Anglo Coal (Callide) Pty Ltd & Anor, Re [2003] QLRT 72

LAND AND RESOURCES TRIBUNAL QUEENSLAND CITATION: Re Anglo Coal (Callide) Pty Ltd & Anor [2003] QLRT 72 PARTIES: Re Application for Mining Lease No. 80107 by Anglo Coal (Callide) Pty Ltd & Anor FILE NO/S: AML00041/2003 PROCEEDING: Application for mining lease DELIVERED ON: 25 July 2003 DELIVERED AT: Brisbane HEARING DATE: Heard on the papers PRESIDING MEMBERS: Koppenol P ORDER/S: 1. Tribunal constituted by President. (at [2]) 2. Hearing dispensed with. (at [3]) 3. Recommendation made that Application for Mining Lease No. 80107 applied for by the Applicants, be granted for the purpose, area and term applied for. (at [20]) CATCHWORDS: MINING – MINING LEASE APPLICATION – RECOMMENDATION Land and Resources Tribunal Act 1999, ss 39, 40 Mineral Resources Act 1989, ss 245, 252(1), 269(4), 270 Environmental Protection Act 1994 Members of the Yorta Yorta Aboriginal Community v Victoria (2002) 77 ALJR 356, applied COUNSEL: N/A SOLICITORS: Swanwick Murray Roche, Rockhampton, for the Applicants AGENT/S: N/A -- 1 of 5 -- Application [1] This is an application by Anglo Coal (Callide) Pty Ltd and Another (the Applicants)1 under s. 245 of the Mineral Resources Act 1989 (the Act) for a mining lease over a 210.1606ha2 area of land (Pete’s Rugby Field) situated approximately 25km north of Biloela for the open cut mining of coal and related purposes (access roads, power lines and dams). The application was lodged with the Mining Registrar for the Rockhampton mining district on 9 September 2002. Two objections to the application were lodged during the public objection period which ended on 29 April 2003 but they have since been withdrawn. Constitution of Tribunal [2] The Applicants requested that a single Presiding Member of the Tribunal hear the matter. I am agreeable to that course and in accordance with ss 39 and 44 of the Land and Resources Tribunal Act 1999, I direct that the Tribunal be constituted for this matter by me. Dispensing with hearing [3] The Applicants requested in their Additional Information and Statutory Declaration form (AISD form) that this application be heard by the Tribunal on the papers and without an oral hearing. Under s 270 of the Act, the Tribunal has a discretion to dispense with the hearing if 4 specified criteria have been satisfied. Because (for reasons which will appear) I am satisfied that (a) the provisions of part 7 (Mining Leases) of the Act have been complied with, (b) there are no extant objections to the grant of the application, (c) no restricted land is involved, and (d) the affected reserve land (part of a road) is being permanently closed, I regard this an appropriate case to dispense with a hearing. I order accordingly. Tribunal’s statutory function [4] In cases such as this, the Tribunal’s statutory function under s. 269 of the Act is to take into account and consider a number of prescribed factors and then to make a recommendation to the Minister for Natural Resources and Minister for Mines about whether the application should be granted or rejected. In doing so, I have considered all of the material that was provided to the Tribunal by the Applicant and the Mining Registrar; however these reasons only refer to such of the evidence as is relevant or necessary for my decision.3 Section 269(4) recommendation [5] Section 269(4) provides as follows: “269 Tribunal’s recommendation on hearing 1 The Applicants’ percentage interests are as follows: Anglo Coal (Callide) Pty Ltd 66.6667%, Anglo Coal (Callide) No. 2 Pty Ltd 33.3333%. 2 The original application area was 229.633ha. The Applicants subsequently abandoned 19.4724ha from the surface area. The abandoned area comprised powerline easements. 3 Members of the Yorta Yorta Aboriginal Community v Victoria (2002) 77 ALJR 356, 396 [191]. -- 2 of 5 -- … (4) The tribunal, when making a recommendation to the Minister that an application for a mining lease be granted in whole or in part, shall take into account and consider whether— (a) the provisions of this Act have been complied with; and (b) the area of land applied for is mineralised or the other purposes for which the lease is sought are appropriate; and (c) if the land applied for is mineralised there will be an acceptable level of development and utilisation of the mineral resources within the area applied for; and (d) the land and the surface area of the land in respect of which the mining lease is sought is of an appropriate size and shape; and (e) the term sought is appropriate; and (f) the applicant has the necessary financial and technical capabilities to carry on mining operations under the proposed mining lease; and (g) the past performance of the applicant has been satisfactory; and (h) any disadvantage may result to the rights of— (i) holders of existing exploration permits or mineral development licences; or (ii) existing applicants for exploration permits or mineral development licences; and (i) the operations to be carried on under the authority of the proposed mining lease will conform with sound land use management; and (j) there will be any adverse environmental impact caused by those operations and, if so, the extent thereof; and (k) the public right and interest will be prejudiced; and (l) any good reason has been shown for a refusal to grant the mining lease; and (m) taking into consideration the current and prospective uses of that land, the proposed mining operation is an appropriate land use. … .” [6] I will deal in turn with the factors set out in section 269(4). [7] Section 269(4)(a): On 9 September 2002, the Mining Registrar issued a Certificate of Application. Pursuant