Land and Resources Tribunal Act 1999

Queensland Land and Resources Tribunal Act 1999 Reprinted as in force on 2 November 2009 Reprint No. 4 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOTE—This is the last reprint before expiry Expired by 1999 Act No. 7 s 82A as ins 2007 No. 39 s 15

Information about this reprint This Act is reprinted as at 2 November 2009. The reprint— • shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. Minor editorial changes allowed under the provisions of the Reprints Act 1992 have also been made to use aspects of format and printing style consistent with current drafting practice (s 35). This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Land and Resources Tribunal Act 1999 Contents Part 1 1 2 3 Part 2 Division 1 4 5 6 Division 2 7 8 9 13 14 14A Division 3 15 16 17 18 19 19A 20 21 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Establishment and membership of tribunal Establishment Land and Resources Tribunal. . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Tribunal not subject to direction . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Membership of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Presiding members Presiding members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Eligibility for appointment as presiding member . . . . . . . . . . . . . . 7 Retirement or resignation of presiding members . . . . . . . . . . . . . 7 Termination of appointment of presiding member . . . . . . . . . . . . 8 Acting presiding member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Land Court member filling vacancy of presiding member . . . . . . 8 Non-presiding members Non-presiding members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Appointment of non-presiding members . . . . . . . . . . . . . . . . . . . 10 Eligibility for appointment as appointed non-presiding member . . 10 Eligibility for appointment as referee non-presiding member . . . . 11 Acting non-presiding member . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Land Court officer filling vacancy of referee non-presiding member ....................................... 13 Termination of office of Land Court and Land Tribunal non-presiding members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Termination of appointment of non-presiding member . . . . . . . . . 14

Land and Resources Tribunal Act 1999 Contents 22 23 24 Division 4 25 26 27 27A 28 Part 3 Division 1 29 30 31 32 Division 2 33 34 35 36 Part 4 Division 1 37 39 40 41 42 43 44 45 Division 2 46 47 48 Page 2 Term of appointment of appointed or referee non-presiding member ........................................ Resignation of certain non-presiding members . . . . . . . . . . . . . . Conditions of appointment of non-presiding member. . . . . . . . . . General provisions about members Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Limitation on ownership of mining tenements . . . . . . . . . . . . . . . Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership of other decision-making entity . . . . . . . . . . . . . . . . Appointment to NNTT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registrar and deputy registrars Registrar Registrar of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Keeping and disclosure of records and information . . . . . . . . . . . Engagement of consultants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delegation by registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deputy registrars Deputy registrars of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Basis for appointment as deputy registrar (additional office) . . . . Conditions of appointment of deputy registrar (additional office) . Deputy registrar (additional office) subject to direction of registrar ..................................... Organisation and operation of tribunal Sitting of tribunal Sittings of tribunal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General requirements for constituting tribunal for proceeding . . . Specific requirements for constituting tribunal for proceeding . . . Way in which questions are to be decided . . . . . . . . . . . . . . . . . . Specific requirements for native title objection proceedings. . . . . Reconstituting tribunal—single member. . . . . . . . . . . . . . . . . . . . Reconstituting tribunal—panel . . . . . . . . . . . . . . . . . . . . . . . . . . . Reconstituting tribunal—designated NNTT member not a tribunal member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Representation before tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . Hearings open to public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 15 16 16 16 17 18 18 18 19 19 19 20 20 21 21 21 22 23 23 24 25 25 26 27 27 27

