Pavey & Anor v Struber & Anor

LAND COURT OF QUEENSLAND

CITATION:

Pavey & Anor v Struber & Anor [2016] QLC 79

PARTIES:

Ashley Owen Pavey & Darrell Warren Skennar
(applicants)

v

Stephen Roy Struber & Dianne Rose Wilson-Struber
(respondents)

FILE NOs:

MRA1088-16
MRA1089-16

MRA1090-16

DIVISION:

General Division

PROCEEDING:

Determination of compensation for grant of mining lease

DELIVERED ON:

14 December 2016

DELIVERED AT:

Brisbane

HEARD ON:

Submissions closed 9 December 2016

HEARD AT:

On the papers

JUDICIAL REGISTRAR:

GJ Smith

ORDERS:

1.     In respect of ML 100095 compensation is determined in an amount of $171.00 per annum.

2.     In respect of ML 100086 compensation is determined in an amount of $374.00 per annum.

3.     In respect of ML 100093 compensation is determined in an amount of $187.00 per annum.

4.     The miners pay compensation to the Public Trustee of Queensland on behalf of the landowners the amounts set out in orders 1, 2 and 3 within three months from notification of the issue of the mining lease by the Department of Natural Resources and Mines and on the anniversary of the grant of each lease.

CATCHWORDS:

MINING LEASE – referral – grant – determination of   compensation – absence of expert or valuation evidence – use of Court judgments for determination purposes – Public Trustee of Queensland

Mineral Resources Act 1989 s 281

Public Trustee Act 1978 Part 7

Fitzgerald & Ors v Struber & Anor [2009] QLC 76

Kayes v Struber & Anor [2016] QLC 3

Northeast Mining Co Pty Ltd v Struber & Anor

[2016] QLC 5

Munro & Anor v Struber & Anor[2016] QLC 49

Wills v Minerva Coal Pty Ltd [No.2] (1998) 19 QLCR 297

APPEARANCES:

Not applicable

1. These proceedings concern a referral to the Land Court by the Chief Executive, Department of Natural Resources and Mines (DNRM) pursuant to s 281(1) of the Mineral Resources Act 1989 (MRA) for the determination of compensation in respect of the grant of Mining Leases  ML 100086, ML 100093 and ML 100095.

Background

1. The applicants, Ashley Owen Pavey and Darrell Warren Skennar (the miners) seek the grant of mining leases and access upon land described as Lot 14 on SP250040.  This land in more commonly known as Palmerville Station and is owned by the respondents Stephen Struber and Dianne Wilson-Struber (the landowners). 

2. Palmerville Station is located in 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	Mining Area	Access Area	Term	Lease Purpose
MRA1088-16	ML 100095	14.86 ha	0.8 ha	12 years	Gold – Tin
MRA1089-16	ML 100086	28.49 ha	9.5 ha	10 years	Gold – Tin
MRA1090-16	ML 100093	8.853 ha	15.4 ha	10 years	Gold – Tin

1. The landowners are currently serving a period of imprisonment and consequently the referral documents list the address for the respondents as:

   QUEENSLAND PUBLIC TRUSTEE
             PO BOX 656

   CAIRNS QLD 4870

Relevant Legislation

1. Section 279 of the MRA provides that a mining lease shall not be granted…