Bidner, Re [2005] QLRT 125

LAND AND RESOURCES TRIBUNAL QUEENSLAND CITATION: Re Bidner [2005] QLRT 125 PARTIES: Re Application for Mining Lease No. 20433 by Thomas James Bidner FILE NO: AML145/05 PROCEEDING: Application for mining lease DELIVERED ON: 30 September 2005 DELIVERED AT: Brisbane HEARING DATE: Heard on the papers PRESIDING MEMBERS: Koppenol P ORDER/S: Recommendation made that subject to compliancewith all relevant provisions of the Native Title Act 1993 (Cth), Application for Mining Lease No. 20433 applied for by the Applicant, be granted for the purpose, area and term applied for. (at [20]) CATCHWORDS: MINING – MINING LEASE APPLICATION – RECOMMENDATION Mineral Resources Act 1989, ss 245, 252(1), 269(4), 270 Environmental Protection Act 1994 Native Title Act 1993 (Cth) COUNSEL: N/A SOLICITORS: N/A Application [1] This is an application by Thomas James Bidner (the applicant) under section 245 of the Mineral Resources Act 1989 (the Act) for a mining lease over a 7.5945ha area of land situated approximately 2km north-east of Maytown for the mining of gold. The application was lodged with the mining registrar for the Mareeba mining district on 2 July 2004. No objections to the application were lodged during the public objection period which ended on 29 August 2005. -- 1 of 4 -- Hearing on the papers [2] The applicant requested that this application be heard by the Tribunal on the papers and without an oral hearing. That procedure is appropriate in the present case. Tribunal’s statutory function [3] In cases such as this, the Tribunal’s statutory function under section 269 of the Act is to take into account and consider a number of prescribed factors and then to make a recommendation to the Minister for Natural Resources and Mines about whether the application should be granted or rejected. In doing so, I have considered all of the material that was provided to the Tribunal by the applicant and the mining registrar. However these reasons only refer to such of the evidence as is relevant or necessary for my decision. Section 269(4) recommendation [4] 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. … .” [5] I will deal in turn with the factors set out in section 269(4). [6] Section 269(4)(a): On 1 August 2005, the mining registrar issued a certificate of application. Pursuant to section 252(1) of the Act, the mining registrar can only do -- 2 of 4 -- so if 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. The applicant has lodged with the mining registrar statutory declarations certifying compliance with the statutory requirements for notifying the application. I note the underlying tenure of the land the subject of this application comprises land (a resources reserve) where 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. No restricted land is involved and the owners of the affected reserve land have consented to the grant of this application. I am satisfied that the provisions of the Act have been complied with. [7] Section 269(4)(b): The applicant’s additional information and statutory declaration form said that the applicant knew that the proposed mining lease area was mineralised because of exploration detector activities and sampling of fines on that area. I am satisfied that the area is mineralised and that the other purposes for which the lease is sought are appropriate. [8] Section 269(4)(c): The proposed mining operation will involve alluvial mining of river wash, using an excavator, backhoe, trommel and water pump. A small tailings dam will be constructed at each plant site. The applicant is hopeful of commencing mining operations within 12 months of the lease being granted I am satisfied that there will be an acceptable level of development and utilisation of the mineral resources within the area applied for. [9] Section 269(4)(d): The application said that the area and shape applied for was to enclose the terraces on either side of Butcher’s Creek and enough area for the storage of water and to leave an adequate distance from the road reserve and some historical areas. There is no evidence to indicate that the size and shape is not appropriate. [10] Section 269(4)(e): A term of 20 years is sought. That term was sought for the maximum mineral recovery and to accommodate the rehabilitation of the land concerned. I am satisfied that the term sought is appropriate. [11] Section 269(4)(f): This is the applicant’s first mining lease application. He is a mechanical engineer aged 21. His father appears to have some mining experience as he taught the applicant a lot about mining for gold. He already has most of the equipment which will be necessary for the operation. There is no evidence that the applicant does not have the requisite financial and technical capabilities. [12] Section 269(4)(g): The applicant has never had any notices to rectify non- compliance or damage, notices to show cause, tenures cancelled, penalties imposed or convictions under the Act. [13] Section 269(4)(h): The holder of the only underlying mining tenure (an exploration permit) has given permission for the applicant to peg this mining lease. [14] Section 269(4)(i): The current land use appears to be for low intensity cattle grazing. It is apparently otherwise capable of being used for mining purposes only. The mining activities will be carried out in accordance with the draft environmental authority issued under the Environmental Protection Act 1994. After mining, the -- 3 of 4 -- land will be appropriately rehabilitated. I am satisfied that the proposed mining operations conform with sound land use management. [15] Section 269(4)(j): The mining activities will be carried out in accordance with the draft environmental authority (mining activities) issued by the EPA. The applicant must comply with the various environmental conditions set out in that document. There were no objections to the issue of that authority. I am not satisfied that there will be such an environmental impact caused by the proposed mining operations as to warrant an unfavourable recommendation in the present application. [16] Section 269(4)(k): There was no evidence before me that indicated that the public right and interest would be prejudiced. [17] Section 269(4)(l): There was no evidence before me that indicated any good reason why this application should be refused. [18] Section 269(4)(m): On the basis of the evidence and other material referred to above, I consider that the proposed activity is an appropriate land use. Recommendation [19] Taking into account all of the evidence and other material before me and in particular that referred to above, 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), Application for Mining Lease No. 20433, applied for by the applicant, be granted for the purpose, area and term applied for. -- 4 of 4 --