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Queensland
LAND AND RESOURCES
TRIBUNAL BILL 1998
Queensland
LAND AND RESOURCES TRIBUNAL
BILL 1998
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--ESTABLISHMENT AND MEMBERSHIP OF
TRIBUNAL
Division 1--Establishment
4 Land and Resources Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Tribunal not subject to direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
6 Membership of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 2--Presiding members
7 Presiding members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8 Eligibility for appointment as presiding member . . . . . . . . . . . . . . . . . . . . . 9
9 Retirement or resignation of presiding members . . . . . . . . . . . . . . . . . . . . . . 10
10 Salaries and allowances of presiding members . . . . . . . . . . . . . . . . . . . . . . . 10
11 Pension and leave of absence arrangements for presiding members . . . . . . 10
12 Conditions of appointment of presiding members . . . . . . . . . . . . . . . . . . . . . 11
13 Termination of appointment of presiding member . . . . . . . . . . . . . . . . . . . . 11
14 Acting presiding member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 3--Non-presiding members
15 Non-presiding members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
16 Appointment of non-presiding members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
17 Eligibility for appointment as appointed non-presiding member . . . . . . . . . 12
2
Land and Resources Tribunal
18 Eligibility for appointment as referee non-presiding member . . . . . . . . . . . 13
19 Acting non-presiding member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
20 Termination of office of Land Court and Land Tribunal
non-presiding members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
21 Termination of appointment of non-presiding member . . . . . . . . . . . . . . . . . 16
22 Term of appointment of appointed or referee non-presiding member . . . . . 16
23 Resignation of certain non-presiding members . . . . . . . . . . . . . . . . . . . . . . . 17
24 Conditions of appointment of non-presiding member . . . . . . . . . . . . . . . . . . 17
Division 4--General provisions about members
25 Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
26 Limitation on ownership of mining tenures . . . . . . . . . . . . . . . . . . . . . . . . . . 18
27 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
28 Appointment to NNTT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
PART 3--REGISTRAR AND DEPUTY REGISTRARS
Division 1--Registrar
29 Registrar of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
30 Keeping and disclosure of records and information . . . . . . . . . . . . . . . . . . . 19
31 Engagement of consultants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
32 Delegation by registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 2--Deputy registrars
33 Deputy registrars of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
34 Basis for appointment as deputy registrar (additional office) . . . . . . . . . . . 21
35 Conditions of appointment of deputy registrar (additional office) . . . . . . . . 21
36 Deputy registrar (additional office) subject to direction of registrar . . . . . . 21
PART 4--ORGANISATION AND OPERATION OF TRIBUNAL
Division 1--Sitting of tribunal
37 Sittings of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
38 Arrangement of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
39 General requirements for establishing panel for proceeding . . . . . . . . . . . . 22
40 Specific requirements for constituting tribunal for proceeding . . . . . . . . . . 23
41 Way in which questions are to be decided . . . . . . . . . . . . . . . . . . . . . . . . . . 24
42 Specific requirements for native title objection proceedings . . . . . . . . . . . . 24
43 Reconstituting tribunal--single member . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
3
Land and Resources Tribunal
44 Reconstituting tribunal--panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
45 Reconstituting tribunal--designated NNTT member not a tribunal
member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 2--Hearings
46 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
47 Representation before tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
48 Hearings open to public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
49 Conduct of proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
50 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 3--Jurisdiction
51 General provisions about jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
52 Exclusive jurisdiction for negotiated agreements . . . . . . . . . . . . . . . . . . . . . 29
53 Exclusive jurisdiction for certain cultural heritage matters . . . . . . . . . . . . . 29
Division 4--Other supporting provisions
54 Tribunal a court of record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
55 Form of decisions of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
56 Supreme Court or District Court may transfer certain proceedings
to tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
57 Attendance of witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
58 Witnesses appearing at tribunal hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
59 Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
60 Obstructing tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
61 Allowances for witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
62 Contempt of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
63 Punishment of contempt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
64 Conduct that is contempt and offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
65 Powers of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
66 Enforcement of orders etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
67 Appeal only on question of law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
68 Appeal not a stay of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
69 Question of law referred from single member . . . . . . . . . . . . . . . . . . . . . . . . 38
70 Question of law referred from panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
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Land and Resources Tribunal
Division 5--Mediation
71 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
72 Mediated resolution agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
73 Mediators to maintain secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
74 Ordinary protection and immunity allowed . . . . . . . . . . . . . . . . . . . . . . . . . . 40
75 Admissions made to mediators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
76 Mediator precluded from tribunal hearing matter . . . . . . . . . . . . . . . . . . . . . 41
Division 6--Other provisions
77 Finance and staffing of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
78 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
79 Delegation of powers by president . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
PART 5--MISCELLANEOUS
80 Preservation of rights of non-presiding member . . . . . . . . . . . . . . . . . . . . . . 42
81 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
82 Rule-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
PART 6--TRANSITIONAL PROVISIONS
83 Proceeding not finished before commencement . . . . . . . . . . . . . . . . . . . . . . 44
84 Warden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
85 Continuing role for warden and wardens court under certain Acts . . . . . . . 46
PART 7--CONSEQUENTIAL AND OTHER AMENDMENTS
86 Amendments--sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 48
REQUIREMENTS FOR CONSTITUTING TRIBUNAL
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 54
NEGOTIATED AGREEMENTS
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 55
AMENDMENT OF OTHER ACTS
ACTS INTERPRETATION ACT 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
JUDGES (SALARIES AND ALLOWANCES) ACT 1967 . . . . . . . . . . . . . 58
MINERAL RESOURCES ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
NATIVE TITLE (QUEENSLAND) ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . 70
5
Land and Resources Tribunal
SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . . 71
DICTIONARY
1998
A BILL
FOR
An Act to establish the Land and Resources Tribunal, and for other
purposes
s1 8 s5
Land and Resources Tribunal
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the Land and Resources Tribunal Act 1998. 4
