Mineral and Energy Resources (Common Provisions) Act 2014

An Act to provide for the first step in creating a simplified common framework for managing resource authorities in order to optimise development and use of Queensland’s mineral and energy resources and, to manage overlapping coal and petroleum resource authorities for coal seam gas and to manage the impacts of CSG-induced subsidence

1Short title

This Act may be cited as the Mineral and Energy Resources (Common Provisions) Act 2014.

2Commencement

This Act commences on a day to be fixed by proclamation.

3Main purposes

The main purposes of this Act are—

(a)to consolidate particular provisions common to each of the Resource Acts; and

(b)to provide for particular common processes that apply to resource authorities; and

(c)to manage overlapping coal and petroleum resource authorities for coal seam gas; and

(d)to manage the impacts of CSG-induced subsidence; and

(de)to provide for the disqualification of persons from grant or transfer of particular resource authorities; and

(ef)to assist in achieving the purposes of each of the Resource Acts.

4How main purposes are achieved

(1)The main purposes are achieved by providing for the following matters mainly in this Act, rather than in each of the Resource Acts—

(a)dealings, caveats and associated agreements;

(b)land access;

(c)the new framework for overlapping coal and petroleum resource authorities for coal seam gas;

(d)the framework for managing the impacts of CSG-induced subsidence;

(de)the disqualification from grant or transfer of particular resource authorities;

(ef)the resource authority register;

(fg)other miscellaneous matters.

(2)It is the intention of Parliament that this Act lead towards the replacement of the Resource Acts with a simplified common framework that will apply to all resource authorities.

5Act binds all persons

(1)This Act binds all persons, including the State and as far as the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence against this Act.

6Relationship with Resource Acts

(1)This Act is to be read and construed with, and as if it formed part of, each Resource Act.

(2)Without limiting subsection (1), the following principles apply—

(a)this Act is not intended to exclude, limit or otherwise affect the operation of a Resource Act unless this Act otherwise expressly provides;

(b)a reference to ‘this Act’ in a provision of a Resource Act relating to any of the following matters includes a reference to this Act—

(i)the functions or powers of an authorised officer under a Resource Act, including, for example, the power to give a compliance direction;

(ii)the functions or powers of a Minister under a Resource Act, including, for example, the power to take noncompliance action;

(iii)proceedings for an offence against a provision of a Resource Act;

(c)if the context permits, a reference to ‘this Act’ in a provision of a Resource Act, other than a provision mentioned in paragraph (b), includes a reference to this Act.

(3)Without limiting subsection (2)(a), this Act is not intended to exclude, limit or otherwise affect the following unless this Act otherwise expressly provides—

(a)the power under a Resource Act to grant a resource authority;

(b)the carrying out of authorised activities for a resource authority;

(c)the duties, obligations, requirements or restrictions imposed on a resource authority holder.

(4)Despite subsections (2)(a) and (3), if this Act is inconsistent with a Resource Act, this Act prevails to the extent of the inconsistency.

(5)Without limiting subsection (1), (2), (3) or (4)—

(a)if a provision of this Act deals with a particular matter and a provision of a Resource Act deals with the same matter and it is impossible to comply with both provisions, a person must comply with the provision of this Act and is excused from complying with the provision of the Resource Act, to the extent that it can not be complied with; and

(b)if a provision of this Act deals with a particular matter and a provision of a Resource Act deals with the same matter and it is possible to comply with both provisions, a person must comply with both provisions.

7Reference to a Resource Act includes reference to this Act

If the context permits, a reference in another Act or document to a Resource Act is taken to include a reference to this Act.

8Definitions

The dictionary in schedule 2 defines particular words used in this Act.

9What is a Resource Act

Each of the following is a Resource Act—

(a)the Mineral Resources Act;

(b)the P&G Act;

(c)the 1923 Act;

(d)the Geothermal Act;

(e)the Greenhouse Gas Act.

10What is a resource authority

Each of the following is a resource authority—

(a)any of the following under the Mineral Resources Act—

•a prospecting permit;

•a mining claim;

•an exploration permit;

•a mineral development licence;

•a mining lease;

•a water monitoring authority;

(b)any of the following under the P&G Act—

•an authority to prospect;

•a petroleum lease;

•a data acquisition authority;

•a water monitoring authority;

•a survey licence;

•a pipeline licence;

•a petroleum facility licence;

(c)any of the following under the 1923 Act—

•an authority to prospect;

•a lease;

•a water monitoring authority;

(d)any of the following under the Geothermal Act—

•a geothermal exploration permit;

•a geothermal production lease;

(e)any of the following under the Greenhouse Gas Act—

•a GHG exploration permit;

•a GHG injection and storage lease;

•a GHG injection and storage data acquisition authority.

11What is the authorised area

The authorised area, for a resource authority, means the area to which the resource authority relates.

11AGraticulation of earth’s surface into blocks and sub-blocks

(1)A block is the land resulting from a notional division of the earth’s surface, each block being bounded—

(a)by 2 parallels of latitude 5 minutes apart, each parallel being a multiple of 5 minutes of latitude from the equator; and

(b)by 2 meridians of longitude 5 minutes apart, each meridian being a multiple of 5 minutes of longitude from the prime meridian.

(2)A sub-block is the land resulting from a notional division of a block into 25 areas, each sub-block being bounded by 2 parallels of latitude 1 minute apart and 2 meridians of longitude 1 minute of longitude apart.

(3)For subsections (1) and (2), latitude and longitude are defined by reference to the Australian Geodetic Datum 1966.

(4)Each block and sub-block must be identified in the way approved by the chief executive.

(5)Nothing in this section prevents the chief executive from representing blocks and sub-blocks in a spatial database by reference to a datum other than the Australian Geodetic Datum 1966.

(6)In this section—

Australian Geodetic Datum 1966 means the reference frame with—

(a)a reference spheroid with a major (equatorial) radius of 6,378,160m and a flattening of 100/29825; and

(b)its origin at the Johnston Geodetic Station in the Northern Territory, taken to be at 133º12'30.0771" east longitude and 25º56'54.5515" south latitude and to have a ground level of 571.2m above the reference spheroid.

Editor’s note—

The Australian Geodetic Datum 1966 was notified in the Commonwealth Gazette No. 84 on 6 October 1966 at page 4984.

12Who is an owner of land and other things

(1)An owner, of land, means each person as stated in schedule 1 for the land.

(2)Also, a mortgagee of land is the owner of land if—

(a)the mortgagee is acting as mortgagee in possession of the land and has the exclusive management and control of the land; or

(b)the mortgagee, or a person appointed by the mortgagee, is in possession of the land and has the exclusive management and control of the land.

(3)If land or another thing has more than 1 owner, a reference in this Act to the owner of the land or thing is a reference to each of its owners.

13What is private land

(1)Private land is—

(a)freehold land; or

(b)an interest in land less than fee simple held from the State under another Act.

(2)However, land is not private land to the extent of an interest in any of the following relating to the land—

(a)a mining interest under the Mineral Resources Act;

(b)a petroleum authority under the P&G Act or 1923 Act petroleum tenure under the 1923 Act;

(c)a geothermal tenure under the Geothermal Act;

(d)a GHG authority under the Greenhouse Gas Act;

(e)an occupation right under a permit under the Land Act 1994.

(3)Also, land owned by a public land authority is not private land.

14What is public land

(1)Public land is any land other than—

(a)private land; or

(b)to the extent an interest in any of the following relates to the land—

(i)a mining interest under the Mineral Resources Act;

(ii)a petroleum authority under the P&G Act or 1923 Act petroleum tenure under the 1923 Act;

(iii)a GHG authority under the Greenhouse Gas Act;

(iv)a geothermal tenure under the Geothermal Act;

(v)an occupation right under a permit under the Land Act 1994.

(2)Public land includes a public road.

15What is a public road

A public road is an area of land that—

(a)is open to or used by the public; and

(b)is developed for or has as 1 of its main uses—

(i)the driving or riding of motor vehicles; or

(ii)pedestrian traffic; and

(c)is controlled by a public road authority.

Examples of an area of land that may be included in a road—

•a bridge, culvert, ford, tunnel or viaduct

•a pedestrian or bicycle path

15A What is an advanced activity

An advanced activity, for a resource authority, is an authorised activity for the resource authority other than a preliminary activity for the resource authority.

Examples—

•levelling of drilling pads and digging sumps

•earthworks associated with pipeline installation

•bulk sampling

•open trenching or costeaning with an excavator

•vegetation clear-felling

•constructing an exploration camp, concrete pad, sewage or water treatment facility or fuel dump

•geophysical surveying with physical clearing

•carrying out a seismic survey using explosives

•constructing a track or access road

•changing a fence line

15BWhat is a preliminary activity

(1)A preliminary activity, for a resource authority, is an authorised activity for the authority that will have no impact, or only a minor impact, on the business or land use activities of any owner or occupier of the land on which the activity is to be carried out.

Examples—

•walking the area of the authority

•driving along an existing road or track in the area

•taking soil or water samples

•geophysical surveying not involving site preparation

•aerial, electrical or environmental surveying

•survey pegging

(2)Subsection (3) applies to an authorised activity for a resource authority other than an activity that is aerial surveying carried out at 1,000ft or more above land.

(3)Despite subsection (1), the activity is not a preliminary activity for the resource authority if the activity—

(a)is carried out on land that—

(i)is less than 100ha; and

(ii)is being used for intensive farming or broadacre agriculture; or

Examples for subparagraph (ii)—

•land used for dryland or irrigated cropping, plantation forestry or horticulture

•land used for a dairy, cattle or sheep feedlot, a piggery or a poultry farm

(b)affects the lawful carrying out of an organic or bio-organic farming system.

(2)However, the following are not preliminary activities—

(a)an authorised activity carried out on land that—

(i)is less than 100ha; and

(ii)is being used for intensive farming or broadacre agriculture;

Examples—

•land used for dryland or irrigated cropping, plantation forestry or horticulture

•a dairy, cattle or sheep feedlot, piggery or poultry farm

(b)an authorised activity that affects the lawful carrying out of an organic or bio-organic farming system.

16What is a dealing

A dealing, in relation to a resource authority, is—

(a)any transaction or arrangement that causes the creation, variation, transfer or extinguishment of an interest in the resource authority; or

(b)another transaction, arrangement or circumstance, prescribed by regulation, that affects the resource authority.

17Prescribed dealings require approval of Minister and registration

(1)A regulation may prescribe the dealings with a resource authority (each a prescribed dealing) that must be approved by the Minister under this part, and registered, to have effect.

(2)A prescribed dealing has no effect unless, and until, it is approved by the Minister under this part and registered.

17ANotifiable dealings require notice to chief executive and registration

(1)A regulation may prescribe the dealings with a resource authority (each a notifiable dealing) that must be notified to the chief executive under this part, and registered, to have effect.

(2)A notifiable dealing has no effect unless, and until, it is notified to the chief executive under this part and registered.

18Prohibited dealings have no effect

(1)The following dealings with a resource authority are prohibited—

(a)a dealing with a resource authority that transfers a divided part of the authorised area for the resource authority, unless the dealing is—

(i)a sublease of a resource authority that is a lease; or

(ii)a transfer of a sublease mentioned in subparagraph (i) or of a share in the sublease;

(b)a dealing with a resource authority prescribed by regulation as prohibited.

(2)A dealing with a resource authority prohibited under subsection (1) must not be registered under this part and has no effect.

19Application for Minister’s approval of prescribed dealing

(1)The following entities may apply to the Minister for approval of a prescribed dealing—

(a)the affected resource authority holder;

(b)any other entity with the affected resource authority holder’s consent.

(2)Chapter 6, part 1 applies for processing the application, and the Minister must decide to either refuse to give the approval or give the approval with or without conditions.

Note—

See section 23 if the approval relates to a prescribed dealing for which an indicative approval has been given under that section.

(3)If the Minister decides to give the approval, the chief executive must register the prescribed dealing as soon as possible after the approval is given.

(4)To remove any doubt, it is declared that registration under subsection (3) is subject to sections 20 and 21.

(5)In this section—

affected resource authority holder means—

(a)for a prescribed dealing affecting the whole of a resource authority—the holder of the resource authority; or

(b)for a prescribed dealing affecting a share in a resource authority—the holder of the share.

19A Rejection of application if intended transferee disqualified

(1)The Minister must reject an application for approval of a prescribed dealing that is a transfer of a resource authority or a share in a resource authority if the Minister decides the intended transferee of the resource authority or share is disqualified under section 196C from being transferred the resource authority or share.

(2)However, subsection (1) does not apply to a transfer of a share in a resource authority if—

(a)the share is being transferred to a person who already holds a share in the resource authority; and

(b)the person transferring the share continues, after the transfer, to hold a share in the resource authority.

19BNotice to chief executive to register notifiable dealing

(1)The ordinary rule is that the following entities may give notice to the chief executive of a notifiable dealing to enable its registration—

(a)the affected resource authority holder;

(b)any other entity with the affected resource authority holder’s consent.

(2)However, if a notifiable dealing is required to be executed because of the operation of a law, a regulation may change the ordinary rule by prescribing the following—

(a)who may or must give notice to the chief executive;

(b)the period within which the notice must be given.

Example of dealing required to be executed because of the operation of a law—

the transfer of an interest in a resource authority because of the death of the resource authority holder

(3)The notice must be—

(a)in the approved form; and

(b)accompanied by the fee prescribed by regulation.

(4)The chief executive must register the notifiable dealing as soon as possible after the notice is given.

(5)Subsection (6) applies if the notifiable dealing is—

(a)a transmission by death of a resource authority or a share in a resource authority; or

(b)a transfer of a resource authority or a share in a resource authority by operation of law.

(6)The chief executive may register the notifiable dealing only if the proposed transferee is—

(a)an eligible person; and

(b)for a resource authority other than a small scale mining tenure within the meaning of the Environmental Protection Act—a registered suitable operator under the Environmental Protection Act.

(7)To remove any doubt, it is declared that registration under subsection (4) or (6) is subject to sections 20 and 21.

(8)In this section—

affected resource authority holder means—

(a)for a notifiable dealing affecting the whole of a resource authority—the holder of the resource authority; or

(b)for a notifiable dealing affecting a share in a resource authority—the holder of the share.

20Unpaid royalties prevent registration of dealing

(1)This section applies if a prescribed dealing or notifiable dealing is a transfer of a resource authority or a share in a resource authority.

(2)However, this section does not apply to a transfer of a share in a resource authority if—

(a)the share is being transferred to a person who already holds a share in the resource authority; and

(b)the person transferring the share continues, after the transfer, to hold a share in the resource authority.

(3)The prescribed dealing or notifiable dealing must not be registered, and can not take effect, under this part while any royalty payable by the holder of the resource authority remains unpaid.

21Failure to pay contribution to scheme fund or give surety prevents registration of dealing

(1)This section applies if—

(a)the Minister approves a prescribed dealing, or the chief executive is given notice of a notifiable dealing, that is anyeither of the following—

(i)a changed holder event under the Mineral and Energy Resources (Financial Provisioning) Act 2018 for a resource authority that authorises the carrying out of a resource activity for an environmental authority;

(ii)a transfer of a resource authority that authorises the carrying out of a resource activity for an environmental authority mentioned in the Mineral and Energy Resources (Financial Provisioning) Act 2018, section 53(d);

(iii)a transfer of a small scale mining tenure mentioned in the Mineral and Energy Resources (Financial Provisioning) Act 2018, section 53(e)(i); and

(b)a contribution to the scheme fund is required to be paid, or a surety required to be given, for the environmental authority or small scale mining tenure, under the Mineral and Energy Resources (Financial Provisioning) Act 2018.

(2)The prescribed dealing or notifiable dealing must not be registered unless the entity that will be the holder of the resource authority, or small scale mining tenure, on registration of the prescribed dealing or notifiable dealing has paid the contribution to the scheme fund, or given the surety, under the Mineral and Energy Resources (Financial Provisioning) Act 2018.

22Security may be required

(1)This section applies if a prescribed dealing is a transfer of a resource authority or of a share in a resource authority.

