{"id":"qld:act-2000-001","name":"Land Court Act 2000","slug":"land-court-act-2000","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"1 of 2000","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104633,"registerId":"qld-act-2000-001-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Land Court Act 2000 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Dictionary","content":"### sec.3 Dictionary\n\nThe dictionary in schedule 2 defines words used in this Act.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Land Court","content":"# Land Court","sortOrder":4},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment and jurisdiction","content":"## Establishment and jurisdiction","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Establishment of Land Court","content":"### sec.4 Establishment of Land Court\n\nA specialised judicial tribunal called the Land Court is established.\nThe court is a court of record.\nThe court has a seal that must be judicially noticed.\n(sec.4-ssec.1) A specialised judicial tribunal called the Land Court is established.\n(sec.4-ssec.2) The court is a court of record.\n(sec.4-ssec.3) The court has a seal that must be judicially noticed.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Jurisdiction of Land Court","content":"### sec.5 Jurisdiction of Land Court\n\nThe Land Court has the jurisdiction given to it under this Act or another Act.\nVarious Acts confer jurisdiction on the Land Court. See the Acts Interpretation Act 1954 , section 49A .\nIf jurisdiction for a proceeding is expressly conferred on the court under this Act or another Act, the jurisdiction is exclusive.\nSubsection (2) does not limit parts 3 and 4 .\nThe jurisdiction of the Land Court can not be ousted only because a proceeding before it is about claims or interests of an equitable nature or involves making a decision about title to land.\ns 5 amd 2007 No. 39 s 20 ; 2013 No. 35 s 105\n(sec.5-ssec.1) The Land Court has the jurisdiction given to it under this Act or another Act. Various Acts confer jurisdiction on the Land Court. See the Acts Interpretation Act 1954 , section 49A .\n(sec.5-ssec.2) If jurisdiction for a proceeding is expressly conferred on the court under this Act or another Act, the jurisdiction is exclusive.\n(sec.5-ssec.3) Subsection (2) does not limit parts 3 and 4 .\n(sec.5-ssec.4) The jurisdiction of the Land Court can not be ousted only because a proceeding before it is about claims or interests of an equitable nature or involves making a decision about title to land.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"No distinction between Land Court and chambers","content":"### sec.6 No distinction between Land Court and chambers\n\nThe distinction between the Land Court and chambers is abolished.\nThe business of the court, wherever it is conducted, is taken to be conducted in court.\n(sec.6-ssec.1) The distinction between the Land Court and chambers is abolished.\n(sec.6-ssec.2) The business of the court, wherever it is conducted, is taken to be conducted in court.","sortOrder":8},{"sectionNumber":"pt.2-div.1A","sectionType":"division","heading":null,"content":"","sortOrder":9},{"sectionNumber":"sec.6A","sectionType":"section","heading":null,"content":"### Section sec.6A\n\ns 6A ins 2007 No. 39 s 21\nom 2020 No. 15 s 89","sortOrder":10},{"sectionNumber":"sec.6B","sectionType":"section","heading":null,"content":"### Section sec.6B\n\ns 6B ins 2007 No. 39 s 21\nom 2020 No. 15 s 89","sortOrder":11},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"General powers","content":"## General powers","sortOrder":12},{"sectionNumber":"sec.7","sectionType":"section","heading":"Land Court to be guided by equity and good conscience","content":"### sec.7 Land Court to be guided by equity and good conscience\n\nIn the exercise of its jurisdiction, the Land Court—\nis not bound by the rules of evidence and may inform itself in the way it considers appropriate; and\nmust act according to equity, good conscience and the substantial merits of the case without regard to legal technicalities and forms or the practice of other courts.\n- (a) is not bound by the rules of evidence and may inform itself in the way it considers appropriate; and\n- (b) must act according to equity, good conscience and the substantial merits of the case without regard to legal technicalities and forms or the practice of other courts.","sortOrder":13},{"sectionNumber":"sec.7A","sectionType":"section","heading":"Land Court has power of the Supreme Court","content":"### sec.7A Land Court has power of the Supreme Court\n\nThe Land Court has, for exercising jurisdiction conferred under this Act or another Act, all the powers of the Supreme Court, and may in a proceeding before the Land Court, in the same way and to the same extent as may be done by the Supreme Court in a similar proceeding—\ngrant any relief or remedy; and\nmake any order, including an order for attachment or committal because of disobedience to an order; and\ngive effect to every ground of defence or matter of set-off, whether equitable or legal.\nWithout limiting subsection (1) , the Land Court has, in a proceeding before it, power to grant relief—\nunder a declaration of rights of the parties; or\nunder an injunction, whether interim, interlocutory or final, in the proceeding; or\nby staying the proceeding or a part of the proceeding; or\nby appointing a receiver including an interim receiver.\nThe Land Court may order that a record of, or information about, a proceeding before the Land Court must not be made available to the public.\nWithout limiting the things the Land Court may have regard to in deciding whether to make an order under subsection (3) , the Land Court may have regard to Aboriginal tradition and Island custom.\nSubsection (1) has effect subject to—\nanother provision of this Act; and\na provision of another Act under which jurisdiction is conferred on the Land Court.\ns 7A (prev s 32J) ins 2007 No. 39 s 23\namd 2008 No. 34 s 751 sch 2 ; 2008 No. 29 s 66 ; 2010 No. 31 s 585 sch 2 pt 4 ; 2013 No. 35 s 111\nrenum and reloc 2013 No. 35 s 111 (5)\namd 2017 No. 17 s 141\n(sec.7A-ssec.1) The Land Court has, for exercising jurisdiction conferred under this Act or another Act, all the powers of the Supreme Court, and may in a proceeding before the Land Court, in the same way and to the same extent as may be done by the Supreme Court in a similar proceeding— grant any relief or remedy; and make any order, including an order for attachment or committal because of disobedience to an order; and give effect to every ground of defence or matter of set-off, whether equitable or legal.\n(sec.7A-ssec.2) Without limiting subsection (1) , the Land Court has, in a proceeding before it, power to grant relief— under a declaration of rights of the parties; or under an injunction, whether interim, interlocutory or final, in the proceeding; or by staying the proceeding or a part of the proceeding; or by appointing a receiver including an interim receiver.\n(sec.7A-ssec.3) The Land Court may order that a record of, or information about, a proceeding before the Land Court must not be made available to the public.\n(sec.7A-ssec.4) Without limiting the things the Land Court may have regard to in deciding whether to make an order under subsection (3) , the Land Court may have regard to Aboriginal tradition and Island custom.\n(sec.7A-ssec.5) Subsection (1) has effect subject to— another provision of this Act; and a provision of another Act under which jurisdiction is conferred on the Land Court.\n- (a) grant any relief or remedy; and\n- (b) make any order, including an order for attachment or committal because of disobedience to an order; and\n- (c) give effect to every ground of defence or matter of set-off, whether equitable or legal.\n- (a) under a declaration of rights of the parties; or\n- (b) under an injunction, whether interim, interlocutory or final, in the proceeding; or\n- (c) by staying the proceeding or a part of the proceeding; or\n- (d) by appointing a receiver including an interim receiver.\n- (a) another provision of this Act; and\n- (b) a provision of another Act under which jurisdiction is conferred on the Land Court.","sortOrder":14},{"sectionNumber":"sec.7B","sectionType":"section","heading":"Land Court order may be enforced in Supreme Court","content":"### sec.7B Land Court order may be enforced in Supreme Court\n\nAn order of the Land Court may be made an order of the Supreme Court and enforced in the Supreme Court.\nFor subsection (1) , it is enough to file the order in the Supreme Court.\ns 7B ins 2013 No. 35 s 106\n(sec.7B-ssec.1) An order of the Land Court may be made an order of the Supreme Court and enforced in the Supreme Court.\n(sec.7B-ssec.2) For subsection (1) , it is enough to file the order in the Supreme Court.","sortOrder":15},{"sectionNumber":"sec.8","sectionType":"section","heading":"Subpoenas","content":"### sec.8 Subpoenas\n\nThe Land Court may summon a person as a witness and may—\nrequire the person to produce documents in the person’s possession or power; and\nexamine the person; and\npunish the person for not attending under the summons or for refusing to give evidence or for failing to produce the documents.\nDespite subsection (1) , a person is not required to give evidence that may tend to incriminate the person.\nFor subsection (1) , a member of the court has the same powers as a Supreme Court judge has for the same matters in the Supreme Court.\n(sec.8-ssec.1) The Land Court may summon a person as a witness and may— require the person to produce documents in the person’s possession or power; and examine the person; and punish the person for not attending under the summons or for refusing to give evidence or for failing to produce the documents.\n(sec.8-ssec.2) Despite subsection (1) , a person is not required to give evidence that may tend to incriminate the person.\n(sec.8-ssec.3) For subsection (1) , a member of the court has the same powers as a Supreme Court judge has for the same matters in the Supreme Court.\n- (a) require the person to produce documents in the person’s possession or power; and\n- (b) examine the person; and\n- (c) punish the person for not attending under the summons or for refusing to give evidence or for failing to produce the documents.","sortOrder":16},{"sectionNumber":"sec.9","sectionType":"section","heading":"Contempt and contravention of orders","content":"### sec.9 Contempt and contravention of orders\n\nA person is in contempt of the Land Court if the person—\nwithout lawful excuse, fails to comply with an order of the court, (other than an order mentioned in paragraph (e) ) or an undertaking given to the court; or\nwilfully insults a member, a judicial registrar, the registrar, a bailiff or other court officer during the person’s sitting or attendance in court, or in going to or returning from the court; or\nwilfully interrupts the proceedings of the court or otherwise misbehaves himself or herself in court; or\nunlawfully obstructs or assaults someone in attendance in court; or\nwithout lawful excuse, disobeys a lawful order or direction of the court at the hearing of any proceeding; or\ncommits any other contempt of the court.\nA member has the same power to punish for a contempt mentioned in subsection (1) as a Supreme Court judge has for contempt of the Supreme Court.\nIf the contempt is in the face of the court, a bailiff or other court officer acting under the court’s order may, using necessary and reasonable help and force, take the person committing the contempt into custody and detain the person until the court rises.\nBefore the court rises, the court may—\nask the person to explain why the person should not be punished; or\nadjourn the matter to be dealt with on a stated date.\nIf the court acts under subsection (4) (a) , the court may deal with the person immediately.\n(sec.9-ssec.1) A person is in contempt of the Land Court if the person— without lawful excuse, fails to comply with an order of the court, (other than an order mentioned in paragraph (e) ) or an undertaking given to the court; or wilfully insults a member, a judicial registrar, the registrar, a bailiff or other court officer during the person’s sitting or attendance in court, or in going to or returning from the court; or wilfully interrupts the proceedings of the court or otherwise misbehaves himself or herself in court; or unlawfully obstructs or assaults someone in attendance in court; or without lawful excuse, disobeys a lawful order or direction of the court at the hearing of any proceeding; or commits any other contempt of the court.\n(sec.9-ssec.2) A member has the same power to punish for a contempt mentioned in subsection (1) as a Supreme Court judge has for contempt of the Supreme Court.\n(sec.9-ssec.3) If the contempt is in the face of the court, a bailiff or other court officer acting under the court’s order may, using necessary and reasonable help and force, take the person committing the contempt into custody and detain the person until the court rises.\n(sec.9-ssec.4) Before the court rises, the court may— ask the person to explain why the person should not be punished; or adjourn the matter to be dealt with on a stated date.\n(sec.9-ssec.5) If the court acts under subsection (4) (a) , the court may deal with the person immediately.\n- (a) without lawful excuse, fails to comply with an order of the court, (other than an order mentioned in paragraph (e) ) or an undertaking given to the court; or\n- (b) wilfully insults a member, a judicial registrar, the registrar, a bailiff or other court officer during the person’s sitting or attendance in court, or in going to or returning from the court; or\n- (c) wilfully interrupts the proceedings of the court or otherwise misbehaves himself or herself in court; or\n- (d) unlawfully obstructs or assaults someone in attendance in court; or\n- (e) without lawful excuse, disobeys a lawful order or direction of the court at the hearing of any proceeding; or\n- (f) commits any other contempt of the court.\n- (a) ask the person to explain why the person should not be punished; or\n- (b) adjourn the matter to be dealt with on a stated date.","sortOrder":17},{"sectionNumber":"sec.10","sectionType":"section","heading":"Terms of orders","content":"### sec.10 Terms of orders\n\nThe Land Court may make an order, give leave or do anything else it is authorised to do on the terms the court considers appropriate.","sortOrder":18},{"sectionNumber":"sec.11","sectionType":"section","heading":"Taking and recording evidence","content":"### sec.11 Taking and recording evidence\n\nThe Land Court must take evidence on oath, affirmation, affidavit or declaration and must record the evidence.","sortOrder":19},{"sectionNumber":"sec.12","sectionType":"section","heading":"Power to rehear matters","content":"### sec.12 Power to rehear matters\n\nA party to a proceeding who is dissatisfied with the Land Court’s decision may apply to the court for leave to have the matter reheard.\nFor the power of the Land Court to rehear matters decided by a judicial registrar, see section 31 .\nThe application must be made within 42 days after the order containing the decision is made, unless a longer period is allowed by the court.\nThe Land Court must not grant leave for the matter to be reheard unless satisfied the decision is based wholly or partly on a mistake of fact.\nIf the application is granted, the matter must be reheard, if practicable, by the member who gave the decision on which the rehearing is sought.\ns 12 amd 2005 No. 70 s 118 ; 2013 No. 35 s 107 ; 2020 No. 15 ss 90 , 109\n(sec.12-ssec.1) A party to a proceeding who is dissatisfied with the Land Court’s decision may apply to the court for leave to have the matter reheard. For the power of the Land Court to rehear matters decided by a judicial registrar, see section 31 .\n(sec.12-ssec.2) The application must be made within 42 days after the order containing the decision is made, unless a longer period is allowed by the court.\n(sec.12-ssec.3) The Land Court must not grant leave for the matter to be reheard unless satisfied the decision is based wholly or partly on a mistake of fact.\n(sec.12-ssec.4) If the application is granted, the matter must be reheard, if practicable, by the member who gave the decision on which the rehearing is sought.","sortOrder":20},{"sectionNumber":"sec.12A","sectionType":"section","heading":"Land Court may make declarations","content":"### sec.12A Land Court may make declarations\n\nAny person may bring proceedings in the Land Court for a declaration about—\na matter done, to be done, or that should have been done under this Act or another Act giving jurisdiction to the court; and\nthe construction of any legislation for the purpose of proceedings in which the court has exclusive jurisdiction.\nThe proceeding may be brought on behalf of a person.\nIf the proceeding is brought on behalf of a person, the person must consent or if the person is an unincorporated body, its committee or other controlling or governing body must consent.\nA person on whose behalf a proceeding is brought may contribute to, or pay, the legal costs incurred by the person bringing the proceeding.\nThe court has jurisdiction to hear and decide a proceeding for a declaration about a matter mentioned in subsection (1) .\nDespite subsection (1) , a proceeding can not be brought in the Land Court for a declaration about whether or not a document that purports to be an objection under the Land Valuation Act 2010 is a properly made objection under that Act.\ns 12A (prev s 33) amd 2010 No. 7 s 54 ; 2010 No. 39 s 325 sch 1 pt 2\nreloc and renum 2020 No. 15 s 124\n(sec.12A-ssec.1) Any person may bring proceedings in the Land Court for a declaration about— a matter done, to be done, or that should have been done under this Act or another Act giving jurisdiction to the court; and the construction of any legislation for the purpose of proceedings in which the court has exclusive jurisdiction.\n(sec.12A-ssec.2) The proceeding may be brought on behalf of a person.\n(sec.12A-ssec.3) If the proceeding is brought on behalf of a person, the person must consent or if the person is an unincorporated body, its committee or other controlling or governing body must consent.\n(sec.12A-ssec.4) A person on whose behalf a proceeding is brought may contribute to, or pay, the legal costs incurred by the person bringing the proceeding.\n(sec.12A-ssec.5) The court has jurisdiction to hear and decide a proceeding for a declaration about a matter mentioned in subsection (1) .\n(sec.12A-ssec.6) Despite subsection (1) , a proceeding can not be brought in the Land Court for a declaration about whether or not a document that purports to be an objection under the Land Valuation Act 2010 is a properly made objection under that Act.\n- (a) a matter done, to be done, or that should have been done under this Act or another Act giving jurisdiction to the court; and\n- (b) the construction of any legislation for the purpose of proceedings in which the court has exclusive jurisdiction.","sortOrder":21},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Composition","content":"## Composition","sortOrder":22},{"sectionNumber":"sec.13","sectionType":"section","heading":"Composition of Land Court","content":"### sec.13 Composition of Land Court\n\nThe Land Court consists of the president and other members.","sortOrder":23},{"sectionNumber":"sec.14","sectionType":"section","heading":"Single member to constitute Land Court","content":"### sec.14 Single member to constitute Land Court\n\nA single member sitting alone constitutes the Land Court for the exercise of its jurisdiction under this Act or another Act, unless the Act expressly provides that the court’s jurisdiction must be exercised by the court constituted in another way.\ns 14 amd 2007 No. 39 s 41 sch ; 2013 No. 35 s 108","sortOrder":24},{"sectionNumber":"sec.15","sectionType":"section","heading":"Land Court may be constituted in more than 1 place","content":"### sec.15 Land Court may be constituted in more than 1 place\n\nThe Land Court may be constituted in more than 1 place at the same time.","sortOrder":25},{"sectionNumber":"pt.2-div.3AA","sectionType":"division","heading":"Appointment of president and other members","content":"## Appointment of president and other members","sortOrder":26},{"sectionNumber":"sec.16","sectionType":"section","heading":"Appointment of president and other members of Land Court","content":"### sec.16 Appointment of president and other members of Land Court\n\nThe Governor in Council may appoint the president and other members by commission.\nFor other provisions relating to the appointment of members, see division 9 .\nFor the privileges, protection and immunity of members, see section 52D .\nSubject to section 42 , an appointment as a member is for 15 years.\nIf a person appointed as a member is reappointed, the reappointment may be for up to 15 years.\nAppointment as a member, other than a member appointed under section 17 , must be on a full-time basis.\nA person may be appointed as a member only if the person is a lawyer of at least 5 years standing with extensive experience in 1 or more of the following—\nland-related matters;\nmining or petroleum issues;\nindigenous issues;\nanother matter or issue the Governor in Council considers to have substantial relevance to the duties of a member.\nIf a member is appointed as president, the appointment as president is for the remainder of the term for which the member was appointed as a member.\nDespite subsections (2) and (3) , a member who, before the end of the member’s term of appointment, starts the hearing of a proceeding may remain a member until the proceeding ends.\ns 16 amd 2001 No. 33 s 20 ; 2004 No. 43 s 61 ; 2007 No. 39 s 22 ; 2020 No. 15 ss 91 , 112\n(sec.16-ssec.1) The Governor in Council may appoint the president and other members by commission. For other provisions relating to the appointment of members, see division 9 . For the privileges, protection and immunity of members, see section 52D .\n(sec.16-ssec.2) Subject to section 42 , an appointment as a member is for 15 years.\n(sec.16-ssec.3) If a person appointed as a member is reappointed, the reappointment may be for up to 15 years.\n(sec.16-ssec.4) Appointment as a member, other than a member appointed under section 17 , must be on a full-time basis.\n(sec.16-ssec.5) A person may be appointed as a member only if the person is a lawyer of at least 5 years standing with extensive experience in 1 or more of the following— land-related matters; mining or petroleum issues; indigenous issues; another matter or issue the Governor in Council considers to have substantial relevance to the duties of a member.\n(sec.16-ssec.6) If a member is appointed as president, the appointment as president is for the remainder of the term for which the member was appointed as a member.\n(sec.16-ssec.7) Despite subsections (2) and (3) , a member who, before the end of the member’s term of appointment, starts the hearing of a proceeding may remain a member until the proceeding ends.\n- 1 For other provisions relating to the appointment of members, see division 9 .\n- 2 For the privileges, protection and immunity of members, see section 52D .\n- (a) land-related matters;\n- (b) mining or petroleum issues;\n- (c) indigenous issues;\n- (d) another matter or issue the Governor in Council considers to have substantial relevance to the duties of a member.","sortOrder":27},{"sectionNumber":"sec.17","sectionType":"section","heading":"Appointment of members of land tribunal as members","content":"### sec.17 Appointment of members of land tribunal as members\n\nThe Governor in Council—\nmust appoint the chairperson and deputy chairperson of the land tribunal as members of the Land Court; and\nmay appoint any other member of the land tribunal as a member of the Land Court.\nA member of the land tribunal appointed to the Land Court—\nif the member is the chairperson—may be appointed on a part-time or full-time basis; and\nin any other case—must be appointed on a part-time basis.\nA member of the land tribunal who is appointed to the Land Court ceases to be a member of the court if the person ceases to be a member of the land tribunal.\nSubsection (3) does not prevent the reappointment of the person mentioned in the subsection as a member of the Land Court.\ns 17 amd 2001 No. 33 s 21 ; 2014 No. 45 s 58 sch 1 pt 1\n(sec.17-ssec.1) The Governor in Council— must appoint the chairperson and deputy chairperson of the land tribunal as members of the Land Court; and may appoint any other member of the land tribunal as a member of the Land Court.\n(sec.17-ssec.2) A member of the land tribunal appointed to the Land Court— if the member is the chairperson—may be appointed on a part-time or full-time basis; and in any other case—must be appointed on a part-time basis.\n(sec.17-ssec.3) A member of the land tribunal who is appointed to the Land Court ceases to be a member of the court if the person ceases to be a member of the land tribunal.\n(sec.17-ssec.4) Subsection (3) does not prevent the reappointment of the person mentioned in the subsection as a member of the Land Court.\n- (a) must appoint the chairperson and deputy chairperson of the land tribunal as members of the Land Court; and\n- (b) may appoint any other member of the land tribunal as a member of the Land Court.\n- (a) if the member is the chairperson—may be appointed on a part-time or full-time basis; and\n- (b) in any other case—must be appointed on a part-time basis.","sortOrder":28},{"sectionNumber":"sec.17A","sectionType":"section","heading":"Powers and responsibilities of president","content":"### sec.17A Powers and responsibilities of president\n\nThe president is responsible for the administration of the Land Court and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the Land Court.