Document ID: chunk:federal_register_of_legislation:C2024C00224:section:40
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 40
Character Range: 261671–262328

40  No re‑opening of issues previously decided
  If:
 (a) the arbitral body is making a determination in relation to an act consisting of the creation of a right to mine in relation to an area; and
 (b) an agreement, or a determination by an arbitral body, under this Subdivision involving the same negotiation parties was previously made in relation to a future act consisting of the creation of a right to mine in relation to the same area; and
 (c) an issue was decided in the agreement or during the inquiry;
the negotiation parties must not, without leave of the arbitral body that is making the determination, seek to vary the decision on the issue.