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1
Land and Resources Tribunal Amendment
LAND AND RESOURCES TRIBUNAL
AMENDMENT BILL 2000
EXPLANATORY NOTES
Title of the Bill
Land and Resources Tribunal Amendment Bill 2000.
Policy Objectives of the Bill
The Land and Resources Tribunal Act 1999 established the Land and
Resources Tribunal (the Tribunal). Appointments of the President and two
Deputy Presidents (the Presiding Members) of the Tribunal have been
made. A need has been identified to expand the role of the Deputy
Presidents of the Tribunal to include non-native title mining matters.
The Land and Resources Tribunal Act 1999 provides, amongst other
things, for the transfer of the functions of the warden and the Wardens
Court to the Tribunal for non-native title mining matters under the Mineral
Resources Act 1989 and the Fossicking Act 1994. This transfer has not
occurred.
In order to expand the role of the Deputy Presidents, the Bill extends the
role of the Presiding Members of the Tribunal to include dealing with
non-native title mining matters (including matters otherwise to be dealt with
by the warden becoming the mining referee), and that the two existing
mining wardens not automatically become members of the Tribunal.
The Bill also includes some other minor and technical amendments to the
Land and Resources Tribunal Act 1999.
Achieving the Policy Objectives of the Legislation
The Bill achieves these policy objectives by amending the relevant
provisions of the Land and Resources Tribunal Act 1999 and inserting new
sections where required.
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Land and Resources Tribunal Amendment
The Bill amends Schedule 1 of the Land and Resources Tribunal Act
1999 (see Clause 13) to provide that in certain cases under the Mineral
Resources Act 1989 and the Fossicking Act 1994, as set out in Schedule 1,
the Tribunal may be constituted by a Presiding Member for those purposes.
By the application of new section 70A (see Clause 10) the Tribunal may be
constituted in these cases by what is termed as a presiding member
(alternative), namely a Deputy President of the Tribunal. Consequential
amendments are made by the Bill to certain procedural sections of the Land
and Resources Tribunal Act 1999 to accommodate this new constitution of
the Tribunal (see Clauses 7,8 and 9).
The Bill amends the Land and Resources Tribunal Act 1999 so that the
two existing wardens do not automatically become members of the
Tribunal, and in particular mining referees (see Clause 11). The two
existing wardens and the Wardens Court will continue to exist outside of the
Tribunal.
The Bill amends the Land and Resources Tribunal Act 1999 so that the
warden's jurisdiction for conducting inquiries into serious accidents under
the Coal Mining Act 1925 and the Mines Regulation Act 1964, which was to
be undertaken by the mining referee, is retained by the warden.
The Bill also includes some other minor and technical amendments to the
Land and Resources Tribunal Act 1999.
Administrative Cost
The administrative cost to the Government, as a result of the Bill, will be
those costs associated with the continued operation of the Wardens Court.
Consistency with Fundamental Legislative Principles
The Bill is consistent with fundamental legislative principles defined in
section 4 of the Legislative Standards Act 1992. Section 4 requires that
legislation has sufficient regard to:
(a) rights and liberties of individuals; and
(b) the institution of Parliament.
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Land and Resources Tribunal Amendment
With respect to the rights and liberties of individuals, section 4(3)(a) of
the Legislative Standards Act 1992 provides that one of the fundamental
legislative principles is whether legislation makes rights and liberties, or
obligations, dependent on administrative power only if the power is
sufficiently defined and subject to appropriate review.
The Bill amends the Land and Resources Tribunal Act 1999 to provide
that for the Tribunal constituted by a presiding member (alternative), a Land
Court non-presiding member or a mining referee, an appeal lies to the
President sitting alone but only with the President's leave (see Clause 7). In
all other cases where the Tribunal is not constituted by a presiding member
(alternative), a Land Court non-presiding member or a mining referee, the
appeal lies to the Court of Appeal. The appeal to the Court of Appeal will
be according to the rules of that court.
With respect to the rights and liberties of individuals, section 4(3)(g) of
the Legislative Standards Act 1992 provides that one of the fundamental
legislative principles is whether legislation does not adversely affect rights
and liberties, or impose obligations, retrospectively.
The Bill does not adversely affect the rights and liberties of the wardens.
