concerning matters arising under this Part (other than matters in respect of
which a direction has been given to the Secretary by a board of management in
accordance with this Part) is to be arbitrated by a panel of 3 arbitrators.
(2) One of the 3 arbitrators is to be appointed by the Secretary, one by the
board of management for the lands concerned and the third by agreement between
the first 2 arbitrators or, failing such agreement, by the Chief Judge of the
Land and Environment Court.
(3) The procedures to apply to an arbitration are
to be determined by the panel of arbitrators.
(4) In conducting an
arbitration, the arbitrators are to have regard to--
(a) the preservation of
the rights and interests of native title holders, and
(5) The regulations may make provision with
respect to the arbitration of disputes under this section including as to the
fixing and payment of the remuneration and expenses of the arbitrators.