Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where a
determination is made in respect of a dispute referred to the
Board —
(a) the
mediator, if of the opinion that a settlement has been reached which is
acceptable to all parties to the dispute; or
(b) the
member presiding, where the matter is dealt with by a tribunal,
may make an order that
gives effect to that determination.
(2) An order made
under subsection (1) may —
(a)
require a party to the dispute —
(i)
to refrain from carrying on any agricultural practice;
(ii)
in the carrying out or management of any agricultural
practice, to observe the limitations, modifications or conditions specified in
the order; or
(iii)
to do, or not to do, any act specified in the order in so
far as the act may relate to the carrying on of any agricultural practice;
(b)
specify what constitutes a normal farm practice;
(c) make
provision, subject to clause 9 of Schedule 1, as to the payment of
costs; or
(d)
dismiss the proceedings.
(3) An order made
under subsection (1) may specify that an agricultural practice shall, for
the purposes of this Act, be taken to be a normal farm practice, for a period
specified in the order not exceeding 2 years, notwithstanding that by
reason of an amendment to the written law relating to environmental matters
enacted since the practice was adopted that practice does not at the time of
the determination comply with that written law.
(4) An order made
under subsection (1) may direct that what is, by that order, required to
be done or not to be done shall be given effect to within a time limited in
the order.
(5) Upon the making of
any order, proceedings under this Act may be adjourned to a fixed date or
without fixing a date.
(6) Notwithstanding
that a certificate may have been given under section 8(2) that the
proceedings have concluded, a tribunal may give leave to the person in whose
favour an order operates to renew the reference if the order is not complied
with, and upon any written notice requesting renewal the Registrar shall take
such steps as are required by Schedule 1 to bring the matter before a
tribunal, which may be constituted by persons other than those who constituted
the tribunal by which the leave was given, as though the notice had been
lodged under clause 6 of Schedule 1.
(7) Where —
(a)
proceedings are adjourned under subsection (5); or
(b) a
tribunal gives leave to renew a reference under subsection (6),
if so ordered by a
Judge on a chambers application made by way of originating summons by a person
who has instituted proceedings before a court, or before a tribunal of a kind
other than a tribunal under this Act, in respect to the issue in dispute
seeking a declaration as to the rights of that person as affected by this Act,
the matter shall be justiciable whether or not the proceedings under this Act
are concluded.