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[2025] QCA 87
The applicant sought to appeal decisions of the Land Appeal Court in respect of the proper construction of s 68(1)(b)(i)(A) Mineral Energy Resources (Common Provisions) Act 2014. In considering the meaning of “dam” for the purposes of that provision, the Land Appeal Court had concluded that a broader definition of “dam” (encompassing both the physical barrier and the reservoir of water that barrier creates) constituted the proper construction of the section. Considering the ordinary meaning of the section, its statutory context, and its legislative history, the Court of Appeal concluded that the construction preferred by the Land Appeal Court was the correct one.
Boddice and Brown JJA and Crowley J
30 May 2025
The applicant sought leave to appeal the decisions of the Land Appeal Court, which concerned the proper construction of s 68(1)(b)(i)(A) Mineral and Energy Resources (Common Provisions) Act 2014 (“the Act”). [1]–[2].
The decision of the Land Appeal Court arose in the context of proceedings brought by the respondent, as the owner of land the subject of a recommended approval for mining leases to facilitate a large open cut coal mine. [4].
Section 68(1)(b)(i)(A) of the Act states:
“(1)Restricted land, for a production resource authority or exploration resource authority, means–
…
(b)land within 50m laterally of any of the following–
(i)an area used for any of the following purposes–
(A)an artesian well, bore, dam or water storage facility; … ”. [7].
The questions to be resolved by the Court were: what is a “dam”, for the purposes of that provision; and, relatedly, what is the meaning of “an area used for a dam”. [8].
The applicant submitted that the narrower construction of “dam” preferred by the Land Court was correct, which limited the meaning of dam to “the physical barrier installed to hold back water”. [9], [15]. The respondent argued for the conclusion of the Land Appeal Court, which had held that the word “dam” included both the barrier and the area of land storing the water contained by the barrier. [11].
Meaning of “dam” and “an area used for a dam”
The Court preferred the broader definition adopted by the Land Appeal Court. [16]. This was for several reasons.
First, the dictionary definition of “dam” commonly included the water reservoir which resulted from the physical barrier constructed to hold back water. [17].
Second, the broader definition was found to be consistent with principles of responsible land care management with respect to mining, being objectives of other related Acts. [18].
Third, the section is direct to land “uses” such that the purpose of the restricted land provision is to remedy interference with land uses from mineral exploration. [19].
Fourth, the definition of “restricted land” included “an area used for” the purposes of a dam, consistently with the idea that restricted land encompassed more than the land adjacent to the dam wall itself. [20].
Fifth, the Land Appeal Court’s interpretation was more consistent with the purpose of the legislative provision, being to provide a degree of protection for the rights of landowners, with remedial provisions of that kind to be construed beneficially in the interests of a landowner. [21].
Sixth, the interpretation which had been adopted at first instance by the Land Court denied meaning to the words “an area used for” in the section, and the interpretation of a statute ought to afford meaning to each of the words contained within a statutory provision. [22].
Finally, the broader definition was consistent with the reality that an area used for the purposes of a dam is more than the infrastructure of the barrier, as the barrier acts in combination with other features of the land around it in order to impound water. [23].
The Court also held that the history of the legislation, as well as the operation of other related Acts which similarly limit things like mining operations, indicated that the narrower interpretation advocated for by the applicant was not correct. [26]–[29].
Disposition
Leave to appeal was refused.
B Wilson of Counsel