sec.318CSDispute resolution by Land Court

### sec.318CS Dispute resolution by Land Court This section applies if— an adjacent lease holder, or the proposed adjacent lease holder, has not consented in writing to the carrying out of a relevant activity under section 318CR ; and the mining lease holder and the adjacent lease holder or proposed adjacent lease holder (the parties ) have not made a coordination arrangement mentioned in section 318CQ . Either party may apply to the Land Court for it to decide— the amount or proportion of any of the following that, when mined or produced, is owned by each party— coal seam gas mentioned in section 318CR (1) ; petroleum; and how the parties are to bear the costs of the mining or production; and how the mining or production is to be coordinated or monitored; and fixing a distance from the boundary between the mining lease and the adjacent lease for mining coal seam gas from the reservoir remediation requirements, as prescribed under a regulation, in relation to the matters mentioned in section 318CR (3) , definition relevant activity , paragraph (b) . If the adjacent lease was granted after the mining lease was granted, the decision may apply from the grant of the adjacent lease. In making the decision, the Land Court— must attempt to optimise mining under the mining lease and mining or production under the adjacent lease in a way that maximises the benefit for all Queenslanders; and may make the decision without having regard to the issue of who would, under another Act or law, have otherwise owned the petroleum. In considering the benefit to all Queenslanders, the Land Court must have regard to the public interest. s 318CS ins 2004 No. 25 s 1020 (amd 2004 No. 26 s 260 (15) – (17) ) amd 2007 No. 39 s 41 sch ; 2012 No. 20 s 125 sch 1 (sec.318CS-ssec.1) This section applies if— an adjacent lease holder, or the proposed adjacent lease holder, has not consented in writing to the carrying out of a relevant activity under section 318CR ; and the mining lease holder and the adjacent lease holder or proposed adjacent lease holder (the parties ) have not made a coordination arrangement mentioned in section 318CQ . (sec.318CS-ssec.2) Either party may apply to the Land Court for it to decide— the amount or proportion of any of the following that, when mined or produced, is owned by each party— coal seam gas mentioned in section 318CR (1) ; petroleum; and how the parties are to bear the costs of the mining or production; and how the mining or production is to be coordinated or monitored; and fixing a distance from the boundary between the mining lease and the adjacent lease for mining coal seam gas from the reservoir remediation requirements, as prescribed under a regulation, in relation to the matters mentioned in section 318CR (3) , definition relevant activity , paragraph (b) . (sec.318CS-ssec.3) If the adjacent lease was granted after the mining lease was granted, the decision may apply from the grant of the adjacent lease. (sec.318CS-ssec.4) In making the decision, the Land Court— must attempt to optimise mining under the mining lease and mining or production under the adjacent lease in a way that maximises the benefit for all Queenslanders; and may make the decision without having regard to the issue of who would, under another Act or law, have otherwise owned the petroleum. (sec.318CS-ssec.5) In considering the benefit to all Queenslanders, the Land Court must have regard to the public interest. - (a) an adjacent lease holder, or the proposed adjacent lease holder, has not consented in writing to the carrying out of a relevant activity under section 318CR ; and - (b) the mining lease holder and the adjacent lease holder or proposed adjacent lease holder (the parties ) have not made a coordination arrangement mentioned in section 318CQ . - (a) the amount or proportion of any of the following that, when mined or produced, is owned by each party— (i) coal seam gas mentioned in section 318CR (1) ; (ii) petroleum; and - (i) coal seam gas mentioned in section 318CR (1) ; - (ii) petroleum; and - (b) how the parties are to bear the costs of the mining or production; and - (c) how the mining or production is to be coordinated or monitored; and Example for paragraph (c) — fixing a distance from the boundary between the mining lease and the adjacent lease for mining coal seam gas from the reservoir - (d) remediation requirements, as prescribed under a regulation, in relation to the matters mentioned in section 318CR (3) , definition relevant activity , paragraph (b) . - (i) coal seam gas mentioned in section 318CR (1) ; - (ii) petroleum; and - (a) must attempt to optimise mining under the mining lease and mining or production under the adjacent lease in a way that maximises the benefit for all Queenslanders; and - (b) may make the decision without having regard to the issue of who would, under another Act or law, have otherwise owned the petroleum.