{"id":"qld:act-2010-031","name":"Geothermal Energy Act 2010","slug":"geothermal-energy-act-2010","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"31 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29852,"registerId":"qld-act-2010-031-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Geothermal Energy Act 2010 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nSubject to subsections (2) and (3) , this Act commences on a day to be fixed by proclamation.\nThe following provisions commence on the date of assent—\nchapter 9 , part 2 ;\nchapter 10 , part 1 ;\nschedule 2 , part 1 .\nSchedule 2 , part 3 commences immediately after all of chapter 10 and all of the other provisions of schedule 2 have commenced.\n(sec.2-ssec.1) Subject to subsections (2) and (3) , this Act commences on a day to be fixed by proclamation.\n(sec.2-ssec.2) The following provisions commence on the date of assent— chapter 9 , part 2 ; chapter 10 , part 1 ; schedule 2 , part 1 .\n(sec.2-ssec.3) Schedule 2 , part 3 commences immediately after all of chapter 10 and all of the other provisions of schedule 2 have commenced.\n- (a) chapter 9 , part 2 ;\n- (b) chapter 10 , part 1 ;\n- (c) schedule 2 , part 1 .","sortOrder":2},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Purposes and application of Act","content":"# Purposes and application of Act","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Purposes of Act and their achievement","content":"### sec.3 Purposes of Act and their achievement\n\nThe main purpose of this Act is to encourage and facilitate the safe production of geothermal energy for the benefit of all Queenslanders.\nThe main purpose is achieved principally by—\nproviding for the granting of authorities (called ‘geothermal tenures’) to explore for or produce geothermal energy; and\nUnder section 327 , there are several exemptions from the requirement to hold a geothermal tenure. They include exemptions for—\nexempt heat pump production\nother geothermal production that is not of a large-scale.\ncreating a regulatory system for the carrying out of activities relating to geothermal tenures.\nOther purposes of this Act are to—\nensure the following for the carrying out of the activities—\nminimisation of conflict with other land uses;\nconstructive consultation with people affected by the activities;\nappropriate compensation for owners or occupiers of land adversely affected by the activities;\nresponsible land and resource management; and\nencourage the use of renewable energy in the State.\n(sec.3-ssec.1) The main purpose of this Act is to encourage and facilitate the safe production of geothermal energy for the benefit of all Queenslanders.\n(sec.3-ssec.2) The main purpose is achieved principally by— providing for the granting of authorities (called ‘geothermal tenures’) to explore for or produce geothermal energy; and Under section 327 , there are several exemptions from the requirement to hold a geothermal tenure. They include exemptions for— exempt heat pump production other geothermal production that is not of a large-scale. creating a regulatory system for the carrying out of activities relating to geothermal tenures.\n(sec.3-ssec.3) Other purposes of this Act are to— ensure the following for the carrying out of the activities— minimisation of conflict with other land uses; constructive consultation with people affected by the activities; appropriate compensation for owners or occupiers of land adversely affected by the activities; responsible land and resource management; and encourage the use of renewable energy in the State.\n- (a) providing for the granting of authorities (called ‘geothermal tenures’) to explore for or produce geothermal energy; and Note— Under section 327 , there are several exemptions from the requirement to hold a geothermal tenure. They include exemptions for— • exempt heat pump production • other geothermal production that is not of a large-scale.\n- • exempt heat pump production\n- • other geothermal production that is not of a large-scale.\n- (b) creating a regulatory system for the carrying out of activities relating to geothermal tenures.\n- • exempt heat pump production\n- • other geothermal production that is not of a large-scale.\n- (a) ensure the following for the carrying out of the activities— (i) minimisation of conflict with other land uses; (ii) constructive consultation with people affected by the activities; (iii) appropriate compensation for owners or occupiers of land adversely affected by the activities; (iv) responsible land and resource management; and\n- (i) minimisation of conflict with other land uses;\n- (ii) constructive consultation with people affected by the activities;\n- (iii) appropriate compensation for owners or occupiers of land adversely affected by the activities;\n- (iv) responsible land and resource management; and\n- (b) encourage the use of renewable energy in the State.\n- (i) minimisation of conflict with other land uses;\n- (ii) constructive consultation with people affected by the activities;\n- (iii) appropriate compensation for owners or occupiers of land adversely affected by the activities;\n- (iv) responsible land and resource management; and","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Facilitation of Act by Petroleum and Gas (Production and Safety) Act 2004","content":"### sec.4 Facilitation of Act by Petroleum and Gas (Production and Safety) Act 2004\n\nThe Petroleum and Gas (Production and Safety) Act 2004 (the P&G Act ) also facilitates the operation of this Act by—\napplying chapter 9 of that Act (the P&G Act safety provisions ) to particular authorised activities for a geothermal tenure; and\napplying its provisions about investigations and some of its provisions about enforcement to authorised activities for geothermal tenures.\n- (a) applying chapter 9 of that Act (the P&G Act safety provisions ) to particular authorised activities for a geothermal tenure; and\n- (b) applying its provisions about investigations and some of its provisions about enforcement to authorised activities for geothermal tenures.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Act binds all persons","content":"### sec.5 Act binds all persons\n\nThis Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\nHowever, the Commonwealth or a State can not be prosecuted for an offence against this Act.\n(sec.5-ssec.1) This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.5-ssec.2) However, the Commonwealth or a State can not be prosecuted for an offence against this Act.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Application of Act to coastal waters of the State","content":"### sec.6 Application of Act to coastal waters of the State\n\nThis Act applies to the coastal waters of the State as if the coastal waters of the State were part of the State.\nHowever, this Act does not apply to the adjacent area under the Petroleum (Submerged Lands) Act 1982 .\n(sec.6-ssec.1) This Act applies to the coastal waters of the State as if the coastal waters of the State were part of the State.\n(sec.6-ssec.2) However, this Act does not apply to the adjacent area under the Petroleum (Submerged Lands) Act 1982 .","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Relationship with Nature Conservation Act 1992","content":"### sec.7 Relationship with Nature Conservation Act 1992\n\nThis Act is subject to the Nature Conservation Act 1992 , sections 27 and 70QA .\nNature Conservation Act 1992 , sections 27 (Prohibition on mining, geothermal activities and GHG storage activities) and 70QA (Prohibition on mining, geothermal activities and GHG storage activities in forest reserves)","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Relationship with GHG storage Act and principal mining and petroleum Acts","content":"### sec.8 Relationship with GHG storage Act and principal mining and petroleum Acts\n\nThe relationship between this Act and the following Acts and the tenures and other authorities under them is provided for under chapter 5 , parts 2 to 8 and—\nfor the Greenhouse Gas Storage Act 2009 (the GHG storage Act )— chapter 4 , parts 2 to 8 of that Act;\nfor the Mineral Resources Act 1989 (the Mineral Resources Act )— chapter 9 of that Act;\nfor the Petroleum Act 1923 (the 1923 Act )— section 40 (1A) and part 6FA of that Act;\nfor the P&G Act — chapter 3A of that Act.\ns 8 amd 2012 No. 20 s 323 sch 3\n- (a) for the Greenhouse Gas Storage Act 2009 (the GHG storage Act )— chapter 4 , parts 2 to 8 of that Act;\n- (b) for the Mineral Resources Act 1989 (the Mineral Resources Act )— chapter 9 of that Act;\n- (c) for the Petroleum Act 1923 (the 1923 Act )— section 40 (1A) and part 6FA of that Act;\n- (d) for the P&G Act — chapter 3A of that Act.","sortOrder":9},{"sectionNumber":"sec.8AA","sectionType":"section","heading":"Relationship with Common Provisions Act","content":"### sec.8AA Relationship with Common Provisions Act\n\nThe relationship between this Act and the Common Provisions Act is provided for under the Common Provisions Act , section 6 .\ns 8AA ins 2014 No. 47 s 288","sortOrder":10},{"sectionNumber":"sec.8A","sectionType":"section","heading":"Declaration for Commonwealth Act","content":"### sec.8A Declaration for Commonwealth Act\n\nA geothermal tenure is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth) .\ns 8A ins 2012 No. 20 s 9","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Act does not affect other rights or remedies","content":"### sec.9 Act does not affect other rights or remedies\n\nSubject to sections 202 , 360 and 381 this Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.\nsections 202 (Responsibility for geothermal well after decommissioning), 360 (Limitation of owner’s or occupier’s tortious liability for authorised activities) and 381 (Protection from liability for particular persons)\nWithout limiting subsection (1) , compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.\nIn addition, a breach of an obligation under this Act does not of itself give rise to an action for breach of statutory duty or another civil right or remedy.\nThis Act does not limit a court’s powers under the Penalties and Sentences Act 1992 or another law.\n(sec.9-ssec.1) Subject to sections 202 , 360 and 381 this Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise. sections 202 (Responsibility for geothermal well after decommissioning), 360 (Limitation of owner’s or occupier’s tortious liability for authorised activities) and 381 (Protection from liability for particular persons)\n(sec.9-ssec.2) Without limiting subsection (1) , compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.\n(sec.9-ssec.3) In addition, a breach of an obligation under this Act does not of itself give rise to an action for breach of statutory duty or another civil right or remedy.\n(sec.9-ssec.4) This Act does not limit a court’s powers under the Penalties and Sentences Act 1992 or another law.","sortOrder":12},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":13},{"sectionNumber":"ch.1-pt.3-div.1","sectionType":"division","heading":"Dictionary","content":"## Dictionary","sortOrder":14},{"sectionNumber":"sec.10","sectionType":"section","heading":"Definitions","content":"### sec.10 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.\ns 10 amd 2010 No. 31 s 585 sch 2 pt 3","sortOrder":15},{"sectionNumber":"ch.1-pt.3-div.2","sectionType":"division","heading":"Key definitions","content":"## Key definitions","sortOrder":16},{"sectionNumber":"sec.11","sectionType":"section","heading":"What is geothermal energy","content":"### sec.11 What is geothermal energy\n\nGeothermal energy is heat energy derived from the earth’s natural (subsurface) heat.","sortOrder":17},{"sectionNumber":"sec.12","sectionType":"section","heading":"What are geothermal resources","content":"### sec.12 What are geothermal resources\n\nGeothermal resources are geological strata and associated material in which elevated levels of geothermal energy exist.\ngroundwater, other fluids and gases that may fill fractures or voids in geological strata","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"What is geothermal exploration","content":"### sec.13 What is geothermal exploration\n\nGeothermal exploration is—\nexploring for and quantifying geothermal resources; and\ncarrying out investigations and other activities associated with exploring for, or quantifying, geothermal resources.\nSome geothermal exploration and production is not regulated under this Act, but may be under other legislation. See section 327 (b) and (d) to (f) and note and also sections 16 , 35 and 77 .\n- (a) exploring for and quantifying geothermal resources; and\n- (b) carrying out investigations and other activities associated with exploring for, or quantifying, geothermal resources.","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"What is geothermal production","content":"### sec.14 What is geothermal production\n\nGeothermal production is the recovery of geothermal energy—\non or from beneath the surface of the land in which it is contained, other than production testing; or\nfrom a place at which geothermal energy naturally appears at the surface of the land.\nhot springs\nHowever, for this Act, geothermal energy is only produced when it is used for any purpose.\n(sec.14-ssec.1) Geothermal production is the recovery of geothermal energy— on or from beneath the surface of the land in which it is contained, other than production testing; or from a place at which geothermal energy naturally appears at the surface of the land. hot springs\n(sec.14-ssec.2) However, for this Act, geothermal energy is only produced when it is used for any purpose.\n- (a) on or from beneath the surface of the land in which it is contained, other than production testing; or\n- (b) from a place at which geothermal energy naturally appears at the surface of the land. Example for paragraph (b) — hot springs","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"What is exempt heat pump production","content":"### sec.15 What is exempt heat pump production\n\nExempt heat pump production is geothermal production using a geothermal heat pump if—\nthe purpose of the production is to cool or heat buildings; and\nthe production is not of a large-scale.\n- (a) the purpose of the production is to cool or heat buildings; and\n- (b) the production is not of a large-scale.","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"References to large-scale geothermal production","content":"### sec.16 References to large-scale geothermal production\n\nThis section applies to a reference in this Act to large-scale geothermal production.\nIn deciding whether geothermal production is or will not be of a large-scale, regard must be had to any criteria prescribed under a regulation.\nIn making a regulation under subsection (2) , the following may be considered—\nthe temperature of fluid or gases extracted in the geothermal production;\nthe flow rate of fluid or gases extracted in the geothermal production;\nthe amount of geothermal energy produced.\nIn this section—\ngeothermal production includes proposed geothermal production.\n(sec.16-ssec.1) This section applies to a reference in this Act to large-scale geothermal production.\n(sec.16-ssec.2) In deciding whether geothermal production is or will not be of a large-scale, regard must be had to any criteria prescribed under a regulation.\n(sec.16-ssec.3) In making a regulation under subsection (2) , the following may be considered— the temperature of fluid or gases extracted in the geothermal production; the flow rate of fluid or gases extracted in the geothermal production; the amount of geothermal energy produced.\n(sec.16-ssec.4) In this section— geothermal production includes proposed geothermal production.\n- (a) the temperature of fluid or gases extracted in the geothermal production;\n- (b) the flow rate of fluid or gases extracted in the geothermal production;\n- (c) the amount of geothermal energy produced.","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"What is production testing","content":"### sec.17 What is production testing\n\nProduction testing is testing from a geothermal well to evaluate the feasibility of geothermal production.","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"What is a geothermal activity","content":"### sec.18 What is a geothermal activity\n\nA geothermal activity is any activity that may be an authorised activity for any geothermal tenure, whether or not a geothermal tenure has been granted for the activity.","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Types of authority under Act","content":"### sec.19 Types of authority under Act\n\nThe types of authority under this Act are—\na geothermal exploration permit (also called a geothermal permit )—\ngranted under section 40 ; or\ncontinued in force under section 79 or 293 ; or\nrenewed under section 294 ; and\nSee also section 399 (Conversion of 2004 Act permits on 2010 Act start day).\na geothermal production lease (also called a geothermal lease )—\ngranted under section 82 ; or\ncontinued in force under section 79 or 293 ; or\nrenewed under section 294 .\nA geothermal tenure is a geothermal permit or a geothermal lease.\n(sec.19-ssec.1) The types of authority under this Act are— a geothermal exploration permit (also called a geothermal permit )— granted under section 40 ; or continued in force under section 79 or 293 ; or renewed under section 294 ; and See also section 399 (Conversion of 2004 Act permits on 2010 Act start day). a geothermal production lease (also called a geothermal lease )— granted under section 82 ; or continued in force under section 79 or 293 ; or renewed under section 294 .\n(sec.19-ssec.2) A geothermal tenure is a geothermal permit or a geothermal lease.\n- (a) a geothermal exploration permit (also called a geothermal permit )— (i) granted under section 40 ; or (ii) continued in force under section 79 or 293 ; or (iii) renewed under section 294 ; and Note— See also section 399 (Conversion of 2004 Act permits on 2010 Act start day).\n- (i) granted under section 40 ; or\n- (ii) continued in force under section 79 or 293 ; or\n- (iii) renewed under section 294 ; and\n- (b) a geothermal production lease (also called a geothermal lease )— (i) granted under section 82 ; or (ii) continued in force under section 79 or 293 ; or (iii) renewed under section 294 .\n- (i) granted under section 82 ; or\n- (ii) continued in force under section 79 or 293 ; or\n- (iii) renewed under section 294 .\n- (i) granted under section 40 ; or\n- (ii) continued in force under section 79 or 293 ; or\n- (iii) renewed under section 294 ; and\n- (i) granted under section 82 ; or\n- (ii) continued in force under section 79 or 293 ; or\n- (iii) renewed under section 294 .","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"What are the conditions of a geothermal tenure","content":"### sec.20 What are the conditions of a geothermal tenure\n\nThe conditions of a geothermal tenure are—\nthe conditions stated in it from time to time; and\nthe geothermal tenure holder’s obligations under chapters 2 to 6 ; and\nany condition of the geothermal tenure imposed under chapters 2 to 6 or prescribed under section 385 ; and\na condition that the holder must ensure each person who, under section 359 , may carry out an authorised activity for the geothermal tenure complies with its conditions to the extent the conditions apply to the carrying out of the activity.\nA condition mentioned in subsection (1) (b) or (c) is a mandatory condition of the geothermal tenure.\n(sec.20-ssec.1) The conditions of a geothermal tenure are— the conditions stated in it from time to time; and the geothermal tenure holder’s obligations under chapters 2 to 6 ; and any condition of the geothermal tenure imposed under chapters 2 to 6 or prescribed under section 385 ; and a condition that the holder must ensure each person who, under section 359 , may carry out an authorised activity for the geothermal tenure complies with its conditions to the extent the conditions apply to the carrying out of the activity.\n(sec.20-ssec.2) A condition mentioned in subsection (1) (b) or (c) is a mandatory condition of the geothermal tenure.\n- (a) the conditions stated in it from time to time; and\n- (b) the geothermal tenure holder’s obligations under chapters 2 to 6 ; and\n- (c) any condition of the geothermal tenure imposed under chapters 2 to 6 or prescribed under section 385 ; and\n- (d) a condition that the holder must ensure each person who, under section 359 , may carry out an authorised activity for the geothermal tenure complies with its conditions to the extent the conditions apply to the carrying out of the activity.","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"References to geothermal tenure or provisions of geothermal tenure","content":"### sec.21 References to geothermal tenure or provisions of geothermal tenure\n\nA reference in this Act to a geothermal tenure includes a reference to its provisions.\nA reference in this Act to the provisions of a geothermal tenure is a reference to its mandatory or other conditions and anything written in it.\n(sec.21-ssec.1) A reference in this Act to a geothermal tenure includes a reference to its provisions.\n(sec.21-ssec.2) A reference in this Act to the provisions of a geothermal tenure is a reference to its mandatory or other conditions and anything written in it.","sortOrder":27},{"sectionNumber":"sec.22","sectionType":"section","heading":"What is an authorised activity for a geothermal tenure","content":"### sec.22 What is an authorised activity for a geothermal tenure\n\nAn authorised activity , for a geothermal tenure, is an activity that its holder is, under this Act or the tenure, entitled to carry out in relation to the tenure.\nThe provisions of the geothermal tenure may restrict the carrying out of authorised activities. See sections 40 , 82 , 295 , 296 , 297 and 320 (2) .\nThe carrying out of authorised activities is subject to the restrictions under chapters 2 to 6 and section 357 and holder’s rights and obligations under those chapters.\nThe carrying out of particular activities on particular land in the geothermal tenure’s area may not be authorised following the taking of the land under a resumption law. See section 350B .\ns 22 amd 2012 No. 20 s 10 ; 2022 No. 29 s 31 sch 1\n- 1 The provisions of the geothermal tenure may restrict the carrying out of authorised activities. See sections 40 , 82 , 295 , 296 , 297 and 320 (2) .\n- 2 The carrying out of authorised activities is subject to the restrictions under chapters 2 to 6 and section 357 and holder’s rights and obligations under those chapters.\n- 3 The carrying out of particular activities on particular land in the geothermal tenure’s area may not be authorised following the taking of the land under a resumption law. See section 350B .","sortOrder":28},{"sectionNumber":"sec.23","sectionType":"section","heading":"Who is an eligible person","content":"### sec.23 Who is an eligible person\n\nAn eligible person is—\nan adult; or\na company or registered body under the Corporations Act ; or\na government owned corporation.\n- (a) an adult; or\n- (b) a company or registered body under the Corporations Act ; or\n- (c) a government owned corporation.","sortOrder":29},{"sectionNumber":"sec.24","sectionType":"section","heading":"What is a work program for a geothermal permit","content":"### sec.24 What is a work program for a geothermal permit\n\nThe work program , for a geothermal permit, is its current initial or later work program approved under chapter 2 , part 3 as amended from time to time under that part.\nFor subsection (1) , the work program is current if the period to which the program applies has started and not ended.\n(sec.24-ssec.1) The work program , for a geothermal permit, is its current initial or later work program approved under chapter 2 , part 3 as amended from time to time under that part.\n(sec.24-ssec.2) For subsection (1) , the work program is current if the period to which the program applies has started and not ended.","sortOrder":30},{"sectionNumber":"sec.25","sectionType":"section","heading":"What is a development plan for a geothermal lease","content":"### sec.25 What is a development plan for a geothermal lease\n\nThe development plan , for a geothermal lease, is its current initial or later development plan approved under chapter 3 , part 3 as amended from time to time under that part.\nFor subsection (1) , the development plan is current if the period to which the plan applies has started and has not ended.\n(sec.25-ssec.1) The development plan , for a geothermal lease, is its current initial or later development plan approved under chapter 3 , part 3 as amended from time to time under that part.\n(sec.25-ssec.2) For subsection (1) , the development plan is current if the period to which the plan applies has started and has not ended.","sortOrder":31},{"sectionNumber":"sec.26","sectionType":"section","heading":null,"content":"### Section sec.26\n\ns 26 om 2020 No. 9 s 6","sortOrder":32},{"sectionNumber":"sec.27","sectionType":"section","heading":"What is a resource Act","content":"### sec.27 What is a resource Act\n\nA resource Act is any of the following—\nthis Act\nthe GHG storage Act\nthe Mineral Resources Act\nthe 1923 Act\nthe P&G Act .\n- • this Act\n- • the GHG storage Act\n- • the Mineral Resources Act\n- • the 1923 Act\n- • the P&G Act .","sortOrder":33},{"sectionNumber":"ch.1-pt.4","sectionType":"part","heading":"State ownership of geothermal energy","content":"# State ownership of geothermal energy","sortOrder":34},{"sectionNumber":"sec.28","sectionType":"section","heading":"State ownership of geothermal energy","content":"### sec.28 State ownership of geothermal energy\n\nAll geothermal energy on or below the surface of any land in the State is, and is taken always to have been, the property of the State.\nTo remove any doubt, it is declared that—\na person does not acquire any property in geothermal energy merely because the person discovers it or discovers geothermal resources from which geothermal energy may be extracted; and\nsubsection (1) applies whether or not the land is freehold or other land.\nThis section applies despite any other Act, grant, title or other document.\n(sec.28-ssec.1) All geothermal energy on or below the surface of any land in the State is, and is taken always to have been, the property of the State.\n(sec.28-ssec.2) To remove any doubt, it is declared that— a person does not acquire any property in geothermal energy merely because the person discovers it or discovers geothermal resources from which geothermal energy may be extracted; and subsection (1) applies whether or not the land is freehold or other land.\n(sec.28-ssec.3) This section applies despite any other Act, grant, title or other document.\n- (a) a person does not acquire any property in geothermal energy merely because the person discovers it or discovers geothermal resources from which geothermal energy may be extracted; and\n- (b) subsection (1) applies whether or not the land is freehold or other land.","sortOrder":35},{"sectionNumber":"sec.29","sectionType":"section","heading":"Reservation in land grants","content":"### sec.29 Reservation in land grants\n\nThis section applies to each grant under another Act of a right relating to land.\nThis section applies whether the grant was made before or after the commencement of this section.\nThe grant is taken to contain a reservation to the State of—\nall geothermal energy on or below the surface of the land; and\nthe exclusive right to do the following in relation to the land—\nto enter and carry out any geothermal activity;\nto authorise, under this Act, persons to carry out any geothermal activity;\nto regulate, under this Act, geothermal activities carried out by others.\nSee, however, section 375 (Provision for entry by State to carry out geothermal activity).\nIn this section—\ngrant , of a right, includes an authority, lease, licence, permit or other instrument of tenure, however called.\n(sec.29-ssec.1) This section applies to each grant under another Act of a right relating to land.\n(sec.29-ssec.2) This section applies whether the grant was made before or after the commencement of this section.\n(sec.29-ssec.3) The grant is taken to contain a reservation to the State of— all geothermal energy on or below the surface of the land; and the exclusive right to do the following in relation to the land— to enter and carry out any geothermal activity; to authorise, under this Act, persons to carry out any geothermal activity; to regulate, under this Act, geothermal activities carried out by others. See, however, section 375 (Provision for entry by State to carry out geothermal activity).\n(sec.29-ssec.4) In this section— grant , of a right, includes an authority, lease, licence, permit or other instrument of tenure, however called.\n- (a) all geothermal energy on or below the surface of the land; and\n- (b) the exclusive right to do the following in relation to the land— (i) to enter and carry out any geothermal activity; (ii) to authorise, under this Act, persons to carry out any geothermal activity; (iii) to regulate, under this Act, geothermal activities carried out by others.\n- (i) to enter and carry out any geothermal activity;\n- (ii) to authorise, under this Act, persons to carry out any geothermal activity;\n- (iii) to regulate, under this Act, geothermal activities carried out by others.\n- (i) to enter and carry out any geothermal activity;\n- (ii) to authorise, under this Act, persons to carry out any geothermal activity;\n- (iii) to regulate, under this Act, geothermal activities carried out by others.","sortOrder":36},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Key authorised activities","content":"# Key authorised activities","sortOrder":37},{"sectionNumber":"sec.30","sectionType":"section","heading":"Operation of pt 1","content":"### sec.30 Operation of pt 1\n\nThis part provides for the key authorised activities for a geothermal permit.\nFor other authorised activities, see the Common Provisions Act , chapter 3 , part 2 , division 4 (Access to private land outside authorised area) and chapter 8 , part 1 , division 2 (General provisions about authorised activities).\nFor general restrictions on authorised activities, their relationship with owners’ and occupiers’ rights and who may carry out authorised activities for a geothermal tenure holder, see chapter 4 and chapter 8 , part 1 , division 2 .\nThe carrying out of particular activities on particular land in the geothermal permit’s area may not be authorised following the taking of the land under a resumption law. See section 350B .\ns 30 amd 2012 No. 20 s 11 ; 2014 No. 47 s 296\n- 1 For other authorised activities, see the Common Provisions Act , chapter 3 , part 2 , division 4 (Access to private land outside authorised area) and chapter 8 , part 1 , division 2 (General provisions about authorised activities).\n- 2 For general restrictions on authorised activities, their relationship with owners’ and occupiers’ rights and who may carry out authorised activities for a geothermal tenure holder, see chapter 4 and chapter 8 , part 1 , division 2 .\n- 3 The carrying out of particular activities on particular land in the geothermal permit’s area may not be authorised following the taking of the land under a resumption law. See section 350B .","sortOrder":38},{"sectionNumber":"sec.31","sectionType":"section","heading":"Principal authorised activities","content":"### sec.31 Principal authorised activities\n\nThe geothermal permit holder may carry out the following activities in the permit’s area—\ngeothermal exploration;\nevaluating the feasibility of geothermal production, including, for example, by production testing;\nplugging and abandoning, or otherwise remediating, a bore or well the holder reasonably believes is a legacy borehole, and rehabilitating the surrounding area in compliance with the requirements prescribed under a regulation.\ns 31 amd 2014 No. 47 s 314\n- (a) geothermal exploration;\n- (b) evaluating the feasibility of geothermal production, including, for example, by production testing;\n- (c) plugging and abandoning, or otherwise remediating, a bore or well the holder reasonably believes is a legacy borehole, and rehabilitating the surrounding area in compliance with the requirements prescribed under a regulation.","sortOrder":39},{"sectionNumber":"sec.32","sectionType":"section","heading":"Incidental activities","content":"### sec.32 Incidental activities\n\nThe geothermal permit holder may carry out any other activity (an incidental activity ) in the permit’s area if carrying out the activity is reasonably necessary for or is incidental to geothermal exploration.\nconstructing or operating facilities, plant or works, including, for example, communication systems, compressors, pipelines, pumping stations, reservoirs, roads, evaporation or storage ponds and tanks\nconstructing or using temporary structures or structures of a technical nature\nHowever, constructing or using a structure, other than a temporary structure, for office or residential accommodation is not an incidental activity.