Rutile and Zircon Mines (Newcastle) Limited v Valuer-General

[1989] NSWLEC 217

Land and Environment Court

of New South Wales

CITATION:

Rutile & Zircon Mines (Newcastle) Limited v. Valuer-General [1989] NSWLEC 217

PARTIES:

APPLICANT
Rutile & Zircon Mines (Newcastle) Limited

RESPONDENT
Valuer-General

FILE NUMBER(S):

30415/84; 30416/84; 30020/85 - 30032/85; 30043/85 - 30044/85; 30150/85; 30360/85 - 30367/85; 30358/86 - 30360/86; 30477/86 - 30484/86; 30570/86 - 30572/86 of 1986

CORAM:

Hemmings J

KEY ISSUES:

:-

LEGISLATION CITED:

Mining Act 1973
Land and Environment Court Act 1979
Local Government Act 1919
Valuation of Land Act 1916

CASES CITED:

DATES OF HEARING:

DATE OF JUDGMENT:

07/14/1989

LEGAL REPRESENTATIVES:

APPLICANT
R.N. Talbot
Gaden
RESPONDENT
A.A. Hyan
H.K. Roberts, Crown Solicitor

JUDGMENT:

HIS HONOUR: Rutile & Zircon Mines (Newcastle) Limited ("the Company") appeals to this Court against the determination by the Valuer-General of the "land value" of a number of parcels of land over which the Company holds leases under the Mining Act 1973. It is common ground that, whilst the ownership, location and use of the various parcels differ, a number of questions of law arise which are relevant to each application.

At the request of both parties, an Assessor has referred those questions of law to a Judge of this Court pursuant to s.36(5) of the Land and Environment Court Act ("the L.& E. Court Act"). The referred questions are:|CF2.|PSI

held pursuant to statutory mining titles where:

a) A number of contiguous parcels of land is comprised of more than one parcel;

b) The owner in fee simple is not common to each parcel;

c) Separate statutory mining titles are held by a common Lessee;

d) The boundaries of the separate statutory mining titles are not common to the boundaries or the land held in fee simple;

e) A road separates one or more of the parcels;

f) Part of the land is Crown Land;

g) The whole of the land is used or held for a mining purpose;

h) An election is made to ascertain the value of any part of the land pursuant to s.153(1A).

Local Government Act 1919.

applied, whether the Valuer-General must have a) The boundaries of the titles in fee simple, b) The boundaries of the statutory mining 2A. Whether if the answer to 2(b) is in the benefit arising from the owner other than the the mining titles.

to land held pursuant to a statutory mining purpose of s.153 is liable for rates.

is entitled to an allowance pursuant to s.58 of profitable expenditure on a public road.

does not take into account the benefit of works entitled to an allowance for profitable "1A. In the case of every mine the land value ascertained by one or other of the following generally, or for some period or mine only, may council, as the Valuer-General may decide, that a) by valuation of the land value in 1916;

with this section; or

mine which is idle or partially idle, by mine by twenty."|CF1.|PSO

"Mine" as defined in s.4 of the Local Government Act,|CF2.|PSI

"is land either on or below the surface or partly on or partly below the surface used or held for any mining purpose, and land so used or held is a mine. A mine includes all underground workings, and all engines, machinery, workshops, tramways, and other plant, all buildings (not being dwellinghouses), works, and the surface of any land occupied exclusively in connection with and for the purposes of the mine: Provided that, in the case of a mine occupied under a lease, license, or other mineral holding, such land is situate within the boundaries of such lease, license, or holding."|CF1.|PSO

"Land value" is not defined by the Local Government Act, but by s.6A of the Valuation of Land Act 1916, which provides:|CF2.|PSI

the fee-simple of the land might be expected to terms and conditions as a bona-fide seller if any, thereon or appertaining thereto, other the owner or his predecessor in title had not one only of the methods referred to in s.153(1A).

2. Each mine includes all of the land held for mining Local Government Act.

3. The whole of the mine must be subject to the one Act have no relevance.

5. Valuation of land which is a mine is the boundaries fee simple.

6. Adjoining lands not used for a mine are to be separately valued pursuant to s.26 and s.27 of the land used for mining purposes to be valued for the purpose of the Local Government Act and the Government Act.

3. S.153 of the Local Government Act provides a method specifies the machinery for determining such it must take into account services, etc. on the determination in accordance with the answers to the |CF2.|PSI