Fazzari, Re [2007] QLRT 44

LAND AND RESOURCES TRIBUNAL QUEENSLAND CITATION: Re Fazzari [2007] QLRT 44 PARTIES: In the matter of Application for Mining Lease No 60427 by Frank Fazzari. FILE NO/S: AML52/07 PROCEEDING: Application for mining lease DELIVERED ON: 15 March 2007 DELIVERED AT: Brisbane HEARING DATE: Heard on the papers MEMBER: Windridge MR ORDER/S: 1. Hearing dispensed with. (at [2]) 2. Recommendation made that the Mining Lease be granted over the whole of the application area for the purpose applied for and for the term sought by the Applicant. (at [17]) CATCHWORDS: MINING – MINING LEASE – RECOMMENDATION Mineral Resources Act 1989, ss 245, 269(4), 270(1) COUNSEL: N/A SOLICITORS: N/A [1] WINDRIDGE MR: This is an application by Frank Fazzari under s. 245 of the Mineral Resources Act 1989 (the Act) for a mining lease over 14.08ha of land in the Quilpie Mining District area for opal mining. The application was lodged at the office of the Mining Registrar at Quilpie on 2 October 2006. No objection was lodged before the closing date for objections which was 16 January 2007. The land applied for is located on Lot 447 on Plan PH895, Parish Cromarty, and County of Gordon. Access is through the same property. Request to dispense with a hearing - Section 270 [2] I may dispense with a hearing if satisfied as to matters specified in s. 270(1). For reasons that follow at paragraph [4], I am satisfied that the provisions of part 7 of the Act have been complied with in respect of the application. There were no objections -- 1 of 4 -- to this application. The applicant has requested that the application be dealt with by a single member on the papers. I am satisfied that the preconditions to exercising my discretion to dispense with the hearing have been fulfilled. The material supplied by the applicant and the Mining Registrar addresses each of the criteria that I must consider in making my recommendation on this application. I am satisfied that there is sufficient information before me to properly consider this matter. Section 269(4) criteria [3] In taking account of and considering the criteria specified in s. 269(4), I have relied upon the Additional Information and Statutory Declaration sworn by the applicant. I have also relied upon the other material lodged by the applicant with the Department of Mines and Energy and provided by the Mining Registrar to this Tribunal and the Mining Registrar’s Report in relation to this application. Where necessary for the purposes of accuracy, I have referred to those documents. Section 269(4)(a) – Have the provisions of the Act been complied with? [4] A Certificate of Application was issued by the Mining Registrar on 20 November 2006 which he can only do if satisfied that the applicant is eligible to apply for the mining lease and has complied with Part 7 of the act in respect to marking out, posting, advertising and service of documents. Section 269(4)(b) – Is the land applied for mineralised or are the other purposes for which the lease is sought appropriate? [5] The application seeks the grant of a mining lease for the purpose of mining opal. The area applied for is in the vicinity of a number of other leases. The applicant has explored the area under the appropriate exploration tenure. The area is generally known for the production of opal, and I am satisfied that the area is generally mineralised. Section 269(4(c) – If the land applied for is mineralised, will there be an acceptable level of development and utilisation of the mineral resources within the area applied for? [6] The applicant proposes to mine the area using conventional open cut methods. The applicant has the necessary infrastructure and equipment to complete the project. There is no evidence to suggest that there will not be an acceptable level of development and utilisation of the mineral resource in the area. Section 269(4)(d) – Is the land and the surface area of that land in respect of which the mining lease is sought of an appropriate size and shape? [7] The boundaries of the lease have been determined by the area of potential mineralisation. The applicant has sought a mining lease over the whole of the surface area. There is no evidence to indicate the size and shape is not appropriate. -- 2 of 4 -- Section 269(4) (e) - Is the term sought appropriate? [8] The applicant seeks a term of ten years. There is no evidence to suggest that a ten year term is inappropriate. The applicant has the option of surrender or abandonment if mining and rehabilitation is completed before the term expires. Section 269(4)(f) – Has the Applicant the necessary financial and technical capabilities to carry on mining operations under the proposed mining lease? [9] The applicant has sufficient assets, including the mining equipment required and cash reserves to undertake the proposed operation. I am satisfied the applicant has or has access to the necessary financial and technical resources. Section 269(4)(g) – Has the past performance of the Applicant been satisfactory? [10] There is no evidence to suggest that the past performance of the applicant has not been satisfactory. The applicant has been involved in the industry for a number of years. Section 269(4)(h) – Will any disadvantage result to the holders of existing exploration permits or mineral development licences or existing Applicants for exploration permits or mineral development licences? [11] There are no other holders or applicants for exploration tenures who would be affected by the grant. Section 269(4)(i) – Do the operations to be carried on under the authority of the mining lease conform with sound land use management? [12] The current land use is low intensity cattle grazing. Opal mining is an alternative land use. The landholders did not object to the mining lease. Section 269(4)(j) – Will there be any adverse environmental impacts, and if so, the extent thereof? [13] The draft environmental authority was issued and is effective from the date of grant of tenure. Section 269(4) (k) – Will the public right and interest be prejudiced? [14] There is no public infrastructure on the area applied for. There was no evidence before me that indicated public right and interest would be prejudiced. I take into account that there was no objection to this application on public interest grounds. Section 269(4) (l) – Has any good reason been shown for a refusal to grant the mining lease? [15] There was no evidence before me that indicated any good reason why this application should be refused. -- 3 of 4 -- Section 269(4) (m) – Is the proposed mining operation an appropriate land use taking into consideration the current and prospective uses of the land? [16] On the basis of the evidence considered in relation to criteria (i), (j), (k) and (l), I consider the proposed activity is an appropriate land use. Recommendation [17] Taking into account all the evidence before me and, in particular, that evidence referred to above, I recommend to the Honourable the Minister for Mines and Energy that the Mining Lease be granted over the whole of the application area for the purposes and term sought by the applicant. -- 4 of 4 --