sec.318CRRestriction on carrying out particular authorised activities

### sec.318CR Restriction on carrying out particular authorised activities The mining lease holder must not carry out a relevant activity for an adjacent lease or proposed adjacent lease unless— the adjacent lease holder, or the proposed adjacent lease holder, has consented in writing to the carrying out of the activity; or the activity is carried out under— a coordination arrangement mentioned in section 318CQ ; or a decision of the Land Court under section 318CS . However, if the adjacent lease was granted after the mining lease was granted and, when the adjacent lease was granted, the mining lease holder was carrying out the relevant activity, subsection (1) does not apply to the mining lease holder until the later of the following— 6 months after granting of the adjacent lease; if within the 6 months the mining lease holder applies to the Land Court under section 318CS —when the Land Court decides the application. In this section— relevant activity , for an adjacent lease or proposed adjacent lease, means— the mining, under the mining lease, of coal seam gas that comes, or is likely to come, from the part of the reservoir that is in the area of an adjacent lease or the proposed adjacent lease; or another authorised activity under the mining lease that physically adversely affects, or may physically adversely affect, the carrying out of authorised activities under an adjacent lease or the proposed adjacent lease. s 318CR ins 2004 No. 25 s 1020 (amd 2004 No. 26 s 260 (12) – (14) ) amd 2007 No. 39 s 41 sch (sec.318CR-ssec.1) The mining lease holder must not carry out a relevant activity for an adjacent lease or proposed adjacent lease unless— the adjacent lease holder, or the proposed adjacent lease holder, has consented in writing to the carrying out of the activity; or the activity is carried out under— a coordination arrangement mentioned in section 318CQ ; or a decision of the Land Court under section 318CS . (sec.318CR-ssec.2) However, if the adjacent lease was granted after the mining lease was granted and, when the adjacent lease was granted, the mining lease holder was carrying out the relevant activity, subsection (1) does not apply to the mining lease holder until the later of the following— 6 months after granting of the adjacent lease; if within the 6 months the mining lease holder applies to the Land Court under section 318CS —when the Land Court decides the application. (sec.318CR-ssec.3) In this section— relevant activity , for an adjacent lease or proposed adjacent lease, means— the mining, under the mining lease, of coal seam gas that comes, or is likely to come, from the part of the reservoir that is in the area of an adjacent lease or the proposed adjacent lease; or another authorised activity under the mining lease that physically adversely affects, or may physically adversely affect, the carrying out of authorised activities under an adjacent lease or the proposed adjacent lease. - (a) the adjacent lease holder, or the proposed adjacent lease holder, has consented in writing to the carrying out of the activity; or - (b) the activity is carried out under— (i) a coordination arrangement mentioned in section 318CQ ; or (ii) a decision of the Land Court under section 318CS . - (i) a coordination arrangement mentioned in section 318CQ ; or - (ii) a decision of the Land Court under section 318CS . - (i) a coordination arrangement mentioned in section 318CQ ; or - (ii) a decision of the Land Court under section 318CS . - (a) 6 months after granting of the adjacent lease; - (b) if within the 6 months the mining lease holder applies to the Land Court under section 318CS —when the Land Court decides the application. - (a) the mining, under the mining lease, of coal seam gas that comes, or is likely to come, from the part of the reservoir that is in the area of an adjacent lease or the proposed adjacent lease; or - (b) another authorised activity under the mining lease that physically adversely affects, or may physically adversely affect, the carrying out of authorised activities under an adjacent lease or the proposed adjacent lease.