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Mineral and Energy Resources (Common Provisions) Act 2014
sec.148AModification of particular provisions if preferred tenderer appointed
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### sec.148A Modification of particular provisions if preferred tenderer appointed
This section applies if—
the Minister publishes a call for tenders for a petroleum lease under the P&G Act , section 127 ; and
the Minister appoints a preferred tenderer on the tenders made in response to the call.
For applying the requirements under this chapter—
the only PL holder required to give a petroleum production notice to a coal resource authority holder under section 141 (1) is the PL holder appointed under the P&G Act , chapter 2 , part 2 , division 3 , subdivision 3 as the preferred tenderer; and
despite section 141 (1) (c) , a petroleum production notice given by a PL holder mentioned in paragraph (a) is not required to include a proposed joint development plan; and
a PL holder mentioned in paragraph (a) complies with section 141 (2) if the PL holder gives the petroleum production notice to the coal resource authority holder within 10 business days after the PL holder is appointed as preferred tenderer; and
a PL holder mentioned in paragraph (a) is not required to comply with section 142 ; and
the coal resource authority holder given a petroleum production notice by a PL holder under paragraph (c) complies with section 121 (2) if the coal resource authority holder gives an advance notice to the PL holder within 30 business days after the petroleum production notice is given to the coal resource authority holder; and
an advance notice mentioned in paragraph (e) complies with section 121 (1) if the notice—
states that the ML (coal) holder has applied for the grant of the ML (coal); and
includes a copy of the application for the ML (coal), other than any statement detailing the applicant’s financial and technical resources; and
includes a proposed joint development plan for the overlapping area the subject of the ML (coal); and
if a proposed joint development plan mentioned in paragraph (f) (iii) identifies an IMA for the overlapping area, the mining commencement date for the identified IMA must be at least 11 years after the date on which the ML (coal) holder applied for the grant of the ML (coal); and
a PL holder mentioned in paragraph (a) complies with section 154 (3) (a) if the PL holder gives the information required to be given under section 154 within 20 business days after the PL holder gives the petroleum production notice to the coal resource authority holder; and
a coal resource authority holder given a petroleum production notice under paragraph (c) complies with section 154 (3) (a) if the coal resource authority holder gives the information required to be given under section 154 within 20 business days after the coal resource authority holder is given the petroleum production notice.
To remove any doubt, it is declared that—
this section does not limit the changing of the mining commencement date for the IMA mentioned in subsection (2) (g) in the way mentioned in section 115 (1) (b) or (c) ; and
section 156 applies in relation to information—
given by a PL holder mentioned in this section to a coal resource authority holder mentioned in this section; or
given by a coal resource authority holder mentioned in this section to a PL holder mentioned in this section.
This section applies whether the preferred tenderer mentioned in subsection (1) (b) was appointed before or after the commencement of this section.
s 148A ins 2017 No. 34 s 76
(sec.148A-ssec.1) This section applies if— the Minister publishes a call for tenders for a petroleum lease under the P&G Act , section 127 ; and the Minister appoints a preferred tenderer on the tenders made in response to the call.
(sec.148A-ssec.2) For applying the requirements under this chapter— the only PL holder required to give a petroleum production notice to a coal resource authority holder under section 141 (1) is the PL holder appointed under the P&G Act , chapter 2 , part 2 , division 3 , subdivision 3 as the preferred tenderer; and despite section 141 (1) (c) , a petroleum production notice given by a PL holder mentioned in paragraph (a) is not required to include a proposed joint development plan; and a PL holder mentioned in paragraph (a) complies with section 141 (2) if the PL holder gives the petroleum production notice to the coal resource authority holder within 10 business days after the PL holder is appointed as preferred tenderer; and a PL holder mentioned in paragraph (a) is not required to comply with section 142 ; and the coal resource authority holder given a petroleum production notice by a PL holder under paragraph (c) complies with section 121 (2) if the coal resource authority holder gives an advance notice to the PL holder within 30 business days after the petroleum production notice is given to the coal resource authority holder; and an advance notice mentioned in paragraph (e) complies with section 121 (1) if the notice— states that the ML (coal) holder has applied for the grant of the ML (coal); and includes a copy of the application for the ML (coal), other than any statement detailing the applicant’s financial and technical resources; and includes a proposed joint development plan for the overlapping area the subject of the ML (coal); and if a proposed joint development plan mentioned in paragraph (f) (iii) identifies an IMA for the overlapping area, the mining commencement date for the identified IMA must be at least 11 years after the date on which the ML (coal) holder applied for the grant of the ML (coal); and a PL holder mentioned in paragraph (a) complies with section 154 (3) (a) if the PL holder gives the information required to be given under section 154 within 20 business days after the PL holder gives the petroleum production notice to the coal resource authority holder; and a coal resource authority holder given a petroleum production notice under paragraph (c) complies with section 154 (3) (a) if the coal resource authority holder gives the information required to be given under section 154 within 20 business days after the coal resource authority holder is given the petroleum production notice.
