Re Henderson

James Raleigh Henderson has applied for a mining lease over land near Yowah to mine for opal. The application was made under section 245 of the Mineral Resources Act 1989 and was lodged at the office of the Mining Registrar at Quilpie on 20 November 2007. No objections were lodged. The application was heard on the papers by BR O’Connor, Judicial Registrar of the Land Court of Queensland. The Registrar was required to consider whether the application complied with the requirements of the Act and whether the land was mineralised, of an appropriate size and shape, and that the term sought was appropriate. The Registrar also needed to consider whether the applicant had the financial and technical capability to carry on mining operations under the proposed mining lease, whether the applicant’s past performance had been satisfactory, and whether the operations proposed would be an appropriate land use. The Registrar considered the statutory declaration, additional information, and other material lodged by the applicant, and the Mining Registrar’s Report. The Registrar found that the applicant had complied with the requirements of the Act, that the land was mineralised and of an appropriate size and shape, that the term sought was appropriate, and that the applicant had the necessary financial and technical capability to carry on the proposed mining operations. The Registrar found that the applicant’s past performance had been satisfactory, and that the proposed operations would be an appropriate land use. The Registrar recommended that the Honourable the Minister for Mines and Energy grant the mining lease over the whole of the application area for the purpose and term sought by the applicant.
The Registrar ordered that a hearing of this application be dispensed with and that the Registrar’s recommendation be forwarded to the Minister for Mines and Energy.