{"id":"qld:act-2017-034","name":"Land Access Ombudsman Act 2017","slug":"land-access-ombudsman-act-2017","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"34 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29628,"registerId":"qld-act-2017-034-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Land Access Ombudsman Act 2017 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThe following provisions commence on 28 September 2017—\npart 8 , divisions 2 , 5 and 6 ;\npart 8 , division 4 , other than section 75 .\nThe remaining provisions of this Act commence on a day to be fixed by proclamation.\n(sec.2-ssec.1) The following provisions commence on 28 September 2017— part 8 , divisions 2 , 5 and 6 ; part 8 , division 4 , other than section 75 .\n(sec.2-ssec.2) The remaining provisions of this Act commence on a day to be fixed by proclamation.\n- (a) part 8 , divisions 2 , 5 and 6 ;\n- (b) part 8 , division 4 , other than section 75 .","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Purpose of Act","content":"### sec.3 Purpose of Act\n\nThe purpose of this Act is to provide for a way to facilitate the timely resolution of disputes between parties to conduct and compensation agreements and parties to make good agreements.\ns 3 amd 2024 No. 33 s 40 (uncommenced amendment)","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"How purpose is achieved","content":"### sec.4 How purpose is achieved\n\nThe purpose is to be achieved mainly by—\nproviding for the appointment of a land access ombudsman; and\nestablishing the Office of the Land Access Ombudsman; and\nauthorising the land access ombudsman to investigate, and facilitate the timely resolution of, disputes about conduct and compensation agreements and make good agreements.\ns 4 amd 2024 No. 33 s 41 (uncommenced amendment)\n- (a) providing for the appointment of a land access ombudsman; and\n- (b) establishing the Office of the Land Access Ombudsman; and\n- (c) authorising the land access ombudsman to investigate, and facilitate the timely resolution of, disputes about conduct and compensation agreements and make good agreements.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Act binds all persons","content":"### sec.5 Act binds all persons\n\nThis Act binds all persons, including the State.\nNothing in this Act makes the State liable to be prosecuted for an offence.\n(sec.5-ssec.1) This Act binds all persons, including the State.\n(sec.5-ssec.2) Nothing in this Act makes the State liable to be prosecuted for an offence.","sortOrder":6},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Definitions","content":"### sec.6 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"What is a land access dispute","content":"### sec.7 What is a land access dispute\n\nA land access dispute is—\na dispute about an alleged breach of a conduct and compensation agreement between—\nthe resource authority holder and the owner or occupier of private land who entered into the agreement; or\nthe successors and assigns of a party to the agreement mentioned in subparagraph (i) that are bound by the agreement under the Mineral and Energy Resources (Common Provisions) Act 2014 , chapter 3 , part 7 , division 5 ; or\na dispute about an alleged breach of a make good agreement between—\nthe resource tenure holder and the bore owner who entered into the agreement; or\nthe successors and assigns of a party to the agreement mentioned in subparagraph (i) that are bound by the agreement under the Water Act 2000 , section 422 , 437 or 437A .\ns 7 amd 2019 No. 17 s 205\namd 2024 No. 33 s 42 (uncommenced amendment)\n- (a) a dispute about an alleged breach of a conduct and compensation agreement between— (i) the resource authority holder and the owner or occupier of private land who entered into the agreement; or (ii) the successors and assigns of a party to the agreement mentioned in subparagraph (i) that are bound by the agreement under the Mineral and Energy Resources (Common Provisions) Act 2014 , chapter 3 , part 7 , division 5 ; or\n- (i) the resource authority holder and the owner or occupier of private land who entered into the agreement; or\n- (ii) the successors and assigns of a party to the agreement mentioned in subparagraph (i) that are bound by the agreement under the Mineral and Energy Resources (Common Provisions) Act 2014 , chapter 3 , part 7 , division 5 ; or\n- (b) a dispute about an alleged breach of a make good agreement between— (i) the resource tenure holder and the bore owner who entered into the agreement; or (ii) the successors and assigns of a party to the agreement mentioned in subparagraph (i) that are bound by the agreement under the Water Act 2000 , section 422 , 437 or 437A .\n- (i) the resource tenure holder and the bore owner who entered into the agreement; or\n- (ii) the successors and assigns of a party to the agreement mentioned in subparagraph (i) that are bound by the agreement under the Water Act 2000 , section 422 , 437 or 437A .\n- (i) the resource authority holder and the owner or occupier of private land who entered into the agreement; or\n- (ii) the successors and assigns of a party to the agreement mentioned in subparagraph (i) that are bound by the agreement under the Mineral and Energy Resources (Common Provisions) Act 2014 , chapter 3 , part 7 , division 5 ; or\n- (i) the resource tenure holder and the bore owner who entered into the agreement; or\n- (ii) the successors and assigns of a party to the agreement mentioned in subparagraph (i) that are bound by the agreement under the Water Act 2000 , section 422 , 437 or 437A .","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"What is a land access dispute referral","content":"### sec.8 What is a land access dispute referral\n\nA land access dispute referral is a referral, under part 3 , division 1 , of a land access dispute to the land access ombudsman.","sortOrder":10},{"sectionNumber":"pt.2","sectionType":"part","heading":"Land access ombudsman and office of the land access ombudsman","content":"# Land access ombudsman and office of the land access ombudsman","sortOrder":11},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Land access ombudsman","content":"## Land access ombudsman","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Land access ombudsman","content":"### sec.9 Land access ombudsman\n\nThere is to be a land access ombudsman.\nThe land access ombudsman is appointed by the Governor in Council.\n(sec.9-ssec.1) There is to be a land access ombudsman.\n(sec.9-ssec.2) The land access ombudsman is appointed by the Governor in Council.","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Disqualification from appointment","content":"### sec.10 Disqualification from appointment\n\nA person is disqualified from becoming the land access ombudsman if the person—\nhas a conviction for an indictable offence; or\nis an insolvent under administration; or\nis guilty of misconduct of a type that could warrant dismissal from the public service if the ombudsman were an officer of the public service.\ns 10 amd 2023 No. 23 s 247 sch 1 s 26 (2)\n- (a) has a conviction for an indictable offence; or\n- (b) is an insolvent under administration; or\n- (c) is guilty of misconduct of a type that could warrant dismissal from the public service if the ombudsman were an officer of the public service.","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Term of appointment","content":"### sec.11 Term of appointment\n\nThe land access ombudsman holds office for the term stated in the person’s appointment as land access ombudsman.\nThe stated term must not be more than 3 years.\nThe land access ombudsman may be reappointed.\nHowever, a person must not be reappointed if the total of the person’s term of appointment would be more than 10 years.\n(sec.11-ssec.1) The land access ombudsman holds office for the term stated in the person’s appointment as land access ombudsman.\n(sec.11-ssec.2) The stated term must not be more than 3 years.\n(sec.11-ssec.3) The land access ombudsman may be reappointed.\n(sec.11-ssec.4) However, a person must not be reappointed if the total of the person’s term of appointment would be more than 10 years.","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Conditions of appointment","content":"### sec.12 Conditions of appointment\n\nThe land access ombudsman is to be paid the remuneration and allowances decided by the Governor in Council.\nThe remuneration must not be reduced during the land access ombudsman’s term of office without the ombudsman’s written consent.\nThe land access ombudsman is appointed under this Act and not the Public Sector Act 2022 .\nThe land access ombudsman is entitled to the leave of absence decided by the Governor in Council.\ns 12 amd 2022 No. 34 s 365 sch 3\n(sec.12-ssec.1) The land access ombudsman is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.12-ssec.2) The remuneration must not be reduced during the land access ombudsman’s term of office without the ombudsman’s written consent.\n(sec.12-ssec.3) The land access ombudsman is appointed under this Act and not the Public Sector Act 2022 .\n(sec.12-ssec.4) The land access ombudsman is entitled to the leave of absence decided by the Governor in Council.","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Restriction on outside employment","content":"### sec.13 Restriction on outside employment\n\nThe land access ombudsman must not, without the Minister’s approval in each particular case—\nhold any office of profit other than that of land access ombudsman; or\nengage in any remunerative employment or undertaking outside the duties of that office.\n- (a) hold any office of profit other than that of land access ombudsman; or\n- (b) engage in any remunerative employment or undertaking outside the duties of that office.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Termination of appointment","content":"### sec.14 Termination of appointment\n\nThe Governor in Council may terminate the appointment of the land access ombudsman if—\nthe ombudsman contravenes section 13 ; or\nthe ombudsman can not perform the functions of the ombudsman because of physical or mental incapacity.\nThe Acts Interpretation Act 1954 , section 25 (1) (b) (i) to (iii) does not apply for the land access ombudsman.\n(sec.14-ssec.1) The Governor in Council may terminate the appointment of the land access ombudsman if— the ombudsman contravenes section 13 ; or the ombudsman can not perform the functions of the ombudsman because of physical or mental incapacity.\n(sec.14-ssec.2) The Acts Interpretation Act 1954 , section 25 (1) (b) (i) to (iii) does not apply for the land access ombudsman.\n- (a) the ombudsman contravenes section 13 ; or\n- (b) the ombudsman can not perform the functions of the ombudsman because of physical or mental incapacity.","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Vacancy of office","content":"### sec.15 Vacancy of office\n\nThe office of land access ombudsman becomes vacant if—\nthe land access ombudsman—\ncompletes a term of office; or\nwould be disqualified from becoming the land access ombudsman under section 10 ; or\nresigns by notice given to the Minister; or\nthe land access ombudsman’s appointment is terminated under section 14 (1) .\ns 15 amd 2023 No. 23 s 247 sch 1 s 26 (3)\n- (a) the land access ombudsman— (i) completes a term of office; or (ii) would be disqualified from becoming the land access ombudsman under section 10 ; or (iii) resigns by notice given to the Minister; or\n- (i) completes a term of office; or\n- (ii) would be disqualified from becoming the land access ombudsman under section 10 ; or\n- (iii) resigns by notice given to the Minister; or\n- (b) the land access ombudsman’s appointment is terminated under section 14 (1) .\n- (i) completes a term of office; or\n- (ii) would be disqualified from becoming the land access ombudsman under section 10 ; or\n- (iii) resigns by notice given to the Minister; or","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Functions","content":"### sec.16 Functions\n\nThe land access ombudsman has the following functions—\nto investigate, and facilitate the timely resolution of, land access disputes;\nto refer or recommend to departments the investigation of—\npossible offences under section 53 , 54 or 55 ; or\npossible breaches, relating to access to land, of resource authorities;\nto identify, and advise government entities about, systemic issues arising from land access disputes;\nto promote public awareness of the ombudsman’s functions under paragraphs (a) to (c) ;\nother functions conferred on the ombudsman under this Act or another Act.\ns 16 amd 2024 No. 33 s 43 (uncommenced amendment)\n- (a) to investigate, and facilitate the timely resolution of, land access disputes;\n- (b) to refer or recommend to departments the investigation of— (i) possible offences under section 53 , 54 or 55 ; or (ii) possible breaches, relating to access to land, of resource authorities;\n- (i) possible offences under section 53 , 54 or 55 ; or\n- (ii) possible breaches, relating to access to land, of resource authorities;\n- (c) to identify, and advise government entities about, systemic issues arising from land access disputes;\n- (d) to promote public awareness of the ombudsman’s functions under paragraphs (a) to (c) ;\n- (e) other functions conferred on the ombudsman under this Act or another Act.\n- (i) possible offences under section 53 , 54 or 55 ; or\n- (ii) possible breaches, relating to access to land, of resource authorities;","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Obligations in performing functions","content":"### sec.17 Obligations in performing functions\n\nThe land access ombudsman must, in performing the ombudsman’s functions, act independently and impartially.","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"What land access ombudsman can not deal with","content":"### sec.18 What land access ombudsman can not deal with\n\nThe land access ombudsman can not accept a land access dispute referral about any of the following matters—\na conduct and compensation agreement or make good agreement not yet entered into;\na conduct and compensation agreement while subject to a minimum negotiation period under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 87 ;\na make good agreement the subject of a cooling-off period under the Water Act 2000 , section 423A ;\nthe content of legislation or government policies;\na decision made by Cabinet, a Minister or a chief executive;\na matter that is or has been the subject of a proceeding or an arbitration;\na matter that is, or has been, the subject of an investigation by a department.\nAlso, the land access ombudsman can not investigate, or continue to investigate, a matter mentioned in subsection (1) .\nFor subsection (1) (g) , a matter is, or has been, the subject of an investigation by a department if the matter—\nis being, or was, investigated by the department to decide whether or not to take compliance action against a person under the Environmental Protection Act 1994 , a Resource Act or the Water Act 2000 , chapter 3 ; or\nis, or was, the subject of compliance action by the department under the Environmental Protection Act 1994 , a Resource Act or the Water Act 2000 , chapter 3 ; or\nis, or was, the subject of a decision by the department not to take compliance action under the Environmental Protection Act 1994 , a Resource Act or the Water Act 2000 , chapter 3 .\ns 18 amd 2024 No. 33 s 44 (uncommenced amendment)\n(sec.18-ssec.1) The land access ombudsman can not accept a land access dispute referral about any of the following matters— a conduct and compensation agreement or make good agreement not yet entered into; a conduct and compensation agreement while subject to a minimum negotiation period under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 87 ; a make good agreement the subject of a cooling-off period under the Water Act 2000 , section 423A ; the content of legislation or government policies; a decision made by Cabinet, a Minister or a chief executive; a matter that is or has been the subject of a proceeding or an arbitration; a matter that is, or has been, the subject of an investigation by a department.\n(sec.18-ssec.2) Also, the land access ombudsman can not investigate, or continue to investigate, a matter mentioned in subsection (1) .