Re Millennium Coal Pty Ltd

This case involves an application by Millennium Coal Pty Ltd and BHP Mitsui Coal Pty Ltd for a mining lease over land located 20 km east of Moranbah for the purpose of coal mining for a term of 30 years. The application was lodged under section 245 of the Mineral Resources Act 1989 and was filed with the Mining Registrar at Emerald on 29 July 2009. No objections were lodged before the closing date of 22 September 2009. The court was required to determine whether the application complied with the relevant statutory provisions and whether granting the mining lease would be in the public interest, taking into account various criteria specified in section 269(4) of the Act.

The court examined the application in light of the criteria specified in section 269(4) of the Mineral Resources Act 1989. It was satisfied 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 resources, that the size and shape of the lease area were appropriate, and that the proposed 30-year term was suitable. The court also found that the applicants had the necessary financial and technical capabilities, that their past performance had been satisfactory, and that there would be no adverse environmental impacts, prejudice to public rights and interests, or any other reason justifying refusal of the application. Based on these findings, the court recommended that the mining lease be granted over the entire application area for the term sought by the applicants.

The court granted the application on the papers, recommending that the mining lease be issued to Millennium Coal Pty Ltd (99%) and BHP Mitsui Coal Pty Ltd (1%) for a term of 30 years over the whole of the application area. The court found that all criteria for granting the lease had been met, and there were no grounds to refuse the application. The applicants had provided sufficient information to demonstrate compliance with the Act and the suitability of the proposed mining operations. The court’s recommendation was made to the Honourable the Minister for Mines and Energy, who has the authority to grant the mining lease.