sec.321Restrictions on giving preference

### sec.321 Restrictions on giving preference Coal or oil shale development preference, in whole or part, must not be given unless this section has been complied with. Coal or oil shale development preference may be given only if the Minister is satisfied of each of the following— on the basis of the submissions and the results of consultation lodged under sections 310 and 314 , it is either not commercially or technically feasible or it is unlikely that the applicant and the coal or oil shale exploration tenement holder are able to make a future 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 for the land; that, having regard to the public interest, the public interest in the following would be best served by not granting a petroleum lease to the petroleum lease applicant first— petroleum production; coal or oil shale mining and any incidental coal seam gas mining; if the coal or oil shale is a brownfield coal or oil shale resource— it is critical to the continuance of an existing mining operation or the efficient use of infrastructure related to the operation; and the applicant’s proposed development plan is incompatible with the future development of the resource; if the coal or oil shale is a greenfield coal or oil shale resource— it is commercially viable; and coal or oil shale mining will, if a mining lease is granted to the tenement holder, start within 2 years after the grant of the lease. In this section— brownfield coal or oil shale resource means coal or oil shale associated with, or adjacent to, an existing mining operation under the Mineral Resources Act . greenfield coal or oil shale resource means coal or oil shale that is not associated with, or adjacent to, an existing mining operation under the Mineral Resources Act . s 321 amd 2004 No. 26 s 129 (sec.321-ssec.1) Coal or oil shale development preference, in whole or part, must not be given unless this section has been complied with. (sec.321-ssec.2) Coal or oil shale development preference may be given only if the Minister is satisfied of each of the following— on the basis of the submissions and the results of consultation lodged under sections 310 and 314 , it is either not commercially or technically feasible or it is unlikely that the applicant and the coal or oil shale exploration tenement holder are able to make a future 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 for the land; that, having regard to the public interest, the public interest in the following would be best served by not granting a petroleum lease to the petroleum lease applicant first— petroleum production; coal or oil shale mining and any incidental coal seam gas mining; if the coal or oil shale is a brownfield coal or oil shale resource— it is critical to the continuance of an existing mining operation or the efficient use of infrastructure related to the operation; and the applicant’s proposed development plan is incompatible with the future development of the resource; if the coal or oil shale is a greenfield coal or oil shale resource— it is commercially viable; and coal or oil shale mining will, if a mining lease is granted to the tenement holder, start within 2 years after the grant of the lease. (sec.321-ssec.3) In this section— brownfield coal or oil shale resource means coal or oil shale associated with, or adjacent to, an existing mining operation under the Mineral Resources Act . greenfield coal or oil shale resource means coal or oil shale that is not associated with, or adjacent to, an existing mining operation under the Mineral Resources Act . - (a) on the basis of the submissions and the results of consultation lodged under sections 310 and 314 , it is either not commercially or technically feasible or it is unlikely that the applicant and the coal or oil shale exploration tenement holder are able to make a future coordination arrangement about— (i) petroleum production under the proposed petroleum lease; and (ii) coal or oil shale mining and any incidental coal seam gas mining under any future mining lease for the land; - (i) petroleum production under the proposed petroleum lease; and - (ii) coal or oil shale mining and any incidental coal seam gas mining under any future mining lease for the land; - (b) that, having regard to the public interest, the public interest in the following would be best served by not granting a petroleum lease to the petroleum lease applicant first— (i) petroleum production; (ii) coal or oil shale mining and any incidental coal seam gas mining; - (i) petroleum production; - (ii) coal or oil shale mining and any incidental coal seam gas mining; - (c) if the coal or oil shale is a brownfield coal or oil shale resource— (i) it is critical to the continuance of an existing mining operation or the efficient use of infrastructure related to the operation; and (ii) the applicant’s proposed development plan is incompatible with the future development of the resource; - (i) it is critical to the continuance of an existing mining operation or the efficient use of infrastructure related to the operation; and - (ii) the applicant’s proposed development plan is incompatible with the future development of the resource; - (d) if the coal or oil shale is a greenfield coal or oil shale resource— (i) it is commercially viable; and (ii) coal or oil shale mining will, if a mining lease is granted to the tenement holder, start within 2 years after the grant of the lease. - (i) it is commercially viable; and - (ii) coal or oil shale mining will, if a mining lease is granted to the tenement holder, start within 2 years after the grant of the lease. - (i) petroleum production under the proposed petroleum lease; and - (ii) coal or oil shale mining and any incidental coal seam gas mining under any future mining lease for the land; - (i) petroleum production; - (ii) coal or oil shale mining and any incidental coal seam gas mining; - (i) it is critical to the continuance of an existing mining operation or the efficient use of infrastructure related to the operation; and - (ii) the applicant’s proposed development plan is incompatible with the future development of the resource; - (i) it is commercially viable; and - (ii) coal or oil shale mining will, if a mining lease is granted to the tenement holder, start within 2 years after the grant of the lease.