MacKenzie v Minister for Natural Resources and Mines

[2005] QLC 47

LAND COURT OF QUEENSLAND

CITATION:

MacKenzie v Minister for Natural Resources and Mines  [2005] QLC 0047

PARTIES:

David James MacKenzie
(applicant)

v.

Minister for Natural Resources and Mines
(respondent)

FILE NO:

LA2005/0029

DIVISION:

Land Court of Queensland

PROCEEDING:

In the matter of an appeal under Section 428 of the Land act 1994 in relation to the decision of the Chief Executive, Department of Natural Resources and Mines to refuse a tree clearing application over Lot 1884 on PH 204, parish of Khyber being PPH 10/1884.

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 appeal is discontinued.

2.      The parties are to bear their own costs.

CATCHWORDS:

Practice and Procedure - Appeal against refusal of application for tree clearing permit - Requirements for valid appeal - Discontinuance - Land Act 1994

SUBMISSIONS BY:

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

1. On 4 April 2005, Mr DJ MacKenzie appealed against a refusal of an application to clear vegetation on Lot 1884, Plan PH204, in the local government area of Murweh. The right of appeal is provided for in s.263 of the Land Act 1994.

2. However, s.422 of that Act provides:

   "Every appeal against a decision (an 'original decision') under this Act must be, in the first instance, by way of an application for internal review.  It is only on completion of that internal review process that an appellant may appeal to the Land Court against the 'review decision':  s.426."

3. The legal representative of the respondent raised the point that the appeal was incompetent as no internal review decision had been given to the appellant before his Notice of Appeal was filed in the Land Court.

4. This matter was set down for hearing of this initial question at Roma on 4 October 2005.  However, following further developments in this matter the appeal was discontinued by consent.

Order

1.The appeal is discontinued by consent of the parties.

2.  The parties are to bear their own costs.

JJ TRICKETT
PRESIDENT OF THE LAND COURT