LAND AND RESOURCES TRIBUNAL ACT 1999 Reprinted as in force on 1 July 2009 Reprint No. 3D > TABLE OF PROVISIONS Contents Part 1--Preliminary 1. Short title 2. Commencement 3. Dictionary Part 2--Establishment and membership of tribunal Division 1--Establishment 4. Land and Resources Tribunal 5. Tribunal not subject to direction 6. Membership of tribunal Division 2--Presiding members 7. Presiding members 8. Eligibility for appointment as presiding member 9. Retirement or resignation of presiding members 13. Termination of appointment of presiding member 14. Acting presiding member 14A. Land Court member filling vacancy of presiding member Division 3--Non-presiding members 15. Non-presiding members 16. Appointment of non-presiding members 17. Eligibility for appointment as appointed non-presiding member 18. Eligibility for appointment as referee non-presiding member 19. Acting non-presiding member 19A. Land Court officer filling vacancy of referee non-presiding member 20. Termination of office of Land Court and Land Tribunal non- presiding members 21. Termination of appointment of non-presiding member 22. Term of appointment of appointed or referee non-presiding member 23. Resignation of certain non-presiding members 24. Conditions of appointment of non-presiding member Division 4--General provisions about members 25. Leave of absence 26. Limitation on ownership of mining tenements 27. Disclosure of interests 27A. Membership of other decision-making entity 28. Appointment to NNTT Part 3--Registrar and deputy registrars Division 1--Registrar 29. Registrar of tribunal 30. Keeping and disclosure of records and information 31. Engagement of consultants 32. Delegation by registrar Division 2--Deputy registrars 33. Deputy registrars of tribunal 34. Basis for appointment as deputy registrar (additional office) 35. Conditions of appointment of deputy registrar (additional office) 36. Deputy registrar (additional office) subject to direction of Part 4--Organisation and operation of tribunal Division 1--Sitting of tribunal 37. Sittings of tribunal 39. General requirements for constituting tribunal for proceeding 40. Specific requirements for constituting tribunal for proceeding 41. Way in which questions are to be decided 42. Specific requirements for native title objection proceedings 43. Reconstituting tribunal—single member 44. Reconstituting tribunal—panel 45. Reconstituting tribunal—designated NNTT member not a Division 2--Proceedings 46. Application of div 2 47. Representation before tribunal 48. Hearings open to public 49. Conduct of proceeding 50. Costs Division 3--Jurisdiction 51. General provisions about jurisdiction Division 4--Other supporting provisions 54. Tribunal a court of record 55. Form of decisions of tribunal 56. Supreme Court or District Court may transfer certain 57. Attendance of witnesses 58. Witnesses appearing at tribunal hearing 59. Protection 60. Obstructing tribunal 61. Allowances for witnesses 62. Contempt of tribunal 63. Punishment of contempt 64. Conduct that is contempt and offence 65. Powers of tribunal 66. Enforcement of orders etc. 67. Appeal only on question of law 68. Appeal not a stay of decision 69. Question of law referred from presiding member (alternative), mining referee or Land Court non-presiding member 70. Question of law referred from panel or presiding member 70A. Tribunal constituted by presiding member (alternative) Division 5--Mediation 71. Application of div 5 72. Mediated resolution agreement 73. Mediators to maintain secrecy 74. Ordinary protection and immunity allowed 75. Admissions made to mediators 76. Mediator precluded from tribunal hearing matter Division 6--Other provisions 77. Finance and staffing of tribunal 79. Delegation of powers by president Part 5--Miscellaneous 81. Regulation-making power 82. Rule-making power 82A. Expiry of Act Part 6--Transitional provisions for Land Court and Other Legislation Amendment Act 2007 87. Use of acting appointment provisions having regard to limited jurisdiction of tribunal 88. Annual report 89. Arrangements for president 90. Arrangements for deputy president 91. Arrangements for mining referee 92. Effect of repeal of ss 10-12 SCHEDULE 1 REQUIREMENTS FOR CONSTITUTING TRIBUNAL SCHEDULE 4 DICTIONARY Endnotes - LONG TITLE An Act to establish the Land and Resources Tribunal, and for other purposes 1 Short title This Act may be cited as the Land and Resources Tribunal Act 1999. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Dictionary The dictionary in schedule 4 defines particular words used in this Act. 4 Land and Resources Tribunal The Land and Resources Tribunal is established. 5 Tribunal not subject to direction In exercising its jurisdiction conferred under this or another Act, the tribunal is not subject to the direction of the Minister. 6 Membership of tribunal The members of the tribunal are-- (a) the presiding members of the tribunal; and (b) the non-presiding members of the tribunal. 7 Presiding members (1) The presiding members of the tribunal are-- (a) the president; and (b) 1 or more deputy presidents. (2) Presiding members are to be appointed by the Governor in Council. (3) A presiding member's appointment continues until the presiding member retires or resigns under section 9 or the presiding member's appointment is terminated under section 13. 8 Eligibility for appointment as presiding member (1) A person is eligible for appointment as a presiding member only if the person-- (a) is eligible for appointment as a Supreme Court judge; and (b) has, in the opinion of the Governor in Council, particular knowledge or experience of indigenous issues and of 1 or more of the following-- (i) mining or petroleum issues; (ii) land issues; (iii) something else considered by the Governor in Council to have substantial relevance to the duties of a presiding member. (2) In making an appointment of a presiding member, the Governor in Council must, to the extent it is practicable, make sure the eligibility for appointment of at least 1 of the presiding members holding appointment at any time includes eligibility under subsection (1)(b)(i). (3) The appointment of a person as a presiding member is not invalid merely because of a failure of the Governor in Council to comply with subsection (2) in making the appointment. 9 Retirement or resignation of presiding members (1) A presiding member must retire when the presiding member would be required to retire if the presiding member were a Supreme Court judge. (2) Despite subsection (1), a person who, before reaching 70 years, is a presiding member included in a panel constituting the tribunal for a proceeding, remains a presiding member to finish the proceeding. (3) However, the president may give a direction further limiting the extent to which the person remains a presiding member. (4) A person who is a presiding member may resign the person's office of president or deputy president by signed notice of resignation given to the Minister. 13 Termination of appointment of presiding member (1) The appointment of the president may be terminated for the same reason, and in the same way, the appointment of a Supreme Court judge may be terminated. (2) The appointment of a deputy president may be terminated for the same reason, and in the same way, the appointment of a District Court judge may be terminated. 14 Acting presiding member (1) The Governor in Council may appoint a person to act as a presiding member, for the period stated in the instrument of appointment, if-- (a) a person appointed as a presiding member is not available to carry out the person's duties as a presiding member; or (b) there is a vacancy in the position of a presiding member. (2) The period stated in the instrument of appointment must not be longer than 6 months, but the appointment may be renewed at any time. (3) A person is eligible for appointment to act as a presiding member only if the person is eligible for appointment as a presiding member. 