Re Brampton

Trevor Barry Brampton made an application under section 245 of the Mineral Resources Act 1989 for a mining lease over 8.6401 hectares of land in the Winton area, for the purpose of opal mining. The application was lodged at the office of the Mining Registrar at Winton on 13 July 2007. No objection was lodged before the closing date for objections which was 23 September 2007. The Land Court was required to determine whether the application should be heard or could be dispensed with and, if it could be dispensed with, whether the mining lease should be granted.

The court found that all the preconditions to exercising its discretion to dispense with the hearing had been fulfilled. The court considered the criteria specified in section 269(4) of the Act, including whether the provisions of the Act had been complied with, whether the land applied for was mineralised or the purposes for which the lease was sought were appropriate, whether there would be an acceptable level of development and utilisation of the mineral resources within the area, whether the size and shape of the land was appropriate, whether the term sought was appropriate, whether the applicant had the necessary financial and technical capabilities, whether the applicant's past performance had been satisfactory, whether any disadvantage would result to holders of existing exploration permits or mineral development licences or existing applicants for exploration permits or mineral development licences, whether the operations to be carried on under the authority of the mining lease conformed with sound land use management, whether there would be any adverse environmental impacts, whether the public right and interest would be prejudiced, whether any good reason had been shown for a refusal to grant the mining lease, and whether the proposed mining operation was an appropriate land use. The court was satisfied that all of these criteria had been met and recommended that the mining lease be granted over the whole of the application area for the purposes and term sought by the applicant.

The court recommended that the mining lease be granted over the whole of the application area for the purposes and term sought by the applicant.