Mineral Resources Development Act 1995

The practice and procedure of the Mining Tribunal is to be in accordance with the rules of court applicable to the Magistrates Court (Civil Division).

The Mining Tribunal is to hear and determine proceedings relating to an appeal under this Act – by taking into account only the evidence and documents the Minister relied on when he or she made the decision under the Act to which the proceedings relate; or by way of a new hearing if both parties to the appeal agree.

The Mining Tribunal – is not bound by the rules of evidence; and must observe the principles of natural justice.

Any evidence is to be taken on oath or affirmation and recorded.

A party to any proceedings may appear before the Mining Tribunal – in person; or by representation by an Australian legal practitioner if– the other parties agree; or the Mining Tribunal grants leave.

Proceedings are not invalid by reason only of – any inaccurate description of a person or place in any document; or any defect or error in any document.