14A Land Court member filling vacancy of presiding member (1) This section applies if a person who is a member of the Land Court is appointed to act as a presiding member for a period. (2) For the period, the person is not a Land Court non-presiding member under section 15(2). (3) However-- (a) the person's appointment as a member of the Land Court is otherwise unaffected; and (b) in particular, the person may continue to perform duties as a member of the Land Court as well as performing duties as an acting presiding member. (4) The person is not entitled to any salary or allowances in addition to the person's salary and allowances as a member of the Land Court unless the instrument of appointment under section 14 otherwise provides. Note-- See also sections 87 and 92(2). 15 Non-presiding members (1) A person is a non-presiding member of the tribunal if the person is-- (a) a Land Court non-presiding member; or (b) a Land Tribunal non-presiding member; or (c) an appointed non-presiding member; or (d) a referee non-presiding member. (2) A person is a Land Court non-presiding member if the person is a member of the Land Court. (3) A person is a Land Tribunal non-presiding member if the person is a member of a Land Tribunal. (4) A person is an appointed non-presiding member if the person is appointed as an appointed non-presiding member. (5) A person is a referee non-presiding member if the person is appointed as a referee non-presiding member. 16 Appointment of non-presiding members (1) An appointed non-presiding member is to be appointed by the Governor in Council. (2) A referee non-presiding member is to be appointed as follows-- (a) by the Governor in Council; (b) on the basis of full-time employment; (c) as a mining referee, a mediation referee or an indigenous issues referee. 17 Eligibility for appointment as appointed non-presiding member (1) A person is eligible for appointment as an appointed non-presiding member only if the person-- (a) has experience, for not less than 5 years, at a high level in industry, commerce, public administration, industrial relations, the practice of a profession or the service of a government or an authority of a government; or (b) has, in the opinion of the Governor in Council, particular knowledge or experience of 2 or more of the following-- (i) Aboriginal or Torres Strait Islander communities; (ii) dispute resolution; (iii) valuation; (iv) mining or petroleum issues; (v) land use issues; (vi) indigenous issues; (vii) cultural heritage; (viii) the environment; (ix) industrial relations; (x) native title issues; (xi) something else considered by the Governor in Council to have substantial relevance to the duties of an appointed non-presiding member. (2) A person is not ineligible for appointment as an appointed non-presiding member merely because the person holds an office under another Act. 18 Eligibility for appointment as referee non-presiding member (1) A person is eligible for appointment as a mining referee only if the person-- (a) is eligible for appointment as a Supreme Court judge; and (b) has, in the opinion of the Governor in Council, mining industry knowledge and experience, and 1 of the following-- (i) land title and land use issues; (ii) something else considered by the Governor in Council to have substantial relevance to the duties of a mining referee. (2) A person is eligible for appointment as a mediation referee only if the person-- (a) is eligible for appointment as a Supreme Court judge; and (b) has, in the opinion of the Governor in Council, a high level of knowledge or experience of 2 or more of the following-- (i) dispute resolution; (ii) mediation; (iii) land title and land use issues; (iv) something else considered by the Governor in Council to have substantial relevance to the duties of a mediation referee. (3) A person is eligible for appointment as an indigenous issues referee only if-- (a) the person-- (i) has experience, for not less than 5 years, in industry, commerce, public administration, the practice of a profession or the service of a government or an authority of a government; or (ii) has researched, and published in journals of high academic quality, in the field of anthropology, history, law, public administration or indigenous issues; and (b) the person has, in the opinion of the Governor in Council, a high level of knowledge or experience of 2 or more of the following-- (i) cross-cultural issues; (ii) resolving cultural heritage issues; (iii) indigenous issues; (iv) something else considered by the Governor in Council to have substantial relevance to the duties of an indigenous issues referee. 19 Acting non-presiding member (1) The Governor in Council may appoint a person to act as an appointed non- presiding member, for the period stated in the instrument of appointment, if-- (a) a person appointed as an appointed non-presiding member is not available to carry out the person's duties as a non-presiding member; or (b) the Governor in Council considers it necessary or appropriate in the interests of the tribunal. (2) The Governor in Council may appoint a person to act as a referee non- presiding member, for the period stated in the instrument of appointment, if-- (a) a person appointed as a referee non-presiding member is not available to carry out the person's duties as a referee non-presiding member; or (b) the Governor in Council considers it necessary or appropriate in the interests of the tribunal. (3) The period stated in the instrument of appointment under subsection (1) or (2) must not be longer than 1 year, but the appointment may be renewed at any time. (4) A person is eligible for appointment to act as a non-presiding member under this section only if the person is eligible to be appointed as the non- presiding member. (5) A non-presiding member may carry out duties of his or her office even though the member has been appointed to act as another non-presiding member. 19A Land Court officer filling vacancy of referee non-presiding member (1) This section applies if a referee non-presiding member is required for the purposes of a proceeding in the tribunal and there is no person holding office as a referee non-presiding member of the type required for the proceeding. (2) To remove any doubt, it is declared that-- (a) the Governor in Council may act under section 19 to appoint a person to act as a referee non-presiding member only for the proceeding; and (b) the person appointed may be-- (i) a judicial registrar of the Land Court, appointed and employed under the Land Court Act 2000, section 28, who is eligible for appointment; or (ii) the registrar, a deputy registrar or another officer of the Land Court, appointed under the Land Court Act 2000, section 48(2) and (3), who is eligible for appointment. (3) Subsection (2)(b) does not limit subsection (2)(a). (4) If the person appointed is a judicial registrar or officer mentioned in subsection (2)(b), the person is not entitled to any salary or allowances in addition to the person's salary and allowances as a judicial registrar or officer of the Land Court unless the instrument of appointment otherwise provides. Note-- See also section 87. 20 Termination of office of Land Court and Land Tribunal non-presiding members (1) A person who is a Land Court non-presiding member stops holding that office if the person stops holding office as a member of the Land Court. (2) A person who is a Land Tribunal non-presiding member stops holding that office if the person stops holding office as a member of a Land Tribunal. (3) Despite subsections (1) and (2), a non-presiding member who stops holding office as a member of the Land Court or a Land Tribunal, and who is included in a panel constituting the tribunal for a proceeding, remains a non-presiding member to finish the proceeding. (4) However, the president may give a direction further limiting the extent to which the person remains a non-presiding member under subsection (3). 21 Termination of appointment of non-presiding member The Governor in Council may terminate the appointment of an appointed or referee non-presiding member if the member-- (a) becomes incapable of performing the duties of a member because of physical or mental incapacity; or (b) is convicted of an indictable offence; or (c) commits misconduct of a kind that could justify dismissal from the public service if the member were a public service officer; or (d) for a non-presiding member who is appointed on the basis of full- time employment--is absent, without the president's leave and without reasonable excuse, for 14 consecutive days or 28 days in a year. 22 Term of appointment of appointed or referee non-presiding member (1) Each appointed non-presiding member or referee non-presiding member is appointed for the term stated in the instrument of appointment of the non- presiding member. (2) The term stated in the instrument of appointment must not be more than 5 years. (3) Despite subsection (1), a non-presiding member who, before the person's appointment as a non-presiding member ends, constitutes the tribunal for a proceeding, or is included in a panel constituting the tribunal for a proceeding, remains a non-presiding member to finish the proceeding. (4) However, the president may give a direction further limiting the extent to which the person remains a non-presiding member. 