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MINING ACT 1992 - SECT 155
Review of determination
155 Review of determination
(1) A party to a hearing who is aggrieved by an arbitrator's final
determination may apply to the Land and Environment Court for a review of the
determination.
(2) An application-- (a) must be accompanied by a copy of the
determination to which it relates, together with a copy of any access
arrangement forming part of the determination, and
(b) must be filed in the
Land and Environment Court-- (i) in the case of an interim determination that
has become a final determination--within 28 days after a copy of the interim
determination was served on the applicant, or
(ii) in the case of a final
determination--within 14 days after a copy of the final determination was
served on the applicant.
(3) An application for review may not be made-- (a)
during the period of 14 days within which an application may be made to an
arbitrator, or
(b) if such an application is made, until the arbitrator has
made a final determination with respect to the application.
(4) The applicant
must cause a copy of the application to be served on each of the other parties
to the determination to which the application relates.
(5) Subject to any
order of the Land and Environment Court to the contrary, an application for
review of a determination operates to stay the effect of any related access
arrangement in relation to a party to the arrangement from the time when a
copy of the arrangement has been served on the party until the decision of the
Land and Environment Court on the review.
(6) In reviewing a determination
under this section, the Land and Environment Court has the functions of an
arbitrator under this Division in addition to its other functions.
(6A) A
review of a determination is to be by way of rehearing, and fresh material or
material in addition to, or in substitution for, the material considered on
the making of the determination by the arbitrator may be given on the review
and taken into consideration by the Land and Environment Court.
(7) The
decision of the Land and Environment Court on a review of a determination is
final and is to be given effect to as if it were the determination of an
arbitrator.
(8) The holder of the prospecting title must pay the reasonable
costs of the landholder of the land concerned in a review of a determination
under this section.
(9) The Land and Environment Court, in determining those
reasonable costs, must consider whether or not the landholder has acted
unreasonably in the negotiation, mediation, arbitration or review proceedings.
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