no. 3ci of 2017 a bill for - parliament of · pdf filei hereby certify that this public bill...

I hereby certify that this PUBLIC BILL has finally passed the Legislative Assem bly o f Queensland.

Legislative Assem bly Chamber, The Clerk o f the Parliament.

Brisbane,

In the name and on behalf o f the Queen, I assent to this Bill.

Government House,

Brisbane,

Queensland

No. 3ci of 2017 A BILL forAn Act to provide for a land access ombudsman to investigate and facilitate the resolution of disputes about conduct and compensation agreem ents and make good agreements, and to amend this Act, the Coal Mining Safety and Health Act 1999, the Integrity Act 2009, the Mineral and Energy Resources (Common Provisions) Act 2014, the Mineral Resources Regulation 2013, the Petroleum and Gas (Production and Safety) Act 2004 and the Public Service Act 2008 for particular purposes

Queensland

Land Access Ombudsman Bill 2017

Contents

Page

Part 1 Preliminary

Division 1 Introduction

1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

3 Purpose of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

4 How purpose is achieved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Division 2 Interpretation

6 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

7 What is a land access dispute . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

8 What is a land access dispute referral . . . . . . . . . . . . . . . . . . . . 10

Part 2 Land access ombudsman and office of the land access ombudsman

Division 1 Land access ombudsman

Subdivision 1 Appointment

9 Land access ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

10 Disqualification from appointment . . . . . . . . . . . . . . . . . . . . . . . . 10

11 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

12 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

13 Restriction on outside employment . . . . . . . . . . . . . . . . . . . . . . . 11

14 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

15 Vacancy of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Subdivision 2 Functions and powers

16 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

17 Obligations in performing functions . . . . . . . . . . . . . . . . . . . . . . . 13

18 What land access ombudsman can not deal with . . . . . . . . . . . . 13

19 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

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20 Land access ombudsman not subject to direction . . . . . . . . . . . 14

Subdivision 3 Miscellaneous

21 Preservation of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

22 Acting land access ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . 15

Division 2 Office of the Land Access Ombudsman

23 Office of the Land Access Ombudsman . . . . . . . . . . . . . . . . . . . 16

24 Control of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

25 Finances of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

26 Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

27 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

28 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . 17

29 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

30 Officers not subject to outside direction . . . . . . . . . . . . . . . . . . . 17

31 Alternative staffing arrangements . . . . . . . . . . . . . . . . . . . . . . . . 17

Part 3 Referral and investigation of land access disputes

Division 1 Referral of land access disputes

32 Land access dispute may be referred . . . . . . . . . . . . . . . . . . . . . 18

33 How land access dispute may be referred . . . . . . . . . . . . . . . . . 18

34 Protection from liability for referring land access dispute . . . . . . 19

35 Preliminary inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

36 Acceptance or refusal of referral . . . . . . . . . . . . . . . . . . . . . . . . . 19

37 Direction to make reasonable attempt to resolve . . . . . . . . . . . . 20

38 Actions by land access ombudsman after refusal . . . . . . . . . . . . 21

39 Withdrawal of land access dispute referral . . . . . . . . . . . . . . . . . 22

Division 2 Investigation of land access dispute referrals

Subdivision 1 General

40 Notice of investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

41 Investigation procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Subdivision 2 Powers to require information or attendance

42 Power to require particular information . . . . . . . . . . . . . . . . . . . . 24

43 Power to require attendance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Subdivision 3 Power to enter

44 Definitions for subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

45 Power to enter dispute land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

46 Application of ss 47–49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

47 Incidental entry to ask for access . . . . . . . . . . . . . . . . . . . . . . . . 28

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Authorised by the Parliamentary Counsel

Contents


48 Matters land access ombudsman must tell person . . . . . . . . . . . 29

49 Consent by acknowledgement . . . . . . . . . . . . . . . . . . . . . . . . . . 29

50 General powers of land access ombudsman after entering dispute land

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Part 4 Actions by land access ombudsman

51 Notice about outcome of investigation . . . . . . . . . . . . . . . . . . . . 31

52 Evidentiary provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

53 Recommendation about Resource Act offence or resource authority breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

54 Recommendation about offence against Water Act 2000 . . . . . . 34

55 Recommendation about offence against Environmental Protection Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

56 Advice about systemic issues . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Part 5 Dealing with documents or information under this Act

57 Document in land access ombudsman’s custody . . . . . . . . . . . . 37

58 Protection from liability for giving agreement to land access ombudsman

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

59 Confidentiality requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

60 Secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

Part 6 Miscellaneous provisions

61 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

62 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

63 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

64 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

65 Procedural guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

66 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Part 7 Transitional provision

67 Pre-commencement agreements may be referred and dealt with 41

Part 8 Amendment of legislation

Division 1 Amendment of this Act

68 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

69 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Division 2 Amendment of Coal Mining Safety and Health Act 1999

70 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

71 Insertion of new s 303A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

303A Requirement for joint interaction management plan by particular date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

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Division 3 Amendment of Integrity Act 2009

72 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

73 Amendment of sch 1 (Statutory office holders for section 72C) . 43

Division 4 Amendment of Mineral and Energy Resources (Common Provisions) Act 2014

74 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

75 Insertion of new s 99A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

99A Jurisdiction to decide alleged breach of conduct and compensation agreement . . . . . . . . . . . . . . . . . . . . . 44


148A Modification of particular provisions if preferred tenderer appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

77 Amendment of ch 7, hdg (Savings and transitional provisions) . 47


223A Existing consent given by reserve owner to exploration permit holder or mineral development licence holder . . . . . . 48


224A Continuing notifiable road use . . . . . . . . . . . . . . . . . . 49

80 Insertion of new ss 228D–228F . . . . . . . . . . . . . . . . . . . . . . . . . . 51

228D Land access requirements for particular applications under Mineral Resources Act not decided before commencement

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

228E Land access requirements for particular applications under Geothermal Act not decided before commencement 52

228F Land access requirements for relevant resource authorities applied for before commencement . . . . . . . . . . . . . . 53

81 Amendment of s 241A (Application for ML (coal) and application for PL both undecided before commencement) . . . . . . . . . . . . . . . . . . . 54

82 Replacement of ch 8 (Repeal of Coal and Oil Shale Mine Workers’ Superannuation Act 1989) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

Chapter 8 Transitional provision for Land Access Ombudsman Act 2017

244 Provision inserted into Act prevails over provision of transitional regulation . . . . . . . . . . . . . . . . . . . . . . . . 55

Division 5 Amendment of Mineral Resources Regulation 2013

83 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

84 Amendment of ch 4, pt 10, hdg (Transitional provision for Water Reform and Other Legislation Amendment Act 2014) . . . . . . . . . . . . . . . 56


111A Requirement for joint interaction management plan by

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Contents


particular date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

Division 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004

86 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

87 Amendment of s 844 (Amending applications) . . . . . . . . . . . . . . 57


990A Requirement for joint interaction management plan by particular date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58

Division 7 Amendment of Public Service Act 2008

89 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

90 Amendment of sch 1 (Public service offices and their heads) . . . 59

Schedule 1 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60

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2017

A Billfor
An Act to provide for a land access ombudsman to investigateand facilitate the resolution of disputes about conduct andcompensation agreements and make good agreements, and toamend this Act, the Coal Mining Safety and Health Act 1999, theIntegrity Act 2009, the Mineral and Energy Resources (CommonProvisions) Act 2014, the Mineral Resources Regulation 2013,the Petroleum and Gas (Production and Safety) Act 2004 and thePublic Service Act 2008 for particular purposes
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[s 1]

Land Access Ombudsman Bill 2017Part 1 Preliminary

The Parliament of Queensland enacts—

Part 1 Preliminary

Division 1 Introduction

1 Short title

This Act may be cited as the Land Access Ombudsman Act2017.

