Skilton v 2PL Superannuation Pty Ltd (No 2)

In the case of Skilton v 2PL Superannuation Pty Ltd (No 2), Gerald Skilton appealed a decision of the Queensland Land Court regarding compensation payable for the deprivation of possession of his land, which was subject to a mining lease held by 2PL Superannuation Pty Ltd. The land in question had previously been used for commercial cattle operations. The dispute centred on the compensation entitlement under the Mining Act 1978 for the use of Skilton's land for mining purposes.

The court was required to determine several legal issues, including whether Skilton was entitled to compensation for the deprivation of possession of the surface of the land, for the diminution of the value of the land, for the diminution of the use made of the land or any improvements thereon, for loss or expense arising from the mining operations, and for the cost of preparing a valuation report. The court also had to decide on the specific amounts of compensation to be paid, if any, and whether there should be an annual indexation of the compensation amounts.

The court found that Skilton was entitled to compensation for the cost of the Access Negotiations report, and for specific expenses incurred due to the mining operations, such as alternative watering points and longer routes for cattle checking. The court also ruled that the compensation amounts should be indexed annually according to the Consumer Price Index in Brisbane. The court did not find entitlement to compensation for the deprivation of possession, diminution of the value of the land, or diminution of the use made of the land.

Skilton was ordered to pay 2PL Superannuation Pty Ltd the specified amounts for the cost of the Access Negotiations report, administration and inspection costs, alternative watering points, longer routes for cattle checking, and track grading. The gross amounts for these expenses were to be indexed annually according to the Consumer Price Index in Brisbane.