Mineral and Energy Resources (Financial Provisioning) Act 2018
sec.98Annual review allocation day for particular existing authorities
Start here
Get a plain-English read of sec.98
Turn the raw legal text into a practical explanation grounded in Mineral and Energy Resources (Financial Provisioning) Act 2018.
sec.98 Annual review allocation day for particular existing authorities
This section applies in relation to an authority if— immediately before the commencement— the authority is allocated to a risk category; and the annual review process for the authority had not started; and on the commencement, the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount. The scheme manager must, within 30 business days after the commencement— decide the annual review allocation day for the authority; and give the holder notice of the decision. The annual review allocation day takes effect on the relevant anniversary day 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. 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 (4), 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 98 ins 2024 No. 33 s 129 (sec.98-ssec.1) This section applies in relation to an authority if— immediately before the commencement— the authority is allocated to a risk category; and the annual review process for the authority had not started; and on the commencement, the estimated rehabilitation cost for the authority is equal to or more than the prescribed ERC amount. (sec.98-ssec.2) The scheme manager must, within 30 business days after the commencement— decide the annual review allocation day for the authority; and give the holder notice of the decision. (sec.98-ssec.3) The annual review allocation day takes effect on the relevant anniversary day for the authority. (sec.98-ssec.4) 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.98-ssec.5) 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.98-ssec.6) To the extent new part 3, division 2, subdivision 1 applies in relation to an annual review decision made because of subsection (4), 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) immediately before the commencement— (i) the authority is allocated to a risk category; and (ii) the annual review process for the authority had not started; and
- (i) the authority is allocated to a risk category; and