Mining Act 1992

A person may, in accordance with the 1985 Arrangements, appeal to the Land and Environment Court against—

any determination or refusal of a claim following a decision made by the Board before the commencement of this Part, or

any determination or refusal of a claim following a decision made by the Director-General on or after the commencement of this Part.

The provisions of the 1985 Arrangements apply to the determination of such an appeal as if—

references in those provisions to the Tribunal were references to the Land and Environment Court, and

references in those provisions to the Board, in relation to any decision referred to in subclause (1) (b), were references to the Director-General.

In particular—

the fee for filing a process to commence such an appeal is the fee prescribed by the 1985 Arrangements, and not the fee prescribed under the Land and Environment Court Act 1979, and

the costs incurred by a party in respect of such an appeal are to be borne by that party, as provided by clause 12 of Schedule 3 to the 1985 Arrangements, and may not be the subject of any order by the Land and Environment Court.

Proceedings on such an appeal are taken to be proceedings in Class 3 of the Land and Environment Court’s jurisdiction.

Rules may be made under the Land and Environment Court Act 1979 in relation to such an appeal.