“Be in the same term” means that the agreements being consolidated must all either be in their intermediate term, primary term, or same continued term, such as all under a Section 15, or all under a Section 16 or all under a Section 17 or all under Section 82.1.
In the case of shallow rights reversion (Section 82.1 of the Mines and Minerals Act
) agreements, would the following be considered in the ‘same term’?
- Agreement A is continued indefinitely under Section 15; and
- Agreement B was continued indefinitely under Section 15 but was served a notice under Section 82.1 or Section 18.
These agreements are not considered to be in the same term. Both agreements have to be continued indefinitely under Section 15 or both under notice pursuant to Section 82.1. Agreements under notice pursuant to Section 18 may not be consolidated because to do so may remove the obligation under notice from one agreement. That is not the purpose of consolidation.