Cindric, Re [1992] QMW 1

, .• , .. -· ( ' • l I 'l ( .. • REPORI' AND RECCM1ENDATION OF WARDEN PURSUANT SECI'ION 7.27 OF THE MINERAL RESCURCES ACT, 1989- 1990. IN THE MATIER OF: APPLICATIOO FOR MINING LEASE NlMBER 7604 IN THE WESTERN MINING DIS'IRICT. BEFORE: F. W. WINDRII:x:;E, WARDEN APPLICANI': MIR.KO CINDRIC. OBJECI'ORS: NIL. REPORT: This Application for a mining lease for opal is for 14 · hectares situated on BAREEDA HOLDING, County of FERMJY, Parish of CALPINDA. The Application was lodged at the Mining Registrar's Office at WINICN on 8 JULY 1991, and a certificate of application was issued on 30 SEPI'.EMBER 1991, setting the last date for receipt of objections as 28 CCIOBER 1991. No objections were lodged. The fallowing matters have been - taken into account and considered in making my recormnendations. (A)HAVE THE PROVISICNS OF THE MINERAL RESOORCES ACT BEEN Cll1PLIED . • WITH? [1992] QMW 1 -- 1 of 6 -- '' ( 2 The material indicates that the Applicant is an eli.gib1e person. 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 pe rsons. A . declarat i on of posting was lodged with the Registrar 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. The hearing is dispensed with pursuant to section 7.27 of the Act. (B) IS THE LAND APPLIED FDR MINERALISED ffi IS THE OI'HER FUR.POSE FDR WHICH THE LEASE IS Sa.Gil' APPROPRIA'IE? I accept the Applicants' advice and I am sat i sfied 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 FDR IS MINERALISED WILL THERE BE AN ACCEPTABLE LEVEL OF DEVEWFMENI' AND tJrILISATICN OF THE MINERAL RESOORCE.S WITHIN THE AREA APPLIED FDR? I am satisfied the applicant has sufficient resources to develop the land to an acceptable level. -- 2 of 6 -- ( ) ( ( 3 (D) IS THE LAND AND THE SURFACE ARF..A OF LAND IN RESPFCl.' OP WHICH THE MINING LEASE IS SCXJGHT OF AN APPROPRIA'IE SIZE AND SHAPE? There is nothing in the information supplied by the Applicant 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 SCUGHT APPROPRIA'IE? The term of lease applied for is five years. I am satisfied that the term sought is appropriate. (F) HAS THE APPLICANI' THE NECESSARY FINANCIAL AND TECHNICAL CAPABILITIES TO CARRY CN MINING OPERATICNS UNDER THE PROPOSED MINING LEASE? From the information supplied, I am satisfied the applicant 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 applicant has mined opal for a number of years and has the experience necessary to complete the mining operation. {G)HAS THE PAST PERFORMANCE OF THE APPLICANI' BEEN SATISFACTORY? There is no material before me to suggest that the past performance of the Applicant has been·unsatisfactory. -- 3 of 6 -- ( '. I ( 4 (H)WILL THE OPERATIONS 'IO BE CARRIED CN UNDER AUI'HORITY OF THE PROPOSED MINING LEASE CCNFORM WITH SCUND LAND USE MANAGEMENI'? The land appears to be used for cattle 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. 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 Applicant's site management proposals. The evidence leaves me with no reason to believe that the proposed mining operations do not conform with sound land use management. (I) WILL THERE BE ADVERSE ENVIRCN1ENI'AL EFFECI'S CAUSED BY THE PROPOSED OPERATION, AND IF SO, THE .EXI'ENI' THEREDF? The proposed mining activity is in an isolated area away from human habitation. The mining will not have any deleterious effect on any river or creek system. • Chemicals will not 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. -- 4 of 6 -- 5 (J)WILL THE PUBLIC RIGHI' AND INI'ERESI' 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. It appears there are no sites of historical or aboriginal significance within the area. (K) HAS PNf G'.X)D RFASCN BEEN SH:,'WN FOR A REFUSAL 'IO GRANr THE MININ:; 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 INID CCNSIDERATICN THE CURRENT AND PROSPEX:;TIVE USES OF THE LAND? The material indicates that the land is currently used for cattle grazing purposes and appears, on the evidence, to be suitab l e for no other use. In my view, there appears to be no risk of significant conflict between the current land use, or any prospective 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. -- 5 of 6 -- ( ( 6 APPENDICES: The following doct.m1er1ts are appended: * * Copy of declaration of Posting and Advertising dated 21 O:::::tober 1991. Copy of questionnaire corrpleted by the Applicants on 13 O::tober 1991. RECXM1ENDATICN: I recormnend to the Honourable, the Minister that the mining lease be granted, for a term of FIVE years. Further recoornended that the requirement for survey before grant be waived due to the rerrote locality, tilre and cost involved, lack of conflict with the boundary of any other lease or claim, with the provision that should the Honourable, the M:inister require a survey for any reason, the applicant undertakes to have such survey completed as soon as practicable. Dated at BRISBANE this 20TH day of January, 1992 ?KV- F. W. WINDRICGE MINING WARDEN. -- 6 of 6 --