2 Commencement

(1) The following provisions commence on 28 September 2017—

(a) part 8, divisions 2, 5 and 6;

(b) part 8, division 4, other than section 75.

(2) The remaining provisions of this Act commence on a day tobe fixed by proclamation.

3 Purpose of Act

The purpose of this Act is to provide for a way to facilitate thetimely resolution of disputes between parties to conduct andcompensation agreements and parties to make goodagreements.

4 How purpose is achieved

The purpose is to be achieved mainly by—

(a) providing for the appointment of a land accessombudsman; and

(b) establishing the Office of the Land Access Ombudsman;and

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[s 5]

Land Access Ombudsman Bill 2017Part 1 Preliminary

(c) authorising the land access ombudsman to investigate,and facilitate the timely resolution of, disputes aboutconduct and compensation agreements and make goodagreements.

5 Act binds all persons

(1) This Act binds all persons, including the State.

(2) Nothing in this Act makes the State liable to be prosecuted foran offence.

Division 2 Interpretation

6 Definitions

The dictionary in schedule 1 defines particular words used inthis Act.

7 What is a land access dispute

A land access dispute is—

(a) a dispute about an alleged breach of a conduct andcompensation agreement between—

(i) the resource authority holder and the owner oroccupier of private land who entered into theagreement; or

(ii) the successors and assigns of a party to theagreement mentioned in subparagraph (i) that arebound by the agreement under the Mineral andEnergy Resources (Common Provisions) Act 2014,section 79; or

(b) a dispute about an alleged breach of a make goodagreement between—

(i) the resource tenure holder and the bore owner whoentered into the agreement; or

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[s 8]

Land Access Ombudsman Bill 2017Part 2 Land access ombudsman and office of the land access ombudsman

(ii) the successors and assigns of a party to theagreement mentioned in subparagraph (i) that arebound by the agreement under the Water Act 2000,section 422.

8 What is a land access dispute referral

A land access dispute referral is a referral, under part 3,division 1, of a land access dispute to the land accessombudsman.

Part 2 Land access ombudsman and office of the land access ombudsman

Division 1 Land access ombudsman

Subdivision 1 Appointment

9 Land access ombudsman

(1) There is to be a land access ombudsman.

(2) The land access ombudsman is appointed by the Governor inCouncil.

10 Disqualification from appointment

(1) A person is disqualified from becoming the land accessombudsman if the person—

(a) has a conviction for an indictable offence; or

(b) is an insolvent under administration; or

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[s 11]


(c) is guilty of misconduct of a type that could warrantdismissal from the public service if the ombudsmanwere an officer of the public service.

(2) In this section—

insolvent under administration see the Corporations Act,section 9.

11 Term of appointment

(1) The land access ombudsman holds office for the term stated inthe person’s appointment as land access ombudsman.

(2) The stated term must not be more than 3 years.

(3) The land access ombudsman may be reappointed.

(4) However, a person must not be reappointed if the total of theperson’s term of appointment would be more than 10 years.

12 Conditions of appointment

(1) The land access ombudsman is to be paid the remunerationand allowances decided by the Governor in Council.

(2) The remuneration must not be reduced during the land accessombudsman’s term of office without the ombudsman’s writtenconsent.

(3) The land access ombudsman is appointed under this Act andnot the Public Service Act 2008.

(4) The land access ombudsman is entitled to the leave of absencedecided by the Governor in Council.

13 Restriction on outside employment

The land access ombudsman must not, without the Minister’sapproval in each particular case—

(a) hold any office of profit other than that of land accessombudsman; or

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[s 14]


(b) engage in any remunerative employment or undertakingoutside the duties of that office.

14 Termination of appointment

(1) The Governor in Council may terminate the appointment ofthe land access ombudsman if—

(a) the ombudsman contravenes section 13; or

(b) the ombudsman can not perform the functions of theombudsman because of physical or mental incapacity.

(2) The Acts Interpretation Act 1954, section 25(1)(b)(i) to (iii)does not apply for the land access ombudsman.

15 Vacancy of office

The office of land access ombudsman becomes vacant if—

(a) the land access ombudsman—

(i) completes a term of office; or

(ii) would be disqualified from becoming the landaccess ombudsman under section 10(1); or

(iii) resigns by notice given to the Minister; or

(b) the land access ombudsman’s appointment is terminatedunder section 14(1).

Subdivision 2 Functions and powers

16 Functions

The land access ombudsman has the following functions—

(a) to investigate, and facilitate the timely resolution of,land access disputes;

(b) to refer or recommend to departments the investigationof—

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[s 17]


(i) possible offences under section 53, 54 or 55; or

(ii) possible breaches, relating to access to land, ofresource authorities;

(c) to identify, and advise government entities about,systemic issues arising from land access disputes;

(d) to promote public awareness of the ombudsman’sfunctions under paragraphs (a) to (c);

(e) other functions conferred on the ombudsman under thisAct or another Act.

17 Obligations in performing functions

The land access ombudsman must, in performing theombudsman’s functions, act independently and impartially.

18 What land access ombudsman can not deal with

(1) The land access ombudsman can not accept a land accessdispute referral about any of the following matters—

(a) a conduct and compensation agreement or make goodagreement not yet entered into;

(b) a conduct and compensation agreement while subject toa minimum negotiation period under the Mineral andEnergy Resources (Common Provisions) Act 2014,section 87;

(c) a make good agreement the subject of a cooling-offperiod under the Water Act 2000, section 423A;

(d) the content of legislation or government policies;

(e) a decision made by Cabinet, a Minister or a chiefexecutive;

(f) a matter that is or has been the subject of a proceedingor an arbitration;

(g) a matter that is, or has been, the subject of aninvestigation by a department.

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[s 19]


(2) Also, the land access ombudsman can not investigate, orcontinue to investigate, a matter mentioned in subsection (1).

(3) For subsection (1)(g), a matter is, or has been, the subject ofan investigation by a department if the matter—

(a) is being, or was, investigated by the department todecide whether or not to take compliance action againsta person under the Environmental Protection Act 1994, aResource Act or the Water Act 2000, chapter 3; or

(b) is, or was, the subject of compliance action by thedepartment under the Environmental Protection Act1994, a Resource Act or the Water Act 2000, chapter 3;or

(c) is, or was, the subject of a decision by the departmentnot to take compliance action under the EnvironmentalProtection Act 1994, a Resource Act or the Water Act2000, chapter 3.

19 General powers

The land access ombudsman has power to do all thingsnecessary or convenient to be done in performing theombudsman’s functions.

20 Land access ombudsman not subject to direction

The land access ombudsman is not subject to direction byanyone about—

(a) the way the ombudsman performs the ombudsman’sfunctions; or

(b) the priority given to investigations of land access disputereferrals; or

(c) an action taken under part 4.

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[s 21]


Subdivision 3 Miscellaneous

21 Preservation of rights

(1) This section applies if an officer of the public service isappointed as the land access ombudsman.

(2) The person keeps all rights accrued or accruing to the personas an officer of the public service as if service as the landaccess ombudsman were a continuation of service as a publicservice officer.

(3) At the end of the person’s term of office or resignation as theland access ombudsman the person’s service as the landaccess ombudsman is taken to be service of a like nature in thepublic service for deciding the person’s rights as an officer ofthe public service.

22 Acting land access ombudsman

(1) The Minister may appoint a person to act as the land accessombudsman during—

(a) any vacancy, or all vacancies, in the office; or

(b) any period, or all periods, when the land accessombudsman is absent from duty, or can not, for anotherreason, perform the duties of the office.

(2) However, the person can not be appointed for more than 6months in any 12 month period.

(3) The acting land access ombudsman is appointed under thisAct and not the Public Service Act 2008.