\nThe president has power to do things necessary or convenient to be done for the administration of the Land Court and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the Land Court.\ns 17A (prev s 20A) ins 2005 No. 70 s 119\namd 2020 No. 15 s 114\nreloc and renum 2020 No. 15 s 114\n(sec.17A-ssec.1) The president is responsible for the administration of the Land Court and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the Land Court.\n(sec.17A-ssec.2) The president has power to do things necessary or convenient to be done for the administration of the Land Court and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the Land Court.","sortOrder":29},{"sectionNumber":"sec.18","sectionType":"section","heading":"Appointment of acting president","content":"### sec.18 Appointment of acting president\n\nThe Governor in Council may appoint a member, qualified to be president of the Land Court, to act as president during—\na vacancy in the office of president; or\nany period when the president is absent from duty or can not perform the duties of president for another reason.\n- (a) a vacancy in the office of president; or\n- (b) any period when the president is absent from duty or can not perform the duties of president for another reason.","sortOrder":30},{"sectionNumber":"sec.19","sectionType":"section","heading":"Appointment of acting members","content":"### sec.19 Appointment of acting members\n\nThe Governor in Council may appoint a person to act as a member (other than as president)—\nduring any period when a member is absent from duty or can not, for another reason, perform the functions of a member; or\nif the conduct of the business of the court, in the opinion of the Governor in Council, requires the appointment.\nAn acting member is appointed on a part-time or full-time basis for the term (not more than 2 years) stated in the member’s instrument of appointment.\nThe provisions of this Act applying to members of the court also apply to an acting member to the extent the application is possible.\nThe rights of a public service officer appointed as an acting member may be preserved under a regulation.\ns 19 amd 2001 No. 33 s 22\n(sec.19-ssec.1) The Governor in Council may appoint a person to act as a member (other than as president)— during any period when a member is absent from duty or can not, for another reason, perform the functions of a member; or if the conduct of the business of the court, in the opinion of the Governor in Council, requires the appointment.\n(sec.19-ssec.2) An acting member is appointed on a part-time or full-time basis for the term (not more than 2 years) stated in the member’s instrument of appointment.\n(sec.19-ssec.3) The provisions of this Act applying to members of the court also apply to an acting member to the extent the application is possible.\n(sec.19-ssec.4) The rights of a public service officer appointed as an acting member may be preserved under a regulation.\n- (a) during any period when a member is absent from duty or can not, for another reason, perform the functions of a member; or\n- (b) if the conduct of the business of the court, in the opinion of the Governor in Council, requires the appointment.","sortOrder":31},{"sectionNumber":"sec.20","sectionType":"section","heading":"Member not to practise profession likely to conflict","content":"### sec.20 Member not to practise profession likely to conflict\n\nA member must not practise in, or have a direct or indirect interest in the practise of, a business or profession if the practise or interest is likely to conflict with the member’s duty as a member.\nA member must resign from office as a member if the member is chosen as a member of the Legislative Assembly.\nSubsection (1) does not apply to—\nan acting member; or\na member appointed under section 17 on a part-time basis.\n(sec.20-ssec.1) A member must not practise in, or have a direct or indirect interest in the practise of, a business or profession if the practise or interest is likely to conflict with the member’s duty as a member.\n(sec.20-ssec.2) A member must resign from office as a member if the member is chosen as a member of the Legislative Assembly.\n(sec.20-ssec.3) Subsection (1) does not apply to— an acting member; or a member appointed under section 17 on a part-time basis.\n- (a) an acting member; or\n- (b) a member appointed under section 17 on a part-time basis.","sortOrder":32},{"sectionNumber":"pt.2-div.3A","sectionType":"division","heading":null,"content":"","sortOrder":33},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Rules and directions","content":"## Rules and directions","sortOrder":34},{"sectionNumber":"sec.21","sectionType":"section","heading":"Rules of Land Court","content":"### sec.21 Rules of Land Court\n\nThe Governor in Council, with the concurrence of the Chief Justice and the president, may make rules about anything—\nrequired or permitted to be prescribed by the rules; or\nnecessary or convenient to be prescribed for the Land Court, including for a function or power conferred on the court under this Act or another Act.\nWithout limiting subsection (1) , the rules may provide for the procedures of the court or the registry.\nAlso, without limiting subsection (1) , the rules may provide for the procedures when the court, a member or a judicial registrar is exercising or performing an administrative function, including—\nrules providing for costs in relation to the exercise or performance of an administrative function; and\nrules providing for disclosure by persons in relation to the exercise or performance of an administrative function.\nThe procedures of the court are governed by the rules.\nThe rules may be uniform rules that apply to other courts.\nThe rules are subordinate legislation.\ns 21 amd 2015 No. 8 s 7\n(sec.21-ssec.1) The Governor in Council, with the concurrence of the Chief Justice and the president, may make rules about anything— required or permitted to be prescribed by the rules; or necessary or convenient to be prescribed for the Land Court, including for a function or power conferred on the court under this Act or another Act.\n(sec.21-ssec.2) Without limiting subsection (1) , the rules may provide for the procedures of the court or the registry.\n(sec.21-ssec.3) Also, without limiting subsection (1) , the rules may provide for the procedures when the court, a member or a judicial registrar is exercising or performing an administrative function, including— rules providing for costs in relation to the exercise or performance of an administrative function; and rules providing for disclosure by persons in relation to the exercise or performance of an administrative function.\n(sec.21-ssec.4) The procedures of the court are governed by the rules.\n(sec.21-ssec.5) The rules may be uniform rules that apply to other courts.\n(sec.21-ssec.6) The rules are subordinate legislation.\n- (a) required or permitted to be prescribed by the rules; or\n- (b) necessary or convenient to be prescribed for the Land Court, including for a function or power conferred on the court under this Act or another Act.\n- (a) rules providing for costs in relation to the exercise or performance of an administrative function; and\n- (b) rules providing for disclosure by persons in relation to the exercise or performance of an administrative function.","sortOrder":35},{"sectionNumber":"sec.22","sectionType":"section","heading":"Orders and directions","content":"### sec.22 Orders and directions\n\nThe Land Court may make an order or direction about the conduct of a proceeding in the Land Court.\nThe president may make directions of general application about the Land Court’s procedures.\nIn making an order or direction under this section, the interests of justice are paramount.\nAn order or direction made under this section may be inconsistent with a provision of the rules made under section 21 .\nIf there is an inconsistency between an order or direction made under this section and a provision of the rules made under section 21 , the order or direction prevails to the extent of the inconsistency.\nThe Land Court or the president may vary or revoke an order or direction made under this section.\ns 22 sub 2020 No. 15 s 92\n(sec.22-ssec.1) The Land Court may make an order or direction about the conduct of a proceeding in the Land Court.\n(sec.22-ssec.2) The president may make directions of general application about the Land Court’s procedures.\n(sec.22-ssec.3) In making an order or direction under this section, the interests of justice are paramount.\n(sec.22-ssec.4) An order or direction made under this section may be inconsistent with a provision of the rules made under section 21 .\n(sec.22-ssec.5) If there is an inconsistency between an order or direction made under this section and a provision of the rules made under section 21 , the order or direction prevails to the extent of the inconsistency.\n(sec.22-ssec.6) The Land Court or the president may vary or revoke an order or direction made under this section.","sortOrder":36},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Sittings, parties, adjournments and loss of presiding member","content":"## Sittings, parties, adjournments and loss of presiding member","sortOrder":37},{"sectionNumber":"sec.23","sectionType":"section","heading":"Where Land Court may sit","content":"### sec.23 Where Land Court may sit\n\nThe Land Court may sit at any place.","sortOrder":38},{"sectionNumber":"sec.24","sectionType":"section","heading":"Appearance","content":"### sec.24 Appearance\n\nA party to a proceeding may appear personally or by lawyer or agent.","sortOrder":39},{"sectionNumber":"sec.25","sectionType":"section","heading":"Adjournments","content":"### sec.25 Adjournments\n\nThe Land Court may—\nadjourn proceedings from time to time and from place to place; and\nadjourn proceedings to a time, or a time and place, to be fixed.\n- (a) adjourn proceedings from time to time and from place to place; and\n- (b) adjourn proceedings to a time, or a time and place, to be fixed.","sortOrder":40},{"sectionNumber":"sec.26","sectionType":"section","heading":"Stay of decisions—applications for leave to rehear matters","content":"### sec.26 Stay of decisions—applications for leave to rehear matters\n\nAn application to the Land Court for leave to have a matter reheard affects the decision against which the application is made, or the carrying out of the decision, only if the decision is stayed.\nThe Land Court may stay a decision against which an application is made to secure the effectiveness of the rehearing.\nA stay—\nmay be given on the conditions the Land Court considers appropriate; and\noperates for the period stated by the court; and\nmay be revoked or amended by the court.\nHowever, the period of the stay must not extend past the time when the Land Court—\nrefuses to grant leave to have the matter reheard; or\nif the court grants leave for a rehearing—rehears the matter.\ns 26 amd 2020 No. 15 s 115\n(sec.26-ssec.1) An application to the Land Court for leave to have a matter reheard affects the decision against which the application is made, or the carrying out of the decision, only if the decision is stayed.\n(sec.26-ssec.2) The Land Court may stay a decision against which an application is made to secure the effectiveness of the rehearing.\n(sec.26-ssec.3) A stay— may be given on the conditions the Land Court considers appropriate; and operates for the period stated by the court; and may be revoked or amended by the court.\n(sec.26-ssec.4) However, the period of the stay must not extend past the time when the Land Court— refuses to grant leave to have the matter reheard; or if the court grants leave for a rehearing—rehears the matter.\n- (a) may be given on the conditions the Land Court considers appropriate; and\n- (b) operates for the period stated by the court; and\n- (c) may be revoked or amended by the court.\n- (a) refuses to grant leave to have the matter reheard; or\n- (b) if the court grants leave for a rehearing—rehears the matter.","sortOrder":41},{"sectionNumber":"sec.27","sectionType":"section","heading":"What happens if member dies or is incapacitated","content":"### sec.27 What happens if member dies or is incapacitated\n\nThis section applies if, after starting to hear a proceeding, the member hearing the proceeding dies or becomes incapable of continuing with the proceeding.\nA party to the proceeding may, after giving 7 days notice to the other party or parties, apply to the president for an order directing the course of action to be taken in the proceeding.\nThe president, in response to the application or on the president’s own initiative, may, after consulting with the parties to the proceeding—\norder the proceeding be reheard; or\nadjourn the proceeding to allow the incapacitated member to continue when able; or\nwith the consent of the parties, make an order the president considers appropriate about deciding the proceeding, or about completing the hearing and deciding of the proceeding.\nIf, under subsection (3) (a) , a proceeding is reheard—\nthe member hearing and deciding the proceeding may make the order the member considers appropriate about costs for the first hearing; and\nthe first hearing is taken not to have happened other than for paragraph (a) .\nAn order mentioned in subsection (3) (c) is taken to be a decision of the Land Court.\n(sec.27-ssec.1) This section applies if, after starting to hear a proceeding, the member hearing the proceeding dies or becomes incapable of continuing with the proceeding.\n(sec.27-ssec.2) A party to the proceeding may, after giving 7 days notice to the other party or parties, apply to the president for an order directing the course of action to be taken in the proceeding.\n(sec.27-ssec.3) The president, in response to the application or on the president’s own initiative, may, after consulting with the parties to the proceeding— order the proceeding be reheard; or adjourn the proceeding to allow the incapacitated member to continue when able; or with the consent of the parties, make an order the president considers appropriate about deciding the proceeding, or about completing the hearing and deciding of the proceeding.\n(sec.27-ssec.4) If, under subsection (3) (a) , a proceeding is reheard— the member hearing and deciding the proceeding may make the order the member considers appropriate about costs for the first hearing; and the first hearing is taken not to have happened other than for paragraph (a) .\n(sec.27-ssec.5) An order mentioned in subsection (3) (c) is taken to be a decision of the Land Court.\n- (a) order the proceeding be reheard; or\n- (b) adjourn the proceeding to allow the incapacitated member to continue when able; or\n- (c) with the consent of the parties, make an order the president considers appropriate about deciding the proceeding, or about completing the hearing and deciding of the proceeding.\n- (a) the member hearing and deciding the proceeding may make the order the member considers appropriate about costs for the first hearing; and\n- (b) the first hearing is taken not to have happened other than for paragraph (a) .","sortOrder":42},{"sectionNumber":"pt.2-div.5A","sectionType":"division","heading":"Proceedings","content":"## Proceedings","sortOrder":43},{"sectionNumber":"sec.27A","sectionType":"section","heading":"Costs","content":"### sec.27A Costs\n\nSubject to the provisions of this or another Act to the contrary, the Land Court may order costs for a proceeding in the court as it considers appropriate.\nIf the court does not make an order under subsection (1) , each party to the proceeding must bear the party’s own costs for the proceeding.\ns 27A (prev s 34) amd 2005 No. 70 s 120 ; 2013 No. 35 s 112\nreloc and renum 2020 No. 15 s 125\n(sec.27A-ssec.1) Subject to the provisions of this or another Act to the contrary, the Land Court may order costs for a proceeding in the court as it considers appropriate.\n(sec.27A-ssec.2) If the court does not make an order under subsection (1) , each party to the proceeding must bear the party’s own costs for the proceeding.","sortOrder":44},{"sectionNumber":"sec.27B","sectionType":"section","heading":"Preliminary conference","content":"### sec.27B Preliminary conference\n\nA member or judicial registrar may arrange for each party to a proceeding, or the party’s lawyer or agent, to attend a preliminary conference.\nEach party must be prepared to identify and discuss the issues in dispute in an attempt to negotiate a settlement.\nIf a party is represented by a lawyer or agent, the lawyer or agent must have authority to settle the matter or any issue discussed.\nIf agreement is reached between the parties, the member or judicial registrar may dispose of the matter in the way agreed.\nA decision made under subsection (4) must be a decision the Land Court could make in the proper exercise of its jurisdiction.\nIf agreement is not reached, the member or judicial registrar may, with the consent of the parties, dispose of the matter without a further hearing.\nA member or judicial registrar disposing of a matter under this section has the powers of the court.\nA member or judicial registrar who presides over a preliminary conference may not, without leave of the parties, preside over a hearing of the same matter.\nEvidence of anything said or any admission made at the conference is not admissible in the proceeding without the consent of the parties.\ns 27B (prev s 36) amd 2013 No. 35 s 113\nreloc and renum 2020 No. 15 s 127\n(sec.27B-ssec.1) A member or judicial registrar may arrange for each party to a proceeding, or the party’s lawyer or agent, to attend a preliminary conference.\n(sec.27B-ssec.2) Each party must be prepared to identify and discuss the issues in dispute in an attempt to negotiate a settlement.\n(sec.27B-ssec.3) If a party is represented by a lawyer or agent, the lawyer or agent must have authority to settle the matter or any issue discussed.\n(sec.27B-ssec.4) If agreement is reached between the parties, the member or judicial registrar may dispose of the matter in the way agreed.\n(sec.27B-ssec.5) A decision made under subsection (4) must be a decision the Land Court could make in the proper exercise of its jurisdiction.\n(sec.27B-ssec.6) If agreement is not reached, the member or judicial registrar may, with the consent of the parties, dispose of the matter without a further hearing.\n(sec.27B-ssec.7) A member or judicial registrar disposing of a matter under this section has the powers of the court.\n(sec.27B-ssec.8) A member or judicial registrar who presides over a preliminary conference may not, without leave of the parties, preside over a hearing of the same matter.\n(sec.27B-ssec.9) Evidence of anything said or any admission made at the conference is not admissible in the proceeding without the consent of the parties.","sortOrder":45},{"sectionNumber":"sec.27C","sectionType":"section","heading":"ADR process applies to proceedings started under this part","content":"### sec.27C ADR process applies to proceedings started under this part\n\nThe Civil Proceedings Act 2011 , part 6 (the ADR provisions ) applies to proceedings started under this part.\nHowever, to the extent the cost provisions of the ADR provisions do not provide for a matter, section 27A applies.\nWithout limiting subsection (1) , for a relevant ADR process—\neach party to a proceeding who participates in the ADR process must be prepared to identify and discuss the issues in dispute in an attempt to negotiate a settlement; and\nif a party is represented in the ADR process by a lawyer or agent—\nthe lawyer or agent must have authority to settle the matter or any issue discussed; or\nif it is not practicable for the lawyer or agent to have the authority mentioned in subparagraph (i) —the lawyer or agent must have the authority to make a recommendation to the party about settling the matter or any issue discussed.\nIn applying the ADR provisions to a proceeding under this part—\na reference to a court is taken to be a reference to the Land Court; and\ndefinitions and other interpretative provisions of the Civil Proceedings Act 2011 relevant to the ADR provisions apply.\nIn this section—\nrelevant ADR process means an ADR process within the meaning of the Civil Proceedings Act 2011 , section 39 , other than to the extent the section refers to case appraisal.\ns 27C (prev s 37) sub 2011 No. 45 s 158\namd 2017 No. 17 s 143 ; 2020 No. 15 s 129 (1) – (2)\nreloc and renum 2020 No. 15 s 129 (3)\n(sec.27C-ssec.1) The Civil Proceedings Act 2011 , part 6 (the ADR provisions ) applies to proceedings started under this part.\n(sec.27C-ssec.2) However, to the extent the cost provisions of the ADR provisions do not provide for a matter, section 27A applies.\n(sec.27C-ssec.3) Without limiting subsection (1) , for a relevant ADR process— each party to a proceeding who participates in the ADR process must be prepared to identify and discuss the issues in dispute in an attempt to negotiate a settlement; and if a party is represented in the ADR process by a lawyer or agent— the lawyer or agent must have authority to settle the matter or any issue discussed; or if it is not practicable for the lawyer or agent to have the authority mentioned in subparagraph (i) —the lawyer or agent must have the authority to make a recommendation to the party about settling the matter or any issue discussed.\n(sec.27C-ssec.4) In applying the ADR provisions to a proceeding under this part— a reference to a court is taken to be a reference to the Land Court; and definitions and other interpretative provisions of the Civil Proceedings Act 2011 relevant to the ADR provisions apply.\n(sec.27C-ssec.5) In this section— relevant ADR process means an ADR process within the meaning of the Civil Proceedings Act 2011 , section 39 , other than to the extent the section refers to case appraisal.\n- (a) each party to a proceeding who participates in the ADR process must be prepared to identify and discuss the issues in dispute in an attempt to negotiate a settlement; and\n- (b) if a party is represented in the ADR process by a lawyer or agent— (i) the lawyer or agent must have authority to settle the matter or any issue discussed; or (ii) if it is not practicable for the lawyer or agent to have the authority mentioned in subparagraph (i) —the lawyer or agent must have the authority to make a recommendation to the party about settling the matter or any issue discussed.\n- (i) the lawyer or agent must have authority to settle the matter or any issue discussed; or\n- (ii) if it is not practicable for the lawyer or agent to have the authority mentioned in subparagraph (i) —the lawyer or agent must have the authority to make a recommendation to the party about settling the matter or any issue discussed.\n- (i) the lawyer or agent must have authority to settle the matter or any issue discussed; or\n- (ii) if it is not practicable for the lawyer or agent to have the authority mentioned in subparagraph (i) —the lawyer or agent must have the authority to make a recommendation to the party about settling the matter or any issue discussed.\n- (a) a reference to a court is taken to be a reference to the Land Court; and\n- (b) definitions and other interpretative provisions of the Civil Proceedings Act 2011 relevant to the ADR provisions apply.","sortOrder":46},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Judicial registrars","content":"## Judicial registrars","sortOrder":47},{"sectionNumber":"sec.28","sectionType":"section","heading":"Judicial registrars","content":"### sec.28 Judicial registrars\n\nThe Governor in Council may appoint judicial registrars to exercise the powers and perform the functions prescribed under the rules.\nFor other provisions relating to the appointment of judicial registrars, see division 10 .\nFor the privileges, protection and immunity of judicial registrars, see section 52D .\nA person may be appointed as a judicial registrar only if the person is eligible for admission as a barrister or solicitor of the Supreme Court.\nA judicial registrar may be removed from office only by the Governor in Council for proven incapacity or misbehaviour.\nA judicial registrar is an officer of the court.\ns 28 amd 2020 No. 15 s 118\n(sec.28-ssec.1) The Governor in Council may appoint judicial registrars to exercise the powers and perform the functions prescribed under the rules. For other provisions relating to the appointment of judicial registrars, see division 10 . For the privileges, protection and immunity of judicial registrars, see section 52D .\n(sec.28-ssec.2) A person may be appointed as a judicial registrar only if the person is eligible for admission as a barrister or solicitor of the Supreme Court.\n(sec.28-ssec.3) A judicial registrar may be removed from office only by the Governor in Council for proven incapacity or misbehaviour.\n(sec.28-ssec.4) A judicial registrar is an officer of the court.\n- 1 For other provisions relating to the appointment of judicial registrars, see division 10 .\n- 2 For the privileges, protection and immunity of judicial registrars, see section 52D .","sortOrder":48},{"sectionNumber":"sec.28A","sectionType":"section","heading":"Acting judicial registrars","content":"### sec.28A Acting judicial registrars\n\nThe Governor in Council may appoint a person to act as a judicial registrar—\nduring any period when a judicial registrar is absent from duty or can not, for another reason, perform the functions of a judicial registrar; or\nif the conduct of the business of the Land Court, in the opinion of the Governor in Council, requires the appointment.\nAn acting judicial registrar is appointed on a part-time or full-time basis for the term, of not more than 2 years, stated in the person’s instrument of appointment.\nThe provisions of this Act applying to judicial registrars also apply to an acting judicial registrar to the extent the application is possible.