Content of notices for the overlapping framework
Advance notice
An advance notice must:
- state that the mining lease (ML) applicant has applied for the grant of the ML
- include a copy of the application for the ML, other than any statement detailing the applicant's financial and technical resources
- if the coal seam gas (CSG) authority is an authority to prospect (ATP), identify any initial mining area (IMA) or rolling mining area (RMA) in the overlapping area, and the mining commencement date for the IMA or RMA
- if the CSG authority is a petroleum lease (PL) or PL applicant, include a joint development plan (JDP) for the overlapping area the subject of the ML
- include any other information prescribed by regulation (no other information is currently prescribed by regulation).
(Mineral and Energy Resources (Common Provisions) Act 2014 (MERCP Act) s. 121)
18 months notice
An 18-months notice must:
- state that the ML holder or applicant intends to commence authorised activities for the ML in an IMA in an overlapping area the subject of the ML
- state the mining commencement date for the IMA
- include any other information prescribed by regulation (no other information is currently prescribed by regulation).
(MERCP Act s. 122)
Confirmation notice
The confirmation notice for an ML must:
- state that the ML holder intends to commence authorised activities for the ML (coal) in an IMA in an overlapping area the subject of the ML
- state the commencement date for the IMA
- confirm the ML holder will start coal mining operations in the IMA on the commencement date
- include any other information prescribed by regulation (no other information is currently prescribed by regulation).
(MERCP Act s. 123)
RMA notice
An RMA notice must:
- state that the ML holder intends to commence authorised activities for the ML in an RMA in an overlapping area the subject of the ML
- state the mining commencement date for the RMA
- confirm that the ML holder will start coal mining operations in the RMA on the mining commencement date for the RMA
- include any other information prescribed by regulation (no other information is currently prescribed by regulation).
(MERCP Act s. 125)
Exceptional circumstances notice
An exceptional circumstances notice must include:
- the exceptional circumstances justifying the extension
- the petroleum resource authority holder's preferred mining commencement date — must not be more than 5 years after the mining commencement date for the IMA or RMA
- supporting technical data, such as production modelling.
(MERCP Act s. 127)
Notice to the Chief Executive about the change to mining commencement date
Must state:
- the exceptional circumstances justifying a new mining commencement date have been accepted by the ML (coal) holder or established by arbitration
- the new mining commencement date
- any other information prescribed by a regulation
- the identifying ML number (Mineral and Energy Resources (Common Provisions) Regulation 2016 Regulation (MERCP Reg) s. 38)
(MERCP Act s. 127(8)(b))
Acceleration notice
An acceleration notice must:
- state the earlier mining commencement date
- include any other information prescribed by regulation (no other information is currently prescribed by regulation).
(MERCP Act s. 128)
Abandonment notice
An abandonment notice must:
- identify the area of the IMA or RMA that the ML holder proposes to abandon sole occupancy
- state the date that the ML holder proposes to abandon sole occupancy
- include any other information prescribed by regulation (no other information is currently prescribed by regulation).
(MERCP Act s. 128)
Petroleum production notice
A petroleum production notice must:
- state that the PL applicant has applied for the grant of the PL
- include a copy of the application for the PL, other than any statement detailing the applicant's financial and technical resources
- state if the coal resource authority is an ML or MLA – include a proposed JDP
- include any other information prescribed by regulation (no other information is currently prescribed by regulation).
(MERCP Act s. 141)
Notice to the Chief Executive about joint agreed development plan
Must state:
- that the plan is in place
- the period that the plan has effect
- other information prescribed by regulation. (MERCP Reg s. 43)
- a map that shows:
- each of the resource authorities, identified by their identifying number
- each overlapping area
- the statement in the agreed JDP about the optimisation of the development and use of the State’s coal and CSG resources (MERCP Act s. 142(3)(e))
- a statement about whether the agreed JDP has been prepared in accordance with section 142 (3) of the MERCP Act.
- a map that shows:
(MERCP Act s. 142(2)(b))