(1) The Secretary may, by order
published in the Gazette, approve arbitration procedures for the conduct of
mediations and arbitrations under this Part (
"approved arbitration procedures" ).
(2) The approved arbitration procedures
may include guidance materials for the benefit of the parties and arbitrators.
(3) The approved arbitration procedures may also include, but are not limited
to, the following--
(a) objectives and principles for arbitration,
(b)
responsibilities of parties and the arbitrator in the arbitration process,
(c) stages and timeframes for the arbitration framework,
(d) processes for
dealing with significant improvements,
(e) confidentiality,
(f) suspension
of mediation or arbitration proceedings in certain circumstances,
(g)
production of evidence of costs incurred by landholders.
(4) Unless the
parties and the arbitrator agree otherwise, mediation and arbitration under
this Part is to be conducted in accordance with the provisions of the approved
arbitration procedures.
(5) In the event of an inconsistency between a
provision of the approved arbitration procedures and a provision of this Act
or of the regulations, the provision of this Act or of the regulations
prevails.
(6) If a matter is not provided for in this Act, the regulations or
the approved arbitration procedures, the procedure at a mediation or a hearing
is to be as determined by the arbitrator.
(7) Approved arbitration procedures
take effect on the day on which the procedures are published in the Gazette
or, if a later day or days are specified for that purpose, on the later day or
days so specified.
(8) Sections 40 and 41 of the Interpretation Act 1987
apply to the approved arbitration procedures under this section in the same
way as they apply to statutory rules within the meaning of that Act.
