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Petroleum and Gas (Production and Safety) Act 2004
sec.350Additional requirements for grant
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### sec.350 Additional requirements for grant
The application may be granted only if—
the applicant has negotiated, with the coal or oil shale mining lease holder, a proposed coordination arrangement (a relevant arrangement ) about the following matters—
petroleum production under the proposed petroleum lease;
coal or oil shale mining and any incidental coal seam gas under the mining lease; and
the Minister has approved the relevant arrangement; and
the applicant has made a safety management system for all operating plant on, or proposed to be on, the area of the proposed petroleum lease; and
the mining lease holder has agreed to the safety management system and lodged a notice that the holder has agreed to the system.
The Minister may decide to refuse the application if—
the Minister is satisfied the applicant and the mining lease holder have, as required under section 349 , made reasonable attempts to reach a relevant arrangement; and
either—
the mining lease holder has lodged a notice stating there are no reasonable prospects of a relevant arrangement being made; or
a relevant arrangement has not been lodged for approval by the Minister and the Minister considers the applicant and the mining lease holder have had a reasonable opportunity to make a relevant arrangement.
s 350 amd 2004 No. 26 ss 132 , 69 (2) sch ; 2005 No. 3 s 105 sch ; 2011 No. 2 ss 121 , 122 sch ; 2012 No. 20 s 281 sch 2 ; 2014 No. 64 s 256 sch 3
(sec.350-ssec.1) The application may be granted only if— the applicant has negotiated, with the coal or oil shale mining lease holder, a proposed coordination arrangement (a relevant arrangement ) about the following matters— petroleum production under the proposed petroleum lease; coal or oil shale mining and any incidental coal seam gas under the mining lease; and the Minister has approved the relevant arrangement; and the applicant has made a safety management system for all operating plant on, or proposed to be on, the area of the proposed petroleum lease; and the mining lease holder has agreed to the safety management system and lodged a notice that the holder has agreed to the system.
(sec.350-ssec.2) The Minister may decide to refuse the application if— the Minister is satisfied the applicant and the mining lease holder have, as required under section 349 , made reasonable attempts to reach a relevant arrangement; and either— the mining lease holder has lodged a notice stating there are no reasonable prospects of a relevant arrangement being made; or a relevant arrangement has not been lodged for approval by the Minister and the Minister considers the applicant and the mining lease holder have had a reasonable opportunity to make a relevant arrangement.
- (a) the applicant has negotiated, with the coal or oil shale mining lease holder, a proposed coordination arrangement (a relevant arrangement ) about the following matters— (i) petroleum production under the proposed petroleum lease; (ii) coal or oil shale mining and any incidental coal seam gas under the mining lease; and
- (i) petroleum production under the proposed petroleum lease;
- (ii) coal or oil shale mining and any incidental coal seam gas under the mining lease; and
- (b) the Minister has approved the relevant arrangement; and
- (c) the applicant has made a safety management system for all operating plant on, or proposed to be on, the area of the proposed petroleum lease; and
- (d) the mining lease holder has agreed to the safety management system and lodged a notice that the holder has agreed to the system.
- (i) petroleum production under the proposed petroleum lease;
- (ii) coal or oil shale mining and any incidental coal seam gas under the mining lease; and
- (a) the Minister is satisfied the applicant and the mining lease holder have, as required under section 349 , made reasonable attempts to reach a relevant arrangement; and
- (b) either— (i) the mining lease holder has lodged a notice stating there are no reasonable prospects of a relevant arrangement being made; or (ii) a relevant arrangement has not been lodged for approval by the Minister and the Minister considers the applicant and the mining lease holder have had a reasonable opportunity to make a relevant arrangement.
- (i) the mining lease holder has lodged a notice stating there are no reasonable prospects of a relevant arrangement being made; or
- (ii) a relevant arrangement has not been lodged for approval by the Minister and the Minister considers the applicant and the mining lease holder have had a reasonable opportunity to make a relevant arrangement.
- (i) the mining lease holder has lodged a notice stating there are no reasonable prospects of a relevant arrangement being made; or
- (ii) a relevant arrangement has not been lodged for approval by the Minister and the Minister considers the applicant and the mining lease holder have had a reasonable opportunity to make a relevant arrangement.