Baralaba Coal Pty Ltd & Ors, Re [2005] QLRT 60

LAND AND RESOURCES TRIBUNAL QUEENSLAND CITATION: Re Baralaba Coal Pty Ltd & Ors [2005] QLRT 60 PARTIES: In the matter of Application for Additional Surface Area for Mining Lease No 5605 by Baralaba Coal Pty Ltd & Ors FILE NO: AML58/05 PROCEEDING: Application for additional surface area DELIVERED ON: 20 May 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. 5605 be extended over additional surface area for coal mining and associated purposes. (at [17]) CATCHWORDS: MINING – MINING LEASE – RECOMMENDATION – ADDITIONAL SURFACE AREA Mineral Resources Act 1989 ss269(4), 270(1), 275 COUNSEL: N/A SOLICITOR/S: N/A AGENT/S: N/A [1] WINDRIDGE MR: This is an application lodged by Baralaba Coal Pty Ltd & Ors under s. 275 of the Mineral Resources Act 1989 (“the Act”) for additional surface area for mining lease 5605 over 4.02760ha of land. The surface area is located on an unnamed road which runs through ML5605 in the Parish of Alberta, County of Kimberley located near Hoadley’s Road Baralaba. The application was lodged at the office of the Mining Registrar at Rockhampton on 5 July 2001. No objection was lodged before the closing date for objections which was 13 May 2005. Request to dispense with a hearing - Section 270 -- 1 of 4 -- [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 objections to this application. It appears there is restricted land in the area the subject of the application, but the consent agreements with the relevant parties have been filed. I am satisfied that the preconditions to exercising my discretion to dispense with the hearing have been fulfilled. The material supplied by the applicant 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 applicant on 16 May 2005. I have also relied upon the other material lodged by the applicant 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 19 July 2001 which can only be done if the Registrar is 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. 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 additional surface area for coal mining and purposes associated with the mining of coal on Mining Lease 5605. The area is generally known for the production of coal, and this additional area is required for coal mining and other 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 additional surface area is to be used for coal mining and associated purposes to support the mining operations conducted on the existing 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 additional surface area is within the boundaries of the existing lease No. 5605 being the area that is required for coal mining, the construction of roads, stockpiles, -- 2 of 4 -- levee and safety bund. The applicant has sought additional surface area of 4.027ha. There is no evidence to indicate the size and shape is not appropriate. Section 269(4)(e) Is the term sought appropriate? [8] The additional surface area will be included in Mining Lease 5605. The mining lease will expire on 31 August 2011, having commenced its last term of 21 years on 1 September 1990. 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 company and associated partners have sufficient assets through company sources to undertake the proposed operation. I am satisfied the applicant company and its associated partners have access to the necessary financial and technical resources. 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 company has not been satisfactory. The applicant states there has 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] The applicant held a current mining lease at the time of application. 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 an unmade road reserve totally within the lease boundaries. The land is under the control of the Duaringa Shire Council. 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 30 March 2005. It requires the applicant 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. 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. -- 3 of 4 -- 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 application to have additional surface area included into Mining Lease No. 5605 be granted. -- 4 of 4 --