SCHEDULES
SCHEDULE 4PROTECTIVE PROVISIONS
PART 2FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
Application
23.
Any dispute arising between the undertaker and the Agency under this part of this Schedule shall, if the parties agree, be determined by arbitration under article 35 (arbitration), but shall otherwise be determined by the Secretary of State for Environment, Food and Rural Affairs or its successor and the Secretary of State for Transport or its successor acting jointly on a reference to them by the undertaker or the Agency, after notice in writing by one to the other.