144Disputes relating to terms of rail access agreements

#### 144 Disputes relating to terms of rail access agreements 144 Disputes relating to terms of rail access agreements > > (1) A party to a rail access agreement may, not more than 14 days after being notified of a new separate rail access agreement under this Part, give notice in writing to the Independent Pricing and Regulatory Tribunal that the terms of the agreement are not acceptable to it and refer the dispute to the Tribunal under Part 4A of the [Independent Pricing and Regulatory Tribunal Act 1992](/view/html/inforce/current/act-1992-039). > > > (2) Part 4A of the [Independent Pricing and Regulatory Tribunal Act 1992](/view/html/inforce/current/act-1992-039) (other than section 24C) applies to any such dispute in the same way that it applies to a dispute with respect to a public infrastructure access regime. > > > (3) A dispute may not be referred or dealt with under this clause unless it is a dispute relating to terms of the new separate rail access agreement that are substantially different from those of the agreement it replaces or relating to whether terms of the previous agreement should be adjusted because of the separation. > > > (4) To avoid doubt, the terms of an agreement are not substantially different merely because it is replaced by more than one agreement with different parties. > > > (5) The arbitrator of the dispute is to determine the dispute by making a written determination. > > > (6) The determination may vary the terms of a separate rail access agreement and any such rail access agreement has effect accordingly. The determination may not vary any terms of a separate rail access agreement that are not substantially different from terms contained in the agreement it replaces. > > > (7) Nothing in this clause prevents the further amendment of the rail access agreement in accordance with its terms or any other law.