(1) If--(a) a party applied to the Land and Environment Court for a determination of a matter under section 72 (4), and(b) no access arrangement relates to the land concerned,either party to those Court proceedings may apply to the Court to have the Court determine an access arrangement under this Part in relation to the land.
(2) An application under this section must not be lodged within 28 days after the holder of the prospecting title has served notice under section 69E of an intention to obtain an access arrangement in respect of the land concerned.
(3) The Land and Environment Court may accept or reject the application.
(4) Subject to any order of the Land and Environment Court, an application under this section operates to stay any other access arrangement mediation or arbitration in relation to the land until the decision of the Land and Environment Court on the application.
(5) If the Land and Environment Court decides to accept the application--(a) the Land and Environment Court is, subject to the regulations, to determine an access arrangement under this Part in relation to the land, and(b) any other access arrangement mediation or arbitration in relation to the land is terminated.