sec.318ELBPResolving disputes

sec.318ELBP Resolving disputes

This section applies if, under section 318ELBN , a geothermal lease or GHG lease holder has objected to the carrying out of an authorised activity by a prospecting permit holder. This section also applies if— section 318ELBO applies to a mining tenement holder and a geothermal tenure or GHG authority holder; and there is a dispute between the holders about whether an authorised activity for the mining tenement can be carried out under that section. Either of the parties may, by a notice in the approved form, ask the Minister to decide— for section 318ELBN —whether the authorised activity may be carried out under that section; or for section 318ELBO —whether the authorised activity may be carried out under that section. Before making the decision, the Minister must give the parties a reasonable opportunity to make submissions about the request within a reasonable period. The Minister must, after complying with subsection (4) and considering any submission made under that subsection, decide the matter and give the parties notice of the decision. The Minister’s decision binds the parties. If the request is about a matter mentioned in subsection (1) , the Minister may impose conditions on any decision that the authorised activity may be carried out. In this section— parties means— for a request about a matter mentioned in subsection (1) —the prospecting permit holder and the geothermal lease or GHG lease holder; or for a request about a matter mentioned in subsection (2) —the mining tenement holder and the geothermal tenure or GHG authority holder. s 318ELBP ins 2009 No. 3 s 511 sub 2010 No. 31 s 525 amd 2014 No. 47 s 458A (amd 2016 No. 30 s 100 ) (sec.318ELBP-ssec.1) This section applies if, under section 318ELBN , a geothermal lease or GHG lease holder has objected to the carrying out of an authorised activity by a prospecting permit holder. (sec.318ELBP-ssec.2) This section also applies if— section 318ELBO applies to a mining tenement holder and a geothermal tenure or GHG authority holder; and there is a dispute between the holders about whether an authorised activity for the mining tenement can be carried out under that section. (sec.318ELBP-ssec.3) Either of the parties may, by a notice in the approved form, ask the Minister to decide— for section 318ELBN —whether the authorised activity may be carried out under that section; or for section 318ELBO —whether the authorised activity may be carried out under that section. (sec.318ELBP-ssec.4) Before making the decision, the Minister must give the parties a reasonable opportunity to make submissions about the request within a reasonable period. (sec.318ELBP-ssec.5) The Minister must, after complying with subsection (4) and considering any submission made under that subsection, decide the matter and give the parties notice of the decision. (sec.318ELBP-ssec.6) The Minister’s decision binds the parties. (sec.318ELBP-ssec.7) If the request is about a matter mentioned in subsection (1) , the Minister may impose conditions on any decision that the authorised activity may be carried out. (sec.318ELBP-ssec.8) In this section— parties means— for a request about a matter mentioned in subsection (1) —the prospecting permit holder and the geothermal lease or GHG lease holder; or for a request about a matter mentioned in subsection (2) —the mining tenement holder and the geothermal tenure or GHG authority holder.