Queensland Numbered Acts

LAND ACCESS OMBUDSMAN ACT 2017 - As at 13 September 2017 - Act 34 of 2017

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

           Division 1 - Introduction

   1.      Short title
   2.      Commencement
   3.      Purpose of Act
   4.      How purpose is achieved
   5.      Act binds all persons

           Division 2 - Interpretation

   6.      Definitions
   7.      What is a land access dispute
   8.      What is a land access dispute referral

   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.     Disqualification from appointment
   11.     Term of appointment
   12.     Conditions of appointment
   13.     Restriction on outside employment
   14.     Termination of appointment
   15.     Vacancy of office

              Subdivision 2 - Functions and powers

   16.     Functions
   17.     Obligations in performing functions
   18.     What land access ombudsman can not deal with
   19.     General powers
   20.     Land access ombudsman not subject to direction

              Subdivision 3 - Miscellaneous

   21.     Preservation of rights
   22.     Acting land access ombudsman

           Division 2 - Office of the Land Access Ombudsman

   23.     Office of the Land Access Ombudsman
   24.     Control of office
   25.     Finances of office
   26.     Officers
   27.     Issue of identity card
   28.     Production or display of identity card
   29.     Return of identity card
   30.     Officers not subject to outside direction
   31.     Alternative staffing arrangements

   PART 3 - REFERRAL AND INVESTIGATION OF LAND ACCESS DISPUTES

           Division 1 - Referral of land access disputes

   32.     Land access dispute may be referred
   33.     How land access dispute may be referred
   34.     Protection from liability for referring land access dispute
   35.     Preliminary inquiry
   36.     Acceptance or refusal of referral
   37.     Direction to make reasonable attempt to resolve
   38.     Actions by land access ombudsman after refusal
   39.     Withdrawal of land access dispute referral

           Division 2 - Investigation of land access dispute referrals

              Subdivision 1 - General

   40.     Notice of investigation
   41.     Investigation procedure

              Subdivision 2 - Powers to require information or attendance

   42.     Power to require particular information
   43.     Power to require attendance

              Subdivision 3 - Power to enter

   44.     Definitions for subdivision
   45.     Power to enter dispute land
   46.     Application of ss 47–49
   47.     Incidental entry to ask for access
   48.     Matters land access ombudsman must tell person
   49.     Consent by acknowledgement
   50.     General powers of land access ombudsman after entering dispute land

   PART 4 - ACTIONS BY LAND ACCESS OMBUDSMAN

   51.     Notice about outcome of investigation
   52.     Evidentiary provision
   53.     Recommendation about Resource Act offence or resource authority breach
   54.     Recommendation about offence against Water Act 2000
   55.     Recommendation about offence against Environmental Protection Act 1994
   56.     Advice about systemic issues

   PART 5 - DEALING WITH DOCUMENTS OR INFORMATION UNDER THIS ACT

   57.     Document in land access ombudsman’s custody
   58.     Protection from liability for giving agreement to land access ombudsman
   59.     Confidentiality requests
   60.     Secrecy

   PART 6 - MISCELLANEOUS PROVISIONS

   61.     Delegation
   62.     Protection from liability
   63.     Annual report
   64.     Approved forms
   65.     Procedural guidelines
   66.     Regulation-making power

   PART 7 - TRANSITIONAL PROVISION

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

   PART 8 - AMENDMENT OF LEGISLATION

           Division 1 - Amendment of this Act

   68.     Act amended
   69.     Amendment of long title

           Division 2 - Amendment of Coal Mining Safety and Health Act 1999

   70.     Act amended
   71.     Insertion of new s 303A

           Division 3 - Amendment of Integrity Act 2009

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

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

   74.     Act amended
   75.     Insertion of new s 99A
   76.     Insertion of new s 148A
   77.     Amendment of ch 7, hdg (Savings and transitional provisions)
   78.     Insertion of new s 223A
   79.     Insertion of new s 224A
   80.     Insertion of new ss 228D–228F
   81.     Amendment of s 241A (Application for ML (coal) and application for PL both undecided before commencement)
   82.     Replacement of ch 8 (Repeal of Coal and Oil Shale Mine Workers’ Superannuation Act 1989)

           Division 5 - Amendment of Mineral Resources Regulation 2013

   83.     Regulation amended
   84.     Amendment of ch 4, pt 10, hdg (Transitional provision for Water Reform and Other Legislation Amendment Act 2014)
   85.     Insertion of new s 111A

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

   86.     Act amended
   87.     Amendment of s 844 (Amending applications)
   88.     Insertion of new s 990A

           Division 7 - Amendment of Public Service Act 2008

   89.     Act amended
   90.     Amendment of sch 1 (Public service offices and their heads)
           SCHEDULE 1