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s 33

Refusal to amend statement of reasons (obstacles)

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Part 4Identification of practical obstacles

33 Refusal to amend statement of reasons (obstacles)

(1)

If the Minister refuses to amend the statement of reasons (obstacles) in the way mentioned in section 32—

(a)

the notice to the relevant person advising of the decision must include the Minister’s reasons for the decision to refuse; and

(b)

the relevant person may appeal to the Land Court against the decision; and

(c)

the relevant person must, in starting the appeal, give the Land Court a copy of the Minister’s reasons; and

(d)

the Minister must advise the reference entity for the lease entitlement the subject of the application of the starting of the appeal and give the reference entity a copy of the reasons mentioned in paragraph (a).

(2)

The appeal must be started within 28 days after the relevant person is given advice of the decision.

(3)

In deciding the appeal, the court may order the Minister to change the statement of reasons (obstacles) in the way the court considers appropriate.

(4)

If the court orders the Minister to change the statement of reasons (obstacles), the Minister must give a copy of the changed statement of reasons (obstacles) to—

(a)

the relevant person; and

(b)

the reference entity for the lease entitlement.

(5)

The parties to the appeal are—

(a)

the relevant person; and

(b)

the Minister; and

(c)

the reference entity for the lease entitlement.

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Section 33 — Refusal to amend statement of reasons (obstacles) — Aboriginal and Torres Strait Islander Land Holding Act 2013 (Queensland) — Barrister AI