QLDIn ForceAct
Mineral Resources Act 1989
sec.42Powers of Land Court on appeal
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### sec.42 Powers of Land Court on appeal
In deciding an appeal, the Land Court may—
confirm the decision appealed against; or
set the decision aside and substitute another decision; or
set aside the decision and return the issue to the chief executive with directions the Land Court considers appropriate.
In substituting another decision, the Land Court has the same powers as the chief executive.
The Land Court may decide that an unsuccessful applicant for a prospecting permit be granted the permit and impose conditions on it.
If the Land Court substitutes another decision, the substituted decision is taken to be the decision of the chief executive.
s 42 ins 1995 No. 21 s 15
amd 1999 No. 7 s 87 sch 3 ; 2007 No. 39 s 41 sch ; 2013 No. 10 s 193 sch 1
(sec.42-ssec.1) In deciding an appeal, the Land Court may— confirm the decision appealed against; or set the decision aside and substitute another decision; or set aside the decision and return the issue to the chief executive with directions the Land Court considers appropriate.
(sec.42-ssec.2) In substituting another decision, the Land Court has the same powers as the chief executive. The Land Court may decide that an unsuccessful applicant for a prospecting permit be granted the permit and impose conditions on it.
(sec.42-ssec.3) If the Land Court substitutes another decision, the substituted decision is taken to be the decision of the chief executive.
- (a) confirm the decision appealed against; or
- (b) set the decision aside and substitute another decision; or
- (c) set aside the decision and return the issue to the chief executive with directions the Land Court considers appropriate.