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President of Land Court of Queensland Approval of forms Pursuant to s77B of Land Court Act 2000 The President approves the following amended forms for use under the Land Court Act 2000 in accordance with the following attachments. Form 01 Originating Application Form 6A Referral of Grant of Mining Lease & Environmental Authority Objections Form 6B Referral of Grant of Mining Lease Form 6C Referral of Grant of Mining Claim Form 6D Referral of Environmental Authority Objections Form 09 Applicants Referral Statement Form 10 Notice of Election The following forms are revoked from use: Form 01 Originating Application Form 06 Referral of Mining Objections and/or Environmental Objections Form 07 DNRM Report for the Land Court Form 08 DEHP Report for the Land Court Form 09 Additional Applicant Information and Statutory Declaration for the Land Court Form 10 Objectors Participation Level in Objections Hearings under the Mineral Resources Act 1989 and/or the Environmental Protection Act 1994 ………………………………………………… President FY Kingham 21 June 2018

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Page 1: President of Land Court of Queensland Approval of forms · President of Land Court of Queensland – Approval of forms Pursuant to s77B of Land Court Act 2000 The President approves

President of Land Court of Queensland – Approval of forms

Pursuant to s77B of Land Court Act 2000

The President approves the following amended forms for use under the Land Court

Act 2000 in accordance with the following attachments.

Form 01 – Originating Application

Form 6A – Referral of Grant of Mining Lease & Environmental Authority

Objections

Form 6B – Referral of Grant of Mining Lease

Form 6C – Referral of Grant of Mining Claim

Form 6D – Referral of Environmental Authority Objections

Form 09 – Applicant’s Referral Statement

Form 10 – Notice of Election

The following forms are revoked from use:

Form 01 – Originating Application

Form 06 – Referral of Mining Objections and/or Environmental Objections

Form 07 – DNRM Report for the Land Court

Form 08 – DEHP Report for the Land Court

Form 09 – Additional Applicant Information and Statutory Declaration for the

Land Court

Form 10 – Objectors Participation Level in Objections Hearings under the

Mineral Resources Act 1989 and/or the Environmental Protection Act 1994

…………………………………………………

President FY Kingham

21 June 2018

Page 2: President of Land Court of Queensland Approval of forms · President of Land Court of Queensland – Approval of forms Pursuant to s77B of Land Court Act 2000 The President approves

Form 01 | Rules 7 to 12 of the Land Court Rules 2000

LC Form 01 | Originating Application - Version 3 P a g e | 1

(Court Use Only)

File No:

ORIGINATING APPLICATION

Name of the Act or Regulation under which this application is made to the Land Court:

Relevant Section(s):

SECTION 1 – APPLICANT DETAILS

Name of applicant:

Address for correspondence: Post Code:

Contact number: Email address:

SECTION 2 – REPRESENTATION

Are you:

Representing yourself (the Court and other parties will use the details in Section 1 to serve documents on you)

Being represented by a solicitor (go to Section 3)

Being represented by an agent (go to Section 4)

Note: All court notices and correspondence will be sent to you and all documents filed by another party will be served on you, unless you are represented by a solicitor or an authorised agent, in which case, they will be sent to and served on your solicitor or agent.

SECTION 3 – REPRESENTED BY A SOLICITOR

Name of firm: Name of solicitor:

Address for service: Post Code:

Contact number: Email address:

SECTION 4 – REPRESENTED BY AN AUTHORISED AGENT

Name of agent: Name of firm:

Address for service: Post Code:

Contact number: Email address:

I have attached the authorisation form (Attachment 1 – Representation by an authorised agent)

Page 3: President of Land Court of Queensland Approval of forms · President of Land Court of Queensland – Approval of forms Pursuant to s77B of Land Court Act 2000 The President approves

LC Form 01 | Originating Application - Version 3 P a g e | 2

SECTION 5 – RESPONDENT DETAILS

Name of respondent:

Address: Post Code:

Contact number: Email address:

SECTION 6 – PARTICULARS OF THE LAND TO WHICH THE APPLICATION RELATES

Property ID:

Real Property Description:

Lot No: Plan No:

County: Parish:

Area: m2 / Ha (whichever is applicable)

Street Address: Post Code:

Local Government Area:

Identify any relevant lease, licence, tenure, building or watercourse to which the application relates:

(If insufficient space, attach separate numbered sheets)

Page 4: President of Land Court of Queensland Approval of forms · President of Land Court of Queensland – Approval of forms Pursuant to s77B of Land Court Act 2000 The President approves

LC Form 01 | Originating Application - Version 3 P a g e | 3

SECTION 7 – WHAT IS THE BASIS FOR YOUR APPLICATION AND WHAT OUTCOME ARE YOU SEEKING

FROM THE LAND COURT?

