sec.179Expert appointed by arbitrator

### sec.179 Expert appointed by arbitrator The arbitrator— for an overlap dispute— must appoint at least 1 qualified person with expertise in coal mining, and 1 qualified person with expertise in coal seam gas exploration and production (each an appointed expert ), to report to the arbitrator on specific issues decided by the arbitrator; and may appoint another appropriately qualified person (also an appointed expert ) to report to the arbitrator on specific issues decided by the arbitrator; and for a co-existence dispute—may appoint an appropriately qualified person (also an appointed expert ) to report to the arbitrator on specific issues decided by the arbitrator; and may require a party to the arbitration to give an appointed expert any relevant information or to produce, or to provide access to, any relevant documents or other property for the appointed expert’s inspection. If a party to the arbitration requests, or if the arbitrator considers it necessary, the appointed expert must, after delivery of the appointed expert’s written or oral report, participate in a hearing where the parties to the arbitration have the opportunity to put questions to the appointed expert and present persons with relevant expertise to give evidence on the points at issue. In this section— qualified person means a person with the experience or qualifications prescribed by regulation. s 179 amd 2018 No. 24 s 59 reloc 2020 No. 14 s 74 amd 2020 No. 14 s 78 (sec.179-ssec.1) The arbitrator— for an overlap dispute— must appoint at least 1 qualified person with expertise in coal mining, and 1 qualified person with expertise in coal seam gas exploration and production (each an appointed expert ), to report to the arbitrator on specific issues decided by the arbitrator; and may appoint another appropriately qualified person (also an appointed expert ) to report to the arbitrator on specific issues decided by the arbitrator; and for a co-existence dispute—may appoint an appropriately qualified person (also an appointed expert ) to report to the arbitrator on specific issues decided by the arbitrator; and may require a party to the arbitration to give an appointed expert any relevant information or to produce, or to provide access to, any relevant documents or other property for the appointed expert’s inspection. (sec.179-ssec.2) If a party to the arbitration requests, or if the arbitrator considers it necessary, the appointed expert must, after delivery of the appointed expert’s written or oral report, participate in a hearing where the parties to the arbitration have the opportunity to put questions to the appointed expert and present persons with relevant expertise to give evidence on the points at issue. (sec.179-ssec.3) In this section— qualified person means a person with the experience or qualifications prescribed by regulation. - (a) for an overlap dispute— (i) must appoint at least 1 qualified person with expertise in coal mining, and 1 qualified person with expertise in coal seam gas exploration and production (each an appointed expert ), to report to the arbitrator on specific issues decided by the arbitrator; and (ii) may appoint another appropriately qualified person (also an appointed expert ) to report to the arbitrator on specific issues decided by the arbitrator; and - (i) must appoint at least 1 qualified person with expertise in coal mining, and 1 qualified person with expertise in coal seam gas exploration and production (each an appointed expert ), to report to the arbitrator on specific issues decided by the arbitrator; and - (ii) may appoint another appropriately qualified person (also an appointed expert ) to report to the arbitrator on specific issues decided by the arbitrator; and - (b) for a co-existence dispute—may appoint an appropriately qualified person (also an appointed expert ) to report to the arbitrator on specific issues decided by the arbitrator; and - (c) may require a party to the arbitration to give an appointed expert any relevant information or to produce, or to provide access to, any relevant documents or other property for the appointed expert’s inspection. - (i) must appoint at least 1 qualified person with expertise in coal mining, and 1 qualified person with expertise in coal seam gas exploration and production (each an appointed expert ), to report to the arbitrator on specific issues decided by the arbitrator; and - (ii) may appoint another appropriately qualified person (also an appointed expert ) to report to the arbitrator on specific issues decided by the arbitrator; and