Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
LAND AND RESOURCES
TRIBUNAL AMENDMENT
BILL 2000
Queensland
LAND AND RESOURCES TRIBUNAL
AMENDMENT BILL 2000
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 39 (General requirements for establishing panel
for proceeding) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 40 (Specific requirements for constituting
tribunal for proceeding) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 59 (Protection) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
6 Amendment of s 62 (Contempt of tribunal) . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Amendment of s 67 (Appeal only on question of law) . . . . . . . . . . . . . . . . . 5
8 Amendment of s 69 (Question of law referred from single member) . . . . . 5
9 Amendment of s 70 (Question of law referred from panel) . . . . . . . . . . . . . 6
10 Insertion of new s 70A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
70A Tribunal constituted by presiding member (alternative) . . . . . . . . . 6
11 Amendment of s 85 (Warden) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
12 Amendment of s 86 (Continuing role for warden and wardens
court under certain Acts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
13 Amendment of sch 1 (Requirements for constituting tribunal) . . . . . . . . . . 8
2000
A BILL
FOR
An Act to amend the Land and Resources Tribunal Act 1999
s1 4 s5
Land and Resources Tribunal Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Land and Resources Tribunal 3
Amendment Act 2000. 4
amended 5
Act
Clause 2. This Act amends the Land and Resources Tribunal Act 1999. 6
of s 39 (General requirements for establishing panel for 7
Amendment
proceeding) 8
Clause 3. Section 39, heading, `establishing panel'-- 9
omit, insert-- 10
`constituting tribunal'. 11
of s 40 (Specific requirements for constituting tribunal 12
Amendment
for proceeding) 13
Clause 4. Section 40(3) and (4)-- 14
omit, insert-- 15
`(3) If the tribunal is constituted by a panel that includes 2 or more 16
presiding members including the president, the president is the senior 17
presiding member for the proceeding. 18
`(4) If the tribunal is constituted by a panel that includes 2 or more 19
presiding members but does not include the president, the president must 20
designate 1 of the presiding members as the senior presiding member for 21
the proceeding.'. 22
of s 59 (Protection) 23
Amendment
Clause 5. Section 59(1), after `as a member,'-- 24
s6 5 s8
Land and Resources Tribunal Amendment
insert-- 1
`including in the performance or exercise of an administrative function or 2
power conferred on the member under an Act,'. 3
of s 62 (Contempt of tribunal) 4
Amendment
Clause 6. Section 62(2), `contravenes subsection (1)'-- 5
omit, insert-- 6
`under subsection (1) is in contempt of the tribunal'. 7
of s 67 (Appeal only on question of law) 8
Amendment
Clause 7.(1) Section 67(2)(a), `Land Court non-presiding member or a mining 9
referee'-- 10
omit, insert-- 11
`presiding member (alternative), mining referee or Land Court non- 12
presiding member'. 13
(2) Section 67(2)(b)-- 14
omit, insert-- 15
`(b) if the tribunal is not constituted by a presiding member 16
(alternative), mining referee or Land Court non-presiding 17
member--the Court of Appeal (also the "appellate body").'. 18
of s 69 (Question of law referred from single member) 19
Amendment
Clause 8.(1) Section 69, heading-- 20
omit, insert-- 21
`Question of law referred from presiding member (alternative), 22
mining referee or Land Court non-presiding member'. 23
(2) Section 69(1), after `is constituted by a'-- 24
insert-- 25
`presiding member (alternative),'. 26
s9 6 s 10
Land and Resources Tribunal Amendment
of s 70 (Question of law referred from panel) 1
Amendment
Clause 9.(1) Section 70, heading-- 2
omit, insert-- 3
`Question of law referred from panel or presiding member'. 4
(2) Section 70(1)-- 5
omit, insert-- 6
`70.(1) This section applies if, for a proceeding, the tribunal is constituted 7
other than by a presiding member (alternative), mining referee or Land 8
Court non-presiding member.'. 9
of new s 70A 10
Insertion
Clause 10. Part 4, division 4-- 11
insert-- 12
constituted by presiding member (alternative) 13
`Tribunal
`70A.(1) For a relevant provision, the tribunal is constituted by a 14
presiding member (alternative) if-- 15
(a) the tribunal is constituted by a presiding member other than the 16