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[s 23]


Division 2 Office of the Land Access Ombudsman

23 Office of the Land Access Ombudsman

(1) An office called the Office of the Land Access Ombudsman isestablished.

(2) The office’s function is to help the land access ombudsmanperform the ombudsman’s functions.

(3) The office consists of the land access ombudsman and theofficers of the office.

24 Control of office

The land access ombudsman controls the office.

25 Finances of office

The office is part of the department for the FinancialAccountability Act 2009.

26 Officers

Officers of the office are appointed under the Public ServiceAct 2008.

27 Issue of identity card

(1) The land access ombudsman must issue an identity card toeach officer.

(2) The identity card must—

(a) contain a recent photo of the officer; and

(b) contain a copy of the officer’s signature; and

(c) identify the person as an officer under this Act; and

(d) state an expiry date for the card.

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[s 28]


28 Production or display of identity card

(1) In exercising a power in relation to another person in the otherperson’s presence, an officer must—

(a) produce the officer’s identity card for the other person’sinspection before exercising the power; or

(b) have the identity card displayed so it is clearly visible tothe other person when exercising the power.

(2) However, if it is not practicable to comply with subsection (1),the officer must produce the identity card for the otherperson’s inspection at the first reasonable opportunity.

29 Return of identity card

If the office of a person as an officer ends, the person mustreturn the person’s identity card to the land accessombudsman within 21 days after the office ends unless theperson has a reasonable excuse.

Maximum penalty—20 penalty units.

30 Officers not subject to outside direction

An officer is not subject to direction by anyone, other thanfrom within the office, about—

(a) the way the land access ombudsman’s powers in relationto an investigation under this Act are to be exercised; or

(b) the priority given to investigations.

31 Alternative staffing arrangements

(1) The land access ombudsman may arrange with the chiefexecutive of a government entity for the services of officers oremployees, or the facilities, of the entity to be made availableto the ombudsman.

(2) An officer or employee whose services are made availableunder subsection (1)—

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[s 32]

Land Access Ombudsman Bill 2017Part 3 Referral and investigation of land access disputes

(a) continues to be an officer or employee of the entity; and

(b) continues to be employed or otherwise engaged by theentity on the same terms and conditions applying to theofficer or employee before the services were madeavailable; and

(c) is, for the period the services are made available and forthe carrying out of the ombudsman’s functions, taken tobe an officer of the office of the land accessombudsman.

Part 3 Referral and investigation of land access disputes

Division 1 Referral of land access disputes

32 Land access dispute may be referred

(1) A party to a land access dispute may refer the dispute to theland access ombudsman.

(2) However, a party to a land access dispute may not refer thedispute unless the party has made a reasonable attempt toresolve the dispute with the other party to the dispute.

(3) A land access dispute may not be referred for a party byanother person, unless the party is a person with impairedcapacity.


impaired capacity has the meaning under the Guardianshipand Administration Act 2000.

33 How land access dispute may be referred

(1) A land access dispute may be referred to the land accessombudsman orally or in the approved form.

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[s 34]


(2) However, the land access ombudsman may refuse toinvestigate or continue to investigate a land access disputereferred orally until the referral is made in the approved form.

(3) The land access ombudsman may assist a party to refer a landaccess dispute if the party asks for assistance.

34 Protection from liability for referring land access dispute

(1) This section applies if—

(a) a party refers a land access dispute to the land accessombudsman; and

(b) the conduct and compensation agreement or make goodagreement the subject of the dispute contains acondition about a dispute resolution process other thanthe process under this Act (a dispute resolutioncondition).

(2) The party does not incur any civil liability for breach of thedispute resolution condition for referring the land accessdispute to the land access ombudsman.

35 Preliminary inquiry

(1) The land access ombudsman may make reasonably necessaryinquiries to decide whether a land access dispute referralshould be accepted.

(2) The parties to the land access dispute must give the landaccess ombudsman reasonable help in the conduct of theinquiries.

36 Acceptance or refusal of referral

(1) If a party (the referring party) refers a land access dispute tothe land access ombudsman, the ombudsman may—

(a) accept the land access dispute referral; or

(b) refuse to accept the land access dispute referral; or

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[s 37]


(c) give a direction under section 37 in relation to the landaccess dispute referral.

(2) The land access ombudsman must refuse to accept the landaccess dispute referral if—

(a) the referral is about a matter mentioned in section 18(1);or

(b) the ombudsman is satisfied—

(i) the referring party has not complied with section32(2); or

(ii) the land access dispute referral is frivolous orvexatious 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 thematter the subject of the land access dispute isunnecessary or unjustifiable; or

(c) the referring party has not given the ombudsmanreasonable help as required under section 35(2).

(3) For subsection (2)(b)(i), the land access ombudsman may besatisfied the referring party has complied with section 32(2)regardless of whether the referring party has used, orattempted to use—

(a) for a conduct and compensation agreement—the disputeresolution process, if any, in the agreement; or

(b) for a make good agreement—

(i) the dispute resolution process, if any, in theagreement; or

(ii) the process under the Water Act 2000, chapter 3,part 5, division 4.

37 Direction to make reasonable attempt to resolve

(1) This section applies if the land access ombudsman is satisfieda referring party has not complied with section 32(2).

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[s 38]


(2) Instead of refusing to accept the land access dispute referral,the land access ombudsman may direct the referring party tomake a reasonable attempt to resolve the land access disputewith the other party.

(3) If, after giving a direction under subsection (2), the landaccess ombudsman is satisfied the referring party has made areasonable attempt to resolve the land access dispute, theombudsman may accept the referral.

38 Actions by land access ombudsman after refusal

(1) This section applies if the land access ombudsman refuses toaccept a land access dispute referral.

(2) The land access ombudsman must, as soon as practicable, in away the ombudsman considers appropriate, give the referringparty notice of the decision and reasons for the decision.

(3) Also, the land access ombudsman may, in relation to a matterarising from the land access dispute referral, refer the matterto a regulator.


land access code see the Mineral and Energy Resources(Common Provisions) Act 2014, section 36.

regulator means—

(a) for a matter about a requirement under a ResourceAct—the chief executive of the department in which theResource Act is administered; or

(b) for a matter about a condition of a resourceauthority—the chief executive of the department inwhich the relevant Resource Act for the resourceauthority is administered; or

(c) for a matter about a mandatory condition of a landaccess code—the chief executive (natural resources andmines); or

(d) for a matter about a requirement under theEnvironmental Protection Act 1994 or a condition of an

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[s 39]


environmental authority—the chief executive(environment protection); or

(e) for a matter about a requirement under the Water Act2000, chapter 3—the chief executive (water).

39 Withdrawal of land access dispute referral

(1) A referring party may, by notice given to the land accessombudsman, withdraw the party’s land access dispute referral.

(2) In withdrawing the referral the party must comply with anyrequirements for the withdrawal under a procedural guidelinemade under section 65.

(3) The land access ombudsman must, as soon as practicable afterreceiving the notice, give the other party to the land accessdispute notice of the withdrawal.

Division 2 Investigation of land access dispute referrals

Subdivision 1 General

40 Notice of investigation

(1) If the land access ombudsman decides to accept a land accessdispute 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 thereferral.

(2) The investigation notice must state—

(a) the subject of the land access dispute referral; and

(b) sufficient details to identify the referring party and theland the subject of the referral; and

(c) when the ombudsman proposes to start to investigate theland access dispute referral.

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[s 41]


(3) The notice need not be given if the land access dispute referralhas been withdrawn.

(4) The land access ombudsman may give the informationmentioned in subsection (2) to the other party orally beforegiving the investigation notice.

41 Investigation procedure

(1) Subject to this Act, the procedure for investigating a landaccess dispute referral is the procedure decided by the landaccess ombudsman.

(2) If practicable, the procedure must involve an alternativedispute resolution process to resolve the land access dispute.

