Department of Justice
The Mining Division of the Magistrates Court of Tasmania is created by the Mineral Resources Development Act 1995 s.127, and is known as the Mining Tribunal. It exercises a state-wide jurisdiction. Magistrate C Webster has been assigned to this Division.
The Act places an obligation on the Director of Mines to attempt to resolve disputes before there is a formal hearing before the Tribunal. In effect this usually consists of an informal meeting between the parties arranged by the Registrar of Mines.
These mediation provisions have been successful in resolving matters referred to the Tribunal for determination.
The Registrar of the Tribunal who is located in the Department of State Growth.
Pursuant to s.128 of the Mineral Resources Development Act 1995, the Mining Tribunal has jurisdiction to hear and determine proceedings relating to any of the following matters:
(a) the area, dimension or boundary of land which is subject to a mineral tenement;
(b) the right to the possession or occupation of land under a licence or lease;
(c) the right to the use and enjoyment of water for exploring or mining;
(d) trespass or encroachment on, or injury to, land which is subject to a mineral tenement;
(e) any demand for debt or damages arising out of prospecting, exploring or mining;
(f) any demand for specific performance of any contract relating to a mineral tenement or mining;
(g) the right to any mineral in, or to be recovered from, any land which is subject to mineral tenement and the rights under, or arising out of, any contract relating to any such mineral;
(h) any transfer or disposition of, or charge on, a mineral tenement;
(i) any matter concerning -
(i) any partnership or joint venture relating to a mineral tenement, prospecting, exploring or mining; or
(ii) the existence, formation and dissolution of that partnership or joint venture; or
(iii) the taking of accounts in connection with that partnership or joint venture; or
(iv) the contributions of the partners as between themselves; or
(v) the determination of questions arising between the partners;
(j) contributions by or between persons holding joint or several interests in a mineral tenement towards rent or other expenses in relation to a mineral tenement;
(k) trespass or encroachment on land as a result of prospecting, exploring or mining;
(l) trespass or encroachment on, injury to or any matter affecting roads, railways or other property constructed, held or occupied under this Act;
(m) the working or management of land which is subject to a mineral tenement;
(n) all rights claimed in, under or in relation to a mineral tenement or purported mineral tenement;
(o) any interest in, or affecting, a mineral tenement;
(p) the unauthorised removal of any mineral from land which is subject to a mineral tenement;
(q) the refusal of the holder of an exploration licence to give consent to the holder of a prospecting licence to prospect on land which is subject to the exploration licence;
(r) the infringement of, or interference with, any right under this Act;
(s) the amount of compensation payable for loss or damage caused to land;
(t) any dispute relating to a mineral tenement or former mineral tenement between the holder of the mineral tenement and the owner or occupier of land;
(u) any dispute relating to a mineral tenement or former mineral tenement in respect of private land;
(v) any appeals and objections under this Act.