\ns 28A ins 2017 No. 17 s 142\namd 2020 No. 15 s 93\n(sec.28A-ssec.1) The Governor in Council may appoint a person to act as a judicial registrar— during any period when a judicial registrar is absent from duty or can not, for another reason, perform the functions of a judicial registrar; or if the conduct of the business of the Land Court, in the opinion of the Governor in Council, requires the appointment.\n(sec.28A-ssec.2) An acting judicial registrar is appointed on a part-time or full-time basis for the term, of not more than 2 years, stated in the person’s instrument of appointment.\n(sec.28A-ssec.3) The provisions of this Act applying to judicial registrars also apply to an acting judicial registrar to the extent the application is possible.\n- (a) during any period when a judicial registrar is absent from duty or can not, for another reason, perform the functions of a judicial registrar; or\n- (b) if the conduct of the business of the Land Court, in the opinion of the Governor in Council, requires the appointment.","sortOrder":49},{"sectionNumber":"sec.29","sectionType":"section","heading":"Judicial registrar’s power to hear and decide matters","content":"### sec.29 Judicial registrar’s power to hear and decide matters\n\nA judicial registrar may hear and decide a matter prescribed under the rules.\nFor the matter, the judicial registrar constitutes and may exercise all the jurisdiction and powers of the Land Court.\nHowever, a judicial registrar may not exercise any power of the court to punish for contempt.\n(sec.29-ssec.1) A judicial registrar may hear and decide a matter prescribed under the rules.\n(sec.29-ssec.2) For the matter, the judicial registrar constitutes and may exercise all the jurisdiction and powers of the Land Court.\n(sec.29-ssec.3) However, a judicial registrar may not exercise any power of the court to punish for contempt.","sortOrder":50},{"sectionNumber":"sec.30","sectionType":"section","heading":"Independence of judicial registrars","content":"### sec.30 Independence of judicial registrars\n\nA judicial registrar, when constituting the Land Court or otherwise exercising a judicial or quasi-judicial power, is not subject to direction or control, other than as provided under this Act.","sortOrder":51},{"sectionNumber":"sec.30A","sectionType":"section","heading":"Judicial registrar may exercise certain judicial or quasi-judicial powers","content":"### sec.30A Judicial registrar may exercise certain judicial or quasi-judicial powers\n\nA judicial registrar may exercise a judicial or quasi-judicial power if a provision of this Act or another Act provides for the exercise of the power by the registrar.\nA member of the court may exercise any of the powers or perform any of the functions of a judicial registrar.\ns 30A (prev s 32) amd 2013 No. 35 s 110\nreloc and renum 2020 No. 15 s 121\n(sec.30A-ssec.1) A judicial registrar may exercise a judicial or quasi-judicial power if a provision of this Act or another Act provides for the exercise of the power by the registrar.\n(sec.30A-ssec.2) A member of the court may exercise any of the powers or perform any of the functions of a judicial registrar.","sortOrder":52},{"sectionNumber":"sec.31","sectionType":"section","heading":"Rehearing after judicial registrar’s decision","content":"### sec.31 Rehearing after judicial registrar’s decision\n\nA party to a proceeding who is dissatisfied with a judicial registrar’s decision in the proceeding may, with the leave of the Land Court as constituted by a member, have the matter reheard by the court as constituted by a member.\nThe party must apply to have the matter reheard within 42 days after the order containing the decision of the judicial registrar is made, unless a longer period is allowed by the court.\nIf the court grants leave, it may do so on conditions, including, for example, a condition about—\nthe evidence to be adduced; or\nthe submission to be presented; or\nthe nature of the rehearing.\ns 31 amd 2013 No. 35 s 109\n(sec.31-ssec.1) A party to a proceeding who is dissatisfied with a judicial registrar’s decision in the proceeding may, with the leave of the Land Court as constituted by a member, have the matter reheard by the court as constituted by a member.\n(sec.31-ssec.2) The party must apply to have the matter reheard within 42 days after the order containing the decision of the judicial registrar is made, unless a longer period is allowed by the court.\n(sec.31-ssec.3) If the court grants leave, it may do so on conditions, including, for example, a condition about— the evidence to be adduced; or the submission to be presented; or the nature of the rehearing.\n- (a) the evidence to be adduced; or\n- (b) the submission to be presented; or\n- (c) the nature of the rehearing.","sortOrder":53},{"sectionNumber":"pt.2-div.6A","sectionType":"division","heading":"Indigenous assessors","content":"## Indigenous assessors","sortOrder":54},{"sectionNumber":"sec.32A","sectionType":"section","heading":"Indigenous assessors","content":"### sec.32A Indigenous assessors\n\nThe Governor in Council may appoint indigenous assessors to perform functions for prescribed proceedings to which they are allocated.\nA person is eligible to be appointed as an indigenous assessor only if—\nthe person—\nhas 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\nhas researched, and published in journals of high academic quality, in the field of anthropology, history, law, public administration or indigenous issues; and\nthe person has, in the opinion of the Governor in Council, a high level of knowledge of or experience in 2 or more of the following—\ncross-cultural issues;\nresolving cultural heritage issues;\nindigenous issues;\nsomething else considered by the Governor in Council to have substantial relevance to the duties of an indigenous assessor.\nA member is not eligible for appointment as an indigenous assessor.\nAn indigenous assessor who is allocated to a prescribed proceeding is an officer of the Land Court for the proceeding.\ns 32A ins 2007 No. 39 s 23\namd 2013 No. 2 s 136\n(sec.32A-ssec.1) The Governor in Council may appoint indigenous assessors to perform functions for prescribed proceedings to which they are allocated.\n(sec.32A-ssec.2) A person is eligible to be appointed as an indigenous assessor only if— the person— 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 has researched, and published in journals of high academic quality, in the field of anthropology, history, law, public administration or indigenous issues; and the person has, in the opinion of the Governor in Council, a high level of knowledge of or experience in 2 or more of the following— cross-cultural issues; resolving cultural heritage issues; indigenous issues; something else considered by the Governor in Council to have substantial relevance to the duties of an indigenous assessor.\n(sec.32A-ssec.3) A member is not eligible for appointment as an indigenous assessor.\n(sec.32A-ssec.4) An indigenous assessor who is allocated to a prescribed proceeding is an officer of the Land Court for the proceeding.\n- (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\n- (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\n- (ii) has researched, and published in journals of high academic quality, in the field of anthropology, history, law, public administration or indigenous issues; and\n- (b) the person has, in the opinion of the Governor in Council, a high level of knowledge of or experience in 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 assessor.\n- (i) cross-cultural issues;\n- (ii) resolving cultural heritage issues;\n- (iii) indigenous issues;\n- (iv) something else considered by the Governor in Council to have substantial relevance to the duties of an indigenous assessor.\n- (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\n- (ii) has researched, and published in journals of high academic quality, in the field of anthropology, history, law, public administration or indigenous issues; and\n- (i) cross-cultural issues;\n- (ii) resolving cultural heritage issues;\n- (iii) indigenous issues;\n- (iv) something else considered by the Governor in Council to have substantial relevance to the duties of an indigenous assessor.","sortOrder":55},{"sectionNumber":"sec.32B","sectionType":"section","heading":"Conditions of appointment of indigenous assessor","content":"### sec.32B Conditions of appointment of indigenous assessor\n\nThe remuneration and allowances payable to an indigenous assessor are the remuneration and allowances decided by the Governor in Council.\nAn indigenous assessor holds office as an indigenous assessor on the conditions, including the indigenous assessor’s term of appointment, decided by the Governor in Council.\nAn indigenous assessor is appointed under this Act and not under the Public Sector Act 2022 .\nAn indigenous assessor may resign by giving a signed notice of resignation to the Minister.\ns 32B ins 2007 No. 39 s 23\namd 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.32B-ssec.1) The remuneration and allowances payable to an indigenous assessor are the remuneration and allowances decided by the Governor in Council.\n(sec.32B-ssec.2) An indigenous assessor holds office as an indigenous assessor on the conditions, including the indigenous assessor’s term of appointment, decided by the Governor in Council.\n(sec.32B-ssec.3) An indigenous assessor is appointed under this Act and not under the Public Sector Act 2022 .\n(sec.32B-ssec.4) An indigenous assessor may resign by giving a signed notice of resignation to the Minister.","sortOrder":56},{"sectionNumber":"sec.32C","sectionType":"section","heading":"Allocation of indigenous assessor for a prescribed proceeding","content":"### sec.32C Allocation of indigenous assessor for a prescribed proceeding\n\nThe president may allocate an indigenous assessor to a prescribed proceeding if the president is satisfied the allocation will help to achieve the prompt and efficient conduct of the proceeding.\nThe president is not required to allocate an indigenous assessor to a prescribed proceeding.\ns 32C ins 2007 No. 39 s 23\namd 2013 No. 2 s 137\n(sec.32C-ssec.1) The president may allocate an indigenous assessor to a prescribed proceeding if the president is satisfied the allocation will help to achieve the prompt and efficient conduct of the proceeding.\n(sec.32C-ssec.2) The president is not required to allocate an indigenous assessor to a prescribed proceeding.","sortOrder":57},{"sectionNumber":"sec.32D","sectionType":"section","heading":"Role of indigenous assessor for a prescribed proceeding","content":"### sec.32D Role of indigenous assessor for a prescribed proceeding\n\nThe role of an indigenous assessor for a prescribed proceeding is to advise the court about matters within the indigenous assessor’s knowledge or experience that are relevant to a question arising in the proceeding.\nThe indigenous assessor does not form part of the Land Court for the proceeding.\nIt is not necessary for the indigenous assessor to be present for all of the proceeding.\nAll advice given under subsection (1) must be disclosed to the parties to the proceeding, and the parties must be given an opportunity to make submissions on the content of the advice.\ns 32D ins 2007 No. 39 s 23\namd 2013 No. 2 s 138\n(sec.32D-ssec.1) The role of an indigenous assessor for a prescribed proceeding is to advise the court about matters within the indigenous assessor’s knowledge or experience that are relevant to a question arising in the proceeding.\n(sec.32D-ssec.2) The indigenous assessor does not form part of the Land Court for the proceeding.\n(sec.32D-ssec.3) It is not necessary for the indigenous assessor to be present for all of the proceeding.\n(sec.32D-ssec.4) All advice given under subsection (1) must be disclosed to the parties to the proceeding, and the parties must be given an opportunity to make submissions on the content of the advice.","sortOrder":58},{"sectionNumber":"pt.2-div.6B","sectionType":"division","heading":"Jurisdiction of Land Court in relation to native title and cultural heritage matters","content":"## Jurisdiction of Land Court in relation to native title and cultural heritage matters","sortOrder":59},{"sectionNumber":"sec.32E","sectionType":"section","heading":"Jurisdiction under Commonwealth Native Title Act","content":"### sec.32E Jurisdiction under Commonwealth Native Title Act\n\nThis section applies if, under the Commonwealth Native Title Act —\na claimant or body corporate objects to the doing of an act; and\nthe State is required to ensure that the objection to the doing of the act is heard by an independent person or body.\nThe Land Court has jurisdiction to hear the objection.\ns 32E ins 2007 No. 39 s 23\namd 2020 No. 15 s 95\n(sec.32E-ssec.1) This section applies if, under the Commonwealth Native Title Act — a claimant or body corporate objects to the doing of an act; and the State is required to ensure that the objection to the doing of the act is heard by an independent person or body.\n(sec.32E-ssec.2) The Land Court has jurisdiction to hear the objection.\n- (a) a claimant or body corporate objects to the doing of an act; and\n- (b) the State is required to ensure that the objection to the doing of the act is heard by an independent person or body.","sortOrder":60},{"sectionNumber":"sec.32F","sectionType":"section","heading":"Jurisdiction for registered indigenous land use agreements","content":"### sec.32F Jurisdiction for registered indigenous land use agreements\n\nThis section applies if—\nthere is a registered indigenous land use agreement under the Commonwealth Native Title Act ; and\nthe State is a party to the agreement; and\nthe agreement provides for a matter arising under the agreement to be referred to the LRT or the Land Court for—\nmediation of the matter; or\nthe making of a recommendation about the matter; or\nthe making of a decision about the matter.\nThe Land Court has jurisdiction—\nif subsection (1) (c) (i) applies—to mediate the matter under section 27C ; or\nif subsection (1) (c) (ii) applies—to make a recommendation about the matter; or\nif subsection (1) (c) (iii) applies—to make a decision about the matter.\ns 32F ins 2007 No. 39 s 23\namd 2020 No. 15 ss 96 , 122\n(sec.32F-ssec.1) This section applies if— there is a registered indigenous land use agreement under the Commonwealth Native Title Act ; and the State is a party to the agreement; and the agreement provides for a matter arising under the agreement to be referred to the LRT or the Land Court for— mediation of the matter; or the making of a recommendation about the matter; or the making of a decision about the matter.\n(sec.32F-ssec.2) The Land Court has jurisdiction— if subsection (1) (c) (i) applies—to mediate the matter under section 27C ; or if subsection (1) (c) (ii) applies—to make a recommendation about the matter; or if subsection (1) (c) (iii) applies—to make a decision about the matter.\n- (a) there is a registered indigenous land use agreement under the Commonwealth Native Title Act ; and\n- (b) the State is a party to the agreement; and\n- (c) the agreement provides for a matter arising under the agreement to be referred to the LRT or the Land Court for— (i) mediation of the matter; or (ii) the making of a recommendation about the matter; or (iii) the making of a decision about the matter.\n- (i) mediation of the matter; or\n- (ii) the making of a recommendation about the matter; or\n- (iii) the making of a decision about the matter.\n- (i) mediation of the matter; or\n- (ii) the making of a recommendation about the matter; or\n- (iii) the making of a decision about the matter.\n- (a) if subsection (1) (c) (i) applies—to mediate the matter under section 27C ; or\n- (b) if subsection (1) (c) (ii) applies—to make a recommendation about the matter; or\n- (c) if subsection (1) (c) (iii) applies—to make a decision about the matter.","sortOrder":61},{"sectionNumber":"sec.32G","sectionType":"section","heading":"Jurisdiction for negotiated agreements","content":"### sec.32G Jurisdiction for negotiated agreements\n\nA party to a negotiated agreement may apply to the Land Court for an order—\nfor the enforcement of a negotiated agreement; or\ndeciding a matter arising under a negotiated agreement; or\nmaking a declaration about the interpretation of a negotiated agreement.\nThe Land Court must hear and decide an application under subsection (1) and may make the order it considers appropriate.\nWithout limiting subsections (1) and (2) , a reference in a negotiated agreement to the LRT must, if the context permits, be taken to be a reference to the Land Court.\nIn this section—\nnegotiated agreement means an agreement obtained under the Commonwealth Native Title Act , section 31 (1) (b) .\ns 32G ins 2007 No. 39 s 23\namd 2012 No. 20 s 323 sch 3 ; 2014 No. 47 s 347 ; 2020 No. 15 s 97\n(sec.32G-ssec.1) A party to a negotiated agreement may apply to the Land Court for an order— for the enforcement of a negotiated agreement; or deciding a matter arising under a negotiated agreement; or making a declaration about the interpretation of a negotiated agreement.\n(sec.32G-ssec.2) The Land Court must hear and decide an application under subsection (1) and may make the order it considers appropriate.\n(sec.32G-ssec.3) Without limiting subsections (1) and (2) , a reference in a negotiated agreement to the LRT must, if the context permits, be taken to be a reference to the Land Court.\n(sec.32G-ssec.4) In this section— negotiated agreement means an agreement obtained under the Commonwealth Native Title Act , section 31 (1) (b) .\n- (a) for the enforcement of a negotiated agreement; or\n- (b) deciding a matter arising under a negotiated agreement; or\n- (c) making a declaration about the interpretation of a negotiated agreement.","sortOrder":62},{"sectionNumber":"sec.32H","sectionType":"section","heading":"Jurisdiction for particular cultural heritage matters","content":"### sec.32H Jurisdiction for particular cultural heritage matters\n\nA group, or a member of a group, may apply to the Land Court for an injunction under this section to stop the doing of an act.\nThe Land Court must hear and decide an application under subsection (1) and may grant the injunction only if the court is satisfied that—\nthe person against whom the injunction is sought is doing the act, or there are reasonable grounds for concluding that the person is likely to do the act; and\nthe act is a relevant act; and\nthe applicant has standing to make the application; and\nit is necessary to grant the injunction to stop the person doing the act.\nFor this section, a group or member of a group has standing to make an application if the group has a traditional, historic or custodial interest in—\nif the relevant act is a contravention of an Aboriginal cultural heritage protection provision—the Aboriginal cultural heritage to which the contravention relates; or\nif the relevant act is a contravention of a Torres Strait Islander cultural heritage protection provision—the Torres Strait Islander cultural heritage to which the contravention relates; or\nif neither paragraph (a) nor paragraph (b) applies—an item, place or area of cultural significance that may be adversely affected by the doing of the act the subject of the application.\nIn this section—\nAboriginal cultural heritage protection provision means the Aboriginal Cultural Heritage Act 2003 , section 24 (1) , 25 (1) or 26 (1) .\ngroup means a group of Aboriginal people or Torres Strait Islanders.\nrelevant act means an act that is a contravention of—\nan Aboriginal cultural heritage protection provision; or\na Torres Strait Islander cultural heritage protection provision; or\na provision of another Act providing for the protection or preservation or access to, items, places or areas of cultural significance to Aboriginal people or Torres Strait Islanders.\nTorres Strait Islander cultural heritage protection provision means the Torres Strait Islander Cultural Heritage Act 2003 , section 24 (1) , 25 (1) or 26 (1) .\ns 32H ins 2007 No. 39 s 23\namd 2020 No. 15 s 98\n(sec.32H-ssec.1) A group, or a member of a group, may apply to the Land Court for an injunction under this section to stop the doing of an act.\n(sec.32H-ssec.2) The Land Court must hear and decide an application under subsection (1) and may grant the injunction only if the court is satisfied that— the person against whom the injunction is sought is doing the act, or there are reasonable grounds for concluding that the person is likely to do the act; and the act is a relevant act; and the applicant has standing to make the application; and it is necessary to grant the injunction to stop the person doing the act.\n(sec.32H-ssec.3) For this section, a group or member of a group has standing to make an application if the group has a traditional, historic or custodial interest in— if the relevant act is a contravention of an Aboriginal cultural heritage protection provision—the Aboriginal cultural heritage to which the contravention relates; or if the relevant act is a contravention of a Torres Strait Islander cultural heritage protection provision—the Torres Strait Islander cultural heritage to which the contravention relates; or if neither paragraph (a) nor paragraph (b) applies—an item, place or area of cultural significance that may be adversely affected by the doing of the act the subject of the application.\n(sec.32H-ssec.4) In this section— Aboriginal cultural heritage protection provision means the Aboriginal Cultural Heritage Act 2003 , section 24 (1) , 25 (1) or 26 (1) . group means a group of Aboriginal people or Torres Strait Islanders. relevant act means an act that is a contravention of— an Aboriginal cultural heritage protection provision; or a Torres Strait Islander cultural heritage protection provision; or a provision of another Act providing for the protection or preservation or access to, items, places or areas of cultural significance to Aboriginal people or Torres Strait Islanders. Torres Strait Islander cultural heritage protection provision means the Torres Strait Islander Cultural Heritage Act 2003 , section 24 (1) , 25 (1) or 26 (1) .\n- (a) the person against whom the injunction is sought is doing the act, or there are reasonable grounds for concluding that the person is likely to do the act; and\n- (b) the act is a relevant act; and\n- (c) the applicant has standing to make the application; and\n- (d) it is necessary to grant the injunction to stop the person doing the act.\n- (a) if the relevant act is a contravention of an Aboriginal cultural heritage protection provision—the Aboriginal cultural heritage to which the contravention relates; or\n- (b) if the relevant act is a contravention of a Torres Strait Islander cultural heritage protection provision—the Torres Strait Islander cultural heritage to which the contravention relates; or\n- (c) if neither paragraph (a) nor paragraph (b) applies—an item, place or area of cultural significance that may be adversely affected by the doing of the act the subject of the application.\n- (a) an Aboriginal cultural heritage protection provision; or\n- (b) a Torres Strait Islander cultural heritage protection provision; or\n- (c) a provision of another Act providing for the protection or preservation or access to, items, places or areas of cultural significance to Aboriginal people or Torres Strait Islanders.","sortOrder":63},{"sectionNumber":"sec.32I","sectionType":"section","heading":null,"content":"### Section sec.32I\n\ns 32I ins 2007 No. 39 s 23\namd 2012 No. 20 s 323 sch 3\nom 2014 No. 47 s 348","sortOrder":64},{"sectionNumber":"pt.2-div.6C","sectionType":"division","heading":null,"content":"","sortOrder":65},{"sectionNumber":"pt.2-div.7","sectionType":"division","heading":null,"content":"","sortOrder":66},{"sectionNumber":"pt.2-div.8","sectionType":"division","heading":null,"content":"","sortOrder":67},{"sectionNumber":"pt.2-div.9","sectionType":"division","heading":"Conditions of members","content":"## Conditions of members","sortOrder":68},{"sectionNumber":"sec.38","sectionType":"section","heading":"Remuneration","content":"### sec.38 Remuneration\n\nThe salary and allowances of the president and other members are provided for by the Judicial Remuneration Act 2007 .\ns 38 sub 2007 No. 55 s 54 sch 1","sortOrder":69},{"sectionNumber":"sec.39","sectionType":"section","heading":"Leave of absence","content":"### sec.39 Leave of absence\n\nThe Judges (Pensions and Long Leave) Act 1957 , section 15 , applies to a member as if a reference to a judge included a reference to a member.\nHowever, for the purpose of applying section 15 of that Act for leave of absence of members, the prescribed authority is—\nfor leave of absence to the president—the Chief Justice; or\nfor leave of absence to another member—the president.\nSubsection (1) does not apply to an acting member.\ns 39 amd 2007 No. 39 s 24 ; 2008 No. 59 s 81 ; 2020 No. 15 s 99\n(sec.39-ssec.1) The Judges (Pensions and Long Leave) Act 1957 , section 15 , applies to a member as if a reference to a judge included a reference to a member.\n(sec.39-ssec.2) However, for the purpose of applying section 15 of that Act for leave of absence of members, the prescribed authority is— for leave of absence to the president—the Chief Justice; or for leave of absence to another member—the president.\n(sec.39-ssec.3) Subsection (1) does not apply to an acting member.\n- (a) for leave of absence to the president—the Chief Justice; or\n- (b) for leave of absence to another member—the president.","sortOrder":70},{"sectionNumber":"sec.40","sectionType":"section","heading":"Pension benefits to members","content":"### sec.40 Pension benefits to members\n\nThe Judges (Pensions and Long Leave) Act 1957 , other than sections  2AA , 8C , 15 and 15A , apply to a member as if a reference to a judge included a reference to a member.