293Jurisdiction of Land and Environment Court

#### 293 Jurisdiction of Land and Environment Court 293 Jurisdiction of Land and Environment Court > > (1) The Land and Environment Court has jurisdiction to hear and determine proceedings relating to any of the following matters— > > > > > (a) the area, dimensions or boundaries of land subject to an authority or mineral claim, > > > > > (b) the right to the possession or occupation of any land by virtue of an authority or mineral claim, > > > > > (c) any question or dispute arising as to— > > > > > > > (i) a right of way, right of access to water or right of entry conferred by or under this Act, or > > > > > > > (ii) any condition imposed by or under this Act (including any condition imposed pursuant to a registered access management plan) on a person’s exercise of any such right of way, right of access to water or right of entry, > > > > > (d) the right to the use and enjoyment of water for prospecting or mining and any dispute or question relating to such a right, > > > > > (e) trespass or encroachment on, or injury to, land subject to an authority or mineral claim, or interference with, or injury to, any mining improvement, > > > > > (f) any demand for debt or damages arising out of prospecting or mining, > > > > > (g) any demand for specific performance of any contract relating to any authority or mineral claim, > > > > > (h) the right to any mineral in, or to be recovered from, any land subject to an authority or mineral claim, and the rights under, or arising out of, any contract relating to any such mineral, > > > > > (i) any transfer or disposition of, or charge on, land subject to an authority or mineral claim, > > > > > (j) matters concerning— > > > > > > > (i) any partnership relating to an authority or mineral claim, or to prospecting or mining, or > > > > > > > (ii) the existence, formation and dissolution of any such partnership, or > > > > > > > (iii) the taking of accounts in connection with any such partnership, or > > > > > > > (iv) the contributions of the partners as between themselves, or > > > > > > > (v) the determination of questions arising between the partners, > > > > > (k) contributions by or between persons holding joint or several interests in an authority or mineral claim towards rent or other expenses in relation to the authority or claim, > > > > > (l) trespass or encroachment on, or injury to, land as a result of prospecting or mining, > > > > > (m) trespass or encroachment on, injury to or any matter affecting, roads, railways or other property of whatever kind constructed, held or occupied under this Act, > > > > > (n) the partition, sale, disposal or division of any mining improvements, or the proceeds of the sale of any mining improvements, held by 2 or more persons, > > > > > (o) any question or dispute arising as to the working or management of land subject to an authority or mineral claim, > > > > > (p) all rights claimed in, under or in relation to an authority or mineral claim or purported authority or mineral claim, > > > > > (q) any question or dispute as to— > > > > > > > (i) the validity of an authority, mineral claim or opal prospecting licence, or > > > > > > > (ii) the decision of a decision-maker in relation to an application for the granting, renewal or transfer of an authority, a mineral claim or opal prospecting licence, or > > > > > > > (iii) the decision of a decision-maker to cancel an authority, a mineral claim or opal prospecting licence, or > > > > > > > (iv) the determination of the Secretary in relation to an objection to the granting of a mining lease, > > > > > (r) any question or dispute in connection with a consolidated mining lease arising under section 109, including any question or dispute concerning the rights and obligations conferred or imposed by an interest referred to in that section or the priority of any such interest, > > > > > (s) any question or dispute in connection with an interest (whether legal or equitable) in, or affecting, an authority or mineral claim, > > > > > (t) any question or dispute in connection with an assessment or agreement in respect of compensation under Part 13, arising because of the transfer of an authority or mineral claim or of part of such an authority or claim, > > > > > (t1) any question or dispute in connection with a compensation agreement under section 266, > > > > > (u) the review of an arbitrator’s determination under Division 2 of Part 8 or of the Secretary’s decision referred to in section 206, > > > > > (v) any question or dispute as to the provisions of an access arrangement or as to any matter arising as a consequence of such an arrangement, > > > > > (w) any question or dispute as to whether section 20 (1), 31 (1), 39 (1), 49 (1), 60 (1), 62 (1) (a) or (b), 185 (1) or 188 (1) applies in a particular case, > > > > > (x) any other matter in respect of which jurisdiction is conferred on the Court by this Act. > > > (2) Nothing in this section limits or restricts the jurisdiction conferred on any other court by any other Act or law. > > **s 293:** Am 1999 No 69, Sch 2.5 \[1\]. Subst 2008 No 107, Sch 19 \[43\]. Am 2008 No 19, Sch 1 \[246A\] (ins 2008 No 107, Sch 20 \[8\]) \[246B\] (ins 2008 No 107, Sch 20 \[8\]); 2009 No 37, Sch 1.9; 2012 No 60, Sch 12; 2014 No 53, Schs 1 \[10\], 3 \[2\].