LAND COURT OF QUEENSLAND
CITATION: Plethora Pty Ltd v Struber & Anor [2018] QLC 26 PARTIES: Plethora Pty Ltd
(applicant)v Stephen Roy Struber
Dianne Rose Wilson-Struber
(respondents)FILE NOs: MRA183-18
MRA184-18
MRA185-18
MRA186-18DIVISION: General Division PROCEEDING: Determination of compensation for grant of mining lease DELIVERED ON: 6 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 100163 (MRA183-18) compensation is determined in the amount of $845.00 per annum.
2. In respect of ML 100164 (MRA184-18) compensation is determined in the amount of $495.00 per annum.
3. In respect of ML 100165 (MRA185-18) compensation is determined in the amount of $615.00 per annum.
4. In respect of ML 100166 (MRA186-18) compensation is determined in the amount of $540.00 per annum.
5. The miner pay compensation to the Public Trustee of Queensland the amounts set out in orders 1, 2, 3 and 4 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.
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 281(1)
Public Trustee Act 1978 Part 7
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: No applicable
The following table records four referrals 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):
| Court Reference | Tenure ID | Area | Term | Mineral |
| MRA183-18 | ML 100163 | Mining – 73.46 ha Access – 4.9 ha | 15 years | Gold |
| MRA184-18 | ML 100164 | Mining – 42.07 ha Access – 3.9 ha | 15 years | Gold |
| MRA185-18 | ML 100165 | Mining – 52.29 ha Access – 4.2 ha | 15 years | Gold |
| MRA186-18 | ML 100166 | Mining – 46.44 ha Access – 3.3 ha | 15 years | Gold |
In each matter the Court is required to determine compensation in respect of the grant of each mining lease. The applicant, Plethora Pty Ltd (the miner) has applied for the grant and the referral document lists the business address as C/- Mining and Resources Permit Services, PO Box 14202, Mt Sheridan Qld 4868.
Background
The subject land, known as Palmerville Station is situated approximately 9.5 km west south-west of Maytown within the Cook Shire local government area and the Mareeba mining district. The land more particularly described as Lot 14 on SP250040…
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- AGLC
- Plethora Pty Ltd v Struber & Anor [2018] QLC 26
- Case
- [2018] QLC 26
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court addressed was how to determine the compensation for the mining leases when there was no expert evidence or valuation provided. The court had to consider whether it was appropriate to use past court judgments to determine the compensation. The court also had to determine the appropriate compensation amount for each of the mining leases in question.
In delivering the judgment, the court noted that while it was preferable to have expert or valuation evidence, the absence of such evidence did not preclude the court from making a determination. The court found that it was appropriate to use previous court judgments as a guide in determining the compensation. The court carefully considered the relevant factors and the evidence presented to arrive at a determination for each mining lease. The court found that the compensation for ML 100163 was $845.00 per annum, for ML 100164 was $495.00 per annum, for ML 100165 was $615.00 per annum, and for ML 100166 was $540.00 per annum.
The court made an order that the compensation for the mining leases be paid to the Public Trustee of Queensland within one month from 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. The court's decision provides guidance for future cases where expert or valuation evidence is not available, and highlights the importance of considering relevant factors and evidence in making a determination of compensation.
Orders
Orders of the court
1. In respect of ML 100163 (MRA183-18) compensation is determined in the amount of $845.00 per annum.
2. In respect of ML 100164 (MRA184-18) compensation is determined in the amount of $495.00 per annum.
3. In respect of ML 100165 (MRA185-18) compensation is determined in the amount of $615.00 per annum.
4. In respect of ML 100166 (MRA186-18) compensation is determined in the amount of $540.00 per annum.
5. The miner pay compensation to the Public Trustee of Queensland the amounts set out in orders 1, 2, 3 and 4 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.
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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