23 Resignation of certain non-presiding members An appointed or referee non-presiding member may resign by giving a signed notice of resignation to the Minister. 24 Conditions of appointment of non-presiding member (1) The remuneration and allowances payable to each non-presiding member are the remuneration and allowances decided by the Governor in Council. (2) However, the remuneration and allowances of a non-presiding member appointed on basis of full-time employment must not be reduced. (3) Each appointed non-presiding member or referee non-presiding member holds office as a non-presiding member on the conditions not provided for by this Act decided by the Governor in Council. (4) Non-presiding members are to be appointed under this Act, and not under the Public Service Act. (5) The office of a non-presiding member is not subject to any industrial award, industrial agreement or other industrial instrument or any decision or rule of an industrial tribunal. 25 Leave of absence (1) The Minister may give leave of absence, other than leave of absence provided for in the Judges Pensions Act, to the president on the terms the Minister considers appropriate. (2) The president may give leave of absence, other than leave of absence provided for in the Judges Pensions Act, to a deputy president on the terms the president considers appropriate. (3) The president may give leave of absence to a non-presiding member appointed on the basis of full-time employment on the terms the president considers appropriate. 26 Limitation on ownership of mining tenements (1) A member must not hold, or be entitled, directly or indirectly, to the benefits of an interest in, a mining tenement. (2) For subsection (1), a member is taken not to hold an interest in a mining tenement (other than a prospecting permit) if the member holds, or becomes entitled, directly or indirectly, to the benefits of, an interest in a mining tenement only because the member-- (a) is a beneficiary in a deceased estate; or (b) is entitled to share in the profits of a public company. (3) However, a member who has or acquires an entitlement or expectation of entitlement in a way mentioned in subsection (2)(a) must, on becoming aware of the entitlement or expectation, give written notice about the entitlement or expectation to-- (a) if the member is the president--the registrar; or (b) if the member is not the president--the president. 27 Disclosure of interests (1) If a member becomes aware that the member has a conflict of interest about a proceeding before the tribunal, the member must disclose the issues giving rise to the conflict-- (a) for a member who is the president--to the parties to the proceeding; or (b) for a member who is not the president--to the president and the parties to the proceeding. (2) The member may take part in the proceeding, or exercise a power for the proceeding, only if-- (a) for a member who is the president--the parties agree; or (b) for a member who is not the president--the president and the parties agree. (3) A member has a conflict of interest about a proceeding if the member has an interest, financial or otherwise, that could conflict with the proper performance of the member's functions for the proceeding. 27A Membership of other decision-making entity (1) A person's appointment as a presiding member of the tribunal does not prevent the person's appointment to another decision-making entity. (2) However-- (a) the appointment to the other decision-making entity-- (i) must be on a part-time basis; and (ii) must not represent a conflict of interest with the person's appointment to the tribunal; and (b) the person must not receive any salary or allowances, other than expense reimbursement, for the performance of duties on the other decision-making entity. (3) In this section-- decision-making entity means a tribunal or other entity established under an Act of the Commonwealth or a State for adjudicative, investigative or similar purposes. 28 Appointment to NNTT Nothing in this Act stops a member holding office as a member of the NNTT. 29 Registrar of tribunal (1) There is to be a registrar of the tribunal. (2) The registrar is a member of the staff of the tribunal. (3) The registrar is to be responsible for managing the administrative affairs of the tribunal. (4) The registrar may exercise the powers given to the registrar under this or another Act. 30 Keeping and disclosure of records and information (1) The registrar may keep the records and information the registrar considers appropriate, and may make the records and information available to the public. (2) Without limiting subsection (1), the registrar must keep the records of and information about proceedings before the tribunal, and must make the records and information available to the public. (3) Despite subsections (1) and (2), the registrar must not make a record or information available to the public if the tribunal orders that the record or information must not be made available to the public. 31 Engagement of consultants (1) The registrar may engage persons having suitable qualifications and experience as consultants to perform services for the tribunal. (2) Without limiting subsection (1), the services a consultant may be engaged to perform include conducting research for the tribunal. (3) An engagement under subsection (1) must be made for the State under a written agreement. 32 Delegation by registrar (1) The registrar may delegate the registrar's powers under this Act or another Act to an appropriately qualified member of the staff of the tribunal. (2) In this section-- appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power. Example of standing-- a person's seniority level within the staff of the tribunal 33 Deputy registrars of tribunal (1) There may be deputy registrars of the tribunal. (2) A deputy registrar is either-- (a) a member of the staff of the tribunal (a deputy registrar (tribunal)); or (b) appointed under this Act to hold the office of a deputy registrar in addition to another office or position the person already holds other than under this Act (a deputy registrar (additional office)). (3) A deputy registrar (additional office) is to be appointed by the Governor in Council. (4) An appointment of a person as a deputy registrar (additional office) may take the form of-- (a) an appointment of a person by name; or (b) an appointment of the holder of a stated office, by reference to the title of the office concerned. (5) An appointment under subsection (4)(b) may include an appointment of a person for the time being lawfully acting in the place of the holder of the office. 34 Basis for appointment as deputy registrar (additional office) A person may be appointed as a deputy registrar (additional office) if, having regard to the nature of the other office or position the person already holds, it would be convenient or appropriate for the administration of this or another Act for the person also to be a deputy registrar. 35 Conditions of appointment of deputy registrar (additional office) (1) The remuneration and allowances payable to a deputy registrar (additional office) are the remuneration and allowances decided by the Governor in Council. (2) A deputy registrar (additional office) holds the office of a deputy registrar on the conditions decided by the Governor in Council. (3) Nothing in this Act requires the payment of remuneration or allowances under this Act to a deputy registrar (additional office). registrar In performing the functions of a deputy registrar, a deputy registrar (additional office) is subject to the direction of the registrar. 37 Sittings of tribunal The tribunal sits at the times and the places in Queensland the president directs. 