QLDIn ForceAct
Mineral Resources Act 1989
sec.364Application for interim orders by remote means
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### sec.364 Application for interim orders by remote means
Where by reason of distance, urgency or other circumstances affecting a particular case, it is impracticable for a party to a cause or matter within the jurisdiction, under this Act, of the Land Court to make application to the Land Court for an order for the detention or preservation of any property or thing, being the subject matter of the litigation or as to which any question may arise therein, the party may make the application to the chief executive in the same manner that an application could be made to the Land Court.
Where an application is made pursuant to subsection (1) to the chief executive, the chief executive shall forthwith advise the Land Court (whether by means of telephone, radio, telex, facsimile transmission or other facility for distance communication) of the application and of all relevant details and any supporting evidence produced to the chief executive in respect of the application.
On the giving of the advice under subsection (2) , the Land Court may make any order it could have made had the application been made in its presence.
Upon making an order pursuant to subsection (3) the Land Court shall forthwith inform the chief executive by like means referred to in subsection (2) of the order and the chief executive must, as soon as practicable, give each party a copy of the order.
The order must state the day and place that the order was made.
s 364 amd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch ; 2013 No. 10 s 193 sch 1
(sec.364-ssec.1) Where by reason of distance, urgency or other circumstances affecting a particular case, it is impracticable for a party to a cause or matter within the jurisdiction, under this Act, of the Land Court to make application to the Land Court for an order for the detention or preservation of any property or thing, being the subject matter of the litigation or as to which any question may arise therein, the party may make the application to the chief executive in the same manner that an application could be made to the Land Court.
(sec.364-ssec.2) Where an application is made pursuant to subsection (1) to the chief executive, the chief executive shall forthwith advise the Land Court (whether by means of telephone, radio, telex, facsimile transmission or other facility for distance communication) of the application and of all relevant details and any supporting evidence produced to the chief executive in respect of the application.
(sec.364-ssec.3) On the giving of the advice under subsection (2) , the Land Court may make any order it could have made had the application been made in its presence.
(sec.364-ssec.4) Upon making an order pursuant to subsection (3) the Land Court shall forthwith inform the chief executive by like means referred to in subsection (2) of the order and the chief executive must, as soon as practicable, give each party a copy of the order.
(sec.364-ssec.5) The order must state the day and place that the order was made.