Mining Act 1992

The Secretary may, by order published in the Gazette, approve arbitration procedures for the conduct of mediations and arbitrations under this Division (approved arbitration procedures).

The approved arbitration procedures may include guidance materials for the benefit of the parties and arbitrators.

The approved arbitration procedures may also include, but are not limited to, the following—

objectives and principles for arbitration,

responsibilities of parties and the arbitrator in the arbitration process,

stages and timeframes for the arbitration framework,

processes for dealing with significant improvements,

confidentiality,

suspension of mediation or arbitration proceedings in certain circumstances,

production of evidence of costs incurred by landholders.

Unless the parties and the arbitrator agree otherwise, mediation and arbitration under this Division is to be conducted in accordance with the provisions of the approved arbitration procedures.

In the event of an inconsistency between a provision of the approved arbitration procedures and a provision of this Act or of the regulations, the provision of this Act or of the regulations prevails.

If a matter is not provided for in this Act, the regulations or the approved arbitration procedures, the procedure at a mediation or a hearing is to be as determined by the arbitrator.

Approved arbitration procedures take effect on the day on which the procedures are published in the Gazette or, if a later day or days are specified for that purpose, on the later day or days so specified.

Sections 40 and 41 of the Interpretation Act 1987 apply to the approved arbitration procedures under this section in the same way as they apply to statutory rules within the meaning of that Act.