Briefly state the facts, circumstances or other relevant matters on which the application is based: (If insufficient space, attach separate numbered sheets)

Orders or other relief sought: (If insufficient space, attach separate numbered sheets)

Grounds on which the orders or other relief are sought: (If insufficient space, attach separate numbered sheets)

Page 5: President of Land Court of Queensland Approval of forms · President of Land Court of Queensland – Approval of forms Pursuant to s77B of Land Court Act 2000 The President approves

LC Form 01 | Originating Application - Version 3 P a g e | 4

SECTION 8 – PROCEDURE FOR FILING

You or your representative must file this Form 01 in the Land

Court. Please print the completed Form 01 and submit by either:

In person: By Post:

Land Court Registry Level 8 363 George Street BRISBANE QLD 4000

The Registrar Land Court Registry GPO Box 5266 BRISBANE QLD 4001

You must serve a copy of your application on the respondent.

NB: The legislation giving jurisdiction to start proceedings in the Land Court may specify time limits for filing and service of the application. Check the relevant legislation and seek legal advice if necessary.

SECTION 9 – DECLARATION

I have read and understood the Privacy Statement below

Privacy Statement

The Land Court and Tribunal Registry (which forms part of the Department of Justice and Attorney-General) is collecting information provided on and with this form to assess the suitability of the matter for the Land Court.

Please ensure that the personal information you provide on this form is true and correct, including the information you provide about other parties.

Any information you provide will only be used by the Registry for the purpose for which it was provided. For more information about how DJAG manages personal information please refer to DJAG’s Privacy Guide.

SECTION 10 – DECLARATION SIGNATURE

Signed by (please select one):

Applicant

Solicitor / authorised agent (delete whichever is not applicable)

Company (please specify the company name and your position below)

Signature: Date:

Name:

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LC Form 01 | Originating Application - Version 3 P a g e | 5

Attachment 1

ONLY COMPLETE IF BEING REPRESENTED BY AN AUTHORISED AGENT

Parties appearing in the Land Court often engage the services of a solicitor to represent them. Solicitors offer clients professional skills and expertise. They are accountable to their professional bodies and to the Court. They are also covered by insurance for any potential liability claims made against them by their clients. However, a party may choose to represent themselves or be represented by an agent. Before deciding to be represented by an agent, you should give careful consideration to the suitability and skill of the agent. You should be aware that an agent (unlike a solicitor) is not required to have professional indemnity insurance cover when representing clients before the Land Court. If you hire an agent and they have no professional indemnity insurance, you may find it difficult to get compensation if serious errors are made by the agent. In some proceedings in the Land Court, costs are awarded against the unsuccessful party. If the successful party has engaged an agent to represent them, then it is unlikely the agent’s fees can be recovered from the unsuccessful party. You may be asked by your agent to sign a waiver to remove your right to make a claim against them if you are dissatisfied with the outcome of the proceedings. You should be aware that you are engaging an agent who may not have to accept any responsibility for the outcome of the proceedings.

I have read and understood the information above

My agent’s authority to represent me is [limited / unlimited]

(If limited please provide details)

Signed by:

Applicant

Signature: Date:

Name:

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Form 06A| Section 265 of the Mineral Resources Act 1989 (MRA) and Section 185 of the Environmental Protection Act 1994 (EPA)

(Court Use Only)

File No:

REFERRAL OF GRANT OF MINING LEASE AND ENVIRONMENTAL AUTHORITY OBJECTIONS

(MRA & EPA Objections)

SECTION 1 – GENERAL INFORMATION

MLA number: Mining district:

EA reference: Local government area:

Assessment hub:

SECTION 2 – MINING APPLICANT DETAILS

Applicant name:

Address for correspondence: Post Code:

Contact number: Email address:

SECTION 3 – OBJECTOR DETAILS

Does this referral involve more than one objector?

Yes (complete Attachment 1) No (complete this Section)

Objector name:

Address for correspondence: Post Code:

Contact number: Email address:

SECTION 4 – KEY DATES ML Key Dates:

1) ML application date: 3) Last objection day:

2) Issue of mining lease notice:

EA Key Dates:

1) EA application date: 3) Start of decision stage:

2) Submission period: (range of dates) 4) Decision notice date:

LC Form 06A | Referral of Grant of Mining Lease & Environmental Authority Objections P a g e | 1

Page 8: President of Land Court of Queensland Approval of forms · President of Land Court of Queensland – Approval of forms Pursuant to s77B of Land Court Act 2000 The President approves

SECTION 5 – REFERRAL DOCUMENTS

ML Referral Documents:

Please tick and attach relevant documents and number the attachments accordingly: Document Date:

1) Resource Authority Public Report

2) Map showing the proposed tenure area and any access land

3) Cadastral map showing the land parcels within and adjoining the application area and any access land

4) Locality map

5) Application form, including all attachments and any amendments (MRA s 245 or s 275)

6) Mining lease notice (MRA s 252)

7) Any additional documents and information specified in the mining lease notice (MRA s 252(3)(c))

8) Declaration of compliance (MRA s 252B)

9) All objections (MRA s 260)

10) Land Court Form 9 – Applicant’s Referral Statement

EA Referral Documents:

Please tick and attach relevant documents and number the attachments accordingly: Document Date:

11) Map of application area and location of proposed resource activities

12) Cadastral map showing the land parcels within and adjoining the application area, identifying the relevant activity areas

13) Locality map (unless provided in (4) above)

14) Application for environmental authority, including all attachments (EPA s 125 or s 224)

15) Any changes to the application (EPA s 132 or s 236)

