Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 318CB

318CB Restriction on issuing mining lease notice and additional requirements for grant

(1) Section 252A does not apply for the application, and the Minister can not under section 271A grant the mining lease until—

(a) the applicant has negotiated, with the petroleum lease holder, a proposed coordination arrangement (a
"relevant arrangement" ) about the following matters—

(i) coal or oil shale mining and any incidental coal seam gas under the proposed mining lease;

(ii) petroleum production under the petroleum lease; and

(b) the Minister has approved the relevant arrangement; and

(c) there is a safety and health management system that applies for the proposed mining lease; and

(d) the petroleum lease holder has lodged a notice that the holder has agreed to the system.

(2) Subsections (3) and (4) apply if the Minister is satisfied the applicant and the petroleum lease holder have, as required under section 318CA , made reasonable attempts to reach a relevant arrangement and—

(a) the petroleum lease holder has lodged a written notice stating there are no reasonable prospects of a relevant arrangement being made; or

(b) a relevant arrangement has not been lodged for approval by the Minister and the Minister considers the applicant and the petroleum lease holder have had a reasonable opportunity to make a relevant arrangement.

(2A) Despite subsection (1) , a mining lease notice may be issued under section 252A for the application if the petroleum lease holder has consented to the making of the application and the issuing of the notice.

(3) A mining lease notice can not be issued for the application.

(4) The Minister may immediately decide to reject the application.

(5) In this section—

"safety and health management system" means—

(a) for a coal mining lease—a safety and health management system under the Coal Mining Safety and Health Act 1999 ; or

(b) for an oil shale mining lease—a safety and health management system under the Mining and Quarrying Safety and Health Act 1999 .