Aurelius v Terry [2010] QLC 10

LAND COURT OF QUEENSLAND CITATION: Aurelius v Terry [2010] QLC 10 PARTIES: In the matter of Mining Claim No 30027 – Determination of compensation payable by Claudia Grace Aurelius to Peter Gerard Terry, Richard Cob Terry and Simon Brosnan Terry FILE NO: MRA422-09 PROCEEDING: Application for determination of compensation DELIVERED ON: 11 February 2010 DELIVERED AT: Brisbane MEMBER: Mr BR O’Connor, Judicial Registrar ORDERS: 1. Compensation determined at $55. 2. The miner pay the total compensation of $55 to the landholders within two months from notification of the grant of the mining claim by the Mining Registrar. CATCHWORDS: MINING LEASE – DETERMINATION OF COMPENSATION Mineral Resources Act 1989, s. 85 Re Wallace & Ors & Evans [2006] QLRT 93, applied APPEARANCES: Not applicable – Heard on the Papers Background [1] Claudia Grace Aurelius (the miner) has made application with the Mining Registrar at Georgetown for Mining Claim 30027 on 28 July 2008. The term applied for is 5 years over an area of .8746 ha (rounded to 1 ha). [2] This determination of compensation relates to access to the mining claim and the mining claim itself over a property owned by Peter Gerard Terry, Richard Cob Terry and Simon Brosnan Terry. Court Practice Direction [3] On 24 September 2009 the Court sent letter to the miner and the landholders bringing the referral of this matter to the Court by the Mining Registrar to their attention and advising them of their obligations under Court Practice Direction. Timeframes for -- 1 of 2 -- 2 the submission of relevant material were provided to each party. Neither party has made submissions to the Court. [4] It is not an uncommon occurrence for either or both parties in a compensation matter before the Court to fail to comply with Court Practice Direction. The absence of detailed, or any, compensation evidence clearly makes the task of the Court in determining compensation difficult. In the circumstances, I adopt the analysis of the legislative provisions, compensation principles and methodology applied by Mining Referee Windridge in Wallace & Ors & Evans.1 Determination [5] Taking into account all heads of compensation in s.85 of the Mineral Resources Act 1989 (the Act) and absent details of the area of land required for access, I assess compensation for access in the sum of $5 per annum which equates to $25. I assess compensation for the land the subject of the mining claim at $5 per ha per annum for the term of the claim, which equates to $25. Pursuant to s.85(8)(e) of the Act, I award the additional sum of $5. [6] Taking all relevant factors into account, I order that the miner pay the total compensation of $55 to the landholders within two months from notification of the grant of the mining claim by the Mining Registrar. BR O'CONNOR JUDICIAL REGISTRAR 1 [2006] QLRT 93. -- 2 of 2 --