Congoo v Dunn and Chief Executive, Department of Environment and Resource Management [2011] QLC 13

LAND COURT OF QUEENSLAND CITATION: Congoo v Dunn and Chief Executive, Department of Environment and Resource Management [2011] QLC 13 PARTIES: Thomas Congoo (Applicant) v. Gary Dunn (Respondent) And Chief Executive, Department of Environment and Resource Management (Statutory Party) FILE NO: EPA 158-10 and MRA157-10 DIVISION: Land Court of Queensland PROCEEDINGS: Hearing of application for mining lease and objections to its grant. DELIVERED ON: 25 March 2011 DELIVERED AT: Brisbane HEARD AT: Mareeba HEARD ON: 3 September 2010 MEMBER: His Honour, Mr WL Cochrane, Member ORDERS: I recommend to the Honourable the Minister for Mines and Energy that Mining Lease No. 20625 be granted over the application area for a period of 21 years. CATCHWORDS: Mining – Application for Lease – Criteria to be considered – Time, Advertising, Identification of Landowners, Area and Mineralisation. Mining – Application for Lease – Objections by Local Residents – Environmental Issues. APPEARANCES: Mr Thomas Congoo appeared in person for the Applicant. Mr Gary Dunn appeared in person for the Respondent. Mr L Wilson (Solicitor) appeared for the Statutory Party. -- 1 of 13 -- 2 Background [1] On the 15th July 2009 Mr Thomas Congoo (the Applicant) made Mining Lease Application No. 20625 over land described as Lot 230 on AP 4557. The subject land is currently the subject of an occupational lease to RA & GF Burtenshaw who conduct a grazing operation known as “Coolgarra Station” at Mt Garnet. The land is located within the Mareeba mining district, has an area of 23.7 ha and is located on Upper Wynham Creek at Mt Garnet. [2] The mining lease is sought in respect of tin, gold, silver, copper, lead, zinc, tungsten/wolfram and scheelite. [3] Public notice of compliance with the relevant provisions of the Environmental Protection Act 1994 (ss.211 and 212), has been carried out. [4] An objection to the lease was lodged by Mr Gary Dunn on 17 June 2010. [5] In his objection lodged on or about the 10th June 2010, Mr Dunn raises a number of objections. The objections are not concisely expressed but given the way in which the hearing unfolded and what I regard as the generally disorganised approach adopted by Mr Dunn in the articulation of his objections, it is prudent, in my opinion, to recite in their entirety the grounds of Mr Dunn’s objection. “Mr Congoo wants to contaminate our creek… He wants to disturb the dust and heavy mental contamination in the ground and tailings left over from the last mining phase and wash it into Wndham Creek which runs through the small property on which we live… It is our only creek. (1,2) Mr Congoo says he intends to drive big machinery on our road that Council in no way maintains. This road is already dangerous with just the light vehicular traffic that currently use it. (1,2) We are directly in line of the prevailing winds that will not only be bringing the dust from the excavations but also from the increase in traffic…especially the large vehicles. This is a windy area where the disturbed soils readily erode to dust in the prolonged dry season of the semi-arid tropics. (1,2) Congoo has deceived us with his talk of a small-time eco-tourist and mining venture that would not pollute the creek; that would protect the land in order to conserve the native fauna and flora intrinsic to their culture and disappearing rapidly. The description in his mining application has already taken on a size that in no way resembles the original proposal put to use. What will this man-of-deals actually do? 1,2 We live directly below the proposed mine. Contamination of the creek would come from 2 sources… a) In the same way as since there has been mining on the Wild River, as soon as the Wet starts and the holding dam overflows, the orange sludge fills the river. Then the holding dam stops overflowing when the Dry takes over for the next 8 months. b) There is heavy mental contamination in the ground and tailings which stays where it is as long as it remains undisturbed but when it is dug up and washed to recover -- 2 of 13 -- 3 the tin, it must end up in the creek … our only water supply. (Even now the dam on Never Can Tell is classified as contaminated). With this new mining scenario, there would be either dirty contaminated water or no water making it a year round catastrophe. We also note that Mr Congoo insists on mining on this side of the mountain rather than pollute his own area. We have letters from the Council claiming that they have no obligation or intention of maintaining the road beyond the old township of Brownville; either the gazetted road or the access roads that once serviced the area. We have had