(1)  Before hearing an application, the Appeal Tribunal –

(a) must consider whether reasonable attempts to resolve the matter to which the application relates have been made by the parties; and

(b) if the Appeal Tribunal is not satisfied that reasonable attempts to resolve the matter to which the application relates have been made by the parties, may direct the parties to an application to attempt to resolve the matter to which the application relates.

(2)  For the purposes of determining whether reasonable attempts to resolve a matter have been made, the Appeal Tribunal may take into account –

(a) whether a request under section 19(1) has been made, or a branch removal notice under section 20(1) or a notice under section 22(1) has been given, in relation to the matter; and

(b) whether the owner of the land on which a plant is situated has refused to carry out work in relation to the plant because the owner reasonably believes that the work may affect –

(i) the health or structural stability of the plant; and

(ii) the safety of land or persons and property on the land.

(3)  In considering whether to issue a direction under subsection (1)(b) or section 16A or 17 of the RMPAT Act, the Appeal Tribunal may take into account whether –

(a) there have been any threats of violence made by any of the parties to the application to any other party; and

(b) there are any orders of a court or tribunal in relation to a party for the purpose of restraining any behaviour of the party that may affect another party to the application or a person who is acting on behalf of another party to the application; and

(c) the parties have participated in any form of alternative dispute resolution in relation to the matter.

(4)  This section does not limit the application of section 16A or 17 of the RMPAT Act.