Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 837A

837A Application of Common Provisions Act, s 138 to particular coal mining leases

(1) This section applies if—

(a) the area of a coal mining lease granted after the relevant commencement overlaps the area of a petroleum lease granted before the relevant commencement; and

(b) the new overlap provisions do not apply to the circumstance of the overlap under the Common Provisions Act, section 232(2).

(2) For applying the Common Provisions Act, section 138 to the coal mining lease, each of the following applies—

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

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

(3) This section applies to a coal mining lease mentioned in subsection (1) even if it was granted before the commencement of this section.

(4) In this section—

"new overlap provisions" means the Common Provisions Act, chapter 4.

"relevant commencement" means the commencement of section 826.