Mandatory requirements for overlapping resource authorities

All resource authority holders who are affected by the overlapping tenure framework must comply with the mandatory requirements provided in s. 117 of the Mineral and Energy Resources (Common Provisions) Act 2014 (MERCP Act). This page summarises the requirements and who they apply to.

Notices of lease applications

Lease applicants must notify the overlapping authority holder within 10 business days of lodging their application. (MERCP Act s. 121 and 141)

Applies to

Joint development plans for production authorities

When leases overlap, the holders must agree to a joint development plan to detail arrangements in the overlapping area. (MERCP Act s.130 and 142)

Applies to

Exchange of information

Holders of overlapping authorities must share any information that is reasonably necessary to allow them to optimise the development and use of the coal and coal seam gas (CSG) resources in the overlapping area. (MERCP Act s. 154)

The information required to be shared 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.

It also includes information about any application relating to the overlapping area made by the resource authority holder under the resource Act. For the purposes of the overlapping tenure framework, the term 'resource Act' refers to the Mineral Resources Act 1989, Petroleum and Gas (Production and Safety) Act 2004, MERCP Act or the Petroleum Act 1923.

Any amendment of a mine plan required to be kept by the resource authority holder under a resource Act or s. 67 of the Coal Mining Safety and Health Act 1999 must also be shared.

The information must be provided within 20 business days of the overlapping area coming into existence, and once a year after that. Holders of overlapping authorities must meet at least once a year to facilitate information sharing.

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Compliance with ministerial directions

Holders of overlapping authorities must comply with ministerial directions about agreed joint development plans and requests for information. (MERCP Act s. 157-160)

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Notification of exceptional circumstances

Holders of mining leases that overlap with an authority to prospect (ATP) for CSG must notify the Department of Resources within 20 business days if they accept a new mining commencement date due to exceptional circumstances cited by the ATP holder. (MERCP Act s. 127(8))

Applies to

Additional requirement for exploration authorities

Holders of exploration authorities can only carry out activities in an overlapping area if the activity does not adversely affect the other overlapping resource authority holders. (MERCP Act s. 152)

Applies to

Also consider...

• Read about applying for a resource authority.
• Access technical support for MyMinesOnline.