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 \[21\].