QLDIn ForceAct
Fossicking Act 1994
sec.103Powers of Land Court on appeal
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### sec.103 Powers of Land Court on appeal
In deciding an appeal, the Land Court may—
confirm the decision appealed against; or
set aside the decision and substitute another decision; or
set aside the decision and return the decision to the authorised officer, issuing officer or the chief executive with directions the court considers appropriate.
In substituting another decision, the Land Court has the same powers as an authorised officer, issuing officer or the chief executive.
The Land Court may decide an unsuccessful applicant for a licence be granted the licence either unconditionally or on particular conditions.
If the Land Court substitutes another decision, the substituted decision is taken, for the purposes of this Act, to be the decision of the authorised officer, issuing officer or the chief executive.
s 103 amd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch ; 2013 No. 10 s 36
(sec.103-ssec.1) In deciding an appeal, the Land Court may— confirm the decision appealed against; or set aside the decision and substitute another decision; or set aside the decision and return the decision to the authorised officer, issuing officer or the chief executive with directions the court considers appropriate.
(sec.103-ssec.2) In substituting another decision, the Land Court has the same powers as an authorised officer, issuing officer or the chief executive. The Land Court may decide an unsuccessful applicant for a licence be granted the licence either unconditionally or on particular conditions.
(sec.103-ssec.3) If the Land Court substitutes another decision, the substituted decision is taken, for the purposes of this Act, to be the decision of the authorised officer, issuing officer or the chief executive.
- (a) confirm the decision appealed against; or
- (b) set aside the decision and substitute another decision; or
- (c) set aside the decision and return the decision to the authorised officer, issuing officer or the chief executive with directions the court considers appropriate.