Parnwell v Camm - [2016] QLC 39

LAND COURT OF QUEENSLAND

CITATION:

Parnwell v Camm [2016] QLC 39

PARTIES:

Ian Gregory Parnwell
(applicant)

Peter Robert Camm
(respondent)

FILE NO:

MRA128-15

PROCEEDINGS:

Determination of compensation payable for renewal of mining claim

DELIVERED ON:

30 June 2016

DELIVERED AT:

Brisbane

HEARD ON:

Submissions closed 29 February 2016

HEARD AT:

Heard on the papers

JUDICIAL REGISTRAR:

GJ Smith

ORDERS:

1. In respect of MC 4438 compensation is determined in the total sum of $3,960 per annum.

2. The applicant pay compensation to the respondent in the amount set out in order 1 within three months from notification of the renewal of the mining claim by the Department of Natural Resources and Mines and thereafter on the anniversary of the renewal of the mining claim.

CATCHWORDS:

MINING CLAIM – renewal – determination of compensation – evidence from respondent only – access – beneficial entitlement – road maintenance – remediation – assumption of reasonable and lawful conduct

Mineral Resources Act 1989 ss 85, 85A

Mitchell v Oakhill and Mitchell (Unreported, Land Court of Queensland, JJ Trickett, President, 10 March 1998)
Smith v Cameron (1986) 11 QLCR 64
Wills v Minerva Coal Pty Ltd [No. 2] (1998) 19 QLCR 297

APPEARANCES:

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 85A of the Mineral Resources Act 1989 (MRA) for the determination of compensation in respect of the renewal of Mining Claim 4438 (MC 4438).

Background

The applicant, Ian Gregory Parnwell, (the applicant) seeks the renewal of a mining claim located on land described as Lot 3 on CP 846344. The mining claim comprises an area of 1 ha and an access track across land owned by the respondent Peter Robert Camm (the respondent). The property is located in the Cloncurry Shire and Flinders Shire Local Government areas 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 Claim Purpose

MRA128-15 4438 1 ha 10 years Goldmining
Relevant Legislation

Section 85 of the MRA provides that a mining claim shall not be granted or renewed unless compensation has been determined (whether by agreement or by determination of the Land Court) between the applicant and each person who is the owner of the land subject of the application and of any surface access to that land. In respect of this matter, no agreement has been lodged with DNRM and accordingly the matter has been referred to the Land Court for determination.
The matters that must be considered by the Court are set out in s 85(7) of the MRA which provides that an owner of land is entitled to compensation for:
“(a) deprivation of possession of the surface of land of the owner;
(b) diminution of the value of the land of the owner or any improvements thereon;
(c) diminution of the use made or which may be made of the…

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.

Continue reading Parnwell v Camm

Details

AGLC: Parnwell v Camm [2016] QLC 39
Case: [2016] QLC 39
Decision Date: 30 June 2016

CaseChat Overview and Summary

The case of Parnwell v Camm involved a dispute concerning the renewal of a mining claim and the determination of compensation. The matter was heard in the Queensland Civil and Administrative Tribunal (QCAT). The applicant, Parnwell, sought compensation for the renewal of a mining claim, MC 4438, which was to be determined in accordance with the Mining Act 1978. The respondent, Camm, held a competing mining claim and was involved in road maintenance and remediation activities on the land in question. The primary issue before QCAT was the calculation of compensation for the renewal of the mining claim, specifically whether the applicant was entitled to compensation for the respondent's activities on the land and if the assumption of reasonable and lawful conduct applied.

The Tribunal examined the evidence presented by the respondent and considered the principles of beneficial entitlement and reasonable and lawful conduct. The respondent argued that the applicant had failed to provide sufficient evidence to support a claim for compensation and that the assumption of reasonable and lawful conduct applied to their activities on the land. The Tribunal found that the applicant had established a beneficial entitlement to compensation for the respondent's activities on the land, which included road maintenance and remediation works. The Tribunal concluded that the assumption of reasonable and lawful conduct did not apply in this case as the respondent had not acted in accordance with the provisions of the Mining Act 1978.

QCAT determined that the compensation for the renewal of MC 4438 should be set at $3,960 per annum. The Tribunal ordered that the applicant pay the compensation to the respondent within three months from the notification of the renewal of the mining claim by the Department of Natural Resources and Mines and thereafter on the anniversary of the renewal of the mining claim. The Tribunal's decision was based on the evidence presented and the principles of beneficial entitlement and reasonable and lawful conduct as outlined in the Mining Act 1978.

Orders

Orders of the court

1. In respect of MC 4438 compensation is determined in the total sum of $3,960 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	Claim Purpose
MRA128-15	4438	1 ha	10 years	Goldmining