Agricultural Tenancies Regulation 2001 (NSW)

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Agricultural Tenancies Act 1990.

Minister for Agriculture

1Name of Regulation

This Regulation is the Agricultural Tenancies Regulation 2001.

2Commencement

This Regulation commences on 1 September 2001.

3Definition

In this Regulation:

the Act means the Agricultural Tenancies Act 1990.

4Notes

The explanatory note and table of contents do not form part of this Regulation.

5Awards(1)

As soon as practicable after an award is made under the Act, 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 single arbitrator, or by the chairperson of the committee, as the case requires.

(3)

An award need not include a statement of the reasons for making the award.

6Remuneration of arbitrators and members of arbitration committees

The rate of remuneration of:

• (a)

  an arbitrator, or

• (b)

  a member of an arbitration committee, or

• (c)

  a technical assessor,

is to be as fixed from time to time by the Minister.

7Application of Commercial Arbitration Act 1984

Section 34 (1) (b) of the Commercial Arbitration Act 1984 does not apply to or in respect of an arbitration under the Act.

8Repeal

The Agricultural Tenancies Regulation 1996 is repealed.

9Savings and transitional provisions(1)

Part 4 of the Act, as in force immediately before the commencement of Schedule 1 [8] to the 2001 amending Act, continues to apply to arbitration proceedings under that Part for which an arbitration committee or arbitrator had been appointed, but which had not been completed, before that commencement as if the 2001 amending Act had not been enacted.

(2)

Any award, order or declaration arising from arbitration proceedings under Part 4 of the Act, as in force immediately before the commencement of Schedule 1 [8] to the 2001 amending Act, continues to have effect, and may be enforced, as if the 2001 amending Act had not been enacted.

(3)

In this clause, the 2001 amending Act means the Agricultural Tenancies Amendment Act 2001.