Application to Tribunal
38 Application to Tribunal
At any time:
after:
(i) the end of the relevant consultation period referred to in section 37(3); or
(ii) if a matter was referred to mediation under section 37(4) or (4A) and the parties have agreed to the mediation being conducted or continuing to be conducted during a further period of 30 days after the relevant consultation period referred to in section 37(3) – the end of that further period; or
(b) if the Minister and the person objecting have agreed in writing that neither party may take action under this section until after a longer period has expired – after that longer period,
either the Minister or the person objecting to the acquisition may apply to the Tribunal to have the objection to the acquisition heard.
(2) The Tribunal must not proceed to hear and make recommendations about the objection unless the parties to the proceeding have complied with sections 36, 37 and 38.
(3) For subsection (2), the non-participation in the consultation process by the party objecting to the acquisition is not a ground for refusal by the Tribunal to hear and make recommendations about the objection.
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