{"id":"qld:act-2014-047","name":"Mineral and Energy Resources (Common Provisions) Act 2014","slug":"mineral-and-energy-resources-common-provisions-act-2014","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"47 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29678,"registerId":"qld-act-2014-047-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Mineral and Energy Resources (Common Provisions) Act 2014 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Purposes and application of Act","content":"# Purposes and application of Act","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main purposes","content":"### sec.3 Main purposes\n\nThe main purposes of this Act are—\nto consolidate particular provisions common to each of the Resource Acts; and\nto provide for particular common processes that apply to resource authorities; and\nto manage overlapping coal and petroleum resource authorities for coal seam gas; and\nto provide for the disqualification of persons from grant or transfer of particular resource authorities; and\nto assist in achieving the purposes of each of the Resource Acts.\ns 3 amd 2020 No. 14 s 57\n- (a) to consolidate particular provisions common to each of the Resource Acts; and\n- (b) to provide for particular common processes that apply to resource authorities; and\n- (c) to manage overlapping coal and petroleum resource authorities for coal seam gas; and\n- (d) to provide for the disqualification of persons from grant or transfer of particular resource authorities; and\n- (e) to assist in achieving the purposes of each of the Resource Acts.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"How main purposes are achieved","content":"### sec.4 How main purposes are achieved\n\nThe main purposes are achieved by providing for the following matters mainly in this Act, rather than in each of the Resource Acts—\ndealings, caveats and associated agreements;\nland access;\nthe framework for overlapping coal and petroleum resource authorities for coal seam gas;\nthe disqualification from grant or transfer of particular resource authorities;\nthe resource authority register;\nother miscellaneous matters.\nIt is the intention of Parliament that this Act lead towards the replacement of the Resource Acts with a simplified common framework that will apply to all resource authorities.\ns 4 amd 2020 No. 14 s 58 ; 2024 No. 33 s 71\n(sec.4-ssec.1) The main purposes are achieved by providing for the following matters mainly in this Act, rather than in each of the Resource Acts— dealings, caveats and associated agreements; land access; the framework for overlapping coal and petroleum resource authorities for coal seam gas; the disqualification from grant or transfer of particular resource authorities; the resource authority register; other miscellaneous matters.\n(sec.4-ssec.2) It is the intention of Parliament that this Act lead towards the replacement of the Resource Acts with a simplified common framework that will apply to all resource authorities.\n- (a) dealings, caveats and associated agreements;\n- (b) land access;\n- (c) the framework for overlapping coal and petroleum resource authorities for coal seam gas;\n- (d) the disqualification from grant or transfer of particular resource authorities;\n- (e) the resource authority register;\n- (f) other miscellaneous matters.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Act binds all persons","content":"### sec.5 Act binds all persons\n\nThis Act binds all persons, including the State and as far as the legislative power of the Parliament permits, the Commonwealth and the other States.\nNothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence against this Act.\n(sec.5-ssec.1) This Act binds all persons, including the State and as far as the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.5-ssec.2) Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence against this Act.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Relationship with Resource Acts","content":"### sec.6 Relationship with Resource Acts\n\nThis Act is to be read and construed with, and as if it formed part of, each Resource Act.\nWithout limiting subsection (1) , the following principles apply—\nthis Act is not intended to exclude, limit or otherwise affect the operation of a Resource Act unless this Act otherwise expressly provides;\na reference to ‘this Act’ in a provision of a Resource Act relating to any of the following matters includes a reference to this Act—\nthe functions or powers of an authorised officer under a Resource Act, including, for example, the power to give a compliance direction;\nthe functions or powers of a Minister under a Resource Act, including, for example, the power to take noncompliance action;\nproceedings for an offence against a provision of a Resource Act;\nif the context permits, a reference to ‘this Act’ in a provision of a Resource Act, other than a provision mentioned in paragraph (b) , includes a reference to this Act.\nWithout limiting subsection (2) (a) , this Act is not intended to exclude, limit or otherwise affect the following unless this Act otherwise expressly provides—\nthe power under a Resource Act to grant a resource authority;\nthe carrying out of authorised activities for a resource authority;\nthe duties, obligations, requirements or restrictions imposed on a resource authority holder.\nDespite subsections (2) (a) and (3) , if this Act is inconsistent with a Resource Act, this Act prevails to the extent of the inconsistency.\nWithout limiting subsection (1) , (2) , (3) or (4) —\nif a provision of this Act deals with a particular matter and a provision of a Resource Act deals with the same matter and it is impossible to comply with both provisions, a person must comply with the provision of this Act and is excused from complying with the provision of the Resource Act, to the extent that it can not be complied with; and\nif a provision of this Act deals with a particular matter and a provision of a Resource Act deals with the same matter and it is possible to comply with both provisions, a person must comply with both provisions.\n(sec.6-ssec.1) This Act is to be read and construed with, and as if it formed part of, each Resource Act.\n(sec.6-ssec.2) Without limiting subsection (1) , the following principles apply— this Act is not intended to exclude, limit or otherwise affect the operation of a Resource Act unless this Act otherwise expressly provides; a reference to ‘this Act’ in a provision of a Resource Act relating to any of the following matters includes a reference to this Act— the functions or powers of an authorised officer under a Resource Act, including, for example, the power to give a compliance direction; the functions or powers of a Minister under a Resource Act, including, for example, the power to take noncompliance action; proceedings for an offence against a provision of a Resource Act; if the context permits, a reference to ‘this Act’ in a provision of a Resource Act, other than a provision mentioned in paragraph (b) , includes a reference to this Act.\n(sec.6-ssec.3) Without limiting subsection (2) (a) , this Act is not intended to exclude, limit or otherwise affect the following unless this Act otherwise expressly provides— the power under a Resource Act to grant a resource authority; the carrying out of authorised activities for a resource authority; the duties, obligations, requirements or restrictions imposed on a resource authority holder.\n(sec.6-ssec.4) Despite subsections (2) (a) and (3) , if this Act is inconsistent with a Resource Act, this Act prevails to the extent of the inconsistency.\n(sec.6-ssec.5) Without limiting subsection (1) , (2) , (3) or (4) — if a provision of this Act deals with a particular matter and a provision of a Resource Act deals with the same matter and it is impossible to comply with both provisions, a person must comply with the provision of this Act and is excused from complying with the provision of the Resource Act, to the extent that it can not be complied with; and if a provision of this Act deals with a particular matter and a provision of a Resource Act deals with the same matter and it is possible to comply with both provisions, a person must comply with both provisions.\n- (a) this Act is not intended to exclude, limit or otherwise affect the operation of a Resource Act unless this Act otherwise expressly provides;\n- (b) a reference to ‘this Act’ in a provision of a Resource Act relating to any of the following matters includes a reference to this Act— (i) the functions or powers of an authorised officer under a Resource Act, including, for example, the power to give a compliance direction; (ii) the functions or powers of a Minister under a Resource Act, including, for example, the power to take noncompliance action; (iii) proceedings for an offence against a provision of a Resource Act;\n- (i) the functions or powers of an authorised officer under a Resource Act, including, for example, the power to give a compliance direction;\n- (ii) the functions or powers of a Minister under a Resource Act, including, for example, the power to take noncompliance action;\n- (iii) proceedings for an offence against a provision of a Resource Act;\n- (c) if the context permits, a reference to ‘this Act’ in a provision of a Resource Act, other than a provision mentioned in paragraph (b) , includes a reference to this Act.\n- (i) the functions or powers of an authorised officer under a Resource Act, including, for example, the power to give a compliance direction;\n- (ii) the functions or powers of a Minister under a Resource Act, including, for example, the power to take noncompliance action;\n- (iii) proceedings for an offence against a provision of a Resource Act;\n- (a) the power under a Resource Act to grant a resource authority;\n- (b) the carrying out of authorised activities for a resource authority;\n- (c) the duties, obligations, requirements or restrictions imposed on a resource authority holder.\n- (a) if a provision of this Act deals with a particular matter and a provision of a Resource Act deals with the same matter and it is impossible to comply with both provisions, a person must comply with the provision of this Act and is excused from complying with the provision of the Resource Act, to the extent that it can not be complied with; and\n- (b) if a provision of this Act deals with a particular matter and a provision of a Resource Act deals with the same matter and it is possible to comply with both provisions, a person must comply with both provisions.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Reference to a Resource Act includes reference to this Act","content":"### sec.7 Reference to a Resource Act includes reference to this Act\n\nIf the context permits, a reference in another Act or document to a Resource Act is taken to include a reference to this Act.","sortOrder":8},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":9},{"sectionNumber":"ch.1-pt.3-div.1","sectionType":"division","heading":"Dictionary","content":"## Dictionary","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Definitions","content":"### sec.8 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.","sortOrder":11},{"sectionNumber":"ch.1-pt.3-div.2","sectionType":"division","heading":"Key definitions","content":"## Key definitions","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"What is a Resource Act","content":"### sec.9 What is a Resource Act\n\nEach of the following is a Resource Act —\nthe Mineral Resources Act ;\nthe P&G Act ;\nthe 1923 Act ;\nthe Geothermal Act ;\nthe Greenhouse Gas Act .\n- (a) the Mineral Resources Act ;\n- (b) the P&G Act ;\n- (c) the 1923 Act ;\n- (d) the Geothermal Act ;\n- (e) the Greenhouse Gas Act .","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"What is a resource authority","content":"### sec.10 What is a resource authority\n\nEach of the following is a resource authority —\nany of the following under the Mineral Resources Act —\na prospecting permit;\na mining claim;\nan exploration permit;\na mineral development licence;\na mining lease;\na water monitoring authority;\nany of the following under the P&G Act —\nan authority to prospect;\na petroleum lease;\na data acquisition authority;\na water monitoring authority;\na survey licence;\na pipeline licence;\na petroleum facility licence;\nany of the following under the 1923 Act —\nan authority to prospect;\na lease;\na water monitoring authority;\nany of the following under the Geothermal Act —\na geothermal exploration permit;\na geothermal production lease;\nany of the following under the Greenhouse Gas Act —\na GHG exploration permit;\na GHG injection and storage lease;\na GHG injection and storage data acquisition authority.\ns 10 amd 2014 No. 64 s 214\n- (a) any of the following under the Mineral Resources Act — • a prospecting permit; • a mining claim; • an exploration permit; • a mineral development licence; • a mining lease; • a water monitoring authority;\n- • a prospecting permit;\n- • a mining claim;\n- • an exploration permit;\n- • a mineral development licence;\n- • a mining lease;\n- • a water monitoring authority;\n- (b) any of the following under the P&G Act — • an authority to prospect; • a petroleum lease; • a data acquisition authority; • a water monitoring authority; • a survey licence; • a pipeline licence; • a petroleum facility licence;\n- • an authority to prospect;\n- • a petroleum lease;\n- • a data acquisition authority;\n- • a water monitoring authority;\n- • a survey licence;\n- • a pipeline licence;\n- • a petroleum facility licence;\n- (c) any of the following under the 1923 Act — • an authority to prospect; • a lease; • a water monitoring authority;\n- • an authority to prospect;\n- • a lease;\n- • a water monitoring authority;\n- (d) any of the following under the Geothermal Act — • a geothermal exploration permit; • a geothermal production lease;\n- • a geothermal exploration permit;\n- • a geothermal production lease;\n- (e) any of the following under the Greenhouse Gas Act — • a GHG exploration permit; • a GHG injection and storage lease; • a GHG injection and storage data acquisition authority.\n- • a GHG exploration permit;\n- • a GHG injection and storage lease;\n- • a GHG injection and storage data acquisition authority.\n- • a prospecting permit;\n- • a mining claim;\n- • an exploration permit;\n- • a mineral development licence;\n- • a mining lease;\n- • a water monitoring authority;\n- • an authority to prospect;\n- • a petroleum lease;\n- • a data acquisition authority;\n- • a water monitoring authority;\n- • a survey licence;\n- • a pipeline licence;\n- • a petroleum facility licence;\n- • an authority to prospect;\n- • a lease;\n- • a water monitoring authority;\n- • a geothermal exploration permit;\n- • a geothermal production lease;\n- • a GHG exploration permit;\n- • a GHG injection and storage lease;\n- • a GHG injection and storage data acquisition authority.","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"What is the authorised area","content":"### sec.11 What is the authorised area\n\nThe authorised area , for a resource authority, means the area to which the resource authority relates.","sortOrder":15},{"sectionNumber":"sec.11A","sectionType":"section","heading":"Graticulation of earth’s surface into blocks and sub-blocks","content":"### sec.11A Graticulation of earth’s surface into blocks and sub-blocks\n\nA block is the land resulting from a notional division of the earth’s surface, each block being bounded—\nby 2 parallels of latitude 5 minutes apart, each parallel being a multiple of 5 minutes of latitude from the equator; and\nby 2 meridians of longitude 5 minutes apart, each meridian being a multiple of 5 minutes of longitude from the prime meridian.\nA sub-block is the land resulting from a notional division of a block into 25 areas, each sub-block being bounded by 2 parallels of latitude 1 minute apart and 2 meridians of longitude 1 minute of longitude apart.\nFor subsections (1) and (2) , latitude and longitude are defined by reference to the Australian Geodetic Datum 1966.\nEach block and sub-block must be identified in the way approved by the chief executive.\nNothing in this section prevents the chief executive from representing blocks and sub-blocks in a spatial database by reference to a datum other than the Australian Geodetic Datum 1966.\nIn this section—\nAustralian Geodetic Datum 1966 means the reference frame with—\na reference spheroid with a major (equatorial) radius of 6,378,160m and a flattening of 100/29825; and\nits origin at the Johnston Geodetic Station in the Northern Territory, taken to be at 133º12'30.0771\" east longitude and 25º56'54.5515\" south latitude and to have a ground level of 571.2m above the reference spheroid.\nThe Australian Geodetic Datum 1966 was notified in the Commonwealth Gazette No. 84 on 6 October 1966 at page 4984.\ns 11A ins 2020 No. 9 s 36\n(sec.11A-ssec.1) A block is the land resulting from a notional division of the earth’s surface, each block being bounded— by 2 parallels of latitude 5 minutes apart, each parallel being a multiple of 5 minutes of latitude from the equator; and by 2 meridians of longitude 5 minutes apart, each meridian being a multiple of 5 minutes of longitude from the prime meridian.\n(sec.11A-ssec.2) A sub-block is the land resulting from a notional division of a block into 25 areas, each sub-block being bounded by 2 parallels of latitude 1 minute apart and 2 meridians of longitude 1 minute of longitude apart.\n(sec.11A-ssec.3) For subsections (1) and (2) , latitude and longitude are defined by reference to the Australian Geodetic Datum 1966.\n(sec.11A-ssec.4) Each block and sub-block must be identified in the way approved by the chief executive.\n(sec.11A-ssec.5) Nothing in this section prevents the chief executive from representing blocks and sub-blocks in a spatial database by reference to a datum other than the Australian Geodetic Datum 1966.\n(sec.11A-ssec.6) In this section— Australian Geodetic Datum 1966 means the reference frame with— a reference spheroid with a major (equatorial) radius of 6,378,160m and a flattening of 100/29825; and its origin at the Johnston Geodetic Station in the Northern Territory, taken to be at 133º12'30.0771\" east longitude and 25º56'54.5515\" south latitude and to have a ground level of 571.2m above the reference spheroid. The Australian Geodetic Datum 1966 was notified in the Commonwealth Gazette No. 84 on 6 October 1966 at page 4984.\n- (a) by 2 parallels of latitude 5 minutes apart, each parallel being a multiple of 5 minutes of latitude from the equator; and\n- (b) by 2 meridians of longitude 5 minutes apart, each meridian being a multiple of 5 minutes of longitude from the prime meridian.\n- (a) a reference spheroid with a major (equatorial) radius of 6,378,160m and a flattening of 100/29825; and\n- (b) its origin at the Johnston Geodetic Station in the Northern Territory, taken to be at 133º12'30.0771\" east longitude and 25º56'54.5515\" south latitude and to have a ground level of 571.2m above the reference spheroid.","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Who is an owner of land and other things","content":"### sec.12 Who is an owner of land and other things\n\nAn owner , of land, means each person as stated in schedule 1 for the land.\nAlso, a mortgagee of land is the owner of land if—\nthe mortgagee is acting as mortgagee in possession of the land and has the exclusive management and control of the land; or\nthe mortgagee, or a person appointed by the mortgagee, is in possession of the land and has the exclusive management and control of the land.\nIf land or another thing has more than 1 owner, a reference in this Act to the owner of the land or thing is a reference to each of its owners.\n(sec.12-ssec.1) An owner , of land, means each person as stated in schedule 1 for the land.\n(sec.12-ssec.2) Also, a mortgagee of land is the owner of land if— the mortgagee is acting as mortgagee in possession of the land and has the exclusive management and control of the land; or the mortgagee, or a person appointed by the mortgagee, is in possession of the land and has the exclusive management and control of the land.\n(sec.12-ssec.3) If land or another thing has more than 1 owner, a reference in this Act to the owner of the land or thing is a reference to each of its owners.\n- (a) the mortgagee is acting as mortgagee in possession of the land and has the exclusive management and control of the land; or\n- (b) the mortgagee, or a person appointed by the mortgagee, is in possession of the land and has the exclusive management and control of the land.","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"What is private land","content":"### sec.13 What is private land\n\nPrivate land is—\nfreehold land; or\nan interest in land less than fee simple held from the State under another Act.\nHowever, land is not private land to the extent of an interest in any of the following relating to the land—\na mining interest under the Mineral Resources Act ;\na petroleum authority under the P&G Act or 1923 Act petroleum tenure under the 1923 Act ;\na geothermal tenure under the Geothermal Act ;\na GHG authority under the Greenhouse Gas Act ;\nan occupation right under a permit under the Land Act 1994 .\nAlso, land owned by a public land authority is not private land.\n(sec.13-ssec.1) Private land is— freehold land; or an interest in land less than fee simple held from the State under another Act.\n(sec.13-ssec.2) However, land is not private land to the extent of an interest in any of the following relating to the land— a mining interest under the Mineral Resources Act ; a petroleum authority under the P&G Act or 1923 Act petroleum tenure under the 1923 Act ; a geothermal tenure under the Geothermal Act ; a GHG authority under the Greenhouse Gas Act ; an occupation right under a permit under the Land Act 1994 .\n(sec.13-ssec.3) Also, land owned by a public land authority is not private land.\n- (a) freehold land; or\n- (b) an interest in land less than fee simple held from the State under another Act.\n- (a) a mining interest under the Mineral Resources Act ;\n- (b) a petroleum authority under the P&G Act or 1923 Act petroleum tenure under the 1923 Act ;\n- (c) a geothermal tenure under the Geothermal Act ;\n- (d) a GHG authority under the Greenhouse Gas Act ;\n- (e) an occupation right under a permit under the Land Act 1994 .","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"What is public land","content":"### sec.14 What is public land\n\nPublic land is any land other than—\nprivate land; or\nto the extent an interest in any of the following relates to the land—\na mining interest under the Mineral Resources Act ;\na petroleum authority under the P&G Act or 1923 Act petroleum tenure under the 1923 Act ;\na GHG authority under the Greenhouse Gas Act ;\na geothermal tenure under the Geothermal Act ;\nan occupation right under a permit under the Land Act 1994 .\nPublic land includes a public road.\n(sec.14-ssec.1) Public land is any land other than— private land; or to the extent an interest in any of the following relates to the land— a mining interest under the Mineral Resources Act ; a petroleum authority under the P&G Act or 1923 Act petroleum tenure under the 1923 Act ; a GHG authority under the Greenhouse Gas Act ; a geothermal tenure under the Geothermal Act ; an occupation right under a permit under the Land Act 1994 .\n(sec.14-ssec.2) Public land includes a public road.\n- (a) private land; or\n- (b) to the extent an interest in any of the following relates to the land— (i) a mining interest under the Mineral Resources Act ; (ii) a petroleum authority under the P&G Act or 1923 Act petroleum tenure under the 1923 Act ; (iii) a GHG authority under the Greenhouse Gas Act ; (iv) a geothermal tenure under the Geothermal Act ; (v) an occupation right under a permit under the Land Act 1994 .\n- (i) a mining interest under the Mineral Resources Act ;\n- (ii) a petroleum authority under the P&G Act or 1923 Act petroleum tenure under the 1923 Act ;\n- (iii) a GHG authority under the Greenhouse Gas Act ;\n- (iv) a geothermal tenure under the Geothermal Act ;\n- (v) an occupation right under a permit under the Land Act 1994 .\n- (i) a mining interest under the Mineral Resources Act ;\n- (ii) a petroleum authority under the P&G Act or 1923 Act petroleum tenure under the 1923 Act ;\n- (iii) a GHG authority under the Greenhouse Gas Act ;\n- (iv) a geothermal tenure under the Geothermal Act ;\n- (v) an occupation right under a permit under the Land Act 1994 .","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"What is a public road","content":"### sec.15 What is a public road\n\nA public road is an area of land that—\nis open to or used by the public; and\nis developed for or has as 1 of its main uses—\nthe driving or riding of motor vehicles; or\npedestrian traffic; and\nis controlled by a public road authority.\na bridge, culvert, ford, tunnel or viaduct\na pedestrian or bicycle path\n- (a) is open to or used by the public; and\n- (b) is developed for or has as 1 of its main uses— (i) the driving or riding of motor vehicles; or (ii) pedestrian traffic; and\n- (i) the driving or riding of motor vehicles; or\n- (ii) pedestrian traffic; and\n- (c) is controlled by a public road authority. Examples of an area of land that may be included in a road— • a bridge, culvert, ford, tunnel or viaduct • a pedestrian or bicycle path\n- • a bridge, culvert, ford, tunnel or viaduct\n- • a pedestrian or bicycle path\n- (i) the driving or riding of motor vehicles; or\n- (ii) pedestrian traffic; and\n- • a bridge, culvert, ford, tunnel or viaduct\n- • a pedestrian or bicycle path","sortOrder":20},{"sectionNumber":"sec.15A","sectionType":"section","heading":"What is an advanced activity","content":"### sec.15A What is an advanced activity\n\nAn advanced activity , for a resource authority, is an authorised activity for the resource authority other than a preliminary activity for the resource authority.\nlevelling of drilling pads and digging sumps\nearthworks associated with pipeline installation\nbulk sampling\nopen trenching or costeaning with an excavator\nvegetation clear-felling\nconstructing an exploration camp, concrete pad, sewage or water treatment facility or fuel dump\ngeophysical surveying with physical clearing\ncarrying out a seismic survey using explosives\nconstructing a track or access road\nchanging a fence line\ns 15A ins 2019 No. 17 s 207\n- • levelling of drilling pads and digging sumps\n- • earthworks associated with pipeline installation\n- • bulk sampling\n- • open trenching or costeaning with an excavator\n- • vegetation clear-felling\n- • constructing an exploration camp, concrete pad, sewage or water treatment facility or fuel dump\n- • geophysical surveying with physical clearing\n- • carrying out a seismic survey using explosives\n- • constructing a track or access road\n- • changing a fence line","sortOrder":21},{"sectionNumber":"sec.15B","sectionType":"section","heading":"What is a preliminary activity","content":"### sec.15B What is a preliminary activity\n\nA preliminary activity , for a resource authority, is an authorised activity for the authority that will have no impact, or only a minor impact, on the business or land use activities of any owner or occupier of the land on which the activity is to be carried out.\nwalking the area of the authority\ndriving along an existing road or track in the area\ntaking soil or water samples\ngeophysical surveying not involving site preparation\naerial, electrical or environmental surveying\nsurvey pegging\nSubsection (3) applies to an authorised activity for a resource authority other than an activity that is aerial surveying carried out at 1,000ft or more above land.\nDespite subsection (1) , the activity is not a preliminary activity for the resource authority if the activity—\nis carried out on land that—\nis less than 100ha; and\nis being used for intensive farming or broadacre agriculture; or\nland used for dryland or irrigated cropping, plantation forestry or horticulture\nland used for a dairy, cattle or sheep feedlot, a piggery or a poultry farm\naffects the lawful carrying out of an organic or bio-organic farming system.\ns 15B ins 2019 No. 17 s 207\namd 2024 No. 33 s 72\n(sec.15B-ssec.1) A preliminary activity , for a resource authority, is an authorised activity for the authority that will have no impact, or only a minor impact, on the business or land use activities of any owner or occupier of the land on which the activity is to be carried out. walking the area of the authority driving along an existing road or track in the area taking soil or water samples geophysical surveying not involving site preparation aerial, electrical or environmental surveying survey pegging\n(sec.15B-ssec.2) Subsection (3) applies to an authorised activity for a resource authority other than an activity that is aerial surveying carried out at 1,000ft or more above land.\n(sec.15B-ssec.3) Despite subsection (1) , the activity is not a preliminary activity for the resource authority if the activity— is carried out on land that— is less than 100ha; and is being used for intensive farming or broadacre agriculture; or land used for dryland or irrigated cropping, plantation forestry or horticulture land used for a dairy, cattle or sheep feedlot, a piggery or a poultry farm affects the lawful carrying out of an organic or bio-organic farming system.\n- • walking the area of the authority\n- • driving along an existing road or track in the area\n- • taking soil or water samples\n- • geophysical surveying not involving site preparation\n- • aerial, electrical or environmental surveying\n- • survey pegging\n- (a) is carried out on land that— (i) is less than 100ha; and (ii) is being used for intensive farming or broadacre agriculture; or Examples for subparagraph (ii) — • land used for dryland or irrigated cropping, plantation forestry or horticulture • land used for a dairy, cattle or sheep feedlot, a piggery or a poultry farm\n- (i) is less than 100ha; and\n- (ii) is being used for intensive farming or broadacre agriculture; or Examples for subparagraph (ii) — • land used for dryland or irrigated cropping, plantation forestry or horticulture • land used for a dairy, cattle or sheep feedlot, a piggery or a poultry farm\n- • land used for dryland or irrigated cropping, plantation forestry or horticulture\n- • land used for a dairy, cattle or sheep feedlot, a piggery or a poultry farm\n- (b) affects the lawful carrying out of an organic or bio-organic farming system.\n- (i) is less than 100ha; and\n- (ii) is being used for intensive farming or broadacre agriculture; or Examples for subparagraph (ii) — • land used for dryland or irrigated cropping, plantation forestry or horticulture • land used for a dairy, cattle or sheep feedlot, a piggery or a poultry farm\n- • land used for dryland or irrigated cropping, plantation forestry or horticulture\n- • land used for a dairy, cattle or sheep feedlot, a piggery or a poultry farm\n- • land used for dryland or irrigated cropping, plantation forestry or horticulture\n- • land used for a dairy, cattle or sheep feedlot, a piggery or a poultry farm","sortOrder":22},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Dealings","content":"# Dealings","sortOrder":23},{"sectionNumber":"sec.16","sectionType":"section","heading":"What is a dealing","content":"### sec.16 What is a dealing\n\nA dealing , in relation to a resource authority, is—\nany transaction or arrangement that causes the creation, variation, transfer or extinguishment of an interest in the resource authority; or\nanother transaction, arrangement or circumstance, prescribed by regulation, that affects the resource authority.\ns 16 amd 2020 No. 14 s 59\n- (a) any transaction or arrangement that causes the creation, variation, transfer or extinguishment of an interest in the resource authority; or\n- (b) another transaction, arrangement or circumstance, prescribed by regulation, that affects the resource authority.","sortOrder":24},{"sectionNumber":"sec.17","sectionType":"section","heading":"Prescribed dealings require approval of Minister and registration","content":"### sec.17 Prescribed dealings require approval of Minister and registration\n\nA regulation may prescribe the dealings with a resource authority (each a prescribed dealing ) that must be approved by the Minister under this part, and registered, to have effect.\nA prescribed dealing has no effect unless, and until, it is approved by the Minister under this part and registered.\ns 17 sub 2020 No. 14 s 60\n(sec.17-ssec.1) A regulation may prescribe the dealings with a resource authority (each a prescribed dealing ) that must be approved by the Minister under this part, and registered, to have effect.\n(sec.17-ssec.2) A prescribed dealing has no effect unless, and until, it is approved by the Minister under this part and registered.","sortOrder":25},{"sectionNumber":"sec.17A","sectionType":"section","heading":"Notifiable dealings require notice to chief executive and registration","content":"### sec.17A Notifiable dealings require notice to chief executive and registration\n\nA regulation may prescribe the dealings with a resource authority (each a notifiable dealing ) that must be notified to the chief executive under this part, and registered, to have effect.\nA notifiable dealing has no effect unless, and until, it is notified to the chief executive under this part and registered.\ns 17A ins 2020 No. 14 s 60\n(sec.17A-ssec.1) A regulation may prescribe the dealings with a resource authority (each a notifiable dealing ) that must be notified to the chief executive under this part, and registered, to have effect.\n(sec.17A-ssec.2) A notifiable dealing has no effect unless, and until, it is notified to the chief executive under this part and registered.","sortOrder":26},{"sectionNumber":"sec.18","sectionType":"section","heading":"Prohibited dealings have no effect","content":"### sec.18 Prohibited dealings have no effect\n\nThe following dealings with a resource authority are prohibited—\na dealing with a resource authority that transfers a divided part of the authorised area for the resource authority, unless the dealing is—\na sublease of a resource authority that is a lease; or\na transfer of a sublease mentioned in subparagraph (i) or of a share in the sublease;\na dealing with a resource authority prescribed by regulation as prohibited.\nA dealing with a resource authority prohibited under subsection (1) must not be registered under this part and has no effect.\n(sec.18-ssec.1) The following dealings with a resource authority are prohibited— a dealing with a resource authority that transfers a divided part of the authorised area for the resource authority, unless the dealing is— a sublease of a resource authority that is a lease; or a transfer of a sublease mentioned in subparagraph (i) or of a share in the sublease; a dealing with a resource authority prescribed by regulation as prohibited.\n(sec.18-ssec.2) A dealing with a resource authority prohibited under subsection (1) must not be registered under this part and has no effect.\n- (a) a dealing with a resource authority that transfers a divided part of the authorised area for the resource authority, unless the dealing is— (i) a sublease of a resource authority that is a lease; or (ii) a transfer of a sublease mentioned in subparagraph (i) or of a share in the sublease;\n- (i) a sublease of a resource authority that is a lease; or\n- (ii) a transfer of a sublease mentioned in subparagraph (i) or of a share in the sublease;\n- (b) a dealing with a resource authority prescribed by regulation as prohibited.\n- (i) a sublease of a resource authority that is a lease; or\n- (ii) a transfer of a sublease mentioned in subparagraph (i) or of a share in the sublease;","sortOrder":27},{"sectionNumber":"sec.19","sectionType":"section","heading":"Application for Minister’s approval of prescribed dealing","content":"### sec.19 Application for Minister’s approval of prescribed dealing\n\nThe following entities may apply to the Minister for approval of a prescribed dealing—\nthe affected resource authority holder;\nany other entity with the affected resource authority holder’s consent.\nChapter 6 , part 1 applies for processing the application, and the Minister must decide to either refuse to give the approval or give the approval with or without conditions.\nSee section 23 if the approval relates to a prescribed dealing for which an indicative approval has been given under that section.\nIf the Minister decides to give the approval, the chief executive must register the prescribed dealing as soon as possible after the approval is given.\nTo remove any doubt, it is declared that registration under subsection (3) is subject to sections 20 and 21 .\nIn this section—\naffected resource authority holder means—\nfor a prescribed dealing affecting the whole of a resource authority—the holder of the resource authority; or\nfor a prescribed dealing affecting a share in a resource authority—the holder of the share.\ns 19 amd 2020 No. 14 s 61\n(sec.19-ssec.1) The following entities may apply to the Minister for approval of a prescribed dealing— the affected resource authority holder; any other entity with the affected resource authority holder’s consent.\n(sec.19-ssec.2) Chapter 6 , part 1 applies for processing the application, and the Minister must decide to either refuse to give the approval or give the approval with or without conditions. See section 23 if the approval relates to a prescribed dealing for which an indicative approval has been given under that section.\n(sec.19-ssec.3) If the Minister decides to give the approval, the chief executive must register the prescribed dealing as soon as possible after the approval is given.\n(sec.19-ssec.4) To remove any doubt, it is declared that registration under subsection (3) is subject to sections 20 and 21 .\n(sec.19-ssec.5) In this section— affected resource authority holder means— for a prescribed dealing affecting the whole of a resource authority—the holder of the resource authority; or for a prescribed dealing affecting a share in a resource authority—the holder of the share.\n- (a) the affected resource authority holder;\n- (b) any other entity with the affected resource authority holder’s consent.\n- (a) for a prescribed dealing affecting the whole of a resource authority—the holder of the resource authority; or\n- (b) for a prescribed dealing affecting a share in a resource authority—the holder of the share.","sortOrder":28},{"sectionNumber":"sec.19A","sectionType":"section","heading":"Rejection of application if intended transferee disqualified","content":"### sec.19A Rejection of application if intended transferee disqualified\n\nThe Minister must reject an application for approval of a prescribed dealing that is a transfer of a resource authority or a share in a resource authority if the Minister decides the intended transferee of the resource authority or share is disqualified under section 196C from being transferred the resource authority or share.\nHowever, subsection (1) does not apply to a transfer of a share in a resource authority if—\nthe share is being transferred to a person who already holds a share in the resource authority; and\nthe person transferring the share continues, after the transfer, to hold a share in the resource authority.\ns 19A ins 2020 No. 14 s 62\n(sec.19A-ssec.1) The Minister must reject an application for approval of a prescribed dealing that is a transfer of a resource authority or a share in a resource authority if the Minister decides the intended transferee of the resource authority or share is disqualified under section 196C from being transferred the resource authority or share.\n(sec.19A-ssec.2) However, subsection (1) does not apply to a transfer of a share in a resource authority if— the share is being transferred to a person who already holds a share in the resource authority; and the person transferring the share continues, after the transfer, to hold a share in the resource authority.\n- (a) the share is being transferred to a person who already holds a share in the resource authority; and\n- (b) the person transferring the share continues, after the transfer, to hold a share in the resource authority.","sortOrder":29},{"sectionNumber":"sec.19B","sectionType":"section","heading":"Notice to chief executive to register notifiable dealing","content":"### sec.19B Notice to chief executive to register notifiable dealing\n\nThe ordinary rule is that the following entities may give notice to the chief executive of a notifiable dealing to enable its registration—\nthe affected resource authority holder;\nany other entity with the affected resource authority holder’s consent.\nHowever, if a notifiable dealing is required to be executed because of the operation of a law, a regulation may change the ordinary rule by prescribing the following—\nwho may or must give notice to the chief executive;\nthe period within which the notice must be given.\nthe transfer of an interest in a resource authority because of the death of the resource authority holder\nThe notice must be—\nin the approved form; and\naccompanied by the fee prescribed by regulation.\nThe chief executive must register the notifiable dealing as soon as possible after the notice is given.\nSubsection (6) applies if the notifiable dealing is—\na transmission by death of a resource authority or a share in a resource authority; or\na transfer of a resource authority or a share in a resource authority by operation of law.\nThe chief executive may register the notifiable dealing only if the proposed transferee is—\nan eligible person; and\nfor a resource authority other than a small scale mining tenure within the meaning of the Environmental Protection Act —a registered suitable operator under the Environmental Protection Act .\nTo remove any doubt, it is declared that registration under subsection (4) or (6) is subject to sections 20 and 21 .\nIn this section—\naffected resource authority holder means—\nfor a notifiable dealing affecting the whole of a resource authority—the holder of the resource authority; or\nfor a notifiable dealing affecting a share in a resource authority—the holder of the share.\ns 19B ins 2020 No. 14 s 62\n(sec.19B-ssec.1) The ordinary rule is that the following entities may give notice to the chief executive of a notifiable dealing to enable its registration— the affected resource authority holder; any other entity with the affected resource authority holder’s consent.\n(sec.19B-ssec.2) However, if a notifiable dealing is required to be executed because of the operation of a law, a regulation may change the ordinary rule by prescribing the following— who may or must give notice to the chief executive; the period within which the notice must be given. the transfer of an interest in a resource authority because of the death of the resource authority holder\n(sec.19B-ssec.3) The notice must be— in the approved form; and accompanied by the fee prescribed by regulation.\n(sec.19B-ssec.4) The chief executive must register the notifiable dealing as soon as possible after the notice is given.\n(sec.19B-ssec.5) Subsection (6) applies if the notifiable dealing is— a transmission by death of a resource authority or a share in a resource authority; or a transfer of a resource authority or a share in a resource authority by operation of law.\n(sec.19B-ssec.6) The chief executive may register the notifiable dealing only if the proposed transferee is— an eligible person; and for a resource authority other than a small scale mining tenure within the meaning of the Environmental Protection Act —a registered suitable operator under the Environmental Protection Act .\n(sec.19B-ssec.7) To remove any doubt, it is declared that registration under subsection (4) or (6) is subject to sections 20 and 21 .\n(sec.19B-ssec.8) In this section— affected resource authority holder means— for a notifiable dealing affecting the whole of a resource authority—the holder of the resource authority; or for a notifiable dealing affecting a share in a resource authority—the holder of the share.\n- (a) the affected resource authority holder;\n- (b) any other entity with the affected resource authority holder’s consent.\n- (a) who may or must give notice to the chief executive;\n- (b) the period within which the notice must be given.\n- (a) in the approved form; and\n- (b) accompanied by the fee prescribed by regulation.\n- (a) a transmission by death of a resource authority or a share in a resource authority; or\n- (b) a transfer of a resource authority or a share in a resource authority by operation of law.\n- (a) an eligible person; and\n- (b) for a resource authority other than a small scale mining tenure within the meaning of the Environmental Protection Act —a registered suitable operator under the Environmental Protection Act .\n- (a) for a notifiable dealing affecting the whole of a resource authority—the holder of the resource authority; or\n- (b) for a notifiable dealing affecting a share in a resource authority—the holder of the share.","sortOrder":30},{"sectionNumber":"sec.20","sectionType":"section","heading":"Unpaid royalties prevent registration of dealing","content":"### sec.20 Unpaid royalties prevent registration of dealing\n\nThis section applies if a prescribed dealing or notifiable dealing is a transfer of a resource authority or a share in a resource authority.\nHowever, this section does not apply to a transfer of a share in a resource authority if—\nthe share is being transferred to a person who already holds a share in the resource authority; and\nthe person transferring the share continues, after the transfer, to hold a share in the resource authority.\nThe prescribed dealing or notifiable dealing must not be registered, and can not take effect, under this part while any royalty payable by the holder of the resource authority remains unpaid.\ns 20 sub 2020 No. 14 s 63\n(sec.20-ssec.1) This section applies if a prescribed dealing or notifiable dealing is a transfer of a resource authority or a share in a resource authority.\n(sec.20-ssec.2) However, this section does not apply to a transfer of a share in a resource authority if— the share is being transferred to a person who already holds a share in the resource authority; and the person transferring the share continues, after the transfer, to hold a share in the resource authority.\n(sec.20-ssec.3) The prescribed dealing or notifiable dealing must not be registered, and can not take effect, under this part while any royalty payable by the holder of the resource authority remains unpaid.\n- (a) the share is being transferred to a person who already holds a share in the resource authority; and\n- (b) the person transferring the share continues, after the transfer, to hold a share in the resource authority.","sortOrder":31},{"sectionNumber":"sec.21","sectionType":"section","heading":"Failure to pay contribution to scheme fund or give surety prevents registration of dealing","content":"### sec.21 Failure to pay contribution to scheme fund or give surety prevents registration of dealing\n\nThis section applies if—\nthe Minister approves a prescribed dealing, or the chief executive is given notice of a notifiable dealing, that is either of the following—\na changed holder event under the Mineral and Energy Resources (Financial Provisioning) Act 2018 for a resource authority that authorises the carrying out of a resource activity for an environmental authority;\na transfer of a small scale mining tenure mentioned in the Mineral and Energy Resources (Financial Provisioning) Act 2018 , section 53 (i) ; and\na contribution to the scheme fund is required to be paid, or a surety required to be given, for the environmental authority or small scale mining tenure, under the Mineral and Energy Resources (Financial Provisioning) Act 2018 .\nThe prescribed dealing or notifiable dealing must not be registered unless the entity that will be the holder of the resource authority, or small scale mining tenure, on registration of the prescribed dealing or notifiable dealing has paid the contribution to the scheme fund, or given the surety, under the Mineral and Energy Resources (Financial Provisioning) Act 2018 .\ns 21 (prev s 20A) ins 2018 No. 30 s 207\namd 2020 No. 14 s 64\nrenum 2020 No. 14 s 66\namd 2022 No. 29 s 21 ; 2024 No. 33 s 183 sch 1 pt 2\n(sec.21-ssec.1) This section applies if— the Minister approves a prescribed dealing, or the chief executive is given notice of a notifiable dealing, that is either of the following— a changed holder event under the Mineral and Energy Resources (Financial Provisioning) Act 2018 for a resource authority that authorises the carrying out of a resource activity for an environmental authority; a transfer of a small scale mining tenure mentioned in the Mineral and Energy Resources (Financial Provisioning) Act 2018 , section 53 (i) ; and a contribution to the scheme fund is required to be paid, or a surety required to be given, for the environmental authority or small scale mining tenure, under the Mineral and Energy Resources (Financial Provisioning) Act 2018 .\n(sec.21-ssec.2) The prescribed dealing or notifiable dealing must not be registered unless the entity that will be the holder of the resource authority, or small scale mining tenure, on registration of the prescribed dealing or notifiable dealing has paid the contribution to the scheme fund, or given the surety, under the Mineral and Energy Resources (Financial Provisioning) Act 2018 .\n- (a) the Minister approves a prescribed dealing, or the chief executive is given notice of a notifiable dealing, that is either of the following— (i) a changed holder event under the Mineral and Energy Resources (Financial Provisioning) Act 2018 for a resource authority that authorises the carrying out of a resource activity for an environmental authority; (ii) a transfer of a small scale mining tenure mentioned in the Mineral and Energy Resources (Financial Provisioning) Act 2018 , section 53 (i) ; and\n- (i) a changed holder event under the Mineral and Energy Resources (Financial Provisioning) Act 2018 for a resource authority that authorises the carrying out of a resource activity for an environmental authority;\n- (ii) a transfer of a small scale mining tenure mentioned in the Mineral and Energy Resources (Financial Provisioning) Act 2018 , section 53 (i) ; and\n- (b) a contribution to the scheme fund is required to be paid, or a surety required to be given, for the environmental authority or small scale mining tenure, under the Mineral and Energy Resources (Financial Provisioning) Act 2018 .\n- (i) a changed holder event under the Mineral and Energy Resources (Financial Provisioning) Act 2018 for a resource authority that authorises the carrying out of a resource activity for an environmental authority;\n- (ii) a transfer of a small scale mining tenure mentioned in the Mineral and Energy Resources (Financial Provisioning) Act 2018 , section 53 (i) ; and","sortOrder":32},{"sectionNumber":"sec.22","sectionType":"section","heading":"Security may be required","content":"### sec.22 Security may be required\n\nThis section applies if a prescribed dealing is a transfer of a resource authority or of a share in a resource authority.\nAs a condition of deciding to give an approval under section 19 , the Minister may require the proposed transferee to give the State security for the resource authority.\nThe provisions of the relevant Resource Act for giving security for the type of resource authority are taken to apply to the proposed transferee and the security as if the security were given under those provisions.\nFor the Geothermal Act , see chapter 6 , part 4 .\nFor the Greenhouse Gas Act , see chapter 5 , part 6 .\nFor the Mineral Resources Act , see sections 83 , 144 , 190 and 277 .\nFor the 1923 Act , see part 6G .\nFor the P&G Act , see chapter 5 , part 1 .\ns 22 (prev s 21) renum 2020 No. 14 s 66\n(sec.22-ssec.1) This section applies if a prescribed dealing is a transfer of a resource authority or of a share in a resource authority.\n(sec.22-ssec.2) As a condition of deciding to give an approval under section 19 , the Minister may require the proposed transferee to give the State security for the resource authority.\n(sec.22-ssec.3) The provisions of the relevant Resource Act for giving security for the type of resource authority are taken to apply to the proposed transferee and the security as if the security were given under those provisions. For the Geothermal Act , see chapter 6 , part 4 . For the Greenhouse Gas Act , see chapter 5 , part 6 . For the Mineral Resources Act , see sections 83 , 144 , 190 and 277 . For the 1923 Act , see part 6G . For the P&G Act , see chapter 5 , part 1 .\n- • For the Geothermal Act , see chapter 6 , part 4 .\n- • For the Greenhouse Gas Act , see chapter 5 , part 6 .\n- • For the Mineral Resources Act , see sections 83 , 144 , 190 and 277 .\n- • For the 1923 Act , see part 6G .\n- • For the P&G Act , see chapter 5 , part 1 .","sortOrder":33},{"sectionNumber":"sec.23","sectionType":"section","heading":"Indication of Minister’s approval to register","content":"### sec.23 Indication of Minister’s approval to register\n\nThis section applies for a proposed prescribed dealing.\nThe prescribed applicant for the proposed prescribed dealing may apply to the Minister for an indication of (an indicative approval )—\nwhether the Minister is likely to approve the proposed prescribed dealing; and\nwhat, if any, conditions are likely to be imposed by the Minister.\nChapter 6 , part 1 applies for processing the application, and the Minister must decide to either refuse to give the indicative approval or give the indicative approval with or without conditions.\nSubsection (5) applies if—\nthe indicative approval indicates the Minister will approve the proposed prescribed dealing; and\nwithin the prescribed period, the prescribed applicant applies to the Minister under section 19 for approval of the proposed prescribed dealing.\nThe Minister must grant the approval in accordance with the indicative approval unless—\nthe proposed prescribed dealing is a transfer of the resource authority, or a share in the resource authority, and the proposed transferee is not eligible to be a resource authority holder under this Act or the relevant Resource Act; or\nthe application for the indicative approval contained incorrect material information or omitted material information and, had the Minister been aware of the discrepancy, the Minister would not have given the indicative approval; or\npreconditions for the indicative approval have not been complied with.\nTo remove any doubt, it is declared that granting of the approval is subject to sections 20 , 21 and 22 .\nIn this section—\npreconditions , for an indicative approval, means conditions imposed on the approval under this section that must be complied with before a related application is made for approval under section 19 .\nprescribed applicant , for a proposed prescribed dealing, means the entity that may, under section 19 (1) , apply for approval of the dealing.\ns 23 amd 2020 No. 14 s 218 sch 1\n(sec.23-ssec.1) This section applies for a proposed prescribed dealing.\n(sec.23-ssec.2) The prescribed applicant for the proposed prescribed dealing may apply to the Minister for an indication of (an indicative approval )— whether the Minister is likely to approve the proposed prescribed dealing; and what, if any, conditions are likely to be imposed by the Minister.\n(sec.23-ssec.3) Chapter 6 , part 1 applies for processing the application, and the Minister must decide to either refuse to give the indicative approval or give the indicative approval with or without conditions.\n(sec.23-ssec.4) Subsection (5) applies if— the indicative approval indicates the Minister will approve the proposed prescribed dealing; and within the prescribed period, the prescribed applicant applies to the Minister under section 19 for approval of the proposed prescribed dealing.\n(sec.23-ssec.5) The Minister must grant the approval in accordance with the indicative approval unless— the proposed prescribed dealing is a transfer of the resource authority, or a share in the resource authority, and the proposed transferee is not eligible to be a resource authority holder under this Act or the relevant Resource Act; or the application for the indicative approval contained incorrect material information or omitted material information and, had the Minister been aware of the discrepancy, the Minister would not have given the indicative approval; or preconditions for the indicative approval have not been complied with.\n(sec.23-ssec.6) To remove any doubt, it is declared that granting of the approval is subject to sections 20 , 21 and 22 .\n(sec.23-ssec.7) In this section— preconditions , for an indicative approval, means conditions imposed on the approval under this section that must be complied with before a related application is made for approval under section 19 . prescribed applicant , for a proposed prescribed dealing, means the entity that may, under section 19 (1) , apply for approval of the dealing.\n- (a) whether the Minister is likely to approve the proposed prescribed dealing; and\n- (b) what, if any, conditions are likely to be imposed by the Minister.\n- (a) the indicative approval indicates the Minister will approve the proposed prescribed dealing; and\n- (b) within the prescribed period, the prescribed applicant applies to the Minister under section 19 for approval of the proposed prescribed dealing.\n- (a) the proposed prescribed dealing is a transfer of the resource authority, or a share in the resource authority, and the proposed transferee is not eligible to be a resource authority holder under this Act or the relevant Resource Act; or\n- (b) the application for the indicative approval contained incorrect material information or omitted material information and, had the Minister been aware of the discrepancy, the Minister would not have given the indicative approval; or\n- (c) preconditions for the indicative approval have not been complied with.","sortOrder":34},{"sectionNumber":"sec.23A","sectionType":"section","heading":"Effect of registration and Minister’s approval","content":"### sec.23A Effect of registration and Minister’s approval\n\nThe registration of a prescribed dealing or notifiable dealing under this part, or an approval of the Minister under section 19 , allows the dealing to have effect according to its terms but does not of itself give the dealing any more effect or validity than it would otherwise have.\ns 23A (prev s 22) amd 2020 No. 14 s 65 (1)\nreloc and renum 2020 No. 14 s 65 (2)","sortOrder":35},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Caveats","content":"# Caveats","sortOrder":36},{"sectionNumber":"sec.24","sectionType":"section","heading":"Application of part","content":"### sec.24 Application of part\n\nThis part applies in relation to—\na resource authority; or\nan application for a mining lease under the Mineral Resources Act .\ns 24 amd 2020 No. 14 s 218 sch 1\nsub 2024 No. 33 s 73\n- (a) a resource authority; or\n- (b) an application for a mining lease under the Mineral Resources Act .","sortOrder":37},{"sectionNumber":"sec.25","sectionType":"section","heading":"Lodging of caveat","content":"### sec.25 Lodging of caveat\n\nA person claiming an interest in the resource authority or the application for a mining lease may lodge a caveat over the authority or application if the caveat—\ncomplies with the prescribed requirements for the caveat; and\nis not a prohibited caveat; and\nis accompanied by the fee prescribed by regulation.\nOn receipt of the caveat, the chief executive must—\nrecord the existence of the caveat in the register; and\nnotify the following persons of the receipt of the caveat—\neach holder of the resource authority or applicant for the application;\neach person who has a registered interest in the resource authority or application;\nany caveator for a prior caveat over the resource authority or application if the prior caveat is in effect.\nThe caveat has no effect if the caveat—\ndoes not comply with the prescribed requirements for the caveat; or\nis a prohibited caveat.\nIn this section—\nprohibited caveat means a caveat of a type prescribed by regulation to be a prohibited caveat.\nregistered interest , in the resource authority or the application for a mining lease, means an interest in the authority or application recorded in the register.\ns 25 sub 2024 No. 33 s 73\n(sec.25-ssec.1) A person claiming an interest in the resource authority or the application for a mining lease may lodge a caveat over the authority or application if the caveat— complies with the prescribed requirements for the caveat; and is not a prohibited caveat; and is accompanied by the fee prescribed by regulation.\n(sec.25-ssec.2) On receipt of the caveat, the chief executive must— record the existence of the caveat in the register; and notify the following persons of the receipt of the caveat— each holder of the resource authority or applicant for the application; each person who has a registered interest in the resource authority or application; any caveator for a prior caveat over the resource authority or application if the prior caveat is in effect.\n(sec.25-ssec.3) The caveat has no effect if the caveat— does not comply with the prescribed requirements for the caveat; or is a prohibited caveat.\n(sec.25-ssec.4) In this section— prohibited caveat means a caveat of a type prescribed by regulation to be a prohibited caveat. registered interest , in the resource authority or the application for a mining lease, means an interest in the authority or application recorded in the register.\n- (a) complies with the prescribed requirements for the caveat; and\n- (b) is not a prohibited caveat; and\n- (c) is accompanied by the fee prescribed by regulation.\n- (a) record the existence of the caveat in the register; and\n- (b) notify the following persons of the receipt of the caveat— (i) each holder of the resource authority or applicant for the application; (ii) each person who has a registered interest in the resource authority or application; (iii) any caveator for a prior caveat over the resource authority or application if the prior caveat is in effect.\n- (i) each holder of the resource authority or applicant for the application;\n- (ii) each person who has a registered interest in the resource authority or application;\n- (iii) any caveator for a prior caveat over the resource authority or application if the prior caveat is in effect.\n- (i) each holder of the resource authority or applicant for the application;\n- (ii) each person who has a registered interest in the resource authority or application;\n- (iii) any caveator for a prior caveat over the resource authority or application if the prior caveat is in effect.\n- (a) does not comply with the prescribed requirements for the caveat; or\n- (b) is a prohibited caveat.","sortOrder":38},{"sectionNumber":"sec.26","sectionType":"section","heading":"Effect of lodging caveat","content":"### sec.26 Effect of lodging caveat\n\nThis section applies if a caveat is lodged over the resource authority or the application for a mining lease under this part.\nFrom the date and time of lodgement of the caveat until the caveat lapses or is withdrawn or removed, the caveat prevents the following—\nthe registration of a dealing in relation to the resource authority;\nthe registration under the Mineral Resources Act of a transfer of the application or a transfer of an interest in the application.\nHowever—\nthe lodgement of the caveat does not prevent the registration of an instrument of a type prescribed by regulation; and\nif the caveat is lodged over only a share in the resource authority, the lodgement of the caveat does not prevent the registration of a dealing in relation to other shares in the resource authority.\nThe caveat does not create an interest in the resource authority or the application.\nFor this section, the date and time of lodgement of the caveat is the date and time endorsed by the chief executive on the caveat as the caveat’s date and time of lodgement.\ns 26 sub 2024 No. 33 s 73\n(sec.26-ssec.1) This section applies if a caveat is lodged over the resource authority or the application for a mining lease under this part.\n(sec.26-ssec.2) From the date and time of lodgement of the caveat until the caveat lapses or is withdrawn or removed, the caveat prevents the following— the registration of a dealing in relation to the resource authority; the registration under the Mineral Resources Act of a transfer of the application or a transfer of an interest in the application.\n(sec.26-ssec.3) However— the lodgement of the caveat does not prevent the registration of an instrument of a type prescribed by regulation; and if the caveat is lodged over only a share in the resource authority, the lodgement of the caveat does not prevent the registration of a dealing in relation to other shares in the resource authority.\n(sec.26-ssec.4) The caveat does not create an interest in the resource authority or the application.\n(sec.26-ssec.5) For this section, the date and time of lodgement of the caveat is the date and time endorsed by the chief executive on the caveat as the caveat’s date and time of lodgement.\n- (a) the registration of a dealing in relation to the resource authority;\n- (b) the registration under the Mineral Resources Act of a transfer of the application or a transfer of an interest in the application.\n- (a) the lodgement of the caveat does not prevent the registration of an instrument of a type prescribed by regulation; and\n- (b) if the caveat is lodged over only a share in the resource authority, the lodgement of the caveat does not prevent the registration of a dealing in relation to other shares in the resource authority.","sortOrder":39},{"sectionNumber":"sec.27","sectionType":"section","heading":"Lapsing of caveat","content":"### sec.27 Lapsing of caveat\n\nA caveat lodged under this part lapses—\nfor a caveat for which there is consent—at the end of the term stated in the caveat; or\nfor a caveat for which there is no consent—\nif an order of the Land Court is in effect in relation to the caveat—when the order stops having effect; or\notherwise—on the day that is 3 months after the date of lodgement of the caveat or on an earlier day stated in the caveat.\nIf there is consent to the caveat and the caveat does not state the term of the caveat, the caveat continues in effect until it is withdrawn or removed.\nFor this section—\nthere is consent to a caveat over the resource authority only if each holder of the authority consented to the lodgement of the caveat and the consent was lodged with the caveat; and\nthere is consent to a caveat over the application for a mining lease only if each applicant consented to the lodgement of the caveat and the consent was lodged with the caveat; and\nthe date of lodgement of a caveat is the date endorsed by the chief executive on the caveat as the caveat’s date of lodgement.\ns 27 sub 2024 No. 33 s 73\n(sec.27-ssec.1) A caveat lodged under this part lapses— for a caveat for which there is consent—at the end of the term stated in the caveat; or for a caveat for which there is no consent— if an order of the Land Court is in effect in relation to the caveat—when the order stops having effect; or otherwise—on the day that is 3 months after the date of lodgement of the caveat or on an earlier day stated in the caveat.\n(sec.27-ssec.2) If there is consent to the caveat and the caveat does not state the term of the caveat, the caveat continues in effect until it is withdrawn or removed.\n(sec.27-ssec.3) For this section— there is consent to a caveat over the resource authority only if each holder of the authority consented to the lodgement of the caveat and the consent was lodged with the caveat; and there is consent to a caveat over the application for a mining lease only if each applicant consented to the lodgement of the caveat and the consent was lodged with the caveat; and the date of lodgement of a caveat is the date endorsed by the chief executive on the caveat as the caveat’s date of lodgement.\n- (a) for a caveat for which there is consent—at the end of the term stated in the caveat; or\n- (b) for a caveat for which there is no consent— (i) if an order of the Land Court is in effect in relation to the caveat—when the order stops having effect; or (ii) otherwise—on the day that is 3 months after the date of lodgement of the caveat or on an earlier day stated in the caveat.\n- (i) if an order of the Land Court is in effect in relation to the caveat—when the order stops having effect; or\n- (ii) otherwise—on the day that is 3 months after the date of lodgement of the caveat or on an earlier day stated in the caveat.\n- (i) if an order of the Land Court is in effect in relation to the caveat—when the order stops having effect; or\n- (ii) otherwise—on the day that is 3 months after the date of lodgement of the caveat or on an earlier day stated in the caveat.\n- (a) there is consent to a caveat over the resource authority only if each holder of the authority consented to the lodgement of the caveat and the consent was lodged with the caveat; and\n- (b) there is consent to a caveat over the application for a mining lease only if each applicant consented to the lodgement of the caveat and the consent was lodged with the caveat; and\n- (c) the date of lodgement of a caveat is the date endorsed by the chief executive on the caveat as the caveat’s date of lodgement.","sortOrder":40},{"sectionNumber":"sec.28","sectionType":"section","heading":"Withdrawal or removal of caveat","content":"### sec.28 Withdrawal or removal of caveat\n\nThe caveator for a caveat lodged under this part may withdraw the caveat by written notice given to the chief executive.\nEither of the following persons may apply to the Land Court for an order that a caveat lodged under this part be removed—\na person who has a present or prospective right or interest in the resource authority, or the application for a mining lease, over which the caveat is lodged;\na person whose present or prospective right to deal with the resource authority, or the application for a mining lease, over which the caveat is lodged is affected by the caveat.\nThe Land Court may make the order—\nwhether or not the caveator has been served with the application for the order; and\non the terms the Land Court considers appropriate.\ns 28 sub 2024 No. 33 s 73\n(sec.28-ssec.1) The caveator for a caveat lodged under this part may withdraw the caveat by written notice given to the chief executive.\n(sec.28-ssec.2) Either of the following persons may apply to the Land Court for an order that a caveat lodged under this part be removed— a person who has a present or prospective right or interest in the resource authority, or the application for a mining lease, over which the caveat is lodged; a person whose present or prospective right to deal with the resource authority, or the application for a mining lease, over which the caveat is lodged is affected by the caveat.\n(sec.28-ssec.3) The Land Court may make the order— whether or not the caveator has been served with the application for the order; and on the terms the Land Court considers appropriate.\n- (a) a person who has a present or prospective right or interest in the resource authority, or the application for a mining lease, over which the caveat is lodged;\n- (b) a person whose present or prospective right to deal with the resource authority, or the application for a mining lease, over which the caveat is lodged is affected by the caveat.\n- (a) whether or not the caveator has been served with the application for the order; and\n- (b) on the terms the Land Court considers appropriate.","sortOrder":41},{"sectionNumber":"sec.29","sectionType":"section","heading":"Recording of lapsing, withdrawal or removal of caveat","content":"### sec.29 Recording of lapsing, withdrawal or removal of caveat\n\nAs soon as practicable after a caveat lodged under this part lapses, is withdrawn or is ordered to be removed, the chief executive must record the lapse, withdrawal or removal in the register.\ns 29 sub 2024 No. 33 s 73","sortOrder":42},{"sectionNumber":"sec.30","sectionType":"section","heading":"Further caveat not available to same person","content":"### sec.30 Further caveat not available to same person\n\nThis section applies if a caveat is lodged over an interest in the resource authority or the application for a mining lease under this part (the original caveat ).\nA further caveat with the same caveator can not be lodged over the resource authority or the application on the same, or substantially the same, grounds as those stated in the original caveat unless—\neach holder of the authority, or each applicant for the application, has consented to the lodgement of the further caveat and the consent is lodged with the further caveat; or\na court of competent jurisdiction has given leave to lodge the further caveat.\ns 30 sub 2024 No. 33 s 73\n(sec.30-ssec.1) This section applies if a caveat is lodged over an interest in the resource authority or the application for a mining lease under this part (the original caveat ).\n(sec.30-ssec.2) A further caveat with the same caveator can not be lodged over the resource authority or the application on the same, or substantially the same, grounds as those stated in the original caveat unless— each holder of the authority, or each applicant for the application, has consented to the lodgement of the further caveat and the consent is lodged with the further caveat; or a court of competent jurisdiction has given leave to lodge the further caveat.\n- (a) each holder of the authority, or each applicant for the application, has consented to the lodgement of the further caveat and the consent is lodged with the further caveat; or\n- (b) a court of competent jurisdiction has given leave to lodge the further caveat.","sortOrder":43},{"sectionNumber":"sec.31","sectionType":"section","heading":"Compensation for lodging caveat without reasonable cause","content":"### sec.31 Compensation for lodging caveat without reasonable cause\n\nThe caveator for a caveat lodged under this part without reasonable cause is liable to compensate anyone else who suffers loss or damage because of the caveat.\ns 31 sub 2024 No. 33 s 73","sortOrder":44},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Associated agreements","content":"# Associated agreements","sortOrder":45},{"sectionNumber":"sec.32","sectionType":"section","heading":"What is an associated agreement","content":"### sec.32 What is an associated agreement\n\nAn associated agreement , for a resource authority, means an agreement relating to the resource authority.\nHowever, neither of the following agreements is an associated agreement —\na prescribed dealing;\na notifiable dealing;\nanother agreement prescribed by regulation.\ns 32 amd 2020 No. 14 s 67\n(sec.32-ssec.1) An associated agreement , for a resource authority, means an agreement relating to the resource authority.\n(sec.32-ssec.2) However, neither of the following agreements is an associated agreement — a prescribed dealing; a notifiable dealing; another agreement prescribed by regulation.\n- (a) a prescribed dealing;\n- (b) a notifiable dealing;\n- (c) another agreement prescribed by regulation.","sortOrder":46},{"sectionNumber":"sec.33","sectionType":"section","heading":"Recording associated agreements","content":"### sec.33 Recording associated agreements\n\nThe holder of a resource authority to which an associated agreement relates may apply to the chief executive to have the agreement recorded in the register against the resource authority.\nThe application may include the date on which the associated agreement expires and it is to be removed from the register.\nChapter 6 , part 1 applies for processing the application.\nAfter lodgement of a valid application, the chief executive must record the associated agreement in the register against the resource authority to which the agreement relates.\nThe chief executive is not required to examine, or to determine the validity of, an associated agreement.\ns 33 amd 2020 No. 14 s 218 sch 1\n(sec.33-ssec.1) The holder of a resource authority to which an associated agreement relates may apply to the chief executive to have the agreement recorded in the register against the resource authority.\n(sec.33-ssec.2) The application may include the date on which the associated agreement expires and it is to be removed from the register.\n(sec.33-ssec.3) Chapter 6 , part 1 applies for processing the application.\n(sec.33-ssec.4) After lodgement of a valid application, the chief executive must record the associated agreement in the register against the resource authority to which the agreement relates.\n(sec.33-ssec.5) The chief executive is not required to examine, or to determine the validity of, an associated agreement.","sortOrder":47},{"sectionNumber":"sec.34","sectionType":"section","heading":"Effect of recording associated agreements","content":"### sec.34 Effect of recording associated agreements\n\nThe recording of an associated agreement in the register does not of itself—\ngive the agreement any more effect or validity than it would otherwise have; or\ncreate an interest in the resource authority against which it is recorded.\n- (a) give the agreement any more effect or validity than it would otherwise have; or\n- (b) create an interest in the resource authority against which it is recorded.","sortOrder":48},{"sectionNumber":"sec.35","sectionType":"section","heading":"Removing associated agreements from register","content":"### sec.35 Removing associated agreements from register\n\nThe holder of a resource authority to which an associated agreement relates may apply to the chief executive to have the agreement removed from the register.\nChapter 6 , part 1 applies for processing the application.\nAfter lodgement of a valid application, the chief executive must remove the associated agreement from the register.\ns 35 amd 2020 No. 14 s 218 sch 1\n(sec.35-ssec.1) The holder of a resource authority to which an associated agreement relates may apply to the chief executive to have the agreement removed from the register.\n(sec.35-ssec.2) Chapter 6 , part 1 applies for processing the application.\n(sec.35-ssec.3) After lodgement of a valid application, the chief executive must remove the associated agreement from the register.","sortOrder":49},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Land access codes","content":"# Land access codes","sortOrder":50},{"sectionNumber":"sec.36","sectionType":"section","heading":"Making of land access codes","content":"### sec.36 Making of land access codes\n\nA regulation may make 1 or more codes for all Resource Acts (each a land access code ) that—\nstates best practice guidelines for communication between the holders of resource authorities and owners and occupiers of land, public land authorities and public road authorities; and\nimposes on resource authorities mandatory conditions concerning the conduct of authorised activities on land.\n- (a) states best practice guidelines for communication between the holders of resource authorities and owners and occupiers of land, public land authorities and public road authorities; and\n- (b) imposes on resource authorities mandatory conditions concerning the conduct of authorised activities on land.","sortOrder":51},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Private land","content":"# Private land","sortOrder":52},{"sectionNumber":"ch.3-pt.2-div.1","sectionType":"division","heading":"Application of part","content":"## Application of part","sortOrder":53},{"sectionNumber":"sec.37","sectionType":"section","heading":"Application of part","content":"### sec.37 Application of part\n\nThis part does not apply in relation to the following resource authorities under the Mineral Resources Act —\na prospecting permit;\na mining claim;\na mining lease.\ns 37 amd 2020 No. 14 s 218 sch 1\n- (a) a prospecting permit;\n- (b) a mining claim;\n- (c) a mining lease.","sortOrder":54},{"sectionNumber":"ch.3-pt.2-div.2","sectionType":"division","heading":"Entry for authorised activities and access requires entry notice","content":"## Entry for authorised activities and access requires entry notice","sortOrder":55},{"sectionNumber":"sec.38","sectionType":"section","heading":"Application of division","content":"### sec.38 Application of division\n\nThis division applies to an entry to private land for the purpose of—\ncarrying out an authorised activity for a resource authority; or\ncrossing access land for the resource authority; or\ngaining entry to access land for the resource authority.\ns 38 amd 2020 No. 14 s 218 sch 1\n- (a) carrying out an authorised activity for a resource authority; or\n- (b) crossing access land for the resource authority; or\n- (c) gaining entry to access land for the resource authority.","sortOrder":56},{"sectionNumber":"sec.39","sectionType":"section","heading":"Obligation to give entry notice to owners and occupiers","content":"### sec.39 Obligation to give entry notice to owners and occupiers\n\nA person must not enter private land for a purpose mentioned in section 38 unless the resource authority holder has given each owner and occupier of the land an entry notice about the entry.\nMaximum penalty—500 penalty units.\nAn entry notice is invalid if—\nit does not comply with the prescribed requirements for the notice; or\nit states a period for entry that is longer than the maximum period for entry; or\nit is not given to an owner or occupier at least 10 business days before the entry.\nHowever, an entry notice is not invalid if—\ngiven to an owner or occupier less than 10 business days before the entry; and\nthe owner or occupier has agreed in writing to the shorter period.\nIn this section—\ngive includes to give by publication if the resource authority holder has been given an approval to do so under section 41 and complies with the approval.\nmaximum period for entry means the maximum period, prescribed by regulation, that access to land is to be allowed for a particular entry to the land.