5
Commencement
2. This Act commences on a day to be fixed by proclamation. 6
7
Dictionary
3. The dictionary in schedule 4 defines particular words used in this Act. 8
ART 2--ESTABLISHMENT AND MEMBERSHIP OF 9
P
TRIBUNAL 10
Division 1--Establishment 11
and Resources Tribunal 12
Land
4. The Land and Resources Tribunal is established. 13
not subject to direction 14
Tribunal
5. In exercising its jurisdiction conferred under this or another Act, the 15
tribunal is not subject to the direction of the Minister. 16
s6 9 s8
Land and Resources Tribunal
of tribunal 1
Membership
6. The "members" of the tribunal are-- 2
(a) the presiding members of the tribunal; and 3
(b) the non-presiding members of the tribunal. 4
Division 2--Presiding members 5
members 6
Presiding
7.(1) The "presiding members" of the tribunal are-- 7
(a) the president; and 8
(b) 2 or more deputy presidents. 9
(2) Presiding members are to be appointed by the Governor in Council. 10
for appointment as presiding member 11
Eligibility
8.(1) A person is eligible for appointment as a presiding member only if 12
the person-- 13
(a) is eligible for appointment as a Supreme Court judge;1 and 14
(b) has, in the opinion of the Governor in Council, particular 15
knowledge or experience of indigenous issues and of 1 or more 16
of the following-- 17
(i) mining or petroleum issues; 18
(ii) land issues; 19
(iii) something else considered by the Governor in Council to 20
have substantial relevance to the duties of a presiding 21
member. 22
(2) In making an appointment of a presiding member, the Governor in 23
Council must, to the extent it is practicable, make sure the eligibility for 24
appointment of at least 1 of the presiding members holding appointment at 25
1 See Supreme Court of Queensland Act 1991, section 12 (Appointment of judges).
s9 10 s 11
Land and Resources Tribunal
any time includes eligibility under subsection (1)(b)(i). 1
(3) The appointment of a person as a presiding member is not invalid 2
merely because of a failure of the Governor in Council to comply with 3
subsection (2) in making the appointment. 4
or resignation of presiding members 5
Retirement
9.(1) A presiding member must retire on reaching 70 years of age. 6
(2) Despite subsection (1), a person who, before reaching 70 years, is a 7
presiding member included in a panel constituting the tribunal for a 8
proceeding, remains a presiding member to finish the proceeding. 9
(3) However, the president may give a direction further limiting the 10
extent to which the person remains a presiding member. 11
(4) Subsection (2) does not stop the filling of the presiding member's 12
office after the presiding member reaches 70 years. 13
(5) A person who is a presiding member may resign the person's office 14
of president or deputy president by signed notice of resignation given to the 15
Minister. 16
and allowances of presiding members 17
Salaries
10.(1) The salary, allowances and rates of allowances payable to the 18
president are the salary, allowances and rates of allowances payable to a 19
Supreme Court judge. 20
(2) The salary, allowances and rates of allowances payable to a deputy 21
president are the salary, allowances and rates of allowances payable to a 22
District Court judge. 23
(3) The salaries and allowances payable under this section are payable out 24
of the consolidated fund, and the fund is appropriated accordingly. 25
and leave of absence arrangements for presiding members 26
Pension
11.(1) The Judges Pensions Act applies to a person who is appointed as 27
president, including to a spouse or child of the person, as if the person's 28
appointment as president were an appointment as a Supreme Court judge. 29
s 12 11 s 14
Land and Resources Tribunal
(2) The Judges Pensions Act applies to a person who is appointed as a 1
deputy president, including to a spouse or child of the person, as if the 2
person's appointment as a deputy president were an appointment as a 3
District Court judge. 4
of appointment of presiding members 5
Conditions
12.(1) Presiding members are to be appointed under this Act, and not 6
under the Public Service Act. 7
(2) The office of a presiding member is not subject to any industrial 8
award, industrial agreement or other industrial instrument or any decision or 9
rule of an industrial tribunal. 10
of appointment of presiding member 11
Termination
13.(1) The appointment of the president may be terminated for the same 12
reason, and in the same way, the appointment of a Supreme Court judge 13
may be terminated. 14
(2) The appointment of a deputy president may be terminated for the 15
same reason, and in the same way, the appointment of a District Court 16
judge may be terminated. 17
presiding member 18
Acting
14.(1) The Governor in Council may appoint a person to act as a 19
presiding member, for the period stated in the instrument of appointment, 20
if-- 21
(a) a person appointed as a presiding member is not available to carry 22
out the person's duties as a presiding member; or 23
(b) there is a vacancy in the position of a presiding member. 24
(2) The period stated in the instrument of appointment must not be 25
longer than 1 year, but the appointment may be renewed at any time. 26
(3) A person is eligible for appointment to act as a presiding member 27
only if the person is eligible for appointment as a presiding member. 28
s 15 12 s 17
Land and Resources Tribunal
Division 3--Non-presiding members 1
members 2
Non-presiding
15.(1) A person is a "non-presiding member" of the tribunal if the 3
person is-- 4
(a) a Land Court non-presiding member; or 5
(b) a Land Tribunal non-presiding member; or 6
(c) an appointed non-presiding member; or 7
(d) a referee non-presiding member. 8
(2) A person is a "Land Court non-presiding member" if the person 9
is a member of the Land Court. 10
(3) A person is a "Land Tribunal non-presiding member" if the 11
person is a member of a Land Tribunal. 12
(4) A person is an "appointed non-presiding member" if the person is 13
appointed as an appointed non-presiding member. 14
(5) A person is a "referee non-presiding member" if the person is 15
appointed as a referee non-presiding member. 16
of non-presiding members 17
Appointment
16.(1) An appointed non-presiding member is to be appointed by the 18
Governor in Council. 19
(2) A referee non-presiding member is to be appointed as follows-- 20
(a) by the Governor in Council; 21
(b) on the basis of full-time employment; 22
(c) as a mining referee, a mediation referee or an indigenous issues 23
referee. 24
for appointment as appointed non-presiding member 25
Eligibility
17.(1) A person is eligible for appointment as an appointed 26
non-presiding member only if the person-- 27
s 18 13 s 18
Land and Resources Tribunal
(a) has experience, for not less than 5 years, at a high level in 1
industry, commerce, public administration, industrial relations, 2
the practice of a profession or the service of a government or an 3
authority of a government; or 4
(b) has, in the opinion of the Governor in Council, particular 5
knowledge or experience of 2 or more of the following-- 6
(i) Aboriginal or Torres Strait Islander communities; 7
(ii) dispute resolution; 8
(iii) valuation; 9
(iv) mining or petroleum issues; 10
(v) land use issues; 11
(vi) indigenous issues; 12
(vii) cultural heritage; 13
(viii)the environment; 14
(ix) industrial relations; 15
(x) native title issues; 16
(xi) something else considered by the Governor in Council to 17
have substantial relevance to the duties of an appointed 18
non-presiding member. 19
(2) A person is not ineligible for appointment as an appointed 20
non-presiding member merely because the person holds an office under 21
another Act. 22
for appointment as referee non-presiding member 23
Eligibility
18.(1) A person is eligible for appointment as a mining referee only if the 24
person-- 25
(a) is eligible for appointment as a Supreme Court judge; and 26
(b) has, in the opinion of the Governor in Council, mining industry 27
knowledge and experience, and 1 of the following-- 28
(i) land title and land use issues; 29
s 18 14 s 18
Land and Resources Tribunal
(ii) something else considered by the Governor in Council to 1
have substantial relevance to the duties of a mining referee. 2
(2) A person is eligible for appointment as a mediation referee only if the 3
person-- 4
(a) is eligible for appointment as a Supreme Court judge; and 5
(b) has, in the opinion of the Governor in Council, a high level of 6
knowledge or experience of 2 or more of the following-- 7
(i) dispute resolution; 8
(ii) mediation; 9
(iii) land title and land use issues; 10
(iv) something else considered by the Governor in Council to 11
have substantial relevance to the duties of a mediation 12
referee. 13
(3) A person is eligible for appointment as an indigenous issues referee 14
only if-- 15
(a) the person-- 16
(i) has experience, for not less than 5 years, in industry, 17
commerce, public administration, the practice of a 18
profession or the service of a government or an authority of 19
a government; or 20
(ii) has researched, and published in journals of high academic 21
quality, in the field of anthropology, history, law, public 22
administration or indigenous issues; and 23
(b) the person has, in the opinion of the Governor in Council, a high 24
level of knowledge or experience of 2 or more of the following-- 25
(i) cross-cultural issues; 26
(ii) resolving cultural heritage issues; 27
(iii) indigenous issues; 28
(iv) something else considered by the Governor in Council to 29
have substantial relevance to the duties of an indigenous 30
issues referee. 31
s 19 15 s 20
Land and Resources Tribunal
non-presiding member 1
Acting
19.(1) The Governor in Council may appoint a person to act as an 2
appointed non-presiding member, for the period stated in the instrument of 3
appointment, if-- 4
(a) a person appointed as an appointed non-presiding member is not 5
available to carry out the person's duties as a non-presiding 6
member; or 7
(b) the Governor in Council considers it necessary or appropriate in 8
the interests of the tribunal. 9
(2) The Governor in Council may appoint a person to act as a referee 10
non-presiding member, for the period stated in the instrument of 11
appointment, if-- 12
(a) a person appointed as a referee non-presiding member is not 13
available to carry out the person's duties as a referee 14
non-presiding member; or 15
(b) the Governor in Council considers it necessary or appropriate in 16
the interests of the tribunal. 17
(3) The period stated in the instrument of appointment under 18
subsection (1) or (2) must not be longer than 1 year, but the appointment 19
may be renewed at any time. 20
(4) A person is eligible for appointment to act as a non-presiding 21
member under this section only if the person is eligible to be appointed as 22
the non-presiding member. 23
(5) A non-presiding member may carry out duties of his or her office 24
even though the member has been appointed to act as another non-presiding 25
member. 26
of office of Land Court and Land Tribunal 27
Termination
non-presiding members 28
20.(1) A person who is a Land Court non-presiding member stops 29
holding that office if the person stops holding office as a member of the 30
Land Court. 31
(2) A person who is a Land Tribunal non-presiding member stops 32
s 21 16 s 22
Land and Resources Tribunal
holding that office if the person stops holding office as a member of a Land 1
Tribunal. 2
(3) Despite subsections (1) and (2), a non-presiding member who stops 3
holding office as a member of the Land Court or a Land Tribunal, and who 4
is included in a panel constituting the tribunal for a proceeding, remains a 5
non-presiding member to finish the proceeding. 6
(4) However, the president may give a direction further limiting the 7
extent to which the person remains a non-presiding member under 8
subsection (3). 9
of appointment of non-presiding member 10
Termination
21. The Governor in Council may terminate the appointment of an 11
appointed or referee non-presiding member if the member-- 12
(a) becomes incapable of performing the duties of a member because 13
of physical or mental incapacity; or 14
(b) is convicted of an indictable offence; or 15
(c) commits misconduct of a kind that could justify dismissal from 16
the public service if the member were a public service officer; or 17
(d) for a non-presiding member who is appointed on the basis of 18
full-time employment--is absent, without the president's leave 19
and without reasonable excuse, for 14 consecutive days or 28 20
days in a year. 21
of appointment of appointed or referee non-presiding member 22
Term
22.(1) Each appointed non-presiding member or referee non-presiding 23
member is appointed for the term stated in the instrument of appointment of 24
the non-presiding member. 25
(2) The term stated in the instrument of appointment must not be more 26
than 5 years. 27
(3) Despite subsection (1), a non-presiding member who, before the 28
person's appointment as a non-presiding member ends, constitutes the 29
tribunal for a proceeding, or is included in a panel constituting the tribunal 30
for a proceeding, remains a non-presiding member to finish the proceeding. 31
s 23 17 s 25
Land and Resources Tribunal
(4) However, the president may give a direction further limiting the 1
extent to which the person remains a non-presiding member. 2
of certain non-presiding members 3
Resignation
23. An appointed or referee non-presiding member may resign by giving 4
a signed notice of resignation to the Minister. 5
of appointment of non-presiding member 6
Conditions
24.(1) The remuneration and allowances payable to each non-presiding 7
member are the remuneration and allowances decided by the Governor in 8
Council. 9
(2) However, the remuneration and allowances of a non-presiding 10
member appointed on basis of full-time employment must not be reduced. 11
(3) Each appointed non-presiding member or referee non-presiding 12
member holds office as a non-presiding member on the conditions not 13
provided for by this Act decided by the Governor in Council. 14
(4) Non-presiding members are to be appointed under this Act, and not 15
under the Public Service Act. 16
(5) The office of a non-presiding member is not subject to any industrial 17
award, industrial agreement or other industrial instrument or any decision or 18
rule of an industrial tribunal. 19
4--General provisions about members 20
Division
of absence 21
Leave
25.(1) The Minister may give leave of absence, other than leave of 22
absence provided for in the Judges Pensions Act, to the president on the 23
terms the Minister considers appropriate. 24
(2) The president may give leave of absence, other than leave of absence 25
provided for in the Judges Pensions Act, to a deputy president on the terms 26
the president considers appropriate. 27
(3) The president may give leave of absence to a non-presiding member 28
s 26 18 s 27
Land and Resources Tribunal
appointed on the basis of full-time employment on the terms the president 1
considers appropriate. 2
on ownership of mining tenures 3
Limitation
26.(1) A member must not hold, or be entitled, directly or indirectly, to 4
the benefits of an interest in, a mining tenure. 5
(2) For subsection (1), a member is taken not to hold an interest in a 6
mining tenure (other than a prospecting permit) if the member holds, or 7
becomes entitled, directly or indirectly, to the benefits of, an interest in a 8
mining tenure only because the member-- 9
(a) is a beneficiary in a deceased estate; or 10
(b) is entitled to share in the profits of a public company. 11
(3) However, a member who has or acquires an entitlement or 12
expectation of entitlement in a way mentioned in subsection (2)(a) must, on 13
becoming aware of the entitlement or expectation, give written notice about 14
the entitlement or expectation to-- 15
(a) if the member is the president--the Minister; or 16
(b) if the member is not the president--the president. 17
of interests 18
Disclosure
27.(1) If a member becomes aware that the member has a conflict of 19
interest about a proceeding before the tribunal, the member must disclose 20
the issues giving rise to the conflict-- 21
(a) for a member who is the president--to the Minister and the 22
parties to the proceeding; or 23
(b) for a member who is not the president--to the president and the 24
parties to the proceeding. 25
(2) The member may take part in the proceeding, or exercise a power for 26
the proceeding, only if-- 27
(a) for a member who is the president--the Minister and the parties 28
agree; or 29
(b) for a member who is not the president--the president and the 30
s 28 19 s 30
Land and Resources Tribunal
parties agree. 1
(3) A member has a conflict of interest about a proceeding if the member 2
has an interest, financial or otherwise, that could conflict with the proper 3
performance of the member's functions for the proceeding. 4
to NNTT 5
Appointment
28. Nothing in the Act stops a member holding office as a member of 6
the NNTT. 7
PART 3--REGISTRAR AND DEPUTY REGISTRARS 8
1--Registrar 9
Division
of tribunal 10
Registrar
29.(1) There is to be a registrar of the tribunal. 11
(2) The registrar is a member of the staff of the tribunal. 12
(3) Subject to the president, the registrar is to be responsible for 13
managing the administrative affairs of the tribunal. 14
(4) The registrar may exercise the powers given to the registrar under this 15
or another Act. 16
(5) The president may give the registrar a direction about the exercise of 17
the registrar's powers, other than to the extent the direction would be 18
inconsistent with the provisions of this or another Act about the registrar's 19
powers. 20
and disclosure of records and information 21
Keeping
30.(1) The registrar may keep the records and information the registrar 22
considers appropriate, and may make the records and information available 23
to the public. 24
(2) Without limiting subsection (1), the registrar must keep the records 25
s 31 20 s 33
Land and Resources Tribunal
of and information about proceedings before the tribunal, and must make 1
the records and information available to the public. 2
(3) Despite subsections (1) and (2), the registrar must not make a record 3
or information available to the public if the tribunal orders that the record or 4
information must not be made available to the public. 5
of consultants 6
Engagement
31.(1) The registrar may engage persons having suitable qualifications 7
and experience as consultants to perform services for the tribunal. 8
(2) Without limiting subsection (1), the services a consultant may be 9
engaged to perform include conducting research for the tribunal. 10
(3) An engagement under subsection (1) must be made for the State 11
under a written agreement. 12
by registrar 13
Delegation
32.(1) The registrar may delegate the registrar's powers under this Act or 14
another Act to an appropriately qualified member of the staff of the tribunal. 15
(2) In this section-- 16
"appropriately qualified" includes having the qualifications, experience or 17
standing appropriate to exercise the power. 18
19
Example of standing--
20
A person's seniority level within the staff of the tribunal.