16) Information request

17) Response to information request

18) Application notice (EPA s 152)

19) Declaration of compliance (EPA s 158)

20) All submissions (EPA s 161)

21) Decision notice, including any draft environmental authority (EPA s 181)

22) All objection notices (EPA s 182)

23) Applicant request for referral (EPA s 183)

24) Any standard conditions for the relevant activity or authority

LC Form 06A | Referral of Grant of Mining Lease & Environmental Authority Objections P a g e | 2

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SECTION 6 – FURTHER INFORMATION

ML Further Information:

Please tick and attach relevant documents:

25) Is this an application for additional surface area on a mining lease? Yes (Please provide the existing mining lease instrument) No (continue)

26) Is the application in respect of land in a “restricted area”? (MRA s 391) Yes (please provide the gazette notice for the restricted area) No (continue)

27) Does the application involve overlapping permits and/or applications? Yes (please attach the following) No (continue)

a) Map showing overlapping permits and/or applicationsb) Consents from, written views of, or statutory declarations in relation to the views of the

existing authority holders (MRA s 248).c) Consents from or written views of earlier applicants (MRA s 249).

28) Was the substantial compliance power exercised? (MRA s 392) Yes (please provide details) No (continue)

29) As far as you are aware, has the applicant (or if the applicant is a company, any of its directors) everhad any of the following under the MRA? (if yes to any of the following, please provide the details) a) Notice to rectify non-compliance or damage

b) Notice to show cause

c) Tenure cancelled

d) Penalty imposed

e) Conviction

30) Is there any other documentation or information relevant to the referral of this mining lease application? Yes (please supply details below and attach) No

LC Form 06A | Referral of Grant of Mining Lease & Environmental Authority Objections P a g e | 3

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SECTION 6 –FURTHER INFORMATION (continued) EA further information:

Please tick and attach relevant documents:

31) Is this an application for an amended environmental authority? (EPA s 226) Yes (please provide the existing mining lease instrument) No (continue)

32) Does the application relate to a coordinated project under the State Development and Public WorksOrganisation Act 1971? Yes (please provide the gazette notice for the declaration of the coordinated project) No (continue)

33) Was an EIS required for the project? Yes (please attach public notice of the EIS and the Coordinator-General’s report or, if not a

coordinated project, relevant documents under EPA Ch 3 Pt 1) No (continue)

34) Was the substantial compliance power exercised? (EPA s 156) Yes (please provide details) No (continue)

35) Is there any other documentation or information relevant to the referral of this environmental authorityapplication? (if “Yes” provide details and attach)

SECTION 7 – ACKNOWLEDGEMENTS

I have attached the documents in Section 5 and 6. Each document is an individual document providedas a pdf, named and numbered in accordance as they appear in Section 5 and 6 (e.g. No.1 - ResourceAuthority Public Report.pdf)

I have completed the dates in Sections 4 and 5

I confirm that the QGlobe data relating to this application is current as at the date of referral

SECTION 8 - REFERRER DETAILS

Name:

Department: Job Title:

Contact No: Email Address:

Are you the ongoing contact person for this matter? Yes (continue) No (please identify below)

Identify the relevant contact person:

Name:

Department: Job Title:

Contact No: Email Address:

LC Form 06A | Referral of Grant of Mining Lease & Environmental Authority Objections P a g e | 4

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Additional pages: (no. of sheets attached)

I have read and understood the Privacy Statement below

Privacy Statement

The Land Court and Tribunal Registry (which forms part of the Department of Justice and Attorney-General) is collecting information provided on and with this form to assess the suitability of the matter for the Land Court.

Please ensure that the personal information you provide on this form is true and correct, including the information you provide about other parties.

Any information you provide will only be used by the Registry for the purpose for which it was provided. For more information about how DJAG manages personal information please refer to DJAG’s Privacy Guide.

Signature: Date:

Name:

LC Form 06A | Referral of Grant of Mining Lease & Environmental Authority Objections P a g e | 5

Page 12: President of Land Court of Queensland Approval of forms · President of Land Court of Queensland – Approval of forms Pursuant to s77B of Land Court Act 2000 The President approves

ATTACHMENT 1

Objector name: Address for correspondence: Post Code: Contact number: Email address:

Objector name: Address for correspondence: Post Code: Contact number: Email address:

Objector name: Address for correspondence: Post Code: Contact number: Email address:

Objector name: Address for correspondence: Post Code: Contact number: Email address:

Objector name: Address for correspondence: Post Code: Contact number: Email address:

Objector name: Address for correspondence: Post Code: Contact number: Email address:

Does this matter involve more than the above parties? Yes (please attach) No

LC Form 06A | Referral of Grant of Mining Lease & Environmental Authority Objections P a g e | 6

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Form 06B | Section 265 of the Mineral Resources Act 1989 (MRA)

(Court Use Only)

File No:

REFERRAL OF GRANT OF MINING LEASE (MRA Objections only)

SECTION 1 – GENERAL INFORMATION

MLA number: Mining district:

Assessment hub: Local government area:

SECTION 2 – MINING APPLICANT DETAILS

Applicant name: Address for correspondence: Post Code:

Contact number: Email address:

SECTION 3 – OBJECTOR DETAILS

Does this referral involve more than one objector?

