The Land and Resources Tribunal is an independent body, established under the Land and Resources Tribunal Act 1999, to be the forum for recommendations and decisions about issues relating to certain resource development, in particular, mining. This includes objections to the development, and issues about compensation. The LRT also has exclusive jurisdiction in relation to cultural heritage injunctions. This means that the LRT has the power to preserve items of indigenous cultural significance if it is satisfied that those items are under threat by a proposed development or other action.

• WHO SITS ON THE LRT?

The Members

The LRT will be composed of:-
Presiding members (decision and recommendation making)

• the president, (President Koppenol) appointed at the same level as a Supreme Court Judge,

• two deputy presidents, Deputy President Kingham, Deputy President Smith appointed at the same level as District Court Judges;

Full time non-presiding members (advisory referees) (no appointment made yet)

• a mining referee,

• a mediation referee,

• an indigenous issues referee

Part time non-presiding members (sitting members of the Land Court, Land Tribunal, and National Native Title Tribunal.)

Panels

The LRT can sit as a panel of presiding and non-presiding members, or as a single member, depending on the nature and complexity of the issues before it. The president determines the composition of a panel.

An appeal from an LRT panel is to The Court of Appeal. An appeal from a single member is to the President.

• WHAT DOES THE LRT DO?

The LRT hears cases about mining projects. The LRT will make recommendations to the Minister about whether particular mining projects should proceed, and on what conditions. It will also hear and determine matters about compensation and a number of other issues.

The LRT hears cases about cultural heritage and some other Government decisions. For example, an indigenous custodian may apply to the LRT for an order to stop a building project which might threaten an item of indigenous cultural heritage. The LRT acts as the independent and impartial decision-making body, and will make a decision based on the evidence placed before it. The LRT’s power to order that the project be stopped is called a cultural heritage injunction.

The LRT may also be asked to make a decision about objections, or compensation, where the State Government plans to acquire land for a large project – like a dam or pipeline. At the hearing, the LRT will hear evidence and arguments from all relevant parties before making its decision.

• HOW CAN I BRING A MATTER BEFORE THE LRT?

To apply to the LRT, once you are satisfied that the LRT has jurisdiction to hear your matter, you will need to use one of the forms approved under the Land and Resources Tribunal Rules.

You can collect these forms from the LRT at Level 13, 15 Adelaide Street, Brisbane, or you can ask the LRT to post or fax the forms to you. Forms can also be downloaded from this site.

The LRT Rules and forms have been kept simple. The issues and the relief sought should be clearly set out, and supported if necessary with a statement of facts or affidavit. Where the LRT Rules do not provide for a matter of procedure, the Uniform Civil Procedure Rules (UCPR) apply, subject to directions of the Tribunal.

Instructions about filling out these forms are also included on this site. Once you have completed the forms, you should either file them in person (or have your lawyer or agent file them) at the Registry at Level 13, 15 Adelaide Street, Brisbane, or post them to the LRT, c/- of the Acting Registrar, PO Box 12539, Brisbane Elizabeth Street BC, 4002.

• HOW WILL I KNOW WHEN MY HEARING WILL TAKE PLACE?

If you have filed an application to start a proceeding or an application in a proceeding, the date and time for hearing will be noted by Registry staff on the application form. An applicant must serve the application, with the date and time noted, on each respondent within the time specified for that type of application. This allows the respondent(s) to have sufficient notice to attend the hearing.

Some matters are referred to the tribunal by the various mining registrars. Details of hearing dates will be notified to you by the mining registrar and the registry.

• WHAT HAPPENS AFTER AN APPLICATION IS FILED?

In most new matters, an early directions hearing will be held about three weeks after the application is filed – the date will be noted on the form.

At the first directions hearing, the Tribunal presiding member will hear the parties and make orders about how, and in what timeframe the matter will proceed to hearing.

For more information about the process, see the Flowchart of Applications.