Rajic v Mills

[2009] QLC 149

LAND COURT OF QUEENSLAND

CITATION:  Rajic v Mills [2009] QLC 0149

PARTIES:In the matter of Mining Lease No 95600 – Determination of compensation payable by Mile Rajic to Shane Mills

FILE NO:MRA205-09

PROCEEDING:  Application for determination of compensation

DELIVERED ON:                  7 October 2009

DELIVERED AT:                   Brisbane

MEMBER:Mr BR O’Connor, Judicial Registrar

ORDERS:1.      Compensation determined at $1,265.

2.    The miner pay the total compensation of $1,265 to the landholder within two months from notification of the grant of the mining lease by the Mining Registrar.

CATCHWORDS:                  MINING LEASE – DETERMINATION OF COMPENSATION

Mineral Resources Act 1989, s. 281

Re Wallace & Ors & Evans [2006] QLRT 93, applied

APPEARANCES:                  Not applicable – Heard on the Papers

Background

1. Mile Rajic (the miner) has made application with the Mining Registrar at Winton for Mining Lease 95600 on 1 September 2008. The term applied for is 10 years over an area of 22.137 ha (rounded to 22 ha).

2. This determination of compensation relates to access to the mining lease and the mining lease itself over a property owned by Shane Mills.

Court Practice Direction

1. On 29 May 2009 the Court sent letter to the miner and the landholder bringing the referral of this matter to the Court by the Mining Registrar to their attention and advising them of their obligations under Court Practice Direction. Timeframes for the submission of relevant material were provided to each party. The landholder has made submissions to the Court. The miner has made no submissions.

2. It is not an uncommon occurrence for either or both parties in a compensation matter before the Court to fail to comply with Court Practice Direction. The absence of detailed, or any, compensation evidence clearly makes the task of the Court in determining compensation difficult. In the circumstances, I adopt the analysis of the legislative provisions, compensation principles and methodology applied by Mining Referee Windridge in Wallace & Ors & Evans.[1]

   [1]     [2006] QLRT 93.

Determination

1. Taking into account all heads of compensation in subsection 3 of s.281 of the Mineral Resources Act 1989 (the Act) and absent details of the area of land required for access and taking into account the landowner’s submissions, I assess compensation for access in the sum of $5 per annum which equates to $50. I assess compensation for the land the subject of the mining lease at $5 per ha per annum for the term of the lease, which equates to $1,100. Pursuant to s.281(4)(e) of the Act, I award the additional sum of $115.

2. Taking all relevant factors into account, I order that the miner pay the total compensation of $1,265 to the landholder within two months from notification of the grant of the mining lease by the Mining Registrar.

BR O'CONNOR

JUDICIAL REGISTRAR