Connolly & Ors, Re [1992] QMW 22

1 REPORT AND RECOMMENDATION OF WARDEN PURSUANT TO SECTION 7 .27 OF THE MINERAL RESOURCES ACT, 1989. IN THE MATTER OF: BEFORE: APPLICANT: OBJECTORS: REPORT: APPLICATION FOR MINING LEASE NUMBER 95019 IN THE WESTERN MINING DISTRICT. F.W. WINDRIDGE, WARDEN. KATHLEEN DENISE CONNOLLY, BRIAN MALCOLM CONNOLLY, MICHAEL GEORGE CUPITT and ROBERT JAMES CUPITT in equal shares. NIL. This Application for a mining lease for opal is for 35 hectares situated on BRIGHTON DOWNS PASTORAL HOLDING, County of BINBURIE, Parish of URBANA. The Application was lodged at the Mining Registrars Office at WINTON on 31 March 1992, and a certificate of application was issued on 31 March 1992, setting the last date for receipt of objections as 30 APRIL 1992. No objections were lodged. [1992] QMW 22 -- 1 of 7 -- 2 The following matters have been taken into account and considered in making my recommendations. A} HAVE THE PROVISIONS OF THE MINERAL RESOURCES ACT BEEN COMPLIED WITH? The material indicates that the Applicants are eligible persons as defined in Section 1 .8 of the Act, and are thus entitled to make the application under Section 7.2 of the Act. I accept, on the material before me, the Application is not in respect of land over which, pursuant to Section 7.6 of the Mineral Resources Act, 1989-1990, a mining lease shall not be granted without the consent of another person or persons . A declaration of posting was lodged on the 21st APRIL 1992, and 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 Mineral Resources Act, 1989-1990 (other than the provisions requiring the hearing) have been complied with. I dispense with the hearing pursuant to Section 7.27 of the Act. (B) IS THE LAND APPLIED FOR MINERALISED OR IS THE OTHER PURPOSE FOR WHICH THE LEASE IS SOUGHT APPROPRIATE? -- 2 of 7 -- 3 I accept the Applicants advice and I am satisfied on the detailed information given by them that the purpose for which the lease is sought is appropriate. The application area is within an area generally recognised as opal bearing. (C) IF THE LAND APPLIED FOR IS MINERALISED WILL THERE BE AN ACCEPTABLE LEVEL OF DEVELOPMENT AND UTILISATION OF THE MINERAL RESOURCES WITHIN THE AREA APPLIED FOR? I am satisfied that one of the partners has sufficient assets to develop the land to an acceptable level. (D) IS THE LAND AND THE SURFACE AREA OF LAND IN RESPECT OF WHICH THE MINING LEASE IS SOUGHT OF AN APPROPRIATE SIZE AND SHAPE? There is nothing in the information supplied by the Ap plicant 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 FIVE years. I am satisfied that the term sought is appropriate to allow mining and rehabilitation to be completed. -- 3 of 7 -- 4 (F) 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 one of the applicants has the necessary financial and technical capabilities to carry out the mining operation. Mining for opal is basically an extractive industry and does not require complicated plant or processing equipment. The applicants state they have mined opal for a number of years and has the experience necessary to complete the mining operation. (G) HAS THE PAST PERFORMANCE OF THE APPLICANT BEEN SATISFACTORY? There is no material before me to suggest that the past performance of the applicants has been unsatisfactory or satisfactory. Any unsatisfactory performance would be recorded in departmental records. (H) WILL THE OPERATIONS TO BE CARRIED ON UNDER AUTHORITY OF THE MINING LEASE CONFORM WITH SOUND LAND USE MANAGEMENT? The land appears to be used for grazing and it seems the proposed mining operation will cause no significant disturbance to stock or stock watering or management facilities. The general nature of the land is rocky with spinifex and stunted scrub in places. -- 4 of 7 -- 5 There is no arable top soil. Rainfall is low. Stock fodder is generally of poor quality and non-existent in drought years. Detailed information has been supplied as to the Appli c ants site management proposals. The evidence leaves me with no reason to believe that the proposed mining operations do not conform with sound land use manag e ment. (I) WILL THERE BE ADVERSE ENVIRONMENTAL EFFECTS CAUSED BY TH E PROPOSED OPERATION, AND IF SO, THE EXTENT THEREOF? The proposed mi ning activity is in an isolated area away from human hab i tation. The mining will not have any d e leteriou s effect on any river or creek system. Chemicals will no t be used in the mining process. Due to low rainfall, and the method of mining, erosion will not be a problem. There are no other environmental factors of significance indicated in the evidence which may be adversely effected by the mining operation. (J) 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. It appears there are no transmission lines, pipe lines, railway lines or cables on or across the application area. -- 5 of 7 -- 6 It appears there are no sites of historical or aboriginal significance within the area. (K) HAS ANY GOOD REASON BEEN SHOWN FOR A REFUSAL TO GRANT THE MINING LEASE? In my view, no good reason has been shown for a refusal to grant the mining lease. (L) IS THE PROPOSED MINING LEASE OPERATION AN APPROPRIATE LAND USE, TAKING INTO CONSIDERATION THE CURRENT AND PROSPECTIVE USES OF THE LAND? Th e material indicates that the land is currently used for grazing purposes and appears, on the evidence, to be suitable for no other use. In my view, there appears to be no risk of significant conflict between the current land use, or any pr o spective land use, and the proposed mining operation. The proposed mining operation appears, on the evidence, an appropriate land use, taking into account the current and prospective uses of the land. -- 6 of 7 -- 7 APPENDICES: The following documents are appended: * Copy of declaration of Posting and Advertising dated 21 April 1992. * Copy of questionnaire completed by the Applicants. RECOMMENDATION: I recommend to the Honourable, the Minister that the mining lease be granted, for a term of FIVE years, subject to the rent, royalty and rehabilitation history of the applicant ( if any ) being satisfactory .. Dated at BR ISB ANE this 29th day of April, 1992. MINING WA • ....,..... -- 7 of 7 --