sec.331Application of div 2

### sec.331 Application of div 2 This division applies if— land is in the area of a coal or oil shale exploration tenement; and a person who, under section 117 , may make an ATP-related application for all or part of the land wishes to make that application; and the tenement holder has consented to the making of the application. This division also applies if— land is in the area of a coal or oil shale exploration tenement; and a person as follows wishes to apply for a petroleum lease for all or part of the land— the coal or oil shale exploration tenement holder; a person who wishes to make the application jointly with the holder; and a person mentioned in paragraph (b) has made a coal mining lease application or oil shale mining lease application for the land and the application is not for a specific purpose mining lease; and the purpose of the proposed petroleum lease application is to allow the use of incidental coal seam gas for a purpose other than a use or activity under the Mineral Resources Act , section 318CN (2) (a) or (b) , or 318CNA(2)(a) or (b). See the Mineral Resources Act , section 318CN (Use that may be made under mining lease of incidental coal seam gas). However, this division does not apply if land is in the area of a coal or oil shale exploration tenement that is a mineral (f) pilot tenure. s 331 amd 2008 No. 33 s 121 ; 2010 No. 31 s 431 ; 2011 No. 2 ss 121 , 122 sch ; 2014 No. 47 s 589 (sec.331-ssec.1) This division applies if— land is in the area of a coal or oil shale exploration tenement; and a person who, under section 117 , may make an ATP-related application for all or part of the land wishes to make that application; and the tenement holder has consented to the making of the application. (sec.331-ssec.2) This division also applies if— land is in the area of a coal or oil shale exploration tenement; and a person as follows wishes to apply for a petroleum lease for all or part of the land— the coal or oil shale exploration tenement holder; a person who wishes to make the application jointly with the holder; and a person mentioned in paragraph (b) has made a coal mining lease application or oil shale mining lease application for the land and the application is not for a specific purpose mining lease; and the purpose of the proposed petroleum lease application is to allow the use of incidental coal seam gas for a purpose other than a use or activity under the Mineral Resources Act , section 318CN (2) (a) or (b) , or 318CNA(2)(a) or (b). See the Mineral Resources Act , section 318CN (Use that may be made under mining lease of incidental coal seam gas). (sec.331-ssec.3) However, this division does not apply if land is in the area of a coal or oil shale exploration tenement that is a mineral (f) pilot tenure. - (a) land is in the area of a coal or oil shale exploration tenement; and - (b) a person who, under section 117 , may make an ATP-related application for all or part of the land wishes to make that application; and - (c) the tenement holder has consented to the making of the application. - (a) land is in the area of a coal or oil shale exploration tenement; and - (b) a person as follows wishes to apply for a petroleum lease for all or part of the land— (i) the coal or oil shale exploration tenement holder; (ii) a person who wishes to make the application jointly with the holder; and - (i) the coal or oil shale exploration tenement holder; - (ii) a person who wishes to make the application jointly with the holder; and - (c) a person mentioned in paragraph (b) has made a coal mining lease application or oil shale mining lease application for the land and the application is not for a specific purpose mining lease; and - (d) the purpose of the proposed petroleum lease application is to allow the use of incidental coal seam gas for a purpose other than a use or activity under the Mineral Resources Act , section 318CN (2) (a) or (b) , or 318CNA(2)(a) or (b). Note— See the Mineral Resources Act , section 318CN (Use that may be made under mining lease of incidental coal seam gas). - (i) the coal or oil shale exploration tenement holder; - (ii) a person who wishes to make the application jointly with the holder; and