(sec.148A-ssec.3) To remove any doubt, it is declared that— this section does not limit the changing of the mining commencement date for the IMA mentioned in subsection (2) (g) in the way mentioned in section 115 (1) (b) or (c) ; and section 156 applies in relation to information— given by a PL holder mentioned in this section to a coal resource authority holder mentioned in this section; or given by a coal resource authority holder mentioned in this section to a PL holder mentioned in this section.
(sec.148A-ssec.4) This section applies whether the preferred tenderer mentioned in subsection (1) (b) was appointed before or after the commencement of this section.
- (a) the Minister publishes a call for tenders for a petroleum lease under the P&G Act , section 127 ; and
- (b) the Minister appoints a preferred tenderer on the tenders made in response to the call.
- (a) the only PL holder required to give a petroleum production notice to a coal resource authority holder under section 141 (1) is the PL holder appointed under the P&G Act , chapter 2 , part 2 , division 3 , subdivision 3 as the preferred tenderer; and
- (b) despite section 141 (1) (c) , a petroleum production notice given by a PL holder mentioned in paragraph (a) is not required to include a proposed joint development plan; and
- (c) a PL holder mentioned in paragraph (a) complies with section 141 (2) if the PL holder gives the petroleum production notice to the coal resource authority holder within 10 business days after the PL holder is appointed as preferred tenderer; and
- (d) a PL holder mentioned in paragraph (a) is not required to comply with section 142 ; and
- (e) the coal resource authority holder given a petroleum production notice by a PL holder under paragraph (c) complies with section 121 (2) if the coal resource authority holder gives an advance notice to the PL holder within 30 business days after the petroleum production notice is given to the coal resource authority holder; and
- (f) an advance notice mentioned in paragraph (e) complies with section 121 (1) if the notice— (i) states that the ML (coal) holder has applied for the grant of the ML (coal); and (ii) includes a copy of the application for the ML (coal), other than any statement detailing the applicant’s financial and technical resources; and (iii) includes a proposed joint development plan for the overlapping area the subject of the ML (coal); and
- (i) states that the ML (coal) holder has applied for the grant of the ML (coal); and
- (ii) includes a copy of the application for the ML (coal), other than any statement detailing the applicant’s financial and technical resources; and
- (iii) includes a proposed joint development plan for the overlapping area the subject of the ML (coal); and
- (g) if a proposed joint development plan mentioned in paragraph (f) (iii) identifies an IMA for the overlapping area, the mining commencement date for the identified IMA must be at least 11 years after the date on which the ML (coal) holder applied for the grant of the ML (coal); and
- (h) a PL holder mentioned in paragraph (a) complies with section 154 (3) (a) if the PL holder gives the information required to be given under section 154 within 20 business days after the PL holder gives the petroleum production notice to the coal resource authority holder; and
- (i) a coal resource authority holder given a petroleum production notice under paragraph (c) complies with section 154 (3) (a) if the coal resource authority holder gives the information required to be given under section 154 within 20 business days after the coal resource authority holder is given the petroleum production notice.
- (i) states that the ML (coal) holder has applied for the grant of the ML (coal); and
- (ii) includes a copy of the application for the ML (coal), other than any statement detailing the applicant’s financial and technical resources; and
- (iii) includes a proposed joint development plan for the overlapping area the subject of the ML (coal); and
- (a) this section does not limit the changing of the mining commencement date for the IMA mentioned in subsection (2) (g) in the way mentioned in section 115 (1) (b) or (c) ; and
- (b) section 156 applies in relation to information— (i) given by a PL holder mentioned in this section to a coal resource authority holder mentioned in this section; or (ii) given by a coal resource authority holder mentioned in this section to a PL holder mentioned in this section.
- (i) given by a PL holder mentioned in this section to a coal resource authority holder mentioned in this section; or
- (ii) given by a coal resource authority holder mentioned in this section to a PL holder mentioned in this section.
- (i) given by a PL holder mentioned in this section to a coal resource authority holder mentioned in this section; or
- (ii) given by a coal resource authority holder mentioned in this section to a PL holder mentioned in this section.