PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 316 Proposed coal or oil shale mining lease for which EIS approval given

PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 316

316 Proposed coal or oil shale mining lease for which EIS approval given

(1) The ATP-related application must not be decided if—

(a) before the making of the ATP-related application, an approval under the Environmental Protection Act , chapter 3 , part 2 , was granted for the voluntary preparation of an EIS for a project that is, or includes, a proposed coal or oil shale mining lease mining lease for the land; and

(b) the proponent for the EIS—

(i) is, or includes, the coal or oil shale exploration tenement holder; or

(ii) is someone else who has the tenement holder’s consent.

(2) However, subsection (1) ceases to apply if—

(a) the proponent of the EIS does not make a coal or oil shale mining lease application for the land within 1 year after the granting of the approval; or

(b) a coal or oil shale mining lease application is made for the land within the period mentioned in paragraph (a) and—

(i) it does not comply with the Mineral Resources Act , sections 245 and 246 , and any relevant provision of chapter 8 of that Act; or

(ii) it is decided; or

(c) the proponent for the EIS has given written consent to the petroleum lease application.