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MINING ACT 1992 - SECT 78
Inclusion of petroleum in mining lease
78 Inclusion of petroleum in mining lease
(1) The holder of a mining lease for coal may apply for the inclusion in the
lease of petroleum.
(2) The application must be lodged with the Secretary.
(3) After considering the application, the Minister-- (a) may, by order in
writing served on the applicant, direct that the mining lease apply to
petroleum, or
(b) may refuse the application.
(4) Without limiting the
generality of subsection (3), the Minister must refuse an application if the
land to which the application relates-- (a) is within the New South Wales
adjacent area, within the meaning of the Petroleum (Offshore) Act 1982 , or
(b) is subject to a petroleum exploration licence or a petroleum mining lease
granted under the Petroleum (Onshore) Act 1991 .
(5) A direction may be
given unconditionally or subject to such conditions as are specified in the
direction.
(6) Without limiting the generality of subsection (5), the
Minister may direct that a mining lease is to apply to petroleum subject to a
condition relating to any one or more of the following matters-- (a) the
limitation of the right to prospect or drill for petroleum to part only of the
mining area,
(b) the limitation of that right to prospecting or drilling for
some specified type or form of petroleum only,
(c) the working practices and
methods of extraction to be used when prospecting or drilling for petroleum,
(d) the use to which any petroleum recovered may be put,
(e) the joint mining
and development of petroleum with the holder of a mining lease, or with the
holder of a petroleum mining lease under the Petroleum (Onshore) Act 1991 ,
over land adjoining the mining area.
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