PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 363H Negotiation and request to Minister

PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 363H

363H Negotiation and request to Minister

(1) This section applies if there is a dispute about any of the following—

(a) a right to carry out an authorised activity under section 363D ;

(b) a right to enter overlapping mineral (f) land under section 363E ;

(c) any request made by a mineral (f) tenure holder to an authority to prospect holder to remove or modify infrastructure on overlapping mineral (f) land, if the infrastructure was put in place on the land under—

(i) an agreement entered into under section 363D (3) ; or

(ii) section 363E (1) .

(2) The parties must use all reasonable endeavours to attempt to resolve the dispute.

(3) After complying with subsection (2) , either of the parties may, by a notice in the approved form, ask the Minister to decide whether the entry is allowed or the activity may be carried out.

(4) Before making a decision, the Minister must give the parties an opportunity to make submissions about the request within a reasonable period.

Note—

For other relevant provisions about making a submission, see section 851AA .

(5) Also before making the decision, the Minister may refer the dispute under section 363I to the Land Court for it to make recommendations about deciding the dispute.