Valantine v Henry

[2018] QLC 21

LAND COURT OF QUEENSLAND

CITATION: 

Valantine v Henry  [2018] QLC 21

PARTIES:

 Lois Maree Valantine
(applicant)

v

Thomas Peter Henry
(respondent) 

FILE NO:

MRA007-17

DIVISION:

General division

PROCEEDING:

Determination of compensation payable for grant of mining lease

DELIVERED ON:

17 August 2018

DELIVERED AT:

On the papers

HEARD ON:

Submissions closed 17 November 2017
Matter allocated 19 March 2018

HEARD AT:

Brisbane

MEMBER:

PA Smith

ORDERS:

1.   Compensation is determined for the grant of MLA 100020 in the total sum of Twenty Thousand dollars ($20,000)

2.   Ms Valentine is ordered to pay Mr Henry the sum of $20,000 by way of yearly instalments of $1,000, the first instalment to be paid within 1 month of the grant of MLA 100020 and the further instalments yearly thereafter for the 20 year term of the lease.

CATCHWORDS:

MINING LEASE – COMPENSATION – DETERMINATION OF COMPENSATION – compensation amount – factors to be considered – value of land – area of mining lease – severance – land use – access – area of mining lease
MINING LEASE – COMPENSATION -  exclusive possession – landholder rights – landholder right of entry and access to mining lease area – whether miner may exclude landholder from mining lease area

EVIDENCE – GENERAL PRINCIPLES – RULINGS AND FINDINGS – whether evidence speculative, argumentative or relevant – Land Court not bound by rules of evidence

EVIDENCE – GENERAL PRINCIPLES – RULINGS AND FINDINGS – evidence of things said in a without prejudice preliminary conference – whether evidence should be excluded

Land Court Act 2000, s 7
Mineral Resources Act 1989, s 235, s 279, s 281, s 403

Barrett v Weir and Gregcarbil Pty Ltd [2009] QLC 182, applied
Carabella Resources Limited v Goodwin [2016] QLC 32, applied
ERO Georgetown Gold Operations Pty Ltd v Henry [2015] QLAC 4, considered
ERO Georgetown Gold Pty Ltd v Henry [2015] QLC 22, applied
Henry  v ERO Georgetown Gold Operations Pty Ltd [2015] QLC 13, applied
Horn v Sunderland Corporation [1941] 2 KB 26, followed
Mitchell v Oakhill and Mitchell (1998) 19 QLCR 66, applied
North Queensland Mining Pty Ltd  v Struber & Anor [2016] QLC 4, applied
Richardson v Barrett [2001] QLRT 89, applied  
Salmon v Armstrong [2002] QLRT 54, followed
Shaw v Heritage Holdings Pty Ltd (1992-93) 14 QLCR 139, applied
Smith v Cameron (1986) 11 QLCR 64, applied
Valentine v Etheridge Shire Council [2016] QLC 55, applied
Zapponi v Struber & Anor [2010] QLC 67, applied

APPEARANCES:     Not applicable

Background

1. The applicant miner Ms Valantine has applied for Mining Lease 100020 (MLA 100020). MLA 100020 is situated on Lot 2 GB 110 and known as ‘Flat Creek Station’ (Lot 2). Lot 2 is located approximately 28 kilometres south, south-west of Georgetown and is 13,800 ha in size and is used for grazing, cattle breeding, and fattening, and has a carrying capacity of approximately 1,380 adult equivalent (AE) beasts. Lot 2 is adequately equipped with bores, tanks and…