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Section 52

Negotiation for settlement

of Solid Waste and Public Cleansing Management Act 2007

ActIn forceProvision 52 of 112
Section 52
(1)

The Tribunal shall, as regards every claim within its jurisdiction, assess whether, in all the circumstances, it is appropriate for the Tribunal to assist the parties to negotiate an agreed settlement in relation to the claim.

(2)

Without limiting the generality of subsection (1), in making an assessment, the Tribunal shall have regard to any factors that in the opinion of the Tribunal, are likely to impair the ability of either or both of the parties to negotiate an agreed settlement.

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(3)

Where the parties reach an agreed settlement, the Tribunal shall approve and record the settlement and the settlement shall then take effect as if it were an award of the Tribunal.

(4)

Where—

(a)

it appears to the Tribunal that it would not be appropriate for it to assist the parties to negotiate an agreed settlement in relation to the claim; or

(b)

the parties are unable to reach an agreed settlement in relation to the claim, the Tribunal shall proceed to determine the dispute.