experience with disturbance of rock piles when trucks were being loaded. This was done down-wind of us but when we drove by, the dust poured down on our windscreen making it impossible to see. This dust cloud could be seen kilometres away. We would then, like at Tabo, have inches of mud in our water tanks even if we were having to cart the water in. Although Thomas Congoo speaks of this enterprise being for traditional owners, it is a family affair that certainly does not include the locals. However, since we have known some members of this family through the pegging of the mining application as well as a proposed business venture in Mt Garnet, we have had problems of theft as detailed in a police report. We had originally accorded this family the same respect as other indigenous people from the area based on mutual understanding and interests… but no more. When we go out, we have always locked the gate to deter theft given the opportunity provided by our isolation. We do not wish to stop this practise or indeed, leave ourselves wide open to easy pickings from a family who has already shown their disrespect and whose attitude is that we should willingly pay for their transgressions in light of the fact that they have been so badly treated by “our kind”. Ten years is a long time to never go out or live in fear.” [6] An attempt to summarise the issues raised by Mr Dunn leads me to the following as expressing the issues that he seeks to ventilate:- a) contamination of a creek; b) impact of large machinery on roads; c) dust and nuisance; d) the size of the proposed operation; e) the risk of heavy metal contamination in water and soil. [7] The matter was heard in Mareeba on 3 September 2010. [8] I propose to give no weight to the clearly defamatory comments contained in the objection whereby Mr Dunn casts aspersions on the character and honesty not only of Mr Congoo but of his family. [9] Section 269 of the Mineral Resources Act specifies that this Court, when making a recommendation to the Minister that an application for a mining lease should be granted in either whole or in part, shall take into account and consider a number of specified matters. Those matters are set out in 269(4)(a)-(m). [10] In taking account of and considering all of the criteria which are specified in s.269(4), I have relied upon the additional information and statutory declaration sworn by the applicant and provided to the Court. I have also relied upon all of the other material lodged by the applicant -- 3 of 13 -- 4 with the Department and provided by the Mining Registrar to the Court as well as the Mining Registrar’s report which accompanied that material. These reasons set out above refer specifically to all of the salient points but I have not attempted to identify all of the relevant evidence that I have taken into account in making my recommendations. [11] Accordingly, while having regard to the tenor of Mr Dunn’s many objections, I must also consider each of those provisions in s.269(4) of the Act. Section 269 (4)(a) – Have the provisions of the Act been complied with? [12] On the 13th May 2010, the Mining Registrar Mareeba District issued a certificate of application for Mining Lease 20529 including the marking out, notification, service and posting of documents. [13] That certificate is issued pursuant to s.252 of the Act and the effect of the certificate is that the Mining Registrar may only prepare such a certificate of application for a mining lease on being satisfied that the applicant is eligible to apply for that lease and that the applicant has complied with the requirements of the Act with respect to the application. [14] The Mining Registrar’s report of the 9th July 2010 does not make reference to any issue of non-compliance. [15] The report does however record that the grant of the tenement sought is a “future act” for native title purposes and that there is a relevant indigenous land use agreement in place namely “The Bar-Bannum SSM” (SSM being Small Scale Mining activity). [16] It is appropriate to deal with all of the other parts of s.269(4) and to assess whether the requirements of all those subsections have been met. Section 269(4)(b) – Whether the area of land applied for mineralised or the other purposes for which the lease is sought are appropriate. [17] In his statutory declaration (attachment 6 to the Mining Registrar’s report for the Land Court - Exhibit 5), Mr Congoo declares that the proposed mining lease area is mineralised based upon the existence of previous workings and prospecting carried out by him. There was no challenge to the extent of mineralisation by the objector and in the absence of any such challenge and evidence supporting it, I accept that the area over which