49 50 Division 3 51 Division 4 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 70A Division 5 71 72 73 74 75 76 Division 6 77 79 Land and Resources Tribunal Act 1999 Contents Conduct of proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jurisdiction General provisions about jurisdiction . . . . . . . . . . . . . . . . . . . . . . Other supporting provisions Tribunal a court of record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Form of decisions of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supreme Court or District Court may transfer certain proceedings to tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attendance of witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Witnesses appearing at tribunal hearing . . . . . . . . . . . . . . . . . . . Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obstructing tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Allowances for witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contempt of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Punishment of contempt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conduct that is contempt and offence . . . . . . . . . . . . . . . . . . . . . Powers of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enforcement of orders etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeal only on question of law. . . . . . . . . . . . . . . . . . . . . . . . . . . Appeal not a stay of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . Question of law referred from presiding member (alternative), mining referee or Land Court non-presiding member . . . . . . . . . Question of law referred from panel or presiding member . . . . . . Tribunal constituted by presiding member (alternative) . . . . . . . . Mediation Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mediated resolution agreement . . . . . . . . . . . . . . . . . . . . . . . . . . Mediators to maintain secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . Ordinary protection and immunity allowed . . . . . . . . . . . . . . . . . . Admissions made to mediators . . . . . . . . . . . . . . . . . . . . . . . . . . Mediator precluded from tribunal hearing matter . . . . . . . . . . . . . Other provisions Finance and staffing of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . Delegation of powers by president . . . . . . . . . . . . . . . . . . . . . . . . 27 28 29 29 29 30 30 31 31 32 32 32 33 34 34 36 36 37 38 38 39 39 39 40 40 41 41 41 42 Page 3

Land and Resources Tribunal Act 1999 Contents Part 5 81 82 82A Part 6 87 88 89 90 91 92 Schedule 1 Schedule 4 Miscellaneous Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rule-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Expiry of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions for Land Court and Other Legislation Amendment Act 2007 Use of acting appointment provisions having regard to limited jurisdiction of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Arrangements for president . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Arrangements for deputy president . . . . . . . . . . . . . . . . . . . . . . . Arrangements for mining referee . . . . . . . . . . . . . . . . . . . . . . . . . Effect of repeal of ss 10–12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements for constituting tribunal . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 42 42 43 44 44 45 45 46 47 53 Endnotes 1 2 3 4 5 6 7 8 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of forms notified or published in the gazette . . . . . . . . . . . . . . . . Information about retrospectivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 56 57 57 58 60 63 64 Page 4

Land and Resources Tribunal Act 1999 Part 1 Preliminary [s 1] Land and Resources Tribunal Act 1999 [as amended by all amendments that commenced on or before 2 November 2009] An Act to establish the Land and Resources Tribunal, and for other purposes Part 1 Preliminary 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. Reprint 4 effective 2 November 2009 Page 5

Land and Resources Tribunal Act 1999 Part 2 Establishment and membership of tribunal [s 4] Part 2 Establishment and membership of tribunal Division 1 Establishment 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. Division 2 Presiding members 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. Page 6 Reprint 4 effective 2 November 2009

Land and Resources Tribunal Act 1999 Part 2 Establishment and membership of tribunal [s 8] 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 Editor’s note — See the Constitution of Queensland 2001 , section 59(1) (Appointment of judges). (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. Reprint 4 effective 2 November 2009 Page 7

Land and Resources Tribunal Act 1999 Part 2 Establishment and membership of tribunal [s 13] (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. Page 8 Reprint 4 effective 2 November 2009

Land and Resources Tribunal Act 1999 Part 2 Establishment and membership of tribunal [s 15] (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). Division 3 Non-presiding members 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. Reprint 4 effective 2 November 2009 Page 9

Land and Resources Tribunal Act 1999 Part 2 Establishment and membership of tribunal [s 16] (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; Page 10 Reprint 4 effective 2 November 2009

Land and Resources Tribunal Act 1999 Part 2 Establishment and membership of tribunal [s 18] (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; Reprint 4 effective 2 November 2009 Page 11

Land and Resources Tribunal Act 1999 Part 2 Establishment and membership of tribunal [s 19] (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 Page 12 Reprint 4 effective 2 November 2009

Land and Resources Tribunal Act 1999 Part 2 Establishment and membership of tribunal [s 19A] (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 Reprint 4 effective 2 November 2009 Page 13

Land and Resources Tribunal Act 1999 Part 2 Establishment and membership of tribunal [s 20] (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— Page 14 Reprint 4 effective 2 November 2009

