To Main page


Return to Index Page
Home Page | Search | Log in to add News
News Item Page11 to 12.
There are 21 News Items
Previous 1 2 3 4 5 6 7 8 9 10 11 Next
LRMA News 23 September 2008

MUTTABUN COMPENSATION ASSESSMENT



Mr Slack-Smith withdrew his application for an assessment of compensation at a review hearing held in the Mining Warden’s court last Thursday 18 September 2008. LRMA solicitor, Mr Moore, acting on behalf of the claimholders agreed to the withdrawal of the matter subject to an application for costs.

Mr Moore argued that this was an unusual case as there is already an arrangement for compensation in place and that the application could be seen as an application for additional compensation. As required by the court the miners had already filed an expert report which Mr Moore argued was a necessary expense as Mr Slack-Smith was going to challenge any subpoena to try and work out what his compensable loss would be.

Mr Moore submitted to the court that the only reason Mr Slack-Smith has withdrawn his application is that once he had seen the experts report which assessed the grazing loss to be $2.73 per mineral claim, he realised the current arrangement is more than generous.

Mr Brown acting on behalf of Mr Slack-Smith denied that this was the reason for withdrawing the application. He stated that the reason was it was impossible to obtain an alternative report in time for the hearing or in the near future and the application was lodged without legal advice and prematurely.


The Warden in handing down his decision posed the question “… should a respondent (the miners in this case) be required to expend monies to challenge an application and then be left in a position where it is unable to place any evidence before a court in support of its case?”


The Warden then went onto say “With the greatest respect to Mr Slack-Smith, one would have thought that he would have sought expert opinions as to the possible compensation that ought to be payable, before making application. He then would have been in a position to seek legal advice as to whether there was any likelihood of success before lodging the application.”


The Warden made the order “The applicant (Mr Slack-Smith) is to pay the respondent’s (miners) costs as agreed. If no agreement, the costs are to be assessed on the basis of party/party costs (legal fees) and the costs of the preparation of the report of WHK Ivey dated 11 August 2008. “


The upshot is that the status quo remains and by agreement through the Lightning Ridge Mining Board miners will continue to pay $30 compensation per claim.


Whilst any party, miners or landholders, can lodge an assessment for compensation at any time hopefully this will put the issue of compensation to bed for quite some time. The LRMA has consistently argued for many years that the compensation paid to landholders is more than generous and the expert’s report from WHK Ivey certainly bears this out. The LRMA will be tabling the experts report at the next Lightning Ridge Mining Board meeting.

WYOMING SUPREME COURT CASE


There was a call over in the Supreme Court last week in regards to Mr Parkin’s appeal and a timetable has been set. Mr Parkins side has one month to finalise the amendments to their summons (that is the grounds on which they are appealing the Mining Wardens interpretation of the law). The LRMA will have 21 days to respond, Mr Parkins then has 7 days to respond to our submission and the matter will then be set down for hearing. Should Mr Parkins lose the appeal it is more than likely that the court will award the LRMA costs or at least a percentage of our costs.

In the meantime the claim conditions have been finalised for Wyoming and are similar to those on OPA 4 and those miners with pending claims should receive a letter from the Department shortly detailing what they will be required to do to have their claim granted. This will more than likely involve completing a Mines Operation Plan and attending an Environmental Awareness Course, if they have not already done so.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Maxine O'Brien
Secretary/Manager
Lightning Ridge Miners' Association Ltd
PO Box 177, Lightning Ridge NSW 2834
Ph: 02 6829 0427, Fax: 02 6829 0830
Mob: 0427 920 474
Email: lrma@lightningridge.net.au


29 September 2008 10:49pm
LRMA News 16 september 2008
MUTTABUN COMPENSATION ASSESSMENT

The Chief Mining Warden is holding a review hearing into Mr Slack-Smith’s application for a determination of compensation for his property ‘Muttabun’, this Thursday 18 September 2008.

Mr Slack-Smith’s legal representative has advised that he will be seeking leave from the Warden to withdraw his application at this hearing. If the Warden grants this leave the matter will be over and the status quo will remain. The LRMA has incurred substantial costs, particularly in respect to an experts report on what the expert believes compensation should be. This report is extremely favourable to the mining industry and will be very handy for the future.

We also have one other matter before the courts and that is Mr Parkins, ‘Wyoming’ appeal on the Wardens interpretation of access which is currently in the Supreme Court. There is to be a call over of this case as we go to print. Progress to date has been negligible and we are still waiting on the exact grounds for the appeal. Hopefully we will be able to update you on some progress next issue.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Maxine O'Brien
Secretary/Manager
Lightning Ridge Miners' Association Ltd
PO Box 177, Lightning Ridge NSW 2834
Ph: 02 6829 0427, Fax: 02 6829 0830
Mob: 0427 920 474
Email: lrma@lightningridge.net.au

16 September 2008 05:23pm