\n(sec.18-ssec.3) For subsection (1) (g) , a matter is, or has been, the subject of an investigation by a department if the matter— is being, or was, investigated by the department to decide whether or not to take compliance action against a person under the Environmental Protection Act 1994 , a Resource Act or the Water Act 2000 , chapter 3 ; or is, or was, the subject of compliance action by the department under the Environmental Protection Act 1994 , a Resource Act or the Water Act 2000 , chapter 3 ; or is, or was, the subject of a decision by the department not to take compliance action under the Environmental Protection Act 1994 , a Resource Act or the Water Act 2000 , chapter 3 .\n- (a) a conduct and compensation agreement or make good agreement not yet entered into;\n- (b) a conduct and compensation agreement while subject to a minimum negotiation period under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 87 ;\n- (c) a make good agreement the subject of a cooling-off period under the Water Act 2000 , section 423A ;\n- (d) the content of legislation or government policies;\n- (e) a decision made by Cabinet, a Minister or a chief executive;\n- (f) a matter that is or has been the subject of a proceeding or an arbitration;\n- (g) a matter that is, or has been, the subject of an investigation by a department.\n- (a) is being, or was, investigated by the department to decide whether or not to take compliance action against a person under the Environmental Protection Act 1994 , a Resource Act or the Water Act 2000 , chapter 3 ; or\n- (b) is, or was, the subject of compliance action by the department under the Environmental Protection Act 1994 , a Resource Act or the Water Act 2000 , chapter 3 ; or\n- (c) is, or was, the subject of a decision by the department not to take compliance action under the Environmental Protection Act 1994 , a Resource Act or the Water Act 2000 , chapter 3 .","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"General powers","content":"### sec.19 General powers\n\nThe land access ombudsman has power to do all things necessary or convenient to be done in performing the ombudsman’s functions.","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Land access ombudsman not subject to direction","content":"### sec.20 Land access ombudsman not subject to direction\n\nThe land access ombudsman is not subject to direction by anyone about—\nthe way the ombudsman performs the ombudsman’s functions; or\nthe priority given to investigations of land access dispute referrals; or\nan action taken under part 4 .\ns 20 amd 2024 No. 33 s 45 (uncommenced amendment)\n- (a) the way the ombudsman performs the ombudsman’s functions; or\n- (b) the priority given to investigations of land access dispute referrals; or\n- (c) an action taken under part 4 .","sortOrder":24},{"sectionNumber":"sec.21","sectionType":"section","heading":"Preservation of rights","content":"### sec.21 Preservation of rights\n\nThis section applies if an officer of the public service is appointed as the land access ombudsman.\nThe person keeps all rights accrued or accruing to the person as an officer of the public service as if service as the land access ombudsman were a continuation of service as a public service officer.\nAt the end of the person’s term of office or resignation as the land access ombudsman the person’s service as the land access ombudsman is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.\n(sec.21-ssec.1) This section applies if an officer of the public service is appointed as the land access ombudsman.\n(sec.21-ssec.2) The person keeps all rights accrued or accruing to the person as an officer of the public service as if service as the land access ombudsman were a continuation of service as a public service officer.\n(sec.21-ssec.3) At the end of the person’s term of office or resignation as the land access ombudsman the person’s service as the land access ombudsman is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.","sortOrder":25},{"sectionNumber":"sec.22","sectionType":"section","heading":"Acting land access ombudsman","content":"### sec.22 Acting land access ombudsman\n\nThe Minister may appoint a person to act as the land access ombudsman during—\nany vacancy, or all vacancies, in the office; or\nany period, or all periods, when the land access ombudsman is absent from duty, or can not, for another reason, perform the duties of the office.\nHowever, the person can not be appointed for more than 6 months in any 12 month period.\nThe acting land access ombudsman is appointed under this Act and not the Public Sector Act 2022 .\ns 22 amd 2022 No. 34 s 365 sch 3\n(sec.22-ssec.1) The Minister may appoint a person to act as the land access ombudsman during— any vacancy, or all vacancies, in the office; or any period, or all periods, when the land access ombudsman is absent from duty, or can not, for another reason, perform the duties of the office.\n(sec.22-ssec.2) However, the person can not be appointed for more than 6 months in any 12 month period.\n(sec.22-ssec.3) The acting land access ombudsman is appointed under this Act and not the Public Sector Act 2022 .\n- (a) any vacancy, or all vacancies, in the office; or\n- (b) any period, or all periods, when the land access ombudsman is absent from duty, or can not, for another reason, perform the duties of the office.","sortOrder":26},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Office of the Land Access Ombudsman","content":"## Office of the Land Access Ombudsman","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":"Office of the Land Access Ombudsman","content":"### sec.23 Office of the Land Access Ombudsman\n\nAn office called the Office of the Land Access Ombudsman is established.\nThe office’s function is to help the land access ombudsman perform the ombudsman’s functions.\nThe office consists of the land access ombudsman and the officers of the office.\n(sec.23-ssec.1) An office called the Office of the Land Access Ombudsman is established.\n(sec.23-ssec.2) The office’s function is to help the land access ombudsman perform the ombudsman’s functions.\n(sec.23-ssec.3) The office consists of the land access ombudsman and the officers of the office.","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"Control of office","content":"### sec.24 Control of office\n\nThe land access ombudsman controls the office.","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"Finances of office","content":"### sec.25 Finances of office\n\nThe office is part of the department for the Financial Accountability Act 2009 .\ns 25 sub 2024 No. 33 s 47 (uncommenced amendment)\n_____\npt 2 div 2 sdiv 2 hdg ins 2024 No. 33 s 48 (uncommenced amendment)\nss 25A–25B ins 2024 No. 33 s 48 (uncommenced amendment)\npt 2 div 2 sdiv 3 hdg ins 2024 No. 33 s 48 (uncommenced amendment)","sortOrder":30},{"sectionNumber":"sec.26","sectionType":"section","heading":"Officers","content":"### sec.26 Officers\n\nOfficers of the office are appointed under the Public Sector Act 2022 .\ns 26 amd 2022 No. 34 s 365 sch 3","sortOrder":31},{"sectionNumber":"sec.27","sectionType":"section","heading":"Issue of identity card","content":"### sec.27 Issue of identity card\n\nThe land access ombudsman must issue an identity card to each officer.\nThe identity card must—\ncontain a recent photo of the officer; and\ncontain a copy of the officer’s signature; and\nidentify the person as an officer under this Act; and\nstate an expiry date for the card.\n(sec.27-ssec.1) The land access ombudsman must issue an identity card to each officer.\n(sec.27-ssec.2) The identity card must— contain a recent photo of the officer; and contain a copy of the officer’s signature; and identify the person as an officer under this Act; and state an expiry date for the card.\n- (a) contain a recent photo of the officer; and\n- (b) contain a copy of the officer’s signature; and\n- (c) identify the person as an officer under this Act; and\n- (d) state an expiry date for the card.","sortOrder":32},{"sectionNumber":"sec.28","sectionType":"section","heading":"Production or display of identity card","content":"### sec.28 Production or display of identity card\n\nIn exercising a power in relation to another person in the other person’s presence, an officer must—\nproduce the officer’s identity card for the other person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the other person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the officer must produce the identity card for the other person’s inspection at the first reasonable opportunity.\n(sec.28-ssec.1) In exercising a power in relation to another person in the other person’s presence, an officer must— produce the officer’s identity card for the other person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the other person when exercising the power.\n(sec.28-ssec.2) However, if it is not practicable to comply with subsection (1) , the officer must produce the identity card for the other person’s inspection at the first reasonable opportunity.\n- (a) produce the officer’s identity card for the other person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the other person when exercising the power.","sortOrder":33},{"sectionNumber":"sec.29","sectionType":"section","heading":"Return of identity card","content":"### sec.29 Return of identity card\n\nIf the office of a person as an officer ends, the person must return the person’s identity card to the land access ombudsman within 21 days after the office ends unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.","sortOrder":34},{"sectionNumber":"sec.30","sectionType":"section","heading":"Officers not subject to outside direction","content":"### sec.30 Officers not subject to outside direction\n\nAn officer is not subject to direction by anyone, other than from within the office, about—\nthe way the land access ombudsman’s powers in relation to an investigation under this Act are to be exercised; or\nthe priority given to investigations.\ns 30 amd 2024 No. 33 s 49 (uncommenced amendment)\n- (a) the way the land access ombudsman’s powers in relation to an investigation under this Act are to be exercised; or\n- (b) the priority given to investigations.","sortOrder":35},{"sectionNumber":"sec.31","sectionType":"section","heading":"Alternative staffing arrangements","content":"### sec.31 Alternative staffing arrangements\n\nThe land access ombudsman may arrange with the chief executive of a government entity for the services of officers or employees, or the facilities, of the entity to be made available to the ombudsman.\nAn officer or employee whose services are made available under subsection (1) —\ncontinues to be an officer or employee of the entity; and\ncontinues to be employed or otherwise engaged by the entity on the same terms and conditions applying to the officer or employee before the services were made available; and\nis, for the period the services are made available and for the carrying out of the ombudsman’s functions, taken to be an officer of the office of the land access ombudsman.\n_____\npt 2 div 3 hdg ins 2024 No. 33 s 50 (uncommenced amendment)\npt 2 div 3 sdiv 1 (s 31A) ins 2024 No. 33 s 50 (uncommenced amendment)\npt 2 div 3 sdiv 2 (ss 31B–31C) ins 2024 No. 33 s 50 (uncommenced amendment)\npt 2 div 3 sdiv 3 (ss 31D–31G) ins 2024 No. 33 s 50 (uncommenced amendment)\npt 2 div 3 sdiv 4 (s 31H) ins 2024 No. 33 s 50 (uncommenced amendment)\npt 2A (ss 31I–31M) ins 2024 No. 33 s 50 (uncommenced amendment)\n(sec.31-ssec.1) The land access ombudsman may arrange with the chief executive of a government entity for the services of officers or employees, or the facilities, of the entity to be made available to the ombudsman.\n(sec.31-ssec.2) An officer or employee whose services are made available under subsection (1) — continues to be an officer or employee of the entity; and continues to be employed or otherwise engaged by the entity on the same terms and conditions applying to the officer or employee before the services were made available; and is, for the period the services are made available and for the carrying out of the ombudsman’s functions, taken to be an officer of the office of the land access ombudsman.\n- (a) continues to be an officer or employee of the entity; and\n- (b) continues to be employed or otherwise engaged by the entity on the same terms and conditions applying to the officer or employee before the services were made available; and\n- (c) is, for the period the services are made available and for the carrying out of the ombudsman’s functions, taken to be an officer of the office of the land access ombudsman.","sortOrder":36},{"sectionNumber":"pt.3","sectionType":"part","heading":"Referral and investigation of land access disputes","content":"# Referral and investigation of land access disputes","sortOrder":37},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Referral of land access disputes","content":"## Referral of land access disputes","sortOrder":38},{"sectionNumber":"sec.32","sectionType":"section","heading":"Land access dispute may be referred","content":"### sec.32 Land access dispute may be referred\n\nA party to a land access dispute may refer the dispute to the land access ombudsman.\nHowever, a party to a land access dispute may not refer the dispute unless the party has made a reasonable attempt to resolve the dispute with the other party to the dispute.\nA land access dispute may not be referred for a party by another person, unless the party is a person with impaired capacity.\nIn this section—\nimpaired capacity has the meaning under the Guardianship and Administration Act 2000 .\n(sec.32-ssec.1) A party to a land access dispute may refer the dispute to the land access ombudsman.\n(sec.32-ssec.2) However, a party to a land access dispute may not refer the dispute unless the party has made a reasonable attempt to resolve the dispute with the other party to the dispute.\n(sec.32-ssec.3) A land access dispute may not be referred for a party by another person, unless the party is a person with impaired capacity.\n(sec.32-ssec.4) In this section— impaired capacity has the meaning under the Guardianship and Administration Act 2000 .","sortOrder":39},{"sectionNumber":"sec.33","sectionType":"section","heading":"How land access dispute may be referred","content":"### sec.33 How land access dispute may be referred\n\nA land access dispute may be referred to the land access ombudsman orally or in the approved form.\nHowever, the land access ombudsman may refuse to investigate or continue to investigate a land access dispute referred orally until the referral is made in the approved form.\nThe land access ombudsman may assist a party to refer a land access dispute if the party asks for assistance.\n(sec.33-ssec.1) A land access dispute may be referred to the land access ombudsman orally or in the approved form.\n(sec.33-ssec.2) However, the land access ombudsman may refuse to investigate or continue to investigate a land access dispute referred orally until the referral is made in the approved form.\n(sec.33-ssec.3) The land access ombudsman may assist a party to refer a land access dispute if the party asks for assistance.","sortOrder":40},{"sectionNumber":"sec.34","sectionType":"section","heading":"Protection from liability for referring land access dispute","content":"### sec.34 Protection from liability for referring land access dispute\n\nThis section applies if—\na party refers a land access dispute to the land access ombudsman; and\nthe conduct and compensation agreement or make good agreement the subject of the dispute contains a condition about a dispute resolution process other than the process under this Act (a dispute resolution condition ).\nThe party does not incur any civil liability for breach of the dispute resolution condition for referring the land access dispute to the land access ombudsman.\ns 34 amd 2024 No. 33 s 51 (uncommenced amendment)\n(sec.34-ssec.1) This section applies if— a party refers a land access dispute to the land access ombudsman; and the conduct and compensation agreement or make good agreement the subject of the dispute contains a condition about a dispute resolution process other than the process under this Act (a dispute resolution condition ).\n(sec.34-ssec.2) The party does not incur any civil liability for breach of the dispute resolution condition for referring the land access dispute to the land access ombudsman.\n- (a) a party refers a land access dispute to the land access ombudsman; and\n- (b) the conduct and compensation agreement or make good agreement the subject of the dispute contains a condition about a dispute resolution process other than the process under this Act (a dispute resolution condition ).","sortOrder":41},{"sectionNumber":"sec.35","sectionType":"section","heading":"Preliminary inquiry","content":"### sec.35 Preliminary inquiry\n\nThe land access ombudsman may make reasonably necessary inquiries to decide whether a land access dispute referral should be accepted.