satisfied, after considering evidence produced to it, that the party has attempted to settle the claim by conciliation but has not been able to do so because the other party has refused to negotiate a settlement or because both parties are unable to agree. (3) In its application to a claim referred under subsection (1) Part 10 of the Land Acquisition and Compensation Act 1986 has effect as if— (a) it required the Tribunal or the Court (as the S. 88(3)(a) amended by case requires) in determining the No. 91/1994 compensation payable to have regard to the s. 28(2)(b). provisions of this Part; and (b) section 91(1) provided that the licensee must S. 88(3)(b) amended by pay the licensee's own costs and the costs of No. 91/1994 the other party unless— s. 28(2)(b). (i) the other party is not the owner or S. 88(3)(b)(i) substituted by occupier of the land affected; or No. 82/2000 s. 57(2). (ii) the other party has been frivolous or vexatious or has otherwise acted unreasonably— in which case the Tribunal or the Court (as the case requires) may, subject to that section, award such costs as it thinks proper. (4) The licensee must lodge a copy of a determination under this section with the mining registrar for registration. 88A Determination of disputes—Crown land S. 88A inserted by No. 82/2000 (1) A licensee may apply to the Tribunal for a review s. 59. of any requirement made by the Minister under section 85A. (2) A person who is authorised to undertake activities on Crown land under a lease, licence, permit or
satisfied, after considering evidence produced to it, that the party has attempted to settle the claim by conciliation but has not been able to do so because the other party has refused to negotiate a settlement or because both parties are unable to agree. (3) In its application to a claim referred under subsection (1) Part 10 of the Land Acquisition and Compensation Act 1986 has effect as if— S. 88(3)(a) amended by No. 91/1994 s. 28(2)(b). (a) it required the Tribunal or the Court (as the case requires) in determining the compensation payable to have regard to the provisions of this Part; and S. 88(3)(b) amended by No. 91/1994 s. 28(2)(b). (b) section 91(1) provided that the licensee must pay the licensee's own costs and the costs of the other party unless— S. 88(3)(b)(i) substituted by No. 82/2000 s. 57(2). (i) the other party is not the owner or occupier of the land affected; or (ii) the other party has been frivolous or vexatious or has otherwise acted unreasonably— in which case the Tribunal or the Court (as the case requires) may, subject to that section, award such costs as it thinks proper. (4) The licensee must lodge a copy of a determination under this section with the mining registrar for registration. S. 88A inserted by No. 82/2000 s. 59. 88A Determination of disputes—Crown land (1) A licensee may apply to the Tribunal for a review of any requirement made by the Minister under section 85A. (2) A person who is authorised to undertake activities on Crown land under a lease, licence, permit or
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