sec.18What land access ombudsman can not deal with

sec.18 What land access ombudsman can not deal with

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. Also, the land access ombudsman can not investigate, or continue to investigate, a matter mentioned in subsection (1) . 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 . s 18 amd 2024 No. 33 s 44 (uncommenced amendment) (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. (sec.18-ssec.2) Also, the land access ombudsman can not investigate, or continue to investigate, a matter mentioned in subsection (1) . (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 .