229Parties are liable to Project Minister for expert's costs paid by the Minister

229 Parties are liable to Project Minister for expert's costs paid by the Minister

(1) The parties are liable to the Project Minister for the expert's costs as provided in a determination under this section and the Project Minister may recover those costs from the parties in a court of competent jurisdiction.

(2) The expert may make a determination as to the apportionment of liability between the parties for the payment of the expert's costs under subsection (1).

(3) A determination under subsection (2) must be fair and reasonable.

(4) In determining what is fair and reasonable for the purpose of subsection (3), the expert may have regard to—

(a) whether a party used all reasonable endeavours to negotiate a utility agreement in the period referred to in section 214;

(b) the reasonableness of the submissions of a party, having regard to the nature of the dispute.

(5) Subsection (4) does not limit what may be had regard to in determining what is fair and reasonable for the purpose of subsection (3).

(6) A determination under subsection (2) must—

(a) set out the reasons of the expert; and

(b) be given to the Project Minister and the parties.

expert's costs means the fees, allowances and costs referred to in section 221.