(3) The alternative dispute resolution process—

(a) may be a process of any type, including, for example,case appraisal, conciliation or mediation; and

(b) must not bind the parties.

(4) The land access ombudsman, in carrying out aninvestigation—

(a) is not bound by the rules of evidence, but must complywith natural justice; and

(b) may, but is not required to, hold meetings and conductinterviews for the investigation; and

(c) may make inquiries the ombudsman considersappropriate, including consulting with an entity withrelevant technical expertise about the land accessdispute referral and requesting information fromgovernment entities relevant to a land access disputereferral; and

(d) may advise each party about the merits of their positionin relation to the land access dispute referral; and

(e) may, if the ombudsman considers a party would benefitfrom health advice, treatment or care, provide the party

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[s 42]


with information about entities that provide the advice,treatment or care; and

(f) must act in a way that is fair, reasonable, just, timely andmaintains confidentiality.

(5) Nothing said by a person to the land access ombudsman or anofficer in an alternative dispute resolution process during aninvestigation is admissible in evidence in a proceedingwithout the person’s consent.

Subdivision 2 Powers to require information or attendance

42 Power to require particular information

(1) If a land access dispute referral has been accepted by the landaccess ombudsman, the ombudsman may, by notice given to aparty to the land access dispute the subject of the referral,require the party to give the ombudsman—

(a) a stated document or information at a stated reasonabletime and place; or

(b) access to a stated document or information.

(2) A requirement under subsection (1) may relate only todocuments or information related to the investigation of theland access dispute referral.

(3) A requirement under subsection (1) may be included in aninvestigation notice.

(4) A party of whom a requirement is made under subsection (1)must comply with the requirement unless the party has areasonable excuse.


(5) It is a reasonable excuse for a party not to comply with therequirement if—

(a) the document or information is not in the party’spossession or control; or

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[s 43]


(b) the document or information is in another person’spossession and—

(i) the party has taken all reasonable steps to obtainthe document or information from the otherperson; and

(ii) the other person has not given it to the party; or

(c) the party is an individual and complying with therequirement might tend to incriminate the individual orexpose the individual to a penalty.

(6) A party is not obliged to disclose a document or informationunder this section if the document or information—

(a) is protected by legal professional privilege; or

(b) is a communication of an admission made by a partybefore the land access referral was made, and in thecourse of negotiations to attempt to settle the land accessdispute between the parties.

43 Power to require attendance

(1) If a land access dispute referral has been accepted by the landaccess ombudsman, the ombudsman may, by notice given to aparty to the land access dispute the subject of the referral,require the party to—

(a) attend a meeting with the land access ombudsman at astated reasonable time and place; and

(b) answer questions, related to the investigation of the landaccess dispute referral, asked by the ombudsman.

(2) A party of whom a requirement is made under subsection (1)must comply with the requirement unless the party has areasonable excuse.


(3) It is a reasonable excuse for a party who is an individual to failto answer a question if answering the question might tend to

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[s 44]


incriminate the individual or expose the individual to apenalty.

(4) A party may be represented by someone at a meeting onlywith the leave of the land access ombudsman.

(5) The land access ombudsman must not unreasonably withholdleave for a party to be represented at a meeting.

(6) A party must bear the party’s own costs of representation for ameeting.

Subdivision 3 Power to enter

44 Definitions for subdivision

In this subdivision—

coal mine see the Coal Mining Safety and Health Act 1999,section 9.

dispute land see section 45(1) and (2).

mine see the Mining and Quarrying Safety and Health Act1999, section 9.

operating plant see the Petroleum and Gas (Production andSafety) Act 2004, section 670.

safety and health management system—

(a) for a coal mine, see the Coal Mining Safety and HealthAct 1999, schedule 3, definition safety and healthmanagement system, first mention; or

(b) for a mine, see the Mining and Quarrying Safety andHealth Act 1999, schedule 2.

safety management system, for an operating plant, see thePetroleum and Gas (Production and Safety) Act 2004,schedule 2.

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[s 45]


45 Power to enter dispute land

(1) If a land access dispute referral about a conduct andcompensation agreement has been accepted by the land accessombudsman, the ombudsman may enter land the subject of theagreement (the dispute land) if—

(a) the party to the land access dispute who is an owner oroccupier of the dispute land consents under thissubdivision to the entry and section 48 has beencomplied with for the party; and

(b) any owner of the dispute land who is not a party to theland access dispute consents under this subdivision tothe entry and section 48 has been complied with for theowner; and

(c) any occupier of the dispute land who is not a party to theland access dispute consents under this subdivision tothe entry and section 48 has been complied with for theoccupier; and

(d) for dispute land on which there is a coal mine with asafety and health management system for the coalmine—

(i) the party to the land access dispute who is theresource authority holder consents under thissubdivision to the entry; and

(ii) section 48 has been complied with for the party;and

(e) for dispute land on which there is a mine with a safetyand health management system for the mine—


(ii) section 48 has been complied with for the party;and

(f) for dispute land on which there is an operating plantwith a safety management system for the operatingplant—

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[s 46]



(ii) section 48 has been complied with for the party.

(2) If a land access dispute referral about a make good agreementhas been accepted by the land access ombudsman, theombudsman may enter land the subject of the agreement (alsothe dispute land) if—

(a) the party to the land access dispute who is the boreowner consents under this subdivision to the entry andsection 48 has been complied with for the party; and

(b) any owner of the dispute land who is not a party to theland access dispute consents under this subdivision tothe entry and section 48 has been complied with for theowner; and

(c) any occupier of the dispute land who is not a party to theland access dispute consents under this subdivision tothe entry and section 48 has been complied with for theoccupier.

(3) The power to enter dispute land under this section is subject toany conditions of a consent given for the entry and ceases ifthe consent is withdrawn.

46 Application of ss 47–49

Sections 47 to 49 apply if the land access ombudsman intendsto ask a person to consent to the ombudsman entering disputeland under section 45.

47 Incidental entry to ask for access

(1) For the purpose of asking a person for consent, the land accessombudsman may, without the person’s consent—

(a) enter land around premises on the dispute land to anextent that is reasonable to contact the person; or

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[s 48]


(b) enter part of the dispute land the ombudsman reasonablyconsiders members of the public ordinarily are allowedto enter when they wish to contact an occupier of thedispute land.


premises includes—

(a) a building or other structure; and

(b) a part of a building or other structure; and

(c) a caravan or vehicle; and

(d) a cave or tent; and

(e) premises held under more than 1 title or by more than 1owner.

48 Matters land access ombudsman must tell person

Before asking for the consent, the land access ombudsmanmust give a reasonable explanation to the person—

(a) about the purpose of the entry, including the powersintended to be exercised; and

(b) that the person is not required to consent; and

(c) that the consent may be given subject to conditions andmay be withdrawn at any time.

49 Consent by acknowledgement

(1) If the consent is given, the land access ombudsman may askthe person to sign an acknowledgement of the consent.

(2) The acknowledgement must state—

(a) the purpose of the entry, including the powers to beexercised; and

(b) the following has been explained to the person—

(i) the purpose of the entry, including the powersintended to be exercised;

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[s 50]


(ii) that the person is not required to consent;

(iii) that the consent may be given subject to conditionsand may be withdrawn at any time; and

(c) the person gives the land access ombudsman consent toenter the land and exercise the powers; and

(d) the time and day the consent was given; and

(e) any conditions of the consent.

(3) If the person signs the acknowledgement, the land accessombudsman must immediately give a copy to the person.

(4) If—

(a) an issue arises in a proceeding about whether the personconsented to the entry; and

(b) an acknowledgement complying with subsection (2) forthe entry is not produced in evidence;

the onus of proof is on the person relying on the lawfulness ofthe entry to prove the party consented.