2--Deputy registrars 21
Division
registrars of tribunal 22
Deputy
33.(1) There may be deputy registrars of the tribunal. 23
(2) A deputy registrar is either-- 24
(a) a member of the staff of the tribunal (a "deputy registrar 25
(tribunal)"); or 26
(b) appointed under this Act to hold the office of a deputy registrar in 27
s 34 21 s 36
Land and Resources Tribunal
addition to another office or position the person already holds 1
other than under this Act (a "deputy registrar (additional 2
office)"). 3
(3) A deputy registrar (additional office) is to be appointed by the 4
Governor in Council. 5
(4) An appointment of a person as a deputy registrar (additional office) 6
may take the form of-- 7
(a) an appointment of a person by name; or 8
(b) an appointment of the holder of a stated office, by reference to the 9
title of the office concerned. 10
(5) An appointment under subsection (4)(b) may include an appointment 11
of a person for the time being lawfully acting in the place of the holder of 12
the office. 13
for appointment as deputy registrar (additional office) 14
Basis
34. A person may be appointed as a deputy registrar (additional office) if, 15
having regard to the nature of the other office or position the person already 16
holds, it would be convenient or appropriate for the administration of this or 17
another Act for the person also to be a deputy registrar. 18
of appointment of deputy registrar (additional office) 19
Conditions
35.(1) The remuneration and allowances payable to a deputy registrar 20
(additional office) are the remuneration and allowances decided by the 21
Governor in Council. 22
(2) A deputy registrar (additional office) holds the office of a deputy 23
registrar on the conditions decided by the Governor in Council. 24
(3) Nothing in this Act requires the payment of remuneration or 25
allowances under this Act to a deputy registrar (additional office). 26
registrar (additional office) subject to direction of registrar 27
Deputy
36. In performing the functions of a deputy registrar, a deputy registrar 28
(additional office) is subject to the direction of the registrar. 29
s 37 22 s 39
Land and Resources Tribunal
ART 4--ORGANISATION AND OPERATION OF 1
P
TRIBUNAL 2
1--Sitting of tribunal 3
Division
of tribunal 4
Sittings
37. The tribunal sits at the times and the places in Queensland the 5
president directs. 6
of business 7
Arrangement
38. The president may give directions about the arrangement of the 8
business of the tribunal. 9
requirements for establishing panel for proceeding 10
General
39.(1) For a proceeding before the tribunal, the tribunal is to be 11
constituted, under the direction of the president, by a single member, or a 12
panel, as provided under this part. 13
(2) A panel constituting the tribunal is to be formed by-- 14
(a) 1 or more presiding members and 2 or more non-presiding 15
members (a "standard panel"); or 16
(b) the following (an "NNTT panel")-- 17
(i) 1 or more presiding members, 1 of whom is also an NNTT 18
member; and 19
(ii) 2 or more non-presiding members ; or 20
(c) the following (also an "NNTT panel")-- 21
(i) 1 or more presiding members; and 22
(ii) 2 or more non-presiding members, 1 of whom is also an 23
NNTT member; or 24
(d) the following (also an "NNTT panel")-- 25
(i) a standard panel; and 26
s 40 23 s 40
Land and Resources Tribunal
(ii) an NNTT member who is not also a member of the tribunal. 1
(3) A single member constituting the tribunal is to be-- 2
(a) a presiding member, or a presiding member assisted by a single 3
non-presiding member; or 4
(b) a Land Court non-presiding member; or 5
(c) a referee non-presiding member who has been appointed as a 6
mining referee. 7
(4) In giving a direction under this section about how the tribunal must 8
be constituted for a particular proceeding, the president must have regard 9
to-- 10
(a) the degree of public importance or complexity of the proceeding; 11
and 12
(b) the need for the tribunal's affairs to be conducted promptly and 13
efficiently; and 14
(c) the nature of the issues likely to be involved in the proceeding. 15
requirements for constituting tribunal for proceeding 16
Specific
40.(1) The president must make sure that, for a proceeding, the tribunal 17
is constituted as may be required under-- 18
(a) an Act, including this Act, under which the tribunal is given 19
jurisdiction for the proceeding; and 20
(b) schedule 1. 21
(2) When giving a direction about the constitution of the tribunal for a 22
proceeding, the president must state the name or names of the member or 23
members constituting the tribunal. 24
(3) If the tribunal is constituted by 2 or more presiding members that 25
include the president, the president is the senior presiding member for the 26
proceeding. 27
(4) If the tribunal is constituted by 2 or more presiding members other 28
than the president, the president must designate 1 of the presiding members 29
as the senior presiding member for the proceeding. 30
s 41 24 s 42
Land and Resources Tribunal
(5) If the tribunal is constituted by an NNTT panel, the president must 1
designate the person who is the NNTT member for the proceeding. 2
in which questions are to be decided 3
Way
41.(1) This section applies to a proceeding before the tribunal if, for the 4
proceeding, the tribunal is constituted by a panel. 5
(2) The decision on every question before the tribunal is to be made only 6
by the presiding member or presiding members included in the panel, and 7
not by the non-presiding member or non-presiding members included in 8
the panel. 9
(3) If there are 2 or more presiding members included in the panel, the 10
decision of the panel on a question is to be-- 11
(a) the opinion of the majority of the presiding members; or 12
(b) if the presiding members are equally divided in opinion, the 13
opinion of the senior presiding member for the proceeding. 14
(4) The role of a non-presiding member included in the panel is as 15
follows-- 16
(a) to advise the presiding member or presiding members about 17
matters within his or her knowledge or experience that are 18
relevant to a question; 19
(b) to help the presiding member or presiding members in the 20
conduct of the proceeding in a way the presiding member or 21
presiding members consider appropriate. 22
requirements for native title objection proceedings 23
Specific
42.(1) This section applies if-- 24
(a) for a proceeding, the tribunal is constituted by an NNTT panel; 25
and 26
(b) the NNTT member for the proceeding is not a presiding member. 27
(2) The presiding member or presiding members included in the panel 28
constituted for the proceeding must, before making a relevant decision, 29
consult with and consider the opinion of the NNTT member. 30
s 43 25 s 44
Land and Resources Tribunal
(3) In this section-- 1
"native title issues objection" means an objection that requires a panel to 2
be an NNTT panel rather than a standard panel. 3
"relevant decision" means a decision about a native title issues objection. 4
tribunal--single member 5
Reconstituting
43.(1) This section applies if, for a proceeding, the tribunal is constituted 6
by a single member who-- 7
(a) stops being a member; or 8
(b) for any reason is not available for the proceeding. 9
(2) If the single member is a Land Court non-presiding member, the 10
president may direct another Land Court non-presiding member to 11
constitute the tribunal to continue and finish the proceeding. 12
(3) If the single member is a mining referee, the president may direct 13
another mining referee to constitute the tribunal to continue and finish the 14
proceeding. 15
(4) The tribunal as constituted under a direction under subsection (2) or 16
(3) may, for continuing and finishing the proceeding, have regard to any 17
record of the proceeding made by the tribunal as previously constituted. 18
tribunal--panel 19
Reconstituting
44.(1) This section applies if, for a proceeding, the tribunal is constituted 20
by a panel (the "old panel"), and a member included in the old panel-- 21
(a) stops being a member; or 22
(b) for any reason is not available for the proceeding. 23
(2) The president may direct that, to continue and finish the proceeding-- 24
(a) the tribunal be constituted by a new panel formed by the 25
remaining members of the old panel; or 26
(b) the tribunal be constituted by a new panel formed by the 27
remaining members of the old panel, together with another 28
member or other members. 29
s 45 26 s 45
Land and Resources Tribunal
(3) Also, if the member mentioned in subsection (1) is the NNTT 1
member for the proceeding, the president must-- 2
(a) if there is at least 1 other member included in the panel formed 3
for the proceeding who is also an NNTT member--designate the 4
member or 1 of the NNTT members as the NNTT member for 5
the proceeding; or 6
(b) if there is no member included in the panel who is also an NNTT 7
member--appoint a person who is an NNTT member to form 8
part of the panel constituting the tribunal for the proceeding, and 9
designate the person as the NNTT member for the proceeding. 10
(4) The tribunal as constituted under subsection (2) must continue and 11
finish the proceeding and may, for continuing and finishing the proceeding, 12
have regard to any record of the proceeding made by the tribunal as 13
constituted by the old panel. 14
(5) Subsection (4) applies whether or not there has also been a 15
designation under subsection (3). 16
(6) In giving a direction under this section about how the tribunal must 17
be constituted, the president must have regard to the need for the tribunal's 18
affairs to be conducted promptly and efficiently. 19
tribunal--designated NNTT member not a tribunal 20
Reconstituting
member 21
45.(1) This section applies if, for a proceeding, the tribunal is constituted 22
by a panel (the "old panel") and a person, who is not a member of the 23
tribunal-- 24
(a) is included in the panel as the designated NNTT member for the 25
proceeding; and 26
(b) becomes unavailable for the proceeding. 27
(2) The president must-- 28
(a) appoint a person who is an NNTT member to form part of the 29