(2)As a condition of deciding to give an approval under section 19, the Minister may require the proposed transferee to give the State security for the resource authority.

(3)The provisions of the relevant Resource Act for giving security for the type of resource authority are taken to apply to the proposed transferee and the security as if the security were given under those provisions.

Examples of the provisions of the relevant Resource Act—

•For the Geothermal Act, see chapter 6, part 4.

•For the Greenhouse Gas Act, see chapter 5, part 6.

•For the Mineral Resources Act, see sections 83, 144, 190 and 277.

•For the 1923 Act, see part 6G.

•For the P&G Act, see chapter 5, part 1.

23Indication of Minister’s approval to register

(1)This section applies for a proposed prescribed dealing.

(2)The prescribed applicant for the proposed prescribed dealing may apply to the Minister for an indication of (an indicative approval)—

(a)whether the Minister is likely to approve the proposed prescribed dealing; and

(b)what, if any, conditions are likely to be imposed by the Minister.

(3)Chapter 6, part 1 applies for processing the application, and the Minister must decide to either refuse to give the indicative approval or give the indicative approval with or without conditions.

(4)Subsection (5) applies if—

(a)the indicative approval indicates the Minister will approve the proposed prescribed dealing; and

(b)within the prescribed period, the prescribed applicant applies to the Minister under section 19 for approval of the proposed prescribed dealing.

(5)The Minister must grant the approval in accordance with the indicative approval unless—

(a)the proposed prescribed dealing is a transfer of the resource authority, or a share in the resource authority, and the proposed transferee is not eligible to be a resource authority holder under this Act or the relevant Resource Act; or

(b)the application for the indicative approval contained incorrect material information or omitted material information and, had the Minister been aware of the discrepancy, the Minister would not have given the indicative approval; or

(c)preconditions for the indicative approval have not been complied with.

(6)To remove any doubt, it is declared that granting of the approval is subject to sections 20, 21 and 22.

(7)In this section—

preconditions, for an indicative approval, means conditions imposed on the approval under this section that must be complied with before a related application is made for approval under section 19.

prescribed applicant, for a proposed prescribed dealing, means the entity that may, under section 19(1), apply for approval of the dealing.

23AEffect of registration and Minister’s approval

The registration of a prescribed dealing or notifiable dealing under this part, or an approval of the Minister under section 19, allows the dealing to have effect according to its terms but does not of itself give the dealing any more effect or validity than it would otherwise have.

32What is an associated agreement

(1)An associated agreement, for a resource authority, means an agreement relating to the resource authority.

(2)However, neither of the following agreements is an associated agreement—

(a)a prescribed dealing;

(b)a notifiable dealing;

(c)another agreement prescribed by regulation.

33Recording associated agreements

(1)The holder of a resource authority to which an associated agreement relates may apply to the chief executive to have the agreement recorded in the register against the resource authority.

(2)The application may include the date on which the associated agreement expires and it is to be removed from the register.

(3)Chapter 6, part 1 applies for processing the application.

(4)After lodgement of a valid application, the chief executive must record the associated agreement in the register against the resource authority to which the agreement relates.

(5)The chief executive is not required to examine, or to determine the validity of, an associated agreement.

34Effect of recording associated agreements

The recording of an associated agreement in the register does not of itself—

(a)give the agreement any more effect or validity than it would otherwise have; or

(b)create an interest in the resource authority against which it is recorded.

35Removing associated agreements from register

(1)The holder of a resource authority to which an associated agreement relates may apply to the chief executive to have the agreement removed from the register.

(2)Chapter 6, part 1 applies for processing the application.

(3)After lodgement of a valid application, the chief executive must remove the associated agreement from the register.

36Making of land access codes

A regulation may make 1 or more codes for all Resource Acts (each a land access code) that—

(a)states best practice guidelines for communication between the holders of resource authorities and owners and occupiers of land, public land authorities and public road authorities; and

(b)imposes on resource authorities mandatory conditions concerning the conduct of authorised activities on land.

37Application of part

This part does not apply in relation to the following resource authorities under the Mineral Resources Act—

(a)a prospecting permit;

(b)a mining claim;

(c)a mining lease.

38Application of division

This division applies to an entry to private land for the purpose of—

(a)carrying out an authorised activity for a resource authority; or

(b)crossing access land for the resource authority; or

(c)gaining entry to access land for the resource authority.; or

(d)undertaking a subsidence activity as provided under division 4A.

39Obligation to give entry notice to owners and occupiers

(1)A person must not enter private land for a purpose mentioned in section 38 unless the resource authority holder has given each owner and occupier of the land an entry notice about the entry.

Maximum penalty—500 penalty units.

(2)An entry notice is invalid if—

(a)it does not comply with the prescribed requirements for the notice; or

(b)it states a period for entry that is longer than the maximum period for entry; or

(c)it is not given to an owner or occupier at least 10 business days before the entry.

(3)However, an entry notice is not invalid if—

(a)given to an owner or occupier less than 10 business days before the entry; and

(b)the owner or occupier has agreed in writing to the shorter period.

(4)In this section—

give includes to give by publication if the resource authority holder has been given an approval to do so under section 41 and complies with the approval.

maximum period for entry means the maximum period, prescribed by regulation, that access to land is to be allowed for a particular entry to the land.

40Exemptions from obligations

(1)An obligation under this division to give an entry notice about an entry to private land for a purpose mentioned in section 38 does not apply if—

(a)the resource authority holder owns the land; or

(b)the resource authority holder has an independent legal right to enter the land for the purpose; or

(c)the entry is to preserve life or property or because of an emergency that exists or may exist; or

(d)the entry is authorised under the relevant Resource Act for the resource authority; or

(e)the entry is of a type prescribed by regulation.

(2)An obligation under this division to give an entry notice about an entry to private land for a purpose mentioned in section 38 also does not apply if the resource authority holder has 1 of the following with each owner and occupier of the land—

(a)a waiver of entry notice for the entry that is in effect;

Note—

An owner or occupier of land may give a waiver of entry notice for an entry to the land. See section 42.

(b)a conduct and compensation agreement for the land and—

(i)the agreement provides for alternative obligations for the entry; and

(ii)the holder complies with the alternative obligations for the entry;

(c)an opt-out agreement.

(3)Further, an obligation under this division to give an entry notice about an entry to private land for a purpose mentioned in section 38 does not apply if the entry is for the purpose of carrying out an authorised activity for the resource authority that is aerial surveying carried out at 1,000ft or more above land.

(34)In this section—

independent legal right, to enter land, means a right to enter the land that is enforceable under any law, including a common law right, but does not include a right to enter the land under this Act or a Resource Act.

Example of an independent legal right to enter land—

a contractual arrangement allowing a party to the contract to enter particular land

41Approval to give entry notices by publication

(1)A resource authority holder may apply to the chief executive for approval to give an entry notice by publishing it in a stated way.

(2)The application may relate to more than 1 entry notice or a particular type of entry.

(3)The chief executive may give the approval only if satisfied—

(a)the publication will happen at least 20 business days before the entry; and

(b)for an owner or occupier who is an individual—it is impracticable to give the owner or occupier the notice personally.

(4)Chapter 6, part 1 applies for processing the application, and the chief executive must decide to either refuse to give the approval or give the approval with or without conditions.

42Right to give waiver of entry notice

(1)An owner or occupier of land may give a waiver of entry notice for an entry made to the land for a purpose mentioned in section 38.

(2)A waiver of an entry notice—

(a)is invalid if it does not comply with the prescribed requirements for the notice; and

(b)can not be withdrawn during the notified period; and

(c)ceases to have effect at the end of the notified period.

(3)In this section—

notified period, for a waiver of entry notice, means the period stated in the notice as the period during which the land may be entered.

43Carrying out advanced activities on private land requires agreement

(1)A person must not enter private land to carry out an advanced activity for a resource authority unless each owner and occupier of the land—

(a)is a party to a conduct and compensation agreement about the advanced activity and its effects; or

(b)is a party to a deferral agreement; or

(c)has elected to opt out from entering into a conduct and compensation agreement or deferral agreement under section 45; or

(d)is a party to—

(i)an arbitration under part 7, division 2, subdivision 3A; or

(ii)an application to the Land Court under section 96.

Maximum penalty—500 penalty units.

(2)This section does not apply for an entry to private land to carry out an advanced activity for a resource authority if—

(a)the resource authority holder owns the land; or

(b)the resource authority holder has an independent legal right to enter the land to carry out the activity; or

(c)the entry is to preserve life or property or because of an emergency that exists or may exist; or

(d)the entry is authorised under the relevant Resource Act for the resource authority; or

(e)the entry is of a type prescribed by regulation.

(3)This section does not limit the requirement under section 39 for a person to give an entry notice about the entry to private land for a purpose mentioned in section 38.

(4)In this section—

independent legal right, to enter land, means a right to enter the land that is enforceable under any law, including a common law right, but does not include a right to enter the land under this Act or a Resource Act.

44Deferral agreements

(1)An owner or occupier of land may enter into an agreement (a deferral agreement) with a resource authority holder that a conduct and compensation agreement can be entered into after entry to the land.

(2)A deferral agreement is invalid if it does not comply with the prescribed requirements for the agreement.

45Right to elect to opt out

(1)An owner or occupier of land may elect to opt out of entering into a conduct and compensation agreement or a deferral agreement with a resource authority holder.

(2)The election to opt out is an opt-out agreement and is invalid if it does not comply with the prescribed requirements for the agreement.

(3)Despite any term of the opt-out agreement, either party to the agreement may, by giving written notice to the other parties to the agreement, unilaterally terminate the agreement within 10 business days of a signed copy of the agreement being given to the owner or occupier of land.

(4)An opt-out agreement for land ends—

(a)according to its terms; or

(b)if the resource authority ends; or

(c)if it is terminated by a party under subsection (3); or

(d)if the parties enter into any of the following agreements—

(i)a deferral agreement;

(ii)a conduct and compensation agreement:

(iii)another opt-out agreement for the land.

Note—

An opt-out agreement does not negate a resource authority holder’s liability to compensate an eligible claimant. See section 81.

46Application of division

This division does not apply in relation to mineral development licences under the Mineral Resources Act.

47Limited access to private land outside authorised area

(1)A resource authority holder may exercise an access right over access land if—

(a)the following have agreed orally or in writing to the exercise of the rights—

(i)if exercising the rights is likely to have a permanent impact on access land—each owner and occupier of the land;

(ii)if exercising the rights is unlikely to have a permanent impact on access land—each occupier of the land; or

(b)the exercise of the rights is needed to preserve life or property or because of an emergency that exists or may exist.

(2)An agreement about the exercise of the rights mentioned in subsection (1)(a) is an access agreement.

(3)In this section—

access land, for a resource authority, means land, outside the authorised area for the resource authority, that it is reasonably necessary to allow the holder to cross in order to enter the authorised area.

Note—

See section 49 for the criteria for deciding whether access is reasonable.

access rights, over access land for a resource authority, means the right to—

(a)cross the access land if it is reasonably necessary to allow the holder to enter the authorised area; and

(b)carry out activities on the access land that are reasonably necessary to allow the crossing of the land.

Example for paragraph (b)—

opening a gate or fence

permanent impact, on land, means a continuing effect on the land or its use or a permanent or long-term adverse effect on its current lawful use by an occupier of the land.

Example of an exercise of access rights that is likely to have a permanent impact—

building a road

Example of an exercise of access rights that is unlikely to have a permanent impact—

opening or closing a gate

48Owner or occupier must not unreasonably refuse to make access agreement

(1)An owner or occupier of access land must not, if asked by a resource authority holder, unreasonably refuse to make an access agreement with the holder.

(2)For subsection (1), the owner or occupier does not unreasonably refuse only because the owner or occupier asks for the agreement to be subject to reasonable and relevant conditions offered by the owner or occupier.

(3)If an owner or occupier has not made an access agreement within 20 business days after being asked to make the agreement by a resource authority holder, the owner or occupier is taken to have refused to make the agreement.

Note—

Either party may refer a refusal under subsection (1) or (3) to the Land Court to decide whether the refusal is unreasonable. See section 52.

49Criteria for deciding whether access is reasonable

(1)This section provides for matters to be considered in deciding whether—

(a)it is reasonably necessary for a resource authority holder to cross access land to allow the holder to enter the authorised area for the resource authority; or

(b)it is reasonably necessary for a resource authority holder to carry out activities on access land to allow the crossing of the land; or

(c)an owner or occupier of access land has unreasonably refused to make an access agreement.

(2)The resource authority holder must first show it is not possible or reasonable to exercise the access rights by using a formed road.

(3)After subsection (2) has been satisfied, the following must be considered—

(a)the nature and extent of any impact the exercise of the access rights will have on access land and the owner or occupier’s use and enjoyment of it;

(b)how, when and where, and the period during which, the resource authority holder proposes to exercise the access rights.

(4)In this section—

formed road means any existing road or track on private land or public land used, or that may reasonably be capable of being used, to drive or ride motor vehicles.

50Additional topics for access agreements

(1)This section applies if a resource authority holder and an owner or occupier of access land make an access agreement for the exercise of access rights over the access land.

(2)The access agreement may provide for alternative obligations, for entry to the access land, to the entry notice obligations under section 39.

(3)If the access agreement is in writing, it may include a conduct and compensation agreement for the exercise or future exercise of access rights by the resource authority holder.

51Other rights to grant entry not affected

This subdivision does not limit or otherwise affect the ability of an owner or occupier to grant a resource authority holder a right of access to land, including, for example, by the grant of an easement.

52Power of Land Court to decide access agreement

(1)If a dispute arises between a resource authority holder and an owner or occupier of land (the parties) about a matter mentioned in section 49(1), either party may apply to the Land Court for it to decide the matter.

(2)In deciding the matter, the Land Court—

(a)must have regard to section 49(2) and (3); and

(b)may impose conditions it considers appropriate for the exercise of the access rights.

(3)Conditions imposed under subsection (2)(b) are taken to be—

(a)if there is already an access agreement between the parties—conditions of that agreement; or

(b)if there is no access agreement between the parties—an access agreement between the parties.

53Power of Land Court to vary access agreement

(1)A resource authority holder, or an owner or occupier of land, may apply to the Land Court to vary an access agreement between them.

(2)In deciding the application, the Land Court must have regard to section 49(2) and (3).

(3)The Land Court may vary the access agreement only if it considers the change is appropriate because of a material change in circumstances.

(4)This section does not prevent the owner or occupier and the resource authority holder from agreeing to vary the access agreement.

(5)The power of the Land Court to vary an access agreement is not limited by part 6.

54Report to owners and occupiers

(1)This section applies if—

(a)private land has been entered to carry out authorised activities for a resource authority; or

(b)access land for a resource authority has been entered in the exercise of the access rights over the land.; or

(c)private land has been entered to undertake a subsidence activity as provided under division 4A.

(2)The holder of the resource authority must, within the prescribed period, give each owner and occupier of the land a report about the entry.

(3)The report must comply with the prescribed requirements for the report.

(4)This section does not apply if the entry to the land is for the purpose of carrying out an authorised activity for the resource authority that is aerial surveying carried out at 1,000ft or more above land.

56Application of division

(1)This division applies for—

(a)an entry to public land; and

(b)the use of a public road, other than a notifiable road use.

Note—

For the obligations of a resource authority holder for a notifiable road use, see division 2.

(2)However, this division does not apply in relation to the following resource authorities under the Mineral Resources Act—

(a)a prospecting permit;

(b)a mining claim;

(c)a mining lease.

57What is a periodic entry notice

(1)A periodic entry notice is the first notice about an entry, or series of entries, to public land to carry out an authorised activity for a resource authority.

(2)A periodic entry notice must—

(a)state the period (the entry period) for which the resource authority holder, or any of the holder’s employees or agents, may enter the land to carry out the authorised activity; and

(b)be given to the public land authority no less than the prescribed period before the start of the entry period; and

(c)otherwise comply with the prescribed requirements for the notice.

(3)An entry period can not be longer than the prescribed period applying for the entry unless the public land authority agrees in writing to a longer period.

(4)A periodic entry notice that does not comply with this section is invalid.

