Calcifer Industrial Minerals Pty Ltd & Anor, Re [2005] QLRT 149

LAND AND RESOURCES TRIBUNAL QUEENSLAND CITATION: Re Calcifer Industrial Minerals Pty Ltd & Anor [2005] QLRT 149 PARTIES: Calcifer Industrial Minerals Pty Ltd & Keith Robert Yates (Applicants) FILE NO/S: AML29/04 PROCEEDING: Application for grant of Mining Lease No. 20425 DELIVERED ON: 2 November 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 298.9451ha area of land situated 12km west of Mt Garnet for the mining of wollastonite, calcium carbonate, garnet, zinc, lead, copper, silver, gold and tin. One objection to the application had been lodged but has recently been withdrawn. [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 applicants and the mining registrar to assist in that regard. -- 1 of 3 -- [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— (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 applicants have complied with the requirements of the Act and the applicants have lodged the relevant declarations of compliance and authority holder’s consent. Exploration activities (including drilling) have identified a significant indicated (560,000t) and inferred (1.68Mt) resource of wollastonite, although the resource potential is substantially more. The other minerals sought are associated minerals or by-products. The mining program will involve drilling and blasting, extraction of ore by excavator, followed by crushing, screening, separation etc. A production rate of 50,000t per year is envisaged. Associated infrastructure (dam, mill, plants, etc) will be provided on site. The product will be hauled to port for export. The size and shape of the area applied for is to cover the known mineralised outcrop of wollastonite skarn breccia. A 25-year term is sought as it is regarded as the life of the mine. The first applicant (the majority interest-holder) has confirmed its financial capacity to carry on the mining operations. Although this is the applicants’ first mining venture, they expect to use specialist technical expertise from independent consultants and mining contractors to extract the ore. The first applicant is also focussed on developing a silica sand project at another site. The underlying EPM is held by the second applicant. The land is currently used for cattle grazing—its only possible use apart from mining, which I regard as an appropriate land use. The underlying land tenure is such 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. The mining activities will be carried out in accordance with the draft environmental authority -- 2 of 3 -- (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, I recommend to the Honourable the Minister for Natural Resources and Mines that subject to compliance with all relevant provisions of the Native Title Act 1993 (Cth), this application be granted in whole. -- 3 of 3 --