JURISDICTION OF THE LAND AND RESOURCES TRIBUNAL¹

The LRT has jurisdiction for:

• Mining onshore

• Environmental authorities for onshore mining activities

• Mining offshore

• Mining under the Special Agreement Acts

• Petroleum

• Fossicking

• Water

• Cultural heritage

• Native title in relation to mining activities

A brief description of each of those topics appears below. You can also download the QLRT Overview of Jurisdiction (PDF)

Mining jurisdiction onshore (other than native title)

The LRT has jurisdiction under the Mineral Resources Act 1989 (MRA)² to:

• hear applications for and objections to mining claims and mining leases (or renewal of claims and leases) and to make directions and recommendations about their grant or renewal;

• determine and review non-native title landowner compensation for the impact of mining activities;

• determine disputes about caveats over mining tenements;

• determine other disputes about mining tenements; and

• review or hear appeals from certain decisions made by officers of the Department of Natural Resources, Mines & Energy under the MRA.

Click here to access a table that sets out the non-native title jurisdiction of The LRT pursuant to the MRA.

Environmental authorities for onshore mining activities

The LRT has jurisdiction under the Environmental Protection Act 1994 (EP Act) to:

• hear objections to applications for environmental authorities for mining activities³;

• to mediate disputes about such environmental authorities⁴;

• to mediate disputes about⁵ and to review⁶ administrative decisions by officers of the Environmental Protection Agency about:

  • environmental impact statements for mining activities;

  • applications for environmental authorities for mining activities;

  • notices to surrender environmental authorities for mining activities;

  • financial assurances for environmental authorities for mining activities;

  • exemption from disclosure of information in relation to mining activities⁷.

Mining jurisdiction under the Offshore Minerals Act 1998

The LRT has jurisdiction⁸ to:

• determine compensation for the suspension of tenure rights⁹;

• determine disputes regarding caveats over offshore tenures¹⁰;

• hear proceedings for offences under the Act¹¹;

• hear applications to recover certain costs, fees, royalties and payments due under the Act¹²; and

• exercise any authority conferred by the Commonwealth pursuant to the Offshore Minerals Act 1994 (Cwlth)¹³.

Special Agreement Acts jurisdiction

The LRT has the jurisdiction formerly conferred on the Mining Warden under the special agreement acts¹⁴. They are the Alcan Queensland Pty. i 1975, the Central Queensland Coal Associates Agreement Act 1968, the Queensland Nickel Agreement Act 1970 and the Thiess Peabody Coal Pty. Ltd. Agreement Act 1962.

Petroleum

The LRT has jurisdiction under the Petroleum Act 1923¹⁵ to:

• determine compensation for petroleum activities;¹⁶
  hear applications for petroleum tenures in certain circumstances;¹⁷

• recover debts owed to the Crown;¹⁸

• determine damages for trespass; ¹⁹

• consider cancellation of permits; and²⁰

• resolve disputes about use of water taken under the Act.²¹

Fossicking

The LRT has jurisdiction under the Fossicking Act 1994²² to hear appeals against decisions under the Act to:

• refuse to grant a licence or permit;
  

• impose a condition on a licence;
  

• refuse to replace a licence; and
  

• suspend or cancel a licence or cancel a permit²³.

Water

The LRT has jurisdiction under the Water Act 2000 to hear appeals against development decisions for the following operational work, if the work relates to an activity that the applicant has applied to be authorised under the MRA:

• taking or interfering with water from a watercourse, lake, spring or dam constructed on a watercourse;
  

• taking or interfering with artesian water;
  

• taking or interfering with overland flow water, if the operations are assessable development in a water resource plan;
  

• taking or interfering with subartesian water, if the operations are assessable development in a water resource plan or prescribed under a regulation;
  

• controlling the flow of water into or out of a watercourse, lake or spring in an an area declared to be a drainage and embankment area, if the operations are declared assessable;
  

• constructing or increasing by more than 10% the capacity of a referable dam²⁴.

