Land Access Ombudsman Act 2017 (Qld)

Land Access Ombudsman Act 2017

An Act to provide for a land access ombudsman to investigate and facilitate the resolution of disputes about conduct and compensation agreements and make good agreements

Part 1 Preliminary

Division 1 Introduction

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

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 to be fixed by proclamation.

3 Purpose of Act The purpose of this Act is to provide for a way to facilitate the timely resolution of disputes between parties to conduct and compensation agreements and parties to make good agreements.

4 How purpose is achieved The purpose is to be achieved mainly by— (a) providing for the appointment of a land access ombudsman; and (b) establishing the Office of the Land Access Ombudsman; and (c) authorising the land access ombudsman to investigate, and facilitate the timely resolution of, disputes about conduct and compensation agreements and make good agreements.

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 for an offence.

Division 2 Interpretation

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

7 What is a land access dispute A land access dispute is— (a) a dispute about an alleged breach of a conduct and compensation agreement between— (i) the resource authority holder and the owner or occupier of private land who entered into the agreement; or (ii) 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 (b) a dispute about an alleged breach of a make good agreement between— (i) the resource tenure holder and the bore owner who entered into the agreement; or (ii) 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.