the lease is sought is mineralised. This is also evidenced by the existence of other exploration permits for minerals which have been issued in or about the area including exploration permit for minerals number 14185 pursuant to which Consolidated Tin Mines Limited is exploring for hard rock deposits. [18] The activity proposed by Mr Congoo is for alluvial mining only and has no impact on any explorational mining activities that are presently carried on by Consolidated Tin Mines Limited. Mr Congoo’s application is said to be in respect of tin, gold, silver, copper, lead, zinc, tungsten/wolfram and scheelite. -- 4 of 13 -- 5 [19] It emerged from the evidence given by Mr Congoo that the primary focus of his activity is to look for alluvial tin. It appears that he wishes to rework existing heaps of spoil and tailings from previous mining operations. I take that to be further evidence of existing mineralisation. [20] Mr Congoo gave further evidence of the nature of his operation when he said, speaking of what the respondent Mr Dunn had described as “the last mining episode” as follows: “…But I do say that what you're talking about now, that happened in the 1957, 1960, from what they call a tin dredging operation that was in there. It was a big, big concern and they did destroy a lot of vegetation and it all - what was left there, they uncovered copper mines, they uncovered a lot of toxic issues there. All these things that [indistinct] went down deep and this is how it happened. But this particular place you're talking about, Mr Dunn, is some 150 miles from there up to where I am and we're just working the tailings - the sand tailings. We're not digging up any vegetation----- Where did all these tailings - why are they there?-- We're not doing anything like that and then we only just want to work that tailing head and that's all we do. We're not putting water back in that dam that you're - that dam - the big dam - Wendham Dam - is above us. It's not below us. HIS HONOUR: Now Mr Congoo, Mr Dunn just asked you a question about why the tailings are there. You've got to listen to his questions and just focus on answering them?-- Yeah, well the tailings that we want to work is done by a Telman mining company.” [21] It is also a matter of notorious knowledge that earlier mining operations used less sophisticated techniques and often what are regarded as workings or tailings, piles still contain significant amounts of the very mineral that previous activities on the site sought to capture. [22] On balance, I come to the conclusion that there is sufficient evidence to establish that the area is mineralised. [23] The other purposes for which the lease is sought include developing plant and a campsite and infrastructure and carrying out some rehabilitation of the areas he proposes to work. [24] Exhibit 4 before the Court which is the copy of the proposed mining program makes it clear that the infrastructure proposed will be relatively minor consisting of:- 1-Demountable accommodation building; 1-Covered workshop; 1-Bunded fuel and diesel generator; 1-Ablution block and recycle sewerage system; 1-Demountable accommodation building. [25] It is intended that less than ten personnel will work on the site that workforce will, in the majority, be comprised of traditional owners together with qualified mining staff overseeing operations. The mining fleet itself is proposed to consist of one 30 tonne excavator, one D6 bulldozer and one 10 tonne dump truck. The mining is to be carried out on a day shift basis -- 5 of 13 -- 6 and it is anticipated that 100 tonnes per day of alluvial ore will be transported over mine haulage to the alluvial processing plant. [26] I consider that the proposed use of the site is consistent with the mining operations proposed and it is appropriate for the purposes for which the lease is sought. Section 269(4)(c) – If the land applied for is mineralised, whether there will be an acceptable level of development and utilisation of the mineral resources within the area applied for [27] Mr Congoo indicated to the Court that the work would commence once the lease was granted, weather conditions permitting. [28] The proposed program of works identified by Mr Congoo in Exhibit 4 indicates, to my satisfaction that the preliminary mining plan which has been prepared by Mr Congoo indicates a sound basis for the mining activities proposed by him. [29] I note that, not unusually, a more detailed plan is not intended to be completed until prior to the commencement of operations. [30] It is noteworthy that some non-referable dams together with existing dams will be established to allow recirculation of mine processing waters. Those dams are also intended to provide raw water for the alluvial