QLDIn ForceAct
Mineral and Energy Resources (Common Provisions) Act 2014
sec.115What is the mining commencement date
Start here
Get a plain-English read of sec.115
Turn the raw legal text into a practical explanation grounded in Mineral and Energy Resources (Common Provisions) Act 2014.
### sec.115 What is the mining commencement date
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.
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.
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.
s 115 sub 2016 No. 30 s 18
(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.
(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.
(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.
- (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
- (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
- (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.
- (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
- (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.
- (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
- (b) for each subsequent RMA in the overlapping area—at least 1 year after the mining commencement date for the immediately preceding RMA.