Costello v Marks & Anor [1990] QMW 1

IN THE WARDENS COURT OF QUEENSLAND HELD AT BRISBANE. BEFORE: IN THE MATTER OF: APPLICANT: OBJECTORS: DATE OF HEARING: DECISION. FRANCIS WILLIAM WINDRIDGE, ESQUIRE. WARDEN. APPLICATION FOR MINING LEASE NUMBER 926 (GYMPIE) IN THE BRISBANE MINING DISTRICT. JOHN DOUGLAS COSTELLO. DUDLEY JOHN MARKS SHERILYN ANN MARKS 11 SEPTEMBER 1990. This application for a Mining Lease, for the purpose of mining for gold, is for 9.33 hectares situated in the former Gympie Mining District. The application was lodged at the Wardens Office at Gympie on the 30th of May 1989. The Certificate of Application issued on 9th January 1990 and the hearing was conducted on 11th September 1990. The application is deemed under Clause 3(1D)(b) of the Second Schedule of the Mineral Resources Act 1989-1990 (the Act) to be an application under that Act. The applicant, through his solicitor, has submitted further information required by paragraph (d) of Clause 3(10) of the Act prior to the hearing. r [1990] QMW 1 -- 1 of 6 -- ) 2. One objection to the application was lodged by the land holders D.J. &S.A. MARKS. Prior to the hearing, part of the surface area of the application was abandoned, leaving an area of 7. 73 hectares as the application area. The applicant holds M.L. 827 and M.L. 804 in the immediate area of the current application. In fact the current application completely surrounds M.L. 804. I turn now to Section 7.27 of the Act. I am satisfied, on the evidence including the uncontradicted information in the application form and the declaration of posting and advertising, that all the procedural provisions of the Mineral Resources Act have been complied with. Upon giving consideration to the question to whether the area of land applied for is mineralised or whether the other purposes for which the lease is sought are appropriate, , the evidence tendered by the applicant is to the effect that: a. the lease application is located in an historic goldfield. b. historical notes refer to Chinaman Creek and Nuggety Gully as producing traces. c. sampling and assay tests conducted by the applicant were favourable. d. information from other persons with experience in that area indicated the presence of gold. In relation to an acceptable level of development, the applicant states he will sink a shaft, with the assistance of others in 1991, then drive into the application area from that shaft. -- 2 of 6 -- 3. In relation to size and shape, the evidence suggests that the surface area of the land in respect of which the mining lease is sought is of an appropriate size and shape. I am satisfied the term sought is appropriate, given the size of the proposed operation. The only evidence the applicant has put forward as to his financial and technical abilities is his income as a legal practitioner and his experience in mining operations over the past ten years. He has no formal training as a geologist or metallurgist. On past performance, the evidence suggests the applicant has held two other mining leases, but has been hindered in the development of these leases by the lack of water and difficulty with access. It might be more correct to say that there is no evidence of unsatisfactory performance, discounting the lack of production because of those two problems. In considering sound land use management, I note that the preferred method of mining is to shaft and drive. Therefore there will be no need, or should be no need, to clear the land or destroy any standing timber. The application area is to a large extent over grown with lantana. Environmental factors of significance will be limited if mining is restricted to shafts and drives and alluvial mining is prohibited. No factors prejudicial to the public interest have been identified. -- 3 of 6 -- 4. There are a number of problem areas is Sub-section 3 for the applicant, and I will return to those shortly. The land holders, who are the objectors, are 'absentee land lords' for want of a better term. Mr Marks, who was the only objector to give evidence, states he has owned the property for some five years. He currently lives in Newcastle N.S. W. His family and/or friends visit the property occasionally. From inspections carried out, Mr Marks has done no developmental work although some fences have been resurrected and cattle are present. The property may be described as an abandoned farm overgrown in many places by lantana. The land holder states his preferred plan for development is to clear portions and plant olive trees. Together with the presence of cattle, one wonders if this type of development would be more of an environmental hazard than a small one man gold mining operation with strict controls, given the land holders claim of the unique nature of the vegetation and environment of that area. Relationships between the land holder and the miner are hot good in this instance. The main area of conflict appears to be the access route desired by the applicant. Since the hearing there have been three inspections of the area, including one by a departmental environment officer. The access requested by the land holder is, in my opinion longer than necessary, potentially dangerous, expensive to install and maintain, and a risk of unwarranted environmental damage. The access desired by the applicant is shorter, already formed and consolidated. A large portion of that access route has been in existence for a number of years, being a forestry track. I reject the objectors views on this point, and accept the applicants proposed access route as the more desirable and preferred route. -- 4 of 6 -- 5. However, as indicated, the applicant has some problems and I now return to those particular points. Section 7 .26(3)(b) - Mineralisation. There is no firm evidence before the Court in relation to mineralisation. The applicants evidence on this point is either historical, hearsay, or personal sampling. There are no drilling results or assay test results before the Court. Section 7 .26(3 )(c) - Development. In view of (b) above, no opinion can be formed about acceptable development. Section 7.26(3)(f) - Financial and Technical capabilities. The applicant does not possess industry related qualifications. He refers to ten years experience as a small miner, but his is not substantiated in any way. The('e is no evidence of financial resources available to develop the application area. Section 7.26(3)(i) - Adverse environmental effect. There is evidence that regrowth quickly claims cleared areas, but large scale clearing of the shrubbery and lantana, given the occasional heavy rainfall, the steep nature of the terrain, and the option of alluvial mining, mining in this area has the potential to cause pollution and silting of the watercourse and degradation of the hillside. There was no effective plan or strategy put forward for rehabilitation. For those reasons I recommend that the Minister refuse the application. -- 5 of 6 -- 6. However, should the applicant satisfactorily address the above matters, it is suggested that the Minister, if exercising his discretion to grant the application, impose the following conditions or conditions of a like nature: 1. The applicant obtain the consent of the Queensland Department of Forestry to traverse part of a forestry track in the State Forest as part of his defined access route, and abide by any conditions imposed with respect to that consent. 2. The applicant obtain the relevant permit from the Water Resources Commission if he desires to pump water as part of mining operations. 3. Movement of vehicles along the access route be limited to those of the applicant necessary for the purpose of mining. 4. No vehicle access be permitted for vehicles with a G.V.M. in excess of one (1) tonne. 5. No access be permitted in wet weather. 6. Clearing of vegetation from the slopes be prohibited except when necessary for mining operations, and then only if adequate measures are taken to prevent runoff. 7. Revegetation and rehabilitation plans be formulated. 8. A plan of operations be submitted before mining commences. 9. Any material mined to be treated 'off-site' and unwanted material be stockpiled for rehabilitation purposes. 10. Chemicals and/or fuels, oils, etc are not to be stored on the lease area. -- 6 of 6 --