\n(sec.32-ssec.1) The geothermal permit holder may carry out any other activity (an incidental activity ) in the permit’s area if carrying out the activity is reasonably necessary for or is incidental to geothermal exploration. constructing or operating facilities, plant or works, including, for example, communication systems, compressors, pipelines, pumping stations, reservoirs, roads, evaporation or storage ponds and tanks constructing or using temporary structures or structures of a technical nature\n(sec.32-ssec.2) However, constructing or using a structure, other than a temporary structure, for office or residential accommodation is not an incidental activity.\n- • constructing or operating facilities, plant or works, including, for example, communication systems, compressors, pipelines, pumping stations, reservoirs, roads, evaporation or storage ponds and tanks\n- • constructing or using temporary structures or structures of a technical nature","sortOrder":40},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Obtaining geothermal permit","content":"# Obtaining geothermal permit","sortOrder":41},{"sectionNumber":"ch.2-pt.2-div.1","sectionType":"division","heading":"Restricted areas","content":"## Restricted areas","sortOrder":42},{"sectionNumber":"sec.33","sectionType":"section","heading":"Minister’s power to decide restricted areas for geothermal tenures","content":"### sec.33 Minister’s power to decide restricted areas for geothermal tenures\n\nThe Minister may declare that land in an area (a restricted area ) is land for which a geothermal tenure application can not be made.\nHowever, a declaration can not be made under subsection (1) for excluded land or land in an existing geothermal tenure’s area.\nThe declaration must be made by gazette notice or by publishing a notice about the declaration.\n(sec.33-ssec.1) The Minister may declare that land in an area (a restricted area ) is land for which a geothermal tenure application can not be made.\n(sec.33-ssec.2) However, a declaration can not be made under subsection (1) for excluded land or land in an existing geothermal tenure’s area.\n(sec.33-ssec.3) The declaration must be made by gazette notice or by publishing a notice about the declaration.","sortOrder":43},{"sectionNumber":"sec.34","sectionType":"section","heading":"Amendment or cancellation of restricted area","content":"### sec.34 Amendment or cancellation of restricted area\n\nThe power under section 33 to declare a restricted area includes the power to amend or cancel a restricted area.\nIf land ceases to be in a restricted area, the relevant declaration may state a period within which geothermal permit applications for the land will not be considered, to allow them to be considered competitively after the period ends.\nLand mentioned in subsection (2) is a released area .\nThe period stated under subsection (2) for a released area is the application period for the area.\n(sec.34-ssec.1) The power under section 33 to declare a restricted area includes the power to amend or cancel a restricted area.\n(sec.34-ssec.2) If land ceases to be in a restricted area, the relevant declaration may state a period within which geothermal permit applications for the land will not be considered, to allow them to be considered competitively after the period ends.\n(sec.34-ssec.3) Land mentioned in subsection (2) is a released area .\n(sec.34-ssec.4) The period stated under subsection (2) for a released area is the application period for the area.","sortOrder":44},{"sectionNumber":"ch.2-pt.2-div.2","sectionType":"division","heading":"Applying for geothermal permit","content":"## Applying for geothermal permit","sortOrder":45},{"sectionNumber":"sec.35","sectionType":"section","heading":"Who may apply","content":"### sec.35 Who may apply\n\nAny eligible person may apply for a geothermal permit for land other than—\nland in a restricted area; or\nexcluded land; or\nland in an existing geothermal tenure’s area; or\nland that has been in a geothermal tenure’s area and less than 2 months has passed since the end of the month in which the land ceased to be in—\nthe geothermal tenure; or\nif the geothermal tenure has ended—the former geothermal tenure’s area; or\nland that has been the subject of an earlier geothermal tenure application that has been refused or withdrawn and less than 2 months has passed since the end of the month in which the earlier geothermal tenure application was refused or withdrawn.\nAlso, a geothermal permit application (the relevant application ) may be made for land the subject of an existing application only if—\nthe land is in a released area and the relevant application is made during the application period for the area; or\nthe existing application was made on the same day as the relevant application.\nDespite subsection (1) , a geothermal permit application can not be made for geothermal exploration—\nfor exempt heat pump production; or\nto evaluate the feasibility of exempt heat pump production.\nIn this section—\nexisting application means another geothermal permit application made but not decided.\ns 35 amd 2012 No. 20 s 129\n(sec.35-ssec.1) Any eligible person may apply for a geothermal permit for land other than— land in a restricted area; or excluded land; or land in an existing geothermal tenure’s area; or land that has been in a geothermal tenure’s area and less than 2 months has passed since the end of the month in which the land ceased to be in— the geothermal tenure; or if the geothermal tenure has ended—the former geothermal tenure’s area; or land that has been the subject of an earlier geothermal tenure application that has been refused or withdrawn and less than 2 months has passed since the end of the month in which the earlier geothermal tenure application was refused or withdrawn.\n(sec.35-ssec.2) Also, a geothermal permit application (the relevant application ) may be made for land the subject of an existing application only if— the land is in a released area and the relevant application is made during the application period for the area; or the existing application was made on the same day as the relevant application.\n(sec.35-ssec.3) Despite subsection (1) , a geothermal permit application can not be made for geothermal exploration— for exempt heat pump production; or to evaluate the feasibility of exempt heat pump production.\n(sec.35-ssec.4) In this section— existing application means another geothermal permit application made but not decided.\n- (a) land in a restricted area; or\n- (b) excluded land; or\n- (c) land in an existing geothermal tenure’s area; or\n- (d) land that has been in a geothermal tenure’s area and less than 2 months has passed since the end of the month in which the land ceased to be in— (i) the geothermal tenure; or (ii) if the geothermal tenure has ended—the former geothermal tenure’s area; or\n- (i) the geothermal tenure; or\n- (ii) if the geothermal tenure has ended—the former geothermal tenure’s area; or\n- (e) land that has been the subject of an earlier geothermal tenure application that has been refused or withdrawn and less than 2 months has passed since the end of the month in which the earlier geothermal tenure application was refused or withdrawn.\n- (i) the geothermal tenure; or\n- (ii) if the geothermal tenure has ended—the former geothermal tenure’s area; or\n- (a) the land is in a released area and the relevant application is made during the application period for the area; or\n- (b) the existing application was made on the same day as the relevant application.\n- (a) for exempt heat pump production; or\n- (b) to evaluate the feasibility of exempt heat pump production.","sortOrder":46},{"sectionNumber":"sec.36","sectionType":"section","heading":"Requirements for making application","content":"### sec.36 Requirements for making application\n\nThe application must—\nbe made to the Minister in the approved form; and\ninclude a proposed work program complying with the initial work program requirements; and\ninclude a statement about the extent to which the applicant has—\nthe financial and technical resources to carry out authorised activities for the proposed geothermal permit; and\nthe ability to manage geothermal exploration; and\nstate the name and address for service of 1 person on whom any notice to the applicant may be served; and\nbe accompanied by the fee prescribed under a regulation.\nFor other relevant provisions about applications, see chapter 8 , part 2 .\ns 36 amd 2012 No. 20 s 281 sch 2\n- (a) be made to the Minister in the approved form; and\n- (b) include a proposed work program complying with the initial work program requirements; and\n- (c) include a statement about the extent to which the applicant has— (i) the financial and technical resources to carry out authorised activities for the proposed geothermal permit; and (ii) the ability to manage geothermal exploration; and\n- (i) the financial and technical resources to carry out authorised activities for the proposed geothermal permit; and\n- (ii) the ability to manage geothermal exploration; and\n- (d) state the name and address for service of 1 person on whom any notice to the applicant may be served; and\n- (e) be accompanied by the fee prescribed under a regulation.\n- (i) the financial and technical resources to carry out authorised activities for the proposed geothermal permit; and\n- (ii) the ability to manage geothermal exploration; and","sortOrder":47},{"sectionNumber":"sec.36A","sectionType":"section","heading":"Rejection of application if applicant disqualified","content":"### sec.36A Rejection of application if applicant disqualified\n\nThe Minister must reject an application for a geothermal permit if the Minister decides the applicant is disqualified under the Common Provisions Act , chapter 7 from being granted the geothermal permit.\nOn rejection of the application, the Minister must give the applicant a notice about the decision.\ns 36A ins 2020 No. 14 s 36\n(sec.36A-ssec.1) The Minister must reject an application for a geothermal permit if the Minister decides the applicant is disqualified under the Common Provisions Act , chapter 7 from being granted the geothermal permit.\n(sec.36A-ssec.2) On rejection of the application, the Minister must give the applicant a notice about the decision.","sortOrder":48},{"sectionNumber":"ch.2-pt.2-div.3","sectionType":"division","heading":"Deciding application","content":"## Deciding application","sortOrder":49},{"sectionNumber":"sec.37","sectionType":"section","heading":"Restriction on deciding during application period for released area","content":"### sec.37 Restriction on deciding during application period for released area\n\nIf the application is for land in a released area and is made within the application period for the area, the application can not be decided before the end of that period.\nSee also section 43 (Priority for deciding competing applications).","sortOrder":50},{"sectionNumber":"sec.38","sectionType":"section","heading":"Effect of identification of restricted area on application","content":"### sec.38 Effect of identification of restricted area on application\n\nIf, before the deciding of the application, any land the subject of the application is declared to be in a restricted area, the application lapses to the extent it applies to the restricted area.\nNo amount, whether by way of compensation, reimbursement or otherwise, is payable by the State to any person for or in connection with the operation of subsection (1) .\n(sec.38-ssec.1) If, before the deciding of the application, any land the subject of the application is declared to be in a restricted area, the application lapses to the extent it applies to the restricted area.\n(sec.38-ssec.2) No amount, whether by way of compensation, reimbursement or otherwise, is payable by the State to any person for or in connection with the operation of subsection (1) .","sortOrder":51},{"sectionNumber":"sec.39","sectionType":"section","heading":"Deciding whether to grant geothermal permit","content":"### sec.39 Deciding whether to grant geothermal permit\n\nThe Minister must decide whether or not to grant the applicant a geothermal permit.\nHowever—\nbefore deciding to grant the geothermal permit, the Minister must decide whether to approve the applicant’s proposed initial work program for the permit; and\nthe Minister can not grant the geothermal permit unless the following apply—\nthe applicant continues to be an eligible person;\nthe proposed work program has been approved;\nthe relevant environmental authority has been issued;\nany relevant Water Act authorisation has been issued.\nIf the application relates to acquired land, see also section 350C .\nThe Minister can not grant a geothermal permit unless the applicant—\nhas paid the annual rent for the first year of the geothermal permit; and\nif the Minister requires the applicant to give security under section 204 —has given the security.\ns 39 amd 2012 No. 20 ss 12 , 130\n(sec.39-ssec.1) The Minister must decide whether or not to grant the applicant a geothermal permit.\n(sec.39-ssec.2) However— before deciding to grant the geothermal permit, the Minister must decide whether to approve the applicant’s proposed initial work program for the permit; and the Minister can not grant the geothermal permit unless the following apply— the applicant continues to be an eligible person; the proposed work program has been approved; the relevant environmental authority has been issued; any relevant Water Act authorisation has been issued. If the application relates to acquired land, see also section 350C .\n(sec.39-ssec.3) The Minister can not grant a geothermal permit unless the applicant— has paid the annual rent for the first year of the geothermal permit; and if the Minister requires the applicant to give security under section 204 —has given the security.\n- (a) before deciding to grant the geothermal permit, the Minister must decide whether to approve the applicant’s proposed initial work program for the permit; and\n- (b) the Minister can not grant the geothermal permit unless the following apply— (i) the applicant continues to be an eligible person; (ii) the proposed work program has been approved; (iii) the relevant environmental authority has been issued; (iv) any relevant Water Act authorisation has been issued.\n- (i) the applicant continues to be an eligible person;\n- (ii) the proposed work program has been approved;\n- (iii) the relevant environmental authority has been issued;\n- (iv) any relevant Water Act authorisation has been issued.\n- (i) the applicant continues to be an eligible person;\n- (ii) the proposed work program has been approved;\n- (iii) the relevant environmental authority has been issued;\n- (iv) any relevant Water Act authorisation has been issued.\n- (a) has paid the annual rent for the first year of the geothermal permit; and\n- (b) if the Minister requires the applicant to give security under section 204 —has given the security.","sortOrder":52},{"sectionNumber":"sec.40","sectionType":"section","heading":"Provisions and granting of geothermal permit","content":"### sec.40 Provisions and granting of geothermal permit\n\nIf the Minister decides to grant the applicant a geothermal permit, the Minister must decide its provisions and grant the applicant the permit.\nThe permit must state its term and area.\nThe term must end no later than 5 years after the permit takes effect.\nThe area must comply with chapter 6 , part 1 .\nThe permit may also state—\nconditions or other provisions of the permit, other than conditions or provisions that are—\ninconsistent with the mandatory conditions for geothermal permits; or\nthe same as, or substantially the same as, or inconsistent with, any relevant environmental condition for the permit; and\nthe day the permit takes effect.\nHowever, the provisions of the permit may exclude or restrict the carrying out of an authorised activity for the permit.\nThe day the permit takes effect can not be before the day it is granted.\nIf no day of effect is stated, the permit takes effect on the day after it is granted.\ns 40 amd 2011 No. 2 s 48\n(sec.40-ssec.1) If the Minister decides to grant the applicant a geothermal permit, the Minister must decide its provisions and grant the applicant the permit.\n(sec.40-ssec.2) The permit must state its term and area.\n(sec.40-ssec.3) The term must end no later than 5 years after the permit takes effect.\n(sec.40-ssec.4) The area must comply with chapter 6 , part 1 .\n(sec.40-ssec.5) The permit may also state— conditions or other provisions of the permit, other than conditions or provisions that are— inconsistent with the mandatory conditions for geothermal permits; or the same as, or substantially the same as, or inconsistent with, any relevant environmental condition for the permit; and the day the permit takes effect.\n(sec.40-ssec.6) However, the provisions of the permit may exclude or restrict the carrying out of an authorised activity for the permit.\n(sec.40-ssec.7) The day the permit takes effect can not be before the day it is granted.\n(sec.40-ssec.8) If no day of effect is stated, the permit takes effect on the day after it is granted.\n- (a) conditions or other provisions of the permit, other than conditions or provisions that are— (i) inconsistent with the mandatory conditions for geothermal permits; or (ii) the same as, or substantially the same as, or inconsistent with, any relevant environmental condition for the permit; and\n- (i) inconsistent with the mandatory conditions for geothermal permits; or\n- (ii) the same as, or substantially the same as, or inconsistent with, any relevant environmental condition for the permit; and\n- (b) the day the permit takes effect.\n- (i) inconsistent with the mandatory conditions for geothermal permits; or\n- (ii) the same as, or substantially the same as, or inconsistent with, any relevant environmental condition for the permit; and","sortOrder":53},{"sectionNumber":"sec.41","sectionType":"section","heading":"Criteria for decisions","content":"### sec.41 Criteria for decisions\n\nIn deciding whether or not to grant the applicant a geothermal permit, or in deciding its provisions, the Minister must consider—\nthe applicant’s proposed initial work program; and\nthe extent to which the Minister is of the opinion that the applicant is capable (the capability criteria ) of carrying out authorised activities for the geothermal permit, having regard to the applicant’s—\nfinancial and technical resources; and\nability to manage geothermal exploration.\n- (a) the applicant’s proposed initial work program; and\n- (b) the extent to which the Minister is of the opinion that the applicant is capable (the capability criteria ) of carrying out authorised activities for the geothermal permit, having regard to the applicant’s— (i) financial and technical resources; and (ii) ability to manage geothermal exploration.\n- (i) financial and technical resources; and\n- (ii) ability to manage geothermal exploration.\n- (i) financial and technical resources; and\n- (ii) ability to manage geothermal exploration.","sortOrder":54},{"sectionNumber":"sec.42","sectionType":"section","heading":"Notice of decision","content":"### sec.42 Notice of decision\n\nThe Minister must, as soon as practicable after deciding whether or not to grant the applicant a geothermal permit, give the applicant notice of the decision.","sortOrder":55},{"sectionNumber":"ch.2-pt.2-div.4","sectionType":"division","heading":"Priority for deciding competing geothermal permit applications","content":"## Priority for deciding competing geothermal permit applications","sortOrder":56},{"sectionNumber":"sec.43","sectionType":"section","heading":"Priority for deciding competing applications","content":"### sec.43 Priority for deciding competing applications\n\nThis section applies if 2 or more geothermal permit applications are—\nfor land in a released area and made before the end of the application period for the area; or\nfor the same land and made on the same day.\nCompeting applications for land other than land in a released area can not be made on different days. See section 35 .\nThe applications take the priority the Minister decides, after considering the relative merits of each application.\n(sec.43-ssec.1) This section applies if 2 or more geothermal permit applications are— for land in a released area and made before the end of the application period for the area; or for the same land and made on the same day. Competing applications for land other than land in a released area can not be made on different days. See section 35 .\n(sec.43-ssec.2) The applications take the priority the Minister decides, after considering the relative merits of each application.\n- (a) for land in a released area and made before the end of the application period for the area; or\n- (b) for the same land and made on the same day.","sortOrder":57},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Work programs","content":"# Work programs","sortOrder":58},{"sectionNumber":"ch.2-pt.3-div.1","sectionType":"division","heading":"Function and purpose","content":"## Function and purpose","sortOrder":59},{"sectionNumber":"sec.44","sectionType":"section","heading":"Function and purpose","content":"### sec.44 Function and purpose\n\nThe work program for a geothermal permit gives detailed information about the nature and extent of activities to be carried out under the permit.\nThe purposes of giving the information are to—\nallow resource management decisions to be made; and\nensure appropriate development of the geothermal permit’s area.\n(sec.44-ssec.1) The work program for a geothermal permit gives detailed information about the nature and extent of activities to be carried out under the permit.\n(sec.44-ssec.2) The purposes of giving the information are to— allow resource management decisions to be made; and ensure appropriate development of the geothermal permit’s area.\n- (a) allow resource management decisions to be made; and\n- (b) ensure appropriate development of the geothermal permit’s area.","sortOrder":60},{"sectionNumber":"ch.2-pt.3-div.2","sectionType":"division","heading":"Requirements for proposed initial work programs","content":"## Requirements for proposed initial work programs","sortOrder":61},{"sectionNumber":"sec.45","sectionType":"section","heading":"Operation of div 2","content":"### sec.45 Operation of div 2\n\nThis division provides for requirements (the initial work program requirements ) for a proposed work program for a proposed geothermal permit.","sortOrder":62},{"sectionNumber":"sec.46","sectionType":"section","heading":"Program period","content":"### sec.46 Program period\n\nThe proposed work program must state its period.\nThe period can not be longer than 5 years from when the proposed geothermal permit is to take effect.\n(sec.46-ssec.1) The proposed work program must state its period.\n(sec.46-ssec.2) The period can not be longer than 5 years from when the proposed geothermal permit is to take effect.","sortOrder":63},{"sectionNumber":"sec.47","sectionType":"section","heading":"General requirements","content":"### sec.47 General requirements\n\nThe proposed work program must provide for the following—\nits period;\nan overview of the activities proposed to be carried out under the proposed geothermal permit during all of its term (the proposed activities );\nfor each year of the program period—\nthe extent and nature of geothermal exploration proposed to be carried out during the year; and\ngenerally where the proposed activities will be carried out; and\nthe estimated cost of the proposed activities;\nmaps showing where the proposed activities will be carried out;\nreasons why the program is considered appropriate;\nany other matter prescribed under a regulation.\nThe proposed program may include any other information relevant to the work program criteria.\nA regulation may impose requirements about the form of the work program.\nThe proposed program can not be inconsistent with the mandatory conditions for geothermal permits.\nIn this section—\nprogram period start day means the day the program period starts.\nyear , of the program period, means—\nthe period starting on the program period start day and ending on the first anniversary of that day; and\neach subsequent period of 12 months or less during the program period, starting on an anniversary of the program period start day and ending on—\nthe next anniversary of that day; or\nif the program period ends before the next anniversary—the day the program period ends.\n(sec.47-ssec.1) The proposed work program must provide for the following— its period; an overview of the activities proposed to be carried out under the proposed geothermal permit during all of its term (the proposed activities ); for each year of the program period— the extent and nature of geothermal exploration proposed to be carried out during the year; and generally where the proposed activities will be carried out; and the estimated cost of the proposed activities; maps showing where the proposed activities will be carried out; reasons why the program is considered appropriate; any other matter prescribed under a regulation.\n(sec.47-ssec.2) The proposed program may include any other information relevant to the work program criteria.\n(sec.47-ssec.3) A regulation may impose requirements about the form of the work program.\n(sec.47-ssec.4) The proposed program can not be inconsistent with the mandatory conditions for geothermal permits.\n(sec.47-ssec.5) In this section— program period start day means the day the program period starts. year , of the program period, means— the period starting on the program period start day and ending on the first anniversary of that day; and each subsequent period of 12 months or less during the program period, starting on an anniversary of the program period start day and ending on— the next anniversary of that day; or if the program period ends before the next anniversary—the day the program period ends.\n- (a) its period;\n- (b) an overview of the activities proposed to be carried out under the proposed geothermal permit during all of its term (the proposed activities );\n- (c) for each year of the program period— (i) the extent and nature of geothermal exploration proposed to be carried out during the year; and (ii) generally where the proposed activities will be carried out; and (iii) the estimated cost of the proposed activities;\n- (i) the extent and nature of geothermal exploration proposed to be carried out during the year; and\n- (ii) generally where the proposed activities will be carried out; and\n- (iii) the estimated cost of the proposed activities;\n- (d) maps showing where the proposed activities will be carried out;\n- (e) reasons why the program is considered appropriate;\n- (f) any other matter prescribed under a regulation.\n- (i) the extent and nature of geothermal exploration proposed to be carried out during the year; and\n- (ii) generally where the proposed activities will be carried out; and\n- (iii) the estimated cost of the proposed activities;\n- (a) the period starting on the program period start day and ending on the first anniversary of that day; and\n- (b) each subsequent period of 12 months or less during the program period, starting on an anniversary of the program period start day and ending on— (i) the next anniversary of that day; or (ii) if the program period ends before the next anniversary—the day the program period ends.\n- (i) the next anniversary of that day; or\n- (ii) if the program period ends before the next anniversary—the day the program period ends.\n- (i) the next anniversary of that day; or\n- (ii) if the program period ends before the next anniversary—the day the program period ends.","sortOrder":64},{"sectionNumber":"sec.48","sectionType":"section","heading":"Water issues","content":"### sec.48 Water issues\n\nThe proposed work program must include an assessment of—\nwater needed for the proposed activities; and\nthe potential for obtaining any relevant Water Act authorisation; and\nthe potential structural and other impacts of the carrying out of the proposed activities on aquifers.\nThe proposed program must include a plan for the treatment and disposal of any water taken or that may be taken because of the proposed activities.\nThis section is subject to section 52 (2) .\n(sec.48-ssec.1) The proposed work program must include an assessment of— water needed for the proposed activities; and the potential for obtaining any relevant Water Act authorisation; and the potential structural and other impacts of the carrying out of the proposed activities on aquifers.\n(sec.48-ssec.2) The proposed program must include a plan for the treatment and disposal of any water taken or that may be taken because of the proposed activities.\n(sec.48-ssec.3) This section is subject to section 52 (2) .\n- (a) water needed for the proposed activities; and\n- (b) the potential for obtaining any relevant Water Act authorisation; and\n- (c) the potential structural and other impacts of the carrying out of the proposed activities on aquifers.","sortOrder":65},{"sectionNumber":"ch.2-pt.3-div.3","sectionType":"division","heading":"Approval of proposed initial work programs","content":"## Approval of proposed initial work programs","sortOrder":66},{"sectionNumber":"sec.49","sectionType":"section","heading":"Criteria","content":"### sec.49 Criteria\n\nIn deciding whether to approve a proposed initial work program, the Minister must consider the following—\nthe potential of the proposed area of the geothermal permit for geothermal exploration;\nthe extent and nature of the proposed geothermal exploration and when and where it will be carried out;\nany relevant environmental authority;\nany relevant Water Act authorisation;\nany potential structural and other impacts of the carrying out of the proposed activities on aquifers.\nThe matters mentioned in subsection (1) are the work program criteria .\n(sec.49-ssec.1) In deciding whether to approve a proposed initial work program, the Minister must consider the following— the potential of the proposed area of the geothermal permit for geothermal exploration; the extent and nature of the proposed geothermal exploration and when and where it will be carried out; any relevant environmental authority; any relevant Water Act authorisation; any potential structural and other impacts of the carrying out of the proposed activities on aquifers.\n(sec.49-ssec.2) The matters mentioned in subsection (1) are the work program criteria .\n- (a) the potential of the proposed area of the geothermal permit for geothermal exploration;\n- (b) the extent and nature of the proposed geothermal exploration and when and where it will be carried out;\n- (c) any relevant environmental authority;\n- (d) any relevant Water Act authorisation;\n- (e) any potential structural and other impacts of the carrying out of the proposed activities on aquifers.","sortOrder":67},{"sectionNumber":"sec.50","sectionType":"section","heading":"Verification may be required","content":"### sec.50 Verification may be required\n\nThe Minister may by notice require the applicant to give the Minister, within a stated reasonable period, a document made by an appropriately qualified independent person verifying all or any of the following—\nan assessment of data supplied in the proposed work program;\nthe source of the data;\nthe work done for the proposed work program;\nthat, in the person’s opinion, the applicant has—\nthe financial and technical resources to carry out authorised activities for the proposed geothermal permit; and\nthe ability to manage geothermal exploration.\nIf the applicant does not comply with the requirement, the Minister may refuse to approve the proposed program.\nThe applicant must bear any costs incurred in complying with the requirement.\nFor other relevant provisions about giving a document to the Minister, see section 363 .\ns 50 amd 2012 No. 20 s 281 sch 2\n(sec.50-ssec.1) The Minister may by notice require the applicant to give the Minister, within a stated reasonable period, a document made by an appropriately qualified independent person verifying all or any of the following— an assessment of data supplied in the proposed work program; the source of the data; the work done for the proposed work program; that, in the person’s opinion, the applicant has— the financial and technical resources to carry out authorised activities for the proposed geothermal permit; and the ability to manage geothermal exploration.\n(sec.50-ssec.2) If the applicant does not comply with the requirement, the Minister may refuse to approve the proposed program.\n(sec.50-ssec.3) The applicant must bear any costs incurred in complying with the requirement. For other relevant provisions about giving a document to the Minister, see section 363 .\n- (a) an assessment of data supplied in the proposed work program;\n- (b) the source of the data;\n- (c) the work done for the proposed work program;\n- (d) that, in the person’s opinion, the applicant has— (i) the financial and technical resources to carry out authorised activities for the proposed geothermal permit; and (ii) the ability to manage geothermal exploration.