Yes (complete Attachment 1) No (complete this Section)

Objector name: Address for correspondence: Post Code:

Contact number: Email address:

SECTION 4 – KEY DATES

ML Key Dates:

1) ML application date: 3) Last objection day:

2) Issue of mining lease notice:

LC Form 06B | Referral of Grant of Mining Lease P a g e | 1

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SECTION 5 – REFERRAL DOCUMENTS

Please tick and attach relevant documents and number the attachments accordingly: Document date:

1) Resource Authority Public Report

2) Map showing the proposed tenure area and any access land

3) Cadastral map showing the land parcels within and adjoining the Application area and any access land

4) Locality map

5) Application form, including all attachments and any amendments (MRA s 245 or s 275)

6) Mining lease notice (MRA s 252)

7) Any additional documents and information specified in the mining lease notice (MRA s 252(3)(c))

8) Declaration of compliance (MRA s 252B)

9) All objections (MRA s 260)

10) Environmental Authority issued under the Environmental Protection Act 1994

11) Land Court Form 9 – Applicant’s Referral Statement

SECTION 6 – FURTHER INFORMATION

Please tick and attach relevant documents:

12) Is this an application for additional surface area on a mining lease? Yes (please provide the existing mining lease instrument) No (continue)

13) Is the application in respect of land in a “restricted area” (MRA s 391)? Yes (please provide the gazette notice for the restricted area) No (continue)

14) Does the application involve overlapping permits and/or applications? Yes (please attach the following) No (continue)

a) Map showing overlapping permits and/or applications b) Consents from, written views of, or statutory declarations in relation to the views of the

existing authority holders (MRA s 248) c) Consents from or written views of earlier applicants (MRA s 249)

15) Was the substantial compliance power exercised? (MRA s 392) Yes (please provide details) No (continue)

LC Form 06B | Referral of Grant of Mining Lease P a g e | 2

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LC Form 06B | Referral of Grant of Mining Lease P a g e | 3

SECTION 6 – FURTHER INFORMATION (continued)

Please tick and attach relevant documents:

16) As far as you are aware, has the applicant (or if the applicant is a company, any of its directors) ever had any of the following under the MRA? (if yes to any of the following, please provide the details)

a) Notice to rectify non-compliance or damage

b) Notice to show cause

c) Tenure cancelled

d) Penalty imposed

e) Conviction

17) Is there any other documentation or information relevant to the referral of this mining lease application?

Yes (please supply details below and attach) No

SECTION 7 - ACKNOWLEDGEMENTS

I have attached the documents in Section 5 and 6. Each document is an individual document provided as a pdf, named and numbered in accordance as they appear in Section 5 and 6 (e.g. No.1 - Resource Authority Public Report.pdf)

I have completed the dates in Sections 4 and 5

I confirm that the QGlobe data relating to this application is current as at the date of referral

SECTION 8 - REFERRER DETAILS

Name:

Department: Job Title:

Contact No: Email Address:

Are you the ongoing contact person for this matter? Yes (continue) No (please identify below)

Identify the relevant contact person:

Name:

Department: Job Title:

Contact No: Email Address:

Page 16: President of Land Court of Queensland Approval of forms · President of Land Court of Queensland – Approval of forms Pursuant to s77B of Land Court Act 2000 The President approves

LC Form 06B | Referral of Grant of Mining Lease P a g e | 4

Additional pages: (no. of sheets attached)

I have read and understood the Privacy Statement below

Privacy Statement

The Land Court and Tribunal Registry (which forms part of the Department of Justice and Attorney-General) is collecting information provided on and with this form to assess the suitability of the matter for the Land Court.

Please ensure that the personal information you provide on this form is true and correct, including the information you provide about other parties.

Any information you provide will only be used by the Registry for the purpose for which it was provided. For more information about how DJAG manages personal information please refer to DJAG’s Privacy Guide.

Signature: Date:

Name:

Page 17: President of Land Court of Queensland Approval of forms · President of Land Court of Queensland – Approval of forms Pursuant to s77B of Land Court Act 2000 The President approves

ATTACHMENT 1

Objector name: Address for correspondence: Post Code: Contact number: Email address:

Objector name: Address for correspondence: Post Code: Contact number: Email address:

Objector name: Address for correspondence: Post Code: Contact number: Email address:

Objector name: Address for correspondence: Post Code: Contact number: Email address:

Objector name: Address for correspondence: Post Code: Contact number: Email address:

Objector name: Address for correspondence: Post Code: Contact number: Email address:

Does this matter involve more than the above parties? Yes (please attach) No

LC Form 06B | Referral of Grant of Mining Lease P a g e | 5

Page 18: President of Land Court of Queensland Approval of forms · President of Land Court of Queensland – Approval of forms Pursuant to s77B of Land Court Act 2000 The President approves

Form 06C | Sections 72 and 75 of the Mineral Resources Act 1989 (MRA)

(Court Use Only)

File No:

REFERRAL OF GRANT OF MINING CLAIM

SECTION 1 – GENERAL INFORMATION

MCA number: Mining district:

Assessment hub: Local government area:

SECTION 2 – MINING APPLICANT DETAILS

Applicant name: Address for correspondence: Post Code:

Contact number: Email address:

SECTION 3 – OBJECTOR DETAILS

Does this referral involve more than one objector?

