Mining Act 1992

A party to a hearing who is aggrieved by an arbitrator’s final determination may apply to the Land and Environment Court for a review of the determination.

An application—

must be accompanied by a copy of the determination to which it relates, together with a copy of any access arrangement forming part of the determination, and

must be filed in the Land and Environment Court—

in the case of an interim determination that has become a final determination—within 28 days after a copy of the interim determination was served on the applicant, or

in the case of a final determination—within 14 days after a copy of the final determination was served on the applicant.

An application for review may not be made—

during the period of 14 days within which an application may be made to an arbitrator, or

if such an application is made, until the arbitrator has made a final determination with respect to the application.

The applicant must cause a copy of the application to be served on each of the other parties to the determination to which the application relates.

Subject to any order of the Land and Environment Court to the contrary, an application for review of a determination operates to stay the effect of any related access arrangement in relation to a party to the arrangement from the time when a copy of the arrangement has been served on the party until the decision of the Land and Environment Court on the review.

In reviewing a determination under this section, the Land and Environment Court has the functions of an arbitrator under this Division in addition to its other functions.

A review of a determination is to be by way of rehearing, and fresh material or material in addition to, or in substitution for, the material considered on the making of the determination by the arbitrator may be given on the review and taken into consideration by the Land and Environment Court.

The decision of the Land and Environment Court on a review of a determination is final and is to be given effect to as if it were the determination of an arbitrator.

The holder of the prospecting title must pay the reasonable costs of the landholder of the land concerned in a review of a determination under this section.

The Land and Environment Court, in determining those reasonable costs, must consider whether or not the landholder has acted unreasonably in the negotiation, mediation, arbitration or review proceedings.