50 General powers of land access ombudsman after entering dispute land

(1) If the land access ombudsman enters dispute land undersection 45, the ombudsman may do anything on the disputeland that is reasonably necessary for performing theombudsman’s function under section 16(a).

(2) However—

(a) the power under subsection (1) is subject to anyconditions of the consent; and

(b) the land access ombudsman may not take forexamination a thing, or a sample of or from a thing, onthe dispute land.

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[s 51]

Land Access Ombudsman Bill 2017Part 4 Actions by land access ombudsman

Part 4 Actions by land access ombudsman

51 Notice about outcome of investigation

(1) This section applies to an investigation of a land accessdispute referral unless—

(a) the investigation has been discontinued because ofsection 18(2); or

(b) the land access dispute referral has been withdrawn; or

(c) the land access dispute the subject of the referral hasbeen resolved between the parties other than by way ofinvestigation by the land access ombudsman under thisAct.

(2) After finishing the investigation, the land access ombudsmanmust give the parties a notice about the investigation.

(3) Before the land access ombudsman gives a notice undersubsection (2), the ombudsman must—

(a) give the parties a draft of the notice; and

(b) invite the parties to make submissions to theombudsman, within a stated reasonable period, aboutthe draft of the notice.

(4) A party may make submissions orally or in writing.

(5) The land access ombudsman must have regard to anysubmissions made by the parties within the stated periodbefore giving a notice under subsection (2).

(6) The notice under subsection (2) must include—

(a) if the land access dispute referral is resolved as a resultof the investigation—the details of the resolution of thedispute; or

(b) if the land access dispute referral is not resolved as aresult of the investigation—

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[s 52]


(i) advice about the merits of the parties’ positions inthe land access dispute referral; and

(ii) recommendations about how the land accessdispute referral could be resolved; and

(iii) reasons for the advice and recommendationsmentioned in subparagraphs (i) and (ii).

(7) The notice is not binding on the parties and is by way ofinformation or advice only to the parties.

(8) Subsection (9) applies if—

(a) a party has given the land access ombudsman adocument or information for an inquiry under section 35about, or an investigation into, a land access disputereferral; and

(b) the ombudsman relied on the document or informationto decide the land access dispute referral; and

(c) the ombudsman is satisfied the document or informationis confidential and that disclosing it might bedetrimental to the party’s commercial interests.

(9) The land access ombudsman must, in giving reasons undersubsection (6)(b)(iii), state that the ombudsman has relied on aconfidential document or information given by the party,without disclosing what that document or information is.

52 Evidentiary provision

(1) A notice given by the land access ombudsman under section51 for a land access dispute referral about a conduct andcompensation agreement is admissible in a proceeding aboutthe agreement before the Land Court under the Mineral andEnergy Resources (Common Provisions) Act 2014, section99A, as evidence of the matters in the notice.

(2) A notice given by the land access ombudsman under section51 for a land access dispute referral about a make goodagreement is admissible in a proceeding about the agreement

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[s 53]


before the Land Court under the Water Act 2000, section 434,as evidence of the matters in the notice.

(3) A notice given by the land access ombudsman under section51 for a land access dispute referral about a conduct andcompensation agreement or a make good agreement isadmissible in an arbitration about the agreement as evidenceof the matters in the notice.

53 Recommendation about Resource Act offence or resource authority breach

(1) This section applies if, at any time after a land access disputereferral has been accepted, the land access ombudsmanreasonably suspects a party to the land access dispute thesubject of the referral who is a resource authority holder for aconduct and compensation agreement or a resource tenureholder for a make good agreement—

(a) has committed, is committing, or is likely to commit, anoffence against a Resource Act (the possible offence);or

(b) has breached, is breaching, or is likely to breach, acondition of a resource authority that relates to landaccess (the possible authority breach).

(2) The land access ombudsman may give the chief executive(natural resources and mines) a notice stating—

(a) the name of the party; and

(b) details of the possible offence or possible authoritybreach; and

(c) the land access ombudsman recommends theinvestigation of the possible offence or possibleauthority breach.

(3) Before taking action under subsection (2), the land accessombudsman must give the party a notice—

(a) stating the proposed action; and

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[s 54]


(b) inviting the party to make a submission to theombudsman, within a stated reasonable period, aboutthe proposed action.

(4) The party may make submissions orally or in writing.

(5) The land access ombudsman must have regard to anysubmissions made by the party within the stated period beforegiving a notice under subsection (2).

(6) The notice under subsection (2) may also—

(a) disclose information given to the land accessombudsman by either party in relation to the land accessdispute referral that is relevant to the possible offence orpossible authority breach; and

(b) include a copy of a notice given to the parties undersection 51(2).

54 Recommendation about offence against Water Act 2000

(1) This section applies if, at any time after a land access disputereferral has been accepted, the land access ombudsmanreasonably suspects a party to the land access dispute thesubject of the referral who is a resource authority holder for aconduct and compensation agreement or a resource tenureholder for a make good agreement has committed, iscommitting, or is likely to commit, an offence against theWater Act 2000, chapter 3 (the possible offence).

(2) The land access ombudsman may give the chief executive(water) a notice stating—


(b) details of the possible offence; and

(c) the land access ombudsman recommends theinvestigation of the possible offence.



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[s 55]






(a) disclose information given to the land accessombudsman by either party in relation to the land accessdispute referral that is relevant to the possible offence;and


55 Recommendation about offence against Environmental Protection Act 1994

(1) This section applies if, at any time after a land access disputereferral has been accepted, the land access ombudsmanreasonably suspects a party to the land access dispute thesubject of the referral who is a resource authority holder for aconduct and compensation agreement or a resource tenureholder for a make good agreement has committed, iscommitting, or is likely to commit, an offence against theEnvironmental Protection Act 1994 (the possible offence).

(2) The land access ombudsman may give the chief executive(environment protection) a notice stating—


(b) details of the possible offence; and

(c) the land access ombudsman recommends theinvestigation of the possible offence.



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[s 56]






(a) disclose information provided to the ombudsman byeither party in relation to the land access dispute referralthat is relevant to the possible offence; and


56 Advice about systemic issues

(1) This section applies if the land access ombudsman identifies asystemic issue relating to access to land arising from 1 ormore land access dispute referrals.

(2) If the land access ombudsman considers it appropriate, theombudsman may—

(a) for a systemic issue relating to a particular matter forwhich the chief executive of a department isresponsible—advise that chief executive about the issue;or

(b) advise a government entity about the systemic issue.

(3) The advice—

(a) must be in writing and state the systemic issue; and

(b) may include the land access ombudsman’s opinion oradvice about the issue; and

(c) must not include information the ombudsman issatisfied is confidential and the disclosure of whichmight be detrimental to a person’s commercial interests.

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[s 57]

Land Access Ombudsman Bill 2017Part 5 Dealing with documents or information under this Act

Part 5 Dealing with documents or information under this Act

57 Document in land access ombudsman’s custody

(1) If a document is produced to the land access ombudsman foran investigation, the ombudsman may—

(a) keep it for a reasonable period to carry out theinvestigation; and

(b) take extracts from or make copies of it.

(2) While the land access ombudsman has custody of thedocument, the ombudsman must allow it to be inspected atany reasonable time by a person who would have the right toinspect it if it were not in the ombudsman’s possession.

58 Protection from liability for giving agreement to land access ombudsman


(a) a party to a conduct and compensation agreement or amake good agreement gives a copy of the agreement, orpart 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

(b) the agreement contains a condition prohibiting thedisclosure of all or any part of the agreement.

(2) The party does not incur any civil liability for breach of thecondition by giving the agreement, or part of the agreement,to the land access ombudsman.

