236GDetermination of access management plan by Land and Environment Court

#### 236G Determination of access management plan by Land and Environment Court 236G Determination of access management plan by Land and Environment Court > > (1) If the Secretary has declined to make a determination under section 236F, either generally or in relation to a particular matter, either the landholder or the miners’ representative— > > > > > (a) may apply to the Land and Environment Court for a determination under this section, either generally or in relation to that matter, as the case may be, and > > > > > (b) in that event, must cause copies of the application to be served on the landholder or miner’s representative, as the case requires, and on the Secretary. > > > (2) On receiving such an application, the Land and Environment Court is to determine an access management plan for the land concerned, as required by the application. > > > (3) The Secretary is not a party to the proceedings before the Land and Environment Court, but may nevertheless make written submissions to the Court in relation to the proposed determination. > > > (4) In making a decision under this section, the Land and Environment Court must give consideration to any submissions made by the Secretary under subsection (3). > > > (5) On making a determination under this section, the Land and Environment Court is to cause copies of the determination to be served on the landholder and the miners’ representative. > > > (6) Each party to proceedings under this section is to bear his or her own costs in relation to the proceedings. > > **s 236G:** Ins 2004 No 75, Sch 1 \[32\]. Am 2008 No 19, Sch 1 \[203\]. Subst 2008 No 107, Sch 19 \[27\].