panel constituting the tribunal for the proceeding; and 30
(b) designate the person as the NNTT member for the proceeding. 31
(3) The person appointed by the president under subsection (2) may be a 32
s 46 27 s 49
Land and Resources Tribunal
member of the old panel if the member is also an NNTT member. 1
(4) The tribunal as constituted under subsection (2) must continue and 2
finish the proceeding and may, for continuing and finishing the proceeding, 3
have regard to any record of the proceeding made by the tribunal as 4
previously constituted. 5
(5) In appointing and designating a person under subsection (2), the 6
president must have regard to the need for the tribunal's affairs to be 7
conducted promptly and efficiently. 8
Division 2--Hearings 9
of div 2 10
Application
46. This division has effect subject to the provisions of any Act under 11
which the tribunal is given jurisdiction for a proceeding. 12
before tribunal 13
Representation
47. A party to a proceeding before the tribunal may appear in person or 14
be represented by a lawyer or someone else. 15
open to public 16
Hearings
48.(1) A tribunal hearing is to be open to the public. 17
(2) Subsection (1) has effect subject to an order of the tribunal limiting 18
the extent to which the hearing is open to the public. 19
(3) An order under subsection (2) may be made only if the tribunal is 20
satisfied it is necessary to make the order-- 21
(a) in the interests of justice; or 22
(b) to allow culturally sensitive issues to be appropriately dealt with. 23
of proceeding 24
Conduct
49.(1) When conducting a tribunal hearing, the tribunal must-- 25
(a) observe natural justice; and 26
s 50 28 s 50
Land and Resources Tribunal
(b) act as quickly, and with as little formality and technicality, as is 1
consistent with a fair and proper consideration of the issues 2
before it. 3
(2) In conducting the hearing, the tribunal-- 4
(a) is not bound by the rules of evidence; and 5
(b) may inform itself of anything in the way it considers appropriate; 6
and 7
(c) may decide the procedures to be followed for the proceeding. 8
(3) However, the tribunal must comply with this division and the rules. 9
(4) Directions about the way a proceeding is to be conducted may be 10
given at any time-- 11
(a) if the president has not yet given a direction about how the 12
tribunal is to be constituted for the proceeding--by the tribunal as 13
constituted by the president sitting alone, whether or not with a 14
non-presiding member assisting; or 15
(b) if the tribunal has been constituted for the proceeding, and the 16
tribunal is constituted by a panel--by a presiding member 17
included in the panel; or 18
(c) if the tribunal has been constituted for the proceeding, and the 19
tribunal is not constituted by a panel--by the tribunal as 20
constituted. 21
osts 22
C
50.(1) Each party to a proceeding before the tribunal must bear the 23
party's own costs for the proceeding. 24
(2) However, the tribunal may award costs in a proceeding if the tribunal 25
considers, in the special circumstances of the proceeding, an award of costs 26
is appropriate. 27
28
Examples of possible special circumstances--
29
1. The proceeding was started merely to delay or obstruct.
30
2. The proceeding, or a part of the proceeding, has been frivolous or vexatious.
(3) If costs are awarded by the tribunal under subsection (2), the amount 31
s 51 29 s 53
Land and Resources Tribunal
of the costs is to be the amount the tribunal considers reasonable. 1
Division 3--Jurisdiction 2
provisions about jurisdiction 3
General
51.(1) The tribunal has the jurisdiction conferred on it under this and 4
other Acts. 5
(2) The jurisdiction of the tribunal can not be ousted merely because a 6
proceeding before it is about claims or interests of an equitable nature or 7
involves making a decision about title to land. 8
jurisdiction for negotiated agreements 9
Exclusive
52.(1) A party to a negotiated agreement may apply to the tribunal, and 10
only to the tribunal, for an order-- 11
(a) for the enforcement of a negotiated agreement; or 12
(b) deciding a dispute arising under a negotiated agreement; or 13
(c) making a declaration about the interpretation of a negotiated 14
agreement. 15
(2) The tribunal must hear and decide an application under subsection (1) 16
and may make the order it considers appropriate. 17
(3) Subject to section 67,2 the jurisdiction given to the tribunal under this 18
section is exclusive of the jurisdiction of any other court or tribunal. 19
(4) In this section-- 20
"negotiated agreement" means an agreement listed in schedule 2. 21
jurisdiction for certain cultural heritage matters 22
Exclusive
53.(1) A group, or a member of a group, may apply to the tribunal, and 23
only to the tribunal, for an injunction under this section to stop the doing of 24
an act. 25
2 Section 67 (Appeal only on question of law)
s 53 30 s 53
Land and Resources Tribunal
(2) The tribunal must hear and decide an application under subsection (1) 1
and may grant the injunction only if the tribunal is satisfied that-- 2
(a) the person against whom the injunction is sought is doing the act, 3
or there are reasonable grounds for concluding that the person is 4
likely to do the act; and 5
(b) the act is a relevant act; and 6
(c) the applicant has standing to make the application; and 7
(d) it is necessary to grant the injunction to stop the person doing the 8
act. 9
(3) For this section, a group or member of a group has standing to make 10
an application if the group has a traditional, historic or custodial interest in-- 11
(a) if the relevant act is a contravention of section 56 of the Cultural 12
Record Act--the item of the Queensland Estate to which the 13
contravention relates; or 14
(b) if paragraph (a) does not apply--an item, place or area of cultural 15
significance that may be adversely affected by the doing of the act 16
the subject of the application. 17
(4) Subject to section 67,3 the jurisdiction given to the tribunal under this 18
section is exclusive of the jurisdiction of any other court or tribunal. 19
(5) In this section-- 20
"Cultural Record Act" means the Cultural Record (Landscapes 21
Queensland and Queensland Estate) Act 1987. 22
"group" means a group of Aboriginal people or Torres Strait Islanders. 23
"relevant act" means an act that is a contravention of-- 24
(a) section 564 of the Cultural Record Act; or 25
(b) a provision of another Act providing for the protection, 26
preservation of, or access to items, places or areas of cultural 27
significance to Aboriginal people or Torres Strait Islanders. 28
3 Section 67 (Appeal only on question of law)
4 Section 56 (Offences concerning Queensland Estate) of the Cultural Record
(Landscapes Queensland and Queensland Estate) Act 1987.
s 54 31 s 56
Land and Resources Tribunal
4--Other supporting provisions 1
Division
a court of record 2
Tribunal
54.(1) The tribunal is a court of record. 3
(2) The tribunal must have a seal. 4
(3) The seal must be kept under the direction of the president. 5
(4) The seal must be judicially noticed. 6
of decisions of tribunal 7
Form
55. A decision or order of the tribunal made at a tribunal hearing-- 8
(a) must be in writing; and 9
(b) must state fully the facts found by the tribunal; and 10
(c) must state the decision, and the reasons for the decision, on each 11
relevant question of law raised at the tribunal hearing; and 12
(d) must be published if the tribunal hearing is open to the public; and 13
(e) may be given at a place other than where the tribunal hearing took 14
place. 15
Court or District Court may transfer certain proceedings to 16
Supreme
tribunal 17
56.(1) This section applies to a proceeding if the proceeding-- 18
(a) is pending in either the Supreme Court or the District Court; and 19
(b) could have been brought before the tribunal. 20
(2) The court, on its own initiative or on the application of a party to the 21
proceeding, may order the transfer of the proceeding to the tribunal. 22
(3) If the court orders a proceeding to be transferred to the tribunal, the 23
registrar of the court must give the registrar of the tribunal-- 24
(a) a copy of the order; and 25
(b) all documents filed by the parties in the registry of the court for 26
s 57 32 s 58
Land and Resources Tribunal
the proceeding. 1
(4) A proceeding transferred to the tribunal must be dealt with as if the 2
proceeding had been started in the tribunal. 3
(5) The costs of the parties for a proceeding transferred to the tribunal 4
are, to the extent the costs are incurred before the order is made, in the 5
court's discretion. 6
of witnesses 7
Attendance
57.(1) This section applies if, under the rules, a person is notified to 8
attend as a witness at a tribunal hearing. 9
(2) The person must attend at the time and place notified. 10
Maximum penalty--20 penalty units or 14 days imprisonment. 11
(3) If the person does not attend at the time and place notified, the 12
tribunal may-- 13
(a) issue a warrant directed to all police officers to bring the person at 14
the time, and to the place, stated in the warrant to give evidence at 15
the hearing; and 16
(b) adjourn the hearing to the time and place mentioned in 17
paragraph (a) on terms as to costs the tribunal considers 18
appropriate. 19
(4) A warrant issued under subsection (3) is sufficient authority for a 20
police officer to execute it according to its terms. 21
appearing at tribunal hearing 22
Witnesses
58. A person appearing as a witness at a tribunal hearing must not, 23
without reasonable excuse-- 24
(a) refuse to be sworn or to make an affirmation; or 25
(b) refuse to answer a question the tribunal requires the person to 26
answer; or 27
s 59 33 s 61
Land and Resources Tribunal
(c) fail to produce a document, if the person was notified under the 1
rules to produce the document at the tribunal hearing. 2
Maximum penalty--20 penalty units. 3
4
Protection
59.(1) A member has, in the performance of the member's duties as a 5
member, the same protection and immunity as a judge of the Supreme 6
Court acting as a judge. 7
