NSWIn ForceRegulation
Mining Regulation 2016
39AProcedure for appointment of person as member of Arbitration Panel
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#### 39A Procedure for appointment of person as member of Arbitration Panel
39A Procedure for appointment of person as member of Arbitration Panel
> For the purposes of section 139 (2) of the Act, the Minister must, before appointing a person as a member of the Arbitration Panel—
>
> > (a) publish a notice inviting applications for appointment to the Arbitration Panel in at least 1 newspaper circulating generally in Australia, and
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> > (b) give notice to at least 1 independent arbitration body recognised in New South Wales, inviting applications for appointment as a member of the Arbitration Panel, and
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> > (c) establish an Assessment Panel, comprising the following 3 members—
> >
> > > (i) 1 person who is an Australian legal practitioner of at least 7 years’ standing who has, in the opinion of the Minister, extensive arbitration experience,
> >
> > > (ii) 1 person nominated by the Minister for Primary Industries,
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> > > (iii) 1 person nominated by the Minister, and
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> > (d) direct the Assessment Panel to—
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> > > (i) evaluate applications for appointment to the Arbitration Panel, having regard to the eligibility criteria specified in clause 39B, and
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> > > (ii) make recommendations for appointment to the Minister, and
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> > (e) have regard to any recommendations made by the Assessment Panel, and
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> > (f) consult with the Minister for Aboriginal Affairs and the Minister for Primary Industries on any proposed appointee.
>
> **cl 39A:** Ins 2016 (719), Sch 2 \[2\].