Woels v Hicks

[2015] QLC 34

LAND COURT OF QUEENSLAND

CITATION:

Woels v Hicks  [2015] QLC 34

PARTIES:

Maximillian Jason Woels
(applicant)

v

Cameron Jeffrey Hicks
(respondent)

FILE NO:

MRA 531-14

DIVISION:

General Division

PROCEEDING:

Determination of compensation for renewal of mining lease

DELIVERED ON:

6 August 2015

DELIVERED AT:

Brisbane

HEARD ON:

Submissions closed on 26 February 2015

HEARD AT:

Heard on the papers

JUDICIAL REGISTRAR:

GJ Smith

ORDERS:

1.           1.  Compensation is determined in the total sum of One     Thousand and Seven Hundred Dollars ($1,700.00).

2.   2. The miner is to pay compensation to the respondent in the amount set out in Order 1 hereof within three (3) months of the renewal of Mining Lease 2049 by the Department of Natural Resources and Mines. 

CATCHWORDS:

MINING LEASE – determination of compensation -renewal - factors to be considered - limited material provided by either party.

Mineral Resources Act 1989, ss 279, 279A, 281.
Land Court Rules 2000, Rule 36A
Unimin Australia Limited v Freeman [2007] QLC 76
Woels v Hicks [2010] QLC 037

APPEARANCES:

Not applicable

1. This matter involves a referral to the Land Court pursuant to s 281(1) of the Mineral Resources Act 1989 (MRA) for the determination of compensation in respect of the renewal of a mining lease.

Background

1. On 30 May 2014, Maximillian Jason Woels (the miner) applied for the renewal of Mining Lease 2049 over land located at Keilambete Station, west of Rubyvale in the Emerald District. The land is within the Central Highlands Regional Council local government area. Further renewal is sought for a period of 5 years.  The purpose of the proposed renewal is for the mining of corundum, gemstone, sapphire and zircon.

2. Access to the mining lease area is over land owned by Cameron Jeffrey Hicks (the respondent). The land is more particularly described as Lot 19 on CLM 694 GHFL 3735A.  The mining lease area contains an area of 14.5427 hectares. 

Relevant Legislation

1. Section 279 of the MRA provides that a mining lease shall not be granted or renewed unless an agreement in relation to compensation has been filed or, in the absence of such an agreement, a determination of compensation has been made by the Land Court. In this matter, no agreement has been lodged with the Department of Natural Resources and Mines (DNRM) and the matter has been referred to the Land Court for determination.

2. Section 281 of the MRA identifies the matters which must be considered by the Court when determining compensation. In particular, s 281(3)(a) provides that an owner of land is entitled to compensation for:

   (i)deprivation of possession of the surface of land of the owner;

   (ii)diminution of the value of the land of the owner or any improvements thereon;

   (iii)diminution of the use made or which may be made of the land of the owner or any improvements thereon;

   (iv)severance of any part of the land from other parts thereof or from other land of the owner;

   (v)any surface rights of access;

   (vi)all loss or expense that arises; as…