\ns 39 amd 2016 No. 30 s 114 sch 1\n(sec.39-ssec.1) A person must not enter private land for a purpose mentioned in section 38 unless the resource authority holder has given each owner and occupier of the land an entry notice about the entry. Maximum penalty—500 penalty units.\n(sec.39-ssec.2) An entry notice is invalid if— it does not comply with the prescribed requirements for the notice; or it states a period for entry that is longer than the maximum period for entry; or it is not given to an owner or occupier at least 10 business days before the entry.\n(sec.39-ssec.3) However, an entry notice is not invalid if— given to an owner or occupier less than 10 business days before the entry; and the owner or occupier has agreed in writing to the shorter period.\n(sec.39-ssec.4) In this section— give includes to give by publication if the resource authority holder has been given an approval to do so under section 41 and complies with the approval. maximum period for entry means the maximum period, prescribed by regulation, that access to land is to be allowed for a particular entry to the land.\n- (a) it does not comply with the prescribed requirements for the notice; or\n- (b) it states a period for entry that is longer than the maximum period for entry; or\n- (c) it is not given to an owner or occupier at least 10 business days before the entry.\n- (a) given to an owner or occupier less than 10 business days before the entry; and\n- (b) the owner or occupier has agreed in writing to the shorter period.","sortOrder":57},{"sectionNumber":"sec.40","sectionType":"section","heading":"Exemptions from obligations","content":"### sec.40 Exemptions from obligations\n\nAn obligation under this division to give an entry notice about an entry to private land for a purpose mentioned in section 38 does not apply if—\nthe resource authority holder owns the land; or\nthe resource authority holder has an independent legal right to enter the land for the purpose; or\nthe entry is to preserve life or property or because of an emergency that exists or may exist; or\nthe entry is authorised under the relevant Resource Act for the resource authority; or\nthe entry is of a type prescribed by regulation.\nAn obligation under this division to give an entry notice about an entry to private land for a purpose mentioned in section 38 also does not apply if the resource authority holder has 1 of the following with each owner and occupier of the land—\na waiver of entry notice for the entry that is in effect;\nAn owner or occupier of land may give a waiver of entry notice for an entry to the land. See section 42 .\na conduct and compensation agreement for the land and—\nthe agreement provides for alternative obligations for the entry; and\nthe holder complies with the alternative obligations for the entry;\nan opt-out agreement.\nFurther, an obligation under this division to give an entry notice about an entry to private land for a purpose mentioned in section 38 does not apply if the entry is for the purpose of carrying out an authorised activity for the resource authority that is aerial surveying carried out at 1,000ft or more above land.\nIn this section—\nindependent legal right , to enter land, means a right to enter the land that is enforceable under any law, including a common law right, but does not include a right to enter the land under this Act or a Resource Act.\na contractual arrangement allowing a party to the contract to enter particular land\ns 40 amd 2016 No. 30 s 114 sch 1 ; 2020 No. 14 s 218 sch 1 ; 2024 No. 33 s 75\n(sec.40-ssec.1) An obligation under this division to give an entry notice about an entry to private land for a purpose mentioned in section 38 does not apply if— the resource authority holder owns the land; or the resource authority holder has an independent legal right to enter the land for the purpose; or the entry is to preserve life or property or because of an emergency that exists or may exist; or the entry is authorised under the relevant Resource Act for the resource authority; or the entry is of a type prescribed by regulation.\n(sec.40-ssec.2) An obligation under this division to give an entry notice about an entry to private land for a purpose mentioned in section 38 also does not apply if the resource authority holder has 1 of the following with each owner and occupier of the land— a waiver of entry notice for the entry that is in effect; An owner or occupier of land may give a waiver of entry notice for an entry to the land. See section 42 . a conduct and compensation agreement for the land and— the agreement provides for alternative obligations for the entry; and the holder complies with the alternative obligations for the entry; an opt-out agreement.\n(sec.40-ssec.3) Further, an obligation under this division to give an entry notice about an entry to private land for a purpose mentioned in section 38 does not apply if the entry is for the purpose of carrying out an authorised activity for the resource authority that is aerial surveying carried out at 1,000ft or more above land.\n(sec.40-ssec.4) In this section— independent legal right , to enter land, means a right to enter the land that is enforceable under any law, including a common law right, but does not include a right to enter the land under this Act or a Resource Act. a contractual arrangement allowing a party to the contract to enter particular land\n- (a) the resource authority holder owns the land; or\n- (b) the resource authority holder has an independent legal right to enter the land for the purpose; or\n- (c) the entry is to preserve life or property or because of an emergency that exists or may exist; or\n- (d) the entry is authorised under the relevant Resource Act for the resource authority; or\n- (e) the entry is of a type prescribed by regulation.\n- (a) a waiver of entry notice for the entry that is in effect; Note— An owner or occupier of land may give a waiver of entry notice for an entry to the land. See section 42 .\n- (b) a conduct and compensation agreement for the land and— (i) the agreement provides for alternative obligations for the entry; and (ii) the holder complies with the alternative obligations for the entry;\n- (i) the agreement provides for alternative obligations for the entry; and\n- (ii) the holder complies with the alternative obligations for the entry;\n- (c) an opt-out agreement.\n- (i) the agreement provides for alternative obligations for the entry; and\n- (ii) the holder complies with the alternative obligations for the entry;","sortOrder":58},{"sectionNumber":"sec.41","sectionType":"section","heading":"Approval to give entry notices by publication","content":"### sec.41 Approval to give entry notices by publication\n\nA resource authority holder may apply to the chief executive for approval to give an entry notice by publishing it in a stated way.\nThe application may relate to more than 1 entry notice or a particular type of entry.\nThe chief executive may give the approval only if satisfied—\nthe publication will happen at least 20 business days before the entry; and\nfor an owner or occupier who is an individual—it is impracticable to give the owner or occupier the notice personally.\nChapter 6 , part 1 applies for processing the application, and the chief executive must decide to either refuse to give the approval or give the approval with or without conditions.\ns 41 amd 2020 No. 14 s 218 sch 1\n(sec.41-ssec.1) A resource authority holder may apply to the chief executive for approval to give an entry notice by publishing it in a stated way.\n(sec.41-ssec.2) The application may relate to more than 1 entry notice or a particular type of entry.\n(sec.41-ssec.3) The chief executive may give the approval only if satisfied— the publication will happen at least 20 business days before the entry; and for an owner or occupier who is an individual—it is impracticable to give the owner or occupier the notice personally.\n(sec.41-ssec.4) Chapter 6 , part 1 applies for processing the application, and the chief executive must decide to either refuse to give the approval or give the approval with or without conditions.\n- (a) the publication will happen at least 20 business days before the entry; and\n- (b) for an owner or occupier who is an individual—it is impracticable to give the owner or occupier the notice personally.","sortOrder":59},{"sectionNumber":"sec.42","sectionType":"section","heading":"Right to give waiver of entry notice","content":"### sec.42 Right to give waiver of entry notice\n\nAn owner or occupier of land may give a waiver of entry notice for an entry made to the land for a purpose mentioned in section 38 .\nA waiver of an entry notice—\nis invalid if it does not comply with the prescribed requirements for the notice; and\ncan not be withdrawn during the notified period; and\nceases to have effect at the end of the notified period.\nIn this section—\nnotified period , for a waiver of entry notice, means the period stated in the notice as the period during which the land may be entered.\n(sec.42-ssec.1) An owner or occupier of land may give a waiver of entry notice for an entry made to the land for a purpose mentioned in section 38 .\n(sec.42-ssec.2) A waiver of an entry notice— is invalid if it does not comply with the prescribed requirements for the notice; and can not be withdrawn during the notified period; and ceases to have effect at the end of the notified period.\n(sec.42-ssec.3) In this section— notified period , for a waiver of entry notice, means the period stated in the notice as the period during which the land may be entered.\n- (a) is invalid if it does not comply with the prescribed requirements for the notice; and\n- (b) can not be withdrawn during the notified period; and\n- (c) ceases to have effect at the end of the notified period.","sortOrder":60},{"sectionNumber":"ch.3-pt.2-div.3","sectionType":"division","heading":"Entry for advanced activities requires agreement","content":"## Entry for advanced activities requires agreement","sortOrder":61},{"sectionNumber":"sec.43","sectionType":"section","heading":"Carrying out advanced activities on private land requires agreement","content":"### sec.43 Carrying out advanced activities on private land requires agreement\n\nA person must not enter private land to carry out an advanced activity for a resource authority unless each owner and occupier of the land—\nis a party to a conduct and compensation agreement about the advanced activity and its effects; or\nis a party to a deferral agreement; or\nhas elected to opt out from entering into a conduct and compensation agreement or deferral agreement under section 45 ; or\nis a party to—\nan arbitration under part 7 , division 2 , subdivision 3A ; or\nan application to the Land Court under section 96 .\nMaximum penalty—500 penalty units.\nThis section does not apply for an entry to private land to carry out an advanced activity for a resource authority if—\nthe resource authority holder owns the land; or\nthe resource authority holder has an independent legal right to enter the land to carry out the activity; or\nthe entry is to preserve life or property or because of an emergency that exists or may exist; or\nthe entry is authorised under the relevant Resource Act for the resource authority; or\nthe entry is of a type prescribed by regulation.\nThis section does not limit the requirement under section 39 for a person to give an entry notice about the entry to private land for a purpose mentioned in section 38 .\nIn this section—\nindependent legal right , to enter land, means a right to enter the land that is enforceable under any law, including a common law right, but does not include a right to enter the land under this Act or a Resource Act.\ns 43 amd 2016 No. 30 s 114 sch 1 ; 2018 No. 24 s 33\n(sec.43-ssec.1) A person must not enter private land to carry out an advanced activity for a resource authority unless each owner and occupier of the land— is a party to a conduct and compensation agreement about the advanced activity and its effects; or is a party to a deferral agreement; or has elected to opt out from entering into a conduct and compensation agreement or deferral agreement under section 45 ; or is a party to— an arbitration under part 7 , division 2 , subdivision 3A ; or an application to the Land Court under section 96 . Maximum penalty—500 penalty units.\n(sec.43-ssec.2) This section does not apply for an entry to private land to carry out an advanced activity for a resource authority if— the resource authority holder owns the land; or the resource authority holder has an independent legal right to enter the land to carry out the activity; or the entry is to preserve life or property or because of an emergency that exists or may exist; or the entry is authorised under the relevant Resource Act for the resource authority; or the entry is of a type prescribed by regulation.\n(sec.43-ssec.3) This section does not limit the requirement under section 39 for a person to give an entry notice about the entry to private land for a purpose mentioned in section 38 .\n(sec.43-ssec.4) In this section— independent legal right , to enter land, means a right to enter the land that is enforceable under any law, including a common law right, but does not include a right to enter the land under this Act or a Resource Act.\n- (a) is a party to a conduct and compensation agreement about the advanced activity and its effects; or\n- (b) is a party to a deferral agreement; or\n- (c) has elected to opt out from entering into a conduct and compensation agreement or deferral agreement under section 45 ; or\n- (d) is a party to— (i) an arbitration under part 7 , division 2 , subdivision 3A ; or (ii) an application to the Land Court under section 96 .\n- (i) an arbitration under part 7 , division 2 , subdivision 3A ; or\n- (ii) an application to the Land Court under section 96 .\n- (i) an arbitration under part 7 , division 2 , subdivision 3A ; or\n- (ii) an application to the Land Court under section 96 .\n- (a) the resource authority holder owns the land; or\n- (b) the resource authority holder has an independent legal right to enter the land to carry out the activity; or\n- (c) the entry is to preserve life or property or because of an emergency that exists or may exist; or\n- (d) the entry is authorised under the relevant Resource Act for the resource authority; or\n- (e) the entry is of a type prescribed by regulation.","sortOrder":62},{"sectionNumber":"sec.44","sectionType":"section","heading":"Deferral agreements","content":"### sec.44 Deferral agreements\n\nAn owner or occupier of land may enter into an agreement (a deferral agreement ) with a resource authority holder that a conduct and compensation agreement can be entered into after entry to the land.\nA deferral agreement is invalid if it does not comply with the prescribed requirements for the agreement.\ns 44 amd 2018 No. 24 s 34\n(sec.44-ssec.1) An owner or occupier of land may enter into an agreement (a deferral agreement ) with a resource authority holder that a conduct and compensation agreement can be entered into after entry to the land.\n(sec.44-ssec.2) A deferral agreement is invalid if it does not comply with the prescribed requirements for the agreement. s 44 amd 2018 No. 24 s 34","sortOrder":63},{"sectionNumber":"sec.45","sectionType":"section","heading":"Right to elect to opt out","content":"### sec.45 Right to elect to opt out\n\nAn owner or occupier of land may elect to opt out of entering into a conduct and compensation agreement or a deferral agreement with a resource authority holder.\nThe election to opt out is an opt-out agreement and is invalid if it does not comply with the prescribed requirements for the agreement.\nDespite any term of the opt-out agreement, either party to the agreement may, by giving written notice to the other parties to the agreement, unilaterally terminate the agreement within 10 business days of a signed copy of the agreement being given to the owner or occupier of land.\nAn opt-out agreement for land ends—\naccording to its terms; or\nif the resource authority ends; or\nif it is terminated by a party under subsection (3) ; or\nif the parties enter into any of the following agreements—\na deferral agreement;\na conduct and compensation agreement:\nanother opt-out agreement for the land.\nAn opt-out agreement does not negate a resource authority holder’s liability to compensate an eligible claimant. See section 81 .\ns 45 amd 2018 No. 24 s 35\n(sec.45-ssec.1) An owner or occupier of land may elect to opt out of entering into a conduct and compensation agreement or a deferral agreement with a resource authority holder.\n(sec.45-ssec.2) The election to opt out is an opt-out agreement and is invalid if it does not comply with the prescribed requirements for the agreement.\n(sec.45-ssec.3) Despite any term of the opt-out agreement, either party to the agreement may, by giving written notice to the other parties to the agreement, unilaterally terminate the agreement within 10 business days of a signed copy of the agreement being given to the owner or occupier of land.\n(sec.45-ssec.4) An opt-out agreement for land ends— according to its terms; or if the resource authority ends; or if it is terminated by a party under subsection (3) ; or if the parties enter into any of the following agreements— a deferral agreement; a conduct and compensation agreement: another opt-out agreement for the land. An opt-out agreement does not negate a resource authority holder’s liability to compensate an eligible claimant. See section 81 .\n- (a) according to its terms; or\n- (b) if the resource authority ends; or\n- (c) if it is terminated by a party under subsection (3) ; or\n- (d) if the parties enter into any of the following agreements— (i) a deferral agreement; (ii) a conduct and compensation agreement: (iii) another opt-out agreement for the land. Note— An opt-out agreement does not negate a resource authority holder’s liability to compensate an eligible claimant. See section 81 .\n- (i) a deferral agreement;\n- (ii) a conduct and compensation agreement:\n- (iii) another opt-out agreement for the land.\n- (i) a deferral agreement;\n- (ii) a conduct and compensation agreement:\n- (iii) another opt-out agreement for the land.","sortOrder":64},{"sectionNumber":"ch.3-pt.2-div.4","sectionType":"division","heading":"Access to private land outside authorised area","content":"## Access to private land outside authorised area","sortOrder":65},{"sectionNumber":"sec.46","sectionType":"section","heading":"Application of division","content":"### sec.46 Application of division\n\nThis division does not apply in relation to mineral development licences under the Mineral Resources Act .\ns 46 amd 2020 No. 14 s 218 sch 1","sortOrder":66},{"sectionNumber":"sec.47","sectionType":"section","heading":"Limited access to private land outside authorised area","content":"### sec.47 Limited access to private land outside authorised area\n\nA resource authority holder may exercise an access right over access land if—\nthe following have agreed orally or in writing to the exercise of the rights—\nif exercising the rights is likely to have a permanent impact on access land—each owner and occupier of the land;\nif exercising the rights is unlikely to have a permanent impact on access land—each occupier of the land; or\nthe exercise of the rights is needed to preserve life or property or because of an emergency that exists or may exist.\nAn agreement about the exercise of the rights mentioned in subsection (1) (a) is an access agreement .\nIn this section—\naccess land , for a resource authority, means land, outside the authorised area for the resource authority, that it is reasonably necessary to allow the holder to cross in order to enter the authorised area.\nSee section 49 for the criteria for deciding whether access is reasonable.\naccess rights , over access land for a resource authority, means the right to—\ncross the access land if it is reasonably necessary to allow the holder to enter the authorised area; and\ncarry out activities on the access land that are reasonably necessary to allow the crossing of the land.\nopening a gate or fence\npermanent impact , on land, means a continuing effect on the land or its use or a permanent or long-term adverse effect on its current lawful use by an occupier of the land.\nbuilding a road\nopening or closing a gate\n(sec.47-ssec.1) A resource authority holder may exercise an access right over access land if— the following have agreed orally or in writing to the exercise of the rights— if exercising the rights is likely to have a permanent impact on access land—each owner and occupier of the land; if exercising the rights is unlikely to have a permanent impact on access land—each occupier of the land; or the exercise of the rights is needed to preserve life or property or because of an emergency that exists or may exist.\n(sec.47-ssec.2) An agreement about the exercise of the rights mentioned in subsection (1) (a) is an access agreement .\n(sec.47-ssec.3) In this section— access land , for a resource authority, means land, outside the authorised area for the resource authority, that it is reasonably necessary to allow the holder to cross in order to enter the authorised area. See section 49 for the criteria for deciding whether access is reasonable. access rights , over access land for a resource authority, means the right to— cross the access land if it is reasonably necessary to allow the holder to enter the authorised area; and carry out activities on the access land that are reasonably necessary to allow the crossing of the land. opening a gate or fence permanent impact , on land, means a continuing effect on the land or its use or a permanent or long-term adverse effect on its current lawful use by an occupier of the land. building a road opening or closing a gate\n- (a) the following have agreed orally or in writing to the exercise of the rights— (i) if exercising the rights is likely to have a permanent impact on access land—each owner and occupier of the land; (ii) if exercising the rights is unlikely to have a permanent impact on access land—each occupier of the land; or\n- (i) if exercising the rights is likely to have a permanent impact on access land—each owner and occupier of the land;\n- (ii) if exercising the rights is unlikely to have a permanent impact on access land—each occupier of the land; or\n- (b) the exercise of the rights is needed to preserve life or property or because of an emergency that exists or may exist.\n- (i) if exercising the rights is likely to have a permanent impact on access land—each owner and occupier of the land;\n- (ii) if exercising the rights is unlikely to have a permanent impact on access land—each occupier of the land; or\n- (a) cross the access land if it is reasonably necessary to allow the holder to enter the authorised area; and\n- (b) carry out activities on the access land that are reasonably necessary to allow the crossing of the land. Example for paragraph (b) — opening a gate or fence","sortOrder":67},{"sectionNumber":"sec.48","sectionType":"section","heading":"Owner or occupier must not unreasonably refuse to make access agreement","content":"### sec.48 Owner or occupier must not unreasonably refuse to make access agreement\n\nAn owner or occupier of access land must not, if asked by a resource authority holder, unreasonably refuse to make an access agreement with the holder.\nFor subsection (1) , the owner or occupier does not unreasonably refuse only because the owner or occupier asks for the agreement to be subject to reasonable and relevant conditions offered by the owner or occupier.\nIf an owner or occupier has not made an access agreement within 20 business days after being asked to make the agreement by a resource authority holder, the owner or occupier is taken to have refused to make the agreement.\ns 48 amd 2024 No. 33 s 76\n(sec.48-ssec.1) An owner or occupier of access land must not, if asked by a resource authority holder, unreasonably refuse to make an access agreement with the holder.\n(sec.48-ssec.2) For subsection (1) , the owner or occupier does not unreasonably refuse only because the owner or occupier asks for the agreement to be subject to reasonable and relevant conditions offered by the owner or occupier.\n(sec.48-ssec.3) If an owner or occupier has not made an access agreement within 20 business days after being asked to make the agreement by a resource authority holder, the owner or occupier is taken to have refused to make the agreement.","sortOrder":68},{"sectionNumber":"sec.49","sectionType":"section","heading":"Criteria for deciding whether access is reasonable","content":"### sec.49 Criteria for deciding whether access is reasonable\n\nThis section provides for matters to be considered in deciding whether—\nit is reasonably necessary for a resource authority holder to cross access land to allow the holder to enter the authorised area for the resource authority; or\nit is reasonably necessary for a resource authority holder to carry out activities on access land to allow the crossing of the land; or\nan owner or occupier of access land has unreasonably refused to make an access agreement.\nThe resource authority holder must first show it is not possible or reasonable to exercise the access rights by using a formed road.\nAfter subsection (2) has been satisfied, the following must be considered—\nthe nature and extent of any impact the exercise of the access rights will have on access land and the owner or occupier’s use and enjoyment of it;\nhow, when and where, and the period during which, the resource authority holder proposes to exercise the access rights.\nIn this section—\nformed road means any existing road or track on private land or public land used, or that may reasonably be capable of being used, to drive or ride motor vehicles.\n(sec.49-ssec.1) This section provides for matters to be considered in deciding whether— it is reasonably necessary for a resource authority holder to cross access land to allow the holder to enter the authorised area for the resource authority; or it is reasonably necessary for a resource authority holder to carry out activities on access land to allow the crossing of the land; or an owner or occupier of access land has unreasonably refused to make an access agreement.\n(sec.49-ssec.2) The resource authority holder must first show it is not possible or reasonable to exercise the access rights by using a formed road.\n(sec.49-ssec.3) After subsection (2) has been satisfied, the following must be considered— the nature and extent of any impact the exercise of the access rights will have on access land and the owner or occupier’s use and enjoyment of it; how, when and where, and the period during which, the resource authority holder proposes to exercise the access rights.\n(sec.49-ssec.4) In this section— formed road means any existing road or track on private land or public land used, or that may reasonably be capable of being used, to drive or ride motor vehicles.\n- (a) it is reasonably necessary for a resource authority holder to cross access land to allow the holder to enter the authorised area for the resource authority; or\n- (b) it is reasonably necessary for a resource authority holder to carry out activities on access land to allow the crossing of the land; or\n- (c) an owner or occupier of access land has unreasonably refused to make an access agreement.\n- (a) the nature and extent of any impact the exercise of the access rights will have on access land and the owner or occupier’s use and enjoyment of it;\n- (b) how, when and where, and the period during which, the resource authority holder proposes to exercise the access rights.","sortOrder":69},{"sectionNumber":"sec.50","sectionType":"section","heading":"Additional topics for access agreements","content":"### sec.50 Additional topics for access agreements\n\nThis section applies if a resource authority holder and an owner or occupier of access land make an access agreement for the exercise of access rights over the access land.\nThe access agreement may provide for alternative obligations, for entry to the access land, to the entry notice obligations under section 39 .\nIf the access agreement is in writing, it may include a conduct and compensation agreement for the exercise or future exercise of access rights by the resource authority holder.\n(sec.50-ssec.1) This section applies if a resource authority holder and an owner or occupier of access land make an access agreement for the exercise of access rights over the access land.\n(sec.50-ssec.2) The access agreement may provide for alternative obligations, for entry to the access land, to the entry notice obligations under section 39 .\n(sec.50-ssec.3) If the access agreement is in writing, it may include a conduct and compensation agreement for the exercise or future exercise of access rights by the resource authority holder.","sortOrder":70},{"sectionNumber":"sec.51","sectionType":"section","heading":"Other rights to grant entry not affected","content":"### sec.51 Other rights to grant entry not affected\n\nThis subdivision does not limit or otherwise affect the ability of an owner or occupier to grant a resource authority holder a right of access to land, including, for example, by the grant of an easement.","sortOrder":71},{"sectionNumber":"sec.51A","sectionType":"section","heading":"Party may seek ADR","content":"### sec.51A Party may seek ADR\n\nThis section applies if a dispute arises between a resource authority holder and an owner or occupier of land (the parties ) about—\ndeciding a matter mentioned in section 49 (1) (a) , (b) or (c) ; or\nwhether an access agreement between the parties should be varied because of a material change in circumstances.\nEither party may give an ADR election notice to the other party asking the other party to participate in ADR to seek to negotiate a resolution of the dispute.\nA party given an ADR election notice must, within 10 business days after the notice is given, accept or refuse the request for ADR.\nIf a party given an ADR election notice does not accept the request for ADR within 10 business days after the notice is given, the party is taken to refuse the request.\nIf the request for ADR is accepted under subsection (3) , the parties may, within 10 business days after the acceptance, jointly appoint the ADR facilitator proposed in the ADR election notice, or another ADR facilitator, to conduct the ADR.\nChapter 7A , part 1 , division 2 applies to the ADR.\ns 51A ins 2024 No. 33 s 77\n(sec.51A-ssec.1) This section applies if a dispute arises between a resource authority holder and an owner or occupier of land (the parties ) about— deciding a matter mentioned in section 49 (1) (a) , (b) or (c) ; or whether an access agreement between the parties should be varied because of a material change in circumstances.\n(sec.51A-ssec.2) Either party may give an ADR election notice to the other party asking the other party to participate in ADR to seek to negotiate a resolution of the dispute.\n(sec.51A-ssec.3) A party given an ADR election notice must, within 10 business days after the notice is given, accept or refuse the request for ADR.\n(sec.51A-ssec.4) If a party given an ADR election notice does not accept the request for ADR within 10 business days after the notice is given, the party is taken to refuse the request.\n(sec.51A-ssec.5) If the request for ADR is accepted under subsection (3) , the parties may, within 10 business days after the acceptance, jointly appoint the ADR facilitator proposed in the ADR election notice, or another ADR facilitator, to conduct the ADR.\n(sec.51A-ssec.6) Chapter 7A , part 1 , division 2 applies to the ADR.\n- (a) deciding a matter mentioned in section 49 (1) (a) , (b) or (c) ; or\n- (b) whether an access agreement between the parties should be varied because of a material change in circumstances.","sortOrder":72},{"sectionNumber":"sec.52","sectionType":"section","heading":"Power of Land Court to decide access agreement","content":"### sec.52 Power of Land Court to decide access agreement\n\nIf a dispute arises between a resource authority holder and an owner or occupier of land (the parties ) about a matter mentioned in section 49 (1) , either party may apply to the Land Court for it to decide the matter.\nIn deciding the matter, the Land Court—\nmust have regard to section 49 (2) and (3) ; and\nmay impose conditions it considers appropriate for the exercise of the access rights.\nConditions imposed under subsection (2) (b) are taken to be—\nif there is already an access agreement between the parties—conditions of that agreement; or\nif there is no access agreement between the parties—an access agreement between the parties.\n(sec.52-ssec.1) If a dispute arises between a resource authority holder and an owner or occupier of land (the parties ) about a matter mentioned in section 49 (1) , either party may apply to the Land Court for it to decide the matter.\n(sec.52-ssec.2) In deciding the matter, the Land Court— must have regard to section 49 (2) and (3) ; and may impose conditions it considers appropriate for the exercise of the access rights.\n(sec.52-ssec.3) Conditions imposed under subsection (2) (b) are taken to be— if there is already an access agreement between the parties—conditions of that agreement; or if there is no access agreement between the parties—an access agreement between the parties.\n- (a) must have regard to section 49 (2) and (3) ; and\n- (b) may impose conditions it considers appropriate for the exercise of the access rights.\n- (a) if there is already an access agreement between the parties—conditions of that agreement; or\n- (b) if there is no access agreement between the parties—an access agreement between the parties.","sortOrder":73},{"sectionNumber":"sec.53","sectionType":"section","heading":"Power of Land Court to vary access agreement","content":"### sec.53 Power of Land Court to vary access agreement\n\nA resource authority holder, or an owner or occupier of land, may apply to the Land Court to vary an access agreement between them.\nIn deciding the application, the Land Court must have regard to section 49 (2) and (3) .\nThe Land Court may vary the access agreement only if it considers the change is appropriate because of a material change in circumstances.\nThis section does not prevent the owner or occupier and the resource authority holder from agreeing to vary the access agreement.\nThe power of the Land Court to vary an access agreement is not limited by part 6 .\n(sec.53-ssec.1) A resource authority holder, or an owner or occupier of land, may apply to the Land Court to vary an access agreement between them.\n(sec.53-ssec.2) In deciding the application, the Land Court must have regard to section 49 (2) and (3) .\n(sec.53-ssec.3) The Land Court may vary the access agreement only if it considers the change is appropriate because of a material change in circumstances.\n(sec.53-ssec.4) This section does not prevent the owner or occupier and the resource authority holder from agreeing to vary the access agreement.\n(sec.53-ssec.5) The power of the Land Court to vary an access agreement is not limited by part 6 .","sortOrder":74},{"sectionNumber":"sec.53A","sectionType":"section","heading":"Power of Land Court to decide alleged breach of access agreement","content":"### sec.53A Power of Land Court to decide alleged breach of access agreement\n\nIf a party to an access agreement believes the other party has breached the agreement, the party may apply to the Land Court for an order about the alleged breach.\nAn application may be made during the term, or after the end, of the agreement.\nThe Land Court may make any order it considers appropriate on an application under this section.\nIn this section—\nparty , to an access agreement, means—\nthe following persons who entered into the agreement—\nthe resource authority holder;\nthe owner or occupier of private land; or\nthe successors and assigns of a party mentioned in paragraph (a) that are bound by the agreement under section 79 .\ns 53A ins 2024 No. 33 s 78\n(sec.53A-ssec.1) If a party to an access agreement believes the other party has breached the agreement, the party may apply to the Land Court for an order about the alleged breach.\n(sec.53A-ssec.2) An application may be made during the term, or after the end, of the agreement.\n(sec.53A-ssec.3) The Land Court may make any order it considers appropriate on an application under this section.\n(sec.53A-ssec.4) In this section— party , to an access agreement, means— the following persons who entered into the agreement— the resource authority holder; the owner or occupier of private land; or the successors and assigns of a party mentioned in paragraph (a) that are bound by the agreement under section 79 .\n- (a) the following persons who entered into the agreement— (i) the resource authority holder; (ii) the owner or occupier of private land; or\n- (i) the resource authority holder;\n- (ii) the owner or occupier of private land; or\n- (b) the successors and assigns of a party mentioned in paragraph (a) that are bound by the agreement under section 79 .\n- (i) the resource authority holder;\n- (ii) the owner or occupier of private land; or","sortOrder":75},{"sectionNumber":"ch.3-pt.2-div.5","sectionType":"division","heading":"Periodic report after entry of land","content":"## Periodic report after entry of land","sortOrder":76},{"sectionNumber":"sec.54","sectionType":"section","heading":"Report to owners and occupiers","content":"### sec.54 Report to owners and occupiers\n\nThis section applies if—\nprivate land has been entered to carry out authorised activities for a resource authority; or\naccess land for a resource authority has been entered in the exercise of the access rights over the land.\nThe holder of the resource authority must, within the prescribed period, give each owner and occupier of the land a report about the entry.\nThe report must comply with the prescribed requirements for the report.\nThis section does not apply if the entry to the land is for the purpose of carrying out an authorised activity for the resource authority that is aerial surveying carried out at 1,000ft or more above land.\ns 54 amd 2016 No. 30 s 4 ; 2024 No. 33 s 79\n(sec.54-ssec.1) This section applies if— private land has been entered to carry out authorised activities for a resource authority; or access land for a resource authority has been entered in the exercise of the access rights over the land.\n(sec.54-ssec.2) The holder of the resource authority must, within the prescribed period, give each owner and occupier of the land a report about the entry.\n(sec.54-ssec.3) The report must comply with the prescribed requirements for the report.\n(sec.54-ssec.4) This section does not apply if the entry to the land is for the purpose of carrying out an authorised activity for the resource authority that is aerial surveying carried out at 1,000ft or more above land.\n- (a) private land has been entered to carry out authorised activities for a resource authority; or\n- (b) access land for a resource authority has been entered in the exercise of the access rights over the land.","sortOrder":77},{"sectionNumber":"ch.3-pt.2-div.6","sectionType":"division","heading":null,"content":"","sortOrder":78},{"sectionNumber":"sec.55","sectionType":"section","heading":null,"content":"### Section sec.55\n\ns 55 om 2019 No. 17 s 208","sortOrder":79},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Public land","content":"# Public land","sortOrder":80},{"sectionNumber":"ch.3-pt.3-div.1","sectionType":"division","heading":"Entry to public lands and particular uses of public roads","content":"## Entry to public lands and particular uses of public roads","sortOrder":81},{"sectionNumber":"sec.56","sectionType":"section","heading":"Application of division","content":"### sec.56 Application of division\n\nThis division applies for—\nan entry to public land; and\nthe use of a public road, other than a notifiable road use.\nFor the obligations of a resource authority holder for a notifiable road use, see division 2 .\nHowever, this division does not apply in relation to the following resource authorities under the Mineral Resources Act —\na prospecting permit;\na mining claim;\na mining lease.\ns 56 amd 2020 No. 14 s 218 sch 1\n(sec.56-ssec.1) This division applies for— an entry to public land; and the use of a public road, other than a notifiable road use. For the obligations of a resource authority holder for a notifiable road use, see division 2 .\n(sec.56-ssec.2) However, this division does not apply in relation to the following resource authorities under the Mineral Resources Act — a prospecting permit; a mining claim; a mining lease.\n- (a) an entry to public land; and\n- (b) the use of a public road, other than a notifiable road use. Note— For the obligations of a resource authority holder for a notifiable road use, see division 2 .\n- (a) a prospecting permit;\n- (b) a mining claim;\n- (c) a mining lease.","sortOrder":82},{"sectionNumber":"sec.57","sectionType":"section","heading":"What is a periodic entry notice","content":"### sec.57 What is a periodic entry notice\n\nA periodic entry notice is the first notice about an entry, or series of entries, to public land to carry out an authorised activity for a resource authority.\nA periodic entry notice must—\nstate the period (the entry period ) for which the resource authority holder, or any of the holder’s employees or agents, may enter the land to carry out the authorised activity; and\nbe given to the public land authority no less than the prescribed period before the start of the entry period; and\notherwise comply with the prescribed requirements for the notice.\nAn entry period can not be longer than the prescribed period applying for the entry unless the public land authority agrees in writing to a longer period.\nA periodic entry notice that does not comply with this section is invalid.\n(sec.57-ssec.1) A periodic entry notice is the first notice about an entry, or series of entries, to public land to carry out an authorised activity for a resource authority.\n(sec.57-ssec.2) A periodic entry notice must— state the period (the entry period ) for which the resource authority holder, or any of the holder’s employees or agents, may enter the land to carry out the authorised activity; and be given to the public land authority no less than the prescribed period before the start of the entry period; and otherwise comply with the prescribed requirements for the notice.\n(sec.57-ssec.3) An entry period can not be longer than the prescribed period applying for the entry unless the public land authority agrees in writing to a longer period.\n(sec.57-ssec.4) A periodic entry notice that does not comply with this section is invalid.\n- (a) state the period (the entry period ) for which the resource authority holder, or any of the holder’s employees or agents, may enter the land to carry out the authorised activity; and\n- (b) be given to the public land authority no less than the prescribed period before the start of the entry period; and\n- (c) otherwise comply with the prescribed requirements for the notice.","sortOrder":83},{"sectionNumber":"sec.58","sectionType":"section","heading":"Entry to public land to carry out authorised activity is conditional","content":"### sec.58 Entry to public land to carry out authorised activity is conditional\n\nA person must not enter public land to carry out an authorised activity for a resource authority unless—\nthe activity is an activity that may be carried out by a member of the public without requiring specific approval of the public land authority for the land; or\ntravelling on a public road in the area of the resource authority\nthe public land authority for the land has given a waiver of entry notice for the entry; or\nthe entry is made in compliance with a periodic entry notice given by the resource authority holder to the public land authority for the land under section 57 ; or\nthe entry is needed to preserve life or property or because of an emergency that exists, or may exist.\nMaximum penalty—100 penalty units.\nA person may comply with subsection (1) (b) or (c) despite merely being an applicant for the resource authority at the time of giving the notice.\n(sec.58-ssec.1) A person must not enter public land to carry out an authorised activity for a resource authority unless— the activity is an activity that may be carried out by a member of the public without requiring specific approval of the public land authority for the land; or travelling on a public road in the area of the resource authority the public land authority for the land has given a waiver of entry notice for the entry; or the entry is made in compliance with a periodic entry notice given by the resource authority holder to the public land authority for the land under section 57 ; or the entry is needed to preserve life or property or because of an emergency that exists, or may exist. Maximum penalty—100 penalty units.\n(sec.58-ssec.2) A person may comply with subsection (1) (b) or (c) despite merely being an applicant for the resource authority at the time of giving the notice.\n- (a) the activity is an activity that may be carried out by a member of the public without requiring specific approval of the public land authority for the land; or Example— travelling on a public road in the area of the resource authority\n- (b) the public land authority for the land has given a waiver of entry notice for the entry; or\n- (c) the entry is made in compliance with a periodic entry notice given by the resource authority holder to the public land authority for the land under section 57 ; or\n- (d) the entry is needed to preserve life or property or because of an emergency that exists, or may exist.","sortOrder":84},{"sectionNumber":"sec.59","sectionType":"section","heading":"Conditions public land authority may impose","content":"### sec.59 Conditions public land authority may impose\n\nThis section applies if a resource authority holder gives a public land authority a periodic entry notice about an entry to public land to carry out an authorised activity for the resource authority.\nThe public land authority may, for the entry period stated in the notice, impose reasonable and relevant conditions on the resource authority holder about the entry to the public land or the carrying out of the authorised activity.\nThe conditions may, for example, be about—\ngiving the public land authority, at stated intervals, notice of particular activities being carried out on the land by or for the holder; or\naffecting other owners and occupiers of the public land.\nHowever, if the public land authority imposes a condition about giving the authority further notice of subsequent entries made during the entry period, the condition must require the notice be given—\ngenerally—at least 2 business days before the entry; or\nif the holder and the public land authority have agreed to a longer or shorter period for giving the notice—within the agreed period.\nThe public land authority can not impose a condition for a resource authority or its relevant environmental authority that is—\nthe same as a condition already applying to the authority; or\nsubstantially the same as a condition already applying to the authority; or\ninconsistent with a condition already applying to the authority.\nHowever, if the public land authority is the chief executive of the department in which the Nature Conservation Act 1992 is administered, that chief executive may impose a condition more stringent than the environmental authority’s conditions.\nThe public land authority may vary any condition it imposes if the condition would otherwise be inconsistent with the requirements under subsection (5) .\nIf the public land authority decides—\nto impose a condition, other than a condition agreed to or requested by the resource authority holder; or\nto vary a condition, other than a variation agreed to or requested by the resource authority holder;\nit must give the holder an information notice about the decision.\nThe resource authority holder must comply with the conditions imposed by the public land authority.\nMaximum penalty for subsection (9) —100 penalty units.\nIn this section—\nentry period , for a periodic entry notice, see section 57 (2) .\n(sec.59-ssec.1) This section applies if a resource authority holder gives a public land authority a periodic entry notice about an entry to public land to carry out an authorised activity for the resource authority.\n(sec.59-ssec.2) The public land authority may, for the entry period stated in the notice, impose reasonable and relevant conditions on the resource authority holder about the entry to the public land or the carrying out of the authorised activity.\n(sec.59-ssec.3) The conditions may, for example, be about— giving the public land authority, at stated intervals, notice of particular activities being carried out on the land by or for the holder; or affecting other owners and occupiers of the public land.\n(sec.59-ssec.4) However, if the public land authority imposes a condition about giving the authority further notice of subsequent entries made during the entry period, the condition must require the notice be given— generally—at least 2 business days before the entry; or if the holder and the public land authority have agreed to a longer or shorter period for giving the notice—within the agreed period.\n(sec.59-ssec.5) The public land authority can not impose a condition for a resource authority or its relevant environmental authority that is— the same as a condition already applying to the authority; or substantially the same as a condition already applying to the authority; or inconsistent with a condition already applying to the authority.\n(sec.59-ssec.6) However, if the public land authority is the chief executive of the department in which the Nature Conservation Act 1992 is administered, that chief executive may impose a condition more stringent than the environmental authority’s conditions.\n(sec.59-ssec.7) The public land authority may vary any condition it imposes if the condition would otherwise be inconsistent with the requirements under subsection (5) .\n(sec.59-ssec.8) If the public land authority decides— to impose a condition, other than a condition agreed to or requested by the resource authority holder; or to vary a condition, other than a variation agreed to or requested by the resource authority holder; it must give the holder an information notice about the decision.\n(sec.59-ssec.9) The resource authority holder must comply with the conditions imposed by the public land authority. Maximum penalty for subsection (9) —100 penalty units.\n(sec.59-ssec.10) In this section— entry period , for a periodic entry notice, see section 57 (2) .\n- (a) giving the public land authority, at stated intervals, notice of particular activities being carried out on the land by or for the holder; or\n- (b) affecting other owners and occupiers of the public land.\n- (a) generally—at least 2 business days before the entry; or\n- (b) if the holder and the public land authority have agreed to a longer or shorter period for giving the notice—within the agreed period.\n- (a) the same as a condition already applying to the authority; or\n- (b) substantially the same as a condition already applying to the authority; or\n- (c) inconsistent with a condition already applying to the authority.\n- (a) to impose a condition, other than a condition agreed to or requested by the resource authority holder; or\n- (b) to vary a condition, other than a variation agreed to or requested by the resource authority holder;","sortOrder":85},{"sectionNumber":"sec.60","sectionType":"section","heading":"Right to give waiver of entry notice","content":"### sec.60 Right to give waiver of entry notice\n\nA public land authority for land may give a waiver of entry notice for an entry made to the land to carry out an authorised activity for a resource authority.\nA waiver of an entry notice—\nis invalid if it does not comply with the prescribed requirements for the notice; and\ncan not be withdrawn during the notified period; and\nceases to have effect at the end of the notified period.\nIn this section—\nnotified period , for a waiver of entry notice, means the period stated in the notice as the period during which the land may be entered.\n(sec.60-ssec.1) A public land authority for land may give a waiver of entry notice for an entry made to the land to carry out an authorised activity for a resource authority.\n(sec.60-ssec.2) A waiver of an entry notice— is invalid if it does not comply with the prescribed requirements for the notice; and can not be withdrawn during the notified period; and ceases to have effect at the end of the notified period.\n(sec.60-ssec.3) In this section— notified period , for a waiver of entry notice, means the period stated in the notice as the period during which the land may be entered.\n- (a) is invalid if it does not comply with the prescribed requirements for the notice; and\n- (b) can not be withdrawn during the notified period; and\n- (c) ceases to have effect at the end of the notified period.","sortOrder":86},{"sectionNumber":"ch.3-pt.3-div.2","sectionType":"division","heading":"Notifiable road use","content":"## Notifiable road use","sortOrder":87},{"sectionNumber":"sec.61","sectionType":"section","heading":"Application of division","content":"### sec.61 Application of division\n\nThis division applies to the use of a public road if the use is a notifiable road use.\ns 61 amd 2020 No. 14 s 218 sch 1","sortOrder":88},{"sectionNumber":"sec.62","sectionType":"section","heading":"What is a notifiable road use","content":"### sec.62 What is a notifiable road use\n\nA notifiable road use , of a public road, is the use of the road as prescribed by regulation.\ns 62 amd 2016 No. 30 s 114 sch 1","sortOrder":89},{"sectionNumber":"sec.63","sectionType":"section","heading":"Use of public roads for notifiable road use","content":"### sec.63 Use of public roads for notifiable road use\n\nA resource authority holder must not use a public road for a notifiable road use unless—\nthe holder has given the public road authority for the road a notice, complying with the prescribed requirements, that the holder proposes to carry out the use; and\n1 of the following applies—\nthe holder and the relevant public road authority have signed a compensation agreement for the use;\nthe public road authority has given written consent to the carrying out of the use;\nan application has been made under section 100 to decide the holder’s compensation liability to the public road authority relating to the road.\nA requirement of a resource authority holder under subsection (1) is taken to be a condition of the resource authority.\n(sec.63-ssec.1) A resource authority holder must not use a public road for a notifiable road use unless— the holder has given the public road authority for the road a notice, complying with the prescribed requirements, that the holder proposes to carry out the use; and 1 of the following applies— the holder and the relevant public road authority have signed a compensation agreement for the use; the public road authority has given written consent to the carrying out of the use; an application has been made under section 100 to decide the holder’s compensation liability to the public road authority relating to the road.\n(sec.63-ssec.2) A requirement of a resource authority holder under subsection (1) is taken to be a condition of the resource authority.\n- (a) the holder has given the public road authority for the road a notice, complying with the prescribed requirements, that the holder proposes to carry out the use; and\n- (b) 1 of the following applies— (i) the holder and the relevant public road authority have signed a compensation agreement for the use; (ii) the public road authority has given written consent to the carrying out of the use; (iii) an application has been made under section 100 to decide the holder’s compensation liability to the public road authority relating to the road.\n- (i) the holder and the relevant public road authority have signed a compensation agreement for the use;\n- (ii) the public road authority has given written consent to the carrying out of the use;\n- (iii) an application has been made under section 100 to decide the holder’s compensation liability to the public road authority relating to the road.\n- (i) the holder and the relevant public road authority have signed a compensation agreement for the use;\n- (ii) the public road authority has given written consent to the carrying out of the use;\n- (iii) an application has been made under section 100 to decide the holder’s compensation liability to the public road authority relating to the road.","sortOrder":90},{"sectionNumber":"sec.64","sectionType":"section","heading":"Directions about notifiable road use","content":"### sec.64 Directions about notifiable road use\n\nThe public road authority for a public road may, by written notice, give a resource authority holder a reasonable direction (a road use direction ) about the way the holder may use the road for a notifiable road use.\nwhen the road may be used\nthe route for the movement of heavy vehicles\nsafety precautions the holder must take\nThe road use direction may also require the holder to—\ncarry out an assessment of the impacts likely to arise from a notifiable road use the subject of the notice; and\nconsult with the public road authority in carrying out the assessment.\nHowever—\nan assessment can not be required if the notifiable road use is transport relating to a seismic survey or drilling activity; and\nthe public road authority can not require an assessment of an impact to the extent it has already been assessed under an EIS under the Environmental Protection Act or a similar document under another Act.\nA road use direction is invalid—\nto the extent it is about more than the following matters—\npreserving the condition of the road;\nthe safety of road users or the public; and\nif it is not accompanied by, or does not include, an information notice about the decision to give the direction.\nCompliance with a road use direction given to a resource authority holder is taken to be a condition of the resource authority.\n(sec.64-ssec.1) The public road authority for a public road may, by written notice, give a resource authority holder a reasonable direction (a road use direction ) about the way the holder may use the road for a notifiable road use. when the road may be used the route for the movement of heavy vehicles safety precautions the holder must take\n(sec.64-ssec.2) The road use direction may also require the holder to— carry out an assessment of the impacts likely to arise from a notifiable road use the subject of the notice; and consult with the public road authority in carrying out the assessment.\n(sec.64-ssec.3) However— an assessment can not be required if the notifiable road use is transport relating to a seismic survey or drilling activity; and the public road authority can not require an assessment of an impact to the extent it has already been assessed under an EIS under the Environmental Protection Act or a similar document under another Act.\n(sec.64-ssec.4) A road use direction is invalid— to the extent it is about more than the following matters— preserving the condition of the road; the safety of road users or the public; and if it is not accompanied by, or does not include, an information notice about the decision to give the direction.\n(sec.64-ssec.5) Compliance with a road use direction given to a resource authority holder is taken to be a condition of the resource authority.\n- • when the road may be used\n- • the route for the movement of heavy vehicles\n- • safety precautions the holder must take\n- (a) carry out an assessment of the impacts likely to arise from a notifiable road use the subject of the notice; and\n- (b) consult with the public road authority in carrying out the assessment.\n- (a) an assessment can not be required if the notifiable road use is transport relating to a seismic survey or drilling activity; and\n- (b) the public road authority can not require an assessment of an impact to the extent it has already been assessed under an EIS under the Environmental Protection Act or a similar document under another Act.\n- (a) to the extent it is about more than the following matters— (i) preserving the condition of the road; (ii) the safety of road users or the public; and\n- (i) preserving the condition of the road;\n- (ii) the safety of road users or the public; and\n- (b) if it is not accompanied by, or does not include, an information notice about the decision to give the direction.\n- (i) preserving the condition of the road;\n- (ii) the safety of road users or the public; and","sortOrder":91},{"sectionNumber":"sec.65","sectionType":"section","heading":"Exemptions from div 2","content":"### sec.65 Exemptions from div 2\n\nA resource authority or a project may be prescribed by regulation as being exempt from some or all of the provisions of this division.\nAn exemption prescribed under subsection (1) may include conditions that must be complied with for the exemption to apply.\ns 65 amd 2016 No. 30 s 114 sch 1\n(sec.65-ssec.1) A resource authority or a project may be prescribed by regulation as being exempt from some or all of the provisions of this division.\n(sec.65-ssec.2) An exemption prescribed under subsection (1) may include conditions that must be complied with for the exemption to apply.","sortOrder":92},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Restricted land","content":"# Restricted land","sortOrder":93},{"sectionNumber":"ch.3-pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":94},{"sectionNumber":"sec.66","sectionType":"section","heading":"Application of part","content":"### sec.66 Application of part\n\nThis part is additional to, and does not limit, parts 2 and 3 .\ns 66 amd 2016 No. 30 s 5 ; 2020 No. 14 s 218 sch 1","sortOrder":95},{"sectionNumber":"sec.67","sectionType":"section","heading":"Definitions for part","content":"### sec.67 Definitions for part\n\nIn this part—\nprescribed activity , for a resource authority—\nmeans an authorised activity for the resource authority that is carried out—\non the surface of land; or\nbelow the surface of land in a way that is likely to cause an impact on the surface of the land, including, for example, subsidence of the land; and\ndoes not include—\nthe installation of an underground pipeline or cable if the installation, including the placing of backfill, is completed within 30 days after the start of the installation; or\nthe operation, maintenance or decommissioning of an underground pipeline or cable; or\nan activity that may be carried out on land by a member of the public without requiring specific approval of an entity; or\ntravelling on a public road in the area of a resource authority\ncrossing land in order to enter the area of the resource authority if the only entry to the area is through the land and—\neach owner and occupier of the land has agreed in writing to the resource authority holder crossing the land; or\nif an owner or occupier of the land has refused to agree to the resource authority holder crossing the land—the refusal is unreasonable having regard to the matters mentioned in section 49 (2) and (3) ; or\nan activity prescribed by regulation.\ns 67 def prescribed activity amd 2016 No. 30 s 6 (1)\nprescribed distance ...\ns 67 def prescribed distance om 2016 No. 30 s 6 (2)\nrelevant owner or occupier , for restricted land for a resource authority, see section 69 .\nrestricted land , for a resource authority, see section 68 .\ns 67 amd 2020 No. 14 s 218 sch 1\n- (a) means an authorised activity for the resource authority that is carried out— (i) on the surface of land; or (ii) below the surface of land in a way that is likely to cause an impact on the surface of the land, including, for example, subsidence of the land; and\n- (i) on the surface of land; or\n- (ii) below the surface of land in a way that is likely to cause an impact on the surface of the land, including, for example, subsidence of the land; and\n- (b) does not include— (i) the installation of an underground pipeline or cable if the installation, including the placing of backfill, is completed within 30 days after the start of the installation; or (ii) the operation, maintenance or decommissioning of an underground pipeline or cable; or (iii) an activity that may be carried out on land by a member of the public without requiring specific approval of an entity; or Example— travelling on a public road in the area of a resource authority (iv) crossing land in order to enter the area of the resource authority if the only entry to the area is through the land and— (A) each owner and occupier of the land has agreed in writing to the resource authority holder crossing the land; or (B) if an owner or occupier of the land has refused to agree to the resource authority holder crossing the land—the refusal is unreasonable having regard to the matters mentioned in section 49 (2) and (3) ; or (v) an activity prescribed by regulation.\n- (i) the installation of an underground pipeline or cable if the installation, including the placing of backfill, is completed within 30 days after the start of the installation; or\n- (ii) the operation, maintenance or decommissioning of an underground pipeline or cable; or\n- (iii) an activity that may be carried out on land by a member of the public without requiring specific approval of an entity; or\n- (iv) crossing land in order to enter the area of the resource authority if the only entry to the area is through the land and— (A) each owner and occupier of the land has agreed in writing to the resource authority holder crossing the land; or (B) if an owner or occupier of the land has refused to agree to the resource authority holder crossing the land—the refusal is unreasonable having regard to the matters mentioned in section 49 (2) and (3) ; or\n- (A) each owner and occupier of the land has agreed in writing to the resource authority holder crossing the land; or\n- (B) if an owner or occupier of the land has refused to agree to the resource authority holder crossing the land—the refusal is unreasonable having regard to the matters mentioned in section 49 (2) and (3) ; or\n- (v) an activity prescribed by regulation.\n- (i) on the surface of land; or\n- (ii) below the surface of land in a way that is likely to cause an impact on the surface of the land, including, for example, subsidence of the land; and\n- (i) the installation of an underground pipeline or cable if the installation, including the placing of backfill, is completed within 30 days after the start of the installation; or\n- (ii) the operation, maintenance or decommissioning of an underground pipeline or cable; or\n- (iii) an activity that may be carried out on land by a member of the public without requiring specific approval of an entity; or\n- (iv) crossing land in order to enter the area of the resource authority if the only entry to the area is through the land and— (A) each owner and occupier of the land has agreed in writing to the resource authority holder crossing the land; or (B) if an owner or occupier of the land has refused to agree to the resource authority holder crossing the land—the refusal is unreasonable having regard to the matters mentioned in section 49 (2) and (3) ; or\n- (A) each owner and occupier of the land has agreed in writing to the resource authority holder crossing the land; or\n- (B) if an owner or occupier of the land has refused to agree to the resource authority holder crossing the land—the refusal is unreasonable having regard to the matters mentioned in section 49 (2) and (3) ; or\n- (v) an activity prescribed by regulation.\n- (A) each owner and occupier of the land has agreed in writing to the resource authority holder crossing the land; or\n- (B) if an owner or occupier of the land has refused to agree to the resource authority holder crossing the land—the refusal is unreasonable having regard to the matters mentioned in section 49 (2) and (3) ; or","sortOrder":96},{"sectionNumber":"sec.68","sectionType":"section","heading":"What is restricted land","content":"### sec.68 What is restricted land\n\nRestricted land , for a production resource authority or exploration resource authority, means—\nland within 200m laterally of any of the following—\na permanent building used for any of the following purposes—\na residence;\na childcare centre, hospital or library;\na community, sporting or recreational purpose or as a place of worship;\na business;\nan area used for any of the following purposes—\na school;\na prescribed ERA, under the Environmental Protection Act , that is aquaculture, intensive animal feedlotting, pig keeping or poultry farming;\nan area, building or structure prescribed by regulation; or\nland within 50m laterally of any of the following—\nan area used for any of the following purposes—\nan artesian well, bore, dam or water storage facility;\na principal stockyard;\na cemetery or burial place;\nan area, building or structure prescribed by regulation.\nRestricted land , for a resource authority other than a production resource authority or exploration resource authority, means land within 50m laterally of any area, building or structure mentioned in subsection (1) .\nHowever, despite subsection (1) , land is only restricted land for a production resource authority if the use of the area, building or structure mentioned in the subsection started before the application for the resource authority was made.\nIn this section—\nexploration resource authority means a resource authority that is—\nan exploration permit or mineral development licence under the Mineral Resources Act ; or\nan authority to prospect under the P&G Act ; or\nan authority to prospect under the 1923 Act ; or\na geothermal exploration permit under the Geothermal Act ; or\na GHG exploration permit under the Greenhouse Gas Act .\nplace of worship means a place used for the public religious activities of a religious association, including, for example, the charitable, educational and social activities of the association.\nproduction resource authority means a resource authority that is—\nany of the following under the Mineral Resources Act —\na mining claim;\na mining lease; or\nany of the following under the P&G Act —\na petroleum lease;\na pipeline licence;\na petroleum facility licence; or\na lease under the 1923 Act ; or\na geothermal production lease under the Geothermal Act ; or\na GHG injection and storage lease under the Greenhouse Gas Act .\nwater storage facility —\nmeans an artificially constructed water storage facility that is connected to a water supply; and\ndoes not include an interconnecting water pipeline.\ns 68 amd 2016 No. 30 s 7\n(sec.68-ssec.1) Restricted land , for a production resource authority or exploration resource authority, means— land within 200m laterally of any of the following— a permanent building used for any of the following purposes— a residence; a childcare centre, hospital or library; a community, sporting or recreational purpose or as a place of worship; a business; an area used for any of the following purposes— a school; a prescribed ERA, under the Environmental Protection Act , that is aquaculture, intensive animal feedlotting, pig keeping or poultry farming; an area, building or structure prescribed by regulation; or land within 50m laterally of any of the following— an area used for any of the following purposes— an artesian well, bore, dam or water storage facility; a principal stockyard; a cemetery or burial place; an area, building or structure prescribed by regulation.\n(sec.68-ssec.2) Restricted land , for a resource authority other than a production resource authority or exploration resource authority, means land within 50m laterally of any area, building or structure mentioned in subsection (1) .\n(sec.68-ssec.3) However, despite subsection (1) , land is only restricted land for a production resource authority if the use of the area, building or structure mentioned in the subsection started before the application for the resource authority was made.\n(sec.68-ssec.4) In this section— exploration resource authority means a resource authority that is— an exploration permit or mineral development licence under the Mineral Resources Act ; or an authority to prospect under the P&G Act ; or an authority to prospect under the 1923 Act ; or a geothermal exploration permit under the Geothermal Act ; or a GHG exploration permit under the Greenhouse Gas Act . place of worship means a place used for the public religious activities of a religious association, including, for example, the charitable, educational and social activities of the association. production resource authority means a resource authority that is— any of the following under the Mineral Resources Act — a mining claim; a mining lease; or any of the following under the P&G Act — a petroleum lease; a pipeline licence; a petroleum facility licence; or a lease under the 1923 Act ; or a geothermal production lease under the Geothermal Act ; or a GHG injection and storage lease under the Greenhouse Gas Act . water storage facility — means an artificially constructed water storage facility that is connected to a water supply; and does not include an interconnecting water pipeline.\n- (a) land within 200m laterally of any of the following— (i) a permanent building used for any of the following purposes— (A) a residence; (B) a childcare centre, hospital or library; (C) a community, sporting or recreational purpose or as a place of worship; (D) a business; (ii) an area used for any of the following purposes— (A) a school; (B) a prescribed ERA, under the Environmental Protection Act , that is aquaculture, intensive animal feedlotting, pig keeping or poultry farming; (iii) an area, building or structure prescribed by regulation; or\n- (i) a permanent building used for any of the following purposes— (A) a residence; (B) a childcare centre, hospital or library; (C) a community, sporting or recreational purpose or as a place of worship; (D) a business;\n- (A) a residence;\n- (B) a childcare centre, hospital or library;\n- (C) a community, sporting or recreational purpose or as a place of worship;\n- (D) a business;\n- (ii) an area used for any of the following purposes— (A) a school; (B) a prescribed ERA, under the Environmental Protection Act , that is aquaculture, intensive animal feedlotting, pig keeping or poultry farming;\n- (A) a school;\n- (B) a prescribed ERA, under the Environmental Protection Act , that is aquaculture, intensive animal feedlotting, pig keeping or poultry farming;\n- (iii) an area, building or structure prescribed by regulation; or\n- (b) land within 50m laterally of any of the following— (i) an area used for any of the following purposes— (A) an artesian well, bore, dam or water storage facility; (B) a principal stockyard; (C) a cemetery or burial place; (ii) an area, building or structure prescribed by regulation.\n- (i) an area used for any of the following purposes— (A) an artesian well, bore, dam or water storage facility; (B) a principal stockyard; (C) a cemetery or burial place;\n- (A) an artesian well, bore, dam or water storage facility;\n- (B) a principal stockyard;\n- (C) a cemetery or burial place;\n- (ii) an area, building or structure prescribed by regulation.\n- (i) a permanent building used for any of the following purposes— (A) a residence; (B) a childcare centre, hospital or library; (C) a community, sporting or recreational purpose or as a place of worship; (D) a business;\n- (A) a residence;\n- (B) a childcare centre, hospital or library;\n- (C) a community, sporting or recreational purpose or as a place of worship;\n- (D) a business;\n- (ii) an area used for any of the following purposes— (A) a school; (B) a prescribed ERA, under the Environmental Protection Act , that is aquaculture, intensive animal feedlotting, pig keeping or poultry farming;\n- (A) a school;\n- (B) a prescribed ERA, under the Environmental Protection Act , that is aquaculture, intensive animal feedlotting, pig keeping or poultry farming;\n- (iii) an area, building or structure prescribed by regulation; or\n- (A) a residence;\n- (B) a childcare centre, hospital or library;\n- (C) a community, sporting or recreational purpose or as a place of worship;\n- (D) a business;\n- (A) a school;\n- (B) a prescribed ERA, under the Environmental Protection Act , that is aquaculture, intensive animal feedlotting, pig keeping or poultry farming;\n- (i) an area used for any of the following purposes— (A) an artesian well, bore, dam or water storage facility; (B) a principal stockyard; (C) a cemetery or burial place;\n- (A) an artesian well, bore, dam or water storage facility;\n- (B) a principal stockyard;\n- (C) a cemetery or burial place;\n- (ii) an area, building or structure prescribed by regulation.\n- (A) an artesian well, bore, dam or water storage facility;\n- (B) a principal stockyard;\n- (C) a cemetery or burial place;\n- (a) an exploration permit or mineral development licence under the Mineral Resources Act ; or\n- (b) an authority to prospect under the P&G Act ; or\n- (c) an authority to prospect under the 1923 Act ; or\n- (d) a geothermal exploration permit under the Geothermal Act ; or\n- (e) a GHG exploration permit under the Greenhouse Gas Act .\n- (a) any of the following under the Mineral Resources Act — • a mining claim; • a mining lease; or\n- • a mining claim;\n- • a mining lease; or\n- (b) any of the following under the P&G Act — • a petroleum lease; • a pipeline licence; • a petroleum facility licence; or\n- • a petroleum lease;\n- • a pipeline licence;\n- • a petroleum facility licence; or\n- (c) a lease under the 1923 Act ; or\n- (d) a geothermal production lease under the Geothermal Act ; or\n- (e) a GHG injection and storage lease under the Greenhouse Gas Act .\n- • a mining claim;\n- • a mining lease; or\n- • a petroleum lease;\n- • a pipeline licence;\n- • a petroleum facility licence; or\n- (a) means an artificially constructed water storage facility that is connected to a water supply; and\n- (b) does not include an interconnecting water pipeline.","sortOrder":97},{"sectionNumber":"sec.69","sectionType":"section","heading":"Who is a relevant owner or occupier","content":"### sec.69 Who is a relevant owner or occupier\n\nA relevant owner or occupier , for restricted land for a resource authority, is—\nfor restricted land mentioned in section 68 (1) (a) (i) —an owner or occupier of the permanent building; or\nfor restricted land mentioned in section 68 (1) (a) (ii) —an owner or occupier of the area; or\nfor restricted land mentioned in section 68 (1) (a) (iii) , (1) (b) or (2) —an owner or occupier of the area, building or structure.\ns 69 amd 2016 No. 30 s 8\n- (a) for restricted land mentioned in section 68 (1) (a) (i) —an owner or occupier of the permanent building; or\n- (b) for restricted land mentioned in section 68 (1) (a) (ii) —an owner or occupier of the area; or\n- (c) for restricted land mentioned in section 68 (1) (a) (iii) , (1) (b) or (2) —an owner or occupier of the area, building or structure.","sortOrder":98},{"sectionNumber":"ch.3-pt.4-div.2","sectionType":"division","heading":"Entry for particular authorised activities requires consent","content":"## Entry for particular authorised activities requires consent","sortOrder":99},{"sectionNumber":"sec.70","sectionType":"section","heading":"Consent required for entry on restricted land","content":"### sec.70 Consent required for entry on restricted land\n\nA person must not enter restricted land for a resource authority, to carry out a prescribed activity for the resource authority, unless each relevant owner or occupier for the restricted land has given written consent to the resource authority holder to carry out the activity.\nThe consent may be given on conditions.\nThe conditions of the consent are taken to be conditions of the resource authority.\nThe consent can not be withdrawn during the period stated in the consent as the period during which the holder may enter the land.\nThis section does not apply to restricted land for a mining claim or mining lease under the Mineral Resources Act .\ns 70 amd 2018 No. 24 s 36\n(sec.70-ssec.1) A person must not enter restricted land for a resource authority, to carry out a prescribed activity for the resource authority, unless each relevant owner or occupier for the restricted land has given written consent to the resource authority holder to carry out the activity.\n(sec.70-ssec.2) The consent may be given on conditions.\n(sec.70-ssec.3) The conditions of the consent are taken to be conditions of the resource authority.\n(sec.70-ssec.4) The consent can not be withdrawn during the period stated in the consent as the period during which the holder may enter the land.\n(sec.70-ssec.5) This section does not apply to restricted land for a mining claim or mining lease under the Mineral Resources Act .","sortOrder":100},{"sectionNumber":"sec.71","sectionType":"section","heading":null,"content":"### Section sec.71\n\ns 71 om 2016 No. 30 s 9","sortOrder":101},{"sectionNumber":"ch.3-pt.4-div.3","sectionType":"division","heading":"Land court declarations","content":"## Land court declarations","sortOrder":102},{"sectionNumber":"sec.72","sectionType":"section","heading":"Application to Land Court for declaration","content":"### sec.72 Application to Land Court for declaration\n\nA prescribed person may apply to the Land Court for an order declaring the following—\nwhether particular land is restricted land for a resource authority or the Mineral Resources Act , schedule 1 , section 2 ;\nwhether a particular activity is a prescribed activity for a resource authority.\nThe Land Court must—\nif an application is made under subsection (1) (a) —make an order declaring whether the land is restricted land for the resource authority or the Mineral Resources Act , schedule 1 , section 2 ; or\nif an application is made under subsection (1) (b) —make an order declaring whether the activity is a prescribed activity.\nThe Court may make the other orders the Court considers appropriate.