In relation to a protected site ..., a tribunal has jurisdiction—
Subsection (1) applies in relation to a question irrespective of anything contained in an arbitration agreement which has been entered into before that question arose.
In relation to a protected site ..., the court has jurisdiction—
Subsection (5) applies if the owner and occupier have entered into an arbitration agreement before the question mentioned in subsection (3)(a) arises and the agreement applies to that question.
A tribunal has jurisdiction to determine the question and entertain any proceedings arising instead of the court.
Subsection (5) applies irrespective of anything contained in the arbitration agreement mentioned in subsection (4).
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