39 General requirements for constituting tribunal for proceeding (1) For a proceeding before the tribunal, the tribunal is to be constituted, under the direction of the president, by a single member, or a panel, as provided under this part. (2) A panel constituting the tribunal is to be formed by-- (a) 1 or more presiding members and 2 or more non-presiding members (a standard panel); or (aa) 2 or more presiding members (also a standard panel); or (ab) 1 or more presiding members and a referee non-presiding member who has been appointed as a mining referee (also a standard panel); or (b) the following (an NNTT panel)-- (i) 1 or more presiding members, 1 of whom is also an NNTT member; and (ii) 2 or more non-presiding members; or (c) the following (also an NNTT panel)-- (i) 1 or more presiding members; and (ii) 2 or more non-presiding members, 1 of whom is also an NNTT member; or (d) the following (also an NNTT panel)-- (i) a standard panel; and (ii) an NNTT member who is not also a member of the tribunal. (3) A single member constituting the tribunal is to be-- (a) a presiding member, or a presiding member assisted by a single non-presiding member; or (b) a Land Court non-presiding member. (5) In this section-- non-presiding member does not include a Land Court non-presiding member. 40 Specific requirements for constituting tribunal for proceeding (1) The president must make sure that, for a proceeding, the tribunal is constituted as may be required under-- (a) an Act, including this Act, under which the tribunal is given jurisdiction for the proceeding; and (b) schedule 1. (2) When giving a direction about the constitution of the tribunal for a proceeding, the president must state the name or names of the member or members constituting the tribunal. (3) If the tribunal is constituted by a panel that includes 2 or more presiding members including the president, the president is the senior presiding member for the proceeding. (4) If the tribunal is constituted by a panel that includes 2 or more presiding members but does not include the president, the president must designate 1 of the presiding members as the senior presiding member for the proceeding. (5) If the tribunal is constituted by an NNTT panel, the president must designate the person who is the NNTT member for the proceeding. 41 Way in which questions are to be decided (1) This section applies to a proceeding before the tribunal if, for the proceeding, the tribunal is constituted by a panel. (2) The decision on every question before the tribunal is to be made only by the presiding member or presiding members included in the panel, and not by the non-presiding member or non-presiding members included in the panel. (3) If there are 2 or more presiding members included in the panel, the decision of the panel on a question is to be-- (a) the opinion of the majority of the presiding members; or (b) if the presiding members are equally divided in opinion, the opinion of the senior presiding member for the proceeding. (4) The role of a non-presiding member included in the panel is as follows-- (a) to advise the presiding member or presiding members about matters within his or her knowledge or experience that are relevant to a question; (b) to help the presiding member or presiding members in the conduct of the proceeding in a way the presiding member or presiding members consider appropriate. (5) Subsections (2) to (4) have effect subject to any requirement in section 42 for the presiding member or presiding members included in an NNTT panel to allow the NNTT member to participate in the making of a decision. 42 Specific requirements for native title objection proceedings (1) This section applies if-- (a) for a proceeding, the tribunal is constituted by an NNTT panel; and (b) the NNTT member for the proceeding is not a presiding member. (2) The presiding member or presiding members included in the panel constituted for the proceeding must allow the NNTT member to participate in the making of a relevant decision. (3) In this section-- native title issues objection means an objection that requires a panel to be an NNTT panel rather than a standard panel. relevant decision means a decision about a native title issues objection. 43 Reconstituting tribunal--single member (1) This section applies if, for a proceeding, the tribunal is constituted by a single member who-- (a) stops being a member; or (b) for any reason is not available for the proceeding. (2) If the single member is a Land Court non-presiding member, the president may direct another Land Court non-presiding member to constitute the tribunal to continue and finish the proceeding. (4) The tribunal as constituted under a direction under subsection (2) may, for continuing and finishing the proceeding, have regard to any record of the proceeding made by the tribunal as previously constituted. 44 Reconstituting tribunal--panel (1) This section applies if, for a proceeding, the tribunal is constituted by a panel (the old panel), and a member included in the old panel-- (a) stops being a member; or (b) for any reason is not available for the proceeding. (2) The president may direct that, to continue and finish the proceeding-- (a) the tribunal be constituted by a new panel formed by the remaining members of the old panel; or (b) the tribunal be constituted by a new panel formed by the remaining members of the old panel, together with another member or other members. (3) Also, if the member mentioned in subsection (1) is the NNTT member for the proceeding, the president must-- (a) if there is at least 1 other member included in the panel formed for the proceeding who is also an NNTT member--designate the member or 1 of the NNTT members as the NNTT member for the proceeding; or (b) if there is no member included in the panel who is also an NNTT member--appoint a person who is an NNTT member to form part of the panel constituting the tribunal for the proceeding, and designate the person as the NNTT member for the proceeding. (4) The tribunal as constituted under subsection (2) must continue and finish the proceeding and may, for continuing and finishing the proceeding, have regard to any record of the proceeding made by the tribunal as constituted by the old panel. (5) Subsection (4) applies whether or not there has also been a designation under subsection (3). (6) In giving a direction under this section about how the tribunal must be constituted, the president must have regard to the need for the tribunal's affairs to be conducted promptly and efficiently. tribunal member (1) This section applies if, for a proceeding, the tribunal is constituted by a panel (the old panel) and a person, who is not a member of the tribunal-- (a) is included in the panel as the designated NNTT member for the proceeding; and (b) becomes unavailable for the proceeding. (2) The president must-- (a) appoint a person who is an NNTT member to form part of the panel constituting the tribunal for the proceeding; and (b) designate the person as the NNTT member for the proceeding. (3) The person appointed by the president under subsection (2) may be a member of the old panel if the member is also an NNTT member. (4) The tribunal as constituted under subsection (2) must continue and finish the proceeding and may, for continuing and finishing the proceeding, have regard to any record of the proceeding made by the tribunal as previously constituted. (5) In appointing and designating a person under subsection (2), the president must have regard to the need for the tribunal's affairs to be conducted promptly and efficiently. 46 Application of div 2 This division has effect subject to the provisions of any Act under which the tribunal is given jurisdiction for a proceeding. 