\nIn this section—\nprescribed person , for land, means—\nan owner or occupier of the land; or\na holder of a resource authority for an area including the land; or\na person carrying out, or intending to carry out, an activity on the land under the Mineral Resources Act , section 386V .\ns 72 amd 2016 No. 30 s 11\n(sec.72-ssec.1) A prescribed person may apply to the Land Court for an order declaring the following— whether particular land is restricted land for a resource authority or the Mineral Resources Act , schedule 1 , section 2 ; whether a particular activity is a prescribed activity for a resource authority.\n(sec.72-ssec.2) The Land Court must— if an application is made under subsection (1) (a) —make an order declaring whether the land is restricted land for the resource authority or the Mineral Resources Act , schedule 1 , section 2 ; or if an application is made under subsection (1) (b) —make an order declaring whether the activity is a prescribed activity.\n(sec.72-ssec.3) The Court may make the other orders the Court considers appropriate.\n(sec.72-ssec.4) In this section— prescribed person , for land, means— an owner or occupier of the land; or a holder of a resource authority for an area including the land; or a person carrying out, or intending to carry out, an activity on the land under the Mineral Resources Act , section 386V .\n- (a) whether particular land is restricted land for a resource authority or the Mineral Resources Act , schedule 1 , section 2 ;\n- (b) whether a particular activity is a prescribed activity for a resource authority.\n- (a) if an application is made under subsection (1) (a) —make an order declaring whether the land is restricted land for the resource authority or the Mineral Resources Act , schedule 1 , section 2 ; or\n- (b) if an application is made under subsection (1) (b) —make an order declaring whether the activity is a prescribed activity.\n- (a) an owner or occupier of the land; or\n- (b) a holder of a resource authority for an area including the land; or\n- (c) a person carrying out, or intending to carry out, an activity on the land under the Mineral Resources Act , section 386V .","sortOrder":103},{"sectionNumber":"ch.3-pt.4A","sectionType":"part","heading":"Rehabilitation and environmental management","content":"# Rehabilitation and environmental management","sortOrder":104},{"sectionNumber":"sec.72A","sectionType":"section","heading":"Application of part","content":"### sec.72A Application of part\n\nThis part applies in relation to all resource authorities.\ns 72A ins 2019 No. 17 s 209","sortOrder":105},{"sectionNumber":"sec.72B","sectionType":"section","heading":"Right of access for authorised activities includes access for rehabilitation and environmental management","content":"### sec.72B Right of access for authorised activities includes access for rehabilitation and environmental management\n\nThis section applies if—\nunder part 2 or 3 , the holder of a resource authority has the right to enter private land or public land to carry out authorised activities for the resource authority; or\nunder the Mineral Resources Act , the holder of a prospecting permit, mining claim or mining lease has the right to enter land to carry out authorised activities for the resource authority.\nThe right includes a right to enter the land to carry out rehabilitation or environmental management required of the holder under any relevant environmental requirement under the Environmental Protection Act .\ns 72B ins 2019 No. 17 s 209\n(sec.72B-ssec.1) This section applies if— under part 2 or 3 , the holder of a resource authority has the right to enter private land or public land to carry out authorised activities for the resource authority; or under the Mineral Resources Act , the holder of a prospecting permit, mining claim or mining lease has the right to enter land to carry out authorised activities for the resource authority.\n(sec.72B-ssec.2) The right includes a right to enter the land to carry out rehabilitation or environmental management required of the holder under any relevant environmental requirement under the Environmental Protection Act .\n- (a) under part 2 or 3 , the holder of a resource authority has the right to enter private land or public land to carry out authorised activities for the resource authority; or\n- (b) under the Mineral Resources Act , the holder of a prospecting permit, mining claim or mining lease has the right to enter land to carry out authorised activities for the resource authority.","sortOrder":106},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"Other resource authorities’ authorised areas","content":"# Other resource authorities’ authorised areas","sortOrder":107},{"sectionNumber":"sec.73","sectionType":"section","heading":"Application of part","content":"### sec.73 Application of part\n\nThis part applies for a resource authority (the first resource authority ) in relation to entry to land that is—\noutside its authorised area; and\nin the authorised area of another resource authority (the second resource authority ).\nHowever, this part does not apply if the first resource authority is any of the following resource authorities under the Mineral Resources Act —\na prospecting permit;\na mining claim;\na mining lease.\nIf the land is also private land or public land (including restricted land), this part applies in addition to any obligations under part 2 , 3 or 4 .\ns 73 amd 2020 No. 14 s 218 sch 1\n(sec.73-ssec.1) This part applies for a resource authority (the first resource authority ) in relation to entry to land that is— outside its authorised area; and in the authorised area of another resource authority (the second resource authority ).\n(sec.73-ssec.2) However, this part does not apply if the first resource authority is any of the following resource authorities under the Mineral Resources Act — a prospecting permit; a mining claim; a mining lease.\n(sec.73-ssec.3) If the land is also private land or public land (including restricted land), this part applies in addition to any obligations under part 2 , 3 or 4 .\n- (a) outside its authorised area; and\n- (b) in the authorised area of another resource authority (the second resource authority ).\n- (a) a prospecting permit;\n- (b) a mining claim;\n- (c) a mining lease.","sortOrder":108},{"sectionNumber":"sec.74","sectionType":"section","heading":"Definitions for part","content":"### sec.74 Definitions for part\n\nIn this part—\nfirst resource authority , for chapter 3 part 5 , see section 73 (1) .\nsecond resource authority , for chapter 3 , part 5 , see section 73 (1) (b) .\ns 74 amd 2020 No. 14 s 218 sch 1","sortOrder":109},{"sectionNumber":"sec.75","sectionType":"section","heading":"Access if second resource authority is a lease","content":"### sec.75 Access if second resource authority is a lease\n\nIf the second resource authority is a lease, the first resource authority holder may enter the land only if the second resource authority holder has consented in writing to the entry.","sortOrder":110},{"sectionNumber":"sec.76","sectionType":"section","heading":"Access if second resource authority is not a lease","content":"### sec.76 Access if second resource authority is not a lease\n\nIf the second resource authority is not a lease, the first resource authority holder may do the following without the second resource authority holder’s consent—\ncross the land if it is reasonably necessary to allow the first resource authority holder to enter the first resource authority’s authorised area;\ncarry out activities on the land that are reasonably necessary to allow the crossing of the land.\nHowever, a right under subsection (1) may be exercised only if its exercise does not adversely affect the carrying out of an authorised activity for the second resource authority.\nSubsection (2) applies whether or not the authorised activity has already started.\n(sec.76-ssec.1) If the second resource authority is not a lease, the first resource authority holder may do the following without the second resource authority holder’s consent— cross the land if it is reasonably necessary to allow the first resource authority holder to enter the first resource authority’s authorised area; carry out activities on the land that are reasonably necessary to allow the crossing of the land.\n(sec.76-ssec.2) However, a right under subsection (1) may be exercised only if its exercise does not adversely affect the carrying out of an authorised activity for the second resource authority.\n(sec.76-ssec.3) Subsection (2) applies whether or not the authorised activity has already started.\n- (a) cross the land if it is reasonably necessary to allow the first resource authority holder to enter the first resource authority’s authorised area;\n- (b) carry out activities on the land that are reasonably necessary to allow the crossing of the land.","sortOrder":111},{"sectionNumber":"ch.3-pt.6","sectionType":"part","heading":"Enduring effect of particular agreements, notices and waivers","content":"# Enduring effect of particular agreements, notices and waivers","sortOrder":112},{"sectionNumber":"sec.77","sectionType":"section","heading":"Access agreements, entry notices and waivers not affected by dealing","content":"### sec.77 Access agreements, entry notices and waivers not affected by dealing\n\nA dealing in relation to a resource authority does not affect any of the following—\nan access agreement made in relation to the resource authority;\nan entry notice given for the resource authority;\na waiver of entry notice made for the resource authority.\n- (a) an access agreement made in relation to the resource authority;\n- (b) an entry notice given for the resource authority;\n- (c) a waiver of entry notice made for the resource authority.","sortOrder":113},{"sectionNumber":"sec.78","sectionType":"section","heading":"Entry notice and waivers not affected by change in ownership or occupancy","content":"### sec.78 Entry notice and waivers not affected by change in ownership or occupancy\n\nIf, after the giving of an entry notice under section 39 , the ownership or occupancy of the affected land changes, the resource authority holder for which the entry notice was given is taken to have given that notice to each new owner or occupier of the land.\nIf, after the giving of a waiver of entry notice, the ownership or occupancy of the affected land changes, each new owner or occupier of the land is taken to have given that waiver of entry notice.\nHowever, subsections (1) and (2) cease to apply for an entry notice or waiver of entry notice if the resource authority holder becomes aware of a new owner or occupier for the affected land and the holder does not give the new owner or occupier a copy of the notice or waiver within 15 business days.\n(sec.78-ssec.1) If, after the giving of an entry notice under section 39 , the ownership or occupancy of the affected land changes, the resource authority holder for which the entry notice was given is taken to have given that notice to each new owner or occupier of the land.\n(sec.78-ssec.2) If, after the giving of a waiver of entry notice, the ownership or occupancy of the affected land changes, each new owner or occupier of the land is taken to have given that waiver of entry notice.\n(sec.78-ssec.3) However, subsections (1) and (2) cease to apply for an entry notice or waiver of entry notice if the resource authority holder becomes aware of a new owner or occupier for the affected land and the holder does not give the new owner or occupier a copy of the notice or waiver within 15 business days.","sortOrder":114},{"sectionNumber":"sec.79","sectionType":"section","heading":"Written access agreement binds successors and assigns","content":"### sec.79 Written access agreement binds successors and assigns\n\nA written access agreement binds the parties to the agreement, and each of their successors and assigns.\ns 79 amd 2018 No. 24 s 37","sortOrder":115},{"sectionNumber":"ch.3-pt.7","sectionType":"part","heading":"Compensation and negotiated access","content":"# Compensation and negotiated access","sortOrder":116},{"sectionNumber":"ch.3-pt.7-div.1","sectionType":"division","heading":"Compensation relating to private and public land","content":"## Compensation relating to private and public land","sortOrder":117},{"sectionNumber":"sec.80","sectionType":"section","heading":"Application of division","content":"### sec.80 Application of division\n\nThis division does not apply in relation to the following resource authorities under the Mineral Resources Act —\na prospecting permit;\na mining claim;\na mining lease.\ns 80 amd 2020 No. 14 s 218 sch 1\n- (a) a prospecting permit;\n- (b) a mining claim;\n- (c) a mining lease.","sortOrder":118},{"sectionNumber":"sec.81","sectionType":"section","heading":"General liability to compensate","content":"### sec.81 General liability to compensate\n\nA resource authority holder is liable to compensate the following persons (each an eligible claimant ) for each compensatable effect suffered by the eligible claimant because of the holder—\nan owner or occupier of private land that is—\nin the authorised area of the resource authority; or\naccess land for the resource authority;\nan owner or occupier of public land that is—\nin the authorised area of the resource authority; or\naccess land for the resource authority.\nThe resource authority holder’s liability to compensate an eligible claimant under subsection (1) is the resource authority holder’s compensation liability to the eligible claimant.\nThis section does not apply to a public road authority for a notifiable road use.\nIn this section—\ncompensatable effect , suffered by an eligible claimant because of a resource authority holder, means—\nany of the following caused by the holder, or a person authorised by the holder, carrying out authorised activities on the eligible claimant’s land—\ndeprivation of possession of the land’s surface;\ndiminution of the land’s value;\ndiminution of the use made, or that may be made, of the land or any improvement on it;\nseverance of any part of the land from other parts of the land or from other land that the eligible claimant owns;\nany cost, damage or loss arising from the carrying out of activities under the resource authority on the land; and\nconsequential loss incurred by the eligible claimant arising out of a matter mentioned in paragraph (a) .\ns 81 sub 2018 No. 24 s 38\n(sec.81-ssec.1) A resource authority holder is liable to compensate the following persons (each an eligible claimant ) for each compensatable effect suffered by the eligible claimant because of the holder— an owner or occupier of private land that is— in the authorised area of the resource authority; or access land for the resource authority; an owner or occupier of public land that is— in the authorised area of the resource authority; or access land for the resource authority.\n(sec.81-ssec.2) The resource authority holder’s liability to compensate an eligible claimant under subsection (1) is the resource authority holder’s compensation liability to the eligible claimant.\n(sec.81-ssec.3) This section does not apply to a public road authority for a notifiable road use.\n(sec.81-ssec.4) In this section— compensatable effect , suffered by an eligible claimant because of a resource authority holder, means— any of the following caused by the holder, or a person authorised by the holder, carrying out authorised activities on the eligible claimant’s land— deprivation of possession of the land’s surface; diminution of the land’s value; diminution of the use made, or that may be made, of the land or any improvement on it; severance of any part of the land from other parts of the land or from other land that the eligible claimant owns; any cost, damage or loss arising from the carrying out of activities under the resource authority on the land; and consequential loss incurred by the eligible claimant arising out of a matter mentioned in paragraph (a) .\n- (a) an owner or occupier of private land that is— (i) in the authorised area of the resource authority; or (ii) access land for the resource authority;\n- (i) in the authorised area of the resource authority; or\n- (ii) access land for the resource authority;\n- (b) an owner or occupier of public land that is— (i) in the authorised area of the resource authority; or (ii) access land for the resource authority.\n- (i) in the authorised area of the resource authority; or\n- (ii) access land for the resource authority.\n- (i) in the authorised area of the resource authority; or\n- (ii) access land for the resource authority;\n- (i) in the authorised area of the resource authority; or\n- (ii) access land for the resource authority.\n- (a) any of the following caused by the holder, or a person authorised by the holder, carrying out authorised activities on the eligible claimant’s land— (i) deprivation of possession of the land’s surface; (ii) diminution of the land’s value; (iii) diminution of the use made, or that may be made, of the land or any improvement on it; (iv) severance of any part of the land from other parts of the land or from other land that the eligible claimant owns; (v) any cost, damage or loss arising from the carrying out of activities under the resource authority on the land; and\n- (i) deprivation of possession of the land’s surface;\n- (ii) diminution of the land’s value;\n- (iii) diminution of the use made, or that may be made, of the land or any improvement on it;\n- (iv) severance of any part of the land from other parts of the land or from other land that the eligible claimant owns;\n- (v) any cost, damage or loss arising from the carrying out of activities under the resource authority on the land; and\n- (b) consequential loss incurred by the eligible claimant arising out of a matter mentioned in paragraph (a) .\n- (i) deprivation of possession of the land’s surface;\n- (ii) diminution of the land’s value;\n- (iii) diminution of the use made, or that may be made, of the land or any improvement on it;\n- (iv) severance of any part of the land from other parts of the land or from other land that the eligible claimant owns;\n- (v) any cost, damage or loss arising from the carrying out of activities under the resource authority on the land; and","sortOrder":119},{"sectionNumber":"ch.3-pt.7-div.2","sectionType":"division","heading":"Conduct and compensation agreements","content":"## Conduct and compensation agreements","sortOrder":120},{"sectionNumber":"sec.82","sectionType":"section","heading":"Application of division","content":"### sec.82 Application of division\n\nThis division does not apply in relation to the following resource authorities under the Mineral Resources Act —\na prospecting permit;\na mining claim;\na mining lease.\ns 82 amd 2020 No. 14 s 218 sch 1\n- (a) a prospecting permit;\n- (b) a mining claim;\n- (c) a mining lease.","sortOrder":121},{"sectionNumber":"sec.83","sectionType":"section","heading":"Conduct and compensation agreement","content":"### sec.83 Conduct and compensation agreement\n\nAn eligible claimant and a resource authority holder may enter into an agreement (a conduct and compensation agreement ) about—\nhow and when the holder may enter the land for which the eligible claimant is an eligible claimant; and\nhow authorised activities, to the extent they relate to the eligible claimant, must be carried out; and\nthe holder’s compensation liability to the claimant or any future compensation liability that the holder may have to the claimant.\nHowever, a conduct and compensation agreement can not be inconsistent with this Act, the relevant Resource Act, a condition of the resource authority or a mandatory provision of the relevant land access code, and is unenforceable to the extent of the inconsistency.\nA conduct and compensation agreement—\nmay relate to all or part of the liability or future liability; and\nmay be incorporated into another agreement.\nan easement\nA conduct and compensation agreement is invalid if it does not comply with the prescribed requirements for the agreement.\n(sec.83-ssec.1) An eligible claimant and a resource authority holder may enter into an agreement (a conduct and compensation agreement ) about— how and when the holder may enter the land for which the eligible claimant is an eligible claimant; and how authorised activities, to the extent they relate to the eligible claimant, must be carried out; and the holder’s compensation liability to the claimant or any future compensation liability that the holder may have to the claimant.\n(sec.83-ssec.2) However, a conduct and compensation agreement can not be inconsistent with this Act, the relevant Resource Act, a condition of the resource authority or a mandatory provision of the relevant land access code, and is unenforceable to the extent of the inconsistency.\n(sec.83-ssec.3) A conduct and compensation agreement— may relate to all or part of the liability or future liability; and may be incorporated into another agreement. an easement\n(sec.83-ssec.4) A conduct and compensation agreement is invalid if it does not comply with the prescribed requirements for the agreement.\n- (a) how and when the holder may enter the land for which the eligible claimant is an eligible claimant; and\n- (b) how authorised activities, to the extent they relate to the eligible claimant, must be carried out; and\n- (c) the holder’s compensation liability to the claimant or any future compensation liability that the holder may have to the claimant.\n- (a) may relate to all or part of the liability or future liability; and\n- (b) may be incorporated into another agreement. Example for paragraph (b) — an easement","sortOrder":122},{"sectionNumber":"sec.83A","sectionType":"section","heading":"Party may request conference","content":"### sec.83A Party may request conference\n\nThis section applies if a dispute arises about a matter mentioned in section 83 (1) (a) , (b) or (c) .\nEither the resource authority holder or eligible claimant (each a party ) may give a notice (a conference election notice ) to the other party requesting the other party to participate in a conference conducted by an authorised officer to seek to negotiate a resolution of the dispute.\nThe conference election notice must state—\ndetails of the matters the subject of the dispute; and\nany other information prescribed by regulation.\nHowever, a conference election notice may not be given under subsection (1) if an ADR election notice or arbitration election notice has already been given about the matters the subject of the dispute.\ns 83A ins 2018 No. 24 s 42\n(sec.83A-ssec.1) This section applies if a dispute arises about a matter mentioned in section 83 (1) (a) , (b) or (c) .\n(sec.83A-ssec.2) Either the resource authority holder or eligible claimant (each a party ) may give a notice (a conference election notice ) to the other party requesting the other party to participate in a conference conducted by an authorised officer to seek to negotiate a resolution of the dispute.\n(sec.83A-ssec.3) The conference election notice must state— details of the matters the subject of the dispute; and any other information prescribed by regulation.\n(sec.83A-ssec.4) However, a conference election notice may not be given under subsection (1) if an ADR election notice or arbitration election notice has already been given about the matters the subject of the dispute.\n- (a) details of the matters the subject of the dispute; and\n- (b) any other information prescribed by regulation.","sortOrder":123},{"sectionNumber":"sec.83B","sectionType":"section","heading":"Conduct of conference","content":"### sec.83B Conduct of conference\n\nThis section applies if a conference election notice is given under section 83A .\nThe conference must be conducted under the prescribed requirements.\nThe authorised officer conducting the conference must take all reasonable steps to hold the conference within 20 business days after the conference election notice is given (the usual period ).\nA party may, within the usual period, ask the other party for a longer period because of stated reasonable or unforeseen circumstances.\nIf the parties agree to a longer period, and the authorised officer consents to the longer period, the longer period applies instead of the usual period.\nIf a party gives the other party an ADR election notice, or arbitration election notice, about a matter mentioned in section 83A (3) (a) , the conference ends.\nNothing said by a person at the conference is admissible in evidence in a proceeding without the person’s consent.\ns 83B ins 2018 No. 24 s 42\n(sec.83B-ssec.1) This section applies if a conference election notice is given under section 83A .\n(sec.83B-ssec.2) The conference must be conducted under the prescribed requirements.\n(sec.83B-ssec.3) The authorised officer conducting the conference must take all reasonable steps to hold the conference within 20 business days after the conference election notice is given (the usual period ).\n(sec.83B-ssec.4) A party may, within the usual period, ask the other party for a longer period because of stated reasonable or unforeseen circumstances.\n(sec.83B-ssec.5) If the parties agree to a longer period, and the authorised officer consents to the longer period, the longer period applies instead of the usual period.\n(sec.83B-ssec.6) If a party gives the other party an ADR election notice, or arbitration election notice, about a matter mentioned in section 83A (3) (a) , the conference ends.\n(sec.83B-ssec.7) Nothing said by a person at the conference is admissible in evidence in a proceeding without the person’s consent.","sortOrder":124},{"sectionNumber":"sec.84","sectionType":"section","heading":"Notice of intent to negotiate","content":"### sec.84 Notice of intent to negotiate\n\nA resource authority holder may give an eligible claimant to whom the holder has a compensation liability a notice (the negotiation notice ) that the holder wishes to negotiate a conduct and compensation agreement or a deferral agreement with the eligible claimant.\nThe negotiation notice is invalid if it does not comply with the prescribed requirements for the notice.\n(sec.84-ssec.1) A resource authority holder may give an eligible claimant to whom the holder has a compensation liability a notice (the negotiation notice ) that the holder wishes to negotiate a conduct and compensation agreement or a deferral agreement with the eligible claimant.\n(sec.84-ssec.2) The negotiation notice is invalid if it does not comply with the prescribed requirements for the notice.","sortOrder":125},{"sectionNumber":"sec.85","sectionType":"section","heading":"Negotiations","content":"### sec.85 Negotiations\n\nOn the giving of the negotiation notice, the resource authority holder and the eligible claimant (the parties ) must use all reasonable endeavours to negotiate a conduct and compensation agreement or a deferral agreement.\nThe period of the negotiations—\nmust be at least for the prescribed period (the minimum negotiation period ); and\nmay continue for a longer period agreed to by the parties.\nIf the parties agree to a longer period, the agreed longer period is the minimum negotiation period.\nThe negotiations under this subdivision end if the parties enter into an opt-out agreement.\ns 85 amd 2016 No. 30 s 12 ; 2018 No. 24 s 44\n(sec.85-ssec.1) On the giving of the negotiation notice, the resource authority holder and the eligible claimant (the parties ) must use all reasonable endeavours to negotiate a conduct and compensation agreement or a deferral agreement.\n(sec.85-ssec.2) The period of the negotiations— must be at least for the prescribed period (the minimum negotiation period ); and may continue for a longer period agreed to by the parties.\n(sec.85-ssec.3) If the parties agree to a longer period, the agreed longer period is the minimum negotiation period.\n(sec.85-ssec.4) The negotiations under this subdivision end if the parties enter into an opt-out agreement.\n- (a) must be at least for the prescribed period (the minimum negotiation period ); and\n- (b) may continue for a longer period agreed to by the parties.","sortOrder":126},{"sectionNumber":"sec.86","sectionType":"section","heading":"No entry to land during minimum negotiation period","content":"### sec.86 No entry to land during minimum negotiation period\n\nIf, during the minimum negotiation period, the parties enter into a conduct and compensation agreement or a deferral agreement, the resource authority holder can not enter the relevant land to carry out advanced activities for the resource authority until the period ends.\nSubsection (1) applies despite the terms of the agreement.\ns 86 amd 2018 No. 24 s 45\n(sec.86-ssec.1) If, during the minimum negotiation period, the parties enter into a conduct and compensation agreement or a deferral agreement, the resource authority holder can not enter the relevant land to carry out advanced activities for the resource authority until the period ends.\n(sec.86-ssec.2) Subsection (1) applies despite the terms of the agreement.","sortOrder":127},{"sectionNumber":"sec.87","sectionType":"section","heading":"Cooling-off during minimum negotiation period","content":"### sec.87 Cooling-off during minimum negotiation period\n\nThis section applies if the parties enter into a conduct and compensation agreement or a deferral agreement during the minimum negotiation period.\nEither party may, within the minimum negotiation period, terminate the agreement by giving notice to the other party.\nOn the giving of a notice under subsection (2) , the terminated agreement is taken never to have had any effect.\nTo remove any doubt, it is declared that subsection (3) does not change the time when the negotiation notice was given.\n(sec.87-ssec.1) This section applies if the parties enter into a conduct and compensation agreement or a deferral agreement during the minimum negotiation period.\n(sec.87-ssec.2) Either party may, within the minimum negotiation period, terminate the agreement by giving notice to the other party.\n(sec.87-ssec.3) On the giving of a notice under subsection (2) , the terminated agreement is taken never to have had any effect.\n(sec.87-ssec.4) To remove any doubt, it is declared that subsection (3) does not change the time when the negotiation notice was given.","sortOrder":128},{"sectionNumber":"sec.88","sectionType":"section","heading":"Party may require ADR","content":"### sec.88 Party may require ADR\n\nThis section applies if, at the end of the minimum negotiation period, the parties have not entered into a conduct and compensation agreement relating to a dispute about a matter mentioned in section 83 (1) .\nEither party may give an ADR election notice requiring the other party to participate in ADR to seek to negotiate a resolution of the dispute.\nFor subsection (2) , the dispute is resolved by the parties entering into a conduct and compensation agreement.\nA party given an ADR election notice must, within 10 business days after the notice is given, accept or refuse the type of ADR, and the ADR facilitator, proposed in the notice.\nIf the party given an ADR election notice does not accept, under subsection (4) , the type of ADR or ADR facilitator proposed in the notice, the party giving the notice may make another proposal, or obtain a decision from the Land Court or a prescribed ADR institute, about the matter not accepted.\nIf a party obtains a decision under subsection (5) from the Land Court or a prescribed ADR institute, the party must give the other party notice of the decision.\nChapter 7A , part 1 , division 2 applies to the ADR.\ns 88 sub 2018 No. 24 s 46\namd 2024 No. 33 s 80\n(sec.88-ssec.1) This section applies if, at the end of the minimum negotiation period, the parties have not entered into a conduct and compensation agreement relating to a dispute about a matter mentioned in section 83 (1) .\n(sec.88-ssec.2) Either party may give an ADR election notice requiring the other party to participate in ADR to seek to negotiate a resolution of the dispute.\n(sec.88-ssec.3) For subsection (2) , the dispute is resolved by the parties entering into a conduct and compensation agreement.\n(sec.88-ssec.4) A party given an ADR election notice must, within 10 business days after the notice is given, accept or refuse the type of ADR, and the ADR facilitator, proposed in the notice.\n(sec.88-ssec.5) If the party given an ADR election notice does not accept, under subsection (4) , the type of ADR or ADR facilitator proposed in the notice, the party giving the notice may make another proposal, or obtain a decision from the Land Court or a prescribed ADR institute, about the matter not accepted.\n(sec.88-ssec.6) If a party obtains a decision under subsection (5) from the Land Court or a prescribed ADR institute, the party must give the other party notice of the decision.\n(sec.88-ssec.7) Chapter 7A , part 1 , division 2 applies to the ADR.","sortOrder":129},{"sectionNumber":"sec.89","sectionType":"section","heading":null,"content":"### Section sec.89\n\ns 89 sub 2018 No. 24 s 46\nom 2024 No. 33 s 81","sortOrder":130},{"sectionNumber":"sec.90","sectionType":"section","heading":null,"content":"### Section sec.90\n\ns 90 sub 2018 No. 24 s 46\nom 2024 No. 33 s 81","sortOrder":131},{"sectionNumber":"sec.91","sectionType":"section","heading":"Recovery of negotiation and preparation costs","content":"### sec.91 Recovery of negotiation and preparation costs\n\nThis section applies if an eligible claimant necessarily and reasonably incurs negotiation and preparation costs in entering or seeking to enter into a conduct and compensation agreement or deferral agreement with a resource authority holder.\nThe resource authority holder is liable to pay to the eligible claimant the negotiation and preparation costs necessarily and reasonably incurred.\ns 91 sub 2018 No. 24 s 46\n(sec.91-ssec.1) This section applies if an eligible claimant necessarily and reasonably incurs negotiation and preparation costs in entering or seeking to enter into a conduct and compensation agreement or deferral agreement with a resource authority holder.\n(sec.91-ssec.2) The resource authority holder is liable to pay to the eligible claimant the negotiation and preparation costs necessarily and reasonably incurred.","sortOrder":132},{"sectionNumber":"sec.91A","sectionType":"section","heading":"Party may request arbitration","content":"### sec.91A Party may request arbitration\n\nThis section applies if—\na party has given a negotiation notice under section 84 to another party seeking to negotiate the resolution of a dispute and at the end of the minimum negotiation period, the parties have not negotiated a conduct and compensation agreement or deferral agreement; or\na party has given an ADR election notice under section 88 to another party seeking to negotiate the resolution of a dispute and at the end of the ADR period for the ADR, the parties have not entered into a conduct and compensation agreement.\nEither party may give an arbitration election notice to the other party requesting the other party to participate in an arbitration to decide the dispute.\nA party given an arbitration election notice must, within 15 business days after the notice is given, accept or refuse the request for arbitration.\nIf a party given an arbitration election notice does not accept the request for arbitration within 15 business days after the notice is given, the party is taken to refuse the request.\nIf the request for arbitration is accepted under subsection (3) , the parties may, within 10 business days after the acceptance, jointly appoint the arbitrator proposed in the arbitration election notice, or another arbitrator, to conduct the arbitration.\nIf the parties do not, under subsection (5) , jointly appoint an arbitrator, the party giving the arbitration election notice must require a prescribed arbitration institute to appoint an arbitrator, who is independent of both parties, to conduct the arbitration.\nA prescribed arbitration institute does not incur any civil monetary liability for an act or omission in the performance, or purported performance, of a function under subsection (6) unless the act or omission is done or made in bad faith or through negligence.\nChapter 7A , part 2 , division 2 applies to the arbitration.\ns 91A ins 2018 No. 24 s 46\namd 2020 No. 14 s 218 sch 1 ; 2024 No. 33 s 82\n(sec.91A-ssec.1) This section applies if— a party has given a negotiation notice under section 84 to another party seeking to negotiate the resolution of a dispute and at the end of the minimum negotiation period, the parties have not negotiated a conduct and compensation agreement or deferral agreement; or a party has given an ADR election notice under section 88 to another party seeking to negotiate the resolution of a dispute and at the end of the ADR period for the ADR, the parties have not entered into a conduct and compensation agreement.\n(sec.91A-ssec.2) Either party may give an arbitration election notice to the other party requesting the other party to participate in an arbitration to decide the dispute.\n(sec.91A-ssec.3) A party given an arbitration election notice must, within 15 business days after the notice is given, accept or refuse the request for arbitration.\n(sec.91A-ssec.4) If a party given an arbitration election notice does not accept the request for arbitration within 15 business days after the notice is given, the party is taken to refuse the request.\n(sec.91A-ssec.5) If the request for arbitration is accepted under subsection (3) , the parties may, within 10 business days after the acceptance, jointly appoint the arbitrator proposed in the arbitration election notice, or another arbitrator, to conduct the arbitration.\n(sec.91A-ssec.6) If the parties do not, under subsection (5) , jointly appoint an arbitrator, the party giving the arbitration election notice must require a prescribed arbitration institute to appoint an arbitrator, who is independent of both parties, to conduct the arbitration.\n(sec.91A-ssec.7) A prescribed arbitration institute does not incur any civil monetary liability for an act or omission in the performance, or purported performance, of a function under subsection (6) unless the act or omission is done or made in bad faith or through negligence.\n(sec.91A-ssec.8) Chapter 7A , part 2 , division 2 applies to the arbitration.\n- (a) a party has given a negotiation notice under section 84 to another party seeking to negotiate the resolution of a dispute and at the end of the minimum negotiation period, the parties have not negotiated a conduct and compensation agreement or deferral agreement; or\n- (b) a party has given an ADR election notice under section 88 to another party seeking to negotiate the resolution of a dispute and at the end of the ADR period for the ADR, the parties have not entered into a conduct and compensation agreement.","sortOrder":133},{"sectionNumber":"sec.91B","sectionType":"section","heading":null,"content":"### Section sec.91B\n\ns 91B ins 2018 No. 24 s 46\nom 2024 No. 33 s 83","sortOrder":134},{"sectionNumber":"sec.91D","sectionType":"section","heading":null,"content":"### Section sec.91D\n\ns 91D ins 2018 No. 24 s 46\nom 2024 No. 33 s 83","sortOrder":135},{"sectionNumber":"sec.91E","sectionType":"section","heading":null,"content":"### Section sec.91E\n\ns 91E ins 2018 No. 24 s 46\nom 2024 No. 33 s 83","sortOrder":136},{"sectionNumber":"sec.91F","sectionType":"section","heading":"Effect of arbitrator’s decision","content":"### sec.91F Effect of arbitrator’s decision\n\nThe arbitrator’s decision is final.\nThe parties may not apply for review of, or appeal against, the decision.\nThe arbitrator’s decision does not limit or otherwise affect a power of the Supreme Court to decide a decision of the arbitrator is affected by jurisdictional error.\nThe arbitrator’s decision has the same effect as if the parties had entered into a binding and enforceable agreement to the same effect as the decision.\ns 91F ins 2018 No. 24 s 46\n(sec.91F-ssec.1) The arbitrator’s decision is final.\n(sec.91F-ssec.2) The parties may not apply for review of, or appeal against, the decision.\n(sec.91F-ssec.3) The arbitrator’s decision does not limit or otherwise affect a power of the Supreme Court to decide a decision of the arbitrator is affected by jurisdictional error.\n(sec.91F-ssec.4) The arbitrator’s decision has the same effect as if the parties had entered into a binding and enforceable agreement to the same effect as the decision.","sortOrder":137},{"sectionNumber":"sec.92","sectionType":"section","heading":"Particular agreements to be recorded on titles","content":"### sec.92 Particular agreements to be recorded on titles\n\nA resource authority holder that is a party to either of the following agreements must, within 28 days after entering into the agreement, give the registrar notice of the agreement in the appropriate form—\na conduct and compensation agreement;\nan opt-out agreement.\nIf given a notice under subsection (1) , the registrar must record in the relevant register the existence of the agreement.\nSubsection (4) applies if—\nthe agreement ends; or\nthe land the subject of the agreement is subdivided, in whole or part, and the agreement does not apply to land within a new lot that is created as a result of the subdivision.\nThe resource authority holder that is a party to the agreement must give the registrar notice of the matter in the appropriate form within 28 days after—\nif subsection (3) (a) applies—the agreement ends; or\nif subsection (3) (b) applies—the day the resource authority holder becomes aware the land has been subdivided.\nIf the registrar is given a notice under subsection (4) in relation to an agreement that has ended, the registrar must, if satisfied the agreement has ended or is no longer relevant for the land, remove the particulars of the agreement from the relevant register.\nIf the registrar is given a notice under subsection (4) in relation to the subdivision of land, the registrar must, if satisfied the agreement is not relevant for a new lot created by the subdivision, remove the particulars of the agreement from the relevant register to the extent it relates to the new lot.\nThe registrar must also remove the particulars of the agreement from the relevant register if—\nrequested to do so, in the appropriate form, by a party to the agreement; and\nthe registrar is satisfied the agreement has ended or is no longer relevant for the land.\nA resource authority holder complying with subsection (1) or (4) is liable for the costs of recording the agreement in, or removing the agreement from, the relevant register.\nA notice given under this section is invalid if it does not comply with the prescribed requirements for the notice.\nA requirement of a resource authority holder under subsection (1) or (4) is a condition of the resource authority.\nIn this section—\nappropriate form —\nif the agreement relates to land to which the Land Title Act 1994 applies—see schedule 2 of that Act;\nif the agreement relates to land to which the Land Act 1994 applies—see schedule 6 of that Act.\nparty , to a conduct and compensation agreement or opt-out agreement, includes the successors and assigns of the party that are bound by the agreement under chapter 3 , part 7 , division 5 .\nregistrar means the registrar of titles under the Land Title Act 1994 .\nrelevant register means—\nfor freehold land—the freehold land register; or\nfor any other land—the registry under section 275 of the Land Act 1994 .\ns 92 amd 2018 No. 24 s 47 ; 2021 No. 12 s 148 sch 3\n(sec.92-ssec.1) A resource authority holder that is a party to either of the following agreements must, within 28 days after entering into the agreement, give the registrar notice of the agreement in the appropriate form— a conduct and compensation agreement; an opt-out agreement.\n(sec.92-ssec.2) If given a notice under subsection (1) , the registrar must record in the relevant register the existence of the agreement.\n(sec.92-ssec.3) Subsection (4) applies if— the agreement ends; or the land the subject of the agreement is subdivided, in whole or part, and the agreement does not apply to land within a new lot that is created as a result of the subdivision.\n(sec.92-ssec.4) The resource authority holder that is a party to the agreement must give the registrar notice of the matter in the appropriate form within 28 days after— if subsection (3) (a) applies—the agreement ends; or if subsection (3) (b) applies—the day the resource authority holder becomes aware the land has been subdivided.\n(sec.92-ssec.5) If the registrar is given a notice under subsection (4) in relation to an agreement that has ended, the registrar must, if satisfied the agreement has ended or is no longer relevant for the land, remove the particulars of the agreement from the relevant register.\n(sec.92-ssec.6) If the registrar is given a notice under subsection (4) in relation to the subdivision of land, the registrar must, if satisfied the agreement is not relevant for a new lot created by the subdivision, remove the particulars of the agreement from the relevant register to the extent it relates to the new lot.\n(sec.92-ssec.7) The registrar must also remove the particulars of the agreement from the relevant register if— requested to do so, in the appropriate form, by a party to the agreement; and the registrar is satisfied the agreement has ended or is no longer relevant for the land.\n(sec.92-ssec.8) A resource authority holder complying with subsection (1) or (4) is liable for the costs of recording the agreement in, or removing the agreement from, the relevant register.\n(sec.92-ssec.9) A notice given under this section is invalid if it does not comply with the prescribed requirements for the notice.\n(sec.92-ssec.10) A requirement of a resource authority holder under subsection (1) or (4) is a condition of the resource authority.\n(sec.92-ssec.11) In this section— appropriate form — if the agreement relates to land to which the Land Title Act 1994 applies—see schedule 2 of that Act; if the agreement relates to land to which the Land Act 1994 applies—see schedule 6 of that Act. party , to a conduct and compensation agreement or opt-out agreement, includes the successors and assigns of the party that are bound by the agreement under chapter 3 , part 7 , division 5 . registrar means the registrar of titles under the Land Title Act 1994 . relevant register means— for freehold land—the freehold land register; or for any other land—the registry under section 275 of the Land Act 1994 .\n- (a) a conduct and compensation agreement;\n- (b) an opt-out agreement.\n- (a) the agreement ends; or\n- (b) the land the subject of the agreement is subdivided, in whole or part, and the agreement does not apply to land within a new lot that is created as a result of the subdivision.\n- (a) if subsection (3) (a) applies—the agreement ends; or\n- (b) if subsection (3) (b) applies—the day the resource authority holder becomes aware the land has been subdivided.\n- (a) requested to do so, in the appropriate form, by a party to the agreement; and\n- (b) the registrar is satisfied the agreement has ended or is no longer relevant for the land.\n- (a) if the agreement relates to land to which the Land Title Act 1994 applies—see schedule 2 of that Act;\n- (b) if the agreement relates to land to which the Land Act 1994 applies—see schedule 6 of that Act.\n- (a) for freehold land—the freehold land register; or\n- (b) for any other land—the registry under section 275 of the Land Act 1994 .","sortOrder":138},{"sectionNumber":"sec.92A","sectionType":"section","heading":"Party may seek ADR","content":"### sec.92A Party may seek ADR\n\nThis section applies if a dispute arises between a resource authority holder and an eligible claimant (the parties ) about—\nthe payment of negotiation and preparation costs under section 91 ; or\nwhether the compensation liability or future compensation liability of the resource authority holder to the eligible claimant, agreed to under a conduct and compensation agreement or decided by the Land Court, has been affected by a material change in circumstances since the agreement or decision.\nEither party may give an ADR election notice to the other party asking the other party to participate in ADR to seek to negotiate a resolution of the dispute.\nA party given an ADR election notice must, within 10 business days after the notice is given, accept or refuse the request for ADR.\nIf a party given an ADR election notice does not accept the request for ADR within 10 business days after the notice is given, the party is taken to refuse the request.\nIf the request for ADR is accepted under subsection (3) , the parties may, within 10 business days after the acceptance, jointly appoint the ADR facilitator proposed in the ADR election notice, or another ADR facilitator, to conduct the ADR.\nChapter 7A , part 1 , division 2 applies to the ADR.\ns 92A ins 2024 No. 33 s 84\n(sec.92A-ssec.1) This section applies if a dispute arises between a resource authority holder and an eligible claimant (the parties ) about— the payment of negotiation and preparation costs under section 91 ; or whether the compensation liability or future compensation liability of the resource authority holder to the eligible claimant, agreed to under a conduct and compensation agreement or decided by the Land Court, has been affected by a material change in circumstances since the agreement or decision.\n(sec.92A-ssec.2) Either party may give an ADR election notice to the other party asking the other party to participate in ADR to seek to negotiate a resolution of the dispute.\n(sec.92A-ssec.3) A party given an ADR election notice must, within 10 business days after the notice is given, accept or refuse the request for ADR.\n(sec.92A-ssec.4) If a party given an ADR election notice does not accept the request for ADR within 10 business days after the notice is given, the party is taken to refuse the request.\n(sec.92A-ssec.5) If the request for ADR is accepted under subsection (3) , the parties may, within 10 business days after the acceptance, jointly appoint the ADR facilitator proposed in the ADR election notice, or another ADR facilitator, to conduct the ADR.\n(sec.92A-ssec.6) Chapter 7A , part 1 , division 2 applies to the ADR.\n- (a) the payment of negotiation and preparation costs under section 91 ; or\n- (b) whether the compensation liability or future compensation liability of the resource authority holder to the eligible claimant, agreed to under a conduct and compensation agreement or decided by the Land Court, has been affected by a material change in circumstances since the agreement or decision.","sortOrder":139},{"sectionNumber":"ch.3-pt.7-div.3","sectionType":"division","heading":"Compensation for notifiable road uses","content":"## Compensation for notifiable road uses","sortOrder":140},{"sectionNumber":"sec.93","sectionType":"section","heading":"Liability to compensate public road authority","content":"### sec.93 Liability to compensate public road authority\n\nA resource authority holder is liable to compensate the public road authority for a public road for any cost, damage or loss the authority incurs or will incur that is or will be caused by notifiable road uses carried out by the holder that relate to the road.\nrepair costs to rectify damage to the road caused or that will be caused by any of the uses\ncapital costs for unplanned upgrades of the road incurred or that will be incurred because of any of the uses\nbring-forward costs, including interest charges, for a planned upgrade of the road that because of any of the uses is or will be required earlier than planned\nThe resource authority holder’s liability under subsection (1) is the holder’s compensation liability to the public road authority.\nThe compensation liability—\napplies whether or not the holder has given notice of the use; and\nis in addition to and does not limit or otherwise affect the holder’s liability under another provision of this Act about compensating the public road authority or anyone else.\n(sec.93-ssec.1) A resource authority holder is liable to compensate the public road authority for a public road for any cost, damage or loss the authority incurs or will incur that is or will be caused by notifiable road uses carried out by the holder that relate to the road. repair costs to rectify damage to the road caused or that will be caused by any of the uses capital costs for unplanned upgrades of the road incurred or that will be incurred because of any of the uses bring-forward costs, including interest charges, for a planned upgrade of the road that because of any of the uses is or will be required earlier than planned\n(sec.93-ssec.2) The resource authority holder’s liability under subsection (1) is the holder’s compensation liability to the public road authority.\n(sec.93-ssec.3) The compensation liability— applies whether or not the holder has given notice of the use; and is in addition to and does not limit or otherwise affect the holder’s liability under another provision of this Act about compensating the public road authority or anyone else.\n- • repair costs to rectify damage to the road caused or that will be caused by any of the uses\n- • capital costs for unplanned upgrades of the road incurred or that will be incurred because of any of the uses\n- • bring-forward costs, including interest charges, for a planned upgrade of the road that because of any of the uses is or will be required earlier than planned\n- (a) applies whether or not the holder has given notice of the use; and\n- (b) is in addition to and does not limit or otherwise affect the holder’s liability under another provision of this Act about compensating the public road authority or anyone else.","sortOrder":141},{"sectionNumber":"sec.94","sectionType":"section","heading":"Road compensation agreement","content":"### sec.94 Road compensation agreement\n\nA resource authority holder and the public road authority for a public road may enter into an agreement (a road compensation agreement ) about the holder’s compensation liability to the public road authority.\nA road compensation agreement is invalid if it does not comply with the prescribed requirements for the agreement.\n(sec.94-ssec.1) A resource authority holder and the public road authority for a public road may enter into an agreement (a road compensation agreement ) about the holder’s compensation liability to the public road authority.\n(sec.94-ssec.2) A road compensation agreement is invalid if it does not comply with the prescribed requirements for the agreement.","sortOrder":142},{"sectionNumber":"sec.95","sectionType":"section","heading":null,"content":"### Section sec.95\n\ns 95 om 2018 No. 24 s 48","sortOrder":143},{"sectionNumber":"ch.3-pt.7-div.4","sectionType":"division","heading":"Land Court jurisdiction","content":"## Land Court jurisdiction","sortOrder":144},{"sectionNumber":"sec.96","sectionType":"section","heading":"Party may apply to Land Court","content":"### sec.96 Party may apply to Land Court\n\nThis section applies if—\na party has given an ADR election notice under section 88 to another party seeking to negotiate the resolution of a dispute; and\nat the end of the ADR period for the ADR, the parties have not entered into a conduct and compensation agreement; and\nthe dispute is not the subject of arbitration under chapter 7A , part 2 , division 2 .\nEither party may apply to the Land Court to decide the dispute.\nHowever, the Land Court may decide the liability or future liability only to the extent it is not subject to a conduct and compensation agreement between the parties.\ns 96 sub 2018 No. 24 s 52\namd 2024 No. 33 s 85\n(sec.96-ssec.1) This section applies if— a party has given an ADR election notice under section 88 to another party seeking to negotiate the resolution of a dispute; and at the end of the ADR period for the ADR, the parties have not entered into a conduct and compensation agreement; and the dispute is not the subject of arbitration under chapter 7A , part 2 , division 2 .\n(sec.96-ssec.2) Either party may apply to the Land Court to decide the dispute.\n(sec.96-ssec.3) However, the Land Court may decide the liability or future liability only to the extent it is not subject to a conduct and compensation agreement between the parties.\n- (a) a party has given an ADR election notice under section 88 to another party seeking to negotiate the resolution of a dispute; and\n- (b) at the end of the ADR period for the ADR, the parties have not entered into a conduct and compensation agreement; and\n- (c) the dispute is not the subject of arbitration under chapter 7A , part 2 , division 2 .","sortOrder":145},{"sectionNumber":"sec.96A","sectionType":"section","heading":"Applications may be heard together","content":"### sec.96A Applications may be heard together\n\nThis section applies if an eligible claimant has brought a proceeding in the Land Court for the payment by a resource authority holder of compensation under the Environmental Protection Act .\nThe Land Court may hear together the application and an application under section 96 by the eligible claimant or resource authority holder if the Land Court considers it desirable in the interests of justice.\ns 96A ins 2018 No. 24 s 52\n(sec.96A-ssec.1) This section applies if an eligible claimant has brought a proceeding in the Land Court for the payment by a resource authority holder of compensation under the Environmental Protection Act .\n(sec.96A-ssec.2) The Land Court may hear together the application and an application under section 96 by the eligible claimant or resource authority holder if the Land Court considers it desirable in the interests of justice.","sortOrder":146},{"sectionNumber":"sec.96B","sectionType":"section","heading":"Negotiation and preparation costs","content":"### sec.96B Negotiation and preparation costs\n\nA party may apply to the Land Court for—\na declaration that all or part of stated costs are payable under section 91 ; or\nif the party is an eligible claimant—an order requiring the payment of negotiation and preparation costs under section 91 .\nThe Land Court may, in a proceeding mentioned in subsection (1) or a proceeding brought under section 96 , make a declaration about, or an order for the payment of, negotiation and preparation costs under section 91 .\nHowever, if the costs are the costs of an agronomist, the Land Court can not make an order or declaration in relation to the costs unless the agronomist is appropriately qualified to perform the function for which the costs are incurred.\ns 96B ins 2018 No. 24 s 52\n(sec.96B-ssec.1) A party may apply to the Land Court for— a declaration that all or part of stated costs are payable under section 91 ; or if the party is an eligible claimant—an order requiring the payment of negotiation and preparation costs under section 91 .\n(sec.96B-ssec.2) The Land Court may, in a proceeding mentioned in subsection (1) or a proceeding brought under section 96 , make a declaration about, or an order for the payment of, negotiation and preparation costs under section 91 .\n(sec.96B-ssec.3) However, if the costs are the costs of an agronomist, the Land Court can not make an order or declaration in relation to the costs unless the agronomist is appropriately qualified to perform the function for which the costs are incurred.\n- (a) a declaration that all or part of stated costs are payable under section 91 ; or\n- (b) if the party is an eligible claimant—an order requiring the payment of negotiation and preparation costs under section 91 .","sortOrder":147},{"sectionNumber":"sec.97","sectionType":"section","heading":"Orders Land Court may make","content":"### sec.97 Orders Land Court may make\n\nThe Land Court may make any order it considers appropriate to enable or enforce its decision on an application under this part.\nWithout limiting subsection (1) , the Land Court may order—\nnon-monetary compensation as well as monetary compensation; or\nthat a party not engage in particular conduct; or\nthat the parties engage in further ADR.\nIn considering whether to make an order under subsection (2) (c) , the Land Court may have regard to the behaviour of the parties in the process leading to the application.\ns 97 amd 2018 No. 24 s 53\n(sec.97-ssec.1) The Land Court may make any order it considers appropriate to enable or enforce its decision on an application under this part.\n(sec.97-ssec.2) Without limiting subsection (1) , the Land Court may order— non-monetary compensation as well as monetary compensation; or that a party not engage in particular conduct; or that the parties engage in further ADR.\n(sec.97-ssec.3) In considering whether to make an order under subsection (2) (c) , the Land Court may have regard to the behaviour of the parties in the process leading to the application.\n- (a) non-monetary compensation as well as monetary compensation; or\n- (b) that a party not engage in particular conduct; or\n- (c) that the parties engage in further ADR.","sortOrder":148},{"sectionNumber":"sec.98","sectionType":"section","heading":"Additional jurisdiction for compensation, conduct and related matters","content":"### sec.98 Additional jurisdiction for compensation, conduct and related matters\n\nThis section applies to a resource authority holder and an eligible claimant (the parties ) if any of the following apply—\nthe holder has carried out a preliminary activity;\nthere is a conduct and compensation agreement or deferral agreement between the parties.\nThe Land Court may do all or any of the following—\nassess all or part of the relevant resource authority holder’s compensation liability to the eligible claimant;\ndecide a matter related to the compensation liability;\ndeclare whether or not a proposed authorised activity for the relevant resource authority would, if carried out, interfere with the carrying out of lawful activities by the eligible claimant;\nmake any order it considers necessary or desirable for a matter mentioned in paragraph (a) , (b) or (c) .\nThe Land Court declares that a particular proposed authorised activity interferes with the carrying out of lawful activities by the eligible claimant. It may also order that a stated modification of, or reduction in, the activity would remove the interference.\ns 98 amd 2018 No. 24 s 54\n(sec.98-ssec.1) This section applies to a resource authority holder and an eligible claimant (the parties ) if any of the following apply— the holder has carried out a preliminary activity; there is a conduct and compensation agreement or deferral agreement between the parties.\n(sec.98-ssec.2) The Land Court may do all or any of the following— assess all or part of the relevant resource authority holder’s compensation liability to the eligible claimant; decide a matter related to the compensation liability; declare whether or not a proposed authorised activity for the relevant resource authority would, if carried out, interfere with the carrying out of lawful activities by the eligible claimant; make any order it considers necessary or desirable for a matter mentioned in paragraph (a) , (b) or (c) . The Land Court declares that a particular proposed authorised activity interferes with the carrying out of lawful activities by the eligible claimant. It may also order that a stated modification of, or reduction in, the activity would remove the interference.\n- (a) the holder has carried out a preliminary activity;\n- (b) there is a conduct and compensation agreement or deferral agreement between the parties.\n- (a) assess all or part of the relevant resource authority holder’s compensation liability to the eligible claimant;\n- (b) decide a matter related to the compensation liability;\n- (c) declare whether or not a proposed authorised activity for the relevant resource authority would, if carried out, interfere with the carrying out of lawful activities by the eligible claimant;\n- (d) make any order it considers necessary or desirable for a matter mentioned in paragraph (a) , (b) or (c) . Example— The Land Court declares that a particular proposed authorised activity interferes with the carrying out of lawful activities by the eligible claimant. It may also order that a stated modification of, or reduction in, the activity would remove the interference.","sortOrder":149},{"sectionNumber":"sec.99","sectionType":"section","heading":"Jurisdiction to impose or vary conditions","content":"### sec.99 Jurisdiction to impose or vary conditions\n\nIn deciding a matter mentioned in section 98 (2) , the Land Court may—\nimpose any condition it considers appropriate for the exercise of the parties’ rights; or\nvary any existing condition under an agreement between the parties.\nThe variation may be made on any ground the Land Court considers appropriate.\nThe imposed or varied condition is taken to be—\nif there is an agreement between the parties—a condition of the agreement; or\nif there is no agreement between the parties—an agreement between the parties.\nIn this section—\nagreement means a conduct and compensation agreement.\ncondition means a condition of or for a conduct and compensation agreement.\n(sec.99-ssec.1) In deciding a matter mentioned in section 98 (2) , the Land Court may— impose any condition it considers appropriate for the exercise of the parties’ rights; or vary any existing condition under an agreement between the parties.\n(sec.99-ssec.2) The variation may be made on any ground the Land Court considers appropriate.\n(sec.99-ssec.3) The imposed or varied condition is taken to be— if there is an agreement between the parties—a condition of the agreement; or if there is no agreement between the parties—an agreement between the parties.\n(sec.99-ssec.4) In this section— agreement means a conduct and compensation agreement. condition means a condition of or for a conduct and compensation agreement.\n- (a) impose any condition it considers appropriate for the exercise of the parties’ rights; or\n- (b) vary any existing condition under an agreement between the parties.\n- (a) if there is an agreement between the parties—a condition of the agreement; or\n- (b) if there is no agreement between the parties—an agreement between the parties.","sortOrder":150},{"sectionNumber":"sec.99A","sectionType":"section","heading":"Jurisdiction to decide alleged breach of conduct and compensation agreement","content":"### sec.99A Jurisdiction to decide alleged breach of conduct and compensation agreement\n\nSubsection (2) applies if a party to a conduct and compensation agreement believes the other party has breached a condition of the agreement.\nThe party may apply to the Land Court for an order about the alleged breach.\nAn application may be made during the term, or after the end, of the agreement.\nThe Land Court may make any order it considers appropriate on an application under this section.\nIn this section—\nconduct and compensation agreement means a conduct and compensation agreement for which the minimum negotiation period has ended.\nparty , to a conduct and compensation agreement, means—\nthe following persons who entered into the agreement—\nthe resource authority holder;\nthe owner or occupier of private land; or\nthe successors and assigns of a party mentioned in paragraph (a) that are bound by the agreement under division 5 .\ns 99A ins 2017 No. 34 s 75\namd 2019 No. 17 s 210\n(sec.99A-ssec.1) Subsection (2) applies if a party to a conduct and compensation agreement believes the other party has breached a condition of the agreement.\n(sec.99A-ssec.2) The party may apply to the Land Court for an order about the alleged breach.\n(sec.99A-ssec.3) An application may be made during the term, or after the end, of the agreement.\n(sec.99A-ssec.4) The Land Court may make any order it considers appropriate on an application under this section.\n(sec.99A-ssec.5) In this section— conduct and compensation agreement means a conduct and compensation agreement for which the minimum negotiation period has ended. party , to a conduct and compensation agreement, means— the following persons who entered into the agreement— the resource authority holder; the owner or occupier of private land; or the successors and assigns of a party mentioned in paragraph (a) that are bound by the agreement under division 5 .\n- (a) the following persons who entered into the agreement— (i) the resource authority holder; (ii) the owner or occupier of private land; or\n- (i) the resource authority holder;\n- (ii) the owner or occupier of private land; or\n- (b) the successors and assigns of a party mentioned in paragraph (a) that are bound by the agreement under division 5 .\n- (i) the resource authority holder;\n- (ii) the owner or occupier of private land; or","sortOrder":151},{"sectionNumber":"sec.100","sectionType":"section","heading":"Deciding compensation by Land Court","content":"### sec.100 Deciding compensation by Land Court\n\nEither of the following entities may apply to the Land Court for the Court to decide a resource authority holder’s compensation liability to a public road authority—\nthe public road authority;\nthe resource authority holder.\nHowever, the Land Court may decide the compensation liability only to the extent it is not subject to a road compensation agreement.\nIn making the decision, the Land Court may have regard to—\nall prescribed criteria relating to the public road authority, resource authority and notifiable road use; and\nwhether the applicant has attempted to mediate or negotiate the compensation liability; and\nany other matter the Court considers relevant to making the decision.\n(sec.100-ssec.1) Either of the following entities may apply to the Land Court for the Court to decide a resource authority holder’s compensation liability to a public road authority— the public road authority; the resource authority holder.\n(sec.100-ssec.2) However, the Land Court may decide the compensation liability only to the extent it is not subject to a road compensation agreement.\n(sec.100-ssec.3) In making the decision, the Land Court may have regard to— all prescribed criteria relating to the public road authority, resource authority and notifiable road use; and whether the applicant has attempted to mediate or negotiate the compensation liability; and any other matter the Court considers relevant to making the decision.\n- (a) the public road authority;\n- (b) the resource authority holder.\n- (a) all prescribed criteria relating to the public road authority, resource authority and notifiable road use; and\n- (b) whether the applicant has attempted to mediate or negotiate the compensation liability; and\n- (c) any other matter the Court considers relevant to making the decision.","sortOrder":152},{"sectionNumber":"sec.101","sectionType":"section","heading":"Review of compensation by Land Court","content":"### sec.101 Review of compensation by Land Court\n\nThis section applies if—\nthe compensation liability or future compensation liability of a resource authority holder to either of the following has been agreed to under a compensation agreement or decided by the Land Court (the original compensation )—\nan eligible claimant;\na public road authority; and\nthere has been a material change in circumstances (the change ) since the agreement or decision.\nThe following may apply to the Land Court for a review of the original compensation—\nthe resource authority holder;\nthe eligible claimant;\nthe public road authority.\nIn carrying out the review, the Land Court may review the original compensation only to the extent it is affected by the change.\nIf the Land Court considers the original compensation is not affected by the change, it must not carry out or continue with the review.\nThe Land Court may, after carrying out the review, decide to confirm the original compensation or amend it in a way the Court considers appropriate.\nIn making the decision, the Land Court must have regard to—\nall criteria prescribed by regulation applying for the compensation; and\nwhether the applicant has attempted to mediate or negotiate the compensation liability; and\nany other matter the Court considers relevant to making the decision.\nIf the decision is to amend the original compensation, the original compensation as amended under the decision is, for this Act, taken to be the original compensation.\nIn this section—\ncompensation agreement means—\na conduct and compensation agreement; or\na road compensation agreement.\n(sec.101-ssec.1) This section applies if— the compensation liability or future compensation liability of a resource authority holder to either of the following has been agreed to under a compensation agreement or decided by the Land Court (the original compensation )— an eligible claimant; a public road authority; and there has been a material change in circumstances (the change ) since the agreement or decision.\n(sec.101-ssec.2) The following may apply to the Land Court for a review of the original compensation— the resource authority holder; the eligible claimant; the public road authority.\n(sec.101-ssec.3) In carrying out the review, the Land Court may review the original compensation only to the extent it is affected by the change.\n(sec.101-ssec.4) If the Land Court considers the original compensation is not affected by the change, it must not carry out or continue with the review.\n(sec.101-ssec.5) The Land Court may, after carrying out the review, decide to confirm the original compensation or amend it in a way the Court considers appropriate.\n(sec.101-ssec.6) In making the decision, the Land Court must have regard to— all criteria prescribed by regulation applying for the compensation; and whether the applicant has attempted to mediate or negotiate the compensation liability; and any other matter the Court considers relevant to making the decision.\n(sec.101-ssec.7) If the decision is to amend the original compensation, the original compensation as amended under the decision is, for this Act, taken to be the original compensation.\n(sec.101-ssec.8) In this section— compensation agreement means— a conduct and compensation agreement; or a road compensation agreement.\n- (a) the compensation liability or future compensation liability of a resource authority holder to either of the following has been agreed to under a compensation agreement or decided by the Land Court (the original compensation )— (i) an eligible claimant; (ii) a public road authority; and\n- (i) an eligible claimant;\n- (ii) a public road authority; and\n- (b) there has been a material change in circumstances (the change ) since the agreement or decision.\n- (i) an eligible claimant;\n- (ii) a public road authority; and\n- (a) the resource authority holder;\n- (b) the eligible claimant;\n- (c) the public road authority.\n- (a) all criteria prescribed by regulation applying for the compensation; and\n- (b) whether the applicant has attempted to mediate or negotiate the compensation liability; and\n- (c) any other matter the Court considers relevant to making the decision.\n- (a) a conduct and compensation agreement; or\n- (b) a road compensation agreement.","sortOrder":153},{"sectionNumber":"ch.3-pt.7-div.5","sectionType":"division","heading":"Successors and assigns","content":"## Successors and assigns","sortOrder":154},{"sectionNumber":"sec.101A","sectionType":"section","heading":"Agreement binding on successors and assigns","content":"### sec.101A Agreement binding on successors and assigns\n\nThis section applies to each of the following agreements—\na conduct and compensation agreement;\nan opt-out agreement;\na road compensation agreement.\nThe agreement binds the parties to the agreement, and each of their successors and assigns.\ns 101A ins 2018 No. 24 s 55\n(sec.101A-ssec.1) This section applies to each of the following agreements— a conduct and compensation agreement; an opt-out agreement; a road compensation agreement.\n(sec.101A-ssec.2) The agreement binds the parties to the agreement, and each of their successors and assigns.\n- (a) a conduct and compensation agreement;\n- (b) an opt-out agreement;\n- (c) a road compensation agreement.","sortOrder":155},{"sectionNumber":"sec.101B","sectionType":"section","heading":"Land Court decision binding on successors and assigns","content":"### sec.101B Land Court decision binding on successors and assigns\n\nThis section applies to a decision of the Land Court under division 4 .\nThe decision binds the parties in the proceeding that led to the decision, and each of their successors and assigns.\ns 101B ins 2018 No. 24 s 55\n(sec.101B-ssec.1) This section applies to a decision of the Land Court under division 4 .\n(sec.101B-ssec.2) The decision binds the parties in the proceeding that led to the decision, and each of their successors and assigns.","sortOrder":156},{"sectionNumber":"sec.101C","sectionType":"section","heading":"Arbitrator’s decision binding on successors and assigns","content":"### sec.101C Arbitrator’s decision binding on successors and assigns\n\nThis section applies to a decision of an arbitrator under division 2 , subdivision 3A .\nThe decision binds the parties to the arbitration that led to the decision, and each of their successors and assigns.\ns 101AC ins 2018 No. 24 s 55\n(sec.101C-ssec.1) This section applies to a decision of an arbitrator under division 2 , subdivision 3A .\n(sec.101C-ssec.2) The decision binds the parties to the arbitration that led to the decision, and each of their successors and assigns.","sortOrder":157},{"sectionNumber":"ch.3-pt.8","sectionType":"part","heading":"Conferences held by authorised officer","content":"# Conferences held by authorised officer","sortOrder":158},{"sectionNumber":"sec.101D","sectionType":"section","heading":"Notice of concern may be given to authorised officer","content":"### sec.101D Notice of concern may be given to authorised officer\n\nAn owner or occupier of land that may be affected by a resource authority may give notice to an authorised officer of any of the following concerns relating to the resource authority—\na concern about the authority of the resource authority holder to enter or be on the land;\na concern about activities of the resource authority holder that may affect the land;\na concern about the conduct of the resource authority holder.\nA resource authority holder may give notice to an authorised officer of a concern involving the holder and an owner or occupier of land.\nFor subsection (1) , a resource authority holder includes a person acting, or purporting to act, for a resource authority holder or for a purpose relating to a resource authority.\ns 101D ins 2020 No. 14 s 68\n(sec.101D-ssec.1) An owner or occupier of land that may be affected by a resource authority may give notice to an authorised officer of any of the following concerns relating to the resource authority— a concern about the authority of the resource authority holder to enter or be on the land; a concern about activities of the resource authority holder that may affect the land; a concern about the conduct of the resource authority holder.\n(sec.101D-ssec.2) A resource authority holder may give notice to an authorised officer of a concern involving the holder and an owner or occupier of land.\n(sec.101D-ssec.3) For subsection (1) , a resource authority holder includes a person acting, or purporting to act, for a resource authority holder or for a purpose relating to a resource authority.\n- (a) a concern about the authority of the resource authority holder to enter or be on the land;\n- (b) a concern about activities of the resource authority holder that may affect the land;\n- (c) a concern about the conduct of the resource authority holder.","sortOrder":159},{"sectionNumber":"sec.101E","sectionType":"section","heading":"Authorised officer may call conference","content":"### sec.101E Authorised officer may call conference\n\nThis section applies if an authorised officer—\nreceives under section 101D notice of a concern relating to a resource authority; or\nis aware of a concern about a resource authority.\nThe authorised officer may ask any of the following persons (each a party ) to participate in a conference conducted by the authorised officer to discuss the concern—\nthe resource authority holder;\nan owner or occupier of land that may be affected by the resource authority;\nanother person interested in the concern.\ns 101E ins 2020 No. 14 s 68\n(sec.101E-ssec.1) This section applies if an authorised officer— receives under section 101D notice of a concern relating to a resource authority; or is aware of a concern about a resource authority.\n(sec.101E-ssec.2) The authorised officer may ask any of the following persons (each a party ) to participate in a conference conducted by the authorised officer to discuss the concern— the resource authority holder; an owner or occupier of land that may be affected by the resource authority; another person interested in the concern.\n- (a) receives under section 101D notice of a concern relating to a resource authority; or\n- (b) is aware of a concern about a resource authority.\n- (a) the resource authority holder;\n- (b) an owner or occupier of land that may be affected by the resource authority;\n- (c) another person interested in the concern.","sortOrder":160},{"sectionNumber":"sec.101F","sectionType":"section","heading":"Conduct of conference","content":"### sec.101F Conduct of conference\n\nThis section applies if an authorised officer asks a party to participate in a conference under section 101E (2) .\nThe conference must be conducted under the prescribed requirements.\nIn conducting the conference, the authorised officer must endeavour to help the parties reach an early and inexpensive settlement of the concern the subject of the conference.\nIf a party does not attend the conference—\nthe authorised officer may continue to conduct the conference; and\na party who attends the conference may apply to the Land Court for an order requiring a party who did not attend the conference to pay the attending party’s reasonable costs of attending.\nThe Land Court must not order a party to pay costs under subsection (4) (b) if the party had a reasonable excuse for not attending the conference.\nIf the Land Court makes an order under subsection (4) (b) , the Land Court must decide the amount of the costs.\nNothing said by a person at the conference is admissible in evidence in a proceeding without the person’s consent.\nIf parties asked to participate in the conference make an agreement about the concern the subject of the conference, the agreement must be written and signed by the parties.