Bowen Central Coal Pty Ltd & Anor, Re [2005] QLRT 147

LAND AND RESOURCES TRIBUNAL QUEENSLAND CITATION: Re Bowen Central Coal Pty Ltd & Anor [2005] QLRT 147 PARTIES: Bowen Central Coal Pty Ltd & Aquila Coal Pty Ltd (Applicants) FILE NO/S: AML167/05 PROCEEDING: Application for grant of Mining Lease No. 70342 DELIVERED ON: 2 November 2005 DELIVERED AT: Brisbane HEARING DATE: Heard on the papers MEMBER: Koppenol P ORDER/S: Application recommended for grant. (at [5]) CATCHWORDS: MINING – APPLICATION FOR MINING LEASE – RECOMMENDATION Mineral Resources Act 1989, ss 245, 269 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 2,142ha area of land situated 28km west of Coppabella for the mining of coal. [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. [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 -- 1 of 2 -- (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. Extensive exploration activities have shown a significant coal resource (48.8Mt) in the area concerned. The mining program will use conventional open cut methods and then highwall mining at a rate of 1.9 to 2.0 Mt ROM per year. Associated infrastructure (coal handling and preparation plant, rail loop, power lines, water pipelines, workshop etc) will be provided on site. The size and shape of the area applied for is to enable recovery of all coal reserves and to establish the mining operations and infrastructure. A 20-year term is sought to fully exploit the reserves and complete rehabilitation of the proposed mining lease area. The applicants have confirmed their financial capacity to carry on the mining operations. They are wholly owned subsidiaries of companies (AMCI Inc and Aquila Resources Ltd) with extensive exploration and mining experience and appropriate financial and technical resources. The underlying EPCs are held by the applicants and another company which has consented to the grant of this application. The land is currently used for cattle grazing—its only possible use apart from mining, which I regard as an appropriate land use. 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, I recommend to the Honourable the Minister for Natural Resources and Mines that this application be granted in whole. -- 2 of 2 --