58Entry to public land to carry out authorised activity is conditional

(1)A person must not enter public land to carry out an authorised activity for a resource authority unless—

(a)the activity is an activity that may be carried out by a member of the public without requiring specific approval of the public land authority for the land; or

Example—

travelling on a public road in the area of the resource authority

(b)the public land authority for the land has given a waiver of entry notice for the entry; or

(c)the entry is made in compliance with a periodic entry notice given by the resource authority holder to the public land authority for the land under section 57; or

(d)the entry is needed to preserve life or property or because of an emergency that exists, or may exist.

Maximum penalty—100 penalty units.

(2)A person may comply with subsection (1)(b) or (c) despite merely being an applicant for the resource authority at the time of giving the notice.

59Conditions public land authority may impose

(1)This section applies if a resource authority holder gives a public land authority a periodic entry notice about an entry to public land to carry out an authorised activity for the resource authority.

(2)The public land authority may, for the entry period stated in the notice, impose reasonable and relevant conditions on the resource authority holder about the entry to the public land or the carrying out of the authorised activity.

(3)The conditions may, for example, be about—

(a)giving the public land authority, at stated intervals, notice of particular activities being carried out on the land by or for the holder; or

(b)affecting other owners and occupiers of the public land.

(4)However, if the public land authority imposes a condition about giving the authority further notice of subsequent entries made during the entry period, the condition must require the notice be given—

(a)generally—at least 2 business days before the entry; or

(b)if the holder and the public land authority have agreed to a longer or shorter period for giving the notice—within the agreed period.

(5)The public land authority can not impose a condition for a resource authority or its relevant environmental authority that is—

(a)the same as a condition already applying to the authority; or

(b)substantially the same as a condition already applying to the authority; or

(c)inconsistent with a condition already applying to the authority.

(6)However, if the public land authority is the chief executive of the department in which the Nature Conservation Act 1992 is administered, that chief executive may impose a condition more stringent than the environmental authority’s conditions.

(7)The public land authority may vary any condition it imposes if the condition would otherwise be inconsistent with the requirements under subsection (5).

(8)If the public land authority decides—

(a)to impose a condition, other than a condition agreed to or requested by the resource authority holder; or

(b)to vary a condition, other than a variation agreed to or requested by the resource authority holder;

it must give the holder an information notice about the decision.

(9)The resource authority holder must comply with the conditions imposed by the public land authority.

Maximum penalty for subsection (9)—100 penalty units.

(10)In this section—

entry period, for a periodic entry notice, see section 57(2).

60Right to give waiver of entry notice

(1)A public land authority for land may give a waiver of entry notice for an entry made to the land to carry out an authorised activity for a resource authority.

(2)A waiver of an entry notice—

(a)is invalid if it does not comply with the prescribed requirements for the notice; and

(b)can not be withdrawn during the notified period; and

(c)ceases to have effect at the end of the notified period.

(3)In this section—

notified period, for a waiver of entry notice, means the period stated in the notice as the period during which the land may be entered.

61Application of division

This division applies to the use of a public road if the use is a notifiable road use.

62What is a notifiable road use

A notifiable road use, of a public road, is the use of the road as prescribed by regulation.

63Use of public roads for notifiable road use

(1)A resource authority holder must not use a public road for a notifiable road use unless—

(a)the holder has given the public road authority for the road a notice, complying with the prescribed requirements, that the holder proposes to carry out the use; and

(b)1 of the following applies—

(i)the holder and the relevant public road authority have signed a compensation agreement for the use;

(ii)the public road authority has given written consent to the carrying out of the use;

(iii)an application has been made under section 100 to decide the holder’s compensation liability to the public road authority relating to the road.

(2)A requirement of a resource authority holder under subsection (1) is taken to be a condition of the resource authority.

64Directions about notifiable road use

(1)The public road authority for a public road may, by written notice, give a resource authority holder a reasonable direction (a road use direction) about the way the holder may use the road for a notifiable road use.

Examples of what a direction may be about—

•when the road may be used

•the route for the movement of heavy vehicles

•safety precautions the holder must take

(2)The road use direction may also require the holder to—

(a)carry out an assessment of the impacts likely to arise from a notifiable road use the subject of the notice; and

(b)consult with the public road authority in carrying out the assessment.

(3)However—

(a)an assessment can not be required if the notifiable road use is transport relating to a seismic survey or drilling activity; and

(b)the public road authority can not require an assessment of an impact to the extent it has already been assessed under an EIS under the Environmental Protection Act or a similar document under another Act.

(4)A road use direction is invalid—

(a)to the extent it is about more than the following matters—

(i)preserving the condition of the road;

(ii)the safety of road users or the public; and

(b)if it is not accompanied by, or does not include, an information notice about the decision to give the direction.

(5)Compliance with a road use direction given to a resource authority holder is taken to be a condition of the resource authority.

65Exemptions from div 2

(1)A resource authority or a project may be prescribed by regulation as being exempt from some or all of the provisions of this division.

(2)An exemption prescribed under subsection (1) may include conditions that must be complied with for the exemption to apply.

66Application of part

This part is additional to, and does not limit, parts 2 and 3.

67Definitions for part

In this part—

prescribed activity, for a resource authority—

(a)means an authorised activity for the resource authority that is carried out—

(i)on the surface of land; or

(ii)below the surface of land in a way that is likely to cause an impact on the surface of the land, including, for example, subsidence of the land; and

(b)does not include—

(i)the installation of an underground pipeline or cable if the installation, including the placing of backfill, is completed within 30 days after the start of the installation; or

(ii)the operation, maintenance or decommissioning of an underground pipeline or cable; or

(iii)an activity that may be carried out on land by a member of the public without requiring specific approval of an entity; or

Example—

travelling on a public road in the area of a resource authority

(iv)crossing land in order to enter the area of the resource authority if the only entry to the area is through the land and—

(A)each owner and occupier of the land has agreed in writing to the resource authority holder crossing the land; or

(B)if an owner or occupier of the land has refused to agree to the resource authority holder crossing the land—the refusal is unreasonable having regard to the matters mentioned in section 49(2) and (3); or

(v)an activity prescribed by regulation.

relevant owner or occupier, for restricted land for a resource authority, see section 69.

restricted land, for a resource authority, see section 68.

68What is restricted land

(1)Restricted land, for a production resource authority or exploration resource authority, means—

(a)land within 200m laterally of any of the following—

(i)a permanent building used for any of the following purposes—

(A)a residence;

(B)a childcare centre, hospital or library;

(C)a community, sporting or recreational purpose or as a place of worship;

(D)a business;

(ii)an area used for any of the following purposes—

(A)a school;

(B)a prescribed ERA, under the Environmental Protection Act, that is aquaculture, intensive animal feedlotting, pig keeping or poultry farming;

(iii)an area, building or structure prescribed by regulation; or

(b)land within 50m laterally of any of the following—

(i)an area used for any of the following purposes—

(A)an artesian well, bore, dam or water storage facility;

(B)a principal stockyard;

(C)a cemetery or burial place;

(ii)an area, building or structure prescribed by regulation.

(2)Restricted land, for a resource authority other than a production resource authority or exploration resource authority, means land within 50m laterally of any area, building or structure mentioned in subsection (1).

(3)However, despite subsection (1), land is only restricted land for a production resource authority if the use of the area, building or structure mentioned in the subsection started before the application for the resource authority was made.

(4)In this section—

exploration resource authority means a resource authority that is—

(a)an exploration permit or mineral development licence under the Mineral Resources Act; or

(b)an authority to prospect under the P&G Act; or

(c)an authority to prospect under the 1923 Act; or

(d)a geothermal exploration permit under the Geothermal Act; or

(e)a GHG exploration permit under the Greenhouse Gas Act.

place of worship means a place used for the public religious activities of a religious association, including, for example, the charitable, educational and social activities of the association.

production resource authority means a resource authority that is—

(a)any of the following under the Mineral Resources Act—

•a mining claim;

•a mining lease; or

(b)any of the following under the P&G Act—

•a petroleum lease;

•a pipeline licence;

•a petroleum facility licence; or

(c)a lease under the 1923 Act; or

(d)a geothermal production lease under the Geothermal Act; or

(e)a GHG injection and storage lease under the Greenhouse Gas Act.

water storage facility—

(a)means an artificially constructed water storage facility that is connected to a water supply; and

(b)does not include an interconnecting water pipeline.

69Who is a relevant owner or occupier

A relevant owner or occupier, for restricted land for a resource authority, is—

(a)for restricted land mentioned in section 68(1)(a)(i)—an owner or occupier of the permanent building; or

(b)for restricted land mentioned in section 68(1)(a)(ii)—an owner or occupier of the area; or

(c)for restricted land mentioned in section 68(1)(a)(iii), (1)(b) or (2)—an owner or occupier of the area, building or structure.

70Consent required for entry on restricted land

(1)A person must not enter restricted land for a resource authority, to carry out a prescribed activity for the resource authority, unless each relevant owner or occupier for the restricted land has given written consent to the resource authority holder to carry out the activity.

(2)The consent may be given on conditions.

(3)The conditions of the consent are taken to be conditions of the resource authority.

(4)The consent can not be withdrawn during the period stated in the consent as the period during which the holder may enter the land.

(5)This section does not apply to restricted land for a mining claim or mining lease under the Mineral Resources Act.

72Application to Land Court for declaration

(1)A prescribed person may apply to the Land Court for an order declaring the following—

(a)whether particular land is restricted land for a resource authority or the Mineral Resources Act, schedule 1, section 2;

(b)whether a particular activity is a prescribed activity for a resource authority.

(2)The Land Court must—

(a)if an application is made under subsection (1)(a)—make an order declaring whether the land is restricted land for the resource authority or the Mineral Resources Act, schedule 1, section 2; or

(b)if an application is made under subsection (1)(b)—make an order declaring whether the activity is a prescribed activity.

(3)The Court may make the other orders the Court considers appropriate.

(4)In this section—

prescribed person, for land, means—

(a)an owner or occupier of the land; or

(b)a holder of a resource authority for an area including the land; or

(c)a person carrying out, or intending to carry out, an activity on the land under the Mineral Resources Act, section 386V.

72AApplication of part

This part applies in relation to all resource authorities.

72B Right of access for authorised activities includes access for rehabilitation and environmental management

(1)This section applies if—

(a)under part 2 or 3, the holder of a resource authority has the right to enter private land or public land to carry out authorised activities for the resource authority; or

(b)under the Mineral Resources Act, the holder of a prospecting permit, mining claim or mining lease has the right to enter land to carry out authorised activities for the resource authority.

(2)The right includes a right to enter the land to carry out rehabilitation or environmental management required of the holder under any relevant environmental requirement under the Environmental Protection Act.

73Application of part

(1)This part applies for a resource authority (the first resource authority) in relation to entry to land that is—

(a)outside its authorised area; and

(b)in the authorised area of another resource authority (the second resource authority).

(2)However, this part does not apply if the first resource authority is any of the following resource authorities under the Mineral Resources Act—

(a)a prospecting permit;

(b)a mining claim;

(c)a mining lease.

(3)If the land is also private land or public land (including restricted land), this part applies in addition to any obligations under part 2, 3 or 4.

74Definitions for part

In this part—

first resource authority, for chapter 3part 5, see section 73(1).

second resource authority, for chapter 3, part 5, see section 73(1)(b).

75Access if second resource authority is a lease

If the second resource authority is a lease, the first resource authority holder may enter the land only if the second resource authority holder has consented in writing to the entry.

76Access if second resource authority is not a lease

(1)If the second resource authority is not a lease, the first resource authority holder may do the following without the second resource authority holder’s consent—

(a)cross the land if it is reasonably necessary to allow the first resource authority holder to enter the first resource authority’s authorised area;

(b)carry out activities on the land that are reasonably necessary to allow the crossing of the land.

(2)However, a right under subsection (1) may be exercised only if its exercise does not adversely affect the carrying out of an authorised activity for the second resource authority.

(3)Subsection (2) applies whether or not the authorised activity has already started.

77Access agreements, entry notices and waivers not affected by dealing

A dealing in relation to a resource authority does not affect any of the following—

(a)an access agreement made in relation to the resource authority;

(b)an entry notice given for the resource authority;

(c)a waiver of entry notice made for the resource authority.

78Entry notice and waivers not affected by change in ownership or occupancy

(1)If, after the giving of an entry notice under section 39, the ownership or occupancy of the affected land changes, the resource authority holder for which the entry notice was given is taken to have given that notice to each new owner or occupier of the land.

(2)If, after the giving of a waiver of entry notice, the ownership or occupancy of the affected land changes, each new owner or occupier of the land is taken to have given that waiver of entry notice.

(3)However, subsections (1) and (2) cease to apply for an entry notice or waiver of entry notice if the resource authority holder becomes aware of a new owner or occupier for the affected land and the holder does not give the new owner or occupier a copy of the notice or waiver within 15 business days.

79Written access agreement binds successors and assigns

A written access agreement binds the parties to the agreement, and each of their successors and assigns.

80Application of division

This division does not apply in relation to the following resource authorities under the Mineral Resources Act—

(a)a prospecting permit;

(b)a mining claim;

(c)a mining lease.

81General liability to compensate

(1)A resource authority holder is liable to compensate the following persons (each an eligible claimant) for each compensatable effect suffered by the eligible claimant because of the holder—

(a)an owner or occupier of private land that is—

(i)in the authorised area of the resource authority; or

(ii)access land for the resource authority;

(b)an owner or occupier of public land that is—

(i)in the authorised area of the resource authority; or

(ii)access land for the resource authority.

(2)The resource authority holder’s liability to compensate an eligible claimant under subsection (1) is the resource authority holder’s compensation liability to the eligible claimant.

(3)This section does not apply to a public road authority for a notifiable road use.

(4)In this section—

compensatable effect, suffered by an eligible claimant because of a resource authority holder, means—

(a)any of the following caused by the holder, or a person authorised by the holder, carrying out authorised activities on the eligible claimant’s land—

(i)deprivation of possession of the land’s surface;

(ii)diminution of the land’s value;

(iii)diminution of the use made, or that may be made, of the land or any improvement on it;

(iv)severance of any part of the land from other parts of the land or from other land that the eligible claimant owns;

(v)any cost, damage or loss arising from the carrying out of activities under the resource authority on the land; and

(b)consequential loss incurred by the eligible claimant arising out of a matter mentioned in paragraph (a).

82Application of division

This division does not apply in relation to the following resource authorities under the Mineral Resources Act—

(a)a prospecting permit;

(b)a mining claim;

(c)a mining lease.

83Conduct and compensation agreement

(1)An eligible claimant and a resource authority holder may enter into an agreement (a conduct and compensation agreement) about—

(a)how and when the holder may enter the land for which the eligible claimant is an eligible claimant; and

(b)how authorised activities, to the extent they relate to the eligible claimant, must be carried out; and

(c)the holder’s compensation liability to the claimant or any future compensation liability that the holder may have to the claimant.

(2)However, a conduct and compensation agreement can not be inconsistent with this Act, the relevant Resource Act, a condition of the resource authority or a mandatory provision of the relevant land access code, and is unenforceable to the extent of the inconsistency.

(3)A conduct and compensation agreement—

(a)may relate to all or part of the liability or future liability; and

(b)may be incorporated into another agreement.

Example for paragraph (b)—

an easement

(4)A conduct and compensation agreement is invalid if it does not comply with the prescribed requirements for the agreement.

83AParty may request conference

(1)This section applies if a dispute arises about a matter mentioned in section 83(1)(a), (b) or (c).

(2)Either the resource authority holder or eligible claimant (each a party) may give a notice (a conference election notice) to the other party requesting the other party to participate in a conference conducted by an authorised officer to seek to negotiate a resolution of the dispute.

(3)The conference election notice must state—

(a)details of the matters the subject of the dispute; and

(b)any other information prescribed by regulation.

(4)However, a conference election notice may not be given under subsection (1) if an ADR election notice or arbitration election notice has already been given about the matters the subject of the dispute.

83BConduct of conference

(1)This section applies if a conference election notice is given under section 83A.

