Shane Monks represented the Respondent, instructed by Colin Biggers & Paisley.
The Applicants held a mining lease over part of Palmerville Station, a cattle station in far north Queensland held by the Respondent under a pastoral lease, to reprocess tailings from an old gold mine. Unable to agree on compensation, the parties sought a determination by the Land Court under s 281(3) of the Mineral Resources Act 1989 (Qld). The Applicants proposed a total of $2,949, while the Respondent sought $7,513 per annum.
The Court found that the Respondent was neither deprived of possession of the land nor entitled to compensation for diminution of its use. Compensation was limited to weed inspections, administration costs and a 10% contribution to upgrading the access track. Claims for an alternative mustering site and for legal, valuation and negotiation costs were rejected, the latter because such costs do not arise as a consequence of the grant of the lease.
Compensation was determined accordingly.
The judgment can be read by clicking here
