Exploration permit (coal), mineral development licence (coal) and authority to prospect obligations for overlapping tenures

Authorised activities

If you are a holder of a resource authority listed in Column 1 (refer to table below), you may only carry out an authorised activity in an overlapping area if:

• it does not adversely affect a corresponding resource authority (in Column 2) from carrying out their authorised activities (Mineral and Energy Resources (Common Provisions) Act 2014 (MERCP Act) s. 152 and
• carrying out the authorised activity for the corresponding resource authority (in Column 2) has already started in the overlapping area.

Expedited access notice

An ATP holder is required to provide a negotiation notice to an ML (coal) holder before entering an overlapped area. The ATP holder must negotiate either a conduct and compensation agreement, a deferral agreement or an opt-out agreement. (MERCP Act s. 84)

However, an ATP holder may expedite access to an overlapping area (other than an initial mining area (IMA) or simultaneous operating zone (SOZ)) to carry out an authorised activity if:

• they give the ML (coal) holder an expedited entry notice and
• they first enter the overlapping area at least 10 business days after the ATP holder gives the ML (coal) holder the expedited entry notice.

Exchanging information

The resource authority holders for an overlapping area must give each other all information reasonably necessary to allow them to optimise the development and use of coal and coal seam gas resources in the overlapping area. (MERCP Act s. 154)

The information that must be exchanged includes:

• operational and development plans
• location of gas and mining infrastructure
• development and production goals
• scheduling of authorised activities
• rehabilitation and environmental management
• safety and health arrangements
• information about any application relating to the overlapping area
• any amendment of a mine plan
• any other information prescribed by regulation (no other information is currently prescribed by regulation).

The information must be given:

• within 20 business days after the overlapping area comes into existence and
• at least once during each year that the resource authorities for the overlapping area are in force.

Concurrent applications

ATP Holder

An ATP holder who receives an advance notice from an ML applicant and intends to lodge a PL application within 6 months, may give the ML applicant a concurrent notice stating they intend to lodge a PL application. (MERCP Act s. 149)

The concurrent notice must be given within 3 months of receiving the advance notice.

If a PL application is lodged within 6 months, the ATP holder then should be treated as if they were already a PL applicant for the purpose of the overlapping provisions. Refer to Pre-grant obligations for PL applicant.

EPC or MDL holder

For an EPC or MDL holder who receives a petroleum production notice from a PL applicant and lodges an ML application before the PL is granted; the ML applicant must give the PL applicant an advance notice. Refer to Pre-grant obligations for ML applicant. (MERCP Act s. 150)

Contents of notices

Learn what information is required for each overlapping notice.