What we can and can't investigate | Land Access Ombudsman

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Land Access Ombudsman

What we can and can't investigate

We help to resolve issues where there has been an alleged breach of a term or condition of a Conduct and Compensation Agreement (CCA) or Make Good Agreement (MGA).

There are a number of ways an agreement can be breached, including:

  • failure to perform within the timeframe specified in the agreement
  • not performing in accordance with the terms of the agreement
  • failure to perform whatsoever.

Matters we can investigate

For us to be able to investigate an alleged breach, you must:

  • have an existing CCA or MGA
  • reasonably believe the other party is not complying with their obligations under the agreement.

If you have any questions, please contact us for assistance.

Matters we cannot investigate

We cannot help with the negotiation of CCAs or MGAs.

There are other dispute resolution processes available to you to assist with the negotiation process. For more information on these, refer to:

We also cannot investigate:

  • a CCA or MGA still subject to a minimum negotiation period or cooling off period
  • the content of legislation or government policies
  • a decision made by Cabinet, a Minister or a chief executive of a government department
  • a matter that is, or has been, the subject of a court proceeding or an arbitration
  • a matter that is, or has been, the subject of an investigation by a department
  • compensation agreements for mining leases and mining claims under the Mineral Resources Act 1989
  • access agreements.

We have to stop our investigation if, at any time, the matter comes under investigation by a government department or is the subject of a court proceeding or arbitration.

Who can help

If we cannot investigate your dispute, a government department or another agency may be able to help:

Please contact us if you require assistance.

Last updated 09 Nov 2018