sec.127Exceptional circumstances notice may be given by petroleum resource authority holder

### sec.127 Exceptional circumstances notice may be given by petroleum resource authority holder 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. 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. 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. The exceptional circumstances notice must be accompanied by technical data, including, for example, data about production modelling, justifying the preferred mining commencement date. 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. 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. Despite subsection (6) , the petroleum resource authority holder and the ML (coal) holder may jointly apply for arbitration of the dispute at any time. 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. In this section— prescribed threshold means the threshold for production of petroleum that is prescribed by regulation. s 127 amd 2016 No. 30 s 28 (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. (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. (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. (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. (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. (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. (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. (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. (sec.127-ssec.9) In this section— prescribed threshold means the threshold for production of petroleum that is prescribed by regulation. - (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 - (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 - (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. - (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. - (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 - (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. - (a) the exceptional circumstances justifying the extension mentioned in subsection (1) (b) ; and - (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 - (c) any other information prescribed by regulation. - (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 - (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. - (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. - (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.