Stoverink, A v Higgins

LAND COURT OF QUEENSLAND

CITATION:

Stoverink, B v Higgins; Stoverink, A v Higgins                 [2016] QLC 26*

PARTIES:

Bernardus Johannes Maria Stoverink
(applicant MRA389-15)

Antonius Gerhardus Albertus Stoverink
(applicant MRA388-15)

v

Andrew Massey Home Higgins
(respondent)

FILE NO:

MRA388-15 & MRA389-15

DIVISION:

General Division

PROCEEDING:

Determination of compensation for renewal of mining claims

DELIVERED ON:

21 April 2016

DELIVERED AT:

Brisbane

HEARD ON:

Submissions closed on 11 November 2015

HEARD AT:

Heard on the papers

JUDICIAL REGISTRAR:

GJ Smith

ORDERS:

1.          In respect of MC60049 compensation is determined in an amount of $45 per annum in respect of the renewal period of 5 years, giving a total amount of $225.

2.          That Bernardus Johannes Maria Stoverink

pay compensation to the respondent in the amount set out in Order 1 within one month from notification of the renewal of the mining claim by the Department of Natural Resources and Mines.

3.          In respect of MC60301 compensation is determined in an amount of $410 per annum in respect of the renewal period of 10 years, giving a total amount of $4100.

4.          That Antonius Gerhardus Albertus Stoverink

pay compensation to the respondent in the amount set out in order 3 within four months from notification of the renewal of the mining claim by the Department of Natural Resources and Mines.

CATCHWORDS:

MINING CLAIM – determination of compensation -renewal – factors to be considered – weight of material provided – impact of mining and drought conditions.
Mineral Resources Act 1989, s 85
Land Court Rules 2000, Rule 36A

Fazzari v Colonial Agricultural Company Limited [2003] QLRT 38
Mitchell v Oakhill and Mitchell (Unreported, Land Court of Queensland, JJ Trickett, President, 10 March 1998)
Wills v Minerva Coal Pty Ltd [No 2] (1998) 19 QLCR 297

APPEARANCES:

Not applicable

1. This matter involves two referrals to the Land Court pursuant to s 85(5) of the Mineral Resources Act 1989 (MRA) for the determination of compensation in respect of the renewal of a mining claim.

Background

1. Bernardus Johannes Maria Stoverink applied for the renewal of Mining Claim 60049 on 23 January 2015 and Antonius Gerhardus Albertus Stoverink applied for the renewal of Mining Claim 60301 on 30 March 2015.  The land upon which the Mining Claims are located is approximately 80 km north-west of Cunnamulla in the Quilpie District.  The land is within the Paroo Shire Council local government area.  The purpose of the proposed renewal is for the mining of opal, gemstones and corundum.

2. The land upon which the Mining Claims and access tracks are situated is known as Boobera Station and is owned by Andrew Massey Home Higgins (the respondent).  The land is more particularly described as Lot 21 on Plan HU 53 and is approximately 26452.73 hectares in area.  The opal mined on Boobera Station is known as the Koroit Opal.

3. The specific Land Court reference and tenure details are set out as follows: 

Court Reference	Tenure ID	Tenure Area	Access	Term
MRA388-15	MC60301	12.67 ha	1 km	10 years
MRA389-15	MC60049