Land and Resources Tribunal Act 1999 Part 2 Establishment and membership of tribunal [s 22] (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. Reprint 4 effective 2 November 2009 Page 15

Land and Resources Tribunal Act 1999 Part 2 Establishment and membership of tribunal [s 24] 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. Division 4 General provisions about members 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. Page 16 Reprint 4 effective 2 November 2009

Land and Resources Tribunal Act 1999 Part 2 Establishment and membership of tribunal [s 27] (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. Reprint 4 effective 2 November 2009 Page 17

Land and Resources Tribunal Act 1999 Part 3 Registrar and deputy registrars [s 27A] 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. Part 3 Registrar and deputy registrars Division 1 Registrar 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. Page 18 Reprint 4 effective 2 November 2009

Land and Resources Tribunal Act 1999 Part 3 Registrar and deputy registrars [s 30] (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— Reprint 4 effective 2 November 2009 Page 19

Land and Resources Tribunal Act 1999 Part 3 Registrar and deputy registrars [s 33] 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 Division 2 Deputy registrars 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 Page 20 Reprint 4 effective 2 November 2009

Land and Resources Tribunal Act 1999 Part 4 Organisation and operation of tribunal [s 35] 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). 36 Deputy registrar (additional office) subject to direction of registrar In performing the functions of a deputy registrar, a deputy registrar (additional office) is subject to the direction of the registrar. Part 4 Organisation and operation of tribunal Division 1 Sitting of tribunal 37 Sittings of tribunal The tribunal sits at the times and the places in Queensland the president directs. Reprint 4 effective 2 November 2009 Page 21

Land and Resources Tribunal Act 1999 Part 4 Organisation and operation of tribunal [s 39] 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— Page 22 Reprint 4 effective 2 November 2009

Land and Resources Tribunal Act 1999 Part 4 Organisation and operation of tribunal [s 40] 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— Reprint 4 effective 2 November 2009 Page 23

Land and Resources Tribunal Act 1999 Part 4 Organisation and operation of tribunal [s 42] (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. Page 24 Reprint 4 effective 2 November 2009

Land and Resources Tribunal Act 1999 Part 4 Organisation and operation of tribunal [s 43] 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 Reprint 4 effective 2 November 2009 Page 25

Land and Resources Tribunal Act 1999 Part 4 Organisation and operation of tribunal [s 45] (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. 45 Reconstituting tribunal—designated NNTT member not a 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. Page 26 Reprint 4 effective 2 November 2009

Land and Resources Tribunal Act 1999 Part 4 Organisation and operation of tribunal [s 46] (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. Division 2 Proceedings 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 Reprint 4 effective 2 November 2009 Page 27

Land and Resources Tribunal Act 1999 Part 4 Organisation and operation of tribunal [s 50] (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. Page 28 Reprint 4 effective 2 November 2009

Land and Resources Tribunal Act 1999 Part 4 Organisation and operation of tribunal [s 51] 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. Division 3 Jurisdiction 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. Division 4 Other supporting provisions 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 Reprint 4 effective 2 November 2009 Page 29

Land and Resources Tribunal Act 1999 Part 4 Organisation and operation of tribunal [s 56] (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. 56 Supreme Court or District Court may transfer certain 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. Page 30 Reprint 4 effective 2 November 2009

Land and Resources Tribunal Act 1999 Part 4 Organisation and operation of tribunal [s 58] (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. Reprint 4 effective 2 November 2009 Page 31

Land and Resources Tribunal Act 1999 Part 4 Organisation and operation of tribunal [s 60] (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 Page 32 Reprint 4 effective 2 November 2009

Land and Resources Tribunal Act 1999 Part 4 Organisation and operation of tribunal [s 63] (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. Reprint 4 effective 2 November 2009 Page 33

Land and Resources Tribunal Act 1999 Part 4 Organisation and operation of tribunal [s 64] (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— Page 34 Reprint 4 effective 2 November 2009

