Document ID: chunk:federal_register_of_legislation:F2015L01818:front:0:p149
Version: federal_register_of_legislation:F2015L01818
Segment Type: other
Provision Reference: 
Character Range: 423846–426929

techniques agreed by them.

       If the Parties do not agree within seven (7) days of receipt of the notice (or such further period as agreed in writing by them) as to:

           (i)                the dispute resolution technique and procedures to be adopted;

           (ii)              the timetable for all steps in those procedures; and

           (iii)            the selection and compensation of the independent person required for such technique,

       The Parties must mediate the Dispute in accordance with the Mediation Rules of The Law Society of New South Wales and the President of the Law Council of Australia (or its successor) or the President's nominee will select the mediator and determine the mediator's remuneration.

       (c)       in determining the question of any variation to the Lease, the mediator and the Parties shall have regard to the following matters:

           (i)                the preservation and protection of the Community ways of life, culture and tradition;

           (ii)              the interests, proposals, opinions and wishes of the Community in relation to the management, use and control of the Park;

           (iii)            the growth and development of the Community's social, cultural and economic structures;

           (iv)           freedom of access by Community members to the Park and their freedom to carry out in the Park rites, ceremonies and other activities in accordance with Aboriginal tradition;

           (v)             the preservation of the natural environment;

           (vi)           the use of the Park for tourist activities; and

           (vii)          the duties, actions and responsibilities of the Director in relation to the Park.

    21.3         If the mediation pursuant to paragraph 21.2(b) does not bring about a resolution to the dispute within 180 days of a mediator being appointed then:

       (a)      the disagreement will be referred to arbitration by a barrister or solicitor of ten (10) years standing agreed between the parties or failing agreement, a person nominated by the Chief Judge of the Federal Court of Australia, or if the said Judge fails to appoint an arbitrator within thirty (30) days after having been requested in writing by one of the parties so to do, by an arbitrator appointed by the President for the time being of the Law Council of Australia or its successor;

       (b)      in determining the question of any variation to the Lease the provisions of the Commercial Arbitrator Act 1986 (ACT) shall apply and the arbitrator shall have regard to the matters set out in paragraph 2 1.2(c);

       (c)       Notwithstanding any of the foregoing, the arbitrator's determination shall:

          (i)         preserve the benefits and the essential rights conferred on the Council and the Community by the Lease; and

          (ii)        not reduce the payments or rates of payments payable in accordance with clauses 7 and 8.

          (iii)      Any and all variations to the Lease shall preserve the benefits and the essential