Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 278A

278A Land Court’s jurisdiction for At Risk agreement

(1) The Land Court has jurisdiction to hear and decide a proceeding about the following matters under a condition of a mining lease requiring compliance with the At Risk agreement—

(a) whether hardship, as defined under the agreement, exists;

(b) the fair market value of a property for the purposes of the agreement.

(2) In a proceeding under subsection (1) (a) , the Land Court must consider—

(a) all relevant matters put before the committee in any mediation under the agreement; and

(b) the final recommendation made by the committee in the mediation.

(3) In a proceeding, a copy of the agreement as at a particular date, certified as a true copy by the chief executive, is admissible as evidence of the agreement at that date until the contrary is proved.

(4) Despite the Limitation of Actions Act 1974 , a proceeding must start—

(a) for a matter that arose before the commencement of this section—within 1 year after the commencement; or

(b) for a matter that arose after the commencement of this section—within 1 year after the committee gives notice of its final recommendation about whether hardship, as defined under the agreement, exists.

(5) In this section—

"committee" means the committee mentioned in the At Risk agreement.