\nThe parties to the land access dispute must give the land access ombudsman reasonable help in the conduct of the inquiries.\n(sec.35-ssec.1) The land access ombudsman may make reasonably necessary inquiries to decide whether a land access dispute referral should be accepted.\n(sec.35-ssec.2) The parties to the land access dispute must give the land access ombudsman reasonable help in the conduct of the inquiries.","sortOrder":42},{"sectionNumber":"sec.36","sectionType":"section","heading":"Acceptance or refusal of referral","content":"### sec.36 Acceptance or refusal of referral\n\nIf a party (the referring party ) refers a land access dispute to the land access ombudsman, the ombudsman may—\naccept the land access dispute referral; or\nrefuse to accept the land access dispute referral; or\ngive a direction under section 37 in relation to the land access dispute referral.\nThe land access ombudsman must refuse to accept the land access dispute referral if—\nthe referral is about a matter mentioned in section 18 (1) ; or\nthe ombudsman is satisfied—\nthe referring party has not complied with section 32 (2) ; or\nthe land access dispute referral is frivolous or vexatious or has not been made in good faith; or\nthe subject of the land access dispute is trivial; or\nin the circumstances, the investigation of the matter the subject of the land access dispute is unnecessary or unjustifiable; or\nthe referring party has not given the ombudsman reasonable help as required under section 35 (2) .\nFor subsection (2) (b) (i) , the land access ombudsman may be satisfied the referring party has complied with section 32 (2) regardless of whether the referring party has used, or attempted to use—\nfor a conduct and compensation agreement—the dispute resolution process, if any, in the agreement; or\nfor a make good agreement—\nthe dispute resolution process, if any, in the agreement; or\nthe process under the Water Act 2000 , chapter 3 , part 5 , division 4 .\ns 36 amd 2024 No. 33 s 52 (uncommenced amendment)\n(sec.36-ssec.1) If a party (the referring party ) refers a land access dispute to the land access ombudsman, the ombudsman may— accept the land access dispute referral; or refuse to accept the land access dispute referral; or give a direction under section 37 in relation to the land access dispute referral.\n(sec.36-ssec.2) The land access ombudsman must refuse to accept the land access dispute referral if— the referral is about a matter mentioned in section 18 (1) ; or the ombudsman is satisfied— the referring party has not complied with section 32 (2) ; or the land access dispute referral is frivolous or vexatious or has not been made in good faith; or the subject of the land access dispute is trivial; or in the circumstances, the investigation of the matter the subject of the land access dispute is unnecessary or unjustifiable; or the referring party has not given the ombudsman reasonable help as required under section 35 (2) .\n(sec.36-ssec.3) For subsection (2) (b) (i) , the land access ombudsman may be satisfied the referring party has complied with section 32 (2) regardless of whether the referring party has used, or attempted to use— for a conduct and compensation agreement—the dispute resolution process, if any, in the agreement; or for a make good agreement— the dispute resolution process, if any, in the agreement; or the process under the Water Act 2000 , chapter 3 , part 5 , division 4 .\n- (a) accept the land access dispute referral; or\n- (b) refuse to accept the land access dispute referral; or\n- (c) give a direction under section 37 in relation to the land access dispute referral.\n- (a) the referral is about a matter mentioned in section 18 (1) ; or\n- (b) the ombudsman is satisfied— (i) the referring party has not complied with section 32 (2) ; or (ii) the land access dispute referral is frivolous or vexatious or has not been made in good faith; or (iii) the subject of the land access dispute is trivial; or (iv) in the circumstances, the investigation of the matter the subject of the land access dispute is unnecessary or unjustifiable; or\n- (i) the referring party has not complied with section 32 (2) ; or\n- (ii) the land access dispute referral is frivolous or vexatious or has not been made in good faith; or\n- (iii) the subject of the land access dispute is trivial; or\n- (iv) in the circumstances, the investigation of the matter the subject of the land access dispute is unnecessary or unjustifiable; or\n- (c) the referring party has not given the ombudsman reasonable help as required under section 35 (2) .\n- (i) the referring party has not complied with section 32 (2) ; or\n- (ii) the land access dispute referral is frivolous or vexatious or has not been made in good faith; or\n- (iii) the subject of the land access dispute is trivial; or\n- (iv) in the circumstances, the investigation of the matter the subject of the land access dispute is unnecessary or unjustifiable; or\n- (a) for a conduct and compensation agreement—the dispute resolution process, if any, in the agreement; or\n- (b) for a make good agreement— (i) the dispute resolution process, if any, in the agreement; or (ii) the process under the Water Act 2000 , chapter 3 , part 5 , division 4 .\n- (i) the dispute resolution process, if any, in the agreement; or\n- (ii) the process under the Water Act 2000 , chapter 3 , part 5 , division 4 .\n- (i) the dispute resolution process, if any, in the agreement; or\n- (ii) the process under the Water Act 2000 , chapter 3 , part 5 , division 4 .","sortOrder":43},{"sectionNumber":"sec.37","sectionType":"section","heading":"Direction to make reasonable attempt to resolve","content":"### sec.37 Direction to make reasonable attempt to resolve\n\nThis section applies if the land access ombudsman is satisfied a referring party has not complied with section 32 (2) .\nInstead of refusing to accept the land access dispute referral, the land access ombudsman may direct the referring party to make a reasonable attempt to resolve the land access dispute with the other party.\nIf, after giving a direction under subsection (2) , the land access ombudsman is satisfied the referring party has made a reasonable attempt to resolve the land access dispute, the ombudsman may accept the referral.\n(sec.37-ssec.1) This section applies if the land access ombudsman is satisfied a referring party has not complied with section 32 (2) .\n(sec.37-ssec.2) Instead of refusing to accept the land access dispute referral, the land access ombudsman may direct the referring party to make a reasonable attempt to resolve the land access dispute with the other party.\n(sec.37-ssec.3) If, after giving a direction under subsection (2) , the land access ombudsman is satisfied the referring party has made a reasonable attempt to resolve the land access dispute, the ombudsman may accept the referral.","sortOrder":44},{"sectionNumber":"sec.38","sectionType":"section","heading":"Actions by land access ombudsman after refusal","content":"### sec.38 Actions by land access ombudsman after refusal\n\nThis section applies if the land access ombudsman refuses to accept a land access dispute referral.\nThe land access ombudsman must, as soon as practicable, in a way the ombudsman considers appropriate, give the referring party notice of the decision and reasons for the decision.\nAlso, the land access ombudsman may, in relation to a matter arising from the land access dispute referral, refer the matter to a regulator.\nIn this section—\nland access code see the Mineral and Energy Resources (Common Provisions) Act 2014 , section 36 .\nregulator means—\nfor a matter about a requirement under a Resource Act—the chief executive of the department in which the Resource Act is administered; or\nfor a matter about a condition of a resource authority—the chief executive of the department in which the relevant Resource Act for the resource authority is administered; or\nfor a matter about a mandatory condition of a land access code—the chief executive (natural resources and mines); or\nfor a matter about a requirement under the Environmental Protection Act 1994 or a condition of an environmental authority—the chief executive (environment protection); or\nfor a matter about a requirement under the Water Act 2000 , chapter 3 —the chief executive (water).\n(sec.38-ssec.1) This section applies if the land access ombudsman refuses to accept a land access dispute referral.\n(sec.38-ssec.2) The land access ombudsman must, as soon as practicable, in a way the ombudsman considers appropriate, give the referring party notice of the decision and reasons for the decision.\n(sec.38-ssec.3) Also, the land access ombudsman may, in relation to a matter arising from the land access dispute referral, refer the matter to a regulator.\n(sec.38-ssec.4) In this section— land access code see the Mineral and Energy Resources (Common Provisions) Act 2014 , section 36 . regulator means— for a matter about a requirement under a Resource Act—the chief executive of the department in which the Resource Act is administered; or for a matter about a condition of a resource authority—the chief executive of the department in which the relevant Resource Act for the resource authority is administered; or for a matter about a mandatory condition of a land access code—the chief executive (natural resources and mines); or for a matter about a requirement under the Environmental Protection Act 1994 or a condition of an environmental authority—the chief executive (environment protection); or for a matter about a requirement under the Water Act 2000 , chapter 3 —the chief executive (water).\n- (a) for a matter about a requirement under a Resource Act—the chief executive of the department in which the Resource Act is administered; or\n- (b) for a matter about a condition of a resource authority—the chief executive of the department in which the relevant Resource Act for the resource authority is administered; or\n- (c) for a matter about a mandatory condition of a land access code—the chief executive (natural resources and mines); or\n- (d) for a matter about a requirement under the Environmental Protection Act 1994 or a condition of an environmental authority—the chief executive (environment protection); or\n- (e) for a matter about a requirement under the Water Act 2000 , chapter 3 —the chief executive (water).","sortOrder":45},{"sectionNumber":"sec.39","sectionType":"section","heading":"Withdrawal of land access dispute referral","content":"### sec.39 Withdrawal of land access dispute referral\n\nA referring party may, by notice given to the land access ombudsman, withdraw the party’s land access dispute referral.\nIn withdrawing the referral the party must comply with any requirements for the withdrawal under a procedural guideline made under section 65 .\nThe land access ombudsman must, as soon as practicable after receiving the notice, give the other party to the land access dispute notice of the withdrawal.\n(sec.39-ssec.1) A referring party may, by notice given to the land access ombudsman, withdraw the party’s land access dispute referral.\n(sec.39-ssec.2) In withdrawing the referral the party must comply with any requirements for the withdrawal under a procedural guideline made under section 65 .\n(sec.39-ssec.3) The land access ombudsman must, as soon as practicable after receiving the notice, give the other party to the land access dispute notice of the withdrawal.","sortOrder":46},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Investigation of land access dispute referrals","content":"## Investigation of land access dispute referrals","sortOrder":47},{"sectionNumber":"sec.40","sectionType":"section","heading":"Notice of investigation","content":"### sec.40 Notice of investigation\n\nIf the land access ombudsman decides to accept a land access dispute referral from a referring party, the ombudsman must, as soon as practicable, give a notice (an investigation notice ) to the other party to the land access dispute the subject of the referral.\nThe investigation notice must state—\nthe subject of the land access dispute referral; and\nsufficient details to identify the referring party and the land the subject of the referral; and\nwhen the ombudsman proposes to start to investigate the land access dispute referral.\nThe notice need not be given if the land access dispute referral has been withdrawn.\nThe land access ombudsman may give the information mentioned in subsection (2) to the other party orally before giving the investigation notice.\n(sec.40-ssec.1) If the land access ombudsman decides to accept a land access dispute referral from a referring party, the ombudsman must, as soon as practicable, give a notice (an investigation notice ) to the other party to the land access dispute the subject of the referral.\n(sec.40-ssec.2) The investigation notice must state— the subject of the land access dispute referral; and sufficient details to identify the referring party and the land the subject of the referral; and when the ombudsman proposes to start to investigate the land access dispute referral.\n(sec.40-ssec.3) The notice need not be given if the land access dispute referral has been withdrawn.\n(sec.40-ssec.4) The land access ombudsman may give the information mentioned in subsection (2) to the other party orally before giving the investigation notice.\n- (a) the subject of the land access dispute referral; and\n- (b) sufficient details to identify the referring party and the land the subject of the referral; and\n- (c) when the ombudsman proposes to start to investigate the land access dispute referral.","sortOrder":48},{"sectionNumber":"sec.41","sectionType":"section","heading":"Investigation procedure","content":"### sec.41 Investigation procedure\n\nSubject to this Act, the procedure for investigating a land access dispute referral is the procedure decided by the land access ombudsman.\nIf practicable, the procedure must involve an alternative dispute resolution process to resolve the land access dispute.\nThe alternative dispute resolution process—\nmay be a process of any type, including, for example, case appraisal, conciliation or mediation; and\nmust not bind the parties.\nThe land access ombudsman, in carrying out an investigation—\nis not bound by the rules of evidence, but must comply with natural justice; and\nmay, but is not required to, hold meetings and conduct interviews for the investigation; and\nmay make inquiries the ombudsman considers appropriate, including consulting with an entity with relevant technical expertise about the land access dispute referral and requesting information from government entities relevant to a land access dispute referral; and\nmay advise each party about the merits of their position in relation to the land access dispute referral; and\nmay, if the ombudsman considers a party would benefit from health advice, treatment or care, provide the party with information about entities that provide the advice, treatment or care; and\nmust act in a way that is fair, reasonable, just, timely and maintains confidentiality.\nNothing said by a person to the land access ombudsman or an officer in an alternative dispute resolution process during an investigation is admissible in evidence in a proceeding without the person’s consent.\n(sec.41-ssec.1) Subject to this Act, the procedure for investigating a land access dispute referral is the procedure decided by the land access ombudsman.\n(sec.41-ssec.2) If practicable, the procedure must involve an alternative dispute resolution process to resolve the land access dispute.\n(sec.41-ssec.3) The alternative dispute resolution process— may be a process of any type, including, for example, case appraisal, conciliation or mediation; and must not bind the parties.\n(sec.41-ssec.4) The land access ombudsman, in carrying out an investigation— is not bound by the rules of evidence, but must comply with natural justice; and may, but is not required to, hold meetings and conduct interviews for the investigation; and may make inquiries the ombudsman considers appropriate, including consulting with an entity with relevant technical expertise about the land access dispute referral and requesting information from government entities relevant to a land access dispute referral; and may advise each party about the merits of their position in relation to the land access dispute referral; and may, if the ombudsman considers a party would benefit from health advice, treatment or care, provide the party with information about entities that provide the advice, treatment or care; and must act in a way that is fair, reasonable, just, timely and maintains confidentiality.