Eggerling v Minister for Lands [1993] QLC 74

w1w-::---:-~7 """""'""•\2 ll:·'~'l>"••-- Re: Determination of first decennial period rent- GHPL 29/11023. Longreach District. Lessees: BJ and JJ Eggerling and Another DECISION LAND COURT, BRISBANE. 25th June, 1993. Falling for determination is the first decennial period rent for the above lease which commenced on 1st January, 1990. The lease is more particularly described as Lot 3 on Plan RV73 Parish of Quern and contains an area of 11,280.684 hectares. The leased land is used for sheep grazing and is known as "Wynn Downs". It is situated approximately 83 kms south:west from Long reach and approximately 189 south-west from Barcaldine. The Crown seeks a rent of $1,110 per annum (9.8 cents per hectare) for the relevant period. No appearance was entered on behalf of the lessees but the Crown tendered in evidence a written statement from BJ Eggerling which arrived at the Longreach office of the Department of Lands on the morning of the hearing of the matter. Mr Eggerling submitted in the statement that he did not agree with the Department of Lands recommended rent for the following reasons:- 1. Sandalwood, gidyea and woody weed regrowth. Mr Eggerling suggested that when "Wynn Downs" was inspected by a Mr Peter Whip of the Department of Lands on 6th May, 1993 there was hardly any burr, but since then the lessees have spent 12 days on burr [1993] QLC 74 -- 1 of 5 -- control and total of 35 days for the year of 1993 working on burr control. Mr Eggerling wonders how many days will be spent controlling sandalwood and gidyea, which is so thick in places the grass is choked out. Mr Eggerling feels that the woody weeds are going to become a major landcare problem. 2. Pigs "Wynn Downs" is on Tocal Creek and relatively close to the Thompson River and this means there is a never ending supply of pigs. Mr Eggerling suggests that for some reason unknown, the pigs leave the river in mobs and follow up the creeks at certain times. There is no control over this problem. 3. Foxes. The cover offered by all the creeks is ideal for foxes. 4. Flood damage. Mr Eggerling submits that "Wynn Downs" has two major creeks through it and a number of large gullies which are all very big in flood times with extensive damage always a possibility. 5. Bitumen Road. Mr Eggerling realises that this is not a natural problem but he does not consider it to be an advantage as for the last few years with the increasing number of Tourists there has been a marked jump in less experienced drivers on the road, and along with this greater stock losses. Mr Eggerling submits that of all the neighbouring properties he would like to compare "Wynn Downs" with "Laidlaw" which is on the same creek and has similar country. At the present time "Wynn Downs" has 5,400 sheep and 100 cows and their progeny on hand. There are 40 cows away on agistment. Mr Eggerling suggests that "Wynn Downs" should be rented at a lower rate than "Laidlaw" because it is closer to the river and has more pig problems. I note that the rent -- 2 of 5 -- - Page 3 - assessed for "Laidlaw" is 8.8 cents per hectare. Mr Eggerling submitted in his statement that since the present lessees have been on "Wynn Downs" 4 dams have been desilted along with 5 silt tanks at a total cost of $40,000. A bore on the property needs capping and this would cost in the vicinity of $25,000. Mr Whip describes the nature of the country on "Wynn Downs" as comprising approximately 2,000 hectares (18%), channels of Middle and Widnerpool Creeks, generally lightly grassed, with areas of clay pan and areas of thick seedling gidyea. There is an area of approximately 500 hectares (4%) comprising thickly timbered gidyea country with areas of dense seedling gidyea growth. This country is generally lightly grassed. A further area of approximately 500 hectares (4%) is boree and gidyea country well shaded with some areas of thicker timber. This country is generally well grassed. Approximately 200 hectares (2%) comprises red sandy ridges in the north-west corner, well shaded with sandalbox and mimosa, generally growing sweeter herbage and light grasses, but this area is close to a water point which is fairly well flogged out. The balance of the country comprises approximately 8,081 hectares (72%) of mitchell grass downs country nicely shaded and generally well grassed. Mr Whip assesses the carrying capacity of "Wynn Downs" to be 1 sheep to 1. 7 hectares (6635 sheep). Mr Whip acknowledges that there are pests on "Wynn Downs" particularly foxes, pigs and he confirms there is burr along the creek channels. He describes the pest as being normal for the locality. He also acknowledges there is a flooding problem due to the creeks flowing through the middle of the block. As for his rental assessment, Mr Whip informed the Court that the highest -- 3 of 5 -- - Page 4 - net rate per sheep in the Longreach district recommended as an outcome of the Carter Inquiry into rents is 35 cents per sheep. On the basis of his carrying capacity of 1 sheep to 1. 7 hectares, which is not by any means the best carrying capacity in the Longreach District, Mr Whip uses a prime net rate of 27 cents per sheep. After making allowances shown in a tendered factor sheet for situation (4.7%), water 4%, pest problems (2%) and for flooding, feathertop, seedling gidyea regrowth, and that "Wynn Downs" is split by a main road (4%), Mr Whip adjusts his prime net rate downwards by a factor of 14. 7%. He then proceeds to calculate the rent as follows:- Prime net rate - 27 cents per sheep x 85.3% = 23.03 cents net rate An adopted rent of 13.5 cents per hectare reflects a net rate of 22.95 cents per sheep. From this Mr Whip assesses the rent for "Wynn Downs" at $1,523 per annum. From this assessed rent Mr Whip makes a further allowance of 20% to accord with the Land Appeal Court decision in Re: App eals from decision of the Land Court - determination of rent - PH Stawelton Hu ghenden District and g razin g selections (decision dated 20.3.92). Mr Whip then arrives at a rent of $1,218 per annum. Mr Whip then considers his recommended rent in relation to the rent assessed for "Laidlaw". As a consequence he further reduces the recommendation to $1,110 per annum. Mr Whip commented during the course of his evidence that "Laidlaw" was the most comparable nearby property and he says it has a similar pig and burr problem. He acknowledges that there is a thick seedling growth problem in the -- 4 of 5 -- - Page 5 - gidyea country and that there is very little grass. Mr Whip says there is some dense gidyea country on "Laidlaw" and the country types are similar as between "Wynn Downs" and "Laidlaw". The Crown assessment of carrying capacity on "Laidlaw" was let out from 1 sheep to 1.6 hectares to 1 sheep to 1.8 hectares. Mr Whip says that if he was assessing "Laidlaw" he would use the same carrying capacity as "Wynn Downs" ie 1 to 1. 7 hectares. As I appreciate the assessment made by Mr Whip, he has done his best to align his recommended rent for "Wynn Downs" with that determined for "Laidlaw". He says he has taken into account all the problems raised by Mr Eggerling in his statement. This being the case, I cannot see that the recommended rent for "Wynn Downs" should be further reduced by the Court. Accordingly the rent to be charged for GHPL 29/11023 Longreach district during the first decennial rental period is determined as assessed by the Crown in the sum of $1,110 per annum. (9.8 cents/ha) (C. H. Carter) Member of the Land Court. -- 5 of 5 --