59 Confidentiality requests

(1) This section applies if a party to a conduct and compensationagreement or a make good agreement believes—

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[s 60]

Land Access Ombudsman Bill 2017Part 5 Dealing with documents or information under this Act

(a) a document or information to be made available by theparty to the land access ombudsman is confidential; or

(b) the disclosure of a document or information to be madeavailable by the party to the ombudsman might bedetrimental to the party’s commercial activities.

(2) When giving the document or information to the land accessombudsman, the party may inform the ombudsman of theparty’s belief.

60 Secrecy

(1) This section applies to a person who—

(a) is, or has been, the land access ombudsman or anofficer; and

(b) obtains confidential information in the course of, orbecause of, the person’s functions under this Act.

(2) The person must not—

(a) make a record of the information; or

(b) whether directly or indirectly, disclose the informationto a person; or

(c) use the information to benefit any person.


(3) However, subsection (2) does not apply to a person if therecord is made, or the information is disclosed or used—

(a) in the performance of the person’s functions under thisAct; or

(b) with the consent of the person to whom the informationrelates; or

(c) as required by law.


confidential information means information, other thaninformation that is publicly available—

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[s 61]

Land Access Ombudsman Bill 2017Part 6 Miscellaneous provisions

(a) about a person’s personal affairs or reputation; or

(b) that would be likely to damage the commercial activitiesof a person to whom the information relates.

Part 6 Miscellaneous provisions

61 Delegation

(1) The land access ombudsman may delegate any of theombudsman’s functions to an appropriately qualified officer.

(2) However, the land access ombudsman must not delegate thegiving of advice, recommendations or reasons under section51(6)(b).


functions includes powers.

62 Protection from liability

(1) The land access ombudsman does not incur civil liability foran act done, or omission made, honestly and withoutnegligence under this Act.

(2) If subsection (1) prevents a civil liability attaching to the landaccess ombudsman, the liability instead attaches to the State.Note—

For protection from civil liability in relation to State employees, see thePublic Service Act 2008, section 26C.

63 Annual report

(1) As soon as practicable after the end of each financial year, butwithin 3 months after the end of the financial year, the landaccess ombudsman must prepare and give to the Minister awritten report about the operation of the office during the year.

(2) Without limiting subsection (1), the report must include—

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[s 64]

Land Access Ombudsman Bill 2017Part 6 Miscellaneous provisions

(a) a description of the following matters for the year—

(i) land access dispute referrals made;

(ii) land access dispute referrals that the land accessombudsman decided, under section 36, not toinvestigate 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

(b) details of other functions performed by the ombudsmanor officers during the year.

(3) The report must not be prepared in a way that discloses theidentity of a party to a land access dispute.

(4) The land access ombudsman must publish on the office’swebsite a copy of the report as soon as practicable after thereport is given to the Minister.

64 Approved forms

The land access ombudsman may approve forms for use underthis Act.

65 Procedural guidelines

(1) The land access ombudsman may make procedural guidelinesabout practices and procedures for land access disputereferrals and investigations under this Act.

(2) Without limiting subsection (1), a procedural guideline maybe about what constitutes a reasonable attempt to resolve adispute under section 32(2).

(3) A procedural guideline must not be inconsistent with this Act.

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[s 66]

Land Access Ombudsman Bill 2017Part 7 Transitional provision

66 Regulation-making power

The Governor in Council may make regulations under thisAct.

Part 7 Transitional provision

67 Pre-commencement agreements may be referred and dealt with

(1) A land access dispute referral may be made and dealt withunder this Act even if—

(a) the conduct and compensation agreement or make goodagreement the subject of the referral was entered intobefore the commencement; or

(b) the land access dispute the subject of the referral arosebefore the commencement.

(2) This section applies subject to section 18.

Part 8 Amendment of legislation

Division 1 Amendment of this Act

68 Act amended

This division amends this Act.

69 Amendment of long title

Long title, from ‘, and to amend’—

omit.

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[s 70]

Land Access Ombudsman Bill 2017Part 8 Amendment of legislation

Division 2 Amendment of Coal Mining Safety and Health Act 1999

70 Act amended

This division amends the Coal Mining Safety and Health Act1999.

71 Insertion of new s 303A

After section 303—

insert—

303A Requirement for joint interaction management plan by particular date

(1) This section applies if, on 27 September 2017 anddespite the Mineral and Energy Resources(Common Provisions) Transitional Regulation2016, section 11—

(a) a joint interaction management plan has notbeen made under section 64E in relation tothe coal mining operations—

(i) mentioned in section 303(2); or

(ii) carried out in an overlapping area thesubject of a mining lease (coal) if anactivity for an authority to prospect(csg) is also carried out in theoverlapping area; and

(b) the reason a joint interaction managementplan has not been made under section 64E isthat arbitration of a dispute about the planhas been applied for under section 64E(3) or(4).

(2) The overlapping safety plan applying in relationto the coal mining operations is taken to be a jointinteraction management plan for section

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[s 72]


64E(1)(a).

(3) Subsection (2) applies until a joint interactionmanagement plan is made under section 64E forthe coal mining operations.


overlapping safety plan, applying in relation tocoal mining operations, means the part of thesafety and health management system under thisAct applying in relation to the coal miningoperations that deals with hazards and risksrelating to carrying out activities in anoverlapping area.

Division 3 Amendment of Integrity Act 2009

72 Act amended

This division amends the Integrity Act 2009.

73 Amendment of sch 1 (Statutory office holders for section 72C)

Schedule 1—

insert—

Land Access Ombudsman Act 2017

• the land access ombudsman

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[s 74]


Division 4 Amendment of Mineral and Energy Resources (Common Provisions) Act 2014

74 Act amended

This division amends the Mineral and Energy Resources(Common Provisions) Act 2014.


Chapter 3, part 7, division 5, subdivision 2—

insert—

99A Jurisdiction to decide alleged breach of conduct and compensation agreement

(1) Subsection (2) applies if a party to a conduct andcompensation agreement believes the other partyhas breached a condition of the agreement.

(2) The party may apply to the Land Court for anorder about the alleged breach.

(3) An application may be made during the term, orafter the end, of the agreement.

(4) The Land Court may make any order it considersappropriate on an application under this section.


conduct and compensation agreement means aconduct and compensation agreement for whichthe minimum negotiation period has ended.

party, to a conduct and compensation agreement,means—

(a) the following persons who entered into theagreement—

(i) the resource authority holder;

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[s 76]


(ii) the owner or occupier of private land;or

(b) the successors and assigns of a partymentioned in paragraph (a) that are boundby the agreement under section 79.


Chapter 4, part 3, after section 148—

insert—

148A Modification of particular provisions if preferred tenderer appointed


(a) the Minister publishes a call for tenders for apetroleum lease under the P&G Act, section127; and

(b) the Minister appoints a preferred tenderer onthe tenders made in response to the call.

(2) For applying the requirements under thischapter—

(a) the only PL holder required to give apetroleum production notice to a coalresource authority holder under section141(1) is the PL holder appointed under theP&G Act, chapter 2, part 2, division 3,subdivision 3 as the preferred tenderer; and

(b) despite section 141(1)(c), a petroleumproduction notice given by a PL holdermentioned in paragraph (a) is not required toinclude a proposed joint development plan;and

(c) a PL holder mentioned in paragraph (a)complies with section 141(2) if the PLholder gives the petroleum productionnotice to the coal resource authority holder

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[s 76]


within 10 business days after the PL holderis appointed as preferred tenderer; and

(d) a PL holder mentioned in paragraph (a) isnot required to comply with section 142;and

(e) the coal resource authority holder given apetroleum production notice by a PL holderunder paragraph (c) complies with section121(2) if the coal resource authority holdergives an advance notice to the PL holderwithin 30 business days after the petroleumproduction notice is given to the coalresource authority holder; and

(f) an advance notice mentioned in paragraph(e) complies with section 121(1) if thenotice—

(i) states that the ML (coal) holder hasapplied for the grant of the ML (coal);and

(ii) includes a copy of the application forthe ML (coal), other than any statementdetailing the applicant’s financial andtechnical resources; and

(iii) includes a proposed joint developmentplan for the overlapping area thesubject of the ML (coal); and

(g) if a proposed joint development planmentioned in paragraph (f)(iii) identifies anIMA for the overlapping area, the miningcommencement date for the identified IMAmust be at least 11 years after the date onwhich the ML (coal) holder applied for thegrant of the ML (coal); and

(h) a PL holder mentioned in paragraph (a)complies with section 154(3)(a) if the PLholder gives the information required to be

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[s 77]


given under section 154 within 20 businessdays after the PL holder gives the petroleumproduction notice to the coal resourceauthority holder; and

(i) a coal resource authority holder given apetroleum production notice underparagraph (c) complies with section154(3)(a) if the coal resource authorityholder gives the information required to begiven under section 154 within 20 businessdays after the coal resource authority holderis given the petroleum production notice.