(2)The conference must be conducted under the prescribed requirements.

(3)The authorised officer conducting the conference must take all reasonable steps to hold the conference within 20 business days after the conference election notice is given (the usual period).

(4)A party may, within the usual period, ask the other party for a longer period because of stated reasonable or unforeseen circumstances.

(5)If the parties agree to a longer period, and the authorised officer consents to the longer period, the longer period applies instead of the usual period.

(6)If a party gives the other party an ADR election notice, or arbitration election notice, about a matter mentioned in section 83A(3)(a), the conference ends.

(7)Nothing said by a person at the conference is admissible in evidence in a proceeding without the person’s consent.

84Notice of intent to negotiate

(1)A resource authority holder may give an eligible claimant to whom the holder has a compensation liability a notice (the negotiation notice) that the holder wishes to negotiate a conduct and compensation agreement or a deferral agreement with the eligible claimant.

(2)The negotiation notice is invalid if it does not comply with the prescribed requirements for the notice.

85Negotiations

(1)On the giving of the negotiation notice, the resource authority holder and the eligible claimant (the parties) must use all reasonable endeavours to negotiate a conduct and compensation agreement or a deferral agreement.

(2)The period of the negotiations—

(a)must be at least for the prescribed period (the minimum negotiation period); and

(b)may continue for a longer period agreed to by the parties.

(3)If the parties agree to a longer period, the agreed longer period is the minimum negotiation period.

(4)The negotiations under this subdivision end if the parties enter into an opt-out agreement.

86No entry to land during minimum negotiation period

(1)If, during the minimum negotiation period, the parties enter into a conduct and compensation agreement or a deferral agreement, the resource authority holder can not enter the relevant land to carry out advanced activities for the resource authority until the period ends.

(2)Subsection (1) applies despite the terms of the agreement.

87Cooling-off during minimum negotiation period

(1)This section applies if the parties enter into a conduct and compensation agreement or a deferral agreement during the minimum negotiation period.

(2)Either party may, within the minimum negotiation period, terminate the agreement by giving notice to the other party.

(3)On the giving of a notice under subsection (2), the terminated agreement is taken never to have had any effect.

(4)To remove any doubt, it is declared that subsection (3) does not change the time when the negotiation notice was given.

88Party may seekrequire ADR

(1)This section applies if, at the end of the minimum negotiation period, the parties have not entered into a conduct and compensation agreement relating to a dispute about a matter mentioned in section 83(1).

(2)Either party may give a notice (an ADR election notice) to the other party requiring the other party to participate in a non-binding alternative dispute resolution process (an ADR) to seek to negotiate a resolution of the dispute.

(3)For subsection (2), the dispute is resolved by the parties entering into a conduct and compensation agreement.

(3)The ADR may be a non-binding process of any type, including, for example, a case appraisal, conciliation, mediation or negotiation.

(4)The ADR election notice must state—

(a)details of the matters the subject of the dispute; and

(b)the type of ADR proposed; and

(c)the name of an ADR facilitator, who is independent of both parties, proposed to conduct the ADR; and

(d)that the resource authority holder is liable for the costs of the ADR facilitator; and

(e)any other information prescribed by regulation.

(54)A party given an ADR election notice must, within 10 business days after the notice is given, accept or refuse the type of ADR, and the ADR facilitator, proposed in the notice.

(65)If the party given an ADR election notice does not accept, under subsection (5)subsection (4), the type of ADR or ADR facilitator proposed in the notice, the party giving the notice may make another proposal, or obtain a decision from the Land Court or a prescribed ADR institute, about the matter not accepted.

(76)If a party obtains a decision under subsection (6)subsection (5) from the Land Court or a prescribed ADR institute, the party must give the other party notice of the decision.

(7)Chapter 7A, part 1, division 2 applies to the ADR.

(8)The Civil Proceedings Act 2011, part 6, division 5 applies to an ADR conducted by an ADR facilitator as if—

(a)a reference to an ADR process included a reference to the ADR; and

(b)a reference to an ADR convenor included a reference to the ADR facilitator.

91Recovery of negotiation and preparation costs

(1)This section applies if an eligible claimant necessarily and reasonably incurs negotiation and preparation costs in entering or seeking to enter into a conduct and compensation agreement or deferral agreement with a resource authority holder.

(2)The resource authority holder is liable to pay to the eligible claimant the negotiation and preparation costs necessarily and reasonably incurred.

91AParty may request arbitration

(1)This section applies if—

(a)a party has given a negotiation notice under section 84 to another party seeking to negotiate the resolution of a dispute and at the end of the minimum negotiation period, the parties have not negotiated a conduct and compensation agreement or deferral agreement; or

(b)a party has given an ADR election notice under section 88 to another party seeking to negotiate the resolution of a dispute and at the end of the ADR period applying under section 89(2) or (4)for the ADR, the parties have not entered into a conduct and compensation agreement.

(2)Either party may give a notice (an arbitration election notice) to the other party requesting the other party to participate in an arbitration to decide the dispute.

(3)The arbitration election notice must state—

(a)details of the matters the subject of the dispute; and

(b)the name of an arbitrator, who is independent of both parties, proposed to conduct the arbitration; and

(c)that, if the request for arbitration is accepted, an application to the Land Court under section 96 for a decision about the dispute can not be made; and

(d)that the costs of the arbitration are payable by the parties as mentioned in section 91E; and

(f)any other information prescribed by regulation.

(43)A party given an arbitration election notice must, within 15 business days after the notice is given, accept or refuse the request for arbitration.

(4)If a party given an arbitration election notice does not accept the request for arbitration within 15 business days after the notice is given, the party is taken to refuse the request.

(5)If the request for arbitration is accepted under subsection (4)subsection (3), the parties may, within 10 business days after the acceptance, jointly appoint the arbitrator proposed under subsection (3)(b)in the arbitration election notice, or another arbitrator, to conduct the arbitration.

(6)If the parties do not, under subsection (5), jointly appoint an arbitrator, the party giving the arbitration election notice must require a prescribed arbitration institute to appoint an arbitrator, who is independent of both parties, to conduct the arbitration.

(7)A prescribed arbitration institute does not incur any civil monetary liability for an act or omission in the performance, or purported performance, of a function under subsection (6) unless the act or omission is done or made in bad faith or through negligence.

(8)Chapter 7A, part 2, division 2 applies to the arbitration.

91FEffect of arbitrator’s decision

(1)The arbitrator’s decision is final.

(2)The parties may not apply for review of, or appeal against, the decision.

(3)The arbitrator’s decision does not limit or otherwise affect a power of the Supreme Court to decide a decision of the arbitrator is affected by jurisdictional error.

(4)The arbitrator’s decision has the same effect as if the parties had entered into a binding and enforceable agreement to the same effect as the decision.

92Particular agreements to be recorded on titles

(1)A resource authority holder that is a party to either of the following agreements must, within 28 days after entering into the agreement, give the registrar notice of the agreement in the appropriate form—

(a)a conduct and compensation agreement;

(b)an opt-out agreement.

(2)If given a notice under subsection (1), the registrar must record in the relevant register the existence of the agreement.

(3)Subsection (4) applies if—

(a)the agreement ends; or

(b)the land the subject of the agreement is subdivided, in whole or part, and the agreement does not apply to land within a new lot that is created as a result of the subdivision.

(4)The resource authority holder that is a party to the agreement must give the registrar notice of the matter in the appropriate form within 28 days after—

(a)if subsection (3)(a) applies—the agreement ends; or

(b)if subsection (3)(b) applies—the day the resource authority holder becomes aware the land has been subdivided.

(5)If the registrar is given a notice under subsection (4) in relation to an agreement that has ended, the registrar must, if satisfied the agreement has ended or is no longer relevant for the land, remove the particulars of the agreement from the relevant register.

(6)If the registrar is given a notice under subsection (4) in relation to the subdivision of land, the registrar must, if satisfied the agreement is not relevant for a new lot created by the subdivision, remove the particulars of the agreement from the relevant register to the extent it relates to the new lot.

(7)The registrar must also remove the particulars of the agreement from the relevant register if—

(a)requested to do so, in the appropriate form, by a party to the agreement; and

(b)the registrar is satisfied the agreement has ended or is no longer relevant for the land.

(8)A resource authority holder complying with subsection (1) or (4) is liable for the costs of recording the agreement in, or removing the agreement from, the relevant register.

(9)A notice given under this section is invalid if it does not comply with the prescribed requirements for the notice.

(10)A requirement of a resource authority holder under subsection (1) or (4) is a condition of the resource authority.

(11)In this section—

appropriate form—

(a)if the agreement relates to land to which the Land Title Act 1994 applies—see schedule 2 of that Act;

(b)if the agreement relates to land to which the Land Act 1994 applies—see schedule 6 of that Act.

party, to a conduct and compensation agreement or opt-out agreement, includes the successors and assigns of the party that are bound by the agreement under chapter 3, part 7, division 5.

registrar means the registrar of titles under the Land Title Act 1994.

relevant register means—

(a)for freehold land—the freehold land register; or

(b)for any other land—the registry under section 275 of the Land Act 1994.

93Liability to compensate public road authority

(1)A resource authority holder is liable to compensate the public road authority for a public road for any cost, damage or loss the authority incurs or will incur that is or will be caused by notifiable road uses carried out by the holder that relate to the road.

Examples of a possible cost for subsection (1)—

•repair costs to rectify damage to the road caused or that will be caused by any of the uses

•capital costs for unplanned upgrades of the road incurred or that will be incurred because of any of the uses

•bring-forward costs, including interest charges, for a planned upgrade of the road that because of any of the uses is or will be required earlier than planned

(2)The resource authority holder’s liability under subsection (1) is the holder’s compensation liability to the public road authority.

(3)The compensation liability—

(a)applies whether or not the holder has given notice of the use; and

(b)is in addition to and does not limit or otherwise affect the holder’s liability under another provision of this Act about compensating the public road authority or anyone else.

94Road compensation agreement

(1)A resource authority holder and the public road authority for a public road may enter into an agreement (a road compensation agreement) about the holder’s compensation liability to the public road authority.

(2)A road compensation agreement is invalid if it does not comply with the prescribed requirements for the agreement.

96Party may apply to Land Court

(1)This section applies if—

(a)a party has given an ADR election notice under section 88 to another party seeking to negotiate the resolution of a dispute; and

(b)at the end of the period applying under section 89(2) or (4) for negotiating a resolution of the dispute, the parties have not entered into a conduct and compensation agreement; and

(c)an arbitration election notice about the dispute has not been given, or a request for arbitration about the dispute has not been accepted under section 91A(4), by the parties.

(b)at the end of the ADR period for the ADR, the parties have not entered into a conduct and compensation agreement; and

(c)the dispute is not the subject of arbitration under chapter 7A, part 2, division 2.

(2)Either party may apply to the Land Court to decide the dispute.

(3)However, the Land Court may decide the liability or future liability only to the extent it is not subject to a conduct and compensation agreement between the parties.

96AApplications may be heard together

(1)This section applies if an eligible claimant has brought a proceeding in the Land Court for the payment by a resource authority holder of compensation under the Environmental Protection Act.

(2)The Land Court may hear together the application and an application under section 96 by the eligible claimant or resource authority holder if the Land Court considers it desirable in the interests of justice.

96BNegotiation and preparation costs

(1)A party may apply to the Land Court for—

(a)a declaration that all or part of stated costs are payable under section 91; or

(b)if the party is an eligible claimant—an order requiring the payment of negotiation and preparation costs under section 91.

(2)The Land Court may, in a proceeding mentioned in subsection (1) or a proceeding brought under section 96, make a declaration about, or an order for the payment of, negotiation and preparation costs under section 91.

(3)However, if the costs are the costs of an agronomista relevant specialist, the Land Court can not make an order or declaration in relation to the costs unless the agronomistrelevant specialist is appropriately qualified to perform the function for which the costs are incurred.

97Orders Land Court may make

(1)The Land Court may make any order it considers appropriate to enable or enforce its decision on an application under this part.

(2)Without limiting subsection (1), the Land Court may order—

(a)non-monetary compensation as well as monetary compensation; or

(b)that a party not engage in particular conduct; or

(c)that the parties engage in further ADR.

(3)In considering whether to make an order under subsection (2)(c), the Land Court may have regard to the behaviour of the parties in the process leading to the application.

98Additional jurisdiction for compensation, conduct and related matters

(1)This section applies to a resource authority holder and an eligible claimant (the parties) if any of the following apply—

(a)the holder has carried out a preliminary activity;

(b)there is a conduct and compensation agreement or deferral agreement between the parties.

(2)The Land Court may do all or any of the following—

(a)assess all or part of the relevant resource authority holder’s compensation liability to the eligible claimant;

(b)decide a matter related to the compensation liability;

(c)declare whether or not a proposed authorised activity for the relevant resource authority would, if carried out, interfere with the carrying out of lawful activities by the eligible claimant;

(d)make any order it considers necessary or desirable for a matter mentioned in paragraph (a), (b) or (c).

Example—

The Land Court declares that a particular proposed authorised activity interferes with the carrying out of lawful activities by the eligible claimant. It may also order that a stated modification of, or reduction in, the activity would remove the interference.

99Jurisdiction to impose or vary conditions

(1)In deciding a matter mentioned in section 98(2), the Land Court may—

(a)impose any condition it considers appropriate for the exercise of the parties’ rights; or

(b)vary any existing condition under an agreement between the parties.

(2)The variation may be made on any ground the Land Court considers appropriate.

(3)The imposed or varied condition is taken to be—

(a)if there is an agreement between the parties—a condition of the agreement; or

(b)if there is no agreement between the parties—an agreement between the parties.

(4)In this section—

agreement means a conduct and compensation agreement.

condition means a condition of or for a conduct and compensation agreement.

99AJurisdiction to decide alleged breach of conduct and compensation agreement

(1)Subsection (2) applies if a party to a conduct and compensation agreement believes the other party has breached a condition of the agreement.

(2)The party may apply to the Land Court for an order about the alleged breach.

(3)An application may be made during the term, or after the end, of the agreement.

(4)The Land Court may make any order it considers appropriate on an application under this section.

(5)In this section—

conduct and compensation agreement means a conduct and compensation agreement for which the minimum negotiation period has ended.

party, to a conduct and compensation agreement, means—

(a)the following persons who entered into the agreement—

(i)the resource authority holder;

(ii)the owner or occupier of private land; or

(b)the successors and assigns of a party mentioned in paragraph (a) that are bound by the agreement under division 5.

100Deciding compensation by Land Court

(1)Either of the following entities may apply to the Land Court for the Court to decide a resource authority holder’s compensation liability to a public road authority—

(a)the public road authority;

(b)the resource authority holder.

(2)However, the Land Court may decide the compensation liability only to the extent it is not subject to a road compensation agreement.

(3)In making the decision, the Land Court may have regard to—

(a)all prescribed criteria relating to the public road authority, resource authority and notifiable road use; and

(b)whether the applicant has attempted to mediate or negotiate the compensation liability; and

(c)any other matter the Court considers relevant to making the decision.

101Review of compensation by Land Court

(1)This section applies if—

(a)the compensation liability or future compensation liability of a resource authority holder to either of the following has been agreed to under a compensation agreement or decided by the Land Court (the original compensation)—

(i)an eligible claimant;

(ii)a public road authority; and

(b)there has been a material change in circumstances (the change) since the agreement or decision.

(2)The following may apply to the Land Court for a review of the original compensation—

(a)the resource authority holder;

(b)the eligible claimant;

(c)the public road authority.

(3)In carrying out the review, the Land Court may review the original compensation only to the extent it is affected by the change.

(4)If the Land Court considers the original compensation is not affected by the change, it must not carry out or continue with the review.

(5)The Land Court may, after carrying out the review, decide to confirm the original compensation or amend it in a way the Court considers appropriate.

(6)In making the decision, the Land Court must have regard to—

(a)all criteria prescribed by regulation applying for the compensation; and

(b)whether the applicant has attempted to mediate or negotiate the compensation liability; and

(c)any other matter the Court considers relevant to making the decision.