\nIn this section—\nparty see section 101E (2) .\ns 101F ins 2020 No. 14 s 68\n(sec.101F-ssec.1) This section applies if an authorised officer asks a party to participate in a conference under section 101E (2) .\n(sec.101F-ssec.2) The conference must be conducted under the prescribed requirements.\n(sec.101F-ssec.3) In conducting the conference, the authorised officer must endeavour to help the parties reach an early and inexpensive settlement of the concern the subject of the conference.\n(sec.101F-ssec.4) If a party does not attend the conference— the authorised officer may continue to conduct the conference; and a party who attends the conference may apply to the Land Court for an order requiring a party who did not attend the conference to pay the attending party’s reasonable costs of attending.\n(sec.101F-ssec.5) The Land Court must not order a party to pay costs under subsection (4) (b) if the party had a reasonable excuse for not attending the conference.\n(sec.101F-ssec.6) If the Land Court makes an order under subsection (4) (b) , the Land Court must decide the amount of the costs.\n(sec.101F-ssec.7) Nothing said by a person at the conference is admissible in evidence in a proceeding without the person’s consent.\n(sec.101F-ssec.8) If parties asked to participate in the conference make an agreement about the concern the subject of the conference, the agreement must be written and signed by the parties.\n(sec.101F-ssec.9) In this section— party see section 101E (2) .\n- (a) the authorised officer may continue to conduct the conference; and\n- (b) a party who attends the conference may apply to the Land Court for an order requiring a party who did not attend the conference to pay the attending party’s reasonable costs of attending.","sortOrder":161},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":162},{"sectionNumber":"ch.4-pt.1-div.1","sectionType":"division","heading":"Purposes of chapter","content":"## Purposes of chapter","sortOrder":163},{"sectionNumber":"sec.102","sectionType":"section","heading":"Main purposes of chapter","content":"### sec.102 Main purposes of chapter\n\nThe main purposes of this chapter are to—\nfacilitate the co-existence of the State’s coal and coal seam gas industries; and\nensure that participants in each of the industries co-operate to optimise the development and use of the State’s coal and coal seam gas resources to maximise the benefit for all Queenslanders; and\nestablish a statutory framework that applies if the participants do not otherwise agree.\nThe main purposes are achieved by—\nremoving barriers to the grant of resource authorities for coal and coal seam gas production; and\nallowing a right of way for coal production subject to notice and compensation requirements; and\nimposing ongoing obligations on participants in each of the industries to exchange relevant information; and\nproviding for participants in each of the industries to negotiate arrangements as an alternative to particular legislative requirements.\ns 102 amd 2020 No. 14 s 218 sch 1\n(sec.102-ssec.1) The main purposes of this chapter are to— facilitate the co-existence of the State’s coal and coal seam gas industries; and ensure that participants in each of the industries co-operate to optimise the development and use of the State’s coal and coal seam gas resources to maximise the benefit for all Queenslanders; and establish a statutory framework that applies if the participants do not otherwise agree.\n(sec.102-ssec.2) The main purposes are achieved by— removing barriers to the grant of resource authorities for coal and coal seam gas production; and allowing a right of way for coal production subject to notice and compensation requirements; and imposing ongoing obligations on participants in each of the industries to exchange relevant information; and providing for participants in each of the industries to negotiate arrangements as an alternative to particular legislative requirements.\n- (a) facilitate the co-existence of the State’s coal and coal seam gas industries; and\n- (b) ensure that participants in each of the industries co-operate to optimise the development and use of the State’s coal and coal seam gas resources to maximise the benefit for all Queenslanders; and\n- (c) establish a statutory framework that applies if the participants do not otherwise agree.\n- (a) removing barriers to the grant of resource authorities for coal and coal seam gas production; and\n- (b) allowing a right of way for coal production subject to notice and compensation requirements; and\n- (c) imposing ongoing obligations on participants in each of the industries to exchange relevant information; and\n- (d) providing for participants in each of the industries to negotiate arrangements as an alternative to particular legislative requirements.","sortOrder":164},{"sectionNumber":"ch.4-pt.1-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":165},{"sectionNumber":"sec.103","sectionType":"section","heading":"Definitions for chapter","content":"### sec.103 Definitions for chapter\n\nIn this chapter—\n18 months notice , for an ML (coal), see section 122 .\nabandonment date see section 129 (2) (b) .\nacceleration notice see section 128 (2) .\nadvance notice , for an ML (coal), see section 121 .\nagreed joint development plan means—\nan agreed joint development plan for which a notice has been given to the chief executive under section 130 or 142 ; or\nif an agreed joint development plan is amended by the resource authority holders under section 133 or 146 —the agreed joint development plan as amended; or\nif an agreed joint development plan is required to be amended by the Minister under section 174C —the agreed joint development plan as required to be amended by the Minister; or\nif an agreed joint development plan is arbitrated as an agreed joint development plan under chapter 5 , part 3 —the agreed joint development plan as arbitrated.\ns 103 def agreed joint development plan amd 2020 No. 14 s 218 sch 1\nagreed mining commencement date ...\ns 103 def agreed mining commencement date om 2016 No. 30 s 13 (1)\narbitration , of a dispute, means arbitration of the dispute under chapter 5 , part 3 .\ns 103 def arbitration amd 2020 No. 14 s 218 sch 1\narea means—\nof a coal resource authority—the area of the coal resource authority under the Mineral Resources Act ; or\nof a petroleum resource authority—the area of the petroleum resource authority under the P&G Act .\nATP means authority to prospect (csg).\nATP major gas infrastructure , for an ATP, see section 166 .\nauthority to prospect (csg) means an authority to prospect granted under the P&G Act , if the intention of the holder is to explore and test for coal seam gas.\ncoal mine see the Coal Mining Safety and Health Act 1999 .\ncoal mining operations see the Coal Mining Safety and Health Act 1999 .\ncoal resource authority means—\nan exploration permit (coal); or\na mineral development licence (coal); or\na mining lease (coal).\ncoal seam gas ...\ns 103 def coal seam gas om 2024 No. 33 s 183 sch 1 pt 2\ncolumn 1 resource authority means a coal resource authority or petroleum resource authority listed in column 1 of a table in this chapter.\ncolumn 2 resource authority means a coal resource authority or petroleum resource authority listed in column 2 of a table in this chapter.\ncompensation liability —\nof an ML (coal) holder to a PL holder—see section 167 (3) ; or\nof an ML (coal) holder to an ATP holder—see section 168 (3) .\nconcurrent notice see section 149 (2) .\nconfirmation notice , for an ML (coal), see section 123 .\ncorresponding column 1 resource authority , for a column 2 resource authority, means the column 1 resource authority opposite the column 2 resource authority in a table in this chapter.\ncorresponding column 2 resource authority , for a column 1 resource authority, means a column 2 resource authority opposite the column 1 resource authority in a table in this chapter.\ndiluted incidental coal seam gas see section 136 .\nEP (coal) , for part 3 , see section 139 .\nexceptional circumstances notice see section 127 .\nexploration permit (coal) means an exploration permit for coal granted under the Mineral Resources Act .\nFMA see section 110 .\nfuture mining area see section 110 .\nholder , of a coal resource authority or petroleum resource authority, means—\nfor a coal resource authority—the person who is the holder of the resource authority under the Mineral Resources Act ; or\nfor a petroleum resource authority—the person who is the holder of the resource authority under the P&G Act .\nIMA see section 109 .\nincidental coal seam gas means coal seam gas able to be mined by an ML (coal) holder under the Mineral Resources Act .\ninitial mining area see section 109 .\njoint development plan means a proposed joint development plan or an agreed joint development plan.\njoint occupancy , of a SOZ for an IMA or RMA, see section 114 .\nlost production see section 162 .\nMDL (coal) , for part 3 , see section 139 .\nmineral development licence (coal) means a mineral development licence for coal granted under the Mineral Resources Act .\nmining commencement date , for an IMA or RMA, see section 115 .\ns 103 def mining commencement date sub 2016 No. 30 s 13 (1) – (2)\nmining lease (coal) means a mining lease for coal granted under the Mineral Resources Act .\nmining safety legislation ...\ns 103 def mining safety legislation amd 2016 No. 30 s 13 (3)\nom 2020 No. 14 s 69\nML (coal) —\ngenerally—means a mining lease (coal); or\nfor part 3 —see section 139 .\nML (coal) holder —\ngenerally—see section 105 ; or\nfor part 3 —see section 139 .\noverlapping area see section 104 .\npetroleum see the P&G Act .\npetroleum lease (csg) means a petroleum lease granted under the P&G Act if coal seam gas is proposed to be produced under the lease.\npetroleum production notice see section 141 (1) .\npetroleum resource authority —\ngenerally, means—\nan authority to prospect (csg); or\na petroleum lease (csg); or\nfor part 2 , see section 118 .\npetroleum well has the meaning given by the P&G Act .\nPL —\ngenerally—means a petroleum lease (csg); or\nfor part 3 —see section 139 .\nPL connecting infrastructure , for a PL, see section 165 .\nPL holder —\ngenerally—see section 106 ; or\nfor part 3 —see section 139 .\nPL major gas infrastructure , for a PL, see section 163 .\nPL minor gas infrastructure , for a PL, see section 164 .\nprescribed arbitration institute ...\ns 103 def prescribed arbitration institute om 2020 No. 14 s 218 sch 1\nproposed joint development plan means—\nfor part 2 , division 2 —a proposed plan for development of an overlapping area that includes the matters mentioned in section 130 (3) ; or\nfor part 3 —a proposed plan for development of an overlapping area that includes the matters mentioned in section 142 (3) .\ns 103 def proposed joint development plan amd 2016 No. 30 s 13 (4)\nproposed mining commencement date ...\ns 103 def proposed mining commencement date om 2016 No. 30 s 13 (1)\nreconciliation payment see section 172 (2) (a) and (c) (i) .\nrelevant matter , in relation to a joint development plan, means—\nfor a joint development plan under part 2 , division 3 —a matter mentioned in section 130 (3) ; or\nfor a joint development plan under part 3 —a matter mentioned in section 142 (3) .\ns 103 def relevant matter sub 2019 No. 7 s 250\nreplace , for part 6 , division 2 , see section 161 .\ns 103 def replace amd 2020 No. 14 s 218 sch 1\nreplacement gas see section 172 (2) (b) and (c) (ii) .\nresource authority means a coal resource authority or a petroleum resource authority.\nRMA see section 111 .\nRMA notice , for an ML (coal), see section 125 .\nrolling mining area see section 111 .\nsimultaneous operations zone , for an IMA or RMA, see section 112 .\nsite senior executive , for a coal mine, see the Coal Mining Safety and Health Act 1999 .\nsole occupancy , of an IMA or RMA, see section 113 .\nSOZ see section 112 .\nsurface mine see the Coal Mining Safety and Health Act 1999 .\nunderground mine see the Coal Mining Safety and Health Act 1999 .\nundiluted incidental coal seam gas see section 136 .\ns 103 amd 2020 No. 14 s 218 sch 1\n- (a) an agreed joint development plan for which a notice has been given to the chief executive under section 130 or 142 ; or\n- (b) if an agreed joint development plan is amended by the resource authority holders under section 133 or 146 —the agreed joint development plan as amended; or\n- (c) if an agreed joint development plan is required to be amended by the Minister under section 174C —the agreed joint development plan as required to be amended by the Minister; or\n- (d) if an agreed joint development plan is arbitrated as an agreed joint development plan under chapter 5 , part 3 —the agreed joint development plan as arbitrated.\n- (a) of a coal resource authority—the area of the coal resource authority under the Mineral Resources Act ; or\n- (b) of a petroleum resource authority—the area of the petroleum resource authority under the P&G Act .\n- (a) an exploration permit (coal); or\n- (b) a mineral development licence (coal); or\n- (c) a mining lease (coal).\n- (a) of an ML (coal) holder to a PL holder—see section 167 (3) ; or\n- (b) of an ML (coal) holder to an ATP holder—see section 168 (3) .\n- (a) for a coal resource authority—the person who is the holder of the resource authority under the Mineral Resources Act ; or\n- (b) for a petroleum resource authority—the person who is the holder of the resource authority under the P&G Act .\n- (a) generally—means a mining lease (coal); or\n- (b) for part 3 —see section 139 .\n- (a) generally—see section 105 ; or\n- (b) for part 3 —see section 139 .\n- (a) generally, means— (i) an authority to prospect (csg); or (ii) a petroleum lease (csg); or\n- (i) an authority to prospect (csg); or\n- (ii) a petroleum lease (csg); or\n- (b) for part 2 , see section 118 .\n- (i) an authority to prospect (csg); or\n- (ii) a petroleum lease (csg); or\n- (a) generally—means a petroleum lease (csg); or\n- (b) for part 3 —see section 139 .\n- (a) generally—see section 106 ; or\n- (b) for part 3 —see section 139 .\n- (a) for part 2 , division 2 —a proposed plan for development of an overlapping area that includes the matters mentioned in section 130 (3) ; or\n- (b) for part 3 —a proposed plan for development of an overlapping area that includes the matters mentioned in section 142 (3) .\n- (a) for a joint development plan under part 2 , division 3 —a matter mentioned in section 130 (3) ; or\n- (b) for a joint development plan under part 3 —a matter mentioned in section 142 (3) .","sortOrder":166},{"sectionNumber":"sec.104","sectionType":"section","heading":"What is an overlapping area","content":"### sec.104 What is an overlapping area\n\nAn overlapping area is land that is the subject of both a column 1 resource authority and a corresponding column 2 resource authority for the column 1 resource authority.\nHowever, land is an overlapping area only if the column 1 resource authority was granted after the corresponding column 2 resource authority was granted.\nA reference to an overlapping area includes, if the circumstances permit, an area that will become an overlapping area when a column 1 resource authority that has been applied for is granted.\nEven if subsections (1) to (3) do not apply to make land an overlapping area, land is an overlapping area if it is the subject of both a coal resource authority and a petroleum resource authority.\n(sec.104-ssec.1) An overlapping area is land that is the subject of both a column 1 resource authority and a corresponding column 2 resource authority for the column 1 resource authority.\n(sec.104-ssec.2) However, land is an overlapping area only if the column 1 resource authority was granted after the corresponding column 2 resource authority was granted.\n(sec.104-ssec.3) A reference to an overlapping area includes, if the circumstances permit, an area that will become an overlapping area when a column 1 resource authority that has been applied for is granted.\n(sec.104-ssec.4) Even if subsections (1) to (3) do not apply to make land an overlapping area, land is an overlapping area if it is the subject of both a coal resource authority and a petroleum resource authority.","sortOrder":167},{"sectionNumber":"sec.105","sectionType":"section","heading":"What is an ML (coal) holder","content":"### sec.105 What is an ML (coal) holder\n\nAn ML (coal) holder is the holder of an ML (coal).\nA reference to an ML (coal) holder includes, if the circumstances permit, an EP (coal) holder or MDL (coal) holder who is an applicant for an ML (coal).\ns 105 amd 2016 No. 30 s 14\n(sec.105-ssec.1) An ML (coal) holder is the holder of an ML (coal).\n(sec.105-ssec.2) A reference to an ML (coal) holder includes, if the circumstances permit, an EP (coal) holder or MDL (coal) holder who is an applicant for an ML (coal).","sortOrder":168},{"sectionNumber":"sec.106","sectionType":"section","heading":"What is a PL holder","content":"### sec.106 What is a PL holder\n\nA PL holder is the holder of a PL.\nA reference to a PL holder includes, if the circumstances permit, an applicant for a PL.\n(sec.106-ssec.1) A PL holder is the holder of a PL.\n(sec.106-ssec.2) A reference to a PL holder includes, if the circumstances permit, an applicant for a PL.","sortOrder":169},{"sectionNumber":"sec.107","sectionType":"section","heading":"Extended meaning of ML (coal) and PL","content":"### sec.107 Extended meaning of ML (coal) and PL\n\nFor this chapter, a reference to an ML (coal) or a PL includes, if the circumstances permit, a reference to an ML (coal) or PL that has been applied for but has not been granted.","sortOrder":170},{"sectionNumber":"ch.4-pt.1-div.3","sectionType":"division","heading":"Other key provisions","content":"## Other key provisions","sortOrder":171},{"sectionNumber":"sec.108","sectionType":"section","heading":"Purpose of division","content":"### sec.108 Purpose of division\n\nThis division contains definitions and other provisions relevant to the operation of this chapter.\ns 108 amd 2020 No. 14 s 218 sch 1","sortOrder":172},{"sectionNumber":"sec.109","sectionType":"section","heading":"What is an initial mining area or IMA","content":"### sec.109 What is an initial mining area or IMA\n\nAn initial mining area , or IMA , is an area in an overlapping area, identified by an ML (coal) holder, for which the ML (coal) holder requires sole occupancy to carry out authorised activities for the ML (coal).\nThe total area that may be identified as an IMA is the minimum area that is reasonably considered to be required for 10 years of safe mining.\nAn IMA may be a single area, or a number of separate areas, each of which is an IMA.\ns 109 amd 2016 No. 30 s 15\n(sec.109-ssec.1) An initial mining area , or IMA , is an area in an overlapping area, identified by an ML (coal) holder, for which the ML (coal) holder requires sole occupancy to carry out authorised activities for the ML (coal).\n(sec.109-ssec.2) The total area that may be identified as an IMA is the minimum area that is reasonably considered to be required for 10 years of safe mining.\n(sec.109-ssec.3) An IMA may be a single area, or a number of separate areas, each of which is an IMA.","sortOrder":173},{"sectionNumber":"sec.110","sectionType":"section","heading":"What is a future mining area or FMA","content":"### sec.110 What is a future mining area or FMA\n\nA future mining area , or FMA , is an area in an overlapping area, identified by an ML (coal) holder, in which the ML (coal) holder intends to carry out authorised activities for the ML (coal) as mining operations advance outside the IMA.\nAn FMA must be contiguous with an IMA.\ns 110 amd 2016 No. 30 s 16\n(sec.110-ssec.1) A future mining area , or FMA , is an area in an overlapping area, identified by an ML (coal) holder, in which the ML (coal) holder intends to carry out authorised activities for the ML (coal) as mining operations advance outside the IMA.\n(sec.110-ssec.2) An FMA must be contiguous with an IMA.","sortOrder":174},{"sectionNumber":"sec.111","sectionType":"section","heading":"What is a rolling mining area or RMA","content":"### sec.111 What is a rolling mining area or RMA\n\nA rolling mining area , or RMA , is an area in an overlapping area, identified by an ML (coal) holder, for which the ML (coal) holder requires sole occupancy to carry out authorised activities for the ML (coal).\nThe total area that may be identified as an RMA is the minimum area that is reasonably considered to be required for 1 year of safe mining.\nAn RMA must be within an FMA.\nEach RMA must be considered on a sequential, year by year basis.\nAn RMA for a particular year must not be more than 10% of the total of the areas that are an IMA or FMA in the overlapping area.\ns 111 amd 2016 No. 30 s 17\n(sec.111-ssec.1) A rolling mining area , or RMA , is an area in an overlapping area, identified by an ML (coal) holder, for which the ML (coal) holder requires sole occupancy to carry out authorised activities for the ML (coal).\n(sec.111-ssec.2) The total area that may be identified as an RMA is the minimum area that is reasonably considered to be required for 1 year of safe mining.\n(sec.111-ssec.3) An RMA must be within an FMA.\n(sec.111-ssec.4) Each RMA must be considered on a sequential, year by year basis.\n(sec.111-ssec.5) An RMA for a particular year must not be more than 10% of the total of the areas that are an IMA or FMA in the overlapping area.","sortOrder":175},{"sectionNumber":"sec.112","sectionType":"section","heading":"What is a simultaneous operations zone or SOZ","content":"### sec.112 What is a simultaneous operations zone or SOZ\n\nThe simultaneous operations zone , or SOZ , for an IMA or RMA, is an area in an overlapping area, contiguous with an IMA or RMA, in relation to which safety and health arrangements for the co-existence of an ML (coal) and a petroleum resource authority are reasonably considered to be required.","sortOrder":176},{"sectionNumber":"sec.113","sectionType":"section","heading":"What is sole occupancy","content":"### sec.113 What is sole occupancy\n\nIf an ML (coal) holder has sole occupancy of an IMA or RMA, to the extent the ML (coal) is for a surface mine—\nthe ML (coal) holder may carry out any authorised activity for the ML (coal) in the IMA or RMA; and\nthe holder of a corresponding column 2 resource authority for the ML (coal) may not carry out any authorised activity for the authority in the IMA or RMA.\nIf an ML (coal) holder has sole occupancy of an IMA or RMA, to the extent the ML (coal) is for an underground mine—\nthe ML (coal) holder may carry out any authorised activity for the ML (coal) in the IMA or RMA; and\nthe holder of a corresponding column 2 resource authority for the ML (coal) may carry out an authorised activity for the authority in the IMA or RMA unless the site senior executive for the underground mine directs the holder not to carry out the authorised activity for the purpose of facilitating safety and health arrangements for the co-existence of an ML (coal) and a petroleum resource authority that are reasonably considered to be required.\nThe ML (coal) holder’s sole occupancy of an IMA or RMA does not limit the right of the corresponding column 2 resource authority holder to carry out authorised activities for the authority within the overlapping area but outside the IMA or RMA.\nIf the corresponding column 2 resource authority is a PL, and it is necessary for PL major gas infrastructure for the PL on an IMA or RMA to be replaced, the PL holder is not required to abandon the use of the infrastructure on the IMA or RMA until replacement PL major gas infrastructure has been constructed and commissioned, and is in operation.\n(sec.113-ssec.1) If an ML (coal) holder has sole occupancy of an IMA or RMA, to the extent the ML (coal) is for a surface mine— the ML (coal) holder may carry out any authorised activity for the ML (coal) in the IMA or RMA; and the holder of a corresponding column 2 resource authority for the ML (coal) may not carry out any authorised activity for the authority in the IMA or RMA.\n(sec.113-ssec.2) If an ML (coal) holder has sole occupancy of an IMA or RMA, to the extent the ML (coal) is for an underground mine— the ML (coal) holder may carry out any authorised activity for the ML (coal) in the IMA or RMA; and the holder of a corresponding column 2 resource authority for the ML (coal) may carry out an authorised activity for the authority in the IMA or RMA unless the site senior executive for the underground mine directs the holder not to carry out the authorised activity for the purpose of facilitating safety and health arrangements for the co-existence of an ML (coal) and a petroleum resource authority that are reasonably considered to be required.\n(sec.113-ssec.3) The ML (coal) holder’s sole occupancy of an IMA or RMA does not limit the right of the corresponding column 2 resource authority holder to carry out authorised activities for the authority within the overlapping area but outside the IMA or RMA.\n(sec.113-ssec.4) If the corresponding column 2 resource authority is a PL, and it is necessary for PL major gas infrastructure for the PL on an IMA or RMA to be replaced, the PL holder is not required to abandon the use of the infrastructure on the IMA or RMA until replacement PL major gas infrastructure has been constructed and commissioned, and is in operation.\n- (a) the ML (coal) holder may carry out any authorised activity for the ML (coal) in the IMA or RMA; and\n- (b) the holder of a corresponding column 2 resource authority for the ML (coal) may not carry out any authorised activity for the authority in the IMA or RMA.\n- (a) the ML (coal) holder may carry out any authorised activity for the ML (coal) in the IMA or RMA; and\n- (b) the holder of a corresponding column 2 resource authority for the ML (coal) may carry out an authorised activity for the authority in the IMA or RMA unless the site senior executive for the underground mine directs the holder not to carry out the authorised activity for the purpose of facilitating safety and health arrangements for the co-existence of an ML (coal) and a petroleum resource authority that are reasonably considered to be required.","sortOrder":177},{"sectionNumber":"sec.114","sectionType":"section","heading":"What is joint occupancy","content":"### sec.114 What is joint occupancy\n\nIf an ML (coal) holder and the holder of a corresponding column 2 resource authority for the ML (coal) have joint occupancy of a SOZ for an IMA or RMA—\nthe ML (coal) holder may carry out authorised activities for the ML (coal) in the SOZ subject to any safety and health arrangements for the co-existence of an ML (coal) and a petroleum resource authority that are reasonably considered to be required; and\nthe holder of the corresponding column 2 resource authority for the ML (coal) may carry out authorised activities for the authority subject to any safety and health arrangements for the co-existence of an ML (coal) and a petroleum resource authority that are reasonably considered to be required.\n- (a) the ML (coal) holder may carry out authorised activities for the ML (coal) in the SOZ subject to any safety and health arrangements for the co-existence of an ML (coal) and a petroleum resource authority that are reasonably considered to be required; and\n- (b) the holder of the corresponding column 2 resource authority for the ML (coal) may carry out authorised activities for the authority subject to any safety and health arrangements for the co-existence of an ML (coal) and a petroleum resource authority that are reasonably considered to be required.","sortOrder":178},{"sectionNumber":"sec.115","sectionType":"section","heading":"What is the mining commencement date","content":"### sec.115 What is the mining commencement date\n\nThe mining commencement date , for an IMA or RMA in an overlapping area, is—\nthe date, identified by a coal resource authority holder for the overlapping area, for starting to carry out authorised activities for the coal resource authority in the IMA or RMA; or\nif the resource authority holders for the overlapping area agree in writing to change the date mentioned in paragraph (a) for an IMA or RMA—the new agreed date; or\nif the date mentioned in paragraph (a) or (b) for an IMA or RMA is changed under section 127 , 128 , 142A , 241A or by arbitration—the new changed date.\nFor subsection (1) (a) , the date identified by an ML (coal) holder for an IMA must be—\nif the corresponding column 2 resource authority for the ML (coal) is an ATP—at least 18 months after the date on which the advance notice for the ML (coal) is given; or\nif the corresponding column 2 resource authority for the ML (coal) is a PL—at least 11 years after the date on which the advance notice for the ML (coal) is given.\nFor subsection (1) (a) , the date identified by an ML (coal) holder for an RMA must be—\nfor the first RMA in an overlapping area—at least 10 years after the mining commencement date for the IMA to which the RMA is contiguous; and\nfor each subsequent RMA in the overlapping area—at least 1 year after the mining commencement date for the immediately preceding RMA.\ns 115 sub 2016 No. 30 s 18\n(sec.115-ssec.1) The mining commencement date , for an IMA or RMA in an overlapping area, is— the date, identified by a coal resource authority holder for the overlapping area, for starting to carry out authorised activities for the coal resource authority in the IMA or RMA; or if the resource authority holders for the overlapping area agree in writing to change the date mentioned in paragraph (a) for an IMA or RMA—the new agreed date; or if the date mentioned in paragraph (a) or (b) for an IMA or RMA is changed under section 127 , 128 , 142A , 241A or by arbitration—the new changed date.\n(sec.115-ssec.2) For subsection (1) (a) , the date identified by an ML (coal) holder for an IMA must be— if the corresponding column 2 resource authority for the ML (coal) is an ATP—at least 18 months after the date on which the advance notice for the ML (coal) is given; or if the corresponding column 2 resource authority for the ML (coal) is a PL—at least 11 years after the date on which the advance notice for the ML (coal) is given.\n(sec.115-ssec.3) For subsection (1) (a) , the date identified by an ML (coal) holder for an RMA must be— for the first RMA in an overlapping area—at least 10 years after the mining commencement date for the IMA to which the RMA is contiguous; and for each subsequent RMA in the overlapping area—at least 1 year after the mining commencement date for the immediately preceding RMA.\n- (a) the date, identified by a coal resource authority holder for the overlapping area, for starting to carry out authorised activities for the coal resource authority in the IMA or RMA; or\n- (b) if the resource authority holders for the overlapping area agree in writing to change the date mentioned in paragraph (a) for an IMA or RMA—the new agreed date; or\n- (c) if the date mentioned in paragraph (a) or (b) for an IMA or RMA is changed under section 127 , 128 , 142A , 241A or by arbitration—the new changed date.\n- (a) if the corresponding column 2 resource authority for the ML (coal) is an ATP—at least 18 months after the date on which the advance notice for the ML (coal) is given; or\n- (b) if the corresponding column 2 resource authority for the ML (coal) is a PL—at least 11 years after the date on which the advance notice for the ML (coal) is given.\n- (a) for the first RMA in an overlapping area—at least 10 years after the mining commencement date for the IMA to which the RMA is contiguous; and\n- (b) for each subsequent RMA in the overlapping area—at least 1 year after the mining commencement date for the immediately preceding RMA.","sortOrder":179},{"sectionNumber":"sec.116","sectionType":"section","heading":null,"content":"### Section sec.116\n\ns 116 om 2016 No. 30 s 19","sortOrder":180},{"sectionNumber":"ch.4-pt.1-div.4","sectionType":"division","heading":"Mandatory requirements","content":"## Mandatory requirements","sortOrder":181},{"sectionNumber":"sec.117","sectionType":"section","heading":"Mandatory requirements for participants","content":"### sec.117 Mandatory requirements for participants\n\nThe following provisions apply for all overlapping areas—\nsection 121 ;\nsection 127 (8) (b) ;\npart 2 , division 3 ;\nparts 3 and 4 ;\npart 5 , other than section 153 ;\npart 6 , division 1 ;\nchapter 5 , part 2 .\nThe resource authority holders for an overlapping area may agree that provisions of this chapter, other than the provisions mentioned in subsection (1) , do not apply for the overlapping area.\ns 117 amd 2016 No. 30 s 20 ; 2020 No. 14 s 218 sch 1\n(sec.117-ssec.1) The following provisions apply for all overlapping areas— section 121 ; section 127 (8) (b) ; part 2 , division 3 ; parts 3 and 4 ; part 5 , other than section 153 ; part 6 , division 1 ; chapter 5 , part 2 .\n(sec.117-ssec.2) The resource authority holders for an overlapping area may agree that provisions of this chapter, other than the provisions mentioned in subsection (1) , do not apply for the overlapping area.\n- (a) section 121 ;\n- (b) section 127 (8) (b) ;\n- (c) part 2 , division 3 ;\n- (d) parts 3 and 4 ;\n- (e) part 5 , other than section 153 ;\n- (f) part 6 , division 1 ;\n- (g) chapter 5 , part 2 .","sortOrder":182},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Right of way for coal","content":"# Right of way for coal","sortOrder":183},{"sectionNumber":"ch.4-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":184},{"sectionNumber":"sec.118","sectionType":"section","heading":"Definitions for part","content":"### sec.118 Definitions for part\n\nIn this part—\npetroleum resource authority means a corresponding column 2 resource authority, for a column 1 resource authority, mentioned in the table for part 2 .\npetroleum resource authority holder means the holder of a petroleum resource authority.\ns 118 amd 2020 No. 14 s 218 sch 1","sortOrder":185},{"sectionNumber":"sec.119","sectionType":"section","heading":"Table for part","content":"### sec.119 Table for part\n\nThe following table applies for this part—\nColumn 1\nColumn 2\nmining lease (coal)\neither of the following—\nauthority to prospect (csg);\npetroleum lease (csg)\ns 119 amd 2020 No. 14 s 218 sch 1","sortOrder":186},{"sectionNumber":"ch.4-pt.2-div.2","sectionType":"division","heading":"Sole occupancy","content":"## Sole occupancy","sortOrder":187},{"sectionNumber":"sec.120","sectionType":"section","heading":"Sole occupancy of IMA","content":"### sec.120 Sole occupancy of IMA\n\nAn ML (coal) holder has sole occupancy of an IMA for an overlapping area the subject of the ML (coal) from the mining commencement date for the IMA, but only if the ML (coal) holder has given each petroleum resource authority holder the notices mentioned in subsection (2) or (3) as required under this division.\nIf the petroleum resource authority is an ATP, the notices are—\nan advance notice for the ML (coal); and\nan 18 months notice for the ML (coal).\nIf the petroleum resource authority is a PL, the notices are—\nan advance notice for the ML (coal); and\na confirmation notice for the ML (coal).\ns 120 amd 2016 No. 30 s 21\n(sec.120-ssec.1) An ML (coal) holder has sole occupancy of an IMA for an overlapping area the subject of the ML (coal) from the mining commencement date for the IMA, but only if the ML (coal) holder has given each petroleum resource authority holder the notices mentioned in subsection (2) or (3) as required under this division.\n(sec.120-ssec.2) If the petroleum resource authority is an ATP, the notices are— an advance notice for the ML (coal); and an 18 months notice for the ML (coal).\n(sec.120-ssec.3) If the petroleum resource authority is a PL, the notices are— an advance notice for the ML (coal); and a confirmation notice for the ML (coal).\n- (a) an advance notice for the ML (coal); and\n- (b) an 18 months notice for the ML (coal).\n- (a) an advance notice for the ML (coal); and\n- (b) a confirmation notice for the ML (coal).","sortOrder":188},{"sectionNumber":"sec.121","sectionType":"section","heading":"Advance notice","content":"### sec.121 Advance notice\n\nAn advance notice , for an ML (coal), is a notice that—\nstates that the ML (coal) holder has applied for the grant of the ML (coal); and\nincludes a copy of the application for the ML (coal), other than any statement detailing the applicant’s financial and technical resources; and\nif the petroleum resource authority is an ATP—identifies any IMA or RMA in the overlapping area, and the mining commencement date for the IMA or RMA; and\nif the petroleum resource authority is a PL—includes a joint development plan for the overlapping area the subject of the ML (coal); and\nincludes any other information prescribed by regulation.\nAn advance notice must be given to a petroleum resource authority holder within 10 business days after the day the ML (coal) holder applies for the grant of the ML (coal).\ns 121 amd 2016 No. 30 s 22\n(sec.121-ssec.1) An advance notice , for an ML (coal), is a notice that— states that the ML (coal) holder has applied for the grant of the ML (coal); and includes a copy of the application for the ML (coal), other than any statement detailing the applicant’s financial and technical resources; and if the petroleum resource authority is an ATP—identifies any IMA or RMA in the overlapping area, and the mining commencement date for the IMA or RMA; and if the petroleum resource authority is a PL—includes a joint development plan for the overlapping area the subject of the ML (coal); and includes any other information prescribed by regulation.\n(sec.121-ssec.2) An advance notice must be given to a petroleum resource authority holder within 10 business days after the day the ML (coal) holder applies for the grant of the ML (coal).\n- (a) states that the ML (coal) holder has applied for the grant of the ML (coal); and\n- (b) includes a copy of the application for the ML (coal), other than any statement detailing the applicant’s financial and technical resources; and\n- (c) if the petroleum resource authority is an ATP—identifies any IMA or RMA in the overlapping area, and the mining commencement date for the IMA or RMA; and\n- (d) if the petroleum resource authority is a PL—includes a joint development plan for the overlapping area the subject of the ML (coal); and\n- (e) includes any other information prescribed by regulation.","sortOrder":189},{"sectionNumber":"sec.122","sectionType":"section","heading":"18 months notice","content":"### sec.122 18 months notice\n\nAn 18 months notice , for an ML (coal), is a notice that—\nstates that the ML (coal) holder has applied for the grant of the ML (coal) and intends to start carrying out authorised activities for the ML (coal) in an IMA in an overlapping area the subject of the ML (coal); and\nstates the mining commencement date for the IMA; and\nincludes any other information prescribed by regulation.\nAn 18 months notice must be given to an ATP holder at least 18 months before the mining commencement date for the IMA.\nSubject to subsection (2) —\nan 18 months notice may be given at the same time as an advance notice; or\nan 18 months notice and an advance notice may be given as a combined notice.\ns 122 amd 2016 No. 30 s 23\n(sec.122-ssec.1) An 18 months notice , for an ML (coal), is a notice that— states that the ML (coal) holder has applied for the grant of the ML (coal) and intends to start carrying out authorised activities for the ML (coal) in an IMA in an overlapping area the subject of the ML (coal); and states the mining commencement date for the IMA; and includes any other information prescribed by regulation.\n(sec.122-ssec.2) An 18 months notice must be given to an ATP holder at least 18 months before the mining commencement date for the IMA.\n(sec.122-ssec.3) Subject to subsection (2) — an 18 months notice may be given at the same time as an advance notice; or an 18 months notice and an advance notice may be given as a combined notice.\n- (a) states that the ML (coal) holder has applied for the grant of the ML (coal) and intends to start carrying out authorised activities for the ML (coal) in an IMA in an overlapping area the subject of the ML (coal); and\n- (b) states the mining commencement date for the IMA; and\n- (c) includes any other information prescribed by regulation.\n- (a) an 18 months notice may be given at the same time as an advance notice; or\n- (b) an 18 months notice and an advance notice may be given as a combined notice.","sortOrder":190},{"sectionNumber":"sec.123","sectionType":"section","heading":"Confirmation notice","content":"### sec.123 Confirmation notice\n\nA confirmation notice , for an ML (coal), is a notice that—\nstates that the ML (coal) holder intends to start carrying out authorised activities for the ML (coal) in an IMA in an overlapping area the subject of the ML (coal); and\nstates the mining commencement date for the IMA; and\nconfirms the ML (coal) holder will start coal mining operations in the IMA on the date stated under paragraph (b) for the IMA; and\nincludes any other information prescribed by regulation.\nA confirmation notice must be given to a PL holder at least 18 months, but no more than 2 years, before the date stated under subsection (1) (b) for the IMA.\ns 123 amd 2016 No. 30 s 24\n(sec.123-ssec.1) A confirmation notice , for an ML (coal), is a notice that— states that the ML (coal) holder intends to start carrying out authorised activities for the ML (coal) in an IMA in an overlapping area the subject of the ML (coal); and states the mining commencement date for the IMA; and confirms the ML (coal) holder will start coal mining operations in the IMA on the date stated under paragraph (b) for the IMA; and includes any other information prescribed by regulation.\n(sec.123-ssec.2) A confirmation notice must be given to a PL holder at least 18 months, but no more than 2 years, before the date stated under subsection (1) (b) for the IMA.\n- (a) states that the ML (coal) holder intends to start carrying out authorised activities for the ML (coal) in an IMA in an overlapping area the subject of the ML (coal); and\n- (b) states the mining commencement date for the IMA; and\n- (c) confirms the ML (coal) holder will start coal mining operations in the IMA on the date stated under paragraph (b) for the IMA; and\n- (d) includes any other information prescribed by regulation.","sortOrder":191},{"sectionNumber":"sec.124","sectionType":"section","heading":"Sole occupancy of RMA","content":"### sec.124 Sole occupancy of RMA\n\nAn ML (coal) holder has sole occupancy of each RMA for an overlapping area the subject of the ML (coal) from the mining commencement date for the RMA, but only if the ML (coal) holder has given each petroleum resource authority holder an RMA notice for the ML (coal) as required under this division.\ns 124 sub 2016 No. 30 s 25","sortOrder":192},{"sectionNumber":"sec.125","sectionType":"section","heading":"RMA notice","content":"### sec.125 RMA notice\n\nAn RMA notice , for an ML (coal), is a notice that—\nstates that the ML (coal) holder intends to start carrying out authorised activities for the ML (coal) in an RMA in an overlapping area the subject of the ML (coal); and\nstates the mining commencement date for the RMA; and\nconfirms the ML (coal) holder will start coal mining operations in the RMA on the date stated under paragraph (b) for the RMA; and\nincludes any other information prescribed by regulation.\nAn RMA notice must be given to a petroleum resource authority holder at least 18 months before the date stated under subsection (1) (b) for the RMA.\ns 125 amd 2016 No. 30 s 26\n(sec.125-ssec.1) An RMA notice , for an ML (coal), is a notice that— states that the ML (coal) holder intends to start carrying out authorised activities for the ML (coal) in an RMA in an overlapping area the subject of the ML (coal); and states the mining commencement date for the RMA; and confirms the ML (coal) holder will start coal mining operations in the RMA on the date stated under paragraph (b) for the RMA; and includes any other information prescribed by regulation.\n(sec.125-ssec.2) An RMA notice must be given to a petroleum resource authority holder at least 18 months before the date stated under subsection (1) (b) for the RMA.\n- (a) states that the ML (coal) holder intends to start carrying out authorised activities for the ML (coal) in an RMA in an overlapping area the subject of the ML (coal); and\n- (b) states the mining commencement date for the RMA; and\n- (c) confirms the ML (coal) holder will start coal mining operations in the RMA on the date stated under paragraph (b) for the RMA; and\n- (d) includes any other information prescribed by regulation.","sortOrder":193},{"sectionNumber":"sec.126","sectionType":"section","heading":"Joint occupancy of SOZ","content":"### sec.126 Joint occupancy of SOZ\n\nAn ML (coal) holder and a petroleum resource authority holder have joint occupancy of a SOZ for an IMA or RMA for an overlapping area from the mining commencement date for the IMA or RMA.\ns 126 amd 2016 No. 30 s 27","sortOrder":194},{"sectionNumber":"sec.127","sectionType":"section","heading":"Exceptional circumstances notice may be given by petroleum resource authority holder","content":"### sec.127 Exceptional circumstances notice may be given by petroleum resource authority holder\n\nThis section applies if—\na petroleum resource authority holder—\nhas received an advance notice for an ML (coal); or\nhas received a proposal, under section 133 or 146 , to amend an agreed joint development plan to change the size or location of, or the mining commencement date for, an IMA or RMA, but has not yet agreed to the proposal; and\nthe holder considers an extension of the period (the relevant period ) before the ML (coal) holder may carry out authorised activities for the ML (coal) in the IMA or RMA is justified because of the following exceptional circumstances—\nthere are high performing petroleum wells or fields in the IMA or RMA;\nthe relevant period is not sufficient to allow for production of petroleum from the high performing wells or fields at the prescribed threshold.\nThe petroleum resource authority holder may give the ML (coal) holder a notice (an exceptional circumstances notice ) stating—\nthe exceptional circumstances justifying the extension mentioned in subsection (1) (b) ; and\nthe petroleum resource authority holder’s preferred mining commencement date, which must not be more than 5 years after the mining commencement date for the IMA or RMA; and\nany other information prescribed by regulation.\nHowever, if subsection (1) (a) (i) applies, the exceptional circumstances notice must be given within 3 months after the petroleum resource authority holder receives the advance notice.\nThe exceptional circumstances notice must be accompanied by technical data, including, for example, data about production modelling, justifying the preferred mining commencement date.\nThe ML (coal) holder must, within 3 months after receiving the exceptional circumstances notice, give the petroleum resource authority holder a notice stating whether the ML (coal) holder accepts the petroleum resource authority holder’s preferred mining commencement date.\nIf the ML (coal) holder does not accept the petroleum resource authority holder’s preferred mining commencement date under subsection (5) , or claims that exceptional circumstances justifying the extension do not exist, the petroleum resource authority holder may apply for arbitration of the dispute.\nDespite subsection (6) , the petroleum resource authority holder and the ML (coal) holder may jointly apply for arbitration of the dispute at any time.\nIf an ML (coal) holder accepts an ATP holder’s preferred mining commencement date for an IMA or RMA under subsection (5) (the new date ), or a new mining commencement date for an IMA or RMA is established by arbitration (also the new date )—\nthe new date applies as the mining commencement date for the IMA or RMA, including if a PL is granted in relation to the ATP; and\nwithin 20 business days after the new date is accepted or established, the ML (coal) holder must give the chief executive a written notice stating—\nthat exceptional circumstances justifying a new mining commencement date have been accepted by the ML (coal) holder or established by arbitration; and\nthe new mining commencement date; and\nany other information prescribed by regulation.\nIn this section—\nprescribed threshold means the threshold for production of petroleum that is prescribed by regulation.\ns 127 amd 2016 No. 30 s 28\n(sec.127-ssec.1) This section applies if— a petroleum resource authority holder— has received an advance notice for an ML (coal); or has received a proposal, under section 133 or 146 , to amend an agreed joint development plan to change the size or location of, or the mining commencement date for, an IMA or RMA, but has not yet agreed to the proposal; and the holder considers an extension of the period (the relevant period ) before the ML (coal) holder may carry out authorised activities for the ML (coal) in the IMA or RMA is justified because of the following exceptional circumstances— there are high performing petroleum wells or fields in the IMA or RMA; the relevant period is not sufficient to allow for production of petroleum from the high performing wells or fields at the prescribed threshold.\n(sec.127-ssec.2) The petroleum resource authority holder may give the ML (coal) holder a notice (an exceptional circumstances notice ) stating— the exceptional circumstances justifying the extension mentioned in subsection (1) (b) ; and the petroleum resource authority holder’s preferred mining commencement date, which must not be more than 5 years after the mining commencement date for the IMA or RMA; and any other information prescribed by regulation.\n(sec.127-ssec.3) However, if subsection (1) (a) (i) applies, the exceptional circumstances notice must be given within 3 months after the petroleum resource authority holder receives the advance notice.\n(sec.127-ssec.4) The exceptional circumstances notice must be accompanied by technical data, including, for example, data about production modelling, justifying the preferred mining commencement date.\n(sec.127-ssec.5) The ML (coal) holder must, within 3 months after receiving the exceptional circumstances notice, give the petroleum resource authority holder a notice stating whether the ML (coal) holder accepts the petroleum resource authority holder’s preferred mining commencement date.\n(sec.127-ssec.6) If the ML (coal) holder does not accept the petroleum resource authority holder’s preferred mining commencement date under subsection (5) , or claims that exceptional circumstances justifying the extension do not exist, the petroleum resource authority holder may apply for arbitration of the dispute.\n(sec.127-ssec.7) Despite subsection (6) , the petroleum resource authority holder and the ML (coal) holder may jointly apply for arbitration of the dispute at any time.\n(sec.127-ssec.8) If an ML (coal) holder accepts an ATP holder’s preferred mining commencement date for an IMA or RMA under subsection (5) (the new date ), or a new mining commencement date for an IMA or RMA is established by arbitration (also the new date )— the new date applies as the mining commencement date for the IMA or RMA, including if a PL is granted in relation to the ATP; and within 20 business days after the new date is accepted or established, the ML (coal) holder must give the chief executive a written notice stating— that exceptional circumstances justifying a new mining commencement date have been accepted by the ML (coal) holder or established by arbitration; and the new mining commencement date; and any other information prescribed by regulation.\n(sec.127-ssec.9) In this section— prescribed threshold means the threshold for production of petroleum that is prescribed by regulation.\n- (a) a petroleum resource authority holder— (i) has received an advance notice for an ML (coal); or (ii) has received a proposal, under section 133 or 146 , to amend an agreed joint development plan to change the size or location of, or the mining commencement date for, an IMA or RMA, but has not yet agreed to the proposal; and\n- (i) has received an advance notice for an ML (coal); or\n- (ii) has received a proposal, under section 133 or 146 , to amend an agreed joint development plan to change the size or location of, or the mining commencement date for, an IMA or RMA, but has not yet agreed to the proposal; and\n- (b) the holder considers an extension of the period (the relevant period ) before the ML (coal) holder may carry out authorised activities for the ML (coal) in the IMA or RMA is justified because of the following exceptional circumstances— (i) there are high performing petroleum wells or fields in the IMA or RMA; (ii) the relevant period is not sufficient to allow for production of petroleum from the high performing wells or fields at the prescribed threshold.\n- (i) there are high performing petroleum wells or fields in the IMA or RMA;\n- (ii) the relevant period is not sufficient to allow for production of petroleum from the high performing wells or fields at the prescribed threshold.\n- (i) has received an advance notice for an ML (coal); or\n- (ii) has received a proposal, under section 133 or 146 , to amend an agreed joint development plan to change the size or location of, or the mining commencement date for, an IMA or RMA, but has not yet agreed to the proposal; and\n- (i) there are high performing petroleum wells or fields in the IMA or RMA;\n- (ii) the relevant period is not sufficient to allow for production of petroleum from the high performing wells or fields at the prescribed threshold.\n- (a) the exceptional circumstances justifying the extension mentioned in subsection (1) (b) ; and\n- (b) the petroleum resource authority holder’s preferred mining commencement date, which must not be more than 5 years after the mining commencement date for the IMA or RMA; and\n- (c) any other information prescribed by regulation.\n- (a) the new date applies as the mining commencement date for the IMA or RMA, including if a PL is granted in relation to the ATP; and\n- (b) within 20 business days after the new date is accepted or established, the ML (coal) holder must give the chief executive a written notice stating— (i) that exceptional circumstances justifying a new mining commencement date have been accepted by the ML (coal) holder or established by arbitration; and (ii) the new mining commencement date; and (iii) any other information prescribed by regulation.\n- (i) that exceptional circumstances justifying a new mining commencement date have been accepted by the ML (coal) holder or established by arbitration; and\n- (ii) the new mining commencement date; and\n- (iii) any other information prescribed by regulation.\n- (i) that exceptional circumstances justifying a new mining commencement date have been accepted by the ML (coal) holder or established by arbitration; and\n- (ii) the new mining commencement date; and\n- (iii) any other information prescribed by regulation.","sortOrder":195},{"sectionNumber":"sec.128","sectionType":"section","heading":"Acceleration notice may be given by ML (coal) holder","content":"### sec.128 Acceleration notice may be given by ML (coal) holder\n\nThis section applies if an ML (coal) holder considers a mining commencement date for an IMA or RMA should be an earlier date.\nThe ML (coal) holder may give the PL holder a notice (an acceleration notice ) that—\nstates the earlier date; and\nincludes any other information prescribed by regulation.\nThe acceleration notice may be given only in the period—\nstarting on the day an advance notice is given to the PL holder; and\nending on the day that is 18 months before the mining commencement date for the IMA or RMA.\nThe ML (coal) holder must amend any joint development plan that applies to the ML (coal) holder to ensure it is consistent with the acceleration notice.\nThe acceleration notice has effect to change a mining commencement date whether or not the PL holder agrees to the change.\nSee section 167 (1) (a) for the liability of an ML (coal) holder who gives an acceleration notice to a PL holder to compensate the PL holder.\ns 128 amd 2016 No. 30 s 29\n(sec.128-ssec.1) This section applies if an ML (coal) holder considers a mining commencement date for an IMA or RMA should be an earlier date.\n(sec.128-ssec.2) The ML (coal) holder may give the PL holder a notice (an acceleration notice ) that— states the earlier date; and includes any other information prescribed by regulation.\n(sec.128-ssec.3) The acceleration notice may be given only in the period— starting on the day an advance notice is given to the PL holder; and ending on the day that is 18 months before the mining commencement date for the IMA or RMA.\n(sec.128-ssec.4) The ML (coal) holder must amend any joint development plan that applies to the ML (coal) holder to ensure it is consistent with the acceleration notice.\n(sec.128-ssec.5) The acceleration notice has effect to change a mining commencement date whether or not the PL holder agrees to the change. See section 167 (1) (a) for the liability of an ML (coal) holder who gives an acceleration notice to a PL holder to compensate the PL holder.\n- (a) states the earlier date; and\n- (b) includes any other information prescribed by regulation.\n- (a) starting on the day an advance notice is given to the PL holder; and\n- (b) ending on the day that is 18 months before the mining commencement date for the IMA or RMA.","sortOrder":196},{"sectionNumber":"sec.129","sectionType":"section","heading":"Abandonment of sole occupancy of IMA or RMA","content":"### sec.129 Abandonment of sole occupancy of IMA or RMA\n\nThis section applies if an ML (coal) holder no longer requires sole occupancy of the whole or a part of an IMA or RMA for an overlapping area.\nThe ML (coal) holder must give each petroleum resource authority holder for the overlapping area a notice (an abandonment notice ) that—\nidentifies the area of the IMA or RMA for which the ML (coal) holder proposes to abandon sole occupancy; and\nstates the date (the abandonment date ) on which the ML (coal) holder proposes to abandon sole occupancy; and\nincludes any other information prescribed by regulation.\nThe site senior executive for the coal mine must facilitate the petroleum resource authority holder’s access to the area mentioned in subsection (2) (a) from the abandonment date.\nAn abandonment of sole occupancy does not limit—\nany obligation of the ML (coal) holder to carry out rehabilitation or environmental management required of the holder under the Environmental Protection Act ; or\nthe ML (coal) holder’s right to occupy the IMA or RMA to comply with an obligation mentioned in paragraph (a) .\ns 129 amd 2016 No. 30 s 30\n(sec.129-ssec.1) This section applies if an ML (coal) holder no longer requires sole occupancy of the whole or a part of an IMA or RMA for an overlapping area.\n(sec.129-ssec.2) The ML (coal) holder must give each petroleum resource authority holder for the overlapping area a notice (an abandonment notice ) that— identifies the area of the IMA or RMA for which the ML (coal) holder proposes to abandon sole occupancy; and states the date (the abandonment date ) on which the ML (coal) holder proposes to abandon sole occupancy; and includes any other information prescribed by regulation.\n(sec.129-ssec.3) The site senior executive for the coal mine must facilitate the petroleum resource authority holder’s access to the area mentioned in subsection (2) (a) from the abandonment date.\n(sec.129-ssec.4) An abandonment of sole occupancy does not limit— any obligation of the ML (coal) holder to carry out rehabilitation or environmental management required of the holder under the Environmental Protection Act ; or the ML (coal) holder’s right to occupy the IMA or RMA to comply with an obligation mentioned in paragraph (a) .\n- (a) identifies the area of the IMA or RMA for which the ML (coal) holder proposes to abandon sole occupancy; and\n- (b) states the date (the abandonment date ) on which the ML (coal) holder proposes to abandon sole occupancy; and\n- (c) includes any other information prescribed by regulation.\n- (a) any obligation of the ML (coal) holder to carry out rehabilitation or environmental management required of the holder under the Environmental Protection Act ; or\n- (b) the ML (coal) holder’s right to occupy the IMA or RMA to comply with an obligation mentioned in paragraph (a) .","sortOrder":197},{"sectionNumber":"ch.4-pt.2-div.3","sectionType":"division","heading":"Joint development plan","content":"## Joint development plan","sortOrder":198},{"sectionNumber":"sec.130","sectionType":"section","heading":"Requirement for agreed joint development plan","content":"### sec.130 Requirement for agreed joint development plan\n\nThis section applies if an ML (coal) holder gives an advance notice to a PL holder.\nThe ML (coal) holder must ensure—\nwithin 12 months after giving the advance notice to the PL holder or, if an application for arbitration of a dispute is made under section 131 (2) or (3) , within 9 months after the appointment of the arbitrator—there is in place—\na joint development plan that has been agreed with the PL holder; or\nan agreed joint development plan as arbitrated; and\nwithin 20 business days after the agreed joint development plan is in place—written notice is given to the chief executive stating the following—\nthat the plan is in place;\nthe period for which the plan has effect;\nother information prescribed by regulation.\nThe agreed joint development plan must—\nidentify the ML (coal) holder and PL holder under the plan; and\nset out an overview of the activities proposed to be carried out in the overlapping area by the ML (coal) holder, including the location of the activities and when they will start; and\nset out an overview of the activities proposed to be carried out in the overlapping area by the PL holder, including the location of the activities and when they will start; and\nidentify any IMA and RMA for the overlapping area, and any SOZ proposed for any IMA or RMA for the overlapping area; and\nstate the mining commencement date for any IMA or RMA; and\nstate how the activities mentioned in paragraphs (b) and (c) optimise the development and use of the State’s coal and coal seam gas resources; and\nstate the period for which the agreed joint development plan is to have effect; and\ninclude any other information prescribed by regulation.\nFor 2 or more overlapping areas in the area the subject of the ML (coal)—\nto the extent practicable, there may be in place a single agreed joint development plan for 2 or more of the overlapping areas; and\nif there are 2 or more agreed joint development plans in place for the overlapping areas, the ML (coal) holder may give the chief executive a single notice as mentioned in subsection (2) (b) for all the agreed joint development plans.\ns 130 amd 2016 No. 30 s 31\n(sec.130-ssec.1) This section applies if an ML (coal) holder gives an advance notice to a PL holder.\n(sec.130-ssec.2) The ML (coal) holder must ensure— within 12 months after giving the advance notice to the PL holder or, if an application for arbitration of a dispute is made under section 131 (2) or (3) , within 9 months after the appointment of the arbitrator—there is in place— a joint development plan that has been agreed with the PL holder; or an agreed joint development plan as arbitrated; and within 20 business days after the agreed joint development plan is in place—written notice is given to the chief executive stating the following— that the plan is in place; the period for which the plan has effect; other information prescribed by regulation.\n(sec.130-ssec.3) The agreed joint development plan must— identify the ML (coal) holder and PL holder under the plan; and set out an overview of the activities proposed to be carried out in the overlapping area by the ML (coal) holder, including the location of the activities and when they will start; and set out an overview of the activities proposed to be carried out in the overlapping area by the PL holder, including the location of the activities and when they will start; and identify any IMA and RMA for the overlapping area, and any SOZ proposed for any IMA or RMA for the overlapping area; and state the mining commencement date for any IMA or RMA; and state how the activities mentioned in paragraphs (b) and (c) optimise the development and use of the State’s coal and coal seam gas resources; and state the period for which the agreed joint development plan is to have effect; and include any other information prescribed by regulation.\n(sec.130-ssec.4) For 2 or more overlapping areas in the area the subject of the ML (coal)— to the extent practicable, there may be in place a single agreed joint development plan for 2 or more of the overlapping areas; and if there are 2 or more agreed joint development plans in place for the overlapping areas, the ML (coal) holder may give the chief executive a single notice as mentioned in subsection (2) (b) for all the agreed joint development plans.\n- (a) within 12 months after giving the advance notice to the PL holder or, if an application for arbitration of a dispute is made under section 131 (2) or (3) , within 9 months after the appointment of the arbitrator—there is in place— (i) a joint development plan that has been agreed with the PL holder; or (ii) an agreed joint development plan as arbitrated; and\n- (i) a joint development plan that has been agreed with the PL holder; or\n- (ii) an agreed joint development plan as arbitrated; and\n- (b) within 20 business days after the agreed joint development plan is in place—written notice is given to the chief executive stating the following— (i) that the plan is in place; (ii) the period for which the plan has effect; (iii) other information prescribed by regulation.\n- (i) that the plan is in place;\n- (ii) the period for which the plan has effect;\n- (iii) other information prescribed by regulation.\n- (i) a joint development plan that has been agreed with the PL holder; or\n- (ii) an agreed joint development plan as arbitrated; and\n- (i) that the plan is in place;\n- (ii) the period for which the plan has effect;\n- (iii) other information prescribed by regulation.\n- (a) identify the ML (coal) holder and PL holder under the plan; and\n- (b) set out an overview of the activities proposed to be carried out in the overlapping area by the ML (coal) holder, including the location of the activities and when they will start; and\n- (c) set out an overview of the activities proposed to be carried out in the overlapping area by the PL holder, including the location of the activities and when they will start; and\n- (d) identify any IMA and RMA for the overlapping area, and any SOZ proposed for any IMA or RMA for the overlapping area; and\n- (e) state the mining commencement date for any IMA or RMA; and\n- (f) state how the activities mentioned in paragraphs (b) and (c) optimise the development and use of the State’s coal and coal seam gas resources; and\n- (g) state the period for which the agreed joint development plan is to have effect; and\n- (h) include any other information prescribed by regulation.\n- (a) to the extent practicable, there may be in place a single agreed joint development plan for 2 or more of the overlapping areas; and\n- (b) if there are 2 or more agreed joint development plans in place for the overlapping areas, the ML (coal) holder may give the chief executive a single notice as mentioned in subsection (2) (b) for all the agreed joint development plans.","sortOrder":199},{"sectionNumber":"sec.131","sectionType":"section","heading":"Negotiation of agreed joint development plan","content":"### sec.131 Negotiation of agreed joint development plan\n\nA PL holder who receives an advance notice must negotiate in good faith with the ML (coal) holder to enable the ML (coal) holder to give a notice under section 130 (2) (b) .\nIf a PL holder and the ML (coal) holder can not agree on a joint development plan to the extent it relates to a relevant matter within 6 months after the PL holder receives the advance notice, the ML (coal) holder must apply for arbitration of the dispute.\nDespite subsection (2) , the PL holder and the ML (coal) holder may jointly apply for arbitration of the dispute, to the extent it relates to a relevant matter, at any time.\ns 131 amd 2016 No. 30 s 32\n(sec.131-ssec.1) A PL holder who receives an advance notice must negotiate in good faith with the ML (coal) holder to enable the ML (coal) holder to give a notice under section 130 (2) (b) .\n(sec.131-ssec.2) If a PL holder and the ML (coal) holder can not agree on a joint development plan to the extent it relates to a relevant matter within 6 months after the PL holder receives the advance notice, the ML (coal) holder must apply for arbitration of the dispute.\n(sec.131-ssec.3) Despite subsection (2) , the PL holder and the ML (coal) holder may jointly apply for arbitration of the dispute, to the extent it relates to a relevant matter, at any time.","sortOrder":200},{"sectionNumber":"sec.132","sectionType":"section","heading":"Consistency with development plans","content":"### sec.132 Consistency with development plans\n\nThe ML (coal) holder must ensure any development plan under the Mineral Resources Act for the ML (coal) is consistent to the greatest practicable extent with each agreed joint development plan that applies to the ML (coal) holder.\nThe PL holder must ensure any development plan under the P&G Act for the PL is consistent to the greatest practicable extent with each agreed joint development plan that applies to the PL holder.\nThis section applies even if any of the following takes place for the ML (coal) or the PL—\na renewal;\na transfer;\na complete or partial subletting.\ns 132 amd 2016 No. 30 s 33\n(sec.132-ssec.1) The ML (coal) holder must ensure any development plan under the Mineral Resources Act for the ML (coal) is consistent to the greatest practicable extent with each agreed joint development plan that applies to the ML (coal) holder.\n(sec.132-ssec.2) The PL holder must ensure any development plan under the P&G Act for the PL is consistent to the greatest practicable extent with each agreed joint development plan that applies to the PL holder.\n(sec.132-ssec.3) This section applies even if any of the following takes place for the ML (coal) or the PL— a renewal; a transfer; a complete or partial subletting.\n- (a) a renewal;\n- (b) a transfer;\n- (c) a complete or partial subletting.","sortOrder":201},{"sectionNumber":"sec.133","sectionType":"section","heading":"Amendment of agreed joint development plan","content":"### sec.133 Amendment of agreed joint development plan\n\nAn agreed joint development plan may be amended by agreement at any time.\nA resource authority holder mentioned in this division who receives a proposal for an amendment of an agreed joint development plan must negotiate in good faith about the amendment.\nA resource authority holder who can not obtain a proposed amendment of an agreed joint development plan under this section may apply for arbitration of the dispute to the extent it relates to a relevant matter.\nSubsection (5) applies if an amendment of an agreed joint development plan, whether by agreement under this section or by arbitration, provides for a cessation, or significant reduction or increase, of—\nmining under the ML (coal); or\nproduction under the PL.\nWithin 20 business days after making the amendment, the resource authority holders must jointly give the chief executive a written notice that—\nstates the agreed joint development plan has been amended; and\nif there is a cessation or significant reduction of an authorised activity for a resource authority—includes, or is accompanied by, a statement about—\nwhether the cessation or reduction is reasonable in the circumstances; and\nwhether the resource authority holders have taken all reasonable steps to prevent the cessation or reduction.\ns 133 amd 2016 No. 30 s 34\n(sec.133-ssec.1) An agreed joint development plan may be amended by agreement at any time.\n(sec.133-ssec.2) A resource authority holder mentioned in this division who receives a proposal for an amendment of an agreed joint development plan must negotiate in good faith about the amendment.\n(sec.133-ssec.3) A resource authority holder who can not obtain a proposed amendment of an agreed joint development plan under this section may apply for arbitration of the dispute to the extent it relates to a relevant matter.\n(sec.133-ssec.4) Subsection (5) applies if an amendment of an agreed joint development plan, whether by agreement under this section or by arbitration, provides for a cessation, or significant reduction or increase, of— mining under the ML (coal); or production under the PL.\n(sec.133-ssec.5) Within 20 business days after making the amendment, the resource authority holders must jointly give the chief executive a written notice that— states the agreed joint development plan has been amended; and if there is a cessation or significant reduction of an authorised activity for a resource authority—includes, or is accompanied by, a statement about— whether the cessation or reduction is reasonable in the circumstances; and whether the resource authority holders have taken all reasonable steps to prevent the cessation or reduction.\n- (a) mining under the ML (coal); or\n- (b) production under the PL.\n- (a) states the agreed joint development plan has been amended; and\n- (b) if there is a cessation or significant reduction of an authorised activity for a resource authority—includes, or is accompanied by, a statement about— (i) whether the cessation or reduction is reasonable in the circumstances; and (ii) whether the resource authority holders have taken all reasonable steps to prevent the cessation or reduction.\n- (i) whether the cessation or reduction is reasonable in the circumstances; and\n- (ii) whether the resource authority holders have taken all reasonable steps to prevent the cessation or reduction.\n- (i) whether the cessation or reduction is reasonable in the circumstances; and\n- (ii) whether the resource authority holders have taken all reasonable steps to prevent the cessation or reduction.","sortOrder":202},{"sectionNumber":"sec.134","sectionType":"section","heading":"Authorised activities allowed only if consistent with agreed joint development plan","content":"### sec.134 Authorised activities allowed only if consistent with agreed joint development plan\n\nThis section applies if an agreed joint development plan applies to an ML (coal) holder and a PL holder.\nThe ML (coal) holder may carry out an authorised activity for the ML (coal) in an overlapping area the subject of the ML (coal) only if carrying out the activity is consistent with the agreed joint development plan.\nThe PL holder may carry out an authorised activity for the PL in an overlapping area the subject of the PL only if carrying out the activity is consistent with the agreed joint development plan.\nTo remove any doubt, it is declared that if an ML (coal) holder has given an advance notice to a PL holder and there is no agreed joint development plan that applies to the ML (coal) holder and the PL holder, the PL holder may carry out an authorised activity for the PL in the overlapping area the subject of the PL and ML (coal) if carrying out the activity is consistent with each development plan under the P&G Act that applies to the PL holder.\ns 134 sub 2016 No. 30 s 35\n(sec.134-ssec.1) This section applies if an agreed joint development plan applies to an ML (coal) holder and a PL holder.\n(sec.134-ssec.2) The ML (coal) holder may carry out an authorised activity for the ML (coal) in an overlapping area the subject of the ML (coal) only if carrying out the activity is consistent with the agreed joint development plan.\n(sec.134-ssec.3) The PL holder may carry out an authorised activity for the PL in an overlapping area the subject of the PL only if carrying out the activity is consistent with the agreed joint development plan.\n(sec.134-ssec.4) To remove any doubt, it is declared that if an ML (coal) holder has given an advance notice to a PL holder and there is no agreed joint development plan that applies to the ML (coal) holder and the PL holder, the PL holder may carry out an authorised activity for the PL in the overlapping area the subject of the PL and ML (coal) if carrying out the activity is consistent with each development plan under the P&G Act that applies to the PL holder.","sortOrder":203},{"sectionNumber":"sec.135","sectionType":"section","heading":"Condition of authorities","content":"### sec.135 Condition of authorities\n\nIt is a condition of both an ML (coal) and a PL that the holder must comply with each agreed joint development plan that applies to the holder.\ns 135 amd 2016 No. 30 s 36","sortOrder":204},{"sectionNumber":"ch.4-pt.2-div.4","sectionType":"division","heading":"Incidental coal seam gas","content":"## Incidental coal seam gas","sortOrder":205},{"sectionNumber":"sec.136","sectionType":"section","heading":"Definitions for division","content":"### sec.136 Definitions for division\n\nIn this division—\ndiluted incidental coal seam gas means incidental coal seam gas that is subject to air contamination.\nDiluted incidental coal seam gas will generally result from using underground in-seam and goaf drainage techniques for gas production.\nundiluted incidental coal seam gas means incidental coal seam gas that is free of air contamination.\nUndiluted incidental coal seam gas will generally result from using surface to in-seam techniques for gas production.\ns 136 amd 2020 No. 14 s 218 sch 1","sortOrder":206},{"sectionNumber":"sec.137","sectionType":"section","heading":"Resource optimisation","content":"### sec.137 Resource optimisation\n\nAn ML (coal) holder must, in relation to incidental coal seam gas in an overlapping area that is subject to the ML (coal), use reasonable endeavours to—\nminimise unnecessary contamination or dilution of the incidental coal seam gas; and\nmaximise production of undiluted incidental coal seam gas.\n- (a) minimise unnecessary contamination or dilution of the incidental coal seam gas; and\n- (b) maximise production of undiluted incidental coal seam gas.","sortOrder":207},{"sectionNumber":"sec.138","sectionType":"section","heading":"Right of first refusal","content":"### sec.138 Right of first refusal\n\nAn ML (coal) holder must offer to supply, on reasonable terms, any incidental coal seam gas in an overlapping area that is subject to the ML (coal), to which the ML (coal) holder is otherwise entitled under the Mineral Resources Act , section 318CN , to a petroleum resource authority holder in the overlapping area.\nThe ML (coal) holder must make the offer by giving the petroleum resource authority holder written notice of the offer—\nfor undiluted incidental coal seam gas in an IMA in the overlapping area—as early as practicable; or\nfor diluted incidental coal seam gas in an IMA in the overlapping area—when the ML (coal) holder gives the petroleum resource authority holder—\nif the petroleum resource authority is a PL holder—a confirmation notice; or\nif the petroleum resource authority is an ATP holder—an 18 months notice; or\nfor undiluted or diluted incidental coal seam gas in an RMA in the overlapping area—when the ML (coal) holder gives the petroleum resource authority holder the RMA notice.\nThe petroleum resource authority holder may accept the offer—\nfor an offer made under subsection (2) (a) or (b) —within 12 months after receiving the notice, or a later period agreed to by the ML (coal) holder; or\nfor an offer made under subsection (2) (c) —within 3 months after receiving the notice, or a later period agreed to by the ML (coal) holder.\nIf the petroleum resource authority holder accepts the offer, the petroleum resource authority holder must—\nenter into a contract with the ML (coal) holder for delivery of the gas; and\ntake supply of the gas within 2 years after accepting the offer, or a later period agreed to by the ML (coal) holder; and\npay the ML (coal) holder the amount of royalty that is payable for the gas under the Mineral Resources Act , section 320 .\nA contract mentioned in subsection (4) (a) must include the matters prescribed by regulation.\nIf the petroleum resource authority holder does not accept the offer under subsection (3) , or take supply of the gas under subsection (4) , the ML (coal) holder may use the gas under the Mineral Resources Act , section 318CN .\nHowever, if the ML (coal) holder has not, under the Mineral Resources Act , section 318CN , used gas offered to a petroleum resource authority holder under subsection (2) (a) within 12 months after becoming entitled to use the gas under subsection (6) , the ML (coal) holder must not use the gas under the Mineral Resources Act , section 318CN until—\nthe ML (coal) holder re-offers to supply the gas to the petroleum resource authority holder; and\neither—\nthe petroleum resource authority holder rejects the re-offer; or\n3 months, or a longer period agreed to by the ML (coal) holder, elapses after the re-offer is made without the petroleum resource authority holder accepting the re-offer.\nA notice of offer under subsection (2) , or a notice of re-offer under subsection (7) , must include the matters prescribed by regulation.\nThis section does not limit or otherwise affect the obligations imposed on a petroleum resource authority holder under the P&G Act .\n(sec.138-ssec.1) An ML (coal) holder must offer to supply, on reasonable terms, any incidental coal seam gas in an overlapping area that is subject to the ML (coal), to which the ML (coal) holder is otherwise entitled under the Mineral Resources Act , section 318CN , to a petroleum resource authority holder in the overlapping area.