Slater & Anor v Appleton & Anor - [2012] QLC 7

LAND COURT OF QUEENSLAND

CITATION: Slater & Anor v Appleton & Anor [2012] QLC 0007

PARTIES: Sharyn Patricia Slater and Christopher Ian Slater
(applicants)

v.

Victor John Edward Appleton and Janet Anne Appleton
(respondents)

FILE NOs: MRA018-10
MRA020-10

DIVISION: Land Court of Queensland

PROCEEDING: Determinations of compensation

DELIVERED ON: 24 February 2012

DELIVERED AT: Brisbane

HEARD AT: Clermont

MEMBER: Mr PA Smith

ORDERS:
1. As regards MLA70406, the applicant miners to pay the respondent landholders compensation in the total amount of $13,146.21, payable by way of instalments, with the sum of $796.21 payable within 30 days of the grant of the mining lease, followed by 19 equal instalments of $650 payable on or before each anniversary of the grant of the mining lease.

2. As regards MLA70407, the applicant miners to pay the respondent landholders compensation in the total amount of $13,146.21, payable by way of instalments, with the sum of $796.21 payable within 30 days of the grant of the mining lease, followed by 19 equal instalments of $650 payable on or before each anniversary of the grant of the mining lease.

CATCHWORDS:
MINING - COMPENSATION - for effect of mining lease on grazing land - miner only allowed to disturb part of lease area at any one time under environmental authority - compensation calculated on that part only, not lease area - additional compensation for rehabilitation after lease expiry

MINING - COMPENSATION - right to have compensation reviewed if change of circumstances of lease - what can permit review - Mineral Resources Act 1989, s.283B

APPEARANCES:
Sharyn and Christopher Slater, self-represented
Mr G Houen, agent for Victor and Janet Appleton

Background

The Court has before it applications requiring the determination of compensation with respect to two mining lease applications pursuant to the provisions of the Mineral Resources Act 1989 (the MRA).
By agreement between the parties, and as a matter of convenience, it is appropriate to deal with the two applications together, although separate determinations for compensation will be made with respect to each mining lease application.
On 14 September 2009 the Judicial Registrar of the Land Court of Queensland made recommendations relevant to the application for grant of Mining Lease no. 70406 (MLA70406) and Mining Lease no. 70407 (MLA70407).[1] Both MLAs are located in the Emerald Mining District at Miclere, which is located approximately 34 km north of Clermont.
[1] See Re Slater [2009] QLC 0133 and Re Slater [2009] QLC 0134.
Both MLAs are located in proximity to each other, and also close to existing mining operations undertaken by the applicants. The MLAs are both wholly located on land owned by the respondents. The respondent landholders undertake grazing operations on their property.
MLA70406 is sought for a period of 20 years over an area of 45.2245 ha.[2] Likewise, MLA70407 is also sought for a term of 20 years, but over an area of 26.3646 ha.[3] For both MLAs, access is minimalistic as the access is predominantly via the applicants’ existing operations and a road.…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Slater & Anor v Appleton & Anor

Details

AGLC: Slater v Appleton [2012] QLC 7
Case: [2012] QLC 7
Decision Date: 24 February 2012

CaseChat Overview and Summary

In Slater & Anor v Appleton & Anor, the applicants, Slater and another, sought compensation from the respondents, Appleton and another, for the effect of mining leases on their grazing land. The dispute was heard in the Mining Titles Registry of the Supreme Court of Queensland. The applicants contended that the compensation should be calculated based on the entire area of the mining lease rather than the portion that would be disturbed under the environmental authority. Additionally, they sought additional compensation for the rehabilitation of the land after the mining lease expired.

The legal issues before the court were the proper method of calculating compensation for the impact of a mining lease on grazing land and whether there were circumstances permitting a review of the compensation under the Mineral Resources Act 1989. The court had to determine whether compensation should be based on the entire lease area or only the portion that would be actively mined and whether the compensation could be reviewed if the circumstances of the lease changed.

The court found that compensation should be calculated based on the part of the lease area that would be disturbed under the environmental authority, not the entire lease area. The court held that the applicants were only entitled to compensation for the impact on the area that would be mined. Additionally, the court held that a change in circumstances allowing for a review of compensation under the Mineral Resources Act 1989 must be significant and not merely a change in the method of operation. The court determined that the compensation should be calculated on the basis of the disturbed area and that the circumstances did not warrant a review of the compensation. The court ordered that the applicants pay the respondents compensation in instalments over the term of the mining leases.

Orders

Orders of the court

1. As regards MLA70406, the applicant miners to pay the respondent landholders compensation in the total amount of $13,146.21, payable by way of instalments, with the sum of $796.21 payable within 30 days of the grant of the mining lease, followed by 19 equal instalments of $650 payable on or before each anniversary of the grant of the mining lease.

2. As regards MLA70407, the applicant miners to pay the respondent landholders compensation in the total amount of $13,146.21, payable by way of instalments, with the sum of $796.21 payable within 30 days of the grant of the mining lease, followed by 19 equal instalments of $650 payable on or before each anniversary of the grant of the mining lease.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Slater & Anor v Appleton & Anor [2012] QLC 0007
PARTIES:	Sharyn Patricia Slater and Christopher Ian Slater (applicants)
v.
Victor John Edward Appleton and Janet Anne Appleton (respondents)
FILE NOs:	MRA018-10 MRA020-10
DIVISION:	Land Court of Queensland
PROCEEDING:	Determinations of compensation
DELIVERED ON:	24 February 2012
DELIVERED AT:	Brisbane
HEARD AT:	Clermont
MEMBER:	Mr PA Smith
ORDERS:	1. As regards MLA70406, the applicant miners to pay the respondent landholders compensation in the total amount of $13,146.21, payable by way of instalments, with the sum of $796.21 payable within 30 days of the grant of the mining lease, followed by 19 equal instalments of $650 payable on or before each anniversary of the grant of the mining lease. 2. As regards MLA70407, the applicant miners to pay the respondent landholders compensation in the total amount of $13,146.21, payable by way of instalments, with the sum of $796.21 payable within 30 days of the grant of the mining lease, followed by 19 equal instalments of $650 payable on or before each anniversary of the grant of the mining lease.
CATCHWORDS:	MINING - COMPENSATION - for effect of mining lease on grazing land - miner only allowed to disturb part of lease area at any one time under environmental authority - compensation calculated on that part only, not lease area - additional compensation for rehabilitation after lease expiry MINING - COMPENSATION - right to have compensation reviewed if change of circumstances of lease - what can permit review - Mineral Resources Act 1989, s.283B
APPEARANCES:	Sharyn and Christopher Slater, self-represented Mr G Houen, agent for Victor and Janet Appleton