Salmon v Richardson

[2014] QLC 9

LAND COURT OF QUEENSLAND

CITATION:

Salmon v Richardson & Anor  [2014] QLC 9

PARTIES:

Gavin Keith Salmon
(applicant)

v

Raymond Edward Richardson and Glenda Joyce Hoare
(respondents)

FILE NO:

MRA645-13

DIVISION:

General Division

PROCEEDING:

Application for determination of compensation

DELIVERED ON:

12 March 2014

DELIVERED AT:

Brisbane

HEARD ON:

Heard on the Papers
Decision reserved on 24 February 2014

HEARD AT:

Brisbane

MEMBER:

WA Isdale

ORDERS:

1. Compensation is determined in the amount of $2,000 per annum in accordance with s 281 of the Mineral Resources Act 1989.

2.    The applicant shall pay the respondents the total compensation of $2,000 per annum in advance of the year to which it relates with the first payment being made within 30 days of the renewal of the mining lease.

3.    The parties are to bear their own costs of the present proceedings.

CATCHWORDS:

Mineral Resources Act 1989, s 279, s 281

Mining Lease – renewal – determination of compensation

Mitchell v Oakhill and Mitchell (unreported, Land Court of Queensland, 10 March 1998)
Shaw v Heritage Holdings Pty Ltd (1992-1993) 14 QLCR 139
Smith v Cameron (1986-1987) 11 QLCR 64

APPEARANCES:

The parties made written submissions and requested that the Court determine the matter on those papers.

Background

1. On 5 November 2013 the Mining Registrar at Emerald referred to the Land Court the matter of the compensation which the miner (the applicant) must pay to the landowners (the respondents) in regard to the renewal for a proposed five year period of Mining Lease (ML) 70213 for sapphire. The Mineral Resources Act 1989 (the Act) requires that compensation be determined before the lease is renewed. The parties have been unable to agree on the compensation payable so the matter has been referred to the Court to determine compensation as required by the Act. The parties have provided the material upon which they wish the Court to make its determination.

The legal framework within which the Court must act

1. Section 279 of the Act provides that a mining lease shall not be renewed unless an agreement in relation to compensation has been filed at the office of the Mining Registrar, or in the absence of such an agreement, a determination of compensation has been made by the Court. The matters which must be considered by the Court are set forth in s 281(3) of the Act. While s 281 sets out the matters to be considered, it does not define any precise method of assessment. In Smith v Cameron (1986) 11 QLCR 64, the Land Court said 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. …”

1. In Shaw v Heritage Holdings Pty Ltd (1992-93) 14 QLCR 139, the Court at p 146 said:

   “The method of assessment remains a matter which will be governed by the facts and circumstances of…