Mining Act 1992

If the mediation is unsuccessful, the arbitrator must, as soon as practicable after its conclusion—

fix a time and place for conducting a hearing of the question of access to the land concerned, and

cause notice of the time and place fixed for conducting the hearing to be given to the holder of the prospecting title and to each landholder.

The arbitrator may, by a further notice served on the holder of the prospecting title and on each landholder, vary the time or place fixed for conducting the hearing.

The arbitrator must, at the time and place fixed under this section, conduct a hearing into the question of access to the land concerned.