NSWIn ForceAct
Mining Act 1992
148AApproved arbitration procedures
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#### 148A Approved arbitration procedures
148A Approved arbitration procedures
> > (1) The Secretary may, by order published in the Gazette, approve arbitration procedures for the conduct of mediations and arbitrations under this Division (approved arbitration procedures).
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> > (2) The approved arbitration procedures may include guidance materials for the benefit of the parties and arbitrators.
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> > (3) The approved arbitration procedures may also include, but are not limited to, the following—
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> > > (a) objectives and principles for arbitration,
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> > > (b) responsibilities of parties and the arbitrator in the arbitration process,
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> > > (c) stages and timeframes for the arbitration framework,
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> > > (d) processes for dealing with significant improvements,
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> > > (e) confidentiality,
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> > > (f) suspension of mediation or arbitration proceedings in certain circumstances,
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> > > (g) production of evidence of costs incurred by landholders.
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> > (4) Unless the parties and the arbitrator agree otherwise, mediation and arbitration under this Division is to be conducted in accordance with the provisions of the approved arbitration procedures.
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> > (5) In the event of an inconsistency between a provision of the approved arbitration procedures and a provision of this Act or of the regulations, the provision of this Act or of the regulations prevails.
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> > (6) If a matter is not provided for in this Act, the regulations or the approved arbitration procedures, the procedure at a mediation or a hearing is to be as determined by the arbitrator.
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> > (7) Approved arbitration procedures take effect on the day on which the procedures are published in the Gazette or, if a later day or days are specified for that purpose, on the later day or days so specified.
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> > (8) Sections 40 and 41 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) apply to the approved arbitration procedures under this section in the same way as they apply to statutory rules within the meaning of that Act.
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> **ss 148A–148C:** Ins 2015 No 41, Sch 1 \[14\].