Taylor v Allen

LAND COURT OF QUEENSLAND

CITATION:

Taylor v Allen [2016] QLC 52

PARTIES:

Andrew John Taylor
(applicant)

v

Ian John Allen

(respondent)

FILE NO:

MRA089-16

DIVISION:

General Division

PROCEEDING:

Determination of compensation for grant of a mining claim.

DELIVERED ON:

6 September 2016

DELIVERED AT:

Brisbane

HEARD ON:

Submissions closed 16 May 2016

HEARD AT:

Heard on the papers

JUDICIAL REGISTRAR:

GJ Smith

ORDERS:

1.     Compensation is determined in the total sum of Three Hundred and Thirty Dollars ($330).

2.     The miner is to pay compensation to the respondent in the amount set out in Order 1 hereof within three (3) months of the grant of Mining Claim 300019 by the Department of Natural Resources and Mines.

CATCHWORDS:

MINING CLAIM – grant – determination of compensation – factors to be considered – no material provided by either party.

Mineral Resources Act 1989, s 85 (12)
Land Court Rules 2000, Rule 36A

Kaljevic v Mills & Anor [2010] QLC 124

Mitchell v Oakhill and Mitchell (Unreported, Land Court of Queensland, JJ Trickett, President, 10 March 1998)
Tully v Colac Cable Harvesting Pty Ltd [2015] QLC 35
Unimin Australia Limited v Freeman [2007] QLC 76
Wills v Minerva Coal Pty Ltd [No.2] (1998) 19 QLCR 297

APPEARANCES:

Not applicable

1. This matter involves a referral to the Land Court by the Chief Executive, Department of Natural Resources and Mines (DNRM) pursuant to s 85(12) of the Mineral Resources Act 1989 (MRA) for the determination of compensation in respect of the grant of mining claim 300019 (MC 300019).

Background

1. The applicant, Andrew John Taylor (the miner) has applied for the grant of MC 300019 over land located approximately 90 kilometres south of Isisford in the Winton District. The land is within the Longreach Regional Council local government area. The grant is sought for a period of 10 years.  The purpose of the claim is for the mining of opal.

2. The relevant area concerns an access track approximately 4.88 ha in area across land owned by Ian John Allen (the landowner). The land is more particularly described as Lot 1934 on PH848 and is used for grazing by the respondent.

Relevant Legislation

1. Section 85 of the MRA provides that a mining claim shall not be granted or renewed unless compensation has been determined (whether by agreement or by determination of the Land Court) between the applicant and each person who is the owner of land the subject of the application and of any surface access to that land. In respect of this matter, no agreement has been lodged with DNRM and accordingly the matter has been referred to the Land Court for determination.

2. The matters that must be considered by the Court are set out in s 85(7) of the MRA which provides that an owner of land is entitled to compensation for:

   (a)   deprivation of possession of the surface of land of the owner;
   (b)   diminution of the value of the land of the owner or any improvements thereon;

   (c)   diminution of the…