Combe, Re [2005] QLRT 165

LAND AND RESOURCES TRIBUNAL QUEENSLAND CITATION: Re Combe [2005] QLRT 165 PARTIES: Stephen Phillip Combe (Applicant) FILE NO/S: AML183/05 PROCEEDING: Application for grant of Mining Lease No. 95507 DELIVERED ON: 9 December 2005 DELIVERED AT: Brisbane HEARING DATE: Heard on the papers MEMBER: Koppenol P ORDER/S: Application recommended for grant subject to compliance with Native Title Act 1993 (Cth). (at [5]) CATCHWORDS: MINING – APPLICATION FOR MINING LEASE – RECOMMENDATION Mineral Resources Act 1989, ss 245, 269 Native Title Act 1993 (Cth) COUNSEL: N/A SOLICITORS: N/A [1] This is an unopposed application under section 245 of the Mineral Resources Act 1989 (the Act) for the grant of a mining lease over a 2.2652ha area of land situated at Malcoms Gap, Highlands (in the Winton district) for the mining of opal. [2] In such a case, the Tribunal’s statutory function is under section 269 of the Act— namely to take into account and consider a number of factors and then to make a recommendation to the Minister for Natural Resources and Mines as to whether the application should be granted or rejected in whole or in part. Various material was provided to the Tribunal by the applicant and the mining registrar to assist in that regard. [3] Section 269(4) provides as follows: “269 Tribunal’s recommendation on hearing … (4) The tribunal, when making a recommendation to the Minister that an application for a mining lease be granted in whole or in part, shall take into account and consider whether— -- 1 of 2 -- (a) the provisions of this Act have been complied with; and (b) the area of land applied for is mineralised or the other purposes for which the lease is sought are appropriate; and (c) if the land applied for is mineralised there will be an acceptable level of development and utilisation of the mineral resources within the area applied for; and (d) the land and the surface area of the land in respect of which the mining lease is sought is of an appropriate size and shape in relation to— (i) the matters mentioned in paragraphs (b) and (c); and (ii) the type and location of the activities proposed to be carried out under the lease and their likely impact on the surface of the land; and (e) the term sought is appropriate; and (f) the applicant has the necessary financial and technical capabilities to carry on mining operations under the proposed mining lease; and (g) the past performance of the applicant has been satisfactory; and (h) any disadvantage may result to the rights of— (i) holders of existing exploration permits or mineral development licences; or (ii) existing applicants for exploration permits or mineral development licences; and (i) the operations to be carried on under the authority of the proposed mining lease will conform with sound land use management; and (j) there will be any adverse environmental impact caused by those operations and, if so, the extent thereof; and (k) the public right and interest will be prejudiced; and (l) any good reason has been shown for a refusal to grant the mining lease; and (m) taking into consideration the current and prospective uses of that land, the proposed mining operation is an appropriate land use. … .” [4] The mining registrar has certified that the applicant has complied with the requirements of the Act and the applicant has lodged the relevant declarations of compliance. Surface trace on the area indicates that it is mineralised. The mining program envisages progressive small scale open cut mining by mobile earthmoving machinery. All supporting infrastructure will be provided on site. The size and shape of the area applied for encompasses the area which is potentially opal bearing and surrounding area for camp site and stockpiles. A 20-year term is sought to give sufficient time to mine the area on a seasonal basis. The applicant has confirmed his financial and technical capabilities to carry on the mining operations. He has many years experience in opal mining. There is no evidence that his past performance has not been satisfactory. The land is currently used for low intensity grazing—its only possible use apart from mining, which I regard as an appropriate land use which conforms with sound land use management. The underlying land tenure is such (pastoral holding) that native title may exist. This application therefore cannot be granted until all relevant provisions of the Native Title Act 1993 (Cth) have been complied with. There are no section 269(4)(h) holders or applicants. The mining activities will be carried out in accordance with the draft environmental authority (mining activities) issued by the Environmental Protection Agency. That should minimise any adverse environmental impact. There is no evidence that the public right and interest will be prejudiced or of any good reason why this application should be refused. [5] Having taken into account and considered all of the section 269(4) factors, subject to compliance with all relevant provisions of the Native Title Act 1993 (Cth), I recommend to the Honourable the Minister for Natural Resources and Mines that this application be granted in whole. -- 2 of 2 --