\n- (i) the financial and technical resources to carry out authorised activities for the proposed geothermal permit; and\n- (ii) the ability to manage geothermal exploration.\n- (i) the financial and technical resources to carry out authorised activities for the proposed geothermal permit; and\n- (ii) the ability to manage geothermal exploration.","sortOrder":68},{"sectionNumber":"ch.2-pt.3-div.4","sectionType":"division","heading":"Requirements for proposed later work programs","content":"## Requirements for proposed later work programs","sortOrder":69},{"sectionNumber":"sec.51","sectionType":"section","heading":"Operation of div 4","content":"### sec.51 Operation of div 4\n\nThis division provides for requirements (the later work program requirements ) for a proposed later work program for a geothermal permit.\nFor the requirements to give a proposed later work program, see sections 118 , 187 (7) and 320 .","sortOrder":70},{"sectionNumber":"sec.52","sectionType":"section","heading":"General requirements","content":"### sec.52 General requirements\n\nThe proposed work program must—\nother than for the program period, comply with the initial work program requirements; and\nstate the extent to which the current work program for the geothermal permit has been complied with; and\nif there have been any amendments to the geothermal permit or its current work program, state—\nwhether the changes have been incorporated in the proposed program; and\nany effect the changes have on the proposed program; and\nstate the effect of the discovery of geothermal resources on the proposed program.\nThe proposed program can not be inconsistent with any relevant environmental condition for the geothermal permit.\n(sec.52-ssec.1) The proposed work program must— other than for the program period, comply with the initial work program requirements; and state the extent to which the current work program for the geothermal permit has been complied with; and if there have been any amendments to the geothermal permit or its current work program, state— whether the changes have been incorporated in the proposed program; and any effect the changes have on the proposed program; and state the effect of the discovery of geothermal resources on the proposed program.\n(sec.52-ssec.2) The proposed program can not be inconsistent with any relevant environmental condition for the geothermal permit.\n- (a) other than for the program period, comply with the initial work program requirements; and\n- (b) state the extent to which the current work program for the geothermal permit has been complied with; and\n- (c) if there have been any amendments to the geothermal permit or its current work program, state— (i) whether the changes have been incorporated in the proposed program; and (ii) any effect the changes have on the proposed program; and\n- (i) whether the changes have been incorporated in the proposed program; and\n- (ii) any effect the changes have on the proposed program; and\n- (d) state the effect of the discovery of geothermal resources on the proposed program.\n- (i) whether the changes have been incorporated in the proposed program; and\n- (ii) any effect the changes have on the proposed program; and","sortOrder":71},{"sectionNumber":"sec.53","sectionType":"section","heading":"Program period","content":"### sec.53 Program period\n\nThe program period for the work program can not be longer than the proposed term of the geothermal permit.","sortOrder":72},{"sectionNumber":"sec.54","sectionType":"section","heading":"Implementation of evaluation program for potential geothermal commercial area","content":"### sec.54 Implementation of evaluation program for potential geothermal commercial area\n\nIf, under section 67 , an evaluation program is taken to be an additional part of the existing work program for the geothermal permit, the proposed work program must include work necessary to implement the evaluation program for the period of that program.","sortOrder":73},{"sectionNumber":"ch.2-pt.3-div.5","sectionType":"division","heading":"Approval of proposed later work programs","content":"## Approval of proposed later work programs","sortOrder":74},{"sectionNumber":"sec.55","sectionType":"section","heading":"Application of div 5","content":"### sec.55 Application of div 5\n\nThis division applies if, under this Act, the Minister is given a proposed later work program for a geothermal permit for approval.","sortOrder":75},{"sectionNumber":"sec.56","sectionType":"section","heading":"Geothermal permit taken to have work program until decision on whether to approve proposed program","content":"### sec.56 Geothermal permit taken to have work program until decision on whether to approve proposed program\n\nThis section applies until—\nif the approval is given—the geothermal permit holder is given notice of the approval; or\nif the approval is refused—the refusal takes effect.\nDespite the ending of the program period for the current work program for the geothermal permit—\nthe geothermal permit is taken to have a work program; and\nthe holder may carry out any authorised activity for the geothermal permit.\n(sec.56-ssec.1) This section applies until— if the approval is given—the geothermal permit holder is given notice of the approval; or if the approval is refused—the refusal takes effect.\n(sec.56-ssec.2) Despite the ending of the program period for the current work program for the geothermal permit— the geothermal permit is taken to have a work program; and the holder may carry out any authorised activity for the geothermal permit.\n- (a) if the approval is given—the geothermal permit holder is given notice of the approval; or\n- (b) if the approval is refused—the refusal takes effect.\n- (a) the geothermal permit is taken to have a work program; and\n- (b) the holder may carry out any authorised activity for the geothermal permit.","sortOrder":76},{"sectionNumber":"sec.57","sectionType":"section","heading":"Deciding whether to approve proposed program","content":"### sec.57 Deciding whether to approve proposed program\n\nThe Minister may approve or refuse to approve the proposed later work program.\nIn deciding whether to give the approval, the Minister must consider the following—\nthe capability criteria;\nthe work program criteria;\nthe extent to which the current work program for the geothermal permit has been complied with;\nany amendments made to the geothermal permit or any of the following for the permit, and the reasons for the amendments—\nthe current work program;\nthe relevant environmental authority;\nany relevant Water Act authorisation;\nany geothermal viability report or independent viability assessment for the geothermal permit.\nSection 50 applies for the proposed program as if it were an initial work program and an application for approval of the initial work program had been made.\n(sec.57-ssec.1) The Minister may approve or refuse to approve the proposed later work program.\n(sec.57-ssec.2) In deciding whether to give the approval, the Minister must consider the following— the capability criteria; the work program criteria; the extent to which the current work program for the geothermal permit has been complied with; any amendments made to the geothermal permit or any of the following for the permit, and the reasons for the amendments— the current work program; the relevant environmental authority; any relevant Water Act authorisation; any geothermal viability report or independent viability assessment for the geothermal permit.\n(sec.57-ssec.3) Section 50 applies for the proposed program as if it were an initial work program and an application for approval of the initial work program had been made.\n- (a) the capability criteria;\n- (b) the work program criteria;\n- (c) the extent to which the current work program for the geothermal permit has been complied with;\n- (d) any amendments made to the geothermal permit or any of the following for the permit, and the reasons for the amendments— (i) the current work program; (ii) the relevant environmental authority; (iii) any relevant Water Act authorisation;\n- (i) the current work program;\n- (ii) the relevant environmental authority;\n- (iii) any relevant Water Act authorisation;\n- (e) any geothermal viability report or independent viability assessment for the geothermal permit.\n- (i) the current work program;\n- (ii) the relevant environmental authority;\n- (iii) any relevant Water Act authorisation;","sortOrder":77},{"sectionNumber":"sec.58","sectionType":"section","heading":"Steps after, and taking effect of, decision","content":"### sec.58 Steps after, and taking effect of, decision\n\nIf the Minister decides to approve the proposed program, the Minister must give the geothermal permit holder notice of the decision.\nThe approval takes effect when the holder is given the notice or, if the notice states a later day of effect, on the later day.\nIf the Minister decides to refuse to approve the later work program, the Minister must give the holder an information notice about the decision.\nThe refusal does not take effect until the end of the appeal period for the decision to refuse.\nSubsection (4) applies subject to section 338 and any decision of the Land Court under section 340 relating to the decision to refuse.\n(sec.58-ssec.1) If the Minister decides to approve the proposed program, the Minister must give the geothermal permit holder notice of the decision.\n(sec.58-ssec.2) The approval takes effect when the holder is given the notice or, if the notice states a later day of effect, on the later day.\n(sec.58-ssec.3) If the Minister decides to refuse to approve the later work program, the Minister must give the holder an information notice about the decision.\n(sec.58-ssec.4) The refusal does not take effect until the end of the appeal period for the decision to refuse.\n(sec.58-ssec.5) Subsection (4) applies subject to section 338 and any decision of the Land Court under section 340 relating to the decision to refuse.","sortOrder":78},{"sectionNumber":"ch.2-pt.3-div.6","sectionType":"division","heading":"Amending work programs","content":"## Amending work programs","sortOrder":79},{"sectionNumber":"sec.59","sectionType":"section","heading":"Restrictions on amending work program","content":"### sec.59 Restrictions on amending work program\n\nA geothermal permit holder may amend the work program for the permit.\nHowever, the amendment is subject to approval under this division.\nAlso, a work program can not be amended if the program as amended would be inconsistent with—\nthe mandatory conditions for geothermal permits; or\nany relevant environmental condition for the permit.\n(sec.59-ssec.1) A geothermal permit holder may amend the work program for the permit.\n(sec.59-ssec.2) However, the amendment is subject to approval under this division.\n(sec.59-ssec.3) Also, a work program can not be amended if the program as amended would be inconsistent with— the mandatory conditions for geothermal permits; or any relevant environmental condition for the permit.\n- (a) the mandatory conditions for geothermal permits; or\n- (b) any relevant environmental condition for the permit.","sortOrder":80},{"sectionNumber":"sec.60","sectionType":"section","heading":"Applying for approval to amend","content":"### sec.60 Applying for approval to amend\n\nA geothermal permit holder may apply to the Minister for approval of an amendment of the work program for the permit.\nThe application must be in the approved form and accompanied by the fee prescribed under a regulation.\n(sec.60-ssec.1) A geothermal permit holder may apply to the Minister for approval of an amendment of the work program for the permit.\n(sec.60-ssec.2) The application must be in the approved form and accompanied by the fee prescribed under a regulation.","sortOrder":81},{"sectionNumber":"sec.61","sectionType":"section","heading":"Verification","content":"### sec.61 Verification\n\nSection 50 applies for the application as if—\nthe application were an application for a geothermal permit; and\na reference in the section to a proposed work program were a reference to the amendment.\n- (a) the application were an application for a geothermal permit; and\n- (b) a reference in the section to a proposed work program were a reference to the amendment.","sortOrder":82},{"sectionNumber":"sec.62","sectionType":"section","heading":"Deciding application","content":"### sec.62 Deciding application\n\nThe Minister must consider and decide whether or not to approve the amendment.\nIn making the decision the Minister must consider the following—\nthe capability criteria;\nthe work program criteria;\nthe extent to which the current work program for the geothermal permit has been complied with;\nany amendments made to the geothermal permit or any of the following for the permit, and the reasons for the amendments—\nthe current work program;\nthe relevant environmental authority;\nany relevant Water Act authorisation.\ns 62 amd 2011 No. 2 s 49\n(sec.62-ssec.1) The Minister must consider and decide whether or not to approve the amendment.\n(sec.62-ssec.2) In making the decision the Minister must consider the following— the capability criteria; the work program criteria; the extent to which the current work program for the geothermal permit has been complied with; any amendments made to the geothermal permit or any of the following for the permit, and the reasons for the amendments— the current work program; the relevant environmental authority; any relevant Water Act authorisation.\n- (a) the capability criteria;\n- (b) the work program criteria;\n- (c) the extent to which the current work program for the geothermal permit has been complied with;\n- (d) any amendments made to the geothermal permit or any of the following for the permit, and the reasons for the amendments— (i) the current work program; (ii) the relevant environmental authority; (iii) any relevant Water Act authorisation.\n- (i) the current work program;\n- (ii) the relevant environmental authority;\n- (iii) any relevant Water Act authorisation.\n- (i) the current work program;\n- (ii) the relevant environmental authority;\n- (iii) any relevant Water Act authorisation.","sortOrder":83},{"sectionNumber":"sec.63","sectionType":"section","heading":"Steps after, and taking effect of, decision","content":"### sec.63 Steps after, and taking effect of, decision\n\nIf the Minister decides to approve the amendment, the Minister must give the geothermal permit holder notice of the decision.\nThe approval takes effect when the holder is given the notice or, if the notice states a later day of effect, on the later day.\nIf the Minister decides to refuse to approve the amendment, the Minister must give the holder an information notice about the decision.\nThe refusal takes effect when the holder is given the notice or, if the notice states a later day of effect, on the later day.\nSubsection (4) applies subject to section 338 and any decision of the Land Court under section 340 relating to the decision to refuse.\n(sec.63-ssec.1) If the Minister decides to approve the amendment, the Minister must give the geothermal permit holder notice of the decision.\n(sec.63-ssec.2) The approval takes effect when the holder is given the notice or, if the notice states a later day of effect, on the later day.\n(sec.63-ssec.3) If the Minister decides to refuse to approve the amendment, the Minister must give the holder an information notice about the decision.\n(sec.63-ssec.4) The refusal takes effect when the holder is given the notice or, if the notice states a later day of effect, on the later day.\n(sec.63-ssec.5) Subsection (4) applies subject to section 338 and any decision of the Land Court under section 340 relating to the decision to refuse.","sortOrder":84},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Potential geothermal commercial areas","content":"# Potential geothermal commercial areas","sortOrder":85},{"sectionNumber":"sec.64","sectionType":"section","heading":"Purpose of potential geothermal commercial area","content":"### sec.64 Purpose of potential geothermal commercial area\n\nThe purpose of the declaration of an area as a potential geothermal commercial area for a geothermal permit is to encourage longer-term development of the area for geothermal production.\nThe purpose is achieved by making special provisions about work programs and relinquishment for potential geothermal commercial areas.\nFor the provisions, see sections 67 and 115 .\n(sec.64-ssec.1) The purpose of the declaration of an area as a potential geothermal commercial area for a geothermal permit is to encourage longer-term development of the area for geothermal production.\n(sec.64-ssec.2) The purpose is achieved by making special provisions about work programs and relinquishment for potential geothermal commercial areas. For the provisions, see sections 67 and 115 .","sortOrder":86},{"sectionNumber":"sec.65","sectionType":"section","heading":"Applying for potential geothermal commercial area","content":"### sec.65 Applying for potential geothermal commercial area\n\nA geothermal permit holder may apply for a declaration by the Minister that all or a stated part of the permit’s area is a potential geothermal commercial area for the permit.\nThe application must be—\nmade to the Minister in the approved form; and\naccompanied by the fee prescribed under a regulation.\nThe application may be made—\nfor more than 1 part of the geothermal permit’s area; and\neven if another part of the geothermal permit’s area is already a potential geothermal commercial area.\nThe application must include—\na report for or that includes the proposed potential geothermal commercial area that—\ncomplies with the requirements prescribed under a regulation for geothermal viability reports; and\nis still relevant to the circumstances of the proposed potential geothermal commercial area; and\nan evaluation program for—\npotential geothermal production in the proposed potential geothermal commercial area; and\nmarket opportunities for potential geothermal production.\nHowever, subsection (4) (a) does not apply if—\na geothermal viability report or an independent viability assessment relates to or includes the proposed potential geothermal commercial area; and\nthe report or assessment is still relevant to the circumstances of the proposed potential geothermal commercial area.\nThe evaluation program may provide for a suspension of all or part of the work program for the area the subject of the application.\n(sec.65-ssec.1) A geothermal permit holder may apply for a declaration by the Minister that all or a stated part of the permit’s area is a potential geothermal commercial area for the permit.\n(sec.65-ssec.2) The application must be— made to the Minister in the approved form; and accompanied by the fee prescribed under a regulation.\n(sec.65-ssec.3) The application may be made— for more than 1 part of the geothermal permit’s area; and even if another part of the geothermal permit’s area is already a potential geothermal commercial area.\n(sec.65-ssec.4) The application must include— a report for or that includes the proposed potential geothermal commercial area that— complies with the requirements prescribed under a regulation for geothermal viability reports; and is still relevant to the circumstances of the proposed potential geothermal commercial area; and an evaluation program for— potential geothermal production in the proposed potential geothermal commercial area; and market opportunities for potential geothermal production.\n(sec.65-ssec.5) However, subsection (4) (a) does not apply if— a geothermal viability report or an independent viability assessment relates to or includes the proposed potential geothermal commercial area; and the report or assessment is still relevant to the circumstances of the proposed potential geothermal commercial area.\n(sec.65-ssec.6) The evaluation program may provide for a suspension of all or part of the work program for the area the subject of the application.\n- (a) made to the Minister in the approved form; and\n- (b) accompanied by the fee prescribed under a regulation.\n- (a) for more than 1 part of the geothermal permit’s area; and\n- (b) even if another part of the geothermal permit’s area is already a potential geothermal commercial area.\n- (a) a report for or that includes the proposed potential geothermal commercial area that— (i) complies with the requirements prescribed under a regulation for geothermal viability reports; and (ii) is still relevant to the circumstances of the proposed potential geothermal commercial area; and\n- (i) complies with the requirements prescribed under a regulation for geothermal viability reports; and\n- (ii) is still relevant to the circumstances of the proposed potential geothermal commercial area; and\n- (b) an evaluation program for— (i) potential geothermal production in the proposed potential geothermal commercial area; and (ii) market opportunities for potential geothermal production.\n- (i) potential geothermal production in the proposed potential geothermal commercial area; and\n- (ii) market opportunities for potential geothermal production.\n- (i) complies with the requirements prescribed under a regulation for geothermal viability reports; and\n- (ii) is still relevant to the circumstances of the proposed potential geothermal commercial area; and\n- (i) potential geothermal production in the proposed potential geothermal commercial area; and\n- (ii) market opportunities for potential geothermal production.\n- (a) a geothermal viability report or an independent viability assessment relates to or includes the proposed potential geothermal commercial area; and\n- (b) the report or assessment is still relevant to the circumstances of the proposed potential geothermal commercial area.","sortOrder":87},{"sectionNumber":"sec.66","sectionType":"section","heading":"Deciding potential geothermal commercial area application","content":"### sec.66 Deciding potential geothermal commercial area application\n\nThe Minister may declare an area the subject of the application to be a potential geothermal commercial area only if satisfied—\nthe area is no more than is needed to cover the maximum extent of geothermal resources identified in the report; and\ngeothermal production in the area is not, and will not soon be, commercially viable, but is likely to become viable within 5 years.\nThe area declared must form a single contiguous parcel of land.\nIn deciding the application, regard must be had to—\nwhether the relevant geothermal permit’s conditions have been substantially complied with; and\nany other matter prescribed under a regulation.\nTo remove any doubt, it is declared that the declaration may be made even if the geothermal permit is being continued in force under section 79 or 293 .\nIf the Minister decides to refuse the application, the Minister must give the applicant an information notice about the decision.\n(sec.66-ssec.1) The Minister may declare an area the subject of the application to be a potential geothermal commercial area only if satisfied— the area is no more than is needed to cover the maximum extent of geothermal resources identified in the report; and geothermal production in the area is not, and will not soon be, commercially viable, but is likely to become viable within 5 years.\n(sec.66-ssec.2) The area declared must form a single contiguous parcel of land.\n(sec.66-ssec.3) In deciding the application, regard must be had to— whether the relevant geothermal permit’s conditions have been substantially complied with; and any other matter prescribed under a regulation.\n(sec.66-ssec.4) To remove any doubt, it is declared that the declaration may be made even if the geothermal permit is being continued in force under section 79 or 293 .\n(sec.66-ssec.5) If the Minister decides to refuse the application, the Minister must give the applicant an information notice about the decision.\n- (a) the area is no more than is needed to cover the maximum extent of geothermal resources identified in the report; and\n- (b) geothermal production in the area is not, and will not soon be, commercially viable, but is likely to become viable within 5 years.\n- (a) whether the relevant geothermal permit’s conditions have been substantially complied with; and\n- (b) any other matter prescribed under a regulation.","sortOrder":88},{"sectionNumber":"sec.67","sectionType":"section","heading":"Inclusion of evaluation program in work program","content":"### sec.67 Inclusion of evaluation program in work program\n\nIf the declaration is made, the evaluation program that accompanied the application is taken to be an additional part of the existing work program for the geothermal permit.\nIf there is an inconsistency between the evaluation program and the rest of the work program, the evaluation program prevails to the extent of the inconsistency.\n(sec.67-ssec.1) If the declaration is made, the evaluation program that accompanied the application is taken to be an additional part of the existing work program for the geothermal permit.\n(sec.67-ssec.2) If there is an inconsistency between the evaluation program and the rest of the work program, the evaluation program prevails to the extent of the inconsistency.","sortOrder":89},{"sectionNumber":"sec.68","sectionType":"section","heading":"Term of declaration","content":"### sec.68 Term of declaration\n\nA declaration of a potential geothermal commercial area continues in force for the period stated in the declaration.\nThe period can not be more than 5 years.\nIn deciding a shorter period, the Minister must consider—\nwhen any discovery of geothermal resources was made; and\nany geothermal viability report or independent viability assessment for or that includes the proposed potential geothermal commercial area.\nDespite subsection (1) , the declaration ceases if the geothermal permit holder gives the chief executive a notice stating that the holder no longer wishes the area to be a potential geothermal commercial area.\nFor other relevant provisions about giving a document to the chief executive, see section 363 .\ns 68 amd 2012 No. 20 s 281 sch 2\n(sec.68-ssec.1) A declaration of a potential geothermal commercial area continues in force for the period stated in the declaration.\n(sec.68-ssec.2) The period can not be more than 5 years.\n(sec.68-ssec.3) In deciding a shorter period, the Minister must consider— when any discovery of geothermal resources was made; and any geothermal viability report or independent viability assessment for or that includes the proposed potential geothermal commercial area.\n(sec.68-ssec.4) Despite subsection (1) , the declaration ceases if the geothermal permit holder gives the chief executive a notice stating that the holder no longer wishes the area to be a potential geothermal commercial area. For other relevant provisions about giving a document to the chief executive, see section 363 .\n- (a) when any discovery of geothermal resources was made; and\n- (b) any geothermal viability report or independent viability assessment for or that includes the proposed potential geothermal commercial area.","sortOrder":90},{"sectionNumber":"sec.69","sectionType":"section","heading":"Potential geothermal commercial area still part of geothermal permit","content":"### sec.69 Potential geothermal commercial area still part of geothermal permit\n\nA declaration of a potential geothermal commercial area does not change the land the subject of the declaration from being—\npart of the area of the geothermal permit the subject of the application for the declaration; and\nsubject to the geothermal permit.\n- (a) part of the area of the geothermal permit the subject of the application for the declaration; and\n- (b) subject to the geothermal permit.","sortOrder":91},{"sectionNumber":"sec.70","sectionType":"section","heading":"Effect of ending of declaration of potential geothermal commercial area","content":"### sec.70 Effect of ending of declaration of potential geothermal commercial area\n\nThis section applies if—\nall or part of the area of a geothermal permit is a potential geothermal commercial area; and\nthe declaration of the potential geothermal commercial area ends more than 5 years after the geothermal permit originally took effect.\nIf the declaration applied to a part of the geothermal permit’s area, the part ceases to be included in the area.\nIf the declaration applies to all of the geothermal permit’s area, the permit ends.\n(sec.70-ssec.1) This section applies if— all or part of the area of a geothermal permit is a potential geothermal commercial area; and the declaration of the potential geothermal commercial area ends more than 5 years after the geothermal permit originally took effect.\n(sec.70-ssec.2) If the declaration applied to a part of the geothermal permit’s area, the part ceases to be included in the area.\n(sec.70-ssec.3) If the declaration applies to all of the geothermal permit’s area, the permit ends.\n- (a) all or part of the area of a geothermal permit is a potential geothermal commercial area; and\n- (b) the declaration of the potential geothermal commercial area ends more than 5 years after the geothermal permit originally took effect.","sortOrder":92},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":"Provisions to facilitate transition to geothermal lease","content":"# Provisions to facilitate transition to geothermal lease","sortOrder":93},{"sectionNumber":"sec.71","sectionType":"section","heading":"Application of pt 5","content":"### sec.71 Application of pt 5\n\nThis part applies if the Minister reasonably considers a geothermal permit holder should apply for a geothermal lease for all or part of the permit’s area because the Minister considers geothermal production in the area—\nis currently of a large-scale; or\nis likely to become of a large-scale within 2 years.\n- (a) is currently of a large-scale; or\n- (b) is likely to become of a large-scale within 2 years.","sortOrder":94},{"sectionNumber":"sec.72","sectionType":"section","heading":"Ministerial direction to apply for geothermal lease","content":"### sec.72 Ministerial direction to apply for geothermal lease\n\nThe Minister may give the geothermal permit holder a notice stating the following—\nthat the Minister proposes to do either of the following, (the proposed action ) unless the holder has made an appropriate lease application—\nexcise a stated area from the area of the geothermal permit;\ncancel the geothermal permit;\nthe grounds for the proposed action;\nthe facts and circumstances forming the basis for the grounds;\nthat the holder may, within a stated period, make submissions to the Minister about why the holder should not make a geothermal lease application under chapter 3 , part 2 for the stated area.\nFor other relevant provisions about making a submission, see section 363 .\nThe stated period must be reasonable but must not be more than 6 months.\nIn this section—\nappropriate lease application means a geothermal lease application for—\nthe stated area or an area that is substantially the same as the stated area; or\nanother area the Minister reasonably considers will effectively allow the holder to carry out authorised activities for a geothermal lease in relation to the stated area.\ns 72 amd 2012 No. 20 s 281 sch 2\n(sec.72-ssec.1) The Minister may give the geothermal permit holder a notice stating the following— that the Minister proposes to do either of the following, (the proposed action ) unless the holder has made an appropriate lease application— excise a stated area from the area of the geothermal permit; cancel the geothermal permit; the grounds for the proposed action; the facts and circumstances forming the basis for the grounds; that the holder may, within a stated period, make submissions to the Minister about why the holder should not make a geothermal lease application under chapter 3 , part 2 for the stated area. For other relevant provisions about making a submission, see section 363 .\n(sec.72-ssec.2) The stated period must be reasonable but must not be more than 6 months.\n(sec.72-ssec.3) In this section— appropriate lease application means a geothermal lease application for— the stated area or an area that is substantially the same as the stated area; or another area the Minister reasonably considers will effectively allow the holder to carry out authorised activities for a geothermal lease in relation to the stated area.\n- (a) that the Minister proposes to do either of the following, (the proposed action ) unless the holder has made an appropriate lease application— (i) excise a stated area from the area of the geothermal permit; (ii) cancel the geothermal permit;\n- (i) excise a stated area from the area of the geothermal permit;\n- (ii) cancel the geothermal permit;\n- (b) the grounds for the proposed action;\n- (c) the facts and circumstances forming the basis for the grounds;\n- (d) that the holder may, within a stated period, make submissions to the Minister about why the holder should not make a geothermal lease application under chapter 3 , part 2 for the stated area. Note— For other relevant provisions about making a submission, see section 363 .