Adams & Anor, Re [2005] QLRT 71

LAND AND RESOURCES TRIBUNAL QUEENSLAND CITATION: Re Adams & Anor [2005] QLRT 71 PARTIES: In the matter of Application for Mining Lease No 20427 by Reginald Noel Adams and Kenneth Arthur Tobler FILE NO/S: AML195/04 PROCEEDING: Application for mining lease DELIVERED ON: 10 June 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. 20427 be granted for the purpose, area and term applied for. (at [17]) CATCHWORDS: MINING – MINING LEASE – RECOMMENDATION Mineral Resources Act 1989 ss 245, 269(4), 270(1) COUNSEL: N/A SOLICITOR/S: N/A AGENT/S: N/A [1] WINDRIDGE MR: This is an application lodged by Reginald Noel Adams and Kenneth Arthur Tobler under s. 245 of the Mineral Resources Act 1989 (“the Act”) for a mining lease over 7.5625ha of surface area. Each applicant will hold a 50% interest in the tenement. The application area is located on part of Lot 40 on former Survey Plan L5522, now SP158035 County of Cardwell, Parish of Millstream, located approximately 10kms east of Mt Garnet. The application was lodged at the office of the Mining Registrar at Charters Towers on 16 April 2004. One objection was lodged before the closing date for objections which was 20 December 2004. That objection has since been withdrawn. -- 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 are no valid objections to this application. It appears there is no restricted land in the area the subject of the 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 jointly by the applicants on 23 January 2004. 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 22 November 2004 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 treatment plant purposes. The operation will essentially be screening and bagging of diatomaceous earth removed from another mining lease. The product will be trucked off lease for local, interstate and export markets. There are restrictions on other land in the area, making this site the best option. A previous operation by the former owners was conducted on this site. I am satisfied the purpose is an appropriate purpose. 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 applicants propose to mine the product from another lease and haul the diatomaceous earth to this site for processing and bagging. Both applicants have been involved in mining and earthmoving occupations for a number of years. I am satisfied the applicants have the experience and technical background to complete the project. -- 2 of 4 -- 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 needed for the operation, and includes an area formerly used by others for the same purposes. The applicants have sought a mining lease over a surface area of 7.5625ha to cover the operations which include screening and bagging. 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 25 years. There is no evidence to suggest that a 25 year term is inappropriate. The term is supported by the quantity of resource available for extraction from the source lease. The applicants have the option of surrender if processing ceases 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] I am satisfied the applicants have sufficient assets to undertake the proposed operation which is basically a screen, bag, and haul out operation. 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 either of the applicants has not been satisfactory. The applicants state they have not been the subject of any disciplinary action for any alleged breaches. 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 (Adams) held a current Parcel Prospecting Permit 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 held by the current owners under GHPL tenure and has been disturbed by previous treatment/mill site operation. I am satisfied there is no ground for any serious conflict of use or land management issues off the lease area. 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 20 February 2004. 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 there are no valid objections remaining. There is no -- 3 of 4 -- evidence to suggest that the environmental impacts will not be adequately dealt with by compliance with the conditions of the Code. 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 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 application be granted to the applicants over the whole of the application area for the purpose and term sought. -- 4 of 4 --