Valenti v Struber - [2015] QLC 17

LAND COURT OF QUEENSLAND

CITATION: Valenti v Struber & Anor [2015] QLC 17

PARTIES: Mario Rosario Valenti and Joyce Valenti
(applicants)

v

Stephen Struber and Dianne Wilson-Struber
(respondents)

FILE NOS:

MRA 370-14 MRA 442-14 MRA 443-14 MRA444-14

PROCEEDINGS: Determination of compensation payable for renewal of mining leases.

DELIVERED ON: 22 June 2015

DELIVERED AT: Atherton

HEARD ON: Submissions closed 20 May 2015

HEARD AT: Heard on the papers

MEMBER:
GJ Smith, Judicial Registrar

ORDERS:

In the case of ML 3076 compensation is determined in the total sum of $277.50 per annum

In the case of ML40079 compensation is determined in the total sum of $214.00 per annum

In the case of ML 6719 compensation is determined in the total sum of $260.00 per annum

In the case of ML 3077 compensation is determined in the total sum of $300.00 per annum

The miners pay compensation to the landowners in the amounts set out in orders 1 to 4 hereof within two months from notification of the renewal of the mining lease by the DNRM and thereafter on the anniversary of the renewal of the mining lease.

CATCHWORDS:
MINING LEASE – renewal - determination of compensation –use of Court judgments for determination purposes.

Mineral Resources Act 1989, ss 279, 281

Wills v Minerva Coal Pty Ltd [No.2] (1998) 19 QLCR 297

Unimin Australia Limited v Freeman [2007]QLC 0076
DW Lowe & Anor & R Struber & Anor [2005] QLRT 27
DW Lowe & Anor & R Struber & Anor [2005] QLRT 28
DW Lowe & Anor & R Struber & Anor [2005] QLRT 33
Fitzgerald & Anor v Struber & Ors [2014] QLC 29
Fitzgerald & Anor v Struber & Anor [2009] QLC 0076

Eacham Abrasive Blasting Pty Ltd v Gundersen & Anor

[2014] QLC 38

APPEARANCES: Not applicable

These proceedings concern referrals to the Land Court by the Principal Mining Registrar pursuant to s 279(5) of the Mineral Resources Act 1989 (MRA) for the determination of compensation in respect of the renewal of mining leases.

Background

The applicants, M.R and J Valenti (the miners) seek the renewal of 4 leases located on land described as Lot 14 on SP250040. This property, known as Palmerville Holding is owned by the respondents Stephen Struber and Dianne Wilson Struber (the landowners).
Palmerville Holding is located in the Cook Shire Local Government area and is currently used for grazing by the landowners.
The specific Land Court references and individual lease and tenure details are set out as follows:

Court Reference Mining Lease
Tenure ID Area Term Lease Purpose

MRA 370-14 3076 29 ha 10 years Gold mining

MRA 442-14 40079 21.213 ha 10 years Gold mining

MRA 443-14 6719 0.1 ha 10 years Gold mining

MRA 444-14 3077 29.59 ha 10 years Gold mining
Relevant Legislation

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…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Valenti v Struber

Details

AGLC: Valenti v Struber & Anor [2015] QLC 17
Case: [2015] QLC 17
Decision Date: 22 June 2015

CaseChat Overview and Summary

The case of Valenti v Struber involved the determination of compensation for the renewal of mining leases. The dispute arose between the miners, represented by Struber, and the landowners, represented by Valenti. The case was heard in the Supreme Court of Queensland. The miners sought to renew certain mining leases, and the landowners contested the compensation payable for these renewals.

The legal issues in the case centred around the correct method for determining the compensation due to the landowners for the renewal of mining leases. The court had to decide whether the compensation should be determined by reference to the value of the mineral rights or by a formula based on previous court decisions. The court also needed to determine the appropriate compensation amount for each of the mining leases in question.

In delivering the judgment, the court found that the compensation for the renewal of mining leases should be determined by reference to the value of the mineral rights. The court held that the compensation should be calculated using a formula based on previous court decisions. The court applied this formula to each of the mining leases in question, taking into account the specific circumstances of each case. The court then determined the compensation payable for each lease, resulting in the orders set out in the case.

The court ordered that the compensation payable for each mining lease be paid by the miners to the landowners within two months of the notification of the renewal of the mining lease by the Department of Natural Resources and Mines, and thereafter on the anniversary of the renewal of the mining lease. The specific amounts of compensation determined by the court for each lease are set out in the orders.

Orders

Orders of the court

1. In the case of ML 3076 compensation is determined in the total sum of $277.50 per annum

1. In the case of ML40079 compensation is determined in the total sum of $214.00 per annum

1. In the case of ML 6719 compensation is determined in the total sum of $260.00 per annum

1. In the case of ML 3077 compensation is determined in the total sum of $300.00 per annum

1. The miners pay compensation to the landowners in the amounts set out in orders 1 to 4 hereof within two months from notification of the renewal of the mining lease by the DNRM and thereafter on the anniversary of the renewal of the mining lease.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Court Reference	Mining Lease Tenure ID	Area	Term	Lease Purpose
MRA 370-14	3076	29 ha	10 years	Gold mining
MRA 442-14	40079	21.213 ha	10 years	Gold mining
MRA 443-14	6719	0.1 ha	10 years	Gold mining
MRA 444-14	3077	29.59 ha	10 years	Gold mining