MINING ACT 1992 - SECT 157
Variation of access arrangements
MINING ACT 1992 - SECT 157
Variation of access arrangements
157 Variation of access arrangements
(1) An access arrangement may be varied--
(a) in accordance with the terms of
the arrangement relating to its variation, or
(b) by the agreement of the
parties to the arrangement, or
(c) by an arbitrator under this section
(whether or not the access arrangement was determined by an arbitrator), or
(d) on application by any of the parties to the arrangement, by order of the
Land and Environment Court if the arrangement was determined by a court or an
arbitrator.
(2) A party to an access arrangement may, by written notice
served on all the other parties to the arrangement, request the parties to
agree to the appointment of an arbitrator.
(3) The parties to an access
arrangement may agree to the appointment of any person as an arbitrator.
(4)
Sections 144- 151 and 152- 156 apply, with all necessary changes, in relation
to an arbitration under this section, subject to the following modifications--
(a) in the application of section 144 (1), the reference to a notice served in
accordance with section 143 is taken to be a reference to a notice served in
accordance with subsection (2),
(b) section 144 (2) does not apply and
instead the following applies--
(2) Before an arbitrator is appointed under
this section, the party requesting the appointment of an arbitrator must pay
the application fee prescribed by the regulations for the purposes of this
section.
(c) section 148C does not apply and instead the following provision
applies--
148C Costs Each party to the mediation and hearing conducted by the
arbitrator is to bear his or her own costs in relation to the hearing.
(d)
any other modification prescribed by the regulations.
