sec.363Substantive jurisdiction

### sec.363 Substantive jurisdiction The Land Court shall have jurisdiction to hear and determine actions, suits and proceedings arising in relation to prospecting, exploration or mining, to any activity under section 386V , or to any permit, claim, licence or lease granted or issued under this Act or any other Act relating to mining. Without limiting the generality of subsection (1) , the Land Court shall have jurisdiction to hear and determine actions, suits and proceedings with respect to— the right to possession of or other interest or share in any mining claim, exploration permit, mineral development licence or mining lease; and the rights and entitlements to minerals mined under any mining tenement or other authority granted under this Act or any other Act relating to mining and to the products of mining; and the area, dimensions and boundaries of land (including the surface area of land) the subject of a mining tenement; and any encroachment or trespass upon or interference with or damage to land the subject of a prospecting permit, mining claim, exploration permit, mineral development licence, mining lease or other authority granted under this Act, or to land entered under section 386V , or to the buildings, plant, machinery or equipment thereon; and any matter arising between applicants or holders in relation to prospecting, exploring or mining, or arising between applicants or holders and owners of land in relation to prospecting, exploring or mining; and any dispute or other matter arising between persons identified in native title protection conditions as an explorer or as a native title party, if the conditions— under section 25AA , are included in the conditions imposed on a prospecting permit; or under section 141AA , are included in the conditions determined for an exploration permit; or under section 194AAA , are included in the conditions determined for a mineral development licence; and any dispute or other matter arising between a person carrying out an activity under section 386V on land and the owner or occupier of the land; and any determination or review of compensation as provided for under this Act or any other Act relating to mining; and the enforcement of any agreement or determination as to compensation under this Act or any other Act relating to mining; and any assessment of damage, injury or loss arising from activities purported to have been carried on under the authority of this Act, including under section 386V , or any other Act relating to mining; and an authorisation to enter land under section 344D ; and any application required by this Act or any Act relating to mining to be made or heard in the Land Court. The Land Court also has jurisdiction to hear and determine actions, suits and proceedings with respect to any demand for debt or damages arising out of or made in respect of— the carrying on of prospecting, exploring or mining; or any agreement relating to prospecting, exploring or mining; or the carrying out of an activity under section 386V . This section does not confer jurisdiction on the Land Court in relation to the recovery of wages or amounts owing under an industrial award or agreement. s 363 amd 1990 No. 30 s 38 ; 1995 No. 21 s  98 ; 1999 No. 7 s 87 sch 3 ; 2000 No. 64 ss 162 , 174 sch ; 2003 No. 77 s 101 ; 2007 No. 39 s 41 sch ; 2016 No. 32 s 31 ; 2014 No. 47 s 458B (amd 2016 No. 30 s 100 ); 2017 No. 28 s 30 ; 2020 No. 14 s 218 sch 1 (sec.363-ssec.1) The Land Court shall have jurisdiction to hear and determine actions, suits and proceedings arising in relation to prospecting, exploration or mining, to any activity under section 386V , or to any permit, claim, licence or lease granted or issued under this Act or any other Act relating to mining. (sec.363-ssec.2) Without limiting the generality of subsection (1) , the Land Court shall have jurisdiction to hear and determine actions, suits and proceedings with respect to— the right to possession of or other interest or share in any mining claim, exploration permit, mineral development licence or mining lease; and the rights and entitlements to minerals mined under any mining tenement or other authority granted under this Act or any other Act relating to mining and to the products of mining; and the area, dimensions and boundaries of land (including the surface area of land) the subject of a mining tenement; and any encroachment or trespass upon or interference with or damage to land the subject of a prospecting permit, mining claim, exploration permit, mineral development licence, mining lease or other authority granted under this Act, or to land entered under section 386V , or to the buildings, plant, machinery or equipment thereon; and any matter arising between applicants or holders in relation to prospecting, exploring or mining, or arising between applicants or holders and owners of land in relation to prospecting, exploring or mining; and any dispute or other matter arising between persons identified in native title protection conditions as an explorer or as a native title party, if the conditions— under section 25AA , are included in the conditions imposed on a prospecting permit; or under section 141AA , are included in the conditions determined for an exploration permit; or under section 194AAA , are included in the conditions determined for a mineral development licence; and any dispute or other matter arising between a person carrying out an activity under section 386V on land and the owner or occupier of the land; and any determination or review of compensation as provided for under this Act or any other Act relating to mining; and the enforcement of any agreement or determination as to compensation under this Act or any other Act relating to mining; and any assessment of damage, injury or loss arising from activities purported to have been carried on under the authority of this Act, including under section 386V , or any other Act relating to mining; and an authorisation to enter land under section 344D ; and any application required by this Act or any Act relating to mining to be made or heard in the Land Court. (sec.363-ssec.3) The Land Court also has jurisdiction to hear and determine actions, suits and proceedings with respect to any demand for debt or damages arising out of or made in respect of— the carrying on of prospecting, exploring or mining; or any agreement relating to prospecting, exploring or mining; or the carrying out of an activity under section 386V . (sec.363-ssec.4) This section does not confer jurisdiction on the Land Court in relation to the recovery of wages or amounts owing under an industrial award or agreement. - (a) the right to possession of or other interest or share in any mining claim, exploration permit, mineral development licence or mining lease; and - (b) the rights and entitlements to minerals mined under any mining tenement or other authority granted under this Act or any other Act relating to mining and to the products of mining; and - (c) the area, dimensions and boundaries of land (including the surface area of land) the subject of a mining tenement; and - (d) any encroachment or trespass upon or interference with or damage to land the subject of a prospecting permit, mining claim, exploration permit, mineral development licence, mining lease or other authority granted under this Act, or to land entered under section 386V , or to the buildings, plant, machinery or equipment thereon; and - (e) any matter arising between applicants or holders in relation to prospecting, exploring or mining, or arising between applicants or holders and owners of land in relation to prospecting, exploring or mining; and - (ea) any dispute or other matter arising between persons identified in native title protection conditions as an explorer or as a native title party, if the conditions— (i) under section 25AA , are included in the conditions imposed on a prospecting permit; or (ii) under section 141AA , are included in the conditions determined for an exploration permit; or (iii) under section 194AAA , are included in the conditions determined for a mineral development licence; and - (i) under section 25AA , are included in the conditions imposed on a prospecting permit; or - (ii) under section 141AA , are included in the conditions determined for an exploration permit; or - (iii) under section 194AAA , are included in the conditions determined for a mineral development licence; and - (eb) any dispute or other matter arising between a person carrying out an activity under section 386V on land and the owner or occupier of the land; and - (f) any determination or review of compensation as provided for under this Act or any other Act relating to mining; and - (g) the enforcement of any agreement or determination as to compensation under this Act or any other Act relating to mining; and - (h) any assessment of damage, injury or loss arising from activities purported to have been carried on under the authority of this Act, including under section 386V , or any other Act relating to mining; and - (ha) an authorisation to enter land under section 344D ; and - (i) any application required by this Act or any Act relating to mining to be made or heard in the Land Court. - (i) under section 25AA , are included in the conditions imposed on a prospecting permit; or - (ii) under section 141AA , are included in the conditions determined for an exploration permit; or - (iii) under section 194AAA , are included in the conditions determined for a mineral development licence; and - (a) the carrying on of prospecting, exploring or mining; or - (b) any agreement relating to prospecting, exploring or mining; or - (c) the carrying out of an activity under section 386V .