Rock Solid Holdings Qld Pty Ltd v Faint

LAND COURT OF QUEENSLAND

CITATION:

Rock Solid Holdings Qld Pty Ltd v Faint [2019] QLC 50

PARTIES:

Rock Solid Holdings QLD Pty Ltd
(applicant)

v

Ross William Faint & William Edward Faint
(non-active objectors)

FILE NO:

MRA382-19 (MLA100158, MLA100159, MLA100160, MLA100161)

DIVISION:

General Division

PROCEEDING:

Hearing of application for mining lease and objection

DELIVERED ON:

20 December 2019

DELIVERED AT:

On the papers

HEARD ON:

Submissions due 2 December 2019

HEARD AT:

Heard on the papers

PRESDIENT:

FY Kingham

ORDER:

I recommend to the Minister for Natural Resources, Mines and Energy, as the Minister responsible for the Mineral Resources Act 1989, that MLs 100158, 100159, 100160, and 100161be granted.

CATCHWORDS:

ENERGY AND RESOURCES – MINERALS – COURTS OR TRIBUNALS EXERCISING JURISDICTION IN MINING MATTERS – QUEENSLAND – where the applicant applied for four mining leases to mine gold – where the objectors to the mining lease did not elect to be active parties in the hearing – where the landholders do not consent to the grant of mining leases over the surface of land that is restricted land – whether the area is mineralised – where the Court recommended the leases should be granted

Mineral and Energy Resources (Common Provisions) Act 2014 s 68
Mineral Resources Act 1989 s 238, s 245, s 252, s 268(3), s 269(4), s 279, s 283B

Bat Advocacy NSW Inc v Minister for Environment Protection, Heritage and the Arts & Anor (2011) 180 LGERA 99; [2011] FCAFC 59, cited.
Sinclair v Mining Warden at Maryborough & Anor (1975) 132 CLR 473; [1975] HCA 17, cited.

Tickner v Chapman (1995) 57 FCR 451; [1995] FCAFC 1726, cited.

APPEARANCES:

Not applicable

1. Rock Solid Holdings QLD Pty Ltd has applied for four mining leases (MLAs 100158 – 100161) to mine gold in an area 18 to 21 km north/north-west of Clermont, in the Mining District of Emerald. The four leases, respectively known as “Nuggets Galore,” “Old Yellow,” “Springs,” and “Springs East,” collectively comprise the “Blackridge Conglomerate Gold Project Clermont.”

1. Ross William Faint and William Edward Faint are the freehold owners of Lot 21 on SP263857 and are the registered lessees of Lot 23 on CLM340. The MLAs affect the land held by the Faints under both tenures: the freehold, by Nuggets Galore and Springs East; and the leasehold, by all applications except Springs East.

1. The landowners lodged an objection to the grant of the mining leases,[1] but did not elect to be active parties in the hearing. That means they played no active part in the Court process.[2] Nevertheless, I must consider their objection when deciding what recommendation to make on Rock Solid’s applications.[3] Also, I must consider the statutory criteria specified in the Mineral Resources Act 1989.[4]

Has Rock Solid complied with the provisions of the MRA?[5]

[1]Ex 10, Objection form for a mining lease application.

[2]Land Court Practice Direction 4 of 2018.

[3]Mineral Resources Act 1989 s 268(3).

[4]Ibid s 269(4).

[5]Ibid s 269(4)(a).