Mining Access Disputes

In NSW, the holder of an exploration licence issued under the Mining Act 1992 or the Petroleum (onshore) Act 1991, may not carry out exploration activities other than in accordance with an access arrangement with the landholder.

Where the landholder and the explorer cannot agree on suitable arrangements for access, the matter is determined by an arbitrator

  • appointed by mutual agreement between the parties or,
  • where the parties cannot agree, nominated by the Secretary of NSW Trade & Investment.

MedArb Centre is able to nominate arbitrators who have experience as Panel arbitrators appointed by the Minister for Resources and Energy:

Derek Minus, Arbitrator Profile

Brydget Barker-Hudson, Arbitrator Profile

For information about the role of the Arbitrator and the Process of the Arbitration see: Arbitration Procedure

For answers to some Common Questions of Landholders see: Common Questions

Current List of Arbitration Panel members, as at January 2015.