Brown and Brown, Re [2001] QLRT 26

LAND AND RESOURCES TRIBUNAL QUEENSLAND CITATION: Re Barry James Brown and Robert John Brown [2001] QLRT 26 PARTIES: In the Matter of Mining Lease 60322 - Application by Barry James Brown and Robert John Brown for Mining Lease FILE NO: LXX40015/2001 PROCEEDING: Application for Mining Lease DELIVERED ON: 17 May 2001 DELIVERED AT: Brisbane HEARING DATE: 3 May 2001 PRESIDING MEMBER: Kingham DP ORDER: Recommendation to the Honourable the Minister for Natural Resources and Mines that the Mining Lease be granted over the entire application area, for the purpose and the term sought by the Applicants. (at [16]) CATCHWORDS: MINING – MINING LEASE – RECOMMENDATION Mineral Resources Act 1989, ss. 252(1), 269(4) COUNSEL: N/A SOLICITORS: N/A RECOMMENDATION and REASONS [1] KINGHAM DP: This is an application by Barry James Brown and Robert John Brown under s. 245 of the Mineral Resources Act 1989 (the Act) for a mining lease over a 27.1417 ha area of land approximately 59.6 kilometres north/north west of Cunnamulla for mining opals and associated purposes. The application was lodged with the Mining Registrar for the Quilpie mining district on 23 February 2001. No objection to -- 1 of 5 -- the application was lodged during the public objection period, which ended on 6 April 2001. The application was heard in Brisbane on 3 May 2001, Mr Barry Brown appearing by telephone and representing both Applicants. Section 269(4) criteria: [2] In taking account of and considering the criteria specified in s. 269(4), I have relied upon the evidence given personally by Mr Brown and upon material lodged with the Department of Natural Resources and Mines and provided by the Mining Registrar to this Tribunal. 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? [3] On 23 February 2001, the Mining Registrar issued a Certificate of Application. Pursuant to s. 252(1) of the Act, the Mining Registrar can only do so if satisfied that the applicants are eligible to apply for the mining lease and have complied with the requirements of the Act with respect to the application. [4] Pursuant to s. 252A a Certificate of Public Notice was issued by the Mining Registrar on 9 March 20011. The Applicants lodged a Statutory Declaration certifying compliance with the requirements for notifying the application within the time required. I also note the Field Inspection Report of the Field Officer for DNRM at Quilpie indicates that the requirements for marking the boundaries of the application area have been complied with. I note that the underlying tenure is freehold and that the native title provisions of the Act are not applicable to this application. There is no reserve or restricted land involved. 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, living quarters, camp, stockpile ore and overburden. Mr Brown identified the opal resource 1 This commenced the public notification period for both the application for the mining lease and an associated application for an environmental authority (mining lease) under the Environmental Protection Act 1994 (s. 211). -- 2 of 5 -- on the basis of surface indications such as the presence of ironstone and sandstone blows and the results of 9 inch drill samples taken under an Exploration Permit. The area applied for is in a known mineral producing area. On the basis of this evidence, I am satisfied that the area is 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] The Applicants propose to access the resource with 3ft diameter shafts and tunnels and to mine it by underground excavation, using electric or compressed air jack hammers and ancillary hand tools. I am satisfied that there will 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 boundaries of the lease have been determined by the surface indications, the results of the drilling program, restricted areas and the boundaries of each of an adjoining property and another mining lease. The Applicants have 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 Applicants have sought a term of 10 years. Seasonal conditions are such that mining is only possible some 6 months each year. The Applicants expect to exhaust the resource within the mining lease area within that term. I am satisfied that the term sought is 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 Applicants submitted a statement of financial and technical resources with their application. There will be 3 people working the mine, 2 of whom are the Applicants. The other is a miner with substantial experience in this industry and in this area. The Applicants also have access to advice as required from another opal miner/cutter with substantial industry experience. Section 269(4)(g) – Has the past performance of the Applicant been satisfactory? -- 3 of 5 -- [10] This is the Applicants’ first mining lease. However, they have been holders of a prospecting permit and an exploration permit. There was no evidence before me to suggest unsatisfactory past performance by the Applicants in relation to those tenures. Section 269(4)(h) – Will any disadvantage result to the holders of existing exploration permit or mineral development licences or existing applicants for exploration permits or mineral development licences? [11] The only relevant tenure is the underlying Exploration Permit held by the Applicants and two other persons. A statement by the other holders that they had no objection to the mining lease was lodged with the Department on 28 February 2001. 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 sparse cattle grazing. The Applicants have filed a compensation agreement with the landholders in relation to the mining lease. Section 269(4)(j) – Will there be any adverse environmental impacts, and if so, the extent thereof. The Environmental Protection Agency (EPA) issued a draft environmental authority in relation to this mining lease on 2 March 2001. This requires the Applicants to comply with the standard environmental conditions contained in the Code of Environmental Compliance for Mining Lease Projects approved under the Environmental Protection Act 1994. The Code includes relevant conditions for dealing with land disturbance and a special condition for rehabilitating opal mines. Mr Brown indicated that he understood and would comply with the EPA requirements for backfilling and rehabilitation. There was no objection to the draft environmental authority being issued and, pursuant to s. 228 of that Act, the environmental authority must be issued in substantially the same terms. I am satisfied that the standard conditions will adequately deal with the environmental impacts of this activity. Section 269(4)(k) – Will the public right and interest be prejudiced? [13] 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. It is also significant that the Applicants have already reached a compensation agreement with the landholder. -- 4 of 5 -- Section 269(4)(l) – Has any good reason been shown for a refusal to grant mining lease? [14] 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? [15] 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: [16] 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 entire application area, for the purpose and the term sought by the Applicants. -- 5 of 5 --