Re Pratt & Collins

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.