Donovan v Struber & Anor [2009] QLC 38

LAND COURT OF QUEENSLAND CITATION: Donovan v Struber & Anor [2009] QLC 38 PARTIES: In the matter of Mining Lease No 20460 – Determination of compensation payable by Colleen Anne Donovan to Steven Struber and Dianne Wilson-Struber FILE NO: MLC00146/2008 PROCEEDING: Application for determination of compensation DELIVERED ON: 17 March 2009 DELIVERED AT: Brisbane MEMBER: Mr BR O’Connor, Judicial Registrar ORDER/S: 1. Compensation determined at $140. 2. The miner pay the total compensation of $140 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] Colleen Anne Donovan (the miner) has made application for ML 20460 for a term of 25 years with the Mining Registrar, Mareeba District. [2] This determination of compensation relates to access to the mining lease which includes access over a property owned by Steven Struber and Diane Wilson-Struber (the landholders). -- 1 of 2 -- 2 Tribunal Practice Direction [3] On 9 September 2008 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 the submission of relevant material were provided to each party. The landholders have made no submissions to the Court. The miner has submitted that there should be no or minimal compensation. [4] It is not an uncommon occurrence for the relevant parties in a compensation matter before the Court to fail to comply with the Practice Direction. The absence of detailed compensation evidence clearly makes the task of the Court in determining compensation very 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 taking into account the miners submissions, I assess compensation for access in the minimal sum of $5.00 per annum for the term of the lease, which equates to $125. Pursuant to s.281(4)(e) of the Act, I award the additional sum of $15. [6] Taking all relevant factors into account, I order that the miner pay the total compensation of $140 to the landholders within two months from notification of the renewal of the mining lease by the Mining Registrar. BR O’CONNOR JUDICIAL REGISTRAR -- 2 of 2 --