operation. [31] I am satisfied that there will be an acceptable level of development and utilisation of the mineral resources within the area applied for. Section 269(4)(d) – Whether the land and the surface area of the land are of an appropriate size and shape [32] The application for the mining lease shows the location of the Black Diamond site as it is known. [33] As indicated earlier the area applied for comprises approximately 23.7 ha. [34] It seems clear that the location of the area is determined by the presence of the existing tailings, deposits. [35] It is clear that in a project such as this, a sufficient area needs to be obtained and provided to enable the mining operation to occur and to have sufficient area to construct the dams and the necessary infrastructure including accommodation and workshops to permit the mining activity to occur. [36] I have come to the conclusion that Mr Congoo has supplied good reasons justifying the extent and the layout of the area which is sought. The area is of a sufficient size and shape for the purposes of the development and the utilisation of the mineral resources which it is said to remain in the tailings existing onsite. Section 269(4)(e) – Whether the term sought is appropriate [37] Mr Congoo seeks a mining lease period of 10 years. -- 6 of 13 -- 7 [38] At the hearing he was not challenged on the length of time sought by him and given the size of the operation and the possibility, indeed likelihood that from time to time during wet seasons in the area the activities will have to cease, I am of the view that there are sound reasons for granting the lease for a period of 10 years. In coming to that view I take into account the possibility that some time will need to be spent setting up the operation before it becomes productive to the extent anticipated. Section 269(4)(f) – Whether the applicant has the necessary financial and technical capability to carry on mining operations under the proposed mining lease. [39] The application for a mining lease was accompanied by a statement from Mr Peter Brown the Director Tibbs Brown Investments Pty Ltd, which said interalia “Such an agreement is subject to the parties reaching commercial terms and compliance with conditions stipulated in the mining lease and by underlying EPM holder (see attached letter). The basis of such commercial terms are that TBI will be refunded it’s investment and once the mining venture is self sufficient withdraw from the project unless invited to participate further. It is the understanding of TBI that Thomas Congoo will also be seeking other Capital for the venture and that Traditional Owners of the Barbarrum group will be involved in the venture and hence take advantage of opportunities in training for aboriginal people.” [40] In presenting that statement from Mr Brown, Mr Congoo says “funding will be delivered from private investors. Initial estimates for the project capital are less than $AUD One Million and ongoing funding will be delivered from production revenues. [41] Mr Congoo has some ten years experience in tin mining. There was no challenge to the evidence presented by Mr Congoo in regard to potential financial resources and accordingly I accept that evidence. [42] I come to the view that sufficient evidence to establish that the applicant has the necessary financial and technical capability to carry out the proposed mining operations. Section 269(4)(g) –Whether the past performance of the Applicant has been satisfactory? [43] Mr Congoo has previously worked in the mining industry. Mr Congoo’s application was accompanied by additional Mining Lease Applicant Information and a Statutory Declaration for the Land Court.1 [44] In Exhibit 5 Mr Congoo says that he has 20 years mining experience employed by Great Northern. He was not challenged with respect to that mining experience. Accordingly, I accept his evidence in that regard. There was no evidence put before me of any unsatisfactory conduct on the part of Mr Congoo in respect of any mining lease projects. 