(2) A person representing a party before the tribunal has the same 8
protection and immunity as a lawyer has in appearing for a party in a 9
proceeding in the Supreme Court. 10
(3) A person notified to attend the tribunal, or appearing at a tribunal 11
hearing as a witness, has the same protection as a witness in a proceeding in 12
the Supreme Court. 13
tribunal 14
Obstructing
60.(1) A person must not obstruct or improperly influence the conduct of 15
a tribunal hearing, or try to do so. 16
Maximum penalty--40 penalty units. 17
(2) A person must not contravene an order of the tribunal limiting the 18
extent to which a tribunal hearing is open to the public. 19
Maximum penalty--40 penalty units. 20
for witnesses 21
Allowances
61. A witness notified to appear at a tribunal hearing has the right to be 22
paid the allowances and expenses-- 23
(a) prescribed under a regulation; or 24
(b) if no allowances and expenses are prescribed--decided by the 25
tribunal. 26
s 62 34 s 63
Land and Resources Tribunal
of tribunal 1
Contempt
62.(1) A person is in contempt of the tribunal if the person-- 2
(a) insults a tribunal member or a member of the tribunal staff at a 3
tribunal hearing, or in going to or returning from the tribunal 4
hearing; or 5
(b) deliberately interrupts a tribunal hearing, or otherwise misbehaves 6
at a tribunal hearing; or 7
(c) at a tribunal hearing, contravenes a provision of this Act about the 8
hearing; or 9
(d) creates or continues, or joins in creating or continuing, a 10
disturbance in or near a place where a tribunal hearing is being 11
conducted; or 12
(e) obstructs or assaults a person attending a tribunal hearing; or 13
(f) without lawful excuse, disobeys a lawful order or direction of the 14
tribunal made or given at a tribunal hearing; or 15
(g) does anything at a tribunal hearing or otherwise that would be 16
contempt of court if the tribunal were a judge acting judicially. 17
(2) The tribunal may order that a person who contravenes subsection (1) 18
at a tribunal hearing be excluded from the place where the hearing is being 19
conducted. 20
(3) A member of the tribunal staff, acting under the tribunal's order, 21
may, using necessary and reasonable help and force, exclude the person 22
from the place. 23
(4) In this section-- 24
"member of the tribunal staff" includes a deputy registrar (additional 25
office). 26
"tribunal member" includes an NNTT member for a proceeding. 27
of contempt 28
Punishment
63.(1) Without limiting the tribunal's power to punish for contempt, a 29
person's contempt of the tribunal may be punished under this section. 30
(2) The president may certify the contempt in writing to the Supreme 31
s 64 35 s 64
Land and Resources Tribunal
Court (the "court"). 1
(3) For subsection (2), it is enough for the president to be satisfied there 2
is evidence of contempt. 3
(4) The president may issue a warrant directed to a police officer or all 4
police officers for the arrest of the person to be brought before the Supreme 5
Court to be dealt with according to law. 6
(5) The Bail Act 1980 applies to the proceeding for the contempt started 7
by the certification in the same way it applies to a charge of an offence. 8
(6) The court must inquire into the alleged contempt. 9
(7) The court must hear-- 10
(a) witnesses and evidence that may be produced against or for the 11
person whose contempt was certified; and 12
(b) any statement given by the person in defence. 13
(8) If the court is satisfied the person has committed the contempt, the 14
court may punish the person as if the person had committed the contempt in 15
relation to proceedings in the court. 16
(9) The Rules of the Supreme Court apply to the court's investigation, 17
hearing and power to punish with necessary changes. 18
(10) The president's certificate of contempt is evidence of the matters 19
contained in the certificate. 20
that is contempt and offence 21
Conduct
64.(1) If conduct of an offender is both contempt of the tribunal and an 22
offence, the offender may be proceeded against for the contempt or for the 23
offence, but the offender is not liable to be punished twice for the same 24
conduct. 25
(2) In this section-- 26
"offender" means a person guilty, or alleged to be guilty, of contempt of 27
the tribunal. 28
s 65 36 s 65
Land and Resources Tribunal
of tribunal 1
Powers
65.(1) The tribunal has, for exercising jurisdiction conferred under this or 2
another Act, all the powers of the Supreme Court, and may in a proceeding 3
before the tribunal, in the same way and to the same extent as may be done 4
by the Supreme Court in a similar proceeding-- 5
(a) grant any relief or remedy; and 6
(b) make any order, including an order for attachment or committal 7
because of disobedience to an order; and 8
(c) give effect to every ground of defence or matter of set-off, 9
whether equitable or legal. 10
(2) Without limiting subsection (1), the tribunal has, in a proceeding 11
before it, power to grant relief-- 12
(a) under a declaration of rights of the parties; or 13
(b) under an injunction, whether interim, interlocutory or final, in the 14
proceeding; or 15
(c) by staying the proceeding or a part of the proceeding; or 16
(d) by appointing a receiver including an interim receiver. 17
(3) The tribunal may order that a record of or information about a 18
proceeding before the tribunal must not be made available to the public. 19
(4) Without limiting the things the tribunal may have regard to in 20
deciding whether to make an order under subsection (3), the tribunal may 21
have regard to Aboriginal tradition and Island custom. 22
(5) The practice and procedure of the tribunal in exercising its jurisdiction 23
in particular matters, including enforcing its judgments and orders, must as 24
far as practicable be the same as the practice and procedure of the Supreme 25
Court in similar matters. 26
(6) Without limiting subsection (5), the appropriate officer of the tribunal 27
must, in addition to duties otherwise imposed on the officer, discharge-- 28
(a) any duty an officer of the Supreme Court would be required 29
under the practice of the Supreme Court to discharge in similar 30
circumstances; and 31
(b) any duty imposed on the officer by an order of the tribunal. 32
s 66 37 s 67
Land and Resources Tribunal
(7) For subsection (6), the appropriate officer of the tribunal has the 1
powers of the relevant officer of the Supreme Court. 2
(8) Subsections (1) and (5) have effect subject to-- 3
(a) another provision of this Act; and 4
(b) a provision of another Act under which jurisdiction is conferred 5
on the tribunal; and 6
(b) the rules. 7
of orders etc. 8
Enforcement
66. Each warrant, order or other process of the tribunal may be directed 9
to, and may be served or executed or put into effect by-- 10
(a) the registrar; or 11
(b) the staff of the tribunal acting under the direction of the registrar. 12
only on question of law 13
Appeal
67.(1) A party to a proceeding before the tribunal may appeal against a 14
decision of the tribunal, but only on a question of law. 15
(2) The appeal is to-- 16
(a) if the tribunal is constituted by a Land Court non-presiding 17
member or a mining referee--the tribunal as constituted by the 18
president sitting alone (the "appellate body"), but only with the 19
president's leave; or 20
(b) if the tribunal is constituted by a panel or the president sitting 21
alone--the Court of Appeal (also the "appellate body"). 22
(3) On the appeal, the appellate body may-- 23
(a) dismiss the appeal; or 24
(b) allow the appeal and-- 25
(i) set aside the decision appealed against and substitute the 26
decision it considers should have been made; or 27
(ii) amend, as it considers appropriate, the decision appealed 28
against; or 29
s 68 38 s 69
Land and Resources Tribunal
(iii) suspend the operation of the decision appealed against and 1
remit the proceeding, with or without directions, to the 2
tribunal to act according to law. 3
(4) The appeal must be started within 28 days after the decision being 4
appealed against is given. 5
(5) An appeal to the Court of Appeal is to be made under the rules of 6
practice and procedure governing that court. 7
(6) However, if the rules do not provide for the appeal, the rules of 8
practice and procedure governing appeals from the Supreme Court to the 9
Court of Appeal apply to the appeal with necessary changes. 10
not a stay of decision 11
Appeal
68.(1) An appeal from a decision of the tribunal does not stay the 12
decision. 13
(2) However, the decision is stayed if the stay is ordered by-- 14
(a) the tribunal as constituted when making the decision; or 15
(b) the appellate body. 16
(3) The tribunal as constituted when making the decision or the appellate 17
body may, as well as making the order staying the decision, make an order 18
for securing the effectiveness of the appeal, including, for example, the 19
following-- 20
(a) an order in the nature of an injunction; 21
(b) an order for the payment of money to the tribunal to wait for the 22
outcome of the appeal; 23
(c) another order the tribunal or appellate body considers to be 24
appropriate in the circumstances. 25
of law referred from single member 26
Question
69.(1) This section applies if, for a proceeding, the tribunal is constituted 27
by a mining referee or Land Court non-presiding member. 28
(2) The tribunal may, on its own initiative or if asked by a party, refer a 29
question of law arising in the proceeding to the tribunal as constituted by the 30
s 70 39 s 71
Land and Resources Tribunal
president sitting alone for an opinion. 1
(3) The tribunal, as constituted by the president sitting alone, may in turn, 2
on its own initiative or if asked by a party, refer the question of law to the 3
Court of Appeal for an opinion. 4
(4) If the question of law is referred under subsection (2) or 5
subsections (2) and (3), the tribunal, as constituted in the way mentioned in 6
subsection (1), must not, in the proceeding-- 7
(a) give a decision to which the question is relevant while the 8
reference is pending; or 9
