Re Ellis

Raymond Kenneth Ellis and Paul David Ellis lodged an application for a mining lease over land in Queensland under s.245 of the Mineral Resources Act 1989. The application sought a lease for a period of 10 years for the purpose of mining gold, andalusite/sillimanite, iron ore, ilmenite/leucoxene, monazite, rutile, tin ore, and zircon. No objections were lodged within the stipulated period. The court was required to determine whether the application complied with the relevant provisions of the Act and to consider the criteria outlined in s.269(4) of the Act, including whether the land was mineralised, the proposed mining activities would be appropriately developed and utilised, the size and shape of the area was suitable, the term of the lease was appropriate, the applicants had the necessary financial and technical capabilities, their past performance was satisfactory, and whether the grant of the lease would cause any disadvantage to existing exploration permit or mineral development licence holders, or result in adverse environmental impacts or prejudice to public rights and interests. The court also had to assess if the proposed mining operation was an appropriate land use.

The court found that the application complied with the Act and met all the criteria in s.269(4). The Registrar had issued a Certificate of Application, indicating the applicants were eligible and had complied with the Act's requirements. The area was known for the production of the sought minerals and was deemed mineralised. The applicants proposed to use machinery and mobile plants, which were common practices in the area, and there was no evidence suggesting the development and utilisation of the mineral resources would be unacceptable. The size and shape of the lease area were determined by the potential mineralisation and were deemed appropriate. The 10-year term was considered appropriate, as the applicants could surrender the lease if mining and rehabilitation were completed before the term expired. The applicants had the necessary financial and technical capabilities to undertake the proposed operation. There was no evidence to suggest the applicants' past performance was unsatisfactory, and no other holders or applicants for exploration tenures would be affected by the grant. The current land use was grazing, and the draft environmental authority was issued, requiring the applicants to comply with the standard environmental conditions contained in the Code of Environmental Compliance for Mining Lease Projects. There were no public infrastructures on the area applied for, and there was no evidence to indicate public rights and interests would be prejudiced. The proposed mining operation was deemed an appropriate land use.

The court recommended that the Honourable the Minister for Mines and Energy grant the Mining Lease over the whole of the application area for the purpose and term sought by the applicant. The court also dispensed with a hearing and ordered that the matter be dealt with on the papers by a member sitting alone.