1 Exhibit 5. -- 7 of 13 -- 8 [45] He gave clear evidence as to the nature of the processes which he proposes to employ and it seems fairly clear to me based upon his oral evidence that he has a sound understanding of the site which he proposes to utilise. [46] Accordingly, I come to the conclusion that Mr Congoo has no history of unsatisfactory performance in the past with respect to mining leases. Section 269(4)(h) – Whether any disadvantage will result to the holders of existing exploration permits or mineral development licences or existing Applicants for exploration permits or mineral development licences? [47] There appears to be two holders or applicants of tenures in respect of the subject land. Those two holders, as indicated above, are Consolidated Tin Mines Limited and Planet Gas Limited. Each of the them have provided written evidence that, in their view, the activities proposed by Mr Congoo utilising the area of sand tailings in the headwaters of Wynham Creek are not inimical to their interests and they consent to the mining lease subject to some conditions which are aimed at protecting their interests. [48] I am satisfied that no existing holder or applicant would be disadvantaged by the grant of the mineral development licence. Section 269(4)(i) –Whether the operations to be carried on under the authority of the mining lease conform of sound land use management? [49] The land the subject of the application is currently used for grazing purposes and is, in principle otherwise capable of being used for mining purposes. The activities proposed by Mr Congoo will not compromise any proposals for other use of the land. [50] In addition, as evidenced by Exhibits C,B-003 and C,B-004 to the affidavit of Catherine Ellen Birt filed by leave before the Court, Mr Congoo has made application for an environmental authority mining lease for a level 2 project which has resulted in the (then) Environmental Protection Agency (now Department of Environment and Resource Management) by notice of decision dated the 21st July 2009, granting an environmental authority (Mining Lease Code Compliant (level 2) mining project – subject to conditions including compliance with the code of environmental compliance for mining lease projects.) [51] In my view, compliance with that code of environmental compliance provides additional comfort to parties who may be concerned at the use of the subject site would not conform with sound land use management. Section 269(4) (j) – Whether there be any adverse environmental impacts, caused by those operations and if so, the extent thereof? [52] As referred to in the previous paragraph a draft environmental authority has been issued to Mr Congoo in respect of his proposed mining activities. Also, as pointed out above that draft -- 8 of 13 -- 9 authority requires Mr Congoo to comply with standard environmental conditions which are contained in the Code of Environment of Compliance for Mining Lease Projects. [53] While I accept that Mr Dunn’s reservations about the environmental impact of the proposed mining activities are genuinely and sincerely held by him, nothing that he said convinces me that the activities proposed by Mr Congoo are likely to have any adverse environmental effect. [54] Indeed, much of what Mr Dunn complains of appears to relate to the existing situation prior to any work being done by Mr Congoo in reliance upon the mining lease he seeks. [55] His concerns are exacerbated by the reality that the land is located in a high rainfall area which, it seems, from time to time causes existing dams in the area to overtop. [56] Mr Dunn has apparently agitated in the past about the state of existing dams. [57] At least some of what Mr Dunn relies upon to found his concerns emanates from hearsay evidence provided from other people including one Bruno Mazzetic.2 [58] Mr Dunn, in the presentation of his evidence was, putting it mildly, quite excitable with the consequence that much of what he said lacked coherence and cogency. [59] Further under cross-examination from Mr Wilson it became apparent that Mr Dunn was not aware of either water quality discharge limits or the ANZECC 2000 Water Quality Guidelines which set the standards for water discharges.3 [60] Mr Dunn also seems somewhat preoccupied by the notion that Mr Congoo has some sort of aspirations for tourist type activities. That has no part in the proceedings before me. [61] Some idea of the difficulty in extracting cogent evidence from Mr Dunn can be gleaned from his evidence in cross-examination about his reading of the Code of Environmental Compliance for Mining Leases when, in response to a question from me, Mr Dunn’s evidence was “I have had a bit of a look through it.”4 [62] In response to some questions from me which were intended to help Mr Dunn clarify his position the following appears “…No, no, no. I understand you're telling me that, but I'm asking you, do you have any detailed knowledge of the Code of Environmental Compliance for Mining Lease Projects with respect to protection of waterways or water courses?-- Well, actually I read through all that, and all I could determine was that it was written by somebody who has no idea what they're talking about. I see. So-----?