Edwards & Ors v Robson & Anor [1993] QMW 235

, DETERMINATION OF WARDEN PURSUANT TO SECTION 7(38) OF THE MINERAL RESOURCES ACT 1989. IN THE WARDENS COURT OF QUEENSLAND HELD AT BRISBANE. IN THE MATTER OF: BEFORE: LEASEHOLDER: LANDOWNER: DETERMINATION: DETERMINATION OF COMPENSATION IN RESPECT OF MINING LEASE 40065 IN THE CAIRNS MINING DISTRICT. F.W.WINDRIDGE WARDEN. TERENCE DAVID EDWARDS AND ORS. KEVIN ROBSON and BEVERLY ROBSON. TERENCE DAVID EDWARDS, SYLVIA GLADYS LOUISE EDWARDS, GRAHAM WIL~IAM BYRNE and LYNETTE BYRNE are the applicants for a mining lease for the purpose of mining for gold on an area of four hectares on Mount Gibson Holding on the West Normanby River. The term of the lease is 21 years, and the application was recommended for grant on 9th August 1993 by the Wardens Court . A copy of that recommendation is attached as Annexure 1. [1993] QMW 235 -- 1 of 4 -- --- ---. -------- This determination of compensation is brought before the_ Wardens Court by the Registrar, the landowners and the leaseholder (miners) having failed to file an agreement in relation to compensation in a form acceptable to the Registrar. Under the provisions of Section 7.36(3) of the act, the Warden is empowered to make a determination in accordance with Section 7.38 of the act. Section 7.38 of the act provides that the Wardens Court shall settle the amount of compensation an owner of land is entitled to as compensation for: (i) deprivation of possession of the surface of the land of the owner~ (ii) diminution of the value of the land of the owner or any improvements thereon. (iii) diminution of the use made . or which may be made of the land of the owner and any improvements thereon: (iv) severance of any part of the land from other parts thereof or from other land of the owner. (v) any surface rights of access. (vi) all loss or expense that arises. as a consequence of the grant or renewal of the mining lease. The landowners failed to appear in person and did not lodge any written submission. The leaseholders( applicant miners) -- 2 of 4 -- ----- - -- -- ------ did not appear and did not lodge any written submission . I understand f rom my ex ami nat ion of a com pen sa ti on agreement lod ged wi th the re gi str ar tha t there is no problem with the appl ic ant miners . However, on l y one signature ap pears in rela t ion to the landowners. "B . A.Rob s on ° only appears as the landowner whereas the agr eem ent needs to be with Kevin Owen Robson and Beverly Ann Robson. A fi le note indicates that Mr. Robson is curr en tly in Western Aus t ralia, is in il l health, and in his absence, Mrs. Robson is handli ng everything. Section 7.36(2) provides th at an ag re emen t sha ll not be effective unless it: (a) is in writing signed by or on beha l f of the parties. and (b) is fil e d in the office of the Mining Registrar . ~ The agreement, to be va lid, requires the si gna tur e of both the landowners, or any other person acting under t he au thority of a d~ly ex ecu ted Power o f Atto rne y which must be produce d. No such Power of At to rney has been produced as authorit y for Mr s. Robson to sign on behalf of a ny other party. Therefore, the agre e ment in its current fo r m is invalid for t he purposes of sect ion 7.36 of the Mineral Resou r c es Act 1989. I take the view that the owners, by th ei r fa ilu re to appear and pro duce evid en ce , a nticipate littl e or no los s unde r the head s of compensation contained in section 7.38(3), or any of \ -- 3 of 4 -- the he ads of compensation contained in se ction 7.38(4). I am re-enforced in this v iew by the mon et ary sum agreed upon by the parties in the invalid agreement. Under the circumstances, and in view of the fact that there is no other evidence on which I could rely, I award th e sum of $100.00 to the landowners as compensation to be paid by the leaseholders (applicant miners) to satisfy all heads of compensation set forth in Section 7.38 (3) and (4) of the act for the term of the l ea se. In rela tion to terms, conditions and times of payment ( sec tion 7.38(5), I order that the applicant miners produce proof to the Registrar that such sum has been tendered to the landowners within one month o f the date of this deter mi nation. Should such proof be not lo dg ed , the Registrar is to inform the Hon. the Minister a ccord ing ly in order that the lease applicati~n be rejected. Dated at Brisbane this 22 nd of December 1993. F.W.WINDRIDGE. MINING WARDEN. \ -- 4 of 4 --