land and resources tribunal presentation by deputy president kingham deputy president fleur kingham...
TRANSCRIPT
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