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.