PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 236 Ministerial approval of proposed coordination arrangement

PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 236

236 Ministerial approval of proposed coordination arrangement

(1) The Minister may approve the proposed coordination arrangement only if—

(a) the Minister is satisfied—

(i) the arrangement is in the public interest; and

(ii) any inconsistency between the arrangement and a condition of a relevant lease and any sublease provided for under the arrangement is appropriate; and

(iii) if the arrangement applies to land that is in the area of a coal or oil shale mining tenement and in the area of a petroleum lease or 1923 Act lease—the arrangement clearly identifies the safety responsibilities of each party to the arrangement in relation to the land; and

(iv) the spatial relationship between the relevant leases for the arrangement is appropriate.

(b) for an application required to be accompanied by a proposed later development plan for a relevant lease—the proposed plan has been approved; and

(c) the arrangement is consistent with—

(i) the purpose of this Act; and

(ii) if any relevant lease is a mining lease—the purposes of chapter 3 and the objectives of the Mineral Resources Act .

Note—

See sections 3 (Main purpose of Act) and 295 (Main purposes of ch 3) and the Mineral Resources Act , section 2 (Objectives of Act).

(2) Also, if the proposed plan is for a relevant 1923 Act lease, the relevant provisions of that Act apply in relation to the proposed plan.

(3) The Minister may refuse to approve a proposed coordination arrangement that provides for a party to the arrangement to be granted a pipeline licence to transport petroleum or a prescribed storage gas on land subject to the arrangement if the Minister considers that—

(a) having regard to the requirements under chapter 4 , the pipeline licence would not be granted if the party were to apply for it; or

(b) not enough information has been given to decide whether the licence should be granted; or

(c) the spatial relationship between the leases is not appropriate for a coordination arrangement.

(4) If a relevant lease has not been granted, the approval does not take effect until the lease takes effect.