sec.176Application of div 3

### sec.176 Application of div 3 This division applies if, before 31 December 2004, a lease was granted and when it was granted its area included any of the following land ( overlapping land )— land in the area of an MDL that is a coal or oil shale exploration tenement; land the subject of an application (the MDL application ) under the Mineral Resources Act for an MDL made but not decided before 31 December 2004 if the MDL applied for would, if granted, be a coal or oil shale exploration tenement. However, this division does not apply, or ceases to apply, if— the same person holds the lease and the MDL; or the overlapping land ceases to be in the area of the lease or the MDL or to be subject to the MDL application; or the person who made the MDL application (the MDL applicant ) is also the lessee; or the MDL application is rejected; or the MDL holder or the MDL applicant has agreed in writing with the lessee that this division does not apply. s 176 ins 2004 No. 26 s 68 amd 2007 No. 46 s 241 sch (sec.176-ssec.1) This division applies if, before 31 December 2004, a lease was granted and when it was granted its area included any of the following land ( overlapping land )— land in the area of an MDL that is a coal or oil shale exploration tenement; land the subject of an application (the MDL application ) under the Mineral Resources Act for an MDL made but not decided before 31 December 2004 if the MDL applied for would, if granted, be a coal or oil shale exploration tenement. (sec.176-ssec.2) However, this division does not apply, or ceases to apply, if— the same person holds the lease and the MDL; or the overlapping land ceases to be in the area of the lease or the MDL or to be subject to the MDL application; or the person who made the MDL application (the MDL applicant ) is also the lessee; or the MDL application is rejected; or the MDL holder or the MDL applicant has agreed in writing with the lessee that this division does not apply. - (a) land in the area of an MDL that is a coal or oil shale exploration tenement; - (b) land the subject of an application (the MDL application ) under the Mineral Resources Act for an MDL made but not decided before 31 December 2004 if the MDL applied for would, if granted, be a coal or oil shale exploration tenement. - (a) the same person holds the lease and the MDL; or - (b) the overlapping land ceases to be in the area of the lease or the MDL or to be subject to the MDL application; or - (c) the person who made the MDL application (the MDL applicant ) is also the lessee; or - (d) the MDL application is rejected; or - (e) the MDL holder or the MDL applicant has agreed in writing with the lessee that this division does not apply.