\n(sec.138-ssec.2) The ML (coal) holder must make the offer by giving the petroleum resource authority holder written notice of the offer— for undiluted incidental coal seam gas in an IMA in the overlapping area—as early as practicable; or for diluted incidental coal seam gas in an IMA in the overlapping area—when the ML (coal) holder gives the petroleum resource authority holder— if the petroleum resource authority is a PL holder—a confirmation notice; or if the petroleum resource authority is an ATP holder—an 18 months notice; or for undiluted or diluted incidental coal seam gas in an RMA in the overlapping area—when the ML (coal) holder gives the petroleum resource authority holder the RMA notice.\n(sec.138-ssec.3) The petroleum resource authority holder may accept the offer— for an offer made under subsection (2) (a) or (b) —within 12 months after receiving the notice, or a later period agreed to by the ML (coal) holder; or for an offer made under subsection (2) (c) —within 3 months after receiving the notice, or a later period agreed to by the ML (coal) holder.\n(sec.138-ssec.4) If the petroleum resource authority holder accepts the offer, the petroleum resource authority holder must— enter into a contract with the ML (coal) holder for delivery of the gas; and take supply of the gas within 2 years after accepting the offer, or a later period agreed to by the ML (coal) holder; and pay the ML (coal) holder the amount of royalty that is payable for the gas under the Mineral Resources Act , section 320 .\n(sec.138-ssec.5) A contract mentioned in subsection (4) (a) must include the matters prescribed by regulation.\n(sec.138-ssec.6) If the petroleum resource authority holder does not accept the offer under subsection (3) , or take supply of the gas under subsection (4) , the ML (coal) holder may use the gas under the Mineral Resources Act , section 318CN .\n(sec.138-ssec.7) However, if the ML (coal) holder has not, under the Mineral Resources Act , section 318CN , used gas offered to a petroleum resource authority holder under subsection (2) (a) within 12 months after becoming entitled to use the gas under subsection (6) , the ML (coal) holder must not use the gas under the Mineral Resources Act , section 318CN until— the ML (coal) holder re-offers to supply the gas to the petroleum resource authority holder; and either— the petroleum resource authority holder rejects the re-offer; or 3 months, or a longer period agreed to by the ML (coal) holder, elapses after the re-offer is made without the petroleum resource authority holder accepting the re-offer.\n(sec.138-ssec.8) A notice of offer under subsection (2) , or a notice of re-offer under subsection (7) , must include the matters prescribed by regulation.\n(sec.138-ssec.9) This section does not limit or otherwise affect the obligations imposed on a petroleum resource authority holder under the P&G Act .\n- (a) for undiluted incidental coal seam gas in an IMA in the overlapping area—as early as practicable; or\n- (b) for diluted incidental coal seam gas in an IMA in the overlapping area—when the ML (coal) holder gives the petroleum resource authority holder— (i) if the petroleum resource authority is a PL holder—a confirmation notice; or (ii) if the petroleum resource authority is an ATP holder—an 18 months notice; or\n- (i) if the petroleum resource authority is a PL holder—a confirmation notice; or\n- (ii) if the petroleum resource authority is an ATP holder—an 18 months notice; or\n- (c) for undiluted or diluted incidental coal seam gas in an RMA in the overlapping area—when the ML (coal) holder gives the petroleum resource authority holder the RMA notice.\n- (i) if the petroleum resource authority is a PL holder—a confirmation notice; or\n- (ii) if the petroleum resource authority is an ATP holder—an 18 months notice; or\n- (a) for an offer made under subsection (2) (a) or (b) —within 12 months after receiving the notice, or a later period agreed to by the ML (coal) holder; or\n- (b) for an offer made under subsection (2) (c) —within 3 months after receiving the notice, or a later period agreed to by the ML (coal) holder.\n- (a) enter into a contract with the ML (coal) holder for delivery of the gas; and\n- (b) take supply of the gas within 2 years after accepting the offer, or a later period agreed to by the ML (coal) holder; and\n- (c) pay the ML (coal) holder the amount of royalty that is payable for the gas under the Mineral Resources Act , section 320 .\n- (a) the ML (coal) holder re-offers to supply the gas to the petroleum resource authority holder; and\n- (b) either— (i) the petroleum resource authority holder rejects the re-offer; or (ii) 3 months, or a longer period agreed to by the ML (coal) holder, elapses after the re-offer is made without the petroleum resource authority holder accepting the re-offer.\n- (i) the petroleum resource authority holder rejects the re-offer; or\n- (ii) 3 months, or a longer period agreed to by the ML (coal) holder, elapses after the re-offer is made without the petroleum resource authority holder accepting the re-offer.\n- (i) the petroleum resource authority holder rejects the re-offer; or\n- (ii) 3 months, or a longer period agreed to by the ML (coal) holder, elapses after the re-offer is made without the petroleum resource authority holder accepting the re-offer.","sortOrder":208},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Subsequent petroleum production","content":"# Subsequent petroleum production","sortOrder":209},{"sectionNumber":"sec.139","sectionType":"section","heading":"Definitions for part","content":"### sec.139 Definitions for part\n\nIn this part—\nEP (coal) means a corresponding column 2 resource authority for a PL, mentioned in the table for this part, that is an exploration permit (coal).\nEP (coal) holder means the holder of an EP (coal).\nMDL (coal) means a corresponding column 2 resource authority for a PL, mentioned in the table for this part, that is an MDL (coal).\nMDL (coal) holder means the holder of an MDL (coal).\nML (coal) means a corresponding column 2 resource authority for a PL, mentioned in the table for this part, that is a mining lease (coal).\nML (coal) holder means the holder of an ML (coal).\nPL means a column 1 resource authority, mentioned in the table for this part, that is a petroleum lease (csg).\nPL holder means the holder of a PL.\nThe PL holder may or may not hold an ATP for the overlapping area that is the subject of the PL.\ns 139 amd 2016 No. 30 s 37 ; 2020 No. 14 s 218 sch 1","sortOrder":210},{"sectionNumber":"sec.140","sectionType":"section","heading":"Table for part","content":"### sec.140 Table for part\n\nThe following table applies for this part—\nColumn 1\nColumn 2\npetroleum lease (csg)\nany of the following—\nexploration permit (coal);\nmineral development licence (coal);\nmining lease (coal)\ns 140 amd 2020 No. 14 s 218 sch 1","sortOrder":211},{"sectionNumber":"sec.141","sectionType":"section","heading":"Petroleum production notice","content":"### sec.141 Petroleum production notice\n\nA PL holder must give a coal resource authority holder a notice (a petroleum production notice ) that—\nstates that the PL holder has applied for the grant of the PL; and\nincludes a copy of the application for the PL, other than any statement detailing the applicant’s financial and technical resources; and\nif the coal resource authority is an ML (coal)—includes a proposed joint development plan; and\nincludes any other information prescribed by regulation.\nA petroleum production notice must be given to a coal resource authority holder within 10 business days after the day the PL holder applies for the grant of the PL.\ns 141 amd 2016 No. 30 s 38\n(sec.141-ssec.1) A PL holder must give a coal resource authority holder a notice (a petroleum production notice ) that— states that the PL holder has applied for the grant of the PL; and includes a copy of the application for the PL, other than any statement detailing the applicant’s financial and technical resources; and if the coal resource authority is an ML (coal)—includes a proposed joint development plan; and includes any other information prescribed by regulation.\n(sec.141-ssec.2) A petroleum production notice must be given to a coal resource authority holder within 10 business days after the day the PL holder applies for the grant of the PL.\n- (a) states that the PL holder has applied for the grant of the PL; and\n- (b) includes a copy of the application for the PL, other than any statement detailing the applicant’s financial and technical resources; and\n- (c) if the coal resource authority is an ML (coal)—includes a proposed joint development plan; and\n- (d) includes any other information prescribed by regulation.","sortOrder":212},{"sectionNumber":"sec.142","sectionType":"section","heading":"Requirement for agreed joint development plan","content":"### sec.142 Requirement for agreed joint development plan\n\nThis section applies if a PL holder gives a petroleum production notice to an ML (coal) holder.\nThe PL holder must ensure—\nwithin 12 months after giving the petroleum production notice to the ML (coal) holder or, if an application for arbitration of a dispute is made under section 144 (2) or (3) , within 9 months after the appointment of the arbitrator—there is in place—\na joint development plan that has been agreed with the ML (coal) holder; or\nan agreed joint development plan as arbitrated; and\nwithin 20 business days after the agreed joint development plan is in place—written notice is given to the chief executive stating the following—\nthat the plan is in place;\nthe period for which the plan has effect;\nother information prescribed by regulation.\nThe agreed joint development plan must—\nidentify the ML (coal) holder and PL holder under the plan; and\nset out an overview of the activities proposed to be carried out in the overlapping area by the ML (coal) holder and PL holder, including the location of the activities and when they will start; and\nidentify any IMA and RMA for the overlapping area, and any SOZ for any IMA or RMA for the overlapping area; and\nstate the mining commencement date for any IMA or RMA; and\nstate how the activities mentioned in paragraph (b) optimise the development and use of the State’s coal and coal seam gas resources; and\nstate the period for which the agreed joint development plan is to have effect; and\ninclude any other information prescribed by regulation.\ns 142 amd 2016 No. 30 s 39\n(sec.142-ssec.1) This section applies if a PL holder gives a petroleum production notice to an ML (coal) holder.\n(sec.142-ssec.2) The PL holder must ensure— within 12 months after giving the petroleum production notice to the ML (coal) holder or, if an application for arbitration of a dispute is made under section 144 (2) or (3) , within 9 months after the appointment of the arbitrator—there is in place— a joint development plan that has been agreed with the ML (coal) holder; or an agreed joint development plan as arbitrated; and within 20 business days after the agreed joint development plan is in place—written notice is given to the chief executive stating the following— that the plan is in place; the period for which the plan has effect; other information prescribed by regulation.\n(sec.142-ssec.3) The agreed joint development plan must— identify the ML (coal) holder and PL holder under the plan; and set out an overview of the activities proposed to be carried out in the overlapping area by the ML (coal) holder and PL holder, including the location of the activities and when they will start; and identify any IMA and RMA for the overlapping area, and any SOZ for any IMA or RMA for the overlapping area; and state the mining commencement date for any IMA or RMA; and state how the activities mentioned in paragraph (b) optimise the development and use of the State’s coal and coal seam gas resources; and state the period for which the agreed joint development plan is to have effect; and include any other information prescribed by regulation. s 142 amd 2016 No. 30 s 39\n- (a) within 12 months after giving the petroleum production notice to the ML (coal) holder or, if an application for arbitration of a dispute is made under section 144 (2) or (3) , within 9 months after the appointment of the arbitrator—there is in place— (i) a joint development plan that has been agreed with the ML (coal) holder; or (ii) an agreed joint development plan as arbitrated; and\n- (i) a joint development plan that has been agreed with the ML (coal) holder; or\n- (ii) an agreed joint development plan as arbitrated; and\n- (b) within 20 business days after the agreed joint development plan is in place—written notice is given to the chief executive stating the following— (i) that the plan is in place; (ii) the period for which the plan has effect; (iii) other information prescribed by regulation.\n- (i) that the plan is in place;\n- (ii) the period for which the plan has effect;\n- (iii) other information prescribed by regulation.\n- (i) a joint development plan that has been agreed with the ML (coal) holder; or\n- (ii) an agreed joint development plan as arbitrated; and\n- (i) that the plan is in place;\n- (ii) the period for which the plan has effect;\n- (iii) other information prescribed by regulation.\n- (a) identify the ML (coal) holder and PL holder under the plan; and\n- (b) set out an overview of the activities proposed to be carried out in the overlapping area by the ML (coal) holder and PL holder, including the location of the activities and when they will start; and\n- (c) identify any IMA and RMA for the overlapping area, and any SOZ for any IMA or RMA for the overlapping area; and\n- (d) state the mining commencement date for any IMA or RMA; and\n- (e) state how the activities mentioned in paragraph (b) optimise the development and use of the State’s coal and coal seam gas resources; and\n- (f) state the period for which the agreed joint development plan is to have effect; and\n- (g) include any other information prescribed by regulation.","sortOrder":213},{"sectionNumber":"sec.142A","sectionType":"section","heading":"Petroleum production notice given more than 6 months after advance notice","content":"### sec.142A Petroleum production notice given more than 6 months after advance notice\n\nThis section applies if—\nan EP (coal) holder or MDL (coal) holder gave an advance notice for an ML (coal) to an ATP holder under part 2 in relation to an overlapping area; and\na petroleum production notice in relation to the overlapping area was given under this part more than 6 months after the giving of the advance notice; and\nthe PL is granted, but the ML (coal) has not yet been granted.\nThe mining commencement date for an IMA in the overlapping area must be taken to be the date that is the earlier of the following—\nthe end of 9 years after the giving of the advance notice;\nthe end of 11 years after the giving of the advance notice, less the period between the giving of the advance notice and the giving of the petroleum production notice.\nThis section does not limit—\nthe changing of the mining commencement date for the IMA in the way mentioned in section 115 (1) (b) or (c) ; or\nthe power of the petroleum resource authority holder to give an exceptional circumstances notice under section 127 ; or\nthe power of the ML (coal) holder to give an acceleration notice under section 128 .\ns 142A ins 2014 No. 64 s 8B\namd 2016 No. 30 s 40\n(sec.142A-ssec.1) This section applies if— an EP (coal) holder or MDL (coal) holder gave an advance notice for an ML (coal) to an ATP holder under part 2 in relation to an overlapping area; and a petroleum production notice in relation to the overlapping area was given under this part more than 6 months after the giving of the advance notice; and the PL is granted, but the ML (coal) has not yet been granted.\n(sec.142A-ssec.2) The mining commencement date for an IMA in the overlapping area must be taken to be the date that is the earlier of the following— the end of 9 years after the giving of the advance notice; the end of 11 years after the giving of the advance notice, less the period between the giving of the advance notice and the giving of the petroleum production notice.\n(sec.142A-ssec.3) This section does not limit— the changing of the mining commencement date for the IMA in the way mentioned in section 115 (1) (b) or (c) ; or the power of the petroleum resource authority holder to give an exceptional circumstances notice under section 127 ; or the power of the ML (coal) holder to give an acceleration notice under section 128 .\n- (a) an EP (coal) holder or MDL (coal) holder gave an advance notice for an ML (coal) to an ATP holder under part 2 in relation to an overlapping area; and\n- (b) a petroleum production notice in relation to the overlapping area was given under this part more than 6 months after the giving of the advance notice; and\n- (c) the PL is granted, but the ML (coal) has not yet been granted.\n- (a) the end of 9 years after the giving of the advance notice;\n- (b) the end of 11 years after the giving of the advance notice, less the period between the giving of the advance notice and the giving of the petroleum production notice.\n- (a) the changing of the mining commencement date for the IMA in the way mentioned in section 115 (1) (b) or (c) ; or\n- (b) the power of the petroleum resource authority holder to give an exceptional circumstances notice under section 127 ; or\n- (c) the power of the ML (coal) holder to give an acceleration notice under section 128 .","sortOrder":214},{"sectionNumber":"sec.143","sectionType":"section","heading":null,"content":"### Section sec.143\n\ns 143 om 2016 No. 30 s 41","sortOrder":215},{"sectionNumber":"sec.144","sectionType":"section","heading":"Negotiation of agreed joint development plan","content":"### sec.144 Negotiation of agreed joint development plan\n\nAn ML (coal) holder who receives a petroleum production notice that includes a proposed joint development plan must negotiate in good faith with the PL holder to enable the PL holder to give a notice under section 142 (2) (b) .\nIf an ML (coal) holder and the PL holder can not agree on a joint development plan to the extent it relates to a relevant matter within 6 months after the ML (coal) holder receives the petroleum production notice, the PL holder must apply for arbitration of the dispute.\nDespite subsection (2) , the ML (coal) holder and the PL holder may jointly apply for arbitration of the dispute, to the extent it relates to a relevant matter, at any time.\ns 144 amd 2016 No. 30 s 42\n(sec.144-ssec.1) An ML (coal) holder who receives a petroleum production notice that includes a proposed joint development plan must negotiate in good faith with the PL holder to enable the PL holder to give a notice under section 142 (2) (b) .\n(sec.144-ssec.2) If an ML (coal) holder and the PL holder can not agree on a joint development plan to the extent it relates to a relevant matter within 6 months after the ML (coal) holder receives the petroleum production notice, the PL holder must apply for arbitration of the dispute.\n(sec.144-ssec.3) Despite subsection (2) , the ML (coal) holder and the PL holder may jointly apply for arbitration of the dispute, to the extent it relates to a relevant matter, at any time.","sortOrder":216},{"sectionNumber":"sec.145","sectionType":"section","heading":"Consistency of development plans","content":"### sec.145 Consistency of development plans\n\nThis section applies if the PL holder is granted a PL for the overlapping area.\nThe PL holder must ensure any development plan under the P&G Act for the PL is consistent to the greatest practicable extent with each agreed joint development plan that applies to the PL holder.\nThe ML (coal) holder must ensure any development plan under the Mineral Resources Act for the ML (coal) is consistent to the greatest practicable extent with each agreed joint development plan that applies to the ML (coal) holder.\nThis section applies even if any of the following takes place for the PL or the ML (coal)—\na renewal;\na transfer;\na complete or partial subletting.\n(sec.145-ssec.1) This section applies if the PL holder is granted a PL for the overlapping area.\n(sec.145-ssec.2) The PL holder must ensure any development plan under the P&G Act for the PL is consistent to the greatest practicable extent with each agreed joint development plan that applies to the PL holder.\n(sec.145-ssec.3) The ML (coal) holder must ensure any development plan under the Mineral Resources Act for the ML (coal) is consistent to the greatest practicable extent with each agreed joint development plan that applies to the ML (coal) holder.\n(sec.145-ssec.4) This section applies even if any of the following takes place for the PL or the ML (coal)— a renewal; a transfer; a complete or partial subletting.\n- (a) a renewal;\n- (b) a transfer;\n- (c) a complete or partial subletting.","sortOrder":217},{"sectionNumber":"sec.146","sectionType":"section","heading":"Amendment of agreed joint development plan","content":"### sec.146 Amendment of agreed joint development plan\n\nAn agreed joint development plan may be amended by agreement at any time.\nA resource authority holder mentioned in this part who receives a proposal for an amendment of an agreed joint development plan must negotiate in good faith about the amendment.\nA resource authority holder who can not obtain a proposed amendment of an agreed joint development plan under this section may apply for arbitration of the dispute to the extent it relates to a relevant matter.\nSubsection (5) applies if an amendment of an agreed joint development plan, whether by agreement under this section or by arbitration, provides for a cessation, or significant reduction or increase, of—\nmining under the ML (coal); or\nproduction under the PL.\nWithin 20 business days after making the amendment, the resource authority holders must jointly give the chief executive a written notice that—\nstates that the joint development plan has been amended; and\nif there is a cessation or significant reduction of mining under the ML (coal) or production under the PL—includes, or is accompanied by, a statement about—\nwhether the cessation or reduction is reasonable in the circumstances; and\nwhether the resource authority holders have taken all reasonable steps to prevent the cessation or reduction.\ns 146 amd 2016 No. 30 s 43\n(sec.146-ssec.1) An agreed joint development plan may be amended by agreement at any time.\n(sec.146-ssec.2) A resource authority holder mentioned in this part who receives a proposal for an amendment of an agreed joint development plan must negotiate in good faith about the amendment.\n(sec.146-ssec.3) A resource authority holder who can not obtain a proposed amendment of an agreed joint development plan under this section may apply for arbitration of the dispute to the extent it relates to a relevant matter.\n(sec.146-ssec.4) Subsection (5) applies if an amendment of an agreed joint development plan, whether by agreement under this section or by arbitration, provides for a cessation, or significant reduction or increase, of— mining under the ML (coal); or production under the PL.\n(sec.146-ssec.5) Within 20 business days after making the amendment, the resource authority holders must jointly give the chief executive a written notice that— states that the joint development plan has been amended; and if there is a cessation or significant reduction of mining under the ML (coal) or production under the PL—includes, or is accompanied by, a statement about— whether the cessation or reduction is reasonable in the circumstances; and whether the resource authority holders have taken all reasonable steps to prevent the cessation or reduction.\n- (a) mining under the ML (coal); or\n- (b) production under the PL.\n- (a) states that the joint development plan has been amended; and\n- (b) if there is a cessation or significant reduction of mining under the ML (coal) or production under the PL—includes, or is accompanied by, a statement about— (i) whether the cessation or reduction is reasonable in the circumstances; and (ii) whether the resource authority holders have taken all reasonable steps to prevent the cessation or reduction.\n- (i) whether the cessation or reduction is reasonable in the circumstances; and\n- (ii) whether the resource authority holders have taken all reasonable steps to prevent the cessation or reduction.\n- (i) whether the cessation or reduction is reasonable in the circumstances; and\n- (ii) whether the resource authority holders have taken all reasonable steps to prevent the cessation or reduction.","sortOrder":218},{"sectionNumber":"sec.147","sectionType":"section","heading":"Authorised activities allowed only if consistent with agreed joint development plan","content":"### sec.147 Authorised activities allowed only if consistent with agreed joint development plan\n\nThis section applies if an agreed joint development plan applies to a PL holder and an ML (coal) holder.\nThe PL holder may carry out an authorised activity for the PL in an overlapping area the subject of the PL only if carrying out the activity is consistent with the agreed joint development plan.\nThe ML (coal) holder may carry out an authorised activity for the ML (coal) in an overlapping area the subject of the ML (coal) only if carrying out the activity is consistent with the agreed joint development plan.\nTo remove any doubt, it is declared that if a PL holder has given a petroleum production notice to an ML (coal) holder and there is no agreed joint development plan that applies to the PL holder and the ML (coal) holder, the ML (coal) holder may carry out an authorised activity for the ML (coal) in the overlapping area the subject of the ML (coal) and PL if carrying out the activity is consistent with each development plan under the Mineral Resources Act that applies to the ML (coal) holder.\ns 147 sub 2016 No. 30 s 44\n(sec.147-ssec.1) This section applies if an agreed joint development plan applies to a PL holder and an ML (coal) holder.\n(sec.147-ssec.2) The PL holder may carry out an authorised activity for the PL in an overlapping area the subject of the PL only if carrying out the activity is consistent with the agreed joint development plan.\n(sec.147-ssec.3) The ML (coal) holder may carry out an authorised activity for the ML (coal) in an overlapping area the subject of the ML (coal) only if carrying out the activity is consistent with the agreed joint development plan.\n(sec.147-ssec.4) To remove any doubt, it is declared that if a PL holder has given a petroleum production notice to an ML (coal) holder and there is no agreed joint development plan that applies to the PL holder and the ML (coal) holder, the ML (coal) holder may carry out an authorised activity for the ML (coal) in the overlapping area the subject of the ML (coal) and PL if carrying out the activity is consistent with each development plan under the Mineral Resources Act that applies to the ML (coal) holder.","sortOrder":219},{"sectionNumber":"sec.148","sectionType":"section","heading":"Condition of authorities","content":"### sec.148 Condition of authorities\n\nIt is a condition of both a PL and an ML (coal) that the holder must comply with each agreed joint development plan that applies to the holder.","sortOrder":220},{"sectionNumber":"sec.148A","sectionType":"section","heading":"Modification of particular provisions if preferred tenderer appointed","content":"### sec.148A Modification of particular provisions if preferred tenderer appointed\n\nThis section applies if—\nthe Minister publishes a call for tenders for a petroleum lease under the P&G Act , section 127 ; and\nthe Minister appoints a preferred tenderer on the tenders made in response to the call.\nFor applying the requirements under this chapter—\nthe only PL holder required to give a petroleum production notice to a coal resource authority holder under section 141 (1) is the PL holder appointed under the P&G Act , chapter 2 , part 2 , division 3 , subdivision 3 as the preferred tenderer; and\ndespite section 141 (1) (c) , a petroleum production notice given by a PL holder mentioned in paragraph (a) is not required to include a proposed joint development plan; and\na PL holder mentioned in paragraph (a) complies with section 141 (2) if the PL holder gives the petroleum production notice to the coal resource authority holder within 10 business days after the PL holder is appointed as preferred tenderer; and\na PL holder mentioned in paragraph (a) is not required to comply with section 142 ; and\nthe coal resource authority holder given a petroleum production notice by a PL holder under paragraph (c) complies with section 121 (2) if the coal resource authority holder gives an advance notice to the PL holder within 30 business days after the petroleum production notice is given to the coal resource authority holder; and\nan advance notice mentioned in paragraph (e) complies with section 121 (1) if the notice—\nstates that the ML (coal) holder has applied for the grant of the ML (coal); and\nincludes a copy of the application for the ML (coal), other than any statement detailing the applicant’s financial and technical resources; and\nincludes a proposed joint development plan for the overlapping area the subject of the ML (coal); and\nif a proposed joint development plan mentioned in paragraph (f) (iii) identifies an IMA for the overlapping area, the mining commencement date for the identified IMA must be at least 11 years after the date on which the ML (coal) holder applied for the grant of the ML (coal); and\na PL holder mentioned in paragraph (a) complies with section 154 (3) (a) if the PL holder gives the information required to be given under section 154 within 20 business days after the PL holder gives the petroleum production notice to the coal resource authority holder; and\na coal resource authority holder given a petroleum production notice under paragraph (c) complies with section 154 (3) (a) if the coal resource authority holder gives the information required to be given under section 154 within 20 business days after the coal resource authority holder is given the petroleum production notice.\nTo remove any doubt, it is declared that—\nthis section does not limit the changing of the mining commencement date for the IMA mentioned in subsection (2) (g) in the way mentioned in section 115 (1) (b) or (c) ; and\nsection 156 applies in relation to information—\ngiven by a PL holder mentioned in this section to a coal resource authority holder mentioned in this section; or\ngiven by a coal resource authority holder mentioned in this section to a PL holder mentioned in this section.\nThis section applies whether the preferred tenderer mentioned in subsection (1) (b) was appointed before or after the commencement of this section.\ns 148A ins 2017 No. 34 s 76\n(sec.148A-ssec.1) This section applies if— the Minister publishes a call for tenders for a petroleum lease under the P&G Act , section 127 ; and the Minister appoints a preferred tenderer on the tenders made in response to the call.\n(sec.148A-ssec.2) For applying the requirements under this chapter— the only PL holder required to give a petroleum production notice to a coal resource authority holder under section 141 (1) is the PL holder appointed under the P&G Act , chapter 2 , part 2 , division 3 , subdivision 3 as the preferred tenderer; and despite section 141 (1) (c) , a petroleum production notice given by a PL holder mentioned in paragraph (a) is not required to include a proposed joint development plan; and a PL holder mentioned in paragraph (a) complies with section 141 (2) if the PL holder gives the petroleum production notice to the coal resource authority holder within 10 business days after the PL holder is appointed as preferred tenderer; and a PL holder mentioned in paragraph (a) is not required to comply with section 142 ; and the coal resource authority holder given a petroleum production notice by a PL holder under paragraph (c) complies with section 121 (2) if the coal resource authority holder gives an advance notice to the PL holder within 30 business days after the petroleum production notice is given to the coal resource authority holder; and an advance notice mentioned in paragraph (e) complies with section 121 (1) if the notice— states that the ML (coal) holder has applied for the grant of the ML (coal); and includes a copy of the application for the ML (coal), other than any statement detailing the applicant’s financial and technical resources; and includes a proposed joint development plan for the overlapping area the subject of the ML (coal); and if a proposed joint development plan mentioned in paragraph (f) (iii) identifies an IMA for the overlapping area, the mining commencement date for the identified IMA must be at least 11 years after the date on which the ML (coal) holder applied for the grant of the ML (coal); and a PL holder mentioned in paragraph (a) complies with section 154 (3) (a) if the PL holder gives the information required to be given under section 154 within 20 business days after the PL holder gives the petroleum production notice to the coal resource authority holder; and a coal resource authority holder given a petroleum production notice under paragraph (c) complies with section 154 (3) (a) if the coal resource authority holder gives the information required to be given under section 154 within 20 business days after the coal resource authority holder is given the petroleum production notice.\n(sec.148A-ssec.3) To remove any doubt, it is declared that— this section does not limit the changing of the mining commencement date for the IMA mentioned in subsection (2) (g) in the way mentioned in section 115 (1) (b) or (c) ; and section 156 applies in relation to information— given by a PL holder mentioned in this section to a coal resource authority holder mentioned in this section; or given by a coal resource authority holder mentioned in this section to a PL holder mentioned in this section.\n(sec.148A-ssec.4) This section applies whether the preferred tenderer mentioned in subsection (1) (b) was appointed before or after the commencement of this section.\n- (a) the Minister publishes a call for tenders for a petroleum lease under the P&G Act , section 127 ; and\n- (b) the Minister appoints a preferred tenderer on the tenders made in response to the call.\n- (a) the only PL holder required to give a petroleum production notice to a coal resource authority holder under section 141 (1) is the PL holder appointed under the P&G Act , chapter 2 , part 2 , division 3 , subdivision 3 as the preferred tenderer; and\n- (b) despite section 141 (1) (c) , a petroleum production notice given by a PL holder mentioned in paragraph (a) is not required to include a proposed joint development plan; and\n- (c) a PL holder mentioned in paragraph (a) complies with section 141 (2) if the PL holder gives the petroleum production notice to the coal resource authority holder within 10 business days after the PL holder is appointed as preferred tenderer; and\n- (d) a PL holder mentioned in paragraph (a) is not required to comply with section 142 ; and\n- (e) the coal resource authority holder given a petroleum production notice by a PL holder under paragraph (c) complies with section 121 (2) if the coal resource authority holder gives an advance notice to the PL holder within 30 business days after the petroleum production notice is given to the coal resource authority holder; and\n- (f) an advance notice mentioned in paragraph (e) complies with section 121 (1) if the notice— (i) states that the ML (coal) holder has applied for the grant of the ML (coal); and (ii) includes a copy of the application for the ML (coal), other than any statement detailing the applicant’s financial and technical resources; and (iii) includes a proposed joint development plan for the overlapping area the subject of the ML (coal); and\n- (i) states that the ML (coal) holder has applied for the grant of the ML (coal); and\n- (ii) includes a copy of the application for the ML (coal), other than any statement detailing the applicant’s financial and technical resources; and\n- (iii) includes a proposed joint development plan for the overlapping area the subject of the ML (coal); and\n- (g) if a proposed joint development plan mentioned in paragraph (f) (iii) identifies an IMA for the overlapping area, the mining commencement date for the identified IMA must be at least 11 years after the date on which the ML (coal) holder applied for the grant of the ML (coal); and\n- (h) a PL holder mentioned in paragraph (a) complies with section 154 (3) (a) if the PL holder gives the information required to be given under section 154 within 20 business days after the PL holder gives the petroleum production notice to the coal resource authority holder; and\n- (i) a coal resource authority holder given a petroleum production notice under paragraph (c) complies with section 154 (3) (a) if the coal resource authority holder gives the information required to be given under section 154 within 20 business days after the coal resource authority holder is given the petroleum production notice.\n- (i) states that the ML (coal) holder has applied for the grant of the ML (coal); and\n- (ii) includes a copy of the application for the ML (coal), other than any statement detailing the applicant’s financial and technical resources; and\n- (iii) includes a proposed joint development plan for the overlapping area the subject of the ML (coal); and\n- (a) this section does not limit the changing of the mining commencement date for the IMA mentioned in subsection (2) (g) in the way mentioned in section 115 (1) (b) or (c) ; and\n- (b) section 156 applies in relation to information— (i) given by a PL holder mentioned in this section to a coal resource authority holder mentioned in this section; or (ii) given by a coal resource authority holder mentioned in this section to a PL holder mentioned in this section.\n- (i) given by a PL holder mentioned in this section to a coal resource authority holder mentioned in this section; or\n- (ii) given by a coal resource authority holder mentioned in this section to a PL holder mentioned in this section.\n- (i) given by a PL holder mentioned in this section to a coal resource authority holder mentioned in this section; or\n- (ii) given by a coal resource authority holder mentioned in this section to a PL holder mentioned in this section.","sortOrder":221},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Concurrent applications","content":"# Concurrent applications","sortOrder":222},{"sectionNumber":"sec.149","sectionType":"section","heading":"Concurrent notice may be given by ATP holder","content":"### sec.149 Concurrent notice may be given by ATP holder\n\nThis section applies if an ATP holder—\nreceives an advance notice under part 2 in relation to an overlapping area from the holder of an EP (coal) or MDL (coal) that includes the overlapping area; and\nUnder part 2 , an advance notice for an ML (coal) is given by the applicant for the ML (coal).\nintends to apply for a PL, that will include the overlapping area, within 6 months after the ATP holder receives the advance notice.\nThe ATP holder may give the holder of the EP (coal) or MDL (coal) a written notice (a concurrent notice ) stating the information mentioned in subsection (1) (b) .\nThe concurrent notice must be given within 3 months after the ATP holder receives the advance notice.\nIf the concurrent notice is given and the application for the PL is made within the 6 months mentioned in subsection (1) (b) , this chapter must, to the greatest practicable extent, be applied as if the ATP holder was already a PL holder when the advance notice was given to the ATP holder.\nWithout limiting subsection (4) —\nthe mining commencement date for an IMA in the overlapping area, for the purposes of the advance notice, is taken to be at least 11 years after the date on which the advance notice was given; and\nthe mining commencement date for the IMA may be changed in the way mentioned in section 115 (1) (b) or (c) ; and\nthe ATP holder may give an exceptional circumstances notice under section 127 , including at the same time as the concurrent notice is given.\nHowever, despite subsection (4) , the ML (coal) holder must ensure the agreed joint development plan mentioned in section 130 (2) is in place within 12 months after receiving from the ATP holder a petroleum production notice or, if an application for arbitration of a dispute is made under section 131 (2) or (3) , within 9 months after the appointment of the arbitrator, instead of within the period mentioned in section 130 (2) .\ns 149 amd 2016 No. 30 s 45\n(sec.149-ssec.1) This section applies if an ATP holder— receives an advance notice under part 2 in relation to an overlapping area from the holder of an EP (coal) or MDL (coal) that includes the overlapping area; and Under part 2 , an advance notice for an ML (coal) is given by the applicant for the ML (coal). intends to apply for a PL, that will include the overlapping area, within 6 months after the ATP holder receives the advance notice.\n(sec.149-ssec.2) The ATP holder may give the holder of the EP (coal) or MDL (coal) a written notice (a concurrent notice ) stating the information mentioned in subsection (1) (b) .\n(sec.149-ssec.3) The concurrent notice must be given within 3 months after the ATP holder receives the advance notice.\n(sec.149-ssec.4) If the concurrent notice is given and the application for the PL is made within the 6 months mentioned in subsection (1) (b) , this chapter must, to the greatest practicable extent, be applied as if the ATP holder was already a PL holder when the advance notice was given to the ATP holder.\n(sec.149-ssec.5) Without limiting subsection (4) — the mining commencement date for an IMA in the overlapping area, for the purposes of the advance notice, is taken to be at least 11 years after the date on which the advance notice was given; and the mining commencement date for the IMA may be changed in the way mentioned in section 115 (1) (b) or (c) ; and the ATP holder may give an exceptional circumstances notice under section 127 , including at the same time as the concurrent notice is given.\n(sec.149-ssec.6) However, despite subsection (4) , the ML (coal) holder must ensure the agreed joint development plan mentioned in section 130 (2) is in place within 12 months after receiving from the ATP holder a petroleum production notice or, if an application for arbitration of a dispute is made under section 131 (2) or (3) , within 9 months after the appointment of the arbitrator, instead of within the period mentioned in section 130 (2) .\n- (a) receives an advance notice under part 2 in relation to an overlapping area from the holder of an EP (coal) or MDL (coal) that includes the overlapping area; and Note— Under part 2 , an advance notice for an ML (coal) is given by the applicant for the ML (coal).\n- (b) intends to apply for a PL, that will include the overlapping area, within 6 months after the ATP holder receives the advance notice.\n- (a) the mining commencement date for an IMA in the overlapping area, for the purposes of the advance notice, is taken to be at least 11 years after the date on which the advance notice was given; and\n- (b) the mining commencement date for the IMA may be changed in the way mentioned in section 115 (1) (b) or (c) ; and\n- (c) the ATP holder may give an exceptional circumstances notice under section 127 , including at the same time as the concurrent notice is given.","sortOrder":223},{"sectionNumber":"sec.150","sectionType":"section","heading":"Requirements for holder of EP (coal) or MDL (coal) if concurrent PL application","content":"### sec.150 Requirements for holder of EP (coal) or MDL (coal) if concurrent PL application\n\nThis section applies if the holder of an EP (coal) or MDL (coal)—\nreceives a petroleum production notice under part 3 in relation to an overlapping area from the holder of an ATP that includes the overlapping area; and\nlodges an application for an ML (coal) before the PL the subject of the petroleum production notice is granted.\nUnder part 3 , a petroleum production notice is given by the applicant for a PL.\nThe holder of the EP (coal) or MDL (coal) must give the ATP holder an advance notice as required under part 2 .\nThe mining commencement date for an IMA in the overlapping area, for the purposes of the advance notice, must be at least 11 years after the date on which the advance notice is given.\nWithout otherwise limiting the application of part 2 —\nthe requirement under section 130 (2) (a) for an agreed joint development plan to be in place within the period mentioned in section 130 (2) (a) applies; and\nthe mining commencement date for the IMA may be changed in the way mentioned in section 115 (1) (b) or (c) .\ns 150 amd 2016 No. 30 s 46\n(sec.150-ssec.1) This section applies if the holder of an EP (coal) or MDL (coal)— receives a petroleum production notice under part 3 in relation to an overlapping area from the holder of an ATP that includes the overlapping area; and lodges an application for an ML (coal) before the PL the subject of the petroleum production notice is granted. Under part 3 , a petroleum production notice is given by the applicant for a PL.\n(sec.150-ssec.2) The holder of the EP (coal) or MDL (coal) must give the ATP holder an advance notice as required under part 2 .\n(sec.150-ssec.3) The mining commencement date for an IMA in the overlapping area, for the purposes of the advance notice, must be at least 11 years after the date on which the advance notice is given.\n(sec.150-ssec.4) Without otherwise limiting the application of part 2 — the requirement under section 130 (2) (a) for an agreed joint development plan to be in place within the period mentioned in section 130 (2) (a) applies; and the mining commencement date for the IMA may be changed in the way mentioned in section 115 (1) (b) or (c) .\n- (a) receives a petroleum production notice under part 3 in relation to an overlapping area from the holder of an ATP that includes the overlapping area; and\n- (b) lodges an application for an ML (coal) before the PL the subject of the petroleum production notice is granted. Note— Under part 3 , a petroleum production notice is given by the applicant for a PL.\n- (a) the requirement under section 130 (2) (a) for an agreed joint development plan to be in place within the period mentioned in section 130 (2) (a) applies; and\n- (b) the mining commencement date for the IMA may be changed in the way mentioned in section 115 (1) (b) or (c) .","sortOrder":224},{"sectionNumber":"ch.4-pt.5","sectionType":"part","heading":"Adverse effects test","content":"# Adverse effects test","sortOrder":225},{"sectionNumber":"sec.151","sectionType":"section","heading":"Table for part","content":"### sec.151 Table for part\n\nThe following table applies for this part—\nColumn 1\nColumn 2\nexploration permit (coal)\neither of the following—\nauthority to prospect (csg);\npetroleum lease (csg)\nmineral development licence (coal)\neither of the following—\nauthority to prospect (csg);\npetroleum lease (csg)\nauthority to prospect (csg)\nany of the following—\nexploration permit (coal);\nmineral development licence (coal);\nmining lease (coal)\ns 151 amd 2020 No. 14 s 218 sch 1","sortOrder":226},{"sectionNumber":"sec.152","sectionType":"section","heading":"Authorised activities allowed only if no adverse effects","content":"### sec.152 Authorised activities allowed only if no adverse effects\n\nAn authorised activity for a column 1 resource authority may be carried out in an overlapping area the subject of the resource authority only if—\nit does not adversely affect carrying out in the overlapping area an activity that is an authorised activity for a corresponding column 2 resource authority for the column 1 resource authority; and\ncarrying out the authorised activity for the corresponding column 2 resource authority has already started in the overlapping area.\n- (a) it does not adversely affect carrying out in the overlapping area an activity that is an authorised activity for a corresponding column 2 resource authority for the column 1 resource authority; and\n- (b) carrying out the authorised activity for the corresponding column 2 resource authority has already started in the overlapping area.","sortOrder":227},{"sectionNumber":"sec.153","sectionType":"section","heading":"Expedited land access for petroleum resource authority holders","content":"### sec.153 Expedited land access for petroleum resource authority holders\n\nThis section applies if—\na petroleum resource authority holder gives an ML (coal) holder a negotiation notice under section 84 ; and\nthe petroleum resource authority holder and ML (coal) holder have not entered into any of the following before the end of the minimum negotiation period under section 85 —\na conduct and compensation agreement;\na deferral agreement;\nan opt-out agreement.\nDespite a requirement under chapter 3 to give an entry notice, the petroleum resource authority holder may enter an overlapping area the subject of the petroleum resource authority, other than an IMA or SOZ in the overlapping area, to carry out an authorised activity for the authority if—\nthe petroleum resource authority holder gives the ML (coal) holder an expedited entry notice; and\nthe first day the petroleum resource authority holder enters the overlapping area is at least 10 business days after the day the petroleum resource authority holder gives the ML (coal) holder the expedited entry notice.\nNothing in this section limits any other provision of chapter 3 , including, for example, a provision requiring the petroleum resource authority holder and the ML (coal) holder to enter into an agreement mentioned in subsection (1) (b) .\nIn this section—\nexpedited entry notice means a notice that—\nstates the petroleum resource authority holder intends to enter an overlapping area on a stated date; and\nincludes any other information prescribed by regulation.\nML (coal) holder means the holder of an ML (coal).\ns 153 amd 2016 No. 30 s 47 ; 2024 No. 33 s 183 sch 1 pt 2\n(sec.153-ssec.1) This section applies if— a petroleum resource authority holder gives an ML (coal) holder a negotiation notice under section 84 ; and the petroleum resource authority holder and ML (coal) holder have not entered into any of the following before the end of the minimum negotiation period under section 85 — a conduct and compensation agreement; a deferral agreement; an opt-out agreement.\n(sec.153-ssec.2) Despite a requirement under chapter 3 to give an entry notice, the petroleum resource authority holder may enter an overlapping area the subject of the petroleum resource authority, other than an IMA or SOZ in the overlapping area, to carry out an authorised activity for the authority if— the petroleum resource authority holder gives the ML (coal) holder an expedited entry notice; and the first day the petroleum resource authority holder enters the overlapping area is at least 10 business days after the day the petroleum resource authority holder gives the ML (coal) holder the expedited entry notice.\n(sec.153-ssec.3) Nothing in this section limits any other provision of chapter 3 , including, for example, a provision requiring the petroleum resource authority holder and the ML (coal) holder to enter into an agreement mentioned in subsection (1) (b) .\n(sec.153-ssec.4) In this section— expedited entry notice means a notice that— states the petroleum resource authority holder intends to enter an overlapping area on a stated date; and includes any other information prescribed by regulation. ML (coal) holder means the holder of an ML (coal).\n- (a) a petroleum resource authority holder gives an ML (coal) holder a negotiation notice under section 84 ; and\n- (b) the petroleum resource authority holder and ML (coal) holder have not entered into any of the following before the end of the minimum negotiation period under section 85 — (i) a conduct and compensation agreement; (ii) a deferral agreement; (iii) an opt-out agreement.\n- (i) a conduct and compensation agreement;\n- (ii) a deferral agreement;\n- (iii) an opt-out agreement.\n- (i) a conduct and compensation agreement;\n- (ii) a deferral agreement;\n- (iii) an opt-out agreement.\n- (a) the petroleum resource authority holder gives the ML (coal) holder an expedited entry notice; and\n- (b) the first day the petroleum resource authority holder enters the overlapping area is at least 10 business days after the day the petroleum resource authority holder gives the ML (coal) holder the expedited entry notice.\n- (a) states the petroleum resource authority holder intends to enter an overlapping area on a stated date; and\n- (b) includes any other information prescribed by regulation.","sortOrder":228},{"sectionNumber":"ch.4-pt.6","sectionType":"part","heading":"General provisions","content":"# General provisions","sortOrder":229},{"sectionNumber":"ch.4-pt.6-div.1","sectionType":"division","heading":"Information exchange","content":"## Information exchange","sortOrder":230},{"sectionNumber":"sec.154","sectionType":"section","heading":"Resource authority holders must exchange information","content":"### sec.154 Resource authority holders must exchange information\n\nThe resource authority holders for an overlapping area must give each other all information reasonably necessary to allow them to optimise the development and use of coal and coal seam gas resources in the overlapping area.\nWithout limiting subsection (1) , the information that must be given includes the following—\noperational and development plans;\nlocation of gas and mining infrastructure;\ndevelopment and production goals;\nscheduling of authorised activities;\nrehabilitation and environmental management;\nsafety and health arrangements;\ninformation about any application relating to the overlapping area made by the resource authority holder under a Resource Act;\nany amendment of a mine plan required to be kept by the resource authority holder under a Resource Act;\nany other information prescribed by regulation.\nThe information must be given—\nwithin 20 business days after the overlapping area comes into existence; and\nat least once during each year that the resource authorities for the overlapping area are in force.\nSubsections (1) to (3) do not require the giving of information that is only in the form of a draft.\nIn this section—\ndraft includes a preliminary or working draft.\ns 154 amd 2016 No. 30 s 48\n(sec.154-ssec.1) The resource authority holders for an overlapping area must give each other all information reasonably necessary to allow them to optimise the development and use of coal and coal seam gas resources in the overlapping area.\n(sec.154-ssec.2) Without limiting subsection (1) , the information that must be given includes the following— operational and development plans; location of gas and mining infrastructure; development and production goals; scheduling of authorised activities; rehabilitation and environmental management; safety and health arrangements; information about any application relating to the overlapping area made by the resource authority holder under a Resource Act; any amendment of a mine plan required to be kept by the resource authority holder under a Resource Act; any other information prescribed by regulation.\n(sec.154-ssec.3) The information must be given— within 20 business days after the overlapping area comes into existence; and at least once during each year that the resource authorities for the overlapping area are in force.\n(sec.154-ssec.4) Subsections (1) to (3) do not require the giving of information that is only in the form of a draft.\n(sec.154-ssec.5) In this section— draft includes a preliminary or working draft.\n- (a) operational and development plans;\n- (b) location of gas and mining infrastructure;\n- (c) development and production goals;\n- (d) scheduling of authorised activities;\n- (e) rehabilitation and environmental management;\n- (f) safety and health arrangements;\n- (g) information about any application relating to the overlapping area made by the resource authority holder under a Resource Act;\n- (h) any amendment of a mine plan required to be kept by the resource authority holder under a Resource Act;\n- (i) any other information prescribed by regulation.\n- (a) within 20 business days after the overlapping area comes into existence; and\n- (b) at least once during each year that the resource authorities for the overlapping area are in force.","sortOrder":231},{"sectionNumber":"sec.155","sectionType":"section","heading":"Annual meetings","content":"### sec.155 Annual meetings\n\nThe resource authority holders for an overlapping area must convene at least 1 meeting during each year the resource authorities are in force.\nThe purpose of the meeting is to facilitate compliance with section 154 .\n(sec.155-ssec.1) The resource authority holders for an overlapping area must convene at least 1 meeting during each year the resource authorities are in force.\n(sec.155-ssec.2) The purpose of the meeting is to facilitate compliance with section 154 .","sortOrder":232},{"sectionNumber":"sec.156","sectionType":"section","heading":"Confidentiality","content":"### sec.156 Confidentiality\n\nThis section applies if a resource authority holder (the information-giver ) gives another resource authority holder (the recipient ) information that this chapter requires or permits the information-giver to give to the recipient.\nThe recipient must not disclose the information to another person unless—\nthe information is publicly available; or\nthe disclosure is—\nto a person (a secondary recipient ) whom the recipient has authorised to carry out authorised activities for the recipient’s resource authority; or\nmade with the information-giver’s consent; or\nexpressly permitted or required under this or another Act; or\nto the Minister.\nSubject to subsection (2) , the recipient must not use the information for a purpose other than for which it is given.\nIf the recipient does not comply with subsection (2) or (3) , the recipient is liable to pay the information-giver—\ncompensation for any loss the information-giver incurs because of the failure to comply with the subsection; and\nthe amount of any commercial gain the recipient makes because of the failure to comply with the subsection.\nA secondary recipient must not use the information for a purpose other than for which it is given.\nIf a secondary recipient does not comply with subsection (5) , the secondary recipient is liable to pay the information-giver—\ncompensation for any loss the information-giver incurs because of the failure to comply with the subsection; and\nthe amount of any commercial gain the secondary recipient makes because of the failure to comply with the subsection.\n(sec.156-ssec.1) This section applies if a resource authority holder (the information-giver ) gives another resource authority holder (the recipient ) information that this chapter requires or permits the information-giver to give to the recipient.\n(sec.156-ssec.2) The recipient must not disclose the information to another person unless— the information is publicly available; or the disclosure is— to a person (a secondary recipient ) whom the recipient has authorised to carry out authorised activities for the recipient’s resource authority; or made with the information-giver’s consent; or expressly permitted or required under this or another Act; or to the Minister.\n(sec.156-ssec.3) Subject to subsection (2) , the recipient must not use the information for a purpose other than for which it is given.\n(sec.156-ssec.4) If the recipient does not comply with subsection (2) or (3) , the recipient is liable to pay the information-giver— compensation for any loss the information-giver incurs because of the failure to comply with the subsection; and the amount of any commercial gain the recipient makes because of the failure to comply with the subsection.\n(sec.156-ssec.5) A secondary recipient must not use the information for a purpose other than for which it is given.\n(sec.156-ssec.6) If a secondary recipient does not comply with subsection (5) , the secondary recipient is liable to pay the information-giver— compensation for any loss the information-giver incurs because of the failure to comply with the subsection; and the amount of any commercial gain the secondary recipient makes because of the failure to comply with the subsection.\n- (a) the information is publicly available; or\n- (b) the disclosure is— (i) to a person (a secondary recipient ) whom the recipient has authorised to carry out authorised activities for the recipient’s resource authority; or (ii) made with the information-giver’s consent; or (iii) expressly permitted or required under this or another Act; or (iv) to the Minister.\n- (i) to a person (a secondary recipient ) whom the recipient has authorised to carry out authorised activities for the recipient’s resource authority; or\n- (ii) made with the information-giver’s consent; or\n- (iii) expressly permitted or required under this or another Act; or\n- (iv) to the Minister.\n- (i) to a person (a secondary recipient ) whom the recipient has authorised to carry out authorised activities for the recipient’s resource authority; or\n- (ii) made with the information-giver’s consent; or\n- (iii) expressly permitted or required under this or another Act; or\n- (iv) to the Minister.\n- (a) compensation for any loss the information-giver incurs because of the failure to comply with the subsection; and\n- (b) the amount of any commercial gain the recipient makes because of the failure to comply with the subsection.\n- (a) compensation for any loss the information-giver incurs because of the failure to comply with the subsection; and\n- (b) the amount of any commercial gain the secondary recipient makes because of the failure to comply with the subsection.","sortOrder":233},{"sectionNumber":"sec.157","sectionType":"section","heading":null,"content":"### Section sec.157\n\ns 157 om 2020 No. 14 s 70","sortOrder":234},{"sectionNumber":"sec.158","sectionType":"section","heading":null,"content":"### Section sec.158\n\ns 158 amd 2016 No. 30 s 49\nom 2020 No. 14 s 70","sortOrder":235},{"sectionNumber":"sec.159","sectionType":"section","heading":null,"content":"### Section sec.159\n\ns 159 amd 2016 No. 30 s 50\nom 2020 No. 14 s 70","sortOrder":236},{"sectionNumber":"sec.160","sectionType":"section","heading":null,"content":"### Section sec.160\n\ns 160 om 2020 No. 14 s 70","sortOrder":237},{"sectionNumber":"ch.4-pt.6-div.2","sectionType":"division","heading":"Compensation","content":"## Compensation","sortOrder":238},{"sectionNumber":"sec.161","sectionType":"section","heading":"Definitions for division","content":"### sec.161 Definitions for division\n\nIn this division—\nATP major gas infrastructure , for an ATP, see section 166 .\nlost production see section 162 .\nPL connecting infrastructure see section 165 .\nPL major gas infrastructure , for a PL, see section 163 .\nPL minor gas infrastructure , for a PL, see section 164 .\nreconciliation payment see section 172 (2) (a) and (c) (i) .\nreplacement gas see section 172 (2) (b) and (c) (ii) .\nreplace includes remove and relocate.\ns 161 amd 2020 No. 14 s 218 sch 1","sortOrder":239},{"sectionNumber":"sec.162","sectionType":"section","heading":"What is lost production","content":"### sec.162 What is lost production\n\nLost production means coal seam gas production foregone by a PL holder.\nLost production must be calculated in the way, and consistent with the principles, prescribed by regulation.\n(sec.162-ssec.1) Lost production means coal seam gas production foregone by a PL holder.\n(sec.162-ssec.2) Lost production must be calculated in the way, and consistent with the principles, prescribed by regulation.","sortOrder":240},{"sectionNumber":"sec.163","sectionType":"section","heading":"What is PL major gas infrastructure","content":"### sec.163 What is PL major gas infrastructure\n\nPL major gas infrastructure , for a PL, means a gas facility for the PL that is—\na pipeline within the meaning of the P&G Act ; or\na petroleum facility within the meaning of the P&G Act ; or\na water observation bore within the meaning of the P&G Act ; or\nsignificant infrastructure necessarily associated with a gas facility mentioned in paragraph (a) , (b) or (c) , including, for example, accommodation camps, major roads, communication facilities, workshops, stores and offices; or\nequipment or facilities used by the PL holder to carry or transmit gas, water or other substances, telecommunications or electricity, other than gathering lines upstream of field or nodal compressor stations; or\nanother gas facility prescribed by regulation.\nThe cost of replacement of PL major gas infrastructure must be assessed in the way, and consistent with the principles, prescribed by regulation.\nIn this section—\ngas facility , for a PL, means equipment and other major facilities included in infrastructure established or used by the PL holder, its contractors or other persons authorised by the PL holder to carry out an authorised activity under the PL.\n(sec.163-ssec.1) PL major gas infrastructure , for a PL, means a gas facility for the PL that is— a pipeline within the meaning of the P&G Act ; or a petroleum facility within the meaning of the P&G Act ; or a water observation bore within the meaning of the P&G Act ; or significant infrastructure necessarily associated with a gas facility mentioned in paragraph (a) , (b) or (c) , including, for example, accommodation camps, major roads, communication facilities, workshops, stores and offices; or equipment or facilities used by the PL holder to carry or transmit gas, water or other substances, telecommunications or electricity, other than gathering lines upstream of field or nodal compressor stations; or another gas facility prescribed by regulation.\n(sec.163-ssec.2) The cost of replacement of PL major gas infrastructure must be assessed in the way, and consistent with the principles, prescribed by regulation.\n(sec.163-ssec.3) In this section— gas facility , for a PL, means equipment and other major facilities included in infrastructure established or used by the PL holder, its contractors or other persons authorised by the PL holder to carry out an authorised activity under the PL.\n- (a) a pipeline within the meaning of the P&G Act ; or\n- (b) a petroleum facility within the meaning of the P&G Act ; or\n- (c) a water observation bore within the meaning of the P&G Act ; or\n- (d) significant infrastructure necessarily associated with a gas facility mentioned in paragraph (a) , (b) or (c) , including, for example, accommodation camps, major roads, communication facilities, workshops, stores and offices; or\n- (e) equipment or facilities used by the PL holder to carry or transmit gas, water or other substances, telecommunications or electricity, other than gathering lines upstream of field or nodal compressor stations; or\n- (f) another gas facility prescribed by regulation.","sortOrder":241},{"sectionNumber":"sec.164","sectionType":"section","heading":"What is PL minor gas infrastructure","content":"### sec.164 What is PL minor gas infrastructure\n\nPL minor gas infrastructure , for a PL, means a field asset for the PL, other than PL major gas infrastructure for the PL, that is—\na pilot or producing petroleum well; or\na sub-nodal collection network; or\na minor access road or track; or\nminor facilities and infrastructure associated with, or servicing, anything mentioned in paragraph (a) , (b) or (c) ; or\nminor facilities associated with, and servicing, major gas infrastructure, if the major gas infrastructure does not need to be relocated; or\nanother field asset prescribed by regulation.\nThe cost of replacement of PL minor gas infrastructure must be assessed in the way, and consistent with the principles, prescribed by regulation.\nIn this section—\nfield asset , for a PL, means equipment and other minor facilities included in infrastructure established or used by the PL holder, its contractors or other persons authorised by the PL holder to carry out an authorised activity under the PL.\n(sec.164-ssec.1) PL minor gas infrastructure , for a PL, means a field asset for the PL, other than PL major gas infrastructure for the PL, that is— a pilot or producing petroleum well; or a sub-nodal collection network; or a minor access road or track; or minor facilities and infrastructure associated with, or servicing, anything mentioned in paragraph (a) , (b) or (c) ; or minor facilities associated with, and servicing, major gas infrastructure, if the major gas infrastructure does not need to be relocated; or another field asset prescribed by regulation.\n(sec.164-ssec.2) The cost of replacement of PL minor gas infrastructure must be assessed in the way, and consistent with the principles, prescribed by regulation.\n(sec.164-ssec.3) In this section— field asset , for a PL, means equipment and other minor facilities included in infrastructure established or used by the PL holder, its contractors or other persons authorised by the PL holder to carry out an authorised activity under the PL.\n- (a) a pilot or producing petroleum well; or\n- (b) a sub-nodal collection network; or\n- (c) a minor access road or track; or\n- (d) minor facilities and infrastructure associated with, or servicing, anything mentioned in paragraph (a) , (b) or (c) ; or\n- (e) minor facilities associated with, and servicing, major gas infrastructure, if the major gas infrastructure does not need to be relocated; or\n- (f) another field asset prescribed by regulation.","sortOrder":242},{"sectionNumber":"sec.165","sectionType":"section","heading":"What is PL connecting infrastructure","content":"### sec.165 What is PL connecting infrastructure\n\nPL connecting infrastructure , for a PL, means infrastructure that connects PL major gas infrastructure for the PL to a petroleum well.\nThe cost of replacement of PL connecting infrastructure must be assessed in the way, and consistent with the principles, prescribed by regulation.\ns 165 amd 2019 No. 7 s 251\n(sec.165-ssec.1) PL connecting infrastructure , for a PL, means infrastructure that connects PL major gas infrastructure for the PL to a petroleum well.\n(sec.165-ssec.2) The cost of replacement of PL connecting infrastructure must be assessed in the way, and consistent with the principles, prescribed by regulation.","sortOrder":243},{"sectionNumber":"sec.166","sectionType":"section","heading":"What is ATP major gas infrastructure","content":"### sec.166 What is ATP major gas infrastructure\n\nATP major gas infrastructure , for an ATP, means—\na pilot well for the ATP, if—\nthe pilot well was drilled or constructed under the authority of the ATP; and\nwhen the ATP holder was given an 18 months notice by an ML (coal) holder from whom the ATP holder seeks compensation under this division, the pilot well—\nwas being used, or being held, for future production; and\nwas not planned to be abandoned; and\nother infrastructure prescribed by regulation.\nThe cost of abandonment of ATP major gas infrastructure must be assessed in the way, and consistent with the principles, prescribed by regulation.\nIn this section—\npilot well includes any item of infrastructure associated with a pilot well.\n(sec.166-ssec.1) ATP major gas infrastructure , for an ATP, means— a pilot well for the ATP, if— the pilot well was drilled or constructed under the authority of the ATP; and when the ATP holder was given an 18 months notice by an ML (coal) holder from whom the ATP holder seeks compensation under this division, the pilot well— was being used, or being held, for future production; and was not planned to be abandoned; and other infrastructure prescribed by regulation.\n(sec.166-ssec.2) The cost of abandonment of ATP major gas infrastructure must be assessed in the way, and consistent with the principles, prescribed by regulation.\n(sec.166-ssec.3) In this section— pilot well includes any item of infrastructure associated with a pilot well.\n- (a) a pilot well for the ATP, if— (i) the pilot well was drilled or constructed under the authority of the ATP; and (ii) when the ATP holder was given an 18 months notice by an ML (coal) holder from whom the ATP holder seeks compensation under this division, the pilot well— (A) was being used, or being held, for future production; and (B) was not planned to be abandoned; and\n- (i) the pilot well was drilled or constructed under the authority of the ATP; and\n- (ii) when the ATP holder was given an 18 months notice by an ML (coal) holder from whom the ATP holder seeks compensation under this division, the pilot well— (A) was being used, or being held, for future production; and (B) was not planned to be abandoned; and\n- (A) was being used, or being held, for future production; and\n- (B) was not planned to be abandoned; and\n- (b) other infrastructure prescribed by regulation.\n- (i) the pilot well was drilled or constructed under the authority of the ATP; and\n- (ii) when the ATP holder was given an 18 months notice by an ML (coal) holder from whom the ATP holder seeks compensation under this division, the pilot well— (A) was being used, or being held, for future production; and (B) was not planned to be abandoned; and\n- (A) was being used, or being held, for future production; and\n- (B) was not planned to be abandoned; and\n- (A) was being used, or being held, for future production; and\n- (B) was not planned to be abandoned; and","sortOrder":244},{"sectionNumber":"sec.167","sectionType":"section","heading":"Liability of ML (coal) holder to compensate PL holder","content":"### sec.167 Liability of ML (coal) holder to compensate PL holder\n\nThis section applies if—\nan ML (coal) holder gives an acceleration notice to a PL holder and, because of the acceleration notice, the PL holder—\nsuffers, or will suffer, lost production; or\nis, or will be, required to replace PL minor gas infrastructure for the PL; or\nan ML (coal) holder carries out, or proposes to carry out, authorised activities in an IMA or RMA for an overlapping area and, because of the authorised activities—\nPL connecting infrastructure for a PL is or will be physically severed and the PL holder is or will be required to replace the PL connecting infrastructure; or\nthe PL holder is or will be required to replace PL major gas infrastructure for the PL.\nThe ML (coal) holder is liable to compensate the PL holder for—\nif subsection (1) (a) (i) applies—the lost production; or\nif subsection (1) (a) (ii) applies—the cost of replacement of the PL minor gas infrastructure; or\nif subsection (1) (b) (i) applies—the cost of replacement of the PL connecting infrastructure; or\nif subsection (1) (b) (ii) applies—the cost of replacement of the PL major gas infrastructure; or\nif subsection (1) (a) applies, but the mining commencement date for an IMA or RMA identified in the acceleration notice is changed by the ML (coal) holder to a later date—additional costs incurred by the PL holder because of the delay in the mining commencement date, other than to the extent the liability to compensate is reduced under subsection (4) .\nThe ML (coal) holder’s liability under subsection (2) to compensate the PL holder is the ML (coal) holder’s compensation liability to the PL holder.\nThe ML (coal) holder’s compensation liability for the PL holder’s additional costs as mentioned in subsection (2) (e) is reduced to the extent the delay is caused by any event beyond the control of the ML (coal) holder, but only if the ML (coal) holder—\nas soon as practicable gives written notice to the PL holder of—\nthe event; and\nthe details of any cause of the event; and\ntakes all reasonable steps to minimise the effect of the event on the mining commencement date.\ns 167 amd 2016 No. 30 s 51\n(sec.167-ssec.1) This section applies if— an ML (coal) holder gives an acceleration notice to a PL holder and, because of the acceleration notice, the PL holder— suffers, or will suffer, lost production; or is, or will be, required to replace PL minor gas infrastructure for the PL; or an ML (coal) holder carries out, or proposes to carry out, authorised activities in an IMA or RMA for an overlapping area and, because of the authorised activities— PL connecting infrastructure for a PL is or will be physically severed and the PL holder is or will be required to replace the PL connecting infrastructure; or the PL holder is or will be required to replace PL major gas infrastructure for the PL.\n(sec.167-ssec.2) The ML (coal) holder is liable to compensate the PL holder for— if subsection (1) (a) (i) applies—the lost production; or if subsection (1) (a) (ii) applies—the cost of replacement of the PL minor gas infrastructure; or if subsection (1) (b) (i) applies—the cost of replacement of the PL connecting infrastructure; or if subsection (1) (b) (ii) applies—the cost of replacement of the PL major gas infrastructure; or if subsection (1) (a) applies, but the mining commencement date for an IMA or RMA identified in the acceleration notice is changed by the ML (coal) holder to a later date—additional costs incurred by the PL holder because of the delay in the mining commencement date, other than to the extent the liability to compensate is reduced under subsection (4) .\n(sec.167-ssec.3) The ML (coal) holder’s liability under subsection (2) to compensate the PL holder is the ML (coal) holder’s compensation liability to the PL holder.\n(sec.167-ssec.4) The ML (coal) holder’s compensation liability for the PL holder’s additional costs as mentioned in subsection (2) (e) is reduced to the extent the delay is caused by any event beyond the control of the ML (coal) holder, but only if the ML (coal) holder— as soon as practicable gives written notice to the PL holder of— the event; and the details of any cause of the event; and takes all reasonable steps to minimise the effect of the event on the mining commencement date.\n- (a) an ML (coal) holder gives an acceleration notice to a PL holder and, because of the acceleration notice, the PL holder— (i) suffers, or will suffer, lost production; or (ii) is, or will be, required to replace PL minor gas infrastructure for the PL; or\n- (i) suffers, or will suffer, lost production; or\n- (ii) is, or will be, required to replace PL minor gas infrastructure for the PL; or\n- (b) an ML (coal) holder carries out, or proposes to carry out, authorised activities in an IMA or RMA for an overlapping area and, because of the authorised activities— (i) PL connecting infrastructure for a PL is or will be physically severed and the PL holder is or will be required to replace the PL connecting infrastructure; or (ii) the PL holder is or will be required to replace PL major gas infrastructure for the PL.\n- (i) PL connecting infrastructure for a PL is or will be physically severed and the PL holder is or will be required to replace the PL connecting infrastructure; or\n- (ii) the PL holder is or will be required to replace PL major gas infrastructure for the PL.\n- (i) suffers, or will suffer, lost production; or\n- (ii) is, or will be, required to replace PL minor gas infrastructure for the PL; or\n- (i) PL connecting infrastructure for a PL is or will be physically severed and the PL holder is or will be required to replace the PL connecting infrastructure; or\n- (ii) the PL holder is or will be required to replace PL major gas infrastructure for the PL.\n- (a) if subsection (1) (a) (i) applies—the lost production; or\n- (b) if subsection (1) (a) (ii) applies—the cost of replacement of the PL minor gas infrastructure; or\n- (c) if subsection (1) (b) (i) applies—the cost of replacement of the PL connecting infrastructure; or\n- (d) if subsection (1) (b) (ii) applies—the cost of replacement of the PL major gas infrastructure; or\n- (e) if subsection (1) (a) applies, but the mining commencement date for an IMA or RMA identified in the acceleration notice is changed by the ML (coal) holder to a later date—additional costs incurred by the PL holder because of the delay in the mining commencement date, other than to the extent the liability to compensate is reduced under subsection (4) .\n- (a) as soon as practicable gives written notice to the PL holder of— (i) the event; and (ii) the details of any cause of the event; and\n- (i) the event; and\n- (ii) the details of any cause of the event; and\n- (b) takes all reasonable steps to minimise the effect of the event on the mining commencement date.\n- (i) the event; and\n- (ii) the details of any cause of the event; and","sortOrder":245},{"sectionNumber":"sec.168","sectionType":"section","heading":"Liability of ML (coal) holder to compensate ATP holder","content":"### sec.168 Liability of ML (coal) holder to compensate ATP holder\n\nThis section applies if—\nan ML (coal) holder carries out, or proposes to carry out, authorised activities in an IMA or RMA; and\nbecause of the authorised activities, an ATP holder is or will be required to abandon ATP major gas infrastructure.\nThe ML (coal) holder is liable to compensate the ATP holder for the cost of abandonment of the ATP major gas infrastructure.\nThe ML (coal) holder’s liability under subsection (2) to compensate the ATP holder is the ML (coal) holder’s compensation liability to the ATP holder.\n(sec.168-ssec.1) This section applies if— an ML (coal) holder carries out, or proposes to carry out, authorised activities in an IMA or RMA; and because of the authorised activities, an ATP holder is or will be required to abandon ATP major gas infrastructure.\n(sec.168-ssec.2) The ML (coal) holder is liable to compensate the ATP holder for the cost of abandonment of the ATP major gas infrastructure.\n(sec.168-ssec.3) The ML (coal) holder’s liability under subsection (2) to compensate the ATP holder is the ML (coal) holder’s compensation liability to the ATP holder.\n- (a) an ML (coal) holder carries out, or proposes to carry out, authorised activities in an IMA or RMA; and\n- (b) because of the authorised activities, an ATP holder is or will be required to abandon ATP major gas infrastructure.","sortOrder":246},{"sectionNumber":"sec.169","sectionType":"section","heading":"Meeting compensation liability","content":"### sec.169 Meeting compensation liability\n\nUnless otherwise agreed, a petroleum resource authority holder is entitled to receive an amount to meet a compensation liability only if the petroleum resource authority holder is able to give information that shows the value of any lost production, replacement costs or cost of abandonment for which compensation is claimed.