Sanangar Pty Ltd v Campbell
[2008] QLC 222
•16 December 2008
LAND COURT OF QUEENSLAND
CITATION:Sanangar Pty Ltd & Anor v Geoffrey Campbell & Anor [2008] QLC 0222
PARTIES:Sanangar Pty Ltd & Pedogenesis Pty Ltd
(applicants)
v
Geoffrey and Toni Campbell
(objectors)
FILE NO:AML00248/2007
DIVISION:Land Court of Queensland
PROCEEDING: Application for Mining Lease and objections thereto
DELIVERED ON: 16 December 2008
DELIVERED AT: Brisbane
HEARD AT:Brisbane
MEMBER:Mr PA Smith
ORDER:It is recommended to the Honourable the Minister for Natural Resources and Water that, subject to the formal pegging of each of the survey points numbered 1 to 12 on the survey plan of 16 December 2008 (Attachment “B”) including sub-numbered points such as points 3(a), 4(a) and 4(b) and subject to the amended proposed access as shown on the survey plan and the pegging of location points thereon, and further subject to the draft special conditions as set out in Attachment “A”, Mining Lease No. 80143 be granted for the term and for the purposes sought by the applicants over the reduced area of 25.6 ha as detailed in the survey plan of 16 December 2008.
CATCHWORDS: Mining – Mining Lease Application – Objections – reduced area – variation of access – survey – agreed special conditions
APPEARANCES: Mr TW Quinn of Counsel (instructed by McInnes Wilson Lawyers) for the applicants
Mr ANS Skoien of Counsel (instructed by MRH Lawyers) for the objectors
Ex tempore. I have before me an application for Mining Lease No. 80143 brought by Sanangar Pty Ltd & Pedogenesis Pty Ltd. There was a duly lodged objection made to the mining lease application by the landholders, Geoffrey and Toni Campbell. The matter was prepared for hearing which was listed to last for five days in Brisbane, including a site inspection for the proposed mining lease. In this matter, both the miner and the objectors have been ably represented by counsel and instructing solicitors and this has certainly assisted with the preparation of the evidence and related material for both parties.
Following the inspection of the property on the first day of the hearing,[1] Counsel indicated at the commencement of the second day that the parties had essentially reached agreement as between themselves with respect to the objectors’ objection to the grant of the mining lease.[2]
[1] 24 November 2008.
[2] The matter was relisted for 16 December 2008 to allow time for a survey to be completed.
I have had the benefit of perusing the form of agreement reached between the parties and am content that the agreement reached is both appropriate and proper given the circumstances of this application. I have also, as part of my preparation for the hearing of this matter, had an opportunity to read all of the applicants’ material, all of the relevant material provided by the Mining Registrar, the material of the objectors and, of course, the relevant sections of the Mineral Resources Act 1989 (MRA).
In my view, the application, as compromised by the agreement with the objectors, meets all the requirements of the MRA and, in particular, those specified in s.269(4) of the MRA. In the circumstances of this matter and to save the parties additional time and expense, I do not consider it necessary to go into a detailed analysis of each of those sub-headings of the MRA save to confirm my acknowledgement of the acceptability of the amended application read against those provisions.
In particular in this matter, the objectors and the miner have reached a compromise as to special conditions of ML80143. Those special conditions are as set out in Attachment A to this recommendation. I have carefully considered those proposed special conditions and recommend to the Honourable the Minister for Natural Resources and Water that each of those special conditions be made special conditions of ML80143.
I also have been provided with a copy of a survey completed by Wayne Say & Associates dated 16 December 2008. This survey is Annexure B to this recommendation. The survey shows that the area of the mining lease application has been reduced from the original area of 36.7 hectares down to 25.6 hectares. It also reveals a large number of new points on the mining lease application area which should be subject to the usual pegging requirements of the MRA. I also note the amended access from the reduced mining lease area to River Road.
In accordance with my observations on the inspection and taking into account the various Road Safety Traffic Reports filed in the Court in this matter, I consider the proposed access as set out on the survey plan to be both sensible and appropriate.
Subject to the formal pegging of each of the survey points numbered 1 to 12 on the survey plan of 16 December 2008 (Attachment “B”), including sub-numbered points such as points 3(a), 4(a) and 4(b) and subject to the amended proposed access as shown on the survey plan and the pegging of location points thereon, and further subject to the draft special conditions as set out in Attachment A, I recommend to the Honourable the Minister for Natural Resources and Water that Mining Lease No. 80143 be granted to the applicants, for the term and for the purpose sought by the applicants, over the reduced area of 25.6 hectares as detailed in the survey plan of 16 December 2008.
Order
It is recommended to the Honourable the Minister for Natural Resources and Water that, subject to the formal pegging of each of the survey points numbered 1 to 12 on the survey plan of 16 December 2008 (Attachment “B”) including sub-numbered points such as points 3(a), 4(a) and 4(b) and subject to the amended proposed access as shown on the survey plan and the pegging of location points thereon, and further subject to the draft special conditions as set out in Attachment “A”, Mining Lease No. 80143 be granted for the term and for the purpose sought by the applicants over the reduced area of 25.6 ha as detailed in the survey plan of 16 December 2008
PA SMITH
MEMBER OF THE LAND COURT
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