Rajic v Mills

In the Land Court of Queensland, the matter of the determination of compensation payable by Mile Rajic to Shane Mills was heard. The case, identified as Rajic v Mills, revolves around the compensation required for a mining lease over land owned by Shane Mills. The mining lease in question is Lease 95600, applied for by Mile Rajic on 1 September 2008, with the lease term set for 10 years over an area of 22.137 hectares. The primary legal issue before the court was the determination of the appropriate compensation for the mining lease and the access required to the leased land.

The court was tasked with assessing the compensation under the provisions of the Mineral Resources Act 1989, specifically section 281. Given the absence of submissions from the miner, the court relied on the landowner’s submissions and the precedent set in the case of Re Wallace & Ors & Evans, to guide its determination. The court determined compensation for access at $5 per annum, amounting to $50, and for the land itself at $5 per hectare per annum, totaling $1,100 for the lease term. Additionally, under section 281(4)(e) of the Act, the court awarded an extra sum of $115. The total compensation determined was $1,265, which the miner was ordered to pay to the landholder within two months from the notification of the grant of the mining lease by the Mining Registrar.

The Judicial Registrar, BR O’Connor, concluded the hearing by ordering that Mile Rajic pay the total compensation of $1,265 to Shane Mills within the specified timeframe. This determination was made considering the statutory requirements and the absence of detailed submissions from the miner, which complicated the court’s task of accurately assessing the compensation. The court's decision adhered closely to established legal principles and precedent, ensuring a fair and legally sound outcome.