Practice Directions

LAND COURT OF QUEENSLAND

 

PRACTICE DIRECTION No. 1 of 2009 pdf Version

Approved Forms

1.         The Land Court and Land Appeal Court forms have been updated.  Accordingly, the following Practice Directions are repealed:

Land Court of Queensland Practice Direction No. 1 of 2000;
Land Court of Queensland Practice Direction No. 2 of 2000;
Land Court of Queensland Practice Direction No. 1 of 2006.

 

Carmel MacDonald
President
4th September 2009

 

 

LAND APPEAL COURT OF QUEENSLAND

 

PRACTICE DIRECTION No. 1 of 2009 pdf Version

In accordance with Rule 51 of the Land Court Rules 2000, I approve forms 1 to 7 in the schedule below for use in the Land Appeal Court.

Schedule of approved forms:

LAC 1	Notice of appeal to the Land Appeal Court
LAC 2	Request for subpoena - Land Appeal Court
LAC 3	Subpoena to give evidence - Land Appeal Court
LAC 4	Subpoena for production - Land Appeal Court
LAC 5	Subpoena for production and to give evidence - Land Appeal Court
LAC 6	Notice of withdrawal or discontinuance - Land Appeal Court
LAC 7	General application – Land Appeal Court

 

Carmel MacDonald
President
4th September 2009

LAND COURT OF QUEENSLAND

 

PRACTICE DIRECTION No. 2 of 2009 pdf Version

In accordance with Rule 51 of the Land Court Rules 2000, I approve forms 1 to 18 in the schedule below for use in the Land Court.

 

Schedule of approved forms:

1.	Originating application
2.	Notice of appeal against a decision of the chief executive (ss.45, 55, 56 Valuation of Land Act)
3.	Referral of application for mining lease, additional mining lease applicant information and statutory declaration for the Land Court
4.	Mining registrar's report for the Land Court
5.	Referral of mining matters by the Mining Registrar
6.	Notice enclosing documents for matters under Mineral Resources Act 1989
7.	Objector/s participation level in mining application hearing
8.	Notice of appeal against a review decision (ss.877 & 878 Water Act 2000)
9.	Notice of appeal against a review decision (ss.427 and 428 Land Act 1994)
10.	Notice of appeal against a categorisation decision (s.89 City of Brisbane Act 1924 and s.988 Local Government Act 1993)
11.	General application
12.	Request for subpoena
13.	Subpoena to give evidence
14.	Subpoena for production
15.	Subpoena for production and to give evidence
16.	Request for trial date
17.	Notice of withdrawal or discontinuance
18.	Application for stay of an original decision (s.425 Land Act 1994)

Carmel MacDonald
President
4th September 2009

 

LAND COURT OF QUEENSLAND

 

PRACTICE DIRECTION No. 3 of 2009 pdf Version

 

Information to be provided prior to hearing

 

Where relevant, the following information is to be provided, no later than 10 days before any hearing:

1. Details of any interpreting and translating requirements.
    
2. Any practical and procedural arrangements that may need to be made by the Court to accommodate persons coming before it.
    
3. Any other information that may be required to facilitate the appropriate treatment of persons during the hearing – for example, cultural issues affecting the way in which evidence is given.

 

Carmel MacDonald
President
4th September 2009 

 

LAND COURT OF QUEENSLAND

 

PRACTICE DIRECTION No. 4 of 2009 pdf Version

Taking evidence and submissions by audio visual links and audio links

1. Evidence and submissions may be taken in a proceeding by the Land Court by audio visual link or audio link in accordance with s.39Q – s.39Z of the Evidence Act 1977.  The following procedure is intended to streamline the taking of evidence by audio visual link or audio link, and in particular, to avoid delay and disruption during the hearing.
    
2. A party wishing to have evidence or submissions taken by audio visual link or audio link must, at least fourteen (14) days before the date set for hearing, file and serve an application for an order that the evidence or submissions may be taken in that way. 
    
3. Where such an order is made, a party calling a witness must, unless the Court otherwise orders –
   
   1. 1. ascertain from the witness whether the evidence is to be given on oath or affirmed, and, where relevant, the form of oath to be taken;  and
      2. where evidence is to be given on oath, ensure that the witness will have   a  Bible or other relevant holy book available;
      
       
   2. explain to the witness that the evidence will be given in Court proceedings and recorded, and that the witness may be cross-examined by other parties or their lawyers and questioned by the presiding Member;<br />&nbsp;
   3. at least five (5) days before the commencement of the hearing, inform the Deputy Registrar of the audio visual or audio link number where the witness will be available
       
   4. arrange for the witness to be available to give evidence at a designated time (to be arranged with the Deputy Registrar) on the designated number.
       
