sec.318When preference decision is required

### sec.318 When preference decision is required This subdivision applies for the application only if the Minister is satisfied of each of the following— there is a resource or reserve (the deposit ) of coal or oil shale in the land; the deposit has been identified under the relevant code; there is the level of knowledge about the deposit, as prescribed under a regulation; the location, quantity, quality, geological characteristics and continuity of the deposit are known, or have been estimated or interpreted, from specific geological evidence and knowledge; there are reasonable prospects for the eventual economic mining of the deposit. However, this subdivision does not apply if— the coal or oil shale exploration tenement holder has not complied with section 313 (a) ; or the tenement holder has, under section 314 , lodged a submission stating that the holder does not wish any coal or oil shale development preference for the land; or the tenement holder has not lodged any submission under section 314 within the submission period. If the Minister decides that the Minister is not satisfied as mentioned in subsection (1) , the tenement holder must be given notice of the decision. In this section— relevant code means any of the following— the document called ‘Australasian Code for Reporting of Mineral Resources and Ore Reserves (The JORC Code)’ and incorporated guidelines, published by the Joint Ore Reserves Committee of the Australasian Institute of Mining and Metallurgy, Australian Institute of Geoscientists and Minerals Council of Australia ( JORC ), as amended and published from time to time; another document (however called) published by JORC that amends or replaces the code mentioned in paragraph (a) ; if a document mentioned in paragraph (a) or (b) stops being published—another similar document prescribed under a regulation. If the Minister is not satisfied as mentioned in subsection (1) , the application can be decided under chapter 2 . If this subdivision does not apply because of subsection (2) , the application can be decided under chapter 2 and subdivision 8 . s 318 amd 2004 No. 26 s 128 ; 2011 No. 2 ss 121 , 122 sch (sec.318-ssec.1) This subdivision applies for the application only if the Minister is satisfied of each of the following— there is a resource or reserve (the deposit ) of coal or oil shale in the land; the deposit has been identified under the relevant code; there is the level of knowledge about the deposit, as prescribed under a regulation; the location, quantity, quality, geological characteristics and continuity of the deposit are known, or have been estimated or interpreted, from specific geological evidence and knowledge; there are reasonable prospects for the eventual economic mining of the deposit. (sec.318-ssec.2) However, this subdivision does not apply if— the coal or oil shale exploration tenement holder has not complied with section 313 (a) ; or the tenement holder has, under section 314 , lodged a submission stating that the holder does not wish any coal or oil shale development preference for the land; or the tenement holder has not lodged any submission under section 314 within the submission period. (sec.318-ssec.3) If the Minister decides that the Minister is not satisfied as mentioned in subsection (1) , the tenement holder must be given notice of the decision. (sec.318-ssec.4) In this section— relevant code means any of the following— the document called ‘Australasian Code for Reporting of Mineral Resources and Ore Reserves (The JORC Code)’ and incorporated guidelines, published by the Joint Ore Reserves Committee of the Australasian Institute of Mining and Metallurgy, Australian Institute of Geoscientists and Minerals Council of Australia ( JORC ), as amended and published from time to time; another document (however called) published by JORC that amends or replaces the code mentioned in paragraph (a) ; if a document mentioned in paragraph (a) or (b) stops being published—another similar document prescribed under a regulation. If the Minister is not satisfied as mentioned in subsection (1) , the application can be decided under chapter 2 . If this subdivision does not apply because of subsection (2) , the application can be decided under chapter 2 and subdivision 8 . - (a) there is a resource or reserve (the deposit ) of coal or oil shale in the land; - (b) the deposit has been identified under the relevant code; - (c) there is the level of knowledge about the deposit, as prescribed under a regulation; - (d) the location, quantity, quality, geological characteristics and continuity of the deposit are known, or have been estimated or interpreted, from specific geological evidence and knowledge; - (e) there are reasonable prospects for the eventual economic mining of the deposit. - (a) the coal or oil shale exploration tenement holder has not complied with section 313 (a) ; or - (b) the tenement holder has, under section 314 , lodged a submission stating that the holder does not wish any coal or oil shale development preference for the land; or - (c) the tenement holder has not lodged any submission under section 314 within the submission period. - (a) the document called ‘Australasian Code for Reporting of Mineral Resources and Ore Reserves (The JORC Code)’ and incorporated guidelines, published by the Joint Ore Reserves Committee of the Australasian Institute of Mining and Metallurgy, Australian Institute of Geoscientists and Minerals Council of Australia ( JORC ), as amended and published from time to time; - (b) another document (however called) published by JORC that amends or replaces the code mentioned in paragraph (a) ; - (c) if a document mentioned in paragraph (a) or (b) stops being published—another similar document prescribed under a regulation. - 1 If the Minister is not satisfied as mentioned in subsection (1) , the application can be decided under chapter 2 . - 2 If this subdivision does not apply because of subsection (2) , the application can be decided under chapter 2 and subdivision 8 .