Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) This section applies if the parties to a related WMA are unable to reach agreement about the provisions of an appropriate WMA within the prescribed period.
(2) If the appropriate WMA is a coordinator arrangement, the matters in dispute must be decided by an arbitrator in the Territory.
(3) If the appropriate WMA is a supplier arrangement or operator arrangement, the parties to the related WMA may agree that the matters in dispute be decided by an arbitrator in the Territory.
(4) A notice relating to arbitration, signed by the parties to the related WMA, must be given to the NT EPA before the end of the negotiation period and must state:
(a) that the parties are unable to reach agreement about the provisions of the appropriate WMA; and
(b) the matter is to be referred to an arbitrator in the Territory; and
(c) whether or not the parties have reached an agreement about the arbitrator who is to decide the matter; and
(d) if the parties have reached an agreement mentioned in paragraph (c) – the details of the arbitrator.
(5) If the parties are unable to reach an agreement mentioned in subsection (4)(c), the NT EPA must appoint an arbitrator.
(6) The NT EPA may extend the negotiation period, as necessary, to enable the completion of arbitration, the signing of an appropriate WMA and the granting of a replacement approval.
(7) An arbitrator's decision for this section is binding on the parties to the arbitration proceedings.
(8) However, if the arbitrator's decision relates to a coordinator arrangement and a CDS coordinator disagrees with the decision, the coordinator:
(a) may elect:
(i) not to be bound by the decision; and
(ii) not to continue as a CDS coordinator; and
(b) if the coordinator makes that election – must give written notice of the election, within 7 days after being notified of the arbitrator's decision, to:
(i) the arbitrator and each CDS participant who was a party to the arbitration proceedings; and
(ii) the NT EPA.
(9) The costs of arbitration must be shared equally by the parties, including a CDS coordinator who has decided not to continue as a CDS coordinator.
(10) In this section:
"negotiation period" means the following:
(a) the relevant prescribed period under section 98;
(b) if the period has been extended under section 98(5) – the extended period.
"prescribed period" means the period that ends 14 days before the end of the negotiation period.