sec.53Recommendation about Resource Act offence or resource authority breach

sec.53 Recommendation about Resource Act offence or resource authority breach

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 ). 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. 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. The party may make submissions orally or in writing. 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) . 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) . s 53 amd 2024 No. 33 s 56 (uncommenced amendment) (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 ). (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. (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. (sec.53-ssec.4) The party may make submissions orally or in writing. (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) . (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) .