Queensland Numbered Acts

MINERAL AND ENERGY RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2020 - SECT 148

148 Replacement of s 399 (Mode of service of documents)

Section 399 —
omit, insert—

399 Service of documents by prescribed persons

(1) This section applies—

(a) to each of the following persons (a
"prescribed person" )—

(i) a holder of, or applicant for the grant of, a mining tenement;

(ii) a person who is carrying out, or intends to carry out, an activity under section 386V; and

(b) if the prescribed person is required to give a document to, or serve a document on, either of the following persons (the
"recipient" )—

(i) an owner of land;

(ii) an affected person under section 64A or 252A.

(2) The prescribed person gives the document to the recipient, or serves the document on the recipient, if—

(a) the document is served personally on the recipient; or

(b) the document is sent by registered post to the recipient’s place of residence or business last known to the prescribed person; or

(c) the document is sent to an email address that the recipient—

(i) gave the prescribed person to use to communicate with the recipient; and

(ii) has not asked the prescribed person to stop using to communicate with the recipient.

(3) This section does not limit the Electronic Transactions (Queensland) Act 2001 .

(4) In this section—

"document" includes information.

399A Service of documents generally

(1) This section applies if the Minister, the Land Court, the tribunal, an authorised officer or another person (each a
"sending entity" ) is—

(a) required or permitted to give a document to a person; or

(b) required to serve a document on a person.

(2) However, this section does not apply for giving a document to which section 399 or chapter 11, part 3, division 9 applies.

(3) The sending entity gives the document to the person, or serves the document on the person, if—

(a) the document is served personally on the person; or

(b) the document is left at the person’s address for service or other last known address; or

(c) the document is sent by registered post to the person’s address for service or other last known address; or

(d) if the sending entity is the Minister or an authorised officer—the document is sent to an email address that the person gave the Minister, chief executive or authorised officer.

(4) If a person’s address for service is the name and address of someone else (the
"nominated person" ), the document is taken to be given to, or served on, the person if it is given to, or served on, the nominated person under subsection (3).

(5) This section does not limit the Electronic Transactions (Queensland) Act 2001 .

(6) In this section—

"address for service" , for a person, see section 388(3).

"document" includes the following—

(a) a direction;

(b) a notice;

(c) an order;

(d) information.

"last known address" , for a person, means—

(a) if an address for the person is recorded in the register—the address recorded in the register; or

(b) otherwise—the place of residence or business of the person last known to the sending entity giving a document to, or serving a document on, the person.