\nA petroleum resource authority holder is not entitled to receive an amount of compensation on more than one occasion to meet any compensation liability that may at any time apply to a particular IMA or RMA.\nAn ML (coal) holder is not required to pay an amount to meet a compensation liability arising from lost production until when the production would otherwise have happened.\n(sec.169-ssec.1) Unless otherwise agreed, a petroleum resource authority holder is entitled to receive an amount to meet a compensation liability only if the petroleum resource authority holder is able to give information that shows the value of any lost production, replacement costs or cost of abandonment for which compensation is claimed.\n(sec.169-ssec.2) A petroleum resource authority holder is not entitled to receive an amount of compensation on more than one occasion to meet any compensation liability that may at any time apply to a particular IMA or RMA.\n(sec.169-ssec.3) An ML (coal) holder is not required to pay an amount to meet a compensation liability arising from lost production until when the production would otherwise have happened.","sortOrder":247},{"sectionNumber":"sec.170","sectionType":"section","heading":"Minimising compensation liability","content":"### sec.170 Minimising compensation liability\n\nAn ML (coal) holder and a petroleum resource authority holder must both take all reasonable steps to minimise compensation liability in the way, and consistent with the principles, prescribed by regulation.\nIf, after complying with subsection (1) , the ML (coal) holder continues to have a compensation liability to the petroleum resource authority holder, the ML (coal) holder must, to the extent reasonable, offer the petroleum resource authority holder an amount of natural gas that is equal to the amount of the compensation liability.\nIf, after complying with subsection (2) , the ML (coal) holder continues to have a compensation liability to the petroleum resource authority holder, the ML (coal) holder must give the petroleum resource authority holder a payment equal to the amount of the compensation liability.\ns 170 amd 2016 No. 30 s 51A\n(sec.170-ssec.1) An ML (coal) holder and a petroleum resource authority holder must both take all reasonable steps to minimise compensation liability in the way, and consistent with the principles, prescribed by regulation.\n(sec.170-ssec.2) If, after complying with subsection (1) , the ML (coal) holder continues to have a compensation liability to the petroleum resource authority holder, the ML (coal) holder must, to the extent reasonable, offer the petroleum resource authority holder an amount of natural gas that is equal to the amount of the compensation liability.\n(sec.170-ssec.3) If, after complying with subsection (2) , the ML (coal) holder continues to have a compensation liability to the petroleum resource authority holder, the ML (coal) holder must give the petroleum resource authority holder a payment equal to the amount of the compensation liability.","sortOrder":248},{"sectionNumber":"sec.171","sectionType":"section","heading":"Offsetting of compensation liability","content":"### sec.171 Offsetting of compensation liability\n\nAn ML (coal) holder’s compensation liability to a petroleum resource authority holder is reduced to the extent of the value of the following—\nincidental coal seam gas supplied to the petroleum resource authority holder on the acceptance of an offer made under section 138 ;\nundiluted incidental coal seam gas offered to the petroleum resource authority holder under section 138 but not supplied to the petroleum resource authority holder because the offer is not accepted.\nHowever, subsection (1) (b) applies only to the extent it was reasonably practicable for the petroleum resource authority holder to take supply of the undiluted incidental coal seam gas when the offer was made under section 138 .\nThe value of the incidental coal seam gas mentioned in subsection (1) must be calculated in the way, and consistent with the principles, prescribed by regulation.\n(sec.171-ssec.1) An ML (coal) holder’s compensation liability to a petroleum resource authority holder is reduced to the extent of the value of the following— incidental coal seam gas supplied to the petroleum resource authority holder on the acceptance of an offer made under section 138 ; undiluted incidental coal seam gas offered to the petroleum resource authority holder under section 138 but not supplied to the petroleum resource authority holder because the offer is not accepted.\n(sec.171-ssec.2) However, subsection (1) (b) applies only to the extent it was reasonably practicable for the petroleum resource authority holder to take supply of the undiluted incidental coal seam gas when the offer was made under section 138 .\n(sec.171-ssec.3) The value of the incidental coal seam gas mentioned in subsection (1) must be calculated in the way, and consistent with the principles, prescribed by regulation.\n- (a) incidental coal seam gas supplied to the petroleum resource authority holder on the acceptance of an offer made under section 138 ;\n- (b) undiluted incidental coal seam gas offered to the petroleum resource authority holder under section 138 but not supplied to the petroleum resource authority holder because the offer is not accepted.","sortOrder":249},{"sectionNumber":"sec.172","sectionType":"section","heading":"Reconciliation payments and replacement gas","content":"### sec.172 Reconciliation payments and replacement gas\n\nThis section applies if—\nunder this division, a PL holder receives a payment or an amount of natural gas from an ML (coal) holder to meet a compensation liability for lost production; and\nthe PL holder subsequently recovers coal seam gas that was the subject of the compensation liability.\nThe PL holder is liable to give the ML (coal) holder—\na payment (a reconciliation payment ) for the coal seam gas recovered; or\nan amount of natural gas ( replacement gas ) that is equal to the amount of coal seam gas recovered; or\nboth of the following—\na payment (also a reconciliation payment ) for part of the coal seam gas recovered;\nan amount of natural gas (also replacement gas ) that is equal to the amount of coal seam gas recovered that is not the subject of the reconciliation payment under subparagraph (i) .\nThe amount of a reconciliation payment—\nmust be calculated in the way, and consistent with the principles, prescribed by regulation; and\nmust not be more than the amount received to meet the compensation liability.\ns 172 amd 2016 No. 30 s 52\n(sec.172-ssec.1) This section applies if— under this division, a PL holder receives a payment or an amount of natural gas from an ML (coal) holder to meet a compensation liability for lost production; and the PL holder subsequently recovers coal seam gas that was the subject of the compensation liability.\n(sec.172-ssec.2) The PL holder is liable to give the ML (coal) holder— a payment (a reconciliation payment ) for the coal seam gas recovered; or an amount of natural gas ( replacement gas ) that is equal to the amount of coal seam gas recovered; or both of the following— a payment (also a reconciliation payment ) for part of the coal seam gas recovered; an amount of natural gas (also replacement gas ) that is equal to the amount of coal seam gas recovered that is not the subject of the reconciliation payment under subparagraph (i) .\n(sec.172-ssec.3) The amount of a reconciliation payment— must be calculated in the way, and consistent with the principles, prescribed by regulation; and must not be more than the amount received to meet the compensation liability.\n- (a) under this division, a PL holder receives a payment or an amount of natural gas from an ML (coal) holder to meet a compensation liability for lost production; and\n- (b) the PL holder subsequently recovers coal seam gas that was the subject of the compensation liability.\n- (a) a payment (a reconciliation payment ) for the coal seam gas recovered; or\n- (b) an amount of natural gas ( replacement gas ) that is equal to the amount of coal seam gas recovered; or\n- (c) both of the following— (i) a payment (also a reconciliation payment ) for part of the coal seam gas recovered; (ii) an amount of natural gas (also replacement gas ) that is equal to the amount of coal seam gas recovered that is not the subject of the reconciliation payment under subparagraph (i) .\n- (i) a payment (also a reconciliation payment ) for part of the coal seam gas recovered;\n- (ii) an amount of natural gas (also replacement gas ) that is equal to the amount of coal seam gas recovered that is not the subject of the reconciliation payment under subparagraph (i) .\n- (i) a payment (also a reconciliation payment ) for part of the coal seam gas recovered;\n- (ii) an amount of natural gas (also replacement gas ) that is equal to the amount of coal seam gas recovered that is not the subject of the reconciliation payment under subparagraph (i) .\n- (a) must be calculated in the way, and consistent with the principles, prescribed by regulation; and\n- (b) must not be more than the amount received to meet the compensation liability.","sortOrder":250},{"sectionNumber":"sec.173","sectionType":"section","heading":"Claiming compensation","content":"### sec.173 Claiming compensation\n\nIf a petroleum resource authority holder considers an ML (coal) holder has a compensation liability to the petroleum resource authority holder, the petroleum resource authority holder must—\nadvise the ML (coal) holder of the liability as soon as reasonably practicable; and\ninclude with the advice a written proposal for calculating the amount of compensation payable.\nThe ML (coal) holder may either—\naccept the proposal; or\nrespond with a written counter proposal.\n(sec.173-ssec.1) If a petroleum resource authority holder considers an ML (coal) holder has a compensation liability to the petroleum resource authority holder, the petroleum resource authority holder must— advise the ML (coal) holder of the liability as soon as reasonably practicable; and include with the advice a written proposal for calculating the amount of compensation payable.\n(sec.173-ssec.2) The ML (coal) holder may either— accept the proposal; or respond with a written counter proposal.\n- (a) advise the ML (coal) holder of the liability as soon as reasonably practicable; and\n- (b) include with the advice a written proposal for calculating the amount of compensation payable.\n- (a) accept the proposal; or\n- (b) respond with a written counter proposal.","sortOrder":251},{"sectionNumber":"sec.174","sectionType":"section","heading":"Availability of dispute resolution","content":"### sec.174 Availability of dispute resolution\n\nThis section applies if—\neither of the following applies—\na petroleum resource authority holder is entitled to receive a payment of an amount to meet a compensation liability;\nan ML (coal) holder is entitled to receive a reconciliation payment or replacement gas; and\nthe petroleum resource authority holder and ML (coal) holder can not agree on 1 or more of the following—\nthe amount of the payment to meet the compensation liability the petroleum resource authority holder is entitled to receive;\nwhen the payment of the amount to meet the compensation liability must be made;\nthe amount of the reconciliation payment the ML (coal) holder is entitled to receive;\nwhen the reconciliation payment must be made;\nthe amount of replacement gas the ML (coal) holder is entitled to receive;\nwhen the replacement gas must be given.\nThe petroleum resource authority holder or the ML (coal) holder may apply for arbitration of the dispute.\ns 174 sub 2016 No. 30 s 53\n(sec.174-ssec.1) This section applies if— either of the following applies— a petroleum resource authority holder is entitled to receive a payment of an amount to meet a compensation liability; an ML (coal) holder is entitled to receive a reconciliation payment or replacement gas; and the petroleum resource authority holder and ML (coal) holder can not agree on 1 or more of the following— the amount of the payment to meet the compensation liability the petroleum resource authority holder is entitled to receive; when the payment of the amount to meet the compensation liability must be made; the amount of the reconciliation payment the ML (coal) holder is entitled to receive; when the reconciliation payment must be made; the amount of replacement gas the ML (coal) holder is entitled to receive; when the replacement gas must be given.\n(sec.174-ssec.2) The petroleum resource authority holder or the ML (coal) holder may apply for arbitration of the dispute.\n- (a) either of the following applies— (i) a petroleum resource authority holder is entitled to receive a payment of an amount to meet a compensation liability; (ii) an ML (coal) holder is entitled to receive a reconciliation payment or replacement gas; and\n- (i) a petroleum resource authority holder is entitled to receive a payment of an amount to meet a compensation liability;\n- (ii) an ML (coal) holder is entitled to receive a reconciliation payment or replacement gas; and\n- (b) the petroleum resource authority holder and ML (coal) holder can not agree on 1 or more of the following— (i) the amount of the payment to meet the compensation liability the petroleum resource authority holder is entitled to receive; (ii) when the payment of the amount to meet the compensation liability must be made; (iii) the amount of the reconciliation payment the ML (coal) holder is entitled to receive; (iv) when the reconciliation payment must be made; (v) the amount of replacement gas the ML (coal) holder is entitled to receive; (vi) when the replacement gas must be given.\n- (i) the amount of the payment to meet the compensation liability the petroleum resource authority holder is entitled to receive;\n- (ii) when the payment of the amount to meet the compensation liability must be made;\n- (iii) the amount of the reconciliation payment the ML (coal) holder is entitled to receive;\n- (iv) when the reconciliation payment must be made;\n- (v) the amount of replacement gas the ML (coal) holder is entitled to receive;\n- (vi) when the replacement gas must be given.\n- (i) a petroleum resource authority holder is entitled to receive a payment of an amount to meet a compensation liability;\n- (ii) an ML (coal) holder is entitled to receive a reconciliation payment or replacement gas; and\n- (i) the amount of the payment to meet the compensation liability the petroleum resource authority holder is entitled to receive;\n- (ii) when the payment of the amount to meet the compensation liability must be made;\n- (iii) the amount of the reconciliation payment the ML (coal) holder is entitled to receive;\n- (iv) when the reconciliation payment must be made;\n- (v) the amount of replacement gas the ML (coal) holder is entitled to receive;\n- (vi) when the replacement gas must be given.","sortOrder":252},{"sectionNumber":"ch.4-pt.6-div.5","sectionType":"division","heading":null,"content":"","sortOrder":253},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":254},{"sectionNumber":"sec.174A","sectionType":"section","heading":"Definitions for chapter","content":"### sec.174A Definitions for chapter\n\nIn this chapter—\nagreed co-existence plan means an agreed co-existence plan under—\nthe Mineral Resources Act , section 271AB ; or\nthe P&G Act , section 400 or 440 .\nagreed joint development plan see section 103 .\nagreed plan means—\nan agreed joint development plan; or\nan agreed co-existence plan.\nco-existing area means land that is the subject of—\na later mining lease and an existing authority as mentioned in the Mineral Resources Act , section 271AB ; or\na pipeline licence and an existing geothermal lease, GHG lease or mining lease as mentioned in the P&G Act , section 400 ; or\na petroleum facility licence and an existing mining lease as mentioned in the P&G Act , section 440 .\noverlapping area see section 104 .\ns 174A ins 2020 No. 14 s 73\n- (a) the Mineral Resources Act , section 271AB ; or\n- (b) the P&G Act , section 400 or 440 .\n- (a) an agreed joint development plan; or\n- (b) an agreed co-existence plan.\n- (a) a later mining lease and an existing authority as mentioned in the Mineral Resources Act , section 271AB ; or\n- (b) a pipeline licence and an existing geothermal lease, GHG lease or mining lease as mentioned in the P&G Act , section 400 ; or\n- (c) a petroleum facility licence and an existing mining lease as mentioned in the P&G Act , section 440 .","sortOrder":255},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Ministerial powers","content":"# Ministerial powers","sortOrder":256},{"sectionNumber":"sec.174B","sectionType":"section","heading":"Requirement to give copy of agreed plan","content":"### sec.174B Requirement to give copy of agreed plan\n\nThe Minister may, by written notice, require a resource authority holder to whom an agreed plan applies to give the Minister a copy of the agreed plan.\nThe resource authority holder must give the copy to the Minister within 30 business days after the notice is given under subsection (1) .\nThis section does not apply if the agreed plan has stopped having effect.\ns 174B ins 2020 No. 14 s 73\n(sec.174B-ssec.1) The Minister may, by written notice, require a resource authority holder to whom an agreed plan applies to give the Minister a copy of the agreed plan.\n(sec.174B-ssec.2) The resource authority holder must give the copy to the Minister within 30 business days after the notice is given under subsection (1) .\n(sec.174B-ssec.3) This section does not apply if the agreed plan has stopped having effect.","sortOrder":257},{"sectionNumber":"sec.174C","sectionType":"section","heading":"Amendment of agreed plan","content":"### sec.174C Amendment of agreed plan\n\nThe Minister may, by written notice, require a resource authority holder to whom an agreed plan applies to amend the agreed plan.\nThe matters the Minister must consider in deciding whether to require an amendment include each of the following—\nthe potential of each of the resource authority holders to whom the plan applies—\nfor an agreed joint development plan—to develop coal and coal seam gas resources to optimise the development and use of the State’s coal and coal seam gas resources; or\nfor an agreed co-existence plan—to optimise the development and use of the State’s resources;\nthe extent to which each of the resource authority holders to whom the plan applies have complied with the plan;\nwhether, if the amendment was made, compliance with the plan would continue to be commercially and technically feasible for the resource authority holders to whom the plan applies;\nthe content of any development plan under the Mineral Resources Act or P&G Act for each of the resource authorities to which the agreed plan applies.\nA notice given under subsection (1) must include an information notice about the Minister’s decision to require the amendment.\ns 174C ins 2020 No. 14 s 73\n(sec.174C-ssec.1) The Minister may, by written notice, require a resource authority holder to whom an agreed plan applies to amend the agreed plan.\n(sec.174C-ssec.2) The matters the Minister must consider in deciding whether to require an amendment include each of the following— the potential of each of the resource authority holders to whom the plan applies— for an agreed joint development plan—to develop coal and coal seam gas resources to optimise the development and use of the State’s coal and coal seam gas resources; or for an agreed co-existence plan—to optimise the development and use of the State’s resources; the extent to which each of the resource authority holders to whom the plan applies have complied with the plan; whether, if the amendment was made, compliance with the plan would continue to be commercially and technically feasible for the resource authority holders to whom the plan applies; the content of any development plan under the Mineral Resources Act or P&G Act for each of the resource authorities to which the agreed plan applies.\n(sec.174C-ssec.3) A notice given under subsection (1) must include an information notice about the Minister’s decision to require the amendment.\n- (a) the potential of each of the resource authority holders to whom the plan applies— (i) for an agreed joint development plan—to develop coal and coal seam gas resources to optimise the development and use of the State’s coal and coal seam gas resources; or (ii) for an agreed co-existence plan—to optimise the development and use of the State’s resources;\n- (i) for an agreed joint development plan—to develop coal and coal seam gas resources to optimise the development and use of the State’s coal and coal seam gas resources; or\n- (ii) for an agreed co-existence plan—to optimise the development and use of the State’s resources;\n- (b) the extent to which each of the resource authority holders to whom the plan applies have complied with the plan;\n- (c) whether, if the amendment was made, compliance with the plan would continue to be commercially and technically feasible for the resource authority holders to whom the plan applies;\n- (d) the content of any development plan under the Mineral Resources Act or P&G Act for each of the resource authorities to which the agreed plan applies.\n- (i) for an agreed joint development plan—to develop coal and coal seam gas resources to optimise the development and use of the State’s coal and coal seam gas resources; or\n- (ii) for an agreed co-existence plan—to optimise the development and use of the State’s resources;","sortOrder":258},{"sectionNumber":"sec.174D","sectionType":"section","heading":"Request for information","content":"### sec.174D Request for information\n\nThe Minister may, by written notice, ask a resource authority holder to give the Minister any information the Minister considers appropriate to—\nfor an overlapping area—\noptimise the development and use of the State’s coal and coal seam gas resources; or\nensure safe mining in the overlapping area; or\nfor a co-existing area—\noptimise the development and use of the State’s resources; or\nensure safe operations in the co-existing area.\ns 174D ins 2020 No. 14 s 73\n- (a) for an overlapping area— (i) optimise the development and use of the State’s coal and coal seam gas resources; or (ii) ensure safe mining in the overlapping area; or\n- (i) optimise the development and use of the State’s coal and coal seam gas resources; or\n- (ii) ensure safe mining in the overlapping area; or\n- (b) for a co-existing area— (i) optimise the development and use of the State’s resources; or (ii) ensure safe operations in the co-existing area.\n- (i) optimise the development and use of the State’s resources; or\n- (ii) ensure safe operations in the co-existing area.\n- (i) optimise the development and use of the State’s coal and coal seam gas resources; or\n- (ii) ensure safe mining in the overlapping area; or\n- (i) optimise the development and use of the State’s resources; or\n- (ii) ensure safe operations in the co-existing area.","sortOrder":259},{"sectionNumber":"sec.174E","sectionType":"section","heading":"Right of appeal","content":"### sec.174E Right of appeal\n\nThis section applies if the Minister decides to exercise a power under section 174C (1) .\nThe P&G Act , chapter 12 , part 2 applies, with necessary changes, to the decision as if—\nthe decision were mentioned in the P&G Act , schedule 1 , table 2; and\nthe P&G Act , schedule 1 , table 2 stated the Land Court as the appeal body for the decision; and\na reference in the P&G Act , chapter 12 , part 2 to an information notice included a reference to an information notice under section 174C (3) .\ns 174E ins 2020 No. 14 s 73\n(sec.174E-ssec.1) This section applies if the Minister decides to exercise a power under section 174C (1) .\n(sec.174E-ssec.2) The P&G Act , chapter 12 , part 2 applies, with necessary changes, to the decision as if— the decision were mentioned in the P&G Act , schedule 1 , table 2; and the P&G Act , schedule 1 , table 2 stated the Land Court as the appeal body for the decision; and a reference in the P&G Act , chapter 12 , part 2 to an information notice included a reference to an information notice under section 174C (3) .\n- (a) the decision were mentioned in the P&G Act , schedule 1 , table 2; and\n- (b) the P&G Act , schedule 1 , table 2 stated the Land Court as the appeal body for the decision; and\n- (c) a reference in the P&G Act , chapter 12 , part 2 to an information notice included a reference to an information notice under section 174C (3) .","sortOrder":260},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Dispute resolution","content":"# Dispute resolution","sortOrder":261},{"sectionNumber":"sec.175","sectionType":"section","heading":"Application of part","content":"### sec.175 Application of part\n\nThis division applies to the following disputes (each an overlap dispute ) between persons (each a party )—\na dispute mentioned in section 127 about an exceptional circumstances notice;\na dispute mentioned in section 131 , 133 , 144 or 146 about a joint development plan to the extent it relates to a relevant matter;\na dispute mentioned in section 174 ;\na dispute mentioned in the Coal Mining Safety and Health Act 1999 , section 64E (3) or (4) or 64H (7) ;\na dispute mentioned in the P&G Act , section 705B (3) or (4) or 705CB (7) ;\na dispute mentioned in the Mineral Resources Regulation 2013 , section 25 (3) or (4) or 28 (7) .\nThis division also applies to the following disputes (each a co-existence dispute ) between persons (each a party )—\na dispute mentioned in the Mineral Resources Act , section 271AB (9) ;\na dispute mentioned in the P&G Act , section 400 (7) ;\na dispute mentioned in the P&G Act , section 440 (7) .\ns 175 amd 2014 No. 64 s 215 ; 2016 No. 30 s 54 ; 2018 No. 24 s 56\nreloc 2020 No. 14 s 74\namd 2020 No. 14 ss 75 , 218 sch 1\n(sec.175-ssec.1) This division applies to the following disputes (each an overlap dispute ) between persons (each a party )— a dispute mentioned in section 127 about an exceptional circumstances notice; a dispute mentioned in section 131 , 133 , 144 or 146 about a joint development plan to the extent it relates to a relevant matter; a dispute mentioned in section 174 ; a dispute mentioned in the Coal Mining Safety and Health Act 1999 , section 64E (3) or (4) or 64H (7) ; a dispute mentioned in the P&G Act , section 705B (3) or (4) or 705CB (7) ; a dispute mentioned in the Mineral Resources Regulation 2013 , section 25 (3) or (4) or 28 (7) .\n(sec.175-ssec.2) This division also applies to the following disputes (each a co-existence dispute ) between persons (each a party )— a dispute mentioned in the Mineral Resources Act , section 271AB (9) ; a dispute mentioned in the P&G Act , section 400 (7) ; a dispute mentioned in the P&G Act , section 440 (7) .\n- (a) a dispute mentioned in section 127 about an exceptional circumstances notice;\n- (b) a dispute mentioned in section 131 , 133 , 144 or 146 about a joint development plan to the extent it relates to a relevant matter;\n- (c) a dispute mentioned in section 174 ;\n- (d) a dispute mentioned in the Coal Mining Safety and Health Act 1999 , section 64E (3) or (4) or 64H (7) ;\n- (e) a dispute mentioned in the P&G Act , section 705B (3) or (4) or 705CB (7) ;\n- (f) a dispute mentioned in the Mineral Resources Regulation 2013 , section 25 (3) or (4) or 28 (7) .\n- (a) a dispute mentioned in the Mineral Resources Act , section 271AB (9) ;\n- (b) a dispute mentioned in the P&G Act , section 400 (7) ;\n- (c) a dispute mentioned in the P&G Act , section 440 (7) .","sortOrder":262},{"sectionNumber":"sec.176","sectionType":"section","heading":"Definitions for part","content":"### sec.176 Definitions for part\n\nIn this division—\nco-existence dispute see section 175 (2) .\ns 176 def co-existence dispute ins 2020 No. 14 s 76 (2)\ndispute means—\nan overlap dispute; or\na co-existence dispute.\ns 176 def dispute ins 2020 No. 14 s 76 (2)\noverlap dispute see section 175 (1) .\ns 176 def overlap dispute ins 2020 No. 14 s 76 (2)\nparty —\nfor an overlap dispute—see section 175 (1) ; or\nfor a co-existence dispute—see section 175 (2) .\ns 176 def party ins 2018 No. 24 s 57 (2)\nsub 2020 No. 14 s 76\nprescribed arbitration institute ...\ns 176 def prescribed arbitration institute om 2020 No. 14 s 76 (1)\ns 176 amd 2018 No. 24 s 57 (1)\nreloc 2020 No. 14 s 74\namd 2020 No. 14 s 218 sch 1\n- (a) an overlap dispute; or\n- (b) a co-existence dispute.\n- (a) for an overlap dispute—see section 175 (1) ; or\n- (b) for a co-existence dispute—see section 175 (2) .","sortOrder":263},{"sectionNumber":"sec.177","sectionType":"section","heading":"Nomination of arbitrator","content":"### sec.177 Nomination of arbitrator\n\nA party applies, or parties jointly apply, for arbitration of the dispute by asking a prescribed arbitration institute to nominate an arbitrator.\nThe prescribed arbitration institute must nominate an arbitrator to decide the dispute.\nA prescribed arbitration institute does not incur any civil monetary liability for an act or omission in the performance, or purported performance, of a function under subsection (2) unless the act or omission is done or made in bad faith or through negligence.\ns 177 amd 2016 No. 30 s 55 ; 2018 No. 24 s 58\nreloc 2020 No. 14 s 74\n(sec.177-ssec.1) A party applies, or parties jointly apply, for arbitration of the dispute by asking a prescribed arbitration institute to nominate an arbitrator.\n(sec.177-ssec.2) The prescribed arbitration institute must nominate an arbitrator to decide the dispute.\n(sec.177-ssec.3) A prescribed arbitration institute does not incur any civil monetary liability for an act or omission in the performance, or purported performance, of a function under subsection (2) unless the act or omission is done or made in bad faith or through negligence.","sortOrder":264},{"sectionNumber":"sec.178","sectionType":"section","heading":"Arbitrator’s functions","content":"### sec.178 Arbitrator’s functions\n\nThe arbitrator has authority to decide the dispute by the issuance of an award.\nThe award must be consistent with—\nfor an overlap dispute—\noptimising the development and use of the State’s coal and coal seam gas resources; and\nsafety and health requirements under mining safety legislation; or\nfor a co-existence dispute—\noptimising the development and use of the State’s resources; and\nsafety and health requirements under mining safety legislation.\nThe award must be made—\nwithin 6 months after the appointment of the arbitrator; or\nif the arbitrator decides—within 9 months after the appointment of the arbitrator.\nA regulation may prescribe matters an arbitrator must consider in deciding an award.\nA regulation made under subsection (4) does not limit the matters an arbitrator may consider.\ns 178 amd 2016 No. 30 s 56\nreloc 2020 No. 14 s 74\namd 2020 No. 14 s 77\n(sec.178-ssec.1) The arbitrator has authority to decide the dispute by the issuance of an award.\n(sec.178-ssec.2) The award must be consistent with— for an overlap dispute— optimising the development and use of the State’s coal and coal seam gas resources; and safety and health requirements under mining safety legislation; or for a co-existence dispute— optimising the development and use of the State’s resources; and safety and health requirements under mining safety legislation.\n(sec.178-ssec.3) The award must be made— within 6 months after the appointment of the arbitrator; or if the arbitrator decides—within 9 months after the appointment of the arbitrator.\n(sec.178-ssec.4) A regulation may prescribe matters an arbitrator must consider in deciding an award.\n(sec.178-ssec.5) A regulation made under subsection (4) does not limit the matters an arbitrator may consider.\n- (a) for an overlap dispute— (i) optimising the development and use of the State’s coal and coal seam gas resources; and (ii) safety and health requirements under mining safety legislation; or\n- (i) optimising the development and use of the State’s coal and coal seam gas resources; and\n- (ii) safety and health requirements under mining safety legislation; or\n- (b) for a co-existence dispute— (i) optimising the development and use of the State’s resources; and (ii) safety and health requirements under mining safety legislation.\n- (i) optimising the development and use of the State’s resources; and\n- (ii) safety and health requirements under mining safety legislation.\n- (i) optimising the development and use of the State’s coal and coal seam gas resources; and\n- (ii) safety and health requirements under mining safety legislation; or\n- (i) optimising the development and use of the State’s resources; and\n- (ii) safety and health requirements under mining safety legislation.\n- (a) within 6 months after the appointment of the arbitrator; or\n- (b) if the arbitrator decides—within 9 months after the appointment of the arbitrator.","sortOrder":265},{"sectionNumber":"sec.179","sectionType":"section","heading":"Expert appointed by arbitrator","content":"### sec.179 Expert appointed by arbitrator\n\nThe arbitrator—\nfor an overlap dispute—\nmust appoint at least 1 qualified person with expertise in coal mining, and 1 qualified person with expertise in coal seam gas exploration and production (each an appointed expert ), to report to the arbitrator on specific issues decided by the arbitrator; and\nmay appoint another appropriately qualified person (also an appointed expert ) to report to the arbitrator on specific issues decided by the arbitrator; and\nfor a co-existence dispute—may appoint an appropriately qualified person (also an appointed expert ) to report to the arbitrator on specific issues decided by the arbitrator; and\nmay require a party to the arbitration to give an appointed expert any relevant information or to produce, or to provide access to, any relevant documents or other property for the appointed expert’s inspection.\nIf a party to the arbitration requests, or if the arbitrator considers it necessary, the appointed expert must, after delivery of the appointed expert’s written or oral report, participate in a hearing where the parties to the arbitration have the opportunity to put questions to the appointed expert and present persons with relevant expertise to give evidence on the points at issue.\nIn this section—\nqualified person means a person with the experience or qualifications prescribed by regulation.\ns 179 amd 2018 No. 24 s 59\nreloc 2020 No. 14 s 74\namd 2020 No. 14 s 78\n(sec.179-ssec.1) The arbitrator— for an overlap dispute— must appoint at least 1 qualified person with expertise in coal mining, and 1 qualified person with expertise in coal seam gas exploration and production (each an appointed expert ), to report to the arbitrator on specific issues decided by the arbitrator; and may appoint another appropriately qualified person (also an appointed expert ) to report to the arbitrator on specific issues decided by the arbitrator; and for a co-existence dispute—may appoint an appropriately qualified person (also an appointed expert ) to report to the arbitrator on specific issues decided by the arbitrator; and may require a party to the arbitration to give an appointed expert any relevant information or to produce, or to provide access to, any relevant documents or other property for the appointed expert’s inspection.\n(sec.179-ssec.2) If a party to the arbitration requests, or if the arbitrator considers it necessary, the appointed expert must, after delivery of the appointed expert’s written or oral report, participate in a hearing where the parties to the arbitration have the opportunity to put questions to the appointed expert and present persons with relevant expertise to give evidence on the points at issue.\n(sec.179-ssec.3) In this section— qualified person means a person with the experience or qualifications prescribed by regulation.\n- (a) for an overlap dispute— (i) must appoint at least 1 qualified person with expertise in coal mining, and 1 qualified person with expertise in coal seam gas exploration and production (each an appointed expert ), to report to the arbitrator on specific issues decided by the arbitrator; and (ii) may appoint another appropriately qualified person (also an appointed expert ) to report to the arbitrator on specific issues decided by the arbitrator; and\n- (i) must appoint at least 1 qualified person with expertise in coal mining, and 1 qualified person with expertise in coal seam gas exploration and production (each an appointed expert ), to report to the arbitrator on specific issues decided by the arbitrator; and\n- (ii) may appoint another appropriately qualified person (also an appointed expert ) to report to the arbitrator on specific issues decided by the arbitrator; and\n- (b) for a co-existence dispute—may appoint an appropriately qualified person (also an appointed expert ) to report to the arbitrator on specific issues decided by the arbitrator; and\n- (c) may require a party to the arbitration to give an appointed expert any relevant information or to produce, or to provide access to, any relevant documents or other property for the appointed expert’s inspection.\n- (i) must appoint at least 1 qualified person with expertise in coal mining, and 1 qualified person with expertise in coal seam gas exploration and production (each an appointed expert ), to report to the arbitrator on specific issues decided by the arbitrator; and\n- (ii) may appoint another appropriately qualified person (also an appointed expert ) to report to the arbitrator on specific issues decided by the arbitrator; and","sortOrder":266},{"sectionNumber":"sec.180","sectionType":"section","heading":"Application of Commercial Arbitration Act 2013","content":"### sec.180 Application of Commercial Arbitration Act 2013\n\nThe Commercial Arbitration Act 2013 applies to the arbitration to the extent it is not inconsistent with this chapter.\ns 180 reloc 2020 No. 14 s 74","sortOrder":267},{"sectionNumber":"sec.181","sectionType":"section","heading":"Costs of arbitration","content":"### sec.181 Costs of arbitration\n\nThe parties to the arbitration are liable to pay the costs of the arbitration in equal shares, unless the arbitrator decides otherwise.\nIn this section—\ncosts , of the arbitration, includes the fees and expenses of the arbitrator.\ns 181 amd 2018 No. 24 s 60\nreloc 2020 No. 14 s 74\n(sec.181-ssec.1) The parties to the arbitration are liable to pay the costs of the arbitration in equal shares, unless the arbitrator decides otherwise.\n(sec.181-ssec.2) In this section— costs , of the arbitration, includes the fees and expenses of the arbitrator.","sortOrder":268},{"sectionNumber":"sec.182","sectionType":"section","heading":"Effect of arbitrator’s decision","content":"### sec.182 Effect of arbitrator’s decision\n\nThe arbitrator’s decision is final.\nThe parties to the arbitration may not apply for review of, or appeal against, the decision.\nThe arbitrator’s decision does not limit or otherwise affect—\na power of the Minister under chapter 5 , part 2 ; or\na power of an inspector under mining safety legislation; or\na power of the Supreme Court to decide a decision of the arbitrator is affected by jurisdictional error.\nThe arbitrator’s decision on a matter in dispute between the parties to the arbitration has the same effect as if the parties had entered into a binding and enforceable agreement to the same effect as the decision.\ns 182 amd 2016 No. 30 s 57 ; 2018 No. 24 s 61\nreloc 2020 No. 14 s 74\namd 2020 No. 14 s 218 sch 1\n(sec.182-ssec.1) The arbitrator’s decision is final.\n(sec.182-ssec.2) The parties to the arbitration may not apply for review of, or appeal against, the decision.\n(sec.182-ssec.3) The arbitrator’s decision does not limit or otherwise affect— a power of the Minister under chapter 5 , part 2 ; or a power of an inspector under mining safety legislation; or a power of the Supreme Court to decide a decision of the arbitrator is affected by jurisdictional error.\n(sec.182-ssec.4) The arbitrator’s decision on a matter in dispute between the parties to the arbitration has the same effect as if the parties had entered into a binding and enforceable agreement to the same effect as the decision.\n- (a) a power of the Minister under chapter 5 , part 2 ; or\n- (b) a power of an inspector under mining safety legislation; or\n- (c) a power of the Supreme Court to decide a decision of the arbitrator is affected by jurisdictional error.","sortOrder":269},{"sectionNumber":"sec.183","sectionType":"section","heading":"Copy of award and reasons for award","content":"### sec.183 Copy of award and reasons for award\n\nThe parties to the arbitration must give the chief executive a copy of the award and the arbitrator’s reasons for the issuance of the award.\ns 183 amd 2018 No. 24 s 62\nreloc 2020 No. 14 s 74","sortOrder":270},{"sectionNumber":"sec.184","sectionType":"section","heading":null,"content":"### Section sec.184\n\ns 184 om 2016 No. 30 s 58","sortOrder":271},{"sectionNumber":"sec.185","sectionType":"section","heading":null,"content":"### Section sec.185\n\ns 185 om 2016 No. 30 s 59","sortOrder":272},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Processing applications","content":"# Processing applications","sortOrder":273},{"sectionNumber":"ch.6-pt.1-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":274},{"sectionNumber":"sec.186","sectionType":"section","heading":"Definitions for part","content":"### sec.186 Definitions for part\n\nIn this part—\napplication means an application to which this part applies.\nauthorising provision , for an application, means the provision of this Act that authorises the making of the application.\ndeciding authority , for an application—\nmeans the entity that is to decide the application under the authorising provision for the application; and\nincludes an entity to which the power to decide the application has been delegated.\ninvalid application see section 189 (2) .\ns 186 amd 2020 No. 14 s 218 sch 1\n- (a) means the entity that is to decide the application under the authorising provision for the application; and\n- (b) includes an entity to which the power to decide the application has been delegated.","sortOrder":275},{"sectionNumber":"sec.187","sectionType":"section","heading":"Application of part","content":"### sec.187 Application of part\n\nThis part applies for processing an application made under this Act if, and to the extent, the authorising provision for the application applies this part to the application.\ns 187 amd 2020 No. 14 s 218 sch 1","sortOrder":276},{"sectionNumber":"ch.6-pt.1-div.2","sectionType":"division","heading":"Making, amending and withdrawing applications","content":"## Making, amending and withdrawing applications","sortOrder":277},{"sectionNumber":"sec.188","sectionType":"section","heading":"Requirements for applications","content":"### sec.188 Requirements for applications\n\nAn application must—\ncomply with all requirements stated for it in the authorising provision for the application; and\ncomply with all prescribed requirements for it; and\nbe accompanied by all fees, information or other things prescribed by regulation for it; and\nif a practice manual applies to the application, comply with the manual to the extent it applies to the application.\nAlso, if there is an approved form for the application, the application must be made in the approved form.\n(sec.188-ssec.1) An application must— comply with all requirements stated for it in the authorising provision for the application; and comply with all prescribed requirements for it; and be accompanied by all fees, information or other things prescribed by regulation for it; and if a practice manual applies to the application, comply with the manual to the extent it applies to the application.\n(sec.188-ssec.2) Also, if there is an approved form for the application, the application must be made in the approved form.\n- (a) comply with all requirements stated for it in the authorising provision for the application; and\n- (b) comply with all prescribed requirements for it; and\n- (c) be accompanied by all fees, information or other things prescribed by regulation for it; and\n- (d) if a practice manual applies to the application, comply with the manual to the extent it applies to the application.","sortOrder":278},{"sectionNumber":"sec.189","sectionType":"section","heading":"Invalid applications","content":"### sec.189 Invalid applications\n\nAn application has no effect if—\nit does not comply with section 188 ; or\nit is of a type prescribed by regulation as an application that can not be made.\nAn application that has no effect is an invalid application unless the deciding authority allows the application to proceed under section 190 .\nThe deciding authority must ensure each of following happens in relation to an invalid application—\nthe application is returned to the entity that lodged it together with a written notice about why the application is being returned;\nany fee accompanying the application is refunded to the person who paid the fee.\nA person responsible for accepting applications for lodgement may refuse to accept an application if it is incomplete or is not accompanied by the fees, information or other things as mentioned in section 188 (1) (c) .\n(sec.189-ssec.1) An application has no effect if— it does not comply with section 188 ; or it is of a type prescribed by regulation as an application that can not be made.\n(sec.189-ssec.2) An application that has no effect is an invalid application unless the deciding authority allows the application to proceed under section 190 .\n(sec.189-ssec.3) The deciding authority must ensure each of following happens in relation to an invalid application— the application is returned to the entity that lodged it together with a written notice about why the application is being returned; any fee accompanying the application is refunded to the person who paid the fee.\n(sec.189-ssec.4) A person responsible for accepting applications for lodgement may refuse to accept an application if it is incomplete or is not accompanied by the fees, information or other things as mentioned in section 188 (1) (c) .\n- (a) it does not comply with section 188 ; or\n- (b) it is of a type prescribed by regulation as an application that can not be made.\n- (a) the application is returned to the entity that lodged it together with a written notice about why the application is being returned;\n- (b) any fee accompanying the application is refunded to the person who paid the fee.","sortOrder":279},{"sectionNumber":"sec.190","sectionType":"section","heading":"Substantial compliance","content":"### sec.190 Substantial compliance\n\nThe deciding authority may give effect to an application that does not comply with section 188 and allow it to proceed if reasonably satisfied—\nthe application complies with the requirements stated for it in its authorising provision; and\nthe application substantially complies with the requirements mentioned in section 188 (1) (b) to (d) ; and\nthe application is accompanied by all fees prescribed by regulation for it.\n- (a) the application complies with the requirements stated for it in its authorising provision; and\n- (b) the application substantially complies with the requirements mentioned in section 188 (1) (b) to (d) ; and\n- (c) the application is accompanied by all fees prescribed by regulation for it.","sortOrder":280},{"sectionNumber":"sec.191","sectionType":"section","heading":"Amending applications","content":"### sec.191 Amending applications\n\nAn applicant may amend the application or a document accompanying the application only if—\nthe application has not been decided; and\nthe applicant has complied with the prescribed requirements for amending the application.\n- (a) the application has not been decided; and\n- (b) the applicant has complied with the prescribed requirements for amending the application.","sortOrder":281},{"sectionNumber":"sec.192","sectionType":"section","heading":"Withdrawing applications","content":"### sec.192 Withdrawing applications\n\nAn applicant may lodge a written notice withdrawing the application at any time before a decision about the application takes effect.\nA regulation may prescribe the way in which the written notice must be lodged.\nThe withdrawal takes effect when the written notice is lodged.\nIf an application is withdrawn, the deciding authority may refund all or part of any fee paid for the application.\n(sec.192-ssec.1) An applicant may lodge a written notice withdrawing the application at any time before a decision about the application takes effect.\n(sec.192-ssec.2) A regulation may prescribe the way in which the written notice must be lodged.\n(sec.192-ssec.3) The withdrawal takes effect when the written notice is lodged.\n(sec.192-ssec.4) If an application is withdrawn, the deciding authority may refund all or part of any fee paid for the application.","sortOrder":282},{"sectionNumber":"ch.6-pt.1-div.3","sectionType":"division","heading":"Directions about applications","content":"## Directions about applications","sortOrder":283},{"sectionNumber":"sec.193","sectionType":"section","heading":"Deciding authority may make directions about applications","content":"### sec.193 Deciding authority may make directions about applications\n\nThe deciding authority may, by written notice, direct an applicant to do all or any of the following within a stated period—\ncomplete or correct the application if it appears to the deciding authority to be incorrect, incomplete or defective;\ndo any thing required of the applicant under this Act or another Act to allow the application to be decided;\ngive the deciding authority or another stated entity additional information about, or relevant to, the application;\ngive the deciding authority or another stated entity an independent report, statement or statutory declaration verifying all or any of the following—\nany information included in the application;\nany additional information required under paragraph (c) ;\nthat the applicant meets any eligibility or capability criteria relevant for the application.\nThe deciding authority may—\nrequire the independent report, statement or statutory declaration required by the direction—\nto be made by an appropriately qualified independent person or by the applicant; and\nif the applicant is a corporation—to be made for the applicant by an executive officer of the applicant; or\nact under this section more than once in relation to a particular application; or\nextend the period for complying with the direction.\nA regulation may prescribe—\nexamples of additional information about, or relevant to, an application; and\nthe minimum period for the stated period mentioned in subsection (1) .\nThe applicant must bear the costs incurred in complying with the direction.\nThe applicant is taken to have withdrawn the application if the applicant does not comply with the direction within the stated period in the direction.\nIn this section—\nexecutive officer , of a corporation, means a person who is concerned with or takes part in its management, whether or not the person is a director or the person’s position is given the name of executive officer.\ninformation includes a document.\n(sec.193-ssec.1) The deciding authority may, by written notice, direct an applicant to do all or any of the following within a stated period— complete or correct the application if it appears to the deciding authority to be incorrect, incomplete or defective; do any thing required of the applicant under this Act or another Act to allow the application to be decided; give the deciding authority or another stated entity additional information about, or relevant to, the application; give the deciding authority or another stated entity an independent report, statement or statutory declaration verifying all or any of the following— any information included in the application; any additional information required under paragraph (c) ; that the applicant meets any eligibility or capability criteria relevant for the application.\n(sec.193-ssec.2) The deciding authority may— require the independent report, statement or statutory declaration required by the direction— to be made by an appropriately qualified independent person or by the applicant; and if the applicant is a corporation—to be made for the applicant by an executive officer of the applicant; or act under this section more than once in relation to a particular application; or extend the period for complying with the direction.\n(sec.193-ssec.3) A regulation may prescribe— examples of additional information about, or relevant to, an application; and the minimum period for the stated period mentioned in subsection (1) .\n(sec.193-ssec.4) The applicant must bear the costs incurred in complying with the direction.\n(sec.193-ssec.5) The applicant is taken to have withdrawn the application if the applicant does not comply with the direction within the stated period in the direction.\n(sec.193-ssec.6) In this section— executive officer , of a corporation, means a person who is concerned with or takes part in its management, whether or not the person is a director or the person’s position is given the name of executive officer. information includes a document.\n- (a) complete or correct the application if it appears to the deciding authority to be incorrect, incomplete or defective;\n- (b) do any thing required of the applicant under this Act or another Act to allow the application to be decided;\n- (c) give the deciding authority or another stated entity additional information about, or relevant to, the application;\n- (d) give the deciding authority or another stated entity an independent report, statement or statutory declaration verifying all or any of the following— (i) any information included in the application; (ii) any additional information required under paragraph (c) ; (iii) that the applicant meets any eligibility or capability criteria relevant for the application.\n- (i) any information included in the application;\n- (ii) any additional information required under paragraph (c) ;\n- (iii) that the applicant meets any eligibility or capability criteria relevant for the application.\n- (i) any information included in the application;\n- (ii) any additional information required under paragraph (c) ;\n- (iii) that the applicant meets any eligibility or capability criteria relevant for the application.\n- (a) require the independent report, statement or statutory declaration required by the direction— (i) to be made by an appropriately qualified independent person or by the applicant; and (ii) if the applicant is a corporation—to be made for the applicant by an executive officer of the applicant; or\n- (i) to be made by an appropriately qualified independent person or by the applicant; and\n- (ii) if the applicant is a corporation—to be made for the applicant by an executive officer of the applicant; or\n- (b) act under this section more than once in relation to a particular application; or\n- (c) extend the period for complying with the direction.\n- (i) to be made by an appropriately qualified independent person or by the applicant; and\n- (ii) if the applicant is a corporation—to be made for the applicant by an executive officer of the applicant; or\n- (a) examples of additional information about, or relevant to, an application; and\n- (b) the minimum period for the stated period mentioned in subsection (1) .","sortOrder":284},{"sectionNumber":"ch.6-pt.1-div.4","sectionType":"division","heading":"Deciding applications","content":"## Deciding applications","sortOrder":285},{"sectionNumber":"sec.194","sectionType":"section","heading":"Criteria for considering applications","content":"### sec.194 Criteria for considering applications\n\nIn deciding an application, the deciding authority must consider the criteria prescribed by regulation for the authorising provision for the application.\nUnless the authorising provision for an application states the criteria are exhaustive, the deciding authority may also consider any other criteria or matter the authority considers relevant to deciding the application.\n(sec.194-ssec.1) In deciding an application, the deciding authority must consider the criteria prescribed by regulation for the authorising provision for the application.\n(sec.194-ssec.2) Unless the authorising provision for an application states the criteria are exhaustive, the deciding authority may also consider any other criteria or matter the authority considers relevant to deciding the application.","sortOrder":286},{"sectionNumber":"sec.195","sectionType":"section","heading":"Notice of decisions","content":"### sec.195 Notice of decisions\n\nThis section applies if a deciding authority makes a decision about an application.\nIf the decision is the decision sought under the application, the deciding authority must give the applicant written notice of the decision.\nIf the decision is not the decision sought under the application, or the decision includes conditions, the deciding authority must give the applicant an information notice about the decision.\nA regulation may prescribe other entities a deciding authority is required to notify of its decision.\nTo remove any doubt, it is declared that a lawful refusal to accept an invalid application is not a decision about the application.\n(sec.195-ssec.1) This section applies if a deciding authority makes a decision about an application.\n(sec.195-ssec.2) If the decision is the decision sought under the application, the deciding authority must give the applicant written notice of the decision.\n(sec.195-ssec.3) If the decision is not the decision sought under the application, or the decision includes conditions, the deciding authority must give the applicant an information notice about the decision.\n(sec.195-ssec.4) A regulation may prescribe other entities a deciding authority is required to notify of its decision.\n(sec.195-ssec.5) To remove any doubt, it is declared that a lawful refusal to accept an invalid application is not a decision about the application.","sortOrder":287},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Lodging documents","content":"# Lodging documents","sortOrder":288},{"sectionNumber":"sec.196","sectionType":"section","heading":"Lodging documents","content":"### sec.196 Lodging documents\n\nThis section applies if an entity is to give a document to any of the following authorities under this Act—\nthe Minister;\nthe chief executive;\nanother entity prescribed by regulation.\nA regulation may prescribe—\nthe places at which the document may, or must, be lodged; and\nthe way in which the document may, or must, be lodged.\nIf the document is an application, an obligation prescribed under subsection (2) for the document is taken to be part of the prescribed requirements for the document.\nFailure to comply with the prescribed requirements for a document may result in the document having no effect. See section 189 .\n(sec.196-ssec.1) This section applies if an entity is to give a document to any of the following authorities under this Act— the Minister; the chief executive; another entity prescribed by regulation.\n(sec.196-ssec.2) A regulation may prescribe— the places at which the document may, or must, be lodged; and the way in which the document may, or must, be lodged.\n(sec.196-ssec.3) If the document is an application, an obligation prescribed under subsection (2) for the document is taken to be part of the prescribed requirements for the document. Failure to comply with the prescribed requirements for a document may result in the document having no effect. See section 189 .\n- (a) the Minister;\n- (b) the chief executive;\n- (c) another entity prescribed by regulation.\n- (a) the places at which the document may, or must, be lodged; and\n- (b) the way in which the document may, or must, be lodged.","sortOrder":289},{"sectionNumber":"ch.7A-pt.1","sectionType":"part","heading":"ADR","content":"# ADR","sortOrder":290},{"sectionNumber":"ch.7A-pt.1-div.1","sectionType":"division","heading":"ADR election notice","content":"## ADR election notice","sortOrder":291},{"sectionNumber":"sec.196I","sectionType":"section","heading":"Contents of ADR election notice","content":"### sec.196I Contents of ADR election notice\n\nAn ADR election notice for ADR for the resolution of a dispute must state—\ndetails of the matters the subject of the dispute; and\nthe type of ADR proposed; and\nthe name of an ADR facilitator, who is independent of both parties to the dispute, proposed to conduct the ADR; and\nwho is liable for the costs of the ADR facilitator; and\nany other information prescribed by regulation.\ns 196I ins 2024 No. 33 s 88\n- (a) details of the matters the subject of the dispute; and\n- (b) the type of ADR proposed; and\n- (c) the name of an ADR facilitator, who is independent of both parties to the dispute, proposed to conduct the ADR; and\n- (d) who is liable for the costs of the ADR facilitator; and\n- (e) any other information prescribed by regulation.","sortOrder":292},{"sectionNumber":"ch.7A-pt.1-div.2","sectionType":"division","heading":"Provisions about ADR","content":"## Provisions about ADR","sortOrder":293},{"sectionNumber":"sec.196J","sectionType":"section","heading":"Application of division","content":"### sec.196J Application of division\n\nThis division applies in relation to ADR for the resolution of a dispute between parties mentioned in any of the following provisions that is conducted in response to an ADR election notice for the ADR—\nsection 51A (1) ;\nsection 88 (1) ;\nsection 92A (1) .\ns 196J ins 2024 No. 33 s 88\n- (a) section 51A (1) ;\n- (b) section 88 (1) ;\n- (c) section 92A (1) .","sortOrder":294},{"sectionNumber":"sec.196K","sectionType":"section","heading":"Conduct of ADR","content":"### sec.196K Conduct of ADR\n\nThe parties must use all reasonable endeavours to negotiate a resolution of the dispute within 30 business days after the ADR facilitator is appointed (the usual period ).\nA party may, within the usual period, ask the other party for a longer period because of stated reasonable or unforeseen circumstances.\nIf the parties agree to a longer period, and the ADR facilitator consents to the longer period, the longer period applies instead of the usual period.\nThe party who is the resource authority holder is liable for the costs of the ADR facilitator.\ns 196K ins 2024 No. 33 s 88\n(sec.196K-ssec.1) The parties must use all reasonable endeavours to negotiate a resolution of the dispute within 30 business days after the ADR facilitator is appointed (the usual period ).\n(sec.196K-ssec.2) A party may, within the usual period, ask the other party for a longer period because of stated reasonable or unforeseen circumstances.\n(sec.196K-ssec.3) If the parties agree to a longer period, and the ADR facilitator consents to the longer period, the longer period applies instead of the usual period.\n(sec.196K-ssec.4) The party who is the resource authority holder is liable for the costs of the ADR facilitator.","sortOrder":295},{"sectionNumber":"sec.196L","sectionType":"section","heading":"Non-attendance at ADR","content":"### sec.196L Non-attendance at ADR\n\nThis section applies if—\na party (the non-attending party ) does not attend the ADR; and\nanother party (the attending party ) attends the ADR.\nThe non-attending party is liable to pay the attending party’s reasonable costs of attending.\nThe attending party may apply to the Land Court for an order requiring the payment of the costs.\nThe Land Court may order the payment of the costs only if the Court is satisfied the non-attending party did not have a reasonable excuse for not attending.\ns 196L ins 2024 No. 33 s 88\n(sec.196L-ssec.1) This section applies if— a party (the non-attending party ) does not attend the ADR; and another party (the attending party ) attends the ADR.\n(sec.196L-ssec.2) The non-attending party is liable to pay the attending party’s reasonable costs of attending.\n(sec.196L-ssec.3) The attending party may apply to the Land Court for an order requiring the payment of the costs.\n(sec.196L-ssec.4) The Land Court may order the payment of the costs only if the Court is satisfied the non-attending party did not have a reasonable excuse for not attending.\n- (a) a party (the non-attending party ) does not attend the ADR; and\n- (b) another party (the attending party ) attends the ADR.","sortOrder":296},{"sectionNumber":"sec.196M","sectionType":"section","heading":"Protection, immunity and confidentiality","content":"### sec.196M Protection, immunity and confidentiality\n\nThe Civil Proceedings Act 2011 , part 6 , division 5 applies to ADR conducted by an ADR facilitator as if—\na reference to an ADR process included a reference to the ADR; and\na reference to an ADR convenor included a reference to the ADR facilitator.\nSee the Civil Proceedings Act 2011 , section 53 in relation to the admissibility of evidence of anything done or said, or an admission made, at ADR, without the agreement of the parties.\ns 196M ins 2024 No. 33 s 88\n- (a) a reference to an ADR process included a reference to the ADR; and\n- (b) a reference to an ADR convenor included a reference to the ADR facilitator.","sortOrder":297},{"sectionNumber":"ch.7A-pt.2","sectionType":"part","heading":"Arbitration","content":"# Arbitration","sortOrder":298},{"sectionNumber":"ch.7A-pt.2-div.1","sectionType":"division","heading":"Arbitration election notice","content":"## Arbitration election notice","sortOrder":299},{"sectionNumber":"sec.196N","sectionType":"section","heading":"Contents of arbitration election notice","content":"### sec.196N Contents of arbitration election notice\n\nAn arbitration election notice for an arbitration of a dispute must state—\ndetails of the matters the subject of the dispute; and\nthe name of an arbitrator, who is independent of both parties to the dispute, proposed to conduct the arbitration; and\nthat, if the request for arbitration is accepted, an application to the Land Court for a decision about the dispute can not be made; and\nthat the costs of the arbitration are payable by the parties as mentioned in section 196R ; and\nany other information prescribed by regulation.\ns 196N ins 2024 No. 33 s 88\n- (a) details of the matters the subject of the dispute; and\n- (b) the name of an arbitrator, who is independent of both parties to the dispute, proposed to conduct the arbitration; and\n- (c) that, if the request for arbitration is accepted, an application to the Land Court for a decision about the dispute can not be made; and\n- (d) that the costs of the arbitration are payable by the parties as mentioned in section 196R ; and\n- (e) any other information prescribed by regulation.","sortOrder":300},{"sectionNumber":"ch.7A-pt.2-div.2","sectionType":"division","heading":"Provisions about arbitration","content":"## Provisions about arbitration","sortOrder":301},{"sectionNumber":"sec.196O","sectionType":"section","heading":"Application of division","content":"### sec.196O Application of division\n\nThis division applies in relation to an arbitration of a dispute between parties mentioned in section 91A (2) that is conducted in response to an arbitration election notice for the arbitration.\ns 196O ins 2024 No. 33 s 88","sortOrder":302},{"sectionNumber":"sec.196P","sectionType":"section","heading":"Arbitrator’s functions","content":"### sec.196P Arbitrator’s functions\n\nThe arbitrator has authority to decide the dispute by the issuance of an award.\nHowever, the arbitrator may decide a matter the subject of the dispute only to the extent it is not subject to a conduct and compensation agreement between the parties.\nThe award must be made within 6 months after the appointment of the arbitrator.\ns 196P ins 2024 No. 33 s 88\n(sec.196P-ssec.1) The arbitrator has authority to decide the dispute by the issuance of an award.\n(sec.196P-ssec.2) However, the arbitrator may decide a matter the subject of the dispute only to the extent it is not subject to a conduct and compensation agreement between the parties.\n(sec.196P-ssec.3) The award must be made within 6 months after the appointment of the arbitrator.","sortOrder":303},{"sectionNumber":"sec.196Q","sectionType":"section","heading":"Application of Commercial Arbitration Act 2013","content":"### sec.196Q Application of Commercial Arbitration Act 2013\n\nThe Commercial Arbitration Act 2013 applies to the arbitration to the extent it is not inconsistent with this division.\ns 196Q ins 2024 No. 33 s 88","sortOrder":304},{"sectionNumber":"sec.196R","sectionType":"section","heading":"Costs of arbitration","content":"### sec.196R Costs of arbitration\n\nIf, before the appointment of the arbitrator, the parties have not participated in ADR about the dispute, the party who is the resource authority holder is liable to pay the fees and expenses of the arbitrator.\nIf, before the appointment of the arbitrator, the parties have participated in ADR about the dispute, the parties are liable to pay the fees and expenses of the arbitrator in equal shares unless the parties agree, or the arbitrator decides, otherwise.\nOther than as provided under subsection (1) or (2) , each party to an arbitration must bear the party’s own costs for the arbitration unless the parties agree, or the arbitrator decides, otherwise.\ns 196R ins 2024 No. 33 s 88\n(sec.196R-ssec.1) If, before the appointment of the arbitrator, the parties have not participated in ADR about the dispute, the party who is the resource authority holder is liable to pay the fees and expenses of the arbitrator.\n(sec.196R-ssec.2) If, before the appointment of the arbitrator, the parties have participated in ADR about the dispute, the parties are liable to pay the fees and expenses of the arbitrator in equal shares unless the parties agree, or the arbitrator decides, otherwise.\n(sec.196R-ssec.3) Other than as provided under subsection (1) or (2) , each party to an arbitration must bear the party’s own costs for the arbitration unless the parties agree, or the arbitrator decides, otherwise.","sortOrder":305},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Resource authority register","content":"# Resource authority register","sortOrder":306},{"sectionNumber":"sec.197","sectionType":"section","heading":"Register to be kept","content":"### sec.197 Register to be kept\n\nThe chief executive must keep a register of details about—\nresource authorities; and\napplications for the grant of resource authorities other than an excluded application; and\ndealings with resource authorities; and\napplication transfers under the Mineral Resources Act , chapter 7 ; and\ncaveats; and\nacquired land; and\ntrigger thresholds in relation to the make good obligation for 1923 Act petroleum tenures under the 1923 Act ; and\ncoordination arrangements under the P&G Act and 1923 Act ; and\ngeothermal coordination arrangements under the Geothermal Act ; and\nGHG coordination arrangements under the Greenhouse Gas Act ; and\nany other relevant matters prescribed by regulation.\nThe chief executive may decide the form in which the register is kept.\nThe chief executive may also keep in the register information that the chief executive considers appropriate about matters relating to this Act or another Act.\nIn this section—\nexcluded application means an application for the grant of an exploration permit for an EP tender under the Mineral Resources Act .\nmake good obligation has the meaning of make good obligation under the 1923 Act , section 2 as in force immediately before the commencement of the Water and Other Legislation Amendment Act 2010 .\ntrigger threshold has the meaning of trigger threshold under the 1923 Act , section 2 as in force immediately before the commencement of the Water and Other Legislation Amendment Act 2010 .\ns 197 amd 2016 No. 30 s 114 sch 1\n(sec.197-ssec.1) The chief executive must keep a register of details about— resource authorities; and applications for the grant of resource authorities other than an excluded application; and dealings with resource authorities; and application transfers under the Mineral Resources Act , chapter 7 ; and caveats; and acquired land; and trigger thresholds in relation to the make good obligation for 1923 Act petroleum tenures under the 1923 Act ; and coordination arrangements under the P&G Act and 1923 Act ; and geothermal coordination arrangements under the Geothermal Act ; and GHG coordination arrangements under the Greenhouse Gas Act ; and any other relevant matters prescribed by regulation.\n(sec.197-ssec.2) The chief executive may decide the form in which the register is kept.\n(sec.197-ssec.3) The chief executive may also keep in the register information that the chief executive considers appropriate about matters relating to this Act or another Act.\n(sec.197-ssec.4) In this section— excluded application means an application for the grant of an exploration permit for an EP tender under the Mineral Resources Act . make good obligation has the meaning of make good obligation under the 1923 Act , section 2 as in force immediately before the commencement of the Water and Other Legislation Amendment Act 2010 . trigger threshold has the meaning of trigger threshold under the 1923 Act , section 2 as in force immediately before the commencement of the Water and Other Legislation Amendment Act 2010 . s 197 amd 2016 No. 30 s 114 sch 1\n- (a) resource authorities; and\n- (b) applications for the grant of resource authorities other than an excluded application; and\n- (c) dealings with resource authorities; and\n- (d) application transfers under the Mineral Resources Act , chapter 7 ; and\n- (e) caveats; and\n- (f) acquired land; and\n- (g) trigger thresholds in relation to the make good obligation for 1923 Act petroleum tenures under the 1923 Act ; and\n- (h) coordination arrangements under the P&G Act and 1923 Act ; and\n- (i) geothermal coordination arrangements under the Geothermal Act ; and\n- (j) GHG coordination arrangements under the Greenhouse Gas Act ; and\n- (k) any other relevant matters prescribed by regulation.","sortOrder":307},{"sectionNumber":"sec.198","sectionType":"section","heading":"Access to register","content":"### sec.198 Access to register\n\nThe chief executive must—\nkeep the register open for inspection by the public during office hours on business days at the places the chief executive considers appropriate; and\nallow a person, on payment of the fee prescribed by regulation, to search and take extracts from the register; and\ngive a person who asks for it a copy of all or part of a notice, document or information held in the register on payment of the fee prescribed by regulation.\nSubsection (1) is subject to section 199 .\ns 198 amd 2016 No. 30 s 114 sch 1\n(sec.198-ssec.1) The chief executive must— keep the register open for inspection by the public during office hours on business days at the places the chief executive considers appropriate; and allow a person, on payment of the fee prescribed by regulation, to search and take extracts from the register; and give a person who asks for it a copy of all or part of a notice, document or information held in the register on payment of the fee prescribed by regulation.\n(sec.198-ssec.2) Subsection (1) is subject to section 199 .\n- (a) keep the register open for inspection by the public during office hours on business days at the places the chief executive considers appropriate; and\n- (b) allow a person, on payment of the fee prescribed by regulation, to search and take extracts from the register; and\n- (c) give a person who asks for it a copy of all or part of a notice, document or information held in the register on payment of the fee prescribed by regulation.","sortOrder":308},{"sectionNumber":"sec.199","sectionType":"section","heading":"Arrangements with other departments for copies from register","content":"### sec.199 Arrangements with other departments for copies from register\n\nThe chief executive may enter into an arrangement with another department allowing it to carry out a search of, take extracts from or obtain a copy of, particulars recorded in the register, without payment of the fees prescribed under section 198 .\nHowever, the chief executive may enter into an arrangement under subsection (1) only if the chief executive is reasonably satisfied the information obtained from the search, extract or copy will not be—\nused for a commercial purpose, including, for example, the marketing or sale of the information or other information; or\nincluded in another database of information, in any form, other than with the chief executive’s approval.\n(sec.199-ssec.1) The chief executive may enter into an arrangement with another department allowing it to carry out a search of, take extracts from or obtain a copy of, particulars recorded in the register, without payment of the fees prescribed under section 198 .\n(sec.199-ssec.2) However, the chief executive may enter into an arrangement under subsection (1) only if the chief executive is reasonably satisfied the information obtained from the search, extract or copy will not be— used for a commercial purpose, including, for example, the marketing or sale of the information or other information; or included in another database of information, in any form, other than with the chief executive’s approval.\n- (a) used for a commercial purpose, including, for example, the marketing or sale of the information or other information; or\n- (b) included in another database of information, in any form, other than with the chief executive’s approval.","sortOrder":309},{"sectionNumber":"sec.200","sectionType":"section","heading":"Supply of statistical data from register","content":"### sec.200 Supply of statistical data from register\n\nThe chief executive may enter into an agreement to supply statistical data derived from instruments or information kept in the register.\nIf the chief executive supplies statistical data under subsection (1) —\nthe fees and charges applying for the supply of the data are the fees and charges provided for in the agreement; and\nwithout limiting paragraph (a) , the agreement may also state—\nhow the fees and charges are to be calculated; and\nhow payment of the fees and charges is to be made.\nWithout limiting subsection (1) , an agreement for the supply of statistical data may limit the use to which the data supplied may be put.\nAn agreement for the supply of statistical data must include—\na provision allowing the chief executive to exclude particulars from data supplied under the agreement, if the chief executive is satisfied, on reasonable grounds, that inclusion of the particulars may result in the particulars being inappropriately disclosed or used; and\na provision allowing the chief executive to prohibit disclosure, or to limit distribution or use, of data supplied under the agreement.\nAn agreement under this section must not provide for the obtaining of information or anything else that may be obtained under a search of the register permitted under section 198 .\nThe chief executive must exclude resource authority particulars and personal information from data supplied under the agreement.\nSubsection (6) applies despite anything in the agreement.\nIn this section—\npersonal information means a particular from any instrument or information kept by the chief executive that may allow a person to identify a person to whom the instrument or information relates.\nresource authority particulars means particulars from any instrument or information kept by the chief executive that may allow a person to identify a resource authority to which the instrument or information relates.\n(sec.200-ssec.1) The chief executive may enter into an agreement to supply statistical data derived from instruments or information kept in the register.\n(sec.200-ssec.2) If the chief executive supplies statistical data under subsection (1) — the fees and charges applying for the supply of the data are the fees and charges provided for in the agreement; and without limiting paragraph (a) , the agreement may also state— how the fees and charges are to be calculated; and how payment of the fees and charges is to be made.\n(sec.200-ssec.3) Without limiting subsection (1) , an agreement for the supply of statistical data may limit the use to which the data supplied may be put.\n(sec.200-ssec.4) An agreement for the supply of statistical data must include— a provision allowing the chief executive to exclude particulars from data supplied under the agreement, if the chief executive is satisfied, on reasonable grounds, that inclusion of the particulars may result in the particulars being inappropriately disclosed or used; and a provision allowing the chief executive to prohibit disclosure, or to limit distribution or use, of data supplied under the agreement.\n(sec.200-ssec.5) An agreement under this section must not provide for the obtaining of information or anything else that may be obtained under a search of the register permitted under section 198 .\n(sec.200-ssec.6) The chief executive must exclude resource authority particulars and personal information from data supplied under the agreement.\n(sec.200-ssec.7) Subsection (6) applies despite anything in the agreement.\n(sec.200-ssec.8) In this section— personal information means a particular from any instrument or information kept by the chief executive that may allow a person to identify a person to whom the instrument or information relates. resource authority particulars means particulars from any instrument or information kept by the chief executive that may allow a person to identify a resource authority to which the instrument or information relates.\n- (a) the fees and charges applying for the supply of the data are the fees and charges provided for in the agreement; and\n- (b) without limiting paragraph (a) , the agreement may also state— (i) how the fees and charges are to be calculated; and (ii) how payment of the fees and charges is to be made.\n- (i) how the fees and charges are to be calculated; and\n- (ii) how payment of the fees and charges is to be made.\n- (i) how the fees and charges are to be calculated; and\n- (ii) how payment of the fees and charges is to be made.