sec.12BCRequirements for boreholes

### sec.12BC Requirements for boreholes This section applies if an overlapping area is subject to— either— an authority to prospect granted before or after the start date; or a petroleum lease granted after the start date, other than a replacement tenure under the Petroleum and Gas (Production and Safety) Act 2004 , section 908 (2) ; and a mining lease granted, or an application for a mining lease made, after the start date. If the mining lease is for an underground coal mine— the additional safety requirements mentioned in sections 12BD and 12BE apply to a borehole in the overlapping area drilled for the mining lease (coal) after the start date; and the standard safety requirements for the borehole do not apply to the borehole to the extent the additional safety requirements are inconsistent with the standard safety requirements. If the mining lease is for a surface mine— the additional safety requirements mentioned in section 12BD apply to a borehole in the overlapping area drilled for the mining lease (coal) after the start date; and the standard safety requirements for the borehole do not apply to the borehole to the extent the additional safety requirements are inconsistent with the standard safety requirements. Despite subsections (2) and (3) , the resource authority holders for the overlapping area may agree on an alternative safety requirement for the borehole. If the resource authority holders for the overlapping area agree under subsection (4) on an alternative safety requirement for a borehole— the standard safety requirements for the borehole do not apply to the borehole to the extent the alternative safety requirement is inconsistent with the standard safety requirements; and the alternative safety requirements for the borehole must be included in the joint interaction management plan for the overlapping area. See section 64E (1) (c) of the Act for the requirement to comply with the joint interaction management plan. In this section— additional safety requirements , for a borehole, means requirements applying to the borehole under section 12BD or 12BE . alternative safety requirement , for a borehole, means a method or procedure that— does not comply with the additional safety requirements for the borehole; and achieves a level of risk that is equal to or less than the level of risk that would be achieved by complying with the additional safety requirements. standard safety requirements , for a borehole, means the requirements applying to the borehole under section 100 . start date means 27 September 2016. 12BC amd 2019 SL No. 89 s 4 (sec.12BC-ssec.1) This section applies if an overlapping area is subject to— either— an authority to prospect granted before or after the start date; or a petroleum lease granted after the start date, other than a replacement tenure under the Petroleum and Gas (Production and Safety) Act 2004 , section 908 (2) ; and a mining lease granted, or an application for a mining lease made, after the start date. (sec.12BC-ssec.2) If the mining lease is for an underground coal mine— the additional safety requirements mentioned in sections 12BD and 12BE apply to a borehole in the overlapping area drilled for the mining lease (coal) after the start date; and the standard safety requirements for the borehole do not apply to the borehole to the extent the additional safety requirements are inconsistent with the standard safety requirements. (sec.12BC-ssec.3) If the mining lease is for a surface mine— the additional safety requirements mentioned in section 12BD apply to a borehole in the overlapping area drilled for the mining lease (coal) after the start date; and the standard safety requirements for the borehole do not apply to the borehole to the extent the additional safety requirements are inconsistent with the standard safety requirements. (sec.12BC-ssec.4) Despite subsections (2) and (3) , the resource authority holders for the overlapping area may agree on an alternative safety requirement for the borehole. (sec.12BC-ssec.5) If the resource authority holders for the overlapping area agree under subsection (4) on an alternative safety requirement for a borehole— the standard safety requirements for the borehole do not apply to the borehole to the extent the alternative safety requirement is inconsistent with the standard safety requirements; and the alternative safety requirements for the borehole must be included in the joint interaction management plan for the overlapping area. See section 64E (1) (c) of the Act for the requirement to comply with the joint interaction management plan. (sec.12BC-ssec.6) In this section— additional safety requirements , for a borehole, means requirements applying to the borehole under section 12BD or 12BE . alternative safety requirement , for a borehole, means a method or procedure that— does not comply with the additional safety requirements for the borehole; and achieves a level of risk that is equal to or less than the level of risk that would be achieved by complying with the additional safety requirements. standard safety requirements , for a borehole, means the requirements applying to the borehole under section 100 . start date means 27 September 2016. - (a) either— (i) an authority to prospect granted before or after the start date; or (ii) a petroleum lease granted after the start date, other than a replacement tenure under the Petroleum and Gas (Production and Safety) Act 2004 , section 908 (2) ; and - (i) an authority to prospect granted before or after the start date; or - (ii) a petroleum lease granted after the start date, other than a replacement tenure under the Petroleum and Gas (Production and Safety) Act 2004 , section 908 (2) ; and - (b) a mining lease granted, or an application for a mining lease made, after the start date. - (i) an authority to prospect granted before or after the start date; or - (ii) a petroleum lease granted after the start date, other than a replacement tenure under the Petroleum and Gas (Production and Safety) Act 2004 , section 908 (2) ; and - (a) the additional safety requirements mentioned in sections 12BD and 12BE apply to a borehole in the overlapping area drilled for the mining lease (coal) after the start date; and - (b) the standard safety requirements for the borehole do not apply to the borehole to the extent the additional safety requirements are inconsistent with the standard safety requirements. - (a) the additional safety requirements mentioned in section 12BD apply to a borehole in the overlapping area drilled for the mining lease (coal) after the start date; and - (b) the standard safety requirements for the borehole do not apply to the borehole to the extent the additional safety requirements are inconsistent with the standard safety requirements. - (a) the standard safety requirements for the borehole do not apply to the borehole to the extent the alternative safety requirement is inconsistent with the standard safety requirements; and - (b) the alternative safety requirements for the borehole must be included in the joint interaction management plan for the overlapping area. - (a) does not comply with the additional safety requirements for the borehole; and - (b) achieves a level of risk that is equal to or less than the level of risk that would be achieved by complying with the additional safety requirements.