Baynham v The Corporation of the Wujal Wujal Aboriginal Council [2000] QMW 71

IN THE WARDEN' ~~ OF QUEENSLAND HELD AT BRISB IN THE MATTER OF; BEFORE: APPLICANT: RESPONDENT: DETERMINATION: ~-~- DETERMINATION OF COMPENSATION PURSUANT TO SECTION 281 OF THE MINERAL RESOURCES ACT 1989 IN RESPECT OF MINING LEASE NUMBER 20200 IN THE MAREEBA DISTRICT MRFWWINDRIDGE MINING WARDEN JOHN DAVID BAYNHAM THE CORPORATION OF THE WUJAL WUJAL ABORIGINAL COUNCIL The applicant miner JOHN DAVID BAYNHAM (hereinafter referred to as the miner) seeks the renewal of Mining Lease 20200 in the Mareeba District. An application for renewal was lodged on 29 July 1999 at the Registrar's office at Mareeba. The miner seeks a renewal over 81.02 hectares for a term of 4 years commencing on 1 April 2000. The lease is situated on Lot 4566 on PH2201, Parish of Longrah, County of Chelmsford, being part of Bonney Glen Holding. The landowner is the Corporation of the Wujul Wujul Aboriginal Council. Access is through the same land . The Registrar's file indicates that the relevant parties have been notified. Mr Baynham the applicant miner appears. There is no appearance by the Wujal Wujal Council and there has been 20200CMP.l\i1AR 1 [2000] QMW 71 -- 1 of 3 -- - -- - - ------ Warden's Court of Queensland 11 May20O0 no contact or advice regarding any intended appearance. I am satisfied the respondent landowner has received notification but has failed to attend. The hearing took place at Cairns on 18 January 2000. I propose to deal with the matter in the absence of the landowner. The parties being unable to come to any agreement in relation to compensation, the Court is empowered under the provisions of section 281 of the Mineral Resources Act 1989 (the MR.A) to determine compensation. The matters that must be considered are set forth in sub section 3 of that Act. An inspection that was to take place has been abandoned due to the consistent wet weather in this area and bad road conditions. The applicant advises the Court that the lease is 81.02 hectares and is used for tailings darn, plant site and mining. The plant is now mobile and rehabilitation will be completed as mining progresses. The area is over an old mine site at Mammoth Bend. During the term of the renewed lease, the landowners will have full use and access to the surface of the lease for grazing purposes ie there will be no fencing to exclude cattle. The miner indicates that the previous agreement was for payment of a sum of $100 per year, and he seeks to continue this arrangement. There are no submissions from the landowner. Notwithstanding section 281 of the MRA, the Land Court in Mitchell v Oakhill and Mitchell (unreported Brisbane 10 March 1998) found: "Although section 281 of the present act directs the Warden to take those matters into consideration and the Mineral Resources Act provides that an owner of land is entitled to compensation for those particular matters, the latter section does not prescribe a method of valuation. In my view, as long as the amount of compensation finally determined sufficiently accounts for each of the matters referred to in the sub-section, it is not necessary to quantify an amount in ~~-~~~~ of each of the matters referred to." ,,:;'l-(.·::--·-.1':.•·~- C.;:;._.. / ~'l. ~\ I " \~"'q~ ~ -~ -- 2 of 3 -- ---- - - -- Warden's Court of Queensland 11 May2000 In this instance we do not have before and after valuations to consider as evidence. No matter was raised which would necessitate consideration under subsection (4) of section 281. Given the general nature of the operation, i e alluvial mining with a mobile plant, there is unlikely to be any significant loss of income to the owner. Given the circumstances, I am satisfied that a nominal sum of compensation should be awarded and this sum will adequately compensate for those heads of claim which are set forth in section 281(3) and (4) of the MRA (Oakhill v. Mitchell supra). I direct the miner JOHN DAVID MAYNHAM to pay to the landowner the CORPORATION OF THE WUJAL WUJAL ABORIGINAL CORPORATION the sum of $100.00 per annum for the term of the lease. The term of the renewed lease being FOUR years, compensation due is $400. The applicant miner consented to an order for a "one off' payment, and I therefore direct that the sum of $400.00 be paid to the landowner within 60 days of the date of this determination. FW\VINDRID MINING WARDEN ©2000 20200CMP.MAR . gf,May 2000. ) I. 3 -- 3 of 3 --