sec.318BDRestrictions on giving preference

### sec.318BD Restrictions on giving preference Petroleum development preference, in whole or part, must not be given unless this section has been complied with. Petroleum development preference may be given only if the Minister is satisfied of each of the following— on the basis of the submissions and the results of consultation lodged under sections 318AT and 318AX , it is either not commercially or technically feasible or it is unlikely that the applicant and the authority holder are able to make a future 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 for the land; that, having regard to the public interest, the public interest in the following would be best served by not granting a mining lease to the mining lease applicant first— coal or oil shale mining and any incidental coal seam gas mining; petroleum production; if the petroleum is a brownfield petroleum resource— it is critical to the continuance of existing petroleum production or processing or the efficient use of infrastructure related to the production or processing; and the applicant’s proposed development plan is incompatible with the future development of the resource; if the petroleum is a greenfield petroleum resource— it is commercially viable; and petroleum production will, if a petroleum lease is granted to the authority to prospect holder, start within 2 years after the grant of the lease. In this section— brownfield petroleum resource means petroleum associated with, or adjacent to, existing petroleum production or a processing operation under the Petroleum and Gas (Production and Safety) Act . greenfield petroleum resource means petroleum not associated with, or adjacent to, existing petroleum production or a processing operation under the Petroleum and Gas (Production and Safety) Act . s 318BD ins 2004 No. 25 s 1020 (amd 2004 No. 26 s 260 (6) ) (sec.318BD-ssec.1) Petroleum development preference, in whole or part, must not be given unless this section has been complied with. (sec.318BD-ssec.2) Petroleum development preference may be given only if the Minister is satisfied of each of the following— on the basis of the submissions and the results of consultation lodged under sections 318AT and 318AX , it is either not commercially or technically feasible or it is unlikely that the applicant and the authority holder are able to make a future 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 for the land; that, having regard to the public interest, the public interest in the following would be best served by not granting a mining lease to the mining lease applicant first— coal or oil shale mining and any incidental coal seam gas mining; petroleum production; if the petroleum is a brownfield petroleum resource— it is critical to the continuance of existing petroleum production or processing or the efficient use of infrastructure related to the production or processing; and the applicant’s proposed development plan is incompatible with the future development of the resource; if the petroleum is a greenfield petroleum resource— it is commercially viable; and petroleum production will, if a petroleum lease is granted to the authority to prospect holder, start within 2 years after the grant of the lease. (sec.318BD-ssec.3) In this section— brownfield petroleum resource means petroleum associated with, or adjacent to, existing petroleum production or a processing operation under the Petroleum and Gas (Production and Safety) Act . greenfield petroleum resource means petroleum not associated with, or adjacent to, existing petroleum production or a processing operation under the Petroleum and Gas (Production and Safety) Act . - (a) on the basis of the submissions and the results of consultation lodged under sections 318AT and 318AX , it is either not commercially or technically feasible or it is unlikely that the applicant and the authority holder are able to make a future coordination arrangement about— (i) coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and (ii) petroleum production under any future petroleum lease for the land; - (i) coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and - (ii) petroleum production under any future petroleum lease for the land; - (b) that, having regard to the public interest, the public interest in the following would be best served by not granting a mining lease to the mining lease applicant first— (i) coal or oil shale mining and any incidental coal seam gas mining; (ii) petroleum production; - (i) coal or oil shale mining and any incidental coal seam gas mining; - (ii) petroleum production; - (c) if the petroleum is a brownfield petroleum resource— (i) it is critical to the continuance of existing petroleum production or processing or the efficient use of infrastructure related to the production or processing; and (ii) the applicant’s proposed development plan is incompatible with the future development of the resource; - (i) it is critical to the continuance of existing petroleum production or processing or the efficient use of infrastructure related to the production or processing; and - (ii) the applicant’s proposed development plan is incompatible with the future development of the resource; - (d) if the petroleum is a greenfield petroleum resource— (i) it is commercially viable; and (ii) petroleum production will, if a petroleum lease is granted to the authority to prospect holder, start within 2 years after the grant of the lease. - (i) it is commercially viable; and - (ii) petroleum production will, if a petroleum lease is granted to the authority to prospect holder, start within 2 years after the grant of the lease. - (i) coal or oil shale mining and any incidental coal seam gas mining under the proposed mining lease; and - (ii) petroleum production under any future petroleum lease for the land; - (i) coal or oil shale mining and any incidental coal seam gas mining; - (ii) petroleum production; - (i) it is critical to the continuance of existing petroleum production or processing or the efficient use of infrastructure related to the production or processing; and - (ii) the applicant’s proposed development plan is incompatible with the future development of the resource; - (i) it is commercially viable; and - (ii) petroleum production will, if a petroleum lease is granted to the authority to prospect holder, start within 2 years after the grant of the lease.