\n- (i) excise a stated area from the area of the geothermal permit;\n- (ii) cancel the geothermal permit;\n- (a) the stated area or an area that is substantially the same as the stated area; or\n- (b) another area the Minister reasonably considers will effectively allow the holder to carry out authorised activities for a geothermal lease in relation to the stated area.","sortOrder":95},{"sectionNumber":"sec.73","sectionType":"section","heading":"Taking proposed action","content":"### sec.73 Taking proposed action\n\nProposed action under section 72 may be taken only if—\nthe stated period under that section has ended; and\neither—\nthe holder has not made an appropriate lease application under that section; or\nany appropriate lease application under that section made by the holder has been refused; and\nthe Minister has considered any submissions made by the holder within the period.\nIf the Minister decides to take the proposed action, the Minister must give the holder an information notice about the decision.\nA decision to take the proposed action does not take effect until the end of the appeal period for the decision.\n(sec.73-ssec.1) Proposed action under section 72 may be taken only if— the stated period under that section has ended; and either— the holder has not made an appropriate lease application under that section; or any appropriate lease application under that section made by the holder has been refused; and the Minister has considered any submissions made by the holder within the period.\n(sec.73-ssec.2) If the Minister decides to take the proposed action, the Minister must give the holder an information notice about the decision.\n(sec.73-ssec.3) A decision to take the proposed action does not take effect until the end of the appeal period for the decision.\n- (a) the stated period under that section has ended; and\n- (b) either— (i) the holder has not made an appropriate lease application under that section; or (ii) any appropriate lease application under that section made by the holder has been refused; and\n- (i) the holder has not made an appropriate lease application under that section; or\n- (ii) any appropriate lease application under that section made by the holder has been refused; and\n- (c) the Minister has considered any submissions made by the holder within the period.\n- (i) the holder has not made an appropriate lease application under that section; or\n- (ii) any appropriate lease application under that section made by the holder has been refused; and","sortOrder":96},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Key authorised activities","content":"# Key authorised activities","sortOrder":97},{"sectionNumber":"sec.74","sectionType":"section","heading":"Operation of pt 1","content":"### sec.74 Operation of pt 1\n\nThis part provides for the key authorised activities for a geothermal lease.\nFor other authorised activities, see the Common Provisions Act , chapter 3 , part 2 , division 4 (Access to private land outside authorised area) and chapter 8 , part 1 , division 2 (General provisions about authorised activities).\nFor general restrictions on authorised activities, their relationship with owners’ and occupiers’ rights and who may carry out authorised activities for a geothermal tenure holder, see chapter 4 and chapter 8 , part 1 , division 2 .\nThe carrying out of particular activities on particular land in the geothermal lease’s area may not be authorised following the taking of the land under a resumption law. See section 350B .\ns 74 amd 2011 No. 2 s 50 ; 2012 No. 20 s 13 ; 2014 No. 47 s 297\n- 1 For other authorised activities, see the Common Provisions Act , chapter 3 , part 2 , division 4 (Access to private land outside authorised area) and chapter 8 , part 1 , division 2 (General provisions about authorised activities).\n- 2 For general restrictions on authorised activities, their relationship with owners’ and occupiers’ rights and who may carry out authorised activities for a geothermal tenure holder, see chapter 4 and chapter 8 , part 1 , division 2 .\n- 3 The carrying out of particular activities on particular land in the geothermal lease’s area may not be authorised following the taking of the land under a resumption law. See section 350B .","sortOrder":98},{"sectionNumber":"sec.75","sectionType":"section","heading":"Principal authorised activities","content":"### sec.75 Principal authorised activities\n\nThe geothermal lease holder may carry out the following activities in the lease’s area—\ngeothermal exploration;\nevaluating the feasibility of geothermal production, including, for example, by production testing;\ngeothermal production;\nplugging and abandoning, or otherwise remediating, a bore or well the holder reasonably believes is a legacy borehole, and rehabilitating the surrounding area in compliance with the requirements prescribed under a regulation.\ns 75 amd 2014 No. 47 s 315\n- (a) geothermal exploration;\n- (b) evaluating the feasibility of geothermal production, including, for example, by production testing;\n- (c) geothermal production;\n- (d) plugging and abandoning, or otherwise remediating, a bore or well the holder reasonably believes is a legacy borehole, and rehabilitating the surrounding area in compliance with the requirements prescribed under a regulation.","sortOrder":99},{"sectionNumber":"sec.76","sectionType":"section","heading":"Incidental activities","content":"### sec.76 Incidental activities\n\nThe geothermal lease holder may carry out any other activity (an incidental activity ) in the lease’s area if carrying out the activity is reasonably necessary for or is incidental to geothermal production.\nconstructing or operating facilities, plant or works, including, for example, communication systems, compressors, pipelines, pumping stations, reservoirs, roads, evaporation or storage ponds and tanks\nconstructing or using temporary structures or structures of a technical nature\nHowever, constructing or using a structure, other than a temporary structure, for office or residential accommodation is not an incidental activity.\nTo remove any doubt, it is declared that the use of infrastructure supporting the use of, or using, geothermal energy is not, of itself, an incidental activity.\na power station\n(sec.76-ssec.1) The geothermal lease holder may carry out any other activity (an incidental activity ) in the lease’s area if carrying out the activity is reasonably necessary for or is incidental to geothermal production. constructing or operating facilities, plant or works, including, for example, communication systems, compressors, pipelines, pumping stations, reservoirs, roads, evaporation or storage ponds and tanks constructing or using temporary structures or structures of a technical nature\n(sec.76-ssec.2) However, constructing or using a structure, other than a temporary structure, for office or residential accommodation is not an incidental activity.\n(sec.76-ssec.3) To remove any doubt, it is declared that the use of infrastructure supporting the use of, or using, geothermal energy is not, of itself, an incidental activity. a power station\n- • constructing or operating facilities, plant or works, including, for example, communication systems, compressors, pipelines, pumping stations, reservoirs, roads, evaporation or storage ponds and tanks\n- • constructing or using temporary structures or structures of a technical nature","sortOrder":100},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Transition from geothermal permit to geothermal lease","content":"# Transition from geothermal permit to geothermal lease","sortOrder":101},{"sectionNumber":"ch.3-pt.2-div.1","sectionType":"division","heading":"Applying for geothermal lease","content":"## Applying for geothermal lease","sortOrder":102},{"sectionNumber":"sec.77","sectionType":"section","heading":"Who may apply","content":"### sec.77 Who may apply\n\nA geothermal permit holder who continues to be an eligible person may apply for a geothermal lease over all or part of the permit’s area.\nFor restrictions on what land may be included in a geothermal tenure, see sections 33 , 35 and 184 .\nFor inclusion of acquired land that was previously in the relevant geothermal permit’s area, see section 350C (3) .\nHowever, the holder can only apply for a geothermal lease for the land for large-scale geothermal production.\nAlso, a person other than the holder may apply for the geothermal lease—\njointly with the holder; or\nwith the holder’s consent.\nTo remove any doubt, it is declared that a geothermal lease can only be applied for or granted under this part.\ns 77 amd 2012 No. 20 s 14\n(sec.77-ssec.1) A geothermal permit holder who continues to be an eligible person may apply for a geothermal lease over all or part of the permit’s area. For restrictions on what land may be included in a geothermal tenure, see sections 33 , 35 and 184 . For inclusion of acquired land that was previously in the relevant geothermal permit’s area, see section 350C (3) .\n(sec.77-ssec.2) However, the holder can only apply for a geothermal lease for the land for large-scale geothermal production.\n(sec.77-ssec.3) Also, a person other than the holder may apply for the geothermal lease— jointly with the holder; or with the holder’s consent.\n(sec.77-ssec.4) To remove any doubt, it is declared that a geothermal lease can only be applied for or granted under this part.\n- 1 For restrictions on what land may be included in a geothermal tenure, see sections 33 , 35 and 184 .\n- 2 For inclusion of acquired land that was previously in the relevant geothermal permit’s area, see section 350C (3) .\n- (a) jointly with the holder; or\n- (b) with the holder’s consent.","sortOrder":103},{"sectionNumber":"sec.78","sectionType":"section","heading":"Requirements for making application","content":"### sec.78 Requirements for making application\n\nThe application must—\nbe made to the Minister in the approved form; and\naddress the capability criteria; and\ninclude a proposed development plan complying with the initial development plan requirements; and\ninclude a statement about the extent to which the applicant has—\nthe financial and technical resources to carry out authorised activities for the proposed geothermal lease; and\nthe ability to manage geothermal production; and\nstate the name and address for service of 1 person on whom any notice to the applicant may be served; and\nbe accompanied by the fee prescribed under a regulation.\n- (a) be made to the Minister in the approved form; and\n- (b) address the capability criteria; and\n- (c) include a proposed development plan complying with the initial development plan requirements; and\n- (d) include a statement about the extent to which the applicant has— (i) the financial and technical resources to carry out authorised activities for the proposed geothermal lease; and (ii) the ability to manage geothermal production; and\n- (i) the financial and technical resources to carry out authorised activities for the proposed geothermal lease; and\n- (ii) the ability to manage geothermal production; and\n- (e) state the name and address for service of 1 person on whom any notice to the applicant may be served; and\n- (f) be accompanied by the fee prescribed under a regulation.\n- (i) the financial and technical resources to carry out authorised activities for the proposed geothermal lease; and\n- (ii) the ability to manage geothermal production; and","sortOrder":104},{"sectionNumber":"sec.78A","sectionType":"section","heading":"Rejection of application if applicant disqualified","content":"### sec.78A Rejection of application if applicant disqualified\n\nThe Minister must reject an application for a geothermal lease if the Minister decides the applicant is disqualified under the Common Provisions Act , chapter 7 from being granted the geothermal lease.\nOn rejection of the application, the Minister must give the applicant a notice about the decision.\ns 78A ins 2020 No. 14 s 37\n(sec.78A-ssec.1) The Minister must reject an application for a geothermal lease if the Minister decides the applicant is disqualified under the Common Provisions Act , chapter 7 from being granted the geothermal lease.\n(sec.78A-ssec.2) On rejection of the application, the Minister must give the applicant a notice about the decision.","sortOrder":105},{"sectionNumber":"sec.79","sectionType":"section","heading":"Continuing effect of geothermal permit for application","content":"### sec.79 Continuing effect of geothermal permit for application\n\nThis section applies if, other than for subsection (2) , the relevant geothermal permit would, other than by cancellation under this Act, end before the application is decided.\nThe geothermal permit continues in force for the area the subject of the application until the earliest of the following—\nthe term of the geothermal lease starts;\na refusal of the application takes effect;\nthe application is withdrawn.\nDespite any ending of the program period for the current work program for the geothermal permit—\nthe geothermal permit is taken to have a work program; and\nthe holder may carry out any authorised activity for the geothermal permit.\n(sec.79-ssec.1) This section applies if, other than for subsection (2) , the relevant geothermal permit would, other than by cancellation under this Act, end before the application is decided.\n(sec.79-ssec.2) The geothermal permit continues in force for the area the subject of the application until the earliest of the following— the term of the geothermal lease starts; a refusal of the application takes effect; the application is withdrawn.\n(sec.79-ssec.3) Despite any ending of the program period for the current work program for the geothermal permit— the geothermal permit is taken to have a work program; and the holder may carry out any authorised activity for the geothermal permit.\n- (a) the term of the geothermal lease starts;\n- (b) a refusal of the application takes effect;\n- (c) the application is withdrawn.\n- (a) the geothermal permit is taken to have a work program; and\n- (b) the holder may carry out any authorised activity for the geothermal permit.","sortOrder":106},{"sectionNumber":"ch.3-pt.2-div.2","sectionType":"division","heading":"Deciding application","content":"## Deciding application","sortOrder":107},{"sectionNumber":"sec.80","sectionType":"section","heading":"Deciding whether to grant geothermal lease","content":"### sec.80 Deciding whether to grant geothermal lease\n\nSubject to section 83 , the Minister may grant the applicant a geothermal lease only if satisfied the requirements mentioned in section 81 have been complied with.\nIf the application relates to acquired land that was previously in the relevant geothermal permit’s area, see also section 350C .\ns 80 amd 2012 No. 20 s 15","sortOrder":108},{"sectionNumber":"sec.81","sectionType":"section","heading":"Requirements for grant","content":"### sec.81 Requirements for grant\n\nFor section 80 , the requirements are the following—\nthe applicant continues to be an eligible person;\nthe proposed area of the proposed geothermal lease—\nis appropriate for the authorised activities proposed to be carried out; and\ncontains adequately identified geothermal resources that are adequate for the geothermal lease’s proposed purpose;\nthe relevant geothermal permit’s conditions have been substantially complied with;\nthe Minister has approved the applicant’s proposed initial development plan for the geothermal lease;\nthe relevant environmental authority has been issued;\nany relevant Water Act authorisation has been issued;\nthe applicant has established that geothermal production in the geothermal lease’s area will or is likely to happen within 2 years after the lease is to take effect;\nthe applicant has paid the annual rent for the first year of the proposed geothermal lease;\nthe applicant has, under section 204 , given security for the geothermal lease;\nthe Minister is of the opinion that the applicant is capable (the capability criteria ) of carrying out authorised activities for the geothermal lease having regard to the applicant’s—\nfinancial and technical resources; and\nability to manage geothermal production.\n- (a) the applicant continues to be an eligible person;\n- (b) the proposed area of the proposed geothermal lease— (i) is appropriate for the authorised activities proposed to be carried out; and (ii) contains adequately identified geothermal resources that are adequate for the geothermal lease’s proposed purpose;\n- (i) is appropriate for the authorised activities proposed to be carried out; and\n- (ii) contains adequately identified geothermal resources that are adequate for the geothermal lease’s proposed purpose;\n- (c) the relevant geothermal permit’s conditions have been substantially complied with;\n- (d) the Minister has approved the applicant’s proposed initial development plan for the geothermal lease;\n- (e) the relevant environmental authority has been issued;\n- (f) any relevant Water Act authorisation has been issued;\n- (g) the applicant has established that geothermal production in the geothermal lease’s area will or is likely to happen within 2 years after the lease is to take effect;\n- (h) the applicant has paid the annual rent for the first year of the proposed geothermal lease;\n- (i) the applicant has, under section 204 , given security for the geothermal lease;\n- (j) the Minister is of the opinion that the applicant is capable (the capability criteria ) of carrying out authorised activities for the geothermal lease having regard to the applicant’s— (i) financial and technical resources; and (ii) ability to manage geothermal production.\n- (i) financial and technical resources; and\n- (ii) ability to manage geothermal production.\n- (i) is appropriate for the authorised activities proposed to be carried out; and\n- (ii) contains adequately identified geothermal resources that are adequate for the geothermal lease’s proposed purpose;\n- (i) financial and technical resources; and\n- (ii) ability to manage geothermal production.","sortOrder":109},{"sectionNumber":"sec.82","sectionType":"section","heading":"Provisions and granting of geothermal lease","content":"### sec.82 Provisions and granting of geothermal lease\n\nIf the Minister decides to grant the applicant a geothermal lease, the Minister must decide its provisions and grant the applicant the lease.\nThe lease must state its term and area.\nThe term must end no later than 30 years after the lease takes effect.\nThe area must comply with chapter 6 , part 1 .\nThe geothermal lease may also state—\nconditions or other provisions of the lease, other than conditions or provisions that are—\ninconsistent with the mandatory conditions for geothermal leases; or\nthe same as, or substantially the same as, or inconsistent with, any relevant environmental condition for the lease; and\na day for the lease to take effect; and\na day by which geothermal production under the lease is to start (the production commencement day ).\nHowever, the provisions of the lease may exclude or restrict the carrying out of an authorised activity for the lease.\nThe day the lease takes effect can not be before the day it is granted.\nIf no day of effect is stated, the lease takes effect on the day after it is granted.\nIn deciding the provisions of the lease, the Minister must consider the development plan criteria and capability criteria.\nThis section applies subject to section 83 .\n(sec.82-ssec.1) If the Minister decides to grant the applicant a geothermal lease, the Minister must decide its provisions and grant the applicant the lease.\n(sec.82-ssec.2) The lease must state its term and area.\n(sec.82-ssec.3) The term must end no later than 30 years after the lease takes effect.\n(sec.82-ssec.4) The area must comply with chapter 6 , part 1 .\n(sec.82-ssec.5) The geothermal lease may also state— conditions or other provisions of the lease, other than conditions or provisions that are— inconsistent with the mandatory conditions for geothermal leases; or the same as, or substantially the same as, or inconsistent with, any relevant environmental condition for the lease; and a day for the lease to take effect; and a day by which geothermal production under the lease is to start (the production commencement day ).\n(sec.82-ssec.6) However, the provisions of the lease may exclude or restrict the carrying out of an authorised activity for the lease.\n(sec.82-ssec.7) The day the lease takes effect can not be before the day it is granted.\n(sec.82-ssec.8) If no day of effect is stated, the lease takes effect on the day after it is granted.\n(sec.82-ssec.9) In deciding the provisions of the lease, the Minister must consider the development plan criteria and capability criteria.\n(sec.82-ssec.10) This section applies subject to section 83 .\n- (a) conditions or other provisions of the lease, other than conditions or provisions that are— (i) inconsistent with the mandatory conditions for geothermal leases; or (ii) the same as, or substantially the same as, or inconsistent with, any relevant environmental condition for the lease; and\n- (i) inconsistent with the mandatory conditions for geothermal leases; or\n- (ii) the same as, or substantially the same as, or inconsistent with, any relevant environmental condition for the lease; and\n- (b) a day for the lease to take effect; and\n- (c) a day by which geothermal production under the lease is to start (the production commencement day ).\n- (i) inconsistent with the mandatory conditions for geothermal leases; or\n- (ii) the same as, or substantially the same as, or inconsistent with, any relevant environmental condition for the lease; and","sortOrder":110},{"sectionNumber":"sec.83","sectionType":"section","heading":"Provisions about grant and conditions of geothermal lease for coordinated project","content":"### sec.83 Provisions about grant and conditions of geothermal lease for coordinated project\n\nThis section applies if a proposed geothermal lease is for a coordinated project.\nThe Minister must not grant the geothermal lease until the Minister has been given the Coordinator-General’s report for the project.\nAny Coordinator-General’s conditions for the geothermal lease must be stated in the lease.\nAny other condition of the geothermal lease stated under section 82 can not be inconsistent with the Coordinator-General’s conditions.\nIf a mandatory condition for geothermal leases conflicts with any of the Coordinator-General’s conditions, the mandatory condition prevails to the extent of the inconsistency.\nIn this section—\nCoordinator-General’s conditions , for the proposed geothermal lease, means the conditions for the lease stated in the Coordinator-General’s report for the coordinated project.\nCoordinator-General’s report , for a coordinated project, means—\nif an EIS was prepared for the project—the Coordinator-General’s report for the EIS prepared under the State Development Act , section 34D ; or\nif an IAR was prepared for the project—the Coordinator-General’s report for the IAR prepared under the State Development Act , section 34L .\nEIS means an EIS under the State Development Act .\nIAR means an IAR under the State Development Act .\ns 83 amd 2012 No. 43 s 325 sch 2 ; 2014 No. 40 s 154 sch 1 pt 1\n(sec.83-ssec.1) This section applies if a proposed geothermal lease is for a coordinated project.\n(sec.83-ssec.2) The Minister must not grant the geothermal lease until the Minister has been given the Coordinator-General’s report for the project.\n(sec.83-ssec.3) Any Coordinator-General’s conditions for the geothermal lease must be stated in the lease.\n(sec.83-ssec.4) Any other condition of the geothermal lease stated under section 82 can not be inconsistent with the Coordinator-General’s conditions.\n(sec.83-ssec.5) If a mandatory condition for geothermal leases conflicts with any of the Coordinator-General’s conditions, the mandatory condition prevails to the extent of the inconsistency.\n(sec.83-ssec.6) In this section— Coordinator-General’s conditions , for the proposed geothermal lease, means the conditions for the lease stated in the Coordinator-General’s report for the coordinated project. Coordinator-General’s report , for a coordinated project, means— if an EIS was prepared for the project—the Coordinator-General’s report for the EIS prepared under the State Development Act , section 34D ; or if an IAR was prepared for the project—the Coordinator-General’s report for the IAR prepared under the State Development Act , section 34L . EIS means an EIS under the State Development Act . IAR means an IAR under the State Development Act .\n- (a) if an EIS was prepared for the project—the Coordinator-General’s report for the EIS prepared under the State Development Act , section 34D ; or\n- (b) if an IAR was prepared for the project—the Coordinator-General’s report for the IAR prepared under the State Development Act , section 34L .","sortOrder":111},{"sectionNumber":"sec.84","sectionType":"section","heading":"Information notice about refusal","content":"### sec.84 Information notice about refusal\n\nIf the Minister decides to refuse to grant the applicant a geothermal lease, the Minister must give the applicant an information notice about the decision.","sortOrder":112},{"sectionNumber":"sec.85","sectionType":"section","heading":"When refusal takes effect","content":"### sec.85 When refusal takes effect\n\nA decision to refuse to grant the applicant a geothermal lease takes effect at the end of the appeal period for the decision.\nSubsection (1) applies subject to section 338 and any decision of the Land Court under section 340 relating to the decision to refuse.\n(sec.85-ssec.1) A decision to refuse to grant the applicant a geothermal lease takes effect at the end of the appeal period for the decision.\n(sec.85-ssec.2) Subsection (1) applies subject to section 338 and any decision of the Land Court under section 340 relating to the decision to refuse.","sortOrder":113},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Development plans","content":"# Development plans","sortOrder":114},{"sectionNumber":"ch.3-pt.3-div.1","sectionType":"division","heading":"Function and purpose","content":"## Function and purpose","sortOrder":115},{"sectionNumber":"sec.86","sectionType":"section","heading":"Function and purpose","content":"### sec.86 Function and purpose\n\nThe development plan for a geothermal lease (the relevant lease ) gives detailed information about the nature and extent of activities to be carried out under the relevant lease.\nThe development plan may—\nalso be about another geothermal lease or proposed geothermal lease if the other geothermal lease or proposed geothermal lease relates to the relevant lease; and\nprovide that when the plan is approved it will replace any development plan for the other lease.\nThe purposes of giving the information are to—\nallow resource management decisions to be made; and\nensure appropriate development of the geothermal lease’s area.\n(sec.86-ssec.1) The development plan for a geothermal lease (the relevant lease ) gives detailed information about the nature and extent of activities to be carried out under the relevant lease.\n(sec.86-ssec.2) The development plan may— also be about another geothermal lease or proposed geothermal lease if the other geothermal lease or proposed geothermal lease relates to the relevant lease; and provide that when the plan is approved it will replace any development plan for the other lease.\n(sec.86-ssec.3) The purposes of giving the information are to— allow resource management decisions to be made; and ensure appropriate development of the geothermal lease’s area.\n- (a) also be about another geothermal lease or proposed geothermal lease if the other geothermal lease or proposed geothermal lease relates to the relevant lease; and\n- (b) provide that when the plan is approved it will replace any development plan for the other lease.\n- (a) allow resource management decisions to be made; and\n- (b) ensure appropriate development of the geothermal lease’s area.","sortOrder":116},{"sectionNumber":"ch.3-pt.3-div.2","sectionType":"division","heading":"Requirements for proposed initial development plans","content":"## Requirements for proposed initial development plans","sortOrder":117},{"sectionNumber":"sec.87","sectionType":"section","heading":"Operation of div 2","content":"### sec.87 Operation of div 2\n\nThis division provides for requirements (the initial development plan requirements ) for a proposed initial development plan for a proposed geothermal lease.","sortOrder":118},{"sectionNumber":"sec.88","sectionType":"section","heading":"Plan period","content":"### sec.88 Plan period\n\nThe plan period for the proposed development plan must be for the following period from when the proposed geothermal lease is to take effect—\ngenerally—5 years;\nif the applicant is seeking a term of less than 5 years for the proposed geothermal lease—the duration of the proposed term.\n- (a) generally—5 years;\n- (b) if the applicant is seeking a term of less than 5 years for the proposed geothermal lease—the duration of the proposed term.","sortOrder":119},{"sectionNumber":"sec.89","sectionType":"section","heading":"General requirements","content":"### sec.89 General requirements\n\nThe proposed development plan must provide for the following—\nan overview of the activities proposed to be carried out under the proposed geothermal lease during all of its term (the proposed activities );\na description of the proposed activities for each year of the plan period;\nreasons why the plan is considered appropriate;\nthe following—\nafter geothermal energy has been produced, the purpose for which it will be used and by whom;\nthe characteristics of geothermal resources in the geothermal lease’s area;\nthe extent to which further drilling and artificial fracturing is proposed;\nthe scale and scope of geothermal production, including information about the following—\nthe number of geothermal wells\nthe time of commissioning of the geothermal wells;\nthe expected life of geothermal resources\nwhether geothermal production is to be staged;\nthe part of the area required for full and staged production proposals;\nhow many more geothermal wells need to be drilled;\nwhen the area is expected to be free of drilling rigs;\nthe proposed level of investment, and whether the proposed holder has finance or how the proposed holder proposes to obtain finance;\nthe skills, experience and qualifications of staff who comply with the proposed holder’s requirements for carrying out the proposed activities;\na risk management plan for the proposed activities that deals with safety and seismicity issues;\na plan for decommissioning exploration wells and any plant or facilities used for the proposed activities, including the expected costs of the decommissioning;\nany other matter prescribed under a regulation.\nThe proposed plan may include any other information relevant to the development plan criteria.\nA regulation may impose requirements about the form of the development plan.\nThe proposed plan can not be inconsistent with the mandatory conditions for geothermal leases.\nIn this section—\nplan period start day means the day the plan period starts.\nyear , of the plan period, means—\nthe period starting on the plan period start day and ending on the first anniversary of that day; and\neach subsequent period of 12 months or less during the plan period, starting on an anniversary of the plan period start day and ending on—\nthe next anniversary of that day; or\nif the plan period ends before the next anniversary—the day the plan period ends.\n(sec.89-ssec.1) The proposed development plan must provide for the following— an overview of the activities proposed to be carried out under the proposed geothermal lease during all of its term (the proposed activities ); a description of the proposed activities for each year of the plan period; reasons why the plan is considered appropriate; the following— after geothermal energy has been produced, the purpose for which it will be used and by whom; the characteristics of geothermal resources in the geothermal lease’s area; the extent to which further drilling and artificial fracturing is proposed; the scale and scope of geothermal production, including information about the following— the number of geothermal wells the time of commissioning of the geothermal wells; the expected life of geothermal resources whether geothermal production is to be staged; the part of the area required for full and staged production proposals; how many more geothermal wells need to be drilled; when the area is expected to be free of drilling rigs; the proposed level of investment, and whether the proposed holder has finance or how the proposed holder proposes to obtain finance; the skills, experience and qualifications of staff who comply with the proposed holder’s requirements for carrying out the proposed activities; a risk management plan for the proposed activities that deals with safety and seismicity issues; a plan for decommissioning exploration wells and any plant or facilities used for the proposed activities, including the expected costs of the decommissioning; any other matter prescribed under a regulation.