4. In most cases, the Court will place the call to the witness, rather than vice versa.
    
5. Unless the Court otherwise orders, a party who applies to have evidence or submissions taken by audio visual or audio link must pay the expenses incurred in connection with taking the evidence or submissions in that way.  Arrangements for meeting those expenses must be made with the Deputy Registrar prior to the witness giving evidence.

Carmel MacDonald
President
4th September 2009

 

LAND COURT OF QUEENSLAND

 

PRACTICE DIRECTION No. 5 of 2009 pdf Version

Form of address in Court

From 4th September 2009 the President and Members of the Land Court are to be addressed as "Your Honour" during Court hearings.

Carmel MacDonald
President
4th September 2009

 

LAND COURT OF QUEENSLAND

 

PRACTICE DIRECTION No. 6 of 2009  pdf Version

Applications for Mining Leases and for Additional Surface Areas of Land

1. The Court is concerned to ensure that its procedures for dealing with applications under the Mineral Resources Act 1989 for mining leases and for additional surface areas of land are as simplified and expeditious as possible.
    
2. To that end, each applicant for a mining lease or for an additional surface area of land will be required to:
   
   
   1. complete Form 3 and statutory declaration
   2. within five (5) business days after the last day for the receipt of objections for the application;
      
      1. lodge it with the mining registrar (at whose office the application was lodged) for forwarding to the Court;
      2. provide a copy of it to each objector (if any)
3. Use of this form is intended to:
   1. supplement the application (which applicants are reminded should be completed in a detailed and meaningful way); and
   2. assist in reducing the number of Court directions hearings that may be required; and
   3. enable as many unopposed applications as possible to be dealt with by the Court on the papers and without an oral hearing.

Carmel MacDonald
President
4th September 2009

 

LAND COURT OF QUEENSLAND

 

PRACTICE DIRECTION No. 7 of 2009  pdf Version

Objectors Participation in Mining Hearings 

1. This practice direction applies to applications for mining claims, mining leases or additional surface areas of land to be included in mining leases where objections under the Mineral Resources Act 1989 or the Environmental Protection Act 1994 are involved.
    
2. The Court recognises that not all objectors desire to fully participate in the hearing process.  To accommodate that, the Court is now able to offer objectors three options from which to choose their level of participation, as follows.
    
3. Level 1 objectors would rely upon their notice of objection only and would not attend the hearing.
    
4. Level 2 objectors, in addition to relying upon their notice of objection, would
    
   1. attend the hearing,
       
   2. not call evidence or cross-examine witnesses, and
       
   3. make submissions at the end of the hearing.
       
5. Level 3 objectors, in addition to relying upon their notice of objection, would
   
   1. attend the hearing,
       
   2. call evidence and cross-examine witnesses, and
       
   3. make submissions at the end of the hearing.
       
   
   
6. In all cases the following documents will be forwarded to an objector:
   1. Copies of Court orders and decisions
       
   2. Hearing notices
       
   
   
7. Objectors should complete and deliver the attached Form 7 to indicate their level of participation in the Court proceedings.
    
8. Objectors may choose to change the level of their participation prior to the first hearing, with at least twenty-eight (28) days notice to the Court.
    
9. Where an objector fails to make an election as set out above, the objector will be treated as a level 3 objector.

Carmel MacDonald
President
4th September 2009

 

LAND COURT OF QUEENSLAND

 

PRACTICE DIRECTION No. 8 of 2009  pdf Version

Compensation applications (petroleum and gas)

1. This practice direction applies to applications to the Court for compensation under s.79R of the Petroleum Act 1923 (PET Act) or s.533 of the Petroleum and Gas (Production and Safety) Act 2004 (P & G Act):    
    
   1. Within twenty-eight (28) days after the date of the acknowledgement letter issued by the Land Court registry, the applicant will file in the Court and serve on the other party (the respondent) a compensation statement and any supporting affidavits or statutory declarations.
       
   2. A statement as to whether the applicant wishes the matter to be dealt with on the papers or by oral hearing must be included.  (Both parties must consent if a matter is to be heard on the papers pursuant to r.35 of the Land Court Rules 2000.)
       
   3. Within twenty-eight (28) days after being served with that material, the respondent will file in the Court and serve on the applicant a compensation statement (which should also identify any aspects of the applicant's compensation statement with which the respondent agrees or disagrees – and if the respondent disagrees, the reasons for any disagreement) and any supporting affidavits or statutory declarations.
       
   4. Within seven (7) days after being served with the respondent's material, the applicant will file in the Court and serve on the respondent any material in reply to the respondent's material.
       
