Currumbin Sand & Gravel Pty Ltd, Re [2000] QMW 24

Warden's Court of Queensland IN THE MATTER OF: BEFORE: APPLICANT: REPORT: 28 January 2000 APPLICATION UNDERPART 7 OF 1HE MINERAL RESOURCES ACT 1989 FOR A MINING LEASE (NUMBER 70215) IN THE EMERALD DISTRICT MR A J CHILCOTT ACTING MINJNG WARDEN CURRUMBIN SAND & GRAVEL PTY.LTD. The applicant (hereinafter referred to as the miner or applicant miner) seeks a mining lease under the provisions of part 7 of the Mineral Resources Act 1989 (hereinafter referred to as the MRA or the act) for the purpose of mining for ZEOLITE and for the purpose of STOCK PILE ORE/OVERBURDEN and TREATMENT PLANT/MILL SITE. The application is for a surface area of 32 hectares and is situated on LOT 6 on DM 17 GHPL 37/3526, County of DRUMJvlOND, Parish of GLENMYRA. Access is to be gained through the same area. The lease if granted is to be known as KATIIRYN ONE. 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 (s.363(5)). The landowner has no right of veto. The use of the land for the purposes 70215MLA.EME 1 [2000] QMW 24 -- 1 of 4 -- Warden's Court of Queensland 28 January 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. (e) Is the term sought appropriate? The term of lease applied for is twenty 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 etc., 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 been involved in the mining industry 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 ). 70215MLA.EME 4 -- 2 of 4 -- - -- -- ------ ----------·------------------ Warden's Court of Queensland 28 January 2000 G) Will there be adve.-se 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. This operation will become part of project PJM 70021. The proposed rrrining activity is approximately 1.75 kilometres away from the nearest 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 crust 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. 70215MLA.EME 6 -- 3 of 4 -- Warden's Court of Queensland 28 January 2000 agreement has or has not been filed with the Registrar in accordance with s.279 of the Act. GENERAL COMMENTS This recommendation is based on an assessment of the information supplied. Should there be any dispute over damage or loss, or should the miner depart from bis plan of operations or EMOS and cause loss or damage or interruption to the management of the property not envisaged. or not foreseen in the terms of the compensation agreement, the parties are at liberty to apply to the Court for a detennination or award of compensation, and if necessary, injunctive relief under the powers contained in s.363(6). 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 ZEOLITE and for the purpose of STOCK PILE ORE/OVERBURDEN and TREATMENT PLANT/MILL SITE for a term of TWENTY YEARS, subject to compensation being settled between the parties or determined by this Court. (s.270(2)). Dated at BRISBANE this 28 day of JANUARY 2000. 70215MLA.EME 8 -- 4 of 4 --