\n(sec.89-ssec.2) The proposed plan may include any other information relevant to the development plan criteria.\n(sec.89-ssec.3) A regulation may impose requirements about the form of the development plan.\n(sec.89-ssec.4) The proposed plan can not be inconsistent with the mandatory conditions for geothermal leases.\n(sec.89-ssec.5) In this section— plan period start day means the day the plan period starts. year , of the plan period, means— the period starting on the plan period start day and ending on the first anniversary of that day; and each subsequent period of 12 months or less during the plan period, starting on an anniversary of the plan period start day and ending on— the next anniversary of that day; or if the plan period ends before the next anniversary—the day the plan period ends.\n- (a) an overview of the activities proposed to be carried out under the proposed geothermal lease during all of its term (the proposed activities );\n- (b) a description of the proposed activities for each year of the plan period;\n- (c) reasons why the plan is considered appropriate;\n- (d) the following— (i) after geothermal energy has been produced, the purpose for which it will be used and by whom; (ii) the characteristics of geothermal resources in the geothermal lease’s area; (iii) the extent to which further drilling and artificial fracturing is proposed; (iv) the scale and scope of geothermal production, including information about the following— • the number of geothermal wells • the time of commissioning of the geothermal wells; • the expected life of geothermal resources • whether geothermal production is to be staged; (v) the part of the area required for full and staged production proposals; (vi) how many more geothermal wells need to be drilled; (vii) when the area is expected to be free of drilling rigs; (viii) the proposed level of investment, and whether the proposed holder has finance or how the proposed holder proposes to obtain finance; (ix) the skills, experience and qualifications of staff who comply with the proposed holder’s requirements for carrying out the proposed activities; (x) a risk management plan for the proposed activities that deals with safety and seismicity issues; (xi) a plan for decommissioning exploration wells and any plant or facilities used for the proposed activities, including the expected costs of the decommissioning;\n- (i) after geothermal energy has been produced, the purpose for which it will be used and by whom;\n- (ii) the characteristics of geothermal resources in the geothermal lease’s area;\n- (iii) the extent to which further drilling and artificial fracturing is proposed;\n- (iv) the scale and scope of geothermal production, including information about the following— • the number of geothermal wells • the time of commissioning of the geothermal wells; • the expected life of geothermal resources • whether geothermal production is to be staged;\n- • the number of geothermal wells\n- • the time of commissioning of the geothermal wells;\n- • the expected life of geothermal resources\n- • whether geothermal production is to be staged;\n- (v) the part of the area required for full and staged production proposals;\n- (vi) how many more geothermal wells need to be drilled;\n- (vii) when the area is expected to be free of drilling rigs;\n- (viii) the proposed level of investment, and whether the proposed holder has finance or how the proposed holder proposes to obtain finance;\n- (ix) the skills, experience and qualifications of staff who comply with the proposed holder’s requirements for carrying out the proposed activities;\n- (x) a risk management plan for the proposed activities that deals with safety and seismicity issues;\n- (xi) a plan for decommissioning exploration wells and any plant or facilities used for the proposed activities, including the expected costs of the decommissioning;\n- (e) any other matter prescribed under a regulation.\n- (i) after geothermal energy has been produced, the purpose for which it will be used and by whom;\n- (ii) the characteristics of geothermal resources in the geothermal lease’s area;\n- (iii) the extent to which further drilling and artificial fracturing is proposed;\n- (iv) the scale and scope of geothermal production, including information about the following— • the number of geothermal wells • the time of commissioning of the geothermal wells; • the expected life of geothermal resources • whether geothermal production is to be staged;\n- • the number of geothermal wells\n- • the time of commissioning of the geothermal wells;\n- • the expected life of geothermal resources\n- • whether geothermal production is to be staged;\n- (v) the part of the area required for full and staged production proposals;\n- (vi) how many more geothermal wells need to be drilled;\n- (vii) when the area is expected to be free of drilling rigs;\n- (viii) the proposed level of investment, and whether the proposed holder has finance or how the proposed holder proposes to obtain finance;\n- (ix) the skills, experience and qualifications of staff who comply with the proposed holder’s requirements for carrying out the proposed activities;\n- (x) a risk management plan for the proposed activities that deals with safety and seismicity issues;\n- (xi) a plan for decommissioning exploration wells and any plant or facilities used for the proposed activities, including the expected costs of the decommissioning;\n- • the number of geothermal wells\n- • the time of commissioning of the geothermal wells;\n- • the expected life of geothermal resources\n- • whether geothermal production is to be staged;\n- (a) the period starting on the plan period start day and ending on the first anniversary of that day; and\n- (b) each subsequent period of 12 months or less during the plan period, starting on an anniversary of the plan period start day and ending on— (i) the next anniversary of that day; or (ii) if the plan period ends before the next anniversary—the day the plan period ends.\n- (i) the next anniversary of that day; or\n- (ii) if the plan period ends before the next anniversary—the day the plan period ends.\n- (i) the next anniversary of that day; or\n- (ii) if the plan period ends before the next anniversary—the day the plan period ends.","sortOrder":120},{"sectionNumber":"sec.90","sectionType":"section","heading":"Water issues","content":"### sec.90 Water issues\n\nThe proposed development plan must include an assessment of—\nwater needed for the proposed activities; and\nthe potential for obtaining any relevant Water Act authorisation; and\nthe potential structural and other impacts of the carrying out of the proposed activities on aquifers.\nThe proposed plan must include a plan for the treatment and disposal of any water taken or that may be taken because of the carrying out of the proposed activities.\nThis section is subject to section 94 (2) .\n(sec.90-ssec.1) The proposed development plan must include an assessment of— water needed for the proposed activities; and the potential for obtaining any relevant Water Act authorisation; and the potential structural and other impacts of the carrying out of the proposed activities on aquifers.\n(sec.90-ssec.2) The proposed plan must include a plan for the treatment and disposal of any water taken or that may be taken because of the carrying out of the proposed activities.\n(sec.90-ssec.3) This section is subject to section 94 (2) .\n- (a) water needed for the proposed activities; and\n- (b) the potential for obtaining any relevant Water Act authorisation; and\n- (c) the potential structural and other impacts of the carrying out of the proposed activities on aquifers.","sortOrder":121},{"sectionNumber":"ch.3-pt.3-div.3","sectionType":"division","heading":"Approval of proposed initial development plans","content":"## Approval of proposed initial development plans","sortOrder":122},{"sectionNumber":"sec.91","sectionType":"section","heading":"Criteria","content":"### sec.91 Criteria\n\nIn deciding whether to approve a proposed development plan the Minister must consider the following—\nthe potential of the area of the proposed geothermal lease for geothermal production and related activities;\nthe nature and extent of the proposed activities and when and where they will be carried out;\nwhether geothermal production under the geothermal lease will be optimised in the best interests of the State;\nthe nature and extent of water disposal and treatment activities;\nany relevant environmental authority;\nany relevant Water Act authorisation;\nany potential structural and other impacts of the carrying out of the proposed activities on aquifers.\nThe matters mentioned in subsection (1) are the development plan criteria .\n(sec.91-ssec.1) In deciding whether to approve a proposed development plan the Minister must consider the following— the potential of the area of the proposed geothermal lease for geothermal production and related activities; the nature and extent of the proposed activities and when and where they will be carried out; whether geothermal production under the geothermal lease will be optimised in the best interests of the State; the nature and extent of water disposal and treatment activities; any relevant environmental authority; any relevant Water Act authorisation; any potential structural and other impacts of the carrying out of the proposed activities on aquifers.\n(sec.91-ssec.2) The matters mentioned in subsection (1) are the development plan criteria .\n- (a) the potential of the area of the proposed geothermal lease for geothermal production and related activities;\n- (b) the nature and extent of the proposed activities and when and where they will be carried out;\n- (c) whether geothermal production under the geothermal lease will be optimised in the best interests of the State;\n- (d) the nature and extent of water disposal and treatment activities;\n- (e) any relevant environmental authority;\n- (f) any relevant Water Act authorisation;\n- (g) any potential structural and other impacts of the carrying out of the proposed activities on aquifers.","sortOrder":123},{"sectionNumber":"sec.92","sectionType":"section","heading":"Verification may be required","content":"### sec.92 Verification may be required\n\nThe Minister may by notice require the applicant to give the Minister, within a stated reasonable period, a document made by an appropriately qualified independent person verifying all or any of the following—\nan assessment of data supplied in the proposed development plan;\nthe source of the data;\nthe work done for the proposed development plan;\nthat, in the person’s opinion, the applicant has—\nthe financial and technical resources to carry out authorised activities for the proposed geothermal lease; and\nthe ability to manage geothermal production.\nIf the applicant does not comply with the requirement, the Minister may refuse to approve the proposed plan.\nThe applicant must bear any costs incurred in complying with the requirement.\n(sec.92-ssec.1) The Minister may by notice require the applicant to give the Minister, within a stated reasonable period, a document made by an appropriately qualified independent person verifying all or any of the following— an assessment of data supplied in the proposed development plan; the source of the data; the work done for the proposed development plan; that, in the person’s opinion, the applicant has— the financial and technical resources to carry out authorised activities for the proposed geothermal lease; and the ability to manage geothermal production.\n(sec.92-ssec.2) If the applicant does not comply with the requirement, the Minister may refuse to approve the proposed plan.\n(sec.92-ssec.3) The applicant must bear any costs incurred in complying with the requirement.\n- (a) an assessment of data supplied in the proposed development plan;\n- (b) the source of the data;\n- (c) the work done for the proposed development plan;\n- (d) that, in the person’s opinion, the applicant has— (i) the financial and technical resources to carry out authorised activities for the proposed geothermal lease; and (ii) the ability to manage geothermal production.\n- (i) the financial and technical resources to carry out authorised activities for the proposed geothermal lease; and\n- (ii) the ability to manage geothermal production.\n- (i) the financial and technical resources to carry out authorised activities for the proposed geothermal lease; and\n- (ii) the ability to manage geothermal production.","sortOrder":124},{"sectionNumber":"ch.3-pt.3-div.4","sectionType":"division","heading":"Requirements for proposed later development plans","content":"## Requirements for proposed later development plans","sortOrder":125},{"sectionNumber":"sec.93","sectionType":"section","heading":"Operation of div 4","content":"### sec.93 Operation of div 4\n\nThis division provides for requirements (the later development plan requirements ) for a proposed later development plan for a geothermal lease.\nFor the requirements to give a proposed later development plan, see sections 125 , 187 (7) and 320 .","sortOrder":126},{"sectionNumber":"sec.94","sectionType":"section","heading":"General requirements","content":"### sec.94 General requirements\n\nThe proposed development plan must—\ncomply with the initial development plan requirements as if a reference in the requirements to a proposed holder were a reference to the geothermal lease holder; and\nhighlight any significant changes from the geothermal lease’s current development plan (the current plan ); and\nif the current plan has not been complied with—state the details of and reasons for each noncompliance.\nThe proposed plan can not be inconsistent with any relevant environmental condition for the lease.\nIf the effect of the proposed plan is to significantly change an activity provided for under the current plan, the proposed plan must also state the reasons for the change.\nAlso, for a significant change that is a reduction of geothermal production, the proposed plan must include an evaluation of the following in the geothermal lease’s area—\nthe potential for geothermal production;\nthe market opportunities for geothermal energy produced.\n(sec.94-ssec.1) The proposed development plan must— comply with the initial development plan requirements as if a reference in the requirements to a proposed holder were a reference to the geothermal lease holder; and highlight any significant changes from the geothermal lease’s current development plan (the current plan ); and if the current plan has not been complied with—state the details of and reasons for each noncompliance.\n(sec.94-ssec.2) The proposed plan can not be inconsistent with any relevant environmental condition for the lease.\n(sec.94-ssec.3) If the effect of the proposed plan is to significantly change an activity provided for under the current plan, the proposed plan must also state the reasons for the change.\n(sec.94-ssec.4) Also, for a significant change that is a reduction of geothermal production, the proposed plan must include an evaluation of the following in the geothermal lease’s area— the potential for geothermal production; the market opportunities for geothermal energy produced.\n- (a) comply with the initial development plan requirements as if a reference in the requirements to a proposed holder were a reference to the geothermal lease holder; and\n- (b) highlight any significant changes from the geothermal lease’s current development plan (the current plan ); and\n- (c) if the current plan has not been complied with—state the details of and reasons for each noncompliance.\n- (a) the potential for geothermal production;\n- (b) the market opportunities for geothermal energy produced.","sortOrder":127},{"sectionNumber":"ch.3-pt.3-div.5","sectionType":"division","heading":"Approval of proposed later development plans","content":"## Approval of proposed later development plans","sortOrder":128},{"sectionNumber":"sec.95","sectionType":"section","heading":"Application of div 5","content":"### sec.95 Application of div 5\n\nThis division applies if—\nunder this Act, the Minister is given a proposed later development plan for a geothermal lease for approval; or\nthe Minister is considering an application under section 140 for approval of a proposed geothermal coordination arrangement.\n- (a) under this Act, the Minister is given a proposed later development plan for a geothermal lease for approval; or\n- (b) the Minister is considering an application under section 140 for approval of a proposed geothermal coordination arrangement.","sortOrder":129},{"sectionNumber":"sec.96","sectionType":"section","heading":"Geothermal lease taken to have development plan until decision on whether to approve proposed plan","content":"### sec.96 Geothermal lease taken to have development plan until decision on whether to approve proposed plan\n\nThis section applies until—\nif the approval is given—the geothermal lease holder is given notice of the approval; or\nif the approval is refused—the refusal takes effect.\nDespite the ending of the plan period for the geothermal lease’s current development plan—\nthe geothermal lease is taken to have a development plan; and\nthe holder may carry out any authorised activity for the geothermal lease.\n(sec.96-ssec.1) This section applies until— if the approval is given—the geothermal lease holder is given notice of the approval; or if the approval is refused—the refusal takes effect.\n(sec.96-ssec.2) Despite the ending of the plan period for the geothermal lease’s current development plan— the geothermal lease is taken to have a development plan; and the holder may carry out any authorised activity for the geothermal lease.\n- (a) if the approval is given—the geothermal lease holder is given notice of the approval; or\n- (b) if the approval is refused—the refusal takes effect.\n- (a) the geothermal lease is taken to have a development plan; and\n- (b) the holder may carry out any authorised activity for the geothermal lease.","sortOrder":130},{"sectionNumber":"sec.97","sectionType":"section","heading":"Deciding whether to approve proposed plan","content":"### sec.97 Deciding whether to approve proposed plan\n\nThe Minister may approve or refuse to approve the proposed development plan.\nIn deciding whether to give the approval, the Minister must consider the following—\nthe development plan criteria;\nthe extent to which the current development plan for the geothermal lease has been complied with;\nif the proposed plan provides for a significant change that is a reduction of geothermal production—\nwhether the reduction is reasonable; and\nwhether the geothermal lease holder has taken all reasonable steps to prevent the reduction;\nany amendments made to the geothermal lease or any of the following for the lease, and the reasons for the amendments—\nthe current development plan;\nthe relevant environmental authority;\nany relevant Water Act authorisation.\nSection 92 applies for the proposed plan as if it were an initial development plan and an application for approval of the initial development plan had been made.\ns 97 amd 2011 No. 2 s 51\n(sec.97-ssec.1) The Minister may approve or refuse to approve the proposed development plan.\n(sec.97-ssec.2) In deciding whether to give the approval, the Minister must consider the following— the development plan criteria; the extent to which the current development plan for the geothermal lease has been complied with; if the proposed plan provides for a significant change that is a reduction of geothermal production— whether the reduction is reasonable; and whether the geothermal lease holder has taken all reasonable steps to prevent the reduction; any amendments made to the geothermal lease or any of the following for the lease, and the reasons for the amendments— the current development plan; the relevant environmental authority; any relevant Water Act authorisation.\n(sec.97-ssec.3) Section 92 applies for the proposed plan as if it were an initial development plan and an application for approval of the initial development plan had been made.\n- (a) the development plan criteria;\n- (b) the extent to which the current development plan for the geothermal lease has been complied with;\n- (c) if the proposed plan provides for a significant change that is a reduction of geothermal production— (i) whether the reduction is reasonable; and (ii) whether the geothermal lease holder has taken all reasonable steps to prevent the reduction;\n- (i) whether the reduction is reasonable; and\n- (ii) whether the geothermal lease holder has taken all reasonable steps to prevent the reduction;\n- (d) any amendments made to the geothermal lease or any of the following for the lease, and the reasons for the amendments— (i) the current development plan; (ii) the relevant environmental authority; (iii) any relevant Water Act authorisation.\n- (i) the current development plan;\n- (ii) the relevant environmental authority;\n- (iii) any relevant Water Act authorisation.\n- (i) whether the reduction is reasonable; and\n- (ii) whether the geothermal lease holder has taken all reasonable steps to prevent the reduction;\n- (i) the current development plan;\n- (ii) the relevant environmental authority;\n- (iii) any relevant Water Act authorisation.","sortOrder":131},{"sectionNumber":"sec.98","sectionType":"section","heading":"Steps after, and taking effect of, decision","content":"### sec.98 Steps after, and taking effect of, decision\n\nIf the Minister decides to approve the proposed later development plan, the Minister must give the geothermal lease holder notice of the decision.\nThe approval takes effect when the holder is given the notice or, if the notice states a later day of effect, on the later day.\nIf the Minister decides to refuse to approve the proposed plan, the Minister must give the holder an information notice about the decision.\nThe refusal takes effect at the end of the appeal period for the decision to refuse.\nSubsection (4) applies subject to section 338 and any decision of the Land Court under section 340 relating to the decision to refuse.\n(sec.98-ssec.1) If the Minister decides to approve the proposed later development plan, the Minister must give the geothermal lease holder notice of the decision.\n(sec.98-ssec.2) The approval takes effect when the holder is given the notice or, if the notice states a later day of effect, on the later day.\n(sec.98-ssec.3) If the Minister decides to refuse to approve the proposed plan, the Minister must give the holder an information notice about the decision.\n(sec.98-ssec.4) The refusal takes effect at the end of the appeal period for the decision to refuse.\n(sec.98-ssec.5) Subsection (4) applies subject to section 338 and any decision of the Land Court under section 340 relating to the decision to refuse.","sortOrder":132},{"sectionNumber":"ch.3-pt.3-div.6","sectionType":"division","heading":"Amending development plans","content":"## Amending development plans","sortOrder":133},{"sectionNumber":"sec.99","sectionType":"section","heading":"Restrictions on amendment","content":"### sec.99 Restrictions on amendment\n\nA geothermal lease holder may amend the development plan for the lease.\nHowever, the amendment is subject to approval under this division.\nAlso, a development plan can not be amended—\nin a way that provides for a cessation of geothermal production under a geothermal lease; or\nif the plan as amended would be inconsistent with—\nthe mandatory conditions for geothermal leases; or\nany relevant environmental condition for the lease.\n(sec.99-ssec.1) A geothermal lease holder may amend the development plan for the lease.\n(sec.99-ssec.2) However, the amendment is subject to approval under this division.\n(sec.99-ssec.3) Also, a development plan can not be amended— in a way that provides for a cessation of geothermal production under a geothermal lease; or if the plan as amended would be inconsistent with— the mandatory conditions for geothermal leases; or any relevant environmental condition for the lease.\n- (a) in a way that provides for a cessation of geothermal production under a geothermal lease; or\n- (b) if the plan as amended would be inconsistent with— (i) the mandatory conditions for geothermal leases; or (ii) any relevant environmental condition for the lease.\n- (i) the mandatory conditions for geothermal leases; or\n- (ii) any relevant environmental condition for the lease.\n- (i) the mandatory conditions for geothermal leases; or\n- (ii) any relevant environmental condition for the lease.","sortOrder":134},{"sectionNumber":"sec.100","sectionType":"section","heading":"Applying for approval to amend","content":"### sec.100 Applying for approval to amend\n\nA geothermal lease holder may apply for approval to amend the development plan for the lease.\nThe application must be—\nmade to the Minister in the approved form; and\naccompanied by the fee prescribed under a regulation.\n(sec.100-ssec.1) A geothermal lease holder may apply for approval to amend the development plan for the lease.\n(sec.100-ssec.2) The application must be— made to the Minister in the approved form; and accompanied by the fee prescribed under a regulation.\n- (a) made to the Minister in the approved form; and\n- (b) accompanied by the fee prescribed under a regulation.","sortOrder":135},{"sectionNumber":"sec.101","sectionType":"section","heading":"Verification","content":"### sec.101 Verification\n\nSection 92 applies for the application as if—\nthe application were a geothermal lease application; and\na reference in the section to a proposed development plan were a reference to the amendment.\n- (a) the application were a geothermal lease application; and\n- (b) a reference in the section to a proposed development plan were a reference to the amendment.","sortOrder":136},{"sectionNumber":"sec.102","sectionType":"section","heading":"Deciding application","content":"### sec.102 Deciding application\n\nIn deciding whether to approve the amendment, the Minister must consider the following—\nthe development plan criteria;\nthe extent to which the current development plan for the geothermal lease has been complied with;\nif the proposed plan provides for a significant change that is a reduction of geothermal production—\nwhether the reduction is reasonable; and\nwhether the geothermal lease holder has taken all reasonable steps to prevent the reduction;\nany amendments made to the geothermal lease or any of the following for the lease, and the reasons for the amendments—\nthe current development plan;\nthe relevant environmental authority;\nany relevant Water Act authorisation.\n- (a) the development plan criteria;\n- (b) the extent to which the current development plan for the geothermal lease has been complied with;\n- (c) if the proposed plan provides for a significant change that is a reduction of geothermal production— (i) whether the reduction is reasonable; and (ii) whether the geothermal lease holder has taken all reasonable steps to prevent the reduction;\n- (i) whether the reduction is reasonable; and\n- (ii) whether the geothermal lease holder has taken all reasonable steps to prevent the reduction;\n- (d) any amendments made to the geothermal lease or any of the following for the lease, and the reasons for the amendments— (i) the current development plan; (ii) the relevant environmental authority; (iii) any relevant Water Act authorisation.\n- (i) the current development plan;\n- (ii) the relevant environmental authority;\n- (iii) any relevant Water Act authorisation.\n- (i) whether the reduction is reasonable; and\n- (ii) whether the geothermal lease holder has taken all reasonable steps to prevent the reduction;\n- (i) the current development plan;\n- (ii) the relevant environmental authority;\n- (iii) any relevant Water Act authorisation.","sortOrder":137},{"sectionNumber":"sec.103","sectionType":"section","heading":"Steps after, and taking effect of, decision","content":"### sec.103 Steps after, and taking effect of, decision\n\nIf the Minister decides to approve the amendment, the Minister must give the geothermal lease holder notice of the decision.\nThe approval takes effect when the holder is given the notice or, if the notice states a later day of effect, on the later day.\nIf the Minister decides to refuse to approve the amendment, the Minister must give the holder an information notice about the decision.\nThe refusal takes effect when the holder is given the notice or, if the notice states a later day of effect, on the later day.\nSubsection (4) applies subject to section 338 and any decision of the Land Court under section 340 relating to the decision to refuse.\n(sec.103-ssec.1) If the Minister decides to approve the amendment, the Minister must give the geothermal lease holder notice of the decision.\n(sec.103-ssec.2) The approval takes effect when the holder is given the notice or, if the notice states a later day of effect, on the later day.\n(sec.103-ssec.3) If the Minister decides to refuse to approve the amendment, the Minister must give the holder an information notice about the decision.\n(sec.103-ssec.4) The refusal takes effect when the holder is given the notice or, if the notice states a later day of effect, on the later day.\n(sec.103-ssec.5) Subsection (4) applies subject to section 338 and any decision of the Land Court under section 340 relating to the decision to refuse.","sortOrder":138},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Royalty on geothermal production","content":"# Royalty on geothermal production","sortOrder":139},{"sectionNumber":"sec.104","sectionType":"section","heading":"Imposition of geothermal royalty on geothermal producers","content":"### sec.104 Imposition of geothermal royalty on geothermal producers\n\nA geothermal lease holder who produces geothermal energy, or for whom geothermal energy is produced (a geothermal producer ) must pay the State geothermal royalty for the geothermal energy.\nThe obligation under subsection (1) is subject to any regulation under section 105 .\n(sec.104-ssec.1) A geothermal lease holder who produces geothermal energy, or for whom geothermal energy is produced (a geothermal producer ) must pay the State geothermal royalty for the geothermal energy.\n(sec.104-ssec.2) The obligation under subsection (1) is subject to any regulation under section 105 .","sortOrder":140},{"sectionNumber":"sec.105","sectionType":"section","heading":"Regulation for geothermal royalty","content":"### sec.105 Regulation for geothermal royalty\n\nA regulation may provide for any matter connected with geothermal royalty, including, for example, the following—\nwhen the royalty must be paid;\nthe rate of the royalty;\nthe value of geothermal energy for the royalty;\nconcessions or exemptions from the payment of the royalty;\nroyalty returns;\nthe measurement of, or information about, geothermal energy required for the purpose of a return;\ninterest on unpaid royalty;\nthe recovery of unpaid royalty and interest;\nmonitoring the payment of the royalty, including, for example, by auditors;\ndisclosure by the Minister of personal confidential information about the administration of provisions about the royalty.\n- (a) when the royalty must be paid;\n- (b) the rate of the royalty;\n- (c) the value of geothermal energy for the royalty;\n- (d) concessions or exemptions from the payment of the royalty;\n- (e) royalty returns;\n- (f) the measurement of, or information about, geothermal energy required for the purpose of a return;\n- (g) interest on unpaid royalty;\n- (h) the recovery of unpaid royalty and interest;\n- (i) monitoring the payment of the royalty, including, for example, by auditors;\n- (j) disclosure by the Minister of personal confidential information about the administration of provisions about the royalty.","sortOrder":141},{"sectionNumber":"sec.106","sectionType":"section","heading":"Obligation to lodge royalty returns","content":"### sec.106 Obligation to lodge royalty returns\n\nA geothermal producer must, in the way and at the times prescribed under a regulation, give the chief executive returns containing the information prescribed under a regulation about the geothermal energy produced by or for the producer.\nMaximum penalty—500 penalty units.","sortOrder":142},{"sectionNumber":"sec.107","sectionType":"section","heading":"Confidentiality","content":"### sec.107 Confidentiality\n\nThis section applies to a person who—\nis or has been a public service officer or engaged to perform functions under this Act; and\nin that capacity has acquired information or has or had access to, or custody of, a document containing information relating to the administration of this chapter that is not publicly available.\nThis section also applies to a person to whom the Minister has disclosed information mentioned in section 105 (j) , other than the person to whom the information relates.