LAND COURT OF QUEENSLAND
| CITATION: | Northeast Mining Co Pty Ltd v Struber & Anor [2016] QLC 5 | |
| PARTIES: | Northeast Mining Co Pty Ltd (applicant) | |
| v | ||
| Stephen Struber and Dianne Wilson-Struber (respondents) | ||
| FILE NO: |
| |
| 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 Eacham Abrasive Blasting Pty Ltd v Gundersen & Anor [2014] QLC 38 Fitzgerald & Anor v Struber & Anor [2009] QLC 0076 Unimin Australia Limited v Freeman [2007] QLC 0076
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…
Keep reading for free
Create a free CaseChat account to read Northeast Mining Co Pty Ltd v Struber & Anor and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2016] QLC 5
- Decision Date
CaseChat Overview and Summary
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.
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.
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.