(7)If the decision is to amend the original compensation, the original compensation as amended under the decision is, for this Act, taken to be the original compensation.

(8)In this section—

compensation agreement means—

(a)a conduct and compensation agreement; or

(b)a road compensation agreement.

101A Agreement binding on successors and assigns

(1)This section applies to each of the following agreements—

(a)a conduct and compensation agreement;

(b)an opt-out agreement;

(c)a road compensation agreement.

(2)The agreement binds the parties to the agreement, and each of their successors and assigns.

101B Land Court decision binding on successors and assigns

(1)This section applies to a decision of the Land Court under division 4.

(2)The decision binds the parties in the proceeding that led to the decision, and each of their successors and assigns.

101C Arbitrator’s decision binding on successors and assigns

(1)This section applies to a decision of an arbitrator under division 2, subdivision 3A.

(2)The decision binds the parties to the arbitration that led to the decision, and each of their successors and assigns.

101D Notice of concern may be given to authorised officer

(1)An owner or occupier of land that may be affected by a resource authority may give notice to an authorised officer of any of the following concerns relating to the resource authority—

(a)a concern about the authority of the resource authority holder to enter or be on the land;

(b)a concern about activities of the resource authority holder that may affect the land;

(c)a concern about the conduct of the resource authority holder.

(2)A resource authority holder may give notice to an authorised officer of a concern involving the holder and an owner or occupier of land.

(3)For subsection (1), a resource authority holder includes a person acting, or purporting to act, for a resource authority holder or for a purpose relating to a resource authority.

101E Authorised officer may call conference

(1)This section applies if an authorised officer—

(a)receives under section 101D notice of a concern relating to a resource authority; or

(b)is aware of a concern about a resource authority.

(2)The authorised officer may ask any of the following persons (each a party) to participate in a conference conducted by the authorised officer to discuss the concern—

(a)the resource authority holder;

(b)an owner or occupier of land that may be affected by the resource authority;

(c)another person interested in the concern.

101F Conduct of conference

(1)This section applies if an authorised officer asks a party to participate in a conference under section 101E(2).

(2)The conference must be conducted under the prescribed requirements.

(3)In conducting the conference, the authorised officer must endeavour to help the parties reach an early and inexpensive settlement of the concern the subject of the conference.

(4)If a party does not attend the conference—

(a)the authorised officer may continue to conduct the conference; and

(b)a party who attends the conference may apply to the Land Court for an order requiring a party who did not attend the conference to pay the attending party’s reasonable costs of attending.

(5)The Land Court must not order a party to pay costs under subsection (4)(b) if the party had a reasonable excuse for not attending the conference.

(6)If the Land Court makes an order under subsection (4)(b), the Land Court must decide the amount of the costs.

(7)Nothing said by a person at the conference is admissible in evidence in a proceeding without the person’s consent.

(8)If parties asked to participate in the conference make an agreement about the concern the subject of the conference, the agreement must be written and signed by the parties.

(9)In this section—

party see section 101E(2).

102Main purposes of chapter

(1)The main purposes of this chapter are to—

(a)facilitate the co-existence of the State’s coal and coal seam gas industries; and

(b)ensure that participants in each of the industries co-operate to optimise the development and use of the State’s coal and coal seam gas resources to maximise the benefit for all Queenslanders; and

(c)establish a statutory framework that applies if the participants do not otherwise agree.

(2)The main purposes are achieved by—

(a)removing barriers to the grant of resource authorities for coal and coal seam gas production; and

(b)allowing a right of way for coal production subject to notice and compensation requirements; and

(c)imposing ongoing obligations on participants in each of the industries to exchange relevant information; and

(d)providing for participants in each of the industries to negotiate arrangements as an alternative to particular legislative requirements.

103Definitions for chapter

In this chapter—

18 months notice, for an ML (coal), see section 122.

abandonment date see section 129(2)(b).

acceleration notice see section 128(2).

advance notice, for an ML (coal), see section 121.

agreed joint development plan means—

(a)an agreed joint development plan for which a notice has been given to the chief executive under section 130 or 142; or

(b)if an agreed joint development plan is amended by the resource authority holders under section 133 or 146—the agreed joint development plan as amended; or

(c)if an agreed joint development plan is required to be amended by the Minister under section 174C—the agreed joint development plan as required to be amended by the Minister; or

(d)if an agreed joint development plan is arbitrated as an agreed joint development plan under chapter 5, part 3—the agreed joint development plan as arbitrated.

arbitration, of a dispute, means arbitration of the dispute under chapter 5, part 3.

area means—

(a)of a coal resource authority—the area of the coal resource authority under the Mineral Resources Act; or

(b)of a petroleum resource authority—the area of the petroleum resource authority under the P&G Act.

ATP means authority to prospect (csg).

ATP major gas infrastructure, for an ATP, see section 166.

authority to prospect (csg) means an authority to prospect granted under the P&G Act, if the intention of the holder is to explore and test for coal seam gas.

coal mine see the Coal Mining Safety and Health Act 1999.

coal mining operations see the Coal Mining Safety and Health Act 1999.

coal resource authority means—

(a)an exploration permit (coal); or

(b)a mineral development licence (coal); or

(c)a mining lease (coal).

coal seam gas is a substance (in any state) occurring naturally in association with coal, or with strata associated with coal mining, if the substance is petroleum under the P&G Act.

column 1 resource authority means a coal resource authority or petroleum resource authority listed in column 1 of a table in this chapter.

column 2 resource authority means a coal resource authority or petroleum resource authority listed in column 2 of a table in this chapter.

compensation liability—

(a)of an ML (coal) holder to a PL holder—see section 167(3); or

(b)of an ML (coal) holder to an ATP holder—see section 168(3).

concurrent notice see section 149(2).

confirmation notice, for an ML (coal), see section 123.

corresponding column 1 resource authority, for a column 2 resource authority, means the column 1 resource authority opposite the column 2 resource authority in a table in this chapter.

corresponding column 2 resource authority, for a column 1 resource authority, means a column 2 resource authority opposite the column 1 resource authority in a table in this chapter.

diluted incidental coal seam gas see section 136.

EP (coal), for part 3, see section 139.

exceptional circumstances notice see section 127.

exploration permit (coal) means an exploration permit for coal granted under the Mineral Resources Act.

FMA see section 110.

future mining area see section 110.

holder, of a coal resource authority or petroleum resource authority, means—

(a)for a coal resource authority—the person who is the holder of the resource authority under the Mineral Resources Act; or

(b)for a petroleum resource authority—the person who is the holder of the resource authority under the P&G Act.

IMA see section 109.

incidental coal seam gas means coal seam gas able to be mined by an ML (coal) holder under the Mineral Resources Act.

initial mining area see section 109.

joint development plan means a proposed joint development plan or an agreed joint development plan.

joint occupancy, of a SOZ for an IMA or RMA, see section 114.

lost production see section 162.

MDL (coal), for part 3, see section 139.

mineral development licence (coal) means a mineral development licence for coal granted under the Mineral Resources Act.

mining commencement date, for an IMA or RMA, see section 115.

mining lease (coal) means a mining lease for coal granted under the Mineral Resources Act.

ML (coal)—

(a)generally—means a mining lease (coal); or

(b)for part 3—see section 139.

ML (coal) holder—

(a)generally—see section 105; or

(b)for part 3—see section 139.

overlapping area see section 104.

petroleum see the P&G Act.

petroleum lease (csg) means a petroleum lease granted under the P&G Act if coal seam gas is proposed to be produced under the lease.

petroleum production notice see section 141(1).

petroleum resource authority—

(a)generally, means—

(i)an authority to prospect (csg); or

(ii)a petroleum lease (csg); or

(b)for part 2, see section 118.

petroleum well has the meaning given by the P&G Act.

PL—

(a)generally—means a petroleum lease (csg); or

(b)for part 3—see section 139.

PL connecting infrastructure, for a PL, see section 165.

PL holder—

(a)generally—see section 106; or

(b)for part 3—see section 139.

PL major gas infrastructure, for a PL, see section 163.

PL minor gas infrastructure, for a PL, see section 164.

proposed joint development plan means—

(a)for part 2, division 2—a proposed plan for development of an overlapping area that includes the matters mentioned in section 130(3); or

(b)for part 3—a proposed plan for development of an overlapping area that includes the matters mentioned in section 142(3).

reconciliation payment see section 172(2)(a) and (c)(i).

relevant matter, in relation to a joint development plan, means—

(a)for a joint development plan under part 2, division 3—a matter mentioned in section 130(3); or

(b)for a joint development plan under part 3—a matter mentioned in section 142(3).

replace, for part 6, division 2, see section 161.

replacement gas see section 172(2)(b) and (c)(ii).

resource authority means a coal resource authority or a petroleum resource authority.

RMA see section 111.

RMA notice, for an ML (coal), see section 125.

rolling mining area see section 111.

simultaneous operations zone, for an IMA or RMA, see section 112.

site senior executive, for a coal mine, see the Coal Mining Safety and Health Act 1999.

sole occupancy, of an IMA or RMA, see section 113.

SOZ see section 112.

surface mine see the Coal Mining Safety and Health Act 1999.

underground mine see the Coal Mining Safety and Health Act 1999.

undiluted incidental coal seam gas see section 136.

104What is an overlapping area

(1)An overlapping area is land that is the subject of both a column 1 resource authority and a corresponding column 2 resource authority for the column 1 resource authority.

(2)However, land is an overlapping area only if the column 1 resource authority was granted after the corresponding column 2 resource authority was granted.

(3)A reference to an overlapping area includes, if the circumstances permit, an area that will become an overlapping area when a column 1 resource authority that has been applied for is granted.

(4)Even if subsections (1) to (3) do not apply to make land an overlapping area, land is an overlapping area if it is the subject of both a coal resource authority and a petroleum resource authority.

105What is an ML (coal) holder

(1)An ML (coal) holder is the holder of an ML (coal).

(2)A reference to an ML (coal) holder includes, if the circumstances permit, an EP (coal) holder or MDL (coal) holder who is an applicant for an ML (coal).

106What is a PL holder

(1)A PL holder is the holder of a PL.

(2)A reference to a PL holder includes, if the circumstances permit, an applicant for a PL.

107Extended meaning of ML (coal) and PL

For this chapter, a reference to an ML (coal) or a PL includes, if the circumstances permit, a reference to an ML (coal) or PL that has been applied for but has not been granted.

108Purpose of division

This division contains definitions and other provisions relevant to the operation of this chapter.

109What is an initial mining area or IMA

(1)An initial mining area, or IMA, is an area in an overlapping area, identified by an ML (coal) holder, for which the ML (coal) holder requires sole occupancy to carry out authorised activities for the ML (coal).

(2)The total area that may be identified as an IMA is the minimum area that is reasonably considered to be required for 10 years of safe mining.

(3)An IMA may be a single area, or a number of separate areas, each of which is an IMA.

110What is a future mining area or FMA

(1)A future mining area, or FMA, is an area in an overlapping area, identified by an ML (coal) holder, in which the ML (coal) holder intends to carry out authorised activities for the ML (coal) as mining operations advance outside the IMA.

(2)An FMA must be contiguous with an IMA.

111What is a rolling mining area or RMA

(1)A rolling mining area, or RMA, is an area in an overlapping area, identified by an ML (coal) holder, for which the ML (coal) holder requires sole occupancy to carry out authorised activities for the ML (coal).

(2)The total area that may be identified as an RMA is the minimum area that is reasonably considered to be required for 1 year of safe mining.

(3)An RMA must be within an FMA.

(4)Each RMA must be considered on a sequential, year by year basis.

(5)An RMA for a particular year must not be more than 10% of the total of the areas that are an IMA or FMA in the overlapping area.

112What is a simultaneous operations zone or SOZ

The simultaneous operations zone, or SOZ, for an IMA or RMA, is an area in an overlapping area, contiguous with an IMA or RMA, in relation to which safety and health arrangements for the co-existence of an ML (coal) and a petroleum resource authority are reasonably considered to be required.

113What is sole occupancy

(1)If an ML (coal) holder has sole occupancy of an IMA or RMA, to the extent the ML (coal) is for a surface mine—

(a)the ML (coal) holder may carry out any authorised activity for the ML (coal) in the IMA or RMA; and

(b)the holder of a corresponding column 2 resource authority for the ML (coal) may not carry out any authorised activity for the authority in the IMA or RMA.

(2)If an ML (coal) holder has sole occupancy of an IMA or RMA, to the extent the ML (coal) is for an underground mine—

(a)the ML (coal) holder may carry out any authorised activity for the ML (coal) in the IMA or RMA; and

(b)the holder of a corresponding column 2 resource authority for the ML (coal) may carry out an authorised activity for the authority in the IMA or RMA unless the site senior executive for the underground mine directs the holder not to carry out the authorised activity for the purpose of facilitating safety and health arrangements for the co-existence of an ML (coal) and a petroleum resource authority that are reasonably considered to be required.

(3)The ML (coal) holder’s sole occupancy of an IMA or RMA does not limit the right of the corresponding column 2 resource authority holder to carry out authorised activities for the authority within the overlapping area but outside the IMA or RMA.

(4)If the corresponding column 2 resource authority is a PL, and it is necessary for PL major gas infrastructure for the PL on an IMA or RMA to be replaced, the PL holder is not required to abandon the use of the infrastructure on the IMA or RMA until replacement PL major gas infrastructure has been constructed and commissioned, and is in operation.

114What is joint occupancy

If an ML (coal) holder and the holder of a corresponding column 2 resource authority for the ML (coal) have joint occupancy of a SOZ for an IMA or RMA—

(a)the ML (coal) holder may carry out authorised activities for the ML (coal) in the SOZ subject to any safety and health arrangements for the co-existence of an ML (coal) and a petroleum resource authority that are reasonably considered to be required; and

(b)the holder of the corresponding column 2 resource authority for the ML (coal) may carry out authorised activities for the authority subject to any safety and health arrangements for the co-existence of an ML (coal) and a petroleum resource authority that are reasonably considered to be required.

115What is the mining commencement date

(1) The mining commencement date, for an IMA or RMA in an overlapping area, is—

(a)the date, identified by a coal resource authority holder for the overlapping area, for starting to carry out authorised activities for the coal resource authority in the IMA or RMA; or

(b)if the resource authority holders for the overlapping area agree in writing to change the date mentioned in paragraph (a) for an IMA or RMA—the new agreed date; or

(c)if the date mentioned in paragraph (a) or (b) for an IMA or RMA is changed under section 127, 128, 142A, 241A or by arbitration—the new changed date.

(2)For subsection (1)(a), the date identified by an ML (coal) holder for an IMA must be—

(a)if the corresponding column 2 resource authority for the ML (coal) is an ATP—at least 18 months after the date on which the advance notice for the ML (coal) is given; or

(b)if the corresponding column 2 resource authority for the ML (coal) is a PL—at least 11 years after the date on which the advance notice for the ML (coal) is given.

(3)For subsection (1)(a), the date identified by an ML (coal) holder for an RMA must be—

(a)for the first RMA in an overlapping area—at least 10 years after the mining commencement date for the IMA to which the RMA is contiguous; and

(b)for each subsequent RMA in the overlapping area—at least 1 year after the mining commencement date for the immediately preceding RMA.

117Mandatory requirements for participants

(1)The following provisions apply for all overlapping areas—

(a)section 121;

(b)section 127(8)(b);

(c)part 2, division 3;

(d)parts 3 and 4;

(e)part 5, other than section 153;

(f)part 6, division 1;

(g)chapter 5, part 2.

(2)The resource authority holders for an overlapping area may agree that provisions of this chapter, other than the provisions mentioned in subsection (1), do not apply for the overlapping area.

118Definitions for part

In this part—

petroleum resource authority means a corresponding column 2 resource authority, for a column 1 resource authority, mentioned in the table for part 2.

petroleum resource authority holder means the holder of a petroleum resource authority.

