BHP Coal Pty Ltd & Ors, Re [2000] QMW 57

IN THEWARDEN'S /~S> ,)" -o;/ OF QUEENSLAND HELD AT BRISB \~ ·~ _.,.,., IN THE MATTER OF: BEFORE: APPLICANT: REPORT: APPLICATION UNDERPART 7 OF THE MINERAL RESOURCES ACT 1989 FOR ADDITIONAL SURFACE AREA FOR MINING LEASE NUMBER 1759 IN THE ROCKHAMPTON DISTRICT MR F W WINDRIDGE MINING WARDEN BHP COAL PTY LTD and OTHERS. The applicant, together with others listed in attachment A of the application, (hereinafter referred to as the miner or applicant miner) seeks additional surface area for mining lease 1759 under the provisions section 275 of part 7 of the Mineral Resources Act 1989 (hereinafter referred to as the MRA or the Act) for the purpose of mining for COAL and for the establishment of infrastructure namely SPOIL HEAPS, ACCESS ROADS and POWER LINES. The application is for surface area of 132 hectares and is situated on Lot 51 on SPl 17237, County of HUMBOLDT, Parish of BLACKWATER. Access is through Special Lease 37/50808 over Lot 22 on Crown Plan HT 600. Power to grant such a lease is vested in the Governor-in-Council pursuant to section 234 of the Act after recorrunendation by the Minister. Except for the reservation in section 8(3). all minerals are the property of the Crown. The grant of a lease does not create any estate or interest in the land (s.10), although there is the power to determine title to land 1759ASA.ROC 1 [2000] QMW 57 -- 1 of 4 -- Warden's Court of Queensland 11 April 2000 (d) Is the area sought an appropriate size and shape? There is nothing in the information supplied by the applicant to suggest that the surface area of the land over which the mining lease is sought is not an appropriate size and shape. (e) Is the term sought appropriate? The applicant seeks a term to expire on 31 December 2008. This surface area will become part of ML 1759. I am satisfied that the term sought is appropriate and will allow for mining and rehabilitation to be completed. The applicant has the option of renewal under s.286 or surrender at an earlier date under s.309. (f) Has the applicant the necessary financial and technical capabilities to carry on mining operations under the proposed mining lease? From the information supplied, I am satisfied the applicants have the necessary financial and technical capabilities or access to those resources to carry out the mining operation. Coal mining is conducted extensively by the applicants in Central Queensland. This area will become part of the Blackwater Mine. The applicants already have extensive plant and processing equipment as part of their current operations. The applicants have mined coal and other minerals for a number of years and in my opinion have the experience necessary to complete the mining operation. [Carr -v- Simnovec (1980) 26 SASR 263 at 268, and Pacminex-v-Aust. Nephrite Jade Mines (1974) 7 SASR 401 at 415]. (g) Has the past performance of the applicant been satisfactory? There is no material before me to suggest that the past performance of the applicant has been unsatisfactory. The local Field Officer and Environmental Officer will be available to monitor performance and rehabilitation and report any breach of conditions. The Inspectorate should monitor the methods adopted for mining, ensuring that industry ~~~ ,/:3.?~ ::_'.'...:.. ~0.,1/1):~ i , ,,· . . '.,,"' I ······-~ \ \\,, ·~:.;; ) / \<✓~~1ii~/ ~~ ..-- -- 2 of 4 -- Warden's Court of Queensland 11 April2000 standards are maintained and that all machinery is operated in a safe and competent manner by licensed persons. (h) Is there any disadvantage to the holder of or applicant for exploration permits or mineral development licences? The applicants were the holder of Mining Lease 1759, a pre-requisite title under s.232 of the MRA at the time of marking out. It does not appear that the holder of or applicant for any other exploration permit or mineral development licence has been affected. (i) Will the operations to be carried on under the proposed lease conform with sound land use management? The land appears to be used for low intensity grazing under favourable conditions, and it seems the proposed mining operation will cause no significant disturbance to stock or stock watering or management facilities. The general nature of the land is described as flat and gently undulating with cleared grazing land. Rainfall is generally low, although good seasons lately have ensured a good cover of vegetation. The property has been purchased by the applicants and the previous landowner will agist cattle on that part of the land that is not required for mining. Information has been supplied as to the Applicant's site management proposals. The evidence leaves me with no reason to believe that the proposed mining operations do not conform with sound land use management. G) Will there be adverse environmental effects caused by the proposed operation, and if so, the extent thereof? An Environmental Management Overview Strategy (EMOS) has been lodged with the Registrar and accepted under delegation, subject to any recommendation of this Court and any further requirement of the Minister. ..-•!-=-~-- ,., :..: ~ .., ~· c· •• 1/ , "' ;\ -..• ,, • \ ~-· ~~/ -- 3 of 4 -- --- ---------- Warden's Court of Queensland 11 April 2000 ♦ The applicant appears to have sufficient experience in the industry to accurately assess the potential of the project. ♦ There is a market for the product and the project will provide employment. In my view, no good reason has been shown for a refusal to grant the lease application (Carr-v- Simnovec, Pacminex-v- Aust Nephrite Jade Mines supra). (m) Is the proposed mining lease operation an appropriate land use, taking into consideration the current and prospective uses of the land? The material indicates that the land is currently used for grazing purposes and appears, on the evidence, to be suitable for no other use. In my view, there appears to be no risk of significant conflict between the current land use, or any prospective land use and the proposed mining operation. The land appears to be Class VI, and post mining will return to Class VI. The proposed mining operation appears, on the evidence, an appropriate land use, taking into account the current and prospective uses of the land. RECOMMENDATION: Upon consideration of all the matters set forth in s.269 (4) of the Mineral Resources Act 1989, I recommend that the additional surface area be incorporated into Mining Lease 1759, the term of that lease expiring on 31 December 2008. Dated at BRISBANE this 11 th April 2000. MINING WARDEN ©2000 -- 4 of 4 --