Re Fisher
Case
•
[2009] QLC 144
•25 September 2009
Details
AGLC
Case
Decision Date
Re Fisher [2009] QLC 144
[2009] QLC 144
25 September 2009
CaseChat Overview and Summary
Max Henry Fisher has applied for a mining lease over a specified area 55 km south-west of Lakeland for the purpose of mining for gold and silver and the establishment of a water supply for a term of 10 years. The application was lodged under section 245 of the Mineral Resources Act 1989 and was considered by the Judicial Registrar, Mr BR O’Connor, on the papers. The Registrar was required to decide whether the application should be granted and, if so, for what term.
The Registrar considered the criteria specified in section 269(4) of the Act, including whether the provisions of the Act had been complied with, whether the land was mineralised or the purposes for which the lease was sought were appropriate, whether there would be an acceptable level of development and utilisation of the mineral resources, whether the size and shape of the land was appropriate, whether the term sought was appropriate, and whether the applicant had the necessary financial and technical capabilities to carry on mining operations. The Registrar also considered whether the operations to be carried on under the authority of the mining lease conformed to sound land use management, whether there would be any adverse environmental impacts, whether the public right and interest would be prejudiced, whether any good reason had been shown for a refusal to grant the mining lease, and whether the proposed mining operation was an appropriate land use.
The Registrar found that the provisions of the Act had been complied with, that the land was generally mineralised, that there would be an acceptable level of development and utilisation of the mineral resources, that the size and shape of the land was appropriate, that the term sought was appropriate, and that the applicant had the necessary financial and technical capabilities to carry on mining operations. The Registrar also found that the operations to be carried on under the authority of the mining lease conformed to sound land use management, that there would be no adverse environmental impacts, that the public right and interest would not be prejudiced, that there was no good reason to refuse the application, and that the proposed mining operation was an appropriate land use.
The Registrar recommends 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 Registrar also orders that a hearing of this application be dispensed with.
The Registrar considered the criteria specified in section 269(4) of the Act, including whether the provisions of the Act had been complied with, whether the land was mineralised or the purposes for which the lease was sought were appropriate, whether there would be an acceptable level of development and utilisation of the mineral resources, whether the size and shape of the land was appropriate, whether the term sought was appropriate, and whether the applicant had the necessary financial and technical capabilities to carry on mining operations. The Registrar also considered whether the operations to be carried on under the authority of the mining lease conformed to sound land use management, whether there would be any adverse environmental impacts, whether the public right and interest would be prejudiced, whether any good reason had been shown for a refusal to grant the mining lease, and whether the proposed mining operation was an appropriate land use.
The Registrar found that the provisions of the Act had been complied with, that the land was generally mineralised, that there would be an acceptable level of development and utilisation of the mineral resources, that the size and shape of the land was appropriate, that the term sought was appropriate, and that the applicant had the necessary financial and technical capabilities to carry on mining operations. The Registrar also found that the operations to be carried on under the authority of the mining lease conformed to sound land use management, that there would be no adverse environmental impacts, that the public right and interest would not be prejudiced, that there was no good reason to refuse the application, and that the proposed mining operation was an appropriate land use.
The Registrar recommends 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 Registrar also orders that a hearing of this application be dispensed with.
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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Jurisdiction
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Statutory Interpretation
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Mineral Rights
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Environmental Compliance
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Land Use Management
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Citations
Re Fisher [2009] QLC 144
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