Boral Bricks Pty Ltd, Re [2002] QLRT 30

LAND AND RESOURCES TRIBUNAL QUEENSLAND CITATION: Re Boral Bricks Pty Ltd [2002] QLRT 30 PARTIES: Boral Bricks Pty Ltd (Applicant) and Browns Creek Road Action Group and Raynbird Road Action Group (Respondents) FILE NO/S: AML00015/2002 PROCEEDING: Application for determination of status of objectors DELIVERED ON: 11 June 2002 DELIVERED AT: Brisbane HEARING DATE: 11 June 2002 PRESIDING MEMBER: Koppenol P ORDER/S: 1. Neither Browns Creek Road Action Group nor Raynbird Road Action Group was an “entity” capable of lodging an objection. (at [6]) 2. Both objections struck out. (at [7] ) CATCHWORDS: MINING LEASE APPLICATION – OBJECTIONS – WHETHER 2 OBJECTORS WERE “ENTITIES” CAPABLE OF LODGING OBJECTIONS Mineral Resources Act 1989, s. 260 Environmental Protection Act 1994, s 216 Acts Interpretation Act 1954, s. 36 City of Gosnells v Roberts (1994) 12 WAR 437, followed COUNSEL: N/A SOLICITORS: Ms Z. Farmer, for the Applicant AGENT/S: Ms L. Mount, for Raynbird Road Action Group Mr P Head, for Browns Creek Road Action Group [1] This is an application by the mining lease applicant, Boral Bricks Pty Ltd, for a determination by the Tribunal as to whether or not Browns Creek Road Action -- 1 of 3 -- Group and Raynbird Road Action Group are entities as referred to in s. 260 of the Mineral Resources Act 1989 and s. 216 of the Environmental Protection Act 1994  and therefore whether or not those groups are eligible to lodge objections under those sections. [2] Section 260 of the Mineral Resources Act and s. 216 of the Environmental Protection Act permit an “entity” to lodge an objection. The term entity is not defined in those Acts. Section 36 of the Acts Interpretation Act 1954 defines entity as including a person and an unincorporated body. The Acts Interpretation Act does not define unincorporated body. The Macquarie Dictionary (3rd ed) defines entity as “something that has a real existence”. Butterworths Australian Legal Dictionary defines entity as “a natural person, company, partnership or trust”. I was not referred to any authority which concerned the meaning of the term entity in either the Mineral Resources Act or the Environmental Protection Act. [3] I was told by the representatives of the 2 groups that each group had no constitution or rules and that a person’s involvement with the group depended upon whether he or she lived in a particular area and was concerned about particular issues. Each group was therefore a fluctuating body of persons. There were no “membership” lists. [4] In City of Gosnells v Roberts,1 a question arose before the Full Court of the Supreme Court of Western Australia as to whether a particular club had a legal existence. One member of the Court, Anderson J, said:2 “As to whether there was a lease or agreement for lease to the “club”, in my opinion there was not. In the first place, there was, in truth, no such legal entity. The “club” had no constitution and no rules. It did not therefore have the essential characteristic of an unincorporated association, ie, a composite body of persons in a “legal relationship … giving rise to joint rights or obligations or mutual rights and duties”: see Re Commonwealth Homes & Investment Co Ltd [1943] SASR 211 at 228, per Mayo J. See also Bohemians Club v Acting Commissioner of Taxation (Cth) (1918) 24 CLR 334 at 337, per Griffith CJ. There was a mere aggregation of persons not in any legal relationship, nor bound together by any identifiable consensual arrangement and not defined by any constitution. There was therefore no separate or identifiable entity for whom Mrs Duncan might have had some authority to complete the transaction.” [5] I respectfully agree with those statements, which I regard as apposite here. 1 (1994) 12 WAR 437. 2 At 448. -- 2 of 3 -- [6] In the circumstances, I do not regard either group as an “entity” for the purposes of the Mineral Resources Act or the Environmental Protection Act. It follows that those groups were not legally eligible to lodge the objection which they purported to lodge. [7] Accordingly those objections are struck out. -- 3 of 3 --