Fickling, Re [2004] QLRT 148

LAND AND RESOURCES TRIBUNAL QUEENSLAND CITATION: Re K.L. Fickling [2004] QLRT 148 PARTIES: In the Matter of Mining Lease No. 94588 – Application by Kyle Leslie Fickling for Mining Lease FILE NO: AML183/2004 PROCEEDING: Application for mining lease DELIVERED ON: 6 December 2004 DELIVERED AT: Brisbane HEARING DATE: Heard on the papers PRESIDING MEMBER: Kingham DP ORDER/S: 1. Hearing dispensed with. (at [2]) 2. Recommendation made that the Mining Lease is granted over the entire application area, for the purpose and for the term sought by the Applicant. (at [17]) CATCHWORDS: MINING – MINING LEASE – RECOMMENDATION Mineral Resources Act 1989, ss 245, 269(4), 270(1) COUNSEL: N/A SOLICITORS: N/A AGENT/S: N/A [1] This is an application by Kyle Leslie Fickling under s.245 of the Mineral Resources Act 1989 (the Act) for a mining lease over a 8.355ha area of land at East Tyson’s Valley in the Winton Shire for the purpose of mining opal. The Application was lodged with the Mining Registrar for the Winton mining district on 3 September 2004. No objections to the Application were lodged during the public objection period, which ended on 31 October 2004. The underlying tenure is an occupation licence. As this application was filed after 31 March 2003, the native title provisions of the Act do not apply. -- 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 objections to this Application. It appears there is no restricted or reserve land in the area applied for. I am satisfied that the preconditions to exercising my discretion to dispense with a 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 enable 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 of the Applicant sworn on 25 November 2004. 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] On 13 September 2004, the Mining Registrar issued a Certificate of Public Notice.1 The Applicant lodged a Declaration of Compliance with the requirements for notifying the Application, within the time required.2 The Mining Registrar issued a Certificate of Application on 6 September 2004, which he can only do 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.3 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 opal. Mr Fickling has worked as an opal miner for 15 years. He has identified surface traces of opal on the area applied for. There are some old workings on the area applied for. It is in the vicinity of a number of other leases. I am satisfied that the area is generally mineralised. 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] Mr Fickling has experience in mining opal for some 15 years. He intends to commence mining activities as soon as the lease is granted. He will shallow excavate prospective areas before trench mining those that are productive. There is 1 Section 252A. 2 The Mining Registrar extended time pursuant to Section 252C(1)(b). 3 Section 252(1). -- 2 of 4 -- no evidence to suggest that there will not be an acceptable level of development and utilisation of the mineral resource in the area. 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 Applicant determined the boundaries of the lease on surface indications of the area showing the potential to produce opal. The Applicant has sought a mining lease over the entire surface area applied for. 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 10 years. This is consistent with the terms of an Indigenous Land Use Agreement that applies to the grant of opal mining leases in this district. There is no evidence to suggest that the term sought is not appropriate. 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 has stated that he has sufficient resources to undertake the proposed operation. He owns a fully mobile mining camp and has access to an excavator. He currently holds a mining claim and a mining lease in the Winton mining district. He has about 15 years mining experience, 10 of those in the Jundah area. There is no evidence to suggest that the Applicant does not have the necessary financial and technical resources. Section 269(4)(g) – Has the past performance of the Applicant been satisfactory? [10] Mr Fickling holds a mining claim and a mining lease in the Winton mining district. There is no evidence to suggest his past performance 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] There are no other holders of or applicants for exploration tenures that would be affected by the grant. 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 native bushland. The landholder did not object to the application and has entered into a compensation agreement with the Applicant. I also take into account the terms of the environmental authority referred to below in making this recommendation. 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 September 2004. It requires the Applicant to comply with the standard environmental conditions contained in the -- 3 of 4 -- Code of Environmental Compliance for Mining Lease Projects. The authority was publicly advertised and there was no objection to its grant or to its terms. There is no evidence to suggest that the environmental impacts will not be appropriately dealt with by compliance with the conditions of the Code. Section 269(4)(k) – Will the public right and interest be prejudiced? [14] There appears to be no public infrastructure on the area applied for. There was no evidence before me that indicated the public right and interest would be prejudiced. It is significant that there was no objection to this Application. Section 269(4)(l) – Has any good reason been shown for a refusal to grant mining lease? [15] There was no evidence before me that indicated any good reason why this Application should be refused. 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 is granted over the entire application area, for the purpose and for the term sought by the Applicant. -- 4 of 4 --