Land and Resources Tribunal Act 1999 Part 4 Organisation and operation of tribunal [s 65] (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. Reprint 4 effective 2 November 2009 Page 35

Land and Resources Tribunal Act 1999 Part 4 Organisation and operation of tribunal [s 66] (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— Page 36 Reprint 4 effective 2 November 2009

Land and Resources Tribunal Act 1999 Part 4 Organisation and operation of tribunal [s 68] (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. Reprint 4 effective 2 November 2009 Page 37

Land and Resources Tribunal Act 1999 Part 4 Organisation and operation of tribunal [s 69] 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. Page 38 Reprint 4 effective 2 November 2009

Land and Resources Tribunal Act 1999 Part 4 Organisation and operation of tribunal [s 70A] 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). Division 5 Mediation 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 Reprint 4 effective 2 November 2009 Page 39

Land and Resources Tribunal Act 1999 Part 4 Organisation and operation of tribunal [s 73] 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. Page 40 Reprint 4 effective 2 November 2009

Land and Resources Tribunal Act 1999 Part 4 Organisation and operation of tribunal [s 75] (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. Division 6 Other provisions 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. Reprint 4 effective 2 November 2009 Page 41

Land and Resources Tribunal Act 1999 Part 5 Miscellaneous [s 79] 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. Part 5 Miscellaneous 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. Page 42 Reprint 4 effective 2 November 2009

Land and Resources Tribunal Act 1999 Part 6 Transitional provisions for Land Court and Other Legislation Amendment Act 2007 [s 87] 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 (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 Reprint 4 effective 2 November 2009 Page 43

Land and Resources Tribunal Act 1999 Part 6 Transitional provisions for Land Court and Other Legislation Amendment Act 2007 [s 88] (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. Page 44 Reprint 4 effective 2 November 2009

Land and Resources Tribunal Act 1999 Part 6 Transitional provisions for Land Court and Other Legislation Amendment Act 2007 [s 90] (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— Reprint 4 effective 2 November 2009 Page 45

Land and Resources Tribunal Act 1999 Part 6 Transitional provisions for Land Court and Other Legislation Amendment Act 2007 [s 92] (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). Page 46 Reprint 4 effective 2 November 2009

Schedule 1 Land and Resources Tribunal Act 1999 Schedule 1 Requirements for constituting tribunal section 40(1)(b) Mineral Resources Act 1989 Sections conferring Nature of proceeding jurisdiction Constitution of tribunal Prospecting permits 38 to 42 appeal about a prospecting presiding member or permit mining referee Mining claims 53(6)(b) 70(1) 77 85 86 application about the area presiding member or the subject of a mining mining referee claim application by attending presiding member or party for costs mining referee hearing about application for mining claim unless, under this schedule, the tribunal must be constituted by a panel presiding member or mining referee hearing about compensation presiding member, mining referee or Land Court non-presiding member appeal about compensation panel Reprint 4 effective 2 November 2009 Page 47

Land and Resources Tribunal Act 1999 Schedule 1 Sections conferring Nature of proceeding jurisdiction Constitution of tribunal 101 proceeding about a caveat presiding member or mining referee 116 appeal about a decision presiding member or about a mining claim mining referee mentioned in the section unless, under this schedule, the tribunal must be constituted by a panel 125 hearing about access presiding member or mining referee Exploration permits 145 156 174(1) recovery of compensation panel for damage or injury proceeding about a caveat presiding member or mining referee application to the tribunal presiding member or by attending party for mining referee costs Mineral development licences 191 194A 203 recovery of compensation panel for damage or injury proceeding about At Risk Land Court agreement non-presiding member proceeding about a caveat presiding member or mining referee Page 48 Reprint 4 effective 2 November 2009

