Doyle v Minister for Natural Resources and Mines

[2005] QLC 50

LAND COURT OF QUEENSLAND

CITATION:

Doyle  v Minister for Natural Resources and Mines  [2005] QLC 0050

PARTIES:

John, Jon and Sonya Doyle
(applicants)

v.

Minister for Natural Resources and Mines
(respondent)

FILE NO:

LA2005/1011

DIVISION:

Land Court of Queensland

PROCEEDING:

In the matter of an application for a declaration under Section 33(1)(a) of the Land Court Act 2000 ordering the respondent to complete the internal review of a decision in respect of conditions of tree clearing permits granted purusant to Part 3 of Division 2 of the Land Act 1994.

DELIVERED ON:

15 September 2005

DELIVERED AT:

Brisbane

HEARD:

On the papers without an oral hearing:  Rule 36 of the Land Court Rules 2000

MEMBER:

The President

ORDERS:

1. The application for a declaration under s.33(1)(a) of the Land Court Act 2000 is granted.

2.            The respondent is to complete the internal review and communicate the result of and the reasons for the decision to the applicants by 4.00 p.m. on 29 September 2005.

3.            The respondent will pay the applicants' costs in the amount of One Thousand Dollars ($1,000) by 4.00 p.m. on 29 September 2005.

CATCHWORDS:

Practice and procedure - Application for declaration and orders - Application for internal review of conditions of tree clearing permits not finalised - Land Act 1994 ss. 264, 422, 424; Land Court Act 2000 s.33

1. This is an application for a declaration ordering the respondent to complete the internal review of a decision in respect of condition of tree clearing permits granted pursuant to Part 3 of Division 2 of the Land Act 1994.

Background

1. Following applications for tree clearing permits by the applicants, on 17 October 2003, the Chief Executive, Department of Natural Resources and Mines, granted five tree clearing permits with conditions.  On 19 November 2003 the applicants lodged an application for internal review in respect of the conditions of the permits.  As at the date of the present application, no decision in respect of the internal review had been provided to the applicants, therefore no appeal could be lodged with the Land Court.

Relief Sought

1. The applicants seek a declaration and orders that the respondent complete the internal review of the original decision and communicate that decision to the applicants within 14 days of the order of the Court.

2. The application for the declaration was set down for hearing on 15 September 2005.  However, on 14 September 2005 the Court was advised that the parties had agreed to consent orders in respect of this matter.

Orders

1.The application for a declaration under s.33(1)(a) of the Land Court Act 2000 is granted.

2.The respondent is to complete the internal review and communicate the result of and the reasons for the decision to the applicants by 4.00 p.m. on 29 September 2005.

3.The respondent will pay the applicants' costs in the amount of One Thousand Dollars ($1,000) by 4.00 p.m. on 29 September 2005.

JJ TRICKETT

PRESIDENT OF THE LAND COURT