Burnett v Minister for Lands [1992] QLC 331

Re: Determination of Rent - Second Rental Period - SL 35/48645. LAND COURT, BRISBANE 3rd April, 1992 Lessee: Yvonne Mary Burnett and Graham Claude Burnett DECISION (Hearing in Rockhampton) The subject lease covers an area of about 354 hectares in the parish of Calliungal and situated about 5 kms south-west of Mt Morgan. The land comprises low to high poor forest ridges rising to very steep and rugged country. The carrying capacity of the block on a year round basis in average seasons is estimated by the Crown's Inspecting Officer, Mr Adrian Haks, at 11 head. Mrs Burnett who appeared for herself and her husband said that the block is currently (in a good season) carrying 30 head. She said that a proportion of these cattle will be taken off by the end of May. The lease commenced on 29th October, 1986 It was acquired by the lessees at auction with a rent bid at $1325 per annum. For the second rental period which commenced on 29th October, 1991, the Crown, through Mr Haks, is seeking a continuation of that rent. Mrs Burnett believes that a rent around $700 to $800 per annum would be more realistic. She said that when they acquired the lease they believed that river water would be suitable for stock but · subsequently found to the contrary and have since installed a dam which she believes will provide a permanent supply of water. She also referred to a rental paid by a neighbour holding a special lease which is rented at $300 per annum. This rent, however, was fixed on 1984 values. Mr Haks based his estimate of rent on rents bid at auction for two special leases in the area - 1. (Lot 179 on Plan RN 805600, Calliungal), containing an area of about 91.5 hectares. The rent bid for the rights to graze this area was $1000 per annum. The carrying capacity of the block is. estimated at 9 head or 1 beast to 1O hectares. 2. (Lot 117 on Plan RN 1300) which [1992] QLC 331 -- 1 of 2 -- 2 fetched a rental of $220 per annum for a parcel of about 21.6 hectares. In the opinion of Mr Haks this block could carry about 1 head. In the first case - Lot 179 - the rent bid for the right to graze the land is equivalent to a rent per beast of $111. This block has a better carrying capacity than the subject land and it appears that the block contains more softer country. It provides a better basis for comparison purposes than the second block referred to as there is some similarity and comparability in the total number of stock which may be carried. On reading the reports provided by Mr Haks, it seems that the basis; that is, the first basis, has better country than the subject land and thus could be expected to turn cattle off in better condition. In the circumstances, it seems reasonable that some adjustment should be made in the recommended rent for the subject lease. A rent per beast per annum of $100 in my opinion would be a better relationship than the rent recommended. Accordingly, the rent to be charged for Special Lease No 35/48645 during the second rental period of the lease is determined at $1100 per annum. D.M. White Acting President of the Land Court -- 2 of 2 --