Re Collins
Case
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[2009] QLC 116
•4 August 2009
Details
AGLC
Case
Decision Date
Re Collins [2009] QLC 116
[2009] QLC 116
4 August 2009
CaseChat Overview and Summary
Michael Dowse Collins applied under the Mineral Resources Act 1989 for a mining lease over land 70 km north north-west of Dimbulah for the purpose of mining for silver, gold tin, tantalum, tantalite, wolfram, scheelite, platinum, and living quarters, camp, workshop, machinery, storage, and water supply for a term of 10 years. The application was lodged on 17 December 2007 and no objection was lodged before the closing date for objections on 22 May 2009. The applicant requested that the matter be dealt with on the papers by a member sitting alone.
The court had to consider whether the application complied with the Act, if the land was mineralised or if the other purposes were appropriate, if the mineral resources would be developed and utilised appropriately, if the size and shape of the land were appropriate, if the term sought was appropriate, if the applicant had the necessary financial and technical capabilities, if the applicant's past performance was satisfactory, if there would be any disadvantage to holders of existing exploration permits or mineral development licences, if the operations would conform to sound land use management, if there would be any adverse environmental impacts, if the public right and interest would be prejudiced, if there was any good reason to refuse the mining lease, and if the proposed mining operation was an appropriate land use.
The court was satisfied that the provisions of the Act had been complied with, the land was mineralised and the other purposes were appropriate, the mineral resources would be developed and utilised appropriately, the size and shape of the land were appropriate, the term sought was appropriate, the applicant had the necessary financial and technical capabilities, the applicant's past performance was satisfactory, there would be no disadvantage to holders of existing exploration permits or mineral development licences, the operations would conform to sound land use management, there would be no adverse environmental impacts, the public right and interest would not be prejudiced, there was no good reason to refuse the mining lease, and the proposed mining operation was an appropriate land use. The court recommended that the mining lease be granted over the whole of the application area for the purpose and term sought by the applicant.
The court ordered that the hearing of the application be dispensed with and recommended to the Minister for Mines and Energy that Mining Lease No. 20581 be granted over the whole of the application area for a term of 10 years.
The court had to consider whether the application complied with the Act, if the land was mineralised or if the other purposes were appropriate, if the mineral resources would be developed and utilised appropriately, if the size and shape of the land were appropriate, if the term sought was appropriate, if the applicant had the necessary financial and technical capabilities, if the applicant's past performance was satisfactory, if there would be any disadvantage to holders of existing exploration permits or mineral development licences, if the operations would conform to sound land use management, if there would be any adverse environmental impacts, if the public right and interest would be prejudiced, if there was any good reason to refuse the mining lease, and if the proposed mining operation was an appropriate land use.
The court was satisfied that the provisions of the Act had been complied with, the land was mineralised and the other purposes were appropriate, the mineral resources would be developed and utilised appropriately, the size and shape of the land were appropriate, the term sought was appropriate, the applicant had the necessary financial and technical capabilities, the applicant's past performance was satisfactory, there would be no disadvantage to holders of existing exploration permits or mineral development licences, the operations would conform to sound land use management, there would be no adverse environmental impacts, the public right and interest would not be prejudiced, there was no good reason to refuse the mining lease, and the proposed mining operation was an appropriate land use. The court recommended that the mining lease be granted over the whole of the application area for the purpose and term sought by the applicant.
The court ordered that the hearing of the application be dispensed with and recommended to the Minister for Mines and Energy that Mining Lease No. 20581 be granted over the whole of the application area for a term of 10 years.
Details
Key Legal Topics
Areas of Law
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Administrative Law
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Property Law
Legal Concepts
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Standing
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Jurisdiction
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Limitation Periods
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Res Judicata
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Unjust Enrichment
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Equitable Estoppel
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Citations
Re Collins [2009] QLC 116
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