\nThe person must not—\nmake a record of the information; or\nwhether directly or indirectly, disclose the information; or\nuse the information to benefit any person.\nMaximum penalty—200 penalty units or 1 year’s imprisonment.\nHowever, subsection (3) does not apply if the record is made, or the information is disclosed or used—\nto the extent necessary to perform the person’s functions under or relating to this chapter; or\nwith the consent of the person to whom the information relates; or\nas required or permitted by law.\n(sec.107-ssec.1) This section applies to a person who— is or has been a public service officer or engaged to perform functions under this Act; and in that capacity has acquired information or has or had access to, or custody of, a document containing information relating to the administration of this chapter that is not publicly available.\n(sec.107-ssec.2) This section also applies to a person to whom the Minister has disclosed information mentioned in section 105 (j) , other than the person to whom the information relates.\n(sec.107-ssec.3) The person must not— make a record of the information; or whether directly or indirectly, disclose the information; or use the information to benefit any person. Maximum penalty—200 penalty units or 1 year’s imprisonment.\n(sec.107-ssec.4) However, subsection (3) does not apply if the record is made, or the information is disclosed or used— to the extent necessary to perform the person’s functions under or relating to this chapter; or with the consent of the person to whom the information relates; or as required or permitted by law.\n- (a) is or has been a public service officer or engaged to perform functions under this Act; and\n- (b) in that capacity has acquired information or has or had access to, or custody of, a document containing information relating to the administration of this chapter that is not publicly available.\n- (a) make a record of the information; or\n- (b) whether directly or indirectly, disclose the information; or\n- (c) use the information to benefit any person.\n- (a) to the extent necessary to perform the person’s functions under or relating to this chapter; or\n- (b) with the consent of the person to whom the information relates; or\n- (c) as required or permitted by law.","sortOrder":143},{"sectionNumber":"sec.108","sectionType":"section","heading":"Refusal of disclosure of particular information","content":"### sec.108 Refusal of disclosure of particular information\n\nA person engaged in the administration or enforcement of this chapter can not be compelled to disclose to a court in a proceeding, or to a party to the proceeding—\ninformation disclosed under or relating to this chapter ( confidential information ); or\nwhether or not the person has received particular confidential information; or\nthe identity of the source of particular confidential information.\nSubsection (1) does not apply for a proceeding for the administration or enforcement of this chapter.\n(sec.108-ssec.1) A person engaged in the administration or enforcement of this chapter can not be compelled to disclose to a court in a proceeding, or to a party to the proceeding— information disclosed under or relating to this chapter ( confidential information ); or whether or not the person has received particular confidential information; or the identity of the source of particular confidential information.\n(sec.108-ssec.2) Subsection (1) does not apply for a proceeding for the administration or enforcement of this chapter.\n- (a) information disclosed under or relating to this chapter ( confidential information ); or\n- (b) whether or not the person has received particular confidential information; or\n- (c) the identity of the source of particular confidential information.","sortOrder":144},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Geothermal permits","content":"# Geothermal permits","sortOrder":145},{"sectionNumber":"ch.4-pt.1-div.1","sectionType":"division","heading":"Standard relinquishment condition and related provisions","content":"## Standard relinquishment condition and related provisions","sortOrder":146},{"sectionNumber":"sec.109","sectionType":"section","heading":"Standard relinquishment condition","content":"### sec.109 Standard relinquishment condition\n\nIt is a condition (the relinquishment condition ) of each geothermal permit that its holder must relinquish part of its area as provided for under this division—\nat the end of or before the end of each period of 5 years after the permit originally took effect; and\nif section 114 (4) applies—on the day provided for under that subsection.\nA relinquishment required under the relinquishment condition—\nmust be made by notice to the chief executive (a relinquishment notice ); and\ntakes effect on the day after the notice is given.\nThis section does not prevent the holder from relinquishing by relinquishment notice more than the part provided for under this division.\n(sec.109-ssec.1) It is a condition (the relinquishment condition ) of each geothermal permit that its holder must relinquish part of its area as provided for under this division— at the end of or before the end of each period of 5 years after the permit originally took effect; and if section 114 (4) applies—on the day provided for under that subsection.\n(sec.109-ssec.2) A relinquishment required under the relinquishment condition— must be made by notice to the chief executive (a relinquishment notice ); and takes effect on the day after the notice is given.\n(sec.109-ssec.3) This section does not prevent the holder from relinquishing by relinquishment notice more than the part provided for under this division.\n- (a) at the end of or before the end of each period of 5 years after the permit originally took effect; and\n- (b) if section 114 (4) applies—on the day provided for under that subsection.\n- (a) must be made by notice to the chief executive (a relinquishment notice ); and\n- (b) takes effect on the day after the notice is given.","sortOrder":147},{"sectionNumber":"sec.110","sectionType":"section","heading":"Consequence of failure to comply with relinquishment condition","content":"### sec.110 Consequence of failure to comply with relinquishment condition\n\nIf a geothermal permit holder does not comply with the relinquishment condition, the Minister must give the holder a notice requiring the holder to comply with the condition within 20 business days after the giving of the notice.\nIf the holder does not comply with the requirement, the geothermal permit is cancelled.\n(sec.110-ssec.1) If a geothermal permit holder does not comply with the relinquishment condition, the Minister must give the holder a notice requiring the holder to comply with the condition within 20 business days after the giving of the notice.\n(sec.110-ssec.2) If the holder does not comply with the requirement, the geothermal permit is cancelled.","sortOrder":148},{"sectionNumber":"sec.111","sectionType":"section","heading":"Part usually required to be relinquished","content":"### sec.111 Part usually required to be relinquished\n\nThe relinquishment must have the effect that an area that equates to at least 33.33% of the original sub-blocks of the geothermal permit is relinquished for each 5-year period that has passed since it originally took effect.\nThis section is subject to sections 114 and 115 .\n(sec.111-ssec.1) The relinquishment must have the effect that an area that equates to at least 33.33% of the original sub-blocks of the geothermal permit is relinquished for each 5-year period that has passed since it originally took effect.\n(sec.111-ssec.2) This section is subject to sections 114 and 115 .","sortOrder":149},{"sectionNumber":"sec.112","sectionType":"section","heading":"Relinquishment must be by blocks or sub-blocks","content":"### sec.112 Relinquishment must be by blocks or sub-blocks\n\nA relinquishment under the relinquishment condition can only be by blocks or sub-blocks.\nHowever, if a block or sub-block contains an area that, under section 113 , can not be counted as a relinquishment, subsection (1) is complied with if all of the rest of the land within the block or sub-block is relinquished.\n(sec.112-ssec.1) A relinquishment under the relinquishment condition can only be by blocks or sub-blocks.\n(sec.112-ssec.2) However, if a block or sub-block contains an area that, under section 113 , can not be counted as a relinquishment, subsection (1) is complied with if all of the rest of the land within the block or sub-block is relinquished.","sortOrder":150},{"sectionNumber":"sec.113","sectionType":"section","heading":"Blocks or sub-blocks that can not be counted towards relinquishment","content":"### sec.113 Blocks or sub-blocks that can not be counted towards relinquishment\n\nThe following can not be counted as blocks or sub-blocks relinquished for the relinquishment condition—\nblocks or sub-blocks in an area that, under section 189 , have ceased to be included in the geothermal permit’s area;\nblocks or sub-blocks the subject of a geothermal lease application or potential geothermal commercial area;\nblocks or sub-blocks relinquished under a penalty relinquishment.\nTo remove any doubt, it is declared that—\na potential geothermal commercial area can be relinquished and can be counted as an area relinquished for the relinquishment condition; but\nthe mere fact of the declaration of the blocks or sub-blocks as a potential geothermal commercial area for the geothermal permit is not, of itself, a relinquishment.\n(sec.113-ssec.1) The following can not be counted as blocks or sub-blocks relinquished for the relinquishment condition— blocks or sub-blocks in an area that, under section 189 , have ceased to be included in the geothermal permit’s area; blocks or sub-blocks the subject of a geothermal lease application or potential geothermal commercial area; blocks or sub-blocks relinquished under a penalty relinquishment.\n(sec.113-ssec.2) To remove any doubt, it is declared that— a potential geothermal commercial area can be relinquished and can be counted as an area relinquished for the relinquishment condition; but the mere fact of the declaration of the blocks or sub-blocks as a potential geothermal commercial area for the geothermal permit is not, of itself, a relinquishment.\n- (a) blocks or sub-blocks in an area that, under section 189 , have ceased to be included in the geothermal permit’s area;\n- (b) blocks or sub-blocks the subject of a geothermal lease application or potential geothermal commercial area;\n- (c) blocks or sub-blocks relinquished under a penalty relinquishment.\n- (a) a potential geothermal commercial area can be relinquished and can be counted as an area relinquished for the relinquishment condition; but\n- (b) the mere fact of the declaration of the blocks or sub-blocks as a potential geothermal commercial area for the geothermal permit is not, of itself, a relinquishment.","sortOrder":151},{"sectionNumber":"sec.114","sectionType":"section","heading":"Adjustments for blocks or sub-blocks that can not be counted","content":"### sec.114 Adjustments for blocks or sub-blocks that can not be counted\n\nThis section applies if, after taking away all blocks or sub-blocks that, under section 113 , can not be counted for the relinquishment condition, the balance of the blocks of the geothermal permit’s area is less than the blocks or sub-blocks required to be relinquished under section 111 .\nThe relinquishment condition is taken to have been complied with if the geothermal permit holder gives a relinquishment notice for all of the balance.\nHowever, subsection (4) applies if—\na block or sub-block not counted for the relinquishment condition was the subject of a geothermal lease application or potential geothermal commercial area; and\nthe application is refused.\nThe geothermal permit holder must, within 20 business days after the appeal period for the decision to refuse, give a relinquishment notice to the extent necessary to comply with section 111 .\n(sec.114-ssec.1) This section applies if, after taking away all blocks or sub-blocks that, under section 113 , can not be counted for the relinquishment condition, the balance of the blocks of the geothermal permit’s area is less than the blocks or sub-blocks required to be relinquished under section 111 .\n(sec.114-ssec.2) The relinquishment condition is taken to have been complied with if the geothermal permit holder gives a relinquishment notice for all of the balance.\n(sec.114-ssec.3) However, subsection (4) applies if— a block or sub-block not counted for the relinquishment condition was the subject of a geothermal lease application or potential geothermal commercial area; and the application is refused.\n(sec.114-ssec.4) The geothermal permit holder must, within 20 business days after the appeal period for the decision to refuse, give a relinquishment notice to the extent necessary to comply with section 111 .\n- (a) a block or sub-block not counted for the relinquishment condition was the subject of a geothermal lease application or potential geothermal commercial area; and\n- (b) the application is refused.","sortOrder":152},{"sectionNumber":"sec.115","sectionType":"section","heading":"Adjustment for particular potential geothermal commercial areas","content":"### sec.115 Adjustment for particular potential geothermal commercial areas\n\nThis section applies if, apart from this section, the only way to comply with the relinquishment condition would be to relinquish all or part of a potential geothermal commercial area for the geothermal permit.\nThe relinquishment condition is taken to be complied with if all remaining original sub-blocks of the permit’s area, other than any blocks that consist of the potential geothermal commercial area, are relinquished.\n(sec.115-ssec.1) This section applies if, apart from this section, the only way to comply with the relinquishment condition would be to relinquish all or part of a potential geothermal commercial area for the geothermal permit.\n(sec.115-ssec.2) The relinquishment condition is taken to be complied with if all remaining original sub-blocks of the permit’s area, other than any blocks that consist of the potential geothermal commercial area, are relinquished.","sortOrder":153},{"sectionNumber":"ch.4-pt.1-div.2","sectionType":"division","heading":"Conditions relating to work programs","content":"## Conditions relating to work programs","sortOrder":154},{"sectionNumber":"sec.116","sectionType":"section","heading":"Requirement to have work program","content":"### sec.116 Requirement to have work program\n\nA geothermal permit holder must have a work program for the permit.","sortOrder":155},{"sectionNumber":"sec.117","sectionType":"section","heading":"Compliance with activities in work program","content":"### sec.117 Compliance with activities in work program\n\nA geothermal permit holder must carry out the geothermal exploration activities proposed in the work program for the permit.","sortOrder":156},{"sectionNumber":"sec.118","sectionType":"section","heading":"Obligation to give proposed later work program","content":"### sec.118 Obligation to give proposed later work program\n\nThis section imposes an obligation on a geothermal permit holder to give the Minister a proposed later work program for the permit.\nFor approval of the proposed later work program, see chapter 2 , part 3 , division 5 .\nIf the holder wishes to renew the geothermal permit, a proposed later work program must be included in the renewal application. See section 292 .\nThe obligation is complied with only if the proposed later work program—\ncomplies with the later work program requirements; and\nis accompanied by the relevant fee.\nThe Minister must be given a proposed later work program at least 40 but no more than 100 business days before the end of the program period for the current work program for the geothermal permit (the current work program period ).\nHowever, if before the end of the current work program period a decision is made to refuse to approve a proposed later work program given under subsection (3) , the holder may within the period give another proposed later work program.\nIf the holder does not give the Minister any proposed later work program before the end of the current work program period, or if subsection (4) applies and the holder has not given the Minister another proposed later work program within the current work program period—\nthe Minister must give the holder a notice requiring the holder to give the Minister a proposed later work program for the geothermal permit within 40 business days after the giving of the notice; and\nthe holder must comply with the requirement.\nIn this section—\nrelevant fee , for the giving of the proposed program, means—\nif the proposed program is given within the time required under subsection (3) —the fee prescribed under a regulation; or\nif the proposed program is given after the time required under subsection (3) and—\nif it is given under subsection (4) —nil; or\nif it is not given under subsection (4) —an amount that is 10 times the prescribed fee.\n(sec.118-ssec.1) This section imposes an obligation on a geothermal permit holder to give the Minister a proposed later work program for the permit. For approval of the proposed later work program, see chapter 2 , part 3 , division 5 . If the holder wishes to renew the geothermal permit, a proposed later work program must be included in the renewal application. See section 292 .\n(sec.118-ssec.2) The obligation is complied with only if the proposed later work program— complies with the later work program requirements; and is accompanied by the relevant fee.\n(sec.118-ssec.3) The Minister must be given a proposed later work program at least 40 but no more than 100 business days before the end of the program period for the current work program for the geothermal permit (the current work program period ).\n(sec.118-ssec.4) However, if before the end of the current work program period a decision is made to refuse to approve a proposed later work program given under subsection (3) , the holder may within the period give another proposed later work program.\n(sec.118-ssec.5) If the holder does not give the Minister any proposed later work program before the end of the current work program period, or if subsection (4) applies and the holder has not given the Minister another proposed later work program within the current work program period— the Minister must give the holder a notice requiring the holder to give the Minister a proposed later work program for the geothermal permit within 40 business days after the giving of the notice; and the holder must comply with the requirement.\n(sec.118-ssec.6) In this section— relevant fee , for the giving of the proposed program, means— if the proposed program is given within the time required under subsection (3) —the fee prescribed under a regulation; or if the proposed program is given after the time required under subsection (3) and— if it is given under subsection (4) —nil; or if it is not given under subsection (4) —an amount that is 10 times the prescribed fee.\n- 1 For approval of the proposed later work program, see chapter 2 , part 3 , division 5 .\n- 2 If the holder wishes to renew the geothermal permit, a proposed later work program must be included in the renewal application. See section 292 .\n- (a) complies with the later work program requirements; and\n- (b) is accompanied by the relevant fee.\n- (a) the Minister must give the holder a notice requiring the holder to give the Minister a proposed later work program for the geothermal permit within 40 business days after the giving of the notice; and\n- (b) the holder must comply with the requirement.\n- (a) if the proposed program is given within the time required under subsection (3) —the fee prescribed under a regulation; or\n- (b) if the proposed program is given after the time required under subsection (3) and— (i) if it is given under subsection (4) —nil; or (ii) if it is not given under subsection (4) —an amount that is 10 times the prescribed fee.\n- (i) if it is given under subsection (4) —nil; or\n- (ii) if it is not given under subsection (4) —an amount that is 10 times the prescribed fee.\n- (i) if it is given under subsection (4) —nil; or\n- (ii) if it is not given under subsection (4) —an amount that is 10 times the prescribed fee.","sortOrder":157},{"sectionNumber":"sec.119","sectionType":"section","heading":"Consequence of failure to comply with notice to give proposed later work program","content":"### sec.119 Consequence of failure to comply with notice to give proposed later work program\n\nIf a geothermal permit holder does not comply with a requirement under section 118 (5) (a) , the permit is cancelled.\nHowever, the cancellation does not take effect until the Minister gives the holder a notice stating that the geothermal permit has been cancelled because of the operation of subsection (1) .\n(sec.119-ssec.1) If a geothermal permit holder does not comply with a requirement under section 118 (5) (a) , the permit is cancelled.\n(sec.119-ssec.2) However, the cancellation does not take effect until the Minister gives the holder a notice stating that the geothermal permit has been cancelled because of the operation of subsection (1) .","sortOrder":158},{"sectionNumber":"ch.4-pt.1-div.3","sectionType":"division","heading":"Conditions relating to production testing","content":"## Conditions relating to production testing","sortOrder":159},{"sectionNumber":"sec.120","sectionType":"section","heading":"Compliance with test plan for production testing","content":"### sec.120 Compliance with test plan for production testing\n\nA geothermal permit holder may carry out production testing only in accordance with the following—\na test plan for that purpose approved by the Minister;\nall conditions of the approval.\nThe holder may ask the Minister to approve a test plan proposed by the holder.\nThe proposed test plan must comply with any requirements prescribed under a regulation.\nThe Minister may impose conditions on the granting of the approval.\nIf the Minister makes a decision as follows, the Minister must give the holder an information notice about the decision—\na decision to refuse to approve the proposed test plan;\na decision to impose conditions on the granting of the approval, other than a condition agreed to or requested by the geothermal permit holder.\n(sec.120-ssec.1) A geothermal permit holder may carry out production testing only in accordance with the following— a test plan for that purpose approved by the Minister; all conditions of the approval.\n(sec.120-ssec.2) The holder may ask the Minister to approve a test plan proposed by the holder.\n(sec.120-ssec.3) The proposed test plan must comply with any requirements prescribed under a regulation.\n(sec.120-ssec.4) The Minister may impose conditions on the granting of the approval.\n(sec.120-ssec.5) If the Minister makes a decision as follows, the Minister must give the holder an information notice about the decision— a decision to refuse to approve the proposed test plan; a decision to impose conditions on the granting of the approval, other than a condition agreed to or requested by the geothermal permit holder.\n- (a) a test plan for that purpose approved by the Minister;\n- (b) all conditions of the approval.\n- (a) a decision to refuse to approve the proposed test plan;\n- (b) a decision to impose conditions on the granting of the approval, other than a condition agreed to or requested by the geothermal permit holder.","sortOrder":160},{"sectionNumber":"sec.121","sectionType":"section","heading":"Requirement of geothermal tenure holder to report outcome of production testing","content":"### sec.121 Requirement of geothermal tenure holder to report outcome of production testing\n\nThis section applies if a geothermal permit holder carries out production testing.\nThe holder must within 40 business days after the testing ends give the chief executive a report stating the outcome of the testing.\nThe report must also state how much water was taken during the testing.\n(sec.121-ssec.1) This section applies if a geothermal permit holder carries out production testing.\n(sec.121-ssec.2) The holder must within 40 business days after the testing ends give the chief executive a report stating the outcome of the testing.\n(sec.121-ssec.3) The report must also state how much water was taken during the testing.","sortOrder":161},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Geothermal leases","content":"# Geothermal leases","sortOrder":162},{"sectionNumber":"sec.122","sectionType":"section","heading":"Obligation to commence geothermal production","content":"### sec.122 Obligation to commence geothermal production\n\nA geothermal lease holder must start geothermal production under the geothermal lease on or before the later of the following—\nthe end of 2 years after the geothermal lease takes effect;\nany production commencement day for the geothermal lease.\n- (a) the end of 2 years after the geothermal lease takes effect;\n- (b) any production commencement day for the geothermal lease.","sortOrder":163},{"sectionNumber":"sec.123","sectionType":"section","heading":"Requirement to have development plan","content":"### sec.123 Requirement to have development plan\n\nA geothermal lease holder must have a development plan for the lease.","sortOrder":164},{"sectionNumber":"sec.124","sectionType":"section","heading":"Compliance with development plan","content":"### sec.124 Compliance with development plan\n\nA geothermal lease holder must comply with the development plan for the lease.","sortOrder":165},{"sectionNumber":"sec.125","sectionType":"section","heading":"Obligation to give proposed later development plan","content":"### sec.125 Obligation to give proposed later development plan\n\nThis section imposes an obligation on a geothermal lease holder to give the Minister a proposed later development plan for the lease.\nThe obligation is complied with only if the proposed later development plan—\ncomplies with the later development plan requirements; and\nis accompanied by the relevant fee.\nThe Minister must be given a proposed later development plan—\nat least 40 but no more than 100 business days before the end of the plan period for the current development plan for the lease (the current plan period ); or\nas soon as practicable after the holder proposes or becomes aware of a significant change to the nature and extent of an authorised activity that is not already dealt with under the geothermal lease’s current development plan.\nHowever, if before the end of the current plan period a decision is made to refuse to approve a proposed later development plan given under subsection (3) , the holder may within the period give the Minister another proposed later development plan.\nIf the holder does not give the Minister any proposed later development plan before the end of the current plan period, or if subsection (4) applies and the holder does not give the Minister another proposed later development plan within the current plan period—\nthe Minister must give the holder a notice requiring the holder to give the Minister a proposed later development plan for the geothermal lease within 40 business days after the giving of the notice; and\nthe holder must comply with the requirement.\nIn this section—\nrelevant fee , for the giving of the proposed plan, means—\nif the proposed plan is given within the time required under subsection (3) —the fee prescribed under a regulation; or\nif the proposed plan is given after the time required under subsection (3) and—\nif it is given under subsection (4) —nil; or\nif it is not given under subsection (4) —an amount that is 10 times the prescribed fee.\n(sec.125-ssec.1) This section imposes an obligation on a geothermal lease holder to give the Minister a proposed later development plan for the lease.\n(sec.125-ssec.2) The obligation is complied with only if the proposed later development plan— complies with the later development plan requirements; and is accompanied by the relevant fee.\n(sec.125-ssec.3) The Minister must be given a proposed later development plan— at least 40 but no more than 100 business days before the end of the plan period for the current development plan for the lease (the current plan period ); or as soon as practicable after the holder proposes or becomes aware of a significant change to the nature and extent of an authorised activity that is not already dealt with under the geothermal lease’s current development plan.\n(sec.125-ssec.4) However, if before the end of the current plan period a decision is made to refuse to approve a proposed later development plan given under subsection (3) , the holder may within the period give the Minister another proposed later development plan.\n(sec.125-ssec.5) If the holder does not give the Minister any proposed later development plan before the end of the current plan period, or if subsection (4) applies and the holder does not give the Minister another proposed later development plan within the current plan period— the Minister must give the holder a notice requiring the holder to give the Minister a proposed later development plan for the geothermal lease within 40 business days after the giving of the notice; and the holder must comply with the requirement.\n(sec.125-ssec.6) In this section— relevant fee , for the giving of the proposed plan, means— if the proposed plan is given within the time required under subsection (3) —the fee prescribed under a regulation; or if the proposed plan is given after the time required under subsection (3) and— if it is given under subsection (4) —nil; or if it is not given under subsection (4) —an amount that is 10 times the prescribed fee.\n- (a) complies with the later development plan requirements; and\n- (b) is accompanied by the relevant fee.\n- (a) at least 40 but no more than 100 business days before the end of the plan period for the current development plan for the lease (the current plan period ); or\n- (b) as soon as practicable after the holder proposes or becomes aware of a significant change to the nature and extent of an authorised activity that is not already dealt with under the geothermal lease’s current development plan.\n- (a) the Minister must give the holder a notice requiring the holder to give the Minister a proposed later development plan for the geothermal lease within 40 business days after the giving of the notice; and\n- (b) the holder must comply with the requirement.\n- (a) if the proposed plan is given within the time required under subsection (3) —the fee prescribed under a regulation; or\n- (b) if the proposed plan is given after the time required under subsection (3) and— (i) if it is given under subsection (4) —nil; or (ii) if it is not given under subsection (4) —an amount that is 10 times the prescribed fee.\n- (i) if it is given under subsection (4) —nil; or\n- (ii) if it is not given under subsection (4) —an amount that is 10 times the prescribed fee.\n- (i) if it is given under subsection (4) —nil; or\n- (ii) if it is not given under subsection (4) —an amount that is 10 times the prescribed fee.","sortOrder":166},{"sectionNumber":"sec.126","sectionType":"section","heading":"Consequence of failure to comply with notice to give proposed later development plan","content":"### sec.126 Consequence of failure to comply with notice to give proposed later development plan\n\nIf a geothermal lease holder does not comply with a requirement under section 125 (5) (a) , the lease is cancelled.\nHowever, the cancellation does not take effect until the Minister gives the holder a notice stating that the geothermal lease has been cancelled because of the operation of subsection (1) .\n(sec.126-ssec.1) If a geothermal lease holder does not comply with a requirement under section 125 (5) (a) , the lease is cancelled.\n(sec.126-ssec.2) However, the cancellation does not take effect until the Minister gives the holder a notice stating that the geothermal lease has been cancelled because of the operation of subsection (1) .","sortOrder":167},{"sectionNumber":"sec.126A","sectionType":"section","heading":"Local government rates and charges","content":"### sec.126A Local government rates and charges\n\nA geothermal lease holder must pay all rates and charges payable to the local government in whose area the lease is situated.\ns 126A ins 2024 No. 12 s 4","sortOrder":168},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"All geothermal tenures","content":"# All geothermal tenures","sortOrder":169},{"sectionNumber":"sec.127","sectionType":"section","heading":"Water Act authorisation required for taking or interfering with water","content":"### sec.127 Water Act authorisation required for taking or interfering with water\n\nA geothermal tenure holder can not take or interfere with water as defined under the Water Act unless the taking or interference is authorised under that Act.","sortOrder":170},{"sectionNumber":"sec.128","sectionType":"section","heading":"Obligation to consult with particular owners and occupiers","content":"### sec.128 Obligation to consult with particular owners and occupiers\n\nA geothermal tenure holder must consult or use reasonable endeavours to consult with each owner and occupier of private or public land on which authorised activities for the tenure are proposed to be carried out or are being carried out.