Land and Resources Tribunal Act 1999 Schedule 1 Sections conferring Nature of proceeding jurisdiction 222(1) application by attending party for costs Constitution of tribunal presiding member or mining referee Mining leases 250 259(1) 268 appeal against rejection of application for grant of mining lease unless, under this schedule, the tribunal must be constituted by a panel— (a) if applicant does not ask for the tribunal to be constituted by a panel; or presiding member or mining referee (b) if applicant asks for the tribunal to be constituted by a panel panel application to the tribunal presiding member or by attending party for mining referee costs hearing of application for grant of mining lease unless, under this schedule, the tribunal must be constituted by a panel— Reprint 4 effective 2 November 2009 Page 49

Land and Resources Tribunal Act 1999 Schedule 1 Sections conferring Nature of proceeding jurisdiction Constitution of tribunal 271(1) 278A 281 282 299 305 317 (a) if all parties ask for presiding member or the tribunal to be mining referee constituted other than by a panel, and the president agrees to the request; or (b) if paragraph (a) does panel not apply remission of matter by the minister to tribunal for reconsideration tribunal to be constituted in the same way as the tribunal was constituted for deciding its recommendation about the grant of the mining lease proceeding about At Risk Land Court agreement non-presiding member hearing about compensation presiding member, mining referee or Land Court non-presiding member appeal about compensation panel application for order declaring land to be adjoining land for the section presiding member or mining referee proceeding about a caveat presiding member or mining referee hearing about access presiding member or mining referee Page 50 Reprint 4 effective 2 November 2009

Land and Resources Tribunal Act 1999 Schedule 1 Sections conferring Nature of proceeding jurisdiction Substantive jurisdiction 363 actions, suits and proceedings of the kind mentioned in the section Constitution of tribunal presiding member Interim order by remote means 364 interim order by remote means presiding member 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 318I a 318K b 706 to 722 deciding mining tenement presiding member holder’s compensation liability to road authority review of original compensation presiding member decision about compensation panel Reprint 4 effective 2 November 2009 Page 51

Land and Resources Tribunal Act 1999 Schedule 1 Sections conferring Nature of proceeding jurisdiction Directions or requirements 406 review of direction or requirement Constitution of tribunal presiding member a Section 318I was renumbered as section 318EU under the Petroleum and Gas (Production and Safety) Act 2004 , section 1021. b Section 318K was renumbered as section 318EW under the Petroleum and Gas (Production and Safety) Act 2004 , section 1021. 1 General (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. Page 52 Reprint 4 effective 2 November 2009

Schedule 4 Land and Resources Tribunal Act 1999 Schedule 4 Dictionary section 3 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. Reprint 4 effective 2 November 2009 Page 53

Land and Resources Tribunal Act 1999 Schedule 4 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 2008 . 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 Page 54 Reprint 4 effective 2 November 2009

Land and Resources Tribunal Act 1999 Schedule 4 (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. Reprint 4 effective 2 November 2009 Page 55

Land and Resources Tribunal Act 1999 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60 7 List of forms notified or published in the gazette . . . . . . . . . . . . . . . . . . . . . . . . . .63 8 Information about retrospectivity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .64 2 Date to which amendments incorporated 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 2 November 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. Page 56 Reprint 4 effective 2 November 2009

Land and Resources Tribunal Act 1999 Endnotes 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 2 2AA Amendments to none 2000 Act No. 37 2002 Act No. 34 Effective 21 April 2000 18 September 2000 14 May 2002 Reprint date 5 May 2000 6 October 2000 14 May 2002 Reprint No. 2A 2rv 2B 2C 2D 2E 2F 2G 2H Amendments included 2002 Act No. 34 2003 Act No. 77 2002 Act No. 63 2003 Act No. 79 2004 Act No. 5 2004 Act No. 43 2004 Act No. 25 2004 Act No. 48 Effective 16 August 2002 6 November 2003 15 November 2003 16 April 2004 13 May 2004 3 December 2004 31 December 2004 1 January 2005 Notes Reprint 4 effective 2 November 2009 Page 57

