sec.52CCosts in relation to performing functions and exercising powers under recommendatory provisions

### sec.52C Costs in relation to performing functions and exercising powers under recommendatory provisions This section applies if the Land Court is performing a function conferred on the court under a recommendatory provision. Each party to the performance of the function must bear the party’s own costs in relation to the performance of the function. 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. 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. Section 7B applies in relation to an order made under subsection (3) . 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 . s 52C ins 2020 No. 15 s 105 (sec.52C-ssec.1) This section applies if the Land Court is performing a function conferred on the court under a recommendatory provision. (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. (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. (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. (sec.52C-ssec.5) Section 7B applies in relation to an order made under subsection (3) . (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 . - (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; - (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; - (b) a party has not been given reasonable notice of an intention to apply for an adjournment of the performance of the function; - (c) a party is required to apply for an adjournment of the performance of the function because of the conduct of another party; - (d) without limiting paragraph (c) , a party has introduced, or sought to introduce, new material; - (e) a party has defaulted in the Land Court’s procedural requirements; - (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. - (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. - (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; - (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. - (a) the scale of costs applying to another court; and - (b) any other matter the Land Court considers relevant. - (a) the Aboriginal Cultural Heritage Act 2003 , section 76 or 111 ; or - (b) the Environmental Protection Act 1994 , section 182 ; or - (c) the Mineral Resources Act 1989 , section 71 or 260 ; or - (d) the Torres Strait Islander Cultural Heritage Act 2003 , section 76 or 111 .