(3) To remove any doubt, it is declared that—

(a) this section does not limit the changing ofthe mining commencement date for the IMAmentioned in subsection (2)(g) in the waymentioned in section 115(1)(b) or (c); and

(b) section 156 applies in relation toinformation—

(i) given by a PL holder mentioned in thissection to a coal resource authorityholder mentioned in this section; or

(ii) given by a coal resource authorityholder mentioned in this section to aPL holder mentioned in this section.

(4) This section applies whether the preferredtenderer mentioned in subsection (1)(b) wasappointed before or after the commencement ofthis section.

77 Amendment of ch 7, hdg (Savings and transitional provisions)

Chapter 7, heading, after ‘provisions’—

insert—

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[s 78]


for 2014 Act No. 47



insert—

223A Existing consent given by reserve owner to exploration permit holder or mineral development licence holder


(a) the owner of any part of the area of anexploration permit that is the surface area ofa reserve (the reserve owner) has givenconsent, under the pre-amended MineralResources Act, section 129(1)(a)(ii), to theholder of an exploration permit or anyperson who acts for the purpose of carryingout any activity authorised by theexploration permit (the resource authorityholder); or

(b) the owner of any part of the area of amineral development licence that is thesurface area of a reserve (also the reserveowner) has given consent, under thepre-amended Mineral Resources Act,section 181(4)(b)(ii), to the holder of amineral development licence or any personwho acts for the purpose of carrying out anyactivity authorised by the licence (also theresource authority holder).

(2) For section 58(1), the resource authority holder istaken to have given the reserve owner, as a publicland authority, a periodic entry notice undersection 57.

(3) Subsection (2) applies even if the consent, as aperiodic entry notice, does not comply withsection 57.

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(4) For the purpose of dealing with the consent as aperiodic entry notice, the entry period undersection 57(2)(a) is taken to be the period for entryunder the consent.

(5) Subsection (4) applies even if the period for entryunder the consent, as an entry period, does notcomply with section 57.

(6) Any conditions of the consent are taken to beconditions imposed by the reserve owner, as apublic land authority, under section 59(2).

(7) However, section 59(8)(a) does not apply to acondition of the consent.


exploration permit see the Mineral ResourcesAct, schedule 2.

mineral development licence means a mineraldevelopment licence under the Mineral ResourcesAct, chapter 5, part 1 or 2.

reserve see the Mineral Resources Act, schedule2.



insert—

224A Continuing notifiable road use


(a) before the commencement, a resourceauthority holder used a road for a notifiableroad use within the meaning of a ResourceAct, as in force before the commencement;and

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[s 79]


(b) after the commencement, the resourceauthority holder continues to use the roadfor the same use.

(2) If, before the commencement, the resourceauthority holder gave notice of the notifiable roaduse to a road authority for the road under theprovisions of a Resource Act that applied to thenotice at that time—

(a) the resource authority holder is taken tohave given the public road authority for theroad a notice about the use under section63(1)(a); and

(b) the notice has effect for section 63(1)(a)even if the notice does not comply with theprescribed requirements for it under section63(1)(a).

(3) A written consent to carry out the use of the roadgiven before the commencement to the resourceauthority holder by the road authority is taken tobe written consent given to the resource authorityholder by the public road authority for the roadunder section 63(1)(b)(ii).

(4) If, before the commencement—

(a) the road authority applied under a ResourceAct to the Land Court for the Court todecide the resource authority holder’scompensation liability to the road authorityfor the road; and

(b) the application had not lapsed, beendecided, been withdrawn or been otherwisefinally dealt with;

the application is taken to be an application to theLand Court for the Court to decide the resourceauthority holder’s compensation liability to thepublic road authority for the road under section100(1).

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[s 80]



commencement means the commencement ofchapter 3.

road authority means—

(a) a road authority under the pre-amendedMineral Resources Act, section 318EN; or

(b) a public road authority under any of thefollowing provisions as in forceimmediately before the commencement—

• the P&G Act, schedule 2

• the 1923 Act, section 2

• the Geothermal Act, schedule 2

• the Greenhouse Gas Act, schedule 2.

80 Insertion of new ss 228D–228F

Chapter 7, part 3, after section 228C—

insert—

228D Land access requirements for particular applications under Mineral Resources Act not decided before commencement


(a) before the commencement, a person appliedfor a prospecting permit, exploration permitor mineral development licence under thepre-amended Mineral Resources Act; and

(b) the prospecting permit, exploration permitor mineral development licence is grantedafter the commencement; and

(c) if the permit or licence had been grantedunder the pre-amended Mineral ResourcesAct—the holder of the permit or licencewould have been permitted under section

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[s 80]


19(4), 129(3) or 181(8) of that Act to enter,or enter the surface of, restricted land onlywith the written consent of the owner of theland where the relevant permanent building,or relevant feature, was situated.

(2) The pre-amended Mineral Resources Actcontinues to apply in relation to entry to therestricted land as if—

(a) the new restricted land entry provisions hadnot commenced; and

(b) the Mineral Resources Act, sections 19, 20,129 and 181, and schedule 2, definitionsrestricted land, restricted land (category A)and restricted land (category B) had notbeen replaced or repealed.



228E Land access requirements for particular applications under Geothermal Act not decided before commencement


(a) before the commencement, a person appliedfor a geothermal tenure under thepre-amended Geothermal Act; and

(b) the geothermal tenure is granted after thecommencement; and

(c) if the geothermal tenure had been grantedunder the pre-amended Geothermal Act, anauthorised activity for the geothermaltenure—

(i) would have been permitted, under thepre-amended Geothermal Act, section358(2), to be carried out on land within

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300m laterally of a permanent buildingmentioned in section 358(2) of that Actonly with the written consent of theowner or occupier of the building; or

(ii) would have been permitted, under thepre-amended Geothermal Act, section358(3), to be carried out on land within50m laterally of a thing mentioned insection 358(3) of that Act only with thewritten consent of the owner oroccupier of the thing.

(2) The pre-amended Geothermal Act continues toapply in relation to entry to the land as if—

(a) the new restricted land entry provisions hadnot commenced; and

(b) the Geothermal Act, section 358 had notbeen repealed.



228F Land access requirements for relevant resource authorities applied for before commencement


(a) before the commencement, a person appliedfor a relevant resource authority; and

(b) the relevant resource authority was grantedbefore the commencement or is grantedafter the commencement.

(2) The new restricted land entry provisions do notapply in relation to the relevant resourceauthority.


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[s 81]



relevant resource authority means—

(a) a mining claim or a mining lease under theMineral Resources Act; or

(b) a resource authority under the P&G Act; or

(c) a lease under the 1923 Act; or

(d) a resource authority under the GreenhouseGas Act.

