sec.316Proposed coal or oil shale mining lease for which EIS approval given

### sec.316 Proposed coal or oil shale mining lease for which EIS approval given The ATP-related application must not be decided if— before the making of the ATP-related application, an approval under the Environmental Protection Act , chapter 3 , part 2 , was granted for the voluntary preparation of an EIS for a project that is, or includes, a proposed coal or oil shale mining lease mining lease for the land; and the proponent for the EIS— is, or includes, the coal or oil shale exploration tenement holder; or is someone else who has the tenement holder’s consent. However, subsection (1) ceases to apply if— the proponent of the EIS does not make a coal or oil shale mining lease application for the land within 1 year after the granting of the approval; or a coal or oil shale mining lease application is made for the land within the period mentioned in paragraph (a) and— it does not comply with the Mineral Resources Act , sections 245 and 246 , and any relevant provision of chapter 8 of that Act; or it is decided; or the proponent for the EIS has given written consent to the petroleum lease application. s 316 amd 2005 No. 3 s 105 sch ; 2012 No. 20 s 323 sch 3 (sec.316-ssec.1) The ATP-related application must not be decided if— before the making of the ATP-related application, an approval under the Environmental Protection Act , chapter 3 , part 2 , was granted for the voluntary preparation of an EIS for a project that is, or includes, a proposed coal or oil shale mining lease mining lease for the land; and the proponent for the EIS— is, or includes, the coal or oil shale exploration tenement holder; or is someone else who has the tenement holder’s consent. (sec.316-ssec.2) However, subsection (1) ceases to apply if— the proponent of the EIS does not make a coal or oil shale mining lease application for the land within 1 year after the granting of the approval; or a coal or oil shale mining lease application is made for the land within the period mentioned in paragraph (a) and— it does not comply with the Mineral Resources Act , sections 245 and 246 , and any relevant provision of chapter 8 of that Act; or it is decided; or the proponent for the EIS has given written consent to the petroleum lease application. - (a) before the making of the ATP-related application, an approval under the Environmental Protection Act , chapter 3 , part 2 , was granted for the voluntary preparation of an EIS for a project that is, or includes, a proposed coal or oil shale mining lease mining lease for the land; and - (b) the proponent for the EIS— (i) is, or includes, the coal or oil shale exploration tenement holder; or (ii) is someone else who has the tenement holder’s consent. - (i) is, or includes, the coal or oil shale exploration tenement holder; or - (ii) is someone else who has the tenement holder’s consent. - (i) is, or includes, the coal or oil shale exploration tenement holder; or - (ii) is someone else who has the tenement holder’s consent. - (a) the proponent of the EIS does not make a coal or oil shale mining lease application for the land within 1 year after the granting of the approval; or - (b) a coal or oil shale mining lease application is made for the land within the period mentioned in paragraph (a) and— (i) it does not comply with the Mineral Resources Act , sections 245 and 246 , and any relevant provision of chapter 8 of that Act; or (ii) it is decided; or - (i) it does not comply with the Mineral Resources Act , sections 245 and 246 , and any relevant provision of chapter 8 of that Act; or - (ii) it is decided; or - (c) the proponent for the EIS has given written consent to the petroleum lease application. - (i) it does not comply with the Mineral Resources Act , sections 245 and 246 , and any relevant provision of chapter 8 of that Act; or - (ii) it is decided; or