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Mineral and Energy Resources (Common Provisions) Act 2014
sec.92AParty may seek ADR
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### sec.92A Party may seek ADR
This section applies if a dispute arises between a resource authority holder and an eligible claimant (the parties ) about—
the payment of negotiation and preparation costs under section 91 ; or
whether the compensation liability or future compensation liability of the resource authority holder to the eligible claimant, agreed to under a conduct and compensation agreement or decided by the Land Court, has been affected by a material change in circumstances since the agreement or decision.
Either party may give an ADR election notice to the other party asking the other party to participate in ADR to seek to negotiate a resolution of the dispute.
A party given an ADR election notice must, within 10 business days after the notice is given, accept or refuse the request for ADR.
If a party given an ADR election notice does not accept the request for ADR within 10 business days after the notice is given, the party is taken to refuse the request.
If the request for ADR is accepted under subsection (3) , the parties may, within 10 business days after the acceptance, jointly appoint the ADR facilitator proposed in the ADR election notice, or another ADR facilitator, to conduct the ADR.
Chapter 7A , part 1 , division 2 applies to the ADR.
s 92A ins 2024 No. 33 s 84
(sec.92A-ssec.1) This section applies if a dispute arises between a resource authority holder and an eligible claimant (the parties ) about— the payment of negotiation and preparation costs under section 91 ; or whether the compensation liability or future compensation liability of the resource authority holder to the eligible claimant, agreed to under a conduct and compensation agreement or decided by the Land Court, has been affected by a material change in circumstances since the agreement or decision.
(sec.92A-ssec.2) Either party may give an ADR election notice to the other party asking the other party to participate in ADR to seek to negotiate a resolution of the dispute.
(sec.92A-ssec.3) A party given an ADR election notice must, within 10 business days after the notice is given, accept or refuse the request for ADR.
(sec.92A-ssec.4) If a party given an ADR election notice does not accept the request for ADR within 10 business days after the notice is given, the party is taken to refuse the request.
(sec.92A-ssec.5) If the request for ADR is accepted under subsection (3) , the parties may, within 10 business days after the acceptance, jointly appoint the ADR facilitator proposed in the ADR election notice, or another ADR facilitator, to conduct the ADR.
(sec.92A-ssec.6) Chapter 7A , part 1 , division 2 applies to the ADR.
- (a) the payment of negotiation and preparation costs under section 91 ; or
- (b) whether the compensation liability or future compensation liability of the resource authority holder to the eligible claimant, agreed to under a conduct and compensation agreement or decided by the Land Court, has been affected by a material change in circumstances since the agreement or decision.