Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 250

250 Rejection of application by chief executive

(1) A person who lodges an application for the grant of a mining lease shall provide the chief executive with such information and particulars relating to the requirements set out in section 245 (1) on behalf of the applicant as the chief executive requires and on failure to provide that information the chief executive may reject the application.

(2) The chief executive may reject an application for a mining lease for all or part of land that appears, on evidence available to the chief executive, to be in the area of a mining claim, mineral development licence (other than the licence held by the applicant) or mining lease, or an application for the grant of a mining claim, mineral development licence or mining lease.

(3) For the purposes of subsection (2) where a mining claim, mineral development licence or mining lease is terminated or an application for a mining claim, mineral development licence or mining lease is abandoned or rejected, the relevant area or land shall be deemed to continue to be subject to the mining claim, mineral development licence or mining lease, or application until the day next following that termination, abandonment or rejection.

(4) A person whose application for the grant of a mining lease is rejected by the chief executive pursuant to subsection (1) or (2) may appeal against the rejection to the Land Court by lodging a written notice of appeal with the registrar of the Land Court within 20 business days of the rejection.

(5) The Land Court shall hear and determine the appeal and its determination thereon shall be final.

(6) At a hearing pursuant to this subsection the Land Court shall take such evidence, shall hear such persons and inform itself in such manner as it considers appropriate in order to determine the appeal and shall not be bound by any rule or practice as to evidence.

(7) If the Land Court does not confirm the rejection by the chief executive the Land Court shall direct the chief executive to proceed with the application and the chief executive shall do all things necessary to implement that decision.