LAND COURT OF QUEENSLAND
CITATION: Skilton v Lonergan & Ors [2019] QLC 28 PARTIES: Gerald David George Skilton
(applicant)v Patrick Joseph Lonergan
(objector)Prue Madeline Lonergan
(objector)and Department of Environment and Science
(statutory party)FILE NOs: MRA152-18 (MLA100108)
EPA157-18 (EPSL04437816)DIVISION: General Division PROCEEDING: Hearing of application for mining lease and objection;
Objection to application for environmental authorityDELIVERED ON: 14 June 2019 DELIVERED AT: In chambers HEARD ON: 3 & 4 April 2019
Submissions closed 20 May 2019HEARD AT: Clermont MEMBER: PG Stilgoe OAM ORDER/S: 1. Pursuant to s 269(1) of the Mineral Resources Act 1989, I recommend to the Honourable Minister for Natural Resources, Mines and Energy that Mining Lease 100108 be granted over the application area.
2. Pursuant to s 190(1)(a)(i) of the Environmental Protection Act 1994, I recommend to the administering authority that the Environmental Authority be issued in terms of the draft Environmental Authority EPSL04437816 without amendment.
CATCHWORDS: ENERGY AND RESOURCES – MINERALS – MINING FOR MINERALS – TITLES: RIGHTS, PERMITS, LICENCES AND LEASES ETC – where the applicant sought a mining lease for a small-scale gold mine – where the landholder objected to the mining lease primarily on grounds of non-compliance with the relevant mining legislation, past performance, and adverse environmental impacts – where there was a history of similar mining activities in the area – whether the applicant’s previous non-compliance and past performance were sufficient enough to warrant refusal – whether the adverse environmental impacts were proportionate to the aims of the relevant environmental protection legislation
ENERGY AND RESOURCES – MINERALS – MINING FOR MINERALS – ENVIRONMENTAL PROTECTION LEGISLATION – where a draft environmental authority was issued with standard conditions for a small-scale gold mine – whether the administering authority’s standard conditions were sufficient to achieve the aims of the relevant environmental protection legislation
Environmental Protection Act 1994 s 3, s 190, s 191
Mineral Resources Act 1989 s 235, s 268, s 269ACI Operations Pty Ltd v Quandamooka Lands Council Aboriginal Corporation [2002] 1 Qd R 347; [2001] QCA 119, followed
Gloucester Resources Ltd v Minister for Planning (2019) 234 LGERA 257; [2019] NSWLEC 7, cited
Linc Energy Ltd (in Liq): Longley & Ors v Chief Executive Dept of Environment & Heritage Protection [2017] 2 Qd R 720; [2017] QSC 53, distinguished
Valantine v Henry [2018] QLC 21, followed
Wilson v Southedge Daintree Pastoral Company Pty Ltd and Weymouth Pastoral Company Pty Ltd [2008] QLC 234, citedAPPEARANCES: G Skilton, the applicant (self-represented)
DT Marland (solicitor), Marland Law, for the objectors
S Barclay (in-house legal), for the statutory party
Gerald Skilton has been mining for gold on Rolfe Creek, 31 km northwest of Clermont, for many years under two mining leases negotiated with the previous owners. He applied for the grant of a new mining lease on the property. The current owners, Patrick and Prue Lonergan have objected to the grant. They have also objected to the conditions in the…
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- AGLC
- Skilton v Lonergan & Ors [2019] QLC 28
- Case
- [2019] QLC 28
- Decision Date
CaseChat Overview and Summary
The court was tasked with deciding whether the applicant’s history of non-compliance and past performance were significant enough to warrant the refusal of the mining lease. Additionally, the court had to assess whether the potential adverse environmental impacts of the mining operation would be disproportionate to the aims of the environmental protection legislation. This involved a detailed examination of the relevant legislation, the standard conditions for a draft environmental authority, and the proportionality of the potential environmental impacts to the objectives of the legislation.
In reaching its decision, the court examined the relevant mining legislation, the applicant's past performance, and the potential environmental impacts of the mining operation. The court found that the applicant's previous non-compliance and past performance were not sufficient grounds to refuse the mining lease outright, but they were factors to be considered in the overall assessment. Regarding the environmental impacts, the court concluded that the standard conditions in the draft environmental authority were adequate to mitigate the potential adverse effects and align with the objectives of the environmental protection legislation. Consequently, the court determined that the potential environmental impacts were proportionate to the aims of the legislation.
The court ordered that the mining lease be granted, subject to compliance with the conditions outlined in the draft environmental authority. This included adherence to the standard conditions aimed at mitigating the environmental impacts of the mining operation. The decision allowed the mining lease to proceed while ensuring that the environmental protection objectives were met.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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