Crown Minerals Act 1991

Permits, access to land, and other matters - Permits, access to land, and title notations - Access to land other than for minimum impact activity

64: Appointment of arbitrator in default of agreement

You could also call this:

"What happens if you and a landowner can't agree on an arbitrator to help you access some land?"

Illustration for Crown Minerals Act 1991

If you want to access some land, but you and the landowner cannot agree on who should be the arbitrator, you can ask the chief executive for help. You can do this if 30 days have passed since you gave notice as required by section 63. When you ask the chief executive for help, you must pay the required fee. The chief executive will then appoint an arbitrator as soon as possible after they get your request. You or the landowner can make this request to the chief executive.

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63: Request for appointment of arbitrator, or

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65: Fixing time and place for conducting hearing, or

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Part 1BPermits, access to land, and other matters
Permits, access to land, and title notations: Access to land other than for minimum impact activity

64Appointment of arbitrator in default of agreement

  1. If, by the end of 30 days after a person desiring access serves notice in accordance with section 63, that person and each owner and occupier of the land concerned have been unable to agree on the appointment of an arbitrator, then any one of them may apply to the chief executive for the appointment of an arbitrator.

  2. Every such application shall be accompanied by the prescribed fee.

  3. On receipt of such an application the chief executive shall as soon as practicable appoint an arbitrator.

Notes
  • Section 64(1): amended, on , by section 64 of the Crown Minerals Amendment Act 2013 (2013 No 14).
  • Section 64(3): amended, on , by section 64 of the Crown Minerals Amendment Act 2013 (2013 No 14).