\nSubsection (1) does not apply to—\nan acting member; or\na member for whom eligible contributions are being paid to the member’s chosen fund at the time of the member’s appointment as a member, if the member elects to continue to have eligible contributions paid to the member’s chosen fund.\nAn election under subsection (2) (b) must be made within 3 months after the member’s appointment, by written notice given to—\nthe chief executive; and\nfor a member whose chosen fund is the scheme under the State Public Sector Superannuation Act —the trustee under that Act.\nIf a member for whom eligible contributions are being paid to the scheme under the State Public Sector Superannuation Act at the time of the member’s appointment as a member does not elect to continue to have eligible contributions paid to the scheme, the member, in relation to the scheme—\nis taken to have ceased to be a public service officer on the day of the appointment; and\nif the member is less than 55 years—is treated as if he or she had resigned; and\nif the member is 55 years or more—is treated as if he or she had retired.\nIn this section—\nchosen fund , for a member, means—\nthe scheme under the State Public Sector Superannuation Act ; or\nanother fund to which eligible contributions are paid for the member under the State Public Sector Superannuation Act , part 5 .\neligible contributions means contributions paid at the rate and frequency prescribed under the State Public Sector Superannuation Act for employees of a unit of the State public sector as defined under that Act.\nState Public Sector Superannuation Act means the Superannuation (State Public Sector) Act 1990 .\ns 40 amd 2007 No. 55 s 54 sch 1 ; 2016 No. 64 s 79 sch 1 ; 2021 No. 20 s 59 sch 1\n(sec.40-ssec.1) The Judges (Pensions and Long Leave) Act 1957 , other than sections  2AA , 8C , 15 and 15A , apply to a member as if a reference to a judge included a reference to a member.\n(sec.40-ssec.2) Subsection (1) does not apply to— an acting member; or a member for whom eligible contributions are being paid to the member’s chosen fund at the time of the member’s appointment as a member, if the member elects to continue to have eligible contributions paid to the member’s chosen fund.\n(sec.40-ssec.3) An election under subsection (2) (b) must be made within 3 months after the member’s appointment, by written notice given to— the chief executive; and for a member whose chosen fund is the scheme under the State Public Sector Superannuation Act —the trustee under that Act.\n(sec.40-ssec.4) If a member for whom eligible contributions are being paid to the scheme under the State Public Sector Superannuation Act at the time of the member’s appointment as a member does not elect to continue to have eligible contributions paid to the scheme, the member, in relation to the scheme— is taken to have ceased to be a public service officer on the day of the appointment; and if the member is less than 55 years—is treated as if he or she had resigned; and if the member is 55 years or more—is treated as if he or she had retired.\n(sec.40-ssec.5) In this section— chosen fund , for a member, means— the scheme under the State Public Sector Superannuation Act ; or another fund to which eligible contributions are paid for the member under the State Public Sector Superannuation Act , part 5 . eligible contributions means contributions paid at the rate and frequency prescribed under the State Public Sector Superannuation Act for employees of a unit of the State public sector as defined under that Act. State Public Sector Superannuation Act means the Superannuation (State Public Sector) Act 1990 .\n- (a) an acting member; or\n- (b) a member for whom eligible contributions are being paid to the member’s chosen fund at the time of the member’s appointment as a member, if the member elects to continue to have eligible contributions paid to the member’s chosen fund.\n- (a) the chief executive; and\n- (b) for a member whose chosen fund is the scheme under the State Public Sector Superannuation Act —the trustee under that Act.\n- (a) is taken to have ceased to be a public service officer on the day of the appointment; and\n- (b) if the member is less than 55 years—is treated as if he or she had resigned; and\n- (c) if the member is 55 years or more—is treated as if he or she had retired.\n- (a) the scheme under the State Public Sector Superannuation Act ; or\n- (b) another fund to which eligible contributions are paid for the member under the State Public Sector Superannuation Act , part 5 .","sortOrder":71},{"sectionNumber":"sec.41","sectionType":"section","heading":"Calculation of length of service as a member","content":"### sec.41 Calculation of length of service as a member\n\nTo calculate a member’s length of service for sections 39 and 40 , every period the member has served as a member is to be counted.\nIf a person who was an acting member later becomes a member, the person’s period of service as an acting member is counted to calculate the person’s length of service as a member.\n(sec.41-ssec.1) To calculate a member’s length of service for sections 39 and 40 , every period the member has served as a member is to be counted.\n(sec.41-ssec.2) If a person who was an acting member later becomes a member, the person’s period of service as an acting member is counted to calculate the person’s length of service as a member.","sortOrder":72},{"sectionNumber":"sec.42","sectionType":"section","heading":"Retirement of members","content":"### sec.42 Retirement of members\n\nA member must retire on reaching 70 years of age.\nDespite subsection (1) , a member who, before reaching 70 years of age, starts the hearing of a proceeding may remain a member until the proceeding ends.\ns 42 amd 2004 No. 43 s 62\n(sec.42-ssec.1) A member must retire on reaching 70 years of age.\n(sec.42-ssec.2) Despite subsection (1) , a member who, before reaching 70 years of age, starts the hearing of a proceeding may remain a member until the proceeding ends.","sortOrder":73},{"sectionNumber":"sec.43","sectionType":"section","heading":"Removal from office or suspension","content":"### sec.43 Removal from office or suspension\n\nA member of the Land Court must not be removed from office except by the Governor on an address by the Legislative Assembly for proven incapacity or misbehaviour.\nIf the Legislative Assembly is not sitting, the Governor in Council may suspend the member.\nThe grounds for suspension must be laid before the Legislative Assembly within 7 sitting days after the suspension.\nThe Legislative Assembly must either confirm or withdraw the suspension.\n(sec.43-ssec.1) A member of the Land Court must not be removed from office except by the Governor on an address by the Legislative Assembly for proven incapacity or misbehaviour.\n(sec.43-ssec.2) If the Legislative Assembly is not sitting, the Governor in Council may suspend the member.\n(sec.43-ssec.3) The grounds for suspension must be laid before the Legislative Assembly within 7 sitting days after the suspension.\n(sec.43-ssec.4) The Legislative Assembly must either confirm or withdraw the suspension.","sortOrder":74},{"sectionNumber":"sec.44","sectionType":"section","heading":"Non-application of ss 38 – 41 to certain members","content":"### sec.44 Non-application of ss 38 – 41 to certain members\n\nSections 38 to 41 do not apply to a member appointed to the Land Court under section 17 .","sortOrder":75},{"sectionNumber":"pt.2-div.10","sectionType":"division","heading":"Conditions of judicial registrars","content":"## Conditions of judicial registrars","sortOrder":76},{"sectionNumber":"sec.45","sectionType":"section","heading":"Conditions of appointment","content":"### sec.45 Conditions of appointment\n\nA judicial registrar is appointed under this Act and not under the Public Sector Act 2022 .\nA judicial registrar is paid the salary and allowances approved by the Governor in Council.\nA judicial registrar holds office on the conditions not provided for by this Act approved by the Governor in Council.\nThe office of judicial registrar is not subject to any industrial instrument or any decision or rule of an industrial tribunal.\nWhen a judicial registrar is appointed, the judicial registrar’s salary, allowances and conditions are to be published in the gazette.\nA judicial registrar’s salary and allowances may not be reduced and any change to the judicial registrar’s salary, allowances or conditions must be published in the gazette.\ns 45 amd 2009 No. 25 s 83 sch ; 2016 No. 63 s 1157 sch 6 ; 2022 No. 34 s 365 sch 3\n(sec.45-ssec.1) A judicial registrar is appointed under this Act and not under the Public Sector Act 2022 .\n(sec.45-ssec.2) A judicial registrar is paid the salary and allowances approved by the Governor in Council.\n(sec.45-ssec.3) A judicial registrar holds office on the conditions not provided for by this Act approved by the Governor in Council.\n(sec.45-ssec.4) The office of judicial registrar is not subject to any industrial instrument or any decision or rule of an industrial tribunal.\n(sec.45-ssec.5) When a judicial registrar is appointed, the judicial registrar’s salary, allowances and conditions are to be published in the gazette.\n(sec.45-ssec.6) A judicial registrar’s salary and allowances may not be reduced and any change to the judicial registrar’s salary, allowances or conditions must be published in the gazette.","sortOrder":77},{"sectionNumber":"sec.46","sectionType":"section","heading":"Retirement of judicial registrars","content":"### sec.46 Retirement of judicial registrars\n\nA judicial registrar must retire on reaching 70 years of age.\nDespite subsection (1) , a judicial registrar who, before reaching 70 years of age, starts the hearing of a proceeding may remain a judicial registrar until the hearing ends.\n(sec.46-ssec.1) A judicial registrar must retire on reaching 70 years of age.\n(sec.46-ssec.2) Despite subsection (1) , a judicial registrar who, before reaching 70 years of age, starts the hearing of a proceeding may remain a judicial registrar until the hearing ends.","sortOrder":78},{"sectionNumber":"sec.47","sectionType":"section","heading":"Preservation of rights","content":"### sec.47 Preservation of rights\n\nThis section applies to a person appointed as a judicial registrar or acting judicial registrar if, immediately before the appointment, the person was an employee of a prescribed authority (the relevant prescribed authority ).\nThe person keeps the rights the person has accrued because of employment by a prescribed authority, or that would accrue in the future to the person because of that employment, as if service as a judicial registrar or acting judicial registrar were a continuation of the person’s service as an employee of the relevant prescribed authority.\nSubsection (4) applies if the person stops being a judicial registrar or acting judicial registrar, other than because the person is removed from office under section 28 (3) .\nThe person is entitled to be appointed to a position in the relevant prescribed authority at the classification level of the substantive position in which the person was employed at the relevant prescribed authority immediately before the person’s appointment as judicial registrar or acting judicial registrar.\nSubsection (6) applies if the person stops being a judicial registrar or acting judicial registrar because the person is appointed to a position in a prescribed authority.\nThe person’s service as judicial registrar or acting judicial registrar is taken to be service of a like nature with the prescribed authority for working out the person’s rights as an employee of the prescribed authority.\nIn this section—\nclassification level , at a prescribed authority, includes another level, however described, reflecting seniority at the prescribed authority.\nemployee , of a prescribed authority, means—\na public service officer employed by the prescribed authority; or\na police officer employed by the prescribed authority; or\na person, other than a person mentioned in paragraph (a) or (b) or a person employed on a temporary or casual basis, employed by the prescribed authority.\nprescribed authority means—\na department; or\nthe Crime and Corruption Commission; or\nLegal Aid Queensland; or\nthe Queensland Police Service; or\nanother entity prescribed by regulation.\ns 47 sub 2020 No. 15 s 100\n(sec.47-ssec.1) This section applies to a person appointed as a judicial registrar or acting judicial registrar if, immediately before the appointment, the person was an employee of a prescribed authority (the relevant prescribed authority ).\n(sec.47-ssec.2) The person keeps the rights the person has accrued because of employment by a prescribed authority, or that would accrue in the future to the person because of that employment, as if service as a judicial registrar or acting judicial registrar were a continuation of the person’s service as an employee of the relevant prescribed authority.\n(sec.47-ssec.3) Subsection (4) applies if the person stops being a judicial registrar or acting judicial registrar, other than because the person is removed from office under section 28 (3) .\n(sec.47-ssec.4) The person is entitled to be appointed to a position in the relevant prescribed authority at the classification level of the substantive position in which the person was employed at the relevant prescribed authority immediately before the person’s appointment as judicial registrar or acting judicial registrar.\n(sec.47-ssec.5) Subsection (6) applies if the person stops being a judicial registrar or acting judicial registrar because the person is appointed to a position in a prescribed authority.\n(sec.47-ssec.6) The person’s service as judicial registrar or acting judicial registrar is taken to be service of a like nature with the prescribed authority for working out the person’s rights as an employee of the prescribed authority.\n(sec.47-ssec.7) In this section— classification level , at a prescribed authority, includes another level, however described, reflecting seniority at the prescribed authority. employee , of a prescribed authority, means— a public service officer employed by the prescribed authority; or a police officer employed by the prescribed authority; or a person, other than a person mentioned in paragraph (a) or (b) or a person employed on a temporary or casual basis, employed by the prescribed authority. prescribed authority means— a department; or the Crime and Corruption Commission; or Legal Aid Queensland; or the Queensland Police Service; or another entity prescribed by regulation.\n- (a) a public service officer employed by the prescribed authority; or\n- (b) a police officer employed by the prescribed authority; or\n- (c) a person, other than a person mentioned in paragraph (a) or (b) or a person employed on a temporary or casual basis, employed by the prescribed authority.\n- (a) a department; or\n- (b) the Crime and Corruption Commission; or\n- (c) Legal Aid Queensland; or\n- (d) the Queensland Police Service; or\n- (e) another entity prescribed by regulation.","sortOrder":79},{"sectionNumber":"pt.2-div.11","sectionType":"division","heading":"Other officials and registry","content":"## Other officials and registry","sortOrder":80},{"sectionNumber":"sec.48","sectionType":"section","heading":"Registrar, deputy registrars and other officers","content":"### sec.48 Registrar, deputy registrars and other officers\n\nThere is to be a registrar of the Land Court.\nDeputy registrars and other officers necessary for the proper administration of the Act may also be appointed.\nThe registrar, deputy registrars and other officers are to be employed under the Public Sector Act 2022 .\ns 48 amd 2009 No. 25 s 83 sch ; 2013 No. 35 s 114 ; 2022 No. 34 s 365 sch 3\n(sec.48-ssec.1) There is to be a registrar of the Land Court.\n(sec.48-ssec.2) Deputy registrars and other officers necessary for the proper administration of the Act may also be appointed.\n(sec.48-ssec.3) The registrar, deputy registrars and other officers are to be employed under the Public Sector Act 2022 .","sortOrder":81},{"sectionNumber":"sec.49","sectionType":"section","heading":"Functions and powers of registrar and deputy registrars","content":"### sec.49 Functions and powers of registrar and deputy registrars\n\nThe registrar and deputy registrars have the functions given under this Act or another Act.\nThe registrar and deputy registrars have the power to do all things necessary or convenient to be done to perform the functions.\nThe registrar or a deputy registrar must not exercise a judicial or quasi-judicial power.\n(sec.49-ssec.1) The registrar and deputy registrars have the functions given under this Act or another Act.\n(sec.49-ssec.2) The registrar and deputy registrars have the power to do all things necessary or convenient to be done to perform the functions.\n(sec.49-ssec.3) The registrar or a deputy registrar must not exercise a judicial or quasi-judicial power.","sortOrder":82},{"sectionNumber":"sec.50","sectionType":"section","heading":"Delegation by registrar","content":"### sec.50 Delegation by registrar\n\nThe registrar may delegate the registrar’s functions or powers under this Act or another Act to the deputy registrar.\nThe registrar may, with the president’s approval, delegate the registrar’s functions or powers under this Act to an appropriately qualified officer of the Land Court.\ns 50 amd 2020 No. 15 s 101\n(sec.50-ssec.1) The registrar may delegate the registrar’s functions or powers under this Act or another Act to the deputy registrar.\n(sec.50-ssec.2) The registrar may, with the president’s approval, delegate the registrar’s functions or powers under this Act to an appropriately qualified officer of the Land Court.","sortOrder":83},{"sectionNumber":"sec.50A","sectionType":"section","heading":"Associates","content":"### sec.50A Associates\n\nThe president may appoint a person nominated by a member as an associate to the member.\nAn associate is to be paid the remuneration and allowances decided by the Governor in Council.\nAn associate holds office on the terms and conditions decided by the Governor in Council.\nAn associate is appointed under this Act and not under the Public Sector Act 2022 .\ns 50A ins 2020 No. 15 s 102\namd 2022 No. 34 s 365 sch 3\n(sec.50A-ssec.1) The president may appoint a person nominated by a member as an associate to the member.\n(sec.50A-ssec.2) An associate is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.50A-ssec.3) An associate holds office on the terms and conditions decided by the Governor in Council.\n(sec.50A-ssec.4) An associate is appointed under this Act and not under the Public Sector Act 2022 .","sortOrder":84},{"sectionNumber":"sec.51","sectionType":"section","heading":"Registries","content":"### sec.51 Registries\n\nThe registry of the Land Court is at Brisbane.\nThe registry is under the control of the registrar.\nThe registrar may give directions to the deputy registrars and other officers employed in the registry.\n(sec.51-ssec.1) The registry of the Land Court is at Brisbane.\n(sec.51-ssec.2) The registry is under the control of the registrar.\n(sec.51-ssec.3) The registrar may give directions to the deputy registrars and other officers employed in the registry.","sortOrder":85},{"sectionNumber":"sec.52","sectionType":"section","heading":"Court records","content":"### sec.52 Court records\n\nThe registrar must keep minutes of the proceedings and records of the decisions of the Land Court and perform the other duties the president directs.\ns 52 amd 2013 No. 35 s 115","sortOrder":86},{"sectionNumber":"pt.2-div.12","sectionType":"division","heading":"Provisions about recommendatory provisions","content":"## Provisions about recommendatory provisions","sortOrder":87},{"sectionNumber":"sec.52A","sectionType":"section","heading":"Meaning of recommendatory provision","content":"### sec.52A Meaning of recommendatory provision\n\nIn this division—\nrecommendatory provision means—\nsection 32F ; or\nthe Aboriginal Cultural Heritage Act 2003 , part 6 , division 5 and part 7 , division 6 ; or\nthe Environmental Protection Act 1994 , chapter 5 , part 5 , division 3 , subdivision 3 ; or\nthe following provisions of the Mineral Resources Act 1989 —\nsections 72 and 75 to 78 ;\nsections 265 , 268 and 269 ;\nsection 318BC ; or\nthe Petroleum and Gas (Production and Safety) Act 2004 , sections 320 and 363I ; or\nthe Torres Strait Islander Cultural Heritage Act 2003 , part 6 , division 5 and part 7 , division 6 ; or\nanother provision of this Act or another Act that confers an administrative function on the Land Court.\ns 52A ins 2017 No. 17 s 144\n- (a) section 32F ; or\n- (b) the Aboriginal Cultural Heritage Act 2003 , part 6 , division 5 and part 7 , division 6 ; or\n- (c) the Environmental Protection Act 1994 , chapter 5 , part 5 , division 3 , subdivision 3 ; or\n- (d) the following provisions of the Mineral Resources Act 1989 — (i) sections 72 and 75 to 78 ; (ii) sections 265 , 268 and 269 ; (iii) section 318BC ; or\n- (i) sections 72 and 75 to 78 ;\n- (ii) sections 265 , 268 and 269 ;\n- (iii) section 318BC ; or\n- (e) the Petroleum and Gas (Production and Safety) Act 2004 , sections 320 and 363I ; or\n- (f) the Torres Strait Islander Cultural Heritage Act 2003 , part 6 , division 5 and part 7 , division 6 ; or\n- (g) another provision of this Act or another Act that confers an administrative function on the Land Court.\n- (i) sections 72 and 75 to 78 ;\n- (ii) sections 265 , 268 and 269 ;\n- (iii) section 318BC ; or","sortOrder":88},{"sectionNumber":"sec.52B","sectionType":"section","heading":"Application of Act","content":"### sec.52B Application of Act\n\nThe following provisions of this Act apply to the Land Court in the performance of a function conferred on the court under a recommendatory provision, with all necessary changes, as if the performance of the function under the recommendatory provision were a proceeding—\nsection 5 ;\nsection 7A (2) (a) and (c) and (3) ;\nsection 9 ;\nsection 12A ;\nsection 16 ;\nsection 22 ;\nsection 24 ;\nsection 25 ;\nsection 27 ;\nsection 27B ;\nsection 27C , other than to the extent the Civil Proceedings Act 2011 , part 6 refers to case appraisal;\nsection 42 ;\nsection 46 ;\nsection 52 .\nFor subsection (1) , section 27C applies to the Land Court in the performance of a function mentioned in the subsection as if a reference in section 27C (2) to section 27A were a reference to section 52C .\nSections 32A , 32C and 32D of this Act apply to the Land Court in the performance of a function conferred on the court under the following recommendatory provisions, with all necessary changes, as if the performance of the function under the recommendatory provision were a proceeding—\nthe Aboriginal Cultural Heritage Act 2003 , part 6 , division 5 and part 7 , division 6 ;\nthe Torres Strait Islander Cultural Heritage Act 2003 , part 6 , division 5 and part 7 , division 6 .\nIn this section—\nperformance , of a function, includes the exercise of a power.\ns 52B ins 2017 No. 17 s 144\namd 2020 No. 15 ss 104 , 130\n(sec.52B-ssec.1) The following provisions of this Act apply to the Land Court in the performance of a function conferred on the court under a recommendatory provision, with all necessary changes, as if the performance of the function under the recommendatory provision were a proceeding— section 5 ; section 7A (2) (a) and (c) and (3) ; section 9 ; section 12A ; section 16 ; section 22 ; section 24 ; section 25 ; section 27 ; section 27B ; section 27C , other than to the extent the Civil Proceedings Act 2011 , part 6 refers to case appraisal; section 42 ; section 46 ; section 52 .\n(sec.52B-ssec.2) For subsection (1) , section 27C applies to the Land Court in the performance of a function mentioned in the subsection as if a reference in section 27C (2) to section 27A were a reference to section 52C .\n(sec.52B-ssec.3) Sections 32A , 32C and 32D of this Act apply to the Land Court in the performance of a function conferred on the court under the following recommendatory provisions, with all necessary changes, as if the performance of the function under the recommendatory provision were a proceeding— the Aboriginal Cultural Heritage Act 2003 , part 6 , division 5 and part 7 , division 6 ; the Torres Strait Islander Cultural Heritage Act 2003 , part 6 , division 5 and part 7 , division 6 .\n(sec.52B-ssec.4) In this section— performance , of a function, includes the exercise of a power.\n- (a) section 5 ;\n- (b) section 7A (2) (a) and (c) and (3) ;\n- (c) section 9 ;\n- (d) section 12A ;\n- (e) section 16 ;\n- (f) section 22 ;\n- (g) section 24 ;\n- (h) section 25 ;\n- (i) section 27 ;\n- (j) section 27B ;\n- (k) section 27C , other than to the extent the Civil Proceedings Act 2011 , part 6 refers to case appraisal;\n- (l) section 42 ;\n- (m) section 46 ;\n- (n) section 52 .\n- (a) the Aboriginal Cultural Heritage Act 2003 , part 6 , division 5 and part 7 , division 6 ;\n- (b) the Torres Strait Islander Cultural Heritage Act 2003 , part 6 , division 5 and part 7 , division 6 .","sortOrder":89},{"sectionNumber":"sec.52C","sectionType":"section","heading":"Costs in relation to performing functions and exercising powers under recommendatory provisions","content":"### sec.52C Costs in relation to performing functions and exercising powers under recommendatory provisions\n\nThis section applies if the Land Court is performing a function conferred on the court under a recommendatory provision.\nEach party to the performance of the function must bear the party’s own costs in relation to the performance of the function.