\nThe consultation must be about—\naccess; and\nthe carrying out of authorised activities for the geothermal tenure (including, for example, crossing access land for the tenure) to the extent they relate to the owners and occupiers; and\nthe geothermal tenure holder’s compensation liability to the owners or occupiers.\n(sec.128-ssec.1) A geothermal tenure holder must consult or use reasonable endeavours to consult with each owner and occupier of private or public land on which authorised activities for the tenure are proposed to be carried out or are being carried out.\n(sec.128-ssec.2) The consultation must be about— access; and the carrying out of authorised activities for the geothermal tenure (including, for example, crossing access land for the tenure) to the extent they relate to the owners and occupiers; and the geothermal tenure holder’s compensation liability to the owners or occupiers.\n- (a) access; and\n- (b) the carrying out of authorised activities for the geothermal tenure (including, for example, crossing access land for the tenure) to the extent they relate to the owners and occupiers; and\n- (c) the geothermal tenure holder’s compensation liability to the owners or occupiers.","sortOrder":171},{"sectionNumber":"sec.129","sectionType":"section","heading":"Compliance with land access code","content":"### sec.129 Compliance with land access code\n\nA geothermal tenure holder must—\ncomply with the mandatory provisions of the land access code to the extent it applies to the holder; and\nensure any other person carrying out an authorised activity for the geothermal tenure complies with the mandatory provisions of the land access code.\n- (a) comply with the mandatory provisions of the land access code to the extent it applies to the holder; and\n- (b) ensure any other person carrying out an authorised activity for the geothermal tenure complies with the mandatory provisions of the land access code.","sortOrder":172},{"sectionNumber":"sec.130","sectionType":"section","heading":"Annual rent","content":"### sec.130 Annual rent\n\nA geothermal tenure holder must pay the State the annual rent as prescribed under a regulation.\nThe annual rent must be paid in the way, and on or before the day, prescribed under a regulation.\n(sec.130-ssec.1) A geothermal tenure holder must pay the State the annual rent as prescribed under a regulation.\n(sec.130-ssec.2) The annual rent must be paid in the way, and on or before the day, prescribed under a regulation.","sortOrder":173},{"sectionNumber":"sec.131","sectionType":"section","heading":"Civil penalty for nonpayment of annual rent","content":"### sec.131 Civil penalty for nonpayment of annual rent\n\nIf a geothermal tenure holder does not pay the annual rent as required under section 130 , the holder must also pay the State a civil penalty.\nThe amount of the penalty is the greater of the following—\n$1000;\n15% of the rent.\nThe penalty—\nmust be paid on the day after the last day for payment of the rent; and\nis still payable even if the holder later pays the rent.\nSee also section 372 (Interest on amounts owing to the State).\n(sec.131-ssec.1) If a geothermal tenure holder does not pay the annual rent as required under section 130 , the holder must also pay the State a civil penalty.\n(sec.131-ssec.2) The amount of the penalty is the greater of the following— $1000; 15% of the rent.\n(sec.131-ssec.3) The penalty— must be paid on the day after the last day for payment of the rent; and is still payable even if the holder later pays the rent. See also section 372 (Interest on amounts owing to the State).\n- (a) $1000;\n- (b) 15% of the rent.\n- (a) must be paid on the day after the last day for payment of the rent; and\n- (b) is still payable even if the holder later pays the rent.","sortOrder":174},{"sectionNumber":"sec.132","sectionType":"section","heading":"Obligation to comply with Act and prescribed standards","content":"### sec.132 Obligation to comply with Act and prescribed standards\n\nA geothermal tenure holder must—\ncomply with this Act; and\nin carrying out an authorised activity for the geothermal tenure, comply with—\nany standard that the geothermal tenure provides for the activity; and\nto the extent that the geothermal tenure does not provide a standard for the activity—any standard prescribed under a regulation for carrying out the activity.\nIn this section—\nstandard includes an Australian Standard, an international standard and a code or protocol.\n(sec.132-ssec.1) A geothermal tenure holder must— comply with this Act; and in carrying out an authorised activity for the geothermal tenure, comply with— any standard that the geothermal tenure provides for the activity; and to the extent that the geothermal tenure does not provide a standard for the activity—any standard prescribed under a regulation for carrying out the activity.\n(sec.132-ssec.2) In this section— standard includes an Australian Standard, an international standard and a code or protocol.\n- (a) comply with this Act; and\n- (b) in carrying out an authorised activity for the geothermal tenure, comply with— (i) any standard that the geothermal tenure provides for the activity; and (ii) to the extent that the geothermal tenure does not provide a standard for the activity—any standard prescribed under a regulation for carrying out the activity.\n- (i) any standard that the geothermal tenure provides for the activity; and\n- (ii) to the extent that the geothermal tenure does not provide a standard for the activity—any standard prescribed under a regulation for carrying out the activity.\n- (i) any standard that the geothermal tenure provides for the activity; and\n- (ii) to the extent that the geothermal tenure does not provide a standard for the activity—any standard prescribed under a regulation for carrying out the activity.","sortOrder":175},{"sectionNumber":"sec.133","sectionType":"section","heading":"Obligation to survey if Minister requires","content":"### sec.133 Obligation to survey if Minister requires\n\nThe Minister may, by notice to a geothermal tenure holder, require the holder to survey or resurvey the tenure’s area within a stated reasonable period.\nThe holder must cause the survey or resurvey to be carried out by a person who is a cadastral surveyor under the Surveyors Act 2003 .\nThe holder must bear any costs incurred in complying with the notice.\n(sec.133-ssec.1) The Minister may, by notice to a geothermal tenure holder, require the holder to survey or resurvey the tenure’s area within a stated reasonable period.\n(sec.133-ssec.2) The holder must cause the survey or resurvey to be carried out by a person who is a cadastral surveyor under the Surveyors Act 2003 .\n(sec.133-ssec.3) The holder must bear any costs incurred in complying with the notice.","sortOrder":176},{"sectionNumber":"sec.133A","sectionType":"section","heading":"Power to impose or amend condition if changed holder of geothermal tenure","content":"### sec.133A Power to impose or amend condition if changed holder of geothermal tenure\n\nThis section applies if 1 of the following changes happens—\nan entity starts or stops controlling the holder of a geothermal tenure under the Corporations Act , section 50AA ;\nthe holder of a geothermal tenure starts or stops being a subsidiary of a corporation under the Corporations Act , section 46 .\nThe Minister may consider whether, after the change, the holder of the geothermal tenure has the financial and technical resources to comply with the conditions of the geothermal tenure.\nIf the Minister considers the holder of the geothermal tenure may not have the financial and technical resources to comply with conditions of the geothermal tenure, the Minister may impose another condition on, or amend a condition of, the geothermal tenure.\nIf the Minister believes a change mentioned in subsection (1) may have happened, the Minister may require the holder of the geothermal tenure to give the Minister information or a document about whether or not the change has happened.\nBefore deciding to impose another condition on, or amend a condition of, the geothermal tenure under subsection (3) , the Minister may require the holder of the geothermal tenure to give the Minister information or a document the Minister requires to make the decision.\nA requirement under subsection (4) or (5) must—\nbe made by notice given to the holder; and\nstate a period of at least 10 business days within which the holder must comply with the requirement.\nBefore deciding to impose another condition on, or amend a condition of, the geothermal tenure under subsection (3) , the Minister must give the holder of the tenure a notice stating—\nthe proposed decision; and\nthe reasons for the proposed decision; and\nthat the holder may, within 10 business days after the notice is given, make submissions to the Minister about the proposed decision.\nThe Minister may extend the period mentioned in subsection (6) (b) or (7) (c) by notice given to the holder of the geothermal tenure.\nIn deciding whether to impose another condition on, or amend a condition of, the geothermal tenure under subsection (3) , the Minister—\nmust consider information or a document, if any, given under subsection (6) (b) or (7) (c) ; and\nmay consider any other matter the Minister considers relevant.\nIf the Minister decides to impose another condition on, or amend a condition of, the geothermal tenure under subsection (3) , the Minister must, as soon as practicable after making the decision, give the holder a notice stating the decision and the reasons for the decision.\ns 133A ins 2020 No. 14 s 38\n(sec.133A-ssec.1) This section applies if 1 of the following changes happens— an entity starts or stops controlling the holder of a geothermal tenure under the Corporations Act , section 50AA ; the holder of a geothermal tenure starts or stops being a subsidiary of a corporation under the Corporations Act , section 46 .\n(sec.133A-ssec.2) The Minister may consider whether, after the change, the holder of the geothermal tenure has the financial and technical resources to comply with the conditions of the geothermal tenure.\n(sec.133A-ssec.3) If the Minister considers the holder of the geothermal tenure may not have the financial and technical resources to comply with conditions of the geothermal tenure, the Minister may impose another condition on, or amend a condition of, the geothermal tenure.\n(sec.133A-ssec.4) If the Minister believes a change mentioned in subsection (1) may have happened, the Minister may require the holder of the geothermal tenure to give the Minister information or a document about whether or not the change has happened.\n(sec.133A-ssec.5) Before deciding to impose another condition on, or amend a condition of, the geothermal tenure under subsection (3) , the Minister may require the holder of the geothermal tenure to give the Minister information or a document the Minister requires to make the decision.\n(sec.133A-ssec.6) A requirement under subsection (4) or (5) must— be made by notice given to the holder; and state a period of at least 10 business days within which the holder must comply with the requirement.\n(sec.133A-ssec.7) Before deciding to impose another condition on, or amend a condition of, the geothermal tenure under subsection (3) , the Minister must give the holder of the tenure a notice stating— the proposed decision; and the reasons for the proposed decision; and that the holder may, within 10 business days after the notice is given, make submissions to the Minister about the proposed decision.\n(sec.133A-ssec.8) The Minister may extend the period mentioned in subsection (6) (b) or (7) (c) by notice given to the holder of the geothermal tenure.\n(sec.133A-ssec.9) In deciding whether to impose another condition on, or amend a condition of, the geothermal tenure under subsection (3) , the Minister— must consider information or a document, if any, given under subsection (6) (b) or (7) (c) ; and may consider any other matter the Minister considers relevant.\n(sec.133A-ssec.10) If the Minister decides to impose another condition on, or amend a condition of, the geothermal tenure under subsection (3) , the Minister must, as soon as practicable after making the decision, give the holder a notice stating the decision and the reasons for the decision.\n- (a) an entity starts or stops controlling the holder of a geothermal tenure under the Corporations Act , section 50AA ;\n- (b) the holder of a geothermal tenure starts or stops being a subsidiary of a corporation under the Corporations Act , section 46 .\n- (a) be made by notice given to the holder; and\n- (b) state a period of at least 10 business days within which the holder must comply with the requirement.\n- (a) the proposed decision; and\n- (b) the reasons for the proposed decision; and\n- (c) that the holder may, within 10 business days after the notice is given, make submissions to the Minister about the proposed decision.\n- (a) must consider information or a document, if any, given under subsection (6) (b) or (7) (c) ; and\n- (b) may consider any other matter the Minister considers relevant.","sortOrder":177},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":178},{"sectionNumber":"sec.134","sectionType":"section","heading":"Relationship with chs 2, 3 and 6","content":"### sec.134 Relationship with chs 2, 3 and 6\n\nRequirements and restrictions under this chapter relating to the granting of a geothermal tenure apply as well as any relevant requirements under chapter 2 , 3 or 6 .\nIf this chapter imposes a requirement for or a restriction on the granting of a geothermal tenure, it can not be granted if the restriction applies or if the requirement has not been complied with.\nIf a provision of this chapter conflicts with a provision of chapter 2 , 3 or 6 , the provision of this chapter prevails to the extent of the inconsistency.\nThis chapter does not otherwise limit or affect the requirements of chapter 2 , 3 or 6 .\nSubsection (6) applies if this chapter imposes a requirement for or a restriction on the carrying out of an authorised activity for a geothermal tenure.\nDespite chapters 2 , 3 and 6 , the activity is not an authorised activity for the geothermal tenure while the restriction applies or if the requirement has not been complied with.\n(sec.134-ssec.1) Requirements and restrictions under this chapter relating to the granting of a geothermal tenure apply as well as any relevant requirements under chapter 2 , 3 or 6 .\n(sec.134-ssec.2) If this chapter imposes a requirement for or a restriction on the granting of a geothermal tenure, it can not be granted if the restriction applies or if the requirement has not been complied with.\n(sec.134-ssec.3) If a provision of this chapter conflicts with a provision of chapter 2 , 3 or 6 , the provision of this chapter prevails to the extent of the inconsistency.\n(sec.134-ssec.4) This chapter does not otherwise limit or affect the requirements of chapter 2 , 3 or 6 .\n(sec.134-ssec.5) Subsection (6) applies if this chapter imposes a requirement for or a restriction on the carrying out of an authorised activity for a geothermal tenure.\n(sec.134-ssec.6) Despite chapters 2 , 3 and 6 , the activity is not an authorised activity for the geothermal tenure while the restriction applies or if the requirement has not been complied with.","sortOrder":179},{"sectionNumber":"sec.135","sectionType":"section","heading":"What is an overlapping resource authority","content":"### sec.135 What is an overlapping resource authority\n\nAn overlapping resource authority , for a geothermal tenure, is any authority of the following types, all or part of the area of which is in the geothermal tenure’s area—\nan exploration authority (non-geothermal);\na GHG lease;\na mining lease;\na petroleum lease.\nAn overlapping resource authority , for a proposed geothermal tenure, is another authority of a type mentioned in subsection (1) , all or part of the area of which will, if the proposed tenure is granted, be in the proposed tenure’s area.\n(sec.135-ssec.1) An overlapping resource authority , for a geothermal tenure, is any authority of the following types, all or part of the area of which is in the geothermal tenure’s area— an exploration authority (non-geothermal); a GHG lease; a mining lease; a petroleum lease.\n(sec.135-ssec.2) An overlapping resource authority , for a proposed geothermal tenure, is another authority of a type mentioned in subsection (1) , all or part of the area of which will, if the proposed tenure is granted, be in the proposed tenure’s area.\n- (a) an exploration authority (non-geothermal);\n- (b) a GHG lease;\n- (c) a mining lease;\n- (d) a petroleum lease.","sortOrder":180},{"sectionNumber":"sec.136","sectionType":"section","heading":"What is an exploration authority (non-geothermal)","content":"### sec.136 What is an exploration authority (non-geothermal)\n\nAn exploration authority (non-geothermal) is—\na GHG permit; or\nan authority to prospect under the 1923 Act or the P&G Act ; or\nany of the following under the Mineral Resources Act —\na mining claim;\nan exploration permit;\na mineral development licence.\n- (a) a GHG permit; or\n- (b) an authority to prospect under the 1923 Act or the P&G Act ; or\n- (c) any of the following under the Mineral Resources Act — (i) a mining claim; (ii) an exploration permit; (iii) a mineral development licence.\n- (i) a mining claim;\n- (ii) an exploration permit;\n- (iii) a mineral development licence.\n- (i) a mining claim;\n- (ii) an exploration permit;\n- (iii) a mineral development licence.","sortOrder":181},{"sectionNumber":"sec.137","sectionType":"section","heading":"Relationship with other resource Acts and overlapping resource authorities","content":"### sec.137 Relationship with other resource Acts and overlapping resource authorities\n\nSubject to the other provisions of this chapter and chapters 2 , 3 and 6 , another resource Act , or an authority, tenement or tenure under a resource Act , does not limit or otherwise affect—\nthe power under this Act to grant a geothermal tenure over land in the area of an overlapping resource authority for a proposed geothermal tenure; or\nthe carrying out of authorised activities for a geothermal tenure.\n- (a) the power under this Act to grant a geothermal tenure over land in the area of an overlapping resource authority for a proposed geothermal tenure; or\n- (b) the carrying out of authorised activities for a geothermal tenure.","sortOrder":182},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Geothermal coordination arrangements for overlapping resource authorities","content":"# Geothermal coordination arrangements for overlapping resource authorities","sortOrder":183},{"sectionNumber":"ch.5-pt.2-div.1","sectionType":"division","heading":"Making of arrangements","content":"## Making of arrangements","sortOrder":184},{"sectionNumber":"sec.138","sectionType":"section","heading":"Power to make arrangement","content":"### sec.138 Power to make arrangement\n\nA geothermal tenure holder may make an arrangement with the holder of an overlapping resource authority for the tenure about the carrying out of authorised activities for the tenure.\nAn authority of a type mentioned in subsection (1) is a relevant authority for a geothermal coordination arrangement.\nA person who proposes to enter into a relevant authority may enter into an arrangement mentioned in subsection (1) .\nAn arrangement of a type mentioned in subsection (1) , that under section 141 has taken effect and has not ceased to operate according to its terms and has not been cancelled under this part, is a geothermal coordination arrangement .\n(sec.138-ssec.1) A geothermal tenure holder may make an arrangement with the holder of an overlapping resource authority for the tenure about the carrying out of authorised activities for the tenure.\n(sec.138-ssec.2) An authority of a type mentioned in subsection (1) is a relevant authority for a geothermal coordination arrangement.\n(sec.138-ssec.3) A person who proposes to enter into a relevant authority may enter into an arrangement mentioned in subsection (1) .\n(sec.138-ssec.4) An arrangement of a type mentioned in subsection (1) , that under section 141 has taken effect and has not ceased to operate according to its terms and has not been cancelled under this part, is a geothermal coordination arrangement .","sortOrder":185},{"sectionNumber":"sec.139","sectionType":"section","heading":"Other provisions about and effect of geothermal coordination arrangement","content":"### sec.139 Other provisions about and effect of geothermal coordination arrangement\n\nA geothermal coordination arrangement may—\nbe for any term; and\nhave more than 2 relevant authorities; and\nbe included in, or form part of, a coordination arrangement under the P&G Act or a GHG coordination arrangement under the GHG storage Act .\nA person, other than the holder or proposed holder of a relevant authority, may also be a party to the arrangement.\nA proposed geothermal coordination arrangement has no effect unless it is approved by the Minister under section 141 .\n(sec.139-ssec.1) A geothermal coordination arrangement may— be for any term; and have more than 2 relevant authorities; and be included in, or form part of, a coordination arrangement under the P&G Act or a GHG coordination arrangement under the GHG storage Act .\n(sec.139-ssec.2) A person, other than the holder or proposed holder of a relevant authority, may also be a party to the arrangement.\n(sec.139-ssec.3) A proposed geothermal coordination arrangement has no effect unless it is approved by the Minister under section 141 .\n- (a) be for any term; and\n- (b) have more than 2 relevant authorities; and\n- (c) be included in, or form part of, a coordination arrangement under the P&G Act or a GHG coordination arrangement under the GHG storage Act .","sortOrder":186},{"sectionNumber":"sec.140","sectionType":"section","heading":"Applying for ministerial approval of proposed geothermal coordination arrangement","content":"### sec.140 Applying for ministerial approval of proposed geothermal coordination arrangement\n\nThe parties to a proposed geothermal coordination arrangement may jointly apply for approval of the arrangement.\nThe application must be—\nmade to the Minister in the approved form; and\naccompanied by—\nthe original or a certified copy of the proposed arrangement; and\nthe fee prescribed under a regulation.\nIf the proposed arrangement is inconsistent with the work program or development plan for the relevant geothermal tenure, the application must be accompanied by the following document so that the Minister may decide whether to approve the document—\nfor a geothermal permit—a proposed later work program complying with the later work program requirements;\nfor a geothermal lease—a proposed later development plan complying with the later development plan requirements.\n(sec.140-ssec.1) The parties to a proposed geothermal coordination arrangement may jointly apply for approval of the arrangement.\n(sec.140-ssec.2) The application must be— made to the Minister in the approved form; and accompanied by— the original or a certified copy of the proposed arrangement; and the fee prescribed under a regulation.\n(sec.140-ssec.3) If the proposed arrangement is inconsistent with the work program or development plan for the relevant geothermal tenure, the application must be accompanied by the following document so that the Minister may decide whether to approve the document— for a geothermal permit—a proposed later work program complying with the later work program requirements; for a geothermal lease—a proposed later development plan complying with the later development plan requirements.\n- (a) made to the Minister in the approved form; and\n- (b) accompanied by— (i) the original or a certified copy of the proposed arrangement; and (ii) the fee prescribed under a regulation.\n- (i) the original or a certified copy of the proposed arrangement; and\n- (ii) the fee prescribed under a regulation.\n- (i) the original or a certified copy of the proposed arrangement; and\n- (ii) the fee prescribed under a regulation.\n- (a) for a geothermal permit—a proposed later work program complying with the later work program requirements;\n- (b) for a geothermal lease—a proposed later development plan complying with the later development plan requirements.","sortOrder":187},{"sectionNumber":"sec.141","sectionType":"section","heading":"Ministerial approval of proposed geothermal coordination arrangement","content":"### sec.141 Ministerial approval of proposed geothermal coordination arrangement\n\nThe Minister may approve the proposed arrangement only if—\nthe Minister is satisfied—\nthe arrangement clearly identifies the safety responsibilities of each party to the arrangement for the land the subject of the arrangement; and\nthe spatial relationship between the relevant authorities for the arrangement is appropriate; and\nthe proposed later work program or proposed later development plan accompanying the application has been approved; and\nthe arrangement is consistent with the purposes of this Act.\nIn considering whether to give the approval the Minister may have regard to any—\ncoordination arrangement or proposed coordination arrangement under the P&G Act ; or\nGHG coordination arrangement or proposed GHG coordination arrangement under the GHG storage Act .\nIf a relevant authority has not been granted, the approval does not take effect until the authority takes effect.\ns 141 amd 2011 No. 2 s 52\n(sec.141-ssec.1) The Minister may approve the proposed arrangement only if— the Minister is satisfied— the arrangement clearly identifies the safety responsibilities of each party to the arrangement for the land the subject of the arrangement; and the spatial relationship between the relevant authorities for the arrangement is appropriate; and the proposed later work program or proposed later development plan accompanying the application has been approved; and the arrangement is consistent with the purposes of this Act.\n(sec.141-ssec.2) In considering whether to give the approval the Minister may have regard to any— coordination arrangement or proposed coordination arrangement under the P&G Act ; or GHG coordination arrangement or proposed GHG coordination arrangement under the GHG storage Act .\n(sec.141-ssec.3) If a relevant authority has not been granted, the approval does not take effect until the authority takes effect.\n- (a) the Minister is satisfied— (i) the arrangement clearly identifies the safety responsibilities of each party to the arrangement for the land the subject of the arrangement; and (ii) the spatial relationship between the relevant authorities for the arrangement is appropriate; and\n- (i) the arrangement clearly identifies the safety responsibilities of each party to the arrangement for the land the subject of the arrangement; and\n- (ii) the spatial relationship between the relevant authorities for the arrangement is appropriate; and\n- (b) the proposed later work program or proposed later development plan accompanying the application has been approved; and\n- (c) the arrangement is consistent with the purposes of this Act.\n- (i) the arrangement clearly identifies the safety responsibilities of each party to the arrangement for the land the subject of the arrangement; and\n- (ii) the spatial relationship between the relevant authorities for the arrangement is appropriate; and\n- (a) coordination arrangement or proposed coordination arrangement under the P&G Act ; or\n- (b) GHG coordination arrangement or proposed GHG coordination arrangement under the GHG storage Act .","sortOrder":188},{"sectionNumber":"sec.142","sectionType":"section","heading":"Approval does not confer right to renew","content":"### sec.142 Approval does not confer right to renew\n\nThis section applies if the term of a geothermal coordination arrangement is longer than the current term of any relevant authority for the arrangement.\nTo remove any doubt, it is declared that the approval of the arrangement does not impose an obligation or create a right to renew the relevant authority.\n(sec.142-ssec.1) This section applies if the term of a geothermal coordination arrangement is longer than the current term of any relevant authority for the arrangement.\n(sec.142-ssec.2) To remove any doubt, it is declared that the approval of the arrangement does not impose an obligation or create a right to renew the relevant authority.","sortOrder":189},{"sectionNumber":"ch.5-pt.2-div.2","sectionType":"division","heading":"Amendment and cancellation","content":"## Amendment and cancellation","sortOrder":190},{"sectionNumber":"sec.143","sectionType":"section","heading":"Amendment or cancellation by parties to arrangement","content":"### sec.143 Amendment or cancellation by parties to arrangement\n\nA geothermal coordination arrangement may be amended or cancelled by the parties to the arrangement only with the Minister’s approval.\nA purported amendment or cancellation of a geothermal coordination arrangement by the parties to it has no effect unless it is approved under subsection (1) .\n(sec.143-ssec.1) A geothermal coordination arrangement may be amended or cancelled by the parties to the arrangement only with the Minister’s approval.\n(sec.143-ssec.2) A purported amendment or cancellation of a geothermal coordination arrangement by the parties to it has no effect unless it is approved under subsection (1) .","sortOrder":191},{"sectionNumber":"sec.144","sectionType":"section","heading":"Minister’s power to cancel arrangement","content":"### sec.144 Minister’s power to cancel arrangement\n\nThe Minister may, by complying with subsections (2) and (3) , cancel a geothermal coordination arrangement.\nIf the Minister proposes to cancel the arrangement, the Minister must give each party to the arrangement a notice stating—\nthat the Minister proposes to cancel the arrangement; and\nthe reasons for the proposed cancellation; and\nthat any party to the arrangement may make submissions to the Minister about the proposed cancellation or the likely impact of the cancellation on the relevant authorities.\nBefore cancelling the arrangement, the Minister must consider—\nany submissions made by any party to the arrangement within the stated period; and\nthe likely impact of the cancellation on the relevant authorities; and\nthe public interest.\nIf the Minister decides to cancel the arrangement, the Minister must give each party to the arrangement an information notice about the decision.\nThe cancellation takes effect at the end of the appeal period for the decision to cancel or, if a later day of effect is stated in the information notice, on the later day.\nWhen the decision takes effect, the arrangement and the Minister’s approval of it cease to have effect.\n(sec.144-ssec.1) The Minister may, by complying with subsections (2) and (3) , cancel a geothermal coordination arrangement.\n(sec.144-ssec.2) If the Minister proposes to cancel the arrangement, the Minister must give each party to the arrangement a notice stating— that the Minister proposes to cancel the arrangement; and the reasons for the proposed cancellation; and that any party to the arrangement may make submissions to the Minister about the proposed cancellation or the likely impact of the cancellation on the relevant authorities.\n(sec.144-ssec.3) Before cancelling the arrangement, the Minister must consider— any submissions made by any party to the arrangement within the stated period; and the likely impact of the cancellation on the relevant authorities; and the public interest.\n(sec.144-ssec.4) If the Minister decides to cancel the arrangement, the Minister must give each party to the arrangement an information notice about the decision.\n(sec.144-ssec.5) The cancellation takes effect at the end of the appeal period for the decision to cancel or, if a later day of effect is stated in the information notice, on the later day.\n(sec.144-ssec.6) When the decision takes effect, the arrangement and the Minister’s approval of it cease to have effect.\n- (a) that the Minister proposes to cancel the arrangement; and\n- (b) the reasons for the proposed cancellation; and\n- (c) that any party to the arrangement may make submissions to the Minister about the proposed cancellation or the likely impact of the cancellation on the relevant authorities.