Whilst the Bill reflects a change as to what happens to a person who is a
warden at the time of the commencement of section 85 of the Land and
Resources Tribunal Act 1999, the Bill does not adversely affect the salary,
terms and conditions, rights and tenure of appointment, of a person as a
warden. The warden's jurisdiction for conducting inquiries into serious
accidents under the Coal Mining Act 1925 and the Mines Regulation Act
1964, which was to be undertaken by the mining referee, is instead retained
by the warden.
With respect to whether the legislation has sufficient regard to the
institution of Parliament, the Bill is consistent with fundamental legislative
principles as the Bill does not allow for the delegation of legislative power,
does not authorise the amendment of the Act other than by an Act, and does
not restrict, in any way, the scrutiny of any delegated legislative power by
the Legislative Assembly.
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Land and Resources Tribunal Amendment
Consultation
The Bill was developed in consultation with:
· the Department of the Premier and Cabinet;
· the Office of Parliamentary Counsel;
· the Department of Justice and Attorney-General;
· the Land and Resources Tribunal; and
· the Department of Mines and Energy.
NOTES ON CLAUSES
Clause 1 of the Bill sets out the short title of the proposed Act.
Clause 2 of the Bill provides that the Bill amends the Land and
Resources Tribunal Act 1999 (the Act).
Clause 3 of the Bill amends the heading of section 39 of the Act to more
correctly reflect the content of that section, namely as to how the tribunal is
to be constituted for a proceeding.
Clause 4 of the Bill amends subsections (3) and (4) of section 40 of the
Act to reflect that where the tribunal is constituted as a panel in accordance
with section 39(2) of the Act with more than one presiding member, the
president, or another presiding member when the president is not included
on the panel, is the senior presiding member for the purposes of deciding
questions under section 41 of the Act.
Clause 5 of the Bill amends section 59 of the Act to extend the existing
immunity for tribunal members when performing administrative functions
or powers conferred under an Act.
Clause 6 of the Bill clarifies that the tribunal may exclude a person who
under section 62(1) is in contempt of the tribunal.
Clause 7 of the Bill amends section 67 of the Act to ensure that where the
tribunal is constituted by a presiding member (alternative) (see Clause 10), a
Land Court non-presiding member or a mining referee, an appeal lies to the
president sitting alone but only with the president's leave. In all other cases
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Land and Resources Tribunal Amendment
where the tribunal is not constituted by a presiding member (alternative), a
Land Court non-presiding member or a mining referee, the appeal lies to the
Court of Appeal.
Clause 8 of the Bill amends the heading of section 69 of the Act to reflect
its new content, and extends the content of section 69 to include a referral of
a question of law from a presiding member (alternative).
Clause 9 of the Bill amends the heading of section 70 of the Act to reflect
its new content, and provides that where the tribunal is composed other than
in accordance with section 69 a question of law may be referred to the Court
of Appeal.
Clause 10 inserts new section 70A into the Act. Section 70A provides a
definition of when the tribunal is constituted by a presiding member
(alternative) for the relevant provisions, namely for section 67(2) (see
Clause 7), section 69(1) (see Clause 8), and section 70(1) (see Clause 9).
Clause 11 amends section 85 of the Act to provide that the warden and
the Wardens Court continue for the purposes of the Coal Mining Act 1925
and the Mines Regulation Act 1964. Sections 283 and 297 of the Coal
Mining Safety and Health Act 1999 and sections 263 and 272 of the Mining
and Quarrying Safety and Health Act 1999 provide a continuing role for the
warden after the repeal of the Coal Mining Act 1925 and the Mines
Regulation Act 1964.
Clause 12 amends section 86 of the Act. Clause 12 has the effect of
omitting from the list of "designated Acts" the Coal Mining Act 1925 and
the Mines Regulation Act 1964. These Acts are now to be dealt with by
section 85 of the Act (see Clause 11). Clause 12 amends the application of
section 86 of the Act to include that a reference to the warden or the
Wardens Court is a reference to the tribunal. The Clause also extends the
application of the existing section to include that a reference to a warden or
the Wardens Court in any instrument made or entered into under a
designated Act is a reference to the tribunal.
Clause 13 of the Bill amends Schedule 1 of the Act to give effect to
Clause 10 of the Bill.
© State of Queensland 2000