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MINERAL RESOURCES ACT 1989 - SECT 318CR
Restriction on carrying out particular authorised activities
318CR Restriction on carrying out particular authorised activities
(1) The mining lease holder must not carry out a relevant activity for an
adjacent lease or proposed adjacent lease unless— (a) the adjacent lease
holder, or the proposed adjacent lease holder, has consented in writing to the
carrying out of the activity; or
(b) the activity is carried out under— (i)
a coordination arrangement mentioned in section 318CQ ; or
(ii) a decision of
the Land Court under section 318CS .
(2) However, if the adjacent lease was
granted after the mining lease was granted and, when the adjacent lease was
granted, the mining lease holder was carrying out the relevant activity,
subsection (1) does not apply to the mining lease holder until the later of
the following— (a) 6 months after granting of the adjacent lease;
(b) if
within the 6 months the mining lease holder applies to the Land Court under
section 318CS —when the Land Court decides the application.
(3) In this
section—
"relevant activity" , for an adjacent lease or proposed adjacent lease,
means— (a) the mining, under the mining lease, of coal seam gas that comes,
or is likely to come, from the part of the reservoir that is in the area of an
adjacent lease or the proposed adjacent lease; or
(b) another authorised
activity under the mining lease that physically adversely affects, or may
physically adversely affect, the carrying out of authorised activities under
an adjacent lease or the proposed adjacent lease.
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