Downie v Donaldson & Ors [2011] QLC 16

LAND COURT OF QUEENSLAND CITATION: Downie v Donaldson & Ors [2011] QLC 16 PARTIES: In the matter of Mining Claim No. 72102 – Determination of compensation payable by Douglas Norman Downie to Stuart Joseph Robert Donaldson & Jacqueline Maree Donaldson FILE NO: MRA 180-10 PROCEEDING: Application for determination of compensation DELIVERED ON: 30 March 2011 DELIVERED AT: Brisbane MEMBER: Mr BR O’Connor, Judicial Registrar ORDERS: 1. Compensation determined at $165. 2. The miner pay the total compensation of $165 to the landholders within two months from the issue of the issue of the grant by the Mining Registrar. CATCHWORDS: MINING LEASE – DETERMINATION OF COMPENSATION Mineral Resources Act 1989, s 281 APPEARANCES: Not applicable - Heard on the Papers Background [1] Douglas Norman Downie (the miner) made application for a Mining Claim No. 72102 on 16 November 2009 for a term of 10 years. The claim is located 15 km west of Rubyvale in the Emerald Mining Registrar’s District and has an area of 0.9036 hectares (ha). A second claim for a similar area has also been made. [2] This determination of compensation relates to access to the mining claim and the claim area itself both located on a property owned by Stuart Joseph Robert Donaldson & Jacqueline Maree Donaldson. [3] The miner has submitted that each claim is under one hectare in size and that the land is currently for grazing purposes; that the claims are wholly within Lot 4 on Plan SP112332 which is approximately 8,993 ha in size; that it is not intended to fence the -- 1 of 2 -- claims and stock will be free to graze and that one access road will service both claims. The road is approximately 4,000 metres x 10 metres wide. [4] The miner submits compensation for the ten year term of each claim should be $10 per ha per annum for the claims and for access road, $5 per ha per annum. [5] The landowners submitted to the miner a detailed compensation agreement. The key compensation provision is that the miner would pay the owners $1,000 for the full granting of the mining claim and access. Various other conditions included up to $2,000 being payable for possible mustering costs that should occur by reason of any act of negligence on the miner’s part. [6] The miner refused to sign this agreement and requested that the Court determine the issue of compensation on the papers. [7] Given the relatively small amount of compensation involved, it is appropriate that this matter be so dealt with on the papers. Determination [8] Taking into account all heads of compensation under s.85(7) of the Mineral Resources Act 1989 (the Act), I assess compensation for the mining claim in the sum of $10 per ha per annum, for the term of the claim which equates to $100. I also assess compensation for access in the sum of $5 per ha per annum for the term of the claim which equates to $50. Pursuant to s.84(7)(e), I award an additional sum of $15. [9] Taking all relevant factors into account, I order that the miner pay the total compensation of $165 to the landholders within two months from the issue of the grant of the mining claim by the Mining Registrar. BR O’CONNOR JUDICIAL REGISTRAR -- 2 of 2 --