Land Access Ombudsman Act 2017

The land access ombudsman can not accept a land access dispute referral about any of the following matters—

an agreement mentioned in section 7 not yet entered into;

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

a make good agreement the subject of a cooling-off period under the Water Act 2000, section 423A;

the content of legislation or government policies;

a decision made by Cabinet, a Minister or a chief executive;

a matter that is or has been the subject of a proceeding or an arbitration;

a matter that is, or has been, the subject of an investigation by a department.

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

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

is being, or was, investigated by the department to decide whether or not to take compliance action against a person under the Environmental Protection Act 1994, a Resource Act or the Water Act 2000, chapter 3; or

is, or was, the subject of compliance action by the department under the Environmental Protection Act 1994, a Resource Act or the Water Act 2000, chapter 3; or

is, or was, the subject of a decision by the department not to take compliance action under the Environmental Protection Act 1994, a Resource Act or the Water Act 2000, chapter 3.