Slater v Appleton (No. 2)

[2013] QLC 13

LAND COURT OF QUEENSLAND

CITATION:

Slater & Anor v Appleton & Anor (No. 2) [2013] QLC 13

PARTIES:

Christopher Ian Slater and Sharyn Patricia Slater
(applicants)

v.

Victor John Edward Appleton and Janet Anne Appleton
(respondents)

FILE NOs:

MRA161-12, MRA172-12 and MRA173-12

DIVISION:

Land Court of Queensland

PROCEEDING:

Applications to amend compensation

DELIVERED ON:

22 March 2013

DELIVERED AT:

Brisbane

HEARD AT:

On the Papers

MEMBER:

Mr PA Smith

ORDERS:

The original compensation in each mining lease is confirmed.

CATCHWORDS:

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

Mineral Resources Act 1989, s.283B
Environmental Protection Act 1994, s.149

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

APPEARANCES:

Sharyn and Christopher Slater, self-represented
No submissions by the respondents

Background

1. I have before me three applications to amend compensation with respect to three granted Mining Leases being ML70346, ML70406 and ML70407.

2. Each mining lease is held under the same ownership, being Christopher Ian Slater and Sharyn Patricia Slater (“the miners”). Each mining lease is on land owned by Victor John Edward Appleton and Janet Anne Appleton (“the landholders”).

3. The applications have been brought pursuant to s.283B of the Mineral Resources Act 1989 (“the MRA”) which provides as follows:

   “283B    Review of compensation by Land Court

   (1)   This section applies if—

   (a)compensation has been agreed under section 279 or 280 or determined under section 281 or 282 for a mining lease (the original compensation); and

   (b)there has, since the agreement or determination, been a material change in circumstances for the mining lease.

   Example of a material change in circumstances—

   a different mining method that changes the impact of mining operations under the lease

   (2) The mining lease holder or any owner in relation to the mining lease mentioned in section 279(1)(a) or 280(1) may apply to the Land Court for it to review the original compensation.

   (3) Sections 281(3) to (7), 282 and 282A apply, with necessary changes, to the review as if it were an application under section 281(1).

   (4)   The Land Court may, after conducting the review, decide to confirm the original compensation or amend it in a way the Land Court considers appropriate.

   (5)   However, before making the decision, the Land Court must have regard to—

   (a)the original compensation, other than any part of it that consists of an additional amount under section 281(4)(e); and

   (b)whether the applicant has attempted to mediate or negotiate an amendment agreement for the original compensation; and

   (c)any change in the matters mentioned in section 281(3) and (4) since the original compensation was agreed or determined.

   (6)   If the decision is to amend the original compensation, the original compensation, as amended under the decision, is for this Act, other than this section, taken to be the original compensation.”

1. It should be noted that compensation with respect to ML70406 and ML70407 was determined by this Court on 24 February 2012.[1]