Transport Infrastructure Act 1994

Within 10 business days after the giving of a dispute notice, the responsible entity and the applicant for approval must join in appointing an independent arbitrator to resolve the dispute.

If the entity and the applicant do not appoint an arbitrator within the 10 business days, the following persons may, on the application of the applicant or entity, appoint the arbitrator—

if the entity is a local government—the Minister and the Minister administering the Planning Act, acting jointly;

if the entity is not a local government—the Minister.

However, each Minister may nominate another person to exercise the power under subsection (2).