Queensland Numbered Acts

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MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014 No. 47 - SECT 128

128 Acceleration notice may be given by ML (coal) holder

(1) This section applies if an ML (coal) holder considers a proposed mining commencement date, or an agreed mining commencement date, for an IMA or an RMA, should be an earlier date.

(2) The ML (coal) holder may give the PL holder a notice (an acceleration notice) that—

(a) states an earlier proposed mining commencement date for the IMA or RMA; and
(b) includes any other information prescribed by regulation.

(3) The acceleration notice may be given only in the period—

(a) starting on the day an advance notice is given to the PL holder; and
(b) ending on the day that is 18 months before the proposed or agreed mining commencement date for the IMA or RMA.

(4) The ML (coal) holder must amend any joint development plan that applies to the ML (coal) holder to ensure it is consistent with the acceleration notice.

(5) The acceleration notice has effect to change a proposed or agreed mining commencement date whether or not the PL holder agrees to the change.

Note—
See section 167(1)(a) for the liability of an ML (coal) holder who gives an acceleration notice to a PL holder to compensate the PL holder.


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