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MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014 No. 47 - SECT 149 149 Concurrent notice may be given by ATP holder

MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014 No. 47 - SECT 149

149 Concurrent notice may be given by ATP holder

(1) This section applies if an ATP holder—

(a) receives an advance notice under part 2 in relation to an overlapping area from the holder of an EP (coal) or MDL (coal) that includes the overlapping area; and
Note—
Under part 2, an advance notice for an ML (coal) is given by the applicant for the ML (coal).
(b) intends to apply for a PL, that will include the overlapping area, within 6 months after the ATP holder receives the advance notice.

(2) The ATP holder may give the holder of the EP (coal) or MDL (coal) a written notice (a concurrent notice) in relation to the overlapping area.

(3) The concurrent notice must be given within 3 months after the ATP holder receives the advance notice.

(4) If the concurrent notice is given and the application for the PL is made within the 6 months mentioned in subsection (1)(b), this chapter must, to the greatest practicable extent, be applied as if the ATP holder was already a PL holder when the advance notice was given to the ATP holder.

(5) Without limiting subsection (4)—

(a) the requirement for an agreed joint development plan to be in place within 12 months after giving the advance notice applies under section 130(1); and
(b) the proposed mining commencement date for an IMA in the overlapping area, for the purposes of the advance notice, is taken to be at least 11 years after the date on which the advance notice was given; and
(c) the ATP holder may give an exceptional circumstances notice under part 2, if the necessary exceptional circumstances are considered to exist, at the same time as the concurrent notice is given.