47 Representation before tribunal A party to a proceeding before the tribunal may appear in person or be represented by a lawyer or someone else. 48 Hearings open to public (1) A tribunal hearing is to be open to the public. (2) Subsection (1) has effect subject to an order of the tribunal limiting the extent to which the hearing is open to the public. (3) An order under subsection (2) may be made only if the tribunal is satisfied it is necessary to make the order-- (a) in the interests of justice; or (b) to allow culturally sensitive issues to be appropriately dealt with. 49 Conduct of proceeding (1) When conducting a proceeding, the tribunal must-- (a) observe natural justice; and (b) act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues before it. (2) For the proceeding, the tribunal-- (a) is not bound by the rules of evidence; and (b) may inform itself of anything in the way it considers appropriate; and (c) may decide the procedures to be followed for the proceeding. (3) However, the tribunal must comply with this division and the rules. (4) Directions about the way a proceeding is to be conducted may be given at any time-- (a) if the president has not yet given a direction about how the tribunal is to be constituted for the proceeding--by the tribunal as constituted by the president sitting alone, whether or not with a non-presiding member assisting; or (b) if the tribunal has been constituted for the proceeding, and the tribunal is constituted by a panel--by a presiding member included in the panel; or (c) if the tribunal has been constituted for the proceeding, and the tribunal is not constituted by a panel--by the tribunal as constituted. 50 Costs (1) Each party to a proceeding before the tribunal must bear the party's own costs for the proceeding. (2) However, the tribunal may award costs in a proceeding if the tribunal considers, in the special circumstances of the proceeding, an award of costs is appropriate. Examples of possible special circumstances-- 1 The proceeding was started merely to delay or obstruct. 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 of the costs is to be the amount the tribunal considers reasonable. 51 General provisions about jurisdiction (1) The tribunal has the jurisdiction conferred on it under this and other Acts. (2) The jurisdiction of the tribunal can not be ousted merely because a proceeding before it is about claims or interests of an equitable nature or involves making a decision about title to land. 54 Tribunal a court of record (1) The tribunal is a court of record. (2) The tribunal must have a seal. (3) The seal must be kept under the direction of the registrar. (4) The seal must be judicially noticed. 55 Form of decisions of tribunal A decision or order of the tribunal made at a tribunal hearing-- (a) must be in writing; and (b) must state fully the facts found by the tribunal; and (c) must state the decision, and the reasons for the decision, on each relevant question of law raised at the tribunal hearing; and (d) must be published if the tribunal hearing is open to the public; and (e) may be given at a place other than where the tribunal hearing took place. proceedings to tribunal (1) This section applies to a proceeding if the proceeding-- (a) is pending in either the Supreme Court or the District Court; and (b) could have been brought before the tribunal. (2) The court, on its own initiative or on the application of a party to the proceeding, may order the transfer of the proceeding to the tribunal. (3) If the court orders a proceeding to be transferred to the tribunal, the registrar of the court must give the registrar of the tribunal-- (a) a copy of the order; and (b) all documents filed by the parties in the registry of the court for the proceeding. (4) A proceeding transferred to the tribunal must be dealt with as if the proceeding had been started in the tribunal. (5) The costs of the parties for a proceeding transferred to the tribunal are, to the extent the costs are incurred before the order is made, in the court's discretion. 57 Attendance of witnesses (1) This section applies if, under the rules, a person is notified to attend as a witness at a tribunal hearing. (2) The person must attend at the time and place notified. Maximum penalty--20 penalty units or 14 days imprisonment. (3) If the person does not attend at the time and place notified, the tribunal may-- (a) issue a warrant directed to all police officers to bring the person at the time, and to the place, stated in the warrant to give evidence at the hearing; and (b) adjourn the hearing to the time and place mentioned in paragraph (a) on terms as to costs the tribunal considers appropriate. (4) A warrant issued under subsection (3) is sufficient authority for a police officer to execute it according to its terms. (5) Despite subsection (2), the tribunal may at any time excuse a person for failing to attend at the time and place notified. 58 Witnesses appearing at tribunal hearing A person appearing as a witness at a tribunal hearing must not, without reasonable excuse-- (a) refuse to be sworn or to make an affirmation; or (b) refuse to answer a question the tribunal requires the person to answer; or (c) fail to produce a document, if the person was notified under the rules to produce the document at the tribunal hearing. Maximum penalty--20 penalty units. 59 Protection (1) A member has, in the performance of the member's duties as a member, including in the performance or exercise of an administrative function or power conferred on the member under an Act, the same protection and immunity as a judge of the Supreme Court acting as a judge. (2) A person representing a party before the tribunal has the same protection and immunity as a lawyer has in appearing for a party in a proceeding in the Supreme Court. (3) A person notified to attend the tribunal, or appearing at a tribunal hearing as a witness, has the same protection as a witness in a proceeding in the Supreme Court. 60 Obstructing tribunal (1) A person must not obstruct or improperly influence the conduct of a tribunal hearing, or try to do so. Maximum penalty--40 penalty units. (2) A person must not contravene an order of the tribunal limiting the extent to which a tribunal hearing is open to the public. Maximum penalty--40 penalty units. 61 Allowances for witnesses A witness notified to appear at a tribunal hearing has the right to be paid the allowances and expenses-- (a) prescribed under a regulation; or (b) if no allowances and expenses are prescribed--decided by the tribunal. 62 Contempt of tribunal (1) A person is in contempt of the tribunal if the person-- (a) insults a tribunal member or a member of the tribunal staff at a tribunal hearing, or in going to or returning from the tribunal hearing; or (b) deliberately interrupts a tribunal hearing, or otherwise misbehaves at a tribunal hearing; or (c) at a tribunal hearing, contravenes a provision of this Act about the hearing; or (d) creates or continues, or joins in creating or continuing, a disturbance in or near a place where a tribunal hearing is being conducted; or (e) obstructs or assaults a person attending a tribunal hearing; or (f) without lawful excuse, disobeys a lawful order or direction of the tribunal made or given at a tribunal hearing; or (g) does anything at a tribunal hearing or otherwise that would be contempt of court if the tribunal were a judge acting judicially. (2) The tribunal may order that a person who under subsection (1) is in contempt of the tribunal at a tribunal hearing be excluded from the place where the hearing is being conducted. (3) A member of the tribunal staff, acting under the tribunal's order, may, using necessary and reasonable help and force, exclude the person from the place. (4) In this section-- member of the tribunal staff includes a deputy registrar (additional office). tribunal member includes an NNTT member for a proceeding. 63 Punishment of contempt (1) Without limiting the tribunal's power to punish for contempt, a person's contempt of the tribunal may be punished under this section. (2) The president may certify the contempt in writing to the Supreme Court (the court). (3) For subsection (2), it is enough for the president to be satisfied there is evidence of contempt. (4) The president may issue a warrant directed to a police officer or all police officers for the arrest of the person to be brought before the Supreme Court to be dealt with according to law. (5) The Bail Act 1980 applies to the proceeding for the contempt started by the certification in the same way it applies to a charge of an offence. (6) The court must inquire into the alleged contempt. (7) The court must hear-- (a) witnesses and evidence that may be produced against or for the person whose contempt was certified; and (b) any statement given by the person in defence. (8) If the court is satisfied the person has committed the contempt, the court may punish the person as if the person had committed the contempt in relation to proceedings in the court. (9) The Rules of the Supreme Court apply to the court's investigation, hearing and power to punish with necessary changes. (10) The president's certificate of contempt is evidence of the matters contained in the certificate. 