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Queensland Land and Resources Tribunal: Empowering Justice for Cultural Heritage, Native Title, and Mining

Learn about the Queensland Land and Resources Tribunal, an independent judicial body managing cultural heritage, native title, and mining. Understand its exclusive jurisdiction, functions, and challenges ahead.

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Queensland Land and Resources Tribunal: Empowering Justice for Cultural Heritage, Native Title, and Mining

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  1. QUEENSLAND Land and Resources TribunalPresentation by Deputy President KinghamDeputy President Fleur Kingham

  2. 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

  3. President KOPPENOL Deputy President SMITH Land and Resources Tribunal Staff

  4. What will it do? cultural heritage native title mining environment

  5. Cultural Heritage • exclusive jurisdiction • injunctions • any type of development of activity • determination by LRT • commenced 21 April 2000

  6. 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

  7. 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

  8. Mining Tenure • Mining Warden functions • recommendations on mining tenements • compensation for land holders • caveats etc • recommendations and determinations • commencing in the near future

  9. Environment • objections decisions • recommendations • review decisions • refusal of authority or amendments • rehabilitation issues • compulsory audits • determinations • draft legislation with stakeholders

  10. How will it operate? • natural justice • case management flow chart • minimum formality • expeditious • costs • accessible • ADR

  11. Challenges ahead integrating diverse jurisdiction • multiple legislation • multiple and diverse issues • multiple roles

  12. Challenges ahead compensating native title holders and claimants • what principles apply? • determination prior to native title determination

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