LAND COURT ACT 2000 - As at 1 March 2023 - Act 1 of 2000
- As at 1 March 2023
- Act 1 of 2000
Table of Provisions
PART 1 - PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Dictionary
PART 2 - LAND COURT
Division 1 - Establishment and jurisdiction
- 4 Establishment of Land Court
- 5 Jurisdiction of Land Court
- 6 No distinction between Land Court and chambers
Division 1A - (Repealed)
Division 2 - General powers
- 7 Land Court to be guided by equity and good conscience
- 7A Land Court has power of the Supreme Court
- 7B Land Court order may be enforced in Supreme Court
- 8 Subpoenas
- 9 Contempt and contravention of orders
- 10 Terms of orders
- 11 Taking and recording evidence
- 12 Power to rehear matters
- 12A Land Court may make declarations
Division 3 - Composition
- 13 Composition of Land Court
- 14 Single member to constitute Land Court
- 15 Land Court may be constituted in more than 1 place
Division 3AA - Appointment of president and other members
- 16 Appointment of president and other members of Land Court
- 17 Appointment of members of land tribunal as members
- 17A Powers and responsibilities of president
- 18 Appointment of acting president
- 19 Appointment of acting members
- 20 Member not to practise profession likely to conflict
Division 3A - (Repealed)
Division 4 - Rules and directions
- 21 Rules of Land Court
- 22 Orders and directions
Division 5 - Sittings, parties, adjournments and loss of presiding member
- 23 Where Land Court may sit
- 24 Appearance
- 25 Adjournments
- 26 Stay of decisions—applications for leave to rehear matters
- 27 What happens if member dies or is incapacitated
Division 5A - Proceedings
- 27A Costs
- 27B Preliminary conference
- 27C ADR process applies to proceedings started under this part
Division 6 - Judicial registrars
Subdivision 1 - Appointment of judicial registrars
- 28 Judicial registrars
- 28A Acting judicial registrars
Subdivision 2 - Powers of judicial registrars
- 29 Judicial registrar’s power to hear and decide matters
- 30 Independence of judicial registrars
- 30A Judicial registrar may exercise certain judicial or quasi-judicial powers
Subdivision 3 - Leave to rehear matters decided by judicial registrars
- 31 Rehearing after judicial registrar’s decision
Division 6A - Indigenous assessors
- 32A Indigenous assessors
- 32B Conditions of appointment of indigenous assessor
- 32C Allocation of indigenous assessor for a prescribed proceeding
- 32D Role of indigenous assessor for a prescribed proceeding
Division 6B - Jurisdiction of Land Court in relation to native title and cultural heritage matters
- 32E Jurisdiction under Commonwealth Native Title Act
- 32F Jurisdiction for registered indigenous land use agreements
- 32G Jurisdiction for negotiated agreements
- 32H Jurisdiction for particular cultural heritage matters
32I. (Repealed)
Division 6C - (Repealed)
Division 7 - (Repealed)
Division 8 - (Repealed)
Division 9 - Conditions of members
- 38 Remuneration
- 39 Leave of absence
- 40 Pension benefits to members
- 41 Calculation of length of service as a member
- 42 Retirement of members
- 43 Removal from office or suspension
- 44 Non-application of ss 38–41 to certain members
Division 10 - Conditions of judicial registrars
- 45 Conditions of appointment
- 46 Retirement of judicial registrars
- 47 Preservation of rights
Division 11 - Other officials and registry
- 48 Registrar, deputy registrars and other officers
- 49 Functions and powers of registrar and deputy registrars
- 50 Delegation by registrar
- 50A Associates
- 51 Registries
- 52 Court records
Division 12 - Provisions about recommendatory provisions
- 52A Meaning of recommendatory provision
- 52B Application of Act
- 52C Costs in relation to performing functions and exercising powers under recommendatory provisions
Division 13 - Miscellaneous
- 52D Privileges, protection and immunity
PART 3 - LAND APPEAL COURT
Division 1 - Establishment and jurisdiction
- 53 Establishment of Land Appeal Court
- 54 Jurisdiction of Land Appeal Court
Division 2 - General powers
- 55 Land Appeal Court to be guided by equity and good conscience
- 56 Evidence admissible on appeal
- 57 Powers of Land Appeal Court
- 57A Costs
Division 3 - Constitution for appeals
- 58 Appeals from Land Court
- 59 Appeals from land tribunal
- 60 Questions of law from land tribunal
- 61 President decides members for Land Appeal Court
- 62 Nomination of Supreme Court judge to be member of Land Appeal Court
- 63 Land Appeal Court may be constituted in more than 1 place
Division 4 - Appeals, sittings, parties, adjournments, proceedings and loss of presiding members
- 64 Right of appeal to Land Appeal Court
- 65 Notice of appeal
- 66 Where Land Appeal Court may sit
- 67 Appearance
- 68 Adjournments
- 69 Stay of proceedings
- 70 What happens if member of Land Appeal Court dies or is incapacitated
- 71 Decisions of Land Appeal Court
Division 5 - General matters
- 72 Application of certain provisions of pt 2 to Land Appeal Court
- 73 Registrar, deputy registrars and other officers
- 73A Privileges, protection and immunity
PART 4 - APPEALS TO COURT OF APPEAL
- 74 Who may appeal to Court of Appeal
- 75 When leave to appeal must be sought and appeal made
- 76 Powers of Court of Appeal
PART 5 - MISCELLANEOUS
- 77 Judicial notice
- 77A Annual report
- 77B Approved forms
- 78 Regulation-making power
PART 6 - SAVINGS, TRANSITIONAL AND VALIDATION PROVISIONS
Division 1 - Savings and transitional provisions for Act No. 1 of 2000
- 79 Continuance of Land Court
- 80 Continuance of Land Appeal Court
- 81 Appointments of members continue
- 82 Entitlements of members continue
- 83 Appointments and entitlements of registrar, deputy registrars and other officers continue
- 84 Land Court orders continue
- 85 Proceedings started under Land Act 1994 continue
Division 2 - Transitional provisions for Land Court and Other Legislation Amendment Act 2007
- 86 LRT president
- 87 LRT deputy president
- 88 LRT mining referee
- 89 Previous LRT deputy president
- 90 Assumption by Land Court of role of warden and Wardens Court under particular Acts
- 91 Land Court to assume jurisdiction for proceedings already before the LRT
Division 3 - Transitional and validation provisions for Penalties and Sentences and Other Legislation Amendment Act 2012
- 92 Definition for div 3
- 93 Validation provision for Land Court Rules 2000
- 94 Transitional provision for approved forms
- 95 Pre-amended Act continues to apply for particular negotiated agreements and contract conditions
Division 5 - Transitional provisions for State Development and Public Works Organisation and Other Legislation Amendment Act 2015
- 96 Privileges, protection and immunity for powers and functions before commencement
Division 6 - Transitional and saving provisions for Justice and Other Legislation Amendment Act 2020
- 97 Definitions for division
- 98 Existing applications for leave to rehear matters
- 99 Existing directions
- 100 Existing performance of function or exercise of power under recommendatory provision
- 101 Proceedings and declarations under former s 33
