sec.241AApplication for ML (coal) and application for PL both undecided before commencement

### sec.241A Application for ML (coal) and application for PL both undecided before commencement This section applies if— before the commencement— an application was made under the pre-amended Mineral Resources Act for the grant of an ML (coal); and an application was made under the pre-amended P&G Act for the grant of a PL; and each application was made over some or all of the area over which the other application was made; and neither application was decided before the commencement. For this section, it does not matter in which order the applications for the ML (coal) and the PL were made before the commencement. The following provisions apply to the circumstances of the applications— if the applicants are parties to a coordination arrangement—the pre-amended Mineral Resources Act and pre-amended P&G Act, which apply as if the Common Provisions Act had not been enacted; otherwise—the new overlap provisions. Despite subsection (3)(a), the new overlap provisions apply to the circumstances of the applications if— the applicants agree that the new overlap provisions apply; and the applicants jointly give written notice to the chief executive of the agreement. For applying the requirements under the new overlap provisions to give an advance notice for the ML (coal)— if the new overlap provisions apply under subsection (3)(b) to the circumstances of the applications—the ML (coal) holder complies with section 121(2) if the ML (coal) holder gives the advance notice to the PL holder within 10 business days after the commencement of chapter 7; or if the new overlap provisions apply under subsection (4) to the circumstances of the applications—the ML (coal) holder complies with section 121(2) if the ML (coal) holder gives the advance notice to the PL holder within 10 business days after the notice is given to the chief executive under subsection (4)(b). Despite section 115(2)(a), the mining commencement date for an IMA to be included in the advance notice must be at least 6 years after the commencement. If neither the ML (coal) nor the PL are granted within 6 years after the commencement, the mining commencement date for an IMA must be— if the ML (coal) application is the first application to be granted after the 6 years have ended—at least 3 months after the grant of the ML (coal), unless the ML (coal) holder and the petroleum resource authority holder otherwise agree; or if the PL application is the first application to be granted after the 6 years have ended—at least 5 years after the 6 years have ended, unless the PL holder and the coal resource authority holder otherwise agree. This section applies despite divisions 3 and 4. In this section— coordination arrangement means an arrangement that was— made under the pre-amended P&G Act, section 234(1) to (4) before 27 September 2016; and approved by the Minister under the pre-amended P&G Act, section 236(1) before 27 September 2016, whether or not the approval has taken effect under the P&G Act. s 241A ins 2014 No. 64 s 8C amd 2016 No. 30 s 71 ; 2017 No. 34 s 81 (sec.241A-ssec.1) This section applies if— before the commencement— an application was made under the pre-amended Mineral Resources Act for the grant of an ML (coal); and an application was made under the pre-amended P&G Act for the grant of a PL; and each application was made over some or all of the area over which the other application was made; and neither application was decided before the commencement. (sec.241A-ssec.2) For this section, it does not matter in which order the applications for the ML (coal) and the PL were made before the commencement. (sec.241A-ssec.3) The following provisions apply to the circumstances of the applications— if the applicants are parties to a coordination arrangement—the pre-amended Mineral Resources Act and pre-amended P&G Act, which apply as if the Common Provisions Act had not been enacted; otherwise—the new overlap provisions. (sec.241A-ssec.4) Despite subsection (3)(a), the new overlap provisions apply to the circumstances of the applications if— the applicants agree that the new overlap provisions apply; and the applicants jointly give written notice to the chief executive of the agreement. (sec.241A-ssec.5) For applying the requirements under the new overlap provisions to give an advance notice for the ML (coal)— if the new overlap provisions apply under subsection (3)(b) to the circumstances of the applications—the ML (coal) holder complies with section 121(2) if the ML (coal) holder gives the advance notice to the PL holder within 10 business days after the commencement of chapter 7; or if the new overlap provisions apply under subsection (4) to the circumstances of the applications—the ML (coal) holder complies with section 121(2) if the ML (coal) holder gives the advance notice to the PL holder within 10 business days after the notice is given to the chief executive under subsection (4)(b). (sec.241A-ssec.6) Despite section 115(2)(a), the mining commencement date for an IMA to be included in the advance notice must be at least 6 years after the commencement. (sec.241A-ssec.7) If neither the ML (coal) nor the PL are granted within 6 years after the commencement, the mining commencement date for an IMA must be— if the ML (coal) application is the first application to be granted after the 6 years have ended—at least 3 months after the grant of the ML (coal), unless the ML (coal) holder and the petroleum resource authority holder otherwise agree; or if the PL application is the first application to be granted after the 6 years have ended—at least 5 years after the 6 years have ended, unless the PL holder and the coal resource authority holder otherwise agree. (sec.241A-ssec.8) This section applies despite divisions 3 and 4. (sec.241A-ssec.9) In this section— coordination arrangement means an arrangement that was— made under the pre-amended P&G Act, section 234(1) to (4) before 27 September 2016; and approved by the Minister under the pre-amended P&G Act, section 236(1) before 27 September 2016, whether or not the approval has taken effect under the P&G Act. - (a) before the commencement— (i) an application was made under the pre-amended Mineral Resources Act for the grant of an ML (coal); and (ii) an application was made under the pre-amended P&G Act for the grant of a PL; and - (i) an application was made under the pre-amended Mineral Resources Act for the grant of an ML (coal); and - (ii) an application was made under the pre-amended P&G Act for the grant of a PL; and - (b) each application was made over some or all of the area over which the other application was made; and - (c) neither application was decided before the commencement. - (i) an application was made under the pre-amended Mineral Resources Act for the grant of an ML (coal); and - (ii) an application was made under the pre-amended P&G Act for the grant of a PL; and - (a) if the applicants are parties to a coordination arrangement—the pre-amended Mineral Resources Act and pre-amended P&G Act, which apply as if the Common Provisions Act had not been enacted; - (b) otherwise—the new overlap provisions. - (a) the applicants agree that the new overlap provisions apply; and - (b) the applicants jointly give written notice to the chief executive of the agreement. - (a) if the new overlap provisions apply under subsection (3)(b) to the circumstances of the applications—the ML (coal) holder complies with section 121(2) if the ML (coal) holder gives the advance notice to the PL holder within 10 business days after the commencement of chapter 7; or - (b) if the new overlap provisions apply under subsection (4) to the circumstances of the applications—the ML (coal) holder complies with section 121(2) if the ML (coal) holder gives the advance notice to the PL holder within 10 business days after the notice is given to the chief executive under subsection (4)(b). - (a) if the ML (coal) application is the first application to be granted after the 6 years have ended—at least 3 months after the grant of the ML (coal), unless the ML (coal) holder and the petroleum resource authority holder otherwise agree; or - (b) if the PL application is the first application to be granted after the 6 years have ended—at least 5 years after the 6 years have ended, unless the PL holder and the coal resource authority holder otherwise agree. - (a) made under the pre-amended P&G Act, section 234(1) to (4) before 27 September 2016; and - (b) approved by the Minister under the pre-amended P&G Act, section 236(1) before 27 September 2016, whether or not the approval has taken effect under the P&G Act.