Land and Resources Tribunal Presentation by Deputy President Kingham Deputy President Fleur Kingham QUEENSLAND
What is the LRT? independent judicial and quasi judicial body progressively being implemented presiding and non-presiding members presiding members at judicial level only presiding members appointed
President KOPPENOL Deputy President SMITH Land and Resources Tribunal Staff
What will it do? cultural heritage native title mining environment
Cultural Heritage exclusive jurisdiction injunctions any type of development of activity determination by LRT commenced 21 April 2000
Native Title NOT native title determinations Qld alternative provisions –native title objections –interpret and enforce agreements –compensation –exclusive jurisdiction –determination by LRT…but –Commonwealth approval of scheme
Native Title Independent Body –some non-exclusive lease renewals –compulsory acquisition for 3rd party infrastructure –infrastructure only mining leases –referred at request of native title party determination commenced 21 April 2000
Mining Tenure Mining Warden functions –recommendations on mining tenements –compensation for land holders –caveats etc recommendations and determinations commencing in the near future
Environment objections decisions –recommendations review decisions –refusal of authority or amendments –rehabilitation issues –compulsory audits –determinations draft legislation with stakeholders
How will it operate? natural justice case management flow chart minimum formality expeditious costs accessible ADR
Challenges ahead integrating diverse jurisdiction –multiple legislation –multiple and diverse issues –multiple roles
Challenges ahead compensating native title holders and claimants –what principles apply? –determination prior to native title determination