Barrett, Re [2000] QMW 27

IN THE' MATTER OF: BEFORE: APPLICANT: REPORT: ',... APPLICATION UNDER PART 7 OF THE MlNERAL RESOURCES ACT 1989 FOR A MINING LEASE (NUMBER 70220) IN THE EMERALD DISTRICT MR F W WJNDRIDGE MINING yVARDEN · RODNEY KEITH BARRETT The applicant (hereinafter referred to as the miner or applicant miner) seeks .a mining lease under the provisions of part 7 of the Mineral R_esources Act 1989 (hereinafter referred to as the MRA or the act) for the purpose of mining for SAPPHIRE, ZJRCON, CORUNDUM. The lease is also required for the establishment of infrastructure associated with winning those minerals namely TREATMENT PLANT and TAlLINGS DAM. The application is for surface area of 19.8662 hectares and is situated on LOT 2 on CLM 528, County of CLERMONT, and Parish of KEILAMBETE. Access is not required, as the applicant is the owner of the background tenure. The lease, if granted, is to be known as "KATIE I" Power to grant such a lease is vested in the Governor-in-Council pursuant to section 234 of the act after recommendation 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 70220MLA.EME 1 [2000] QMW 27 -- 1 of 4 -- --------- Warden's Court of Queensland 3 February 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 in respect of which the mining lease is sought is not an appropriate size and shape. The area sought follows the mineralisation. There is no evidence of any conflict with the boundary of any other tenement and therefore the cost and delay of a survey would appear to be not warranted. (e) Is the term sought appropriate? The term of lease applied for is 15 years. 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 of the Act, or surrender at an earlier date under section 309. (1) 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 applicant has the necessary financial and technical capabilities or access to those resources to carry out the mining operation. Mining for sapphire is basically an extractive industry utilising shallow open cuts and does not require extensive plant, processing equipment, or large injections of capital. The applicant has mined sapphires for a number of years and in my opinion has 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]. 70220MLA.EME 4 -- 2 of 4 -- Warden's Court of Queensland 3 February 2000 (j) 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. The proposed mining activity is in an isolated area away from human habitation. The mining will not have any deleterious effect on any river or creek system. Chemicals will not be used in the mining process. Due to low rainfall and the method of mining, erosion will not be a problem provided the usual control measures are put in place. There are no other environmental factors of significance which may be adversely effected by the operation. It is observable from other operations that the disturbed crnst retains more of the natural rainfall~thereby encouraging the regeneration of native flora. The applicant will be required to backfill where possible as mining progresses, keeping out-standing rehabilitation to a bare minimum where possible. By section 35 of the Mineral Resources Regulations 1990, the applicant is required to maintain the lease and access free of parthenium weed and any other weed declared under the Rural Lands Protection Act 1985. (k) Will the public right and interest be prejudiced? No factors prejudicial to the public right and interest have been identified. There appears to be no endangered flora or fauna within the application area. There are no public utilities on or across the application area. There are no sites of historical interest or aboriginal significance within the area. If any such sites are identified, the EMOS can be amended to put forward specific site protection or site avoidance strategies. 70220MLA.EME 6 -- 3 of 4 -- Warden's Court of Queensland 3 February 2000 As the applicant is the owner of the background tenure, a compensation agreement is not required. GENERAL COM.MENTS This recommendation is based on an assessment of the information supplied. Should there be any dispute over dam.age or loss, or should the miner depart from his plan of operations or EMOS, a "stop work'' order can be issued until all breaches or damages are rectified. RECOMMENDATION: Upon consideration of all the matters set forth in s.269(4) of the Mineral Resources Act 1989, I recommend that the mining lease be granted over the whole of the application area for the purpose of mining for SAPPHIRE, ZIRCON, CORUNDUM, and for the establishment of infrastructure namely TREATMENT PLANT and TAILINGS DAM for a term of 15 YEARS (s270(2). Dated at BRISBANE this 3rd day of February 2000. © 2000 70220MLA.EME 8 -- 4 of 4 --