What does “on
the papers” mean?
A matter is dealt with “on the papers” if it
is decided on the written evidence and submissions which are provided
and no oral hearing is held. |
| Why
does the LRT deal with some matters “on the papers”? |
The LRT must act as quickly,
and with as little formality and technicality, as is consistent
with a fair and proper consideration of the issues before it.
To facilitate this, it has developed procedures to make decisions
“on the papers” on matters that are uncontested or which
the parties request be dealt with on the papers.
|
| What matters
can be dealt with “on the papers”?
|
- Directions Hearings
At directions hearings, the LRT makes orders about preparation
for and the conduct of the hearing. If the parties agree on
the orders the LRT should make, the LRT will usually make the
orders without the need for a directions hearing.
- Unopposed applications for mining leases
The LRT must make a recommendation on every application for
a mining lease, regardless of whether there is an objection
to the application. Under section 270 of the Mineral Resources
Act 1989 (MRA), the LRT can dispense with a hearing if
it satisfied that:
- the provisions of part 7 of the MRA have been complied
with;
- no objection to the grant of the mining lease has been
duly lodged;
- the owner of any “reserve” or “restricted”
land subject to the application consents to the grant of the
lease.
Click here
to access a flowchart that sets out the procedure for these
matters.
- Access agreements for low impact exploration permits
If an access agreement cannot be finalised because there has
been a change in the registered native title claimants for the
area applied for, and if all parties agree, the LRT will deal
with these applications “on the papers”. Click
here to access Practice
Direction 2 of 2002 for information about the procedure.
- Compensation determinations (mining)
The LRT will deal with applications or referrals for determination
of compensation for the impact of a mining lease or claim, unless
either party requests a hearing or the LRT considers a hearing
is necessary. Click
here to access a flowchart that sets out the procedure for
these matters.
- Settlements
If the parties have settled the matter, they can submit consent
orders to the LRT. If all issues have been dealt with by the
consent order, the LRT will usually make the orders sought “on
the papers”.
|
|
|
|
