Re Fisher

This case involves an application by Max Henry Fisher for a mining lease under the Mineral Resources Act 1989 over land approximately 60 km south-west of Lakeland for the purpose of mining for gold, silver, tin, slate, and zircon, as well as the establishment of a settling dam, for a term of 20 years. The application was submitted to the Mining Registrar on 21 June 2007, and no objections were raised before the deadline of 9 July 2009. The Land Court of Queensland, presided over by Mr BR O’Connor, Judicial Registrar, considered the application on the papers and recommended the granting of the mining lease.

The court was required to determine whether the provisions of the Mineral Resources Act 1989 had been complied with, whether the land applied for was mineralised or if the purposes for which the lease was sought were appropriate, and whether the applicant had the necessary financial and technical capabilities to carry out the proposed mining operations. Additionally, the court had to assess whether the proposed mining operations would result in any adverse environmental impacts, prejudice public rights and interests, or be an appropriate land use.

In its reasoning, the court noted that the Registrar had issued a Certificate of Application, indicating compliance with the Act. The court was satisfied that the area was mineralised, with a history of producing the minerals in question. The applicant proposed to use common machinery and mobile plant, suggesting an acceptable level of development and utilisation. The court found that the lease size and shape were appropriate, and the 20-year term was suitable. The applicant had the necessary financial and technical resources, and there were no objections or adverse impacts identified. The court concluded that the proposed mining operation was an appropriate land use.

The court recommended that the Honourable the Minister for Mines and Energy grant Mining Lease No. 20551 over the entire application area for the purposes and term sought by the applicant. The Registrar ordered that a hearing be dispensed with, and the application was to be dealt with on the papers by a member sitting alone.