Yarrabee Coal Company Pty Ltd v Central Highlands

[2008] QLC 94

LAND COURT OF QUEENSLAND

CITATION:	Yarrabee Coal Company Pty Ltd v Central Highlands [2008] QLC 0094
PARTIES:	In the matter of Mining Lease 1770 – Application by Yarrabee Coal Company Pty Ltd for determination of compensation payable to Central Highlands Council
FILE NO:	MLC00066/2008
PROCEEDING:	Application for determination of compensation
DELIVERED ON:	22 May 2008
DELIVERED AT:	Brisbane
MEMBER:	Mr FW Windridge, Judicial Registrar
ORDER/S:	Application for determination of compensation is struck out.
CATCHWORDS:	MINING  LEASE – DETERMINATION OF
COMPENSATION
Mineral Resources Act 1989, ss 279, 281
COUNSEL:	Not applicable – Heard on the Papers

Background

1. The applicant Yarrabee Coal Company Pty Ltd (the miner) seeks the renewal of Mining Lease 1770 in the Rockhampton District. The application for renewal for a term of 15 years was lodged at the office of the Mining Registrar on 15 February 2007. The lease is granted for the purpose of open cut mining operations and infrastructure support for those operations.

2. The lease is located as per the description in the renewal application. The lease is over an area of 1,292 ha.

The Act

1. Section 279 of the Mineral Resources Act 1989 (“the Act”) provides that a mining lease shall not be granted or renewed unless an agreement in relation to compensation has been filed at the office of the Registrar, or in the absence of such an agreement, a determination of compensation has been made by the Court. In this instance, no agreement has been lodged with the Registrar and the matter has been referred to the Court for determination.

2. The Court is advised that since lodgement of the application, the land has been handed to the Crown and by a Deed of Renunciation, the Honourable the Minister for Natural Resources has renounced all rights to compensation upon the grant of the Mining Lease Application.

3. I am satisfied that an agreement for compensation is now not necessary for Mining Lease 1770.

4. The application for determination of compensation in respect of Mining Lease 1770 is struck out.

FW WINDRIDGE
JUDICIAL REGISTRAR