Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:1_40
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 1 cl 40
Character Range: 192110–192769

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.