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Mineral and Energy Resources (Common Provisions) Act 2014
sec.96Party may apply to Land Court
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### sec.96 Party may apply to Land Court
This section applies if—
a party has given an ADR election notice under section 88 to another party seeking to negotiate the resolution of a dispute; and
at the end of the ADR period for the ADR, the parties have not entered into a conduct and compensation agreement; and
the dispute is not the subject of arbitration under chapter 7A , part 2 , division 2 .
Either party may apply to the Land Court to decide the dispute.
However, the Land Court may decide the liability or future liability only to the extent it is not subject to a conduct and compensation agreement between the parties.
s 96 sub 2018 No. 24 s 52
amd 2024 No. 33 s 85
(sec.96-ssec.1) This section applies if— a party has given an ADR election notice under section 88 to another party seeking to negotiate the resolution of a dispute; and at the end of the ADR period for the ADR, the parties have not entered into a conduct and compensation agreement; and the dispute is not the subject of arbitration under chapter 7A , part 2 , division 2 .
(sec.96-ssec.2) Either party may apply to the Land Court to decide the dispute.
(sec.96-ssec.3) However, the Land Court may decide the liability or future liability only to the extent it is not subject to a conduct and compensation agreement between the parties.
- (a) a party has given an ADR election notice under section 88 to another party seeking to negotiate the resolution of a dispute; and
- (b) at the end of the ADR period for the ADR, the parties have not entered into a conduct and compensation agreement; and
- (c) the dispute is not the subject of arbitration under chapter 7A , part 2 , division 2 .