Walmsley v King
[2009] QLC 150
•14 October 2009
LAND COURT OF QUEENSLAND
CITATION: Walmsley & Ors v King [2009] QLC 0150
PARTIES:In the matter of Mining Lease No 7295 – Determination of compensation payable by Stephen Walmsley & Ors
FILE NO:MRA213-09
PROCEEDING: Application for determination of compensation
DELIVERED ON: 14 October 2009
DELIVERED AT: Brisbane
MEMBER:Mr BR O’Connor, Judicial Registrar
ORDERS:1. Compensation determined at $1,100.
2. The miners pay the total compensation of $1,100 (in equal portions) to the landholders within two months from notification of the renewal of the mining lease by the Mining Registrar.
CATCHWORDS: MINING LEASE – DETERMINATION OF COMPENSATION
Mineral Resources Act 1989, s.279, 281
Re Wallace & Ors & Evans [2006] QLRT 93, applied
APPEARANCES: Not applicable – Heard on the Papers
Background
Stephen Walmsley, Denis McSparron, Charles Lund and Philip Rogers (the miners) currently hold ML7295. On 5 June 2008 the miners lodged an application for another renewal of the mining lease for a term of 10 years with the Mining Registrar, Emerald District.
This determination of compensation relates to access to the mining lease and for the mining lease itself which includes access over a property owned by Sharon Maree King and Neal William King.
Tribunal Practice Direction
On 9 June 2009 the Court sent letters to the miners and the landholders bringing the referral of this matter to the Court by the Mining Registrar to their attention, and advising them of their obligations under the Court Practice Direction. Timeframes for the submission of relevant material were provided to each party. Both parties made submissions to the Court which I have considered.
The absence of more detailed compensation evidence which can be tested under cross-examination clearly makes the task of the Court in determining compensation difficult. In the circumstances, I adopt the analysis of the legislative provisions, compensation principles and methodology applied by Mining Referee Windridge in Re Wallace & Ors & Evans.[1]
[1] [2006] QLRT 93.
Determination
Taking into account all heads of compensation in subsection 3 of s. 281 of the Mineral Resources Act 1989 (the Act), and absent details of the area of land required for access, and taking into account both parties submissions, I assess compensation for mining and access in the total sum of $1,000 for the term of the lease. I note that this is the amount offered by the miners to the landowners. Pursuant to s.281(4)(e) of the Act, I award the additional sum of $100.
Taking all relevant factors into account, I order that the miners pay the total compensation of $1,100 to the landholders within two months from notification of the renewal of the mining lease by the Mining Registrar.
BR O’CONNOR
JUDICIAL REGISTRAR
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