Reference to Land Court before making preference decision
318BC Reference to Land Court before making preference decision
Before making the preference decision—
the chief executive must refer the application to the Land Court for it to make recommendations to the Minister about what the preference decision should be; and
the Minister must consider the recommendations.
The referral must be made by filing a notice in the approved form with the registrar of the Land Court.
The referral starts a proceeding before the Land Court for it to make the recommendations.
The parties to the proceeding are the applicant and the authority to prospect holder.
In making the recommendations—
the CSG assessment criteria must be considered; and
section 318BD applies as if a reference in the section—
to the Minister were a reference to the Land Court; and
to petroleum development preference were a reference to recommending petroleum development preference.
The recommendations may also include recommendations about the conditions and term of the mining lease.
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