Re Foster
[2008] QLC 139
•8 July 2008
LAND COURT OF QUEENSLAND
CITATION: Re Foster & Anor [2008] QLC0139
PARTIES:In the matter of Application for Mining Lease No 20414 by Stuart Valentine Foster (40%) and Mayra Eugenia Foster (60%)
FILE NO:AML00097/2008
PROCEEDING: Application for mining lease
DELIVERED ON: 8 July 2008
DELIVERED AT: Brisbane
MEMBER:Mr FW Windridge, Judicial Registrar
ORDER/S:1. Hearing dispensed with.
2. I recommend to the Honourable the Minister for Mines and Energy that the application be granted.
CATCHWORDS: MINING – MINING LEASE – RECOMMENDATION
Mineral Resources Act1989 ss 245, 269(4), 270(1)
APPEARANCES: Not applicable – Heard on the Papers
WINDRIDGE JR: This is an application by Stuart Valentine Foster (40%) and Mayra Eugenia Foster (60%) under s. 245 of the Mineral Resources Act 1989 (“the Act”) for a mining lease over 3.6895 ha of land on Lot 62 on CWL3204, located 15 km north north east of Innot Hot Springs. Access is off a public road. The application was lodged at the office of the Mining Registrar at Mareeba on 7 November 2003.
Request to dispense with a hearing - Section 270
I may dispense with a hearing if satisfied as to matters specified in s. 270(1). For reasons that follow at paragraph [4], I am satisfied that the provisions of part 7 of the act have been complied with in respect of the application. There were no objections to this application. It appears there is no restricted land in the area the subject of the application. I am satisfied that the preconditions to exercising my discretion to dispense with the hearing have been fulfilled. The material supplied by the applicant and the Mining Registrar addresses each of the criteria that I must consider in making my recommendation on this application. I am satisfied that there is sufficient information before me to properly consider this matter. Accordingly, I order that a hearing of this application be dispensed with.
Section 269(4) criteria
In taking account of and considering the criteria specified in s. 269(4), I have relied upon the Additional Information and Statutory Declaration sworn by the applicants and provided by the Mining Registrar to this Tribunal and the Mining Registrar’s Report in relation to this application.
Section 269(4)(a) – Have the provisions of the Act been complied with?
A Certificate of Application was issued by the Registrar on 18 June 2004 which can only be done if the Registrar is satisfied that the applicants are eligible to apply for the mining lease and have complied with the requirements of the Act. The applicants have a negotiated compensation agreement with the landowners.
Section 269(4)(b) – Is the land applied for mineralised or are the other purposes for which the lease is sought appropriate?
The application seeks the grant of a mining lease for the purpose of mining tin ore, and other minerals as indicated in the Certificate of Application, and the normal mining infrastructure associated with the operation including ore stockpiles, workshop, water supply, treatment plant and camp. The area is generally known for the production of tin and associated minerals. I am satisfied that there is adequate evidence of mineralisation.
Section 269(4(c) – If the land applied for is mineralised, will there be an acceptable level of development and utilisation of the mineral resources within the area applied for?
The applicants proposes to mine the area using normal mining methods, crushing and bagging material on site, rehabilitating as mining progresses. Some infrastructure will be needed on the lease to complete the project. There is no evidence to suggest that there will not be an acceptable level of development and utilisation of the mineral resource in the area. The applicants have been involved in similar operations for a number of years.
Section 269(4)(d) – Is the land and the surface area of that land in respect of which the mining lease is sought of an appropriate size and shape?
The boundaries of the lease have been determined by the area of potential mineralisation and infrastructure requirements. There is no evidence to indicate the size and shape is not appropriate.
Section 269(4)(e) is the term sought appropriate?
Initially, the applicants sought a term of 21 years. This has now been reduced to 15 years. There is no evidence to suggest that a 15 year term is inappropriate. The applicants have the option of surrender if mining and rehabilitation is completed before the term expires.
Section 269(4)(f) – Has the Applicant the necessary financial and technical capabilities to carry on mining operations under the proposed mining lease?
The applicants have sufficient assets, including the mining equipment required, to undertake the proposed operation. I am satisfied the applicants have or have access to the necessary financial and technical resources.
Section 269(4)(g) – Has the past performance of the Applicant been satisfactory?
There is no evidence to suggest that the past performance of the applicants has not been satisfactory. The applicants states that for all the time they has been mining they have had no previous fines, show cause or convictions in relation to mining.
Section 269(4)(h) – Will any disadvantage result to the holders of existing exploration permits or mineral development licences or existing Applicants for exploration permits or mineral development licences?
One of the applicants held a prospecting permit at the time of marking out. I am satisfied that no other person is disadvantaged.
Section 269(4)(i) – Do the operations to be carried on under the authority of the mining lease conform with sound land use management?
The current land use is suitable for low intensity grazing. The extraction of the target minerals is an appropriate land use.
Section 269(4)(j) – Will there be any adverse environmental impacts, and if so, the extent thereof?
The draft environmental authority was issued. It requires the applicants to comply with the environmental conditions contained in the Code of Environmental Compliance for Mining Lease Projects. There is no evidence to suggest that the environmental impacts will not be adequately dealt with by compliance with the conditions of the Code.
Section 269(4)(k) – Will the public right and interest be prejudiced?
There is no public infrastructure on the area applied for. There was no evidence before me that indicated public right and interest would be prejudiced. I am unsure of the extent of the involvement of the Herberton Shire Council (as it formerly was) and the proposed access. This matter should be negotiated with the relevant authority. It is possible an agreement is not necessary. This is not a large scale operation and use of the road may be occasional and of minor impact.
Section 269(4)(l) – Has any good reason been shown for a refusal to grant the mining lease?
There was no evidence before me that indicated any grounds which would justify a refusal of the application.
Section 269(4) (m) – Is the proposed mining operation an appropriate land use taking into consideration the current and prospective uses of the land?
On the basis of the evidence considered in relation to criteria (i), (j), (k) and (l), I consider the proposed activity is an appropriate land use.
Recommendation
Taking into account all the evidence before me and, in particular, that evidence referred to above, I recommend to the Honourable the Minister for Mines and Energy that the Mining Lease be granted over the whole of the application area for the purposes and term sought by the applicants.
FW WINDRIDGE
JUDICIAL REGISTRAR
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