Re Fitzgerald

Cheryl May Fitzgerald applied for a mining lease over certain land to mine for gold, silver, and related infrastructure. The application was originally lodged by Raymond Michael Fitzgerald, but was later assigned to Cheryl May Fitzgerald. No objections were lodged to the application, and the Land Court could not entertain any objections or consider evidence from the landholders. The landholders were given an opportunity to submit any applications or submissions but did not do so. The Court determined that it was appropriate to proceed with the application without objection and granted the applicant's request to dispense with a hearing.

The Court considered the criteria specified in s. 269(4) of the Mineral Resources Act 1989 and found that the application complied with the provisions of the Act, the land was mineralised and suitable for the proposed mining operations, the applicant had the financial and technical capabilities to carry out the operations, and there would be no adverse environmental impacts or prejudice to public rights and interests. The Court also noted that the proposed mining operation was an appropriate land use and that the access to the mining lease had been reduced to 10 metres wide.

In light of the evidence and criteria, the Court recommended to the Honourable the Minister for Natural Resources, Mines and Energy and Minister for Trade that Mining Lease No. 20418 be granted over the application area for the purpose and term sought by the applicant, with the access as amended by the applicant, subject to the future Act provisions of the Native Title Act 1993. The Court made no orders regarding costs.