Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 826

826 Application of incidental coal seam gas provisions

(1) Subject to subsections (2), (3) and (4), the new incidental coal seam gas provisions apply to a mining lease whether the mining lease is granted before or after the commencement.

(2) Subsection (3) applies if—

(a) a person holds an ML (coal) granted before the commencement; and

(b) another person holds—

(i) an ATP, whenever granted; or

(ii) a PL, whenever granted; and

(c) the area of the ML (coal) and the ATP or PL overlap.

(3) Chapter 8, part 8, as in force before the commencement continues to apply as if the new incidental coal seam gas provisions had not commenced.

(4) Despite subsection (3), the new incidental coal seam gas provisions apply to an ML (coal) granted before the commencement if—

(a) the ML (coal) holder offers to supply any incidental coal seam gas in the overlapping area to an ATP or PL holder under the Common Provisions Act, section 138; and

(b) the ATP or PL holder does not accept the offer under the Common Provisions Act, section 138.

(5) However, for applying the Common Provisions Act, section 138, each of the following applies—

(a) the written notice of the offer given under section 138(2) need not comply with the requirements under paragraphs (a) to (c) of section 138(2);

(b) section 138 (3) is taken to provide only that the petroleum resource authority holder may accept the offer within 12 months after receiving the written notice, or a later period agreed to by the ML (coal) holder;

(c) the reference in section 138(7) to ‘gas offered to a petroleum resource authority holder under subsection (2)(a)’ is taken to be a reference to ‘undiluted incidental coal seam gas offered to a petroleum resource authority holder under subsection (2)’.

(6) In this section—

"amended" means amended, repealed or inserted by the Common Provisions Act.

"ATP" see the Common Provisions Act, section 103.

"commencement" means the commencement of this section.

"mining lease" means a coal mining lease or an oil shale mining lease.

"ML (coal)" see the Common Provisions Act, section 103.

"new incidental coal seam gas provisions" means sections 318CL, 318CN, 318CNA and 318CO, as amended by the Common Provisions Act.

"PL" see the Common Provisions Act, section 103.