North Queensland Mining Pty Ltd v Struber - [2016] QLC 4

LAND COURT OF QUEENSLAND

CITATION:

North Queensland Mining Pty Ltd v Struber & Anor [2016] QLC 4

PARTIES:

North Queensland Mining Pty Ltd
(applicant)

Stephen Struber and Dianne Wilson-Struber
(respondents)

FILE NO:

MRA088-15

PROCEEDINGS:

Determination of compensation payable for grant of mining lease.

DELIVERED ON:

29 January 2016

DELIVERED AT:

Brisbane

HEARD ON:

Submissions closed 30 November 2015

HEARD AT:

Heard on the papers

JUDICIAL REGISTRAR:

GJ Smith

ORDERS:

1. In respect of ML 100018 compensation is determined in the total sum of $2950.00 per annum.

2. The miner pay compensation to the Public Trustee of Queensland on behalf of the landowners the amount set out in order 1 within two months from notification of the issue of the mining lease by the Department of Natural Resources and Mines and thereafter on the anniversary of the renewal of the mining lease.

CATCHWORDS:

APPEARANCES:

MINING LEASE - grant - access - determination of compensation - use of Court judgments for determination purposes.

Mineral Resources Act 1989 ss 279, 281
Public Trustee Act 1978 Part 7

Eacham Abrasive Blasting Pty Ltd v Gundersen & Anor [2014] QLC 38
Fitzgerald v Struber [2014] QLC 20

Fitzgerald & Anor v Struber & Anor [2009] QLC 0076

Unimin Australia Limited v Freeman [2007] QLC 0076

Wallace & Ors v Bottomer & Ors [2015] QLC 23

Wills v Minerva Coal Pty Ltd [No.2] (1998) 19 QLCR 297

Not applicable

These proceedings concern a referral to the Land Court by the Chief Executive, Department of Natural Resources and Mines (DNRM) pursuant to s 279(5) of the Mineral Resources Act 1989 (MRA) for the determination of compensation in respect of the grant of Mining Lease 100018. The referral was filed in the Land Court on 31 March 2015.

Background

The applicant, North Queensland Mining Pty Ltd (the miner) seeks the grant of a mining lease located on land described as Lot 14 on SP 250040. The Mining Lease Area comprises 266 ha within Palmerville Station which is owned by the respondents Stephen Struber and Dianne Wilson-Struber (the landowners).
The property is located in the Cook Shire Local Government area and is used for grazing purposes.
The specific Land Court reference and tenure details are set out as follows:

Court Reference Tenure ID Area Term Lease Purpose

MRA088-15 100018 266 ha 10 years Alluvial mining

On 16 March 2015 a Certificate of Application for Mining Lease 100018 was issued by the Mining Registrar at Mareeba.

Relevant Legislation

Section 279 MRA provides that a mining lease shall not be granted or renewed unless an agreement in relation to compensation has been filed or, in the absence of such an agreement, a determination of compensation has been made by the Land Court. In this matter, no agreement has been lodged with DNRM and the matter has been referred to the Land Court for determination.
Section 281 MRA identifies the matters which must be considered by the Court when determining compensation. In particular, s 281(3)(a) provides that an owner of…

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.

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Details

Case: [2016] QLC 4
Decision Date: 29 January 2016

CaseChat Overview and Summary

In the case of North Queensland Mining Pty Ltd v Struber, the primary focus was on determining compensation for a mining lease under the Mineral Resources Act 1989, specifically concerning ML 100018. The dispute arose between North Queensland Mining, the mining lease holder, and the landowners represented by Struber, who were seeking compensation for the use of their land. The Court was tasked with applying relevant legislation and judicial precedents to calculate the appropriate compensation amount.

The legal issues before the Court included interpreting the provisions of the Mineral Resources Act 1989, particularly sections 279 and 281, and assessing the applicability of previous Court decisions such as Eacham Abrasive Blasting Pty Ltd v Gundersen and Fitzgerald v Struber. Additionally, the Court had to consider the role of the Public Trustee Act 1978 in the context of compensation payments to landowners. The main question was how to accurately determine the compensation owed to the landowners based on the established legal framework and precedents.

The Court examined the statutory provisions and relevant case law to arrive at a compensation amount. It considered the specific circumstances of the mining lease and the relevant factors outlined in previous decisions. After thorough analysis, the Court determined that the compensation should be set at $2950.00 per annum. The decision also mandated that the mining company should pay this amount to the Public Trustee of Queensland on behalf of the landowners, starting from the notification of the mining lease issuance and continuing annually thereafter.

The Court's orders specified the compensation amount of $2950.00 per annum and outlined the payment process to the Public Trustee of Queensland. This amount was to be paid by the miner within two months of the notification of the mining lease issuance and then annually on the anniversary of the mining lease renewal. The decision provided clarity on the compensation obligations under the Mineral Resources Act 1989 and reinforced the procedural requirements for such payments.

Orders

Orders of the court

1. In respect of ML 100018 compensation is determined in the total sum of $2950.00 per annum.

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.

Court Reference	Tenure ID	Area	Term	Lease Purpose
MRA088-15	100018	266 ha	10 years	Alluvial mining