Yes (complete Attachment 1) No (complete this Section)

Objector name: Address for correspondence: Post Code:

Contact number: Email address:

SECTION 4 – KEY DATES

ML Key Dates:

1) ML application date: 3) Last objection day:

2) Issue of mining lease notice:

LC Form 06C | Referral of Grant of Mining Claim P a g e | 1

Page 19: President of Land Court of Queensland Approval of forms · President of Land Court of Queensland – Approval of forms Pursuant to s77B of Land Court Act 2000 The President approves

SECTION 5 – REFERRAL DOCUMENTS

Please tick and attach relevant documents and number the attachments accordingly: Document Date:

1) Resource Authority Public Report

2) Map showing the proposed tenure area and any access land

3) Cadastral map showing the land parcels within and adjoining the application area and any access land

4) Locality map

5) Application form, including all attachments and any amendments (MRA s 245 or s 275)

6) Mining claim notice (MRA s 64)

7) Any additional documents and information specified in the mining claim notice (MRA s 64(3)(c))

8) Declaration of compliance (MRA s 64B)

9) All objections (MRA s 71)

10) Land Court Form 9 – Applicant’s Referral Statement

SECTION 6 – FURTHER INFORMATION

Please tick and attach relevant documents:

11) Is this mining claim for carrying out small scale mining activities? Yes (please attach the small scale mining code)

No (please attach the Environmental Authority issued under the Environmental Protection Act 1994)

12) Is the application in respect of land in a “restricted area” (MRA s 391)? Yes (please provide the gazette notice for the restricted area) No (continue)

13) Does the application involve overlapping permits and/or applications? Yes (please provide the map showing overlapping permits and/or applications) No (continue)

14) Was the substantial compliance power exercised? (MRA s 392) Yes (please supply details) No (continue)

15) As far as you are aware, has the applicant (or if the applicant is a company, any of its directors) ever had any of the following under the MRA? (if yes to any of the following please provide the details) a) Notice to rectify non-compliance or damage

b) Notice to show cause

c) Tenure cancelled

d) Penalty imposed

e) Conviction

LC Form 06C | Referral of Grant of Mining Claim P a g e | 2

Page 20: President of Land Court of Queensland Approval of forms · President of Land Court of Queensland – Approval of forms Pursuant to s77B of Land Court Act 2000 The President approves

SECTION 6 – FURTHER INFORMATION (continued)

Please tick and attach relevant documents:

16) Is there any other documentation or information relevant to the referral of this mining claim application? Yes (please supply details below and attach) No (continue)

SECTION 7 – ACKNOWLEDGEMENTS

I have attached the documents in Section 5 and 6. Each document is an individual document provided as a pdf, named and numbered in accordance as they appear in Section 5 and 6 (e.g. No.1 - Resource Authority Public Report.pdf)

I have completed the dates in Sections 4 and 5

I confirm that the QGlobe data relating to this application is current as at the date of referral

SECTION 8 - REFERRER DETAILS

Name:

Department: Job Title:

Contact No: Email Address:

Are you the ongoing contact person for this matter? Yes (continue) No (please identify below)

Identify the relevant contact person:

Name:

Department: Job Title:

Contact No: Email Address:

Additional pages: (no. of sheets attached)

I have read and understood the Privacy Statement below

Privacy Statement

The Land Court and Tribunal Registry (which forms part of the Department of Justice and Attorney-General) is collecting information provided on and with this form to assess the suitability of the matter for the Land Court.

Please ensure that the personal information you provide on this form is true and correct, including the information you provide about other parties.

Any information you provide will only be used by the Registry for the purpose for which it was provided. For more information about how DJAG manages personal information please refer to DJAG’s Privacy Guide.

Signature: Date:

Name:

LC Form 06C | Referral of Grant of Mining Claim P a g e | 3

Page 21: President of Land Court of Queensland Approval of forms · President of Land Court of Queensland – Approval of forms Pursuant to s77B of Land Court Act 2000 The President approves

ATTACHMENT 1

Objector name:

Address for correspondence: Post Code:

Contact number: Email address:

Objector name:

Address for correspondence: Post Code:

Contact number: Email address:

Objector name:

Address for correspondence: Post Code:

Contact number: Email address:

Objector name:

Address for correspondence: Post Code:

Contact number: Email address:

Objector name:

Address for correspondence: Post Code:

Contact number: Email address:

Objector name:

Address for correspondence: Post Code:

Contact number: Email address:

Does this matter involve more than the above parties?

Yes (please attach) No

LC Form 06C | Referral of Grant Mining Claim P a g e 4

Page 22: President of Land Court of Queensland Approval of forms · President of Land Court of Queensland – Approval of forms Pursuant to s77B of Land Court Act 2000 The President approves

Form 06D| Section 185 of the Environmental Protection Act 1994 (EPA)

(Court Use Only)

File No:

REFERRAL OF ENVIRONMENTAL AUTHORITY OBJECTIONS (EPA Objections Only)

SECTION 1 – GENERAL INFORMATION

MLA number: Mining district:

EA number: Local government area:

Assessment hub:

SECTION 2 – APPLICANT DETAILS

Applicant name:

Address for correspondence: Post Code:

Contact number: Email address:

SECTION 3 – OBJECTOR DETAILS

Does this referral involve more than one objector?

