Re Mitchell

Martin Gerard Mitchell applied for a mining lease over land located 24 km south-west of Winton for the purpose of mining calcite and magnesite for a period of 20 years. The application was lodged on 17 February 2009 and no objections were lodged before the closing date for objections on 10 July 2009. The Land Court of Queensland was required to consider the application and decide whether the mining lease should be granted. The court needed to determine whether the applicant had complied with the provisions of the Mineral Resources Act 1989 and whether the criteria specified in section 269(4) were satisfied.

The court examined the criteria specified in section 269(4) of the Mineral Resources Act 1989 and found that the applicant had complied with the provisions of the Act. The court was satisfied 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 land was appropriate, that the term sought was appropriate, that the applicant had the necessary financial and technical capabilities to carry on mining operations, that the applicant's past performance was satisfactory, that there would be no disadvantage to holders of existing 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, and that there was no good reason to refuse the mining lease. The court was also satisfied that the proposed mining operation was an appropriate land use.

The court recommended to the Minister for Mines and Energy that the Mining Lease No. 95615 be granted over the whole of the application area for a term of 20 years. The court also ordered that a hearing of this application be dispensed with. The final orders were to dispense with a hearing and to recommend to the Minister for Mines and Energy that Mining Lease No. 95615 be granted over the whole of the application area for a term of 20 years.