64 Conduct that is contempt and offence (1) If conduct of an offender is both contempt of the tribunal and an offence, the offender may be proceeded against for the contempt or for the offence, but the offender is not liable to be punished twice for the same conduct. (2) In this section-- offender means a person guilty, or alleged to be guilty, of contempt of the tribunal. 65 Powers of tribunal (1) The tribunal has, for exercising jurisdiction conferred under this or another Act, all the powers of the Supreme Court, and may in a proceeding before the tribunal, in the same way and to the same extent as may be done by the Supreme Court in a similar proceeding-- (a) grant any relief or remedy; and (b) make any order, including an order for attachment or committal because of disobedience to an order; and (c) give effect to every ground of defence or matter of set-off, whether equitable or legal. (2) Without limiting subsection (1), the tribunal has, in a proceeding before it, power to grant relief-- (a) under a declaration of rights of the parties; or (b) under an injunction, whether interim, interlocutory or final, in the proceeding; or (c) by staying the proceeding or a part of the proceeding; or (d) by appointing a receiver including an interim receiver. (3) The tribunal may order that a record of or information about a proceeding before the tribunal must not be made available to the public. (4) Without limiting the things the tribunal may have regard to in deciding whether to make an order under subsection (3), the tribunal may have regard to Aboriginal tradition and Island custom. (5) To the extent that the practice and procedure of the tribunal in exercising its jurisdiction in particular matters, including enforcing its judgments and orders, are not provided for in the rules, they must as far as practicable be the same as the practice and procedure of the Supreme Court in similar matters. (6) Without limiting subsection (5), the appropriate officer of the tribunal must, in addition to duties otherwise imposed on the officer, discharge-- (a) any duty an officer of the Supreme Court would be required under the practice of the Supreme Court to discharge in similar circumstances; and (b) any duty imposed on the officer by an order of the tribunal. (7) For subsection (6), the appropriate officer of the tribunal has the powers of the relevant officer of the Supreme Court. (8) Subsections (1) and (5) have effect subject to-- (a) another provision of this Act; and (b) a provision of another Act under which jurisdiction is conferred on the tribunal. 66 Enforcement of orders etc. Each warrant, order or other process of the tribunal may be directed to, and may be served or executed or put into effect by-- (a) the registrar; or (b) the staff of the tribunal acting under the direction of the registrar. 67 Appeal only on question of law (1) A party to a proceeding before the tribunal may appeal against a decision of the tribunal, but only on a question of law. (2) The appeal is to-- (a) if the tribunal is constituted by a presiding member (alternative), mining referee or Land Court non-presiding member--the tribunal as constituted by the president sitting alone (the appellate body), but only with the president's leave; or (b) if the tribunal is not constituted by a presiding member (alternative), mining referee or Land Court non-presiding member--the Court of Appeal (also the appellate body). (3) On the appeal, the appellate body may-- (a) dismiss the appeal; or (b) allow the appeal and-- (i) set aside the decision appealed against and substitute the decision it considers should have been made; or (ii) amend, as it considers appropriate, the decision appealed against; or (iii) suspend the operation of the decision appealed against and remit the proceeding, with or without directions, to the tribunal to act according to law. (4) The appeal must be started within 28 days after the decision being appealed against is given. (5) An appeal to the Court of Appeal is to be made under the rules of practice and procedure governing that court. (6) However, if the rules do not provide for the appeal, the rules of practice and procedure governing appeals from the Supreme Court to the Court of Appeal apply to the appeal with necessary changes. 68 Appeal not a stay of decision (1) An appeal from a decision of the tribunal does not stay the decision. (2) However, the decision is stayed if the stay is ordered by-- (a) the tribunal as constituted when making the decision; or (b) the appellate body. (3) The tribunal as constituted when making the decision or the appellate body may, as well as making the order staying the decision, make an order for securing the effectiveness of the appeal, including, for example, the following-- (a) an order in the nature of an injunction; (b) an order for the payment of money to the tribunal to wait for the outcome of the appeal; (c) another order the tribunal or appellate body considers to be appropriate in the circumstances. 69 Question of law referred from presiding member (alternative), mining referee or Land Court non-presiding member (1) This section applies if, for a proceeding, the tribunal is constituted by a presiding member (alternative), mining referee or Land Court non-presiding member. (2) The tribunal may, on its own initiative or if asked by a party, refer a question of law arising in the proceeding to the tribunal as constituted by the president sitting alone for an opinion. (3) The tribunal, as constituted by the president sitting alone, may in turn, on its own initiative or if asked by a party, refer the question of law to the Court of Appeal for an opinion. (4) If the question of law is referred under subsection (2) or subsections (2) and (3), the tribunal, as constituted in the way mentioned in subsection (1), must not, in the proceeding-- (a) give a decision to which the question is relevant while the reference is pending; or (b) proceed in a way, or make a decision, inconsistent with the opinion given on the question. 70 Question of law referred from panel or presiding member (1) This section applies if, for a proceeding, the tribunal is constituted other than by a presiding member (alternative), mining referee or Land Court non-presiding member. (2) The tribunal may, on its own initiative or if asked by a party, refer a question of law arising in the proceeding to the Court of Appeal for an opinion. (3) If the question of law is referred under subsection (2), the tribunal must not, in the proceeding-- (a) give a decision to which the question is relevant while the reference is pending; or (b) proceed in a way, or make a decision, inconsistent with the opinion given on the question. 70A Tribunal constituted by presiding member (alternative) (1) For a relevant provision, the tribunal is constituted by a presiding member (alternative) if-- (a) the tribunal is constituted by a presiding member other than the president; and (b) in giving directions for constituting the tribunal, the president was required, under schedule 1, to choose-- (i) either a presiding member or a mining referee; or (ii) a presiding member, a mining referee or a Land Court non-presiding member. (2) In this section-- relevant provision means-- (a) section 67(2); or (b) section 69(1); or (c) section 70(1). 71 Application of div 5 This division applies to persons (mediation participants)-- (a) for whom the tribunal conducts or provides mediation in relation to a matter; or (b) for whom mediation is provided in relation to a matter by a mediator chosen by the tribunal. 72 Mediated resolution agreement (1) If, at the mediation, the mediation participants negotiate an agreement about the matter or part of the matter, the agreement must be written down and signed by or for each mediation participant and by the mediator. (2) The agreement has the same effect as any other compromise. 