Benney v Vella [2003] QLRT 81

LAND AND RESOURCES TRIBUNAL QUEENSLAND CITATION: Re Benney v Vella [2003] QLRT 81 PARTIES: In the matter of Application for Mining Leases Nos 70120, 7001 and 2032 – Application by L.R. & E.A. Benney (Landholders) for determination of compensation payable by E.J. Vella (Miner). FILE NO/S: MLC00057/2003 MLC00058/2003 MLC00059/2003 PROCEEDING: Applications for determination of compensation DELIVERED ON: 14 August 2003 DELIVERED AT: Brisbane HEARING DATE: 14 August 2003 PRESIDING MEMBER: Smith DP ORDER/S: 1. I order that each Application be dismissed. (at [1]) 2. I make no order as to costs. (at [1]) CATCHWORDS: MINING – MINING LEASE – COMPENSATION – APPLICATION NOT SUSTAINED Mineral Resources Act 1989, ss 281, 283B COUNSEL: N/A SOLICITOR/S: N/A AGENT/S: Mr and Mrs Benney appeared on their own behalf. Mr Vella appeared on his own behalf. [1] SMITH DP: (Ex Tempore) With respect to matters number MLC00057/2003, MLC00058/2003 and MLC00059/2003, the facts and circumstances arising in each of these matters are identical to those dealt with in an Application in a Proceeding which I have determined today in MLC00032/2003.1 In the circumstances, in each of these matters it is my view that the Application cannot be sustained under s. 281 1 See Benney v Vella [2003] QLRT 80. -- 1 of 2 -- of the Mineral Resources Act 1989 (“the Act”) and I therefore order that each of these matters be dismissed. I also make no order as to costs. [2] With respect to each of these three matters, as was the case with matter number MLC00032/2003, the proper course for a Landholder or a Miner to take where the facts as evident in these matters prevail, is for an application to be made under s. 283B of the Act for the Tribunal to review the original compensation. -- 2 of 2 --