Nielsen v Australian Wildlife Conservancy

[2013] QLC 16

LAND COURT OF QUEENSLAND

CITATION:                 Nielsen v Australian Wildlife Conservancy [2013] QLC 16

PARTIES:                   Leslie James Nielsen, Christian Henry Nielsen, Marlene Mary Bramley, Eileen Kerns, Geoffrey Francis Phillips as executor of the Estate of Keith Wade Phillips

(applicants)

v

Australian Wildlife Conservancy

(respondent)

FILE NO:MRA886-12

PROCEEDING:          Application to determine compensation

DELIVERED ON:      24 April 13

DELIVERED AT:       Brisbane

MEMBER:Mr BR O’Connor, Judicial Registrar

ORDERS:1.      Compensation determined at $175.

2.Such compensation to be paid by the miner to the landowner within 60 days of the renewal of the mining lease.

CATCHWORDS:       COMPENSATION – MINING LEASE RENEWAL – GRAZING PROPERTY

Mineral Resources Act 1989, s 279A

APPEARANCES:       Not applicable - Heard on the Papers

1. This is an application under section 279 of the Mineral Resources Act 1989 (MRA) for the determination of compensation for the effect upon the respondent landowner of the renewal of the applicant’s Mining Lease 5049 in the Mareeba District.

1. The lease is located on Lot 13 on SP127335, Parish of Gudgee, County of Dagmar.  Access is through the same lot.  The lease is granted for the mining and treatment of gold and other minerals.  The lease is 3.125 hectares in size.  Renewal is for a period of 5 years, commencing from 1 February 2012.

1. The landowner has referred the Court to a recent decision of Oosen v Australian Wildlife Conservancy [2012] QLC 0045, and is agreeable to accept the levels of compensation determined there in the present case. The miner is agreeable to an amount of $5 to $10 per hectare per annum as appropriate compensation.

1. I have perused that previous decision and the material presented by the miner regarding renewal of the lease.  I am satisfied that the level and conditions for compensation previously determined are appropriate for the renewal now being considered.  [$10/ha.annum plus $10 for access plus 10% pursuant to s.281(4)(e) of the MRA].

1. Accordingly, I determine compensation under all heads in the amount of $175 (rounded) to be paid within 60 days of the notification of renewal of the lease by the Registrar.

BR O’CONNOR
JUDICIAL REGISTRAR