Combe, Re [2004] QLRT 125

LAND AND RESOURCES TRIBUNAL QUEENSLAND CITATION: Re S.P. Combe [2004] QLRT 125 PARTIES: In the Matter of Mining Lease No. 95479 – Application by Stephen Phillip Combe for Mining Lease FILE NO: AML156/2004 PROCEEDING: Application for mining lease DELIVERED ON: 22 October 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, 252, 252A, 252C, 269(4), 270(1). COUNSEL: N/A SOLICITORS: N/A AGENT/S: N/A [1] KINGHAM DP: This is an application by Stephen Phillip Combe under s. 245 of the Mineral Resources MRA 1989 (the MRA) for a mining lease over a 2.7763ha area of land at Malcolm’s Gap, Highlands in the Isisford Shire for the purpose of mining opal. The Application was lodged with the Mining Registrar for the Winton mining district on 1 July 2004. No objection to the Application was lodged during the public objection period, which ended on 12 September 2004. The underlying tenure is a pastoral holding. There is no evidence before the Tribunal regarding compliance with the provisions of the Native Title Act 1993. As this application was filed after 31 March 2003, the native title provisions of the MRA 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 MRA have been complied with in respect of the Application. There were 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 27 September 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 MRA been complied with? [4] On 6 July 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 1 July 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 MRA 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. The Applicant has worked in the opal industry for some 15 years as a miner and as an opal cutter and retailer. He prospected the area some years ago. He has located opal trace and exposed sandstone on the surface of the land, scattered among old diggings from some 20 years ago. The area applied for is in a known mineral producing area. It appears that there are other leases on this property. I am satisfied that the area is generally mineralised. 1 Section 252A. 2 The Mining Registrar exercised his power under Section 252C(1)(b) to extend time for the Applicant to lodge the Declaration of Compliance. 3 Section 252(1). -- 2 of 4 -- 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 commence operations as soon as the lease is granted. The Applicant has experience in mining, cutting and retailing opal. 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. 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 an assessment of the area of mineralisation based on exploration activities. 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 20 years. Whilst that is a lengthy term for a small lease, the Applicant asserts that is the expected life of the mine. I am aware that seasonal conditions mean that this lease is unlikely to be mined all year round. It is significant that there are no objections to the application. 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 proposes to purchase an excavator to use on this lease. He asserts that he sufficient financial resources to purchase or lease the necessary equipment. The Applicant has 15 years experience in the opal industry, some of that in mining. There is no evidence to suggest that the Applicant does not 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 the past performance of the Applicant 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 Applicant 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 used for grazing, although the Applicant states the area is only sparsely covered with spinifex and gidyea and that there is little vegetation of nutritional value for stock. The landholder did not object to the application. -- 3 of 4 -- 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 5 July 2004. It requires the Applicant to comply with the standard 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 is 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 --