QLDIn ForceAct
Mineral Resources Act 1989
sec.40Stay of operation of decisions
Start here
Get a plain-English read of sec.40
Turn the raw legal text into a practical explanation grounded in Mineral Resources Act 1989.
### sec.40 Stay of operation of decisions
The Land Court may stay a decision appealed against to secure the effectiveness of the appeal.
A stay—
may be given on conditions the Land Court considers appropriate; and
operates for the period fixed by the Land Court; and
may be revoked or amended by the Land Court.
The period of a stay fixed by the Land Court must not extend past the time when the Land Court decides the appeal.
A decision, or the carrying out of a decision, is affected by the starting of an appeal against the decision only if the decision is stayed.
s 40 ins 1995 No. 21 s 15
amd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch
(sec.40-ssec.1) The Land Court may stay a decision appealed against to secure the effectiveness of the appeal.
(sec.40-ssec.2) A stay— may be given on conditions the Land Court considers appropriate; and operates for the period fixed by the Land Court; and may be revoked or amended by the Land Court.
(sec.40-ssec.3) The period of a stay fixed by the Land Court must not extend past the time when the Land Court decides the appeal.
(sec.40-ssec.4) A decision, or the carrying out of a decision, is affected by the starting of an appeal against the decision only if the decision is stayed.
- (a) may be given on conditions the Land Court considers appropriate; and
- (b) operates for the period fixed by the Land Court; and
- (c) may be revoked or amended by the Land Court.