Apelt & Ors v Minister for Lands [1992] QLC 234

:~~ ~-; _} ~ Re: Determination of Second Period Rent - SL 16/34406, Dalby District Lessees: DE, TD, RL and OM Apelt DECISION (Hearing at Dalby) LAND COURT, BRISBANE. 11th June, 1992. Falling for determination is the rent to be charged during the second period of the lease for SL 16/34406 which commenced on 1st July, 1990. The lease is more particularly described as Lot 34 on PG 382 Parish of Southwood containing an area of about 283.28 hectares, and is situated 88 kms south west of Tara and 50 kms south of Hannaford. The Crown seeks a second period rent of $355 per annum ($5.75/head/annum). Dudley Ernest Apelt furnished evidence in the matter and submits that the Crown assessment is excessive since it was increased from $60 per annum for the first period of the lease, although he says he has very little evidence to rely upon. He has another lease in the Goondiwindi land agent's district (SL 20/40414) containing about 2160 hectares which carries an annual rent of $390 which was assessed in 1986. By comparison, Mr Apelt says that the comparison for the subject lease is outrageous. Mr Apelt told us that he has in his possession rainfall records at his property [1992] QLC 234 -- 1 of 3 -- - Page 2 - going back some 40 years. These reveal an annual average fall of 530 mm and accordingly show a much lower rainfall than the Crown records of an annual rainfall of 630 mm at South Glen. Mr Apelt has read the Crown report and does not agree that an area of 105 hectares comprises fairly level brigalow belah scrub country with good quality soils. He says less than 50% of this area is good soil with the balance running into sand and sandy loam. He comments that the assessed rent of $5. 75 per head per annum is near the top of the rent standard for the District which he believes is $6.00 per head per annum. The Crown recommendation of rent was made by registered Departmental valuer Evan Zander who says that the hypothetical maximum rent in the Dalby District is $7 per head per annum. He describes the country on the subject lease as comprising about 82 hectares (29%) melanholey brigalow belah and wilga scrub merging with 105 hectares (37%) fairly level belah scrub country with 59 hectares (21%) of sandy cypress pine and 37 hectares (13%) box, sandalwood country fronting the Moonie River in the northwest. He agrees with Mr Apelt in that the soil in the 105 hectares of scrub country does include sand and sandy loam types. Mr Zander assesses the carrying capacity at 62 head of cattle, a figure with which Mr Apelt agrees but he says the lease could not carry and fatten at that stocking rate. Mr Zander bases his rent assessment on a contested Land Court determination of the rent for SL 16/40060, Dalby District containing 1310 hectares in the sum of $1,960 per annum at the rate of $6/head per annum. The basic determination is situated 36 kms southwest of Condamine and has a carrying capacity of 1 beast to 4 hectares - or 327 head. Mr Zander sets out in a basis of -- 2 of 3 -- - Page 3 - valuation document his idea as to the comparison between the subject lease and SL 16/40060. He says that both the rent recommended for the subject land and as determined for SL 16 / 40060 are reasonable in view of the maximum rent standard applicable in the District. Mr Zander has no knowledge of the method or basis for the determination of the rent for SL 20/40414, Goondiwindi District. I have caused inquiries to be made in the Department of Lands and it is confirmed that the rent for that lease was determined for the period commencing 1st April, 1986 at $394/annum for the lease area of 2160 hectares. The enquiry also revealed that the rent for the previous period commencing 1st April, 1976 was also $394 / annum. - Apart from that, I can really take the matter no further as I have no evidence as to the type of country of SL 20/40414. Upon my consideration of the matter I cannot conclude that the Crown recommendation is excessive or unreasonable. Certainly no suggestion was made by Mr Apelt that the hypothetical maximum rate of rent in the Dalby District is too high, and I do have the· evidence as to how the subject lease compares with the contested Land Court determination for SL 16/40060. This convinces me that a rent of $5. 75 per head per annum for the subject lease is in line with that determination. Accordingly the rent to be charged for SL 16/34406, Dalby District during the second period of the lease is determined in the sum of $355 per annum. (C.H. Carter) Member of the Land Court. -- 3 of 3 --