sec.178Arbitrator’s functions

### sec.178 Arbitrator’s functions The arbitrator has authority to decide the dispute by the issuance of an award. The award must be consistent with— for an overlap dispute— optimising the development and use of the State’s coal and coal seam gas resources; and safety and health requirements under mining safety legislation; or for a co-existence dispute— optimising the development and use of the State’s resources; and safety and health requirements under mining safety legislation. The award must be made— within 6 months after the appointment of the arbitrator; or if the arbitrator decides—within 9 months after the appointment of the arbitrator. A regulation may prescribe matters an arbitrator must consider in deciding an award. A regulation made under subsection (4) does not limit the matters an arbitrator may consider. s 178 amd 2016 No. 30 s 56 reloc 2020 No. 14 s 74 amd 2020 No. 14 s 77 (sec.178-ssec.1) The arbitrator has authority to decide the dispute by the issuance of an award. (sec.178-ssec.2) The award must be consistent with— for an overlap dispute— optimising the development and use of the State’s coal and coal seam gas resources; and safety and health requirements under mining safety legislation; or for a co-existence dispute— optimising the development and use of the State’s resources; and safety and health requirements under mining safety legislation. (sec.178-ssec.3) The award must be made— within 6 months after the appointment of the arbitrator; or if the arbitrator decides—within 9 months after the appointment of the arbitrator. (sec.178-ssec.4) A regulation may prescribe matters an arbitrator must consider in deciding an award. (sec.178-ssec.5) A regulation made under subsection (4) does not limit the matters an arbitrator may consider. - (a) for an overlap dispute— (i) optimising the development and use of the State’s coal and coal seam gas resources; and (ii) safety and health requirements under mining safety legislation; or - (i) optimising the development and use of the State’s coal and coal seam gas resources; and - (ii) safety and health requirements under mining safety legislation; or - (b) for a co-existence dispute— (i) optimising the development and use of the State’s resources; and (ii) safety and health requirements under mining safety legislation. - (i) optimising the development and use of the State’s resources; and - (ii) safety and health requirements under mining safety legislation. - (i) optimising the development and use of the State’s coal and coal seam gas resources; and - (ii) safety and health requirements under mining safety legislation; or - (i) optimising the development and use of the State’s resources; and - (ii) safety and health requirements under mining safety legislation. - (a) within 6 months after the appointment of the arbitrator; or - (b) if the arbitrator decides—within 9 months after the appointment of the arbitrator.