Re Barlow

This case involved an application for a mining lease by Jeffrey Barlow, Stewart Barlow, Robert Barlow, and Elaine Barlow under Section 245 of the Mineral Resources Act 1989. The applicants sought a mining lease for silica sand and foundry sand extraction and the establishment of a treatment site and stockpiling, over land approximately 31 kilometres north-east of Rockhampton, for a term of 20 years. The application was lodged on 28 July 2008, with no objections received before the closing date of 25 August 2008.

The Judicial Registrar was required to decide whether the application complied with the provisions of the Mineral Resources Act 1989 and whether the criteria specified in Section 269(4) were met. These criteria included whether the land was mineralised, if there would be acceptable development and utilisation of the mineral resources, the size and shape of the land, the term of the lease, the applicants' financial and technical capabilities, their past performance, any potential disadvantages to existing exploration permit or mineral development licence holders, compliance with land use management, potential environmental impacts, prejudice to public rights and interests, and whether there was good reason to refuse the lease. The Registrar also had to consider if the proposed mining operation was an appropriate land use.

The Registrar found that the application complied with the provisions of the Act, the land was mineralised, and there was no evidence to suggest that there would not be acceptable development and utilisation of the mineral resources. The size and shape of the land, the term of the lease, the applicants' financial and technical capabilities, and their past performance were all deemed appropriate. There were no other exploration permit or mineral development licence holders affected, and the operations would conform to sound land use management. The environmental impacts were considered in the draft environmental authority, and there was no evidence to suggest that public rights and interests would be prejudiced. The proposed mining operation was found to be an appropriate land use.

Based on the evidence and the criteria outlined in Section 269(4), the Judicial Registrar recommended that the Honourable the Minister for Mines and Energy grant the mining lease over the whole of the application area for the purpose and term sought by the applicants. The Registrar dispensed with a hearing and ordered that the matter be dealt with on the papers by a member sitting alone.