O'Shane v Indigenous Land Corporation

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…