(225 ILCS 725/23.8) (from Ch. 96 1/2, par. 5445)
Sec. 23.8.
No order of the Department providing for unit
operations shall become effective unless and until the plan of
unitization has been approved in writing by those persons who, under
the order, will be required to pay at least 51%
of the unit expense, and also by the persons owning at least 51%
of the unit production or proceeds thereof that will be credited
to interests which are free of unit expense, including but
not limited to, royalties, overriding royalties, carried interests,
net profit interests, and production payments, and the Director has
made such a finding, either in the order providing for
unit operations or in a supplemental order, that the plan of
unitization has been so approved; provided, however, that if any
person is obligated to pay 51% or more, but less than
100% of the unit expense, the approval of that person and at least
one other such person shall be required; and if one person
entitled to production or proceeds thereof will be credited to
interests which are free of unit expense, owns 51% or more,
but less than 100%, the approval of that person and at least one
other such person shall be required. If the plan of unitization
has not been so approved at the time the order providing for
unit operations is issued, the Department shall,
upon petition and notice, hold such supplemental hearings as
may be required to determine if and when the plan of unitization has
been so approved and shall issue a supplemental order evidencing
such approval. If the requisite number of persons and the
requisite percentage of interests in the unit area do not
approve the plan of unitization within a period of 6 months
from the date on which the order providing for unit operations
is made, such order shall be revoked by the Department unless for
good cause shown the Department extends said time for an
additional period of time not to exceed one year.
(Source: P.A. 89-243, eff. 8-4-95.)
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