Tully v Colac Cable Harvesting Pty Ltd

LAND COURT OF QUEENSLAND

CITATION:

Tully v Colac Cable Harvesting Pty Ltd  [2015] QLC 35

PARTIES:

Bruce Cameron Tully
(applicant)

v

Colac Cable Harvesting Pty Ltd
(respondent)

FILE NO:

MRA 076-15

DIVISION:

General Division

PROCEEDING:

Determination of compensation for renewal of mining lease

DELIVERED ON:

28 August 2015

DELIVERED AT:

Brisbane

HEARD ON:

Submissions closed on 29 May 2015

HEARD AT:

Heard on the papers

JUDICIAL REGISTRAR:

GJ Smith

ORDERS:

1.       1. Compensation is determined in the total sum of             One Thousand, Nine Hundred and Eighty Dollars ($1980.00).

2.   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 renewal of Mining Lease 7308 by Department of Natural Resources and Mines.

CATCHWORDS:

MINING LEASE – determination of compensation -renewal - factors to be considered - no material provided by either party.

Mineral Resources Act 1989, ss 279, 279A, 281.
Land Court Rules 2000, Rule 36A
Unimin Australia Limited v Freeman [2007] QLC 0076
Kaljevic v Mills & Anor [2010] QLC 124

APPEARANCES:

Not applicable

1. This matter involves a referral to the Land Court pursuant to s 279A of the Mineral Resources Act 1989 (MRA) for the determination of compensation in respect of the renewal of a mining lease.

Background

1. On 30 August 2012, Bruce Cameron Tully (the miner) applied for the renewal of Mining Lease 7308 over land located approximately 23 kilometres south-east of Highland Holdings in the Winton District. The land is within the Longreach Regional Council local government area. Further renewal is sought for a period of 10 years.  The purpose of the proposed renewal is for the mining of opal.

2. The mining lease area of 14.9578 hectares and access track of 1.53 km is situated over land owned by Colac Cable Harvesting Pty Ltd (the respondent). The land is more particularly described as Lot 1 on CJ10 Gooyea Holding and is used for grazing by the respondent.

Relevant Legislation

1. Section 279 of the MRA provides that a mining lease shall not be granted or renewed unless an agreement in relation to compensation has been filed or, in the absence of such an agreement, a determination of compensation has been made by the Land Court. In this matter, no agreement has been lodged with the Department of Natural Resources and Mines (DNRM) and the matter has been referred to the Land Court for determination.

2. Section 281 of the MRA identifies the matters which must be considered by the Court when determining compensation. In particular, s 281(3)(a) provides that an owner of land is entitled to compensation for:

   (i)deprivation of possession of the surface of land of the owner;

   (ii)diminution of the value of the land of the owner or any improvements thereon;

   (iii)diminution of the use made or which may be made of the land of the owner or any improvements thereon;

   (iv)severance of any part of the land from other parts thereof or from other land of the owner;

   (v)any…