\nHowever, the Land Court may make an order for costs as it considers appropriate if a party has incurred costs in 1 or more of the following circumstances—\nfor the performance of a function in relation to a relevant objection made by a party—the Land Court considers that all or part of the objection—\nis outside the Land Court’s jurisdiction; or\nis frivolous or vexatious; or\nis an abuse of the Land Court’s process;\na party has not been given reasonable notice of an intention to apply for an adjournment of the performance of the function;\na party is required to apply for an adjournment of the performance of the function because of the conduct of another party;\nwithout limiting paragraph (c) , a party has introduced, or sought to introduce, new material;\na party has defaulted in the Land Court’s procedural requirements;\nfor a hearing under the Mineral Resources Act 1989 , section 78 or 268 in relation to an application for the grant of a mining claim or mining lease under that Act—\nthe applicant abandons the application or does not pursue the application at the hearing; or\na party who made an objection to the application under section 71 or 260 of that Act withdraws the objection or does not pursue the objection at the hearing.\nIn deciding the amount of costs, the Land Court may have regard to—\nthe scale of costs applying to another court; and\nany other matter the Land Court considers relevant.\nSection 7B applies in relation to an order made under subsection (3) .\nIn this section—\nperform , a function, includes exercise a power.\nrelevant objection means an objection made under—\nthe Aboriginal Cultural Heritage Act 2003 , section 76 or 111 ; or\nthe Environmental Protection Act 1994 , section 182 ; or\nthe Mineral Resources Act 1989 , section 71 or 260 ; or\nthe Torres Strait Islander Cultural Heritage Act 2003 , section 76 or 111 .\ns 52C ins 2020 No. 15 s 105\n(sec.52C-ssec.1) This section applies if the Land Court is performing a function conferred on the court under a recommendatory provision.\n(sec.52C-ssec.2) Each party to the performance of the function must bear the party’s own costs in relation to the performance of the function.\n(sec.52C-ssec.3) However, the Land Court may make an order for costs as it considers appropriate if a party has incurred costs in 1 or more of the following circumstances— for the performance of a function in relation to a relevant objection made by a party—the Land Court considers that all or part of the objection— is outside the Land Court’s jurisdiction; or is frivolous or vexatious; or is an abuse of the Land Court’s process; a party has not been given reasonable notice of an intention to apply for an adjournment of the performance of the function; a party is required to apply for an adjournment of the performance of the function because of the conduct of another party; without limiting paragraph (c) , a party has introduced, or sought to introduce, new material; a party has defaulted in the Land Court’s procedural requirements; for a hearing under the Mineral Resources Act 1989 , section 78 or 268 in relation to an application for the grant of a mining claim or mining lease under that Act— the applicant abandons the application or does not pursue the application at the hearing; or a party who made an objection to the application under section 71 or 260 of that Act withdraws the objection or does not pursue the objection at the hearing.\n(sec.52C-ssec.4) In deciding the amount of costs, the Land Court may have regard to— the scale of costs applying to another court; and any other matter the Land Court considers relevant.\n(sec.52C-ssec.5) Section 7B applies in relation to an order made under subsection (3) .\n(sec.52C-ssec.6) In this section— perform , a function, includes exercise a power. relevant objection means an objection made under— the Aboriginal Cultural Heritage Act 2003 , section 76 or 111 ; or the Environmental Protection Act 1994 , section 182 ; or the Mineral Resources Act 1989 , section 71 or 260 ; or the Torres Strait Islander Cultural Heritage Act 2003 , section 76 or 111 .\n- (a) for the performance of a function in relation to a relevant objection made by a party—the Land Court considers that all or part of the objection— (i) is outside the Land Court’s jurisdiction; or (ii) is frivolous or vexatious; or (iii) is an abuse of the Land Court’s process;\n- (i) is outside the Land Court’s jurisdiction; or\n- (ii) is frivolous or vexatious; or\n- (iii) is an abuse of the Land Court’s process;\n- (b) a party has not been given reasonable notice of an intention to apply for an adjournment of the performance of the function;\n- (c) a party is required to apply for an adjournment of the performance of the function because of the conduct of another party;\n- (d) without limiting paragraph (c) , a party has introduced, or sought to introduce, new material;\n- (e) a party has defaulted in the Land Court’s procedural requirements;\n- (f) for a hearing under the Mineral Resources Act 1989 , section 78 or 268 in relation to an application for the grant of a mining claim or mining lease under that Act— (i) the applicant abandons the application or does not pursue the application at the hearing; or (ii) a party who made an objection to the application under section 71 or 260 of that Act withdraws the objection or does not pursue the objection at the hearing.\n- (i) the applicant abandons the application or does not pursue the application at the hearing; or\n- (ii) a party who made an objection to the application under section 71 or 260 of that Act withdraws the objection or does not pursue the objection at the hearing.\n- (i) is outside the Land Court’s jurisdiction; or\n- (ii) is frivolous or vexatious; or\n- (iii) is an abuse of the Land Court’s process;\n- (i) the applicant abandons the application or does not pursue the application at the hearing; or\n- (ii) a party who made an objection to the application under section 71 or 260 of that Act withdraws the objection or does not pursue the objection at the hearing.\n- (a) the scale of costs applying to another court; and\n- (b) any other matter the Land Court considers relevant.\n- (a) the Aboriginal Cultural Heritage Act 2003 , section 76 or 111 ; or\n- (b) the Environmental Protection Act 1994 , section 182 ; or\n- (c) the Mineral Resources Act 1989 , section 71 or 260 ; or\n- (d) the Torres Strait Islander Cultural Heritage Act 2003 , section 76 or 111 .","sortOrder":90},{"sectionNumber":"pt.2-div.13","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":91},{"sectionNumber":"sec.52D","sectionType":"section","heading":"Privileges, protection and immunity","content":"### sec.52D Privileges, protection and immunity\n\nA member presiding over a proceeding in the Land Court, or exercising another judicial power, has the same privileges, protection and immunity as the member would have if the member were a Supreme Court judge presiding over a proceeding in the Supreme Court.\nA judicial registrar, exercising judicial or quasi-judicial power the judicial registrar may exercise under this Act, has the same privileges, protection and immunity as the judicial registrar would have if the judicial registrar were a Supreme Court judge presiding over a proceeding in the Supreme Court.\nThe following persons have the same privileges, protection and immunity as the persons would have if the proceeding or the exercise of judicial power by the court, member or judicial registrar were a proceeding in the Supreme Court—\na lawyer or agent appearing in the proceeding or before the court, member or registrar;\na witness attending in the proceeding or before the court, member or registrar.\nIf an administrative function is conferred on the Land Court, a member or judicial registrar, each of the following persons has the same privileges, protection and immunity the person would have if the exercise or performance of the administrative function were a proceeding in the Supreme Court—\nthe member or judicial registrar;\na lawyer or agent appearing before the court, member or registrar;\na witness attending before the court, member or registrar.\ns 52D (prev s 35) amd 2005 No. 70 s 121 ; 2015 No. 8 s 9\nreloc and renum 2020 No. 15 s 126\n(sec.52D-ssec.1) A member presiding over a proceeding in the Land Court, or exercising another judicial power, has the same privileges, protection and immunity as the member would have if the member were a Supreme Court judge presiding over a proceeding in the Supreme Court.\n(sec.52D-ssec.1A) A judicial registrar, exercising judicial or quasi-judicial power the judicial registrar may exercise under this Act, has the same privileges, protection and immunity as the judicial registrar would have if the judicial registrar were a Supreme Court judge presiding over a proceeding in the Supreme Court.\n(sec.52D-ssec.2) The following persons have the same privileges, protection and immunity as the persons would have if the proceeding or the exercise of judicial power by the court, member or judicial registrar were a proceeding in the Supreme Court— a lawyer or agent appearing in the proceeding or before the court, member or registrar; a witness attending in the proceeding or before the court, member or registrar.\n(sec.52D-ssec.3) If an administrative function is conferred on the Land Court, a member or judicial registrar, each of the following persons has the same privileges, protection and immunity the person would have if the exercise or performance of the administrative function were a proceeding in the Supreme Court— the member or judicial registrar; a lawyer or agent appearing before the court, member or registrar; a witness attending before the court, member or registrar.\n- (a) a lawyer or agent appearing in the proceeding or before the court, member or registrar;\n- (b) a witness attending in the proceeding or before the court, member or registrar.\n- (a) the member or judicial registrar;\n- (b) a lawyer or agent appearing before the court, member or registrar;\n- (c) a witness attending before the court, member or registrar.","sortOrder":92},{"sectionNumber":"pt.3","sectionType":"part","heading":"Land Appeal Court","content":"# Land Appeal Court","sortOrder":93},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Establishment and jurisdiction","content":"## Establishment and jurisdiction","sortOrder":94},{"sectionNumber":"sec.53","sectionType":"section","heading":"Establishment of Land Appeal Court","content":"### sec.53 Establishment of Land Appeal Court\n\nThe Land Appeal Court is established.\nThe court is a court of record.\nThe court has a seal that must be judicially noticed.\n(sec.53-ssec.1) The Land Appeal Court is established.\n(sec.53-ssec.2) The court is a court of record.\n(sec.53-ssec.3) The court has a seal that must be judicially noticed.","sortOrder":95},{"sectionNumber":"sec.54","sectionType":"section","heading":"Jurisdiction of Land Appeal Court","content":"### sec.54 Jurisdiction of Land Appeal Court\n\nThe Land Appeal Court has the jurisdiction given to it under this Act or another Act.\ns 54 amd 2007 No. 39 s 41 sch ; 2013 No. 35 s 116","sortOrder":96},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"General powers","content":"## General powers","sortOrder":97},{"sectionNumber":"sec.55","sectionType":"section","heading":"Land Appeal Court to be guided by equity and good conscience","content":"### sec.55 Land Appeal Court to be guided by equity and good conscience\n\nIn the exercise of its jurisdiction, the Land Appeal Court—\nis not bound by the rules of evidence and may inform itself in the way it considers appropriate; and\nmust act according to equity, good conscience and the substantial merits of the case without regard to legal technicalities and forms or the practice of other courts.\n- (a) is not bound by the rules of evidence and may inform itself in the way it considers appropriate; and\n- (b) must act according to equity, good conscience and the substantial merits of the case without regard to legal technicalities and forms or the practice of other courts.","sortOrder":98},{"sectionNumber":"sec.56","sectionType":"section","heading":"Evidence admissible on appeal","content":"### sec.56 Evidence admissible on appeal\n\nAn appeal in the Land Appeal Court must be decided on the evidence on the record of the proceeding in which the decision appealed against was made.\nHowever, the court may admit new evidence if—\nthe court is satisfied admission of further evidence is necessary to avoid grave injustice; and\nthe party applying to have further evidence admitted gives the court an adequate reason for the evidence not previously being given; and\napplication to have further evidence admitted is made before the hearing of the appeal.\n(sec.56-ssec.1) An appeal in the Land Appeal Court must be decided on the evidence on the record of the proceeding in which the decision appealed against was made.\n(sec.56-ssec.2) However, the court may admit new evidence if— the court is satisfied admission of further evidence is necessary to avoid grave injustice; and the party applying to have further evidence admitted gives the court an adequate reason for the evidence not previously being given; and application to have further evidence admitted is made before the hearing of the appeal.\n- (a) the court is satisfied admission of further evidence is necessary to avoid grave injustice; and\n- (b) the party applying to have further evidence admitted gives the court an adequate reason for the evidence not previously being given; and\n- (c) application to have further evidence admitted is made before the hearing of the appeal.","sortOrder":99},{"sectionNumber":"sec.57","sectionType":"section","heading":"Powers of Land Appeal Court","content":"### sec.57 Powers of Land Appeal Court\n\nThe Land Appeal Court may do 1 or more of the following—\nsuspend the operation of the decision and remit the matter, with or without directions, to the court or tribunal that made the decision to act according to law;\naffirm, amend, or revoke and substitute another order or decision for the order or decision appealed against;\nmake an order the Land Appeal Court considers appropriate.\ns 57 sub 2005 No. 70 s 122\n- (a) suspend the operation of the decision and remit the matter, with or without directions, to the court or tribunal that made the decision to act according to law;\n- (b) affirm, amend, or revoke and substitute another order or decision for the order or decision appealed against;\n- (c) make an order the Land Appeal Court considers appropriate.","sortOrder":100},{"sectionNumber":"sec.57A","sectionType":"section","heading":"Costs","content":"### sec.57A Costs\n\nThe Land Appeal Court may order costs for an appeal to the court as it considers appropriate.\nWithout limiting subsection (1) , the Land Appeal Court may order costs for the proceeding in which the decision appealed against was made, whether or not the court or tribunal that made the decision made, or had power to make, an order for costs for the proceeding.\nIf the Land Appeal Court does not make an order under subsection (1) , each party to the appeal must bear the party’s own costs for the appeal.\nThis section is subject to the provisions of this Act or another Act to the contrary.\ns 57A ins 2017 No. 17 s 145\n(sec.57A-ssec.1) The Land Appeal Court may order costs for an appeal to the court as it considers appropriate.\n(sec.57A-ssec.2) Without limiting subsection (1) , the Land Appeal Court may order costs for the proceeding in which the decision appealed against was made, whether or not the court or tribunal that made the decision made, or had power to make, an order for costs for the proceeding.\n(sec.57A-ssec.3) If the Land Appeal Court does not make an order under subsection (1) , each party to the appeal must bear the party’s own costs for the appeal.\n(sec.57A-ssec.4) This section is subject to the provisions of this Act or another Act to the contrary.","sortOrder":101},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Constitution for appeals","content":"## Constitution for appeals","sortOrder":102},{"sectionNumber":"sec.58","sectionType":"section","heading":"Appeals from Land Court","content":"### sec.58 Appeals from Land Court\n\nThis section applies to an appeal from a decision of the Land Court.\nThe Land Appeal Court is constituted by a Supreme Court judge and 2 members, other than the member who made the decision appealed against.\n(sec.58-ssec.1) This section applies to an appeal from a decision of the Land Court.\n(sec.58-ssec.2) The Land Appeal Court is constituted by a Supreme Court judge and 2 members, other than the member who made the decision appealed against.","sortOrder":103},{"sectionNumber":"sec.59","sectionType":"section","heading":"Appeals from land tribunal","content":"### sec.59 Appeals from land tribunal\n\nThis section applies to an appeal from a decision of the land tribunal.\nThe Land Appeal Court is constituted by a Supreme Court judge and 2 members including, if practicable, at least 1 member of the land tribunal, other than the member who constituted the land tribunal.\nThe chairperson of the land tribunal must recommend to the president the member or members of the land tribunal who should, in the chairperson’s opinion, sit as a member or members of the Land Appeal Court.\ns 59 amd 2014 No. 45 s 58 sch 1 pt 1\n(sec.59-ssec.1) This section applies to an appeal from a decision of the land tribunal.\n(sec.59-ssec.2) The Land Appeal Court is constituted by a Supreme Court judge and 2 members including, if practicable, at least 1 member of the land tribunal, other than the member who constituted the land tribunal.\n(sec.59-ssec.3) The chairperson of the land tribunal must recommend to the president the member or members of the land tribunal who should, in the chairperson’s opinion, sit as a member or members of the Land Appeal Court.","sortOrder":104},{"sectionNumber":"sec.60","sectionType":"section","heading":"Questions of law from land tribunal","content":"### sec.60 Questions of law from land tribunal\n\nThis section applies when a question of law is referred to the Land Appeal Court by the land tribunal.\nThe Land Appeal Court is constituted by a Supreme Court judge and 2 members including, if practicable, at least 1 presiding member of the land tribunal, and may include a presiding member who constituted the land tribunal.\nThe chairperson of the land tribunal must recommend to the president the member or members of the land tribunal who should, in the chairperson’s opinion, sit as a member or members of the Land Appeal Court.\nIn this section—\npresiding member , of the land tribunal, see the Aboriginal Land Act 1991 , schedule 1 .\ns 60 amd 2008 No. 29 s 67 ; 2014 No. 45 s 58 sch 1 pt 1\n(sec.60-ssec.1) This section applies when a question of law is referred to the Land Appeal Court by the land tribunal.\n(sec.60-ssec.2) The Land Appeal Court is constituted by a Supreme Court judge and 2 members including, if practicable, at least 1 presiding member of the land tribunal, and may include a presiding member who constituted the land tribunal.\n(sec.60-ssec.3) The chairperson of the land tribunal must recommend to the president the member or members of the land tribunal who should, in the chairperson’s opinion, sit as a member or members of the Land Appeal Court.\n(sec.60-ssec.4) In this section— presiding member , of the land tribunal, see the Aboriginal Land Act 1991 , schedule 1 .","sortOrder":105},{"sectionNumber":"sec.61","sectionType":"section","heading":"President decides members for Land Appeal Court","content":"### sec.61 President decides members for Land Appeal Court\n\nThe president decides which members are to sit as members of the Land Appeal Court for any purpose for this Act or another Act.\ns 61 amd 2007 No. 39 s 41 sch ; 2013 No. 35 s 117","sortOrder":106},{"sectionNumber":"sec.62","sectionType":"section","heading":"Nomination of Supreme Court judge to be member of Land Appeal Court","content":"### sec.62 Nomination of Supreme Court judge to be member of Land Appeal Court\n\nThe Chief Justice must, from time to time, nominate a Supreme Court judge (who may be the Chief Justice) to act as a member of the Land Appeal Court at Brisbane.\nThe Supreme Court judge who is the member of the Land Appeal Court outside Brisbane is—\nfor the Central Region of the Supreme Court—the Central Judge, within the meaning of the Supreme Court of Queensland Act 1991 ; and\nfor the Northern Region of the Supreme Court—the Northern Judge, within the meaning of the Supreme Court of Queensland Act 1991 ; and\nfor the Far Northern Region of the Supreme Court—the Far Northern Judge, within the meaning of the Supreme Court of Queensland Act 1991.\nSee the Supreme Court of Queensland Act 1991 , part 4 , division 3 .\nIf the parties to an appeal, or a referral of a question of law, to the Land Appeal Court agree, the appeal may be heard, or the question of law decided, in a region other than the region in which the land, the subject of the appeal or the referral, is situated.\nIf, at any time, a Supreme Court judge who is a member of the Land Appeal Court is unable to carry out the duties of member, the Chief Justice must nominate another Supreme Court judge to act as a member of the Land Appeal Court.\ns 62 amd 2011 No. 45 s 159\n(sec.62-ssec.1) The Chief Justice must, from time to time, nominate a Supreme Court judge (who may be the Chief Justice) to act as a member of the Land Appeal Court at Brisbane.\n(sec.62-ssec.2) The Supreme Court judge who is the member of the Land Appeal Court outside Brisbane is— for the Central Region of the Supreme Court—the Central Judge, within the meaning of the Supreme Court of Queensland Act 1991 ; and for the Northern Region of the Supreme Court—the Northern Judge, within the meaning of the Supreme Court of Queensland Act 1991 ; and for the Far Northern Region of the Supreme Court—the Far Northern Judge, within the meaning of the Supreme Court of Queensland Act 1991. See the Supreme Court of Queensland Act 1991 , part 4 , division 3 .\n(sec.62-ssec.3) If the parties to an appeal, or a referral of a question of law, to the Land Appeal Court agree, the appeal may be heard, or the question of law decided, in a region other than the region in which the land, the subject of the appeal or the referral, is situated.\n(sec.62-ssec.4) If, at any time, a Supreme Court judge who is a member of the Land Appeal Court is unable to carry out the duties of member, the Chief Justice must nominate another Supreme Court judge to act as a member of the Land Appeal Court.\n- (a) for the Central Region of the Supreme Court—the Central Judge, within the meaning of the Supreme Court of Queensland Act 1991 ; and\n- (b) for the Northern Region of the Supreme Court—the Northern Judge, within the meaning of the Supreme Court of Queensland Act 1991 ; and\n- (c) for the Far Northern Region of the Supreme Court—the Far Northern Judge, within the meaning of the Supreme Court of Queensland Act 1991.","sortOrder":107},{"sectionNumber":"sec.63","sectionType":"section","heading":"Land Appeal Court may be constituted in more than 1 place","content":"### sec.63 Land Appeal Court may be constituted in more than 1 place\n\nThe Land Appeal Court may be constituted in more than 1 place at the same time.","sortOrder":108},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Appeals, sittings, parties, adjournments, proceedings and loss of presiding members","content":"## Appeals, sittings, parties, adjournments, proceedings and loss of presiding members","sortOrder":109},{"sectionNumber":"sec.64","sectionType":"section","heading":"Right of appeal to Land Appeal Court","content":"### sec.64 Right of appeal to Land Appeal Court\n\nA party to a proceeding in the Land Court may appeal to the Land Appeal Court against all or part of the decision of the Land Court.","sortOrder":110},{"sectionNumber":"sec.65","sectionType":"section","heading":"Notice of appeal","content":"### sec.65 Notice of appeal\n\nA party intending to appeal against a decision of the Land Court must, within 42 days after the order containing the decision is made by the court, serve notice of appeal against the decision on—\nall other parties to the proceeding on which the decision was made; and\nthe registrar of the Land Appeal Court.\nThe period of 42 days applies whether the decision appealed against is the original decision of the Land Court, the decision on the application for rehearing or the decision on the rehearing.\nThe court may extend the period for serving the notice of appeal under subsection (1) .\nThe notice of appeal must state the grounds on which the decision is appealed against.\ns 65 amd 2005 No. 70 s 123 ; 2013 No. 35 s 118\n(sec.65-ssec.1) A party intending to appeal against a decision of the Land Court must, within 42 days after the order containing the decision is made by the court, serve notice of appeal against the decision on— all other parties to the proceeding on which the decision was made; and the registrar of the Land Appeal Court.\n(sec.65-ssec.2) The period of 42 days applies whether the decision appealed against is the original decision of the Land Court, the decision on the application for rehearing or the decision on the rehearing.\n(sec.65-ssec.3) The court may extend the period for serving the notice of appeal under subsection (1) .\n(sec.65-ssec.4) The notice of appeal must state the grounds on which the decision is appealed against.\n- (a) all other parties to the proceeding on which the decision was made; and\n- (b) the registrar of the Land Appeal Court.","sortOrder":111},{"sectionNumber":"sec.66","sectionType":"section","heading":"Where Land Appeal Court may sit","content":"### sec.66 Where Land Appeal Court may sit\n\nThe Land Appeal Court may sit at any place.","sortOrder":112},{"sectionNumber":"sec.67","sectionType":"section","heading":"Appearance","content":"### sec.67 Appearance\n\nA party to an appeal may appear personally or by lawyer or agent.","sortOrder":113},{"sectionNumber":"sec.68","sectionType":"section","heading":"Adjournments","content":"### sec.68 Adjournments\n\nThe Land Appeal Court may—\nadjourn proceedings from time to time and from place to place; and\nadjourn proceedings to a time, or a time and place, to be fixed.