(1) This division applies if, before 31 December 2004, a lease was granted and when it was granted its area included any of the following land (
"overlapping land" )—(a) land in the area of an MDL that is a coal or oil shale exploration tenement;(b) land the subject of an application (the
"MDL application" ) under the Mineral Resources Act for an MDL made but not decided before 31 December 2004 if the MDL applied for would, if granted, be a coal or oil shale exploration tenement.
(2) However, this division does not apply, or ceases to apply, if—(a) the same person holds the lease and the MDL; or(b) the overlapping land ceases to be in the area of the lease or the MDL or to be subject to the MDL application; or(c) the person who made the MDL application (the
"MDL applicant" ) is also the lessee; or(d) the MDL application is rejected; or(e) the MDL holder or the MDL applicant has agreed in writing with the lessee that this division does not apply.