Re Coleing

Matthew Byron Coleing and Leslie Carl Coleing applied for a mining lease over approximately 55 km northwest of Mount Carbine under section 245 of the Mineral Resources Act 1989. The application was made to explore and mine for gold, silver, rare earths, mineral sands, and tin, and to establish living quarters. The applicants sought a lease for 10 years. The application was heard by the Land Court of Queensland, with Mr. BR O'Connor, Judicial Registrar presiding. The court was tasked with determining whether the application complied with the relevant statutory provisions and whether the grant of the mining lease would be in the public interest, considering various criteria.

The court considered the criteria set out in section 269(4) of the Mineral Resources Act 1989. The Registrar was satisfied that the applicants had complied with the Act's provisions, including marking out, notification, and service of documents. The area in question was deemed mineralised, suitable for the proposed mining activities, and the lease boundaries were appropriate. The applicants proposed to use an excavator for open-cut mining, which is a common practice in the area. The 10-year term was considered appropriate, given the ongoing nature of the mining project, with the option for surrender if mining and rehabilitation are completed before the term expires. The applicants demonstrated sufficient financial and technical capabilities to undertake the proposed operations. No evidence suggested that the applicants' past performance was unsatisfactory, and there were no existing exploration permits or mineral development licences that would be affected by the grant. The proposed activities conformed to sound land use management and did not prejudice public rights or interests. Based on the evidence, the Registrar concluded that the proposed mining operation was an appropriate land use.

In light of the evidence and the criteria outlined above, the Registrar recommended that the Honourable the Minister for Mines and Energy grant the Mining Lease No. 20401 over the whole of the application area for the purpose and term sought by the applicants. The court also ordered that a hearing be dispensed with as the application was dealt with on the papers.