Cultural Heritage

The LRT has exclusive jurisdiction to grant an injunction to stop acts that would contravene legislation designed to protect, preserve or allow access to items, places or areas of indigenous cultural significance. The Aboriginal Cultural Heritage Act 2003 and the Torres Strait Islander Cultural Heritage Act 2003 give the LRT jurisdiction to:

• grant an injunction to restrain acts that contravene Aboriginal or Torres Strait Islander cultural heritage provisions (this is exclusive jurisdiction);²⁵
  

• hear objections to decisions regarding cultural heritage studies;²⁶
  

• mediate disputes about cultural heritage management plans;²⁷
  

• hear objections to a refusal to approve a cultural heritage management plan;²⁸ and
  

• hear applications to approve cultural heritage management plans.²⁹

Native Title

The LRT has the following jurisdiction with respect to matters involving native title issues:

• Determination of negotiation and objection processes for registered native title parties in relation to applications for mining tenements lodged prior to 31 March 2003

  The LRT has jurisdiction to determine negotiation and objection processes for registered native title claimants and holders³⁰ in relation to the grant of, renewal of or subsidiary approvals for mining tenements³¹, other than low impact tenements , where the application was made on or before 31 March 2003. This includes mining claims³², high impact exploration permits³³, high impact mineral development licences³⁴ and mining leases³⁵. It also has jurisdiction with respect to the variation of the conditions of low impact exploration permits³⁶ and low impact mineral development licences³⁷, if the application was made on or before 31 March 2003 and if the variation of conditions would allow activities on non-exclusive land³⁸ other than low impact activities.

  The LRT's native title issues decision may be that the tenement is granted, that it is granted subject to conditions ("either included in the mining tenement or by way of contract conditions" ) or that the tenement should not be granted³⁹. The Minister can only overrule the LRT's decision in limited circumstances⁴⁰.

   

• Access agreements for low impact activities where the application for the tenure was lodged on or before 31 March 2003

  If the applicant is unable to reach an access agreement with the registered native title parties for an area subject to a low impact tenement, they can request the Mining Registrar to mediate the matter. If no agreement is reached one month after the request for mediation, the Mining Registrar must refer the matter to the LRT to make a decision about the terms of the access agreement, including compensation⁴¹.

   

• Mediation relating to applications lodged on or before 31 March 2003

  The LRT has jurisdiction to mediate negotiations between the applicant, the registered native title parties and the State with respect to all mining tenements applied for on or before 31 March 2003, other than low impact prospecting permits, low impact exploration permits and low impact mineral development licences⁴² . The request for mediation can be made to the LRT at any time before a negotiated agreement is reached or the application for the tenement has been referred to the LRT⁴³.

   

• Compensation relating to applications lodged on or before 31 March 2003

  The LRT has jurisdiction to determine compensation payable to native title parties in relation to the grant, renewal or subsidiary approvals of high impact tenements or access agreements for low impact tenements for applications made on or before 31 March 2003.

   

• Indigenous Land Use Agreements (ILUAs)

  The LRT Act confers jurisdiction on the LRT if an ILUA:

  • is registered under the Native Title Act 1993 (Cwlth) (NTA);

  • includes the State as a party; and

  • provides for a matter arising under the ILUA to be referred to the LRT for mediation or for the LRT to make a recommendation or a decision about the matter⁴⁴.

   

• Negotiated agreements

  The LRT has exclusive jurisdiction with respect to negotiated agreements about mining activities, to enforce, decide a matter arising under or make a declaration about the interpretation of a negotiated agreement⁴⁵. Negotiated agreements are:

  • access agreements for low impact tenements;

  • negotiated agreements for mining leases under part 17 of the MRA;

  • a compensation agreement under part 18 of the MRA;

  • agreements under the NTA^.46   

   

• Contract conditions

  The LRT has exclusive jurisdiction with respect to contract conditions about mining activities, to enforce, decide a matter arising under or make a declaration about the interpretation of contract conditions⁴⁷. They are conditions the LRT decides, as part of its "native title issues decision" must be complied with by one or more of the consultation and negotiation parties⁴⁸ but which are not included in the mining lease.

