Doyle v Minister for Natural Resources and Mines

[2005] QLC 49

LAND COURT OF QUEENSLAND

CITATION:

Doyle  v Minister for Natural Resources and Mines  [2005] QLC 0049

PARTIES:

John, Jon and Sonya Doyle
(applicants)

v.

Minister for Natural Resources and Mines
(respondent)

FILE NO:

LA2005/0844

DIVISION:

Land Court of Queensland

PROCEEDING:

In the matter of an application for a stay of operation against the Chief Executive, Department of Natural Resources and Mines in respect of Tree Clearing Permit Nos 2003/003795, 2003/003796, 2003/003797, 2003/003798 and 2003/003799.

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 under s.425 of the Land Act 1994 for a stay of the original decision is adjourned.

2.         The parties will bear their own costs.

CATCHWORDS:

Practice and Procedure - Application for say of original decision - Internal review of conditions of tree clearing permits - No internal review decision - Land Act 1994 s.425

SUBMISSIONS BY:

Mr P Sheridan for the applicants
Mr M Heather for the respondent

1. This is an application by landowners in the Charleville district against the conditions attaching to tree clearing permits granted by the Chief Executive, Department of Natural Resources and Mines.

Background

1. On 17 October 2003, the Chief Executive granted five tree clearing permits to the applicants with conditions.  On 19 November 2003, the applicants sought an internal review 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 can be brought before the Land Court.

Relief Sought

1. The applicants seek a stay of the original decision until the review and appeal process is finalised. 

2. The application for stay of the original decision was set down for hearing on 15 September 2005.  However, on 14 September 2005 the parties agreed to consent orders being issued adjoining the present applications.

Orders

1.The application under s.425 of the Land Act 1994 for a stay of the original decision is adjourned.

2.The parties will bear their own costs.

JJ TRICKETT

PRESIDENT OF THE LAND COURT