Woels v Hicks

[2021] QLC 31

LAND COURT OF QUEENSLAND

CITATION:

Woels v Hicks [2021] QLC 31

PARTIES:

Maximillian Jason Woels
(applicant)

v

Cameron Jeffrey Hicks
(respondent)

FILE NO:

MRA033-21

DIVISION:

General Division

PROCEEDING:

Determination of compensation payable for renewal of mining lease

DELIVERED ON:

16 September 2021

DELIVERED AT:

Brisbane

HEARD ON:

Submissions closed on 20 August 2021
Matter allocated on 3 September 2021

HEARD AT:

Heard on the papers

MEMBER:

JR McNamara

ORDER:

I determine that Maximillian Jason Woels must pay Cameron Jeffrey Hicks compensation in respect of ML 2049 as follows:

1.   Two thousand dollars and zero cents ($2,000).

2.   The applicant must pay the amount set out in order 1 within 1 month of the grant of the renewal of ML 2049 and then annually on the anniversary of the grant of the renewal of ML 2049 by the Department of Resources.

CATCHWORDS:

ENERGY AND RESOURCES – MINERALS – MINING FOR MINERALS – COMPENSATION – where the Land Court has twice before determined compensation payable by the applicant to the respondent – where there is no determination of the diminution of the value of the land – where the Land Court ordered compensation payable for the diminution of the use made or which may be made of the land under s 281(3)(a)(iii) – where no compensation payable for surface rights of access under s 281(3)(a)(v) – where the Land Court awarded compensation for loss or expense and for an additional amount to reflect the compulsory nature of the action taken

Mineral Resources Act 1989 (Qld) s 281

Australian Asiatic Gems Pty Ltd v Grabbe & Anor [2021] QLC 25, cited
Corella Valley Corporation Pty Ltd v Campbell [2021] QLC 26, cited
Land & Anor v Grabbe & Anor [2021] QLC 1, followed
Mitchell v Oakhill and Mitchell (1998) 19 QLCR 66; [1998] QLC 25, considered
Sawyer v Grabbe & Anor [2021] QLC 27, cited
Skilton v 2PL Superannuation Pty Ltd (No 2) [2020] QLC 8, applied
Woels v Hicks [2010] QLC 137, cited
Woels v Hicks [2015] QLC 34, cited

APPEARANCES:

Not applicable

Introduction

1. The applicant Mr Woels was ‘born and raised on the Gemfields’.[1] Keilambete Station (‘Keilambete), owned by the respondent Mr Hicks, is west of Rubyvale. Mr Woels has held ML 2049 which is on Keilambete since late 2007. He mines for sapphire. The mining lease first commenced in 1991. It has been renewed six times since then. Mr Woels has made an application to renew the mining lease again for a further term of 10 years.

   [1]Applicant’s Response filed 19 August 2021.

1. Because compensation was not agreed between Mr Woels and Mr Hicks, the renewal of the mining lease could not be granted unless compensation was determined by the Land Court. An application was made to the Court for that purpose. Orders were made for a compensation statement and evidence to be provided by Mr Hicks, and a response to that material by Mr Woels. After discussing the matter further at…