73 Mediators to maintain secrecy (1) The mediator must not, without reasonable excuse, disclose information about the matter coming to the mediator's knowledge during the mediation. Maximum penalty--40 penalty units. (2) It is a reasonable excuse to disclose information if the disclosure is made-- (a) with the agreement of all the mediation participants; or (b) for this Act; or (c) for statistical purposes without revealing, or being likely to reveal, the identity of a person about whom the information relates; or (d) for an inquiry or proceeding about an offence happening during the mediation; or (e) for a proceeding founded on fraud alleged to be connected with, or to have happened during, the mediation; or (f) under a requirement imposed under an Act. 74 Ordinary protection and immunity allowed (1) In performing the functions of mediator, the mediator has the same protection and immunity as a judge performing the functions of a judge. (2) A mediation participant in a mediation has the same protection and immunity the participant would have if the mediation were a dispute being heard before the Supreme Court. (3) A document produced at, or used for, a mediation has the same protection during the mediation it would have if produced before the Supreme Court. (4) In subsection (2)-- mediation participant includes a participant's lawyer or agent. 75 Admissions made to mediators (1) Evidence of anything done or said, or an admission made, at a mediation about the matter is admissible in a proceeding before the tribunal or elsewhere only if all mediation participants agree. (2) In subsection (1)-- proceeding does not include a civil proceeding founded on fraud alleged to be connected with, or to have happened during, the mediation. 76 Mediator precluded from tribunal hearing matter If the matter is the subject of a proceeding before the tribunal, the tribunal, as constituted for the proceeding, must not include the mediator. 77 Finance and staffing of tribunal (1) The tribunal is part of the department for the purposes of the Financial Accountability Act 2009. (2) The staff of the tribunal, including the registrar and any deputy registrar (tribunal), are to be appointed and employed under the Public Service Act. 79 Delegation of powers by president The president may delegate the president's administrative powers under this or another Act, including the power to give a direction about how the tribunal is to be constituted for a proceeding, to another presiding member. 81 Regulation-making power The Governor in Council may make regulations under this Act. 82 Rule-making power The Governor in Council may make rules for the practice and procedure of the tribunal. 82A Expiry of Act This Act expires on 31 December 2011. 87 Use of acting appointment provisions having regard to limited jurisdiction of tribunal (1) Generally, the purpose of the Land Court and Other Legislation Amendment Act 2007 is to transfer the tribunal's jurisdiction to the Land Court. Note-- See the Land Court Act 2000, section 91 for arrangements for proceedings now falling within the jurisdiction of the Land Court that are part heard. (2) The tribunal's ongoing jurisdiction, until the expiry of this Act takes effect under section 82A, is limited to proceedings about applications under the Mineral Resources Act 1989-- (a) lodged under that Act on or before 31 March 2003 and to which the native title (mining) provisions apply; and (b) whether or not, for any application, a proceeding about the application was started before the tribunal before the commencement of this section. (3) The Governor in Council-- (a) is not obliged-- (i) to act under section 7 to appoint 1 or more presiding members of the tribunal; or (ii) to act under section 16 to appoint 1 or more non- presiding members; and (b) for the purposes of the tribunal's ongoing jurisdiction, may act as may be convenient-- (i) under section 14, to appoint persons to act as presiding members; and (ii) under section 19, to appoint persons to act as appointed non-presiding members. (4) Also, the Acts Interpretation Act 1954, section 24B(5) does not apply to an appointment mentioned in subsection (3). (5) A person may be both-- (a) the registrar or another member of the staff of the tribunal, as mentioned in section 29; and (b) the registrar of the Land Court, or a deputy registrar or other officer of the Land Court, as mentioned in the Land Court Act 2000, section 48. (6) Subsections (3) and (4) are to remove any doubt. 88 Annual report (1) If, before the commencement of this section, the president had not given the Minister a report on the operations of the tribunal for the financial year ending 30 June 2007-- (a) the president of the Land Court must, within 4 months after the commencement of this section, prepare and give to the Minister the report; and (b) the Minister must cause a copy of the report to be tabled in the Legislative Assembly within 14 days after its receipt by the Minister. (2) If, before the commencement of this section, the president had given the Minister a report on the operations of the tribunal for the financial year ending 30 June 2007, but the Minister had not caused a copy of the report to be tabled in the Legislative Assembly, the Minister must cause a copy of the report to be tabled in the Legislative Assembly within 14 days after the commencement of this section. 89 Arrangements for president (1) This section applies to the person holding appointment under section 7 as president on the commencement of this section. (2) The Minister must make the following offer to the person-- (a) that if the person resigns from office, the Minister will recommend to the Governor in Council that the person be appointed as a District Court judge; (b) that if the person is appointed as a District Court judge, the person will receive the entitlements mentioned in the Land Court Act 2000, section 86. (3) If the person accepts the offer within 30 days, the Minister must recommend to the Governor in Council that the person be appointed as a District Court judge. 90 Arrangements for deputy president (1) This section applies to a person holding appointment under section 7 as deputy president on the commencement of this section. (2) The Minister must make the following offer to the person-- (a) that if the person resigns from office as deputy president, the Minister will recommend to the Governor in Council that the person be appointed as a member of the Land Court; (b) that if the person is appointed as a member of the Land Court, the person will receive the entitlements mentioned in the Land Court Act 2000, section 87. (3) If the person accepts the offer within 30 days, the Minister must recommend to the Governor in Council that the person be appointed as a member of the Land Court. 91 Arrangements for mining referee (1) This section applies to a person holding appointment under section 16(2) as a mining referee on the commencement of this section. (2) The Minister must make the following offer to the person-- (a) that if the person resigns from office as mining referee, the Minister will recommend to the Governor in Council that the person be appointed as a judicial registrar of the Land Court until 16 July 2008; (b) that if the person is appointed as a judicial registrar of the Land Court, the person will receive the entitlements mentioned in the Land Court Act 2000, section 88. (3) If the person accepts the offer within 30 days, the Minister must recommend to the Governor in Council that the person be appointed as a judicial registrar of the Land Court. 