\n- (a) adjourn proceedings from time to time and from place to place; and\n- (b) adjourn proceedings to a time, or a time and place, to be fixed.","sortOrder":114},{"sectionNumber":"sec.69","sectionType":"section","heading":"Stay of proceedings","content":"### sec.69 Stay of proceedings\n\nAn appeal against a decision of the Land Court affects the decision, or carrying out of the decision, only if the decision is stayed.\nThe Land Appeal Court may stay a decision appealed against to secure the effectiveness of the appeal.\nA stay—\nmay be given on the conditions the Land Appeal Court considers appropriate; and\noperates for the period stated by the court; and\nmay be revoked or amended by the court.\nHowever, the period of a stay must not extend past the time when the Land Appeal Court decides the appeal.\n(sec.69-ssec.1) An appeal against a decision of the Land Court affects the decision, or carrying out of the decision, only if the decision is stayed.\n(sec.69-ssec.2) The Land Appeal Court may stay a decision appealed against to secure the effectiveness of the appeal.\n(sec.69-ssec.3) A stay— may be given on the conditions the Land Appeal Court considers appropriate; and operates for the period stated by the court; and may be revoked or amended by the court.\n(sec.69-ssec.4) However, the period of a stay must not extend past the time when the Land Appeal Court decides the appeal.\n- (a) may be given on the conditions the Land Appeal Court considers appropriate; and\n- (b) operates for the period stated by the court; and\n- (c) may be revoked or amended by the court.","sortOrder":115},{"sectionNumber":"sec.70","sectionType":"section","heading":"What happens if member of Land Appeal Court dies or is incapacitated","content":"### sec.70 What happens if member of Land Appeal Court dies or is incapacitated\n\nThis section applies if, after starting a proceeding, 1 of the members of the Land Appeal Court hearing the proceeding dies or becomes incapable of continuing with the proceeding.\nThe 2 remaining members may, with the consent of the parties, complete hearing and deciding the proceeding.\nAny question in the proceeding is to be decided in the same way, and the judgment of the Land Appeal Court constituted under this section has the same force and effect as if all 3 members had decided the proceeding.\n(sec.70-ssec.1) This section applies if, after starting a proceeding, 1 of the members of the Land Appeal Court hearing the proceeding dies or becomes incapable of continuing with the proceeding.\n(sec.70-ssec.2) The 2 remaining members may, with the consent of the parties, complete hearing and deciding the proceeding.\n(sec.70-ssec.3) Any question in the proceeding is to be decided in the same way, and the judgment of the Land Appeal Court constituted under this section has the same force and effect as if all 3 members had decided the proceeding.","sortOrder":116},{"sectionNumber":"sec.71","sectionType":"section","heading":"Decisions of Land Appeal Court","content":"### sec.71 Decisions of Land Appeal Court\n\nThe decision of the majority of members hearing an appeal is the decision of the Land Appeal Court.\nSubject to part 4 , every decision of the Land Appeal Court is final and conclusive.\n(sec.71-ssec.1) The decision of the majority of members hearing an appeal is the decision of the Land Appeal Court.\n(sec.71-ssec.2) Subject to part 4 , every decision of the Land Appeal Court is final and conclusive.","sortOrder":117},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"General matters","content":"## General matters","sortOrder":118},{"sectionNumber":"sec.72","sectionType":"section","heading":"Application of certain provisions of pt 2 to Land Appeal Court","content":"### sec.72 Application of certain provisions of pt 2 to Land Appeal Court\n\nSections 7A to 9 , 12A (5) , 21 and 22 apply, with necessary changes, to the Land Appeal Court.\nFor subsection (1) , a reference in the applied sections to the Land Court is taken to be a reference to the Land Appeal Court.\ns 72 amd 2017 No. 17 s 146 ; 2020 No. 15 s 132\n(sec.72-ssec.1) Sections 7A to 9 , 12A (5) , 21 and 22 apply, with necessary changes, to the Land Appeal Court.\n(sec.72-ssec.2) For subsection (1) , a reference in the applied sections to the Land Court is taken to be a reference to the Land Appeal Court.","sortOrder":119},{"sectionNumber":"sec.73","sectionType":"section","heading":"Registrar, deputy registrars and other officers","content":"### sec.73 Registrar, deputy registrars and other officers\n\nThe registrar, deputy registrars and other officers of the Land Court are the registrar, deputy registrars and other officers of the Land Appeal Court.","sortOrder":120},{"sectionNumber":"sec.73A","sectionType":"section","heading":"Privileges, protection and immunity","content":"### sec.73A Privileges, protection and immunity\n\nA member hearing a proceeding in the Land Appeal Court has the same privileges, protection and immunity as the member would have if the member were a Supreme Court judge hearing a proceeding in the Supreme Court.\nThe following persons have the same privileges, protection and immunity as the persons would have if the proceeding were in the Supreme Court—\na lawyer or agent appearing in the proceeding;\na witness attending in the proceeding.\ns 73A ins 2007 No. 37 s 108\n(sec.73A-ssec.1) A member hearing a proceeding in the Land Appeal Court has the same privileges, protection and immunity as the member would have if the member were a Supreme Court judge hearing a proceeding in the Supreme Court.\n(sec.73A-ssec.2) The following persons have the same privileges, protection and immunity as the persons would have if the proceeding were in the Supreme Court— a lawyer or agent appearing in the proceeding; a witness attending in the proceeding.\n- (a) a lawyer or agent appearing in the proceeding;\n- (b) a witness attending in the proceeding.","sortOrder":121},{"sectionNumber":"pt.4","sectionType":"part","heading":"Appeals to Court of Appeal","content":"# Appeals to Court of Appeal","sortOrder":122},{"sectionNumber":"sec.74","sectionType":"section","heading":"Who may appeal to Court of Appeal","content":"### sec.74 Who may appeal to Court of Appeal\n\nA party to a proceeding in the Land Appeal Court may appeal a decision of the Land Appeal Court to the Court of Appeal on the ground—\nof error or mistake in law on the part of the Land Appeal Court; or\nthat the Land Appeal Court had no jurisdiction to make the decision; or\nthat the Land Appeal Court exceeded its jurisdiction in making the decision.\nHowever, the party may appeal only with the leave of the Court of Appeal or a judge of appeal.\n(sec.74-ssec.1) A party to a proceeding in the Land Appeal Court may appeal a decision of the Land Appeal Court to the Court of Appeal on the ground— of error or mistake in law on the part of the Land Appeal Court; or that the Land Appeal Court had no jurisdiction to make the decision; or that the Land Appeal Court exceeded its jurisdiction in making the decision.\n(sec.74-ssec.2) However, the party may appeal only with the leave of the Court of Appeal or a judge of appeal.\n- (a) of error or mistake in law on the part of the Land Appeal Court; or\n- (b) that the Land Appeal Court had no jurisdiction to make the decision; or\n- (c) that the Land Appeal Court exceeded its jurisdiction in making the decision.","sortOrder":123},{"sectionNumber":"sec.75","sectionType":"section","heading":"When leave to appeal must be sought and appeal made","content":"### sec.75 When leave to appeal must be sought and appeal made\n\nA party intending to seek leave of the Court of Appeal to appeal against a decision of the Land Appeal Court must, within 42 days after the order containing the decision is made by the Land Appeal Court, apply to the Court of Appeal for leave to appeal against the decision.\nIf the Court of Appeal grants leave, notice of appeal against the decision must, within 42 days after the Court of Appeal grants leave to appeal, be served on—\nall other parties to the appeal; and\nthe registrar of the Land Appeal Court.\ns 75 amd 2005 No. 70 s 124\n(sec.75-ssec.1) A party intending to seek leave of the Court of Appeal to appeal against a decision of the Land Appeal Court must, within 42 days after the order containing the decision is made by the Land Appeal Court, apply to the Court of Appeal for leave to appeal against the decision.\n(sec.75-ssec.2) If the Court of Appeal grants leave, notice of appeal against the decision must, within 42 days after the Court of Appeal grants leave to appeal, be served on— all other parties to the appeal; and the registrar of the Land Appeal Court.\n- (a) all other parties to the appeal; and\n- (b) the registrar of the Land Appeal Court.","sortOrder":124},{"sectionNumber":"sec.76","sectionType":"section","heading":"Powers of Court of Appeal","content":"### sec.76 Powers of Court of Appeal\n\nThe Court of Appeal may do 1 or more of the following—\nreturn the matter to the Land Appeal Court for decision in accordance with the Court of Appeal’s decision;\naffirm, amend, or revoke and substitute another order or decision for the Land Appeal Court’s order or decision;\nmake an order the Court of Appeal considers appropriate.\n- (a) return the matter to the Land Appeal Court for decision in accordance with the Court of Appeal’s decision;\n- (b) affirm, amend, or revoke and substitute another order or decision for the Land Appeal Court’s order or decision;\n- (c) make an order the Court of Appeal considers appropriate.","sortOrder":125},{"sectionNumber":"pt.5","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":126},{"sectionNumber":"sec.77","sectionType":"section","heading":"Judicial notice","content":"### sec.77 Judicial notice\n\nAll courts and persons acting judicially must take judicial notice of the appointment and signature of every person holding office under this Act.","sortOrder":127},{"sectionNumber":"sec.77A","sectionType":"section","heading":"Annual report","content":"### sec.77A Annual report\n\nThe president must, within 4 months after the end of each financial year, the first of which is the financial year ending 30 June 2008, prepare and give to the Minister a report on the operations of the Land Court for the year.\nThe Minister must cause a copy of the report to be tabled in the Legislative Assembly within 14 days after its receipt by the Minister.\ns 77A ins 2007 No. 39 s 25\namd 2020 No. 15 s 106\n(sec.77A-ssec.1) The president must, within 4 months after the end of each financial year, the first of which is the financial year ending 30 June 2008, prepare and give to the Minister a report on the operations of the Land Court for the year.\n(sec.77A-ssec.2) 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.","sortOrder":128},{"sectionNumber":"sec.77B","sectionType":"section","heading":"Approved forms","content":"### sec.77B Approved forms\n\nThe president may approve forms for use under this Act.\ns 77B ins 2012 No. 17 s 26","sortOrder":129},{"sectionNumber":"sec.78","sectionType":"section","heading":"Regulation-making power","content":"### sec.78 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nWithout limiting subsection (1) , a regulation may—\nprescribe fees and costs for the Land Court or the Land Appeal Court; and\nprescribe how fees and costs are to be received and dealt with in the courts.\n(sec.78-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.78-ssec.2) Without limiting subsection (1) , a regulation may— prescribe fees and costs for the Land Court or the Land Appeal Court; and prescribe how fees and costs are to be received and dealt with in the courts.\n- (a) prescribe fees and costs for the Land Court or the Land Appeal Court; and\n- (b) prescribe how fees and costs are to be received and dealt with in the courts.","sortOrder":130},{"sectionNumber":"pt.6","sectionType":"part","heading":"Savings, transitional and validation provisions","content":"# Savings, transitional and validation provisions","sortOrder":131},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Savings and transitional provisions for Act No. 1 of 2000","content":"## Savings and transitional provisions for Act No. 1 of 2000","sortOrder":132},{"sectionNumber":"sec.79","sectionType":"section","heading":"Continuance of Land Court","content":"### sec.79 Continuance of Land Court\n\nThe Land Court established by section 4 is a continuance of the Land Court established under the repealed Land Act 1962 and preserved in existence under the Land Act 1994 , section 521 .","sortOrder":133},{"sectionNumber":"sec.80","sectionType":"section","heading":"Continuance of Land Appeal Court","content":"### sec.80 Continuance of Land Appeal Court\n\nThe Land Appeal Court established by section 53 is a continuance of the Land Appeal Court established under the repealed Land Act 1962 and preserved in existence under the Land Act 1994 , section 521 .","sortOrder":134},{"sectionNumber":"sec.81","sectionType":"section","heading":"Appointments of members continue","content":"### sec.81 Appointments of members continue\n\nThis section applies on the commencement of section 4.\nThe members who constituted the Land Court immediately before the commencement, continue to constitute the court.\nThe member who was president of the court immediately before the commencement continues as president.\nEach member, including the president, continues in office until the member’s term of appointment ends.\n(sec.81-ssec.1) This section applies on the commencement of section 4.\n(sec.81-ssec.2) The members who constituted the Land Court immediately before the commencement, continue to constitute the court.\n(sec.81-ssec.3) The member who was president of the court immediately before the commencement continues as president.\n(sec.81-ssec.4) Each member, including the president, continues in office until the member’s term of appointment ends.","sortOrder":135},{"sectionNumber":"sec.82","sectionType":"section","heading":"Entitlements of members continue","content":"### sec.82 Entitlements of members continue\n\nFrom the commencement of section 4, a member who was a member of the Land Court immediately before the commencement remains entitled to all rights accrued or accruing to the member under the member’s appointment.\nIf a member who was a member of the Land Court immediately before the commencement had been a temporary member, the member’s period of service as a temporary member is counted to calculate the member’s length of service as a member for the purposes of sections 39 and 40.\n(sec.82-ssec.1) From the commencement of section 4, a member who was a member of the Land Court immediately before the commencement remains entitled to all rights accrued or accruing to the member under the member’s appointment.\n(sec.82-ssec.2) If a member who was a member of the Land Court immediately before the commencement had been a temporary member, the member’s period of service as a temporary member is counted to calculate the member’s length of service as a member for the purposes of sections 39 and 40.","sortOrder":136},{"sectionNumber":"sec.83","sectionType":"section","heading":"Appointments and entitlements of registrar, deputy registrars and other officers continue","content":"### sec.83 Appointments and entitlements of registrar, deputy registrars and other officers continue\n\nFrom the commencement of section 4, the appointments of the registrar, deputy registrars and other officers (the officers ) to the Land Court, in force immediately before the commencement, continue.\nEach officer remains entitled to all rights accrued and accruing to the officer under the officer’s appointment.\n(sec.83-ssec.1) From the commencement of section 4, the appointments of the registrar, deputy registrars and other officers (the officers ) to the Land Court, in force immediately before the commencement, continue.\n(sec.83-ssec.2) Each officer remains entitled to all rights accrued and accruing to the officer under the officer’s appointment.","sortOrder":137},{"sectionNumber":"sec.84","sectionType":"section","heading":"Land Court orders continue","content":"### sec.84 Land Court orders continue\n\nAn order made by the Land Court before the commencement of section 4, and still in force immediately before the commencement, continues to have effect from the commencement.\nThe order may be discharged or amended by the court under this Act.\n(sec.84-ssec.1) An order made by the Land Court before the commencement of section 4, and still in force immediately before the commencement, continues to have effect from the commencement.\n(sec.84-ssec.2) The order may be discharged or amended by the court under this Act.","sortOrder":138},{"sectionNumber":"sec.85","sectionType":"section","heading":"Proceedings started under Land Act 1994 continue","content":"### sec.85 Proceedings started under Land Act 1994 continue\n\nA proceeding started in the Land Court before the commencement of section 4 may be continued and completed by the Land Court under this Act.","sortOrder":139},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Transitional provisions for Land Court and Other Legislation Amendment Act 2007","content":"## Transitional provisions for Land Court and Other Legislation Amendment Act 2007","sortOrder":140},{"sectionNumber":"sec.86","sectionType":"section","heading":"LRT president","content":"### sec.86 LRT president\n\nThis section applies if the person (the relevant person ) holding appointment under the LRT Act, section 7 as the president of the LRT—\nresigns the person’s office as president (the resignation ); and\nat or about the same time as the resignation takes effect, is appointed as a District Court judge (the new appointment ).\nFrom the new appointment, and while the relevant person holds the appointment, the salary, allowances and rates of allowances payable to the relevant person cease to be those payable to a Supreme Court judge and become those payable to a District Court judge.\nOn being appointed, the relevant person is entitled to receive a single payment of an amount equal to the difference between the salary, allowances and rates of allowances payable to a Supreme Court judge and those payable to a District Court judge for the period starting on the day of appointment and ending on the prescribed day.\nThe State has no liability of any kind, other than as provided for in subsection (3), to compensate the relevant person in any way because of the resignation and new appointment, and in particular because of any reduced salary, allowances and rates of allowances payable to the person after the prescribed day.\nSubject to subsection (6), the relevant person retains all entitlements accrued but not received by the person while the person was the president of the LRT.\nLeave, including leave of absence under the Judges Pensions Act, accrued by the person and not taken before the date of appointment is to be paid at the salary applicable to a District Court judge.\nSubsection (8) applies if, after the new appointment, the relevant person continues uninterruptedly as a District Court judge until the person—\nretires after the prescribed day; or\nretires or is removed from office as mentioned in the Judges Pensions Act , section 5 (1) ; or\nearlier dies.\nThe Judges Pensions Act , to the extent that Act provides for the payment of any pension, including for example the payment of a pension to a spouse or child, is taken to apply in relation to the relevant person as if the person—\nhad been a Supreme Court judge from when the person was appointed president of the LRT until the person’s retirement or death as mentioned in subsection (7) (the relevant period ); and\nhad been entitled to the salary, as defined under that Act, of a Supreme Court judge as applying from time to time in the relevant period.\nIn this section—\nprescribed day , in relation to the relevant person, means the first day on which the relevant person would become eligible to receive a pension under the Judges Pensions Act , section 4 , if the relevant person retired from office (otherwise than because of permanent disability or infirmity as specified in section 5 of that Act) on that day.\ns 86 ins 2007 No. 39 s 27\n(sec.86-ssec.1) This section applies if the person (the relevant person ) holding appointment under the LRT Act, section 7 as the president of the LRT— resigns the person’s office as president (the resignation ); and at or about the same time as the resignation takes effect, is appointed as a District Court judge (the new appointment ).\n(sec.86-ssec.2) From the new appointment, and while the relevant person holds the appointment, the salary, allowances and rates of allowances payable to the relevant person cease to be those payable to a Supreme Court judge and become those payable to a District Court judge.\n(sec.86-ssec.3) On being appointed, the relevant person is entitled to receive a single payment of an amount equal to the difference between the salary, allowances and rates of allowances payable to a Supreme Court judge and those payable to a District Court judge for the period starting on the day of appointment and ending on the prescribed day.\n(sec.86-ssec.4) The State has no liability of any kind, other than as provided for in subsection (3), to compensate the relevant person in any way because of the resignation and new appointment, and in particular because of any reduced salary, allowances and rates of allowances payable to the person after the prescribed day.\n(sec.86-ssec.5) Subject to subsection (6), the relevant person retains all entitlements accrued but not received by the person while the person was the president of the LRT.\n(sec.86-ssec.6) Leave, including leave of absence under the Judges Pensions Act, accrued by the person and not taken before the date of appointment is to be paid at the salary applicable to a District Court judge.\n(sec.86-ssec.7) Subsection (8) applies if, after the new appointment, the relevant person continues uninterruptedly as a District Court judge until the person— retires after the prescribed day; or retires or is removed from office as mentioned in the Judges Pensions Act , section 5 (1) ; or earlier dies.\n(sec.86-ssec.8) The Judges Pensions Act , to the extent that Act provides for the payment of any pension, including for example the payment of a pension to a spouse or child, is taken to apply in relation to the relevant person as if the person— had been a Supreme Court judge from when the person was appointed president of the LRT until the person’s retirement or death as mentioned in subsection (7) (the relevant period ); and had been entitled to the salary, as defined under that Act, of a Supreme Court judge as applying from time to time in the relevant period.\n(sec.86-ssec.9) In this section— prescribed day , in relation to the relevant person, means the first day on which the relevant person would become eligible to receive a pension under the Judges Pensions Act , section 4 , if the relevant person retired from office (otherwise than because of permanent disability or infirmity as specified in section 5 of that Act) on that day.\n- (a) resigns the person’s office as president (the resignation ); and\n- (b) at or about the same time as the resignation takes effect, is appointed as a District Court judge (the new appointment ).\n- (a) retires after the prescribed day; or\n- (b) retires or is removed from office as mentioned in the Judges Pensions Act , section 5 (1) ; or\n- (c) earlier dies.\n- (a) had been a Supreme Court judge from when the person was appointed president of the LRT until the person’s retirement or death as mentioned in subsection (7) (the relevant period ); and\n- (b) had been entitled to the salary, as defined under that Act, of a Supreme Court judge as applying from time to time in the relevant period.","sortOrder":141},{"sectionNumber":"sec.87","sectionType":"section","heading":"LRT deputy president","content":"### sec.87 LRT deputy president\n\nThis section applies if a person (the relevant person ) holding appointment under the LRT Act, section 7 as a deputy president of the LRT—\nresigns the person’s office as deputy president (the resignation ); and\nat or about the same time as the resignation takes effect, is appointed as a member of the Land Court (the new appointment ).\nFrom the new appointment, and while the relevant person holds the appointment, the salary, allowances and rates of allowances payable to the relevant person cease to be those payable to a District Court judge and become those payable to a member of the Land Court.\nThe State has no liability of any kind to compensate the relevant person in any way because of the resignation and new appointment, and in particular because of any reduced salary, allowances and rates of allowances payable to the person after the new appointment.\nThe relevant person retains all entitlements accrued but not received by the person while the person was a deputy president of the LRT, and for calculating any amount payable to the person in relation to an entitlement accrued but not received, the applicable salary and allowances of the person are taken to be the salary and allowances of a District Court judge in force when the amount comes to be calculated.\nSubsection (6) applies if, after the new appointment, the relevant person continues uninterruptedly as a member of the Land Court until the person—\nretires after the prescribed day; or\nretires or is removed from office as mentioned in the Judges Pensions Act , section 5 (1) ; or\nearlier dies.\nThe Judges Pensions Act , to the extent that Act provides for the payment of any pension, including for example the payment of a pension to a spouse or child, is taken to apply in relation to the relevant person as if the person—\nhad been a District Court judge from when the person was appointed a deputy president of the LRT until the person’s retirement or death as mentioned in subsection (5) (the relevant period ); and\nhad been entitled to the salary, as defined under that Act, of a District Court judge as applying from time to time in the relevant period.