sec.12BPlan to manage overlapping areas

### sec.12B Plan to manage overlapping areas A joint interaction management plan that contains at least the matter mentioned in subsection (2) must be made for the coal mine before the coal mining operations start. The matter is the identification of the hazards and the assessment of the risks to be controlled that— are, or may be, created by the coal mining operations or petroleum activities carried out in the overlapping area; and affect, or may be likely to affect, the safety and health of persons in the overlapping area. Before making the joint interaction management plan, the site senior executive must— make reasonable attempts to consult with the operator of each authorised activities operating plant in the overlapping area to jointly identify, analyse and assess risks and hazards in the overlapping area; and have regard to any reasonable provisions for the plan relating to the management of the risks and hazards that are proposed by the operators within 20 days after receiving a copy of the proposed plan; and either— reach agreement with the operator of each authorised activities operating plant in the overlapping area about the content of the proposed plan; or apply for arbitration of the dispute under subsection (5) or (6) . For subsection (3) (a) , the site senior executive is taken to have made reasonable attempts to consult with the operator of an authorised activities operating plant if— the site senior executive gives the operator a copy of the proposed plan; and the operator has not, within 20 days after being given the copy, made any proposal to the site senior executive about the provisions for the plan. If the site senior executive and the operator of an authorised activities operating plant can not agree on the content of a proposed plan within 3 months after the operator receives a copy of the proposed plan, the site senior executive must apply for arbitration of the dispute. Despite subsection (5) , either party may apply for arbitration of the dispute at any time. In this section— arbitration means arbitration under the Mineral and Energy Resources (Common Provisions) Act 2014 . authorised activities operating plant see section 12BA . s 12B sub 2025 SL No. 105 s 72 (sec.12B-ssec.1) A joint interaction management plan that contains at least the matter mentioned in subsection (2) must be made for the coal mine before the coal mining operations start. (sec.12B-ssec.2) The matter is the identification of the hazards and the assessment of the risks to be controlled that— are, or may be, created by the coal mining operations or petroleum activities carried out in the overlapping area; and affect, or may be likely to affect, the safety and health of persons in the overlapping area. (sec.12B-ssec.3) Before making the joint interaction management plan, the site senior executive must— make reasonable attempts to consult with the operator of each authorised activities operating plant in the overlapping area to jointly identify, analyse and assess risks and hazards in the overlapping area; and have regard to any reasonable provisions for the plan relating to the management of the risks and hazards that are proposed by the operators within 20 days after receiving a copy of the proposed plan; and either— reach agreement with the operator of each authorised activities operating plant in the overlapping area about the content of the proposed plan; or apply for arbitration of the dispute under subsection (5) or (6) . (sec.12B-ssec.4) For subsection (3) (a) , the site senior executive is taken to have made reasonable attempts to consult with the operator of an authorised activities operating plant if— the site senior executive gives the operator a copy of the proposed plan; and the operator has not, within 20 days after being given the copy, made any proposal to the site senior executive about the provisions for the plan. (sec.12B-ssec.5) If the site senior executive and the operator of an authorised activities operating plant can not agree on the content of a proposed plan within 3 months after the operator receives a copy of the proposed plan, the site senior executive must apply for arbitration of the dispute. (sec.12B-ssec.6) Despite subsection (5) , either party may apply for arbitration of the dispute at any time. (sec.12B-ssec.7) In this section— arbitration means arbitration under the Mineral and Energy Resources (Common Provisions) Act 2014 . authorised activities operating plant see section 12BA . - (a) are, or may be, created by the coal mining operations or petroleum activities carried out in the overlapping area; and - (b) affect, or may be likely to affect, the safety and health of persons in the overlapping area. - (a) make reasonable attempts to consult with the operator of each authorised activities operating plant in the overlapping area to jointly identify, analyse and assess risks and hazards in the overlapping area; and - (b) have regard to any reasonable provisions for the plan relating to the management of the risks and hazards that are proposed by the operators within 20 days after receiving a copy of the proposed plan; and - (c) either— (i) reach agreement with the operator of each authorised activities operating plant in the overlapping area about the content of the proposed plan; or (ii) apply for arbitration of the dispute under subsection (5) or (6) . - (i) reach agreement with the operator of each authorised activities operating plant in the overlapping area about the content of the proposed plan; or - (ii) apply for arbitration of the dispute under subsection (5) or (6) . - (i) reach agreement with the operator of each authorised activities operating plant in the overlapping area about the content of the proposed plan; or - (ii) apply for arbitration of the dispute under subsection (5) or (6) . - (a) the site senior executive gives the operator a copy of the proposed plan; and - (b) the operator has not, within 20 days after being given the copy, made any proposal to the site senior executive about the provisions for the plan.