Queensland Consolidated Acts

CAIRNS CASINO AGREEMENT ACT 1993 - SECT 7

7 Heritage Act—whether registered place or otherwise

(1) If the Cairns Casino is to be developed—

(a) in relation to a place that is a registered place— subsections (2) to (8) apply; or

(b) in relation to a place that is not a registered place— subsection (9) applies.

(2) Division 1 of part 5 of the Heritage Act does not apply to the development of the Cairns Casino.

(3) The proposed development of the Cairns Casino is taken to be a development to which section 37 of the Heritage Act applies.

(4) In relation to the proposed development of the Cairns Casino, the Minister is the Minister responsible for the proposed development or work mentioned in section 37 of the Heritage Act.

(5) A decision under the Heritage Act, or another decision, of a State agency or public official in relation to the development or operation of the Cairns Casino—

(a) is final and conclusive; and

(b) can not be challenged, appealed against, reviewed, quashed, set aside, or questioned in any other way, under the Review Act or otherwise (whether by the Supreme Court, another court, a tribunal, an authority or a person); and

(c) is not subject to any writ or order of the Supreme Court, another court, a tribunal, an authority or a person on any ground.

Examples of writs and orders to which the subsection applies—

• writs of mandamus, prohibition and certiorari

• certiorari orders, prohibition orders, prerogative orders, prerogative injunctions, and statutory orders of review, within the meaning of the Review Act

• declaratory and injunctive orders

(6) Without limiting subsection (5) , the Review Act does not apply to—

(a) conduct engaged in for the purpose of making a decision; or

(b) other conduct that relates to the making of a decision; or

(c) the making of a decision or the failure to make a decision; or

(d) a decision;

under the Heritage Act or otherwise about the development or operation of the Cairns Casino.

(7) In particular, but without limiting subsection (6) , the Supreme Court does not have jurisdiction to decide applications made to it under part 3, 4 or 5 of the Review Act about matters mentioned in that subsection.

(8) The Minister’s power under section 37 (5) of the Heritage Act to decide whether to accept or reject a recommendation of the Queensland Heritage Council is not affected by subsection (5) (a) of this section.

(9) If the Cairns Casino is prescribed, by regulation, to be developed in relation to a particular place, the Council must not, under the Heritage Act (on its own motion or on application)—

(a) enter the place in the Heritage Register; or

(b) consider or further consider whether the place should be entered in the Heritage Register.