\nIn this section—\nprescribed day , in relation to the relevant person, means the first day on which the relevant person would become eligible to receive a pension under the Judges Pensions Act , section 4 , if the relevant person retired from office (otherwise than because of permanent disability or infirmity as specified in section 5 of that Act) on that day.\ns 87 ins 2007 No. 39 s 27\n(sec.87-ssec.1) This section applies if a person (the relevant person ) holding appointment under the LRT Act, section 7 as a deputy president of the LRT— resigns the person’s office as deputy president (the resignation ); and at or about the same time as the resignation takes effect, is appointed as a member of the Land Court (the new appointment ).\n(sec.87-ssec.2) From the new appointment, and while the relevant person holds the appointment, the salary, allowances and rates of allowances payable to the relevant person cease to be those payable to a District Court judge and become those payable to a member of the Land Court.\n(sec.87-ssec.3) The State has no liability of any kind to compensate the relevant person in any way because of the resignation and new appointment, and in particular because of any reduced salary, allowances and rates of allowances payable to the person after the new appointment.\n(sec.87-ssec.4) The relevant person retains all entitlements accrued but not received by the person while the person was a deputy president of the LRT, and for calculating any amount payable to the person in relation to an entitlement accrued but not received, the applicable salary and allowances of the person are taken to be the salary and allowances of a District Court judge in force when the amount comes to be calculated.\n(sec.87-ssec.5) Subsection (6) applies if, after the new appointment, the relevant person continues uninterruptedly as a member of the Land Court until the person— retires after the prescribed day; or retires or is removed from office as mentioned in the Judges Pensions Act , section 5 (1) ; or earlier dies.\n(sec.87-ssec.6) The Judges Pensions Act , to the extent that Act provides for the payment of any pension, including for example the payment of a pension to a spouse or child, is taken to apply in relation to the relevant person as if the person— had been a District Court judge from when the person was appointed a deputy president of the LRT until the person’s retirement or death as mentioned in subsection (5) (the relevant period ); and had been entitled to the salary, as defined under that Act, of a District Court judge as applying from time to time in the relevant period.\n(sec.87-ssec.7) In this section— prescribed day , in relation to the relevant person, means the first day on which the relevant person would become eligible to receive a pension under the Judges Pensions Act , section 4 , if the relevant person retired from office (otherwise than because of permanent disability or infirmity as specified in section 5 of that Act) on that day.\n- (a) resigns the person’s office as deputy president (the resignation ); and\n- (b) at or about the same time as the resignation takes effect, is appointed as a member of the Land Court (the new appointment ).\n- (a) retires after the prescribed day; or\n- (b) retires or is removed from office as mentioned in the Judges Pensions Act , section 5 (1) ; or\n- (c) earlier dies.\n- (a) had been a District Court judge from when the person was appointed a deputy president of the LRT until the person’s retirement or death as mentioned in subsection (5) (the relevant period ); and\n- (b) had been entitled to the salary, as defined under that Act, of a District Court judge as applying from time to time in the relevant period.","sortOrder":142},{"sectionNumber":"sec.88","sectionType":"section","heading":"LRT mining referee","content":"### sec.88 LRT mining referee\n\nThis section applies if a person (the relevant person ), holding appointment under the LRT Act, section 16(2)(c) as a mining referee of the LRT—\nresigns the person’s office as mining referee (the resignation ); and\nat or about the same time as the resignation takes effect, is appointed as a judicial registrar of the Land Court (the new appointment ) under this Act.\nFrom the new appointment until 16 July 2008, and while the relevant person holds the appointment, the salary and allowances payable, and the conditions applicable, to the relevant person continue to be those payable and applicable to the person under the person’s instrument of appointment as a mining referee of the LRT.\nThe State has no liability of any kind to compensate the relevant person in any way because of the person’s ceasing to hold appointment as a referee non-presiding member under the LRT Act and being appointed under this Act as a judicial registrar.\nThe relevant person retains all entitlements accrued but not received by the person while the person was a mining referee of the LRT, and for calculating any amount payable to the person in relation to an entitlement accrued but not received, the applicable salary and allowances of the person continue to be the salary and allowances payable to the person under the person’s instrument of appointment as a mining referee of the LRT when the amount comes to be calculated.\nThe relevant person’s entitlements under this section must not be reduced.\nSections 45 and 46 do not apply to the relevant person.\nThe relevant person may resign the person’s appointment as a judicial registrar by giving a signed notice of resignation to the Minister.\nThe appointment and employment of the relevant person as a judicial registrar is not subject to any industrial instrument or any decision or rule of an industrial tribunal.\nAt the end of the relevant person’s term as a judicial registrar, the relevant person ceases to hold office and the relevant person has no further entitlement to hold office under this Act or the LRT Act.\ns 88 ins 2007 No. 39 s 27; 2016 No. 63 s 1157 sch 6\n(sec.88-ssec.1) This section applies if a person (the relevant person ), holding appointment under the LRT Act, section 16(2)(c) as a mining referee of the LRT— resigns the person’s office as mining referee (the resignation ); and at or about the same time as the resignation takes effect, is appointed as a judicial registrar of the Land Court (the new appointment ) under this Act.\n(sec.88-ssec.2) From the new appointment until 16 July 2008, and while the relevant person holds the appointment, the salary and allowances payable, and the conditions applicable, to the relevant person continue to be those payable and applicable to the person under the person’s instrument of appointment as a mining referee of the LRT.\n(sec.88-ssec.3) The State has no liability of any kind to compensate the relevant person in any way because of the person’s ceasing to hold appointment as a referee non-presiding member under the LRT Act and being appointed under this Act as a judicial registrar.\n(sec.88-ssec.4) The relevant person retains all entitlements accrued but not received by the person while the person was a mining referee of the LRT, and for calculating any amount payable to the person in relation to an entitlement accrued but not received, the applicable salary and allowances of the person continue to be the salary and allowances payable to the person under the person’s instrument of appointment as a mining referee of the LRT when the amount comes to be calculated.\n(sec.88-ssec.5) The relevant person’s entitlements under this section must not be reduced.\n(sec.88-ssec.6) Sections 45 and 46 do not apply to the relevant person.\n(sec.88-ssec.7) The relevant person may resign the person’s appointment as a judicial registrar by giving a signed notice of resignation to the Minister.\n(sec.88-ssec.8) The appointment and employment of the relevant person as a judicial registrar is not subject to any industrial instrument or any decision or rule of an industrial tribunal.\n(sec.88-ssec.9) At the end of the relevant person’s term as a judicial registrar, the relevant person ceases to hold office and the relevant person has no further entitlement to hold office under this Act or the LRT Act.\n- (a) resigns the person’s office as mining referee (the resignation ); and\n- (b) at or about the same time as the resignation takes effect, is appointed as a judicial registrar of the Land Court (the new appointment ) under this Act.","sortOrder":143},{"sectionNumber":"sec.89","sectionType":"section","heading":"Previous LRT deputy president","content":"### sec.89 Previous LRT deputy president\n\nThis section applies to a person if—\nbefore the commencement of this section—\nthe person held appointment under the LRT Act, section 7 as a deputy president of the LRT; and\nthe person resigned the person’s office as a deputy president (the resignation ); and\nat or about the same time as the resignation took effect, the person was appointed as a District Court judge (the new appointment ); and\non the commencement of this section, the person still held the new appointment.\nFor the purposes of the application of the Judges Pensions Act to the person, that Act is taken to apply to the person, including to a spouse or child of the person, as if the person had been a District Court judge for the whole of the time from when the person was appointed a deputy president of the LRT until the new appointment.\ns 89 ins 2007 No. 39 s 27\n(sec.89-ssec.1) This section applies to a person if— before the commencement of this section— the person held appointment under the LRT Act, section 7 as a deputy president of the LRT; and the person resigned the person’s office as a deputy president (the resignation ); and at or about the same time as the resignation took effect, the person was appointed as a District Court judge (the new appointment ); and on the commencement of this section, the person still held the new appointment.\n(sec.89-ssec.2) For the purposes of the application of the Judges Pensions Act to the person, that Act is taken to apply to the person, including to a spouse or child of the person, as if the person had been a District Court judge for the whole of the time from when the person was appointed a deputy president of the LRT until the new appointment.\n- (a) before the commencement of this section— (i) the person held appointment under the LRT Act, section 7 as a deputy president of the LRT; and (ii) the person resigned the person’s office as a deputy president (the resignation ); and (iii) at or about the same time as the resignation took effect, the person was appointed as a District Court judge (the new appointment ); and\n- (i) the person held appointment under the LRT Act, section 7 as a deputy president of the LRT; and\n- (ii) the person resigned the person’s office as a deputy president (the resignation ); and\n- (iii) at or about the same time as the resignation took effect, the person was appointed as a District Court judge (the new appointment ); and\n- (b) on the commencement of this section, the person still held the new appointment.\n- (i) the person held appointment under the LRT Act, section 7 as a deputy president of the LRT; and\n- (ii) the person resigned the person’s office as a deputy president (the resignation ); and\n- (iii) at or about the same time as the resignation took effect, the person was appointed as a District Court judge (the new appointment ); and","sortOrder":144},{"sectionNumber":"sec.90","sectionType":"section","heading":"Assumption by Land Court of role of warden and Wardens Court under particular Acts","content":"### sec.90 Assumption by Land Court of role of warden and Wardens Court under particular Acts\n\nThe relevant mining Act provisions are taken to continue to have effect as if the Land and Resources Tribunal Act 1999 had not been enacted, but only to the extent necessary for giving full effect to the relevant designated Act provisions.\nA reference in a relevant mining Act provision or relevant designated Act provision to a warden or the Wardens Court is taken to be a reference to the Land Court.\nIn subsection (4), definition designated Acts , a reference to an Act includes a reference to any instrument—\nthat has been made or entered into under the Act ; and\nthat the reference to the Act does not otherwise include.\nIn this section—\ndesignated Acts means the following Acts—\nAlcan Queensland Pty. Limited Agreement Act 1965\nCentral Queensland Coal Associates Agreement Act 1968\nOffshore Minerals Act 1998\nPetroleum Act 1923\nQueensland Nickel Agreement Act 1970\nThiess Peabody Coal Pty. Ltd. Agreement Act 1962 .\nrelevant designated Act provisions means the provisions of the designated Acts that mention a warden or the Wardens Court.\nrelevant mining Act provisions means the provisions of the Mineral Resources Act 1989 that, immediately before the commencement of the LRT Act, section 86 mentioned, directly or indirectly, a warden or the Wardens Court.\ns 90 ins 2007 No. 39 s 27\n(sec.90-ssec.1) The relevant mining Act provisions are taken to continue to have effect as if the Land and Resources Tribunal Act 1999 had not been enacted, but only to the extent necessary for giving full effect to the relevant designated Act provisions.\n(sec.90-ssec.2) A reference in a relevant mining Act provision or relevant designated Act provision to a warden or the Wardens Court is taken to be a reference to the Land Court.\n(sec.90-ssec.3) In subsection (4), definition designated Acts , a reference to an Act includes a reference to any instrument— that has been made or entered into under the Act ; and that the reference to the Act does not otherwise include.\n(sec.90-ssec.4) In this section— designated Acts means the following Acts— Alcan Queensland Pty. Limited Agreement Act 1965 Central Queensland Coal Associates Agreement Act 1968 Offshore Minerals Act 1998 Petroleum Act 1923 Queensland Nickel Agreement Act 1970 Thiess Peabody Coal Pty. Ltd. Agreement Act 1962 . relevant designated Act provisions means the provisions of the designated Acts that mention a warden or the Wardens Court. relevant mining Act provisions means the provisions of the Mineral Resources Act 1989 that, immediately before the commencement of the LRT Act, section 86 mentioned, directly or indirectly, a warden or the Wardens Court.\n- (a) that has been made or entered into under the Act ; and\n- (b) that the reference to the Act does not otherwise include.\n- • Alcan Queensland Pty. Limited Agreement Act 1965\n- • Central Queensland Coal Associates Agreement Act 1968\n- • Offshore Minerals Act 1998\n- • Petroleum Act 1923\n- • Queensland Nickel Agreement Act 1970\n- • Thiess Peabody Coal Pty. Ltd. Agreement Act 1962 .","sortOrder":145},{"sectionNumber":"sec.91","sectionType":"section","heading":"Land Court to assume jurisdiction for proceedings already before the LRT","content":"### sec.91 Land Court to assume jurisdiction for proceedings already before the LRT\n\nThis section applies to a proceeding if—\nthe proceeding was started in the LRT before the commencement of this section; and\nimmediately before the commencement of this section, the proceeding had not finally been disposed of; and\nif the proceeding had been started after the commencement of this section, the proceeding would have been started in the Land Court.\nThe Land Court has jurisdiction to finish a proceeding to which this section applies and for that purpose—\nthe proceeding is a proceeding in the Land Court; and\nthe Land Court has all the powers of the LRT.\nThe president may give any necessary directions about how the proceeding is to be dealt with by the Land Court instead of by the LRT.\nWithout limiting subsection (3), the president may give or make any of the following directions or orders—\nthat the matter be heard afresh entirely or partly;\nthat any record of the LRT or any evidence, materials or submissions before the LRT be taken to be part of the proceeding before the Land Court;\nany costs order, including an order that any costs be paid from the appeal costs fund and for that purpose may grant to any party to the proceeding, other than the State, an indemnity certificate.\nAn indemnity certificate granted under this section—\nhas effect as if it were an indemnity certificate granted to a respondent by the Supreme Court under the Appeal Costs Fund Act 1973 ; and\nentitles a party to whom it is granted to be paid from the appeal costs fund the reasonable costs of the proceeding as assessed by the appeal costs board.\ns 91 ins 2007 No. 39 s 27\n(sec.91-ssec.1) This section applies to a proceeding if— the proceeding was started in the LRT before the commencement of this section; and immediately before the commencement of this section, the proceeding had not finally been disposed of; and if the proceeding had been started after the commencement of this section, the proceeding would have been started in the Land Court.\n(sec.91-ssec.2) The Land Court has jurisdiction to finish a proceeding to which this section applies and for that purpose— the proceeding is a proceeding in the Land Court; and the Land Court has all the powers of the LRT.\n(sec.91-ssec.3) The president may give any necessary directions about how the proceeding is to be dealt with by the Land Court instead of by the LRT.\n(sec.91-ssec.4) Without limiting subsection (3), the president may give or make any of the following directions or orders— that the matter be heard afresh entirely or partly; that any record of the LRT or any evidence, materials or submissions before the LRT be taken to be part of the proceeding before the Land Court; any costs order, including an order that any costs be paid from the appeal costs fund and for that purpose may grant to any party to the proceeding, other than the State, an indemnity certificate.\n(sec.91-ssec.5) An indemnity certificate granted under this section— has effect as if it were an indemnity certificate granted to a respondent by the Supreme Court under the Appeal Costs Fund Act 1973 ; and entitles a party to whom it is granted to be paid from the appeal costs fund the reasonable costs of the proceeding as assessed by the appeal costs board.\n- (a) the proceeding was started in the LRT before the commencement of this section; and\n- (b) immediately before the commencement of this section, the proceeding had not finally been disposed of; and\n- (c) if the proceeding had been started after the commencement of this section, the proceeding would have been started in the Land Court.\n- (a) the proceeding is a proceeding in the Land Court; and\n- (b) the Land Court has all the powers of the LRT.\n- (a) that the matter be heard afresh entirely or partly;\n- (b) that any record of the LRT or any evidence, materials or submissions before the LRT be taken to be part of the proceeding before the Land Court;\n- (c) any costs order, including an order that any costs be paid from the appeal costs fund and for that purpose may grant to any party to the proceeding, other than the State, an indemnity certificate.\n- (a) has effect as if it were an indemnity certificate granted to a respondent by the Supreme Court under the Appeal Costs Fund Act 1973 ; and\n- (b) entitles a party to whom it is granted to be paid from the appeal costs fund the reasonable costs of the proceeding as assessed by the appeal costs board.","sortOrder":146},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Transitional and validation provisions for Penalties and Sentences and Other Legislation Amendment Act 2012","content":"## Transitional and validation provisions for Penalties and Sentences and Other Legislation Amendment Act 2012","sortOrder":147},{"sectionNumber":"sec.92","sectionType":"section","heading":"Definition for div 3","content":"### sec.92 Definition for div 3\n\nIn this division—\ncommencement means the commencement of this section.\ns 92 ins 2012 No. 17 s 28","sortOrder":148},{"sectionNumber":"sec.93","sectionType":"section","heading":"Validation provision for Land Court Rules 2000","content":"### sec.93 Validation provision for Land Court Rules 2000\n\nDespite the Statutory Instruments Act 1992 , section 54 , the Land Court Rules 2000 —\nare taken not to have expired on 1 September 2010; and\ncontinue in force until they are repealed under this Act.\nAnything done, purported to have been done or omitted to be done under the Land Court Rules 2000 before the commencement has the same effect as it would have had if the Land Court Rules 2000 had not expired.\nWithout limiting subsection (2)—\na judgment, order, direction or decision made under the Land Court Rules 2000 before the commencement is taken to be, and to have always been, made under the Land Court Rules 2000 as if those rules had not expired; and\na right, privilege or liability purportedly acquired, accrued or incurred under the Land Court Rules 2000 before the commencement is taken to be, and to have always been, a right, privilege or liability acquired, accrued or incurred under the Land Court Rules 2000 as if those rules had not expired; and\na form approved or purported to have been approved under the Land Court Rules 2000 before the commencement is taken to be, and to have always been, approved under the Land Court Rules 2000 as if those rules had not expired; and\na matter, prescribed under the Land Court Rules 2000 before the commencement, that a judicial registrar may hear and decide is taken to be, and to have always been, a matter prescribed under the Land Court Rules 2000 as if those rules had not expired.\ns 93 ins 2012 No. 17 s 28\n(sec.93-ssec.1) Despite the Statutory Instruments Act 1992 , section 54 , the Land Court Rules 2000 — are taken not to have expired on 1 September 2010; and continue in force until they are repealed under this Act.\n(sec.93-ssec.2) Anything done, purported to have been done or omitted to be done under the Land Court Rules 2000 before the commencement has the same effect as it would have had if the Land Court Rules 2000 had not expired.\n(sec.93-ssec.3) Without limiting subsection (2)— a judgment, order, direction or decision made under the Land Court Rules 2000 before the commencement is taken to be, and to have always been, made under the Land Court Rules 2000 as if those rules had not expired; and a right, privilege or liability purportedly acquired, accrued or incurred under the Land Court Rules 2000 before the commencement is taken to be, and to have always been, a right, privilege or liability acquired, accrued or incurred under the Land Court Rules 2000 as if those rules had not expired; and a form approved or purported to have been approved under the Land Court Rules 2000 before the commencement is taken to be, and to have always been, approved under the Land Court Rules 2000 as if those rules had not expired; and a matter, prescribed under the Land Court Rules 2000 before the commencement, that a judicial registrar may hear and decide is taken to be, and to have always been, a matter prescribed under the Land Court Rules 2000 as if those rules had not expired.\n- (a) are taken not to have expired on 1 September 2010; and\n- (b) continue in force until they are repealed under this Act.\n- (a) a judgment, order, direction or decision made under the Land Court Rules 2000 before the commencement is taken to be, and to have always been, made under the Land Court Rules 2000 as if those rules had not expired; and\n- (b) a right, privilege or liability purportedly acquired, accrued or incurred under the Land Court Rules 2000 before the commencement is taken to be, and to have always been, a right, privilege or liability acquired, accrued or incurred under the Land Court Rules 2000 as if those rules had not expired; and\n- (c) a form approved or purported to have been approved under the Land Court Rules 2000 before the commencement is taken to be, and to have always been, approved under the Land Court Rules 2000 as if those rules had not expired; and\n- (d) a matter, prescribed under the Land Court Rules 2000 before the commencement, that a judicial registrar may hear and decide is taken to be, and to have always been, a matter prescribed under the Land Court Rules 2000 as if those rules had not expired.","sortOrder":149},{"sectionNumber":"sec.94","sectionType":"section","heading":"Transitional provision for approved forms","content":"### sec.94 Transitional provision for approved forms\n\nThis section applies if, immediately before the commencement, a form was approved for a purpose under the Land Court Rules 2000 .\nThe form is taken to have been approved under section 77B for the purpose.\ns 94 ins 2012 No. 17 s 28\n(sec.94-ssec.1) This section applies if, immediately before the commencement, a form was approved for a purpose under the Land Court Rules 2000 .\n(sec.94-ssec.2) The form is taken to have been approved under section 77B for the purpose.","sortOrder":150},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Transitional provision for Mineral and Energy Resources (Common Provisions) Act 2014","content":"## Transitional provision for Mineral and Energy Resources (Common Provisions) Act 2014","sortOrder":151},{"sectionNumber":"sec.95","sectionType":"section","heading":"Pre-amended Act continues to apply for particular negotiated agreements and contract conditions","content":"### sec.95 Pre-amended Act continues to apply for particular negotiated agreements and contract conditions\n\nThis section applies in relation to a proposed mining lease if, on or after the commencement—\na relevant negotiated agreement is obtained; or\nrelevant contract conditions take effect.\nThe pre-amended Act continues to apply for the relevant negotiated agreement or relevant contract conditions.\nIn this section—\ncommencement means the commencement of this section.\npre-amended Act means this Act as in force immediately before the commencement.