\n(sec.41-ssec.5) Nothing said by a person to the land access ombudsman or an officer in an alternative dispute resolution process during an investigation is admissible in evidence in a proceeding without the person’s consent.\n- (a) may be a process of any type, including, for example, case appraisal, conciliation or mediation; and\n- (b) must not bind the parties.\n- (a) is not bound by the rules of evidence, but must comply with natural justice; and\n- (b) may, but is not required to, hold meetings and conduct interviews for the investigation; and\n- (c) may make inquiries the ombudsman considers appropriate, including consulting with an entity with relevant technical expertise about the land access dispute referral and requesting information from government entities relevant to a land access dispute referral; and\n- (d) may advise each party about the merits of their position in relation to the land access dispute referral; and\n- (e) may, if the ombudsman considers a party would benefit from health advice, treatment or care, provide the party with information about entities that provide the advice, treatment or care; and\n- (f) must act in a way that is fair, reasonable, just, timely and maintains confidentiality.","sortOrder":49},{"sectionNumber":"sec.42","sectionType":"section","heading":"Power to require particular information","content":"### sec.42 Power to require particular information\n\nIf a land access dispute referral has been accepted by the land access ombudsman, the ombudsman may, by notice given to a party to the land access dispute the subject of the referral, require the party to give the ombudsman—\na stated document or information at a stated reasonable time and place; or\naccess to a stated document or information.\nA requirement under subsection (1) may relate only to documents or information related to the investigation of the land access dispute referral.\nA requirement under subsection (1) may be included in an investigation notice.\nA party of whom a requirement is made under subsection (1) must comply with the requirement unless the party has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIt is a reasonable excuse for a party not to comply with the requirement if—\nthe document or information is not in the party’s possession or control; or\nthe document or information is in another person’s possession and—\nthe party has taken all reasonable steps to obtain the document or information from the other person; and\nthe other person has not given it to the party; or\nthe party is an individual and complying with the requirement might tend to incriminate the individual or expose the individual to a penalty.\nA party is not obliged to disclose a document or information under this section if the document or information—\nis protected by legal professional privilege; or\nis a communication of an admission made by a party before the land access referral was made, and in the course of negotiations to attempt to settle the land access dispute between the parties.\n(sec.42-ssec.1) If a land access dispute referral has been accepted by the land access ombudsman, the ombudsman may, by notice given to a party to the land access dispute the subject of the referral, require the party to give the ombudsman— a stated document or information at a stated reasonable time and place; or access to a stated document or information.\n(sec.42-ssec.2) A requirement under subsection (1) may relate only to documents or information related to the investigation of the land access dispute referral.\n(sec.42-ssec.3) A requirement under subsection (1) may be included in an investigation notice.\n(sec.42-ssec.4) A party of whom a requirement is made under subsection (1) must comply with the requirement unless the party has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.42-ssec.5) It is a reasonable excuse for a party not to comply with the requirement if— the document or information is not in the party’s possession or control; or the document or information is in another person’s possession and— the party has taken all reasonable steps to obtain the document or information from the other person; and the other person has not given it to the party; or the party is an individual and complying with the requirement might tend to incriminate the individual or expose the individual to a penalty.\n(sec.42-ssec.6) A party is not obliged to disclose a document or information under this section if the document or information— is protected by legal professional privilege; or is a communication of an admission made by a party before the land access referral was made, and in the course of negotiations to attempt to settle the land access dispute between the parties.\n- (a) a stated document or information at a stated reasonable time and place; or\n- (b) access to a stated document or information.\n- (a) the document or information is not in the party’s possession or control; or\n- (b) the document or information is in another person’s possession and— (i) the party has taken all reasonable steps to obtain the document or information from the other person; and (ii) the other person has not given it to the party; or\n- (i) the party has taken all reasonable steps to obtain the document or information from the other person; and\n- (ii) the other person has not given it to the party; or\n- (c) the party is an individual and complying with the requirement might tend to incriminate the individual or expose the individual to a penalty.\n- (i) the party has taken all reasonable steps to obtain the document or information from the other person; and\n- (ii) the other person has not given it to the party; or\n- (a) is protected by legal professional privilege; or\n- (b) is a communication of an admission made by a party before the land access referral was made, and in the course of negotiations to attempt to settle the land access dispute between the parties.","sortOrder":50},{"sectionNumber":"sec.43","sectionType":"section","heading":"Power to require attendance","content":"### sec.43 Power to require attendance\n\nIf a land access dispute referral has been accepted by the land access ombudsman, the ombudsman may, by notice given to a party to the land access dispute the subject of the referral, require the party to—\nattend a meeting with the land access ombudsman at a stated reasonable time and place; and\nanswer questions, related to the investigation of the land access dispute referral, asked by the ombudsman.\nA party of whom a requirement is made under subsection (1) must comply with the requirement unless the party has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIt is a reasonable excuse for a party who is an individual to fail to answer a question if answering the question might tend to incriminate the individual or expose the individual to a penalty.\nA party may be represented by someone at a meeting only with the leave of the land access ombudsman.\nThe land access ombudsman must not unreasonably withhold leave for a party to be represented at a meeting.\nA party must bear the party’s own costs of representation for a meeting.\n(sec.43-ssec.1) If a land access dispute referral has been accepted by the land access ombudsman, the ombudsman may, by notice given to a party to the land access dispute the subject of the referral, require the party to— attend a meeting with the land access ombudsman at a stated reasonable time and place; and answer questions, related to the investigation of the land access dispute referral, asked by the ombudsman.\n(sec.43-ssec.2) A party of whom a requirement is made under subsection (1) must comply with the requirement unless the party has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.43-ssec.3) It is a reasonable excuse for a party who is an individual to fail to answer a question if answering the question might tend to incriminate the individual or expose the individual to a penalty.\n(sec.43-ssec.4) A party may be represented by someone at a meeting only with the leave of the land access ombudsman.\n(sec.43-ssec.5) The land access ombudsman must not unreasonably withhold leave for a party to be represented at a meeting.\n(sec.43-ssec.6) A party must bear the party’s own costs of representation for a meeting.\n- (a) attend a meeting with the land access ombudsman at a stated reasonable time and place; and\n- (b) answer questions, related to the investigation of the land access dispute referral, asked by the ombudsman.","sortOrder":51},{"sectionNumber":"sec.44","sectionType":"section","heading":"Definitions for subdivision","content":"### sec.44 Definitions for subdivision\n\nIn this subdivision—\ncoal mine see the Coal Mining Safety and Health Act 1999 , section 9 .\ndispute land see section 45 (1) and (2) .\nmine see the Mining and Quarrying Safety and Health Act 1999 , section 9 .\noperating plant see the Petroleum and Gas (Production and Safety) Act 2004 , section 670 .\nsafety and health management system —\nfor a coal mine, see the Coal Mining Safety and Health Act 1999 , schedule 3 , definition safety and health management system , first mention; or\nfor a mine, see the Mining and Quarrying Safety and Health Act 1999 , schedule 2 .\nsafety management system , for an operating plant, see the Petroleum and Gas (Production and Safety) Act 2004 , schedule 2 .\n- (a) for a coal mine, see the Coal Mining Safety and Health Act 1999 , schedule 3 , definition safety and health management system , first mention; or\n- (b) for a mine, see the Mining and Quarrying Safety and Health Act 1999 , schedule 2 .","sortOrder":52},{"sectionNumber":"sec.45","sectionType":"section","heading":"Power to enter dispute land","content":"### sec.45 Power to enter dispute land\n\nIf a land access dispute referral about a conduct and compensation agreement has been accepted by the land access ombudsman, the ombudsman may enter land the subject of the agreement (the dispute land ) if—\nthe party to the land access dispute who is an owner or occupier of the dispute land consents under this subdivision to the entry and section 48 has been complied with for the party; and\nany owner of the dispute land who is not a party to the land access dispute consents under this subdivision to the entry and section 48 has been complied with for the owner; and\nany occupier of the dispute land who is not a party to the land access dispute consents under this subdivision to the entry and section 48 has been complied with for the occupier; and\nfor dispute land on which there is a coal mine with a safety and health management system for the coal mine—\nthe party to the land access dispute who is the resource authority holder consents under this subdivision to the entry; and\nsection 48 has been complied with for the party; and\nfor dispute land on which there is a mine with a safety and health management system for the mine—\nthe party to the land access dispute who is the resource authority holder consents under this subdivision to the entry; and\nsection 48 has been complied with for the party; and\nfor dispute land on which there is an operating plant with a safety management system for the operating plant—\nthe party to the land access dispute who is the resource authority holder consents under this subdivision to the entry; and\nsection 48 has been complied with for the party.\nIf a land access dispute referral about a make good agreement has been accepted by the land access ombudsman, the ombudsman may enter land the subject of the agreement (also the dispute land ) if—\nthe party to the land access dispute who is the bore owner consents under this subdivision to the entry and section 48 has been complied with for the party; and\nany owner of the dispute land who is not a party to the land access dispute consents under this subdivision to the entry and section 48 has been complied with for the owner; and\nany occupier of the dispute land who is not a party to the land access dispute consents under this subdivision to the entry and section 48 has been complied with for the occupier.\nThe power to enter dispute land under this section is subject to any conditions of a consent given for the entry and ceases if the consent is withdrawn.\ns 45 amd 2024 No. 33 s 53 (uncommenced amendment)\n(sec.45-ssec.1) If a land access dispute referral about a conduct and compensation agreement has been accepted by the land access ombudsman, the ombudsman may enter land the subject of the agreement (the dispute land ) if— the party to the land access dispute who is an owner or occupier of the dispute land consents under this subdivision to the entry and section 48 has been complied with for the party; and any owner of the dispute land who is not a party to the land access dispute consents under this subdivision to the entry and section 48 has been complied with for the owner; and any occupier of the dispute land who is not a party to the land access dispute consents under this subdivision to the entry and section 48 has been complied with for the occupier; and for dispute land on which there is a coal mine with a safety and health management system for the coal mine— the party to the land access dispute who is the resource authority holder consents under this subdivision to the entry; and section 48 has been complied with for the party; and for dispute land on which there is a mine with a safety and health management system for the mine— the party to the land access dispute who is the resource authority holder consents under this subdivision to the entry; and section 48 has been complied with for the party; and for dispute land on which there is an operating plant with a safety management system for the operating plant— the party to the land access dispute who is the resource authority holder consents under this subdivision to the entry; and section 48 has been complied with for the party.\n(sec.45-ssec.2) If a land access dispute referral about a make good agreement has been accepted by the land access ombudsman, the ombudsman may enter land the subject of the agreement (also the dispute land ) if— the party to the land access dispute who is the bore owner consents under this subdivision to the entry and section 48 has been complied with for the party; and any owner of the dispute land who is not a party to the land access dispute consents under this subdivision to the entry and section 48 has been complied with for the owner; and any occupier of the dispute land who is not a party to the land access dispute consents under this subdivision to the entry and section 48 has been complied with for the occupier.\n(sec.45-ssec.3) The power to enter dispute land under this section is subject to any conditions of a consent given for the entry and ceases if the consent is withdrawn.\n- (a) the party to the land access dispute who is an owner or occupier of the dispute land consents under this subdivision to the entry and section 48 has been complied with for the party; and\n- (b) any owner of the dispute land who is not a party to the land access dispute consents under this subdivision to the entry and section 48 has been complied with for the owner; and\n- (c) any occupier of the dispute land who is not a party to the land access dispute consents under this subdivision to the entry and section 48 has been complied with for the occupier; and\n- (d) for dispute land on which there is a coal mine with a safety and health management system for the coal mine— (i) the party to the land access dispute who is the resource authority holder consents under this subdivision to the entry; and (ii) section 48 has been complied with for the party; and\n- (i) the party to the land access dispute who is the resource authority holder consents under this subdivision to the entry; and\n- (ii) section 48 has been complied with for the party; and\n- (e) for dispute land on which there is a mine with a safety and health management system for the mine— (i) the party to the land access dispute who is the resource authority holder consents under this subdivision to the entry; and (ii) section 48 has been complied with for the party; and\n- (i) the party to the land access dispute who is the resource authority holder consents under this subdivision to the entry; and\n- (ii) section 48 has been complied with for the party; and\n- (f) for dispute land on which there is an operating plant with a safety management system for the operating plant— (i) the party to the land access dispute who is the resource authority holder consents under this subdivision to the entry; and (ii) section 48 has been complied with for the party.