Mineral Resources Act 1989

This subdivision applies if, before the commencement, a petroleum lease under the Petroleum Act 1923 was granted and when it was granted the area of the lease included any of the following land (overlapping land)—

land in the area of an MDL that is a coal or oil shale exploration tenement;

land the subject of an application (the MDL application) for an MDL made but not decided before the commencement if the MDL applied for would, if granted, be a coal or oil shale exploration tenement under that Act.

However, this subdivision does not apply, or ceases to apply, if—

the same person holds the lease and the MDL; or

the overlapping land ceases to be in the area of the lease or the MDL, or subject to the MDL application; or

the person who made the MDL application (the MDL applicant) is also the lessee; or

the MDL application is rejected; or

the MDL holder or the MDL applicant has agreed in writing with the lessee that this division does not apply.