119Table for part

The following table applies for this part—

Column 1	Column 2
mining lease (coal)	either of the following— (a)  authority to prospect (csg); (b)  petroleum lease (csg)

120Sole occupancy of IMA

(1)An ML (coal) holder has sole occupancy of an IMA for an overlapping area the subject of the ML (coal) from the mining commencement date for the IMA, but only if the ML (coal) holder has given each petroleum resource authority holder the notices mentioned in subsection (2) or (3) as required under this division.

(2)If the petroleum resource authority is an ATP, the notices are—

(a)an advance notice for the ML (coal); and

(b)an 18 months notice for the ML (coal).

(3)If the petroleum resource authority is a PL, the notices are—

(a)an advance notice for the ML (coal); and

(b)a confirmation notice for the ML (coal).

121Advance notice

(1)An advance notice, for an ML (coal), is a notice that—

(a)states that the ML (coal) holder has applied for the grant of the ML (coal); and

(b)includes a copy of the application for the ML (coal), other than any statement detailing the applicant’s financial and technical resources; and

(c)if the petroleum resource authority is an ATP—identifies any IMA or RMA in the overlapping area, and the mining commencement date for the IMA or RMA; and

(d)if the petroleum resource authority is a PL—includes a joint development plan for the overlapping area the subject of the ML (coal); and

(e)includes any other information prescribed by regulation.

(2)An advance notice must be given to a petroleum resource authority holder within 10 business days after the day the ML (coal) holder applies for the grant of the ML (coal).

12218 months notice

(1)An 18 months notice, for an ML (coal), is a notice that—

(a)states that the ML (coal) holder has applied for the grant of the ML (coal) and intends to start carrying out authorised activities for the ML (coal) in an IMA in an overlapping area the subject of the ML (coal); and

(b)states the mining commencement date for the IMA; and

(c)includes any other information prescribed by regulation.

(2)An 18 months notice must be given to an ATP holder at least 18 months before the mining commencement date for the IMA.

(3)Subject to subsection (2)—

(a)an 18 months notice may be given at the same time as an advance notice; or

(b)an 18 months notice and an advance notice may be given as a combined notice.

123Confirmation notice

(1)A confirmation notice, for an ML (coal), is a notice that—

(a)states that the ML (coal) holder intends to start carrying out authorised activities for the ML (coal) in an IMA in an overlapping area the subject of the ML (coal); and

(b)states the mining commencement date for the IMA; and

(c)confirms the ML (coal) holder will start coal mining operations in the IMA on the date stated under paragraph (b) for the IMA; and

(d)includes any other information prescribed by regulation.

(2)A confirmation notice must be given to a PL holder at least 18 months, but no more than 2 years, before the date stated under subsection (1)(b) for the IMA.

124Sole occupancy of RMA

An ML (coal) holder has sole occupancy of each RMA for an overlapping area the subject of the ML (coal) from the mining commencement date for the RMA, but only if the ML (coal) holder has given each petroleum resource authority holder an RMA notice for the ML (coal) as required under this division.

125RMA notice

(1)An RMA notice, for an ML (coal), is a notice that—

(a)states that the ML (coal) holder intends to start carrying out authorised activities for the ML (coal) in an RMA in an overlapping area the subject of the ML (coal); and

(b)states the mining commencement date for the RMA; and

(c)confirms the ML (coal) holder will start coal mining operations in the RMA on the date stated under paragraph (b) for the RMA; and

(d)includes any other information prescribed by regulation.

(2)An RMA notice must be given to a petroleum resource authority holder at least 18 months before the date stated under subsection (1)(b) for the RMA.

126Joint occupancy of SOZ

An ML (coal) holder and a petroleum resource authority holder have joint occupancy of a SOZ for an IMA or RMA for an overlapping area from the mining commencement date for the IMA or RMA.

127Exceptional circumstances notice may be given by petroleum resource authority holder

(1)This section applies if—

(a)a petroleum resource authority holder—

(i)has received an advance notice for an ML (coal); or

(ii)has received a proposal, under section 133 or 146, to amend an agreed joint development plan to change the size or location of, or the mining commencement date for, an IMA or RMA, but has not yet agreed to the proposal; and

(b)the holder considers an extension of the period (the relevant period) before the ML (coal) holder may carry out authorised activities for the ML (coal) in the IMA or RMA is justified because of the following exceptional circumstances—

(i)there are high performing petroleum wells or fields in the IMA or RMA;

(ii)the relevant period is not sufficient to allow for production of petroleum from the high performing wells or fields at the prescribed threshold.

(2)The petroleum resource authority holder may give the ML (coal) holder a notice (an exceptional circumstances notice) stating—

(a)the exceptional circumstances justifying the extension mentioned in subsection (1)(b); and

(b)the petroleum resource authority holder’s preferred mining commencement date, which must not be more than 5 years after the mining commencement date for the IMA or RMA; and

(c)any other information prescribed by regulation.

(3)However, if subsection (1)(a)(i) applies, the exceptional circumstances notice must be given within 3 months after the petroleum resource authority holder receives the advance notice.

(4)The exceptional circumstances notice must be accompanied by technical data, including, for example, data about production modelling, justifying the preferred mining commencement date.

(5)The ML (coal) holder must, within 3 months after receiving the exceptional circumstances notice, give the petroleum resource authority holder a notice stating whether the ML (coal) holder accepts the petroleum resource authority holder’s preferred mining commencement date.

(6)If the ML (coal) holder does not accept the petroleum resource authority holder’s preferred mining commencement date under subsection (5), or claims that exceptional circumstances justifying the extension do not exist, the petroleum resource authority holder may apply for arbitration of the dispute.

(7)Despite subsection (6), the petroleum resource authority holder and the ML (coal) holder may jointly apply for arbitration of the dispute at any time.

(8)If an ML (coal) holder accepts an ATP holder’s preferred mining commencement date for an IMA or RMA under subsection (5) (the new date), or a new mining commencement date for an IMA or RMA is established by arbitration (also the new date)—

(a)the new date applies as the mining commencement date for the IMA or RMA, including if a PL is granted in relation to the ATP; and

(b)within 20 business days after the new date is accepted or established, the ML (coal) holder must give the chief executive a written notice stating—

(i)that exceptional circumstances justifying a new mining commencement date have been accepted by the ML (coal) holder or established by arbitration; and

(ii)the new mining commencement date; and

(iii)any other information prescribed by regulation.

(9)In this section—

prescribed threshold means the threshold for production of petroleum that is prescribed by regulation.

128Acceleration notice may be given by ML (coal) holder

(1)This section applies if an ML (coal) holder considers a mining commencement date for an IMA or RMA should be an earlier date.

(2)The ML (coal) holder may give the PL holder a notice (an acceleration notice) that—

(a)states the earlier date; and

(b)includes any other information prescribed by regulation.

(3)The acceleration notice may be given only in the period—

(a)starting on the day an advance notice is given to the PL holder; and

(b)ending on the day that is 18 months before the mining commencement date for the IMA or RMA.

(4)The ML (coal) holder must amend any joint development plan that applies to the ML (coal) holder to ensure it is consistent with the acceleration notice.

(5)The acceleration notice has effect to change a mining commencement date whether or not the PL holder agrees to the change.

Note—

See section 167(1)(a) for the liability of an ML (coal) holder who gives an acceleration notice to a PL holder to compensate the PL holder.

129Abandonment of sole occupancy of IMA or RMA

(1)This section applies if an ML (coal) holder no longer requires sole occupancy of the whole or a part of an IMA or RMA for an overlapping area.

(2)The ML (coal) holder must give each petroleum resource authority holder for the overlapping area a notice (an abandonment notice) that—

(a)identifies the area of the IMA or RMA for which the ML (coal) holder proposes to abandon sole occupancy; and

(b)states the date (the abandonment date) on which the ML (coal) holder proposes to abandon sole occupancy; and

(c)includes any other information prescribed by regulation.

(3)The site senior executive for the coal mine must facilitate the petroleum resource authority holder’s access to the area mentioned in subsection (2)(a) from the abandonment date.

(4)An abandonment of sole occupancy does not limit—

(a)any obligation of the ML (coal) holder to carry out rehabilitation or environmental management required of the holder under the Environmental Protection Act; or

(b)the ML (coal) holder’s right to occupy the IMA or RMA to comply with an obligation mentioned in paragraph (a).

130Requirement for agreed joint development plan

(1)This section applies if an ML (coal) holder gives an advance notice to a PL holder.

(2)The ML (coal) holder must ensure—

(a)within 12 months after giving the advance notice to the PL holder or, if an application for arbitration of a dispute is made under section 131(2) or (3), within 9 months after the appointment of the arbitrator—there is in place—

(i)a joint development plan that has been agreed with the PL holder; or

(ii)an agreed joint development plan as arbitrated; and

(b)within 20 business days after the agreed joint development plan is in place—written notice is given to the chief executive stating the following—

(i)that the plan is in place;

(ii)the period for which the plan has effect;

(iii)other information prescribed by regulation.

(3)The agreed joint development plan must—

(a)identify the ML (coal) holder and PL holder under the plan; and

(b)set out an overview of the activities proposed to be carried out in the overlapping area by the ML (coal) holder, including the location of the activities and when they will start; and

(c)set out an overview of the activities proposed to be carried out in the overlapping area by the PL holder, including the location of the activities and when they will start; and

(d)identify any IMA and RMA for the overlapping area, and any SOZ proposed for any IMA or RMA for the overlapping area; and

(e)state the mining commencement date for any IMA or RMA; and

(f)state how the activities mentioned in paragraphs (b) and (c) optimise the development and use of the State’s coal and coal seam gas resources; and

(g)state the period for which the agreed joint development plan is to have effect; and

(h)include any other information prescribed by regulation.

(4)For 2 or more overlapping areas in the area the subject of the ML (coal)—

(a)to the extent practicable, there may be in place a single agreed joint development plan for 2 or more of the overlapping areas; and

(b)if there are 2 or more agreed joint development plans in place for the overlapping areas, the ML (coal) holder may give the chief executive a single notice as mentioned in subsection (2)(b) for all the agreed joint development plans.

131Negotiation of agreed joint development plan

(1)A PL holder who receives an advance notice must negotiate in good faith with the ML (coal) holder to enable the ML (coal) holder to give a notice under section 130(2)(b).

(2)If a PL holder and the ML (coal) holder can not agree on a joint development plan to the extent it relates to a relevant matter within 6 months after the PL holder receives the advance notice, the ML (coal) holder must apply for arbitration of the dispute.

(3)Despite subsection (2), the PL holder and the ML (coal) holder may jointly apply for arbitration of the dispute, to the extent it relates to a relevant matter, at any time.

132Consistency with development plans

(1)The ML (coal) holder must ensure any development plan under the Mineral Resources Act for the ML (coal) is consistent to the greatest practicable extent with each agreed joint development plan that applies to the ML (coal) holder.

(2)The PL holder must ensure any development plan under the P&G Act for the PL is consistent to the greatest practicable extent with each agreed joint development plan that applies to the PL holder.

(3)This section applies even if any of the following takes place for the ML (coal) or the PL—

(a)a renewal;

(b)a transfer;

(c)a complete or partial subletting.

133Amendment of agreed joint development plan

(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)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.

(4)Subsection (5) applies if an amendment of an agreed joint development plan, whether by agreement under this section or by arbitration, provides for a cessation, or significant reduction or increase, of—

(a)mining under the ML (coal); or

(b)production under the PL.

(5)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.

134Authorised activities allowed only if consistent with agreed joint development plan

(1)This section applies if an agreed joint development plan applies to an ML (coal) holder and a PL holder.

(2)The ML (coal) holder may carry out an authorised activity for the ML (coal) in an overlapping area the subject of the ML (coal) only if carrying out the activity is consistent with the agreed joint development plan.

(3)The PL holder may carry out an authorised activity for the PL in an overlapping area the subject of the PL only if carrying out the activity is consistent with the agreed joint development plan.

(4)To remove any doubt, it is declared that if an ML (coal) holder has given an advance notice to a PL holder and there is no agreed joint development plan that applies to the ML (coal) holder and the PL holder, the PL holder may carry out an authorised activity for the PL in the overlapping area the subject of the PL and ML (coal) if carrying out the activity is consistent with each development plan under the P&G Act that applies to the PL holder.

135Condition of authorities

It is a condition of both an ML (coal) and a PL that the holder must comply with each agreed joint development plan that applies to the holder.

136Definitions for division

In this division—

diluted incidental coal seam gas means incidental coal seam gas that is subject to air contamination.

Note—

Diluted incidental coal seam gas will generally result from using underground in-seam and goaf drainage techniques for gas production.

undiluted incidental coal seam gas means incidental coal seam gas that is free of air contamination.

Note—

Undiluted incidental coal seam gas will generally result from using surface to in-seam techniques for gas production.

137Resource optimisation

An ML (coal) holder must, in relation to incidental coal seam gas in an overlapping area that is subject to the ML (coal), use reasonable endeavours to—

(a)minimise unnecessary contamination or dilution of the incidental coal seam gas; and

(b)maximise production of undiluted incidental coal seam gas.

138Right of first refusal

(1)An ML (coal) holder must offer to supply, on reasonable terms, any incidental coal seam gas in an overlapping area that is subject to the ML (coal), to which the ML (coal) holder is otherwise entitled under the Mineral Resources Act, section 318CN, to a petroleum resource authority holder in the overlapping area.

(2)The ML (coal) holder must make the offer by giving the petroleum resource authority holder written notice of the offer—

(a)for undiluted incidental coal seam gas in an IMA in the overlapping area—as early as practicable; or

(b)for diluted incidental coal seam gas in an IMA in the overlapping area—when the ML (coal) holder gives the petroleum resource authority holder—

(i)if the petroleum resource authority is a PL holder—a confirmation notice; or

(ii)if the petroleum resource authority is an ATP holder—an 18 months notice; or

(c)for undiluted or diluted incidental coal seam gas in an RMA in the overlapping area—when the ML (coal) holder gives the petroleum resource authority holder the RMA notice.

(3)The petroleum resource authority holder may accept the offer—

(a)for an offer made under subsection (2)(a) or (b)—within 12 months after receiving the notice, or a later period agreed to by the ML (coal) holder; or

(b)for an offer made under subsection (2)(c)—within 3 months after receiving the notice, or a later period agreed to by the ML (coal) holder.

(4)If the petroleum resource authority holder accepts the offer, the petroleum resource authority holder must—

(a)enter into a contract with the ML (coal) holder for delivery of the gas; and

(b)take supply of the gas within 2 years after accepting the offer, or a later period agreed to by the ML (coal) holder; and

(c)pay the ML (coal) holder the amount of royalty that is payable for the gas under the Mineral Resources Act, section 320.

(5)A contract mentioned in subsection (4)(a) must include the matters prescribed by regulation.

(6)If the petroleum resource authority holder does not accept the offer under subsection (3), or take supply of the gas under subsection (4), the ML (coal) holder may use the gas under the Mineral Resources Act, section 318CN.

(7)However, if the ML (coal) holder has not, under the Mineral Resources Act, section 318CN, used gas offered to a petroleum resource authority holder under subsection (2)(a) within 12 months after becoming entitled to use the gas under subsection (6), the ML (coal) holder must not use the gas under the Mineral Resources Act, section 318CN until—

(a)the ML (coal) holder re-offers to supply the gas to the petroleum resource authority holder; and

(b)either—

(i)the petroleum resource authority holder rejects the re-offer; or

(ii)3 months, or a longer period agreed to by the ML (coal) holder, elapses after the re-offer is made without the petroleum resource authority holder accepting the re-offer.

(8)A notice of offer under subsection (2), or a notice of re-offer under subsection (7), must include the matters prescribed by regulation.

(9)This section does not limit or otherwise affect the obligations imposed on a petroleum resource authority holder under the P&G Act.

139Definitions for part

In this part—

EP (coal) means a corresponding column 2 resource authority for a PL, mentioned in the table for this part, that is an exploration permit (coal).

EP (coal) holder means the holder of an EP (coal).

MDL (coal) means a corresponding column 2 resource authority for a PL, mentioned in the table for this part, that is an MDL (coal).

MDL (coal) holder means the holder of an MDL (coal).

ML (coal) means a corresponding column 2 resource authority for a PL, mentioned in the table for this part, that is a mining lease (coal).

