Re Whitsunday E.D.E.N Park Pty Ltd & Pidgeon

Whitsunday E.D.E.N Park Pty Ltd applied for the grant of Mining Lease 95596, which would be over an area of 1.7743 ha on Lot 4040 on PH 1018 known as Tryeta Holding for the purpose of mining for opal. The current landholder, William James Pidgeon, objected to the application on the basis that compensation had not been determined. The dispute was brought before the Land Court of Queensland to determine the compensation payable by Whitsunday E.D.E.N Park Pty Ltd to Pidgeon. The legal issues that the court had to decide were whether the compensation payable was appropriate and whether the compensation should be paid within a certain time frame. The court considered the relevant provisions of the Mineral Resources Act 1989 and previous cases on the matter. The court determined that the compensation payable should be $5 per annum per hectare for the term of the lease, plus an additional sum of $20 for access and $12 to reflect the compulsory nature of the action taken. The court ordered that the miner pay total compensation to the current landowners in the sum of $132 within a period of three months from notification of the grant of the mining lease by the Mining Registrar. No order for costs was made.