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
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
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
The applicants seek a stay of the original decision until the review and appeal process is finalised.
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
- AGLC
- Doyle v Minister for Natural Resources and Mines [2005] QLC 49
- Case
- [2005] QLC 49
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether it had the authority to grant the applicant's request for a stay of the original decision when there had been no internal review of the decision. This issue hinged on the interpretation and application of section 425 of the Land Act 1994, which outlines the procedure for internal review and subsequent judicial review of administrative decisions.
The court considered the statutory framework provided by the Land Act 1994 and determined that it did not have the jurisdiction to grant the applicant's application for a stay of the original decision in the absence of an internal review. The court held that the statutory mechanism for judicial review of administrative decisions required an internal review to have been conducted before a stay could be granted. Consequently, the court adjourned the application and ordered that the parties bear their own costs.
Orders
Orders of the court
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.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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