\n- (i) the party to the land access dispute who is the resource authority holder consents under this subdivision to the entry; and\n- (ii) section 48 has been complied with for the party.\n- (i) the party to the land access dispute who is the resource authority holder consents under this subdivision to the entry; and\n- (ii) section 48 has been complied with for the party; and\n- (i) the party to the land access dispute who is the resource authority holder consents under this subdivision to the entry; and\n- (ii) section 48 has been complied with for the party; and\n- (i) the party to the land access dispute who is the resource authority holder consents under this subdivision to the entry; and\n- (ii) section 48 has been complied with for the party.\n- (a) the party to the land access dispute who is the bore owner consents under this subdivision to the entry and section 48 has been complied with for the party; and\n- (b) any owner of the dispute land who is not a party to the land access dispute consents under this subdivision to the entry and section 48 has been complied with for the owner; and\n- (c) any occupier of the dispute land who is not a party to the land access dispute consents under this subdivision to the entry and section 48 has been complied with for the occupier.","sortOrder":53},{"sectionNumber":"sec.46","sectionType":"section","heading":"Application of ss 47 – 49","content":"### sec.46 Application of ss 47 – 49\n\nSections 47 to 49 apply if the land access ombudsman intends to ask a person to consent to the ombudsman entering dispute land under section 45 .","sortOrder":54},{"sectionNumber":"sec.47","sectionType":"section","heading":"Incidental entry to ask for access","content":"### sec.47 Incidental entry to ask for access\n\nFor the purpose of asking a person for consent, the land access ombudsman may, without the person’s consent—\nenter land around premises on the dispute land to an extent that is reasonable to contact the person; or\nenter part of the dispute land the ombudsman reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the dispute land.\nIn this section—\npremises includes—\na building or other structure; and\na part of a building or other structure; and\na caravan or vehicle; and\na cave or tent; and\npremises held under more than 1 title or by more than 1 owner.\n(sec.47-ssec.1) For the purpose of asking a person for consent, the land access ombudsman may, without the person’s consent— enter land around premises on the dispute land to an extent that is reasonable to contact the person; or enter part of the dispute land the ombudsman reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the dispute land.\n(sec.47-ssec.2) In this section— premises includes— a building or other structure; and a part of a building or other structure; and a caravan or vehicle; and a cave or tent; and premises held under more than 1 title or by more than 1 owner.\n- (a) enter land around premises on the dispute land to an extent that is reasonable to contact the person; or\n- (b) enter part of the dispute land the ombudsman reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the dispute land.\n- (a) a building or other structure; and\n- (b) a part of a building or other structure; and\n- (c) a caravan or vehicle; and\n- (d) a cave or tent; and\n- (e) premises held under more than 1 title or by more than 1 owner.","sortOrder":55},{"sectionNumber":"sec.48","sectionType":"section","heading":"Matters land access ombudsman must tell person","content":"### sec.48 Matters land access ombudsman must tell person\n\nBefore asking for the consent, the land access ombudsman must give a reasonable explanation to the person—\nabout the purpose of the entry, including the powers intended to be exercised; and\nthat the person is not required to consent; and\nthat the consent may be given subject to conditions and may be withdrawn at any time.\n- (a) about the purpose of the entry, including the powers intended to be exercised; and\n- (b) that the person is not required to consent; and\n- (c) that the consent may be given subject to conditions and may be withdrawn at any time.","sortOrder":56},{"sectionNumber":"sec.49","sectionType":"section","heading":"Consent by acknowledgement","content":"### sec.49 Consent by acknowledgement\n\nIf the consent is given, the land access ombudsman may ask the person to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe purpose of the entry, including the powers to be exercised; and\nthe following has been explained to the person—\nthe purpose of the entry, including the powers intended to be exercised;\nthat the person is not required to consent;\nthat the consent may be given subject to conditions and may be withdrawn at any time; and\nthe person gives the land access ombudsman consent to enter the land and exercise the powers; and\nthe time and day the consent was given; and\nany conditions of the consent.\nIf the person signs the acknowledgement, the land access ombudsman must immediately give a copy to the person.\nIf—\nan issue arises in a proceeding about whether the person consented to the entry; and\nan acknowledgement complying with subsection (2) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the party consented.\n(sec.49-ssec.1) If the consent is given, the land access ombudsman may ask the person to sign an acknowledgement of the consent.\n(sec.49-ssec.2) The acknowledgement must state— the purpose of the entry, including the powers to be exercised; and the following has been explained to the person— the purpose of the entry, including the powers intended to be exercised; that the person is not required to consent; that the consent may be given subject to conditions and may be withdrawn at any time; and the person gives the land access ombudsman consent to enter the land and exercise the powers; and the time and day the consent was given; and any conditions of the consent.\n(sec.49-ssec.3) If the person signs the acknowledgement, the land access ombudsman must immediately give a copy to the person.\n(sec.49-ssec.4) If— an issue arises in a proceeding about whether the person consented to the entry; and an acknowledgement complying with subsection (2) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the party consented.\n- (a) the purpose of the entry, including the powers to be exercised; and\n- (b) the following has been explained to the person— (i) the purpose of the entry, including the powers intended to be exercised; (ii) that the person is not required to consent; (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (i) the purpose of the entry, including the powers intended to be exercised;\n- (ii) that the person is not required to consent;\n- (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (c) the person gives the land access ombudsman consent to enter the land and exercise the powers; and\n- (d) the time and day the consent was given; and\n- (e) any conditions of the consent.\n- (i) the purpose of the entry, including the powers intended to be exercised;\n- (ii) that the person is not required to consent;\n- (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (a) an issue arises in a proceeding about whether the person consented to the entry; and\n- (b) an acknowledgement complying with subsection (2) for the entry is not produced in evidence;","sortOrder":57},{"sectionNumber":"sec.50","sectionType":"section","heading":"General powers of land access ombudsman after entering dispute land","content":"### sec.50 General powers of land access ombudsman after entering dispute land\n\nIf the land access ombudsman enters dispute land under section 45 , the ombudsman may do anything on the dispute land that is reasonably necessary for performing the ombudsman’s function under section 16 (a) .\nHowever—\nthe power under subsection (1) is subject to any conditions of the consent; and\nthe land access ombudsman may not take for examination a thing, or a sample of or from a thing, on the dispute land.\n_____\npt 3A (ss 50A–50F) ins 2024 No. 33 s 54 (uncommenced amendment)\n(sec.50-ssec.1) If the land access ombudsman enters dispute land under section 45 , the ombudsman may do anything on the dispute land that is reasonably necessary for performing the ombudsman’s function under section 16 (a) .\n(sec.50-ssec.2) However— the power under subsection (1) is subject to any conditions of the consent; and the land access ombudsman may not take for examination a thing, or a sample of or from a thing, on the dispute land.\n- (a) the power under subsection (1) is subject to any conditions of the consent; and\n- (b) the land access ombudsman may not take for examination a thing, or a sample of or from a thing, on the dispute land.","sortOrder":58},{"sectionNumber":"pt.4","sectionType":"part","heading":"Actions by land access ombudsman","content":"# Actions by land access ombudsman","sortOrder":59},{"sectionNumber":"sec.51","sectionType":"section","heading":"Notice about outcome of investigation","content":"### sec.51 Notice about outcome of investigation\n\nThis section applies to an investigation of a land access dispute referral unless—\nthe investigation has been discontinued because of section 18 (2) ; or\nthe land access dispute referral has been withdrawn; or\nthe land access dispute the subject of the referral has been resolved between the parties other than by way of investigation by the land access ombudsman under this Act.\nAfter finishing the investigation, the land access ombudsman must give the parties a notice about the investigation.\nBefore the land access ombudsman gives a notice under subsection (2) , the ombudsman must—\ngive the parties a draft of the notice; and\ninvite the parties to make submissions to the ombudsman, within a stated reasonable period, about the draft of the notice.\nA party may make submissions orally or in writing.\nThe land access ombudsman must have regard to any submissions made by the parties within the stated period before giving a notice under subsection (2) .\nThe notice under subsection (2) must include—\nif the land access dispute referral is resolved as a result of the investigation—the details of the resolution of the dispute; or\nif the land access dispute referral is not resolved as a result of the investigation—\nadvice about the merits of the parties’ positions in the land access dispute referral; and\nrecommendations about how the land access dispute referral could be resolved; and\nreasons for the advice and recommendations mentioned in subparagraphs (i) and (ii) .\nThe notice is not binding on the parties and is by way of information or advice only to the parties.\nSubsection (9) applies if—\na party has given the land access ombudsman a document or information for an inquiry under section 35 about, or an investigation into, a land access dispute referral; and\nthe ombudsman relied on the document or information to decide the land access dispute referral; and\nthe ombudsman is satisfied the document or information is confidential and that disclosing it might be detrimental to the party’s commercial interests.\nThe land access ombudsman must, in giving reasons under subsection (6) (b) (iii) , state that the ombudsman has relied on a confidential document or information given by the party, without disclosing what that document or information is.\n(sec.51-ssec.1) This section applies to an investigation of a land access dispute referral unless— the investigation has been discontinued because of section 18 (2) ; or the land access dispute referral has been withdrawn; or the land access dispute the subject of the referral has been resolved between the parties other than by way of investigation by the land access ombudsman under this Act.\n(sec.51-ssec.2) After finishing the investigation, the land access ombudsman must give the parties a notice about the investigation.\n(sec.51-ssec.3) Before the land access ombudsman gives a notice under subsection (2) , the ombudsman must— give the parties a draft of the notice; and invite the parties to make submissions to the ombudsman, within a stated reasonable period, about the draft of the notice.\n(sec.51-ssec.4) A party may make submissions orally or in writing.\n(sec.51-ssec.5) The land access ombudsman must have regard to any submissions made by the parties within the stated period before giving a notice under subsection (2) .\n(sec.51-ssec.6) The notice under subsection (2) must include— if the land access dispute referral is resolved as a result of the investigation—the details of the resolution of the dispute; or if the land access dispute referral is not resolved as a result of the investigation— advice about the merits of the parties’ positions in the land access dispute referral; and recommendations about how the land access dispute referral could be resolved; and reasons for the advice and recommendations mentioned in subparagraphs (i) and (ii) .\n(sec.51-ssec.7) The notice is not binding on the parties and is by way of information or advice only to the parties.\n(sec.51-ssec.8) Subsection (9) applies if— a party has given the land access ombudsman a document or information for an inquiry under section 35 about, or an investigation into, a land access dispute referral; and the ombudsman relied on the document or information to decide the land access dispute referral; and the ombudsman is satisfied the document or information is confidential and that disclosing it might be detrimental to the party’s commercial interests.\n(sec.51-ssec.9) The land access ombudsman must, in giving reasons under subsection (6) (b) (iii) , state that the ombudsman has relied on a confidential document or information given by the party, without disclosing what that document or information is.\n- (a) the investigation has been discontinued because of section 18 (2) ; or\n- (b) the land access dispute referral has been withdrawn; or\n- (c) the land access dispute the subject of the referral has been resolved between the parties other than by way of investigation by the land access ombudsman under this Act.\n- (a) give the parties a draft of the notice; and\n- (b) invite the parties to make submissions to the ombudsman, within a stated reasonable period, about the draft of the notice.\n- (a) if the land access dispute referral is resolved as a result of the investigation—the details of the resolution of the dispute; or\n- (b) if the land access dispute referral is not resolved as a result of the investigation— (i) advice about the merits of the parties’ positions in the land access dispute referral; and (ii) recommendations about how the land access dispute referral could be resolved; and (iii) reasons for the advice and recommendations mentioned in subparagraphs (i) and (ii) .\n- (i) advice about the merits of the parties’ positions in the land access dispute referral; and\n- (ii) recommendations about how the land access dispute referral could be resolved; and\n- (iii) reasons for the advice and recommendations mentioned in subparagraphs (i) and (ii) .\n- (i) advice about the merits of the parties’ positions in the land access dispute referral; and\n- (ii) recommendations about how the land access dispute referral could be resolved; and\n- (iii) reasons for the advice and recommendations mentioned in subparagraphs (i) and (ii) .\n- (a) a party has given the land access ombudsman a document or information for an inquiry under section 35 about, or an investigation into, a land access dispute referral; and\n- (b) the ombudsman relied on the document or information to decide the land access dispute referral; and\n- (c) the ombudsman is satisfied the document or information is confidential and that disclosing it might be detrimental to the party’s commercial interests.","sortOrder":60},{"sectionNumber":"sec.52","sectionType":"section","heading":"Evidentiary provision","content":"### sec.52 Evidentiary provision\n\nA notice given by the land access ombudsman under section 51 for a land access dispute referral about a conduct and compensation agreement is admissible in a proceeding about the agreement before the Land Court under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 99A , as evidence of the matters in the notice.\nA notice given by the land access ombudsman under section 51 for a land access dispute referral about a make good agreement is admissible in a proceeding about the agreement before the Land Court under the Water Act 2000 , section 434 , as evidence of the matters in the notice.