Mineral and Energy Resources (Financial Provisioning) Act 2018
sec.107Particular existing authorities if s 105 stops applying because estimated rehabilitation cost equal to or more than prescribed ERC amount
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sec.107 Particular existing authorities if s 105 stops applying because estimated rehabilitation cost equal to or more than prescribed ERC amount
This section applies if section 105 stops applying in relation to an authority under section 105(12). New section 26(1) does not apply in relation to the administering authority’s decision of the estimated rehabilitation cost for the authority. New part 3, division 1, subdivision 3 applies in relation to the authority as if a reference in new section 38(3) to the annual review allocation day included a reference to the relevant anniversary day for the authority. The scheme manager must— decide the annual review allocation day for the authority; and give the holder notice of the decision before or when the notice under new section 41 is given to the holder. The annual review allocation day takes effect on the relevant anniversary day for the authority. New section 38(3) does not apply to an annual review allocation day that is within 9 months after the relevant anniversary day for the authority. To the extent new part 3, division 2, subdivision 1 applies in relation to an annual review decision made because of subsection (3), a reference in new sections 47 and 49 to the current review day is taken to be a reference to the relevant anniversary day for the authority. s 107 ins 2024 No. 33 s 129 (sec.107-ssec.1) This section applies if section 105 stops applying in relation to an authority under section 105(12). (sec.107-ssec.2) New section 26(1) does not apply in relation to the administering authority’s decision of the estimated rehabilitation cost for the authority. (sec.107-ssec.3) New part 3, division 1, subdivision 3 applies in relation to the authority as if a reference in new section 38(3) to the annual review allocation day included a reference to the relevant anniversary day for the authority. (sec.107-ssec.4) The scheme manager must— decide the annual review allocation day for the authority; and give the holder notice of the decision before or when the notice under new section 41 is given to the holder. (sec.107-ssec.5) The annual review allocation day takes effect on the relevant anniversary day for the authority. (sec.107-ssec.6) New section 38(3) does not apply to an annual review allocation day that is within 9 months after the relevant anniversary day for the authority. (sec.107-ssec.7) To the extent new part 3, division 2, subdivision 1 applies in relation to an annual review decision made because of subsection (3), a reference in new sections 47 and 49 to the current review day is taken to be a reference to the relevant anniversary day for the authority.
- (a) decide the annual review allocation day for the authority; and
- (b) give the holder notice of the decision before or when the notice under new section 41 is given to the holder.