Yes (complete Attachment 1) No (complete this Section)

Objector name:

Address for correspondence: Post Code:

Contact number: Email address:

SECTION 4 – KEY DATES

1) EA application date: 3) Start of decision stage:

2) Submission period: (range of dates) 4) Decision notice date:

LC Form 06D | Referral of Environmental Authority Objections P a g e | 1

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SECTION 5 – REFERRAL DOCUMENTS

Please tick and attach relevant documents and number the attachments accordingly: Document date:

1) Map of application area and location of proposed resource activities

2) Cadastral map showing the land parcels within and adjoining the application area, identifying the relevant activity areas

3) Locality map

4) Application for environmental authority, including all attachments (EPA s 125 or s 224)

5) Any changes to the application (EPA s 132 or s 236)

6) Information request

7) Response to information request

8) Application notice (EPA s 152)

9) Declaration of compliance (EPA s 158)

10) All submissions (EPA s 161)

11) Decision notice, including any draft environmental authority (EPA s 181)

12) All objection notices (EPA s 182)

13) Applicant request for referral (EPA s 183)

14) Any standard conditions for the relevant activity or authority

SECTION 6 – FURTHER INFORMATION

Please tick and attach relevant documents:

15) Please briefly describe the resource project for which the environmental authority is sought

16) Is this application for an amended environmental authority? (EPA s 226) Yes (please attach the original environmental authority) No (continue)

17) Does the application relate to a coordinated project under the State Development and Public WorksOrganisation Act 1971? Yes (please attach the public notice of the EIS and the Coordinator-General’s report) No (continue)

18) Was an EIS required for the project? Yes (please attach the public notice of the EIS and the Coordinator-General’s report or, if not a

coordinated project, relevant documents under EPA Ch 3 Pt 1) No (continue)

19) Was the substantial compliance power exercised? (EPA s 159) Yes (please provide details) No (continue)

LC Form 06D | Referral of Environmental Authority Objections P a g e | 2

Page 24: President of Land Court of Queensland Approval of forms · President of Land Court of Queensland – Approval of forms Pursuant to s77B of Land Court Act 2000 The President approves

SECTION 6 – FURTHER INFORMATION (continued)

Please tick and attach relevant documents:

20) Is there any other documentation or information relevant to the referral of this environmental authorityapplication? Yes (please provide details and attach) No (continue)

SECTION 7 – ACKNOWLEDGEMENTS

I have attached the documents in Section 5 and 6. Each document is an individual document providedas a pdf, named and numbered in accordance as they appear in Section 5 and 6 (e.g. No.1 - ResourceAuthority Public Report.pdf)

I have completed the dates in Sections 4 and 5

I confirm that the QGlobe data relating to this application is current as at the date of referral

SECTION 8 - REFERRER DETAILS

Name:

Department: Job Title:

Contact No: Email Address:

Are you the ongoing contact person for this matter? Yes (continue) No (please identify below)

Identify the relevant contact person:

Name:

Department: Job Title:

Contact No: Email Address:

Additional pages: (no. of sheets attached)

I have read and understood the Privacy Statement belowPrivacy Statement

The Land Court and Tribunal Registry (which forms part of the Department of Justice and Attorney-General) is collecting information provided on and with this form to assess the suitability of the matter for the Land Court.

Please ensure that the personal information you provide on this form is true and correct, including the information you provide about other parties.

Any information you provide will only be used by the Registry for the purpose for which it was provided. For more information about how DJAG manages personal information please refer to DJAG’s Privacy Guide.

Signature: Date:

Name:

LC Form 06D | Referral of Environmental Authority Objections P a g e | 3

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ATTACHMENT 1

Objector name:

Address for correspondence: Post Code:

Contact number: Email address:

Objector name:

Address for correspondence: Post Code:

Contact number: Email address:

Objector name:

Address for correspondence: Post Code:

Contact number: Email address:

Objector name:

Address for correspondence: Post Code:

Contact number: Email address:

Objector name:

Address for correspondence: Post Code:

Contact number: Email address:

Objector name:

Address for correspondence: Post Code:

Contact number: Email address:

Does this matter involve more than the above parties?

Yes (please attach) No

LC Form 06D | Referral of Enviornmental Authority Objections P a g e | 4

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Form 09 | Sections 72 and 265 of the Mineral Resources Act 1989

(Court Use Only)

File No:

APPLICANT’S REFERRAL STATEMENT

To be completed by an applicant for a proposed mining claim or mining lease in respect of which objections have been lodged. The applicant must return the completed form to the Department of Natural Resources, Mines and Energy within five (5) business days after

the last objection day.

