AMCI (CQ)Pty Ltd & Anor, Re [2005] QLRT 105

LAND AND RESOURCES TRIBUNAL QUEENSLAND CITATION: Re AMCI (CQ)Pty Ltd & Anor [2005] QLRT 105 PARTIES: In the matter of Application for Mining Lease No 70338 by AMCI (CQ) Pty Ltd and Nebo Central Coal Pty Ltd FILE NO/S: AML110/05 PROCEEDING: Application for mining lease DELIVERED ON: 5 August 2005 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 and Mines that Mining Lease No. 70338 be granted over the whole of the application area for coal mining and associated purposes for a term of 10 years. (at [17]) CATCHWORDS: MINING – MINING LEASE – RECOMMENDATION Mineral Resources Act 1989 ss 245, 269(4), 270(1) COUNSEL: N/A SOLICITOR/S: N/A [1] WINDRIDGE MR: This is an application lodged by AMCI (CQ) Pty Ltd and Nebo Central Coal Pty Ltd under s. 245 of the Mineral Resources Act 1989 (“the Act”) for a mining lease over 245ha of land of which all is surface area. The applicants will hold interests in the lease at 60% and 40% respectively. The application area and access is as described in the application, the surface area being on Lot 4, CP903281, Parish Ingsdon, County Grosvenor, located approximately 20kms north-east of Moranbah. The application was lodged at the office of the Mining Registrar at Emerald on 2 December 2004. No objection was lodged before the closing date for objections which was 12 July 2005. -- 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 were no valid 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 applicants 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 and Statutory Declaration sworn on behalf of the applicants on 15 July 2005. I have also relied upon the other material lodged by the applicants 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 16 May 2005 which can only be done if the Registrar is satisfied that the applicants are eligible to apply for the mining lease and have 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 coal mining and ancillary purposes associated with the mining of coal. The applicants have investigated the area under the authority of an exploration permit (EPC 667). The area is generally known for the production of coal, and this lease is required for coal mining and purposes associated with the mining of that resource. 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 lease is to be used for coal mining and associated purposes to support the mining operations conducted on that lease. I am satisfied that the purposes stated in the application reflect an acceptable level of development. 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 that is required for the mining and construction of haul roads, access/right of way, spoil heaps, settlement/tailings/diversion dams, transport roads, site facilities, office and -- 2 of 4 -- workshop facilities and coal stockpiles. The applicants have sought a lease over surface area of 245ha. There is no evidence to indicate the size and shape is not appropriate. Section 269(4)(e) Is the term sought appropriate? [8] The applicants seek a term of 10 years. There is no evidence to suggest that a 10 year term is inappropriate. The term is required to support mining of the resource of about 1.27mt and rehabilitation by the applicants. The applicants have 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 companies have sufficient assets through company sources to undertake the proposed operation. I am satisfied the applicants have or have access to the necessary financial and technical resources needed to complete the project. 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 companies has not been satisfactory. The applicants states there have been no show cause or conviction imposed in respect of mining operations. 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] At least one of the applicants held a current exploration permit for coal 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 currently suitable for cattle grazing under favourable conditions, but is otherwise suitable for the extraction of the resource. 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 13 March 2005, effective from that date. It requires the applicants to comply with the environmental conditions contained in the Code of Environmental Compliance for Mining Lease Projects. The draft authority was publicly advertised and no objections were lodged in relation to it. There is no evidence to suggest that the environmental impacts will not be adequately dealt with by compliance with the conditions of the Code. -- 3 of 4 -- 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. I take into account that there was no valid objection to this application on public interest grounds. 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 and Mines that the mining lease be granted to over the whole of the application area for the purposes and term sought by the applicants. -- 4 of 4 --