Wills v Minerva Coal Pty Ltd [No.2]

Michael John Wills appeals against the determination of compensation payable under Section 282 of the Mineral Resources Act 1989 in respect of Mining Lease No. 70145 in the Emerald Mining District. The respondent, Minerva Coal Pty Ltd, made an application for a mining lease on Wills' land, covering 930.75 ha of his property. The Wardens Court determined compensation to be $941,813, which Wills contests on several grounds. The Land Court must consider the things relevant to the appeal that the Wardens Court was required to consider when making the decision appealed against. The Court must consider the evidence and law, and submit how the result should be changed. The Land Court may vary the determination of the Wardens Court or disallow the appeal and confirm the determination of the Wardens Court, and may make such order as to costs of the appeal as it thinks fit. The determination of the Land Court on appeal shall be final and conclusive. The Land Court has decided to allow the appeal and determine compensation as follows: Value of land, severance and injurious affection $895,000; Valuation fees $23,380; Legal fees $5,091; Costs of acquiring replacement land $25,000; Plus additional amount. The Court also invites submissions on the question of its jurisdiction to determine the additional amount under s.281(4)(e) MRA by having regard to the conclusions that it has drawn with respect to exposure to a CGT assessment. Furthermore, the Court invites submissions on the form that final orders should take.