MINING ACT 1992 - SECT 78 Inclusion of petroleum in mining lease

MINING ACT 1992 - SECT 78

78 Inclusion of petroleum in mining lease

(1) The holder of a mining lease for coal may apply for the inclusion in the lease of petroleum.

(2) The application must be lodged with the Secretary.

(3) After considering the application, the Minister--

(a) may, by order in writing served on the applicant, direct that the mining lease apply to petroleum, or

(b) may refuse the application.

(4) Without limiting the generality of subsection (3), the Minister must refuse an application if the land to which the application relates--

(a) is within the New South Wales adjacent area, within the meaning of the Petroleum (Offshore) Act 1982 , or

(b) is subject to a petroleum exploration licence or a petroleum mining lease granted under the Petroleum (Onshore) Act 1991 .

(5) A direction may be given unconditionally or subject to such conditions as are specified in the direction.

(6) Without limiting the generality of subsection (5), the Minister may direct that a mining lease is to apply to petroleum subject to a condition relating to any one or more of the following matters--

(a) the limitation of the right to prospect or drill for petroleum to part only of the mining area,

(b) the limitation of that right to prospecting or drilling for some specified type or form of petroleum only,

(c) the working practices and methods of extraction to be used when prospecting or drilling for petroleum,

(d) the use to which any petroleum recovered may be put,

(e) the joint mining and development of petroleum with the holder of a mining lease, or with the holder of a petroleum mining lease under the Petroleum (Onshore) Act 1991 , over land adjoining the mining area.