:
GJ Smith

ORDERS:
1. Compensation payable by the applicant to the respondents for the grant of MC 72387 is determined in the sum of $1,071 per annum for the first year and that sum as adjusted in accordance with the Consumer Price Index in each subsequent year of the tenure.

2. That the compensation pursuant to Order 1 shall be paid per annum in advance. It shall be paid within one month of the date of grant of the mining claim and in each subsequent year on the anniversary date of the date of grant.

CATCHWORDS:
MINING CLAIM – determination of compensation – grant – factors to be considered – direct impact on land – diminution in value – balance land – administrative time –
valuation report – items claimable – consequence of the grant.

Mineral Resources Act 1989, s 85
Land Court Rules 2000, Rule 36A

Matrix Metals Limited v The North Australian Pastoral Company Pty Ltd [2007] QLC 075
Mitchell v Oakhill and Mitchell (Unreported, Land Court of Queensland, JJ Trickett, President, 10 March 1998)
Richardson & Ors v Wharley & Ors [2015] QLC 6
Sullivan v Oil Company of Australia Ltd (No.2.) (2004) 2 Qd R 105
Wills v Minerva Coal Pty Ltd [No. 2] (1998) 19 QLCR 297

APPEARANCES:
Not applicable

This matter involves a referral to the Land Court pursuant to s 85(12) of the Mineral Resources Act 1989 (MRA) for the determination of compensation in respect of the grant of a mining claim.

Background

The applicant Dale Frank Munns (the applicant) applied for the grant of mining claim 72387 on 19 August 2014. The land upon which the proposed mining claim is located is approximately 80 km north-west of Emerald, within the Emerald Mining District. The land is within the Central Highlands Regional Council local government area. The purpose of the proposed grant is for the mining of Sapphire and Zircon.
The land upon which the mining claim and access track is situated is owned by Peter Andrew Wharley, Allison Denise Wharley and Fay Rose Walker (the respondents). The land is known as “Reklaw Park” and is more particularly described as Lot 10 on CLM673 GHPL 12/2424. It is approximately 12,300 hectares in area and is used for grazing purposes.
The specific Land Court reference and tenure details are set out as follows:

Court Reference Tenure ID Tenure Area Purpose Term

MRA099-15 MC72387 19.95 ha Sapphire, Zircon 10 years

Relevant Legislation

Section 85 of the MRA provides that a mining claim shall not be granted or renewed unless compensation has been determined (whether…

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 Munns v Wharley

Details

AGLC: Munns v Wharley [2016] QLC 35
Case: [2016] QLC 35
Decision Date: 10 June 2016

CaseChat Overview and Summary

The case of Munns v Wharley involved the determination of compensation for the grant of a mining claim. The parties were Munns, the applicant, and Wharley, the respondents. The dispute centred on the calculation of compensation for the grant of mining claim 72387, specifically the factors to be considered, the direct impact on the land, the diminution in value, and the balance land. The case was heard in a relevant Australian court, which was tasked with deciding these legal issues.

The primary legal issues before the court were whether the compensation payable was correctly calculated, and what factors should be considered in determining compensation for the grant of a mining claim. The court needed to consider the direct impact of the mining claim on the land, the diminution in value of the land, and the balance land. Additionally, the court had to assess the administrative time required for the valuation report and the items claimable as a consequence of the grant.

The court, after reviewing the evidence and applicable legislation, determined that the compensation payable by Munns to Wharley for the grant of mining claim 72387 should be $1,071 per annum for the first year, adjusted annually according to the Consumer Price Index. The court held that the compensation should be paid per annum in advance, within one month of the date of grant, and on the anniversary of the grant date in subsequent years. The court found that the applicant's valuation report adequately covered the necessary factors and that the compensation was appropriately calculated based on the evidence presented.

Orders

Orders of the court

1. Compensation payable by the applicant to the respondents for the grant of MC 72387 is determined in the sum of $1,071 per annum for the first year and that sum as adjusted in accordance with the Consumer Price Index in each subsequent year of the tenure.

2. That the compensation pursuant to Order 1 shall be paid per annum in advance. It shall be paid within one month of the date of grant of the mining claim and in each subsequent year on the anniversary date of the date of grant.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Munns v Wharley & Ors [2016] QLC 35*
PARTIES:	Dale Frank Munns (applicant)
v
Peter Andrew Wharley, Allison Denise Wharley and Fay Rose Walker (respondents)
FILE NO:	MRA099-15
DIVISION:	General Division
PROCEEDING:	Determination of compensation for grant of mining claims.
DELIVERED ON:	10 June 2016
DELIVERED AT:	Brisbane
HEARD ON:	Submissions closed on 20 May 2016
HEARD AT:	Heard on the papers
JUDICIAL REGISTRAR:	GJ Smith
ORDERS:	1. Compensation payable by the applicant to the respondents for the grant of MC 72387 is determined in the sum of $1,071 per annum for the first year and that sum as adjusted in accordance with the Consumer Price Index in each subsequent year of the tenure. 2. That the compensation pursuant to Order 1 shall be paid per annum in advance. It shall be paid within one month of the date of grant of the mining claim and in each subsequent year on the anniversary date of the date of grant.
CATCHWORDS:	MINING CLAIM – determination of compensation – grant – factors to be considered – direct impact on land – diminution in value – balance land – administrative time – valuation report – items claimable – consequence of the grant. Mineral Resources Act 1989, s 85 Land Court Rules 2000, Rule 36A Matrix Metals Limited v The North Australian Pastoral Company Pty Ltd [2007] QLC 075 Mitchell v Oakhill and Mitchell (Unreported, Land Court of Queensland, JJ Trickett, President, 10 March 1998) Richardson & Ors v Wharley & Ors [2015] QLC 6 Sullivan v Oil Company of Australia Ltd (No.2.) (2004) 2 Qd R 105 Wills v Minerva Coal Pty Ltd [No. 2] (1998) 19 QLCR 297
APPEARANCES:	Not applicable

Court Reference	Tenure ID	Tenure Area	Purpose	Term
MRA099-15	MC72387	19.95 ha	Sapphire, Zircon	10 years