Land and Resources Tribunal Act 1999 Endnotes Reprint No. 2I 2J 3 3A 3B 3C 3D 3E 4 Amendments included 2004 Act No. 12 2007 Act No. 3 — 2007 Act No. 39 2007 Act No. 39 2007 Act No. 37 2009 Act No. 9 2009 Act No. 25 — Effective 25 March 2005 16 February 2007 16 February 2007 29 August 2007 21 September 2007 28 September 2007 1 July 2009 2 November 2009 2 November 2009 Notes R2J withdrawn, see R3 R3E withdrawn, see R4 5 List of legislation Land and Resources Tribunal Act 1999 No. 7 date of assent 18 March 1999 ss 1–2 commenced on date of assent s 3, pts 2–3, ss 38, 54, pt 4 div 6, pt 5, pt 7 sch 3 (amdt of the Acts Interpretation Act 1954), sch 4 commenced 30 April 1999 (1999 SL No. 71) ss 37, 39–51, 53, 55–76 commenced 21 April 2000 (2000 SL No. 64) remaining provisions commenced 18 September 2000 (2000 SL No. 244) exp 31 December 2011 (see s 82A) amending legislation— Native Title (Queensland) State Provisions Amendment Act 1999 No. 35 pts 1, 3 date of assent 29 July 1999 ss 1–2 commenced on date of assent remaining provisions commenced 29 July 2000 (automatic commencement under AIA s 15DA(2)) Native Title Resolution Act 2000 No. 36 pts 1–2, s 18 sch 1, s 19 sch 2 date of assent 13 September 2000 ss 1–2 commenced on date of assent remaining provisions commenced 18 September 2000 (2000 SL No. 245) Land and Resources Tribunal Amendment Act 2000 No. 37 date of assent 13 September 2000 commenced on date of assent Justice and Other Legislation (Miscellaneous Provisions) Act 2002 No. 34 ss 1, 2(2), pt 10 date of assent 16 August 2002 ss 1–2 commenced on date of assent s 34 commenced 14 May 2002 (see s 2(2)) remaining provisions commenced on date of assent Page 58 Reprint 4 effective 2 November 2009

Land and Resources Tribunal Act 1999 Endnotes Mineral Resources and Other Legislation Amendment Act 2002 No. 63 pts 1, 3 date of assent 14 November 2002 ss 1–2 commenced on date of assent remaining provisions commenced 15 November 2003 (automatic commencement under AIA s 15DA(2)) Justice and Other Legislation Amendment Act 2003 No. 77 ss 1, 2(2), pt 18 date of assent 6 November 2003 commenced on date of assent (see s 2(2)) Aboriginal Cultural Heritage Act 2003 No. 79 ss 1–2, 170 sch 1 date of assent 6 November 2003 ss 1–2 commenced on date of assent remaining provisions commenced 16 April 2004 (2004 SL No. 36) Aurukun Associates Agreement Repeal Act 2004 No. 5 ss 1, 8 sch date of assent 13 May 2004 commenced on date of assent Geothermal Exploration Act 2004 No. 12 ss 1–2, ch 8 pt 4 date of assent 31 May 2004 ss 1–2 commenced on date of assent remaining provisions commenced 25 March 2005 (2005 SL No. 43) Petroleum and Gas (Production and Safety) Act 2004 No. 25 ss 1, 2(2), ch 16 pt 17 date of assent 12 October 2004 ss 1–2 commenced on date of assent remaining provisions commenced 31 December 2004 (2004 SL No. 308) Justice and Other Legislation Amendment Act 2004 No. 43 ss 1–2, pt 13 date of assent 18 November 2004 ss 1–2 commenced on date of assent remaining provisions commenced 3 December 2004 (2004 SL No. 263) Environmental Protection and Other Legislation Amendment Act 2004 No. 48 pts 1, 5 date of assent 18 November 2004 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2005 (2004 SL No. 315) State Penalties Enforcement and Other Legislation Amendment Act 2007 No. 3 s 1, pt 6 date of assent 16 February 2007 commenced on date of assent Justice and Other Legislation Amendment Act 2007 No. 37 pts 1, 21 date of assent 29 August 2007 ss 1–2 commenced on date of assent s 105 commenced 28 September 2007 (2007 SL No. 241) (amdt could not be given effect) remaining provisions commenced 28 September 2007 (2007 SL No. 241) Reprint 4 effective 2 November 2009 Page 59

