sec.318CORestriction on flaring or venting of incidental coal seam gas

### sec.318CO Restriction on flaring or venting of incidental coal seam gas It is a condition of the mining lease that the mining lease holder must not flare or vent incidental coal seam gas mined under section 318CM (1) in the area of the mining lease unless the flaring or venting is authorised under this section. Flaring the incidental coal seam gas is authorised if it is not commercially or technically feasible to use it— for a coal mining lease—under section 318CN (2) ; or for an oil shale mining lease—under section 318CNA (2) . Venting the incidental coal seam gas is authorised if— it is not safe to use the gas for a purpose mentioned in subsection (2) or to flare it; or flaring it is not technically practicable; or for incidental coal seam gas that is vented as or with mine ventilation air—it is not commercially practicable to use the air. Venting the incidental coal seam gas is also authorised if— it is being used, or is proposed to be used, under a greenhouse abatement scheme; and if subsection (1) were to apply, the direct or indirect benefit the mining lease holder would otherwise obtain because of the use of the gas under the scheme would be reduced. Subsection (6) applies, despite subsections (2) to (4) , if— an oil shale mining lease is over land in an area of a petroleum lease (the overlapping land ); and incidental coal seam gas is, under section 318CM (1) , mined from the overlapping land. Flaring or venting is authorised only if— the mining lease holder has given the petroleum lease holder written notice that the gas is available to the petroleum lease holder; and the petroleum lease holder has either not responded or has refused to accept the gas within 20 business days after receiving the notice. In this section— greenhouse abatement scheme means a scheme about the abatement of greenhouse gases prescribed by regulation. s 318CO ins 2004 No. 25 s 1020 (amd 2004 No. 26 s 260 (10) ) amd 2008 No. 56 s 70 ; 2012 No. 20 s 125 sch 1 ; 2014 No. 47 s 407 (sec.318CO-ssec.1) It is a condition of the mining lease that the mining lease holder must not flare or vent incidental coal seam gas mined under section 318CM (1) in the area of the mining lease unless the flaring or venting is authorised under this section. (sec.318CO-ssec.2) Flaring the incidental coal seam gas is authorised if it is not commercially or technically feasible to use it— for a coal mining lease—under section 318CN (2) ; or for an oil shale mining lease—under section 318CNA (2) . (sec.318CO-ssec.3) Venting the incidental coal seam gas is authorised if— it is not safe to use the gas for a purpose mentioned in subsection (2) or to flare it; or flaring it is not technically practicable; or for incidental coal seam gas that is vented as or with mine ventilation air—it is not commercially practicable to use the air. (sec.318CO-ssec.4) Venting the incidental coal seam gas is also authorised if— it is being used, or is proposed to be used, under a greenhouse abatement scheme; and if subsection (1) were to apply, the direct or indirect benefit the mining lease holder would otherwise obtain because of the use of the gas under the scheme would be reduced. (sec.318CO-ssec.5) Subsection (6) applies, despite subsections (2) to (4) , if— an oil shale mining lease is over land in an area of a petroleum lease (the overlapping land ); and incidental coal seam gas is, under section 318CM (1) , mined from the overlapping land. (sec.318CO-ssec.6) Flaring or venting is authorised only if— the mining lease holder has given the petroleum lease holder written notice that the gas is available to the petroleum lease holder; and the petroleum lease holder has either not responded or has refused to accept the gas within 20 business days after receiving the notice. (sec.318CO-ssec.7) In this section— greenhouse abatement scheme means a scheme about the abatement of greenhouse gases prescribed by regulation. - (a) for a coal mining lease—under section 318CN (2) ; or - (b) for an oil shale mining lease—under section 318CNA (2) . - (a) it is not safe to use the gas for a purpose mentioned in subsection (2) or to flare it; or - (b) flaring it is not technically practicable; or - (c) for incidental coal seam gas that is vented as or with mine ventilation air—it is not commercially practicable to use the air. - (a) it is being used, or is proposed to be used, under a greenhouse abatement scheme; and - (b) if subsection (1) were to apply, the direct or indirect benefit the mining lease holder would otherwise obtain because of the use of the gas under the scheme would be reduced. - (a) an oil shale mining lease is over land in an area of a petroleum lease (the overlapping land ); and - (b) incidental coal seam gas is, under section 318CM (1) , mined from the overlapping land. - (a) the mining lease holder has given the petroleum lease holder written notice that the gas is available to the petroleum lease holder; and - (b) the petroleum lease holder has either not responded or has refused to accept the gas within 20 business days after receiving the notice.