QLDIn ForceAct
Mineral Resources Act 1989
sec.734Separate hearings
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### sec.734 Separate hearings
This section applies if, for an application for the granting of a mining claim or mining lease—
the provisions of this Act, other than the native title provisions, have been complied with, wholly or partly; and
part 17, division 4 is to be applied to the granting; and
a hearing (the earlier hearing ) has already been held under part 4 or 7 for the granting of the mining claim or mining lease.
The tribunal is not required, at a hearing under part 17, division 4, to consider any issue dealt with at the earlier hearing.
If a hearing is required under part 17, division 4, sections 671 and 672 do not apply, but—
the mining registrar must, within 10 business days after the pre-referral period ends, fix a day for the hearing; and
all consultation and negotiation parties have the right to be heard at the hearing; and
the tribunal must hear the application and make a native title issues decision.
s 734 ins 1998 No. 38 s 12 (amd 1999 No. 35 s 55 )
amd 2000 No. 36 s 18 sch 1 ; 2005 No. 8 s 2 sch
(sec.734-ssec.1) This section applies if, for an application for the granting of a mining claim or mining lease— the provisions of this Act, other than the native title provisions, have been complied with, wholly or partly; and part 17, division 4 is to be applied to the granting; and a hearing (the earlier hearing ) has already been held under part 4 or 7 for the granting of the mining claim or mining lease.
(sec.734-ssec.2) The tribunal is not required, at a hearing under part 17, division 4, to consider any issue dealt with at the earlier hearing.
(sec.734-ssec.4) If a hearing is required under part 17, division 4, sections 671 and 672 do not apply, but— the mining registrar must, within 10 business days after the pre-referral period ends, fix a day for the hearing; and all consultation and negotiation parties have the right to be heard at the hearing; and the tribunal must hear the application and make a native title issues decision.
- (a) the provisions of this Act, other than the native title provisions, have been complied with, wholly or partly; and
- (b) part 17, division 4 is to be applied to the granting; and
- (c) a hearing (the earlier hearing ) has already been held under part 4 or 7 for the granting of the mining claim or mining lease.
- (a) the mining registrar must, within 10 business days after the pre-referral period ends, fix a day for the hearing; and
- (b) all consultation and negotiation parties have the right to be heard at the hearing; and
- (c) the tribunal must hear the application and make a native title issues decision.