sec.233AApplication for ML (coal) over land in area of existing ATP

### sec.233A Application for ML (coal) over land in area of existing ATP This section applies if— a person made an application, under the pre-amended Mineral Resources Act, chapter 6, for the grant of an ML (coal); and the application was made but not decided before the commencement; and the ML (coal) overlaps an ATP that was applied for after the date of the application for the ML (coal) but granted before the commencement. The new overlap provisions apply to the circumstance of the ML (coal) overlapping the ATP. For applying the new overlap provisions— the overlapping area for the ML (coal) and ATP is taken to come into existence on the commencement; and despite sections 115(2) and 120, the ML (coal) holder has sole occupancy of the IMA for the overlapping area from the date stated under subsection (4)(b) by the ML (coal) holder, but only if the ML (coal) holder has given the ATP holder a notice as required under subsection (4); and the date stated under subsection (4)(b) by the ML (coal) holder is taken to be the mining commencement date; and despite section 127, the ATP holder may not give an exceptional circumstances notice to the ML (coal) holder; and despite section 138(2)(b), the ML (coal) holder must make the offer mentioned in section 138(2) as early as practicable after the overlapping area is taken to come into existence. The notice must— state that the ML (coal) holder intends to start carrying out authorised activities for the ML (coal) in the IMA in the overlapping area; and state the date on which the ML (coal) holder will take sole occupancy of the IMA; and include any other information prescribed by regulation; and be given at least 3 months before the date mentioned in paragraph (b), or within the period otherwise agreed between the ML (coal) holder and ATP holder. s 233A ins 2016 No. 30 s 64 (sec.233A-ssec.1) This section applies if— a person made an application, under the pre-amended Mineral Resources Act, chapter 6, for the grant of an ML (coal); and the application was made but not decided before the commencement; and the ML (coal) overlaps an ATP that was applied for after the date of the application for the ML (coal) but granted before the commencement. (sec.233A-ssec.2) The new overlap provisions apply to the circumstance of the ML (coal) overlapping the ATP. (sec.233A-ssec.3) For applying the new overlap provisions— the overlapping area for the ML (coal) and ATP is taken to come into existence on the commencement; and despite sections 115(2) and 120, the ML (coal) holder has sole occupancy of the IMA for the overlapping area from the date stated under subsection (4)(b) by the ML (coal) holder, but only if the ML (coal) holder has given the ATP holder a notice as required under subsection (4); and the date stated under subsection (4)(b) by the ML (coal) holder is taken to be the mining commencement date; and despite section 127, the ATP holder may not give an exceptional circumstances notice to the ML (coal) holder; and despite section 138(2)(b), the ML (coal) holder must make the offer mentioned in section 138(2) as early as practicable after the overlapping area is taken to come into existence. (sec.233A-ssec.4) The notice must— state that the ML (coal) holder intends to start carrying out authorised activities for the ML (coal) in the IMA in the overlapping area; and state the date on which the ML (coal) holder will take sole occupancy of the IMA; and include any other information prescribed by regulation; and be given at least 3 months before the date mentioned in paragraph (b), or within the period otherwise agreed between the ML (coal) holder and ATP holder. - (a) a person made an application, under the pre-amended Mineral Resources Act, chapter 6, for the grant of an ML (coal); and - (b) the application was made but not decided before the commencement; and - (c) the ML (coal) overlaps an ATP that was applied for after the date of the application for the ML (coal) but granted before the commencement. - (a) the overlapping area for the ML (coal) and ATP is taken to come into existence on the commencement; and - (b) despite sections 115(2) and 120, the ML (coal) holder has sole occupancy of the IMA for the overlapping area from the date stated under subsection (4)(b) by the ML (coal) holder, but only if the ML (coal) holder has given the ATP holder a notice as required under subsection (4); and - (c) the date stated under subsection (4)(b) by the ML (coal) holder is taken to be the mining commencement date; and - (d) despite section 127, the ATP holder may not give an exceptional circumstances notice to the ML (coal) holder; and - (e) despite section 138(2)(b), the ML (coal) holder must make the offer mentioned in section 138(2) as early as practicable after the overlapping area is taken to come into existence. - (a) state that the ML (coal) holder intends to start carrying out authorised activities for the ML (coal) in the IMA in the overlapping area; and - (b) state the date on which the ML (coal) holder will take sole occupancy of the IMA; and - (c) include any other information prescribed by regulation; and - (d) be given at least 3 months before the date mentioned in paragraph (b), or within the period otherwise agreed between the ML (coal) holder and ATP holder.