\nA notice given by the land access ombudsman under section 51 for a land access dispute referral about a conduct and compensation agreement or a make good agreement is admissible in an arbitration about the agreement as evidence of the matters in the notice.\ns 52 sub 2024 No. 33 s 55 (uncommenced amendment)\n(sec.52-ssec.1) A notice given by the land access ombudsman under section 51 for a land access dispute referral about a conduct and compensation agreement is admissible in a proceeding about the agreement before the Land Court under the Mineral and Energy Resources (Common Provisions) Act 2014 , section 99A , as evidence of the matters in the notice.\n(sec.52-ssec.2) A notice given by the land access ombudsman under section 51 for a land access dispute referral about a make good agreement is admissible in a proceeding about the agreement before the Land Court under the Water Act 2000 , section 434 , as evidence of the matters in the notice.\n(sec.52-ssec.3) A notice given by the land access ombudsman under section 51 for a land access dispute referral about a conduct and compensation agreement or a make good agreement is admissible in an arbitration about the agreement as evidence of the matters in the notice.","sortOrder":61},{"sectionNumber":"sec.53","sectionType":"section","heading":"Recommendation about Resource Act offence or resource authority breach","content":"### sec.53 Recommendation about Resource Act offence or resource authority breach\n\nThis section applies if, at any time after a land access dispute referral has been accepted, the land access ombudsman reasonably suspects a party to the land access dispute the subject of the referral who is a resource authority holder for a conduct and compensation agreement or a resource tenure holder for a make good agreement—\nhas committed, is committing, or is likely to commit, an offence against a Resource Act (the possible offence ); or\nhas breached, is breaching, or is likely to breach, a condition of a resource authority that relates to land access (the possible authority breach ).\nThe land access ombudsman may give the chief executive (natural resources and mines) a notice stating—\nthe name of the party; and\ndetails of the possible offence or possible authority breach; and\nthe land access ombudsman recommends the investigation of the possible offence or possible authority breach.\nBefore taking action under subsection (2) , the land access ombudsman must give the party a notice—\nstating the proposed action; and\ninviting the party to make a submission to the ombudsman, within a stated reasonable period, about the proposed action.\nThe party may make submissions orally or in writing.\nThe land access ombudsman must have regard to any submissions made by the party within the stated period before giving a notice under subsection (2) .\nThe notice under subsection (2) may also—\ndisclose information given to the land access ombudsman by either party in relation to the land access dispute referral that is relevant to the possible offence or possible authority breach; and\ninclude a copy of a notice given to the parties under section 51 (2) .\ns 53 amd 2024 No. 33 s 56 (uncommenced amendment)\n(sec.53-ssec.1) This section applies if, at any time after a land access dispute referral has been accepted, the land access ombudsman reasonably suspects a party to the land access dispute the subject of the referral who is a resource authority holder for a conduct and compensation agreement or a resource tenure holder for a make good agreement— has committed, is committing, or is likely to commit, an offence against a Resource Act (the possible offence ); or has breached, is breaching, or is likely to breach, a condition of a resource authority that relates to land access (the possible authority breach ).\n(sec.53-ssec.2) The land access ombudsman may give the chief executive (natural resources and mines) a notice stating— the name of the party; and details of the possible offence or possible authority breach; and the land access ombudsman recommends the investigation of the possible offence or possible authority breach.\n(sec.53-ssec.3) Before taking action under subsection (2) , the land access ombudsman must give the party a notice— stating the proposed action; and inviting the party to make a submission to the ombudsman, within a stated reasonable period, about the proposed action.\n(sec.53-ssec.4) The party may make submissions orally or in writing.\n(sec.53-ssec.5) The land access ombudsman must have regard to any submissions made by the party within the stated period before giving a notice under subsection (2) .\n(sec.53-ssec.6) The notice under subsection (2) may also— disclose information given to the land access ombudsman by either party in relation to the land access dispute referral that is relevant to the possible offence or possible authority breach; and include a copy of a notice given to the parties under section 51 (2) .\n- (a) has committed, is committing, or is likely to commit, an offence against a Resource Act (the possible offence ); or\n- (b) has breached, is breaching, or is likely to breach, a condition of a resource authority that relates to land access (the possible authority breach ).\n- (a) the name of the party; and\n- (b) details of the possible offence or possible authority breach; and\n- (c) the land access ombudsman recommends the investigation of the possible offence or possible authority breach.\n- (a) stating the proposed action; and\n- (b) inviting the party to make a submission to the ombudsman, within a stated reasonable period, about the proposed action.\n- (a) disclose information given to the land access ombudsman by either party in relation to the land access dispute referral that is relevant to the possible offence or possible authority breach; and\n- (b) include a copy of a notice given to the parties under section 51 (2) .","sortOrder":62},{"sectionNumber":"sec.54","sectionType":"section","heading":"Recommendation about offence against Water Act 2000","content":"### sec.54 Recommendation about offence against Water Act 2000\n\nThis section applies if, at any time after a land access dispute referral has been accepted, the land access ombudsman reasonably suspects a party to the land access dispute the subject of the referral who is a resource authority holder for a conduct and compensation agreement or a resource tenure holder for a make good agreement has committed, is committing, or is likely to commit, an offence against the Water Act 2000 , chapter 3 (the possible offence ).\nThe land access ombudsman may give the chief executive (water) a notice stating—\nthe name of the party; and\ndetails of the possible offence; and\nthe land access ombudsman recommends the investigation of the possible offence.\nBefore taking action under subsection (2) , the land access ombudsman must give the party a notice—\nstating the proposed action; and\ninviting the party to make a submission to the ombudsman, within a stated reasonable period, about the proposed action.\nThe party may make submissions orally or in writing.\nThe land access ombudsman must have regard to any submissions made by the party within the stated period before giving a notice under subsection (2) .\nThe notice under subsection (2) may also—\ndisclose information given to the land access ombudsman by either party in relation to the land access dispute referral that is relevant to the possible offence; and\ninclude a copy of a notice given to the parties under section 51 (2) .\ns 54 amd 2024 No. 33 s 57 (uncommenced amendment)\n(sec.54-ssec.1) This section applies if, at any time after a land access dispute referral has been accepted, the land access ombudsman reasonably suspects a party to the land access dispute the subject of the referral who is a resource authority holder for a conduct and compensation agreement or a resource tenure holder for a make good agreement has committed, is committing, or is likely to commit, an offence against the Water Act 2000 , chapter 3 (the possible offence ).\n(sec.54-ssec.2) The land access ombudsman may give the chief executive (water) a notice stating— the name of the party; and details of the possible offence; and the land access ombudsman recommends the investigation of the possible offence.\n(sec.54-ssec.3) Before taking action under subsection (2) , the land access ombudsman must give the party a notice— stating the proposed action; and inviting the party to make a submission to the ombudsman, within a stated reasonable period, about the proposed action.\n(sec.54-ssec.4) The party may make submissions orally or in writing.\n(sec.54-ssec.5) The land access ombudsman must have regard to any submissions made by the party within the stated period before giving a notice under subsection (2) .\n(sec.54-ssec.6) The notice under subsection (2) may also— disclose information given to the land access ombudsman by either party in relation to the land access dispute referral that is relevant to the possible offence; and include a copy of a notice given to the parties under section 51 (2) .\n- (a) the name of the party; and\n- (b) details of the possible offence; and\n- (c) the land access ombudsman recommends the investigation of the possible offence.\n- (a) stating the proposed action; and\n- (b) inviting the party to make a submission to the ombudsman, within a stated reasonable period, about the proposed action.\n- (a) disclose information given to the land access ombudsman by either party in relation to the land access dispute referral that is relevant to the possible offence; and\n- (b) include a copy of a notice given to the parties under section 51 (2) .","sortOrder":63},{"sectionNumber":"sec.55","sectionType":"section","heading":"Recommendation about offence against Environmental Protection Act 1994","content":"### sec.55 Recommendation about offence against Environmental Protection Act 1994\n\nThis section applies if, at any time after a land access dispute referral has been accepted, the land access ombudsman reasonably suspects a party to the land access dispute the subject of the referral who is a resource authority holder for a conduct and compensation agreement or a resource tenure holder for a make good agreement has committed, is committing, or is likely to commit, an offence against the Environmental Protection Act 1994 (the possible offence ).\nThe land access ombudsman may give the chief executive (environment protection) a notice stating—\nthe name of the party; and\ndetails of the possible offence; and\nthe land access ombudsman recommends the investigation of the possible offence.\nBefore taking action under subsection (2) , the land access ombudsman must give the party a notice—\nstating the proposed action; and\ninviting the party to make a submission to the ombudsman, within a stated reasonable period, about the proposed action.\nThe party may make submissions orally or in writing.\nThe land access ombudsman must have regard to any submissions made by the party within the stated period before giving a notice under subsection (2) .\nThe notice under subsection (2) may also—\ndisclose information provided to the ombudsman by either party in relation to the land access dispute referral that is relevant to the possible offence; and\ninclude a copy of a notice given to the parties under section 51 (2) .\ns 55 amd 2024 No. 33 s 58 (uncommenced amendment)\n(sec.55-ssec.1) This section applies if, at any time after a land access dispute referral has been accepted, the land access ombudsman reasonably suspects a party to the land access dispute the subject of the referral who is a resource authority holder for a conduct and compensation agreement or a resource tenure holder for a make good agreement has committed, is committing, or is likely to commit, an offence against the Environmental Protection Act 1994 (the possible offence ).\n(sec.55-ssec.2) The land access ombudsman may give the chief executive (environment protection) a notice stating— the name of the party; and details of the possible offence; and the land access ombudsman recommends the investigation of the possible offence.\n(sec.55-ssec.3) Before taking action under subsection (2) , the land access ombudsman must give the party a notice— stating the proposed action; and inviting the party to make a submission to the ombudsman, within a stated reasonable period, about the proposed action.\n(sec.55-ssec.4) The party may make submissions orally or in writing.\n(sec.55-ssec.5) The land access ombudsman must have regard to any submissions made by the party within the stated period before giving a notice under subsection (2) .\n(sec.55-ssec.6) The notice under subsection (2) may also— disclose information provided to the ombudsman by either party in relation to the land access dispute referral that is relevant to the possible offence; and include a copy of a notice given to the parties under section 51 (2) .\n- (a) the name of the party; and\n- (b) details of the possible offence; and\n- (c) the land access ombudsman recommends the investigation of the possible offence.\n- (a) stating the proposed action; and\n- (b) inviting the party to make a submission to the ombudsman, within a stated reasonable period, about the proposed action.\n- (a) disclose information provided to the ombudsman by either party in relation to the land access dispute referral that is relevant to the possible offence; and\n- (b) include a copy of a notice given to the parties under section 51 (2) .","sortOrder":64},{"sectionNumber":"sec.56","sectionType":"section","heading":"Advice about systemic issues","content":"### sec.56 Advice about systemic issues\n\nThis section applies if the land access ombudsman identifies a systemic issue relating to access to land arising from 1 or more land access dispute referrals.\nIf the land access ombudsman considers it appropriate, the ombudsman may—\nfor a systemic issue relating to a particular matter for which the chief executive of a department is responsible—advise that chief executive about the issue; or\nadvise a government entity about the systemic issue.\nThe advice—\nmust be in writing and state the systemic issue; and\nmay include the land access ombudsman’s opinion or advice about the issue; and\nmust not include information the ombudsman is satisfied is confidential and the disclosure of which might be detrimental to a person’s commercial interests.\ns 56 amd 2024 No. 33 s 59 (uncommenced amendment)\n(sec.56-ssec.1) This section applies if the land access ombudsman identifies a systemic issue relating to access to land arising from 1 or more land access dispute referrals.\n(sec.56-ssec.2) If the land access ombudsman considers it appropriate, the ombudsman may— for a systemic issue relating to a particular matter for which the chief executive of a department is responsible—advise that chief executive about the issue; or advise a government entity about the systemic issue.\n(sec.56-ssec.3) The advice— must be in writing and state the systemic issue; and may include the land access ombudsman’s opinion or advice about the issue; and must not include information the ombudsman is satisfied is confidential and the disclosure of which might be detrimental to a person’s commercial interests.\n- (a) for a systemic issue relating to a particular matter for which the chief executive of a department is responsible—advise that chief executive about the issue; or\n- (b) advise a government entity about the systemic issue.\n- (a) must be in writing and state the systemic issue; and\n- (b) may include the land access ombudsman’s opinion or advice about the issue; and\n- (c) must not include information the ombudsman is satisfied is confidential and the disclosure of which might be detrimental to a person’s commercial interests.","sortOrder":65},{"sectionNumber":"pt.5","sectionType":"part","heading":"Dealing with documents or information under this Act","content":"# Dealing with documents or information under this Act","sortOrder":66},{"sectionNumber":"sec.57","sectionType":"section","heading":"Document in land access ombudsman’s custody","content":"### sec.57 Document in land access ombudsman’s custody\n\nIf a document is produced to the land access ombudsman for an investigation, the ombudsman may—\nkeep it for a reasonable period to carry out the investigation; and\ntake extracts from or make copies of it.\nWhile the land access ombudsman has custody of the document, the ombudsman must allow it to be inspected at any reasonable time by a person who would have the right to inspect it if it were not in the ombudsman’s possession.