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Contents (1979 - 204)
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Land and Environment Court Act 1979 No 204
Current version for 7 December 2019 to date (accessed 10 April 2020 at 10:30)
Part 4 Division 6 Section 41A
41A   Mandatory conciliation and arbitration
(1)  This section applies to proceedings relating to small-scale titles that are pending in Class 8 of the Court’s jurisdiction to hear and dispose of proceedings arising under the Mining Act 1992 other than proceedings relating to a matter referred to in section 293(1)(q) of that Act.
(2)  Section 34 applies to the proceedings (in the same way as it applies to proceedings in Class 1, 2 or 3 of the Court’s jurisdiction) but with the following modifications—
(a)  the Court must arrange a conciliation conference between the parties and their representatives with or without their consent at such place as the Court determines,
(b)  if no agreement of a kind referred to in section 34(3) is reached, the Commissioner who presides over the conciliation conference must terminate the conciliation conference and, subject to this section, dispose of the proceedings—
(i)  following a hearing held forthwith, or
(ii)  if the parties consent, on the basis of what has occurred at the conciliation conference.
(3)  The Court or the Commissioner may at any time, if the Court or Commissioner thinks it appropriate in the circumstances of the case, determine that proceedings are not to be dealt with or are not to continue to be dealt with under subsection (2). A determination may be made on the motion of the Court or Commissioner or on application by the parties.
(4)  If the Court or Commissioner determines that proceedings are not to be dealt with or are not to continue to be dealt with under subsection (2), the proceedings are to be dealt with as a hearing in court and sections 38 and 39 apply as far as is relevant as if the proceedings were proceedings in Class 1, 2 or 3 of the Court’s jurisdiction.