92 Effect of repeal of ss 10-12 (1) On the repeal of sections 10 to 12, a person still holding appointment under section 7 as president or deputy president-- (a) ceases to be entitled to any salary or allowance, or to any other employment or appointment related benefit, under the operation of the repealed sections; and (b) is not entitled to any salary or allowance, or to any other employment or appointment related benefit, to which the person might otherwise be entitled because of the continued holding of the appointment. Note-- See the Land Court Act 2000, sections 86 and 87 for the accrued rights of the president and deputy president. (2) For the purposes of the ongoing work of the tribunal-- (a) the person's office of president or deputy president is taken to have been vacated; and (b) an acting appointment to the office may be made as provided under section 87(3)(b)(i). - SCHEDULE 1 REQUIREMENTS FOR CONSTITUTING TRIBUNAL Sections conferring Nature of proceeding Constitution of tribunal jurisdiction Prospecting permits 38 to 42 appeal about a prospecting presiding member or mining permit referee Mining claims application about the area presiding member or mining 53(6)(b) the subject of a mining referee claim 70(1) application by attending presiding member or mining party for costs referee hearing about application for mining claim unless, presiding member or mining 77 under this schedule, the referee tribunal must be constituted by a panel presiding member, mining 85 hearing about compensation referee or Land Court non- presiding member 86 appeal about compensation panel 101 proceeding about a caveat presiding member or mining referee appeal about a decision about a mining claim 116 mentioned in the section presiding member or mining unless, under this schedule, referee the tribunal must be constituted by a panel 125 hearing about access presiding member or mining referee Exploration permits 145 recovery of compensation for panel damage or injury 156 proceeding about a caveat presiding member or mining referee 174(1) application to the tribunal presiding member or mining by attending party for costs referee Mineral development licences 191 recovery of compensation for panel damage or injury 194A proceeding about At Risk Land Court non-presiding agreement member 203 proceeding about a caveat presiding member or mining referee 222(1) application by attending presiding member or mining party for costs referee Mining leases appeal against rejection of application for grant of 250 mining lease unless, under this schedule, the tribunal must be constituted by a panel-- presiding member or mining referee panel 259(1) application to the tribunal presiding member or mining by attending party for costs referee hearing of application for grant of mining lease 268 unless, under this schedule, the tribunal must be constituted by a panel-- presiding member or mining referee panel tribunal to be constituted in remission of matter by the the same way as the tribunal 271(1) minister to tribunal for was constituted for deciding reconsideration its recommendation about the grant of the mining lease 278A proceeding about At Risk Land Court non-presiding agreement member presiding member, mining 281 hearing about compensation referee or Land Court non- presiding member 282 appeal about compensation panel application for order 299 declaring land to be presiding member or mining adjoining land for the referee section 305 proceeding about a caveat presiding member or mining referee 317 hearing about access presiding member or mining referee Substantive jurisdiction actions, suits and 363 proceedings of the kind presiding member mentioned in the section Interim order by remote means 364 interim order by remote presiding member means Mining leases under part 17, division 4 and other mining tenements to which part 17, division 4 is applied 669 native title issues decision panel Compensation Deciding mining tenement 318I holder's compensation presiding member liability to road authority 318K Review of original presiding member compensation 706 to 722 Decision about compensation panel Directions or requirements 406 Review of direction or presiding member requirement (1) This section applies if, for a proceeding before the tribunal, the tribunal will be required to make a decision concerning a mining tenement, including a proposed mining tenement, under the native title (mining) provisions. (2) For the proceeding, the tribunal is to be constituted by a panel. (3) However, the panel must be an NNTT panel if the proceeding includes the hearing of an objection of a native title notification party for land the subject of the proceeding. - SCHEDULE 4 DICTIONARY appellate body see section 67. appointed non-presiding member see section 15(4). Commonwealth Native Title Act means the Native Title Act 1993 (Cwlth). decision, of the tribunal, includes the following of the tribunal-- (a) determination; (b) judgment; (c) recommendation. deputy president means a deputy president of the tribunal. deputy registrar means a deputy registrar of the tribunal. deputy registrar (additional office) see section 33(2)(b). deputy registrar (tribunal) see section 33(2)(a). indigenous issues referee see section 16(2)(c). Judges Pensions Act means the Judges (Pensions and Long Leave) Act 1957. Land Court non-presiding member see section 15(2). Land Tribunal means-- (a) the Land Tribunal established under the Aboriginal Land Act 1991; or (b) the Land Tribunal established under the Torres Strait Islander Land Act 1991. Land Tribunal non-presiding member see section 15(3). mediation referee see section 16(2)(c). members, of the tribunal, see section 6. mining referee see section 16(2)(c). mining tenement means a prospecting permit, mining claim, exploration permit, mineral development licence or mining lease under the Mineral Resources Act 1989. native title (mining) provisions means the Mineral Resources Act 1989, parts 12 to 18 and part 19, divisions 2 and 5. native title notification party see the Mineral Resources Act 1989, section 422. NNTT means the National Native Title Tribunal established under the Commonwealth Native Title Act. NNTT member means-- (a) a member of the NNTT; and (b) for a proceeding, means a person designated under section 40(5) as the NNTT member for the proceeding. NNTT panel see section 39(2)(b), (c) and (d). non-native title (mining) provisions means the Mineral Resources Act 1989, other than parts 12 to 18 and part 19, division 2. non-presiding member see section 15(1). panel means panel of the tribunal. president means the president of the tribunal. presiding members, of the tribunal, see section 7. Public Service Act means the Public Service Act 1996. referee non-presiding member see section 15(5). registrar means the registrar of the tribunal. rules means the rules for the practices and procedures of the tribunal made by the Governor in Council under this Act. senior presiding member, for a proceeding, means the person who-- (a) under section 40(3), is the senior presiding member for the proceeding; or (b) under section 40(4), is designated as the senior presiding member for the proceeding. standard panel see section 39(2)(a). tribunal means the Land and Resources Tribunal established under this Act. tribunal hearing means the hearing for a proceeding before the tribunal. - NOTES Page Date to which amendments incorporated 54 Key 55 Table of reprints 55 List of legislation 56 List of annotations 58 List of forms notified or published in the gazette 61 Information about retrospectivity 61 This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2009. Future amendments of the Land and Resources Tribunal Act 1999 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2002 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered Reprint No. Amendments to Effective Reprint date 1 none 21 April 2000 5 May 2000 2 2000 Act No. 37 18 September 2000 6 October 2000 2AA 2002 Act No. 34 14 May 2002 14 May 2002 Reprint No. Amendments included Effective Notes 2A 2 rv 2002 Act No. 34 16 August 2002 2B 2003 Act No. 77 6 November 2003 2C 2002 Act No. 63 15 November 2003 2D 2003 Act No. 79 16 April 2004 2E 2004 Act No. 5 13 May 2004 2F 2004 Act No. 43 3 December 2004 2G 2004 Act No. 25 31 December 2004 2H 2004 Act No. 48 1 January 2005 2I 2004 Act No. 12 25 March 2005 2J 2007 Act No. 3 16 February 2007 R2J withdrawn, see R3 Reprint No. Amendments included Effective Notes 3 -- 16 February 2007 3A 2007 Act No. 39 29 August 2007 3B 2007 Act No. 39 21 September 2007 3C 2007 Act No. 37 28 September 2007 3D 2009 Act No. 9 1 July 2009 (The following information about forms is taken from the gazette and is included for information purposes only. Because failure by a department to notify or publish a form in the gazette does not invalidate the form, you should check with the relevant government department for the latest information about forms (see Statutory Instruments Act, section 58(8)).) Retrospective amendments that have been consolidated are noted in the list of legislation and list of annotations. Any retrospective amendment that has not been consolidated is noted in an editor's note to the text. >