\n- (a) a provision allowing the chief executive to exclude particulars from data supplied under the agreement, if the chief executive is satisfied, on reasonable grounds, that inclusion of the particulars may result in the particulars being inappropriately disclosed or used; and\n- (b) a provision allowing the chief executive to prohibit disclosure, or to limit distribution or use, of data supplied under the agreement.","sortOrder":310},{"sectionNumber":"sec.201","sectionType":"section","heading":"Chief executive may correct register","content":"### sec.201 Chief executive may correct register\n\nThe chief executive may correct the register if satisfied—\nthe register is incorrect; and\nthe correction will not prejudice any rights recorded in the register of a resource authority holder, a person who holds an interest in a resource authority, a person who has lodged a caveat, or a party to a coordination arrangement.\nThe power to correct includes power to correct information in the register or a document forming part of the register.\nIf the register is corrected, the chief executive must record in it—\nthe state of the register before the correction; and\nthe time, date and circumstances of the correction.\nA correction under this section has the same effect as if the relevant error had not been made.\nFor subsection (1) (b) , a right is not prejudiced if the relevant person acquired or has dealt with the right with actual or constructive knowledge that the register was incorrect and how it was incorrect.\n(sec.201-ssec.1) The chief executive may correct the register if satisfied— the register is incorrect; and the correction will not prejudice any rights recorded in the register of a resource authority holder, a person who holds an interest in a resource authority, a person who has lodged a caveat, or a party to a coordination arrangement.\n(sec.201-ssec.2) The power to correct includes power to correct information in the register or a document forming part of the register.\n(sec.201-ssec.3) If the register is corrected, the chief executive must record in it— the state of the register before the correction; and the time, date and circumstances of the correction.\n(sec.201-ssec.4) A correction under this section has the same effect as if the relevant error had not been made.\n(sec.201-ssec.5) For subsection (1) (b) , a right is not prejudiced if the relevant person acquired or has dealt with the right with actual or constructive knowledge that the register was incorrect and how it was incorrect.\n- (a) the register is incorrect; and\n- (b) the correction will not prejudice any rights recorded in the register of a resource authority holder, a person who holds an interest in a resource authority, a person who has lodged a caveat, or a party to a coordination arrangement.\n- (a) the state of the register before the correction; and\n- (b) the time, date and circumstances of the correction.","sortOrder":311},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":312},{"sectionNumber":"sec.202","sectionType":"section","heading":"Practice manual","content":"### sec.202 Practice manual\n\nThe chief executive may keep, in the way the chief executive considers appropriate, a manual (however called) about resource authority administration practice to guide and inform persons dealing with the department.\nThe manual may include—\ndirections about—\nwhat information, documents or instruments ( material ) a person must or may give in response to a requirement or permission under this Act or a Resource Act; and\nhow or when the material must or may be given; and\nthe format of the material; and\nthe degree of precision required for information contained in the material; and\npractices to ensure there is consistency and efficiency in resource authority administration processes; and\nguidelines about ways to define the boundary of the area of a mining tenement or proposed mining tenement under the Mineral Resources Act .\nIf—\na person is required or permitted to give the Minister or the chief executive (the official ) information for a particular purpose relating to this Act or a Resource Act; and\nthe person gives the information—\nas required or permitted under the manual; or\nas would be required or permitted to be given under a regulation if the information were a document;\nthe person is taken to have given the official the information for the purpose.\nThe chief executive must—\nkeep a copy of the manual and a record (however called) of each part of the manual, including the dates when each part was published or superseded; and\nmake the manual and the record available to the public in the way the chief executive considers appropriate.\nWithout limiting subsection (4) , the chief executive must ensure an up-to-date copy of the manual and the record are available to be read free of charge—\non the department’s website; and\nif information relates to a particular application—at the department’s office where the application was made.\ns 202 amd 2024 No. 33 s 183 sch 1 pt 2\n(sec.202-ssec.1) The chief executive may keep, in the way the chief executive considers appropriate, a manual (however called) about resource authority administration practice to guide and inform persons dealing with the department.\n(sec.202-ssec.2) The manual may include— directions about— what information, documents or instruments ( material ) a person must or may give in response to a requirement or permission under this Act or a Resource Act; and how or when the material must or may be given; and the format of the material; and the degree of precision required for information contained in the material; and practices to ensure there is consistency and efficiency in resource authority administration processes; and guidelines about ways to define the boundary of the area of a mining tenement or proposed mining tenement under the Mineral Resources Act .\n(sec.202-ssec.3) If— a person is required or permitted to give the Minister or the chief executive (the official ) information for a particular purpose relating to this Act or a Resource Act; and the person gives the information— as required or permitted under the manual; or as would be required or permitted to be given under a regulation if the information were a document; the person is taken to have given the official the information for the purpose.\n(sec.202-ssec.4) The chief executive must— keep a copy of the manual and a record (however called) of each part of the manual, including the dates when each part was published or superseded; and make the manual and the record available to the public in the way the chief executive considers appropriate.\n(sec.202-ssec.5) Without limiting subsection (4) , the chief executive must ensure an up-to-date copy of the manual and the record are available to be read free of charge— on the department’s website; and if information relates to a particular application—at the department’s office where the application was made.\n- (a) directions about— (i) what information, documents or instruments ( material ) a person must or may give in response to a requirement or permission under this Act or a Resource Act; and (ii) how or when the material must or may be given; and (iii) the format of the material; and (iv) the degree of precision required for information contained in the material; and\n- (i) what information, documents or instruments ( material ) a person must or may give in response to a requirement or permission under this Act or a Resource Act; and\n- (ii) how or when the material must or may be given; and\n- (iii) the format of the material; and\n- (iv) the degree of precision required for information contained in the material; and\n- (b) practices to ensure there is consistency and efficiency in resource authority administration processes; and\n- (c) guidelines about ways to define the boundary of the area of a mining tenement or proposed mining tenement under the Mineral Resources Act .\n- (i) what information, documents or instruments ( material ) a person must or may give in response to a requirement or permission under this Act or a Resource Act; and\n- (ii) how or when the material must or may be given; and\n- (iii) the format of the material; and\n- (iv) the degree of precision required for information contained in the material; and\n- (a) a person is required or permitted to give the Minister or the chief executive (the official ) information for a particular purpose relating to this Act or a Resource Act; and\n- (b) the person gives the information— (i) as required or permitted under the manual; or (ii) as would be required or permitted to be given under a regulation if the information were a document;\n- (i) as required or permitted under the manual; or\n- (ii) as would be required or permitted to be given under a regulation if the information were a document;\n- (i) as required or permitted under the manual; or\n- (ii) as would be required or permitted to be given under a regulation if the information were a document;\n- (a) keep a copy of the manual and a record (however called) of each part of the manual, including the dates when each part was published or superseded; and\n- (b) make the manual and the record available to the public in the way the chief executive considers appropriate.\n- (a) on the department’s website; and\n- (b) if information relates to a particular application—at the department’s office where the application was made.","sortOrder":313},{"sectionNumber":"sec.203","sectionType":"section","heading":"Fees—payment methods","content":"### sec.203 Fees—payment methods\n\nA regulation may fix the methods to be used for the payment of fees payable under this Act.\nA method to be used for the payment of fees fixed by either of the following is an approved payment method for the fee—\na regulation under subsection (1) ;\nthe chief executive in an approved form under section 207 (2) .\nHowever, if a regulation and the chief executive inconsistently fix the methods to be used for the payment of a fee, the approved payment method for the fee is the method fixed by the regulation.\n(sec.203-ssec.1) A regulation may fix the methods to be used for the payment of fees payable under this Act.\n(sec.203-ssec.2) A method to be used for the payment of fees fixed by either of the following is an approved payment method for the fee— a regulation under subsection (1) ; the chief executive in an approved form under section 207 (2) .\n(sec.203-ssec.3) However, if a regulation and the chief executive inconsistently fix the methods to be used for the payment of a fee, the approved payment method for the fee is the method fixed by the regulation.\n- (a) a regulation under subsection (1) ;\n- (b) the chief executive in an approved form under section 207 (2) .","sortOrder":314},{"sectionNumber":"sec.204","sectionType":"section","heading":"Fees—evidence and timing of payment","content":"### sec.204 Fees—evidence and timing of payment\n\nThis section applies if—\na document must be accompanied by a fee when lodged under this Act; and\nan approved payment method is used to pay the fee; and\nthe fee is received by the entity to which the fee must be paid within the prescribed period for receiving the fee using the approved payment method.\nThe fee is taken to accompany the document if the document is accompanied by evidence of the payment of the fee using the approved payment method.\na receipt for an electronic funds transfer\nIf the document is accompanied by evidence of the fee having been paid using the approved payment method, the fee is taken to have been paid at the time the person lodged the document under this Act.\n(sec.204-ssec.1) This section applies if— a document must be accompanied by a fee when lodged under this Act; and an approved payment method is used to pay the fee; and the fee is received by the entity to which the fee must be paid within the prescribed period for receiving the fee using the approved payment method.\n(sec.204-ssec.2) The fee is taken to accompany the document if the document is accompanied by evidence of the payment of the fee using the approved payment method. a receipt for an electronic funds transfer\n(sec.204-ssec.3) If the document is accompanied by evidence of the fee having been paid using the approved payment method, the fee is taken to have been paid at the time the person lodged the document under this Act.\n- (a) a document must be accompanied by a fee when lodged under this Act; and\n- (b) an approved payment method is used to pay the fee; and\n- (c) the fee is received by the entity to which the fee must be paid within the prescribed period for receiving the fee using the approved payment method.","sortOrder":315},{"sectionNumber":"sec.204A","sectionType":"section","heading":"Alternative calculation of rent for resource authorities","content":"### sec.204A Alternative calculation of rent for resource authorities\n\nA regulation may provide for the Minister to apply an alternative way of calculating the rent payable for a resource authority, so that a lesser amount of rent is payable, in the circumstances prescribed by regulation.\nSubsection (3) applies if, under a regulation made under subsection (1) —\nthe Minister applies an alternative way of calculating the rent payable for a resource authority for a particular period; and\nthe calculated amount is less than the amount of rent that would otherwise be payable for the period under the relevant Resource Act for the authority or a condition of the authority.\nDespite the relevant Resource Act for the resource authority or a condition of the authority, the rental payable for the authority for the period is the lesser amount.\ns 204A ins 2024 No. 33 s 89\n(sec.204A-ssec.1) A regulation may provide for the Minister to apply an alternative way of calculating the rent payable for a resource authority, so that a lesser amount of rent is payable, in the circumstances prescribed by regulation.\n(sec.204A-ssec.2) Subsection (3) applies if, under a regulation made under subsection (1) — the Minister applies an alternative way of calculating the rent payable for a resource authority for a particular period; and the calculated amount is less than the amount of rent that would otherwise be payable for the period under the relevant Resource Act for the authority or a condition of the authority.\n(sec.204A-ssec.3) Despite the relevant Resource Act for the resource authority or a condition of the authority, the rental payable for the authority for the period is the lesser amount.\n- (a) the Minister applies an alternative way of calculating the rent payable for a resource authority for a particular period; and\n- (b) the calculated amount is less than the amount of rent that would otherwise be payable for the period under the relevant Resource Act for the authority or a condition of the authority.","sortOrder":316},{"sectionNumber":"sec.204B","sectionType":"section","heading":"Deferral of payment of rent for resource authorities","content":"### sec.204B Deferral of payment of rent for resource authorities\n\nA regulation may provide for an arrangement for deferring the payment of rent payable for a resource authority because of hardship, including providing for when the arrangement ends.\nSubsection (3) applies if—\nthe holder of a relevant authority is required, under a relevant Resource Act for the authority or a condition of the authority, to pay the rent payable for the authority—\nwithin a particular period; or\non, before or by a particular day; and\nunder an arrangement mentioned in subsection (1) , the payment of the rent is deferred to a later day.\nThe requirement is taken to require the holder to pay the rent on or before the later day.\ns 204B ins 2024 No. 33 s 89\n(sec.204B-ssec.1) A regulation may provide for an arrangement for deferring the payment of rent payable for a resource authority because of hardship, including providing for when the arrangement ends.\n(sec.204B-ssec.2) Subsection (3) applies if— the holder of a relevant authority is required, under a relevant Resource Act for the authority or a condition of the authority, to pay the rent payable for the authority— within a particular period; or on, before or by a particular day; and under an arrangement mentioned in subsection (1) , the payment of the rent is deferred to a later day.\n(sec.204B-ssec.3) The requirement is taken to require the holder to pay the rent on or before the later day.\n- (a) the holder of a relevant authority is required, under a relevant Resource Act for the authority or a condition of the authority, to pay the rent payable for the authority— (i) within a particular period; or (ii) on, before or by a particular day; and\n- (i) within a particular period; or\n- (ii) on, before or by a particular day; and\n- (b) under an arrangement mentioned in subsection (1) , the payment of the rent is deferred to a later day.\n- (i) within a particular period; or\n- (ii) on, before or by a particular day; and","sortOrder":317},{"sectionNumber":"sec.205","sectionType":"section","heading":"Chief executive may require particular information","content":"### sec.205 Chief executive may require particular information\n\nThe chief executive may require a relevant entity to give the chief executive, within the prescribed period, a copy of a notice or consent given by or to the relevant entity under chapter 3 .\nIn this section—\nrelevant entity means—\na resource authority holder; or\nan owner or occupier of land; or\na public land authority; or\na public road authority.\n(sec.205-ssec.1) The chief executive may require a relevant entity to give the chief executive, within the prescribed period, a copy of a notice or consent given by or to the relevant entity under chapter 3 .\n(sec.205-ssec.2) In this section— relevant entity means— a resource authority holder; or an owner or occupier of land; or a public land authority; or a public road authority.\n- (a) a resource authority holder; or\n- (b) an owner or occupier of land; or\n- (c) a public land authority; or\n- (d) a public road authority.","sortOrder":318},{"sectionNumber":"sec.206","sectionType":"section","heading":"References to right to enter","content":"### sec.206 References to right to enter\n\nA right under this Act to enter a place includes the right to—\nleave and re-enter the place from time to time; and\nremain on the place for the time necessary to achieve the purpose of the entry; and\ntake on the place equipment, materials, vehicles or other things reasonably necessary to exercise a power under this Act.\n- (a) leave and re-enter the place from time to time; and\n- (b) remain on the place for the time necessary to achieve the purpose of the entry; and\n- (c) take on the place equipment, materials, vehicles or other things reasonably necessary to exercise a power under this Act.","sortOrder":319},{"sectionNumber":"sec.207","sectionType":"section","heading":"Delegation of functions or powers","content":"### sec.207 Delegation of functions or powers\n\nThe Minister may delegate the Minister’s functions or powers under this Act to an appropriately qualified public service employee.\nThe chief executive may delegate the chief executive’s functions or powers under this Act to an appropriately qualified public service employee.\n(sec.207-ssec.1) The Minister may delegate the Minister’s functions or powers under this Act to an appropriately qualified public service employee.\n(sec.207-ssec.2) The chief executive may delegate the chief executive’s functions or powers under this Act to an appropriately qualified public service employee.","sortOrder":320},{"sectionNumber":"sec.208","sectionType":"section","heading":"Functions or powers carried out through agents","content":"### sec.208 Functions or powers carried out through agents\n\nThis section applies to the following persons—\nthe Minister;\nthe chief executive;\na person delegated a function or power under section 207 .\nUnless this Act requires the person to carry out a function or power personally, the person may act through a public service employee, as agent, to carry out the function or power.\nThis section does not limit the Acts Interpretation Act 1954 , section 27A .\n(sec.208-ssec.1) This section applies to the following persons— the Minister; the chief executive; a person delegated a function or power under section 207 .\n(sec.208-ssec.2) Unless this Act requires the person to carry out a function or power personally, the person may act through a public service employee, as agent, to carry out the function or power.\n(sec.208-ssec.3) This section does not limit the Acts Interpretation Act 1954 , section 27A .\n- (a) the Minister;\n- (b) the chief executive;\n- (c) a person delegated a function or power under section 207 .","sortOrder":321},{"sectionNumber":"sec.209","sectionType":"section","heading":"Approved forms","content":"### sec.209 Approved forms\n\nThe chief executive may approve forms for use under this Act.\nThe chief executive may fix in an approved form a method to be used for the payment of a fee under this Act.\n(sec.209-ssec.1) The chief executive may approve forms for use under this Act.\n(sec.209-ssec.2) The chief executive may fix in an approved form a method to be used for the payment of a fee under this Act.","sortOrder":322},{"sectionNumber":"sec.210","sectionType":"section","heading":"Regulation-making power","content":"### sec.210 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may—\nprescribe fees payable under the Act ; or\nprovide for a maximum penalty of 20 penalty units for a contravention of a regulation.\n(sec.210-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.210-ssec.2) A regulation may— prescribe fees payable under the Act ; or provide for a maximum penalty of 20 penalty units for a contravention of a regulation.\n- (a) prescribe fees payable under the Act ; or\n- (b) provide for a maximum penalty of 20 penalty units for a contravention of a regulation.","sortOrder":323},{"sectionNumber":"sec.211","sectionType":"section","heading":null,"content":"### Section sec.211\n\ns 211 exp 27 September 2017 (see s 211(4))","sortOrder":324},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":325},{"sectionNumber":"sec.212","sectionType":"section","heading":"Definitions for ch 7","content":"### sec.212 Definitions for ch 7\n\nIn this chapter—\ncommencement means the commencement of this section.\nnew register means the register kept under this Act.","sortOrder":326},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Provisions for dealings","content":"# Provisions for dealings","sortOrder":327},{"sectionNumber":"sec.213","sectionType":"section","heading":"Incomplete registration of dealings","content":"### sec.213 Incomplete registration of dealings\n\nThis section applies if, before the commencement—\na person gave the chief executive notice of a dealing under a Resource Act with the intention of registering the dealing but, at the commencement, the dealing had not been registered; or\na person applied to the Minister under a Resource Act for an indication of whether the Minister would approve an assessable transfer under that Act but, at the commencement, the application had not been decided; or\na person applied to the Minister under a Resource Act for approval of an assessable transfer under that Act but, at the commencement, the application had not been decided.\nThe provisions of the Resource Act relating to the notice or application (the former provisions ) continue to apply for the notice or application despite any repeal of the provisions by this Act.\nHowever, a reference to a register in the former provisions is taken to be a reference to the new register.\nTo remove any doubt, it is declared that the dealing mentioned in subsection (1)(a) may be registered if it is able to be registered under the former provisions.\nIn this section—\nassessable transfer , under a Resource Act—\nmeans an assessable transfer as defined under the Resource Act immediately before the commencement; but\ndoes not include an application transfer under the Mineral Resources Act.\ndealing , under a Resource Act, means a dealing as defined under the Resource Act immediately before the commencement.\n(sec.213-ssec.1) This section applies if, before the commencement— a person gave the chief executive notice of a dealing under a Resource Act with the intention of registering the dealing but, at the commencement, the dealing had not been registered; or a person applied to the Minister under a Resource Act for an indication of whether the Minister would approve an assessable transfer under that Act but, at the commencement, the application had not been decided; or a person applied to the Minister under a Resource Act for approval of an assessable transfer under that Act but, at the commencement, the application had not been decided.\n(sec.213-ssec.2) The provisions of the Resource Act relating to the notice or application (the former provisions ) continue to apply for the notice or application despite any repeal of the provisions by this Act.\n(sec.213-ssec.3) However, a reference to a register in the former provisions is taken to be a reference to the new register.\n(sec.213-ssec.4) To remove any doubt, it is declared that the dealing mentioned in subsection (1)(a) may be registered if it is able to be registered under the former provisions.\n(sec.213-ssec.5) In this section— assessable transfer , under a Resource Act— means an assessable transfer as defined under the Resource Act immediately before the commencement; but does not include an application transfer under the Mineral Resources Act. dealing , under a Resource Act, means a dealing as defined under the Resource Act immediately before the commencement.\n- (a) a person gave the chief executive notice of a dealing under a Resource Act with the intention of registering the dealing but, at the commencement, the dealing had not been registered; or\n- (b) a person applied to the Minister under a Resource Act for an indication of whether the Minister would approve an assessable transfer under that Act but, at the commencement, the application had not been decided; or\n- (c) a person applied to the Minister under a Resource Act for approval of an assessable transfer under that Act but, at the commencement, the application had not been decided.\n- (a) means an assessable transfer as defined under the Resource Act immediately before the commencement; but\n- (b) does not include an application transfer under the Mineral Resources Act.","sortOrder":328},{"sectionNumber":"sec.214","sectionType":"section","heading":"Continuing effect of indicative approval","content":"### sec.214 Continuing effect of indicative approval\n\nThis section applies if, under a Resource Act, the Minister gave a resource authority holder an indicative approval that the Minister was likely to approve an assessable transfer under that Act and the indicative approval was given—\nbefore the commencement; or\nafter the commencement under section 213.\nThe indicative approval remains binding on the Minister in relation to registering the transfer of the resource authority under this Act if, under the former provisions of the relevant Resource Act for the resource authority, the approval to register the transfer would be taken to have been given.\nFor a resource authority under the Petroleum and Gas (Production and Safety) Act 2004 , see sections 573C and 573D as in force before repeal under this Act.\nIn this section—\nassessable transfer , under a Resource Act—\nmeans an assessable transfer as defined under the Resource Act immediately before the commencement; but\ndoes not include an application transfer under the Mineral Resources Act.\nformer provisions , of a Resource Act, means the provisions of the Resource Act that, immediately before the commencement, related to the Minister deciding whether or not to give an approval of an assessable transfer.\n(sec.214-ssec.1) This section applies if, under a Resource Act, the Minister gave a resource authority holder an indicative approval that the Minister was likely to approve an assessable transfer under that Act and the indicative approval was given— before the commencement; or after the commencement under section 213.\n(sec.214-ssec.2) The indicative approval remains binding on the Minister in relation to registering the transfer of the resource authority under this Act if, under the former provisions of the relevant Resource Act for the resource authority, the approval to register the transfer would be taken to have been given. For a resource authority under the Petroleum and Gas (Production and Safety) Act 2004 , see sections 573C and 573D as in force before repeal under this Act.\n(sec.214-ssec.3) In this section— assessable transfer , under a Resource Act— means an assessable transfer as defined under the Resource Act immediately before the commencement; but does not include an application transfer under the Mineral Resources Act. former provisions , of a Resource Act, means the provisions of the Resource Act that, immediately before the commencement, related to the Minister deciding whether or not to give an approval of an assessable transfer.\n- (a) before the commencement; or\n- (b) after the commencement under section 213.\n- (a) means an assessable transfer as defined under the Resource Act immediately before the commencement; but\n- (b) does not include an application transfer under the Mineral Resources Act.","sortOrder":329},{"sectionNumber":"sec.215","sectionType":"section","heading":"Unrecorded associated agreements","content":"### sec.215 Unrecorded associated agreements\n\nThis section applies if, before the commencement, notice of an associated agreement had been given to the chief executive in accordance with a Resource Act but the agreement had not been recorded before the commencement.\nThe associated agreement may be included in the new register if the agreement would have been recorded in a register under the Resource Act as in force immediately before the commencement.\n(sec.215-ssec.1) This section applies if, before the commencement, notice of an associated agreement had been given to the chief executive in accordance with a Resource Act but the agreement had not been recorded before the commencement.\n(sec.215-ssec.2) The associated agreement may be included in the new register if the agreement would have been recorded in a register under the Resource Act as in force immediately before the commencement.","sortOrder":330},{"sectionNumber":"sec.216","sectionType":"section","heading":"Transfer of matters to new register","content":"### sec.216 Transfer of matters to new register\n\nA matter recorded in a register under a Resource Act is to be recorded in the new register.\nA caveat (a previous caveat ) recorded in a register under a Resource Act continues in effect in relation to the new register to the extent it would have effect under the relevant provisions of the Resource Act despite any repeal of the provisions by this Act.\nHowever, a previous caveat has no effect, and is taken to never have had effect, to prevent a change of name of an entity holding an interest in a resource authority.\nA caveat lodged, but not recorded in a register, under a Resource Act before the commencement must be registered in the new register if it would have been registered under the relevant provisions of the Resource Act.\nTo remove any doubt, it is declared that a caveat registered in the new register under this section is taken to be an original caveat for section 30.\n(sec.216-ssec.1) A matter recorded in a register under a Resource Act is to be recorded in the new register.\n(sec.216-ssec.2) A caveat (a previous caveat ) recorded in a register under a Resource Act continues in effect in relation to the new register to the extent it would have effect under the relevant provisions of the Resource Act despite any repeal of the provisions by this Act.\n(sec.216-ssec.3) However, a previous caveat has no effect, and is taken to never have had effect, to prevent a change of name of an entity holding an interest in a resource authority.\n(sec.216-ssec.4) A caveat lodged, but not recorded in a register, under a Resource Act before the commencement must be registered in the new register if it would have been registered under the relevant provisions of the Resource Act.\n(sec.216-ssec.5) To remove any doubt, it is declared that a caveat registered in the new register under this section is taken to be an original caveat for section 30.","sortOrder":331},{"sectionNumber":"ch.9-pt.3","sectionType":"part","heading":"Provisions for land access","content":"# Provisions for land access","sortOrder":332},{"sectionNumber":"sec.217","sectionType":"section","heading":"Definitions for pt 3","content":"### sec.217 Definitions for pt 3\n\nIn this part—\nnew restricted land entry provisions means chapter 3, part 4.\npre-amended , in relation to a Resource Act, means the Resource Act as in force immediately before the commencement.\ns 217 sub 2016 No. 30 s 60","sortOrder":333},{"sectionNumber":"sec.218","sectionType":"section","heading":"Existing land access code","content":"### sec.218 Existing land access code\n\nThe land access code made under the pre-amended P&G Act, section 24A continues in force, despite the repeal of that section, until a new land access code is made under section 36.\ns 218 sub 2016 No. 30 s 60","sortOrder":334},{"sectionNumber":"sec.219","sectionType":"section","heading":"Existing conduct and compensation agreement requirements—carrying out authorised activity within 600m of school or occupied residence","content":"### sec.219 Existing conduct and compensation agreement requirements—carrying out authorised activity within 600m of school or occupied residence\n\nThis section applies if—\na resource authority was applied for before the commencement, whether the resource authority was granted before or after the commencement; and\nat the date of the application for the resource authority, if the authority were granted on that date, a conduct and compensation agreement requirement would apply to the entry to private land in the resource authority’s area for the purpose of carrying out an authorised activity within 600m of a school or an occupied residence.\nThe authorised activity mentioned in subsection (1)(b) is taken to be an advanced activity for the resource authority for the application of the new land access provisions in relation to the entry to the private land.\nIn this section—\nconduct and compensation agreement requirement means a requirement under—\nthe Mineral Resources Act, schedule 1, section 10(1); or\nthe P&G Act, section 500(1); or\nthe 1923 Act, section 78Q(1); or\nthe Geothermal Act, section 216(1); or\nthe Greenhouse Gas Act, section 283(1).\nnew land access provisions means chapter 3, parts 1, 2 and 7.\ns 219 sub 2016 No. 30 s 60\n(sec.219-ssec.1) This section applies if— a resource authority was applied for before the commencement, whether the resource authority was granted before or after the commencement; and at the date of the application for the resource authority, if the authority were granted on that date, a conduct and compensation agreement requirement would apply to the entry to private land in the resource authority’s area for the purpose of carrying out an authorised activity within 600m of a school or an occupied residence.\n(sec.219-ssec.2) The authorised activity mentioned in subsection (1)(b) is taken to be an advanced activity for the resource authority for the application of the new land access provisions in relation to the entry to the private land.\n(sec.219-ssec.3) In this section— conduct and compensation agreement requirement means a requirement under— the Mineral Resources Act, schedule 1, section 10(1); or the P&G Act, section 500(1); or the 1923 Act, section 78Q(1); or the Geothermal Act, section 216(1); or the Greenhouse Gas Act, section 283(1). new land access provisions means chapter 3, parts 1, 2 and 7. s 219 sub 2016 No. 30 s 60\n- (a) a resource authority was applied for before the commencement, whether the resource authority was granted before or after the commencement; and\n- (b) at the date of the application for the resource authority, if the authority were granted on that date, a conduct and compensation agreement requirement would apply to the entry to private land in the resource authority’s area for the purpose of carrying out an authorised activity within 600m of a school or an occupied residence.\n- (a) the Mineral Resources Act, schedule 1, section 10(1); or\n- (b) the P&G Act, section 500(1); or\n- (c) the 1923 Act, section 78Q(1); or\n- (d) the Geothermal Act, section 216(1); or\n- (e) the Greenhouse Gas Act, section 283(1).","sortOrder":335},{"sectionNumber":"sec.220","sectionType":"section","heading":"Existing entry notices","content":"### sec.220 Existing entry notices\n\nThis section applies to an entry notice given under a pre-amended Resource Act to an owner or occupier of land or a public land authority, and in force immediately before the commencement.\nThe notice continues in force after the commencement and is taken to be—\nif the notice is given in relation to entry to private land—an entry notice given under section 39; or\nif the notice is given in relation to entry to public land—a periodic entry notice given under section 57.\nThe notice is valid even if the notice does not comply with section 39(2) or 57(2).\ns 220 sub 2016 No. 30 s 60\n(sec.220-ssec.1) This section applies to an entry notice given under a pre-amended Resource Act to an owner or occupier of land or a public land authority, and in force immediately before the commencement.\n(sec.220-ssec.2) The notice continues in force after the commencement and is taken to be— if the notice is given in relation to entry to private land—an entry notice given under section 39; or if the notice is given in relation to entry to public land—a periodic entry notice given under section 57.\n(sec.220-ssec.3) The notice is valid even if the notice does not comply with section 39(2) or 57(2).\n- (a) if the notice is given in relation to entry to private land—an entry notice given under section 39; or\n- (b) if the notice is given in relation to entry to public land—a periodic entry notice given under section 57.","sortOrder":336},{"sectionNumber":"sec.221","sectionType":"section","heading":"Existing waiver of entry notices","content":"### sec.221 Existing waiver of entry notices\n\nThis section applies to a waiver of entry notice given to a resource authority holder under a pre-amended Resource Act and in force immediately before the commencement.\nThe notice continues in force after the commencement and is taken to be—\nif the notice is given in relation to entry to private land—a waiver of entry notice given under section 42; or\nif the notice is given in relation to entry to public land—a waiver of entry notice given under section 60.\nThe notice is valid even if the notice does not comply with a prescribed requirement under section 42(2)(a) or 60(2)(a).\ns 221 sub 2016 No. 30 s 60\n(sec.221-ssec.1) This section applies to a waiver of entry notice given to a resource authority holder under a pre-amended Resource Act and in force immediately before the commencement.\n(sec.221-ssec.2) The notice continues in force after the commencement and is taken to be— if the notice is given in relation to entry to private land—a waiver of entry notice given under section 42; or if the notice is given in relation to entry to public land—a waiver of entry notice given under section 60.\n(sec.221-ssec.3) The notice is valid even if the notice does not comply with a prescribed requirement under section 42(2)(a) or 60(2)(a).\n- (a) if the notice is given in relation to entry to private land—a waiver of entry notice given under section 42; or\n- (b) if the notice is given in relation to entry to public land—a waiver of entry notice given under section 60.","sortOrder":337},{"sectionNumber":"sec.222","sectionType":"section","heading":"Existing deferral agreements","content":"### sec.222 Existing deferral agreements\n\nThis section applies to a deferral agreement entered into under a pre-amended Resource Act and in force immediately before the commencement.\nThe agreement continues in force after the commencement and is taken to be a deferral agreement entered into under section 44(1).\nThe agreement is valid even if the agreement does not comply with a prescribed requirement under section 44(2).\ns 222 sub 2016 No. 30 s 60\n(sec.222-ssec.1) This section applies to a deferral agreement entered into under a pre-amended Resource Act and in force immediately before the commencement.\n(sec.222-ssec.2) The agreement continues in force after the commencement and is taken to be a deferral agreement entered into under section 44(1).\n(sec.222-ssec.3) The agreement is valid even if the agreement does not comply with a prescribed requirement under section 44(2).","sortOrder":338},{"sectionNumber":"sec.223","sectionType":"section","heading":"Existing access agreements","content":"### sec.223 Existing access agreements\n\nThis section applies to an access agreement entered into under a pre-amended Resource Act and in force immediately before the commencement.\nThe agreement continues in force after the commencement and is taken to be an access agreement entered into under section 47(1)(a).\ns 223 sub 2016 No. 30 s 60\n(sec.223-ssec.1) This section applies to an access agreement entered into under a pre-amended Resource Act and in force immediately before the commencement.\n(sec.223-ssec.2) The agreement continues in force after the commencement and is taken to be an access agreement entered into under section 47(1)(a).","sortOrder":339},{"sectionNumber":"sec.223A","sectionType":"section","heading":"Existing consent given by reserve owner to exploration permit holder or mineral development licence holder","content":"### sec.223A Existing consent given by reserve owner to exploration permit holder or mineral development licence holder\n\nThis section applies if—\nthe owner of any part of the area of an exploration permit that is the surface area of a reserve (the reserve owner ) has given consent, under the pre-amended Mineral Resources Act, section 129(1)(a)(ii), to the holder of an exploration permit or any person who acts for the purpose of carrying out any activity authorised by the exploration permit (the resource authority holder ); or\nthe owner of any part of the area of a mineral development licence that is the surface area of a reserve (also the reserve owner ) has given consent, under the pre-amended Mineral Resources Act, section 181(4)(b)(ii), to the holder of a mineral development licence or any person who acts for the purpose of carrying out any activity authorised by the licence (also the resource authority holder ).\nFor section 58(1), the resource authority holder is taken to have given the reserve owner, as a public land authority, a periodic entry notice under section 57.\nSubsection (2) applies even if the consent, as a periodic entry notice, does not comply with section 57.\nFor the purpose of dealing with the consent as a periodic entry notice, the entry period under section 57(2)(a) is taken to be the period for entry under the consent.\nSubsection (4) applies even if the period for entry under the consent, as an entry period, does not comply with section 57.\nAny conditions of the consent are taken to be conditions imposed by the reserve owner, as a public land authority, under section 59(2).\nHowever, section 59(8)(a) does not apply to a condition of the consent.\nIn this section—\nexploration permit see the Mineral Resources Act, schedule 2.\nmineral development licence means a mineral development licence under the Mineral Resources Act, chapter 5, part 1 or 2.\nreserve see the Mineral Resources Act, schedule 2.\ns 223A ins 2017 No. 34 s 78\n(sec.223A-ssec.1) This section applies if— the owner of any part of the area of an exploration permit that is the surface area of a reserve (the reserve owner ) has given consent, under the pre-amended Mineral Resources Act, section 129(1)(a)(ii), to the holder of an exploration permit or any person who acts for the purpose of carrying out any activity authorised by the exploration permit (the resource authority holder ); or the owner of any part of the area of a mineral development licence that is the surface area of a reserve (also the reserve owner ) has given consent, under the pre-amended Mineral Resources Act, section 181(4)(b)(ii), to the holder of a mineral development licence or any person who acts for the purpose of carrying out any activity authorised by the licence (also the resource authority holder ).\n(sec.223A-ssec.2) For section 58(1), the resource authority holder is taken to have given the reserve owner, as a public land authority, a periodic entry notice under section 57.\n(sec.223A-ssec.3) Subsection (2) applies even if the consent, as a periodic entry notice, does not comply with section 57.\n(sec.223A-ssec.4) For the purpose of dealing with the consent as a periodic entry notice, the entry period under section 57(2)(a) is taken to be the period for entry under the consent.\n(sec.223A-ssec.5) Subsection (4) applies even if the period for entry under the consent, as an entry period, does not comply with section 57.\n(sec.223A-ssec.6) Any conditions of the consent are taken to be conditions imposed by the reserve owner, as a public land authority, under section 59(2).\n(sec.223A-ssec.7) However, section 59(8)(a) does not apply to a condition of the consent.\n(sec.223A-ssec.8) In this section— exploration permit see the Mineral Resources Act, schedule 2. mineral development licence means a mineral development licence under the Mineral Resources Act, chapter 5, part 1 or 2. reserve see the Mineral Resources Act, schedule 2.\n- (a) the owner of any part of the area of an exploration permit that is the surface area of a reserve (the reserve owner ) has given consent, under the pre-amended Mineral Resources Act, section 129(1)(a)(ii), to the holder of an exploration permit or any person who acts for the purpose of carrying out any activity authorised by the exploration permit (the resource authority holder ); or\n- (b) the owner of any part of the area of a mineral development licence that is the surface area of a reserve (also the reserve owner ) has given consent, under the pre-amended Mineral Resources Act, section 181(4)(b)(ii), to the holder of a mineral development licence or any person who acts for the purpose of carrying out any activity authorised by the licence (also the resource authority holder ).","sortOrder":340},{"sectionNumber":"sec.224","sectionType":"section","heading":"Existing conditions imposed by public land authority for entry to public land","content":"### sec.224 Existing conditions imposed by public land authority for entry to public land\n\nThis section applies if—\na public land authority, in response to a resource authority holder’s entry notice under a pre-amended Resource Act about entering public land, imposed under the pre-amended Resource Act a condition relating to the entry or the carrying out of an authorised activity; and\nthe condition is in force immediately before the commencement.\nThe condition continues in force after the commencement and is taken to be a condition imposed under section 59(2) by the public land authority.\nHowever, the public land authority is not required to comply with section 59(8) in relation to imposing the condition.\ns 224 sub 2016 No. 30 s 60\n(sec.224-ssec.1) This section applies if— a public land authority, in response to a resource authority holder’s entry notice under a pre-amended Resource Act about entering public land, imposed under the pre-amended Resource Act a condition relating to the entry or the carrying out of an authorised activity; and the condition is in force immediately before the commencement.\n(sec.224-ssec.2) The condition continues in force after the commencement and is taken to be a condition imposed under section 59(2) by the public land authority.\n(sec.224-ssec.3) However, the public land authority is not required to comply with section 59(8) in relation to imposing the condition.\n- (a) a public land authority, in response to a resource authority holder’s entry notice under a pre-amended Resource Act about entering public land, imposed under the pre-amended Resource Act a condition relating to the entry or the carrying out of an authorised activity; and\n- (b) the condition is in force immediately before the commencement.","sortOrder":341},{"sectionNumber":"sec.224A","sectionType":"section","heading":"Continuing notifiable road use","content":"### sec.224A Continuing notifiable road use\n\nThis section applies if—\nbefore the commencement, a resource authority holder used a road for a notifiable road use within the meaning of a Resource Act, as in force before the commencement; and\nafter the commencement, the resource authority holder continues to use the road for the same use.\nIf, before the commencement, the resource authority holder gave notice of the notifiable road use to a road authority for the road under the provisions of a Resource Act that applied to the notice at that time—\nthe resource authority holder is taken to have given the public road authority for the road a notice about the use under section 63(1)(a); and\nthe notice has effect for section 63(1)(a) even if the notice does not comply with the prescribed requirements for it under section 63(1)(a).\nA written consent to carry out the use of the road given before the commencement to the resource authority holder by the road authority is taken to be written consent given to the resource authority holder by the public road authority for the road under section 63(1)(b)(ii).\nIf, before the commencement—\nthe road authority applied under a Resource Act to the Land Court for the Court to decide the resource authority holder’s compensation liability to the road authority for the road; and\nthe application had not lapsed, been decided, been withdrawn or been otherwise finally dealt with;\nthe application is taken to be an application to the Land Court for the Court to decide the resource authority holder’s compensation liability to the public road authority for the road under section 100(1).\nIn this section—\ncommencement means the commencement of chapter 3.\nroad authority means—\na road authority under the pre-amended Mineral Resources Act, section 318EN; or\na public road authority under any of the following provisions as in force immediately before the commencement—\nthe P&G Act, schedule 2\nthe 1923 Act, section 2\nthe Geothermal Act, schedule 2\nthe Greenhouse Gas Act, schedule 2.\ns 224A ins 2017 No. 34 s 79\n(sec.224A-ssec.1) This section applies if— before the commencement, a resource authority holder used a road for a notifiable road use within the meaning of a Resource Act, as in force before the commencement; and after the commencement, the resource authority holder continues to use the road for the same use.\n(sec.224A-ssec.2) If, before the commencement, the resource authority holder gave notice of the notifiable road use to a road authority for the road under the provisions of a Resource Act that applied to the notice at that time— the resource authority holder is taken to have given the public road authority for the road a notice about the use under section 63(1)(a); and the notice has effect for section 63(1)(a) even if the notice does not comply with the prescribed requirements for it under section 63(1)(a).\n(sec.224A-ssec.3) A written consent to carry out the use of the road given before the commencement to the resource authority holder by the road authority is taken to be written consent given to the resource authority holder by the public road authority for the road under section 63(1)(b)(ii).\n(sec.224A-ssec.4) If, before the commencement— the road authority applied under a Resource Act to the Land Court for the Court to decide the resource authority holder’s compensation liability to the road authority for the road; and the application had not lapsed, been decided, been withdrawn or been otherwise finally dealt with; the application is taken to be an application to the Land Court for the Court to decide the resource authority holder’s compensation liability to the public road authority for the road under section 100(1).\n(sec.224A-ssec.5) In this section— commencement means the commencement of chapter 3. road authority means— a road authority under the pre-amended Mineral Resources Act, section 318EN; or a public road authority under any of the following provisions as in force immediately before the commencement— the P&G Act, schedule 2 the 1923 Act, section 2 the Geothermal Act, schedule 2 the Greenhouse Gas Act, schedule 2.\n- (a) before the commencement, a resource authority holder used a road for a notifiable road use within the meaning of a Resource Act, as in force before the commencement; and\n- (b) after the commencement, the resource authority holder continues to use the road for the same use.\n- (a) the resource authority holder is taken to have given the public road authority for the road a notice about the use under section 63(1)(a); and\n- (b) the notice has effect for section 63(1)(a) even if the notice does not comply with the prescribed requirements for it under section 63(1)(a).\n- (a) the road authority applied under a Resource Act to the Land Court for the Court to decide the resource authority holder’s compensation liability to the road authority for the road; and\n- (b) the application had not lapsed, been decided, been withdrawn or been otherwise finally dealt with;\n- (a) a road authority under the pre-amended Mineral Resources Act, section 318EN; or\n- (b) a public road authority under any of the following provisions as in force immediately before the commencement— • the P&G Act, schedule 2 • the 1923 Act, section 2 • the Geothermal Act, schedule 2 • the Greenhouse Gas Act, schedule 2.\n- • the P&G Act, schedule 2\n- • the 1923 Act, section 2\n- • the Geothermal Act, schedule 2\n- • the Greenhouse Gas Act, schedule 2.\n- • the P&G Act, schedule 2\n- • the 1923 Act, section 2\n- • the Geothermal Act, schedule 2\n- • the Greenhouse Gas Act, schedule 2.","sortOrder":342},{"sectionNumber":"sec.225","sectionType":"section","heading":"Existing road use directions","content":"### sec.225 Existing road use directions\n\nThis section applies if—\na public land authority, under a pre-amended Resource Act, gave a road use direction to a resource authority holder; and\nthe direction is in force immediately before the commencement.\nThe direction continues in force after the commencement and is taken to be a road use direction given under section 64(1) by the authority.\nThe direction is valid even if the direction does not comply with section 64(4)(b).\ns 225 sub 2016 No. 30 s 60\n(sec.225-ssec.1) This section applies if— a public land authority, under a pre-amended Resource Act, gave a road use direction to a resource authority holder; and the direction is in force immediately before the commencement.\n(sec.225-ssec.2) The direction continues in force after the commencement and is taken to be a road use direction given under section 64(1) by the authority.\n(sec.225-ssec.3) The direction is valid even if the direction does not comply with section 64(4)(b).\n- (a) a public land authority, under a pre-amended Resource Act, gave a road use direction to a resource authority holder; and\n- (b) the direction is in force immediately before the commencement.","sortOrder":343},{"sectionNumber":"sec.226","sectionType":"section","heading":"Existing written consent to enter land given by second resource authority holder","content":"### sec.226 Existing written consent to enter land given by second resource authority holder\n\nThis section applies if—\na second resource authority holder under a pre-amended Resource Act has given written consent to a first resource authority holder under a pre-amended Resource Act to enter land; and\nthe consent is in force immediately before the commencement.\nThe written consent continues in force and is taken to be written consent to enter land given under section 75 by the second resource authority holder to the first resource authority holder.\nIn this section—\nwritten consent means—\nfor the pre-amended P&G Act—written consent given under the pre-amended P&G Act, section 529; or\nfor the pre-amended 1923 Act—written consent given under the pre-amended 1923 Act, section 79N; or\nfor the pre-amended Geothermal Act—written consent given under the pre-amended Geothermal Act, section 244; or\nfor the pre-amended Greenhouse Gas Act—written consent given under the pre-amended Greenhouse Gas Act, section 317.\ns 226 sub 2016 No. 30 s 60\n(sec.226-ssec.1) This section applies if— a second resource authority holder under a pre-amended Resource Act has given written consent to a first resource authority holder under a pre-amended Resource Act to enter land; and the consent is in force immediately before the commencement.\n(sec.226-ssec.2) The written consent continues in force and is taken to be written consent to enter land given under section 75 by the second resource authority holder to the first resource authority holder.\n(sec.226-ssec.3) In this section— written consent means— for the pre-amended P&G Act—written consent given under the pre-amended P&G Act, section 529; or for the pre-amended 1923 Act—written consent given under the pre-amended 1923 Act, section 79N; or for the pre-amended Geothermal Act—written consent given under the pre-amended Geothermal Act, section 244; or for the pre-amended Greenhouse Gas Act—written consent given under the pre-amended Greenhouse Gas Act, section 317. s 226 sub 2016 No. 30 s 60\n- (a) a second resource authority holder under a pre-amended Resource Act has given written consent to a first resource authority holder under a pre-amended Resource Act to enter land; and\n- (b) the consent is in force immediately before the commencement.\n- (a) for the pre-amended P&G Act—written consent given under the pre-amended P&G Act, section 529; or\n- (b) for the pre-amended 1923 Act—written consent given under the pre-amended 1923 Act, section 79N; or\n- (c) for the pre-amended Geothermal Act—written consent given under the pre-amended Geothermal Act, section 244; or\n- (d) for the pre-amended Greenhouse Gas Act—written consent given under the pre-amended Greenhouse Gas Act, section 317.","sortOrder":344},{"sectionNumber":"sec.227","sectionType":"section","heading":"Existing conduct and compensation agreements","content":"### sec.227 Existing conduct and compensation agreements\n\nThis section applies to a conduct and compensation agreement entered into under a pre-amended Resource Act and in force immediately before the commencement.\nThe agreement continues in force after the commencement and is taken to be a conduct and compensation agreement entered into under section 83(1).\nThe agreement is valid even if the agreement does not comply with a prescribed requirement under section 83(4).\nHowever—\na resource authority holder that is a party to a conduct and compensation agreement must comply with section 92(1) in relation to the agreement within 6 months after the commencement, instead of within 28 days as mentioned in that section; and\na special agreement can not be the subject of an application under section 101 to the Land Court for a review of the original compensation.\nA requirement of a resource authority holder under subsection (4)(a) is a condition of the resource authority.\nIn this section—\nspecial agreement means a compensation agreement under the P&G Act, section 923.\ns 227 sub 2016 No. 30 s 60\n(sec.227-ssec.1) This section applies to a conduct and compensation agreement entered into under a pre-amended Resource Act and in force immediately before the commencement.\n(sec.227-ssec.2) The agreement continues in force after the commencement and is taken to be a conduct and compensation agreement entered into under section 83(1).\n(sec.227-ssec.3) The agreement is valid even if the agreement does not comply with a prescribed requirement under section 83(4).\n(sec.227-ssec.4) However— a resource authority holder that is a party to a conduct and compensation agreement must comply with section 92(1) in relation to the agreement within 6 months after the commencement, instead of within 28 days as mentioned in that section; and a special agreement can not be the subject of an application under section 101 to the Land Court for a review of the original compensation.\n(sec.227-ssec.5) A requirement of a resource authority holder under subsection (4)(a) is a condition of the resource authority.\n(sec.227-ssec.6) In this section— special agreement means a compensation agreement under the P&G Act, section 923.\n- (a) a resource authority holder that is a party to a conduct and compensation agreement must comply with section 92(1) in relation to the agreement within 6 months after the commencement, instead of within 28 days as mentioned in that section; and\n- (b) a special agreement can not be the subject of an application under section 101 to the Land Court for a review of the original compensation.","sortOrder":345},{"sectionNumber":"sec.228","sectionType":"section","heading":"Existing negotiations for conduct and compensation agreement or deferral agreement","content":"### sec.228 Existing negotiations for conduct and compensation agreement or deferral agreement\n\nThis section applies if—\nbefore the commencement, a resource authority holder gave an eligible claimant a negotiation notice, under the old land access provisions, that the holder wished to negotiate a conduct and compensation agreement or a deferral agreement with the claimant; and\nthe resource authority holder and the eligible claimant had not entered into a conduct and compensation agreement or deferral agreement before the commencement.\nThe negotiations for the conduct and compensation agreement or the deferral agreement are to continue under the old land access provisions that, before the commencement, applied in relation to the negotiation notice.\nSubsection (2) applies despite the repeal of the old land access provisions.\nIf the negotiations under the old land access provisions result in the making of a conduct and compensation agreement after the commencement, the agreement is taken to be a conduct and compensation agreement entered into under section 83(1).\nIf the negotiations under the old land access provisions result in the making of a deferral agreement after the commencement, the agreement is taken to be a deferral agreement entered into under section 44(2).\nIf the negotiations under the old land access provisions result in a decision of the Land Court under the old land access provisions, the decision is taken to be a decision of the Land Court under the new land access provisions.\nIn this section—\nnew land access provisions means chapter 3.\nold land access provisions means—\nthe Mineral Resources Act, schedule 1; or\nthe P&G Act, chapter 5, parts 2 and 5; or\nthe 1923 Act, parts 6H and 6K; or\nthe Geothermal Act, chapter 5, parts 5 and 8; or\nthe Greenhouse Gas Act, chapter 5, parts 7 and 10.\ns 228 sub 2016 No. 30 s 60\n(sec.228-ssec.1) This section applies if— before the commencement, a resource authority holder gave an eligible claimant a negotiation notice, under the old land access provisions, that the holder wished to negotiate a conduct and compensation agreement or a deferral agreement with the claimant; and the resource authority holder and the eligible claimant had not entered into a conduct and compensation agreement or deferral agreement before the commencement.\n(sec.228-ssec.2) The negotiations for the conduct and compensation agreement or the deferral agreement are to continue under the old land access provisions that, before the commencement, applied in relation to the negotiation notice.\n(sec.228-ssec.3) Subsection (2) applies despite the repeal of the old land access provisions.\n(sec.228-ssec.4) If the negotiations under the old land access provisions result in the making of a conduct and compensation agreement after the commencement, the agreement is taken to be a conduct and compensation agreement entered into under section 83(1).\n(sec.228-ssec.5) If the negotiations under the old land access provisions result in the making of a deferral agreement after the commencement, the agreement is taken to be a deferral agreement entered into under section 44(2).\n(sec.228-ssec.6) If the negotiations under the old land access provisions result in a decision of the Land Court under the old land access provisions, the decision is taken to be a decision of the Land Court under the new land access provisions.\n(sec.228-ssec.7) In this section— new land access provisions means chapter 3. old land access provisions means— the Mineral Resources Act, schedule 1; or the P&G Act, chapter 5, parts 2 and 5; or the 1923 Act, parts 6H and 6K; or the Geothermal Act, chapter 5, parts 5 and 8; or the Greenhouse Gas Act, chapter 5, parts 7 and 10. s 228 sub 2016 No. 30 s 60\n- (a) before the commencement, a resource authority holder gave an eligible claimant a negotiation notice, under the old land access provisions, that the holder wished to negotiate a conduct and compensation agreement or a deferral agreement with the claimant; and\n- (b) the resource authority holder and the eligible claimant had not entered into a conduct and compensation agreement or deferral agreement before the commencement.\n- (a) the Mineral Resources Act, schedule 1; or\n- (b) the P&G Act, chapter 5, parts 2 and 5; or\n- (c) the 1923 Act, parts 6H and 6K; or\n- (d) the Geothermal Act, chapter 5, parts 5 and 8; or\n- (e) the Greenhouse Gas Act, chapter 5, parts 7 and 10.","sortOrder":346},{"sectionNumber":"sec.228A","sectionType":"section","heading":"Existing road compensation agreements","content":"### sec.228A Existing road compensation agreements\n\nThis section applies to a road compensation agreement entered into under a pre-amended Resource Act and in force immediately before the commencement.\nThe agreement continues in force after the commencement and is taken to be a road compensation agreement entered into under section 94(1).\nThe agreement is valid even if the agreement does not comply with a prescribed requirement under section 94(2).\ns 228A ins 2016 No. 30 s 60\n(sec.228A-ssec.1) This section applies to a road compensation agreement entered into under a pre-amended Resource Act and in force immediately before the commencement.\n(sec.228A-ssec.2) The agreement continues in force after the commencement and is taken to be a road compensation agreement entered into under section 94(1).\n(sec.228A-ssec.3) The agreement is valid even if the agreement does not comply with a prescribed requirement under section 94(2).","sortOrder":347},{"sectionNumber":"sec.228B","sectionType":"section","heading":"Existing requirements under Mineral Resources Act to obtain written consent of owner to enter restricted land","content":"### sec.228B Existing requirements under Mineral Resources Act to obtain written consent of owner to enter restricted land\n\nThis section applies if, before the commencement—\na prospecting permit holder under the pre-amended Mineral Resources Act was permitted, under the pre-amended Mineral Resources Act, section 19(4), to enter restricted land only with the written consent of the owner of the land where the relevant permanent building, or relevant feature, was situated; or\nan exploration permit holder under the pre-amended Mineral Resources Act was permitted, under the pre-amended Mineral Resources Act, section 129(3), to enter the surface of restricted land only with the written consent of the owner of the land where the relevant permanent building, or relevant feature, was situated; or\na mineral development licence holder under the pre-amended Mineral Resources Act was permitted, under the pre-amended Mineral Resources Act, section 181(8), to enter the surface of restricted land only with the written consent of the owner of the land where the relevant permanent building, or relevant feature, was situated.\nThe pre-amended Mineral Resources Act continues to apply in relation to entry to the restricted land as if—\nthe new restricted land entry provisions had not commenced; and\nthe Mineral Resources Act, sections 19, 20, 129 and 181, and schedule 2, definitions restricted land , restricted land (category A) and restricted land (category B) had not been repealed.\ns 228B ins 2016 No. 30 s 60\n(sec.228B-ssec.1) This section applies if, before the commencement— a prospecting permit holder under the pre-amended Mineral Resources Act was permitted, under the pre-amended Mineral Resources Act, section 19(4), to enter restricted land only with the written consent of the owner of the land where the relevant permanent building, or relevant feature, was situated; or an exploration permit holder under the pre-amended Mineral Resources Act was permitted, under the pre-amended Mineral Resources Act, section 129(3), to enter the surface of restricted land only with the written consent of the owner of the land where the relevant permanent building, or relevant feature, was situated; or a mineral development licence holder under the pre-amended Mineral Resources Act was permitted, under the pre-amended Mineral Resources Act, section 181(8), to enter the surface of restricted land only with the written consent of the owner of the land where the relevant permanent building, or relevant feature, was situated.\n(sec.228B-ssec.2) The pre-amended Mineral Resources Act continues to apply in relation to entry to the restricted land as if— the new restricted land entry provisions had not commenced; and the Mineral Resources Act, sections 19, 20, 129 and 181, and schedule 2, definitions restricted land , restricted land (category A) and restricted land (category B) had not been repealed.\n- (a) a prospecting permit holder under the pre-amended Mineral Resources Act was permitted, under the pre-amended Mineral Resources Act, section 19(4), to enter restricted land only with the written consent of the owner of the land where the relevant permanent building, or relevant feature, was situated; or\n- (b) an exploration permit holder under the pre-amended Mineral Resources Act was permitted, under the pre-amended Mineral Resources Act, section 129(3), to enter the surface of restricted land only with the written consent of the owner of the land where the relevant permanent building, or relevant feature, was situated; or\n- (c) a mineral development licence holder under the pre-amended Mineral Resources Act was permitted, under the pre-amended Mineral Resources Act, section 181(8), to enter the surface of restricted land only with the written consent of the owner of the land where the relevant permanent building, or relevant feature, was situated.\n- (a) the new restricted land entry provisions had not commenced; and\n- (b) the Mineral Resources Act, sections 19, 20, 129 and 181, and schedule 2, definitions restricted land , restricted land (category A) and restricted land (category B) had not been repealed.","sortOrder":348},{"sectionNumber":"sec.228C","sectionType":"section","heading":"Existing requirements under Geothermal Act to obtain written consent of owner to carry out authorised activities on particular land","content":"### sec.228C Existing requirements under Geothermal Act to obtain written consent of owner to carry out authorised activities on particular land\n\nThis section applies if, before the commencement—\nan authorised activity for a geothermal tenure was permitted, under the pre-amended Geothermal Act, section 358(2), to be carried out on land within 300m laterally of a permanent building mentioned in the pre-amended Geothermal Act, section 358(2) only with the written consent of the owner or occupier of the building; or\nan authorised activity for a geothermal tenure was permitted, under the pre-amended Geothermal Act, section 358(3), to be carried out on land within 50m laterally of a thing mentioned in the pre-amended Geothermal Act, section 358(3) only with the written consent of the owner or occupier of the thing.\nThe pre-amended Geothermal Act continues to apply in relation to entry to the land as if—\nthe new restricted land entry provisions had not commenced; and\nthe Geothermal Act, section 358 had not been repealed.\ns 228C ins 2016 No. 30 s 60\n(sec.228C-ssec.1) This section applies if, before the commencement— an authorised activity for a geothermal tenure was permitted, under the pre-amended Geothermal Act, section 358(2), to be carried out on land within 300m laterally of a permanent building mentioned in the pre-amended Geothermal Act, section 358(2) only with the written consent of the owner or occupier of the building; or an authorised activity for a geothermal tenure was permitted, under the pre-amended Geothermal Act, section 358(3), to be carried out on land within 50m laterally of a thing mentioned in the pre-amended Geothermal Act, section 358(3) only with the written consent of the owner or occupier of the thing.\n(sec.228C-ssec.2) The pre-amended Geothermal Act continues to apply in relation to entry to the land as if— the new restricted land entry provisions had not commenced; and the Geothermal Act, section 358 had not been repealed.\n- (a) an authorised activity for a geothermal tenure was permitted, under the pre-amended Geothermal Act, section 358(2), to be carried out on land within 300m laterally of a permanent building mentioned in the pre-amended Geothermal Act, section 358(2) only with the written consent of the owner or occupier of the building; or\n- (b) an authorised activity for a geothermal tenure was permitted, under the pre-amended Geothermal Act, section 358(3), to be carried out on land within 50m laterally of a thing mentioned in the pre-amended Geothermal Act, section 358(3) only with the written consent of the owner or occupier of the thing.\n- (a) the new restricted land entry provisions had not commenced; and\n- (b) the Geothermal Act, section 358 had not been repealed.","sortOrder":349},{"sectionNumber":"sec.228D","sectionType":"section","heading":"Land access requirements for particular applications under Mineral Resources Act not decided before commencement","content":"### sec.228D Land access requirements for particular applications under Mineral Resources Act not decided before commencement\n\nThis section applies if—\nbefore the commencement, a person applied for a prospecting permit, exploration permit or mineral development licence under the pre-amended Mineral Resources Act; and\nthe prospecting permit, exploration permit or mineral development licence is granted after the commencement; and\nif the permit or licence had been granted under the pre-amended Mineral Resources Act—the holder of the permit or licence would have been permitted under section 19 (4) , 129 (3) or 181 (8) of that Act to enter, or enter the surface of, restricted land only with the written consent of the owner of the land where the relevant permanent building, or relevant feature, was situated.\nThe pre-amended Mineral Resources Act continues to apply in relation to entry to the restricted land as if—\nthe new restricted land entry provisions had not commenced; and\nthe Mineral Resources Act, sections 19, 20, 129 and 181, and schedule 2, definitions restricted land , restricted land (category A) and restricted land (category B) had not been replaced or repealed.\nIn this section—\ncommencement means the commencement of chapter 3.\ns 228D ins 2017 No. 34 s 80\n(sec.228D-ssec.1) This section applies if— before the commencement, a person applied for a prospecting permit, exploration permit or mineral development licence under the pre-amended Mineral Resources Act; and the prospecting permit, exploration permit or mineral development licence is granted after the commencement; and if the permit or licence had been granted under the pre-amended Mineral Resources Act—the holder of the permit or licence would have been permitted under section 19 (4) , 129 (3) or 181 (8) of that Act to enter, or enter the surface of, restricted land only with the written consent of the owner of the land where the relevant permanent building, or relevant feature, was situated.\n(sec.228D-ssec.2) The pre-amended Mineral Resources Act continues to apply in relation to entry to the restricted land as if— the new restricted land entry provisions had not commenced; and the Mineral Resources Act, sections 19, 20, 129 and 181, and schedule 2, definitions restricted land , restricted land (category A) and restricted land (category B) had not been replaced or repealed.\n(sec.228D-ssec.3) In this section— commencement means the commencement of chapter 3.\n- (a) before the commencement, a person applied for a prospecting permit, exploration permit or mineral development licence under the pre-amended Mineral Resources Act; and\n- (b) the prospecting permit, exploration permit or mineral development licence is granted after the commencement; and\n- (c) if the permit or licence had been granted under the pre-amended Mineral Resources Act—the holder of the permit or licence would have been permitted under section 19 (4) , 129 (3) or 181 (8) of that Act to enter, or enter the surface of, restricted land only with the written consent of the owner of the land where the relevant permanent building, or relevant feature, was situated.\n- (a) the new restricted land entry provisions had not commenced; and\n- (b) the Mineral Resources Act, sections 19, 20, 129 and 181, and schedule 2, definitions restricted land , restricted land (category A) and restricted land (category B) had not been replaced or repealed.","sortOrder":350},{"sectionNumber":"sec.228E","sectionType":"section","heading":"Land access requirements for particular applications under Geothermal Act not decided before commencement","content":"### sec.228E Land access requirements for particular applications under Geothermal Act not decided before commencement\n\nThis section applies if—\nbefore the commencement, a person applied for a geothermal tenure under the pre-amended Geothermal Act; and\nthe geothermal tenure is granted after the commencement; and\nif the geothermal tenure had been granted under the pre-amended Geothermal Act, an authorised activity for the geothermal tenure—\nwould have been permitted, under the pre-amended Geothermal Act, section 358(2), to be carried out on land within 300m laterally of a permanent building mentioned in section 358 (2) of that Act only with the written consent of the owner or occupier of the building; or\nwould have been permitted, under the pre-amended Geothermal Act, section 358(3), to be carried out on land within 50m laterally of a thing mentioned in section 358 (3) of that Act only with the written consent of the owner or occupier of the thing.\nThe pre-amended Geothermal Act continues to apply in relation to entry to the land as if—\nthe new restricted land entry provisions had not commenced; and\nthe Geothermal Act, section 358 had not been repealed.\nIn this section—\ncommencement means the commencement of chapter 3.\ns 228E ins 2017 No. 34 s 80\n(sec.228E-ssec.1) This section applies if— before the commencement, a person applied for a geothermal tenure under the pre-amended Geothermal Act; and the geothermal tenure is granted after the commencement; and if the geothermal tenure had been granted under the pre-amended Geothermal Act, an authorised activity for the geothermal tenure— would have been permitted, under the pre-amended Geothermal Act, section 358(2), to be carried out on land within 300m laterally of a permanent building mentioned in section 358 (2) of that Act only with the written consent of the owner or occupier of the building; or would have been permitted, under the pre-amended Geothermal Act, section 358(3), to be carried out on land within 50m laterally of a thing mentioned in section 358 (3) of that Act only with the written consent of the owner or occupier of the thing.\n(sec.228E-ssec.2) The pre-amended Geothermal Act continues to apply in relation to entry to the land as if— the new restricted land entry provisions had not commenced; and the Geothermal Act, section 358 had not been repealed.\n(sec.228E-ssec.3) In this section— commencement means the commencement of chapter 3.\n- (a) before the commencement, a person applied for a geothermal tenure under the pre-amended Geothermal Act; and\n- (b) the geothermal tenure is granted after the commencement; and\n- (c) if the geothermal tenure had been granted under the pre-amended Geothermal Act, an authorised activity for the geothermal tenure— (i) would have been permitted, under the pre-amended Geothermal Act, section 358(2), to be carried out on land within 300m laterally of a permanent building mentioned in section 358 (2) of that Act only with the written consent of the owner or occupier of the building; or (ii) would have been permitted, under the pre-amended Geothermal Act, section 358(3), to be carried out on land within 50m laterally of a thing mentioned in section 358 (3) of that Act only with the written consent of the owner or occupier of the thing.\n- (i) would have been permitted, under the pre-amended Geothermal Act, section 358(2), to be carried out on land within 300m laterally of a permanent building mentioned in section 358 (2) of that Act only with the written consent of the owner or occupier of the building; or\n- (ii) would have been permitted, under the pre-amended Geothermal Act, section 358(3), to be carried out on land within 50m laterally of a thing mentioned in section 358 (3) of that Act only with the written consent of the owner or occupier of the thing.\n- (i) would have been permitted, under the pre-amended Geothermal Act, section 358(2), to be carried out on land within 300m laterally of a permanent building mentioned in section 358 (2) of that Act only with the written consent of the owner or occupier of the building; or\n- (ii) would have been permitted, under the pre-amended Geothermal Act, section 358(3), to be carried out on land within 50m laterally of a thing mentioned in section 358 (3) of that Act only with the written consent of the owner or occupier of the thing.