South Australian Current Acts South Australian Current Acts29—Proposals to carry out road works and arbitration of disputes
(1) Where the
Commissioner of Highways desires to carry out road works on the lands, he
shall submit to Maralinga Tjarutja proposals containing—
(a) a
plan describing the land upon which the road works are to be carried out; and
(b) a
description of all ancillary or associated works that are to be carried out
and of the areas in which those ancillary or associated works are to be
carried out; and
(c) a
description of the access roads to be used for the purpose of the road works,
or the ancillary or associated works; and
(d) a
general description of the areas in which gravel or stone is to be quarried
for the purpose of the road works; and
(e) such
other information as Maralinga Tjarutja may reasonably require.
(2) If the
Commissioner and Maralinga Tjarutja are unable to agree on the proposals, or
on some modified form of the proposals, the Commissioner may submit the
differences to arbitration.
(3) The arbitrator
shall be the arbitrator appointed in pursuance of section 21.
(4) The arbitrator is
empowered to determine any matter in dispute and his determination shall be
binding upon the Commissioner and Maralinga Tjarutja.
(5) No compensation is
payable to Maralinga Tjarutja in respect of loss or damage arising from road
works where those road works are carried out in relation to the road described
in Schedule 3 and in accordance with conditions agreed by Maralinga Tjarutja
and the Commissioner, or determined by the arbitrator.