sec.310Applicant’s obligations

### sec.310 Applicant’s obligations The applicant must— within 10 business days after making the ATP-related application, give the coal or oil shale exploration tenement holder a copy of the application, other than any part of the application that relates to the capability criteria; and use reasonable attempts to— consult with the tenement holder about the applicant’s proposed development plan and proposed safety management system; and make an appropriate arrangement with the tenement holder about advanced testing carried out, or proposed to be carried out, by the tenement holder (a testing arrangement ); and bulk sampling See also part 8 (Confidentiality of information). change the proposed plan or system to give effect to any reasonable proposal by the tenement holder that will optimise the safe and efficient production of— petroleum under the proposed petroleum lease; and coal or oil shale under any future mining lease over the land; and within 4 months after the making of the application, lodge a notice stating each of the following— the details of the consultation; the results of the consultation; any comments the applicant wishes to make about any submissions lodged by the tenement holder, under section 314 ; any changes to the proposed development plan or proposed safety management system; if a testing arrangement has been made—details of the arrangement; if a testing arrangement has not been made—details of the attempts made to make a testing arrangement; the applicant’s assessment of the potential for the applicant and the tenement holder to make a coordination arrangement about— petroleum production under the proposed petroleum lease; and coal or oil shale mining and any incidental coal seam gas mining under any future mining lease over the land. However, the obligations under subsection (1) (b) (ii) and (c) apply only to the extent the provisions or arrangement are commercially and technically feasible for the applicant. For subsection (1) (b) (ii) , if the exploration tenement is an exploration permit, it is appropriate for the agreement to give the permit holder the right to carry out advanced testing to satisfy the Minister under the Mineral Resources Act , section 186 (6) (a) . However, subsection (3) does not require the applicant to agree to testing having a duration of more than 12 months. s 310 amd 2011 No. 2 ss 121 , 122 sch ; 2012 No. 20 s 125 sch 1 , s 281 sch 2 ; 2014 No. 64 s 256 sch 3 (sec.310-ssec.1) The applicant must— within 10 business days after making the ATP-related application, give the coal or oil shale exploration tenement holder a copy of the application, other than any part of the application that relates to the capability criteria; and use reasonable attempts to— consult with the tenement holder about the applicant’s proposed development plan and proposed safety management system; and make an appropriate arrangement with the tenement holder about advanced testing carried out, or proposed to be carried out, by the tenement holder (a testing arrangement ); and bulk sampling See also part 8 (Confidentiality of information). change the proposed plan or system to give effect to any reasonable proposal by the tenement holder that will optimise the safe and efficient production of— petroleum under the proposed petroleum lease; and coal or oil shale under any future mining lease over the land; and within 4 months after the making of the application, lodge a notice stating each of the following— the details of the consultation; the results of the consultation; any comments the applicant wishes to make about any submissions lodged by the tenement holder, under section 314 ; any changes to the proposed development plan or proposed safety management system; if a testing arrangement has been made—details of the arrangement; if a testing arrangement has not been made—details of the attempts made to make a testing arrangement; the applicant’s assessment of the potential for the applicant and the tenement holder to make a coordination arrangement about— petroleum production under the proposed petroleum lease; and coal or oil shale mining and any incidental coal seam gas mining under any future mining lease over the land. (sec.310-ssec.2) However, the obligations under subsection (1) (b) (ii) and (c) apply only to the extent the provisions or arrangement are commercially and technically feasible for the applicant. (sec.310-ssec.3) For subsection (1) (b) (ii) , if the exploration tenement is an exploration permit, it is appropriate for the agreement to give the permit holder the right to carry out advanced testing to satisfy the Minister under the Mineral Resources Act , section 186 (6) (a) . (sec.310-ssec.4) However, subsection (3) does not require the applicant to agree to testing having a duration of more than 12 months. - (a) within 10 business days after making the ATP-related application, give the coal or oil shale exploration tenement holder a copy of the application, other than any part of the application that relates to the capability criteria; and - (b) use reasonable attempts to— (i) consult with the tenement holder about the applicant’s proposed development plan and proposed safety management system; and (ii) make an appropriate arrangement with the tenement holder about advanced testing carried out, or proposed to be carried out, by the tenement holder (a testing arrangement ); and Example of advanced testing— bulk sampling Note— See also part 8 (Confidentiality of information). - (i) consult with the tenement holder about the applicant’s proposed development plan and proposed safety management system; and - (ii) make an appropriate arrangement with the tenement holder about advanced testing carried out, or proposed to be carried out, by the tenement holder (a testing arrangement ); and Example of advanced testing— bulk sampling - (c) change the proposed plan or system to give effect to any reasonable proposal by the tenement holder that will optimise the safe and efficient production of— (i) petroleum under the proposed petroleum lease; and (ii) coal or oil shale under any future mining lease over the land; and - (i) petroleum under the proposed petroleum lease; and - (ii) coal or oil shale under any future mining lease over the land; and - (d) within 4 months after the making of the application, lodge a notice stating each of the following— (i) the details of the consultation; (ii) the results of the consultation; (iii) any comments the applicant wishes to make about any submissions lodged by the tenement holder, under section 314 ; (iv) any changes to the proposed development plan or proposed safety management system; (v) if a testing arrangement has been made—details of the arrangement; (vi) if a testing arrangement has not been made—details of the attempts made to make a testing arrangement; (vii) the applicant’s assessment of the potential for the applicant and the tenement holder to make a coordination arrangement about— (A) petroleum production under the proposed petroleum lease; and (B) coal or oil shale mining and any incidental coal seam gas mining under any future mining lease over the land. - (i) the details of the consultation; - (ii) the results of the consultation; - (iii) any comments the applicant wishes to make about any submissions lodged by the tenement holder, under section 314 ; - (iv) any changes to the proposed development plan or proposed safety management system; - (v) if a testing arrangement has been made—details of the arrangement; - (vi) if a testing arrangement has not been made—details of the attempts made to make a testing arrangement; - (vii) the applicant’s assessment of the potential for the applicant and the tenement holder to make a coordination arrangement about— (A) petroleum production under the proposed petroleum lease; and (B) coal or oil shale mining and any incidental coal seam gas mining under any future mining lease over the land. - (A) petroleum production under the proposed petroleum lease; and - (B) coal or oil shale mining and any incidental coal seam gas mining under any future mining lease over the land. - (i) consult with the tenement holder about the applicant’s proposed development plan and proposed safety management system; and - (ii) make an appropriate arrangement with the tenement holder about advanced testing carried out, or proposed to be carried out, by the tenement holder (a testing arrangement ); and Example of advanced testing— bulk sampling - (i) petroleum under the proposed petroleum lease; and - (ii) coal or oil shale under any future mining lease over the land; and - (i) the details of the consultation; - (ii) the results of the consultation; - (iii) any comments the applicant wishes to make about any submissions lodged by the tenement holder, under section 314 ; - (iv) any changes to the proposed development plan or proposed safety management system; - (v) if a testing arrangement has been made—details of the arrangement; - (vi) if a testing arrangement has not been made—details of the attempts made to make a testing arrangement; - (vii) the applicant’s assessment of the potential for the applicant and the tenement holder to make a coordination arrangement about— (A) petroleum production under the proposed petroleum lease; and (B) coal or oil shale mining and any incidental coal seam gas mining under any future mining lease over the land. - (A) petroleum production under the proposed petroleum lease; and - (B) coal or oil shale mining and any incidental coal seam gas mining under any future mining lease over the land. - (A) petroleum production under the proposed petroleum lease; and - (B) coal or oil shale mining and any incidental coal seam gas mining under any future mining lease over the land.