Mineral and Energy Resources (Financial Provisioning) Act 2018
sec.34Scheme manager must notify interested entity of indicative changed holder allocation
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sec.34 Scheme manager must notify interested entity of indicative changed holder allocation
The scheme manager must, before deciding the changed holder allocation in relation to an authority, give the interested entity a notice (the notice of indicative decision ) stating— the risk category to which the scheme manager intends to allocate the authority (the indicative changed holder allocation ); and the reasons for the indicative changed holder allocation; and if the authority is not allocated to a risk category—the annual review allocation day the scheme manager intends to decide for the authority (the indicative review day ); and if section 32 (8) applies—the relevant holder of the authority under section 32 (8) (c) ; and whether a contribution to the scheme fund, or a surety, is required under the indicative changed holder allocation; and that the interested entity may, within 20 business days after the notice of indicative decision is given— make submissions to the scheme manager about a matter mentioned in paragraph (a) , (b) , (c) , (d) or (e) ; or give the scheme manager notice that the interested entity accepts the indicative changed holder allocation. The scheme manager may extend the period mentioned in subsection (1) (f) by notice given to the interested entity. In this section— interested entity means— for an authority in relation to which a changed holder event has happened— for a changed holder event of a type mentioned in section 31A (1) (a) —the entity that applied to the Minister for approval of the prescribed dealing under the Mineral and Energy Resources (Common Provisions) Act , section 19 ; or for a changed holder event of a type mentioned in section 31A (1) (b) —the entity that gave notice to the chief executive of the notifiable dealing under the Mineral and Energy Resources (Common Provisions) Act , section 19B ; or for a changed holder event of a type mentioned in section 31A (1) (c) or (d) —each holder of the authority; or for an authority in relation to which a changed holder event is proposed—the applicant under section 33 for a changed holder allocation for the proposed changed holder event. s 34 amd 2020 No. 14 s 100 ; 2024 No. 33 s 104 (sec.34-ssec.1) The scheme manager must, before deciding the changed holder allocation in relation to an authority, give the interested entity a notice (the notice of indicative decision ) stating— the risk category to which the scheme manager intends to allocate the authority (the indicative changed holder allocation ); and the reasons for the indicative changed holder allocation; and if the authority is not allocated to a risk category—the annual review allocation day the scheme manager intends to decide for the authority (the indicative review day ); and if section 32 (8) applies—the relevant holder of the authority under section 32 (8) (c) ; and whether a contribution to the scheme fund, or a surety, is required under the indicative changed holder allocation; and that the interested entity may, within 20 business days after the notice of indicative decision is given— make submissions to the scheme manager about a matter mentioned in paragraph (a) , (b) , (c) , (d) or (e) ; or give the scheme manager notice that the interested entity accepts the indicative changed holder allocation. (sec.34-ssec.2) The scheme manager may extend the period mentioned in subsection (1) (f) by notice given to the interested entity. (sec.34-ssec.3) In this section— interested entity means— for an authority in relation to which a changed holder event has happened— for a changed holder event of a type mentioned in section 31A (1) (a) —the entity that applied to the Minister for approval of the prescribed dealing under the Mineral and Energy Resources (Common Provisions) Act , section 19 ; or for a changed holder event of a type mentioned in section 31A (1) (b) —the entity that gave notice to the chief executive of the notifiable dealing under the Mineral and Energy Resources (Common Provisions) Act , section 19B ; or for a changed holder event of a type mentioned in section 31A (1) (c) or (d) —each holder of the authority; or for an authority in relation to which a changed holder event is proposed—the applicant under section 33 for a changed holder allocation for the proposed changed holder event.