Water Act 2000

This section applies if a dispute arises about a matter mentioned in section 425.

Either party may—

by a notice (a conference election notice) given to the other party and the chief executive—ask the chief executive to direct an authorised officer to call a conference to negotiate a resolution of the dispute; or

by a notice (an ADR election notice) given to the other party—call for the other party to agree to a non-binding alternative dispute resolution process (an ADR) to seek to negotiate a resolution of the dispute.

The ADR may be a non-binding process of any type, including, for example, a case appraisal, conciliation, mediation or negotiation.

A conference election notice must state—

details of the matters the subject of the dispute; and

any other information prescribed by regulation.

An 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; andNote—See the Land Access Ombudsman Act 2017, part 3A for the ability to propose the land access ombudsman as the ADR facilitator.

that the resource tenure 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 type of ADR, and the ADR facilitator, proposed in the notice.

If the party given an ADR election notice does not accept, under subsection (6), the type of ADR or ADR facilitator proposed in the notice, the party giving the notice may make another proposal, or obtain a decision from the Land Court or a prescribed ADR institute, about the matter not accepted.

If a party obtains a decision under subsection (7) from the Land Court or a prescribed ADR institute, the party must give the other party notice of the decision.

The resource tenure holder must bear the costs of the ADR facilitator.

The Civil Proceedings Act 2011, part 6, division 5 applies to an ADR conducted by an ADR facilitator as if—

a reference to an ADR process included a reference to the ADR; and

a reference to an ADR convenor included a reference to the ADR facilitator.

In this section—ADR facilitator means a person who facilitates an ADR.prescribed ADR institute means an entity for deciding a type of ADR to be conducted, or an ADR facilitator to conduct an ADR, prescribed by regulation.