Transitional arrangements for overlapping tenures

Resource authorities that were in effect in 2016—prior to the new overlapping provisions being introduced to the Mineral and Energy Resources (Common Provisions) Act 2014 (MERCP Act), are subject to transitional provisions in relation to notifications below.

Post-grant obligations

Notification requirements

18 months notice

For overlapping authority to prospect (ATP), the ML holder must give notice to the ATP holder 18 months before mining. The notice must include confirmation that mining will commence in the IMA on the nominated mining commencement date.

This notice can be sent at the same time as the advance notice. (MERCP Act s. 122 (3))

Confirmation notice

For overlapping petroleum lease (PL), the mining lease (ML) holder must give notice to the PL holder 18 months to 2 years before mining. The notice must include confirmation that mining will commence in the initial mining area (IMA) on the nominated mining commencement date. (MERCP Act s. 123)

Acceleration notice

The ML holder can issue an acceleration notice if they believe the mining commencement date should be earlier. (MERCP Act s. 128)

This notice can only be given from the day the advance notice is received and 18 months before the mining commencement date.

Abandonment of sole occupancy

If the ML holder decides they no longer require sole occupancy of the IMA or rolling mine area (RMA) they must notify the petroleum resource authority (PRA) holder. (MERCP Act s. 129)

Contents of notices

Learn what information is required for each overlapping notice.