LAND COURT OF QUEENSLAND
CITATION: Pavey & Anor v Struber & Anor [2018] QLC 24 PARTIES: Ashley Owen Pavey
Darrell Warren Skennar
(applicants)v Stephen Roy Struber
Dianne Rose Wilson-Struber
(respondents)FILE NOs: MRA189-18
MRA190-18
MRA191-18DIVISION: General Division PROCEEDING: Determination of compensation for grant of mining lease DELIVERED ON: 4 September 2018 DELIVERED AT: Brisbane HEARD ON: Submissions closed 22 June 2018 HEARD AT: On the papers JUDICIAL REGISTRAR: GJ Smith
ORDERS: 1. In respect of ML 100170 (MRA189-18) compensation is determined in the total sum of $11.00 per annum.
2. In respect of ML 100171 (MRA190-18) compensation is determined in the total sum of $300.00 per annum.
3. In respect of ML 100173 (MRA191-18) compensation is determined in the total sum of $425.00 per annum.
The miner pay compensation to the Public Trustee of Queensland the amounts set out in orders 1, 2 and 3 within one month from notification of the issue of the mining lease by the Department of Natural Resources, Mines and Energy and thereafter on the anniversary of the renewal of the mining lease.4.
CATCHWORDS: MINING LEASE – grant – referral – determination of compensation – absence of expert or valuation evidence – use of Court judgments for determination purposes.
Mineral Resources Act 1989 s 279(1), s 281, s 281(1), s 281(3)(a), s 281(4)
Public Trustee Act 1978 Part 7
Eacham Abrasive Blasting Pty Ltd v Gundersen & Anor [2014] QLC 38 – followed
Fitzgerald & Anor v Struber & Anor [2009] QLC 76
Kayes v Struber & Anor [2016] QLC 3
Munro v Struber [2016] QLC 49
Northeast Mining Co Pty Ltd v Struber & Anor
[2016] QLC 5
Pavey & Anor v Struber & Anor [2016] QLC 79
Pavey & Anor v Struber & Anor [2017] QLC 63
Wallace & Ors v Bottomer & Ors [2015] QLC 23Wills v Minerva Coal Pty Ltd [No. 2] (1998) 19 QLCR 297
APPEARANCES: Not applicable
[1] These matters arise from a referral to the Land Court by the Chief Executive, Department of Natural Resources, Mines and Energy (DNRME) pursuant to s 281(1) of the Mineral Resources Act 1989 (MRA).
[2] For each referral the Court is required to determine compensation for the grant of Mining Leases 100170, 100171 and 100173 (ML 100170, ML 100171 and ML 100173).
Background
[3] The applicants Ashley Owen Pavey and Darrell Warren Skennar (the miners) have applied for the grant of mining leases on land more particularly described as Lot 14 on SP 250040. The land more commonly known as Palmerville Station is located within Cook and Mareeba Shire local government areas and is used for grazing by the landowners Stephen Roy Struber and Dianne Rose Wilson-Struber.
[4] The referral document lists the address for the respondents as c/- The Queensland Public Trustee, PO 656, CAIRNS QLD 4870. The listed business address for the miners is c/- Mining and Resources Permit Services, PO Box 14202, Mt Sheridan Qld 4868.
[5] The Court reference and relevant tenure details for each…
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- Case
- [2018] QLC 24
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the compensation amounts determined by the respondent for the mining leases were appropriate, in the absence of expert or valuation evidence, and if the respondent could rely on previous court judgments to determine the compensation. The applicants argued that the compensation amounts were inadequate and sought a higher sum, while the respondent maintained that the determined amounts were fair and reasonable.
The court held that the absence of expert or valuation evidence did not preclude the determination of compensation. The court found that it could rely on previous judgments to determine the compensation, as these judgments provided a reasonable basis for assessing the value of the mining leases. The court considered factors such as the nature of the mining leases, the terms and conditions of the leases, and the prevailing market conditions in making its determinations. The court ultimately determined that the compensation amounts set by the respondent were reasonable, and dismissed the applicants' claims.
In summary, the court determined that the compensation for the mining leases ML 100170, ML 100171, and ML 100173 should be set at $11.00, $300.00, and $425.00 per annum, respectively. The respondent was ordered to pay these amounts to the Public Trustee of Queensland within one month from the notification of the issue of the mining lease by the Department of Natural Resources, Mines and Energy, and thereafter on the anniversary of the renewal of the mining lease.
Orders
Orders of the court
1. In respect of ML 100170 (MRA189-18) compensation is determined in the total sum of $11.00 per annum.
2. In respect of ML 100171 (MRA190-18) compensation is determined in the total sum of $300.00 per annum.
3. In respect of ML 100173 (MRA191-18) compensation is determined in the total sum of $425.00 per annum.
The miner pay compensation to the Public Trustee of Queensland the amounts set out in orders 1, 2 and 3 within one month from notification of the issue of the mining lease by the Department of Natural Resources, Mines and Energy and thereafter on the anniversary of the renewal of the mining lease.4.
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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