Walker v Cook Shire Council

[2015] QLC 19

LAND COURT OF QUEENSLAND

CITATION:

Walker v Cook Shire Council [2015] QLC 19

PARTIES:

Donald Robin Walker
(applicant)

v

Cook Shire Council
(respondent)

FILE NO:

MRA035-15

DIVISION:

General Division

PROCEEDING:

Determination of compensation for grant of mining lease

DELIVERED ON:

2 July 2015

DELIVERED AT:

Brisbane

HEARD ON:

Submissions closed on 26 March 2015

HEARD AT:

Heard on the papers

MEMBER:

GJ Smith, Judicial Registrar

ORDERS:

1.    Compensation is determined in the total sum of One Thousand Two Hundred and Ninety Dollars ($1,290.00).

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 issue of Mining Lease 20654 by DNRM.

CATCHWORDS:

MINING LEASE – determination of compensation –renewal factors to be considered – no material provided by either party – use of judgments for determination purposes.

Mineral Resources Act 1989, ss 279, 281.
Land Court Rules 2000, r 36A

Donovan v Struber & Anor (2009) QLC 160
Unimin Australia Limited v Freeman (2007) QLC 0076
Eacham Abrasive Blasting Pty Ltd v Gundersen & Anor
[2014] QLC 38

Oosen v Emu Creek Bar-Barrum Aboriginal Corporation (2008) QLC 23
Re Fitzgerald & Anor (2009) QLC 15
Re Fitzgerald and Hughes (2009) QLC 73
Re Kimmoth & Poole (2009) QLC 117

APPEARANCES:

Not applicable

1. This matter involves a referral to the Land Court pursuant to s 279(5) of the Mineral Resources Act 1989 (MRA) for the determination of compensation in respect of the grant of a mining lease.

Background

1. On 23 December 2009, Donald Robin Walker (the miner) applied for the issue of Mining Lease 20654 over land located approximately 100 km west south-west of Laura in the Mareeba District and within the Cook Shire local government area.  The term applied for is 20 years.  The purpose of the lease is for the mining of gold, silver, garnet, ilmenite, platinum, rare earths, rutile, xenotime and zircon.

2. Mapping data provided by the Department of Natural Resources and Mines (DNRM) indicates that 5.85 ha of ML 20654 is located within a road reserve under the control of the Cook Shire Council (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…