Re Foster

Stuart Valentine Foster (40%) and Mayra Eugenia Foster (60%) have applied for a mining lease over 3.6895 ha of land located 15 km north north east of Innot Hot Springs in Queensland. The application was lodged with the Mining Registrar at Mareeba on 7 November 2003, under section 245 of the Mineral Resources Act 1989. The applicants seek to mine tin ore and associated minerals on the land, with plans to establish ore stockpiles, workshops, a water supply, treatment plants, and a mining camp. The Land Court of Queensland was required to decide whether the application complied with the provisions of the Act, whether the land was mineralised or the purposes for which the lease was sought were appropriate, and whether there would be an acceptable level of development and utilisation of the mineral resources.

The court found that the applicants had complied with the requirements of the Act, including having a negotiated compensation agreement with the landowners. The area was generally known for the production of tin and associated minerals, and there was adequate evidence of mineralisation. The applicants proposed to mine the area using normal methods, with plans to crush and bag material on-site and rehabilitate as mining progressed. The court was satisfied that the proposed mining operation was an appropriate land use, taking into consideration the current and prospective uses of the land. The court considered the evidence before it and found that there were no grounds which would justify a refusal of the application.

In light of the above findings, the court recommends that the Honourable the Minister for Mines and Energy grant the Mining Lease over the whole of the application area for the purposes and term sought by the applicants. The court has also ordered that a hearing of this application be dispensed with, as it was satisfied that the provisions of part 7 of the Act had been complied with in respect of the application and that there were no objections to this application. The court found that there was sufficient information before it to properly consider the matter. The final orders of the court are that a hearing of this application be dispensed with and that the application be recommended to the Honourable the Minister for Mines and Energy for approval.