sec.149Concurrent notice may be given by ATP holder

### sec.149 Concurrent notice may be given by ATP holder This section applies if an ATP holder— receives an advance notice under part 2 in relation to an overlapping area from the holder of an EP (coal) or MDL (coal) that includes the overlapping area; and Under part 2 , an advance notice for an ML (coal) is given by the applicant for the ML (coal). intends to apply for a PL, that will include the overlapping area, within 6 months after the ATP holder receives the advance notice. The ATP holder may give the holder of the EP (coal) or MDL (coal) a written notice (a concurrent notice ) stating the information mentioned in subsection (1) (b) . The concurrent notice must be given within 3 months after the ATP holder receives the advance notice. If the concurrent notice is given and the application for the PL is made within the 6 months mentioned in subsection (1) (b) , this chapter must, to the greatest practicable extent, be applied as if the ATP holder was already a PL holder when the advance notice was given to the ATP holder. Without limiting subsection (4) — the mining commencement date for an IMA in the overlapping area, for the purposes of the advance notice, is taken to be at least 11 years after the date on which the advance notice was given; and the mining commencement date for the IMA may be changed in the way mentioned in section 115 (1) (b) or (c) ; and the ATP holder may give an exceptional circumstances notice under section 127 , including at the same time as the concurrent notice is given. However, despite subsection (4) , the ML (coal) holder must ensure the agreed joint development plan mentioned in section 130 (2) is in place within 12 months after receiving from the ATP holder a petroleum production notice 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, instead of within the period mentioned in section 130 (2) . s 149 amd 2016 No. 30 s 45 (sec.149-ssec.1) This section applies if an ATP holder— receives an advance notice under part 2 in relation to an overlapping area from the holder of an EP (coal) or MDL (coal) that includes the overlapping area; and Under part 2 , an advance notice for an ML (coal) is given by the applicant for the ML (coal). intends to apply for a PL, that will include the overlapping area, within 6 months after the ATP holder receives the advance notice. (sec.149-ssec.2) The ATP holder may give the holder of the EP (coal) or MDL (coal) a written notice (a concurrent notice ) stating the information mentioned in subsection (1) (b) . (sec.149-ssec.3) The concurrent notice must be given within 3 months after the ATP holder receives the advance notice. (sec.149-ssec.4) If the concurrent notice is given and the application for the PL is made within the 6 months mentioned in subsection (1) (b) , this chapter must, to the greatest practicable extent, be applied as if the ATP holder was already a PL holder when the advance notice was given to the ATP holder. (sec.149-ssec.5) Without limiting subsection (4) — the mining commencement date for an IMA in the overlapping area, for the purposes of the advance notice, is taken to be at least 11 years after the date on which the advance notice was given; and the mining commencement date for the IMA may be changed in the way mentioned in section 115 (1) (b) or (c) ; and the ATP holder may give an exceptional circumstances notice under section 127 , including at the same time as the concurrent notice is given. (sec.149-ssec.6) However, despite subsection (4) , the ML (coal) holder must ensure the agreed joint development plan mentioned in section 130 (2) is in place within 12 months after receiving from the ATP holder a petroleum production notice 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, instead of within the period mentioned in section 130 (2) . - (a) receives an advance notice under part 2 in relation to an overlapping area from the holder of an EP (coal) or MDL (coal) that includes the overlapping area; and Note— Under part 2 , an advance notice for an ML (coal) is given by the applicant for the ML (coal). - (b) intends to apply for a PL, that will include the overlapping area, within 6 months after the ATP holder receives the advance notice. - (a) the mining commencement date for an IMA in the overlapping area, for the purposes of the advance notice, is taken to be at least 11 years after the date on which the advance notice was given; and - (b) the mining commencement date for the IMA may be changed in the way mentioned in section 115 (1) (b) or (c) ; and - (c) the ATP holder may give an exceptional circumstances notice under section 127 , including at the same time as the concurrent notice is given.