71BJArbitration of disputes

71BJ Arbitration of disputes

71BJ Arbitration of disputes

(1) Any dispute between—

(a) the Secretary and a board of management, or

(b) the Minister or Secretary and an Aboriginal Land Council or Councils,

concerning matters arising under this Part (other than matters in respect of which a direction has been given to the Secretary by a board of management in accordance with this Part) is to be arbitrated by a panel of 3 arbitrators.

(2) One of the 3 arbitrators is to be appointed by the Secretary, one by the board of management for the lands concerned and the third by agreement between the first 2 arbitrators or, failing such agreement, by the Chief Judge of the Land and Environment Court.

(3) The procedures to apply to an arbitration are to be determined by the panel of arbitrators.

(4) In conducting an arbitration, the arbitrators are to have regard to—

(a) the preservation of the rights and interests of native title holders, and

(b) the views on the subject of the dispute expressed by the Aboriginal owner board members,

in relation to the lands concerned.

(5) The regulations may make provision with respect to the arbitration of disputes under this section including as to the fixing and payment of the remuneration and expenses of the arbitrators.

s 71BJ: Ins 1996 No 142, Sch 1 [21].