131Hearings and proceedings

131 Hearings and proceedings

(1)  [Section 131 Subsection (1) amended by No. 6 of 2003, s. 46, Applied:01 Jul 2003] The practice and procedure of the Mining Tribunal is to be in accordance with the rules of court applicable to the Magistrates Court (Civil Division).

(1A)  [Section 131 Subsection (1A) inserted by No. 38 of 2006, s. 6, Applied:18 Dec 2006] The Mining Tribunal is to hear and determine proceedings relating to an appeal under this Act –

(a) by taking into account only the evidence and documents the Minister relied on when he or she made the decision under the Act to which the proceedings relate; or

(b) by way of a new hearing if both parties to the appeal agree.

(2)  The Mining Tribunal –

(a) is not bound by the rules of evidence; and

(b) must observe the principles of natural justice.

(3)  Any evidence is to be taken on oath or affirmation and recorded.

(4)  A party to any proceedings may appear before the Mining Tribunal –

(a) in person; or

(b) [Section 131 Subsection (4) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] by representation by an Australian legal practitioner if–

(i) the other parties agree; or

(ii) the Mining Tribunal grants leave.

(5)  Proceedings are not invalid by reason only of –

(a) any inaccurate description of a person or place in any document; or

(b) any defect or error in any document.