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MINING ACT 1992 - SECT 151A
Determination as to costs
151A Determination as to costs
(1) This section applies to an arbitrator in the following circumstances- (a)
as soon as practicable after an interim determination is taken to be a final
determination,
(b) on making a final determination under this Division,
(c)
before terminating an arbitration at the request of the parties.
(2) The
arbitrator must determine the following- (a) if the parties have disputed a
payment to cover the landholder’s costs in negotiating the access
arrangement, the amount of that payment (in accordance with section 142), and
(b) the reasonable costs of the landholder in participating in the mediation
and arbitration (in accordance with section 148C).
(3) When determining a
payment to cover the reasonable costs of the landholder in participating in
the mediation and arbitration, the arbitrator must- (a) consider whether or
not the landholder has acted unreasonably in the negotiation, mediation or
arbitration, and
(b) deduct an amount that in the opinion of the arbitrator
represents the amount by which the unreasonable conduct increased the costs of
the negotiation, mediation or arbitration.
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