Northeast Mining Co Pty Ltd v Struber & Anor - [2016] QLC 5

LAND COURT OF QUEENSLAND

CITATION:

Northeast Mining Co Pty Ltd v Struber & Anor [2016] QLC 5

PARTIES:

Northeast Mining Co Pty Ltd
(applicant)

Stephen Struber and Dianne Wilson-Struber
(respondents)

FILE NO:

MRA089-15

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 100017 compensation is determined in the total sum of $1600.00 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 100017. The referral was filed in the Land Court on 31 March 2015.

Background

The applicant, Northeast Mining Co 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 143.5 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

MRA089-15 100017 143.5 ha 10 years Alluvial mining

On 16 March 2015 a Certificate of Application for Mining Lease 100017 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 5
Decision Date: 29 January 2016

CaseChat Overview and Summary

Northeast Mining Co Pty Ltd sought a determination of compensation for the grant of a mining lease over land owned by Struber and another. The dispute was heard by the Queensland Land Court, which was tasked with determining the compensation for the grant of the mining lease under the Mineral Resources Act 1989. The court also had to consider the relevant case law and statutory provisions in making its determination.

The court had to decide the appropriate compensation for the grant of the mining lease, which involved assessing the impact of the mining activities on the land and its owners. The court examined the relevant legislative provisions, particularly sections 279 and 281 of the Mineral Resources Act 1989, and considered the relevant case law, including 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, and Unimin Australia Limited v Freeman [2007] QLC 0076. The court also had to consider the provisions of the Public Trustee Act 1978, particularly Part 7, in determining the appropriate compensation.

The court found that the appropriate compensation for the grant of the mining lease was $1600.00 per annum. The court considered the impact of the mining activities on the land and its owners, as well as the relevant legislative provisions and case law. The court also considered the provisions of the Public Trustee Act 1978 in determining the appropriate compensation. The court ordered that the miner pay compensation to the Public Trustee of Queensland on behalf of the landowners the amount set out in the order 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.

The court's decision provides guidance on the appropriate compensation for the grant of a mining lease under the Mineral Resources Act 1989, and highlights the importance of considering the relevant legislative provisions and case law in making such determinations. The court's consideration of the Public Trustee Act 1978 also highlights the importance of ensuring that compensation is paid to the appropriate party.

Orders

Orders of the court

1. In respect of ML 100017 compensation is determined in the total sum of $1600.00 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
MRA089-15	100017	143.5 ha	10 years	Alluvial mining