Munro & Anor v Struber & Anor

[2016] QLC 49

LAND COURT OF QUEENSLAND

CITATION:

Munro & Anor v Struber & Anor [2016] QLC 49

PARTIES:

Ronald Gordon Munro & Edwina Jean Munro
(applicants)

v

Stephen Roy Struber & Dianne Rose Wilson-Struber

(respondents)

FILE NO:

MRA084-16
MRA085-16

DIVISION:

General Division

PROCEEDING:

Determination of compensation for grant of a mining lease

DELIVERED ON:

18 August 2016

DELIVERED AT:

Brisbane

HEARD ON:

Submissions closed 5 May 2016

HEARD AT:

Heard on the papers

JUDICIAL REGISTRAR:

GJ Smith

ORDERS:

1.     In respect of ML 100069 compensation is determined in the total sum of $330 for the initial grant period of 10 years.

2.     In respect of ML 100071 compensation is determined in the total sum of $330 for the initial grant period of 10 years.

3.     The miner pay compensation to the Public Trustee of Queensland on behalf of the landowners the amounts set out in orders 1 and 2 within three months from notification of the issue of the mining lease by the Department of Natural Resources and Mines.

CATCHWORDS:

MINING LEASE – grant – referral – determination of   compensation – absence of expert or valuation evidence – use of Court judgments for determination purposes.

Mineral Resources Act 1989 s 281(1)
Public Trustee Act 1978

Eacham Abrasive Blasting Pty Ltd v Gundersen & Anor [2014] QLC 38
Fitzgerald & Anor v Struber & Anor [2009] QLC 76 Unimin Australia Limited v Freeman [2007] QLC 76

Wallace & Ors v Bottomer & Ors [2015] QLC 23
Wills v Minerva Coal Pty Ltd [No.2] (1998) 19 QLCR 297

APPEARANCES:

Not applicable

1. These proceedings concern a referral to the Land Court by the Chief Executive, Department of Natural Resources and Mines (DNRM) pursuant to s 281(1) of the Mineral Resources Act 1989 (MRA) for the determination of compensation in respect of the grant of Mining Leases ML 100069 and ML 100071.  The referral documents list the address for the respondents as:

   ANDREW RUSHTON
              PRINCIPAL PUBLIC TRUST OFFICER
              PUBLIC TRUST OFFICE
              PO BOX 656
              CAIRNS QLD 4870

Background

1. The applicants, Ronald Gordon and Edwina Jean Munro (the miners) seek the grant of mining leases ML 100069 and ML 100071.  Although the mining leases are to be situated on   adjoining land, the access track to the leases traverses Palmerville Station which is owned by the respondents Stephen Struber and Dianne Wilson-Struber (the landowners). 

2. Palmerville Station is more particularly described as Lot 14 on SP 250040, is located in the Cook Shire Local Government area and is used for grazing purposes. 

3. The specific Land Court reference and tenure details are set out as follows: 

Court References	Tenure ID	Access Area	Term	Lease Purpose
MRA084-16	ML 100071	5.84 ha	10 years	Gold
MRA085-16	ML 100069	5.84 ha	10 years	Gold

1. On 15 December 2015 a Certificate of Application for ML 100069 and ML 100071 was issued by the Mining Registrar at Mareeba.

Relevant Legislation

1. Section 279 of the MRA provides that a mining lease shall not be granted or renewed unless an agreement in relation to compensation has been…