Australian Finegrain Marble Pty Ltd, Re [2006] QLRT 130

LAND AND RESOURCES TRIBUNAL QUEENSLAND CITATION: Re Australian Finegrain Marble Pty Ltd [2006] QLRT 130 PARTIES: In the matter of Application for Mining Lease No 20498 by Australian Finegrain Marble Pty Ltd FILE NO/S: AML179/06 PROCEEDING: Application for mining lease DELIVERED ON: 31 October 2006 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. (at [17]) CATCHWORDS: MINING – MINING LEASE – RECOMMENDATION Mineral Resources Act 1989, ss 245, 269(4), 270 COUNSEL: N/A SOLICITORS: N/A [1] This is an application by Australian Finegrain Marble Pty Ltd under s. 245 of the Mineral Resources Act 1989 (the Act) for a mining lease over 2.467ha of land one kilometre east southeast of Chillagoe for mining and associated purposes. The application was lodged at the office of the Mining Registrar at Mareeba on 3 February 2006. No valid objection was lodged before the closing date for objections. A late objection was dealt with by President Koppenol (Australian Finegrain Marble Pty Ltd & Kagara Pty Ltd [2006]QLRT 123). 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). The applicant has requested the matter be dealt with on the papers by a single member. I therefore dispense with the hearing. -- 1 of 3 -- 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 provided by the applicant and the material filed with the Mining Registrar in support of the application. These reasons refer to the salient points, but not to all the relevant evidence, that I have taken into account in making my recommendation. 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 4 September 2006 which confirms that the applicant is eligible to apply for the mining lease and has complied with the requirements of Part 7 of the Act. 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 limestone and marble. The applicant has explored the area under the authority of a current prospecting tenure. There are a number of other leases in the area. The area is generally known for the production of limestone and marble, 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 marble mining 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. Section 269(4)(e) - Is the term sought appropriate? [8] The applicant seeks a term of 21 years. There is no evidence to suggest that a 21 year term is inappropriate. 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 to undertake the proposed operation. I am satisfied the applicant has or has access to the necessary financial and technical resources. -- 2 of 3 -- 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. 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. Mining is an appropriate alternate land use in this area, given the history of the area for the mining of marble. Section 269(4)(j) – Will there be any adverse environmental impacts, and if so, the extent thereof? [13] The draft environmental authority was publicly advertised and no objections were lodged in relation to it. There is no evidence to suggest that the environmental impacts will not be adequately dealt with by compliance with the conditions of the Environmental Code of Compliance. 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. 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. 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. -- 3 of 3 --