WATER ACT 2000 - SECT 426
Parties may seek conference or independent ADR
WATER ACT 2000 - SECT 426
Parties may seek conference or independent ADR
426 Parties may seek conference or independent ADR
(1) This section applies if a dispute arises about a matter mentioned in
section 425.
(2) Either party may—
(a) 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
(b) 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.
(3) The ADR may be
a non-binding process of any type, including, for example, a case appraisal,
conciliation, mediation or negotiation.
(a) details of the matters the subject of the dispute; and
(b) the
type of ADR proposed; and
(c) the name of an ADR facilitator, who is
independent of both parties, proposed to conduct the ADR; and
(d) that the
resource tenure holder is liable for the costs of the ADR facilitator; and
(e) any other information prescribed by regulation.
(6) 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.
(7) 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.
(8) 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.
(9) The resource tenure holder must bear the costs of
the ADR facilitator.
(a) a reference
to an ADR process included a reference to the ADR; and
(b) a reference to an
ADR convenor included a reference to the ADR facilitator.
(11) 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.