\n(sec.57-ssec.1) If a document is produced to the land access ombudsman for an investigation, the ombudsman may— keep it for a reasonable period to carry out the investigation; and take extracts from or make copies of it.\n(sec.57-ssec.2) While the land access ombudsman has custody of the document, the ombudsman must allow it to be inspected at any reasonable time by a person who would have the right to inspect it if it were not in the ombudsman’s possession.\n- (a) keep it for a reasonable period to carry out the investigation; and\n- (b) take extracts from or make copies of it.","sortOrder":67},{"sectionNumber":"sec.58","sectionType":"section","heading":"Protection from liability for giving agreement to land access ombudsman","content":"### sec.58 Protection from liability for giving agreement to land access ombudsman\n\nThis section applies if—\na party to a conduct and compensation agreement or a make good agreement gives a copy of the agreement, or part of the agreement, to the land access ombudsman—\nbecause of a requirement under section 42 ; or\non the party’s own initiative; and\nthe agreement contains a condition prohibiting the disclosure of all or any part of the agreement.\nThe party does not incur any civil liability for breach of the condition by giving the agreement, or part of the agreement, to the land access ombudsman.\ns 58 sub 2024 No. 33 s 60 (uncommenced amendment)\n(sec.58-ssec.1) This section applies if— a party to a conduct and compensation agreement or a make good agreement gives a copy of the agreement, or part of the agreement, to the land access ombudsman— because of a requirement under section 42 ; or on the party’s own initiative; and the agreement contains a condition prohibiting the disclosure of all or any part of the agreement.\n(sec.58-ssec.2) The party does not incur any civil liability for breach of the condition by giving the agreement, or part of the agreement, to the land access ombudsman.\n- (a) a party to a conduct and compensation agreement or a make good agreement gives a copy of the agreement, or part of the agreement, to the land access ombudsman— (i) because of a requirement under section 42 ; or (ii) on the party’s own initiative; and\n- (i) because of a requirement under section 42 ; or\n- (ii) on the party’s own initiative; and\n- (b) the agreement contains a condition prohibiting the disclosure of all or any part of the agreement.\n- (i) because of a requirement under section 42 ; or\n- (ii) on the party’s own initiative; and","sortOrder":68},{"sectionNumber":"sec.59","sectionType":"section","heading":"Confidentiality requests","content":"### sec.59 Confidentiality requests\n\nThis section applies if a party to a conduct and compensation agreement or a make good agreement believes—\na document or information to be made available by the party to the land access ombudsman is confidential; or\nthe disclosure of a document or information to be made available by the party to the ombudsman might be detrimental to the party’s commercial activities.\nWhen giving the document or information to the land access ombudsman, the party may inform the ombudsman of the party’s belief.\ns 59 amd 2024 No. 33 s 61 (uncommenced amendment)\n(sec.59-ssec.1) This section applies if a party to a conduct and compensation agreement or a make good agreement believes— a document or information to be made available by the party to the land access ombudsman is confidential; or the disclosure of a document or information to be made available by the party to the ombudsman might be detrimental to the party’s commercial activities.\n(sec.59-ssec.2) When giving the document or information to the land access ombudsman, the party may inform the ombudsman of the party’s belief.\n- (a) a document or information to be made available by the party to the land access ombudsman is confidential; or\n- (b) the disclosure of a document or information to be made available by the party to the ombudsman might be detrimental to the party’s commercial activities.","sortOrder":69},{"sectionNumber":"sec.60","sectionType":"section","heading":"Secrecy","content":"### sec.60 Secrecy\n\nThis section applies to a person who—\nis, or has been, the land access ombudsman or an officer; and\nobtains confidential information in the course of, or because of, the person’s functions under this Act.\nThe person must not—\nmake a record of the information; or\nwhether directly or indirectly, disclose the information to a person; or\nuse the information to benefit any person.\nMaximum penalty—100 penalty units.\nHowever, subsection (2) does not apply to a person if the record is made, or the information is disclosed or used—\nin the performance of the person’s functions under this Act; or\nwith the consent of the person to whom the information relates; or\nas required by law.\nIn this section—\nconfidential information means information, other than information that is publicly available—\nabout a person’s personal affairs or reputation; or\nthat would be likely to damage the commercial activities of a person to whom the information relates.\n(sec.60-ssec.1) This section applies to a person who— is, or has been, the land access ombudsman or an officer; and obtains confidential information in the course of, or because of, the person’s functions under this Act.\n(sec.60-ssec.2) The person must not— make a record of the information; or whether directly or indirectly, disclose the information to a person; or use the information to benefit any person. Maximum penalty—100 penalty units.\n(sec.60-ssec.3) However, subsection (2) does not apply to a person if the record is made, or the information is disclosed or used— in the performance of the person’s functions under this Act; or with the consent of the person to whom the information relates; or as required by law.\n(sec.60-ssec.4) In this section— confidential information means information, other than information that is publicly available— about a person’s personal affairs or reputation; or that would be likely to damage the commercial activities of a person to whom the information relates.\n- (a) is, or has been, the land access ombudsman or an officer; and\n- (b) obtains confidential information in the course of, or because of, the person’s functions under this Act.\n- (a) make a record of the information; or\n- (b) whether directly or indirectly, disclose the information to a person; or\n- (c) use the information to benefit any person.\n- (a) in the performance of the person’s functions under this Act; or\n- (b) with the consent of the person to whom the information relates; or\n- (c) as required by law.\n- (a) about a person’s personal affairs or reputation; or\n- (b) that would be likely to damage the commercial activities of a person to whom the information relates.","sortOrder":70},{"sectionNumber":"pt.6","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":71},{"sectionNumber":"sec.61","sectionType":"section","heading":"Delegation","content":"### sec.61 Delegation\n\nThe land access ombudsman may delegate any of the ombudsman’s functions to an appropriately qualified officer.\nHowever, the land access ombudsman must not delegate the giving of advice, recommendations or reasons under section 51 (6) (b) .\nIn this section—\nfunctions includes powers.\n(sec.61-ssec.1) The land access ombudsman may delegate any of the ombudsman’s functions to an appropriately qualified officer.\n(sec.61-ssec.2) However, the land access ombudsman must not delegate the giving of advice, recommendations or reasons under section 51 (6) (b) .\n(sec.61-ssec.3) In this section— functions includes powers.","sortOrder":72},{"sectionNumber":"sec.62","sectionType":"section","heading":"Protection from liability","content":"### sec.62 Protection from liability\n\nThe land access ombudsman does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to the land access ombudsman, the liability instead attaches to the State.\nFor protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .\ns 62 amd 2022 No. 34 s 365 sch 3\n(sec.62-ssec.1) The land access ombudsman does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\n(sec.62-ssec.2) If subsection (1) prevents a civil liability attaching to the land access ombudsman, the liability instead attaches to the State.","sortOrder":73},{"sectionNumber":"sec.63","sectionType":"section","heading":"Annual report","content":"### sec.63 Annual report\n\nAs soon as practicable after the end of each financial year, but within 3 months after the end of the financial year, the land access ombudsman must prepare and give to the Minister a written report about the operation of the office during the year.\nWithout limiting subsection (1) , the report must include—\na description of the following matters for the year—\nland access dispute referrals made;\nland access dispute referrals that the land access ombudsman decided, under section 36 , not to investigate or continue to investigate;\nland access dispute referrals investigated;\nnotices given under section 51 ;\nnotices given to a chief executive under section 53 , 54 or 55 ; and\ndetails of other functions performed by the ombudsman or officers during the year.\nThe report must not be prepared in a way that discloses the identity of a party to a land access dispute.\nThe land access ombudsman must publish on the office’s website a copy of the report as soon as practicable after the report is given to the Minister.\ns 63 amd 2024 No. 33 s 62 (uncommenced amendment)\n(sec.63-ssec.1) As soon as practicable after the end of each financial year, but within 3 months after the end of the financial year, the land access ombudsman must prepare and give to the Minister a written report about the operation of the office during the year.\n(sec.63-ssec.2) Without limiting subsection (1) , the report must include— a description of the following matters for the year— land access dispute referrals made; land access dispute referrals that the land access ombudsman decided, under section 36 , not to investigate or continue to investigate; land access dispute referrals investigated; notices given under section 51 ; notices given to a chief executive under section 53 , 54 or 55 ; and details of other functions performed by the ombudsman or officers during the year.\n(sec.63-ssec.3) The report must not be prepared in a way that discloses the identity of a party to a land access dispute.\n(sec.63-ssec.4) The land access ombudsman must publish on the office’s website a copy of the report as soon as practicable after the report is given to the Minister.\n- (a) a description of the following matters for the year— (i) land access dispute referrals made; (ii) land access dispute referrals that the land access ombudsman decided, under section 36 , not to investigate or continue to investigate; (iii) land access dispute referrals investigated; (iv) notices given under section 51 ; (v) notices given to a chief executive under section 53 , 54 or 55 ; and\n- (i) land access dispute referrals made;\n- (ii) land access dispute referrals that the land access ombudsman decided, under section 36 , not to investigate or continue to investigate;\n- (iii) land access dispute referrals investigated;\n- (iv) notices given under section 51 ;\n- (v) notices given to a chief executive under section 53 , 54 or 55 ; and\n- (b) details of other functions performed by the ombudsman or officers during the year.\n- (i) land access dispute referrals made;\n- (ii) land access dispute referrals that the land access ombudsman decided, under section 36 , not to investigate or continue to investigate;\n- (iii) land access dispute referrals investigated;\n- (iv) notices given under section 51 ;\n- (v) notices given to a chief executive under section 53 , 54 or 55 ; and","sortOrder":74},{"sectionNumber":"sec.64","sectionType":"section","heading":"Approved forms","content":"### sec.64 Approved forms\n\nThe land access ombudsman may approve forms for use under this Act.","sortOrder":75},{"sectionNumber":"sec.65","sectionType":"section","heading":"Procedural guidelines","content":"### sec.65 Procedural guidelines\n\nThe land access ombudsman may make procedural guidelines about practices and procedures for land access dispute referrals and investigations under this Act.\nWithout limiting subsection (1) , a procedural guideline may be about what constitutes a reasonable attempt to resolve a dispute under section 32 (2) .\nA procedural guideline must not be inconsistent with this Act.\ns 65 amd 2024 No. 33 s 63 (uncommenced amendment)\n(sec.65-ssec.1) The land access ombudsman may make procedural guidelines about practices and procedures for land access dispute referrals and investigations under this Act.\n(sec.65-ssec.2) Without limiting subsection (1) , a procedural guideline may be about what constitutes a reasonable attempt to resolve a dispute under section 32 (2) .\n(sec.65-ssec.3) A procedural guideline must not be inconsistent with this Act.","sortOrder":76},{"sectionNumber":"sec.66","sectionType":"section","heading":"Regulation-making power","content":"### sec.66 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":77},{"sectionNumber":"pt.7","sectionType":"part","heading":"Transitional provision","content":"# Transitional provision","sortOrder":78},{"sectionNumber":"sec.67","sectionType":"section","heading":"Pre-commencement agreements may be referred and dealt with","content":"### sec.67 Pre-commencement agreements may be referred and dealt with\n\nA land access dispute referral may be made and dealt with under this Act even if—\nthe conduct and compensation agreement or make good agreement the subject of the referral was entered into before the commencement; or\nthe land access dispute the subject of the referral arose before the commencement.\nThis section applies subject to section 18.\n_____\npt 7 div 2 hdg ins 2024 No. 33 s 65 (uncommenced amendment)\nss 68–73 ins 2024 No. 33 s 66 (uncommenced amendment)\n(sec.67-ssec.1) A land access dispute referral may be made and dealt with under this Act even if— the conduct and compensation agreement or make good agreement the subject of the referral was entered into before the commencement; or the land access dispute the subject of the referral arose before the commencement.\n(sec.67-ssec.2) This section applies subject to section 18.\n- (a) the conduct and compensation agreement or make good agreement the subject of the referral was entered into before the commencement; or\n- (b) the land access dispute the subject of the referral arose before the commencement.","sortOrder":79}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":527},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of resolving land access disputes through an independent ombudsman. While there are uncommenced amendments from 2024, these appear to be refinements and expansions of existing functions rather than a fundamental shift in scope."},"complexity_factors":["Multiple cross-references to other Queensland Acts (Mineral and Energy Resources Act, Water Act, Environmental Protection Act, Coal Mining Safety and Health Act)","Nested conditional logic for entry powers — different consent requirements depending on whether land has coal mines, other mines, or operating plants with safety systems","Defined terms scattered across the Act and Schedule 1 dictionary (not fully shown)","Uncommenced amendments from 2024 create parallel drafting complexity","Multiple exceptions to confidentiality and disclosure obligations","Detailed procedural requirements for investigations with layered preconditions"],"plain_english_summary":"This Queensland Act creates an independent **Land Access Ombudsman** to help resolve disputes between landholders and resource companies.\n\n**What it does:**\n- Establishes an independent office to investigate and facilitate resolution of disputes about **conduct and compensation agreements** (between landholders and mining/gas companies) and **make good agreements** (about repairing water bores affected by resource activities)\n- The Ombudsman can investigate alleged breaches of these agreements, use alternative dispute resolution (like mediation), and make non-binding recommendations\n- Can refer suspected offences to relevant government departments\n- Can identify and advise on systemic issues affecting land access\n\n**Who it affects:**\n- **Landholders** (farmers, rural property owners) who have agreements with resource companies\n- **Resource companies** holding authorities to explore or extract minerals, petroleum or gas\n- **Bore owners** with make good agreements for water supply protection\n\n**Key features:**\n- The Ombudsman is independent — cannot be directed by government or anyone else about how to perform functions\n- Investigations are confidential and inadmissible in court without consent\n- Parties must attempt to resolve disputes themselves before referring to the Ombudsman\n- The Ombudsman can enter land with consent to investigate, but cannot take samples\n- Recommendations are not binding — parties can still go to court or arbitration\n\n**Why it matters:**\nThis provides a free, independent pathway for rural landholders to resolve disputes with mining and gas companies without immediately resorting to expensive litigation. It aims to level the playing field where there is often a power imbalance between individual landholders and large resource companies."