\nrelevant contract conditions means contract conditions under the pre-amended Act, section 32I(4), definition contract conditions , paragraphs (a) and (b).\nrelevant negotiated agreement means a negotiated agreement under the pre-amended Act, section 32G(5), definition negotiated agreement , paragraph (a), (b) or (c).\ns 95 ins 2014 No. 47 s 349\n(sec.95-ssec.1) This section applies in relation to a proposed mining lease if, on or after the commencement— a relevant negotiated agreement is obtained; or relevant contract conditions take effect.\n(sec.95-ssec.2) The pre-amended Act continues to apply for the relevant negotiated agreement or relevant contract conditions.\n(sec.95-ssec.3) In this section— commencement means the commencement of this section. pre-amended Act means this Act as in force immediately before the commencement. relevant contract conditions means contract conditions under the pre-amended Act, section 32I(4), definition contract conditions , paragraphs (a) and (b). relevant negotiated agreement means a negotiated agreement under the pre-amended Act, section 32G(5), definition negotiated agreement , paragraph (a), (b) or (c).\n- (a) a relevant negotiated agreement is obtained; or\n- (b) relevant contract conditions take effect.","sortOrder":152},{"sectionNumber":"pt.6-div.5","sectionType":"division","heading":"Transitional provisions for State Development and Public Works Organisation and Other Legislation Amendment Act 2015","content":"## Transitional provisions for State Development and Public Works Organisation and Other Legislation Amendment Act 2015","sortOrder":153},{"sectionNumber":"sec.96","sectionType":"section","heading":"Privileges, protection and immunity for powers and functions before commencement","content":"### sec.96 Privileges, protection and immunity for powers and functions before commencement\n\nSection 35 as amended by the State Development and Public Works Organisation and Other Legislation Amendment Act 2015 applies to the exercise or performance of a judicial power or administrative function by the Land Court, a member or a judicial registrar before the commencement as if the power or function were exercised or performed after the commencement.\ns 96 ins 2015 No. 8 s 10","sortOrder":154},{"sectionNumber":"pt.6-div.6","sectionType":"division","heading":"Transitional and saving provisions for Justice and Other Legislation Amendment Act 2020","content":"## Transitional and saving provisions for Justice and Other Legislation Amendment Act 2020","sortOrder":155},{"sectionNumber":"sec.97","sectionType":"section","heading":"Definitions for division","content":"### sec.97 Definitions for division\n\nIn this division—\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement.\nnew , for a provision of this Act, means the provision as in force from the commencement.\ns 97 prev s 97 ins 2015 No. 8 s 10\nexp 23 July 2017 (see s 97(4))\npres s 97 ins 2020 No. 15 s 107","sortOrder":156},{"sectionNumber":"sec.98","sectionType":"section","heading":"Existing applications for leave to rehear matters","content":"### sec.98 Existing applications for leave to rehear matters\n\nThis section applies in relation to an application for leave to have a matter reheard made under former section 12, but not decided, before the commencement.\nNew section 12 applies in relation to the application.\ns 98 prev s 98 ins 2016 No. 32 s 23\nexp 23 July 2017 (see s 99)\npres s 98 ins 2020 No. 15 s 107\n(sec.98-ssec.1) This section applies in relation to an application for leave to have a matter reheard made under former section 12, but not decided, before the commencement.\n(sec.98-ssec.2) New section 12 applies in relation to the application.","sortOrder":157},{"sectionNumber":"sec.99","sectionType":"section","heading":"Existing directions","content":"### sec.99 Existing directions\n\nA direction made under former section 22 that was in effect immediately before the commencement continues in effect as if it were made under new section 22.\ns 99 prev s 99 ins 2016 No. 32 s 23\nexp 23 July 2017 (see s 99)\npres s 99 ins 2020 No. 15 s 107","sortOrder":158},{"sectionNumber":"sec.100","sectionType":"section","heading":"Existing performance of function or exercise of power under recommendatory provision","content":"### sec.100 Existing performance of function or exercise of power under recommendatory provision\n\nThis section applies if, before the commencement, the Land Court had started, but not finished, performing a function or exercising a power conferred on the court under a recommendatory provision.\nFormer part 2 continues to apply in relation to the performance of the function or the exercise of the power as if the Justice and Other Legislation Amendment Act 2020 had not been enacted.\ns 100 ins 2020 No. 15 s 107\n(sec.100-ssec.1) This section applies if, before the commencement, the Land Court had started, but not finished, performing a function or exercising a power conferred on the court under a recommendatory provision.\n(sec.100-ssec.2) Former part 2 continues to apply in relation to the performance of the function or the exercise of the power as if the Justice and Other Legislation Amendment Act 2020 had not been enacted.","sortOrder":159},{"sectionNumber":"sec.101","sectionType":"section","heading":"Proceedings and declarations under former s 33","content":"### sec.101 Proceedings and declarations under former s 33\n\nA proceeding started under former section 33 before the commencement may continue to be heard and decided by the Land Court under new section 12A.\nA declaration made under former section 33 that was in effect immediately before the commencement is taken to be a declaration made under new section 12A.\ns 101 ins 2020 No. 15 s 133\n(sec.101-ssec.1) A proceeding started under former section 33 before the commencement may continue to be heard and decided by the Land Court under new section 12A.\n(sec.101-ssec.2) A declaration made under former section 33 that was in effect immediately before the commencement is taken to be a declaration made under new section 12A.","sortOrder":160}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has been extended and adjusted through later provisions and amendments reflected in the text. Examples in the current text show new and clarified areas of jurisdiction and procedure compared with the original structural framework: (1) specific jurisdiction and procedures for native title and cultural heritage matters (ss.32E–32H); (2) creation of Indigenous assessors and rules for their use in prescribed proceedings (ss.32A–32D); (3) application and special cost rules when the Land Court performs recommendatory or administrative functions under other Acts (ss.52A–52C); and (4) transitional provisions transferring functions and proceedings from predecessor bodies (including the Land and Resources Tribunal and Wardens Court) into the Land Court with detailed savings and directions (ss.86–91, 91). These additions and transitional rules show that the operational and substantive scope of the Land Court has been broadened and adapted since the Act’s original enactment."},"complexity_factors":["Extensive cross‑referencing to other Acts and subordinate legislation (e.g. Civil Proceedings Act 2011, various environmental, cultural heritage and mineral Acts) (ss.21, 27C, 52A–52C).","Multiple appointment and status regimes (full‑time members, part‑time appointees from Land Tribunal, acting members, judicial registrars, associates) with differing conditions and protections (ss.16–19, 28–31, 45, 50A).","Blended judicial and administrative functions (recommendatory provisions) with different procedural and cost rules when the court acts administratively versus adjudicatively (ss.52A–52C, s.22).","Specialist participation mechanisms (Indigenous assessors) that are advisory and require disclosure and party submissions (ss.32A–32D).","Multiple appeal layers and strict timeframes (Land Court → Land Appeal Court → Court of Appeal with leave) and differing constitutions for appeal benches (parts 3–4, ss.58–66, 74–76).","Numerous transitional, savings and validation provisions tying in predecessor bodies and rules (pt.6, especially ss.86–91, 93–95) that affect ongoing proceedings and entitlements.","Discretion placed in executive (Governor in Council, president, Chief Justice) to make rules, appointments and directions that materially affect court practice (ss.16, 21, 22, 62)."],"plain_english_summary":"### What this law does, in plain terms\n\n- Establishes two specialist courts: the Land Court (a court of record) and the Land Appeal Court (a court of record) (ss.4, 53). These courts hear, decide and enforce disputes and administrative matters that relate to land, mining, native title and certain cultural heritage matters (ss.5, 32E–32H, 32F–32G).\n\n- Gives the Land Court broad decision‑making powers including powers equivalent to those of the Supreme Court when acting under this Act or another Act (so it can grant injunctions, declarations, appoint receivers, order stays, punish contempt and restrict publication of records) (s.7A; ss.8–9; s.7B). Appeals from the Land Court go to the Land Appeal Court; limited appeals from the Land Appeal Court can go to the Court of Appeal with leave (parts 3–4).\n\n- Sets how the Land Court and Land Appeal Court operate: their procedures are governed by rules made by the Governor in Council with the Chief Justice and the president (s.21); the court and its president may also make directions about procedure that can override the rules to the extent of inconsistency (s.22). The courts are not strictly bound by formal evidence rules and must act according to equity and the substantial merits of a case (ss.7, 55).\n\n- Establishes judicial and administrative roles and appointment rules: the Governor in Council appoints the president and members (s.16); judicial registrars, acting members, deputies and other officers are provided for (ss.19, 28–31, 48–51). Qualifications and term lengths for members and registrars, protections, retirement ages and removal procedures are set out (ss.16, 38–46, 43).\n\n- Introduces specialist participation and decision supports: Indigenous assessors may be appointed to advise the court in prescribed proceedings; their role is advisory and their advice must be disclosed to the parties (ss.32A–32D). The Act also sets out how the Land Court performs functions that are \"recommendatory provisions\" under other Acts (ss.52A–52C).\n\n- Sets cost rules and alternative dispute procedures: the Land Court may order costs as it considers appropriate (s.27A); alternative dispute resolution (ADR) requirements in the Civil Proceedings Act apply to proceedings under this part (s.27C). For recommendatory functions, each party generally bears its own costs unless the court makes an order in specified circumstances (s.52C).\n\n- Provides transitional and savings rules for migration of roles and proceedings from the former Land and Resources Tribunal / Wardens Court arrangements into the Land Court (ss.86–91, 90–91, pt.6 generally). The Land Court may assume and finish proceedings begun under predecessor arrangements (s.91).\n\n\nWhy it matters (stated objectively and mechanically)\n\n- It centralises and defines who decides and how land, mining, native title and cultural heritage disputes and administrative matters are handled in Queensland: which tribunal hears them, what powers that tribunal has, who is appointed to decide, and who bears costs (see especially ss.5, 7A, 16, 21, 52A–52C).\n\n- It creates formal pathways for enforcement and appeal (s.7B; parts 3–4), and it provides mechanisms to include specialist local knowledge (Indigenous assessors — ss.32A–32D) while keeping final judicial control with legally qualified members.\n\n\nPractical implementation and incentive notes (source sections cited)\n\n- Who pays: parties generally bear their own costs unless the court orders otherwise (s.27A). For recommendatory functions (for example certain cultural heritage, environmental or mining hearings) each party ordinarily bears their own costs, but the court may order costs in specific circumstances such as frivolous or out‑of‑jurisdiction objections (s.52C(2)–(3)). This allocates litigation risk and economic incentives directly to private parties unless the court exercises its discretion (s.52C).\n\n- Who decides and where discretion sits: appointment and remuneration of members, registrars and associates are executive decisions (Governor in Council; president; Chief Justice for appeal judges) (ss.16, 28, 50A, 62). The president has administrative control of the Land Court and may make directions to manage court business (s.17A; s.22). The rules that govern procedures are subordinate legislation made with judicial concurrence, leaving scope for administrative drafting (s.21).\n\n- Behavioural effects on private actors and firms: businesses and individuals involved in land, mining or development projects face a tribunal with broad injunctive and remedial powers (s.7A; s.32H) and procedures that emphasise equity and the substantial merits over technical pleading (s.7). This can increase regulatory and compliance attention on project proponents because injunctive relief and interlocutory orders can halt activity pending hearings (ss.7A(2)(b), 32H).\n\n- Compliance burden and timing rules: the Act imposes procedural time limits (for rehearing applications and appeals — 42 days) (ss.12, 31, 65, 75) and allows preliminary conferences and ADR to be used to settle or narrow disputes (ss.27B, 27C). Parties must be prepared to negotiate and, where represented, their lawyers must generally have settlement authority in conference or ADR (ss.27B(2)–(3), 27C(3)).\n\n- Concentrated vs diffuse effects: the Act concentrates decision‑making power in appointed judicial members and the president (ss.16, 17A, 61), while costs and operational burdens fall on the parties before the court (s.27A; s.52C). Specific groups — for example the State, mining applicants, and Aboriginal or Torres Strait Islander groups — are given particular procedural or substantive roles (ss.32F–32G, 32H; s.5). That creates predictable benefits for parties who frequently appear before the court and predictable costs for those who must defend or pursue claims.\n\n- Implementation risks and transition issues: the Act contains detailed transitional and validation provisions for transferring functions from predecessor bodies (pt.6, esp. ss.86–91, 93–95). Those transitional rules centralise responsibility in the Land Court but require careful management of ongoing proceedings and legacy entitlements (s.91). The president has express power to direct how transferred proceedings are to be managed (s.91(3)–(4)).\n\n\nTrade‑offs and potential frictions (mechanical description)\n\n- Broad judicial powers and informality on evidence (ss.7, 7A) give the court flexibility to resolve complex land and cultural matters quickly, but that flexibility also places significant weight on judicial discretion and rule‑making (s.21), which shapes predictability for litigants.\n\n- The Act integrates ADR and encourages early settlement (ss.27B, 27C) which can reduce formal litigation costs but may require parties to engage in extra pre‑trial negotiations and to have settlement authority available (ss.27B(3), 27C(3)).\n\n- For recommendatory functions, the default rule that each party bears its own costs (s.52C(2)) reduces the State’s expenditure on these processes but places most financial burden on private parties and objectors unless the court orders otherwise in enumerated situations (s.52C(3)).\n\n\nHow the Act changed mechanically (high‑level):\n\n- Over time the Act has been amended to add or clarify jurisdiction for native title and cultural heritage matters, to provide for Indigenous assessors, to clarify costs rules for recommendatory functions, and to transfer or continue functions previously held by other tribunals (notably the LRT/Wardens Court) into the Land Court (see ss.32A–32D; ss.52A–52C; ss.86–91)."},"kimi_summary":{"_metrics":{"completionTokens":662},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 2000 form. Major additions include: Indigenous assessor provisions (2007), native title and cultural heritage jurisdiction (2007), judicial registrar powers (2007, 2013), 'recommendatory provisions' framework (2017, 2020), and extensive transitional protections for former Land and Resources Tribunal members. The 2020 amendments substantially restructured Part 2, adding new divisions for proceedings and appeals. What began as a relatively straightforward court establishment Act now incorporates complex administrative functions, alternative dispute resolution rules, and specialised Indigenous heritage protections."},"complexity_factors":["Multiple overlapping courts with different jurisdictions (Land Court, Land Appeal Court, Court of Appeal)","Extensive cross-referencing to other Acts (Civil Proceedings Act 2011, Native Title Act, various mining and heritage Acts)","Numerous transitional provisions preserving rights from predecessor bodies (LRT, Wardens Court)","Conditional logic for appointments (full-time vs part-time, acting vs permanent, age 70 retirement with exceptions)","Nested definitions and exceptions (e.g., 'recommendatory provisions' in section 52A with 7 sub-categories)","Complex cost-shifting rules with multiple exceptions (section 52C)","Indigenous assessor provisions with dual eligibility criteria (practical experience OR academic publication, plus 2+ knowledge areas)","Pension and superannuation provisions with multiple conditional pathways (sections 40, 86-89)","21+ amending Acts incorporated throughout, requiring reconciliation of multiple versions"],"plain_english_summary":"This Act establishes and governs two Queensland courts that deal with land-related disputes: the **Land Court** (a specialist trial court) and the **Land Appeal Court** (an appellate body).\n\n**What the Land Court does:**\n- Hears disputes about land, mining, petroleum, and native title matters\n- Can make binding decisions, grant injunctions, and enforce its orders\n- Must decide cases based on fairness and common sense rather than strict legal technicalities\n- Has special powers to protect Aboriginal and Torres Strait Islander cultural heritage\n- Can use Indigenous assessors—experts in cross-cultural and heritage issues—to advise on relevant cases\n\n**Who can be a Land Court member:**\n- Lawyers with at least 5 years' experience in land, mining, petroleum, or Indigenous matters\n- Appointed by the Governor in Council for up to 15 years\n- Must retire at age 70 (but can finish any case they've started)\n\n**The Land Appeal Court:**\n- Hears appeals from Land Court decisions\n- Made up of a Supreme Court judge plus two Land Court members\n- Decisions can be further appealed to Queensland's Court of Appeal, but only on legal questions and only with permission\n\n**Key features:**\n- The court can sit anywhere in Queensland—not just Brisbane\n- Parties can represent themselves or use lawyers\n- The court encourages settlement through mediation and preliminary conferences\n- Judicial registrars (senior court officers) can hear certain matters\n- Costs generally follow the outcome, but parties may bear their own costs in some circumstances"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act began as a framework to establish a specialised land court for Queensland, primarily focused on land valuation and rural/property disputes. Over time, through multiple amendments (notably 2007 and 2013), the scope expanded significantly to include jurisdiction over native title objections under Commonwealth law, Indigenous land use agreements, cultural heritage protection for Aboriginal and Torres Strait Islander peoples, mining and petroleum licensing disputes, and environmental matters. The addition of indigenous assessors, recommendatory provisions, and extensive interaction with resource and environmental legislation reflects a substantial broadening beyond the original land tribunal replacement function."},"complexity_factors":["Extensive cross-referencing to numerous other Queensland Acts (Mineral Resources Act 1989, Environmental Protection Act 1994, Petroleum and Gas Act 2004, Aboriginal Cultural Heritage Act 2003, Torres Strait Islander Cultural Heritage Act 2003, Land Valuation Act 2010, Commonwealth Native Title Act, Civil Proceedings Act 2011, Judicial Remuneration Act 2007, Judges (Pensions and Long Leave) Act 1957, Superannuation (State Public Sector) Act 1990, Public Sector Act 2022)","Multiple tiers of court officers (members, acting members, judicial registrars, acting judicial registrars, indigenous assessors) with different appointment conditions, powers and limitations","Dual function of the court — it acts both as a judicial tribunal (making binding decisions) and in an administrative/recommendatory capacity, with different procedural rules applying to each","Complex superannuation and pension provisions for members, including election rights and interaction with the public sector superannuation scheme","Interaction between Queensland law and Commonwealth Native Title Act, creating layered jurisdictional questions","Numerous amendments over two decades (2001–2022) creating renumbered and relocated provisions that are difficult to trace historically","Distinction between exclusive and non-exclusive jurisdiction, with carve-outs and qualifications requiring careful cross-reading","Special provisions for Indigenous assessors, including eligibility criteria, allocation discretion and procedural disclosure requirements"],"plain_english_summary":"## What is this law?\n\nThe **Land Court Act 2000** is a Queensland law that establishes and governs the **Land Court of Queensland** — a specialist court that deals with disputes involving land, mining, resources, and Indigenous rights.\n\n## Who does it affect?\n\nThis law affects:\n- **Property owners and developers** involved in land valuation disputes or compulsory acquisition (when the government takes your land)\n- **Mining and resources companies** seeking or opposing mining tenements (licences to mine)\n- **Aboriginal and Torres Strait Islander people** with native title claims or cultural heritage interests\n- **Farmers and rural landholders** dealing with land access by resource companies\n- **Anyone disputing a government decision** about land or resources in Queensland\n\n## What does the court actually do?\n\nThe Land Court handles a wide variety of disputes, including:\n- **Land valuations** — if you think the government has valued your property incorrectly for rates or compensation purposes\n- **Mining and petroleum objections** — if you object to a mining company getting a licence near your land\n- **Native title matters** — hearing objections and disputes under Commonwealth native title law\n- **Cultural heritage protection** — allowing Aboriginal and Torres Strait Islander groups to seek court orders (called *injunctions*) to stop activities that damage culturally significant sites\n- **Indigenous land use agreements** — disputes about agreements between the government and Indigenous communities\n\n## How does the court work?\n\n- A single judge-like officer (called a **member**) usually runs each case\n- The court is **not bound by strict rules of evidence** — it can consider information it thinks is relevant, not just what lawyers formally present\n- It must act with **fairness and good conscience**, focusing on the real merits of a case rather than legal technicalities\n- It has **the same powers as the Supreme Court**, including ordering injunctions (court orders to stop someone doing something), appointing receivers, and punishing people for contempt\n- **Indigenous assessors** — experts in cross-cultural and Indigenous issues — can be appointed to advise the court in relevant cases\n- The court can **suppress (keep private) information** about proceedings, and can consider Aboriginal tradition and Island custom when deciding whether to do so\n- Parties can appear in person, through a lawyer, or through an agent\n- The court encourages **settlement** through preliminary conferences and alternative dispute resolution (mediation, negotiation)\n\n## Key officers of the court\n\n- **President** — the head of the court, responsible for its administration; must be a lawyer of at least 5 years' standing with expertise in land, mining, petroleum, or Indigenous issues; appointed for up to 15 years and must retire at 70\n- **Members** — judge-like decision-makers with similar qualifications; appointed by the Governor in Council\n- **Judicial registrars** — officers who can hear and decide certain matters; must be qualified lawyers; cannot punish for contempt\n- **Indigenous assessors** — advisors (not decision-makers) with expertise in Indigenous issues, cross-cultural matters or cultural heritage\n- **Registrar and deputy registrars** — administrative staff who run the registry (office) of the court\n\n## Appeals and reviews\n\n- If you disagree with a decision, you can **apply for a rehearing** within 42 days, but only if the decision was based on a mistake of fact (not just because you disagree with the legal reasoning)\n- Court orders can be enforced through the Supreme Court\n\n## Why does it matter?\n\nThis court sits at the intersection of some of Queensland's biggest issues — resources development, land rights, and Indigenous heritage. If a mining company wants access to land near you, or the government acquires your property, or a culturally important site is at risk, this is the court that will likely be involved."}},"importantCases":[],"_links":{"self":"/api/acts/land-court-act-2000","history":"/api/acts/land-court-act-2000/history","analysis":"/api/acts/land-court-act-2000/analysis","conflicts":"/api/acts/land-court-act-2000/conflicts","importantCases":"/api/acts/land-court-act-2000/important-cases","documents":"/api/acts/land-court-act-2000/documents"}}