New South Wales Consolidated Acts

WATER ACT 1912 - SECT 170B

170B Compulsory mediation session

(1) If the Ministerial Corporation is satisfied that a person who has made an objection to the grant of an approval has provided sufficient information to demonstrate reasonable concerns about the grant of an approval, the Ministerial Corporation must, by notice in writing, require the applicant for approval and the person who made the objection to attend a conference (a "mediation session") for the purpose of resolving the objection by mediation.

(2) A mediation session is to be conducted, by a person appointed by the Ministerial Corporation as chairperson of the mediation session, in accordance with the procedures determined by the Ministerial Corporation.

(3) The Ministerial Corporation may refuse to determine an application for approval if the applicant for approval fails to take part in a mediation session as required by the Ministerial Corporation.

(4) The Ministerial Corporation may reject an objection if the person who made the objection fails to take part in a mediation session as required by the Ministerial Corporation.

(5) A person is taken to have failed to take part in a mediation session if, in the opinion of the Ministerial Corporation, the person:

(a) has unreasonably failed to attend, or unreasonably delayed attending, a mediation session, or

(b) has not taken part in a mediation session in good faith.

(6) Any statement or admission made in the course of a mediation session is not admissible in any legal proceedings.

(7) The Ministerial Corporation is to have regard to the outcome of a mediation session, and any findings or recommendations made by the person appointed to conduct the mediation session, in determining whether to grant an approval, and in imposing any conditions on the grant of an approval.