Aldridge v Minister for Lands [1993] QLC 85

Re: Determination of second period rent - SL 36/47050. Roma District - Lessee: I. Aldridge DECISION LAND COURT, BRISBANE. 25th June, 1993. The above matter was called on before the Court in Roma on 28th May, 1992 for hearing and determination. The Crown seeks a second period rent of $300 per annum as from the alleged date of the commencement of the second period of the lease viz 1st January, 1990. It is to be noted that the instrument of lease does not provide for rental periods. The matter of the rent to be charged for SL 16/48152 Dalby District (Lessee: c., Queensland Grain Handling Authority) was called on for hearing in Dalby at the same sittings of the Court. The instrument of lease for SL 16/48152 also did not provide for rental periods. After hearing legal submissions made in that case, it was found that the Crown recommendation of the second period rent was a nullity and that the Court had no jurisdiction to consider the matter. The Crown appealed this decision to the Land Appeal Court. Accordingly I took the view that I should not proceed to make a similar determination in this [1993] QLC 85 -- 1 of 5 -- matter until the outcome of the appeal in SL 16/48152 was known. By judgement entered on 4th June, 1993, the Land Appeal Court allowed the Crown appeal and remitted the matter of the rent to be charged for the second period for SL 16/48152 back to the Land Court for determination. In view of the judgment of the Land Appeal Court, I now proceed to determine the second period rent for SL 36/47050, Roma District. The lease is more particularly described as Lot 40 on Plan WV1838, parish of Combabula and contains an area of 3370 hectares. It is part of State Forest Reserve 368 and is situated 30 kms north of the Township of Yuleba and 91 kms east north-east from Roma. The lease issued for grazing purposes and its use is restricted by the usual Schedule Two forestry conditions. Vincent Manley Aldridge, who is the husband of the lessee, had the conduct of her case. Mr Aldridge placed in evidence a statement prepared by the lessee who claims that the carrying capacity of the lease is 1 cow to 67.4 hectares (50 head) in a good season taking all calves out at the weaning stage, and says that the land is unsuitable for running steers due to difficulty in mustering the country because of the very dense cover of timber. In drought years, no use can be made of the lease due to the low protein value of the grass. Mr Aldridge stresses that the land has no potential for improvement due to the restrictive lease conditions and due to the best country being locked up as scientific areas. Mr Aldridge points to water problems on the lease and the bores have proven to be very salty and very corrosive of pipes. Earth tanks also are a -- 2 of 5 -- - Page 3 - problem due to the sandy and porous soils. Natural holes in Yuleba and Sandy Creeks hold only for a short time. Mr Aldridge feels that it is not just to increase the rent (from $90 per annum to $300 per annum) at a time of drought and when there is a downturn in the rural and national economies. Mr Aldridge contends that the rent should remain at $90 per annum. The Crown called in evidence Dr Thomas Winston Gavin Graham who is the senior pasture agronomist with the Department of Primary Industries, an officer in charge of the Roma Research Station. Dr Graham has prepared for the Department of Lands a green paper which is styled BOTANAL - a method of measuring pasture yields on the lease, which he says had only been lightly stocked in 1989 and in early 1990. Stock were removed from the lease prior to the late summer/early autumn rains. Pasture yields were measured in late July, 1990 and it has been assumed by Dr Graham that the tests gave a good estimate of pasture growth resulting from above average summer - autumn rainfall. Country types on the lease were classified and sampling site chosen for most types. Dry matter yields were assessed and tabulated to provide a stocking rate for the whole of the lease. Dr Graham's carrying capacity estimate when available grass was 30% was one dry beast (540 kg live weight) to 26 hectares. At that time pasture availability was good. Dr Graham says that over a 1O year a period of very good to very poor seasons, the carrying capacity of the lease should average 1 beast to 32 hectares (105 head). Also called in evidence by the Department of Lands was Rhys Elijah Duncan -- 3 of 5 -- - Page 4 - Allison who is a registered departmental valuer and who describes the nature of the country on the lease as being level to gently undulating country with a low steep conglomerate jump-up around the lancewood country and with some small flats along .Combabula and Sandy creeks the country generally is inferior cyprus pine comprising:- about 2,710 ha (81%) mixed cyprus pine forest approx. 210 ha (6%) creek flats approx. 170 ha (5%) lancewood country approx. 170 ha (5%) low dense scrubby wattle country approx. 110 ha (3%) in three patches being dense scrub of brigalow and belah Mr Allison considers the country to be suitable only for relief or seasonal grazing and says it is not suitable for breeders on a year round basis. His estimate of carrying capacity agrees with that of Dr Graham (1 beast to 32 ha). Mr Allison's recommended rent is based on his estimate of carrying capacity of 105 head at a rate of $2.80 per beast. This is based on the contested determination of a rent of $900 per annum ($1.70 per beast) for SL 36/41716 Roma District containing 15,900 hectares (Part of State Forest 10) which is situated 80 kms north of Mungallala and 200 kms from Roma, and for which Mr Allison has assessed a carrying capacity of 1 beast to 30 hectares (530 head). Mr Allison sees the subject lease to be more valuable on a per beast basis as it is situated in an area with more reliable rainfall, is closer to Roma, has superior access, and does not suffer to the same extent from the disability of pest problems. -- 4 of 5 -- - Page 5 - Mr Allison told the Court that the he was not happy with the Lands Department carrying capacity as assessed for the first period of the subject lease (1 beast to 20 hectares - 169 head). As a result he called upon Dr Graham and between them they came to the conclusion that the carrying capacity should be lightened to 1 beast to 32 hectares on a dry beast basis. This converts to a carrying capacity of 70 cows (one breeding unit = 1.5 times a dry beast). Mr Allison says that the district rental standard for Roma is $6 per beast. This he reduced to $2.80 per beast to make allowance for variations in country type etc. Now I have no evidence which could suggest that either the district rental standard of $6 per beast or the rate of $2.80 per beast as applied in this case is excessive or unreasonable. But I do have doubts that in reviewing the carrying capacity standard, the Crown has not extended it quite enough. Certainly the lessee has not been able to carry 70 breeders on the lease over time and there is severe limitation on the use of the land due to the Schedule Two forestry conditions. I propose to adopt as a basis for this decision a carrying capacity of 1 beast to 40 hectares - or 84 head of dry cattle or 56 head breeder equivalent. As a result, the rent is determined at the rate of $2.80 per beast in the sum of Two hundred and thirty-five dollars ($235) per annum. C. H. Carter. Member of the Land Court. -- 5 of 5 --