Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 86

86 Appeal against Land Court’s determination upon compensation

(1) A party aggrieved by a determination of the Land Court made under section 85 may, within 20 business days of the date of that determination or within such further period as the Land Appeal Court, on the application of that party in that behalf prior to the lodgement of the appeal, considers appropriate in any particular circumstances, appeal against the determination to the Land Appeal Court.

(2) The appeal shall be instituted by, within the time and in the manner prescribed—

(a) lodging in the Land Court, written notice of appeal which shall include the grounds of appeal; and

(b) serving copies of the notice of appeal on the chief executive and each other party.

(3) The Land Appeal Court shall have jurisdiction to hear and determine an appeal under this section.

(4) Upon hearing an appeal under subsection (1) the Land Appeal Court may—

(a) vary the determination of the Land Court in such a way as it thinks just; or

(b) disallow the appeal and confirm the determination of the Land Court;

and may make such order as to costs of the appeal as it thinks fit.

(5) In deciding an appeal, the Land Appeal Court must consider the things relevant to the appeal that the Land Court was required to consider in making the decision appealed against.

(6) The Land Appeal Court shall not admit further evidence upon an appeal from a determination of the Land Court under subsection (1) unless—

(a) it is satisfied that admission of the evidence is necessary to avoid grave injustice and there is sufficient reason that the evidence was not previously adduced; or

(b) the appellant and respondent agree to its admission.

(7) The determination of the Land Appeal Court on appeal shall be final and conclusive.