Land and Resources Tribunal Act 1999 Endnotes Land Court and Other Legislation Amendment Act 2007 No. 39 pts 1–2 date of assent 29 August 2007 ss 1–2, 16 (to the extent it ins ss 89–91) commenced on date of assent remaining provisions commenced 21 September 2007 (2007 SL No. 236) Financial Accountability Act 2009 No. 9 ss 1, 2(2), 136 sch 1 date of assent 28 May 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2009 (2009 SL No. 80) Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector Ethics) Amendment Act 2009 No. 25 pt 1, s 83 sch date of assent 11 August 2009 ss 1–2 commenced on date of assent remaining provisions commenced 2 November 2009 (2009 SL No. 241) 6 List of annotations Presiding members s 7 amd 2007 No. 3 s 46 Retirement or resignation of presiding members s 9 amd 2002 No. 34 s 31 Salaries and allowances of presiding members s 10 om 2007 No. 39 s 4 Pension and leave of absence arrangements for presiding members s 11 om 2007 No. 39 s 4 amd 2007 No. 37 s 105 (amdt could not be given effect) Conditions of appointment of presiding members s 12 om 2007 No. 39 s 4 Land Court member filling vacancy of presiding member s 14A ins 2007 No. 39 s 5 Land Court officer filling vacancy of referee non-presiding member s 19A ins 2007 No. 39 s 6 Limitation on ownership of mining tenements prov hdg amd 1999 No. 35 s 6(1) s 26 amd 1999 No. 35 s 6(2) Membership of other decision-making entity s 27A ins 2003 No. 77 s 91 amd 2004 No. 43 s 58 Appointment to NNTT s 28 amd 2002 No. 34 s 32 Page 60 Reprint 4 effective 2 November 2009

Land and Resources Tribunal Act 1999 Endnotes Registrar of tribunal s 29 amd 2007 No. 39 s 7 PART 4—ORGANISATION AND OPERATION OF TRIBUNAL Arrangement of business s 38 om 2007 No. 39 s 8 General requirements for constituting tribunal for proceeding prov hdg amd 2000 No. 37 s 3 s 39 amd 2002 No. 34 s 33; 2004 No. 43 s 59; 2007 No. 39 s 9 Specific requirements for constituting tribunal for proceeding s 40 amd 2000 No. 37 s 4 Way in which questions are to be decided s 41 amd 1999 No. 35 s 7 Reconstituting tribunal—single member s 43 amd 2007 No. 39 s 10 Division 2—Proceedings div hdg sub 2000 No. 36 s 4 Conduct of proceeding s 49 amd 2000 No. 36 s 5 Jurisdiction under Commonwealth Native Title Act s 51A ins 1999 No. 35 s 8 om 2007 No. 39 s 11 Jurisdiction of tribunal for registered indigenous land use agreements s 51B ins 2000 No. 36 s 6 om 2007 No. 39 s 11 Exclusive jurisdiction for negotiated agreements s 52 amd 2000 No. 36 s 18 sch 1 om 2007 No. 39 s 11 Exclusive jurisdiction for certain cultural heritage matters s 53 amd 2003 No. 79 s 170 sch 1 om 2007 No. 39 s 11 Exclusive jurisdiction for contract conditions s 53A ins 2003 No. 77 s 92 om 2007 No. 39 s 11 Tribunal a court of record s 54 amd 2007 No. 39 s 12 Protection s 59 amd 2000 No. 37 s 5 Contempt of tribunal s 62 amd 2000 No. 37 s 6 Reprint 4 effective 2 November 2009 Page 61