MLA Number:

EA Reference:

Date of Application:

Name of Applicant:

What type of application is this? Mining Claim Mining Lease

ADDITIONAL INFORMATION Please answer the following questions:

1. Is this an application for additional surface area on a mining lease? Yes No

2. Is the information supplied in the application and supporting documents still true,

complete and accurate? Yes No

If “No”, please supply details:

3. Does the map or sketch provided with the application show the location of the following:

(a) Land which is to be used as access Yes No N/A

(b) Reserves, restricted land and restricted areas Yes No N/A

(c) Mineralised areas and areas proposed to be mined Yes No N/A

(d) Proposed mine infrastructure (camp, workshop, processing plant, Yes No N/Awaste storage/treatment etc)

(e) Public infrastructure (power lines, telephone lines, pipelines, roads, Yes No N/Aparks etc)

(f) Nearby private residences (including estimates of distance) Yes No N/A

If you ticked “No” to any of the above please attach a map or sketch Attached N/Ashowing those details.

LC Form 09 | Applicant’s Referral Statement P a g e | 1

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4. Is the mining claim or mining lease mineralised? If “Yes”, please identify the Yes No available evidence:

5. Is the mining claim or mining lease sought for any other purposes (e.g. Yes No infrastructure)? If “Yes” please provide details:

6. Explain the proposed level of development within the area applied for and how the mineral resources within that area will be utilised:

7. Detail the type and location of the activities proposed to be carried out under the mining claim or mining lease and their likely impact on the surface of the land:

8. For mining lease applications, explain the reasons for the proposed term of the lease:

9. For mining claim applications that relate to corundum, gemstones or other precious stones, explain the reasons for the proposed area of the mining claim:

LC Form 09 | Applicant’s Referral Statement P a g e | 2

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10. Within the proposed mining claim or mining lease area:

a) Specify the current land uses:

b) Identify any other prospective uses of the land:

11. How will the proposed mining claim or mining lease operations affect:

a) The current and prospective uses of the land within the proposed mining claim or mining lease area:

b) Any public infrastructure (power lines, telephone lines, pipelines, roads, parks etc) over, on or under the proposed mining claim or mining lease area:

c) The rights of holders of (or applicants for) any other mining tenements in the area of the proposed mining claim or mining lease:

12. For mining lease applications, please identify the available evidence demonstrating that you or your company have the necessary financial and technical capabilities to carry on mining operations under the proposed lease:

LC Form 09 | Applicant’s Referral Statement P a g e | 3

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13. Give details of your (or your company’s) past experience concerning mining:

14. As far as you are aware, have you, your company or any of its directors ever had any of the following under the Mineral Resources Act 1989:

(a) Notice to rectify non-compliance or damage Yes No

(b) Notice to show cause Yes No

(c) Tenure cancelled Yes No

(d) Penalty imposed Yes No

(e) Conviction. Yes No

If “Yes”, please supply details including (if applicable) how the matter was resolved:

I have read and understood the Privacy Statement below.

Privacy Statement

The Land Court and Tribunal Registry (which forms part of the Department of Justice and Attorney-General) is collecting information provided on and with this form to assess the suitability of the matter for the Land Court.

Please ensure that the personal information you provide on this form is true and correct, including the information you provide about other parties. Any information you provide will only be used by the Registry for the purpose for which it was provided. For more information about how DJAG manages personal information please refer to DJAG’s Privacy Guide.

LC Form 09 | Applicant’s Referral Statement P a g e | 4

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STATUTORY DECLARATION Oaths Act 1867

I [insert full name here]

of [insert address here]

in the State of Queensland, do solemnly and sincerely declare that:

I am the Applicant referred to above

OR I am authorised to complete and sign this form on behalf of the Applicant [agent or company director / employee] (delete whichever is not applicable)

All information set out on this form is true, complete and accurate.

I am aware that it is a criminal offence to make a declaration that I know is false in a material particular.

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Oaths Act 1867.

Signature of declarant / deponent

Taken and declared before me at [location] this day of 20_____

[Solicitor | Justice of the Peace | Commissioner for Declarations] Signature (delete whichever is not applicable)

LC Form 09 | Applicant’s Referral Statement P a g e | 5

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Form 10 | Practice Direction 4 of 2018 – Procedure for Mining Objection Hearings

(Court Use Only)

File No:

NOTICE OF ELECTION

SECTION 1 – OBJECTOR INFORMATION

MRA File No:

EPA File No:

Objector name(s):

Residential or business address: Post Code:

Contact number: Email address:

SECTION 2 – NOTICE OF ELECTION

I/We elect to be an active party in the mining objection hearing

I/W understand that being an active party means I/we must participate fully in all stages of the objection hearing and must comply with the Court’s directions about procedure

SECTION 3 – TYPE OF OBJECTOR

Individual (go to Section 6) Company (go to Section 4) Group (go to Section 5)

SECTION 4 – IF A COMPANY IS THE OBJECTOR

The contact person for the company is:

Name of company officer: Position in company: Name of company:

Contact number: Email address:

go to Section 6

SECTION 5 – IF A GROUP OF PEOPLE IS THE OBJECTOR

Nominate an authorised spokesperson:

Attach an acknowledgement and acceptance form which includes a list of members, signed by all members(see attachment 1)

go to Section 6

LC Form 10 | Notice of Election P a g e | 1

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SECTION 6 – REPRESENTATION

Are you:

Representing yourself (the Court and other parties will use the details in Section 1 to serve documents on you)

Being represented by a solicitor (go to Section 7)

Being represented by an agent (go to Section 8)

Note: All court notices and correspondence will be sent to you and all documents filed by another party will be served on you, unless you are represented by a solicitor or an authorised agent, in which case, they will be sent to and served on your solicitor or agent.

