PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 6 Relationship with Mineral Resources Act

PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 6

6 Relationship with Mineral Resources Act

(1) This section does not apply to a coal or oil shale mining tenement.

Note—

See also the Mineral Resources Act , section 3A (Relationship with petroleum legislation).

For the relationship between this Act and the Mineral Resources Act in relation to coal or oil shale mining tenements, see chapter 3 (Provisions for coal seam gas).

(2) The Mineral Resources Act does not limit or otherwise affect—

(a) the power to grant or renew a petroleum authority over land (the
"overlapping land" ) in the area of a mining tenement; or

(b) a petroleum authority already granted over land (also the
"overlapping land" ) in the area of an existing mining tenement.

(3) However—

(a) if the petroleum authority is a pipeline licence or petroleum facility licence—it is subject to section 400 or 440 ; and

(b) if the petroleum authority is another type of petroleum authority—it is subject to subsections (4) to (6) .

(4) If the mining tenement is a mining lease (other than a transportation mining lease), an authorised activity for the petroleum authority may be carried out on the overlapping land only if—

(a) the mining lease holder has agreed in writing to the carrying out of the activity; and

(b) a copy of the agreement has been lodged; and

Note—

For other relevant provisions about lodging documents, see section 851AA .

(c) the agreement is still in force.

(5) If the mining tenement is an exploration permit, mineral development licence or transportation mining lease and the petroleum authority is an authority to prospect, an authorised activity for the petroleum authority may be carried out on the overlapping land only if—

(a) the mining tenement holder has agreed in writing to the carrying out of the activity, a copy of the agreement has been lodged and the agreement is still in force; or

(b) carrying out the activity does not adversely affect the carrying out of an authorised activity for the tenement that has already started.

(6) If the mining tenement is an exploration permit or a mineral development licence and the petroleum authority is a petroleum lease, an authorised activity for the mining tenement may be carried out on the overlapping land only if—

(a) the petroleum lease holder has agreed in writing to the carrying out of the activity; and

(b) a copy of the agreement has been lodged; and

(c) the agreement is still in force.

(7) In this section—


"transportation mining lease" means a mining lease granted under the Mineral Resources Act , section 316 .