New South Wales Consolidated Acts

MINING ACT 1992 - SECT 236G

236G Determination of access management plan by Land and Environment Court

(1) If the Secretary has declined to make a determination under section 236F, either generally or in relation to a particular matter, either the landholder or the miners' representative--

(a) may apply to the Land and Environment Court for a determination under this section, either generally or in relation to that matter, as the case may be, and

(b) in that event, must cause copies of the application to be served on the landholder or miner's representative, as the case requires, and on the Secretary.

(2) On receiving such an application, the Land and Environment Court is to determine an access management plan for the land concerned, as required by the application.

(3) The Secretary is not a party to the proceedings before the Land and Environment Court, but may nevertheless make written submissions to the Court in relation to the proposed determination.

(4) In making a decision under this section, the Land and Environment Court must give consideration to any submissions made by the Secretary under subsection (3).

(5) On making a determination under this section, the Land and Environment Court is to cause copies of the determination to be served on the landholder and the miners' representative.

(6) Each party to proceedings under this section is to bear his or her own costs in relation to the proceedings.