Lands, Planning and Mining Tribunal

About the Lands, Planning and Mining Tribunal

Chairperson: Dr John Lowndes
Registrar: Nanette Burns
Location: Level 1, Cnr Cavenagh and Bennett Streets, Darwin NT 0800
Postal: GPO Box 2014, Darwin NT 0801
Telephone: (08) 8999 5001
Facsimile: (08) 8999 5005
Email: landsmining.tribunal@nt.gov.au
Office open: 8:30 am to 12 noon and 1:00 pm to 4:00 pm

Outline

The Lands and Mining Tribunal (“the Tribunal”) is an independent statutory body established under the Lands and Mining Tribunal Act (“LMT”). LMT commenced on 1 August 1998. The Tribunal is currently vested with jurisdiction in the following areas:-

  1. Making recommendations is respect of compulsory land acquisitions under the Lands Acquisition Act 1978 (“LAA”)
  2. Decisions or lack of them by the Development Consent Authority under the Planning Act 1999 (“PA”)
  3. Compensation claims in respect of land compulsory acquired as a consequence of orders of the body which preceded the Tribunal.

Top of page

Pending Jurisdiction
  1. Appeals under the Heritage Act.
  2. Jurisdiction of the Mining Wardens Court previously vested in the Magistrates Court.
Chairperson

Dr John Lowndes was appointed Chairperson of the Lands, Planning and Mining Tribunal on 15 June 2007.

Tribunal Staff

The Tribunal is staffed by the Chairperson and a Registrar. At the current time Nanette Burns is Registrar.

Tribunal Procedures - What Usually Happens?

For the information of members of the public, the principal Tribunal procedures are outlined below. Please note that these are in very general terms and are not exhausted of all the possible procedures which can be ventilated before the Tribunal. A party should not act on any aspect of these published procedures without first obtaining competent legal advice.

Objections to CompulsoryLand Acquisitions:

The process to acquire relevant land commences under LAA by the Minister as Applicant filing a Form 2 at the Tribunal Registry. This form advises the Tribunal that there are Objectors to a proposed land acquisition. The Tribunal sets the matter down for a directions hearing no sooner than 28 days after the filing of the Form 2. The parties are notified of the Tribunals willingness to make orders by consent providing written minutes are filed not less than 48 hours prior to the scheduled directions hearing. At the directions hearing, or pursuant to any consent Minutes, a timetable for filing written material is set out in the Tribunal order. When all material has been filed and oral evidence, if any, has been completed the Tribunal is required to make a recommendation to the Minister in relation to the intended land acquisition. If the parties rely on the written material No formal hearing is convened.

Top of page

How Long does a Lands Acquisition Matter Take?

In all Lands Acquisition matters, the only timeline that can be established is at the end of the formal hearing date, or, if the matter is not going to hearing, when the parties have filed all their material and have indicated they do not wish to cross-examine. LMT requires that the Chairperson makes a decision within 2 months after that date. 14 days for delivery of decisions has generally been the achievable case in accordance with the Chairpersons self imposed limits.

Appeals Under the Planning Act

A notice of appeal must be filed with the Tribunal not less than 28 days after receiving a determination from the Authority. The appellant must pay the appropriate filing fee. The Tribunal sends out a notice to the parties setting the matter down for a compulsory mediation conference. If no compromise or settlement is reached at mediation, the appellant may give notice to the Tribunal that he/she wishes the matter to be determined by the Tribunal. There is no filing fee for this notice. The appropriate form to use in this instance is the Tribunal’s Form 1, quoting the appropriate section as follows:

I, the appellant, pursuant to Section 127 of the Planning Act, give notice that a conference has been held under Division 4 in relation to this appeal; and a compromise or settlement has not been reached under Section 125 in relation to the appeal, and I wish the matter to be determined by the Appeals Tribunal.

The appellant is required to file submissions within 14 days of filing and serving Notice under Section 127 PA. The Development Consent Authority is required to file their submissions within 14 days of notification from the Tribunal of receiving a Notice of Appeal under section 127 PA. The parties are notified that each of them have 28 days from the filing of that last mentioned Notice to make submissions in reply to each to each other’s filed material. The Tribunal is empowered to make a decision on the material filed. There is a power reposing in the Chairperson to request further information from the parties. The Chairperson is also empowered to convene a hearing. Such has not yet been the case.

Top of page

How Long does it Take to Finalise a Planning Appeal?

It is difficult to generalise a timeframe for all matters as it depends on the kind of material filed. Suffice to say that the Chairperson is committed to a timeline of finalising his decision within 14 days of the last material filed or the last hearing date. To date the Tribunal’s average turnaround time from the initial date of filing a Notice of Appeal and the final determination has been 90 days. Where matters are resolved at mediation the duration of mediation meetings obviously determines the length of the process.

Heritage Appeals and Mining Wardens Jurisdiction

Although the relevant authorised persons have advised the Tribunal of the intention to vest the jurisdiction concerned in the Tribunal there is at the time of this update no legislation in place to do so.

Appeals Against Tribunal Recommendations – Land Acquisition

Under LAA in respect of any recommendation to acquire, there is no appeal from the Tribunal’s decision. Section 84 LAA provides for certain specific appeals in relation to issues of compensation alone or certain matters involving reconsideration where determination of Native Title has been revised. Any such appeal is an appeal in the strict sense and the Supreme Court may only consider the material filed in the Tribunal.

Appeals Against Tribunal Decisions – Planning

In terms of PA, section 133 deals with appeals to the Supreme Court and specifies that an appeal only exists on a question of law and must be made within 28 days after service by the Tribunal of a statement of its reasons for any decision.

Top of page