Mining Act 1992

An arbitrator conducting a mediation under this Division—

must use his or her best endeavours to bring the parties to a settlement acceptable to all of them, and

may communicate with the parties collectively or separately, and

must treat information obtained by the arbitrator from a party with whom he or she communicates separately as confidential, unless that party otherwise agrees.

The parties to a mediation must participate in the mediation in good faith.

A mediation terminates if—

the parties agree to terminate the mediation, or

any party terminates the mediation, by notice in writing, served on the other parties and the arbitrator, or

the arbitrator terminates the mediation, or

the parties agree on an access arrangement.

An arbitrator who has acted as mediator in a mediation that is terminated under subsection (3) (a)–(c)—

may refuse to conduct the subsequent arbitration, and

must not conduct the subsequent arbitration unless, at the time of or after the termination of the mediation, all the parties to the arbitration (including the arbitrator) consent in writing.

If—

an arbitrator has obtained confidential information from a party during a mediation, and

the mediation has been terminated under subsection (3) (a)–(c), and

the parties have consented to the arbitrator conducting the subsequent arbitration,

the arbitrator must, as soon as reasonably practical after that consent has been given, disclose to all other parties to the arbitration so much of the information as the arbitrator considers material to the arbitration.

If the parties consent under subsection (4) (b), no objection may be taken to the conduct of the subsequent arbitration by the arbitrator solely on the ground that he or she has previously conducted a mediation in accordance with this section.

If the arbitrator refuses to conduct the subsequent arbitration under subsection (4) (a) or the parties do not consent under subsection (4) (b), the arbitrator’s mandate is taken to have been terminated and a substitute arbitrator may be appointed—

by the parties, or

by the Secretary, but only if the parties have been unable to agree on the appointment of an arbitrator by the end of 7 days after the termination of the mediation.

Before a substitute arbitrator is appointed under this section, the holder of the prospecting title concerned must pay the application fee prescribed by the regulations for the purposes of this section.

The substitute arbitrator is not required to conduct a mediation under this Division.