Re Donovan & Struber
[2009] QLC 31
•20 February 2009
LAND COURT OF QUEENSLAND
CITATION: Re Donovan & Struber & Anor [2009] QLC 0031
PARTIES:In the matter of Mining Lease No 20461 – Determination of compensation payable by Colleen Anne Donovan to Stephen Roy Struber and DR Wilson-Struber
FILE NO:MLC00148/2008
PROCEEDING: Application for determination of compensation
DELIVERED ON: 20 February 2009
DELIVERED AT: Brisbane
MEMBER:Mr BR O’Connor, Judicial Registrar
ORDER/S:1. Compensation determined at $140.
2.The miner pay the total compensation of $140 to the landholders within two months from notification of the renewal of the mining lease by the Mining Registrar.
CATCHWORDS: MINING LEASE – DETERMINATION OF COMPENSATION
Mineral Resources Act 1989, s.281
Re Wallace & Ors & Evans [2006] QLRT 93, applied
APPEARANCES: Not applicable – Heard on the Papers
Background
Colleen Anne Donovan (the miner) has lodged an application for mining lease ML 20461 with the Mining Registrar at Mareeba on 22 December 2004 for a term of 25 years.
This determination of compensation relates to access to the mining lease which includes access over a property owned by Stephen Roy Struber and DR Wilson-Struber (the landowners).
On 9 September 2008 the Tribunal sent letters to the miner and the landowners bringing the referral of this matter to the Court by the Mining Registrar to their attention, and advising them of their obligations under Court Practice Direction. Timeframes for the submission of relevant material were provided to each party. Neither landowner or miner have made submissions to the Court. The landholders conduct low intensity grazing; no grazing land will be impacted on by the road usage; and any upgrading work on the access route undertaken by the miner will improve and not diminish the value of the land. Details of the length of access road have not been provided.
It is not an uncommon occurrence for either or both parties in a compensation matter before the Court to fail to comply with Practice Direction. The absence of detailed, or any, compensation evidence clearly makes the task of the Court in determining compensation difficult. In the circumstances, I adopt the analysis of the legislative provisions, compensation principles and methodology applied by Mining Referee Windridge in Re Wallace & Ors & Evans [2006] QLRT 93.
Determination
Taking into account all heads of compensation in subsection 3 of section 281 of the Mineral Resources Act 1989 (the Act), and absent any details of the area of land required for access, I assess compensation for access in the minimal sum of $5 per annum for the term of the lease, which equates to $125. Pursuant to s.281(4)(e) of the Act, I award the additional sum of $15.
Taking all relevant factors into account, I order that the miner pay the total compensation of $140 to the landholders within two months from notification of the renewal of the mining lease by the Mining Registrar.
BR O’CONNOR
JUDICIAL REGISTRAR
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