Re Adam

Noel Alexander Adam applied for a mining lease under the Mineral Resources Act 1989 for 4.00 ha of land on Lot 1 on OL22/211, located approximately 8.5 km south-east of Irvinebank. The application was lodged on 6 November 2002, and an objection was filed by the Herberton Shire Council. The court was required to decide whether the application should be recommended for approval by the Minister for Mines and Energy, considering the statutory criteria under s. 269(4) of the Act.

The court considered the criteria for granting a mining lease as outlined in s. 269(4) of the Act. The court found that the applicant had complied with the Act, including the mandatory requirements of s. 260(4) to serve the objection on the applicant. The objection was struck out for non-compliance with the statutory requirements. The court was satisfied that the land was mineralised, the proposed mining methods were appropriate, and the term sought was reasonable. The applicant had the necessary financial and technical capabilities and a satisfactory past performance. The proposed mining operation conformed with sound land use management, and there were no adverse environmental impacts. The public right and interest would not be prejudiced, and there was no good reason to refuse the application.

The court recommended to the Minister for Mines and Energy that the Mining Lease be granted over the whole of the application area for the purposes and term sought by the applicant. The recommendation was made on 4 July 2008, and the prior recommendation of 1 February 2008 was revoked. The objection was struck out, and the application was recommended for approval.

The final orders of the court were that the prior recommendation of 1 February 2008 is revoked, the objection is struck out, and the application is recommended for approval to the Minister for Mines and Energy. The applicant was recommended to confer with the local authority to ensure the road is fit for purpose, satisfactorily maintained, and that the rights and safety of other public road users are protected.