157Variation of access arrangements

#### 157 Variation of access arrangements 157 Variation of access arrangements > > (1) An access arrangement may be varied— > > > > > (a) in accordance with the terms of the arrangement relating to its variation, or > > > > > (b) by the agreement of the parties to the arrangement, or > > > > > (c) by an arbitrator under this section (whether or not the access arrangement was determined by an arbitrator), or > > > > > (d) on application by any of the parties to the arrangement, by order of the Land and Environment Court if the arrangement was determined by a court or an arbitrator. > > > (2) A party to an access arrangement may, by written notice served on all the other parties to the arrangement, request the parties to agree to the appointment of an arbitrator. > > > (3) The parties to an access arrangement may agree to the appointment of any person as an arbitrator. > > > (4) Sections 144–151 and 152–156 apply, with all necessary changes, in relation to an arbitration under this section, subject to the following modifications— > > > > > (a) in the application of section 144 (1), the reference to a notice served in accordance with section 143 is taken to be a reference to a notice served in accordance with subsection (2), > > > > > (b) section 144 (2) does not apply and instead the following applies— > > > > > > > > (2) Before an arbitrator is appointed under this section, the party requesting the appointment of an arbitrator must pay the application fee prescribed by the regulations for the purposes of this section. > > > > > (c) section 148C does not apply and instead the following provision applies— > > > > > (d) any other modification prescribed by the regulations. > > > (5) In this section, vary includes terminate. > > **s 157:** Subst 2010 No 29, Sch 1 \[11\]; 2015 No 41, Sch 1 \[21\].