(1) The Minister is responsible for achieving the objects of this Act.(2) The Minister may establish advisory committees to give information and make recommendations with respect to:(a) the development and revision of guidelines for land management, and(b) such other matters as may be referred to them by the Minister.
13 Constitution of the Ministerial Corporation
(1) There is constituted by this Act a corporation with the corporate name of Lands Administration Ministerial Corporation.(2) The affairs of the Ministerial Corporation shall be managed by the Minister.(3) Any act, matter or thing done in the name of, or on behalf of, the Ministerial Corporation by the Minister, or with the authority of the Minister, shall be taken to have been done by the Ministerial Corporation.(4) The Ministerial Corporation is, for the purposes of any Act, a statutory body representing the Crown.(5) Section 50 (1) (d) of the Interpretation Act 1987 (which authorises certain dealings with property) does not apply to the Ministerial Corporation.
14 Seal etc of the Ministerial Corporation
The regulations may make provisions for or with respect to:(a) the custody and use of the seal of the Ministerial Corporation, and(b) the keeping of records concerning the acts, decisions and proceedings of the Ministerial Corporation.
15 Functions of the Ministerial Corporation
(1) The Ministerial Corporation has the functions conferred or imposed on it by or under this or any other Act.(2) The Ministerial Corporation may:(a) enter into a contract, agreement or joint venture with any person, corporation or statutory body for the development of, or the construction or undertaking of works on, Crown land or the provision of services for Crown land,(b) enter into a contract or agreement with any person, corporation or statutory body for the person, corporation or body to act as agent for the sale or lease of Crown land,(c) enter into a contract, agreement or joint venture with any person, corporation or statutory body for the provision of services or information:(i) to the person, corporation or body, or(ii) to the Minister or the Department, and(d) for the attainment of the objects of this Act or the exercise of functions under this Act:(i) purchase, take on lease or licence, charter or otherwise acquire any vehicle, aircraft, vessel, plant, machinery or other thing, or(ii) adapt or manufacture any machinery or equipment.(3) For the purpose of securing a loan for:(a) the development of Crown land,(b) the construction or undertaking of works on Crown land, or(c) the provision of services for Crown land,the Ministerial Corporation shall be taken to be the owner of the land.
16 Staff of the Ministerial Corporation
The Ministerial Corporation may:(a) use the services of any staff or facilities of the Department, or(b) arrange for the use of the services of any staff or facilities of any other government department or of an administrative office or public authority.
The financial year of the Ministerial Corporation is the year commencing on 1 July.
(1) The Minister may enter into an arrangement with another Minister, or with an authority constituted by or under an Act, for the exercise by the Minister or by his or her delegate, as agent of that other Minister or the authority, of a function of that other Minister or the authority.(2) The Ministerial Corporation may, itself or by its delegate, act as agent of a Minister administering an Act, or as agent of an authority constituted by or under an Act, in the exercise of a function of that Minister or authority.(3) A document executed by:(a) the Minister, or a delegate of the Minister, as agent, or(b) the Ministerial Corporation, or its delegate, as agent,has effect as if it had been executed by the principal.(4) If the Minister notifies in the Gazette that the provisions of Division 5 of Part 7 (protection of public land) apply to any land administered by the Minister or the Ministerial Corporation as agent, those provisions apply in the same way as they apply to public land.
19 Appointment of Chairpersons and Senior Chairperson
(1) The Governor may appoint Chairpersons of Local Land Boards.(2) A Chairperson, other than a Chairperson appointed under subsection (3), shall be appointed under and subject to the Public Sector Management Act 1988.(3) Without affecting the generality of subsection (1), the Governor may, if the holder of any office prescribed for the purposes of this subsection is entitled to hold that office and the office of Chairperson of Local Land Boards, appoint the holder of the prescribed office as a Chairperson of Local Land Boards.(4) The Minister shall, if there are 2 or more Chairpersons, appoint one of those persons as Senior Chairperson of Local Land Boards.(5) If the Minister is satisfied that the Chairperson of a local land board:(a) will be absent at a time when the board is to sit, or(b) for any reason, will be unable to act, or should not act, at a particular sitting of the board,the Minister may appoint a person to act as Chairperson at the sitting.
