sec.177Obligation of lessee to give access to MDL holder

### sec.177 Obligation of lessee to give access to MDL holder This section applies for the MDL or any MDL granted because of the MDL application. It is a condition of the lease that the lessee must allow the MDL holder access to the overlapping land to carry out any authorised activity for the MDL if— the required notice has been given; and the carrying out of the activity— does not interfere with the carrying out of an authorised activity for the lease; and is consistent with the safety management system under the 2004 Act for any operating plant on the overlapping land the operation of which is an authorised activity for the lease. Subsection (2)(b) applies whether or not the operating plant has started to operate. The condition under subsection (2) is subject to any agreement about coordinating the development of coal and petroleum in the land (a coordinated development agreement ) made between the lessee and the MDL holder or the MDL applicant. In this section— required notice means a notice from the MDL holder to the lessee, given a reasonable period before the start of the authorised activity for the MDL, that states when and where the activity is proposed to be carried out. s 177 ins 2004 No. 26 s 68 amd 2014 No. 64 s 217M (sec.177-ssec.1) This section applies for the MDL or any MDL granted because of the MDL application. (sec.177-ssec.2) It is a condition of the lease that the lessee must allow the MDL holder access to the overlapping land to carry out any authorised activity for the MDL if— the required notice has been given; and the carrying out of the activity— does not interfere with the carrying out of an authorised activity for the lease; and is consistent with the safety management system under the 2004 Act for any operating plant on the overlapping land the operation of which is an authorised activity for the lease. (sec.177-ssec.3) Subsection (2)(b) applies whether or not the operating plant has started to operate. (sec.177-ssec.4) The condition under subsection (2) is subject to any agreement about coordinating the development of coal and petroleum in the land (a coordinated development agreement ) made between the lessee and the MDL holder or the MDL applicant. (sec.177-ssec.5) In this section— required notice means a notice from the MDL holder to the lessee, given a reasonable period before the start of the authorised activity for the MDL, that states when and where the activity is proposed to be carried out. - (a) the required notice has been given; and - (b) the carrying out of the activity— (i) does not interfere with the carrying out of an authorised activity for the lease; and (ii) is consistent with the safety management system under the 2004 Act for any operating plant on the overlapping land the operation of which is an authorised activity for the lease. - (i) does not interfere with the carrying out of an authorised activity for the lease; and - (ii) is consistent with the safety management system under the 2004 Act for any operating plant on the overlapping land the operation of which is an authorised activity for the lease. - (i) does not interfere with the carrying out of an authorised activity for the lease; and - (ii) is consistent with the safety management system under the 2004 Act for any operating plant on the overlapping land the operation of which is an authorised activity for the lease.