Re Opalton

Opalton Mines Qld Pty Ltd applied for a mining lease under section 245 of the Mineral Resources Act 1989 over land approximately 175 kilometres south-west of Winton, for the purpose of mining for opal for a term of 10 years. The application was lodged on 5 May 2009, and no objection was lodged before the closing date for objections, 26 June 2009. The application was heard by Judicial Registrar O'Connor on the papers. The court was required to determine whether the application complied with the criteria specified in section 269(4) of the Mineral Resources Act 1989, including whether the land was mineralised, if there would be an acceptable level of development and utilisation of the mineral resources, and if the term sought was appropriate. The court was also required to determine if the applicant had the necessary financial and technical capabilities to carry on mining operations under the proposed mining lease, and if the proposed mining operation was an appropriate land use. The court was satisfied that the provisions of the Act had been complied with, and that the land was mineralised. The court was also satisfied that there would be an acceptable level of development and utilisation of the mineral resources, that the size and shape of the lease was appropriate, and that the term sought was appropriate. The court was satisfied that the applicant had the necessary financial and technical capabilities to carry on mining operations under the proposed mining lease, and that the proposed mining operation was an appropriate land use. The court recommended that the Honourable the Minister for Mines and Energy grant the mining lease over the whole of the application area for a term of 10 years. The orders of the court were that the hearing be dispensed with, and that the matter be recommended to the Honourable the Minister for Mines and Energy for the grant of the mining lease.