Sloan & Anor v Weir & Gregcarbil Pty Ltd

LAND COURT OF QUEENSLAND

CITATION:

Sloan & Anor v Weir & Gregcarbil Pty Ltd  [2009] QLC 0183

PARTIES:

Barry W and Emma L Sloan
(applicants)

v.

Kelven John Weir and Gregcarbil Pty Ltd
(respondents)

FILE NO:

MRA1320-08 (formerly MLC0113-08)

DIVISION:

General Division

PROCEEDING:

Application for compensation for renewal of mining lease

DELIVERED ON:

24 December 2009

DELIVERED AT:

Brisbane

HEARD AT:

Written submissions

PRESIDENT:

Mrs CAC MacDonald

ORDERS:

1.    Compensation is determined in the sum of Five Thousand , Five Hundred Dollars ($5,500). 

2.    The respondents are ordered to pay Two Thousand, Two Hundred Dollars ($2,200) to the applicant within one month of the date of this decision.

3.    The respondents are ordered to pay the balance compensation of Three Thousand, Three Hundred Dollars ($3,300) to the applicants by three instalments of One Thousand, One Hundred Dollars ($1,100) each, on or before 1 July 2010, 1 July 2011 and 1 July 2012.

CATCHWORDS:

Mining lease renewal – compensation – claim for loss of value of land by landowners – claim allowed in part – effect of surrender of lease.

1. This is an application by Barry William and Emma Louise Sloan for a determination of compensation under the provisions of the Mineral Resources Act 1989 (the Act) in respect of the renewal of Mining Lease 70211.  The respondents to this application are Kelven John Weir and Gregcarbil Pty Ltd who are the holders of Mining Lease 70211.  The mining lease was previously held by Mr Weir and Mr MW Bayly.  Mr Bayly's share in the lease was transferred to Gregcarbil Pty Ltd on 8 August 2008 and, consequently, the claim for compensation has proceeded against Gregcarbil in lieu of Mr Bayly.

2. With the consent of the parties, this matter has been dealt with on the papers. 

3. Mining Lease 70211 expired on 30 June 2008.  The respondents have applied for a renewal of that lease for a period of five years.  The lease partially covers Lot 63 on PT 358 in the County of Plantagenet, Parish of Anakie, which is owned by the applicants.  Part of Lot 63 is also subject to access to the lease.  The balance of Mining Lease 70211 partially covers Lot 5 on CLM 597 GHPL 37/3210A County of Clermont, Parish of Keilambete and is the subject of a separate application for compensation by the owner of that property, Rodney Keith Barrett.  The Court's determination of the compensation payable to Mr Barrett is dealt with in a separate decision.

4. The lease has an area of 71.2743 ha and was granted for the purpose of mining silver ore, gold, diamond, lead ore, sapphire and zircon and to establish a tailings/settling dam and treatment plant/mill site.  The applicants' land is used for the purpose of grazing.

5. Section 279(1)(a) of the Act provides that a mining lease shall not be renewed unless compensation has been determined (whether by agreement or determination of the Land Court).  As the parties have not reached agreement as to the amount of compensation payable in respect…