Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 265

265 Referral of application and objections to Land Court

(1) Subsections (2) and (3) apply if—

(a) a properly made objection is made for an application for a mining lease; and

(b) the application for the mining lease relates to an application under the Environmental Protection Act , section 125 for an environmental authority for a mining activity relating to a mining lease; and

(c) either—

(i) an objection notice relating to the application for the environmental authority is given under the Environmental Protection Act , section 182 (2) to the EPA administering authority; or

(ii) the applicant for the environmental authority has requested, under the Environmental Protection Act , section 183 (1) , that the application for the environmental authority be referred to the Land Court.

(2) The chief executive must refer the following to the Land Court for hearing—

(a) the application for the mining lease;

(b) all properly made objections for the application for the mining lease;

(c) all objection notices, relating to the application for the environmental authority, given under the Environmental Protection Act , section 182 (2) ;

(d) if the applicant for the environmental authority has requested the EPA administering authority to refer the application to the Land Court under the Environmental Protection Act , section 183 —a copy of the request.

(3) The chief executive must make the referral within 10 business days after the latest of the following—

(a) the last objection day for the application for the mining lease;

(b) if an owner of land may lodge an objection under section 260 (2) —the last day of the period for lodging an objection under that subsection;

(c) the last day on which the application for the environmental authority may be referred to the Land Court under the Environmental Protection Act , section 185 (2) .

(4) Subsections (5) and (6) apply if—

(a) a properly made objection is made for an application for a mining lease; and

(b) the application for the mining lease does not relate to an application under the Environmental Protection Act , section 125 for an environmental authority for a mining activity relating to a mining lease.

(5) The chief executive must refer the application for the mining lease, and all properly made objections for the application, to the Land Court for hearing.

(6) The chief executive must make the referral within 10 business days after the later of the following—

(a) the last objection day for the application for the mining lease;

(b) if an owner of land may lodge an objection under section 260 (2) —the last day of the period for lodging an objection under that subsection.

(7) If the Land Court receives a referral under subsection (2) or (5) , the Land Court must fix a date for the hearing and immediately give written notice of the date to each of the following—

(a) the chief executive;

(b) the applicant for the mining lease;

(c) a person who has lodged a properly made objection for the application for the mining lease;

(d) a person who has given to the EPA administering authority, under the Environmental Protection Act , section 182 (2) , an objection notice relating to the application for the environmental authority.

(8) The hearing date must be at least 20 business days after the last objection day for the application for the mining lease.

(9) The Land Court may make an order or direction that a hearing under section 268 for an application for the grant of a mining lease and any objections to the grant happen at the same time as an objections decision hearing under the Environmental Protection Act , section 188 relating to the application for the mining lease.

(10) If all properly made objections referred to the Land Court under subsection (2) or (5) are withdrawn under section 261 or struck out under section 267A before the Land Court forwards its recommendation to the Minister under section 269 , the Land Court may remit the matter to the chief executive.

(11) In this section—

"properly made objection" means an objection lodged under section 260 that has not been withdrawn.