Re Hatchman

Case

[2009] QLC 152

21 October 2009


Details
AGLC Case Decision Date
Re Hatchman [2009] QLC 152 [2009] QLC 152 21 October 2009

CaseChat Overview and Summary

Neil Lester Hatchman has applied under section 245 of the Mineral Resources Act 1989 for a mining lease over land for the purpose of mining for opal, stockpiling, and living quarters for a term of 10 years. The application area is located 63 kilometres northwest of Cunnamulla. The application was lodged on 23 March 2009 and no objections were lodged by the closing date of 4 August 2009. The Judicial Registrar, Mr. BR O’Connor, ordered that the hearing of the application be dispensed with, as the Registrar was satisfied that the provisions of Part 7 of the Act had been complied with. The Registrar then proceeded to consider the criteria specified in section 269(4) of the Act.

The Registrar considered the criteria specified in section 269(4) and found that the provisions of the Act had been complied with, that the land was mineralised, that there would be an acceptable level of development and utilisation of the mineral resource within the area, that the size and shape of the land was appropriate, that the term sought was appropriate, that the applicant had the necessary financial and technical capabilities, that there was no evidence to suggest that the applicant’s past performance had not been satisfactory, that there would be no disadvantage to the holders of existing exploration permits or mineral development licences or existing applicants for exploration permits or mineral development licences, that the operations would conform to sound land use management, that there would be no adverse environmental impacts, that the public right and interest would not be prejudiced, that there was no good reason to refuse the grant of the mining lease, and that the proposed mining operation was an appropriate land use. The Registrar recommended that the mining lease be granted over the whole of the application area for the purpose and term sought by the applicant.

The Registrar recommended to the Honourable the Minister for Mines and Energy that Mining Lease No. 60459 be granted over the whole of the application area for a term of 10 years.
Details

Areas of Law

  • Mineral Law

Legal Concepts

  • Mining Lease

  • Jurisdiction

  • Standing

  • Compensatory Damages

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