Part 10A Access management plans for small-scale titles
(1) This Part applies to mineral claims and opal prospecting licences (referred to collectively as small-scale titles) with respect to land within an access management area.(2) This Part does not require an access management plan in respect of a landholder who is a native title holder if:(a) the small-scale title concerned was granted or renewed after compliance with Subdivision P of Division 3 of Part 2 of the Commonwealth Native Title Act, and(b) the grant or renewal of the title was not an act that attracted the expedited procedure under and within the meaning of that Subdivision.(3) This Part does not apply if:(a) the small-scale title concerned was granted or renewed after compliance with a registered indigenous land use agreement under the Commonwealth Native Title Act, and(b) the agreement provides that an access management plan is not required under this Part in respect of a landholder who is a native title holder.
The Director-General may, by order published in the Gazette, constitute any land within a mineral claims district or opal prospecting area as an access management area and may, by the same or a subsequent order so published, name the area and fix its boundaries.
236C Alternative procedures for making access management plan
An access management plan for land within an access management area:(a) may be agreed between a miners’ representative and the landholder, or(b) may be determined by the Director-General or the Land and Environment Court in accordance with this Part,either before or after small-scale titles are granted in relation to the land.
236D Matters for which access management plan to provide
(1) An access management plan may make provision for or with respect to the following matters:(a) the rights of access that the holder of a small-scale title has in relation to the land to which the plan applies, including rights in relation to:(i) access points to the land, and(ii) routes of access across the land, and(iii) the manner in which, and the times at which, rights of access may be exercised,(b) the conditions to which the holder of a small-scale title is subject in relation to his or her exercise of any such right of access, including conditions in relation to:(i) maintaining routes of access, and(ii) preserving the safety of persons and stock, and(iii) avoiding interference with the land management practices being adopted in relation to the land affected by the right of way, and(iv) environmental protection,(c) the manner of resolving any dispute arising in connection with the plan,(d) the manner of varying or replacing the plan,(e) such other matters as the parties to the plan may agree to include in the plan.(2) In the event of an inconsistency between:(a) a provision of an access management plan, and(b) a provision of this Act, the regulations or a condition of a small-scale title,the provision referred to in paragraph (b) prevails.
236E Miners’ representative to seek access management plan
(1) A miners’ representative may, by written notice served on a landholder, give notice of his or her intention to negotiate an access management plan in respect of the land.(2) The notice of intention to negotiate an access management plan must, in addition to stating that intention, contain:(a) a plan and description of the area of land over which the access is sought, sufficient to enable the ready identification of that area, and(b) a description of the mining or prospecting methods intended to be used in that area.(3) The miners’ representative and the landholder may agree in writing on an access management plan.(4) An access management plan so agreed must be lodged with the Director-General for registration.
236F Determination of access management plan by Director-General
(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 Director-General 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 Director-General may determine an access management plan for the land concerned.(3) Before making a determination under this section, the Director-General:(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 Director-General 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 Director-General:(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.
236G Determination of access management plan by Land and Environment Court
(1) If the Director-General 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 Director-General.(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 Director-General 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 Director-General 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.
236H Review of Director-General’s determination
(1) An application for the review of an access management plan determined under section 236F may be made to the Land and Environment Court by either the landholder or the miners’ representative (the parties to the determination).(2) An application:(a) must be accompanied by a copy of the determination to which it relates, together with a copy of any access management plan forming part of the determination, and(b) must be filed in the Land and Environment Court within 14 days after a copy of the determination was served on the applicant.(3) The applicant must cause a copy of the application to be served on the Director-General and on each of the other parties to the determination.(4) The Director-General 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 determination under review.(5) In making a decision under this section, the Land and Environment Court must give consideration to any submissions made by the Director-General under subsection (4).(6) The decision of the Land and Environment Court on a review of a determination is final and is to be given effect to as if it were the determination of the Director-General under section 236F.(7) Each party to proceedings under this section is to bear his or her own costs in relation to the proceedings.
236I Registration of access management plans
(1) An access management plan agreed under section 236E or determined under section 236G must be registered by the Director-General as soon as practicable after it is lodged for registration.(2) An access management plan determined under section 236F must be registered by the Director-General:(a) as soon as practicable after the expiry of the 14-day period referred to in section 236H (2) (b), or(b) if an application for a review of the determination is made to the Land and Environment Court within that period, as soon as practicable after the Court makes its decision on the application.
236J Public notice of access management plans
(1) As soon as practicable after registering an access management plan, the Director-General must cause notice of that fact to be published in a local newspaper circulating in the area in which the land is situated.(2) The notice must identify the land to which the access management plan relates and indicate where copies of the access management plan may be inspected or purchased.(3) Copies of each registered access management plan must be kept available for inspection or purchase at the place or places indicated in the notice.
236K Commencement and operation of access management plan
(1) An access management plan takes effect on the date on which notice of its registration is published under section 236J or on such later date as may be specified in the plan in that regard.(2) An access management plan does not apply to land within the claim area under a mineral claim, but does apply to land within an opal prospecting block.(3) An access management plan does not affect any right of way to which the holder of a small-scale title was entitled under section 211 or 235C immediately before the plan took effect, and does not affect any conditions imposed under section 211 or 235C on any such right of access.(4) Subsection (3) ceases to have effect in relation to a small-scale title when the small-scale title ceases to have effect, and is not continued by any renewal of the small-scale title.(5) A later registered access management plan prevails over an earlier registered access management plan to the extent to which they relate to the same land.
236L Replacement of access management plans
(1) An access management plan may, subject to its provisions, be replaced by a new access management plan with respect to the same land.(2) Despite subsection (1), an access management plan under section 236G or 236H may not be replaced by a new access management plan with respect to the same land except by leave of the Land and Environment Court.
236M Duration of access management plans
An access management plan does not run with the land and, unless sooner terminated, terminates:(a) if a landholder of the land to which it relates ceases to be a landholder of the land, or(b) on the death of a landholder of the land to which it relates.