O'Shane v Indigenous Land Corporation

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LAND COURT OF QUEENSLAND

CITATION: O’Shane & Anor v Indigenous Land Corporation
[2016] QLC 76
PARTIES: Patrick Daniel Michael O’Shane & Hamish William Bergerson
(applicants)
v
Indigenous Land Corporation
(respondent)
FILE NO: MRA247-16
DIVISION: General Division
PROCEEDING: Determination of compensation for grant of mining lease.
DELIVERED ON: 8 December 2016
DELIVERED AT: Brisbane
HEARD ON: Submissions closed 5 September 2016.
HEARD AT: Heard on the papers
JUDICIAL REGISTRAR: GJ Smith
ORDERS:

1.     In respect of ML 100068 compensation is determined in an amount of $440 per annum.

2.     The applicants pay compensation to the respondent the amount set out in Order 1 within three months of the date of grant of the mining lease by the Department of Natural Resources and Mines and in each subsequent year on the anniversary of the date of grant.

CATCHWORDS:

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

Mineral Resources Act 1989 s 279, 281

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

Re 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. This proceeding concerns 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 100068 (ML 100068).  

Background

  1. The applicants, Patrick Daniel Michael O’Shane and Hamish William Bergerson (the miners) seek the grant of a mining lease located on land described as Lot 198 on SP 273726 (the subject land).  The relevant area comprises a mining lease area of 37.98 ha and a 3.3 ha access track across the subject land which is owned by the Indigenous Land Corporation (the landowner).  These areas will be rounded to the next full hectare for calculation purposes.

  2. The subject land is located approximately 9 km south-east of the town of Laura within 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 Reference Tenure ID Area Term Lease Purpose
MRA247-16 100068 37.98 ha 15 years Gold/Tin
  1. On 15 February 2016 a Certificate of Application for ML 100068 was issued by the Mineral Assessment Hub.

Relevant Legislation

  1. 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.

  2. Section 281 MRA identifies the matters which…

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Details
Case
[2016] QLC 76
Decision Date

CaseChat Overview and Summary

The applicants, O'Shane, sought a review of the decision of the respondent, the Indigenous Land Corporation, to grant a mining lease over a parcel of land in Queensland. The dispute was brought before the Queensland Land Court, which was tasked with determining the compensation for the grant of the mining lease. The O'Shane family sought to have the grant of the mining lease to the respondent set aside, and to have the compensation determined at a higher amount. They argued that the respondent had not properly considered the impact of the grant on the land and its use, and that the compensation offered was insufficient.

The court was required to determine whether the grant of the mining lease was proper, and if so, what compensation should be paid for the grant. The court noted that the respondent had followed the necessary procedures in granting the mining lease, and that the grant was therefore valid. The court also considered the issue of compensation, and noted that the O'Shane family had not provided any expert or valuation evidence to support their claim for higher compensation. The court found that the use of previous court judgments was an acceptable method for determining compensation in this case.

The court determined that the compensation for the grant of the mining lease should be set at $440 per annum. The court found that the respondent had not acted improperly in granting the mining lease, and that the compensation offered was reasonable. The O'Shane family was ordered to pay the compensation to the respondent within three months of the grant of the mining lease by the Department of Natural Resources and Mines, and in each subsequent year on the anniversary of the date of grant. The court found that the grant of the mining lease was proper, and that the compensation offered was sufficient.

Orders

Orders of the court

1. In respect of ML 100068 compensation is determined in an amount of $440 per annum.

2. The applicants pay compensation to the respondent the amount set out in Order 1 within three months of the date of grant of the mining lease by the Department of Natural Resources and Mines and in each subsequent year on the anniversary of the date of grant.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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