Doroshenko v Mills [2009] QLC 110

LAND COURT OF QUEENSLAND CITATION: Doroshenko v Mills [2009] QLC 110 PARTIES: In the matter of Mining Lease No. 95613 – Determination of compensation payable by Peter John Doroshenko to Shane Mills and Troy Mills FILE NO: MLC00076/2009 PROCEEDING: Application to determine compensation DELIVERED ON: 2 July 2009 Amended 5 August 2009 DELIVERED AT: Brisbane MEMBER: Mr BJ 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 renewal of the mining lease by the Mining Registrar. CATCHWORDS: MINING LEASE – DETERMINATION OF COMPENSATION Mineral Resources Act 1989, s 281 Re Wallace & Ors & Evans [2006] QLRT 93, applied APPEARANCES: Not applicable - Heard on the Papers Background [1] Peter John Doroshenko, the miner, has made application for grant of Mining Lease 95613 to the Mining Registrar, Winton for an area of 5.68 ha for a term of 10 years. A Certificate of Application was issued by the Registrar on 14 November 2008. [2] This determination of compensation relates to access to the mining lease which is located on property owned by Shane Mills and Troy Mills (Lot 3698 on PH 47), the landowners. The area of the lease is rounded to 6 ha. [3] On 15 April 2009 the Court sent letters 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 -- the submission of relevant material were provided to each party. Both parties made submissions to the Court on compensation which I have perused in detail. [4] The absence of detailed 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 Re Wallace & Ors &Evans [2006] QLRT 93. Determination [5] Taking into account all heads of compensation in subsection 3 of section 281 of the Mineral Resources Act 1989 (the Act), and absent any details of the area of land required for access, and taking into account both parties submissions, I assess compensation in the minimal sum of $50 for the term of the lease. Pursuant to s.281(4)(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 renewal of the mining lease by the Mining Registrar. JUDICIAL REGISTRAR -- 2 of 2 --