Wallace & Ors v Bottomer & Ors

[2015] QLC 23

LAND COURT OF QUEENSLAND

CITATION:

Wallace & Ors v Bottomer & Ors [2015] QLC 23

PARTIES:

Ian Earl Wallace, Robert John Wallace and Rosemary Yvonne Wallace
(applicants)

v

Ross Bottomer as PR, Bruce William and Douglas Trevor Rankine Farms Pty Ltd as TTE and Heather Dawn Sutton as PR
(respondents)

FILE NO:

MRA019-13

DIVISION:

General Division

PROCEEDING:

Determination of compensation payable for renewal of mining lease

DELIVERED ON:

28 July 2015

DELIVERED AT:

Brisbane

HEARD ON:

Submissions closed 20 March 2015

HEARD AT:

Heard on the Papers

MEMBER:

PA Smith

ORDER:

1.    Compensation is determined in the total sum of Three Hundred and Thirty Dollars ($330.00).

2.    Ian Earl Wallace, Robert John Wallace and Rosemary Yvonne Wallace pay the total compensation of $330.00 to Ross Bottomer as PR, Bruce William and Douglas Trevor Rankine Farms Pty Ltd as TTE and Heather Dawn Sutton as PR within two months of the renewal of ML 4878.

CATCHWORDS:

MINING LEASE – determination of compensation – factors to be considered – lack of material from parties

Land Court Act 2000
Mineral Resources Act 1989
State Development and Public Works Organisation and Other Legislation Amendment Act 2015
BHP Billiton Mitsui Coal Pty Ltd v Isdale & Ors [2015] QSC 107
Burtenshaw v Mudge [2015] QLC 1
Fitzgerald v Struber [2009] QLC 76
Horn v Sunderland Corporation [1941] 2 KB 26
McGrath v Callaghan & Ors [2011] QLC 29
Mitchell v Oakhill and Mitchell (10 March 1998) unreported
Richardson v Barrett [2001] QLRT 89
Shaw v Heritage Holdings Pty Ltd (1992-93) 14 QLCR 139
Smith v Cameron (1986) 11 QLCR 64
Unimin Australia Limited v Maurice and Tricia Freeman (2007) QLC 76

APPEARANCES:

Not applicable

Background

1. The applicants Ian Earl Wallace, Robert John Wallace and Rosemary Yvonne Wallace (the miners) currently hold Mining Lease (ML) 4878. They applied for a renewal of ML 7848 on 10 June 2011 for a period of 20 years.

2. The ML is partly located on land which is owned by Ross Bottomer as PR, Bruce William and Douglas Trevor Rankine Farms Pty Ltd as TTE and Heather Dawn Sutton as PR (the landholders).

3. From mapping material provided by the Mining Registrar, Mareeba, the area of ML 4878 on the landholders’ property is about 1.5 ha.

4. As a consequence of the Supreme Court decision in BHP Billiton Mitsui Coal Pty Ltd v Isdale & Ors,[1] the decision in this matter was delayed. Following amendments to the Land Court Act 2000 (the LCA) by State Development and Public Works Organisation and Other Legislation Amendment Act 2015, and in particular amendments to s 35 of the LCA, it is now appropriate that this decision be delivered

   [1][2015] QSC 107.

Principles of compensation

1. Section 279 of the Mineral Resources Act 1989 (MRA) provides that a mining lease shall not be granted or renewed unless an agreement in relation to compensation has been filed at the office of the Mining Registrar, or in the absence of such an agreement, a determination of…