20 Constitution of local land boards
(1) There shall be a local land board for every land district.(2) A local land board shall consist of:(a) one member, being a Chairperson of Local Land Boards appointed under section 19, who shall be Chairperson of the board, and(b) 2 members appointed by the Minister.(3) A person may be a member of one or more local land boards.(4) Schedule 1 has effect with respect to the members (other than the Chairperson) and the appointment of those members.
(1) If there are 2 or more Chairpersons, the Senior Chairperson is responsible for assigning, and may assign, to a particular Chairperson (including himself or herself) the function of chairing a particular local land board sitting.(2) If a member of a local land board is unable to sit, a member of another local land board may sit in the member’s place by arrangement with the Senior Chairperson (or the Chairperson if there is no Senior Chairperson) and, under such an arrangement, has the functions of the absent member.(3) A local land board may:(a) subject to any direction of the Minister, hold its sittings inside or outside the land district for which it was constituted, and(b) at the request of the Minister, deal with matters arising outside the land district for which it was constituted.
22 Jurisdiction of local land boards
(1) The Minister may refer:(a) any matter arising out of the administration of this Act, or of any other Act dealing with the administration of Crown land, or(b) any other prescribed matter,to a local land board or a Chairperson sitting alone for inquiry and report.(2) A local land board or Chairperson has power to hear and determine all references, appeals and other matters coming before the board or Chairperson under this or any other Act.(3) If a matter is referred to a Chairperson sitting alone, the Chairperson has all the powers of a local land board for the purpose of dealing with the matter (but may deal with the matter not sitting in open court).
23 Minister may return decisions for further consideration
(1) If no appeal or reference has been made to the Land and Environment Court in respect of a decision made by a local land board or Chairperson and the Minister is of the opinion that further consideration of the decision is necessary or advisable, the Minister may return it for that purpose.(2) The local land board or Chairperson may, with or without taking further evidence, uphold, reverse, alter or amend the previous decision.(3) The Minister shall not return a decision more than once.
24 Powers and procedures of local land boards
Schedule 2 has effect with respect to the powers and procedures of local land boards.
24A Protection from personal liability
(1) Any matter or thing done or omitted to be done by a person who is a Chairperson or member of a local land board does not, if the matter or thing was done or omitted in good faith for the purpose of exercising a function under this or any other Act, make the person personally liable to any action, claim or demand in respect of that matter or thing.(2) However, any such liability attaches instead to the Crown.
Division 3 Appeals and references to the Land and Environment Court
(1) In this Division:decision includes adjudication, determination, award, report and recommendation.
(2) This Division does not apply to a decision made in respect of a matter referred by the Minister to a local land board or a Chairperson for inquiry and report under section 22 (1).
26 Appeals to Court against local land board decisions
(1) Any party to proceedings before a local land board may appeal to the Land and Environment Court against the decision of the board.(2) An appeal shall be made within 28 days after the decision appealed against has been made or within such further time as the Court may either generally or in any particular case allow.(3), (4) (Repealed)(5) This section is to be read subject to the provisions of any other Act relating to appeals against decisions of local land boards (other than the provisions of the Land and Environment Court Act 1979).
27 Reference of matters to the Court by a local land board
(1) A local land board, instead of giving a decision in a case, may, after taking evidence, refer the case and the evidence for decision by the Land and Environment Court.(2) The Court has power to deal with the case in all respects as if it had been brought before it in the first instance.
28 Reference of matters to the Court by the Minister
(1) The Minister may refer to the Land and Environment Court any decision of a local land board if it appears that:(a) the rights, interests or revenues of the Crown may have been or may be injuriously affected,(b) the board has failed or neglected duly to discharge a duty according to law,(c) the board has exceeded a power, or(d) a rehearing or further consideration is warranted.(2) If it appears that the Crown should appeal against a decision of a local land board, the Minister may, within 28 days after the decision has been made or within such further period as the Court may allow, refer the decision to the Court instead of lodging an appeal.(3) A reference shall be made by giving notice in writing of the reference to the registrar of the Court.(4) The Court shall deal with a reference as if it were an appeal by the Crown, and the rights and liabilities of the Crown in respect of the reference are the same as they would be if the reference were an appeal by the Crown.(5) This section shall not be construed so as to affect any other remedy which the Crown or any person has in relation to a decision of a local land board.
The Land and Environment Court has power to:(a) hear and determine all appeals made to it under this Act or the Crown Lands (Continued Tenures) Act 1989 and any matters referred to it by the Minister or by a local land board, and(b) make any order or decision which the nature of the case may require.