ML (coal) holder means the holder of an ML (coal).

PL means a column 1 resource authority, mentioned in the table for this part, that is a petroleum lease (csg).

PL holder means the holder of a PL.

Note—

The PL holder may or may not hold an ATP for the overlapping area that is the subject of the PL.

140Table for part

The following table applies for this part—

Column 1	Column 2
petroleum lease (csg)	any of the following— (a)  exploration permit (coal); (b)  mineral development licence (coal); (c)  mining lease (coal)

141Petroleum production notice

(1)A PL holder must give a coal resource authority holder a notice (a petroleum production notice) that—

(a)states that the PL holder has applied for the grant of the PL; and

(b)includes a copy of the application for the PL, other than any statement detailing the applicant’s financial and technical resources; and

(c)if the coal resource authority is an ML (coal)—includes a proposed joint development plan; and

(d)includes any other information prescribed by regulation.

(2)A petroleum production notice must be given to a coal resource authority holder within 10 business days after the day the PL holder applies for the grant of the PL.

142Requirement for agreed joint development plan

(1)This section applies if a PL holder gives a petroleum production notice to an ML (coal) holder.

(2)The PL holder must ensure—

(a)within 12 months after giving the petroleum production notice to the ML (coal) holder or, if an application for arbitration of a dispute is made under section 144(2) or (3), within 9 months after the appointment of the arbitrator—there is in place—

(i)a joint development plan that has been agreed with the ML (coal) holder; or

(ii)an agreed joint development plan as arbitrated; and

(b)within 20 business days after the agreed joint development plan is in place—written notice is given to the chief executive stating the following—

(i)that the plan is in place;

(ii)the period for which the plan has effect;

(iii)other information prescribed by regulation.

(3)The agreed joint development plan must—

(a)identify the ML (coal) holder and PL holder under the plan; and

(b)set out an overview of the activities proposed to be carried out in the overlapping area by the ML (coal) holder and PL holder, including the location of the activities and when they will start; and

(c)identify any IMA and RMA for the overlapping area, and any SOZ for any IMA or RMA for the overlapping area; and

(d)state the mining commencement date for any IMA or RMA; and

(e)state how the activities mentioned in paragraph (b) optimise the development and use of the State’s coal and coal seam gas resources; and

(f)state the period for which the agreed joint development plan is to have effect; and

(g)include any other information prescribed by regulation.

142APetroleum production notice given more than 6 months after advance notice

(1)This section applies if—

(a)an EP (coal) holder or MDL (coal) holder gave an advance notice for an ML (coal) to an ATP holder under part 2 in relation to an overlapping area; and

(b)a petroleum production notice in relation to the overlapping area was given under this part more than 6 months after the giving of the advance notice; and

(c)the PL is granted, but the ML (coal) has not yet been granted.

(2)The mining commencement date for an IMA in the overlapping area must be taken to be the date that is the earlier of the following—

(a)the end of 9 years after the giving of the advance notice;

(b)the end of 11 years after the giving of the advance notice, less the period between the giving of the advance notice and the giving of the petroleum production notice.

(3)This section does not limit—

(a)the changing of the mining commencement date for the IMA in the way mentioned in section 115(1)(b) or (c); or

(b)the power of the petroleum resource authority holder to give an exceptional circumstances notice under section 127; or

(c)the power of the ML (coal) holder to give an acceleration notice under section 128.

144Negotiation of agreed joint development plan

(1)An ML (coal) holder who receives a petroleum production notice that includes a proposed joint development plan must negotiate in good faith with the PL holder to enable the PL holder to give a notice under section 142(2)(b).

(2)If an ML (coal) holder and the PL holder can not agree on a joint development plan to the extent it relates to a relevant matter within 6 months after the ML (coal) holder receives the petroleum production notice, the PL holder must apply for arbitration of the dispute.

(3)Despite subsection (2), the ML (coal) holder and the PL holder may jointly apply for arbitration of the dispute, to the extent it relates to a relevant matter, at any time.

145Consistency of development plans

(1)This section applies if the PL holder is granted a PL for the overlapping area.

(2)The PL holder must ensure any development plan under the P&G Act for the PL is consistent to the greatest practicable extent with each agreed joint development plan that applies to the PL holder.

(3)The ML (coal) holder must ensure any development plan under the Mineral Resources Act for the ML (coal) is consistent to the greatest practicable extent with each agreed joint development plan that applies to the ML (coal) holder.

(4)This section applies even if any of the following takes place for the PL or the ML (coal)—

(a)a renewal;

(b)a transfer;

(c)a complete or partial subletting.

146Amendment of agreed joint development plan

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

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

(3)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.

(4)Subsection (5) applies if an amendment of an agreed joint development plan, whether by agreement under this section or by arbitration, provides for a cessation, or significant reduction or increase, of—

(a)mining under the ML (coal); or

(b)production under the PL.

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

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

(b)if there is a cessation or significant reduction of mining under the ML (coal) or production under the PL—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.

147Authorised activities allowed only if consistent with agreed joint development plan

(1)This section applies if an agreed joint development plan applies to a PL holder and an ML (coal) holder.

(2)The PL holder may carry out an authorised activity for the PL in an overlapping area the subject of the PL only if carrying out the activity is consistent with the agreed joint development plan.

(3)The ML (coal) holder may carry out an authorised activity for the ML (coal) in an overlapping area the subject of the ML (coal) only if carrying out the activity is consistent with the agreed joint development plan.

(4)To remove any doubt, it is declared that if a PL holder has given a petroleum production notice to an ML (coal) holder and there is no agreed joint development plan that applies to the PL holder and the ML (coal) holder, the ML (coal) holder may carry out an authorised activity for the ML (coal) in the overlapping area the subject of the ML (coal) and PL if carrying out the activity is consistent with each development plan under the Mineral Resources Act that applies to the ML (coal) holder.

148Condition of authorities

It is a condition of both a PL and an ML (coal) that the holder must comply with each agreed joint development plan that applies to the holder.

148A Modification of particular provisions if preferred tenderer appointed

(1)This section applies if—

(a)the Minister publishes a call for tenders for a petroleum lease under the P&G Act, section 127; and

(b)the Minister appoints a preferred tenderer on the tenders made in response to the call.

(2)For applying the requirements under this chapter—

(a)the only PL holder required to give a petroleum production notice to a coal resource authority holder under section 141(1) is the PL holder appointed under the P&G Act, chapter 2, part 2, division 3, subdivision 3 as the preferred tenderer; and

(b)despite section 141(1)(c), a petroleum production notice given by a PL holder mentioned in paragraph (a) is not required to include a proposed joint development plan; and

(c)a PL holder mentioned in paragraph (a) complies with section 141(2) if the PL holder gives the petroleum production notice to the coal resource authority holder within 10 business days after the PL holder is appointed as preferred tenderer; and

(d)a PL holder mentioned in paragraph (a) is not required to comply with section 142; and

(e)the coal resource authority holder given a petroleum production notice by a PL holder under paragraph (c) complies with section 121(2) if the coal resource authority holder gives an advance notice to the PL holder within 30 business days after the petroleum production notice is given to the coal resource authority holder; and

(f)an advance notice mentioned in paragraph (e) complies with section 121(1) if the notice—

(i)states that the ML (coal) holder has applied for the grant of the ML (coal); and

(ii)includes a copy of the application for the ML (coal), other than any statement detailing the applicant’s financial and technical resources; and

(iii)includes a proposed joint development plan for the overlapping area the subject of the ML (coal); and

(g)if a proposed joint development plan mentioned in paragraph (f)(iii) identifies an IMA for the overlapping area, the mining commencement date for the identified IMA must be at least 11 years after the date on which the ML (coal) holder applied for the grant of the ML (coal); and

(h)a PL holder mentioned in paragraph (a) complies with section 154(3)(a) if the PL holder gives the information required to be given under section 154 within 20 business days after the PL holder gives the petroleum production notice to the coal resource authority holder; and

(i)a coal resource authority holder given a petroleum production notice under paragraph (c) complies with section 154(3)(a) if the coal resource authority holder gives the information required to be given under section 154 within 20 business days after the coal resource authority holder is given the petroleum production notice.

(3)To remove any doubt, it is declared that—

(a)this section does not limit the changing of the mining commencement date for the IMA mentioned in subsection (2)(g) in the way mentioned in section 115(1)(b) or (c); and

(b)section 156 applies in relation to information—

(i)given by a PL holder mentioned in this section to a coal resource authority holder mentioned in this section; or

(ii)given by a coal resource authority holder mentioned in this section to a PL holder mentioned in this section.

(4)This section applies whether the preferred tenderer mentioned in subsection (1)(b) was appointed before or after the commencement of this section.

149Concurrent 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) stating the information mentioned in subsection (1)(b).

(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 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

(b)the mining commencement date for the IMA may be changed in the way mentioned in section 115(1)(b) or (c); and

(c)the ATP holder may give an exceptional circumstances notice under section 127, including at the same time as the concurrent notice is given.

(6)However, despite subsection (4), the ML (coal) holder must ensure the agreed joint development plan mentioned in section 130(2) is in place within 12 months after receiving from the ATP holder a petroleum production notice or, if an application for arbitration of a dispute is made under section 131(2) or (3), within 9 months after the appointment of the arbitrator, instead of within the period mentioned in section 130(2).

150Requirements for holder of EP (coal) or MDL (coal) if concurrent PL application

(1)This section applies if the holder of an EP (coal) or MDL (coal)—

(a)receives a petroleum production notice under part 3 in relation to an overlapping area from the holder of an ATP that includes the overlapping area; and

(b)lodges an application for an ML (coal) before the PL the subject of the petroleum production notice is granted.

Note—

Under part 3, a petroleum production notice is given by the applicant for a PL.

(2)The holder of the EP (coal) or MDL (coal) must give the ATP holder an advance notice as required under part 2.

(3)The mining commencement date for an IMA in the overlapping area, for the purposes of the advance notice, must be at least 11 years after the date on which the advance notice is given.

(4)Without otherwise limiting the application of part 2—

(a)the requirement under section 130(2)(a) for an agreed joint development plan to be in place within the period mentioned in section 130(2)(a) applies; and

(b)the mining commencement date for the IMA may be changed in the way mentioned in section 115(1)(b) or (c).

151Table for part

The following table applies for this part—

Column 1	Column 2
exploration permit (coal)	either of the following— (a)  authority to prospect (csg); (b)  petroleum lease (csg)
mineral development licence (coal)	either of the following— (a)  authority to prospect (csg); (b)  petroleum lease (csg)
authority to prospect (csg)	any of the following— (a)  exploration permit (coal); (b)  mineral development licence (coal); (c)  mining lease (coal)

152Authorised activities allowed only if no adverse effects

An authorised activity for a column 1 resource authority may be carried out in an overlapping area the subject of the resource authority only if—

(a)it does not adversely affect carrying out in the overlapping area an activity that is an authorised activity for a corresponding column 2 resource authority for the column 1 resource authority; and

(b)carrying out the authorised activity for the corresponding column 2 resource authority has already started in the overlapping area.

153Expedited land access for petroleum resource authority holders

(1)This section applies if—

(a)a petroleum resource authority holder gives an ML (coal) holder a negotiation notice under section 84; and

(b)the petroleum resource authority holder and ML (coal) holder have not entered into any of the following before the end of the minimum negotiation period under section 85—

(i)a conduct and compensation agreement;

(ii)a deferral agreement;

(iii)an opt-out agreement.

(2)Despite a requirement under chapter 3 to give an entry notice, the petroleum resource authority holder may enter an overlapping area the subject of the petroleum resource authority, other than an IMA or SOZ in the overlapping area, to carry out an authorised activity for the authority if—

(a)the petroleum resource authority holder gives the ML (coal) holder an expedited entry notice; and

(b)the first day the petroleum resource authority holder enters the overlapping area is at least 10 business days after the day the petroleum resource authority holder gives the ML (coal) holder the expedited entry notice.

(3)Nothing in this section limits any other provision of chapter 3, including, for example, a provision requiring the petroleum resource authority holder and the ML (coal) holder to enter into an agreement mentioned in subsection (1)(b).

(4)In this section—

expedited entry notice means a notice that—

(a)states the petroleum resource authority holder intends to enter an overlapping area on a stated date; and

(b)includes any other information prescribed by regulation.

ML (coal) holder means the holder of an ML (coal).

154Resource authority holders must exchange information

(1)The resource authority holders for an overlapping area must give each other all information reasonably necessary to allow them to optimise the development and use of coal and coal seam gas resources in the overlapping area.

(2)Without limiting subsection (1), the information that must be given includes the following—

(a)operational and development plans;

(b)location of gas and mining infrastructure;

(c)development and production goals;

(d)scheduling of authorised activities;

(e)rehabilitation and environmental management;

(f)safety and health arrangements;

(g)information about any application relating to the overlapping area made by the resource authority holder under a Resource Act;

(h)any amendment of a mine plan required to be kept by the resource authority holder under a Resource Act;

(i)any other information prescribed by regulation.

(3)The information must be given—

(a)within 20 business days after the overlapping area comes into existence; and

(b)at least once during each year that the resource authorities for the overlapping area are in force.

(4)Subsections (1) to (3) do not require the giving of information that is only in the form of a draft.

(5)In this section—

draft includes a preliminary or working draft.

155Annual meetings

(1)The resource authority holders for an overlapping area must convene at least 1 meeting during each year the resource authorities are in force.

(2)The purpose of the meeting is to facilitate compliance with section 154.

156Confidentiality

(1)This section applies if a resource authority holder (the information-giver) gives another resource authority holder (the recipient) information that this chapter requires or permits the information-giver to give to the recipient.

(2)The recipient must not disclose the information to another person unless—

(a)the information is publicly available; or

(b)the disclosure is—

(i)to a person (a secondary recipient) whom the recipient has authorised to carry out authorised activities for the recipient’s resource authority; or

(ii)made with the information-giver’s consent; or

(iii)expressly permitted or required under this or another Act; or

(iv)to the Minister.

(3)Subject to subsection (2), the recipient must not use the information for a purpose other than for which it is given.

(4)If the recipient does not comply with subsection (2) or (3), the recipient is liable to pay the information-giver—

(a)compensation for any loss the information-giver incurs because of the failure to comply with the subsection; and

(b)the amount of any commercial gain the recipient makes because of the failure to comply with the subsection.

(5)A secondary recipient must not use the information for a purpose other than for which it is given.

(6)If a secondary recipient does not comply with subsection (5), the secondary recipient is liable to pay the information-giver—

(a)compensation for any loss the information-giver incurs because of the failure to comply with the subsection; and

(b)the amount of any commercial gain the secondary recipient makes because of the failure to comply with the subsection.

161Definitions for division

In this division—

ATP major gas infrastructure, for an ATP, see section 166.

lost production see section 162.

PL connecting infrastructure see section 165.

PL major gas infrastructure, for a PL, see section 163.

PL minor gas infrastructure, for a PL, see section 164.

reconciliation payment see section 172(2)(a) and (c)(i).

replacement gas see section 172(2)(b) and (c)(ii).

replace includes remove and relocate.

162What is lost production

(1)

Lost production means coal seam gas production foregone by a PL holder.

(2)Lost production must be calculated in the way, and consistent with the principles, prescribed by regulation.

163What is PL major gas infrastructure

(1)PL major gas infrastructure, for a PL, means a gas facility for the PL that is—

(a)a pipeline within the meaning of the P&G Act; or

(b)a petroleum facility within the meaning of the P&G Act; or

(c)a water observation bore within the meaning of the P&G Act; or

(d)significant infrastructure necessarily associated with a gas facility mentioned in paragraph (a), (b) or (c), including, for example, accommodation camps, major roads, communication facilities, workshops, stores and offices; or

(e)equipment or facilities used by the PL holder to carry or transmit gas, water or other substances, telecommunications or electricity, other than gathering lines upstream of field or nodal compressor stations; or

(f)another gas facility prescribed by regulation.

(2)The cost of replacement of PL major gas infrastructure must be assessed in the way, and consistent with the principles, prescribed by regulation.

