Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 78

78 Land Court’s determination on hearing

(1) Upon the hearing by the Land Court under this chapter of all matters in respect of an application for the grant of a mining claim the Land Court may—

(a) instruct the Minister to reject the application;

(b) instruct the Minister to grant the mining claim—

(i) upon compliance with any terms and conditions imposed by the Minister on the applicant with respect to the application or the grant; and

(ii) in the case where the application relates to land that is a reserve and the consent of the owner of the reserve to the grant has been obtained;

(c) in the case where the application relates to land that is a reserve and the owner of the reserve does not consent to the grant of the mining claim—

(i) make an instruction referred to in paragraph (a) ; or

(ii) recommend to the Minister that the Governor in Council should consent to the grant of the mining claim and the terms and conditions (if any) to which the mining claim should be subject.

(2) The Land Court shall not—

(a) give an instruction to the Minister directed towards the grant of a mining claim;

(b) make a recommendation to the Minister directed towards the giving of consent by the Governor in Council to the grant of a mining claim;

if it is satisfied that—

(c) the provisions of this chapter have not been complied with; or

(d) the public interest would be adversely affected by the grant of the mining claim; or

(e) there is good reason to refuse to grant the mining claim.

(3) The Land Court may give an instruction or make a recommendation referred to in subsection (2) notwithstanding that the question of compensation has not been determined as provided in section 85 .