55C—Circumstances in which Technical Regulator not obliged to determine
dispute
(1) The
Technical Regulator will not determine a vegetation clearance scheme dispute
unless—
(a) at
least six months have passed since the presentation by one of the parties to
the other of a written proposal for a vegetation clearance scheme between the
parties or for modification of such a scheme; or
(b) less
than six months have passed since the presentation of such a proposal but the
other party has not negotiated reasonably and constructively, or at all, on
the proposal.
(2) The
Technical Regulator is not obliged to determine a vegetation clearance scheme
dispute if the Technical Regulator is satisfied—
(a) that
the subject matter of the dispute is trivial, misconceived or lacking in
substance; or
(b)
taking into account the particular circumstances of the dispute, that the
party seeking determination of the dispute has not negotiated reasonably and
constructively, or at all, on the proposal; or
(c) on
the application of a party to the dispute and taking into account the
particular circumstances of the dispute, that there are good reasons why the
dispute should not be determined.