   

• NTA "independent body" jurisdiction

  The LRT is the independent body required under the NTA to hear objections by registered native title parties to the doing of certain acts⁴⁹. These include the renewal of certain agricultural and pastoral leases⁵⁰, the compulsory acquisition of native title interests for third party infrastructure⁵¹ and the grant of mining leases for the sole purpose of constructing infrastructure. ⁵²

1. This document was prepared to assist parties by way of introduction to the LRT's jurisdiction.It is not intended to provide legal advice to parties. It was prepared in March 2004. The jurisdiction of the LRT may well have altered due to amendments which took affect after that date. Parties should consult the Acts conferring jurisdiction on the LRT.

2. LRT Act Schedule 3 amendments to the MRA (NB: this schedule has been omitted from reprint no. 2 pursuant to the Reprints Act 1992, s. 40).

3. EP Act s. 219

4. EP Act s. 221

5. EP Act s. 526

6. EP Act s. 524

7. EP Act Sch 1 Part 1

8. LRT Act s. 86.

9. Offshore Minerals Act 1998 (Offshore Act) ss 49, 136 & 196

10. Offshore Act ss 341, 345, 348, 351 & 354

11. Offshore Act s. 442

12. Offshore Act ss 396 & 437

13. Offshore Act s. 438

14. LRT Act s. 86

15. LRT Act s. 86

16. Petroleum Act ss 18, 36 & 98

17. Petroleum Act ss 26 & 42

18. Petroleum Act s. 21

19. Petroleum Act s. 64

20. Petroleum Act s. 38

21. The Water Act 2000 substantially reduced the rights to water of tenure holders under the Petroleum Act. s. 86 of the Petroleum Act confers on the Minister the power to grant a permit to search for, obtain, store and use underground water, after reference of the application to the Department of Natural Resources, Mines & Energy.

22. LRT Act s. 86.

23. Fossicking Act 1994 s. 99.

24. Water Act s. 972.

25. These are provisions to protect cultural heritage and prohibit unlawful damage to, excavation and removal of and possession of Aboriginal and Torres Strait Islander cultural heritage ss 24(1), 25(1) and 26(1) of both the Aboriginal Cultural Heritage Act 2003 (ACHA) and the Torres Strait Islander Cultural Heritage Act 2003 (TSICHA).

26. s. 77 ACHA; s. 77 TSICHA

27. s. 106 ACHA; s. 106 TSICHA

28. s. 111 ACHA; s. 111 TSICHA

29. ss 112, 113 and 116 ACHA; ss 112 , 113 and 116 TSICHA

30. MRA 1989 s. 655.

31. Low impact prospecting permits MRA s. 430, low impact exploration permits MRA s. 481 and low impact mineral development licences MRA s. 537

32. MRA ss 462, 463, 465 and 472

33. MRA ss. 483, 522, 523 and 525.

34. MRA ss 539, 579, 580 and 586.

35. MRA ss 650, 669, 689, 694, 697, 699 and 704.

36. MRA ss 531 and 532.

37. MRA ss 540, 588 and 591.

38. MRA s. 422.

39. MRA s. 675.

40. MRA s. 680 and Part 17, Division 4, Subdivision 6.

41. MRA ss 426, 436A, 484, 491A , 540 and 547A.

42. Mediation of the access agreements can be requested from the Mining Registrar MRA ss 436,491 and 547.

43. Mineral Resources Act 1989 s. 662.

44. LRT Act s. 51B.

45. LRT Act s. 52.

46. LRT Act Sch 2 defn "negotiated agreements"

47. LRT Act s. 53A

48. MRA s. 658(1)

49. LRT Act s. 51A.

50. NTA s. 24ID.

51. State Development and Public Works Organisation Act 1971, s. 78B.

52. NTA s. 24MD(6)(b).
    

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