Transport Administration Act 1988

If a dispute arises between an infrastructure owner, building owner or railway land owner and another owner with respect to the operation of, or compliance with, the provisions of this Schedule and if, after diligent efforts on the part of the parties to the dispute, the dispute has not been resolved, either party may submit the dispute to the Minister for settlement in accordance with this clause.

If ARTC is a party to a dispute and the dispute has not been resolved as referred to in subclause (1), the dispute is to be referred to arbitration, unless the parties agree to submit the dispute to the Minister under this clause. The Commercial Arbitration Act 2010 applies to any dispute referred to arbitration.

On the submission of a dispute to the Minister, the Minister is to—

consult with the parties to the dispute, and

inquire into the matter or appoint a person to inquire into the matter and report to the Minister with respect to the dispute.

After the completion of an inquiry and, if a report is made to the Minister, after consideration by the Minister of that report, the Minister may make such order with respect to the dispute as the Minister thinks fit.

Without limiting subclause (3), the Minister may make an order—

imposing conditions or restrictions on certificates of authority issued under this Schedule, or

subject to clause 7, determining that a party is to compensate another party for damage suffered as a result of the exercise of functions under this Schedule, or

directing a party to permit a person to construct railway track on railway land for the purpose of connecting it to the NSW rail network.

An order made by the Minister under this clause may direct the payment of any costs or expenses of or incidental to the holding of the inquiry.

An owner must comply with any order given to the owner under this clause, and the owner is, despite the provisions of any Act, empowered to comply with any such order.

Except as provided by subclause (1A), the provisions of any other Act relating to the settlement of disputes do not apply to the settlement of a dispute referred to in this clause.