For section 162 (2) of the Act , lost production must be calculated in the following way and consistent with the following principles—
the volume of lost production is based on the PL holder’s production forecast for the period—
starting on the earlier date, for the IMA or RMA, stated in an acceleration notice given to the PL holder under section 128 (2) of the Act ; and
ending on—
the mining commencement date, for the IMA or RMA, as mentioned in section 128 (1) of the Act ; or
if the mining commencement date, for the IMA or RMA, is changed under section 127 of the Act —the new changed date, for the IMA or RMA, as mentioned in section 115 (1) (c) of the Act ;
if the PL holder has not started producing coal seam gas in an IMA or RMA before the date on which the PL holder is given an acceleration notice under section 128 (2) of the Act , and because of the earlier date, for the IMA or RMA, stated in the acceleration notice, the PL holder considers it is uneconomical to start producing coal seam gas, the volume of lost production is based on the PL holder’s production forecast for the period—
starting on the date the PL holder is given the acceleration notice; and
ending on—
the mining commencement date, for the IMA or RMA, as mentioned in section 128 (1) of the Act ; or
if the mining commencement date, for the IMA or RMA, is changed under section 127 of the Act —the new changed date, for the IMA or RMA, as mentioned in section 115 (1) (c) of the Act ; and
the volume of lost production is based on the PL holder’s production forecast for P50 petroleum reserves for wells located in an IMA or RMA for the overlapping area;
the volume of lost production is based on the PL holder’s demonstrated intention and capacity to produce the coal seam gas;
the value and volume of lost production is supported by documentary evidence;
if required by the ML (coal) holder—the volume of lost production is independently certified by an appropriately qualified person;
the value of lost production is based on the price of coal seam gas on the date the PL holder intended to produce the coal seam gas comprising the lost production;
the value of lost production excludes the PL holder’s avoided costs.
(a) the volume of lost production is based on the PL holder’s production forecast for the period— (i) starting on the earlier date, for the IMA or RMA, stated in an acceleration notice given to the PL holder under section 128 (2) of the Act ; and (ii) ending on— (A) the mining commencement date, for the IMA or RMA, as mentioned in section 128 (1) of the Act ; or (B) if the mining commencement date, for the IMA or RMA, is changed under section 127 of the Act —the new changed date, for the IMA or RMA, as mentioned in section 115 (1) (c) of the Act ;
(i) starting on the earlier date, for the IMA or RMA, stated in an acceleration notice given to the PL holder under section 128 (2) of the Act ; and
Section sec.45 - Mineral and Energy Resources (Common Provisions) Regulation 2016 - Lost production— Act , s 162 | Zoe
(ii) ending on— (A) the mining commencement date, for the IMA or RMA, as mentioned in section 128 (1) of the Act ; or (B) if the mining commencement date, for the IMA or RMA, is changed under section 127 of the Act —the new changed date, for the IMA or RMA, as mentioned in section 115 (1) (c) of the Act ;
(A) the mining commencement date, for the IMA or RMA, as mentioned in section 128 (1) of the Act ; or
(B) if the mining commencement date, for the IMA or RMA, is changed under section 127 of the Act —the new changed date, for the IMA or RMA, as mentioned in section 115 (1) (c) of the Act ;
(b) if the PL holder has not started producing coal seam gas in an IMA or RMA before the date on which the PL holder is given an acceleration notice under section 128 (2) of the Act , and because of the earlier date, for the IMA or RMA, stated in the acceleration notice, the PL holder considers it is uneconomical to start producing coal seam gas, the volume of lost production is based on the PL holder’s production forecast for the period— (i) starting on the date the PL holder is given the acceleration notice; and (ii) ending on— (A) the mining commencement date, for the IMA or RMA, as mentioned in section 128 (1) of the Act ; or (B) if the mining commencement date, for the IMA or RMA, is changed under section 127 of the Act —the new changed date, for the IMA or RMA, as mentioned in section 115 (1) (c) of the Act ; and
(i) starting on the date the PL holder is given the acceleration notice; and
(ii) ending on— (A) the mining commencement date, for the IMA or RMA, as mentioned in section 128 (1) of the Act ; or (B) if the mining commencement date, for the IMA or RMA, is changed under section 127 of the Act —the new changed date, for the IMA or RMA, as mentioned in section 115 (1) (c) of the Act ; and
(A) the mining commencement date, for the IMA or RMA, as mentioned in section 128 (1) of the Act ; or
(B) if the mining commencement date, for the IMA or RMA, is changed under section 127 of the Act —the new changed date, for the IMA or RMA, as mentioned in section 115 (1) (c) of the Act ; and
(c) the volume of lost production is based on the PL holder’s production forecast for P50 petroleum reserves for wells located in an IMA or RMA for the overlapping area;
(d) the volume of lost production is based on the PL holder’s demonstrated intention and capacity to produce the coal seam gas;
(e) the value and volume of lost production is supported by documentary evidence;
(f) if required by the ML (coal) holder—the volume of lost production is independently certified by an appropriately qualified person;
(g) the value of lost production is based on the price of coal seam gas on the date the PL holder intended to produce the coal seam gas comprising the lost production;
(h) the value of lost production excludes the PL holder’s avoided costs.
(i) starting on the earlier date, for the IMA or RMA, stated in an acceleration notice given to the PL holder under section 128 (2) of the Act ; and
(ii) ending on— (A) the mining commencement date, for the IMA or RMA, as mentioned in section 128 (1) of the Act ; or (B) if the mining commencement date, for the IMA or RMA, is changed under section 127 of the Act —the new changed date, for the IMA or RMA, as mentioned in section 115 (1) (c) of the Act ;
(A) the mining commencement date, for the IMA or RMA, as mentioned in section 128 (1) of the Act ; or
(B) if the mining commencement date, for the IMA or RMA, is changed under section 127 of the Act —the new changed date, for the IMA or RMA, as mentioned in section 115 (1) (c) of the Act ;
(A) the mining commencement date, for the IMA or RMA, as mentioned in section 128 (1) of the Act ; or
(B) if the mining commencement date, for the IMA or RMA, is changed under section 127 of the Act —the new changed date, for the IMA or RMA, as mentioned in section 115 (1) (c) of the Act ;
(i) starting on the date the PL holder is given the acceleration notice; and
(ii) ending on— (A) the mining commencement date, for the IMA or RMA, as mentioned in section 128 (1) of the Act ; or (B) if the mining commencement date, for the IMA or RMA, is changed under section 127 of the Act —the new changed date, for the IMA or RMA, as mentioned in section 115 (1) (c) of the Act ; and
(A) the mining commencement date, for the IMA or RMA, as mentioned in section 128 (1) of the Act ; or
(B) if the mining commencement date, for the IMA or RMA, is changed under section 127 of the Act —the new changed date, for the IMA or RMA, as mentioned in section 115 (1) (c) of the Act ; and
(A) the mining commencement date, for the IMA or RMA, as mentioned in section 128 (1) of the Act ; or
(B) if the mining commencement date, for the IMA or RMA, is changed under section 127 of the Act —the new changed date, for the IMA or RMA, as mentioned in section 115 (1) (c) of the Act ; and