Re Pratt & Collins - [2009] QLC 106

LAND COURT OF QUEENSLAND

CITATION: Re Pratt & Collins [2009] QLC 0106

PARTIES:In the matter of Application for Mining Leases Nos 20046, 20047, 20048, 20049, 20050, 20052, 20053, 20054, 20055, 20056, 20057 and 20058 - Applications by Karyl Frances Pratt for determination of compensation payable to BE Collins, CM Collins, CM Collins, VC Wilson and PD Wilson
FILE NO:MLC00036/2009, MLC00037/2009, MLC00038/2009, MLC00039/2009, MLC00040/2009, MLC00041/2009, MLC00042/2009, MLC00043/2009, MLC00044/2009, MLC00045/2009, MLC00046/2009, MLC00047/2009
PROCEEDING:  Application for determination of compensation
DELIVERED ON:                  30 July 2009
DELIVERED AT:                   Brisbane
MEMBER:Mr BR O’Connor, Judicial Registrar

ORDER/S:1. I determine compensation under s.281 in the sum of $840.
2. I award an additional amount of $80 in accordance with s.281(4)(e).
3. I direct that the miner pay the total compensation in the sum of $920 to the landowners within three months of notification of renewal of the mining lease by the Mining Registrar.
4. No order for costs.

CATCHWORDS: MINING – MINING LEASE – DETERMINATION OF COMPENSATION
Mineral Resources Act 1989, S.279, 281

S.P White v Warner [2003] QLRT 40

Smith v Cameron [1986– 87] 11 QLCR
Shaw v Heritage Holdings Pty Ltd [1992–93] 14 QLCR

APPEARANCES: Not applicable – Heard on the Papers

Background

The applicant Karyl Frances Pratt (the miner) seeks the renewal of Mining Leases 20046, 20047, 20048, 20049, 20050, 20052, 20053, 20054, 20055, 20056, 20057 and 20058 in the Mareeba District. The applicant seeks a term of ten years for each lease. The applications were lodged at the office of the Mining Registrar, Mareeba on 14 March 2008.
The leases are located on Lot 6 on BW21 LL PH Webster Peak, Parish of Boobera, County of Humeburn. Access is through the same property. A grazing operation is conducted on the property. Each of the 12 leases are over a surface area of 1 ha and are sought for the purpose of mining for tin ore.

The Act

Section 279 of the Mineral Resources Act 1989 (“the Act”) provides that a mining lease shall not be granted or renewed unless an agreement in relation to compensation has been filed at the office of the Registrar, or in the absence of such an agreement, a determination of compensation has been made by the Court. In this instance, no agreement has been lodged with the Registrar and the matter has been referred to the Court for determination.

The matters which must be considered by the Court are set forth in s.281(3) of the Act. Although s.281 sets out the matters to be considered, it does not define any method of assessment. In Smith v Cameron (1986) 11 QLCR 64, the Land Court held at p.74…”
“The section in my opinion merely identifies matters which shall be taken into consideration in making the assessment. It does not prescribe a method of valuation. No doubt each case will depend on its own facts and circumstances but it seems to me that either method is open to the valuer.”

In Shaw v Heritage Holdings Pty Ltd (1992-93)14…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Re Pratt & Collins

Details

AGLC: Re Pratt and Collins [2009] QLC 106
Case: [2009] QLC 106
Decision Date: 30 July 2009

CaseChat Overview and Summary

Karyl Frances Pratt applied for the renewal of 12 mining leases over 12 hectares of land in the Mareeba District, Queensland. The applicants, BE Collins, CM Collins, VC Wilson, and PD Wilson, opposed the application, and the matter was referred to the Land Court for determination of compensation under section 281 of the Mineral Resources Act 1989. The court had to decide on the compensation payable to the landowners due to the proposed mining leases. The court examined relevant precedents and found that the method of assessment is not prescribed by the statute, and it depends on the facts and circumstances of each case. The court considered the limited evidence available, including the small area involved, the low intensity grazing as the only other viable use of the land, and prior determinations and agreements for leases in the area. The court awarded $5 per annum per hectare for the term of each lease and an additional sum of $20 for access for each lease, resulting in a total compensation of $840. The court further awarded an additional sum of $80 under section 281(4)(e) to reflect the compulsory nature of the action taken under this part. The total compensation payable was $920, to be paid within three months of notification of grant of the mining lease by the Mining Registrar. No order for costs was made.

The court determined the compensation payable to the landowners for the proposed mining leases in the Mareeba District, Queensland. The court considered the relevant evidence and precedents and found that the method of assessment is not prescribed by the statute and depends on the facts and circumstances of each case. The court awarded compensation of $5 per annum per hectare for the term of each lease and an additional sum of $20 for access for each lease, resulting in a total compensation of $840. The court further awarded an additional sum of $80 under section 281(4)(e) to reflect the compulsory nature of the action taken under this part. The total compensation payable was $920, to be paid within three months of notification of grant of the mining lease by the Mining Registrar. No order for costs was made.

Orders