Fazzari, Re [2000] QMW 21

IN THE MATTER OF: BEFORE: APPLICANT: REPORT: APPLICATION UNDERPART 7 OF THE WNERAL RESOURCES ACT 1989 FOR A MINING LEASE (NlThIBER 60306) IN THE QUILPIE DISTRJCT MR A J CHILCOTT, ACTING WARDEN FRANK FAZZARI 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 OPAL and for the purpose of associated infrastructure namely WORKSHOP/MACIDNERY/STORE. The application is for a surface area of 13.5 hectares and is situated on LOT 447 on PH 895, PH 10/447 County of WlNDULA, Parish of TUNA, being approximately 52 kilometres west ofErornanga. Access is to be gained through the same area. 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. Save 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 bas no right of veto. The use of the land for the purposes 60306MLA.QUI 1 [2000] QMW 21 -- 1 of 3 -- Warden's Court of Queensland 25 January 2000 nominated is a pennitted use under s.319 of the MRA. Any mining tenure is not subject to the provisions of the Integrated Planning Act, being exempt from the provisions of the Local Government Planning and Environment Act 1990 by virtue of s.319 (Part 8) of the MIU. The application was lodged at the Mining Registrar's Office at QUILPIE on 18 October 1999. A certificate of application was issued on the same date (s.252 (1)) setting the last date for receipt of objections as 15 November 1999 (s.252(2)). No objections were lodged pursuant to s.260(1) of the Act. The following matters have been taken into account and considered in making my recommendations. (s.269(4)). (a) Have the provisions of the Act been complied with? The material indicates that the Applicant is an eligible person as defined in section 5 of the Act and is entitled to make the application under s.232 of the Act. The application area is not located on or forming part of any reserve. I find that the application is therefore not in respect of land over which, pursuant to s.238(1) of the MRA, a mining lease shall not be granted without the consent of another person or persons. There is no relevant permanent building or relevant feature on the land as defmed in s.5 requiring the consent of any person (s.238(1)). At the time of marking out and lodging the application, the applicant was the holder of Prospecting Permit 60942 (s.232(1)). A declaration of posting was lodged on 23 December 1999 (s.252(9)), and service of documents was in accordance with s.399. I am satisfied, on the material, including the uncontested information in the application form and the declaration of posting and advertising that all the provisions of the Act 60306MLA.QUI 2 -- 2 of 3 -- Warden's Court of Queensland 25 January 2000 RECOMMENDATION: Upon consideration of all the matters set forth in s.269(4) of the Act, I recommend that the mining lease be granted over the whole of the application area for the purpose of mining for OPAL and for the establishment of associated infrastructure namely WORKSHOP/MACIDNERY/STORE for a term of TEN (10) YEARS (s.270(2)), subject to compensation being settled between the parties or determined by this Court. Dated at BRISBANE this 25 day of January 2000. AJ. CHILCOTT ACTING MINING WARDEN ©2000 60306MLA.QUI 8 -- 3 of 3 --