Northern Territory Numbered Acts

NORTHERN TERRITORY CIVIL AND ADMINISTRATIVE TRIBUNAL (CONFERRAL OF JURISDICTION AMENDMENTS) (NO. 2) ACT 2014 (NO 35 OF 2014) - SECT 88

Part 10

repeal, insert

Part 10     Applications to Tribunal and other matters

114     Application for review of reviewable decision

    (1)     A person may apply to the Tribunal for a review of a reviewable decision.

    (2)     A reviewable decision is a decision made by the Minister mentioned in Schedule 2.

115     Recommendation of Tribunal and subsequent decision

    (1)     Within 2 months after conducting a proceeding relating to a review of a reviewable decision, the Tribunal must:

    (a)     make a recommendation about the decision; and

    (b)     give the parties to the proceeding a written notice of the Tribunal's recommendation and the reasons for making it.

    (2)     After considering the recommendation and reasons for making it, the Minister must decide to:

    (a)     reverse or vary the reviewable decision; or

    (b)     confirm the reviewable decision.

    (3)     In making the decision under subregulation (2), the Minister is not required to follow the recommendation.

    (4)     Within 28 days after receiving the recommendation, the Minister must give the applicant for the review a notice of the decision under subregulation (2) and the reasons for the decision.

116     General applications

    (1)     A person may apply to the Tribunal for a decision about a dispute relating to preliminary exploration, a mineral title, a title area, a proposed title area or fossicking.

    (2)     Without limiting subregulation (1), the dispute may relate to any of the following:

    (a)     the area, dimensions and boundaries of land being surveyed for a proposed title area or title area;

    (b)     the entry onto land to conduct preliminary exploration or fossicking, to conduct authorised activities under a mineral title or to construct, maintain and use infrastructure under an access authority;

    (c)     the use of a landowner's water by a person who is conducting preliminary exploration or fossicking or by the holder of a mineral title;

    (d)     the entry onto a title area by a person other than the holder of the title;

    (e)     contractual obligations relating to mineral titles;

    (f)     mineral rights interests.

    (3)     This regulation does not apply in relation to an application mentioned in section 161(1) or (2) of the Act.