Oosen v Australian Wildlife Conservancy
[2012] QLC 45
•7 September 2012
LAND COURT OF QUEENSLAND
CITATION: Oosen v Australian Wildlife Conservancy [2012] QLC 0045
PARTIES:Oosen Mining Pty Ltd
(applicant)
v
Australian Wildlife Conservancy
(respondent)
FILE NO:MRA022-12
PROCEEDING: Application to determine compensation
DELIVERED ON: 7 September 2012
DELIVERED AT: Heard on the papers
MEMBER:Mr BR O’Connor, Judicial Registrar
ORDERS:1. Compensation determined at $77.00
2.Such compensation to be paid by the miner to the landowner within 60 days of the grant of the mining lease.
CATCHWORDS: COMPENSATION – MINING LEASE RENEWAL (GOLD/SILVER) – GRAZING PROPERTY
Mineral Resources Act 1989, s 281
APPEARANCES: Not applicable - Heard on the Papers
This is an application under section 281 of the Mineral Resources Act 1989 (MRA) for the determination of compensation for the effect upon the respondent landowner of the renewal of the applicant’s Mining Lease 20041 in the Mareeba District.
The lease and access is located on Lot 13, SP127335, Parish of Gudgee, County of Dagmar. Access is through the same lot. The lease is granted for the mining and treatment of gold and other minerals. The lease is 1 hectare in size. Renewal is for a period of 6 years, commencing from 1 October 2011.
The landowner, Australian Wildlife Conservancy (AWC), has advised the Court in writing that it did not wish to make any submissions in relation to the matter. The miner, Oosen Mining Pty Ltd (Oosen), refers to a previous decision of the Land and Resources Tribunal [2005] QLRT 136 delivered on 14 October 2005 determining compensation for the previous term of the subject lease. Oosen claims that the same level of compensation should be apply to the present term, (6 years).
I have perused that previous decision and the material presented by the miner regarding renewal of the lease. I am satisfied that the level and conditions for compensation previously determined are appropriate for the renewal now being considered.
Accordingly, I determine compensation under all heads in the amount of $77.00 to be paid within 60 days of the notification of renewal of the lease by the Registrar.
BR O’CONNOR
JUDICIAL REGISTRAR
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