Re Lousick & Edwards

Case

[2009] QLC 168

19 November 2009


Details
AGLC Case Decision Date
Re Lousick and Edwards [2009] QLC 168 [2009] QLC 168 19 November 2009

CaseChat Overview and Summary

Ronald William Lousick and Raymond Edward Edwards applied for a mining lease under s.245 of the Mineral Resources Act 1989 over land 180 km north-west of Chillagoe to mine gold, silver, copper, rare earths, and zircon for a term of 10 years. The application was lodged on 9 August 2004, and no objections were lodged before the closing date of 12 October 2009. The applicants requested the matter be dealt with on the papers by a member sitting alone, and the Judicial Registrar agreed to dispense with a hearing.

The court considered the criteria specified in s.269(4) of the Act to make its recommendation. The court was satisfied that the provisions of the Act had been complied with, the land was mineralised and of an appropriate size and shape, the term sought was appropriate, and the applicants had the necessary financial and technical capabilities. The court also considered whether the proposed mining operation would result in adverse environmental impacts, prejudice public rights and interests, or be an inappropriate land use. The court found that the applicants had met all the criteria and that there was no evidence to suggest that the application should be refused.

In light of the evidence before the court, the Judicial Registrar recommended to the Minister for Mines and Energy that the Mining Lease No. 20451 be granted over the whole of the application area for a term of 10 years to Ronald William Lousick (50%) and Raymond Edward Edwards (50%). The Judicial Registrar also ordered that a hearing of this application be dispensed with. The final orders were to recommend the grant of the mining lease and to dispense with a hearing.
Details

Areas of Law

  • Planning & Development Law

  • Property Law

Legal Concepts

  • Adverse Possession

  • Easements & Covenants

  • Compensatory Damages

  • Specific Performance

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