Slater & Anor v Appleton & Anor

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.