-- And I will - I will stand by that because you - and you can't go - like, you know, you can't say that the same thing's going to happen here in Mareeba that happens out there or somewhere else. As I've already said, we have too much rain at once there; nothing can be contained. That makes that area very dangerous and that is why they're having - you know, the - the dam to which Mount Garnet mostly gets its water supply from, which gets - which is water mostly comes down from here to there, 2 See T.1-60 L5. 3 See T1-61 L30-55. 4 See T.1-56 L2. -- 9 of 13 -- 10 has been shut down since last October or something, I think it was that it was shut down, because of this trying to clear this - this sort of stuff out. This stuff keeps washing down the creek. And do you agree that's from mining operations that occurred decades ago?-- That's what - exactly what it is. …” [63] From the cross-examination I refer to from Mr Wilson the Transcript reveals the following: “… Now, you also mention in-chief, that the code of environmental compliances was written by somebody who had no idea what’s going on?-- They - they can't do. That - that was - am I correct?-- That - that is my opinion----- That's what you said?-- -----and I’ll stick by it and I’d like to get this objection as we go through this. We’re going to take this to the media and everything else all this sort of thing. Okay. So, you formed that view even though you've "had a quick flick over it" in your own words?-- Oh, to see what they’re - they’re saying about you know----- So, you had a quick flick over it-----?-- Yes. -----but you formed that view from a quick flick over it, that these people had actually no idea what they’re talking about?-- Well, they don't because as - as I asked you before, "Have you been up there?" and you said "No." But, you've - you've had a quick squiz at something-----?-- Mmm. -----and maybe not necessarily within your area of expertise, and - and-----?-- Well, I think----- -----you can say that-----?-- -----my expertise for that area outweighs their expertise who - who write a book about some other area and then expect it to - to be uniform. Well, I can assure you, it doesn’t happen that way and that's what - that's what I'm fighting. We - we - these - these matters you know for - for you people for mines and everybody else to say they haven't even been up there, nobody's bothered to - to take the time to go and check to see if you people are - if DERM or the government or whatever intend to allow somebody to kill us, and I do mean murder, because it - it is a - these - these things are highly poisonous. It’s not you know you’re not playing around with - with a kids' chemistry set. This stuff - you’re talking about lead and all these things that go in it and - and all this stuff that comes out of the tin and the gold's even worse. All - all the stuff they put in there to put it out that they want to take water from - from the Nevercantell, which is the only - the only thing there that's got - or the - or the Wyndham, if there's anything left of it----- All right. In that code of environmental compliance, did you come across a section which deals with water quality discharge limits?-- And you’re saying that they can----- No. Did - did you come across-----?-- Oh, I would have. -----when you were looking at it-----?-- Through it. Yeah. -----are you aware of what water quality discharge limits there are to comply with the Environment Protection Act and - and these codes and-----?-- Not off mind. No, I don't really. I----- …” [64] Notwithstanding the heartfelt conviction which Mr Dunn holds his views it can be seen that he was unable to articulate in any cogent way specific criticisms of or complaints about the mining process and its likely environmental impacts. -- 10 of 13 -- 11 [65] The same might be said about Mr Dunn’s expressed concerns about potential impact on flora, fauna and eco-systems generally. [66] In the course of the opening of the appeal Mr Dunn tendered a document which became Exhibit 3. Its origins are unclear as is the date of the document and the reason for which it was prepared. [67] Mr Dunn contended that it was from a report prepared by the Department of Environment and Resource Management5 and written by a gentleman called Ian Sinclair.6 [68] Over the objection of Mr Wilson who claimed that he was taken by surprise that it was an improper to seek to tender a document without calling the author identifying the source of the document or identifying the date upon which it was prepared. [69] The two pages which were tendered refer to the vegetation on the subject land consisting of five major regional eco-systems including one which contains a rare and threatened species of cycad called cycas platyphylla. [70] The report also suggests that data from the wild net data base suggests that over a 120 species of birds have been observed in the general area of the subject land with one species (Cotton Pygmy