Claypave Pty Ltd, Re [2005] QLRT 19

LAND AND RESOURCES TRIBUNAL QUEENSLAND CITATION: Re Claypave Pty Ltd [2005] QLRT 19 PARTIES: In the matter of Application for Mining Lease No 50211 by Claypave Pty Ltd FILE NO/S: AML00091/2004 PROCEEDING: Application for mining lease DELIVERED ON: 17 February 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. 50211 be granted over the whole of the application area for the purpose of mining for clay and shale for a term of 30 years. (at [17]) CATCHWORDS: MINING – MINING LEASE – RECOMMENDATION Mineral Resources Act 1989 ss 245, 269(4), 270(1), 650(1) COUNSEL: N/A SOLICITOR/S: N/A AGENT/S: N/A [1] WINDRIDGE MR: This is an application lodged by Claypave Pty Ltd under s. 245 of the Mineral Resources Act 1989 (“the Act”) for a mining lease over 71.42ha of land 20 kilometres south west of Esk. The application area is located on Lot 7 on RP 195392, County of Cavendish, Parish of Buaraba. The application was lodged at the office of the Mining Registrar at Brisbane on 2 April 2004. A number of objections were lodged, but these objections have since been withdrawn.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 remaining 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 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 supplied by the applicant. 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 20 May 2004 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 the grant of a mining lease for the purpose of mining clay and shale for processing into other products. The applicant has explored the area under the authority of EPM 13990. The area is generally known for the production of clay and shale. I am satisfied that there is adequate evidence of mineralisation. 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 applicant proposes to mine the area using open cut methods, and will process the product off lease at its plant at Dinmore. The applicant company has been involved in the mining industry for a number of years. There is no evidence to suggest that there will not be an acceptable level of development and utilisation of the mineral resource in the area. -- 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 of potential mineralisation. The applicant has sought a mining lease over surface area of 71.42. There is no evidence to indicate the size and shape is not appropriate. Section 269(4)(e) Is the term sought appropriate? [8] The applicant seeks a term of 30 years. There is no evidence to suggest that a 30 year term is inappropriate. The term is required for mining and rehabilitation purposes, and the applicant has 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 company has sufficient assets through company sources to undertake the proposed operation. I am satisfied the applicant company has or has 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. 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 Exploration Permit for Minerals 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 current land use is cattle grazing under favourable conditions. 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 10 May 2004. It requires the applicant to comply with the environmental conditions contained in the Code of Environmental Compliance for Mining Lease Projects. 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. -- 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 mining lease be granted over the whole of the application area for the purpose and term sought. -- 4 of 4 --