sec.897Additional obligation of converted lease holder to lodge proposed later development plan

### sec.897 Additional obligation of converted lease holder to lodge proposed later development plan This section applies, as well as section 159, to a converted lease holder. If any of the area of the converted lease is, on 31 December 2004, the subject of an application for a coal exploration tenement or coal mining lease, the holder must lodge a proposed later development plan for the converted lease before 6 months after 31 December 2004 (the relevant time ). If, on 31 December 2004, the remaining term of the converted lease is 5 years or more, the holder must lodge a proposed later development plan for the converted lease before the first anniversary of the original grant of the relevant 1923 Act lease that happens after 6 months after 31 December 2004 (also the relevant time ). The obligation under subsection (2) or (3) is complied with only if the proposed later development plan— is lodged at— the office of the department for lodging proposed later development plans, as stated in a gazette notice by the chief executive; or if no office is gazetted under subparagraph (i)—the office of the chief executive; and complies with the later development plan requirements; and is accompanied by the relevant fee. If, before the relevant time, a decision is made not to approve a proposed later development plan lodged under subsection (2) or (3), the holder may lodge another proposed later development plan before that time. If the holder does not lodge any proposed later development plan before the relevant time— the holder must be given a notice requiring the holder to lodge a proposed later development plan for the lease within 20 business days after the giving of the notice; and the holder must comply with the requirement. Chapter 2, part 2, division 4, subdivision 5 applies to a proposed later development plan lodged under this section. In this section— relevant fee , for the lodgement of the proposed plan, means— if the proposed plan is lodged before the relevant time—the fee prescribed under a regulation; or if the proposed plan is lodged after the relevant time and— it is lodged under subsection (5)—nil; or otherwise 20 times the prescribed fee. s 897 ins 2004 No. 26 s 247 amd 2007 No. 46 s 241 sch ; 2011 No. 2 s 121 (sec.897-ssec.1) This section applies, as well as section 159, to a converted lease holder. (sec.897-ssec.2) If any of the area of the converted lease is, on 31 December 2004, the subject of an application for a coal exploration tenement or coal mining lease, the holder must lodge a proposed later development plan for the converted lease before 6 months after 31 December 2004 (the relevant time ). (sec.897-ssec.3) If, on 31 December 2004, the remaining term of the converted lease is 5 years or more, the holder must lodge a proposed later development plan for the converted lease before the first anniversary of the original grant of the relevant 1923 Act lease that happens after 6 months after 31 December 2004 (also the relevant time ). (sec.897-ssec.4) The obligation under subsection (2) or (3) is complied with only if the proposed later development plan— is lodged at— the office of the department for lodging proposed later development plans, as stated in a gazette notice by the chief executive; or if no office is gazetted under subparagraph (i)—the office of the chief executive; and complies with the later development plan requirements; and is accompanied by the relevant fee. (sec.897-ssec.5) If, before the relevant time, a decision is made not to approve a proposed later development plan lodged under subsection (2) or (3), the holder may lodge another proposed later development plan before that time. (sec.897-ssec.6) If the holder does not lodge any proposed later development plan before the relevant time— the holder must be given a notice requiring the holder to lodge a proposed later development plan for the lease within 20 business days after the giving of the notice; and the holder must comply with the requirement. (sec.897-ssec.7) Chapter 2, part 2, division 4, subdivision 5 applies to a proposed later development plan lodged under this section. (sec.897-ssec.8) In this section— relevant fee , for the lodgement of the proposed plan, means— if the proposed plan is lodged before the relevant time—the fee prescribed under a regulation; or if the proposed plan is lodged after the relevant time and— it is lodged under subsection (5)—nil; or otherwise 20 times the prescribed fee. - (a) is lodged at— (i) the office of the department for lodging proposed later development plans, as stated in a gazette notice by the chief executive; or (ii) if no office is gazetted under subparagraph (i)—the office of the chief executive; and - (i) the office of the department for lodging proposed later development plans, as stated in a gazette notice by the chief executive; or - (ii) if no office is gazetted under subparagraph (i)—the office of the chief executive; and - (b) complies with the later development plan requirements; and - (c) is accompanied by the relevant fee. - (i) the office of the department for lodging proposed later development plans, as stated in a gazette notice by the chief executive; or - (ii) if no office is gazetted under subparagraph (i)—the office of the chief executive; and - (a) the holder must be given a notice requiring the holder to lodge a proposed later development plan for the lease within 20 business days after the giving of the notice; and - (b) the holder must comply with the requirement. - (a) if the proposed plan is lodged before the relevant time—the fee prescribed under a regulation; or - (b) if the proposed plan is lodged after the relevant time and— (i) it is lodged under subsection (5)—nil; or (ii) otherwise 20 times the prescribed fee. - (i) it is lodged under subsection (5)—nil; or - (ii) otherwise 20 times the prescribed fee. - (i) it is lodged under subsection (5)—nil; or - (ii) otherwise 20 times the prescribed fee.