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Part of Surface rights

Surface rights – Proceeding types

Services and processes for resolving and deciding surface rights disputes.

Introduction

Many issues relating to surface rights are resolved between the operator and the landowners (or occupants) without any need to contact the Land and Property Rights Tribunal.

When the Tribunal becomes involved, very often the issue resolves through guided discussion between the parties without a hearing. In some cases a hearing is required to resolve a dispute. This section describes the proceedings used by the Tribunal.

In focus

Parties involved in applications or matters at the Tribunal can request mediation to attempt to resolve disputes before a hearing.

A hearing may be conducted by written submissions.

A meeting prior to a merit hearing where parties clarify or resolve preliminary issues such as setting hearing dates, or deadlines to exchange evidence.

A panel of up to 3 tribunal members may hold a hearing to resolve disputes. Oral hearing can be held in-person, by video or telephone.