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Mineral and Energy Resources (Common Provisions) Act 2014
sec.88Party may require ADR
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### sec.88 Party may require ADR
This section applies if, at the end of the minimum negotiation period, the parties have not entered into a conduct and compensation agreement relating to a dispute about a matter mentioned in section 83 (1) .
Either party may give an ADR election notice requiring the other party to participate in ADR to seek to negotiate a resolution of the dispute.
For subsection (2) , the dispute is resolved by the parties entering into a conduct and compensation agreement.
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.
If the party given an ADR election notice does not accept, under subsection (4) , 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.
If a party obtains a decision under subsection (5) from the Land Court or a prescribed ADR institute, the party must give the other party notice of the decision.
Chapter 7A , part 1 , division 2 applies to the ADR.
s 88 sub 2018 No. 24 s 46
amd 2024 No. 33 s 80
(sec.88-ssec.1) This section applies if, at the end of the minimum negotiation period, the parties have not entered into a conduct and compensation agreement relating to a dispute about a matter mentioned in section 83 (1) .
(sec.88-ssec.2) Either party may give an ADR election notice requiring the other party to participate in ADR to seek to negotiate a resolution of the dispute.
(sec.88-ssec.3) For subsection (2) , the dispute is resolved by the parties entering into a conduct and compensation agreement.
(sec.88-ssec.4) 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.
(sec.88-ssec.5) If the party given an ADR election notice does not accept, under subsection (4) , 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.
(sec.88-ssec.6) If a party obtains a decision under subsection (5) from the Land Court or a prescribed ADR institute, the party must give the other party notice of the decision.
(sec.88-ssec.7) Chapter 7A , part 1 , division 2 applies to the ADR.