sec.340Right to grant if particular requirements met

### sec.340 Right to grant if particular requirements met This section applies subject to section 339 . If the application is an ATP-related application, the Minister must grant the petroleum lease if— the applicant is an eligible person; and the coal or oil shale exploration tenement holder has consented to the grant; and the requirements for grant have been complied with. If the application is not an ATP-related application, the Minister must grant the petroleum lease if— the applicant is an eligible person; and either— the applicant has been granted a coal or oil shale mining lease over the proposed area of the petroleum lease; or any preference decision required under the Mineral Resources Act for the coal or oil shale mining lease application has been made and, under section 271A of that Act, a decision has been made to grant the applicant a coal or oil shale mining lease for the land; and For when a preference decision under the Mineral Resources Act is required, see section 318BA of that Act. the Minister is satisfied— the requirements for grant, other than the requirement under section 121 (1) (c) , have been complied with; and the conditions of the coal or oil shale exploration tenement have been substantially complied with. If the area of the petroleum lease includes overlapping ATP land, the authority holder’s written agreement is needed to carry out any authorised activity under the lease other than an activity related to incidental coal seam gas. See part 5 , division 1 . s 340 amd 2005 No. 3 s 105 sch ; 2009 No. 3 s 553 ; 2011 No. 2 ss 121 , 122 sch ; 2012 No. 20 s 281 sch 2 (sec.340-ssec.1) This section applies subject to section 339 . (sec.340-ssec.2) If the application is an ATP-related application, the Minister must grant the petroleum lease if— the applicant is an eligible person; and the coal or oil shale exploration tenement holder has consented to the grant; and the requirements for grant have been complied with. (sec.340-ssec.3) If the application is not an ATP-related application, the Minister must grant the petroleum lease if— the applicant is an eligible person; and either— the applicant has been granted a coal or oil shale mining lease over the proposed area of the petroleum lease; or any preference decision required under the Mineral Resources Act for the coal or oil shale mining lease application has been made and, under section 271A of that Act, a decision has been made to grant the applicant a coal or oil shale mining lease for the land; and For when a preference decision under the Mineral Resources Act is required, see section 318BA of that Act. the Minister is satisfied— the requirements for grant, other than the requirement under section 121 (1) (c) , have been complied with; and the conditions of the coal or oil shale exploration tenement have been substantially complied with. If the area of the petroleum lease includes overlapping ATP land, the authority holder’s written agreement is needed to carry out any authorised activity under the lease other than an activity related to incidental coal seam gas. See part 5 , division 1 . - (a) the applicant is an eligible person; and - (b) the coal or oil shale exploration tenement holder has consented to the grant; and - (c) the requirements for grant have been complied with. - (a) the applicant is an eligible person; and - (b) either— (i) the applicant has been granted a coal or oil shale mining lease over the proposed area of the petroleum lease; or (ii) any preference decision required under the Mineral Resources Act for the coal or oil shale mining lease application has been made and, under section 271A of that Act, a decision has been made to grant the applicant a coal or oil shale mining lease for the land; and Note— For when a preference decision under the Mineral Resources Act is required, see section 318BA of that Act. - (i) the applicant has been granted a coal or oil shale mining lease over the proposed area of the petroleum lease; or - (ii) any preference decision required under the Mineral Resources Act for the coal or oil shale mining lease application has been made and, under section 271A of that Act, a decision has been made to grant the applicant a coal or oil shale mining lease for the land; and Note— For when a preference decision under the Mineral Resources Act is required, see section 318BA of that Act. - (c) the Minister is satisfied— (i) the requirements for grant, other than the requirement under section 121 (1) (c) , have been complied with; and (ii) the conditions of the coal or oil shale exploration tenement have been substantially complied with. Note— If the area of the petroleum lease includes overlapping ATP land, the authority holder’s written agreement is needed to carry out any authorised activity under the lease other than an activity related to incidental coal seam gas. See part 5 , division 1 . - (i) the requirements for grant, other than the requirement under section 121 (1) (c) , have been complied with; and - (ii) the conditions of the coal or oil shale exploration tenement have been substantially complied with. - (i) the applicant has been granted a coal or oil shale mining lease over the proposed area of the petroleum lease; or - (ii) any preference decision required under the Mineral Resources Act for the coal or oil shale mining lease application has been made and, under section 271A of that Act, a decision has been made to grant the applicant a coal or oil shale mining lease for the land; and Note— For when a preference decision under the Mineral Resources Act is required, see section 318BA of that Act. - (i) the requirements for grant, other than the requirement under section 121 (1) (c) , have been complied with; and - (ii) the conditions of the coal or oil shale exploration tenement have been substantially complied with.