Land and Resources TribunalPresentation

by

Deputy President KinghamDeputy President Fleur Kingham

QUEENSLAND

What is the LRT?

• independent

• judicial and quasi judicial body

• progressively being implemented

• presiding and non-presiding members

• presiding members at judicial level• only presiding members appointed

President KOPPENOLPresident KOPPENOL Deputy President SMITHDeputy President SMITH

Land and Resources Tribunal StaffLand and Resources Tribunal Staff

What will it do?

cultural heritage

native title

mining

environment

Cultural Heritage

• exclusive jurisdiction

• injunctions

• any type of development of activity

• determination by LRT

• commenced 21 April 2000

Native Title

• NOT native title determinations

• Qld alternative provisions– native title objections

– interpret and enforce agreements

– compensation

– exclusive jurisdiction

– determination by LRT…but

– Commonwealth approval of scheme

Native Title

• Independent Body

– some non-exclusive lease renewals

– compulsory acquisition for 3rd party infrastructure

– infrastructure only mining leases

– referred at request of native title party

• determination

• commenced 21 April 2000

Mining Tenure

• Mining Warden functions– recommendations on mining tenements– compensation for land holders– caveats etc

• recommendations and determinations• commencing in the near future

Environment

• objections decisions– recommendations

• review decisions– refusal of authority or amendments

– rehabilitation issues

– compulsory audits

– determinations

• draft legislation with stakeholders

How will it operate?

• natural justice

• case management flow chart

• minimum formality

• expeditious

• costs

• accessible

• ADR

Challenges ahead

integrating diverse jurisdiction– multiple legislation

– multiple and diverse issues

– multiple roles

Challenges ahead

compensating native title holders and claimants– what principles apply?

– determination prior to native title determination