MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014 No. 47 - SECT 133 133 Amendment of agreed joint development plan

MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014 No. 47 - SECT 133

(1) An agreed joint development plan may be amended by agreement at any time.

(2) A resource authority holder mentioned in this division who receives a proposal for an amendment of an agreed joint development plan must negotiate in good faith about the amendment.

(3) Subsection (4) applies if the amendment provides for a cessation, or significant reduction or increase, of any of the following—

(a) mining under the ML (coal);

(b) production under the PL;

(c) exploring and testing activities under the ATP.

(4) Within 20 business days after making the amendment, the resource authority holders must jointly give the chief executive a written notice that—

(a) states the agreed joint development plan has been amended; and

(b) if there is a cessation or significant reduction of an authorised activity for a resource authority—includes, or is accompanied by, a statement about—

(i) whether the cessation or reduction is reasonable in the circumstances; and

(ii) whether the resource authority holders have taken all reasonable steps to prevent the cessation or reduction.

(5) A resource authority holder who can not obtain a proposed amendment of an agreed joint development plan under this section may apply for arbitration of the dispute to the extent it relates to a relevant matter.