If facilitation with Local Rangeland staff does not result in a recreational access agreement, one of the parties may submit an application for a review of the issues in the dispute. This is a formal process that will be led by a Lands staff member who is designated as a Local Settlement Officer (LSO).
While the LSO will facilitate this process, he or she will deliver a binding decision on access.
Applying for dispute resolution
The person applying for a review of the dispute must fill out an application provided by the local Rangeland staff, in writing, describing:
- nature and details of the dispute
- steps the applicant has already taken to resolve the dispute
- indication of what the applicant wants in terms of accessing or denying access to an agricultural lease
The application for LSO Review must be submitted within seven days from the date that the dispute first occurred. A copy of the application must be forwarded to the other party at the same time.
If there are multiple applications based on disputes for recreational access to one agricultural lease, these applications may be grouped together and held under one review.
Although most applications will be considered appropriate for LSO Review, an application may be dismissed if the reasons provided are deemed frivolous, vexatious or without merit.
The LSO may make a decision from information on the application or may hold the review between the two parties either through a meeting, conference call, or by written correspondence.
Within 30 days of the review date, the LSO will issue a written and binding decision that may:
- deny access to all or part of the agricultural disposition
- require the agricultural disposition holder to allow access to all or part of the agricultural disposition land for recreational purposes, subject to any terms and conditions the LSO considers appropriate
- give any directions on making contact that the LSO considers appropriate
Option of submitting application for Director review
If one or both parties are of the opinion that the LSO's decision is unreasonable, they may apply for a Director Review within seven days of the LSO's decision.
In the interim, both parties must comply with the LSO's decision until the Director's decision is released.
For information on the next stage in the process, see: Stage Three – Director review.