QLDIn ForceAct
Mineral and Energy Resources (Common Provisions) Act 2014
sec.128Acceleration notice may be given by ML (coal) holder
Start here
Get a plain-English read of sec.128
Turn the raw legal text into a practical explanation grounded in Mineral and Energy Resources (Common Provisions) Act 2014.
### sec.128 Acceleration notice may be given by ML (coal) holder
This section applies if an ML (coal) holder considers a mining commencement date for an IMA or RMA should be an earlier date.
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.
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.
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.
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.
s 128 amd 2016 No. 30 s 29
(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.
(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.
(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.
(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.
(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.
- (a) states the earlier date; and
- (b) includes any other information prescribed by regulation.
- (a) starting on the day an advance notice is given to the PL holder; and
- (b) ending on the day that is 18 months before the mining commencement date for the IMA or RMA.