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Pastoral Land Act 1992
106Meetings of Tribunal and procedure
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106 Meetings of Tribunal and procedure
(1) In its consideration of an application or reference under this or any
other Act, the Tribunal (except as provided in subsection (7) or
section 107, or in such exceptional circumstances as the
Chairperson allows) shall not consider any matter other than that
contained in written submissions or material before it.
(1A) A meeting of the Tribunal to consider an application or reference
referred to in subsection (1) shall comprise:
(a) at the discretion of the Chairperson, the Chairperson or
Deputy Chairperson; and
(b) the relevant members appointed under section 93(2)(b).
(1B) Nothing in this Act prevents:
(a) the Tribunal from conducting at the same time 2 meetings,
one presided over by the Chairperson and the other by the
Deputy Chairperson, to consider separate applications or
references; or
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(b) the Deputy Chairperson performing a function of the
Chairperson, as directed, in relation to an application at any
time before, during or after a meeting of the Tribunal to
consider the application (and the Chairperson may give such
a direction).
(1C) Where the Chairperson is absent or, for any reason, the
Chairperson is unable to perform his or her functions under this
Part or there is a vacancy in the office of Chairperson, the Deputy
Chairperson has all the powers and may perform all the functions
of the Chairperson.
(2) The convening of meetings of the Tribunal and the procedures at
those meetings are, subject to this Act, in the discretion of the
Chairperson.
(3) A person who has been advised pursuant to section 104(4) that an
application has been referred to the Tribunal may make written
submissions to the Tribunal in relation to the application.
(4) The Tribunal may, by notice in writing, require a party to an
application referred to it to furnish to the Tribunal such information
(including the answers, in writing, to questions put by the Tribunal)
or material as is specified in the notice, within the time specified in
the notice.
(5) The Tribunal may request a person having relevant knowledge,
experience or expertise to supply, on such terms as agreed, such
information or material as the Tribunal thinks will assist it in
considering the application or reference before it.
(6) If the Tribunal receives submissions, information, or material
pursuant to subsection (3) or, as the case may be, subsections (4)
or (5), it shall supply a copy to:
(a) where the submissions, information or material was received
from a party to the application – the other party to the
application; and
(b) where the submissions, information or material was received
from a person who was not a party – the parties to the
application,
and the party or those parties may, within 28 days after receiving
the copy, make submissions in writing to the Tribunal in relation to
the submissions, information or material.
(7) For the purposes only of assisting the Tribunal in its consideration
of an application, the Chairperson may order a view of the land the
subject of the pastoral lease to which the application relates and
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the Tribunal may, in the course of the view, take oral evidence in
explanation of the subject of the view, provided it is relevant to a
matter referred to in section 109(1)(a) or (b).
(8) Notwithstanding any law in force in the Territory, after reasonable
notice in writing has been given to the lessee of the pastoral lease
the land the subject of which a view has been ordered under
subsection (7), the Tribunal and such other persons as are
specified in the notice may enter on and remain on the pastoral
land, together with such vehicles and equipment as are necessary,
and view the land.