president; and 17
(b) in giving directions for constituting the tribunal, the president was 18
required, under schedule 1, to choose-- 19
(i) either a presiding member or a mining referee; or 20
(ii) a presiding member, a mining referee or a Land Court 21
non-presiding member. 22
`(2) In this section-- 23
"relevant provision" means-- 24
(a) section 67(2); or 25
(b) section 69(1); or 26
(c) section 70(1).'. 27
s 11 7 s 11
Land and Resources Tribunal Amendment
of s 85 (Warden) 1
Amendment
Clause 11.(1) Section 85(2) to (5)-- 2
omit, insert-- 3
`(2) The Judges (Salaries and Allowances) Act 1967 continues to apply 4
to the person as if this Act had not been enacted. 5
`(3) The relevant mining Act provisions are taken to continue to have 6
effect as if this Act had not been enacted, to the extent necessary for keeping 7
in place-- 8
(a) the person's appointment as a warden; and 9
(b) the Wardens Court. 10
`(4) The relevant mining Act provisions are also taken to continue to have 11
effect as if this Act had not been enacted, to the extent necessary for giving 12
full effect to the relevant designated Act provisions. 13
`(5) However, if the person's appointment as a warden ends and there is 14
no other person whose appointment as warden is kept in place under this 15
section, a reference in a relevant mining Act provision or relevant designated 16
Act provision to a warden or the Wardens Court is taken to be a reference to 17
the tribunal. 18
`(6) In this section-- 19
"designated Acts" means the following Acts-- 20
· the Coal Mining Act 1925 21
· the Coal Mining Safety and Health Act 1999 22
· the Mines Regulation Act 1964 23
· the Mining and Quarrying Safety and Health Act 1999. 24
"relevant designated Act provisions" means the provisions of the 25
designated Acts that mention a warden or the Wardens Court. 26
"relevant mining Act provisions" means the provisions of the Mineral 27
Resources Act 1989 that, immediately before the schedule 28
commencement, mentioned, directly or indirectly, a warden or the 29
Wardens Court. 30
"schedule commencement" means the commencement of schedule 3, 31
amendments of the Mineral Resources Act 1989.'. 32
s 12 8 s 13
Land and Resources Tribunal Amendment
of s 86 (Continuing role for warden and wardens court 1
Amendment
under certain Acts) 2
Clause 12.(1) Section 86, heading-- 3
omit, insert-- 4
`Assumption by tribunal of role of warden and Wardens Court 5
under certain Acts'. 6
(2) Section 86(3)-- 7
renumber as section 86(4). 8
(3) Section 86(2)-- 9
omit, insert-- 10
`(2) A reference in a relevant mining Act provision or relevant designated 11
Act provision to a warden or the Wardens Court is taken to be a reference to 12
the tribunal. 13
`(3) In subsection (4), definition "designated Acts", a reference to an 14
Act includes a reference to any instrument-- 15
(a) that has been made or entered into under the Act; and 16
(b) that the reference to the Act does not otherwise include.'. 17
(4) Section 86(4) (as renumbered), definition "designated Acts", entries 18
for the Coal Mining Act 1925 and the Mines Regulation Act 1964-- 19
omit. 20
of sch 1 (Requirements for constituting tribunal) 21
Amendment
Clause 13.(1) Schedule 1, entry for Fossicking Act 1994, `mining referee'-- 22
omit, insert-- 23
`presiding member or mining referee'. 24
(2) Schedule 1, entries for Mineral Resources Act 1989, entries for 25
sections 38 to 42 and for sections 53(6)(b), 70(1), 77, 101, 116, 125, 156, 26
174(1), 203, 222(1), 250, 259(1), 299, 305 and 317, `mining referee'-- 27
omit, insert-- 28
`presiding member or mining referee'. 29
s 13 9 s 13
Land and Resources Tribunal Amendment
(3) Schedule 1, entries for Mineral Resources Act 1989, entries for 1
sections 85 and 281, `mining referee or Land Court non-presiding 2
member'-- 3
omit, insert-- 4
`presiding member, mining referee or Land Court non-presiding 5
member'. 6
(4) Schedule 1, entries for Mineral Resources Act 1989, entry for 7
section 268, words under the column heading `Nature of proceeding', 8
paragraph (a), `by the mining referee'-- 9
omit, insert-- 10
`other than by a panel'. 11
(5) Schedule 1, entries for Mineral Resources Act 1989, entry for 12
section 268, words under the column heading `Constitution of tribunal', 13
`mining referee'-- 14
omit, insert-- 15
`presiding member or mining referee'. 16
17
© State of Queensland 2000
[Index] [Search] [Download] [Related Items] [Help]