   5. If either party desires further time to comply with these procedures, that party should immediately contact the deputy registrar who will refer the request to the relevant Member.
       
2. For paragraph 1 –
    
   1. "applicant" means the party applying for compensation under s.79R (1) PET Act or s.533(1) P & G Act.
       
   2. "compensation statement" means a statement detailing the amount of compensation the party considers the Court should determine having regard to the factors in s.79P PET Act or s.531 P & G Act.

 

Carmel MacDonald
President
4th September 2009

 

LAND COURT OF QUEENSLAND

 

PRACTICE DIRECTION No. 9 of 2009  pdf Version

Compensation determinations (mining)

 

1. This practice direction applies to the determination of compensation by the Court under sections 85, 279 and 281 of the Mineral Resources Act 1989 (MRA):
   1. Within twenty-eight (28) days after the date of the acknowledgement letter issued by the Land Court Registry, the applicant will file in the Court and serve on the other party (the respondent) a compensation statement and any supporting affidavits or statutory declarations.
       
   2. A statement as to whether the applicant wishes the matter to be dealt with on the papers or by hearing must be included.  (Both parties must consent if a matter is to be heard on the papers pursuant to r.35 of the Land Court Rules 2000.)
       
   3. Within twenty-eight (28) days after being served with that material, the respondent will file in the Court and serve on the applicant a compensation statement (which should also identify any aspects of the applicant’s compensation statement with which the respondent agrees or disagrees – and if the respondent disagrees, the reasons for any disagreement) and any supporting affidavits or statutory declarations.
       
   4. Within seven (7) days after being served with the respondent's material, the applicant will file in the Court and serve on the respondent any material in reply to the respondent’s material
        .
   5. If either party desires further time to comply with these procedures, that party should immediately contact the Deputy Registrar who will refer the request to the relevant Member.
       
2. For paragraph 1 –
   1. "applicant" means the party applying for a determination of compensation under sections 85(5) or 281(1) MRA.
       
   2. "compensation statement" means a statement detailing the amount of compensation the party considers the Court should determine, having regard to, in the case of a mining claim, the criteria in section 85(7) and (8), and in the case of a mining lease the criteria in section 281(3) and (4) MRA.

 

Carmel MacDonald
President
4th September 2009 

 

LAND COURT OF QUEENSLAND

 

PRACTICE DIRECTION No. 10 of 2009 pdf Version

Application to remove caveat – Procedure 

1. Pursuant to the Mineral Resources Act 1989 (ss.101, 156, 203 and 305), an application may be made to the Court by a person with a relevant right or interest to issue a summons to the caveator of a mining tenement or an application for a mining lease to attend the Court to show cause why the caveat should not be removed.  This Practice Direction outlines the procedure to be adopted for such applications.
    
2. The application must be made using the Court's Form 1, supported by an affidavit by the applicant establishing the applicant's right or interest in the mining tenement or the application for a mining lease.
    
3. The Judicial Registrar may constitute the Court for the purpose of considering the application and is authorised to issue the summons.
    
4. If the Court issues the summons, the applicant must serve the application and affidavit, as well as the summons, upon the caveator.
    
5. The matter will be listed by the Deputy Registrar for hearing by the Court.

 

Carmel MacDonald
President
4th September 2009

 

LAND COURT OF QUEENSLAND

 

PRACTICE DIRECTION No. 11 of 2009 pdf Version

Amendment to Form 4

1. Land Court Form 4 is the Mining Registrar’s Report for the Land Court. Question 2 of Form 4 incorrectly refers to Mineral Resources Regulation 2003, schedule 4.
    
2. Question 2 of Form 4 is amended to substitute, for reference to schedule 4, reference to schedule 3.
    
3. For clarity, Question 4 (b) of Form 4 has been amended to substitute “wider (including application area)” to “wider, showing nearest town (including application area)".
    

Carmel MacDonald
President
5th October 2009

LAND COURT OF QUEENSLAND

 

PRACTICE DIRECTION No. 12 of 2009 pdf Version

Amendment to Forms:
LC1; LC2; LC7; LC8; LC9; LC10; LC11; LC18

1. As of Monday 26 October 2009 the Land Court and Land Court Registry will be relocated to the Brisbane Magistrates Court Building.
    
2. As of that date forms that are lodged in person should be lodged at: The Registry, Land Court, Level 8, 363 George Street, BRISBANE  QLD   4000.
    
3. All Land Court forms which refer to the Registry’s previous address are amended to refer to the Registry’s new address.
    

Carmel MacDonald
President
23 October 2009

 

 

Last updated 23 October 2009 | © The State of Queensland (Land Court) 2002