Armstrong v Salmon [2002] QLRT 105

LAND AND RESOURCES TRIBUNAL QUEENSLAND CITATION: Armstrong v Salmon [2002] QLRT 105 PARTIES: Dean Linsay Armstrong & Lisa Maree Armstrong (Appellants) v Gavin Keith Salmon (Respondent) FILE NO/S: APTP00063/2002 PROCEEDING: Appeal against determination of compensation DELIVERED ON: 18 December 2002 DELIVERED AT: Brisbane HEARING DATE/S: 12 November 2002, Emerald PRESIDING MEMBER: Koppenol P ORDER/S: Appeal dismissed (at [4]) CATCHWORDS: APPEAL – DETERMINATION OF COMPENSATION – DEPRECIATION – BLOT ON TITLE – INJURIOUS AFFECTION – ACCESS – COMPONENTS OF COMPENSATION – COSTS Mineral Resources Act 1989, ss. 281, 282(1), (8) Land and Resources Tribunal Act 1999, ss. 15(1)(b), 39(2), 40(1)(b), 41(2), (4), Sch 1 COUNSEL: N/A SOLICITOR/S: N/A AGENT/S: Mr G.T. Houen, for the Appellants Mr G.L. Salmon, for the Respondent Background [1] This is an appeal under s. 282 of the Mineral Resources Act 1989 (MRA) against a determination of compensation for the proposed grant of a mining lease over land in the Emerald district. The mining lease was recommended for grant for the purpose of mining sapphire, zircon and corundum. The determination was made by a Deputy President of the Tribunal in the sum of $21,122.55.1 That sum was ordered to be 1 [2002] QLRT 55. -- 1 of 2 -- paid by 1 up-front payment ($10,384.55) within 1 month of the grant of the mining lease and 4 annual instalments (each of $2,684.50). [2] The landowners appealed on 8 grounds. The appeal (together with 2 related appeals)2 was heard in Emerald by a Tribunal panel comprising Mr R. Wright, Mr D. Webster and myself; however the decision is ultimately mine alone.3 A view of the subject land was also conducted shortly after the hearing concluded. Grounds of appeal 1-8 [3] The grounds raised in this appeal are identical to the 8 grounds raised in Armstrong v Salmon [2002] QLRT 104 (the principal judgment). Conclusion and Orders [4] For the reasons set out in the principal judgment, each of the grounds advanced by the Appellants in this appeal fails. The appeal will therefore be dismissed. 2 Armstrong v Salmon [2002] QLRT 104; Armstrong v Salmon [2002] QLRT 106. 3 Land and Resources Tribunal Act 1999, ss. 40(1)(b), 41(2) & (4), Sch 1; MRA, s. 282(1) & (8). Messrs Wright and Webster are members of the Land Tribunal established under the Aboriginal Land Act 1991 and are thus eligible panel members under ss 15(1)(b) & 39(2) of the LRT Act. -- 2 of 2 --