Queensland Numbered Acts Queensland Numbered Acts(1) This section applies if an election notice is given under section 88 and—
(a) a party asked an authorised officer to call a conference and the authorised officer does not finish it within the period required under section 89 (the required period); or
(b) a party called for an ADR and the person facilitating the ADR does not finish it within the period required under section 90 (also the required period); or
(c) only 1 party attended the conference requested or ADR called for; or
(d) both parties attended the conference or ADR and, at the end of the required period, there is no conduct and compensation agreement between the parties.
(2) An eligible party may apply to the Land Court for it to decide—
(a) the resource authority holder's compensation liability to the claimant; or
(b) the resource authority holder's future compensation liability to the claimant for an authorised activity for the resource authority proposed to be carried out by or for the holder; or
(c) a matter mentioned in section 83(1)(a) or (b).
(3) However, the Land Court may decide the liability or future liability only to the extent it is not subject to a conduct and compensation agreement.
(4) In hearing the application, the Land Court—
(a) may, for the purpose of making an order mentioned in section 97(2)(c), have regard to the behaviour of the parties in the process leading to the application; and
(b) must, as much as practicable, ensure the hearing happens together with, or as closely as possible to, the hearing of any relevant environmental compensation application.
(5) In this section—
eligible party means a party who attended the conference or ADR.
relevant environmental compensation application means an application to the Land Court for compensation that is or may be payable by the resource authority holder to the eligible claimant under the Environmental Protection Act.