sec.38Actions by land access ombudsman after refusal

sec.38 Actions by land access ombudsman after refusal

This section applies if the land access ombudsman refuses to accept a land access dispute referral. 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. Also, the land access ombudsman may, in relation to a matter arising from the land access dispute referral, refer the matter to a regulator. 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). (sec.38-ssec.1) This section applies if the land access ombudsman refuses to accept a land access dispute referral. (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. (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. (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).

• (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
• (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