Re Lady Annie Operations Pty Ltd
[2007] QLC 111
•14 November 2007
LAND COURT OF QUEENSLAND
CITATION: Re Lady Annie Operations Pty Ltd [2007] QLC 111
PARTIES:In the matter of Application for Mining Lease No 90184 by Lady Annie Operations Pty Ltd
FILE NO/S:AML00174/2007
PROCEEDING: Application for mining lease
DELIVERED ON: 14 November 2007
DELIVERED AT: Brisbane
MEMBER:Mr BR O’Connor, Judicial Registrar
ORDER/S:1. Hearing dispensed with.
2. Recommendation made that the Mining Lease be granted.
CATCHWORDS: Mining – Mining Lease – Recommendation - Mineral Resources Act 1989, ss. 245, 269(4), 270(1)
APPEARANCES: Not applicable – Heard on the Papers
O’CONNOR JR: This is an application by Lady Annie Operations Pty Ltd under s. 245 of the Mineral Resources Act 1989 (the Act) for a mining lease over 9ha of land 120 kilometres north-northwest of Mount Isa for purposes associated with mining operations. The application was lodged at the office of the Mining Registrar at Mt Isa on 26 April 2007. No objections were lodged before the closing date for objections on 7 September 2007.
Request to dispense with a hearing - Section 270
I may dispense with a hearing if satisfied as to matters specified in s. 270(1). The applicant has requested the matter be dealt with on the papers. The Tribunal has ordered accordingly. I therefore dispense with the hearing.
Section 269(4) criteria
In taking account of and considering the criteria specified in s. 269(4), I have relied upon the Additional Information provided by the applicant and the material filed with the Mining Registrar in support of the application. These reasons refer to the salient points, but not to all the relevant evidence, that I have taken into account in making my recommendation.
Section 269(4)(a) – Have the provisions of the Act been complied with?
A Certificate of Application was issued by the Mining Registrar on 19 June 2007 which confirms that the applicant is eligible to apply for the mining lease and has complied with the requirements of Part 7 of the Act.
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 transporting water and providing power to its mining activities. The applicant holds leases in the immediate area.
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 applicant proposes to mine the area using conventional methods. The applicant has the necessary infrastructure and equipment to complete the project. The purpose of this lease is to allow the construction of a powerline to bring power to the project, and a pipeline to bring water to 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.
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 route of the pipeline and powerline. The applicant has sought a mining lease over the whole of the surface area for water pipeline, powerline and access tracks. There is no evidence to indicate the size and shape is not appropriate.
Section 269(4)(e) - Is the term sought appropriate?
The applicant seeks a term of 21 years. There is no evidence to suggest that a 21 year term is inappropriate.
Section 269(4)(f) – Has the Applicant the necessary financial and technical capabilities to carry on mining operations under the proposed mining lease?
The applicant has sufficient assets to undertake the proposed operation. I am satisfied the applicant has or has 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 applicant has not been satisfactory.
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?
There are no other holders or applicants for exploration tenures who would be affected by the grant.
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 low intensity grazing and road reserve. Mining is an appropriate alternate land use in this area. This lease is to be used for pipeline, powerline and access purposes.
Section 269(4)(j) – Will there be any adverse environmental impacts, and if so, the extent thereof?
The draft environmental authority was publicly advertised and no objections were lodged in relation to it. Conditions attaching to authority make provisions for dealing with environmental impact.
Section 269(4)(k) – Will the public right and interest be prejudiced?
There is no public infrastructure on the area applied for except for road reserves. Where necessary, consents are being obtained. There was no evidence before me that indicated public right and interest would be prejudiced.
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 good reason why this application should be refused.
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 applicant.
BR O’CONNOR
JUDICIAL REGISTRAR
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