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Mineral and Energy Resources (Common Provisions) Act 2014
sec.130Requirement for agreed joint development plan
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### sec.130 Requirement for agreed joint development plan
This section applies if an ML (coal) holder gives an advance notice to a PL holder.
The ML (coal) holder must ensure—
within 12 months after giving the advance notice to the PL holder or, if an application for arbitration of a dispute is made under section 131 (2) or (3) , within 9 months after the appointment of the arbitrator—there is in place—
a joint development plan that has been agreed with the PL holder; or
an agreed joint development plan as arbitrated; and
within 20 business days after the agreed joint development plan is in place—written notice is given to the chief executive stating the following—
that the plan is in place;
the period for which the plan has effect;
other information prescribed by regulation.
The agreed joint development plan must—
identify the ML (coal) holder and PL holder under the plan; and
set out an overview of the activities proposed to be carried out in the overlapping area by the ML (coal) holder, including the location of the activities and when they will start; and
set out an overview of the activities proposed to be carried out in the overlapping area by the PL holder, including the location of the activities and when they will start; and
identify any IMA and RMA for the overlapping area, and any SOZ proposed for any IMA or RMA for the overlapping area; and
state the mining commencement date for any IMA or RMA; and
state how the activities mentioned in paragraphs (b) and (c) optimise the development and use of the State’s coal and coal seam gas resources; and
state the period for which the agreed joint development plan is to have effect; and
include any other information prescribed by regulation.
For 2 or more overlapping areas in the area the subject of the ML (coal)—
to the extent practicable, there may be in place a single agreed joint development plan for 2 or more of the overlapping areas; and
if there are 2 or more agreed joint development plans in place for the overlapping areas, the ML (coal) holder may give the chief executive a single notice as mentioned in subsection (2) (b) for all the agreed joint development plans.
s 130 amd 2016 No. 30 s 31
(sec.130-ssec.1) This section applies if an ML (coal) holder gives an advance notice to a PL holder.
(sec.130-ssec.2) The ML (coal) holder must ensure— within 12 months after giving the advance notice to the PL holder or, if an application for arbitration of a dispute is made under section 131 (2) or (3) , within 9 months after the appointment of the arbitrator—there is in place— a joint development plan that has been agreed with the PL holder; or an agreed joint development plan as arbitrated; and within 20 business days after the agreed joint development plan is in place—written notice is given to the chief executive stating the following— that the plan is in place; the period for which the plan has effect; other information prescribed by regulation.
(sec.130-ssec.3) The agreed joint development plan must— identify the ML (coal) holder and PL holder under the plan; and set out an overview of the activities proposed to be carried out in the overlapping area by the ML (coal) holder, including the location of the activities and when they will start; and set out an overview of the activities proposed to be carried out in the overlapping area by the PL holder, including the location of the activities and when they will start; and identify any IMA and RMA for the overlapping area, and any SOZ proposed for any IMA or RMA for the overlapping area; and state the mining commencement date for any IMA or RMA; and state how the activities mentioned in paragraphs (b) and (c) optimise the development and use of the State’s coal and coal seam gas resources; and state the period for which the agreed joint development plan is to have effect; and include any other information prescribed by regulation.
(sec.130-ssec.4) For 2 or more overlapping areas in the area the subject of the ML (coal)— to the extent practicable, there may be in place a single agreed joint development plan for 2 or more of the overlapping areas; and if there are 2 or more agreed joint development plans in place for the overlapping areas, the ML (coal) holder may give the chief executive a single notice as mentioned in subsection (2) (b) for all the agreed joint development plans.
- (a) within 12 months after giving the advance notice to the PL holder or, if an application for arbitration of a dispute is made under section 131 (2) or (3) , within 9 months after the appointment of the arbitrator—there is in place— (i) a joint development plan that has been agreed with the PL holder; or (ii) an agreed joint development plan as arbitrated; and
- (i) a joint development plan that has been agreed with the PL holder; or
- (ii) an agreed joint development plan as arbitrated; and
- (b) within 20 business days after the agreed joint development plan is in place—written notice is given to the chief executive stating the following— (i) that the plan is in place; (ii) the period for which the plan has effect; (iii) other information prescribed by regulation.
- (i) that the plan is in place;
- (ii) the period for which the plan has effect;
- (iii) other information prescribed by regulation.
- (i) a joint development plan that has been agreed with the PL holder; or
- (ii) an agreed joint development plan as arbitrated; and
- (i) that the plan is in place;
- (ii) the period for which the plan has effect;
- (iii) other information prescribed by regulation.
- (a) identify the ML (coal) holder and PL holder under the plan; and
- (b) set out an overview of the activities proposed to be carried out in the overlapping area by the ML (coal) holder, including the location of the activities and when they will start; and
- (c) set out an overview of the activities proposed to be carried out in the overlapping area by the PL holder, including the location of the activities and when they will start; and
- (d) identify any IMA and RMA for the overlapping area, and any SOZ proposed for any IMA or RMA for the overlapping area; and
- (e) state the mining commencement date for any IMA or RMA; and
- (f) state how the activities mentioned in paragraphs (b) and (c) optimise the development and use of the State’s coal and coal seam gas resources; and
- (g) state the period for which the agreed joint development plan is to have effect; and
- (h) include any other information prescribed by regulation.
- (a) to the extent practicable, there may be in place a single agreed joint development plan for 2 or more of the overlapping areas; and
- (b) if there are 2 or more agreed joint development plans in place for the overlapping areas, the ML (coal) holder may give the chief executive a single notice as mentioned in subsection (2) (b) for all the agreed joint development plans.