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act’s core purpose—providing an independent, timely ADR and investigatory route for disputes about conduct and compensation agreements and make‑good agreements (s 3)—remains the governing focus. Recent amendments visible in the text mainly add administrative detail (office finance, staffing arrangements, identity‑card rules), refine investigatory mechanics (information/attendance powers, consent‑based entry processes, evidentiary use of outcome notices) and create formal links to regulators (ss 53–55). Those additions broaden operational detail and enforcement linkage but do not repurpose the Act away from its original dispute‑resolution objective. In short, the scope has expanded incrementally (administration, evidence, referrals to regulators) but not fundamentally changed beyond the Act’s original purpose."},"complexity_factors":["67 substantive sections (plus schedule references) with multiple subdivisions and cross‑references","Multiple defined terms and cross‑references to other statutes (Mineral and Energy Resources (Common Provisions) Act 2014; Water Act 2000; Environmental Protection Act 1994; various safety‑and‑health Acts)","Conditional logic and nested tests for entry to land (ss 45–50) with consent, multiple categories of affected persons (owners, occupiers, resource holders) and safety‑management exceptions","Several substantive discretionary powers (accept/refuse referrals s 36; investigation procedure s 41; referrals to regulators ss 53–55; systemic advice s 56) requiring procedural safeguards","Exceptions and exclusions to ombudsman jurisdiction (s 18) including matters in proceedings or departmental investigation, and minimum negotiation/cooling‑off periods","Evidentiary and confidentiality interplays: ADR confidentiality (s 41(5)), secrecy obligations (s 60), but admissibility of outcome notices in specified courts/arbitrations (s 52)","Penalties and compliance mechanisms (100 penalty units for non‑compliance ss 42–43; 20 units for identity card return s 29) combined with privileges and reasonable excuses","Delegation and administrative provisions that carve out non‑delegable duties (s 61) and detail appointment, term limits, remuneration and independence (ss 9–16)","Multiple uncommenced or recent amendments noted in text, increasing interpretive complexity about the current operative provisions"],"plain_english_summary":"**What this law does (mechanics)**\n\n- Creates an independent office and officer called the Land Access Ombudsman and the Office of the Land Access Ombudsman (ss 9, 23). The office is part of a government department for finance purposes (s 25). \n\n- Allows a party to certain land-access contracts to refer a dispute to the ombudsman after they have made a “reasonable attempt” to resolve it directly (ss 3, 32). The ombudsman decides whether to accept referrals and may direct a party to try again before accepting (ss 36–37). \n\n- Sets out what kinds of disputes the ombudsman deals with: alleged breaches of conduct and compensation agreements (between resource authority holders and private land owners/occupiers) and alleged breaches of make-good agreements (between resource tenure holders and bore owners) (s 7). \n\n- Gives the ombudsman a flexible investigation process focused on alternative dispute resolution (mediation, conciliation, case appraisal etc.). The ombudsman is not bound by the technical rules of evidence but must comply with natural justice and keep confidentiality (s 41). Information disclosed in ADR is generally not admissible in later court proceedings without consent (s 41(5)). \n\n- Powers to require documents or reasonable access to documents, and to require a party to attend a meeting and answer questions related to the investigation (with statutory maximum penalties for non-compliance). Reasonable excuses and privilege (including legal professional privilege and protection against self-incrimination for individuals) are recognised (ss 42–43). Maximum penalty for non‑compliance is 100 penalty units for the document or attendance requirements (ss 42–43). \n\n- Where the ombudsman reasonably suspects a regulator offence or authority breach during an accepted referral, the ombudsman may notify the relevant chief executive and recommend an investigation (ss 53–55). The ombudsman must give the party notice and invite submissions before doing so (ss 53(3)–(5)). \n\n- Where consent is given, the ombudsman may enter land that is the subject of the dispute and exercise necessary powers for the investigation. Entry requires consent from relevant owners/occupiers and compliance with certain procedural protections (s 45–50). The ombudsman may do incidental entry to ask for consent in limited public-access areas (s 47), must explain the purpose and rights before asking for consent (s 48), and may ask the person to sign a written acknowledgement (s 49). The ombudsman may not take physical samples from the land under s 50. Entry powers are subject to conditions of consent and cease if consent is withdrawn (s 45, s 50). \n\n- After an investigation the ombudsman must give parties a draft outcome notice, invite submissions, and then issue a final notice setting out either the resolution (if resolved) or non‑binding advice on merits, recommendations for resolution, and reasons (ss 51). Notices are advisory only and not binding (s 51(7)). However, such notices are admissible as evidence in specified Land Court proceedings and arbitrations (s 52). \n\n- Protects parties who give documents to the ombudsman from civil liability where agreements contain confidentiality or dispute-resolution clauses that would otherwise restrict referral or disclosure to the ombudsman (ss 34, 58). The ombudsman must maintain secrecy over confidential information, with limited exceptions for functions of the Act or law (s 60). \n\n- Provides administrative details: appointment, term limits, remuneration and independence of the ombudsman; delegation rules; staff appointment and identity-card rules; immunity for the ombudsman acting honestly and without negligence (ss 10–16, 61–62, 26–30). The ombudsman must publish an annual report with anonymised statistics about referrals and actions taken (s 63). The Governor in Council may make regulations and the ombudsman may make procedural guidelines (ss 65–66). \n\n**Who is affected**\n\n- Resource authority holders (mining, petroleum, gas, or other resource-tenure holders) and their successors/assigns when parties to conduct and compensation agreements; resource tenure holders who are party to make-good agreements; and private land owners, occupiers and bore owners who are parties to those agreements (s 7). \n\n- Departments and chief executives who administer Resource Acts, the Water Act and the Environmental Protection Act, because the ombudsman can refer suspected breaches to them (ss 53–55). \n\n- Parties to disputes who must engage with the ombudsman’s process, provide documents or attend meetings when required, and who bear their own costs of representation at ombudsman meetings (s 43). \n\n**Why it matters (claimed purpose and practical effects)**\n\n- The Act’s stated purpose is to “facilitate the timely resolution of disputes” about conduct and compensation agreements and make-good agreements (s 3). Mechanically, it does that by creating an independent, non‑binding ADR-focused investigator who can provide confidential advice, make recommendations, and, where necessary, refer suspected regulatory breaches to enforcement agencies (ss 16, 41, 51–55). \n\n- Who pays and who decides: the State funds and appoints the ombudsman and office (ss 9, 23, 25). The ombudsman, acting independently (s 17), decides whether to accept referrals, what procedure to follow (s 41(1)), whether to require documents or attendance (ss 42–43), whether to refer matters to regulators (ss 53–55) and what systemic advice to give government entities (s 56). Parties pay their own legal or representation costs when participating and may bear compliance costs if required to produce documents or attend (ss 42–43). \n\n- Effects on private choice, contracts and dispute pathways: the Act limits the enforceability of contract clauses that would stop a party from seeking the ombudsman (s 34), and protects parties who voluntarily supply agreements or parts of agreements to the ombudsman from civil liability for breaching confidentiality clauses (s 58). Notices and reports from the ombudsman are non‑binding but can be used as evidence in certain court or arbitration proceedings (s 52), so the ombudsman’s work can influence subsequent litigation or arbitration outcomes. \n\n**Costs, incentives, trade-offs and implementation considerations**\n\n- Compliance costs and penalties: parties can be required to provide documents or attend meetings and face a statutory penalty for non‑compliance (100 penalty units) unless they have a reasonable excuse or a privilege applies (ss 42–43). That creates a compliance burden for businesses to collect and disclose relevant material. \n\n- Incentive structure for dispute resolution: the ombudsman’s focus on ADR (s 41) creates incentives for early, less formal settlement. The requirement that parties make a reasonable attempt to resolve disputes before referral (s 32) encourages direct negotiation but also gives the ombudsman discretion to accept referrals even if a specific contractual dispute process was not used (s 36(3)). \n\n- Interaction with regulators and enforcement: the ombudsman can escalate to regulators if it reasonably suspects offences or breaches (ss 53–55). That creates an enforcement pathway linked to the investigatory process, increasing oversight risk for resource holders. The ombudsman must give the party notice and an opportunity to make submissions before referring (ss 53(3)–(5)). \n\n- Administrative discretion and implementation risk: the ombudsman has broad procedural discretion (s 41(1)), can consult technical experts and request government information (s 41(4)), and may advise government on systemic issues (s 56). These powers require sufficient resourcing, clear procedural guidelines (s 65) and internal independence safeguards to avoid inconsistent treatment of parties. \n\n- Confidentiality and evidentiary balance: ADR communications are protected from admission into proceedings without consent (s 41(5)), and the ombudsman must protect confidential commercial information (s 60). At the same time, outcome notices can be admitted in certain Land Court and arbitration proceedings (s 52), so some of the ombudsman’s work can influence formal dispute resolution. This is a deliberate trade‑off between encouraging frank ADR discussion and preserving useful documentary records for later legal processes. \n\n**Concrete mechanisms that shift behaviour or costs**\n\n- Parties are incentivised to attempt negotiation first (s 32) and to use the ombudsman’s ADR process (s 41) because referral and participation are protected from contract-based penalties (s 34) and confidentiality clauses do not prevent supplying material to the ombudsman (s 58). \n\n- Resource holders face an additional compliance and oversight channel: if the ombudsman suspects regulatory non‑compliance the matter may be referred to the relevant chief executive for investigation (ss 53–55), potentially triggering formal regulatory action. \n\n- The ombudsman’s notices—although not binding—are admissible evidence in certain proceedings (s 52), so participating parties should expect the ombudsman’s findings to have downstream legal relevance.\n\n**Implementation and compliance friction points to watch**\n\n- Capacity and timeliness depend on funding and staffing (ss 23, 25, 31). The statute gives broad powers but the practical speed of “timely resolution” depends on resourcing and procedural guidelines (s 65).\n\n- The ombudsman’s discretion about accepting referrals (s 36) and how “reasonable attempts” to resolve disputes are assessed (s 65) are areas where inconsistent practice could generate uncertainty for parties. The Act allows procedural guidelines but they must be published and consistent with the Act (s 65).\n\n- Entry powers are consent‑based and subject to conditions (ss 45–50); they are not coercive search powers but do create a process that requires careful documentation of consent (s 49) to avoid later disputes about lawfulness of entry.\n\nOverall, the Act establishes an independent ADR‑focused investigator with statutory information and attendance powers, confidentiality protections, the ability to refer suspected regulatory breaches to enforcement agencies, and limited evidentiary weight in later proceedings. That combination creates a lower‑formality route for resolving land‑access contract disputes while preserving links to formal regulatory and court/arbitral enforcement routes (see ss 3, 16, 41, 51–55)."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 2017 Act focused solely on conduct and compensation agreement disputes. Subsequent amendments (notably the 2019 amendment adding make good agreement disputes under the Water Act 2000) expanded the scope to cover bore owner disputes related to underground water impacts from resource extraction. Uncommenced 2024 amendments (No. 33) appear to further expand the Ombudsman's powers and office structure, suggesting ongoing broadening of scope beyond the original intent."},"complexity_factors":["Intersects with and cross-references multiple other Acts (Mineral and Energy Resources (Common Provisions) Act 2014, Water Act 2000, Environmental Protection Act 1994, Coal Mining Safety and Health Act 1999, Mining and Quarrying Safety and Health Act 1999, Petroleum and Gas (Production and Safety) Act 2004, Guardianship and Administration Act 2000, Financial Accountability Act 2009, Public Sector Act 2022, Acts Interpretation Act 1954)","Two distinct but parallel dispute streams (conduct and compensation agreements vs make good agreements) with different parties, rules and governing statutes","Complex consent and entry framework for dispute land, with different consent requirements depending on whether the land hosts a coal mine, mine or operating plant with safety management systems","Multiple layers of exclusion criteria for matters the Ombudsman cannot accept, including conditional definitions of what counts as a departmental investigation","Distinction between the Ombudsman's non-binding advisory role and the evidentiary use of their notices in subsequent Land Court proceedings or arbitration","Uncommenced amendments from 2024 (No. 33) scattered throughout the Act, creating uncertainty about current operative text","Privilege, confidentiality and self-incrimination carve-outs requiring nuanced application","Tiered referral, acceptance and refusal process with multiple decision points and procedural conditions","Recommendation powers to multiple different regulatory authorities depending on which legislation may have been breached"],"plain_english_summary":"The Land Access Ombudsman Act 2017 creates an independent, free dispute‑resolver for Queensland landowners, farmers and bore owners and the resource companies that access their land. The Ombudsman investigates complaints about conduct-and-compensation and make-good agreements, facilitates mediation/conciliation, issues non‑binding assessment notices, and can refer suspected regulatory breaches to agencies.\n\nIt cannot make binding decisions or handle matters already in court, but offers a faster, cheaper alternative to litigation with legal protections for participants."}},"importantCases":[],"_links":{"self":"/api/acts/land-access-ombudsman-act-2017","history":"/api/acts/land-access-ombudsman-act-2017/history","analysis":"/api/acts/land-access-ombudsman-act-2017/analysis","conflicts":"/api/acts/land-access-ombudsman-act-2017/conflicts","importantCases":"/api/acts/land-access-ombudsman-act-2017/important-cases","documents":"/api/acts/land-access-ombudsman-act-2017/documents"}}