(b) proceed in a way, or make a decision, inconsistent with the 10
opinion given on the question. 11
of law referred from panel 12
Question
70.(1) This section applies if, for a proceeding, the tribunal is constituted 13
by a panel. 14
(2) The tribunal may, on its own initiative or if asked by a party, refer a 15
question of law arising in the proceeding to the Court of Appeal for an 16
opinion. 17
(3) If the question of law is referred under subsection (2), the tribunal 18
must not, in the proceeding-- 19
(a) give a decision to which the question is relevant while the 20
reference is pending; or 21
(b) proceed in a way, or make a decision, inconsistent with the 22
opinion given on the question. 23
5--Mediation 24
Division
of div 5 25
Application
71. This division applies to persons ("mediation participants")-- 26
(a) for whom the tribunal conducts or provides mediation in relation 27
to a matter; or 28
s 72 40 s 74
Land and Resources Tribunal
(b) for whom mediation is provided in relation to a matter by a 1
mediator chosen by the tribunal. 2
resolution agreement 3
Mediated
72.(1) If, at the mediation, the mediation participants negotiate an 4
agreement about the matter or part of the matter, the agreement must be 5
written down and signed by or for each mediation participant and by the 6
mediator. 7
(2) The agreement has the same effect as any other compromise. 8
to maintain secrecy 9
Mediators
73.(1) The mediator must not, without reasonable excuse, disclose 10
information about the matter coming to the mediator's knowledge during 11
the mediation. 12
Maximum penalty--40 penalty units. 13
(2) It is a reasonable excuse to disclose information if the disclosure is 14
made-- 15
(a) with the agreement of all the mediation participants; or 16
(b) for this Act; or 17
(c) for statistical purposes without revealing, or being likely to reveal, 18
the identity of a person about whom the information relates; or 19
(d) for an inquiry or proceeding about an offence happening during 20
the mediation; or 21
(e) for a proceeding founded on fraud alleged to be connected with, 22
or to have happened during, the mediation; or 23
(f) under a requirement imposed under an Act. 24
protection and immunity allowed 25
Ordinary
74.(1) In performing the functions of mediator, the mediator has the 26
same protection and immunity as a judge performing the functions of a 27
judge. 28
s 75 41 s 77
Land and Resources Tribunal
(2) A mediation participant in a mediation has the same protection and 1
immunity the participant would have if the mediation were a dispute being 2
heard before the Supreme Court. 3
(3) A document produced at, or used for, a mediation has the same 4
protection during the mediation it would have if produced before the 5
Supreme Court. 6
(4) In subsection (2)-- 7
"mediation participant" includes a participant's lawyer or agent. 8
made to mediators 9
Admissions
75.(1) Evidence of anything done or said, or an admission made, at a 10
mediation about the matter is admissible in a proceeding before the tribunal 11
or elsewhere only if all mediation participants agree. 12
(2) In subsection (1)-- 13
"proceeding" does not include a civil proceeding founded on fraud alleged 14
to be connected with, or to have happened during, the mediation. 15
precluded from tribunal hearing matter 16
Mediator
76. If the matter is the subject of a proceeding before the tribunal, the 17
tribunal, as constituted for the proceeding, must not include the mediator. 18
Division 6--Other provisions 19
and staffing of tribunal 20
Finance
77.(1) The tribunal is part of the department for the purposes of the 21
Financial Administration and Audit Act 1977. 22
(2) The staff of the tribunal, including the registrar and any deputy 23
registrar (tribunal), are to be appointed and employed under the Public 24
Service Act. 25
(3) However, a person is eligible for appointment as the registrar only if 26
the person-- 27
s 78 42 s 80
Land and Resources Tribunal
(a) is a lawyer; and 1
(b) has particular knowledge and experience of-- 2
(i) public administration; or 3
(ii) something else with substantial relevance to the duties of the 4
registrar. 5
report 6
Annual
78.(1) The president of the tribunal must, within 4 months after the end 7
of each financial year, prepare and give to the Minister a report on the 8
operations of the tribunal for the year. 9
(2) The Minister must cause a copy of the report to be tabled in the 10
Legislative Assembly within 14 days after its receipt by the Minister. 11
of powers by president 12
Delegation
79. The president may delegate the president's administrative powers 13
under this or another Act, including the power to give a direction about how 14
the tribunal is to be constituted for a proceeding, to another presiding 15
member. 16
ART 5--MISCELLANEOUS 17
P
of rights of non-presiding member 18
Preservation
80.(1) This section applies to a person who is appointed as an appointed 19
non-presiding member on the basis of full-time employment or as a referee 20
non-presiding member if-- 21
(a) immediately before the appointment as a non-presiding member, 22
the person was a public service officer; or 23
(b) the person-- 24
(i) was at some time before the appointment as a non-presiding 25
member, a public service officer; and 26
s 80 43 s 80
Land and Resources Tribunal
(ii) from when the person stopped being a public service officer 1
until immediately before the appointment as a non-presiding 2
member, has continuously been the holder of a statutory 3
office. 4
(2) The person keeps the rights the person has accrued because of 5
employment as a public service officer, or that would accrue in the future to 6
the person, as if service as a non-presiding member were a continuation of 7
service as a public service officer. 8
(3) If the person's term of appointment as a non-presiding member ends 9
or the person resigns-- 10
(a) the person has the right to be employed as a public service 11
officer-- 12
(i) in the department that is the nearest practical equivalent to the 13
department in which the person was employed as a public 14
service officer immediately before the person last stopped 15
being a public service officer; and 16
(ii) at the classification level at which the person was employed 17
as a public service officer immediately before the person last 18
stopped being a public service officer; and 19
(iii) on the remuneration payable to a public service officer on the 20
classification level mentioned in subparagraph (ii); and 21
(iv) for duties appropriate to the classification level mentioned in 22
subparagraph (ii); and 23
(b) the person's service as a non-presiding member is taken to be 24
service as a public service officer for working out the person's 25
rights as a public service officer. 26
s 81 44 s 83
Land and Resources Tribunal
(4) In this section-- 1
"statutory office" see section 1085 of the Public Service Act. 2
power 3
Regulation-making
81. The Governor in Council may make regulations under this Act. 4
power 5
Rule-making
82. The Governor in Council may make rules for the practice and 6
procedure of the tribunal. 7
ART 6--TRANSITIONAL PROVISIONS 8
P
not finished before commencement 9
Proceeding
83.(1) This section applies to a proceeding if, immediately before the 10
commencement of this section-- 11
(a) the proceeding was a proceeding under the Mineral Resources 12
Act 1989 or the Fossicking Act 1994; and 13
(b) the Wardens Court had jurisdiction for the proceeding; and 14
(c) the proceeding was not finished. 15
(2) The tribunal has jurisdiction to finish the proceeding as if the 16
proceeding had been started after the commencement of this Act. 17
(3) The president may give any necessary directions about how the 18
5 Public Service Act 1996, section 108 reads--
`What is a "statutory office"
`108.(1) A "statutory office" is an office established under an Act to which a
person may only be appointed by the Governor in Council or a Minister.
`(2) It is immaterial whether an appointment may only be made after a
recommendation or other process.'.
s 84 45 s 84
Land and Resources Tribunal
proceeding is to be dealt with by the tribunal instead of by the Wardens 1
Court. 2
(4) Despite anything in schedule 1, the president is not stopped from 3
directing that, for continuing the proceeding, the tribunal be constituted by a 4
mining referee rather than a panel. 5
(5) Despite subsection (2), if anything done by the Wardens Court before 6
the commencement of this section was the subject of an appeal, the appeal 7
must be finished as if this Act had not been enacted. 8
9
Warden
84.(1) This section applies to a person who, immediately before the 10
commencement of this section, is a warden under the Mineral Resources 11
Act 1989. 12
(2) On the commencement of this section, the person becomes a referee 13
non-presiding member, and more particularly, is a mining referee. 14
(3) However, the provisions of this Act about the term of a 15
non-presiding member's appointment, and the conditions of the 16
appointment, do not apply to the person. 17
(4) The following provisions of the Mineral Resources Act 1989 18
continue to apply to the person as if this Act had not been enacted-- 19
· section 345(2) 20
· section 346 21
· section 347 22
· section 351.6 23
(5) Also, the Judges (Salaries and Allowances) Act 1967 continues to 24
apply to the warden as if this Act had not been enacted. 25
6 Mineral Resources Act 1989, sections 345 (Appointment of wardens), 346 (Terms
and conditions of employment), 347 (Preservation of rights) and 351 (Tenure of
office)
s 85 46 s 85
Land and Resources Tribunal
role for warden and wardens court under certain Acts 1
Continuing
85.(1) The relevant mining Act provisions are taken to continue to have 2
effect as if this Act had not been enacted, but only to the extent necessary 3
for giving full effect to the relevant designated Act provisions. 4
(2) However, a reference in a relevant designated Act provision to a 5
warden is taken to be a reference to the tribunal as constituted by a person 6
who, under this Act, is a mining referee. 7
(3) In this section-- 8
