sec.228Existing negotiations for conduct and compensation agreement or deferral agreement

### sec.228 Existing negotiations for conduct and compensation agreement or deferral agreement This section applies if— before the commencement, a resource authority holder gave an eligible claimant a negotiation notice, under the old land access provisions, that the holder wished to negotiate a conduct and compensation agreement or a deferral agreement with the claimant; and the resource authority holder and the eligible claimant had not entered into a conduct and compensation agreement or deferral agreement before the commencement. The negotiations for the conduct and compensation agreement or the deferral agreement are to continue under the old land access provisions that, before the commencement, applied in relation to the negotiation notice. Subsection (2) applies despite the repeal of the old land access provisions. If the negotiations under the old land access provisions result in the making of a conduct and compensation agreement after the commencement, the agreement is taken to be a conduct and compensation agreement entered into under section 83(1). If the negotiations under the old land access provisions result in the making of a deferral agreement after the commencement, the agreement is taken to be a deferral agreement entered into under section 44(2). If the negotiations under the old land access provisions result in a decision of the Land Court under the old land access provisions, the decision is taken to be a decision of the Land Court under the new land access provisions. In this section— new land access provisions means chapter 3. old land access provisions means— the Mineral Resources Act, schedule 1; or the P&G Act, chapter 5, parts 2 and 5; or the 1923 Act, parts 6H and 6K; or the Geothermal Act, chapter 5, parts 5 and 8; or the Greenhouse Gas Act, chapter 5, parts 7 and 10. s 228 sub 2016 No. 30 s 60 (sec.228-ssec.1) This section applies if— before the commencement, a resource authority holder gave an eligible claimant a negotiation notice, under the old land access provisions, that the holder wished to negotiate a conduct and compensation agreement or a deferral agreement with the claimant; and the resource authority holder and the eligible claimant had not entered into a conduct and compensation agreement or deferral agreement before the commencement. (sec.228-ssec.2) The negotiations for the conduct and compensation agreement or the deferral agreement are to continue under the old land access provisions that, before the commencement, applied in relation to the negotiation notice. (sec.228-ssec.3) Subsection (2) applies despite the repeal of the old land access provisions. (sec.228-ssec.4) If the negotiations under the old land access provisions result in the making of a conduct and compensation agreement after the commencement, the agreement is taken to be a conduct and compensation agreement entered into under section 83(1). (sec.228-ssec.5) If the negotiations under the old land access provisions result in the making of a deferral agreement after the commencement, the agreement is taken to be a deferral agreement entered into under section 44(2). (sec.228-ssec.6) If the negotiations under the old land access provisions result in a decision of the Land Court under the old land access provisions, the decision is taken to be a decision of the Land Court under the new land access provisions. (sec.228-ssec.7) In this section— new land access provisions means chapter 3. old land access provisions means— the Mineral Resources Act, schedule 1; or the P&G Act, chapter 5, parts 2 and 5; or the 1923 Act, parts 6H and 6K; or the Geothermal Act, chapter 5, parts 5 and 8; or the Greenhouse Gas Act, chapter 5, parts 7 and 10. s 228 sub 2016 No. 30 s 60 - (a) before the commencement, a resource authority holder gave an eligible claimant a negotiation notice, under the old land access provisions, that the holder wished to negotiate a conduct and compensation agreement or a deferral agreement with the claimant; and - (b) the resource authority holder and the eligible claimant had not entered into a conduct and compensation agreement or deferral agreement before the commencement. - (a) the Mineral Resources Act, schedule 1; or - (b) the P&G Act, chapter 5, parts 2 and 5; or - (c) the 1923 Act, parts 6H and 6K; or - (d) the Geothermal Act, chapter 5, parts 5 and 8; or - (e) the Greenhouse Gas Act, chapter 5, parts 7 and 10.