Mineral Resources Act 1989

This section applies if a dispute arises between an applicant for the grant of a mining lease or a mining lease holder and an owner in relation to the lease mentioned in section 279(1)(a) or 280(1) (the parties) about—

the determination of an amount of compensation for section 279(1)(a) or 280(1); or

the amendment of an agreement or determination about compensation under section 283A.

Either party may give a notice (an ADR election notice) to the other party asking the other party to participate in ADR to seek to negotiate a resolution of the dispute.

The ADR election notice must state—

details of the matters the subject of the dispute; and

the type of ADR proposed; and

the name of an ADR facilitator, who is independent of both parties, proposed to conduct the ADR; and

that the applicant or mining lease holder is liable for the costs of the ADR facilitator; and

any other information prescribed by regulation.

A party given an ADR election notice must, within 10 business days after the notice is given, accept or refuse the request for ADR.

If a party given an ADR election notice does not accept the request for ADR within 10 business days after the notice is given, the party is taken to refuse the request.

If the request for ADR is accepted under subsection (4), the parties may, within 10 business days after the acceptance, jointly appoint the ADR facilitator proposed in the ADR election notice, or another ADR facilitator, to conduct the ADR.