sec.3ARelationship with petroleum legislation

### sec.3A Relationship with petroleum legislation This section does not apply to a coal or oil shale mining tenement. For the relationship between this Act and the Petroleum and Gas (Production and Safety) Act — in relation to coal or oil shale mining tenements, see chapter 8 ; or otherwise, see the Petroleum and Gas (Production and Safety) Act , section 6 (Relationship with Mineral Resources Act). See also section 386W for the relationship between carrying out activities under section 386V and authorised activities for petroleum authorities or 1923 Act petroleum tenures. Subject to subsections (3) to (9) , the Petroleum Act 1923 and the Petroleum and Gas (Production and Safety) Act do not limit or otherwise affect— the power under this Act to grant or renew a mining tenement over land (the overlapping land ) in the area of a petroleum authority; or a mining tenement already granted over land (also the overlapping land ) in the area of an existing petroleum authority. If the petroleum authority is a petroleum lease or petroleum facility licence and the mining tenement is an exploration permit, mineral development licence, or mining lease, an authorised activity for the mining tenement may be carried out on the overlapping land only if— the petroleum lease or petroleum facility licence holder has agreed in writing to the carrying out of the activity; and a copy of the agreement has been lodged; and For other relevant provisions about lodging documents, see section 386O . the agreement is still in force. If the petroleum authority is a petroleum lease and the mining tenement is a prospecting permit or mining claim, an authorised activity for the mining tenement may be carried out on the overlapping land only if carrying out the activity does not adversely affect the carrying out of an authorised activity for the petroleum lease. Subsection (4) applies whether or not the authorised activity for the petroleum lease has already started. If the petroleum authority is an authority to prospect or pipeline licence and the mining tenement is not a mining lease, an authorised activity for the mining tenement may be carried out on the overlapping land only if— the authority to prospect or pipeline licence holder has agreed in writing to the carrying out of the activity, a copy of the agreement has been lodged and the agreement is still in force; or carrying out the activity does not adversely affect the carrying out of an authorised activity for the authority to prospect that has already started. If the petroleum authority is an authority to prospect and the mining tenement is a mining lease, an authorised activity for the authority to prospect may be carried out on the overlapping land only if— the mining lease holder has agreed in writing to the carrying out of the activity; and a copy of the agreement has been lodged; and the agreement is still in force. Subsection (7) does not apply, or ceases to apply, if the same person holds the authority and the mining lease. This section applies despite any other provision of this Act. s 3A ins 2004 No. 25 s 1010 (amd 2004 No. 26 s 259 ) amd 2012 No. 20 s 125 sch 1 , s 281 sch 2 , s 323 sch 3 ; 2014 No. 47 s 408A (amd 2016 No. 30 s 83 ) (sec.3A-ssec.1) This section does not apply to a coal or oil shale mining tenement. For the relationship between this Act and the Petroleum and Gas (Production and Safety) Act — in relation to coal or oil shale mining tenements, see chapter 8 ; or otherwise, see the Petroleum and Gas (Production and Safety) Act , section 6 (Relationship with Mineral Resources Act). See also section 386W for the relationship between carrying out activities under section 386V and authorised activities for petroleum authorities or 1923 Act petroleum tenures. (sec.3A-ssec.2) Subject to subsections (3) to (9) , the Petroleum Act 1923 and the Petroleum and Gas (Production and Safety) Act do not limit or otherwise affect— the power under this Act to grant or renew a mining tenement over land (the overlapping land ) in the area of a petroleum authority; or a mining tenement already granted over land (also the overlapping land ) in the area of an existing petroleum authority. (sec.3A-ssec.3) If the petroleum authority is a petroleum lease or petroleum facility licence and the mining tenement is an exploration permit, mineral development licence, or mining lease, an authorised activity for the mining tenement may be carried out on the overlapping land only if— the petroleum lease or petroleum facility licence holder has agreed in writing to the carrying out of the activity; and a copy of the agreement has been lodged; and For other relevant provisions about lodging documents, see section 386O . the agreement is still in force. (sec.3A-ssec.4) If the petroleum authority is a petroleum lease and the mining tenement is a prospecting permit or mining claim, an authorised activity for the mining tenement may be carried out on the overlapping land only if carrying out the activity does not adversely affect the carrying out of an authorised activity for the petroleum lease. (sec.3A-ssec.5) Subsection (4) applies whether or not the authorised activity for the petroleum lease has already started. (sec.3A-ssec.6) If the petroleum authority is an authority to prospect or pipeline licence and the mining tenement is not a mining lease, an authorised activity for the mining tenement may be carried out on the overlapping land only if— the authority to prospect or pipeline licence holder has agreed in writing to the carrying out of the activity, a copy of the agreement has been lodged and the agreement is still in force; or carrying out the activity does not adversely affect the carrying out of an authorised activity for the authority to prospect that has already started. (sec.3A-ssec.7) If the petroleum authority is an authority to prospect and the mining tenement is a mining lease, an authorised activity for the authority to prospect may be carried out on the overlapping land only if— the mining lease holder has agreed in writing to the carrying out of the activity; and a copy of the agreement has been lodged; and the agreement is still in force. (sec.3A-ssec.8) Subsection (7) does not apply, or ceases to apply, if the same person holds the authority and the mining lease. (sec.3A-ssec.9) This section applies despite any other provision of this Act. - 1 For the relationship between this Act and the Petroleum and Gas (Production and Safety) Act — (a) in relation to coal or oil shale mining tenements, see chapter 8 ; or (b) otherwise, see the Petroleum and Gas (Production and Safety) Act , section 6 (Relationship with Mineral Resources Act). - (a) in relation to coal or oil shale mining tenements, see chapter 8 ; or - (b) otherwise, see the Petroleum and Gas (Production and Safety) Act , section 6 (Relationship with Mineral Resources Act). - 2 See also section 386W for the relationship between carrying out activities under section 386V and authorised activities for petroleum authorities or 1923 Act petroleum tenures. - (a) in relation to coal or oil shale mining tenements, see chapter 8 ; or - (b) otherwise, see the Petroleum and Gas (Production and Safety) Act , section 6 (Relationship with Mineral Resources Act). - (a) the power under this Act to grant or renew a mining tenement over land (the overlapping land ) in the area of a petroleum authority; or - (b) a mining tenement already granted over land (also the overlapping land ) in the area of an existing petroleum authority. - (a) the petroleum lease or petroleum facility licence holder has agreed in writing to the carrying out of the activity; and - (b) a copy of the agreement has been lodged; and Note— For other relevant provisions about lodging documents, see section 386O . - (c) the agreement is still in force. - (a) the authority to prospect or pipeline licence holder has agreed in writing to the carrying out of the activity, a copy of the agreement has been lodged and the agreement is still in force; or - (b) carrying out the activity does not adversely affect the carrying out of an authorised activity for the authority to prospect that has already started. - (a) the mining lease holder has agreed in writing to the carrying out of the activity; and - (b) a copy of the agreement has been lodged; and - (c) the agreement is still in force.