MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014 No. 47 - SECT 234 234 Application for ML (coal) over land in area of ATP (without consent)

MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014 No. 47 - SECT 234

(1) This section applies if—

(a) a person mentioned in the pre-amended Mineral Resources Act, section 318AO made an application for the grant of an ML (coal) that included the additional requirements mentioned in the pre-amended Mineral Resources Act, section 318AP; and

(b) the application was made but not decided before the commencement.

(2) The new overlap provisions apply to the circumstance of the ML (coal) overlapping an ATP.

(3) For applying the requirement under the new overlap provisions to give an advance notice for the ML (coal), the application for the grant of the ML (coal) is taken to have been made on the commencement.

(4) If the applicant for the grant of the ML (coal) has given the ATP holder a copy of the application, as required under the pre-amended Mineral Resources Act, section 318AT(1)(a), the proposed mining commencement date for an IMA, despite section 115(2)(a) of the new overlap provisions, may be a date that—

(a) is agreed between the applicant and the ATP holder; or

(b) is at least—

(i) 18 months after the date on which the applicant for the grant of the ML (coal) has given the ATP holder a copy of the application under the pre-amended Mineral Resources Act, section 318AT(1)(a); and

(ii) 3 months after the commencement.

(5) In this section—

ATP means an authority to prospect mentioned in the pre-amended Mineral Resources Act, section 318AO(1), if the intention of the holder is to explore and test for coal seam gas.