(3)In this section—

gas facility, for a PL, means equipment and other major facilities included in infrastructure established or used by the PL holder, its contractors or other persons authorised by the PL holder to carry out an authorised activity under the PL.

164What is PL minor gas infrastructure

(1)PL minor gas infrastructure, for a PL, means a field asset for the PL, other than PL major gas infrastructure for the PL, that is—

(a)a pilot or producing petroleum well; or

(b)a sub-nodal collection network; or

(c)a minor access road or track; or

(d)minor facilities and infrastructure associated with, or servicing, anything mentioned in paragraph (a), (b) or (c); or

(e)minor facilities associated with, and servicing, major gas infrastructure, if the major gas infrastructure does not need to be relocated; or

(f)another field asset prescribed by regulation.

(2)The cost of replacement of PL minor gas infrastructure must be assessed in the way, and consistent with the principles, prescribed by regulation.

(3)In this section—

field asset, for a PL, means equipment and other minor facilities included in infrastructure established or used by the PL holder, its contractors or other persons authorised by the PL holder to carry out an authorised activity under the PL.

165What is PL connecting infrastructure

(1)PL connecting infrastructure, for a PL, means infrastructure that connects PL major gas infrastructure for the PL to a petroleum well.

(2)The cost of replacement of PL connecting infrastructure must be assessed in the way, and consistent with the principles, prescribed by regulation.

166What is ATP major gas infrastructure

(1)

ATP major gas infrastructure, for an ATP, means—

(a)a pilot well for the ATP, if—

(i)the pilot well was drilled or constructed under the authority of the ATP; and

(ii)when the ATP holder was given an 18 months notice by an ML (coal) holder from whom the ATP holder seeks compensation under this division, the pilot well—

(A)was being used, or being held, for future production; and

(B)was not planned to be abandoned; and

(b)other infrastructure prescribed by regulation.

(2)The cost of abandonment of ATP major gas infrastructure must be assessed in the way, and consistent with the principles, prescribed by regulation.

(3)In this section—

pilot well includes any item of infrastructure associated with a pilot well.

167Liability of ML (coal) holder to compensate PL holder

(1)This section applies if—

(a)an ML (coal) holder gives an acceleration notice to a PL holder and, because of the acceleration notice, the PL holder—

(i)suffers, or will suffer, lost production; or

(ii)is, or will be, required to replace PL minor gas infrastructure for the PL; or

(b)an ML (coal) holder carries out, or proposes to carry out, authorised activities in an IMA or RMA for an overlapping area and, because of the authorised activities—

(i)PL connecting infrastructure for a PL is or will be physically severed and the PL holder is or will be required to replace the PL connecting infrastructure; or

(ii)the PL holder is or will be required to replace PL major gas infrastructure for the PL.

(2)The ML (coal) holder is liable to compensate the PL holder for—

(a)if subsection (1)(a)(i) applies—the lost production; or

(b)if subsection (1)(a)(ii) applies—the cost of replacement of the PL minor gas infrastructure; or

(c)if subsection (1)(b)(i) applies—the cost of replacement of the PL connecting infrastructure; or

(d)if subsection (1)(b)(ii) applies—the cost of replacement of the PL major gas infrastructure; or

(e)if subsection (1)(a) applies, but the mining commencement date for an IMA or RMA identified in the acceleration notice is changed by the ML (coal) holder to a later date—additional costs incurred by the PL holder because of the delay in the mining commencement date, other than to the extent the liability to compensate is reduced under subsection (4).

(3)The ML (coal) holder’s liability under subsection (2) to compensate the PL holder is the ML (coal) holder’s compensation liability to the PL holder.

(4)The ML (coal) holder’s compensation liability for the PL holder’s additional costs as mentioned in subsection (2)(e) is reduced to the extent the delay is caused by any event beyond the control of the ML (coal) holder, but only if the ML (coal) holder—

(a)as soon as practicable gives written notice to the PL holder of—

(i)the event; and

(ii)the details of any cause of the event; and

(b)takes all reasonable steps to minimise the effect of the event on the mining commencement date.

168Liability of ML (coal) holder to compensate ATP holder

(1)This section applies if—

(a)an ML (coal) holder carries out, or proposes to carry out, authorised activities in an IMA or RMA; and

(b)because of the authorised activities, an ATP holder is or will be required to abandon ATP major gas infrastructure.

(2)The ML (coal) holder is liable to compensate the ATP holder for the cost of abandonment of the ATP major gas infrastructure.

(3)The ML (coal) holder’s liability under subsection (2) to compensate the ATP holder is the ML (coal) holder’s compensation liability to the ATP holder.

169Meeting compensation liability

(1)Unless otherwise agreed, a petroleum resource authority holder is entitled to receive an amount to meet a compensation liability only if the petroleum resource authority holder is able to give information that shows the value of any lost production, replacement costs or cost of abandonment for which compensation is claimed.

(2)A petroleum resource authority holder is not entitled to receive an amount of compensation on more than one occasion to meet any compensation liability that may at any time apply to a particular IMA or RMA.

(3)An ML (coal) holder is not required to pay an amount to meet a compensation liability arising from lost production until when the production would otherwise have happened.

170Minimising compensation liability

(1)An ML (coal) holder and a petroleum resource authority holder must both take all reasonable steps to minimise compensation liability in the way, and consistent with the principles, prescribed by regulation.

(2)If, after complying with subsection (1), the ML (coal) holder continues to have a compensation liability to the petroleum resource authority holder, the ML (coal) holder must, to the extent reasonable, offer the petroleum resource authority holder an amount of natural gas that is equal to the amount of the compensation liability.

(3)If, after complying with subsection (2), the ML (coal) holder continues to have a compensation liability to the petroleum resource authority holder, the ML (coal) holder must give the petroleum resource authority holder a payment equal to the amount of the compensation liability.

171Offsetting of compensation liability

(1)An ML (coal) holder’s compensation liability to a petroleum resource authority holder is reduced to the extent of the value of the following—

(a)incidental coal seam gas supplied to the petroleum resource authority holder on the acceptance of an offer made under section 138;

(b)undiluted incidental coal seam gas offered to the petroleum resource authority holder under section 138 but not supplied to the petroleum resource authority holder because the offer is not accepted.

(2)However, subsection (1)(b) applies only to the extent it was reasonably practicable for the petroleum resource authority holder to take supply of the undiluted incidental coal seam gas when the offer was made under section 138.

(3)The value of the incidental coal seam gas mentioned in subsection (1) must be calculated in the way, and consistent with the principles, prescribed by regulation.

172Reconciliation payments and replacement gas

(1)This section applies if—

(a)under this division, a PL holder receives a payment or an amount of natural gas from an ML (coal) holder to meet a compensation liability for lost production; and

(b)the PL holder subsequently recovers coal seam gas that was the subject of the compensation liability.

(2)The PL holder is liable to give the ML (coal) holder—

(a)a payment (a reconciliation payment) for the coal seam gas recovered; or

(b)an amount of natural gas (replacement gas) that is equal to the amount of coal seam gas recovered; or

(c)both of the following—

(i)a payment (also a reconciliation payment) for part of the coal seam gas recovered;

(ii)an amount of natural gas (also replacement gas) that is equal to the amount of coal seam gas recovered that is not the subject of the reconciliation payment under subparagraph (i).

(3)The amount of a reconciliation payment—

(a)must be calculated in the way, and consistent with the principles, prescribed by regulation; and

(b)must not be more than the amount received to meet the compensation liability.

173Claiming compensation

(1)If a petroleum resource authority holder considers an ML (coal) holder has a compensation liability to the petroleum resource authority holder, the petroleum resource authority holder must—

(a)advise the ML (coal) holder of the liability as soon as reasonably practicable; and

(b)include with the advice a written proposal for calculating the amount of compensation payable.

(2)The ML (coal) holder may either—

(a)accept the proposal; or

(b)respond with a written counter proposal.

174Availability of dispute resolution

(1)This section applies if—

(a)either of the following applies—

(i)a petroleum resource authority holder is entitled to receive a payment of an amount to meet a compensation liability;

(ii)an ML (coal) holder is entitled to receive a reconciliation payment or replacement gas; and

(b)the petroleum resource authority holder and ML (coal) holder can not agree on 1 or more of the following—

(i)the amount of the payment to meet the compensation liability the petroleum resource authority holder is entitled to receive;

(ii)when the payment of the amount to meet the compensation liability must be made;

(iii)the amount of the reconciliation payment the ML (coal) holder is entitled to receive;

(iv)when the reconciliation payment must be made;

(v)the amount of replacement gas the ML (coal) holder is entitled to receive;

(vi)when the replacement gas must be given.

(2)The petroleum resource authority holder or the ML (coal) holder may apply for arbitration of the dispute.

174A Definitions for chapter

In this chapter—

agreed co-existence plan means an agreed co-existence plan under—

(a)the Mineral Resources Act, section 271AB; or

(b)the P&G Act, section 400 or 440.

agreed joint development plan see section 103.

agreed plan means—

(a)an agreed joint development plan; or

(b)an agreed co-existence plan.

co-existing area means land that is the subject of—

(a)a later mining lease and an existing authority as mentioned in the Mineral Resources Act, section 271AB; or

(b)a pipeline licence and an existing geothermal lease, GHG lease or mining lease as mentioned in the P&G Act, section 400; or

(c)a petroleum facility licence and an existing mining lease as mentioned in the P&G Act, section 440.

overlapping area see section 104.

174B Requirement to give copy of agreed plan

(1)The Minister may, by written notice, require a resource authority holder to whom an agreed plan applies to give the Minister a copy of the agreed plan.

(2)The resource authority holder must give the copy to the Minister within 30 business days after the notice is given under subsection (1).

(3)This section does not apply if the agreed plan has stopped having effect.

174C Amendment of agreed plan

(1)The Minister may, by written notice, require a resource authority holder to whom an agreed plan applies to amend the agreed plan.

(2)The matters the Minister must consider in deciding whether to require an amendment include each of the following—

(a)the potential of each of the resource authority holders to whom the plan applies—

(i)for an agreed joint development plan—to develop coal and coal seam gas resources to optimise the development and use of the State’s coal and coal seam gas resources; or

(ii)for an agreed co-existence plan—to optimise the development and use of the State’s resources;

(b)the extent to which each of the resource authority holders to whom the plan applies have complied with the plan;

(c)whether, if the amendment was made, compliance with the plan would continue to be commercially and technically feasible for the resource authority holders to whom the plan applies;

(d)the content of any development plan under the Mineral Resources Act or P&G Act for each of the resource authorities to which the agreed plan applies.

(3)A notice given under subsection (1) must include an information notice about the Minister’s decision to require the amendment.

174D Request for information

The Minister may, by written notice, ask a resource authority holder to give the Minister any information the Minister considers appropriate to—

(a)for an overlapping area—

(i)optimise the development and use of the State’s coal and coal seam gas resources; or

(ii)ensure safe mining in the overlapping area; or

(b)for a co-existing area—

(i)optimise the development and use of the State’s resources; or

(ii)ensure safe operations in the co-existing area.

174E Right of appeal

(1)This section applies if the Minister decides to exercise a power under section 174C(1).

(2)The P&G Act, chapter 12, part 2 applies, with necessary changes, to the decision as if—

(a)the decision were mentioned in the P&G Act, schedule 1, table 2; and

(b)the P&G Act, schedule 1, table 2 stated the Land Court as the appeal body for the decision; and

(c)a reference in the P&G Act, chapter 12, part 2 to an information notice included a reference to an information notice under section 174C(3).

175Application of part

(1)This division applies to the following disputes (each an overlap dispute) between persons (each a party)—

(a)a dispute mentioned in section 127 about an exceptional circumstances notice;

(b)a dispute mentioned in section 131, 133, 144 or 146 about a joint development plan to the extent it relates to a relevant matter;

(c)a dispute mentioned in section 174;

(d)a dispute mentioned in the Coal Mining Safety and Health Act 1999, section 64E(3) or (4) or 64H(7);

(e)a dispute mentioned in the P&G Act, section 705B(3) or (4) or 705CB(7);

(f)a dispute mentioned in the Mineral Resources Regulation 2013, section 25(3) or (4) or 28(7).

(2)This division also applies to the following disputes (each a co-existence dispute) between persons (each a party)—

(a)a dispute mentioned in the Mineral Resources Act, section 271AB(9);

(b)a dispute mentioned in the P&G Act, section 400(7);

(c)a dispute mentioned in the P&G Act, section 440(7).

176Definitions for part

In this division—

co-existence dispute see section 175(2).

dispute means—

(a)an overlap dispute; or

(b)a co-existence dispute.

overlap dispute see section 175(1).

party—

(a)for an overlap dispute—see section 175(1); or

(b)for a co-existence dispute—see section 175(2).

177Nomination of arbitrator

(1)A party applies, or parties jointly apply, for arbitration of the dispute by asking a prescribed arbitration institute to nominate an arbitrator.

(2)The prescribed arbitration institute must nominate an arbitrator to decide the dispute.

(3)A prescribed arbitration institute does not incur any civil monetary liability for an act or omission in the performance, or purported performance, of a function under subsection (2) unless the act or omission is done or made in bad faith or through negligence.

178Arbitrator’s functions

(1)The arbitrator has authority to decide the dispute by the issuance of an award.

(2)The award must be consistent with—

(a)for an overlap dispute—

(i)optimising the development and use of the State’s coal and coal seam gas resources; and

(ii)safety and health requirements under mining safety legislation; or

(b)for a co-existence dispute—

(i)optimising the development and use of the State’s resources; and

(ii)safety and health requirements under mining safety legislation.

(3)The award must be made—

(a)within 6 months after the appointment of the arbitrator; or

(b)if the arbitrator decides—within 9 months after the appointment of the arbitrator.

(4)A regulation may prescribe matters an arbitrator must consider in deciding an award.

(5)A regulation made under subsection (4) does not limit the matters an arbitrator may consider.

179Expert appointed by arbitrator

(1)The arbitrator—

(a)for an overlap dispute—

(i)must appoint at least 1 qualified person with expertise in coal mining, and 1 qualified person with expertise in coal seam gas exploration and production (each an appointed expert), to report to the arbitrator on specific issues decided by the arbitrator; and

(ii)may appoint another appropriately qualified person (also an appointed expert) to report to the arbitrator on specific issues decided by the arbitrator; and

(b)for a co-existence dispute—may appoint an appropriately qualified person (also an appointed expert) to report to the arbitrator on specific issues decided by the arbitrator; and

(c)may require a party to the arbitration to give an appointed expert any relevant information or to produce, or to provide access to, any relevant documents or other property for the appointed expert’s inspection.

(2)If a party to the arbitration requests, or if the arbitrator considers it necessary, the appointed expert must, after delivery of the appointed expert’s written or oral report, participate in a hearing where the parties to the arbitration have the opportunity to put questions to the appointed expert and present persons with relevant expertise to give evidence on the points at issue.

(3)In this section—

qualified person means a person with the experience or qualifications prescribed by regulation.

180Application of Commercial Arbitration Act 2013

The Commercial Arbitration Act 2013 applies to the arbitration to the extent it is not inconsistent with this chapter.

181Costs of arbitration

(1)The parties to the arbitration are liable to pay the costs of the arbitration in equal shares, unless the arbitrator decides otherwise.

(2)In this section—

costs, of the arbitration, includes the fees and expenses of the arbitrator.

182Effect of arbitrator’s decision

(1)The arbitrator’s decision is final.

(2)The parties to the arbitration may not apply for review of, or appeal against, the decision.

(3)The arbitrator’s decision does not limit or otherwise affect—

(a)a power of the Minister under chapter 5, part 2; or

(b)a power of an inspector under mining safety legislation; or

(c)a power of the Supreme Court to decide a decision of the arbitrator is affected by jurisdictional error.

(4)The arbitrator’s decision on a matter in dispute between the parties to the arbitration has the same effect as if the parties had entered into a binding and enforceable agreement to the same effect as the decision.

183Copy of award and reasons for award

The parties to the arbitration must give the chief executive a copy of the award and the arbitrator’s reasons for the issuance of the award.