81 Amendment of s 241A (Application for ML (coal) and application for PL both undecided before commencement)

(1) Section 241A(3)(a), ‘under the P&G Act in force immediatelybefore the commencement’—

omit.

(2) Section 241A(5)—

omit, insert—

(5) For applying the requirements under the newoverlap provisions to give an advance notice forthe ML (coal)—

(a) if the new overlap provisions apply undersubsection (3)(b) to the circumstances of theapplications—the ML (coal) holdercomplies with section 121(2) if the ML(coal) holder gives the advance notice to thePL holder within 10 business days after thecommencement of chapter 7; or

(b) if the new overlap provisions apply undersubsection (4) to the circumstances of theapplications—the ML (coal) holdercomplies with section 121(2) if the ML(coal) holder gives the advance notice to thePL holder within 10 business days after the

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[s 82]


notice is given to the chief executive undersubsection (4)(b).

(3) Section 241A—

insert—


coordination arrangement means anarrangement that was—

(a) made under the pre-amended P&G Act,section 234(1) to (4) before 27 September2016; and

(b) approved by the Minister under thepre-amended P&G Act, section 236(1)before 27 September 2016, whether or notthe approval has taken effect under the P&GAct.

82 Replacement of ch 8 (Repeal of Coal and Oil Shale Mine Workers’ Superannuation Act 1989)

Chapter 8—

omit, insert—

Chapter 8 Transitional provision for Land Access Ombudsman Act 2017

244 Provision inserted into Act prevails over provision of transitional regulation

If there is an inconsistency between a provisioninserted into this Act by the Land AccessOmbudsman Act 2017, and a provision of theMineral and Energy Resources (CommonProvisions) Transitional Regulation 2016, the

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provision inserted into the Act prevails to theextent of the inconsistency.

Division 5 Amendment of Mineral Resources Regulation 2013

83 Regulation amended

This division amends the Mineral Resources Regulation 2013.

84 Amendment of ch 4, pt 10, hdg (Transitional provision for Water Reform and Other Legislation Amendment Act 2014)

Chapter 4, part 10, heading, ‘provision’—

omit, insert—

provisions



insert—


(1) This section applies in relation to coal miningoperations mentioned in section 111(1) if, on 27September 2017 and despite the Mineral andEnergy Resources (Common Provisions)Transitional Regulation 2016, section 10—

(a) a joint interaction management plan has notbeen made under section 25 in relation tothe coal mining operations; and

(b) the reason a joint interaction managementplan has not been made under section 25 isthat arbitration of a dispute about the plan

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[s 86]


has been applied for under section 25(3) or(4).

(2) The plan mentioned in section 111(2) made inrelation to the coal mining operations is taken tobe a joint interaction management plan for section25(1)(a).

(3) Subsection (2) applies until a joint interactionmanagement plan is made under section 25 for thecoal mining operations.

Division 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004

86 Act amended

This division amends the Petroleum and Gas (Production andSafety) Act 2004.

87 Amendment of s 844 (Amending applications)

Section 844(3)—

omit, insert—

(3) However—

(a) subsection (2)(a) does not apply if thetenderer is required to amend a developmentplan under the Common Provisions Act,section 132 or 145; and

(b) subsection (2)(b) does not apply if—

(i) the tenderer is a corporation; and

(ii) the change is only a change of name ofthe tenderer; and

(iii) the tenderer’s Australian companynumber and Australian registeredbusiness name have not changed.

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[s 88]




insert—


(1) This section applies in relation to an operatingplant, area or activity mentioned in section 990(1)if, on 27 September 2017 and despite the Mineraland Energy Resources (Common Provisions)Transitional Regulation 2016, section 9—

(a) a joint interaction management plan has notbeen made under section 705B in relation tothe operating plant, area or activity; and

(b) the reason a joint interaction managementplan has not been made under section 705Bis that arbitration of a dispute about the planhas been applied for under section 705B(3)or (4).

(2) The principal hazard management plan applyingin relation to the operating plant, area or activityis taken to be a joint interaction management planfor section 705B(1)(a).

(3) Subsection (2) applies until a joint interactionmanagement plan is made under section 705B inrelation to the operating plant, area or activity.


overlapping area see section 705(a).

pre-amended Act means this Act as in forcebefore the commencement of section 990.

principal hazard management plan, applying inrelation to an operating plant, area or activity,means—

(a) if a principal hazard management planapplying in relation to the operating plant,

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[s 89]


area or activity has been made under thepre-amended Act, section 705A—theprincipal hazard management plan; or

(b) otherwise—the part of the safetymanagement system under this Act applyingin relation to the operating plant, area oractivity that deals with hazards and risksrelating to carrying out activities in anoverlapping area.

Division 7 Amendment of Public Service Act 2008

89 Act amended

This division amends the Public Service Act 2008.

90 Amendment of sch 1 (Public service offices and their heads)

Schedule 1—

insert—

Office of the Land Access Ombudsman under the Land Access Ombudsman Act 2017

land access ombudsman

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Schedule 1


Schedule 1 Dictionary

section 6

approved form means a form approved under section 64.

bore owner see the Water Act 2000, section 362.

chief executive (environment protection) means the chiefexecutive of the department in which the EnvironmentalProtection Act 1994 is administered.

chief executive (natural resources and mines) means thechief executive of the department in which this Act isadministered.

chief executive (water) means the chief executive of thedepartment in which the Water Act 2000, chapter 3 isadministered.

coal mine, for part 3, division 2, subdivision 3, see section 44.

conduct and compensation agreement see the Mineral andEnergy Resources (Common Provisions) Act 2014, section 83.

dispute land, for part 3, division 2, subdivision 3, see section45(1) and (2).

environmental authority means an environmental authorityunder the Environmental Protection Act 1994.

government entity see the Public Service Act 2008, section24.

investigation notice see section 40(1).

land access dispute see section 7.

land access dispute referral see section 8.

land access ombudsman means the land access ombudsmanappointed under section 9.

make good agreement see the Water Act 2000, section 420.

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Schedule 1


mine, for part 3, division 2, subdivision 3, see section 44.

notice means a written notice.

occupier, other than for section 45(1)(c) or (2)(c), see theMineral and Energy Resources (Common Provisions) Act2014, schedule 2.

office means the office of the land access ombudsman.

office of the land access ombudsman means the Office of theLand Access Ombudsman established under section 23.

officer means an officer mentioned in section 26.

operating plant, for part 3, division 2, subdivision 3, seesection 44.

owner, other than for section 45(1)(b) or (2)(b), see theMineral and Energy Resources (Common Provisions) Act2014, section 12.

private land see the Mineral and Energy Resources (CommonProvisions) Act 2014, section 13.

referring party see section 36(1).

relevant Resource Act, for a resource authority, means theparticular Resource Act under which the resource authority isgranted.

Resource Act means each of the following—

(a) the Mineral Resources Act 1989;

(b) the Petroleum and Gas (Production and Safety) Act2004;

(c) the Petroleum Act 1923;

(d) the Geothermal Energy Act 2010;

(e) the Greenhouse Gas Storage Act 2009;

(f) the Coal Mining Safety and Health Act 1999;

(g) the Mining and Quarrying Safety and Health Act 1999.

resource authority means a resource authority mentioned inthe Mineral and Energy Resources (Common Provisions) Act2014, section 10, other than the following—

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Schedule 1


(a) a prospecting permit;

(b) a mining claim;

(c) a mining lease.

resource authority holder means the person who is the holderof the resource authority under the relevant Resource Act forthe authority.

resource tenure holder see the Water Act 2000, schedule 4.

safety and health management system, for part 3, division 2,subdivision 3, see section 44.

safety management system, for an operating plant, for part 3,division 2, subdivision 3, see section 44.

© State of Queensland 2017

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no. 3ci of 2017 a bill for - parliament of · pdf filei hereby certify that this public bill...

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