to s. 252(1) of the Act, the Mining Registrar can only do so if satisfied that the Applicants are eligible to apply for the mining lease and have complied with the requirements of the Act with respect to the application. The Applicants have lodged with the Mining Registrar statutory declarations certifying compliance with the statutory requirements for notifying the application within the times required. I note that the land the subject of this application comprises freehold land and a road reserve and that the native title provisions of the Act are therefore not applicable. The affected reserve land (part of a road) is being permanently closed. No restricted land is involved. I am satisfied that the provisions of the Act have been complied with. [8] Section 269(4)(b): The Application seeks the grant of a mining lease for the open cut mining of coal. The Applicants’ AISD form said that the Applicants knew that the proposed mining lease area was mineralised because they had conducted an ongoing exploration program (drilling and geophysical programs) over that area, the results of which have confirmed the existence of the coal resources. The application area abuts the Applicants’ existing Boundary Hill Mine—a conventional large open cut strip mine. I am satisfied that the area is mineralised and that the other purposes for which the lease is sought are appropriate. [9] Section 269(4)(c): The Pete’s Rugby Field mine will be an open cut operation using the Applicants’ existing mining infrastructure from the adjacent Boundary Hill Mine. The proposed lease is an extension of the existing operating mine and a continuous -- 3 of 5 -- mining operation is proposed in respect of the 2 areas. The coal reserves are significant (10mt), such that a 40 year term is sought. I am satisfied that there will be an acceptable level of development and utilisation of the mineral resources within the area applied for. [10] Section 269(4)(d): The Application said that the area and shape applied for was to facilitate the operation of a walking dragline for the exploration of the coal seam and otherwise to follow existing property boundaries. As previously noted, the application area abuts the Applicants’ existing Boundary Hill Mine. There is no evidence to indicate that the size and shape is not appropriate. [11] Section 269(4)(e): A term of 40 years is sought. The Applicants are the sole supplier of coal to the Callide Power Stations and the term sought will ensure access to coal in that area for the expected life of the power stations. I am satisfied that the term sought is appropriate. [12] Section 269(4)(f): The Applicants are experienced coal mining operators with substantial mining activities and access to appropriate financial, technical and other resources. I am satisfied that they have the requisite financial and technical capabilities. [13] Section 269(4)(g): The Applicants have never had a mining show cause notice, mining tenure cancelled, penalty or conviction under the Act. Whilst the Applicants have experienced some environmental compliance issues (principally related to water management) at their Boundary Hill Mine over the last 9 years, the matters raised by the statutory agencies have been appropriately addressed. [14] Section 269(4)(h): The evidence indicates that there are no such underlying tenures which are not held by the Applicants. No disadvantage will therefore result. [15] Section 269(4)(i): The current land use is for cattle grazing purposes. It is otherwise only capable of being used for mining purposes. The mining activities will be carried out in accordance with the draft environmental authority issued under the Environmental Protection Act 1994. After mining, the land will be appropriately rehabilitated. I am satisfied that the proposed mining operations conform with sound land use management. [16] Section 269(4)(j): The mining activities will be carried out in accordance with the draft environmental authority (mining activities) issued by the Environmental Protection Agency. The Applicants must comply with the numerous environmental conditions set out in that document. There were no objections to the issue of that authority. I am not satisfied that there will be such an environmental impact caused by the proposed mining operations as to warrant an unfavourable recommendation in the present application. [17] Section 269(4)(k): There was no evidence before me that indicated that the public right and interest would be prejudiced. The nearest residence is approximately 3.5km west of the north-west corner of the land applied for. Two power transmission lines traverse the application area but will not be affected by mining operations. Part of a road on the land is to be closed and rerouted. The proposed -- 4 of 5 -- mining operation is located in a sparsely populated area. It is significant that there is no current objection to this application. [18] Section 269(4)(l): There was no evidence before me that indicated any good reason why this Application should be refused. [19] Section 269(4)(m): On the basis of the evidence and other material referred to above, I consider that the proposed activity is an appropriate land use. Recommendation [20] Taking into account all of the evidence and other material before me and in particular that referred to above, I recommend to the Honourable the Minister for Natural Resources and Minister for Mines that Application for Mining Lease No. 80107, applied for by the Applicants for the open cut mining of coal and related purposes, be granted over the whole of the application area (210.1606ha) for the term of 40 years. -- 5 of 5 --