sec.318ATApplicant’s obligations

### sec.318AT Applicant’s obligations The applicant must— within 10 business days after making the application, give the authority to prospect holder a copy of the application, other than the part of the application consisting of the statement mentioned in section 245 (1) (o) ; and use reasonable attempts to— consult with the authority to prospect holder about the applicant’s proposed development plan; and make an appropriate arrangement with the authority to prospect holder about testing for petroleum production carried out, or proposed to be carried out, by the authority to prospect holder (a testing arrangement ); and production testing For confidentiality obligations of tenure holders or persons who have applied for a tenure, see part 10 . change the proposed development plan to give effect to any reasonable proposal by the authority to prospect holder that will optimise petroleum production under any future petroleum lease over the land; and within 4 months after making the application, lodge a written notice stating each of the following— the details of the consultation; the results of the consultation; any comments the applicant wishes to make about any submissions lodged by the authority to prospect holder, under section 318AX ; any changes to the proposed development plan; if a testing arrangement has been made—details of the arrangement; if a testing arrangement has not been made—details of the attempts made to make a testing arrangement; the applicant’s assessment of the potential of the applicant and the authority to prospect holder to make a coordination arrangement about— coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and petroleum production under any future petroleum lease over the land. However, the obligations under subsection (1) (b) (ii) and (c) apply only to the extent the provisions or arrangement are commercially and technically feasible for the applicant. For subsection (1) (b) (ii) , it is appropriate for the testing arrangement to give the authority to prospect holder the right to carry out testing for petroleum production to help the holder make, or allow the deciding of, an application under the Petroleum and Gas (Production and Safety) Act , chapter 2 , part 1 , division 6 . See the Petroleum and Gas (Production and Safety) Act , chapter 2 , part 1 , division 6 (Potential commercial areas). However, subsection (3) does not require the applicant to agree to testing having a duration of more than 12 months. s 318AT ins 2004 No. 25 s 1020 (amd 2004 No. 26 s 69 (2) sch ) amd 2007 No. 46 s 75 ; 2012 No. 20 s 125 sch 1 , s 281 sch 2 , s 323 sch 3 ; 2014 No. 47 s 457 (amd 2016 No. 30 s 97 ) (sec.318AT-ssec.1) The applicant must— within 10 business days after making the application, give the authority to prospect holder a copy of the application, other than the part of the application consisting of the statement mentioned in section 245 (1) (o) ; and use reasonable attempts to— consult with the authority to prospect holder about the applicant’s proposed development plan; and make an appropriate arrangement with the authority to prospect holder about testing for petroleum production carried out, or proposed to be carried out, by the authority to prospect holder (a testing arrangement ); and production testing For confidentiality obligations of tenure holders or persons who have applied for a tenure, see part 10 . change the proposed development plan to give effect to any reasonable proposal by the authority to prospect holder that will optimise petroleum production under any future petroleum lease over the land; and within 4 months after making the application, lodge a written notice stating each of the following— the details of the consultation; the results of the consultation; any comments the applicant wishes to make about any submissions lodged by the authority to prospect holder, under section 318AX ; any changes to the proposed development plan; if a testing arrangement has been made—details of the arrangement; if a testing arrangement has not been made—details of the attempts made to make a testing arrangement; the applicant’s assessment of the potential of the applicant and the authority to prospect holder to make a coordination arrangement about— coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and petroleum production under any future petroleum lease over the land. (sec.318AT-ssec.2) However, the obligations under subsection (1) (b) (ii) and (c) apply only to the extent the provisions or arrangement are commercially and technically feasible for the applicant. (sec.318AT-ssec.3) For subsection (1) (b) (ii) , it is appropriate for the testing arrangement to give the authority to prospect holder the right to carry out testing for petroleum production to help the holder make, or allow the deciding of, an application under the Petroleum and Gas (Production and Safety) Act , chapter 2 , part 1 , division 6 . See the Petroleum and Gas (Production and Safety) Act , chapter 2 , part 1 , division 6 (Potential commercial areas). (sec.318AT-ssec.4) However, subsection (3) does not require the applicant to agree to testing having a duration of more than 12 months. - (a) within 10 business days after making the application, give the authority to prospect holder a copy of the application, other than the part of the application consisting of the statement mentioned in section 245 (1) (o) ; and - (b) use reasonable attempts to— (i) consult with the authority to prospect holder about the applicant’s proposed development plan; and (ii) make an appropriate arrangement with the authority to prospect holder about testing for petroleum production carried out, or proposed to be carried out, by the authority to prospect holder (a testing arrangement ); and Example of testing— production testing Note— For confidentiality obligations of tenure holders or persons who have applied for a tenure, see part 10 . - (i) consult with the authority to prospect holder about the applicant’s proposed development plan; and - (ii) make an appropriate arrangement with the authority to prospect holder about testing for petroleum production carried out, or proposed to be carried out, by the authority to prospect holder (a testing arrangement ); and Example of testing— production testing Note— For confidentiality obligations of tenure holders or persons who have applied for a tenure, see part 10 . - (c) change the proposed development plan to give effect to any reasonable proposal by the authority to prospect holder that will optimise petroleum production under any future petroleum lease over the land; and - (d) within 4 months after making the application, lodge a written notice stating each of the following— (i) the details of the consultation; (ii) the results of the consultation; (iii) any comments the applicant wishes to make about any submissions lodged by the authority to prospect holder, under section 318AX ; (iv) any changes to the proposed development plan; (v) if a testing arrangement has been made—details of the arrangement; (vi) if a testing arrangement has not been made—details of the attempts made to make a testing arrangement; (vii) the applicant’s assessment of the potential of the applicant and the authority to prospect holder to make a coordination arrangement about— (A) coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and (B) petroleum production under any future petroleum lease over the land. - (i) the details of the consultation; - (ii) the results of the consultation; - (iii) any comments the applicant wishes to make about any submissions lodged by the authority to prospect holder, under section 318AX ; - (iv) any changes to the proposed development plan; - (v) if a testing arrangement has been made—details of the arrangement; - (vi) if a testing arrangement has not been made—details of the attempts made to make a testing arrangement; - (vii) the applicant’s assessment of the potential of the applicant and the authority to prospect holder to make a coordination arrangement about— (A) coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and (B) petroleum production under any future petroleum lease over the land. - (A) coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and - (B) petroleum production under any future petroleum lease over the land. - (i) consult with the authority to prospect holder about the applicant’s proposed development plan; and - (ii) make an appropriate arrangement with the authority to prospect holder about testing for petroleum production carried out, or proposed to be carried out, by the authority to prospect holder (a testing arrangement ); and Example of testing— production testing Note— For confidentiality obligations of tenure holders or persons who have applied for a tenure, see part 10 . - (i) the details of the consultation; - (ii) the results of the consultation; - (iii) any comments the applicant wishes to make about any submissions lodged by the authority to prospect holder, under section 318AX ; - (iv) any changes to the proposed development plan; - (v) if a testing arrangement has been made—details of the arrangement; - (vi) if a testing arrangement has not been made—details of the attempts made to make a testing arrangement; - (vii) the applicant’s assessment of the potential of the applicant and the authority to prospect holder to make a coordination arrangement about— (A) coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and (B) petroleum production under any future petroleum lease over the land. - (A) coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and - (B) petroleum production under any future petroleum lease over the land. - (A) coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and - (B) petroleum production under any future petroleum lease over the land.