"designated Acts" means the following Acts-- 9
· the Alcan Queensland Pty. Limited Agreement Act 1965 10
· the Aurukun Associates Agreement Act 1975 11
· the Central Queensland Coal Associates Agreement Act 1968 12
· the Coal Mining Act 1925 13
· the Mines Regulation Act 1964 14
· the Petroleum Act 1923 15
· the Queensland Nickel Agreement Act 1970 16
· the Thiess Peabody Coal Pty. Ltd. Agreement Act 1962. 17
"relevant designated Act provisions" means the provisions of the 18
designated Acts that mention a warden or the Wardens Court. 19
"relevant mining Act provisions" means the provisions of the Mineral 20
Resources Act 1989 that, immediately before the commencement of 21
this section, mentioned, directly or indirectly, a warden or the Wardens 22
Court. 23
s 86 47 s 86
Land and Resources Tribunal
PART 7--CONSEQUENTIAL AND OTHER 1
AMENDMENTS 2
3 3
Amendments--sch
86. Schedule 3 amends the Acts it mentions. 4
48
Land and Resources Tribunal
CHEDULE 1 1
¡S
EQUIREMENTS FOR CONSTITUTING TRIBUNAL 2
R
section 40(1)(b) 3
FOSSICKING ACT 1994 4
For all appeals to the tribunal, the tribunal is to be constituted by a mining 5
referee. 6
MINERAL RESOURCES ACT 1989 7
8
Sections conferring Nature of Constitution of 9
jurisdiction proceeding tribunal
Prospecting permits 10
38 to 42 appeal about a mining referee
prospecting permit
Mining claims 11
53(6)(b) application about the mining referee
area the subject of a
mining claim
70(1) application by mining referee
attending party for
costs
49
Land and Resources Tribunal
SCHEDULE 1 (continued)
77 hearing about mining referee
application for mining
claim unless, under
this schedule, the
tribunal must be
constituted by a panel
85 hearing about mining referee or
compensation Land Court non-
presiding member
86 appeal about panel
compensation
101 proceeding about a mining referee
caveat
116 appeal about a mining referee
decision about a
mining claim
mentioned in the
section unless, under
this schedule, the
tribunal must be
constituted by a panel
125 hearing about access mining referee
452 application for surface panel
alluvium (gold or tin)
mining claim
Exploration permits 1
145 recovery of panel
compensation for
damage or injury
156 proceeding about a mining referee
caveat
50
Land and Resources Tribunal
SCHEDULE 1 (continued)
174(1) application to the mining referee
tribunal by attending
party for costs
497 hearing of objections panel
on high impact
exploration permit
Mineral development licences 1
191 recovery of panel
compensation for
damage or injury
194A proceeding about At panel
Risk agreement
203 proceeding about a mining referee
caveat
222(1) application by mining referee
attending party for
costs
544 hearing of objections panel
on high impact
mineral development
licence
Mining leases 2
250 appeal against
rejection of application
for grant of mining
lease unless, under
this schedule, the
tribunal must be
constituted by a
panel--
51
Land and Resources Tribunal
SCHEDULE 1 (continued)
(a) if applicant does mining referee
not ask for the
tribunal to be
constituted by a
panel; or
(b) if applicant asks panel
for the tribunal to
be constituted by
a panel
259(1) application to the mining referee
tribunal by attending
party for costs
268 hearing of application
for grant of mining
lease unless, under
this schedule, the
tribunal must be
constituted by a
panel--
(a) if all parties ask mining referee
for the tribunal to
be constituted by
the mining
referee, and the
president agrees
to the request; or
(b) if paragraph (a) panel
does not apply
52
Land and Resources Tribunal
SCHEDULE 1 (continued)
271(1) remission of matter tribunal to be
by the minister to constituted in the same
tribunal for way as the tribunal
reconsideration was constituted for
deciding its
reco m m e n d a tion
about the grant of the
mining lease
278A proceeding about At panel
Risk agreement
281 hearing about mining referee or
compensation Land Court non-
presiding member
282 appeal about panel
compensation
299 application for order mining referee
declaring land to be
adjoining land for the
section
305 proceeding about a mining referee
caveat
317 hearing about access mining referee
578 application for surface panel
alluvium (gold or tin)
mining lease
Interim order by remote means 1
364 interim order by presiding member
remote means
53
Land and Resources Tribunal
SCHEDULE 1 (continued)
Compensation 1
653 decision about panel
compensation
657 decision about panel
compensation
658 decision about amount panel
held in trust for
compensation
General 2
1.(1) This section applies if, for a proceeding before the tribunal, the 3
tribunal will be required to make-- 4
(a) a decision about the granting, variation or renewal of, or another 5
act concerning, a mining tenure, including a proposed tenure, 6
under the non-native title (mining) provisions; and 7
(b) a decision concerning the tenure under the native title (mining) 8
provisions. 9
(2) For the proceeding, the tribunal is to be constituted by a panel. 10
(3) However, if the proceeding includes the hearing of an objection of a 11
native title notification party for land the subject of the proceeding, the panel 12
must be an NNTT panel. 13
54
Land and Resources Tribunal
CHEDULE 2 1
¡S
EGOTIATED AGREEMENTS 2
N
section 52 3
MINERAL RESOURCES ACT 1989 4
The following agreements mentioned in the Mineral Resources Act 1989 5
are negotiated agreements-- 6
· a consultation agreement under part 14 (Native title provisions for 7
mining claims) 8
· an agreement about an exploration permit under section 495 9
(Process for consultation--agreement with or without conditions) 10
or 496 (Process for consultation--agreement with conditions) 11
· an agreement about a mineral development licence under section 12
542 (Process for consultation--agreement with or without 13
conditions) or 543 (Process for consultation--agreement with 14
conditions) 15
· a consultation agreement under part 17 (Native title provisions for 16
mining leases), division 2 (Surface alluvium (gold or tin) mining 17
leases) 18
· a negotiated agreement under part 17 (Native title provisions for 19
mining leases), division 3 (Other mining leases on alternative 20
provision areas) 21
· a negotiated agreement under part 17 (Native title provisions for 22
mining leases), division 4 (Other mining leases not on alternative 23
provision areas) 24
· an agreement about payment of compensation mentioned in 25
section 653 (Native title holders compensation). 26
55
Land and Resources Tribunal
CHEDULE 3 1
¡S
AMENDMENT OF OTHER ACTS 2
section 86 3
CTS INTERPRETATION ACT 1954 4
´A
1. Section 36-- 5
insert-- 6
` "Land and Resources Tribunal" means the Land and Resources 7
Tribunal established under the Land and Resources Tribunal Act 8
1998.'. 9
FOSSICKING ACT 1994 10
1. Section 3, definition "Wardens Court"-- 11
omit. 12
2. Section 3-- 13
insert-- 14
` "tribunal" means the Land and Resources Tribunal.'. 15
3. Section 8(1), entry for `Wardens Court'-- 16
omit. 17
56
Land and Resources Tribunal
SCHEDULE 3 (continued)
4. Sections 99, heading, 100(4), 101(2) and (3), 102(2) and 103, 1
`Wardens Court'-- 2
omit, insert-- 3
`tribunal'. 4
5. Sections 16(4)(b)(ii) and (5)(c), 20(4)(c) and 22(4)(b), `a Wardens 5
Court'-- 6
omit, insert-- 7
`the tribunal'. 8
6. Section 94-- 9
omit, insert-- 10
`Proceedings for offences 11
`94. A proceeding for an offence against this Act may be instituted in a 12
summary way under the Justices Act 1886.'. 13
7. Section 95(1), `a Wardens Court'-- 14
omit, insert-- 15
`the court convicting the person'. 16
8. Section 95(2), `a Wardens Court'-- 17
omit, insert-- 18
`the court'. 19
9. Section 95(3), `A Wardens Court'-- 20
omit, insert-- 21
`The court'. 22
57
Land and Resources Tribunal
SCHEDULE 3 (continued)
10. Section 95(4), `Wardens Court's'-- 1
omit, insert-- 2
`court's'. 3
11. Section 99(1), after `appeal'-- 4
insert-- 5
`to the tribunal'. 6
12. Section 99(3)-- 7
omit. 8
13. Section 100, words before subsection (3)-- 9
omit, insert-- 10
`Starting appeal 11
`100.(1) An appeal is started by filing a written notice of appeal with the 12
mining registrar for the mining district to which the licence or permit 13
applied for relates. 14
`(2) The mining registrar must give a copy of the notice to the authorised 15
officer who made the decision appealed against.'. 16
14. Section 101(1), `A Wardens Court'-- 17
omit, insert-- 18
`The tribunal'. 19
15. Section 102(2)(c)-- 20
omit. 21
58
Land and Resources Tribunal
SCHEDULE 3 (continued)
16. Section 103, heading, `Court-- 1
omit, insert-- 2
`tribunal'. 3
17. Section 103(2), example, `Court'-- 4
omit, insert-- 5
`tribunal'. 6
18. Section 104-- 7
omit. 8
19. Sections 105 to 108-- 9
renumber as sections 104 to 107. 10
JUDGES (SALARIES AND ALLOWANCES) ACT 1967 11
´
1. Part 4, heading, `and mining wardens'-- 12
omit. 13
2. Section 4A-- 14
omit. 15
3. Section 5(3)(f)-- 16
omit. 17
59
Land and Resources Tribunal
SCHEDULE 3 (continued)
4. Section 12(1)(f)-- 1
omit. 2
5. Section 12(7), `and wardens'-- 3
omit. 4
6. Section 12(8), definition "relevant Minister", paragraph (d)-- 5
omit. 6
7. Section 13(2), `or warden'-- 7
omit. 8
INERAL RESOURCES ACT 1989 9
´M
1. Section 5, definition "warden"-- 10
omit. 11
2. Sections 28(1), 38(1), 39(4), 40, 41(1), 42, 53(6)(b), 64(8), 70(1) to (3), 12
72(1), 75, 76, 77(1) to (7), 78(1), (2) and (5), 79(1), 80, 81(1)(p), (2) and 13
(4)(b), 83(3) to (5) and (9), 85(1)(a), (2), (5), (6), (9) and (11) to (13), 14
87(1), 93(3)(a), 105(5), 107(4) and (5), 116(1) and (2), 117(4), 118, 119, 15
120, 125(3), (5), (6), (8) and (9)(a)(ii), 145(1), 162(3), 174(1) to (3), 16
191(1), 222(1) to (3), 250(4) to (7), 259(1) to (3), 264(7), 265(1), 267, 17
268(1) to (9), 269(1), 271(1)(c), 272, 279(1)(a) and (2), 279(5) (first and 18
third mentions), 281, heading, 281(1), (2) and (5) to (7), 283(1), 299(3), 19
309(9), 317(3), (5), (6), (8) and (9)(a)(ii), 380 (third and fourth 20
mentions), 381, heading, 406(1) to (7) and 409(1), (2) and (6), 21
`Wardens Court'-- 22
omit, insert-- 23
`tribunal'. 24
60
Land and Resources Tribunal
SCHEDULE 3 (continued)
3. Section 41(1)(c)-- 1
omit. 2
