40No re‑opening of issues previously decided

40  No re‑opening of issues previously decided   If:  (a) the arbitral body is making a determination in relation to an act consisting of the creation of a right to mine in relation to an area; and  (b) an agreement, or a determination by an arbitral body, under this Subdivision involving the same negotiation parties was previously made in relation to a future act consisting of the creation of a right to mine in relation to the same area; and  (c) an issue was decided in the agreement or during the inquiry; the negotiation parties must not, without leave of the arbitral body that is making the determination, seek to vary the decision on the issue.