Agricultural Tenancies Regulation 1996

AGRICULTURAL TENANCIES REGULATION 1996 under the AGRICULTURAL TENANCIES ACT 1990 [Gazetted, 22 March 1996] UPDATED 26 MARCH 1996 NO AMENDMENTS (SINCE DATE OF GAZETTAL) DDIISSCCLLAAIIMMEERR The New South Wales Legislation published by the Government Information Service in the form of diskettes or on-demand prints is produced from the Legislation Database compiled and maintained by the New South Wales Parliamentary Counsel's Office. No warranty is given that the database is free from error or omission. Furthermore, as the database has been prepared from hard copy, the accuracy of the conversion to electronic form cannot be guaranteed. Accordingly, the State of New South Wales and its servants and agents expressly disclaim liability for any act done or omission made in reliance on the information in the database and any consequences of any such act or omission. 2 1996—96 AGRICULTURAL TENANCIES REGULATION 1996 under the AGRICULTURAL TENANCIES ACT 1990 [Reprinted as at - not reprinted] UPDATED 26 MARCH 1996 NEW SOUTH WALES [STATE ARMS] TABLE OF PROVISIONS PART 1—PRELIMINARY 1. Citation 2. Commencement 3. Definitions PART 2—ARBITRATION Division 1—General procedure 4. Application for arbitration 5. Service of application for arbitration 6. Panels of Chairpersons, owners and tenants Division 2—Arbitration by committee 7. Membership of committee 8. Nomination of committee members 9. Default nominations 10. Appointment of committee Division 3—Arbitration by single arbitrator 11. Single arbitrator PART 3—MISCELLANEOUS 12. Disputes that cannot be referred to arbitration 13. Awards 14. Remuneration 15. Recovery of remuneration 16. Repeal 3 1996—96 AGRICULTURAL TENANCIES REGULATION 1996 under the AGRICULTURAL TENANCIES ACT 1990 [Reprinted as at - not reprinted] UPDATED 26 MARCH 1996 NEW SOUTH WALES [STATE ARMS] PART 1—PRELIMINARY Citation 1. This Regulation may be cited as the Agricultural Tenancies Regulation 1996. Commencement 2. This Regulation commences on 1 June 1996. Definitions 3. In this Regulation: ``Chairperson'' means the presiding member of a committee; ``committee'' means an arbitration committee appointed under Division 2 of Part 2; ``Director-General'' means the Director-General of the Department of Agriculture; ``panel'' means a list referred to in clause 6; ``the Act'' means the Agricultural Tenancies Act 1990. PART 2—ARBITRATION Division 1—General procedure Application for arbitration 4. (1) An application for arbitration is to be addressed to the Director-General and lodged at (or sent by post to) the head office of the Department of Agriculture. (2) The application must be made in a form approved by the Director-General. (3) The form must provide for the applicant to indicate whether he or she desires the application to be treated as an urgent application for the purposes of section 21 (3) of the Act. Service of application for arbitration 5. As soon as practicable after receiving an application for arbitration, the Director-General must cause a copy of the application to be served on the other party (or each other party) to the dispute. 4 Panels of Chairpersons, owners and tenants 6. (1) The Director-General must cause to be drawn up: (a) a list of legal practitioners who may be appointed as Chairpersons of a committee; and (b) a list of owners who may be appointed as members of a committee; and (c) a list of tenants who may be appointed as members of a committee. (2) Each list (referred to in this Regulation as a ``panel'') is to be kept up to date. Division 2—Arbitration by committee Membership of committee 7. A committee is to consist of the following members: (a) a Chairperson appointed by the Director-General from the panel of Chairpersons; (b) an owner member appointed by the Director-General on the nomination of the owner concerned from an available members list (being a list containing at least 3 names selected by the Director-General from the panel of owners and given to the owner concerned); (c) a tenant member appointed by the Director-General on the nomination of the tenant concerned from an available members list (being a list containing at least 3 names selected by the Director-General from the panel of tenants and given to the tenant concerned). Nomination of committee members 8. (1) The applicant for arbitration and the respondent must each nominate a member of the arbitration committee within 21 days after receiving the relevant list referred to in clause 7 (b) or (c). (2) If the person nominated by either party is for any reason not available to be a member of the committee, the Director-General must notify the party to that effect. In that event, the party concerned has a further 21 days to make another nomination. (3) The process indicated in subclause (2) may be repeated as often as is necessary, unless the Director-General is satisfied that the party concerned is abusing the process. In that event, the Director-General may treat the party as having failed to make a nomination in due time. Default nominations 9. (1) If either or both of the parties fail to make a nomination in due time, the Director-General is to make a nomination or nominations from the appropriate panel or panels. (2) A nomination made by the Director-General on the default of a party is taken, for the purposes of this Regulation, to have been made by the defaulting party. Appointment of committee 10. (1) As soon as practicable after nominations for a committee have been made, the Director-General must appoint the committee and ascertain when its members will be available to conduct the arbitration. (2) Having regard to the availability of the members of the committee, the Director-General: (a) must fix a date for the hearing of the arbitration; and (b) must notify the parties and the members of the committee of the date so fixed. Division 3—Arbitration by single arbitrator Single arbitrator 11. (1) If the Director-General decides to treat a dispute concerned as a dispute to which section 21 (3) of the Act applies, the Director-General must appoint a single arbitrator to conduct the arbitration and ascertain when the arbitrator will be available to conduct the arbitration. (2) Having regard to the availability of the arbitrator, the Director-General: (a) must fix a date for the hearing of the arbitration; and (b) must notify the parties and the arbitrator of the date so fixed. PART 3—MISCELLANEOUS 5 Disputes that cannot be referred to arbitration 12. For the purposes of section 20 (2) (b) of the Act, any dispute involving a claim for an amount of money that exceeds the maximum amount that can be claimed in an action that a Local Court sitting in its General Division would have jurisdiction to hear and determine is a prescribed dispute to which section 20 (1) of the Act does not apply. Awards 13. (1) As soon as practicable after an award has been made, a copy of the award must be served on: (a) each of the parties to the arbitration; and (b) in the case of an arbitration conducted by a committee, each of the members of the committee. (2) Each copy of the award must be signed by the Chairperson of the committee, or by the single arbitrator, as the case requires. (3) An award need not include a statement of the reasons for making the award. Remuneration 14. (1) The rate of remuneration of a member of a committee, including the Chairperson, is the rate for the time being fixed by the Minister. (2) The remuneration of a member of a committee, other than the Chairperson, is to be paid by the party by whom the member was nominated. Recovery of remuneration 15. (1) Any remuneration payable to a member of a committee by a party to an arbitration may be recovered from the party by the member as a debt in a court of competent jurisdiction. (2) Alternatively, the Director-General: (a) may pay the remuneration to the member on behalf of the party concerned; and (b) may recover from that party, as a debt in a court of competent jurisdiction, the amount of remuneration so paid. Repeal 16. (1) The Agricultural Tenancies Regulation 1991 is repealed. (2) Any act, matter or thing that, immediately before the repeal of the Agricultural Tenancies Regulation 1991, had effect under that Regulation continues to have effect under this Regulation.