Land Access Ombudsman Act 2017

This Act may be cited as the Land Access Ombudsman Act 2017.

The following provisions commence on 28 September 2017—

part 8, divisions 2, 5 and 6;

part 8, division 4, other than section 75.

The remaining provisions of this Act commence on a day to be fixed by proclamation.

The purpose of this Act is to provide for the land access ombudsman to—

investigate, and facilitate the timely resolution of, land access disputes; and

conduct ADRs for ADR election notice disputes.

The purpose is to be achieved mainly by—

providing for a land access ombudsman; and

establishing the Office of the Land Access Ombudsman; and

authorising the land access ombudsman to—

investigate, and facilitate the timely resolution of, land access disputes; and

conduct ADRs for ADR election notice disputes.

This Act binds all persons, including the State.

Nothing in this Act makes the State liable to be prosecuted for an offence.

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

A land access dispute is—

a dispute about an alleged breach of a conduct and compensation agreement between—

the resource authority holder and the owner or occupier of private land who entered into the agreement; or

the successors and assigns of a party to the agreement mentioned in subparagraph (i) that are bound by the agreement under the Mineral and Energy Resources (Common Provisions) Act 2014, chapter 3, part 7, division 5; or

a dispute about an alleged breach of a make good agreement between—

the resource tenure holder and the bore owner who entered into the agreement; or

the successors and assigns of a party to the agreement mentioned in subparagraph (i) that are bound by the agreement under the Water Act 2000, section 422, 437 or 437A; or

a dispute about an alleged breach of an access agreement between—

the resource authority holder and the owner or occupier of land who entered into the agreement; or

the successors and assigns of a party to the agreement mentioned in subparagraph (i) that are bound by the agreement under the Mineral and Energy Resources (Common Provisions) Act 2014, section 79.

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

There is to be a land access ombudsman.

The land access ombudsman is the chief executive officer of Coexistence Queensland.

Note—See the Coexistence Queensland Act 2013, section 30(1) for the employment of the chief executive officer of Coexistence Queensland.

The land access ombudsman is to be paid the remuneration and allowances decided by the Minister.

The land access ombudsman holds office on the terms and conditions, not provided for by this Act, that are decided by the Minister.

The remuneration and allowances mentioned in subsection (1) are in addition to the person’s remuneration and allowances as chief executive officer of Coexistence Queensland.

Subsection (2) is not affected by the terms and conditions of the person’s employment as chief executive officer of Coexistence Queensland, other than to the extent provided for in sections 11 and 12.

If the chief executive officer of Coexistence Queensland is removed from office under the Coexistence Queensland Act 2013, section 30(3), the person stops holding office as land access ombudsman under this Act.

This section applies if a person is appointed to act in the office of the chief executive officer of Coexistence Queensland under the Coexistence Queensland Act 2013, section 30(4).

While the appointment is in effect, the person is taken to also be acting as the land access ombudsman under this Act.