Land Access Ombudsman Act 2017

This section applies if—

the land access ombudsman has accepted—

a land access dispute referral; or

an application to conduct an ADR; and

the ombudsman reasonably suspects a party to the land access dispute or the ADR who holds a resource authority—

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 relevant chief executive 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).

In this section—

if the possible offence or possible authority breach is against a Resource Act mentioned in schedule 1, definition Resource Act, paragraph (a)—the chief executive of the department in which the Mineral and Energy Resources (Common Provisions) Act 2014 is administered; or

if the possible offence or possible authority breach is against a Resource Act mentioned in schedule 1, definition Resource Act, paragraph (b) or (c)—the chief executive of the department in which the Coal Mining Safety and Health Act 1999 is administered.