Additional resources for District Court and Land Court

The Queensland Government has announced its plan to provide additional resources for the busy District Court and Land Court.

Attorney-General Kerry Shine said State Cabinet had approved amendments to legislation to amalgamate the Land and Resources Tribunal into the Land Court.

"As Attorney-General, I am determined to improve access to our courts, and therefore access to justice, for all Queenslanders. To that end, I have worked to ensure our courts have sufficient resources," Mr Shine said.

"Since my appointment in November last year an additional position in the Court of Appeal, an additional position in the District Court and two additional positions in the Magistrates Court have been created. I have proposal before Parliament to run a pilot of four judicial registrars in the busy Magistrates Court."

Mr Shine said the proposal to amalgamate the Tribunal to the Land Court would allow for a second additional position created on the bench of the District Court this financial year. Another additional District Court position was created last month.

"The District Court has a wide civil and criminal jurisdiction and hears most appeals from the Magistrates Court. It also attends 36 circuit centres, in addition to the places which have a permanent judge. I was concerned that the District Court needed additional resources," Mr Shine said.

"At the same time the District Court has had concerns about its capacity to meet its workload, the members of the Land and Resources Tribunal have indicated consistently that it has extra capacity."

"I was concerned that additional resources should be made available to the courts where possible."

Mr Shine said the Government had previously extended the jurisdiction of the Tribunal, ensured Tribunal members were appointed part-time members of the Land Court, and appointed former Tribunal member - Judge Fleur Kingham – to the District Court last year.

Mr Shine said the Land Court and the Land and Resources Tribunal have been co-located for a number of years and share a combined registry.

"Over time, as the exploration for coal has occurred over pastoral interests, the work of the Land and Resources Tribunal and the Land Court has come closer together," Mr Shine said.

"The Land Court will alter in some ways as a consequence of the changes."

"Importantly, the Land Court will have more than sufficient resources and personnel with relevant expertise to dispose of mining matters expeditiously to support Queensland’s booming mining sector." 

"Knowledge of mining or petroleum issues will be added as a criterion for appointment to the Land Court."

"In order to ensure that the interests of the indigenous community are properly taken into account, a new Cultural Heritage and Indigenous Land Use Agreement Division will be established, with provision for the appointment of indigenous assessors. Knowledge of indigenous issues will be added as a criterion of appointment to the Land Court."

"It is anticipated that there will be a significant role for a judicial registrar with mining expertise to provide relevant and prompt decisions."

Mr Shine said the Tribunal would be kept until 31 December 2011 to deal with existing mining tenement applications or certain matters under the Native Title Act 1993 (Commonwealth) to which Alternative State Provisions apply.

"The Government is determined to ensure the validity of those rights and interests, and the Tribunal will remain in existence in order to fulfil functions as necessary. Members of the Land Court will be able to sit as members of the tribunal for this purpose," he said.

Members of the Tribunal will be offered alternative positions.

7 August 2007
Media contact: Kirby Anderson 32396400 or 0418 197 350
kirby.anderson@ministerial.qld.gov.au