78Inclusion of petroleum in mining lease

#### 78 Inclusion of petroleum in mining lease 78 Inclusion of petroleum in mining lease > > (1) The holder of a mining lease for coal may apply for the inclusion in the lease of petroleum. > > > (2) The application must be lodged with the Secretary. > > > (3) After considering the application, the Minister— > > > > > (a) may, by order in writing served on the applicant, direct that the mining lease apply to petroleum, or > > > > > (b) may refuse the application. > > > (4) Without limiting the generality of subsection (3), the Minister must refuse an application if the land to which the application relates— > > > > > (a) is within the New South Wales adjacent area, within the meaning of the [Petroleum (Offshore) Act 1982](/view/html/inforce/current/act-1982-023), or > > > > > (b) is subject to a petroleum exploration licence or a petroleum mining lease granted under the [Petroleum (Onshore) Act 1991](/view/html/inforce/current/act-1991-084). > > > (5) A direction may be given unconditionally or subject to such conditions as are specified in the direction. > > > (6) Without limiting the generality of subsection (5), the Minister may direct that a mining lease is to apply to petroleum subject to a condition relating to any one or more of the following matters— > > > > > (a) the limitation of the right to prospect or drill for petroleum to part only of the mining area, > > > > > (b) the limitation of that right to prospecting or drilling for some specified type or form of petroleum only, > > > > > (c) the working practices and methods of extraction to be used when prospecting or drilling for petroleum, > > > > > (d) the use to which any petroleum recovered may be put, > > > > > (e) the joint mining and development of petroleum with the holder of a mining lease, or with the holder of a petroleum mining lease under the [Petroleum (Onshore) Act 1991](/view/html/inforce/current/act-1991-084), over land adjoining the mining area. > > **s 78:** Am 1996 No 137, Sch 1 \[109\]; 2007 No 27, Sch 1.27 \[1\].