Re Fisher

Case

[2009] QLC 141

25 September 2009


Details
AGLC Case Decision Date
Re Fisher [2009] QLC 141 [2009] QLC 141 25 September 2009

CaseChat Overview and Summary

Max Henry Fisher applied for a mining lease over land 45 km southwest of Lakeland to mine for slate. The application was made under section 245 of the Mineral Resources Act 1989. The application was lodged on 14 May 2007, and no objections were lodged before the closing date of 9 July 2009. The application was heard on the papers by the Judicial Registrar, Mr BR O'Connor. The Registrar had to determine whether the application complied with the statutory criteria set out in section 269(4) of the Act.

The Registrar considered the evidence provided by the applicant and the Mining Registrar. The Registrar was satisfied that the application complied with the provisions of the Act and that the area applied for was mineralised and appropriate for mining slate. The Registrar was also satisfied that the applicant had the necessary financial and technical capabilities to carry out the proposed mining operations and that there would be no adverse environmental impacts. The Registrar concluded that the proposed mining operation was an appropriate land use, and there was no evidence to suggest that the application should be refused.

Based on the evidence before him, the Registrar recommended to the Honourable the Minister for Mines and Energy that the Mining Lease be granted over the whole of the application area for the purpose and term sought by the applicant. The Registrar dispensed with a hearing of the application.

The Registrar recommended that Mining Lease No. 20550 be granted over the whole of the application area for a term of 10 years. The Registrar ordered that a hearing of the application be dispensed with.
Details

Areas of Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Standing

  • Statutory Interpretation

  • Administrative Discretion

  • Mineral Resources Act 1989

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