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PETROLEUM ACT 1923 - SECT 3
Relationship with Mineral Resources Act
3 Relationship with Mineral Resources Act
(1) This section does not apply to a coal or oil shale mining tenement.
Notes— 1 For provisions for coal seam gas, see part 6F .
2 For the
relationship between the Mineral Resources Act and the 2004 Act , see the
Mineral Resources Act , section 3A .
(2) Subject to subsections (3) to (6)
, the Mineral Resources Act does not limit or otherwise affect— (a) the
power under this Act to grant or renew a lease or renew an authority to
prospect over land (the
"overlapping land" ) in the area of a mining tenement under the
Mineral Resources Act ; or
(b) a lease or authority to prospect already
granted under this Act over land (also the
"overlapping land" ) in the area of an existing mining tenement.
(3) If the
mining tenement is a mining lease (other than a transportation mining lease),
an authorised activity for the authority to prospect or lease under this Act
may be carried out on the overlapping land only if— (a) the mining lease
holder has agreed in writing to the carrying out of the activity; and
(b) a
copy of the agreement has been lodged; and Note— For other relevant
provisions about lodging documents, see part 9 , division 1A .
(c) the
agreement is still in force.
(4) If the mining tenement is an exploration
permit, mineral development licence or transportation mining lease, an
authorised activity for the authority to prospect may be carried out on the
overlapping land only if— (a) the mining tenement holder has agreed in
writing to the carrying out of the activity, a copy of the agreement has been
lodged and the agreement is still in force; or
(b) carrying out the activity
does not adversely affect the carrying out of an authorised activity for the
tenement that has already started.
(5) If the mining tenement is an
exploration permit or a mineral development licence and the overlapping land
is in the area of the lease under this Act, an authorised activity for the
mining tenement may be carried out on the overlapping land only if— (a) the
lessee has agreed in writing to the carrying out of the activity; and
(b) a
copy of the agreement has been lodged; and
(c) the agreement is still in
force.
(6) In this section—
"transportation mining lease" means a mining lease granted under the
Mineral Resources Act , section 316 .
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