Pryce v Struber - [2016] QLC 1

LAND COURT OF QUEENSLAND

CITATION: Pryce v Struber & Anor [2016] QLC 1

PARTIES: Malcolm Scott Pryce
(applicant)

v

Stephen Struber and Dianne Wilson-Struber
(respondents)

FILE NO:

MRA029-15

PROCEEDINGS: Determination of compensation payable for grant of mining leases.

DELIVERED ON: 14 January 2016

DELIVERED AT: Brisbane

HEARD ON: Submissions closed 30 November 2015

HEARD AT: Heard on the papers

JUDICIAL REGISTRAR:
G J Smith

ORDERS:
1. In respect of ML 20719 compensation is determined in the total sum of $1130.00 per annum.

2. The miner pay compensation to the Public Trustee of Queensland on behalf of the landowners the amount set out in order 1 within two months from notification of the issue of the mining lease by the Department of Natural Resources and Mines and thereafter on the anniversary of the renewal of the mining lease.

CATCHWORDS:
MINING LEASE – grant – access – determination of compensation – use of Court judgments for determination purposes.

Mineral Resources Act 1989, ss 279, 281
Public Trustee Act 1978 Part 7

Aurelius v Terry [2010] QLC 0010

Eacham Abrasive Blasting Pty Ltd v Gundersen & Anor [2014] QLC 38
Fitzgerald & Anor v Struber & Ors [2014] QLC 0029

Fitzgerald & Anor v Struber & Anor [2009] QLC 0076

Kelly v Struber & Ors [2012] QLC 0074

Palmer River Pty Ltd v Kingsley [2011] QLC 0019
Pryce v Struber [2013] QLC 32

Saxby v Struber & Ors [2012] QLC 0049
Unimin Australia Limited v Freeman [2007] QLC 76

Vaughan v Struber [2007] QLC 80

Wallace & Ors v Bottomer & Ors [2015] QLC 23

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

APPEARANCES:

Not applicable

These proceedings concern a referral to the Land Court by the Chief Executive, Department of Natural Resources and Mines pursuant to s 279(5) of the Mineral Resources Act 1989 (MRA) for the determination of compensation in respect of the grant of mining lease 20719. The referral was filed in the Land Court on 20 January 2015.

Background

The applicant, Malcolm Scott Pryce, (the miner) seeks the grant of mining lease ML 20719. The Mining Lease Area of 94.3914 ha and a 28 km access track is situated on land described as Lot 14 on SP250040. This property, known as the Palmerville Station, is owned by the respondents Stephen Struber and Dianne Wilson Struber (the landowners).
The property is located in the Cook Shire Local Government area and is used for grazing purposes.
The specific Land Court references and individual lease and tenure details are set out as follows:

Court Reference Tenure ID Area Term Lease Purpose

MRA029-15 20719 94.3914 ha 15 years Goldmining

On 29 September 2014 a Certificate of Application for Mining Lease 20719 was issued by the Mining Registrar at Mareeba.

Relevant Legislation

Section 279 of the MRA provides that a mining lease shall not be granted or renewed unless an agreement in relation to compensation has been filed or, in the absence of such an agreement, a determination of compensation has…

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 Pryce v Struber

Details

AGLC: Pryce v Struber [2016] QLC 1
Case: [2016] QLC 1
Decision Date: 14 January 2016

CaseChat Overview and Summary

The dispute between the miner and the landowners centred on the valuation of compensation for the granting of a mining lease. The matter was heard in the Queensland Supreme Court. The central issue for the court was the determination of the compensation payable to the landowners for the granting of a mining lease, specifically the annual compensation amount under the Mining Act 1978.

The court was required to interpret the relevant provisions of the Mining Act and determine the appropriate annual compensation payable. This involved considering the use of previous court judgments in similar matters to determine a fair compensation amount. The court found that the compensation should be set at $1130.00 per annum, based on the precedent set in earlier judgments.

The court held that the compensation should be paid to the Public Trustee of Queensland on behalf of the landowners. This payment is to be made within two months of the mining lease being issued by the Department of Natural Resources and Mines, and subsequently on the anniversary of the renewal of the mining lease. The court's decision was based on a careful consideration of the relevant legislation and previous judicial decisions.

Orders

Orders of the court

1. In respect of ML 20719 compensation is determined in the total sum of $1130.00 per annum.

2. The miner pay compensation to the Public Trustee of Queensland on behalf of the landowners the amount set out in order 1 within two months from notification of the issue of the mining lease by the Department of Natural Resources and Mines 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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Court Reference	Tenure ID	Area	Term	Lease Purpose
MRA029-15	20719	94.3914 ha	15 years	Goldmining