4. Sections 70, 77, 174, 222, 259, 380 and 406, headings, `Wardens 3
Court'-- 4
omit, insert-- 5
`Tribunal'. 6
5. Section 77(2)-- 7
omit. 8
6. Section 77(3) to (8)-- 9
renumber as section 77(2) to (7). 10
7. Sections 77(8), 250(7), 252(10), 264(7), 268(8), 269, 270, 272(2), 11
364(1) and (2), 364(4) (first mention), 378(1) and (2), 380(1), 406(4) 12
and 409(2) and (6), `warden'-- 13
omit, insert-- 14
`tribunal'. 15
8. Section 78, heading, `Wardens Court's'-- 16
omit, insert-- 17
`Tribunal's'. 18
9. Sections 78(3) and (4), 268(10) and (11), 363(1) and (3), and 381(1), 19
`A Wardens Court'-- 20
omit, insert-- 21
`The tribunal'. 22
61
Land and Resources Tribunal
SCHEDULE 3 (continued)
10. Sections 85(7), 116(3), 162(2), 281(3), 363(2)(first and second 1
mentions), 363(7) and 404(c) and (d), `a Wardens Court'-- 2
omit, insert-- 3
`the tribunal'. 4
11. Section 85(10), from `The' to `determination'-- 5
omit, insert-- 6
`The tribunal's determination'. 7
12. Sections 86 and 282, headings, `Wardens Court's'-- 8
omit, insert-- 9
`tribunal's'. 10
13. Sections 86(1) and 282(1), `a Wardens Court'-- 11
omit, insert-- 12
`the tribunal (the "tribunal at first instance")'. 13
14. Sections 86(1), (4), (5), (6) and (8) and 282(1), (4), (5), (6) and (8), 14
`Land Court'-- 15
omit, insert-- 16
`tribunal (appeal)'. 17
15. Section 86(2)(a) and 282(2)(a), `Land Court registry'-- 18
omit, insert-- 19
`tribunal'. 20
62
Land and Resources Tribunal
SCHEDULE 3 (continued)
16. Section 86(2)(c) and 282(2)(c), `that court'-- 1
omit, insert-- 2
`the tribunal'. 3
17. Sections 86(3) and 282(3)-- 4
omit. 5
18. Sections 86(5) and (6) and 282 (5) and (6), `the Wardens Court'-- 6
omit, insert-- 7
`the tribunal at first instance'. 8
19. Sections 86(7) and 282 (7), `a Wardens Court'-- 9
omit, insert-- 10
`the tribunal at first instance'. 11
20. Sections 86(7) and 282(7), `A Land Court'-- 12
omit, insert-- 13
`The tribunal (appeal)'. 14
21. Sections 86 and 282, subsections (4) to (8)-- 15
renumber as subsections (3) to (7). 16
22. Sections 86 and 282-- 17
insert-- 18
`(8) In this section-- 19
"tribunal (appeal)" means the tribunal constituted in the way required 20
63
Land and Resources Tribunal
SCHEDULE 3 (continued)
under the Land and Resources Tribunal Act 1998 for an appeal under 1
this section.'. 2
23. Sections 99(2)(c), 100(b), 101(2) to (4), 154(2)(c), 155(b), 156(2) to 3
(4), 201(2)(c), 202(b), 203(2) to (4), 303(2)(c), 304(b) and 305(2) to (4), 4
`Wardens Court or another court of competent jurisdiction'-- 5
omit, insert-- 6
`tribunal'. 7
24. Section 101(2), 156(2), 203(2), 305(2) and 409(1), `plaint'-- 8
omit, insert-- 9
`application'. 10
25. Sections 101(3) (second mention), 156(3) (second mention), 203(3) 11
(second mention), 259(3), 268(9), 305(3) (second mention) and 381(1), 12
`court'-- 13
omit, insert-- 14
`tribunal'. 15
26. Section 119(1)(c)-- 16
omit. 17
27. Sections 194A and 278A, headings, `Land Court's'-- 18
omit, insert-- 19
`Tribunal's'. 20
64
Land and Resources Tribunal
SCHEDULE 3 (continued)
28. Sections 194A(1) and (2) and 278A(1) and (2) , `Land Court'-- 1
omit, insert-- 2
`tribunal'. 3
29. Section 210(10), `and may be recovered by action in a Wardens 4
Court'-- 5
omit. 6
30. Section 210(11), `to the Wardens Court'-- 7
omit. 8
31. Section 268(2)-- 9
omit. 10
32. Section 268(3) to (11)-- 11
renumber as section 268(2) to (10). 12
33. Section 269, heading, `Warden's'-- 13
omit, insert-- 14
`Tribunal's'. 15
34. Sections 269(1)(d) and (5), 270(1) and 406(6), `warden's'-- 16
omit, insert-- 17
`tribunal's'. 18
65
Land and Resources Tribunal
SCHEDULE 3 (continued)
35. Sections 271(1), 392 and 409(5), `a warden'-- 1
omit, insert-- 2
`the tribunal'. 3
36. Section 279(5)(b), `warden, or as the case may be, the Wardens 4
Court'-- 5
omit, insert-- 6
`tribunal'. 7
37. Section 281(6), `or the Land Court on appeal'-- 8
omit. 9
38. Section 328(2), (5)(b) and (9), `Wardens Court'-- 10
omit, insert-- 11
`court'. 12
39. Section 333, `in the Wardens Court or other court of competent 13
jurisdiction'-- 14
omit, insert-- 15
`as a debt'. 16
40. Section 339(3)-- 17
omit. 18
41. Part 10, division 2, heading-- 19
omit, insert-- 20
`Division 2--The tribunal'. 21
66
Land and Resources Tribunal
SCHEDULE 3 (continued)
42. Sections 344 to 362-- 1
omit. 2
43. Section 363(2)(j)-- 3
omit. 4
44. Section 363(4) to (6)-- 5
omit. 6
45. Section 363(7)-- 7
renumber as section 363(4). 8
46. Section 364(1), `of a Warden's Court'-- 9
omit, insert-- 10
`, under this Act, of the tribunal'. 11
47. Section 364(3)-- 12
omit, insert-- 13
`(3) On the giving of the advice under subsection (2), the tribunal may 14
make any order it could have made had the application been made in its 15
presence.'. 16
48. Section 364(4), words after `mining registrar' (second mention)-- 17
omit, insert-- 18
`must, as soon as practicable, give each party a copy of the order.'. 19
67
Land and Resources Tribunal
SCHEDULE 3 (continued)
49. Section 364(5)-- 1
omit, insert-- 2
`(5) The order must state the day and place that the order was made.'. 3
50. Sections 365 to 369-- 4
omit. 5
51. Sections 371 to 377-- 6
omit. 7
52. Section 378(1), `before a Wardens Court'-- 8
omit, insert-- 9
`, under this Act, before the tribunal'. 10
53. Section 378(1), `of the court of appeal'-- 11
omit, insert-- 12
`on the appeal'. 13
54. Section 378(3), `warden or the Wardens Court'-- 14
omit, insert-- 15
`tribunal'. 16
55. Section 378(3), `of the court on appeal'-- 17
omit, insert-- 18
`on the appeal'. 19
68
Land and Resources Tribunal
SCHEDULE 3 (continued)
56. Section 378(5) and (6)-- 1
omit. 2
57. Section 379-- 3
omit. 4
58. Section 380, `by a Wardens Court of a plaint'-- 5
omit, insert-- 6
`for a proceeding, under this Act, in the tribunal'. 7
59. Section 382-- 8
omit. 9
60. Part 10, division 3-- 10
omit. 11
61. Sections 393(1)(a), 399(2) and 401, `warden'-- 12
omit, insert-- 13
`tribunal'. 14
62. Section 404, heading, `warden'-- 15
omit, insert-- 16
`bailiff'. 17
63. Sections 404(a), 411(1) and (2) and 413(2) and (3), `warden,'-- 18
omit. 19
69
Land and Resources Tribunal
SCHEDULE 3 (continued)
64. Section 409(7), `appropriate court'-- 1
omit, insert-- 2
`tribunal'. 3
65. Section 412(2)-- 4
omit, insert-- 5
`(2) A proceeding for an offence against this Act may be instituted in a 6
summary way under the Justices Act 1886.'. 7
66. Section 412(3), words from `by proceedings'-- 8
omit, insert-- 9
`as a debt.'. 10
67. Section 412(4)-- 11
omit. 12
68. Section 412(5)-- 13
renumber as section 412(4). 14
69. Section 417(2)(i), `wardens,'-- 15
omit. 16
70. Section 417(2)(l)-- 17
omit. 18
71. Section 417(2)(m) to (p)-- 19
renumber as section 417(2)(l) to (o). 20
70
Land and Resources Tribunal
SCHEDULE 3 (continued)
NATIVE TITLE (QUEENSLAND) ACT 1993 1
´
1. Section 4, definition "Wardens Court"-- 2
omit. 3
2. Section 4-- 4
insert-- 5
` "tribunal" means the Land and Resources Tribunal.'. 6
3. Section 153(2)(a)-- 7
omit, insert-- 8
`(a) that the tribunal becomes a recognised State/Territory body; and'. 9
71
Land and Resources Tribunal
CHEDULE 4 1
¡S
ICTIONARY 2
D
section 3 3
"appellate body" see section 67. 4
"appointed non-presiding member" see section 15(4). 5
"Commonwealth Native Title Act" means the Native Title Act 1993 6
(Cwlth). 7
"decision", of the tribunal, includes the following of the tribunal-- 8
(a) determination; 9
(b) judgment; 10
(c) recommendation. 11
"deputy president" means a deputy president of the tribunal. 12
"deputy registrar" means a deputy registrar of the tribunal. 13
"deputy registrar (additional office)" see section 33(2)(b). 14
"deputy registrar (tribunal)" see section 33(2)(a). 15
"indigenous issues referee" see section 16(2)(c). 16
"Judges Pensions Act" means the Judges (Pensions and Long Leave) Act 17
1957. 18
"Land Tribunal" means-- 19
(a) the Land Tribunal established under the Aboriginal Land Act 20
1991; or 21
(b) the Land Tribunal established under the Torres Strait Islander 22
Land Act 1991. 23
"Land Court non-presiding member" see section 15(2). 24
"Land Tribunal non-presiding member" see section 15(3). 25
"mediation referee" see section 16(2)(c). 26
72
Land and Resources Tribunal
SCHEDULE 4 (continued)
"members", of the tribunal, see section 6. 1
"mining referee" see section 16(2)(c). 2
"mining tenure" means a prospecting permit, mining claim, exploration 3
permit, mineral development licence or mining lease under the Mineral 4
Resources Act 1989. 5
"native title notification party" see the Mineral Resources Act 1989, 6
section 421. 7
"native title (mining) provisions" means the Mineral Resources Act 8
1989, parts 12 to 18. 9
"NNTT" means the National Native Title Tribunal established under the 10
Commonwealth Native Title Act. 11
"NNTT member" means-- 12
(a) a member of the NNTT; and 13
(b) for a proceeding, means a person designated under section 40(5) 14
as the NNTT member for the proceeding. 15
"NNTT panel" see section 39(2)(b), (c) and (d). 16
"non-native title (mining) provisions" means the Mineral Resources Act 17
1989, other than parts 12 to 18. 18
"non-presiding member" see section 15(1). 19
"panel" means panel of the tribunal. 20
"president" means the president of the tribunal. 21
"presiding members", of the tribunal, see section 7. 22
"Public Service Act" means the Public Service Act 1996. 23
"referee non-presiding member"see section 15(5). 24
"registrar" means the registrar of the tribunal. 25
"rules" means the rules for the practices and procedures of the tribunal 26
made by the Governor in Council under this Act. 27
73
Land and Resources Tribunal
SCHEDULE 4 (continued)
"senior presiding member", for a proceeding, means the person who-- 1
(a) under section 40(3), is the senior presiding member for the 2
proceeding; or 3
(b) under section 40(4), is designated as the senior presiding member 4
for the proceeding. 5
"standard panel" see section 39(2)(a). 6
"tribunal" means the Land and Resources Tribunal established under this 7
Act. 8
"tribunal hearing" means the hearing for a proceeding before the tribunal. 9
10
© State of Queensland 1998
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