Cement Australia (Exploration) Pty Ltd, Re [2006] QLRT 27

LAND AND RESOURCES TRIBUNAL QUEENSLAND CITATION: Re Cement Australia (Exploration) Pty Ltd [2006] QLRT 27 PARTIES: In the matter of Application for Mining Lease No 80127 by Cement Australia (Exploration) Pty Ltd FILE NO/S: AML5/06 PROCEEDING: Application for mining lease DELIVERED ON: 30 March 2006 DELIVERED AT: Brisbane HEARING DATE: Heard on the papers MEMBER: Windridge MR ORDER/S: 1. Hearing dispensed with. (at [2]) 2. I recommend to the Honourable the Minister for Natural Resources, Mines and Water that Mining Lease No. 80127 be granted over the whole of the application area for the purpose and term sought by the applicant. (at [17]) CATCHWORDS: MINING – MINING LEASE – RECOMMENDATION Mineral Resources Act 1989 ss 245, 269(4), 270(1) COUNSEL: Mr R Traves SC for Applicant SOLICITOR/S: Clayton Utz for Applicant [1] WINDRIDGE MR: This is an application lodged by Cement Australia (Exploration) Pty Ltd under s. 245 of the Mineral Resources Act 1989 (“the Act”) for a mining lease over 31.65ha of land approximately 30 kilometres west of Gladstone. The application area is located on land more particularly described in a schedule lodged with the application. The application was lodged at the office of the Mining Registrar at Rockhampton on 13 September 2005. A number of objections were lodged, but these objections have since been withdrawn in proceedings before the President of the Tribunal on 28th and 29th of March 2006. (QLRT 26). -- 1 of 4 -- 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 are no remaining objections to this application. 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. Accordingly, I order that a hearing of this application be dispensed with. 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 supplied by the applicant. I have also relied upon the other material lodged by the applicant with the Department of Natural Resources and Mines and provided by the Mining Registrar to this Tribunal and the Mining Registrar’s Report in relation to this 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 Registrar on 13 September 2005 which can only be done if the Registrar is satisfied that the applicant is eligible to apply for the mining lease and has complied with the requirements of the Act with respect to the application. 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 purposes associated with the mining of clay, lime and limestone. The applicant, at the relevant time, held the appropriate prospecting tenures. The area is generally known for the production of clay and limestone. This lease will basically be used as a stockpile area for product mined from an adjoining lease. 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 on an adjoining lease using open cut methods, and will process the product off lease. The applicant company has been involved in the mining industry for a number of years. 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. The purpose sought is an appropriate purpose associated with mining activities conducted on adjoining and other leases in the area. -- 2 of 4 -- 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 needed for the stated purpose. The applicant has sought a mining lease over surface area of 31.65ha. There is no evidence to indicate the size and shape is not appropriate for the purpose sought. Section 269(4)(e) Is the term sought appropriate? [8] The applicant seeks a term of 50 years. There is no evidence to suggest that a 50 year term is inappropriate. The industry usually engages in long term supply contracts and needs the security of long term tenure to meet their commercial commitments. The term is required for mining and rehabilitation purposes, and the applicant has the option of surrender 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 company has sufficient assets through company sources to undertake the proposed operation. I am satisfied the applicant company has or has access to the necessary financial and technical resources. The applicant is currently engaged in mining activities in the immediate area. 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 company 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] The applicant held current Exploration Permits for Minerals and prospecting permits at the time of marking out. I am satisfied that no other person is disadvantaged. 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 land is suitable for cattle grazing under favourable conditions. The area is a known resource area and extraction of clay and limestone is an appropriate alternative land use. Section 269(4)(j) – Will there be any adverse environmental impacts, and if so, the extent thereof? [13] The draft environmental authority was issued on 21 October 2005. It requires the applicant to comply with the environmental conditions contained in the Code of Environmental Compliance for Mining Lease Projects, and any further special -- 3 of 4 -- conditions. There is no evidence to suggest that the environmental impacts will not be adequately dealt with by compliance with the conditions of the Code. Section 269(4)(k) – Will the public right and interest be prejudiced? [14] 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 grounds which would justify a refusal of the application. 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 Natural Resources, Mines and Water that the mining lease be granted over the whole of the application area for the purpose and term sought. -- 4 of 4 --