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Petroleum and Gas (Production and Safety) Act 2004
sec.320Reference to Land Court before making preference decision
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### sec.320 Reference to Land Court before making preference decision
Before making the preference decision—
the chief executive must refer the application to the Land Court for it to make recommendations to the Minister about what the preference decision should be; and
the Minister must consider the recommendations.
The referral must be made by filing a notice in the approved form with the registrar of the Land Court.
The referral starts a proceeding before the Land Court for it to make the recommendations.
The parties to the proceeding are the applicant and the coal or oil shale exploration tenement holder.
In making the recommendations—
the CSG assessment criteria must be considered; and
section 321 applies as if a reference in the section—
to the Minister were a reference to the Land Court; and
to coal or oil shale development preference were a reference to recommending coal or oil shale development preference.
The recommendations may also include recommendations about the conditions and term of the petroleum lease.
s 320 amd 2007 No. 39 s 41 sch
(sec.320-ssec.1) Before making the preference decision— the chief executive must refer the application to the Land Court for it to make recommendations to the Minister about what the preference decision should be; and the Minister must consider the recommendations.
(sec.320-ssec.2) The referral must be made by filing a notice in the approved form with the registrar of the Land Court.
(sec.320-ssec.3) The referral starts a proceeding before the Land Court for it to make the recommendations.
(sec.320-ssec.4) The parties to the proceeding are the applicant and the coal or oil shale exploration tenement holder.
(sec.320-ssec.5) In making the recommendations— the CSG assessment criteria must be considered; and section 321 applies as if a reference in the section— to the Minister were a reference to the Land Court; and to coal or oil shale development preference were a reference to recommending coal or oil shale development preference.
(sec.320-ssec.6) The recommendations may also include recommendations about the conditions and term of the petroleum lease.
- (a) the chief executive must refer the application to the Land Court for it to make recommendations to the Minister about what the preference decision should be; and
- (b) the Minister must consider the recommendations.
- (a) the CSG assessment criteria must be considered; and
- (b) section 321 applies as if a reference in the section— (i) to the Minister were a reference to the Land Court; and (ii) to coal or oil shale development preference were a reference to recommending coal or oil shale development preference.
- (i) to the Minister were a reference to the Land Court; and
- (ii) to coal or oil shale development preference were a reference to recommending coal or oil shale development preference.
- (i) to the Minister were a reference to the Land Court; and
- (ii) to coal or oil shale development preference were a reference to recommending coal or oil shale development preference.