QLDIn ForceAct
Petroleum and Gas (Production and Safety) Act 2004
sec.364Restriction on authorised activities on overlapping ATP land
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### sec.364 Restriction on authorised activities on overlapping ATP land
This section applies if—
the area of a petroleum lease includes overlapping ATP land; and
Overlapping ATP land includes land in the area of the lease that is excluded land for the authority to prospect. See sections 341 (2) (c) and 357 (2) (c) .
the petroleum lease was, under section 340 or 356 , granted to someone other than the relevant authority to prospect holder.
The petroleum lease holder may carry out an authorised activity for the petroleum lease on the overlapping ATP land only if—
the authority to prospect holder has agreed in writing to the carrying out of the activity and—
a copy of the agreement has been lodged; and
the agreement is still in force; or
the activity relates to incidental coal seam gas mined or to be mined within the mine working envelope.
See also section 934 (Substituted restriction for petroleum leases relating to mineral hydrocarbon mining leases).
In this section—
mine working envelope means land that—
is in the area of a coal mining lease or an oil shale mining lease the area of which includes the overlapping ATP land; and
covers any of the following or is needed for post-production activities—
past mine workings;
current mine workings;
mine workings scheduled to be mined within the next 5 years;
authorised activities for the mining lease associated with the processing, transportation, storage and use of the incidental coal seam gas produced.
s 364 amd 2004 No. 26 s 136 ; 2011 No. 2 ss 121 , 122 sch ; 2012 No. 20 s 281 sch 2
(sec.364-ssec.1) This section applies if— the area of a petroleum lease includes overlapping ATP land; and Overlapping ATP land includes land in the area of the lease that is excluded land for the authority to prospect. See sections 341 (2) (c) and 357 (2) (c) . the petroleum lease was, under section 340 or 356 , granted to someone other than the relevant authority to prospect holder.
(sec.364-ssec.2) The petroleum lease holder may carry out an authorised activity for the petroleum lease on the overlapping ATP land only if— the authority to prospect holder has agreed in writing to the carrying out of the activity and— a copy of the agreement has been lodged; and the agreement is still in force; or the activity relates to incidental coal seam gas mined or to be mined within the mine working envelope. See also section 934 (Substituted restriction for petroleum leases relating to mineral hydrocarbon mining leases).
(sec.364-ssec.3) In this section— mine working envelope means land that— is in the area of a coal mining lease or an oil shale mining lease the area of which includes the overlapping ATP land; and covers any of the following or is needed for post-production activities— past mine workings; current mine workings; mine workings scheduled to be mined within the next 5 years; authorised activities for the mining lease associated with the processing, transportation, storage and use of the incidental coal seam gas produced.
- (a) the area of a petroleum lease includes overlapping ATP land; and Note— Overlapping ATP land includes land in the area of the lease that is excluded land for the authority to prospect. See sections 341 (2) (c) and 357 (2) (c) .
- (b) the petroleum lease was, under section 340 or 356 , granted to someone other than the relevant authority to prospect holder.
- (a) the authority to prospect holder has agreed in writing to the carrying out of the activity and— (i) a copy of the agreement has been lodged; and (ii) the agreement is still in force; or
- (i) a copy of the agreement has been lodged; and
- (ii) the agreement is still in force; or
- (b) the activity relates to incidental coal seam gas mined or to be mined within the mine working envelope.
- (i) a copy of the agreement has been lodged; and
- (ii) the agreement is still in force; or
- (a) is in the area of a coal mining lease or an oil shale mining lease the area of which includes the overlapping ATP land; and
- (b) covers any of the following or is needed for post-production activities— (i) past mine workings; (ii) current mine workings; (iii) mine workings scheduled to be mined within the next 5 years; (iv) authorised activities for the mining lease associated with the processing, transportation, storage and use of the incidental coal seam gas produced.
- (i) past mine workings;
- (ii) current mine workings;
- (iii) mine workings scheduled to be mined within the next 5 years;
- (iv) authorised activities for the mining lease associated with the processing, transportation, storage and use of the incidental coal seam gas produced.
- (i) past mine workings;
- (ii) current mine workings;
- (iii) mine workings scheduled to be mined within the next 5 years;
- (iv) authorised activities for the mining lease associated with the processing, transportation, storage and use of the incidental coal seam gas produced.