New South Wales Consolidated Acts

MINING ACT 1992 - SECT 236F

236F Determination of access management plan by Secretary

(1) If the miners' representative and the landholder are unable to agree on an access management plan within 60 days after notice of intention to negotiate such a plan is served under section 236E, either of them--

(a) may apply to the Secretary for a determination under this section, and

(b) in that event, must cause a copy of the application to be served on the other.

(2) On receiving such an application, the Secretary may determine an access management plan for the land concerned.

(3) Before making a determination under this section, the Secretary--

(a) must consult with the miners' representative and the landholder concerned, and

(b) must give full consideration to any submissions arising from the consultation process.

(4) On making a determination under this section, the Secretary must cause copies of the determination to be served on the landholder and the miners' representative.

(5) At any time after receiving an application for determination of an access management plan, the Secretary--

(a) may decline to make such a determination, either generally or in relation to any particular matter, and

(b) in that event, must cause written notice of that fact to be served on the miners' representative and the landholder.