Wallace v O'Shea; Wallace v O'Shea

LAND COURT OF QUEENSLAND

CITATION:

Wallace v O’Shea & Ors; Wallace v O’Shea & Anor [2021] QLC 6*

PARTIES:

Ian Earl Wallace
(applicant)

v

Lance Frank O’Shea

(respondent)

Bradley Thomas O’Shea

(respondent)

Emma Elizabeth O’Shea

(respondent)

FILE NO:

MRA029-20

PARTIES:

Ian Earl Wallace
(applicant)

v

James William Malcolm O’Shea

(respondent)

Janelle Lynette O’Shea

(respondent)

FILE NO:

MRA031-20

DIVISION: 

General Division

PROCEEDING:

Determination of compensation payable for grant of mining lease

DELIVERED ON:

26 February 2021

DELIVERED AT:

Brisbane

HEARD ON:

Submissions closed 29 January 2021

HEARD AT:

Heard on the papers

MEMBER:

PG Stilgoe OAM

ORDERS:

I determine:

1.   no compensation in respect of ML 100188 on Lot 355 of OL428; and

2. compensation in respect of ML 100188 on Lot 418 of OL47 in the sum of One Thousand, Six Hundred and Fifty Dollars ($1,650) including an uplift pursuant to s 281(4)(e) in the sum of One Hundred and Fifty Dollars ($150).

CATCHWORDS:

ENERGY AND RESOURCES – MINERALS – MINING FOR MINERALS – COMPENSATION – where the applicant owned a mining lease situated on the land of the respondents – whether and, if so, what compensation was payable under s 281 of the Mineral Resources Act 1989 – where the respondents had not engaged with the Court

Mineral Resources Act 1989 s 281

Kelly v Chelsea on the Park Pty Ltd [2020] QLC 36, cited
Land & Anor v Grabbe & Anor [2021] QLC 1, applied
Lonergan & Anor v Friese [2020] QLAC 3, cited

APPEARANCES:

Not applicable

1. Ian Earl Wallace has in principle approval for a mining lease on land near Almaden, in far north Queensland (ML100188). The lease is for a period of five years. The mine and part of the access track lies in Lot 418 of OL47, covering 15.85 ha. The balance of the track lies in Lot 355 of OL428.

1. Lot 355 is owned by James William Malcolm and Janelle Lynette O’Shea. Lot 418 is owned by Lance Frank O’Shea, Bradley Thomas O’Shea and Emma Elizabeth O’Shea. The two lots are collectively known as Spring Valley Station.

1. Mr Wallace must pay the O’Sheas compensation before the mining lease is granted. The parties have not agreed on compensation so the Department of Natural Resources, Mines and Energy (DNRME), as it then was, referred the issue to the Court.

1. The factors I must consider when determining compensation are those set out in s 281(3) of the Mineral Resources Act 1989 (MRA). Despite numerous invitations in the form of Court orders and notifications of review hearings, the O’Sheas have not engaged with the Court. Therefore, I am compelled to decide compensation with some information from Mr Wallace and none from the O’Sheas.

Deprivation of the surface of the land – s 281(3)(a)(i)

1. Mr Wallace submits that there is no deprivation of the surface of the land as a result of the mining lease.

1. That proposition is true of the access track, because it already exists to service another lease Mr Wallace holds. The additional…