Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 722G

(1) Cherwell Creek may apply to the Land Court for an order for the payment of compensation for the loss of its opportunity, because of the enactment of this part, to commercialise the MDLA364 coal resource.

(2) An application may only be made within 3 months after the commencement day.

(3) The prescribed persons are parties to the proceeding on the application.

(4) On an application under this section, the Land Court must—

(a) decide whether any compensation should be payable; and

(b) if it decides compensation should be payable—

(i) decide the amount of compensation; and

(ii) make an order for payment of the amount by the prescribed persons to Cherwell Creek.

(5) In making a decision under subsection (4), the Land Court must have regard to the likelihood that, had this part not been enacted, Cherwell Creek, alone or in conjunction with another person, would have been able to commercialise the MDLA364 coal resource, having regard to the following matters—

(a) the likely extent and quality of the MDLA364 coal resource;

(b) the likely mineability of the MDLA364 coal resource;

(c) the likely market for any coal mined from the MDLA364 coal resource;

(d) the likely life of a mine for the MDLA364 coal resource;

(e) the likely coal revenue generated from the MDLA364 coal resource;

(f) the likely coal revenue generation costs;

(g) the likelihood of a mining lease, appropriate for Cherwell Creek to commercialise the MDLA364 coal resource, being granted under this Act;

Note—

See sections 269(4) and 271(2) for matters that the Land Court and Minister take into account in dealing with an application for the grant of a mining lease.

(h) any other relevant matter.

(6) Cherwell Creek may appeal to the Land Appeal Court against a decision of the Land Court under this section only on the ground of error of law.

(7) Subsection (6) applies despite the Land Court Act 2000, section 64.

(8) In this section—

coal revenue generation costs means the costs of generating revenue from the MDLA364 coal resource, including the costs of, or relating to, the following—

(a) the proving up of the MDLA364 coal resource;

(b) mine planning and environmental planning;

(c) development and construction of a coal mine and associated infrastructure;

(d) compliance with this Act, the Environmental Protection Act 1994 and the Coal Mining Safety and Health Act 1999;

(e) extraction of coal;

(f) preparation of coal;

(g) transportation, including access to railways, ports or other relevant infrastructure;

(h) employed or contracted labour;

(i) equipment;

(j) marketing;

(k) financing;

(l) rent and royalties payable to the State.

MDLA364 coal resource means the coal resource in the land that, as at the beginning of 14 April 2008, was the subject of application for mineral development licence 364.

prescribed persons means the persons who are the holders of mining lease 1775 on the commencement day.