SECTION 7 – REPRESENTED BY A SOLICITOR

Name of solicitor: Name of firm:

Address for Service: Post Code:

Contact number: Email address:

SECTION 8 – REPRESENTED BY AN AUTHORISED AGENT

Name of agent: Name of firm:

Address for Service: Post Code:

Contact number: Email address:

I have attached the authorisation form (Attachment 2 – Representation by an authorised agent)

SECTION 9 – PROCEDURE FOR FILING

You or your representative must file this Form 10 in the Land Court.

Please submit this completed Form 10, send via email to [email protected] or: In person: By Post:

Land Court Registry Level 8 363 George Street BRISBANE QLD 4000

The Registrar Land Court Registry GPO Box 5266 BRISBANE QLD 4001

LC Form 10 | Notice of Election P a g e | 2

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SECTION 10 – DECLARATION

I have read and understood the Privacy Statement below

Privacy Statement

The Land Court and Tribunal Registry (which forms part of the Department of Justice and Attorney-General) is collecting information provided on and with this form to assess the suitability of the matter for the Land Court.

Any information you provide will only be used by the Registry for the purpose for which it was provided. For more information about how DJAG manages personal information please refer to DJAG’s Privacy Guide.

I certify the above information provided is accurate and correct.

SECTION 11 – DECLARATION SIGNATURE

Signed by: (please select one)

Individual objector

Company objector (the contact person)

Group objector (the authorised spokesperson)

Solicitor / authorised agent

Signature: Date:

Name:

LC Form 10 | Notice of Election P a g e | 3

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Attachment 1

Only complete if Group Objectors

Part A: Acknowledgement and Acceptance 1. The members of the group identified below, are those persons identified on Part B. The list is true and

correct and complete.

Name of Group: 2. The group appoints the spokesperson identified below, to act as the authorised spokesperson for the group.

Name of spokesperson:

3. The authorised spokesperson is a member of the group. 4. The authorised spokesperson will be the contact point for the Court and the active parties in this matter, on

behalf of the group. 5. The authorised spokesperson may represent the group themselves, or they may appoint a solicitor or agent

to represent the group. If a solicitor or agent is appointed, the spokesperson is responsible for giving instructions to the solicitor or agent, on behalf of the group.

6. The authorised spokesperson is responsible for:

(a) Keeping all members of the group informed about all correspondence, court orders, notices and other documents received at any stage from the Court and other parties

(b) Providing group members with copies of any of the abovementioned documents when required (c) Keeping all group members informed about all court dates and the progress of the case generally (d) Notifying all group members about any directions or orders issued by the Court that the group must

comply with.

Part B: Membership The members of the group are:

Name:

Residential or business address: Post Code:

Contact number: Email address:

I have read and understood the acknowledgement and acceptance in Part A

Signature: Date:

LC Form 10 | Notice of Election P a g e | 4

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Part B: Membership (continued)

Name:

Residential or business address: Post Code:

Contact number: Email address:

I have read and understood the acknowledgement and acceptance in Part A

Signature: Date:

Name:

Residential or business address: Post Code:

Contact number: Email address: I have read and understood the acknowledgement and acceptance in Part A

Signature: Date:

Name:

Residential or business address: Post Code:

Contact number: Email address:

I have read and understood the acknowledgement and acceptance in Part A

Signature: Date:

Does this matter involve more than the above parties?

Yes (please attach) No

LC Form 10 | Notice of Election P a g e | 5

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Attachment 2

ONLY COMPLETE IF BEING REPRESENTED BY AN AUTHORISED AGENT

Parties appearing in the Land Court often engage the services of a solicitor to represent them. Solicitors offer clients professional skills and expertise. They are accountable to their professional bodies and to the Court. They are also covered by insurance for any potential liability claims made against them by their clients. However, a party may choose to represent themselves or be represented by an agent. Before deciding to be represented by an agent, you should give careful consideration to the suitability and skill of the agent. You should be aware that an agent (unlike a solicitor) is not required to have professional indemnity insurance cover when representing clients before the Land Court. If you hire an agent and they have no professional indemnity insurance, you may find it difficult to get compensation if serious errors are made by the agent. In some proceedings in the Land Court, costs are awarded against the unsuccessful party. If the successful party has engaged an agent to represent them, then it is unlikely the agent’s fees can be recovered from the unsuccessful party. You may be asked by your agent to sign a waiver to remove your right to make a claim against them if you are dissatisfied with the outcome of the proceedings. You should be aware that you are engaging an agent who may not have to accept any responsibility for the outcome of the proceedings.

I have read and understood the information above

My agent’s authority to represent me is [limited / unlimited]

(If limited please provide details)

Signed by: (please select one) Individual objector

Company objector (the company officer)

Group objector (the authorised spokesperson)

Signature: Date:

Name:

LC Form 10 | Notice of Election P a g e | 6