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MINERAL RESOURCES ACT 1989 - SECT 364
Application for interim orders by remote means
364 Application for interim orders by remote means
(1) Where by reason of distance, urgency or other circumstances affecting a
particular case, it is impracticable for a party to a cause or matter within
the jurisdiction, under this Act, of the Land Court to make application to the
Land Court for an order for the detention or preservation of any property or
thing, being the subject matter of the litigation or as to which any question
may arise therein, the party may make the application to the chief executive
in the same manner that an application could be made to the Land Court.
(2)
Where an application is made pursuant to subsection (1) to the chief
executive, the chief executive shall forthwith advise the Land Court (whether
by means of telephone, radio, telex, facsimile transmission or other facility
for distance communication) of the application and of all relevant details and
any supporting evidence produced to the chief executive in respect of the
application.
(3) On the giving of the advice under subsection (2) , the Land
Court may make any order it could have made had the application been made in
its presence.
(4) Upon making an order pursuant to subsection (3) the Land
Court shall forthwith inform the chief executive by like means referred to in
subsection (2) of the order and the chief executive must, as soon as
practicable, give each party a copy of the order.
(5) The order must state
the day and place that the order was made.
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