\n- (a) the new restricted land entry provisions had not commenced; and\n- (b) the Geothermal Act, section 358 had not been repealed.","sortOrder":351},{"sectionNumber":"sec.228F","sectionType":"section","heading":"Land access requirements for relevant resource authorities applied for before commencement","content":"### sec.228F Land access requirements for relevant resource authorities applied for before commencement\n\nThis section applies if—\nbefore the commencement, a person applied for a relevant resource authority; and\nthe relevant resource authority was granted before the commencement or is granted after the commencement.\nThe new restricted land entry provisions do not apply in relation to the relevant resource authority.\nIn this section—\ncommencement means the commencement of chapter 3.\nrelevant resource authority means—\na mining claim or a mining lease under the Mineral Resources Act; or\na resource authority under the P&G Act; or\na lease under the 1923 Act; or\na resource authority under the Greenhouse Gas Act.\ns 228F ins 2017 No. 34 s 80\n(sec.228F-ssec.1) This section applies if— before the commencement, a person applied for a relevant resource authority; and the relevant resource authority was granted before the commencement or is granted after the commencement.\n(sec.228F-ssec.2) The new restricted land entry provisions do not apply in relation to the relevant resource authority.\n(sec.228F-ssec.3) In this section— commencement means the commencement of chapter 3. relevant resource authority means— a mining claim or a mining lease under the Mineral Resources Act; or a resource authority under the P&G Act; or a lease under the 1923 Act; or a resource authority under the Greenhouse Gas Act.\n- (a) before the commencement, a person applied for a relevant resource authority; and\n- (b) the relevant resource authority was granted before the commencement or is granted after the commencement.\n- (a) a mining claim or a mining lease under the Mineral Resources Act; or\n- (b) a resource authority under the P&G Act; or\n- (c) a lease under the 1923 Act; or\n- (d) a resource authority under the Greenhouse Gas Act.","sortOrder":352},{"sectionNumber":"ch.9-pt.4","sectionType":"part","heading":"Provisions for overlapping coal and petroleum resource authorities","content":"# Provisions for overlapping coal and petroleum resource authorities","sortOrder":353},{"sectionNumber":"ch.9-pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":354},{"sectionNumber":"sec.229","sectionType":"section","heading":"Definitions for pt 4","content":"### sec.229 Definitions for pt 4\n\nIn this part—\ncommencement means the commencement of this part.\nCommon Provisions Act means this Act.\nnew overlap provisions means chapter 4 of this Act.\noverlap see section 231.\npre-amended Mineral Resources Act means the Mineral Resources Act as in force immediately before the commencement.\npre-amended P&G Act means the P&G Act as in force immediately before the commencement.","sortOrder":355},{"sectionNumber":"sec.230","sectionType":"section","heading":"Ch 4 definitions","content":"### sec.230 Ch 4 definitions\n\nUnless the context otherwise requires, an expression defined in chapter 4 has the same meaning in this part.","sortOrder":356},{"sectionNumber":"sec.231","sectionType":"section","heading":"Overlapping resource authorities","content":"### sec.231 Overlapping resource authorities\n\nA resource authority overlaps another resource authority if the authorities’ areas contain the same overlapping area.","sortOrder":357},{"sectionNumber":"sec.231A","sectionType":"section","heading":"Existing agreement between resource holders","content":"### sec.231A Existing agreement between resource holders\n\nThis section applies if—\na non-mandatory provision applies to resource authority holders for an overlapping area; and\nthe non-mandatory provision is inconsistent with a term of an existing agreement between the resource authority holders.\nThe resource authority holders are taken to have agreed, under section 117(2), that the non-mandatory provision does not apply for the overlapping area.\nSubsection (2) does not apply if, after the commencement, the resource authority holders agree that the non-mandatory provision does apply for the overlapping area.\nIn this section—\nexisting agreement means a written legally binding agreement in force immediately before the commencement.\nnon-mandatory provision means a provision, or a part of a provision, of chapter 4 other than a provision, or a part of a provision, mentioned in section 117(1).\ns 231A ins 2016 No. 30 s 61\n(sec.231A-ssec.1) This section applies if— a non-mandatory provision applies to resource authority holders for an overlapping area; and the non-mandatory provision is inconsistent with a term of an existing agreement between the resource authority holders.\n(sec.231A-ssec.2) The resource authority holders are taken to have agreed, under section 117(2), that the non-mandatory provision does not apply for the overlapping area.\n(sec.231A-ssec.3) Subsection (2) does not apply if, after the commencement, the resource authority holders agree that the non-mandatory provision does apply for the overlapping area.\n(sec.231A-ssec.4) In this section— existing agreement means a written legally binding agreement in force immediately before the commencement. non-mandatory provision means a provision, or a part of a provision, of chapter 4 other than a provision, or a part of a provision, mentioned in section 117(1).\n- (a) a non-mandatory provision applies to resource authority holders for an overlapping area; and\n- (b) the non-mandatory provision is inconsistent with a term of an existing agreement between the resource authority holders.","sortOrder":358},{"sectionNumber":"ch.9-pt.4-div.1A","sectionType":"division","heading":"Overlapping exploration resource authorities","content":"## Overlapping exploration resource authorities","sortOrder":359},{"sectionNumber":"sec.231B","sectionType":"section","heading":"Exploration resource authorities","content":"### sec.231B Exploration resource authorities\n\nThe following table applies for this section—\nColumn 1\nColumn 2\nexploration permit (coal)\nauthority to prospect (csg)\nmineral development licence (coal)\nauthority to prospect (csg)\nauthority to prospect (csg)\neither of the following—\nexploration permit (coal);\nmineral development licence (coal)\nThis section applies to a column 1 exploration resource authority if—\nthe exploration resource authority—\nwas granted before the commencement; or\nwas applied for before the commencement and is granted after the commencement; and\nthe exploration resource authority overlaps a corresponding column 2 exploration resource authority that—\nwas granted before the commencement; or\nwas applied for before the commencement and is granted after the commencement.\nThe new overlap provisions apply to the circumstance of the column 1 exploration resource authority overlapping the corresponding column 2 exploration resource authority.\nFor applying the new overlap provisions to an overlapping area for a column 1 exploration resource authority (whenever granted) and a corresponding column 2 exploration resource authority granted before the commencement, the overlapping area is taken to come into existence on the commencement.\nIn this section—\ncolumn 1 exploration resource authority means a resource authority listed in column 1 of the table for this section.\ncorresponding column 2 exploration resource authority , for a column 1 exploration resource authority, means the resource authority listed in column 2 of the table for this section opposite the column 1 exploration resource authority.\ns 231B ins 2016 No. 30 s 61\n(sec.231B-ssec.1) The following table applies for this section— Column 1 Column 2 exploration permit (coal) authority to prospect (csg) mineral development licence (coal) authority to prospect (csg) authority to prospect (csg) either of the following— exploration permit (coal); mineral development licence (coal)\n(sec.231B-ssec.2) This section applies to a column 1 exploration resource authority if— the exploration resource authority— was granted before the commencement; or was applied for before the commencement and is granted after the commencement; and the exploration resource authority overlaps a corresponding column 2 exploration resource authority that— was granted before the commencement; or was applied for before the commencement and is granted after the commencement.\n(sec.231B-ssec.3) The new overlap provisions apply to the circumstance of the column 1 exploration resource authority overlapping the corresponding column 2 exploration resource authority.\n(sec.231B-ssec.4) For applying the new overlap provisions to an overlapping area for a column 1 exploration resource authority (whenever granted) and a corresponding column 2 exploration resource authority granted before the commencement, the overlapping area is taken to come into existence on the commencement.\n(sec.231B-ssec.5) In this section— column 1 exploration resource authority means a resource authority listed in column 1 of the table for this section. corresponding column 2 exploration resource authority , for a column 1 exploration resource authority, means the resource authority listed in column 2 of the table for this section opposite the column 1 exploration resource authority.\n- (a) the exploration resource authority— (i) was granted before the commencement; or (ii) was applied for before the commencement and is granted after the commencement; and\n- (i) was granted before the commencement; or\n- (ii) was applied for before the commencement and is granted after the commencement; and\n- (b) the exploration resource authority overlaps a corresponding column 2 exploration resource authority that— (i) was granted before the commencement; or (ii) was applied for before the commencement and is granted after the commencement.\n- (i) was granted before the commencement; or\n- (ii) was applied for before the commencement and is granted after the commencement.\n- (i) was granted before the commencement; or\n- (ii) was applied for before the commencement and is granted after the commencement; and\n- (i) was granted before the commencement; or\n- (ii) was applied for before the commencement and is granted after the commencement.","sortOrder":360},{"sectionNumber":"ch.9-pt.4-div.2","sectionType":"division","heading":"Resource authorities granted over existing production resource authorities","content":"## Resource authorities granted over existing production resource authorities","sortOrder":361},{"sectionNumber":"sec.232","sectionType":"section","heading":"Coal resource authority granted over existing PL","content":"### sec.232 Coal resource authority granted over existing PL\n\nIf a coal resource authority, whenever granted, overlaps a PL that was granted before the commencement, the Mineral Resources Act applies to the circumstance of the coal resource authority overlapping the PL as if the Common Provisions Act had not been enacted.\nDespite subsection (1), the new overlap provisions apply to the circumstance of a coal resource authority overlapping a PL if—\nthe coal resource authority holder and the PL holder agree that the new overlap provisions apply; and\nthe coal resource authority holder and PL holder jointly give written notice to the chief executive of the agreement.\ns 232 amd 2016 No. 30 s 62\n(sec.232-ssec.1) If a coal resource authority, whenever granted, overlaps a PL that was granted before the commencement, the Mineral Resources Act applies to the circumstance of the coal resource authority overlapping the PL as if the Common Provisions Act had not been enacted.\n(sec.232-ssec.2) Despite subsection (1), the new overlap provisions apply to the circumstance of a coal resource authority overlapping a PL if— the coal resource authority holder and the PL holder agree that the new overlap provisions apply; and the coal resource authority holder and PL holder jointly give written notice to the chief executive of the agreement.\n- (a) the coal resource authority holder and the PL holder agree that the new overlap provisions apply; and\n- (b) the coal resource authority holder and PL holder jointly give written notice to the chief executive of the agreement.","sortOrder":362},{"sectionNumber":"sec.233","sectionType":"section","heading":"Petroleum resource authority granted over existing ML (coal)","content":"### sec.233 Petroleum resource authority granted over existing ML (coal)\n\nIf a petroleum resource authority, whenever granted, overlaps an ML (coal) that was granted before the commencement, the P&G Act applies to the circumstance of the petroleum resource authority overlapping the ML (coal) as if the Common Provisions Act had not been enacted.\nDespite subsection (1), the new overlap provisions apply to the circumstance of a petroleum resource authority overlapping an ML (coal) if—\nthe petroleum resource authority holder and the ML (coal) holder agree that the new overlap provisions apply; and\nthe petroleum resource authority holder and ML (coal) holder jointly give written notice to the chief executive of the agreement.\ns 233 amd 2016 No. 30 s 63\n(sec.233-ssec.1) If a petroleum resource authority, whenever granted, overlaps an ML (coal) that was granted before the commencement, the P&G Act applies to the circumstance of the petroleum resource authority overlapping the ML (coal) as if the Common Provisions Act had not been enacted.\n(sec.233-ssec.2) Despite subsection (1), the new overlap provisions apply to the circumstance of a petroleum resource authority overlapping an ML (coal) if— the petroleum resource authority holder and the ML (coal) holder agree that the new overlap provisions apply; and the petroleum resource authority holder and ML (coal) holder jointly give written notice to the chief executive of the agreement.\n- (a) the petroleum resource authority holder and the ML (coal) holder agree that the new overlap provisions apply; and\n- (b) the petroleum resource authority holder and ML (coal) holder jointly give written notice to the chief executive of the agreement.","sortOrder":363},{"sectionNumber":"ch.9-pt.4-div.2A","sectionType":"division","heading":"Existing applications under Mineral Resources Act, chapter 6","content":"## Existing applications under Mineral Resources Act, chapter 6","sortOrder":364},{"sectionNumber":"sec.233A","sectionType":"section","heading":"Application for ML (coal) over land in area of existing ATP","content":"### sec.233A Application for ML (coal) over land in area of existing ATP\n\nThis section applies if—\na person made an application, under the pre-amended Mineral Resources Act, chapter 6, for the grant of an ML (coal); and\nthe application was made but not decided before the commencement; and\nthe ML (coal) overlaps an ATP that was applied for after the date of the application for the ML (coal) but granted before the commencement.\nThe new overlap provisions apply to the circumstance of the ML (coal) overlapping the ATP.\nFor applying the new overlap provisions—\nthe overlapping area for the ML (coal) and ATP is taken to come into existence on the commencement; and\ndespite sections 115(2) and 120, the ML (coal) holder has sole occupancy of the IMA for the overlapping area from the date stated under subsection (4)(b) by the ML (coal) holder, but only if the ML (coal) holder has given the ATP holder a notice as required under subsection (4); and\nthe date stated under subsection (4)(b) by the ML (coal) holder is taken to be the mining commencement date; and\ndespite section 127, the ATP holder may not give an exceptional circumstances notice to the ML (coal) holder; and\ndespite section 138(2)(b), the ML (coal) holder must make the offer mentioned in section 138(2) as early as practicable after the overlapping area is taken to come into existence.\nThe notice must—\nstate that the ML (coal) holder intends to start carrying out authorised activities for the ML (coal) in the IMA in the overlapping area; and\nstate the date on which the ML (coal) holder will take sole occupancy of the IMA; and\ninclude any other information prescribed by regulation; and\nbe given at least 3 months before the date mentioned in paragraph (b), or within the period otherwise agreed between the ML (coal) holder and ATP holder.\ns 233A ins 2016 No. 30 s 64\n(sec.233A-ssec.1) This section applies if— a person made an application, under the pre-amended Mineral Resources Act, chapter 6, for the grant of an ML (coal); and the application was made but not decided before the commencement; and the ML (coal) overlaps an ATP that was applied for after the date of the application for the ML (coal) but granted before the commencement.\n(sec.233A-ssec.2) The new overlap provisions apply to the circumstance of the ML (coal) overlapping the ATP.\n(sec.233A-ssec.3) For applying the new overlap provisions— the overlapping area for the ML (coal) and ATP is taken to come into existence on the commencement; and despite sections 115(2) and 120, the ML (coal) holder has sole occupancy of the IMA for the overlapping area from the date stated under subsection (4)(b) by the ML (coal) holder, but only if the ML (coal) holder has given the ATP holder a notice as required under subsection (4); and the date stated under subsection (4)(b) by the ML (coal) holder is taken to be the mining commencement date; and despite section 127, the ATP holder may not give an exceptional circumstances notice to the ML (coal) holder; and despite section 138(2)(b), the ML (coal) holder must make the offer mentioned in section 138(2) as early as practicable after the overlapping area is taken to come into existence.\n(sec.233A-ssec.4) The notice must— state that the ML (coal) holder intends to start carrying out authorised activities for the ML (coal) in the IMA in the overlapping area; and state the date on which the ML (coal) holder will take sole occupancy of the IMA; and include any other information prescribed by regulation; and be given at least 3 months before the date mentioned in paragraph (b), or within the period otherwise agreed between the ML (coal) holder and ATP holder.\n- (a) a person made an application, under the pre-amended Mineral Resources Act, chapter 6, for the grant of an ML (coal); and\n- (b) the application was made but not decided before the commencement; and\n- (c) the ML (coal) overlaps an ATP that was applied for after the date of the application for the ML (coal) but granted before the commencement.\n- (a) the overlapping area for the ML (coal) and ATP is taken to come into existence on the commencement; and\n- (b) despite sections 115(2) and 120, the ML (coal) holder has sole occupancy of the IMA for the overlapping area from the date stated under subsection (4)(b) by the ML (coal) holder, but only if the ML (coal) holder has given the ATP holder a notice as required under subsection (4); and\n- (c) the date stated under subsection (4)(b) by the ML (coal) holder is taken to be the mining commencement date; and\n- (d) despite section 127, the ATP holder may not give an exceptional circumstances notice to the ML (coal) holder; and\n- (e) despite section 138(2)(b), the ML (coal) holder must make the offer mentioned in section 138(2) as early as practicable after the overlapping area is taken to come into existence.\n- (a) state that the ML (coal) holder intends to start carrying out authorised activities for the ML (coal) in the IMA in the overlapping area; and\n- (b) state the date on which the ML (coal) holder will take sole occupancy of the IMA; and\n- (c) include any other information prescribed by regulation; and\n- (d) be given at least 3 months before the date mentioned in paragraph (b), or within the period otherwise agreed between the ML (coal) holder and ATP holder.","sortOrder":365},{"sectionNumber":"ch.9-pt.4-div.3","sectionType":"division","heading":"Existing applications under Mineral Resources Act, chapter 8","content":"## Existing applications under Mineral Resources Act, chapter 8","sortOrder":366},{"sectionNumber":"sec.234","sectionType":"section","heading":"Application for ML (coal) over land in area of ATP (without consent)","content":"### sec.234 Application for ML (coal) over land in area of ATP (without consent)\n\nThis section applies if—\na person mentioned in the pre-amended Mineral Resources Act, section 318AO made an application for the grant of an ML (coal) that included the additional requirements mentioned in the pre-amended Mineral Resources Act, section 318AP; and\nthe application was made but not decided before the commencement.\nThe new overlap provisions apply to the circumstance of the ML (coal) overlapping an ATP.\nFor applying the requirement under the new overlap provisions to give an advance notice for the ML (coal), the application for the grant of the ML (coal) is taken to have been made on the commencement.\nIf the applicant for the grant of the ML (coal) has given the ATP holder a copy of the application, as required under the pre-amended Mineral Resources Act, section 318AT(1)(a), the mining commencement date for an IMA, despite section 115(2)(a) of the new overlap provisions, may be a date that—\nis agreed between the applicant and the ATP holder; or\nis at least—\n18 months after the date on which the applicant for the grant of the ML (coal) has given the ATP holder a copy of the application under the pre-amended Mineral Resources Act, section 318AT(1)(a); and\n3 months after the commencement.\nIn this section—\nATP means an authority to prospect mentioned in the pre-amended Mineral Resources Act, section 318AO(1), if the intention of the holder is to explore and test for coal seam gas.\ns 234 amd 2016 No. 30 s 65\n(sec.234-ssec.1) This section applies if— a person mentioned in the pre-amended Mineral Resources Act, section 318AO made an application for the grant of an ML (coal) that included the additional requirements mentioned in the pre-amended Mineral Resources Act, section 318AP; and the application was made but not decided before the commencement.\n(sec.234-ssec.2) The new overlap provisions apply to the circumstance of the ML (coal) overlapping an ATP.\n(sec.234-ssec.3) For applying the requirement under the new overlap provisions to give an advance notice for the ML (coal), the application for the grant of the ML (coal) is taken to have been made on the commencement.\n(sec.234-ssec.4) If the applicant for the grant of the ML (coal) has given the ATP holder a copy of the application, as required under the pre-amended Mineral Resources Act, section 318AT(1)(a), the mining commencement date for an IMA, despite section 115(2)(a) of the new overlap provisions, may be a date that— is agreed between the applicant and the ATP holder; or is at least— 18 months after the date on which the applicant for the grant of the ML (coal) has given the ATP holder a copy of the application under the pre-amended Mineral Resources Act, section 318AT(1)(a); and 3 months after the commencement.\n(sec.234-ssec.5) In this section— ATP means an authority to prospect mentioned in the pre-amended Mineral Resources Act, section 318AO(1), if the intention of the holder is to explore and test for coal seam gas.\n- (a) a person mentioned in the pre-amended Mineral Resources Act, section 318AO made an application for the grant of an ML (coal) that included the additional requirements mentioned in the pre-amended Mineral Resources Act, section 318AP; and\n- (b) the application was made but not decided before the commencement.\n- (a) is agreed between the applicant and the ATP holder; or\n- (b) is at least— (i) 18 months after the date on which the applicant for the grant of the ML (coal) has given the ATP holder a copy of the application under the pre-amended Mineral Resources Act, section 318AT(1)(a); and (ii) 3 months after the commencement.\n- (i) 18 months after the date on which the applicant for the grant of the ML (coal) has given the ATP holder a copy of the application under the pre-amended Mineral Resources Act, section 318AT(1)(a); and\n- (ii) 3 months after the commencement.\n- (i) 18 months after the date on which the applicant for the grant of the ML (coal) has given the ATP holder a copy of the application under the pre-amended Mineral Resources Act, section 318AT(1)(a); and\n- (ii) 3 months after the commencement.","sortOrder":367},{"sectionNumber":"sec.235","sectionType":"section","heading":"Application for ML (coal) over land in area of ATP (with consent)","content":"### sec.235 Application for ML (coal) over land in area of ATP (with consent)\n\nThis section applies if—\na person mentioned in the pre-amended Mineral Resources Act, section 318BO made an application for the grant of an ML (coal) that included the additional requirements mentioned in the pre-amended Mineral Resources Act, section 318BP; and\nthe application was made but not decided before the commencement.\nThe new overlap provisions apply to the circumstance of the ML (coal) overlapping an ATP.\nFor applying the requirement under the new overlap provisions to give an advance notice for the ML (coal), the application for the grant of the ML (coal) is taken to have been made on the commencement.\nThe mining commencement date for an IMA, despite section 115(2)(a) of the new overlap provisions, may be a date that is agreed by the ML (coal) holder and the ATP holder.\nIn this section—\nATP means an authority to prospect to which the pre-amended Mineral Resources Act, section 318BO(1)(a) applies, if the intention of the holder is to explore and test for coal seam gas.\ns 235 amd 2016 No. 30 s 66\n(sec.235-ssec.1) This section applies if— a person mentioned in the pre-amended Mineral Resources Act, section 318BO made an application for the grant of an ML (coal) that included the additional requirements mentioned in the pre-amended Mineral Resources Act, section 318BP; and the application was made but not decided before the commencement.\n(sec.235-ssec.2) The new overlap provisions apply to the circumstance of the ML (coal) overlapping an ATP.\n(sec.235-ssec.3) For applying the requirement under the new overlap provisions to give an advance notice for the ML (coal), the application for the grant of the ML (coal) is taken to have been made on the commencement.\n(sec.235-ssec.4) The mining commencement date for an IMA, despite section 115(2)(a) of the new overlap provisions, may be a date that is agreed by the ML (coal) holder and the ATP holder.\n(sec.235-ssec.5) In this section— ATP means an authority to prospect to which the pre-amended Mineral Resources Act, section 318BO(1)(a) applies, if the intention of the holder is to explore and test for coal seam gas.\n- (a) a person mentioned in the pre-amended Mineral Resources Act, section 318BO made an application for the grant of an ML (coal) that included the additional requirements mentioned in the pre-amended Mineral Resources Act, section 318BP; and\n- (b) the application was made but not decided before the commencement.","sortOrder":368},{"sectionNumber":"sec.236","sectionType":"section","heading":"Application for ML (coal) over land in area of PL (without consent)","content":"### sec.236 Application for ML (coal) over land in area of PL (without consent)\n\nThis section applies if—\na person mentioned in the pre-amended Mineral Resources Act, section 318BW made an application for the grant of an ML (coal) that included the additional requirements mentioned in the pre-amended Mineral Resources Act, section 318BX; and\nthe application was made but not decided before the commencement.\nThe Mineral Resources Act applies to the circumstance of the ML (coal) overlapping a PL as if the Common Provisions Act had not been enacted.\nDespite subsection (2), the new overlap provisions apply to the circumstance of the ML (coal) overlapping a PL if—\nthe ML (coal) holder and the PL holder agree that the new overlap provisions apply; and\nthe ML (coal) holder and PL holder jointly give written notice to the chief executive of the agreement.\nIn this section—\nPL means a petroleum lease to which the pre-amended Mineral Resources Act, section 318BW applies, if the petroleum lease authorises the production of coal seam gas.\n(sec.236-ssec.1) This section applies if— a person mentioned in the pre-amended Mineral Resources Act, section 318BW made an application for the grant of an ML (coal) that included the additional requirements mentioned in the pre-amended Mineral Resources Act, section 318BX; and the application was made but not decided before the commencement.\n(sec.236-ssec.2) The Mineral Resources Act applies to the circumstance of the ML (coal) overlapping a PL as if the Common Provisions Act had not been enacted.\n(sec.236-ssec.3) Despite subsection (2), the new overlap provisions apply to the circumstance of the ML (coal) overlapping a PL if— the ML (coal) holder and the PL holder agree that the new overlap provisions apply; and the ML (coal) holder and PL holder jointly give written notice to the chief executive of the agreement.\n(sec.236-ssec.4) In this section— PL means a petroleum lease to which the pre-amended Mineral Resources Act, section 318BW applies, if the petroleum lease authorises the production of coal seam gas.\n- (a) a person mentioned in the pre-amended Mineral Resources Act, section 318BW made an application for the grant of an ML (coal) that included the additional requirements mentioned in the pre-amended Mineral Resources Act, section 318BX; and\n- (b) the application was made but not decided before the commencement.\n- (a) the ML (coal) holder and the PL holder agree that the new overlap provisions apply; and\n- (b) the ML (coal) holder and PL holder jointly give written notice to the chief executive of the agreement.","sortOrder":369},{"sectionNumber":"sec.237","sectionType":"section","heading":"Application for ML (coal) over land in area of PL (with consent)","content":"### sec.237 Application for ML (coal) over land in area of PL (with consent)\n\nThis section applies if—\na person mentioned in the pre-amended Mineral Resources Act, section 318CC made an application for the grant of an ML (coal) that included the additional requirements mentioned in the pre-amended Mineral Resources Act, section 318CD; and\nthe application was made but not decided before the commencement.\nThe Mineral Resources Act applies to the circumstance of the ML (coal) overlapping a PL as if the Common Provisions Act had not been enacted.\nDespite subsection (2), the new overlap provisions apply to the circumstance of the ML (coal) overlapping a PL if—\nthe ML (coal) holder and the PL holder agree that the new overlap provisions apply; and\nthe ML (coal) holder and PL holder jointly give written notice to the chief executive of the agreement.\nIn this section—\nPL means a petroleum lease to which the pre-amended Mineral Resources Act, section 318CC applies, if the petroleum lease authorises the production of coal seam gas.\n(sec.237-ssec.1) This section applies if— a person mentioned in the pre-amended Mineral Resources Act, section 318CC made an application for the grant of an ML (coal) that included the additional requirements mentioned in the pre-amended Mineral Resources Act, section 318CD; and the application was made but not decided before the commencement.\n(sec.237-ssec.2) The Mineral Resources Act applies to the circumstance of the ML (coal) overlapping a PL as if the Common Provisions Act had not been enacted.\n(sec.237-ssec.3) Despite subsection (2), the new overlap provisions apply to the circumstance of the ML (coal) overlapping a PL if— the ML (coal) holder and the PL holder agree that the new overlap provisions apply; and the ML (coal) holder and PL holder jointly give written notice to the chief executive of the agreement.\n(sec.237-ssec.4) In this section— PL means a petroleum lease to which the pre-amended Mineral Resources Act, section 318CC applies, if the petroleum lease authorises the production of coal seam gas.\n- (a) a person mentioned in the pre-amended Mineral Resources Act, section 318CC made an application for the grant of an ML (coal) that included the additional requirements mentioned in the pre-amended Mineral Resources Act, section 318CD; and\n- (b) the application was made but not decided before the commencement.\n- (a) the ML (coal) holder and the PL holder agree that the new overlap provisions apply; and\n- (b) the ML (coal) holder and PL holder jointly give written notice to the chief executive of the agreement.","sortOrder":370},{"sectionNumber":"ch.9-pt.4-div.4","sectionType":"division","heading":"Existing applications under P&G Act, chapter 3","content":"## Existing applications under P&G Act, chapter 3","sortOrder":371},{"sectionNumber":"sec.238","sectionType":"section","heading":"Application for PL over land in area of coal exploration authority","content":"### sec.238 Application for PL over land in area of coal exploration authority\n\nThis section applies if—\na person mentioned in the pre-amended P&G Act, section 304 or 331 made an application for the grant of a PL; and\nthe application was made but not decided before the commencement.\nThe new overlap provisions apply to the circumstance of the PL overlapping a coal exploration authority.\nFor applying the requirement under the new overlap provisions to give a petroleum production notice, the application for grant of the PL is taken to have been made on the commencement.\nIn this section—\ncoal exploration authority means an exploration permit, or a mineral development licence, granted for coal, to which the pre-amended P&G Act, section 304 or 331 applies.\ns 238 sub 2016 No. 30 s 67\n(sec.238-ssec.1) This section applies if— a person mentioned in the pre-amended P&G Act, section 304 or 331 made an application for the grant of a PL; and the application was made but not decided before the commencement.\n(sec.238-ssec.2) The new overlap provisions apply to the circumstance of the PL overlapping a coal exploration authority.\n(sec.238-ssec.3) For applying the requirement under the new overlap provisions to give a petroleum production notice, the application for grant of the PL is taken to have been made on the commencement.\n(sec.238-ssec.4) In this section— coal exploration authority means an exploration permit, or a mineral development licence, granted for coal, to which the pre-amended P&G Act, section 304 or 331 applies.\n- (a) a person mentioned in the pre-amended P&G Act, section 304 or 331 made an application for the grant of a PL; and\n- (b) the application was made but not decided before the commencement.","sortOrder":372},{"sectionNumber":"sec.239","sectionType":"section","heading":null,"content":"### Section sec.239\n\ns 239 om 2016 No. 30 s 68","sortOrder":373},{"sectionNumber":"sec.240","sectionType":"section","heading":"Application for PL over land in area of ML (coal)","content":"### sec.240 Application for PL over land in area of ML (coal)\n\nThis section applies if—\na person mentioned in the pre-amended P&G Act, section 344 or 351 made an application for the grant of a PL; and\nthe application was made but not decided before the commencement.\nThe P&G Act applies to the circumstance of the PL overlapping an ML (coal) as if the Common Provisions Act had not been enacted.\nDespite subsection (2), the new overlap provisions apply to the circumstance of the PL overlapping an ML (coal) if—\nthe PL holder and the ML (coal) holder agree that the new overlap provisions apply; and\nthe PL holder and ML (coal) holder jointly give written notice to the chief executive of the agreement.\nIn this section—\nML (coal) means a mining lease granted for coal, to which the pre-amended P&G Act, section 344 or 351 applies.\ns 240 sub 2016 No. 30 s 69\n(sec.240-ssec.1) This section applies if— a person mentioned in the pre-amended P&G Act, section 344 or 351 made an application for the grant of a PL; and the application was made but not decided before the commencement.\n(sec.240-ssec.2) The P&G Act applies to the circumstance of the PL overlapping an ML (coal) as if the Common Provisions Act had not been enacted.\n(sec.240-ssec.3) Despite subsection (2), the new overlap provisions apply to the circumstance of the PL overlapping an ML (coal) if— the PL holder and the ML (coal) holder agree that the new overlap provisions apply; and the PL holder and ML (coal) holder jointly give written notice to the chief executive of the agreement.\n(sec.240-ssec.4) In this section— ML (coal) means a mining lease granted for coal, to which the pre-amended P&G Act, section 344 or 351 applies.\n- (a) a person mentioned in the pre-amended P&G Act, section 344 or 351 made an application for the grant of a PL; and\n- (b) the application was made but not decided before the commencement.\n- (a) the PL holder and the ML (coal) holder agree that the new overlap provisions apply; and\n- (b) the PL holder and ML (coal) holder jointly give written notice to the chief executive of the agreement.","sortOrder":374},{"sectionNumber":"sec.241","sectionType":"section","heading":null,"content":"### Section sec.241\n\ns 241 om 2016 No. 30 s 70","sortOrder":375},{"sectionNumber":"ch.9-pt.4-div.4A","sectionType":"division","heading":"Undecided ML (coal) and PL applications","content":"## Undecided ML (coal) and PL applications","sortOrder":376},{"sectionNumber":"sec.241A","sectionType":"section","heading":"Application for ML (coal) and application for PL both undecided before commencement","content":"### sec.241A Application for ML (coal) and application for PL both undecided before commencement\n\nThis section applies if—\nbefore the commencement—\nan application was made under the pre-amended Mineral Resources Act for the grant of an ML (coal); and\nan application was made under the pre-amended P&G Act for the grant of a PL; and\neach application was made over some or all of the area over which the other application was made; and\nneither application was decided before the commencement.\nFor this section, it does not matter in which order the applications for the ML (coal) and the PL were made before the commencement.\nThe following provisions apply to the circumstances of the applications—\nif the applicants are parties to a coordination arrangement—the pre-amended Mineral Resources Act and pre-amended P&G Act, which apply as if the Common Provisions Act had not been enacted;\notherwise—the new overlap provisions.\nDespite subsection (3)(a), the new overlap provisions apply to the circumstances of the applications if—\nthe applicants agree that the new overlap provisions apply; and\nthe applicants jointly give written notice to the chief executive of the agreement.\nFor applying the requirements under the new overlap provisions to give an advance notice for the ML (coal)—\nif the new overlap provisions apply under subsection (3)(b) to the circumstances of the applications—the ML (coal) holder complies with section 121(2) if the ML (coal) holder gives the advance notice to the PL holder within 10 business days after the commencement of chapter 7; or\nif the new overlap provisions apply under subsection (4) to the circumstances of the applications—the ML (coal) holder complies with section 121(2) if the ML (coal) holder gives the advance notice to the PL holder within 10 business days after the notice is given to the chief executive under subsection (4)(b).\nDespite section 115(2)(a), the mining commencement date for an IMA to be included in the advance notice must be at least 6 years after the commencement.\nIf neither the ML (coal) nor the PL are granted within 6 years after the commencement, the mining commencement date for an IMA must be—\nif the ML (coal) application is the first application to be granted after the 6 years have ended—at least 3 months after the grant of the ML (coal), unless the ML (coal) holder and the petroleum resource authority holder otherwise agree; or\nif the PL application is the first application to be granted after the 6 years have ended—at least 5 years after the 6 years have ended, unless the PL holder and the coal resource authority holder otherwise agree.\nThis section applies despite divisions 3 and 4.\nIn this section—\ncoordination arrangement means an arrangement that was—\nmade under the pre-amended P&G Act, section 234(1) to (4) before 27 September 2016; and\napproved by the Minister under the pre-amended P&G Act, section 236(1) before 27 September 2016, whether or not the approval has taken effect under the P&G Act.\ns 241A ins 2014 No. 64 s 8C\namd 2016 No. 30 s 71 ; 2017 No. 34 s 81\n(sec.241A-ssec.1) This section applies if— before the commencement— an application was made under the pre-amended Mineral Resources Act for the grant of an ML (coal); and an application was made under the pre-amended P&G Act for the grant of a PL; and each application was made over some or all of the area over which the other application was made; and neither application was decided before the commencement.\n(sec.241A-ssec.2) For this section, it does not matter in which order the applications for the ML (coal) and the PL were made before the commencement.\n(sec.241A-ssec.3) The following provisions apply to the circumstances of the applications— if the applicants are parties to a coordination arrangement—the pre-amended Mineral Resources Act and pre-amended P&G Act, which apply as if the Common Provisions Act had not been enacted; otherwise—the new overlap provisions.\n(sec.241A-ssec.4) Despite subsection (3)(a), the new overlap provisions apply to the circumstances of the applications if— the applicants agree that the new overlap provisions apply; and the applicants jointly give written notice to the chief executive of the agreement.\n(sec.241A-ssec.5) For applying the requirements under the new overlap provisions to give an advance notice for the ML (coal)— if the new overlap provisions apply under subsection (3)(b) to the circumstances of the applications—the ML (coal) holder complies with section 121(2) if the ML (coal) holder gives the advance notice to the PL holder within 10 business days after the commencement of chapter 7; or if the new overlap provisions apply under subsection (4) to the circumstances of the applications—the ML (coal) holder complies with section 121(2) if the ML (coal) holder gives the advance notice to the PL holder within 10 business days after the notice is given to the chief executive under subsection (4)(b).\n(sec.241A-ssec.6) Despite section 115(2)(a), the mining commencement date for an IMA to be included in the advance notice must be at least 6 years after the commencement.\n(sec.241A-ssec.7) If neither the ML (coal) nor the PL are granted within 6 years after the commencement, the mining commencement date for an IMA must be— if the ML (coal) application is the first application to be granted after the 6 years have ended—at least 3 months after the grant of the ML (coal), unless the ML (coal) holder and the petroleum resource authority holder otherwise agree; or if the PL application is the first application to be granted after the 6 years have ended—at least 5 years after the 6 years have ended, unless the PL holder and the coal resource authority holder otherwise agree.\n(sec.241A-ssec.8) This section applies despite divisions 3 and 4.\n(sec.241A-ssec.9) In this section— coordination arrangement means an arrangement that was— made under the pre-amended P&G Act, section 234(1) to (4) before 27 September 2016; and approved by the Minister under the pre-amended P&G Act, section 236(1) before 27 September 2016, whether or not the approval has taken effect under the P&G Act.\n- (a) before the commencement— (i) an application was made under the pre-amended Mineral Resources Act for the grant of an ML (coal); and (ii) an application was made under the pre-amended P&G Act for the grant of a PL; and\n- (i) an application was made under the pre-amended Mineral Resources Act for the grant of an ML (coal); and\n- (ii) an application was made under the pre-amended P&G Act for the grant of a PL; and\n- (b) each application was made over some or all of the area over which the other application was made; and\n- (c) neither application was decided before the commencement.\n- (i) an application was made under the pre-amended Mineral Resources Act for the grant of an ML (coal); and\n- (ii) an application was made under the pre-amended P&G Act for the grant of a PL; and\n- (a) if the applicants are parties to a coordination arrangement—the pre-amended Mineral Resources Act and pre-amended P&G Act, which apply as if the Common Provisions Act had not been enacted;\n- (b) otherwise—the new overlap provisions.\n- (a) the applicants agree that the new overlap provisions apply; and\n- (b) the applicants jointly give written notice to the chief executive of the agreement.\n- (a) if the new overlap provisions apply under subsection (3)(b) to the circumstances of the applications—the ML (coal) holder complies with section 121(2) if the ML (coal) holder gives the advance notice to the PL holder within 10 business days after the commencement of chapter 7; or\n- (b) if the new overlap provisions apply under subsection (4) to the circumstances of the applications—the ML (coal) holder complies with section 121(2) if the ML (coal) holder gives the advance notice to the PL holder within 10 business days after the notice is given to the chief executive under subsection (4)(b).\n- (a) if the ML (coal) application is the first application to be granted after the 6 years have ended—at least 3 months after the grant of the ML (coal), unless the ML (coal) holder and the petroleum resource authority holder otherwise agree; or\n- (b) if the PL application is the first application to be granted after the 6 years have ended—at least 5 years after the 6 years have ended, unless the PL holder and the coal resource authority holder otherwise agree.\n- (a) made under the pre-amended P&G Act, section 234(1) to (4) before 27 September 2016; and\n- (b) approved by the Minister under the pre-amended P&G Act, section 236(1) before 27 September 2016, whether or not the approval has taken effect under the P&G Act.","sortOrder":377},{"sectionNumber":"ch.9-pt.4-div.5","sectionType":"division","heading":"Modification of particular provisions of Common Provisions Act for Surat Basin area","content":"## Modification of particular provisions of Common Provisions Act for Surat Basin area","sortOrder":378},{"sectionNumber":"sec.242","sectionType":"section","heading":"Application of div 5","content":"### sec.242 Application of div 5\n\nThis division applies to the giving of an advance notice or an acceleration notice if—\na person holds a petroleum lease (csg) granted after the commencement but not later than 31 December 2016; and\nanother person applies for an ML (coal) after the commencement but before 1 July 2020; and\nthere is an overlapping area that is the subject of both the petroleum lease (csg) and the ML (coal); and\nsome or all of the overlapping area is located in the Surat Basin Transitional Area.\nIn this section—\nSurat Basin Transitional Area means the area prescribed by regulation.\n(sec.242-ssec.1) This division applies to the giving of an advance notice or an acceleration notice if— a person holds a petroleum lease (csg) granted after the commencement but not later than 31 December 2016; and another person applies for an ML (coal) after the commencement but before 1 July 2020; and there is an overlapping area that is the subject of both the petroleum lease (csg) and the ML (coal); and some or all of the overlapping area is located in the Surat Basin Transitional Area.\n(sec.242-ssec.2) In this section— Surat Basin Transitional Area means the area prescribed by regulation.\n- (a) a person holds a petroleum lease (csg) granted after the commencement but not later than 31 December 2016; and\n- (b) another person applies for an ML (coal) after the commencement but before 1 July 2020; and\n- (c) there is an overlapping area that is the subject of both the petroleum lease (csg) and the ML (coal); and\n- (d) some or all of the overlapping area is located in the Surat Basin Transitional Area.","sortOrder":379},{"sectionNumber":"sec.243","sectionType":"section","heading":"Requirements for advance notice and acceleration notice","content":"### sec.243 Requirements for advance notice and acceleration notice\n\nDespite sections 115 and 121, the advance notice given by the applicant for the ML (coal) must not state a mining commencement date for an IMA or RMA for the overlapping area that is before 1 July 2030, unless the holder of the petroleum lease (csg) agrees to an earlier date.\nDespite section 128, if the ML (coal) holder gives the holder of the petroleum lease (csg) an acceleration notice, the mining commencement date stated in the notice must not be earlier than 1 July 2020, unless the holder of the petroleum lease (csg) agrees to an earlier date.\ns 243 amd 2016 No. 30 s 72\n(sec.243-ssec.1) Despite sections 115 and 121, the advance notice given by the applicant for the ML (coal) must not state a mining commencement date for an IMA or RMA for the overlapping area that is before 1 July 2030, unless the holder of the petroleum lease (csg) agrees to an earlier date.\n(sec.243-ssec.2) Despite section 128, if the ML (coal) holder gives the holder of the petroleum lease (csg) an acceleration notice, the mining commencement date stated in the notice must not be earlier than 1 July 2020, unless the holder of the petroleum lease (csg) agrees to an earlier date.","sortOrder":380},{"sectionNumber":"ch.9-pt.5","sectionType":"part","heading":"Provisions about application of section 232","content":"# Provisions about application of section 232","sortOrder":381},{"sectionNumber":"sec.243A","sectionType":"section","heading":"Application generally","content":"### sec.243A Application generally\n\nSection 232 does not, and never did, affect the operation of the Mineral Resources Act, section 826.\ns 243A ins 2019 No. 7 s 252","sortOrder":382},{"sectionNumber":"sec.243B","sectionType":"section","heading":"Application to coal resource authority granted over replacement PL","content":"### sec.243B Application to coal resource authority granted over replacement PL\n\nThis section applies if a coal resource authority, whenever granted, overlaps a PL that—\nwas granted after the relevant commencement; and\nis a replacement tenure under the P&G Act, section 908(2).\nSection 232 applies to the coal resource authority and PL as if the PL were granted before the relevant commencement.\nThis section applies to a PL mentioned in subsection (1) even if it was granted before the commencement of this section.\nIn this section—\ncoal resource authority see section 103.\noverlaps see section 231.\nPL means a petroleum lease (csg) within the meaning of section 103.\nrelevant commencement means the commencement of part 4.\ns 243B ins 2019 No. 7 s 252\n(sec.243B-ssec.1) This section applies if a coal resource authority, whenever granted, overlaps a PL that— was granted after the relevant commencement; and is a replacement tenure under the P&G Act, section 908(2).\n(sec.243B-ssec.2) Section 232 applies to the coal resource authority and PL as if the PL were granted before the relevant commencement.\n(sec.243B-ssec.3) This section applies to a PL mentioned in subsection (1) even if it was granted before the commencement of this section.\n(sec.243B-ssec.4) In this section— coal resource authority see section 103. overlaps see section 231. PL means a petroleum lease (csg) within the meaning of section 103. relevant commencement means the commencement of part 4.\n- (a) was granted after the relevant commencement; and\n- (b) is a replacement tenure under the P&G Act, section 908(2).","sortOrder":383},{"sectionNumber":"ch.10-pt.1","sectionType":"part","heading":"Transitional provision for Land Access Ombudsman Act 2017","content":"# Transitional provision for Land Access Ombudsman Act 2017","sortOrder":384},{"sectionNumber":"sec.244","sectionType":"section","heading":"Provision inserted into Act prevails over provision of transitional regulation","content":"### sec.244 Provision inserted into Act prevails over provision of transitional regulation\n\nIf there is an inconsistency between a provision inserted into this Act by the Land Access Ombudsman Act 2017 , and a provision of the Mineral and Energy Resources (Common Provisions) Transitional Regulation 2016 , the provision inserted into the Act prevails to the extent of the inconsistency.\ns 244 sub 2017 No. 34 s 82","sortOrder":385},{"sectionNumber":"ch.10-pt.2","sectionType":"part","heading":"Transitional provisions for Mineral, Water and Other Legislation Amendment Act 2018","content":"# Transitional provisions for Mineral, Water and Other Legislation Amendment Act 2018","sortOrder":386},{"sectionNumber":"sec.245","sectionType":"section","heading":"Election notice","content":"### sec.245 Election notice\n\nThis section applies if, before the commencement—\na party gave, under section 88 as in force before the commencement, another party an election notice—\nasking for an authorised officer to call a conference to negotiate a conduct and compensation agreement; or\ncalling upon the party to agree to an ADR to negotiate a conduct and compensation agreement; and\nthe conference was not finished under section 89 as in force before the commencement, or the ADR was not finished under section 90 as in force before the commencement.\nThe Act , as in force immediately before the commencement, continues to apply in relation to—\nthe conference or ADR; and\nany proceeding in the Land Court, whether started before or after the commencement, that relates to the concerns the subject of the conference or ADR.\nThe new arbitration provisions do not apply in relation to the concerns the subject of the conference or ADR.\nIn this section—\nnew arbitration provisions means the provisions inserted into chapter 3 under the Mineral, Water and Other Legislation Amendment Act 2018 .\ns 245 ins 2018 No. 24 s 65\n(sec.245-ssec.1) This section applies if, before the commencement— a party gave, under section 88 as in force before the commencement, another party an election notice— asking for an authorised officer to call a conference to negotiate a conduct and compensation agreement; or calling upon the party to agree to an ADR to negotiate a conduct and compensation agreement; and the conference was not finished under section 89 as in force before the commencement, or the ADR was not finished under section 90 as in force before the commencement.\n(sec.245-ssec.2) The Act , as in force immediately before the commencement, continues to apply in relation to— the conference or ADR; and any proceeding in the Land Court, whether started before or after the commencement, that relates to the concerns the subject of the conference or ADR.\n(sec.245-ssec.3) The new arbitration provisions do not apply in relation to the concerns the subject of the conference or ADR.\n(sec.245-ssec.4) In this section— new arbitration provisions means the provisions inserted into chapter 3 under the Mineral, Water and Other Legislation Amendment Act 2018 .\n- (a) a party gave, under section 88 as in force before the commencement, another party an election notice— (i) asking for an authorised officer to call a conference to negotiate a conduct and compensation agreement; or (ii) calling upon the party to agree to an ADR to negotiate a conduct and compensation agreement; and\n- (i) asking for an authorised officer to call a conference to negotiate a conduct and compensation agreement; or\n- (ii) calling upon the party to agree to an ADR to negotiate a conduct and compensation agreement; and\n- (b) the conference was not finished under section 89 as in force before the commencement, or the ADR was not finished under section 90 as in force before the commencement.\n- (i) asking for an authorised officer to call a conference to negotiate a conduct and compensation agreement; or\n- (ii) calling upon the party to agree to an ADR to negotiate a conduct and compensation agreement; and\n- (a) the conference or ADR; and\n- (b) any proceeding in the Land Court, whether started before or after the commencement, that relates to the concerns the subject of the conference or ADR.","sortOrder":387},{"sectionNumber":"sec.246","sectionType":"section","heading":"Recovery of particular negotiation and preparation costs","content":"### sec.246 Recovery of particular negotiation and preparation costs\n\nThis section applies if negotiation and preparation costs incurred by an eligible claimant under section 91(1) include the costs of an agronomist.\nThe resource authority holder is liable to pay to the eligible claimant, under section 91(2), the costs of the agronomist only if the costs were incurred by the eligible claimant after the commencement.\nThe Land Court may, under section 96B, make a declaration or order in relation to the costs of the agronomist only if the costs were incurred by the eligible claimant after the commencement.\ns 246 ins 2018 No. 24 s 65\n(sec.246-ssec.1) This section applies if negotiation and preparation costs incurred by an eligible claimant under section 91(1) include the costs of an agronomist.\n(sec.246-ssec.2) The resource authority holder is liable to pay to the eligible claimant, under section 91(2), the costs of the agronomist only if the costs were incurred by the eligible claimant after the commencement.\n(sec.246-ssec.3) The Land Court may, under section 96B, make a declaration or order in relation to the costs of the agronomist only if the costs were incurred by the eligible claimant after the commencement.","sortOrder":388},{"sectionNumber":"ch.10-pt.3","sectionType":"part","heading":"Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2020","content":"# Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2020","sortOrder":389},{"sectionNumber":"sec.247","sectionType":"section","heading":"Application for approval to register particular prescribed dealings taken to be notification of particular notifiable dealings","content":"### sec.247 Application for approval to register particular prescribed dealings taken to be notification of particular notifiable dealings\n\nThis section applies if —\nbefore the commencement, an application was made under section 19 for approval to register a prescribed dealing mentioned in the Mineral and Energy Resources (Common Provisions) Regulation 2016, section 4(1)(a) or (f) as in force before the commencement; and\nimmediately before the commencement, the prescribed dealing mentioned in paragraph (a) had not been registered.\nThe application is taken to be a notice to the chief executive of a notifiable dealing to enable its registration under section 19B(1).\ns 247 ins 2020 No. 14 s 80\n(sec.247-ssec.1) This section applies if — before the commencement, an application was made under section 19 for approval to register a prescribed dealing mentioned in the Mineral and Energy Resources (Common Provisions) Regulation 2016, section 4(1)(a) or (f) as in force before the commencement; and immediately before the commencement, the prescribed dealing mentioned in paragraph (a) had not been registered.\n(sec.247-ssec.2) The application is taken to be a notice to the chief executive of a notifiable dealing to enable its registration under section 19B(1).\n- (a) before the commencement, an application was made under section 19 for approval to register a prescribed dealing mentioned in the Mineral and Energy Resources (Common Provisions) Regulation 2016, section 4(1)(a) or (f) as in force before the commencement; and\n- (b) immediately before the commencement, the prescribed dealing mentioned in paragraph (a) had not been registered.","sortOrder":390},{"sectionNumber":"sec.248","sectionType":"section","heading":"Disqualification of applicants","content":"### sec.248 Disqualification of applicants\n\nThe power of a decision-maker for a prescribed matter to decide an applicant for the matter is disqualified under section 196C applies only if the application or tender constituting the prescribed matter was made after the commencement.\ns 248 ins 2020 No. 14 s 80","sortOrder":391}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The original scope was to consolidate common provisions across Resource Acts. Through successive amendments (notably 2019, 2020, 2024), the Act expanded to include: a new two-tier dealing system (prescribed vs notifiable dealings replacing a single category); enhanced disqualification provisions for resource authority holders; extended caveat provisions covering mining lease applications (not just granted authorities); refined definitions of preliminary and advanced activities with new carve-outs for organic farming and small intensive farms; and integration with the Mineral and Energy Resources (Financial Provisioning) Act 2018 requirements as preconditions to registration of dealings. The Act has grown well beyond its initial consolidation function into a substantive regulatory regime in its own right."},"complexity_factors":["Operates as an overlay law read together with five separate Resource Acts simultaneously, creating a multi-layered statutory framework","Extensive cross-referencing to other Acts (Mineral Resources Act, P&G Act, 1923 Act, Geothermal Act, Greenhouse Gas Act, Environmental Protection Act, Financial Provisioning Act, Land Act, etc.)","Conflict-resolution hierarchy between this Act and five Resource Acts requires careful interpretation in each situation","Multiple categories of dealings (prescribed, notifiable, prohibited) with different procedural pathways and legal consequences","Land access rules involve multiple agreement types (conduct and compensation agreements, deferral agreements, opt-out agreements, access agreements, waivers) with distinct requirements and interactions","Distinction between 'preliminary' and 'advanced' activities has significant legal consequences but involves contextual judgment, including special carve-outs for small farms and organic farming","Caveat regime has time-limited effects with multiple lapsing triggers, consent mechanics, and court involvement","Technical geodetic definitions (blocks, sub-blocks, Australian Geodetic Datum 1966) for land mapping purposes","Multiple government actors involved (Minister, chief executive, Land Court, authorised officers) with different powers at different stages","Frequent amendments since 2014 (amended in 2016, 2018, 2019, 2020, 2022, 2024) creating layered legislative history"],"plain_english_summary":"## Mineral and Energy Resources (Common Provisions) Act 2014 — What It Does and Who It Affects\n\n### The Big Picture\nThis Queensland law acts as a **single rulebook** that sits alongside five separate resource industry laws, covering mining, oil and gas, geothermal energy, and greenhouse gas storage. Rather than repeating the same rules in each of those laws, this Act consolidates the shared rules in one place. Parliament has also flagged its intention to eventually replace all those separate laws with one unified framework.\n\n### Who Does This Affect?\n- **Mining and resource companies** holding any kind of licence or permit to explore for or extract minerals, petroleum, coal seam gas, geothermal energy, or store greenhouse gases\n- **Farmers and landowners** whose properties may be accessed by resource companies\n- **Anyone with a financial interest** in a mining or resource licence (e.g., investors, banks holding security over licences)\n- Potentially **everyone**, as the Act explicitly binds all persons, including State and Commonwealth governments\n\n### Key Things This Law Does\n\n**1. Controls buying, selling and transferring resource licences ('dealings')**\nIf you want to sell, transfer or create an interest in a mining or resource licence, you generally need:\n- Ministerial approval (for 'prescribed dealings'), OR\n- Notice to the government regulator (for 'notifiable dealings')\nWithout these steps, the transaction has **no legal effect**. You also can't transfer a licence if you owe unpaid royalties to the government, or haven't paid required environmental financial assurances.\n\n**2. Protects third-party interests via 'caveats'**\nLike a caveat on a property title, a person who claims an interest in a resource licence can lodge a caveat to **freeze dealings** with that licence. Caveats generally expire after 3 months unless consented to by the licence holder. Wrongly lodging a caveat can make you liable to pay compensation.\n\n**3. Governs how resource companies can access private land**\nThis is highly relevant to farmers and rural landowners:\n- Resource companies must give **at least 10 business days' written notice** before entering your land\n- For more disruptive activities ('advanced activities' — like bulldozing, drilling pads, seismic blasting, or clearing vegetation), the company must first have a **Conduct and Compensation Agreement (CCA)** with you\n- You have the right to **opt out** of a CCA, but the company still owes you compensation for any loss\n- Less disruptive activities ('preliminary activities' — like walking the land, taking soil samples, or aerial surveys at height) require only the entry notice, not a full agreement\n- Special protections apply to **small farms under 100 hectares** used for intensive farming, crops, dairies, piggeries, or organic farms — activities on these require a full agreement even if they'd otherwise be 'preliminary'\n\n**4. Manages conflicts between coal and gas licences**\nWhere a coal mining licence and a petroleum/gas licence cover the same land (particularly relevant for coal seam gas), the Act provides a framework for managing those overlapping rights.\n\n**5. Disqualifies certain people from holding licences**\nSome individuals or companies can be **banned** from being granted or having a licence transferred to them — for example, if they've failed to meet their obligations under resource laws.\n\n**6. Maintains a public register**\nAll resource authorities, dealings, caveats, and associated agreements are recorded in a public register, providing transparency about who holds what rights.\n\n### Practical Example\nIf a gas company holds an exploration permit over your farm and wants to conduct seismic blasting (an 'advanced activity'), they **must** first negotiate and sign a Conduct and Compensation Agreement with you. If you can't agree, the matter can go to arbitration or the Land Court. The company cannot simply show up and start work."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Yes. The Act has broadened beyond a simple consolidation umbrella into an active regulatory framework that centralises operational processes and creates substantial new obligations. Evidence in the text shows that, over time, the Act added: (a) a detailed overlapping coal/coal‑seam gas framework with notice regimes and sole/joint occupancy mechanics (chapter 4: ss 102–136, 115–135); (b) comprehensive compensation rules tied to lost gas production and replacement of gas infrastructure (ss 161–174); (c) an expanded register and public access regime (ss 197–201); (d) formalised ADR and arbitration tracks, and appointed‑expert procedures (ss 83A–83B, 91A, 177–183, 196K–196R); and (e) cross‑Act interactions such as linking to the Mineral and Energy Resources (Financial Provisioning) Act for changed holder events (s 21). These additions shift the Bill from consolidation to-active regulatory design: they impose detailed operational obligations, multiple notice and timing regimes, and new compensation/ dispute mechanisms. The Act therefore grew materially beyond mere harmonisation into a substantive, substantive procedural and substantive rights/obligations regime (see s 4 for the original intention to move to a common framework and ss 117, 130, 154, 167–172 for the expanded functions)."},"complexity_factors":["Extensive length and multi-part structure spanning: dealings, land access, overlap rules, compensation, dispute-resolution, register and many transitional provisions (many Parts and Chapters).","Large number of defined terms and long consolidated definition section (see s 103 and schedule 2 references).","Multiple distinct notice types with differing timing and effect (advance notice, 18 months notice, confirmation notice, RMA notice, accelerated notice, abandonment notice, petroleum production notice, expedited entry notice etc.: ss 121–125, 128, 129, 141, 153).","Complex overlap framework with column‑1/column‑2 tables, several area‑types (IMA, FMA, RMA, SOZ) and different rules depending on ATP vs PL and coal vs petroleum holders (chapter 4, esp. ss 104, 109–115, 112–114, 119).","Layered dispute-resolution regime: conferences, ADR, arbitration (different tracks and rules), and Land Court jurisdiction with finality and limited review (ss 83A–83B, 88, 91A, 96, 177–183, 196K–196R).","Many cross-references to five separate Resource Acts and to the Environmental Protection and Coal Mining Safety laws (s 6 and throughout), increasing interpretive interdependence.","Nested conditional logic, exceptions and carve-outs (e.g. numerous 'despite', 'unless', 'subject to' clauses across chapters — see ss 6, 40, 43, 127, 153, 232–237 and transitional sections).","Key operational calculations (lost production, replacement costs, reconciliation payments) delegated to regulation and prescribed methods, requiring reading of secondary instruments to understand practical application (ss 161–172).","Extensive transitional and savings provisions (ch 9 and following) that modify how many provisions apply to various pre-existing applications and tenures, creating time‑dependent complexity."],"plain_english_summary":"**What this law does (in plain English)\n\n- Consolidates common rules that apply across Queensland resource laws (mining, petroleum & gas, geothermal and greenhouse gas storage). It gathers shared processes into one Act so those Resource Acts can be simpler (see s 3–4).\n\n- Creates a single set of rules for transactions, registrations and notices about resource authorities (the licences, leases and permits that allow resource activities). It covers what counts as a \"dealing\", when dealings are prohibited, which dealings must be approved by the Minister or simply notified and how registration works (see ch 2, pt 1, esp. ss 16–23, 17A).\n\n- Establishes a public register of resource authorities, dealings, caveats and related instruments and requires the chief executive to keep and publish it (ss 197–201). Many filings and notices must be lodged in the register and some recorded agreements must be placed on land title (s 92).\n\n- Sets out how access to land for resource work is managed. Different rules apply depending on whether the land is private, public or \"restricted\" (near houses, schools, water infrastructure, etc.). The Act specifies notice requirements before entry, when consent or a conduct & compensation agreement is required for \"advanced\" activities, when an owner may opt out, and when expedited or published notices are allowed (ch 3, pts 2–4, esp. ss 39–46, 43–45, 68–70).\n\n- Creates a uniform system for caveats and associated agreements so interested parties can record claims or agreements against a resource authority (ss 24–35).\n\n- Establishes negotiation, ADR (alternative dispute resolution), arbitration and Land Court routes for resolving access, compensation and overlap disputes. It requires good‑faith negotiation, sets minimum negotiation periods and provides for conferences, ADR, arbitration and Land Court determinations (ch 3 pt 7 and ch 5, ch 7A; see ss 83–96, 88, 91A, 96, 177–183, 196K–196R).\n\n- Provides a detailed statutory framework for overlapping coal and coal seam gas authorities. It defines \"overlapping areas\", sets up notice regimes (advance notice, 18‑month notice, confirmation, RMA notices), how initial mining areas (IMAs), future mining areas (FMAs) and rolling mining areas (RMAs) are identified, and how sole or joint occupancy operates. It also creates duties to exchange operational information and to produce agreed joint development plans (chapter 4, esp. ss 102–136, 115–135, 154–156).\n\n- Sets out compensation rules when coal mining interferes with coal seam gas production or infrastructure (and vice versa). It defines categories of gas infrastructure (major/minor/connecting), lost production, reconciliation payments and replacement gas, and how compensation is calculated, mitigated and recovered; it also provides for arbitration or Land Court review of compensation disputes (ss 161–174).\n\nWho is affected\n\n- Resource authority holders: mining lease holders, petroleum lease and ATP holders, geothermal and greenhouse gas authority holders. They must follow notice, information-sharing, registration, access and compensation rules (multiple parts; see ss 10, 16, 39, 154, 81, 167–172).\n\n- Landowners and occupiers: private landowners, public land authorities and public road authorities are given rights to notice, to negotiate conduct & compensation agreements, to refuse unreasonable access, and to seek compensation and court orders (see ch 3 pts 2–4 and ch 3 pt 7; e.g. ss 39, 43, 47–53, 81–92).\n\n- Government decision‑makers and regulators: the Minister (approvals and some ministerial powers), the chief executive (register, approvals processing, information collection), authorised officers, and the Land Court and prescribed arbitration institutes (see ss 19, 197, 174B–174D, 177–183).\n\nWhy it matters (mechanics, incentives, costs and trade-offs)\n\n- Centralises and standardises processes. By moving common rules into one Act (s 3–4), companies and landholders face one consistent set of access, notice and dealing rules instead of different rules in each Resource Act. That reduces duplication of law-making but concentrates administrative discretion (Minister, chief executive) in a single framework (see s 6 on how this Act interacts with Resource Acts).\n\n- Alters who decides and when. Several transactions now require either ministerial approval (prescribed dealings) or notification to the chief executive before taking effect (ss 17–19, 17A, 23). That changes timing and creates an administrative gatekeeping role: applicants must plan for processing time, additional conditions and potential security requirements (s 22).\n\n- Shifts some costs onto resource authority holders. Holders generally bear: fees and registration costs (ss 197–200); negotiation and preparation costs of landholders (s 91); compensation and replacement obligations when mining affects gas production or assets (ss 167–174); and sometimes arbitration costs (ss 181, 196R). The Act also allows the Minister or regulation to alter rent calculation or defer rent in prescribed hardship circumstances (ss 204A–204B).\n\n- Imposes recurring compliance and information burdens. Resource holders must exchange annual operational information and hold at least one annual joint meeting for overlapping areas (ss 154–155). Recipients of shared information are limited in use and must keep confidentiality (s 156); failure to respect confidential limits triggers compensation and disgorgement of gain (s 156(4)–(6)).\n\n- Creates multiple, layered dispute-resolution paths. The Act pushes parties first to negotiate, then ADR, then arbitration or Land Court. Arbitration awards are final (subject to jurisdictional review) and binding on successors/assigns; Land Court orders may be broader and can impose non-monetary remedies (ss 91F, 97, 101A–101C, 177–183). Those layers increase certainty of finality but add procedural complexity and potential cost of repeated steps.\n\n- Allocates concentrated benefits and diffuse costs. Examples: an ML (coal) holder can obtain sole occupancy of an IMA or RMA by following the notice regime (s 120), which is a concentrated operational benefit for the holder; the corresponding PL or ATP holder faces potential compensation exposures (ss 167–172), a dispersed cost spread across gas producers. Where holders can negotiate alternatives (agreed joint development plans, s 130), private contracting can reallocate costs and rights.\n\n- Leaves important details to regulation and instruments. Key calculations (lost production, replacement or replacement‑cost principles, fees, and definitions of prescribed dealings) are implemented by regulation or the chief executive’s practice manual (e.g. ss 161–163, 200, 202). That creates flexibility but also implementation risk: dispute outcomes may depend heavily on regulatory design and administrative practice.\n\nPractical consequences for behaviour\n\n- Resource companies must plan earlier and communicate more: give advance/confirmation/18‑month/RMA notices, prepare joint development plans, and participate in information exchanges and annual meetings (ss 121–125, 130, 154–155).\n\n- Landowners are given formal negotiation rights and may require conduct & compensation agreements for advanced activities (ss 43, 83). They can opt out or seek ADR, arbitration or Land Court decisions (ss 45, 88, 91A, 96).\n\n- When overlapping coal and gas tenures arise, holders face statutory timelines and compensation mechanics that can change project timing and capital plans. For example, an acceleration notice by an ML (coal) holder can shift mining commencement dates and trigger compensation (s 128, s 167).\n\nKey references for mechanics cited above: ss 3–6 (purpose/operation with Resource Acts); ss 16–23 (dealings, registration, approvals); ss 24–31 (caveats); ss 36, 39–46, 43–45, 54 (land access and entry notices); ss 57–65 (public land and roads); ss 68–71 (restricted land and consent); ss 81–92 and ss 96–101 (compensation, conduct & compensation agreements, Land Court jurisdiction); ch 4 (overlap framework, esp. ss 102–136, 115–135, 154–156); ss 161–174 (compensation mechanics for overlaps); ss 177–183 (arbitration); ss 197–201 (register)."},"kimi_summary":{"_metrics":{"completionTokens":852},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has grown substantially beyond its original consolidation purpose. The 2014 Act was initially framed as a step toward replacing separate Resource Acts with a simplified common framework (s.4(2)). However, it has accumulated extensive additional complexity through amendments — particularly the 2020 amendments adding notifiable dealings, indicative approvals, and financial provisioning requirements, and the 2024 amendments restructuring caveat provisions and adding new ADR mechanisms. The coal seam gas co-existence chapter (Chapter 4) has also expanded with detailed compensation, infrastructure replacement, and information exchange obligations that go well beyond simple 'common provisions'."},"complexity_factors":["Extensive cross-referencing to 5 separate Resource Acts (Mineral Resources, Petroleum & Gas, 1923 Act, Geothermal, Greenhouse Gas)","Nested conditional logic with multiple exceptions (e.g., land access exemptions in s.40 have 5 main categories with sub-exceptions)","Heavily defined terms — over 50 defined terms in Chapter 4 alone for coal/gas overlap provisions","Multi-layered dispute resolution pathways (negotiation → conference → ADR → arbitration → Land Court)","Temporal complexity with multiple notice periods (10 business days, 18 months, 11 years, etc.)","Conditional application — different rules apply depending on which combination of resource authorities exist","Incorporated concepts from other legislation (Environmental Protection Act, Coal Mining Safety and Health Act, Land Title Act)","Overlapping and nested geographical zones (IMA, RMA, SOZ, FMA, restricted land, access land)","Amendment history shows significant evolution — 2020 and 2024 amendments substantially restructured dealings and caveats"],"plain_english_summary":"**What this legislation does:**\n\nThis is Queensland's **Mineral and Energy Resources (Common Provisions) Act 2014** — a complex framework that consolidates common rules across multiple resource industry laws. Think of it as the \"rulebook\" that applies to mining, petroleum, geothermal, and greenhouse gas projects.\n\n**Key things it covers:**\n\n- **Resource authority dealings** — rules for buying, selling, transferring, or leasing mining and petroleum rights (called \"resource authorities\"). These require Ministerial approval and registration to be valid.\n\n- **Land access** — detailed procedures for companies to enter private and public land. This includes:\n  - Giving **entry notices** to landowners before entering\n  - Distinguishing between **preliminary activities** (low-impact, like walking surveys) and **advanced activities** (high-impact, like drilling)\n  - Requiring **conduct and compensation agreements** for advanced activities on private land\n  - Special protections for **restricted land** near homes, schools, hospitals, and water sources\n\n- **Coal and coal seam gas co-existence** — a detailed regime (Chapter 4) managing conflicts between coal mining and gas extraction. This includes:\n  - **Sole occupancy zones** where coal miners get exclusive access\n  - **Joint development plans** that both industries must negotiate\n  - **Compensation rules** when one industry disrupts the other\n\n- **Dispute resolution** — multiple pathways including negotiation, alternative dispute resolution (ADR), arbitration, and Land Court proceedings.\n\n**Who it affects:**\n- Mining and petroleum companies holding resource authorities\n- Landowners and occupiers (farmers, traditional owners, rural property owners)\n- Public land authorities and road authorities\n- The Queensland Government (Minister, chief executive, authorised officers)\n\n**Why it matters:**\nThis Act tries to balance resource development with landowner rights, while managing the tricky overlap between coal mining and coal seam gas extraction. It creates a \"one-stop shop\" for common processes across five different resource Acts, aiming to reduce duplication and provide clearer rules for everyone involved.\n\nThe legislation is explicitly designed to eventually replace the separate Resource Acts with a single simplified framework."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/mineral-and-energy-resources-common-provisions-act-2014","history":"/api/acts/mineral-and-energy-resources-common-provisions-act-2014/history","analysis":"/api/acts/mineral-and-energy-resources-common-provisions-act-2014/analysis","conflicts":"/api/acts/mineral-and-energy-resources-common-provisions-act-2014/conflicts","importantCases":"/api/acts/mineral-and-energy-resources-common-provisions-act-2014/important-cases","documents":"/api/acts/mineral-and-energy-resources-common-provisions-act-2014/documents"}}