Re Brown

The matter before the court was an application for a mining lease by Barry James Brown, Richard Eric Slip, Jasmin White, and Brian Neil Hennessy for an opal mining operation in an area approximately 180 kilometres south-west of Blackall. The applicants sought a mining lease for a term of 10 years to mine for opal and establish a campsite. The application was lodged with the Mining Registrar at Winton on 23 March 2009, and no objections were lodged before the closing date for objections on 3 August 2009. The applicants requested that the matter be dealt with on the papers by a member sitting alone, and the court was satisfied that it could dispense with a hearing.

The court considered several legal issues in making its recommendation. Firstly, it needed to determine if the provisions of the Mineral Resources Act 1989 had been complied with. Secondly, the court had to consider whether the land applied for was mineralised or if the other purposes for which the lease was sought were appropriate. Additionally, the court had to assess if the land was of an appropriate size and shape, if the term sought was appropriate, and if the applicants had the necessary financial and technical capabilities to carry on mining operations. The court also had to consider if the proposed mining operation conformed to sound land use management and if there would be any adverse environmental impacts or prejudice to the public right and interest.

In its reasoning, the court considered the material supplied by the applicants and the Mining Registrar. The court found that the applicants had complied with the provisions of the Act, and the area was generally mineralised. The applicants proposed to mine the area with machinery and a mobile plant, which is common practice in the area, and there was no evidence to suggest that there would not be an acceptable level of development and utilisation of the mineral resources. The size and shape of the lease had been determined by the area of potential mineralisation, and there was no evidence to indicate that it was not appropriate. The applicants sought a term of 10 years, which is an appropriate term given that they have the option of surrender if mining and rehabilitation are completed before the term expires. The applicants had sufficient assets, including the mining equipment required, to undertake the proposed operation, and there was no evidence to suggest that their past performance had not been satisfactory. There were no other holders or applicants for exploration tenures who would be affected by the grant, and the draft environmental authority had been issued, requiring the applicants to comply with the standard environmental conditions contained in the Code of Environmental Compliance for Mining Lease Projects. The court found that there was no evidence before it that indicated public right and interest would be prejudiced.

Based on the evidence before it, the court recommended to the Honourable the Minister for Mines and Energy that the Mining Lease be granted over the whole of the application area for the purpose and term sought by the applicants. The applicants were to hold the lease in the following proportions: Barry James Brown (33%), Richard Eric Slip (17%), Jasmin White (17%) and Brian Neil Hennessy (33%). The court dispensed with a hearing of the application and ordered that the matter be dealt with on the papers by a member sitting alone.