Goose) listed as rare under the Nature Conservation Act 1992 all the other species were common. [71] Several mammal species were listed with one the Mareeba Rock Wallaby being listed as rare all other mammal species were common. [72] I make the following observations in the optimistic assumption that the subject land referred to in those two pages from the unidentified report is in fact the subject site. [73] It is, clearly, not sufficient to convince a Court or other authority that an application for a mining licence ought be refused merely because a report identifies some matters of environmental and ecological significance as being extant in a particular area. It is necessary to adduce appropriate evidence which demonstrates that those environmental and ecological values will most likely or inevitably be damaged or compromised by the proposed mining operation. [74] None of the evidence adduced before me satisfied me that the proposal by Mr Congoo is going to damage either any aspect of a regional eco-system or in any way threaten rare or endangered species of fauna. 5 T.1-8 L12. 6 T1-10 L55. -- 11 of 13 -- 12 Section 269(4)(k) – Whether the public right and interest be prejudiced? [75] There was no evidence in any of the material advanced before me at the hearing or in the material filed that would satisfy me and that the public right and interest would be prejudiced by the proposed grant of a mining licence. Section 269(4)(l) – Whether any good reason was shown for a refusal to grant the mining lease? [76] Mr Dunn, in his evidence focused on the proposition that the mining activity proposed would have such inevitable and catastrophic environmental outcomes that it ought be refused. [77] In my view, Mr Dunn has failed to persuade me of that matter. As I indicate above I accept that his views are strongly held but the Court is entitled to have more and strongly held views articulated before it to warrant refusing an application for a mining lease in circumstances where the intending miner has discharged all the obligations placed upon it by the provisions of s.269(4). Section 269(4)(m) –Whether the proposed mining operation is an appropriate land use taking into consideration the current and prospective uses of the land? [78] The evidence of Mr Congoo, which I accept7 is that the proposed mining lease is some 4 kms east from where Mr Dunn’s residence is. [79] I should make clear that I place no weight at all on any issue as to whether or not Mr Dunn and Ms Ford are landowners or merely licensees “squatting” on the land where they presently live. The fact that people are living in a particular area entitles them to be concerned about the environmental impacts of the proposed mining activity on their lifestyle and living environment. The facts in this case however are that Mr Dunn has failed to convince me that those impacts are sufficient to warrant refusal of the lease. [80] The subject area is presently used for grazing and there was no evidence to suggest the activities anticipated by Mr Congoo, or at least in any significant, way compromise the present or future use of the area for grazing purposes. [81] Indeed, the landowners, having been given the opportunity to lodge an objection against the proposed mining lease have not done so. [82] There was no evidence of any proposed land use of the subject site which would be compromised by the proposed mining activity. [83] There was in the course of evidence some suggestion of an ambition held by Mr Congoo to also embark upon some tourist activities involving the local aboriginal community. 7 T.1-23 L40. -- 12 of 13 -- 13 [84] There was no direct evidence of that and certainly no suggestion that any applications in that regard had been made nor that any existing approvals were available to permit such a use in those circumstances any such tourist activity requiring a permit from the Local Government would have to confront the issue of any compatibility with an existing mining activity carried on pursuant to a lease granted before any properly articulated ambitions for tourist activities emerged. Recommendation [85] For the reasons based upon the conclusions which I have set out above I recommend to the Honourable the Minister for Mines and Energy that Mining Lease No. 20625 be granted over the application area for a period of 21 years. [86] None of the evidence adduced before me leads me to the view that any special conditions should be imposed beyond those contemplated by the Draft Environmental Authority issued by the Department on the 21st July 2009 requiring compliance with the Code of Environmental Compliance for Mining Lease Projects (Current at January 2001). HIS HONOUR, WL COCHRANE MEMBER OF THE LAND COURT -- 13 of 13 --