Agency Details

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Agency ID10445
TitleLand and Resources Tribunal
Agency TypeTribunal
Start Date 30/4/1999
End Date 31/12/2011
Date NotesN/A
Abstract

Dealt with disputes relating to land including mining and native title

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Series

Series IDTitleFromTo
20125Files of Notable Decisions 19/1/1991 17/12/2007
5959Fatal and Serious Injury Inquiry Files 16/3/2001 16/5/2003
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Controlling Agencies

Agency IDTitleFromTo
15Department of the Premier and Cabinet 30/4/1999 22/2/2001
8620Department of Justice and Attorney-General (II) 22/2/2001 31/12/2011
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Controlled Agencies

Details of controlled agencies do not exist or are unavailable.
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Previous Agencies

Agency IDTitle
9573Mining Warden's Court
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Subsequent Agencies

Details of subsequent agencies do not exist or are unavailable.
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Related Agencies

Details of related agencies do not exist or are unavailable.
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Finding Aids

This agency has no finding aids.
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Publication Notes
This agency has no publication notes.
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Remarks

Information Sources

Land and Resources Tribunal Bill 1998, Explanatory Notes, p.2
Queensland Government Gazette, Extraordinary, 1999, Vol.CCCXX, No.66, pp.1195-1196
Native Title Services, Dept. of the Premier and Cabinet, Land and Resources Tribunal, Information Pamphlet, March 1999.
Queensland Government Gazette, Extraordinary, 1999, Vol.CCCXX ,No.66, pp.1195-1196
Queensland Government Gazette, 2000, Vol. CCCXXV, No.5, pp.58, 60
Queensland Government Gazette, 2000, Vol. CCCXXIII, No.60, pp.971-72
Queensland Government Gazette, 2000, Vol. CCCXXIII, No.99, pp.1588-89
Queensland Government Gazette, 2001, Vol. CCCXXVI, No.39, pp.718-721
Queensland Subordinate Legislation 2007, No. 236
Queensland Ministerial Media Statements, "Historic reforms provide more resources for District and Land Courts", viewed 10 Sept 2007,
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Legislation

Establishing Land and Resources Tribunal Act 1999
Abolishing Land Court and Other Legislation Amendment Act 2007
Administered Land and Resources Tribunal (Postponement) Regulation 2000
Land and Resources Tribunal Rules 2000
Land and Resources Tribunal Act 1999 No.7
Native Title (Qld) State Provisions Amendment Act (No.35) 1999
Mineral Resources Act 1994
Fossicking Act 1994
Native Title Act (Queensland) Act 1993
Native Title Act (Mining rights) 1993 (C'wlth)
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Description
ESTABLISHMENT:
The Land and Resources Tribunal was an independent statutory body established under the "Land and Resources Tribunal Act 1999".

The role of the Tribunal was to deal with issues in dispute regarding certain proposed resource development and other land management issues where negotiation failed to achieve an agreement, when an arbitrated outcome would be determined by the Tribunal. It also provided a single forum for determining all issues involved in mining based projects.

It was to ensure that the rights and interests of native title holders, the indigenous community and Queensland's general community were given full and proper respect. In relation to this the Tribunal acted as an independent body in respect of compulsory acquisition of native title rights and interests.

FUNCTIONS:
All Native Title functions required by the "Native Title (Qld) State Provisions Amendment Act (No.2) 1988"
Exclusive jurisdiction to enforce and interpret negotiated agreements under the "Mineral Resources Act 1994" including former Mining Warden's jurisdiction;
To provide an avenue for the protection of Queensland's cultural heritage.
The Tribunal did not have jurisdiction to determine native title claims. The Federal Court and the National Native Title Tribunal continued to manage the process of deciding if claimants actually hold native title and what their rights and interests are.

ADMINISTRATIVE STRUCTURE:
The Tribunal consisted of a three-tier structure comprising presiding members, tribunal referees and non-presiding members. The President, at a level equivalent to a Supreme Court Judge, headed the body, assisted by a minimum of two Deputies at District Court Judge level. These presiding members were assisted by three expertly qualified officers performing advisory roles but not having voting rights when they formed a panel of the Tribunal.

Members' expertise covered native title, mining and petroleum, dispute resolution and indigenous matters, particularly cultural protection issues. Tribunal referees consisted of the Mining Referee, Mediation Referee and Indigenous Referee.

ABOLITION:
Under the "Land Court and other Legislation Amendment Act 2007", assented to 29 August 2007 and proclaimed 21 September 2007, the jurisdiction of the Tribunal was transferred to the Land Court except for the capacity to deal with existing mining tenement applications or matters under the Commonwealth "Native Title Act 1993" to which Alternative State Provisions applied until 31 December 2011.
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Preferred Citation

Queensland State Archives Agency ID10445, Land and Resources Tribunal
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Last updated 9 September 2016
Creative Commons Attribution 3.0 Australia (CC BY 3.0) ( http://creativecommons.org/licenses/by/3.0/au/ )
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