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Mineral Resources Act 1989
sec.268Hearing of application for grant of mining lease
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### sec.268 Hearing of application for grant of mining lease
On the date fixed for the hearing of the application for the grant of the mining lease and objections thereto, the Land Court shall hear the application and objections thereto and all other matters that pursuant to this part are to be heard, considered or determined by the Land Court in respect of that application at the one hearing of the Land Court.
At a hearing pursuant to subsection (1) the Land Court shall take such evidence, shall hear such persons and inform itself in such manner as it considers appropriate in order to determine the relative merits of the application, objections and other matters and shall not be bound by any rule or practice as to evidence.
The Land Court shall not entertain an objection to an application or any ground thereof or any evidence in relation to any ground if the objection or ground is not contained in an objection that has been duly lodged in respect of the application.
The Land Court may direct an inspection or view of the land the subject of the application.
Nothing in subsection (1) shall prevent the adjournment from time to time of a hearing.
Nothing in subsection (1) shall prevent the question of compensation being determined by the Land Court pursuant to section 279 .
The Minister may require at any time the Land Court to advise the reasons why a hearing under this section has not been finalised.
In this section—
application includes any additional document about the application given by the applicant to the chief executive.
s 268 amd 1990 No. 30 s 30 ; 1999 No. 7 s 87 sch 3 ; 2000 No. 64 ss 139 , 174 sch ; 2007 No. 39 s 41 sch ; 2010 No. 17 s 48 sch ; 2013 No. 10 s 193 sch 1 ; 2020 No. 15 s 153
(sec.268-ssec.1) On the date fixed for the hearing of the application for the grant of the mining lease and objections thereto, the Land Court shall hear the application and objections thereto and all other matters that pursuant to this part are to be heard, considered or determined by the Land Court in respect of that application at the one hearing of the Land Court.
(sec.268-ssec.2) At a hearing pursuant to subsection (1) the Land Court shall take such evidence, shall hear such persons and inform itself in such manner as it considers appropriate in order to determine the relative merits of the application, objections and other matters and shall not be bound by any rule or practice as to evidence.
(sec.268-ssec.3) The Land Court shall not entertain an objection to an application or any ground thereof or any evidence in relation to any ground if the objection or ground is not contained in an objection that has been duly lodged in respect of the application.
(sec.268-ssec.4) The Land Court may direct an inspection or view of the land the subject of the application.
(sec.268-ssec.5) Nothing in subsection (1) shall prevent the adjournment from time to time of a hearing.
(sec.268-ssec.6) Nothing in subsection (1) shall prevent the question of compensation being determined by the Land Court pursuant to section 279 .
(sec.268-ssec.7) The Minister may require at any time the Land Court to advise the reasons why a hearing under this section has not been finalised.
(sec.268-ssec.8) In this section— application includes any additional document about the application given by the applicant to the chief executive.