Land and Resources Tribunal Act 1999 Endnotes Appeal only on question of law s 67 amd 2000 No. 37 s 7 Question of law referred from presiding member (alternative), mining referee or Land Court non-presiding member prov hdg sub 2000 No. 37 s 8(1) s 69 amd 2000 No. 37 s 8(2) Question of law referred from panel or presiding member prov hdg sub 2000 No. 37 s 9(1) s 70 amd 2000 No. 37 s 9(2) Tribunal constituted by presiding member (alternative) s 70A ins 2000 No. 37 s 10 Finance and staffing of tribunal s 77 amd 2007 No. 37 s 106; 2009 No. 9 s 136 sch 1 Annual report s 78 om 2007 No. 39 s 13 Preservation of rights of non-presiding member s 80 om 2007 No. 39 s 14 Expiry of Act s 82A ins 2007 No. 39 s 15 PART 6—TRANSITIONAL PROVISIONS FOR LAND COURT AND OTHER LEGISLATION AMENDMENT ACT 2007 pt hdg sub 2007 No. 39 s 16 Proceeding not finished before commencement s 83 amd 2000 No. 36 s 7 om 2007 No. 39 s 16 Proceeding about At Risk agreement not finished before commencement s 84 om 2007 No. 39 s 16 Warden s 85 amd 2000 No. 37 s 11 om 2007 No. 39 s 16 Assumption by tribunal of role of warden and Wardens Court under certain Acts prov hdg sub 2000 No. 37 s 12(1) s 86 amd 2000 No. 37 s 12(2)–(4); 2002 No. 34 s 34 (retro); 2004 No. 5 s 8 sch om 2007 No. 39 s 16 Use of acting appointment provisions having regard to limited jurisdiction of tribunal s 87 prev s 87 om R2 (see RA s 40) pres s 87 ins 2007 No. 39 s 16 Annual report s 88 ins 2007 No. 39 s 16 Page 62 Reprint 4 effective 2 November 2009

Land and Resources Tribunal Act 1999 Endnotes Arrangements for president s 89 ins 2007 No. 39 s 16 Arrangements for deputy president s 90 ins 2007 No. 39 s 16 Arrangements for mining referee s 91 ins 2007 No. 39 s 16 Effect of repeal of ss 10–12 s 92 ins 2007 No. 39 s 16 PART 7—CONSEQUENTIAL AND OTHER AMENDMENTS pt hdg om R2 (see RA s 40) SCHEDULE 1—REQUIREMENTS FOR CONSTITUTING TRIBUNAL amd 1999 No. 35 s 9; 2000 No. 36 s 18 sch 1; 2000 No. 37 s 13; 2002 No. 34 s 35; 2002 No. 63 s 9; 2004 No. 12 s 149; 2004 No. 25 s 942; 2004 No. 48 s 148; 2007 No. 39 s 17 SCHEDULE 2—NEGOTIATED AGREEMENTS amd 1999 No. 35 s 10; 2000 No. 36 s 18 sch 1, s 19 sch 2; 2003 No. 77 s 93 om 2007 No. 39 s 18 SCHEDULE 3—AMENDMENT TO OTHER ACTS om R2 (see RA s 40) SCHEDULE 4—DICTIONARY def “mining tenement” amd 1999 No. 35 s 11(1) def “native title (mining) provisions” amd 1999 No. 35 s 11(2); 2003 No. 77 s 94 def “native title notification party” amd 1999 No. 35 s 11(3) def “non-native title (mining) provisions” amd 1999 No. 35 s 11(4) def “Public Service Act” amd 2009 No. 25 s 83 sch 7 List of forms notified or published in the gazette (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)).) Form 1 Version 1—Title pubd gaz 12 May 2000 p 123 Form 2 Version 2—Application to start proceedings pubd gaz 19 May 2000 p 213 Reprint 4 effective 2 November 2009 Page 63

Land and Resources Tribunal Act 1999 Endnotes Form 3 Version 2—Response pubd gaz 19 May 2000 p 213 Form 4 Version 2—Application in a proceeding pubd gaz 19 May 2000 p 213 8 Information about retrospectivity 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. © State of Queensland 2012 Page 64 Reprint 4 effective 2 November 2009