\n- (a) any submissions made by any party to the arrangement within the stated period; and\n- (b) the likely impact of the cancellation on the relevant authorities; and\n- (c) the public interest.","sortOrder":192},{"sectionNumber":"sec.145","sectionType":"section","heading":"Cancellation does not affect relevant authorities","content":"### sec.145 Cancellation does not affect relevant authorities\n\nThe cancellation of a former geothermal coordination arrangement does not affect any relevant authority.","sortOrder":193},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Obtaining geothermal lease if overlapping resource authority","content":"# Obtaining geothermal lease if overlapping resource authority","sortOrder":194},{"sectionNumber":"ch.5-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":195},{"sectionNumber":"sec.146","sectionType":"section","heading":"Application of pt 3","content":"### sec.146 Application of pt 3\n\nThis part applies if—\na person (the applicant ) wishes to make a geothermal lease application; and\nthere is an overlapping resource authority for the proposed geothermal lease.\n- (a) a person (the applicant ) wishes to make a geothermal lease application; and\n- (b) there is an overlapping resource authority for the proposed geothermal lease.","sortOrder":196},{"sectionNumber":"ch.5-pt.3-div.2","sectionType":"division","heading":"Requirements for application","content":"## Requirements for application","sortOrder":197},{"sectionNumber":"sec.147","sectionType":"section","heading":"Requirements for making application","content":"### sec.147 Requirements for making application\n\nThe geothermal lease application must include—\na statement complying with section 148 (a geothermal statement ); and\nother information addressing the matters mentioned in subsection (2) (the geothermal assessment criteria ).\nThe geothermal assessment criteria are—\ncompliance with the P&G Act safety provisions to the extent they are relevant; and\nThe definition of operating plant under the P&G Act , section 670 does not include wet geothermal production.\nthe additional requirements under part 7 for proposed initial development plans; and\nthe potential for the parties to make a geothermal coordination arrangement for the proposed geothermal lease; and\nthe economic and technical viability of the concurrent or coordinated carrying out of authorised activities for the proposed geothermal lease and the overlapping resource authority; and\nthe public interest.\n(sec.147-ssec.1) The geothermal lease application must include— a statement complying with section 148 (a geothermal statement ); and other information addressing the matters mentioned in subsection (2) (the geothermal assessment criteria ).\n(sec.147-ssec.2) The geothermal assessment criteria are— compliance with the P&G Act safety provisions to the extent they are relevant; and The definition of operating plant under the P&G Act , section 670 does not include wet geothermal production. the additional requirements under part 7 for proposed initial development plans; and the potential for the parties to make a geothermal coordination arrangement for the proposed geothermal lease; and the economic and technical viability of the concurrent or coordinated carrying out of authorised activities for the proposed geothermal lease and the overlapping resource authority; and the public interest.\n- (a) a statement complying with section 148 (a geothermal statement ); and\n- (b) other information addressing the matters mentioned in subsection (2) (the geothermal assessment criteria ).\n- (a) compliance with the P&G Act safety provisions to the extent they are relevant; and Note— The definition of operating plant under the P&G Act , section 670 does not include wet geothermal production.\n- (b) the additional requirements under part 7 for proposed initial development plans; and\n- (c) the potential for the parties to make a geothermal coordination arrangement for the proposed geothermal lease; and\n- (d) the economic and technical viability of the concurrent or coordinated carrying out of authorised activities for the proposed geothermal lease and the overlapping resource authority; and\n- (e) the public interest.","sortOrder":198},{"sectionNumber":"sec.148","sectionType":"section","heading":"Content requirements for geothermal statement","content":"### sec.148 Content requirements for geothermal statement\n\nThe geothermal statement must—\nassess—\nthe likely effect of proposed authorised activities for the proposed geothermal lease on the future use of resources under the overlapping resource authority; and\nthe technical and commercial feasibility of coordinating the proposed activities and the future use of the resources; and\ninclude proposals for the minimisation of potential adverse effects on possible future safe and efficient use of the resources under the overlapping resource authority.\n- (a) assess— (i) the likely effect of proposed authorised activities for the proposed geothermal lease on the future use of resources under the overlapping resource authority; and (ii) the technical and commercial feasibility of coordinating the proposed activities and the future use of the resources; and\n- (i) the likely effect of proposed authorised activities for the proposed geothermal lease on the future use of resources under the overlapping resource authority; and\n- (ii) the technical and commercial feasibility of coordinating the proposed activities and the future use of the resources; and\n- (b) include proposals for the minimisation of potential adverse effects on possible future safe and efficient use of the resources under the overlapping resource authority.\n- (i) the likely effect of proposed authorised activities for the proposed geothermal lease on the future use of resources under the overlapping resource authority; and\n- (ii) the technical and commercial feasibility of coordinating the proposed activities and the future use of the resources; and","sortOrder":199},{"sectionNumber":"ch.5-pt.3-div.3","sectionType":"division","heading":"Consultation provisions","content":"## Consultation provisions","sortOrder":200},{"sectionNumber":"sec.149","sectionType":"section","heading":"Applicant’s information obligation","content":"### sec.149 Applicant’s information obligation\n\nThe applicant must, within 10 business days after making the geothermal lease application, give the overlapping resource authority holder a copy of the application, other than any part of the application relating to the capability criteria.\nIf the Minister is reasonably satisfied the applicant has not complied with subsection (1) , the Minister may refuse the application.\n(sec.149-ssec.1) The applicant must, within 10 business days after making the geothermal lease application, give the overlapping resource authority holder a copy of the application, other than any part of the application relating to the capability criteria.\n(sec.149-ssec.2) If the Minister is reasonably satisfied the applicant has not complied with subsection (1) , the Minister may refuse the application.","sortOrder":201},{"sectionNumber":"sec.150","sectionType":"section","heading":"Submissions by overlapping resource authority holder","content":"### sec.150 Submissions by overlapping resource authority holder\n\nThe overlapping resource authority holder may make submissions to the Minister about the geothermal lease application ( holder submissions ).\nHowever, holder submissions may be made only within 4 months after the holder is given a copy of the application.\nHolder submissions may do all or any of the following—\nstate that the holder does not object to the granting of the proposed geothermal lease;\nif the overlapping resource authority is an exploration authority (non-geothermal)—state that the holder does not wish any priority for the carrying out of authorised activities for any future lease that may arise from the overlapping resource authority ( overlapping authority priority );\ninclude information about authorised activities carried out under the overlapping resource authority;\ninclude a proposal by the overlapping resource authority holder for the use of the resource;\ninclude information relevant to the geothermal assessment criteria;\npropose reasonable provisions for the safety management plan for the proposed geothermal lease.\nThe holder must give the applicant a copy of the holder submissions.\n(sec.150-ssec.1) The overlapping resource authority holder may make submissions to the Minister about the geothermal lease application ( holder submissions ).\n(sec.150-ssec.2) However, holder submissions may be made only within 4 months after the holder is given a copy of the application.\n(sec.150-ssec.3) Holder submissions may do all or any of the following— state that the holder does not object to the granting of the proposed geothermal lease; if the overlapping resource authority is an exploration authority (non-geothermal)—state that the holder does not wish any priority for the carrying out of authorised activities for any future lease that may arise from the overlapping resource authority ( overlapping authority priority ); include information about authorised activities carried out under the overlapping resource authority; include a proposal by the overlapping resource authority holder for the use of the resource; include information relevant to the geothermal assessment criteria; propose reasonable provisions for the safety management plan for the proposed geothermal lease.\n(sec.150-ssec.4) The holder must give the applicant a copy of the holder submissions.\n- (a) state that the holder does not object to the granting of the proposed geothermal lease;\n- (b) if the overlapping resource authority is an exploration authority (non-geothermal)—state that the holder does not wish any priority for the carrying out of authorised activities for any future lease that may arise from the overlapping resource authority ( overlapping authority priority );\n- (c) include information about authorised activities carried out under the overlapping resource authority;\n- (d) include a proposal by the overlapping resource authority holder for the use of the resource;\n- (e) include information relevant to the geothermal assessment criteria;\n- (f) propose reasonable provisions for the safety management plan for the proposed geothermal lease.","sortOrder":202},{"sectionNumber":"ch.5-pt.3-div.4","sectionType":"division","heading":"Resource management decision if overlapping exploration authority (non-geothermal)","content":"## Resource management decision if overlapping exploration authority (non-geothermal)","sortOrder":203},{"sectionNumber":"sec.151","sectionType":"section","heading":"Application of div 4","content":"### sec.151 Application of div 4\n\nThis division applies if—\nthe overlapping resource authority is an exploration authority (non-geothermal); and\nthe overlapping resource authority holder has made holder submissions within 4 months after the holder was given a copy of the application; and\nthe submissions state that the holder wishes overlapping authority priority.\nHowever, this division does not apply if, under another resource Act, overlapping authority priority has been given for any of the relevant land.\nIf this division does not apply, the geothermal lease application proceeds immediately to decision under chapter 3 as affected by division 7 .\n(sec.151-ssec.1) This division applies if— the overlapping resource authority is an exploration authority (non-geothermal); and the overlapping resource authority holder has made holder submissions within 4 months after the holder was given a copy of the application; and the submissions state that the holder wishes overlapping authority priority.\n(sec.151-ssec.2) However, this division does not apply if, under another resource Act, overlapping authority priority has been given for any of the relevant land. If this division does not apply, the geothermal lease application proceeds immediately to decision under chapter 3 as affected by division 7 .\n- (a) the overlapping resource authority is an exploration authority (non-geothermal); and\n- (b) the overlapping resource authority holder has made holder submissions within 4 months after the holder was given a copy of the application; and\n- (c) the submissions state that the holder wishes overlapping authority priority.","sortOrder":204},{"sectionNumber":"sec.152","sectionType":"section","heading":"Resource management decision","content":"### sec.152 Resource management decision\n\nThe Minister must make a decision (the resource management decision ) about whether—\nto grant the geothermal lease application; or\nto give any overlapping authority priority for all or part of the relevant land; or\nnot to grant the geothermal lease application and not to give any overlapping authority priority for any of the relevant land.\n- (a) to grant the geothermal lease application; or\n- (b) to give any overlapping authority priority for all or part of the relevant land; or\n- (c) not to grant the geothermal lease application and not to give any overlapping authority priority for any of the relevant land.","sortOrder":205},{"sectionNumber":"sec.153","sectionType":"section","heading":"Criteria for decision","content":"### sec.153 Criteria for decision\n\nIn making the resource management decision the Minister must have regard to the following—\nthe geothermal statement;\nthe geothermal assessment criteria;\nthe holder submissions;\nthe public interest.\n- (a) the geothermal statement;\n- (b) the geothermal assessment criteria;\n- (c) the holder submissions;\n- (d) the public interest.","sortOrder":206},{"sectionNumber":"sec.154","sectionType":"section","heading":"Restrictions on giving overlapping authority priority","content":"### sec.154 Restrictions on giving overlapping authority priority\n\nOverlapping authority priority may be given only if the Minister considers that—\neither—\nit is unlikely the applicant and the overlapping resource authority holder will enter into a geothermal coordination arrangement; or\na geothermal coordination arrangement for the proposed geothermal lease is not commercially or technically feasible; and\nthe public interest would be best served by not granting a geothermal lease to the applicant first.\n- (a) either— (i) it is unlikely the applicant and the overlapping resource authority holder will enter into a geothermal coordination arrangement; or (ii) a geothermal coordination arrangement for the proposed geothermal lease is not commercially or technically feasible; and\n- (i) it is unlikely the applicant and the overlapping resource authority holder will enter into a geothermal coordination arrangement; or\n- (ii) a geothermal coordination arrangement for the proposed geothermal lease is not commercially or technically feasible; and\n- (b) the public interest would be best served by not granting a geothermal lease to the applicant first.\n- (i) it is unlikely the applicant and the overlapping resource authority holder will enter into a geothermal coordination arrangement; or\n- (ii) a geothermal coordination arrangement for the proposed geothermal lease is not commercially or technically feasible; and","sortOrder":207},{"sectionNumber":"ch.5-pt.3-div.5","sectionType":"division","heading":"Process if resource management decision is to give overlapping authority priority","content":"## Process if resource management decision is to give overlapping authority priority","sortOrder":208},{"sectionNumber":"sec.155","sectionType":"section","heading":"Application of div 5","content":"### sec.155 Application of div 5\n\nThis division applies only if—\nunder division 4 , a resource management decision is required for the geothermal lease application; and\nthe decision is to give overlapping authority priority for all or part of the relevant land.\n- (a) under division 4 , a resource management decision is required for the geothermal lease application; and\n- (b) the decision is to give overlapping authority priority for all or part of the relevant land.","sortOrder":209},{"sectionNumber":"sec.156","sectionType":"section","heading":"Notice to applicant and overlapping resource authority holder","content":"### sec.156 Notice to applicant and overlapping resource authority holder\n\nThe chief executive must give the applicant and the overlapping resource authority holder notice of the resource management decision.\nThe notice must invite the overlapping resource authority holder to apply, within 6 months after the giving of the notice (the overlapping authority application period ), for a lease under the Act under which the overlapping resource authority was granted (a relevant lease )—\nif the overlapping authority priority is for all of the land—for all of the land; or\nif the priority is for part of the land—for that part.\n(sec.156-ssec.1) The chief executive must give the applicant and the overlapping resource authority holder notice of the resource management decision.\n(sec.156-ssec.2) The notice must invite the overlapping resource authority holder to apply, within 6 months after the giving of the notice (the overlapping authority application period ), for a lease under the Act under which the overlapping resource authority was granted (a relevant lease )— if the overlapping authority priority is for all of the land—for all of the land; or if the priority is for part of the land—for that part.\n- (a) if the overlapping authority priority is for all of the land—for all of the land; or\n- (b) if the priority is for part of the land—for that part.","sortOrder":210},{"sectionNumber":"sec.157","sectionType":"section","heading":"Relevant lease application for all of the land","content":"### sec.157 Relevant lease application for all of the land\n\nThis section applies if—\nthe overlapping authority priority is for all of the land; and\nwithin the overlapping authority application period the overlapping resource authority holder applies for a relevant lease for all of the land.\nA further step can not be taken to decide the geothermal lease application until after the relevant lease application has been decided.\nActs under which the overlapping resource authority was granted provide for refusal of the relevant lease application if it is not pursued in a timely manner.\nIf the decision on the relevant lease application is to grant a relevant lease for all of the land, the geothermal lease application is taken to have lapsed.\n(sec.157-ssec.1) This section applies if— the overlapping authority priority is for all of the land; and within the overlapping authority application period the overlapping resource authority holder applies for a relevant lease for all of the land.\n(sec.157-ssec.2) A further step can not be taken to decide the geothermal lease application until after the relevant lease application has been decided. Acts under which the overlapping resource authority was granted provide for refusal of the relevant lease application if it is not pursued in a timely manner.\n(sec.157-ssec.3) If the decision on the relevant lease application is to grant a relevant lease for all of the land, the geothermal lease application is taken to have lapsed.\n- (a) the overlapping authority priority is for all of the land; and\n- (b) within the overlapping authority application period the overlapping resource authority holder applies for a relevant lease for all of the land.","sortOrder":211},{"sectionNumber":"sec.158","sectionType":"section","heading":"Relevant lease application for part of the land","content":"### sec.158 Relevant lease application for part of the land\n\nThis section applies if the overlapping resource authority holder applies for a relevant lease for part of the land within the overlapping authority application period.\nThe person who made the geothermal lease application may amend it so that a geothermal lease is only sought for all or part of the rest of the land.\nUnless the amendment is made, a further step can not be taken to decide the geothermal lease application until after the relevant lease application has been decided.\nIf—\nthe amendment has not been made; and\nthe decision on the relevant lease application is to grant a relevant lease for part of the land;\nthe person who made the geothermal lease application may amend it so that a geothermal lease is sought only for all or part of the rest of the land.\nIf the geothermal lease application is not amended, see section 162 .\n(sec.158-ssec.1) This section applies if the overlapping resource authority holder applies for a relevant lease for part of the land within the overlapping authority application period.\n(sec.158-ssec.2) The person who made the geothermal lease application may amend it so that a geothermal lease is only sought for all or part of the rest of the land.\n(sec.158-ssec.3) Unless the amendment is made, a further step can not be taken to decide the geothermal lease application until after the relevant lease application has been decided.\n(sec.158-ssec.4) If— the amendment has not been made; and the decision on the relevant lease application is to grant a relevant lease for part of the land; the person who made the geothermal lease application may amend it so that a geothermal lease is sought only for all or part of the rest of the land. If the geothermal lease application is not amended, see section 162 .\n- (a) the amendment has not been made; and\n- (b) the decision on the relevant lease application is to grant a relevant lease for part of the land;","sortOrder":212},{"sectionNumber":"sec.159","sectionType":"section","heading":"No relevant lease application","content":"### sec.159 No relevant lease application\n\nIf the overlapping resource authority holder does not apply for a relevant lease for any of the land within the overlapping authority application period, the geothermal lease application may be decided.","sortOrder":213},{"sectionNumber":"ch.5-pt.3-div.6","sectionType":"division","heading":"Resource management decision not to grant and not to give priority","content":"## Resource management decision not to grant and not to give priority","sortOrder":214},{"sectionNumber":"sec.160","sectionType":"section","heading":"Lapsing of application","content":"### sec.160 Lapsing of application\n\nThe geothermal lease application is taken to have lapsed if—\nunder division 4 , a resource management decision is required; and\nthe decision was not to grant the geothermal lease application and not to give any overlapping authority priority for any of the relevant land.\n- (a) under division 4 , a resource management decision is required; and\n- (b) the decision was not to grant the geothermal lease application and not to give any overlapping authority priority for any of the relevant land.","sortOrder":215},{"sectionNumber":"ch.5-pt.3-div.7","sectionType":"division","heading":"Deciding application","content":"## Deciding application","sortOrder":216},{"sectionNumber":"sec.161","sectionType":"section","heading":"Application of div 7","content":"### sec.161 Application of div 7\n\nThis division applies if—\nthe overlapping resource authority holder has not made holder submissions within 4 months after the holder was given a copy of the application (the submission period ) or at all; or\nthe overlapping resource authority holder has made holder submissions within the submission period stating that the holder does not wish any overlapping authority priority; or\nunder division 4 , a resource management decision is required and—\nthe resource management decision is not to give overlapping authority priority for any of the relevant land; or\nthe resource management decision is to give overlapping authority priority for all or part of the relevant land and, after division 5 has been complied with, the Minister decides to grant a geothermal lease for the land.\n- (a) the overlapping resource authority holder has not made holder submissions within 4 months after the holder was given a copy of the application (the submission period ) or at all; or\n- (b) the overlapping resource authority holder has made holder submissions within the submission period stating that the holder does not wish any overlapping authority priority; or\n- (c) under division 4 , a resource management decision is required and— (i) the resource management decision is not to give overlapping authority priority for any of the relevant land; or (ii) the resource management decision is to give overlapping authority priority for all or part of the relevant land and, after division 5 has been complied with, the Minister decides to grant a geothermal lease for the land.\n- (i) the resource management decision is not to give overlapping authority priority for any of the relevant land; or\n- (ii) the resource management decision is to give overlapping authority priority for all or part of the relevant land and, after division 5 has been complied with, the Minister decides to grant a geothermal lease for the land.\n- (i) the resource management decision is not to give overlapping authority priority for any of the relevant land; or\n- (ii) the resource management decision is to give overlapping authority priority for all or part of the relevant land and, after division 5 has been complied with, the Minister decides to grant a geothermal lease for the land.","sortOrder":217},{"sectionNumber":"sec.162","sectionType":"section","heading":"Application may be refused if no reasonable prospects of geothermal coordination arrangement","content":"### sec.162 Application may be refused if no reasonable prospects of geothermal coordination arrangement\n\nThe Minister may decide to refuse the application if—\nthe Minister is satisfied the applicant and the overlapping authority holder have made reasonable attempts to reach a proposed geothermal coordination arrangement (a relevant arrangement ) for the proposed geothermal lease; and\neither—\nthe overlapping resource authority holder has given the Minister a notice stating there are no reasonable prospects of a relevant arrangement being made; or\nthe Minister has not been given a relevant arrangement for approval and the Minister considers the applicant and the overlapping resource authority holder have had a reasonable opportunity to make a relevant arrangement.\n- (a) the Minister is satisfied the applicant and the overlapping authority holder have made reasonable attempts to reach a proposed geothermal coordination arrangement (a relevant arrangement ) for the proposed geothermal lease; and\n- (b) either— (i) the overlapping resource authority holder has given the Minister a notice stating there are no reasonable prospects of a relevant arrangement being made; or (ii) the Minister has not been given a relevant arrangement for approval and the Minister considers the applicant and the overlapping resource authority holder have had a reasonable opportunity to make a relevant arrangement.\n- (i) the overlapping resource authority holder has given the Minister a notice stating there are no reasonable prospects of a relevant arrangement being made; or\n- (ii) the Minister has not been given a relevant arrangement for approval and the Minister considers the applicant and the overlapping resource authority holder have had a reasonable opportunity to make a relevant arrangement.\n- (i) the overlapping resource authority holder has given the Minister a notice stating there are no reasonable prospects of a relevant arrangement being made; or\n- (ii) the Minister has not been given a relevant arrangement for approval and the Minister considers the applicant and the overlapping resource authority holder have had a reasonable opportunity to make a relevant arrangement.","sortOrder":218},{"sectionNumber":"sec.163","sectionType":"section","heading":"Additional criteria for deciding provisions of geothermal lease","content":"### sec.163 Additional criteria for deciding provisions of geothermal lease\n\nIn deciding the provisions of the geothermal lease, the Minister must consider the following—\nthe geothermal statement;\nthe geothermal assessment criteria;\nany holder submissions;\nthe effect of the geothermal lease on safe and efficient use of resources under any overlapping resource authority for the geothermal lease if the overlapping resource authority is a lease;\nthe effect on safe and efficient use of resources under any future lease that may arise from the overlapping resource authority.\n- (a) the geothermal statement;\n- (b) the geothermal assessment criteria;\n- (c) any holder submissions;\n- (d) the effect of the geothermal lease on safe and efficient use of resources under any overlapping resource authority for the geothermal lease if the overlapping resource authority is a lease;\n- (e) the effect on safe and efficient use of resources under any future lease that may arise from the overlapping resource authority.","sortOrder":219},{"sectionNumber":"sec.164","sectionType":"section","heading":"Publication of outcome of application","content":"### sec.164 Publication of outcome of application\n\nAfter the Minister decides whether or not to grant the geothermal lease, the chief executive must publish a notice about the outcome of the geothermal lease application in or on at least 1 of the following—\nthe gazette;\nthe department’s website;\nanother publication the chief executive considers appropriate.\nThe notice must state—\nthe decision; and\nif the decision was to grant the geothermal lease—all of the geothermal lease’s conditions other than the mandatory conditions; and\nif, under division 4 , a resource management decision was required and the decision is to give overlapping authority priority for all or part of the land—the decision and the reasons for it.\nHowever, if the chief executive considers information in a condition is commercial-in-confidence, the chief executive may, instead of publishing the condition, publish a statement about its intent.\n(sec.164-ssec.1) After the Minister decides whether or not to grant the geothermal lease, the chief executive must publish a notice about the outcome of the geothermal lease application in or on at least 1 of the following— the gazette; the department’s website; another publication the chief executive considers appropriate.\n(sec.164-ssec.2) The notice must state— the decision; and if the decision was to grant the geothermal lease—all of the geothermal lease’s conditions other than the mandatory conditions; and if, under division 4 , a resource management decision was required and the decision is to give overlapping authority priority for all or part of the land—the decision and the reasons for it.\n(sec.164-ssec.3) However, if the chief executive considers information in a condition is commercial-in-confidence, the chief executive may, instead of publishing the condition, publish a statement about its intent.\n- (a) the gazette;\n- (b) the department’s website;\n- (c) another publication the chief executive considers appropriate.\n- (a) the decision; and\n- (b) if the decision was to grant the geothermal lease—all of the geothermal lease’s conditions other than the mandatory conditions; and\n- (c) if, under division 4 , a resource management decision was required and the decision is to give overlapping authority priority for all or part of the land—the decision and the reasons for it.","sortOrder":220},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Priority to particular higher tenure applications under other resource Acts","content":"# Priority to particular higher tenure applications under other resource Acts","sortOrder":221},{"sectionNumber":"sec.165","sectionType":"section","heading":"Earlier GHG, mining or petroleum lease application","content":"### sec.165 Earlier GHG, mining or petroleum lease application\n\nIf—\na geothermal lease application is made; and\nbefore the making of that application, an application (the other application ) was made for a GHG lease, mining lease or petroleum lease (the other proposed lease ); and\nthe other application had not been decided before the making of the geothermal lease application; and\nthe other proposed lease would, if granted, be an overlapping resource authority for the proposed geothermal lease;\nthe geothermal lease application must not be decided until the other application has been decided.\n- (a) a geothermal lease application is made; and\n- (b) before the making of that application, an application (the other application ) was made for a GHG lease, mining lease or petroleum lease (the other proposed lease ); and\n- (c) the other application had not been decided before the making of the geothermal lease application; and\n- (d) the other proposed lease would, if granted, be an overlapping resource authority for the proposed geothermal lease;","sortOrder":222},{"sectionNumber":"sec.166","sectionType":"section","heading":"Proposed GHG, mining or petroleum lease for which EIS approval given","content":"### sec.166 Proposed GHG, mining or petroleum lease for which EIS approval given\n\nThis section applies for a geothermal lease application if—\nbefore the making of the application, an approval under the Environmental Protection Act , chapter 3 , part 2 was granted for the voluntary preparation of an EIS; and\nthe EIS is for a project that is or includes a proposed GHG lease, mining lease or petroleum lease (the other proposed lease ) for land the subject of the application.\nThe application must not be decided until—\nif no application is made for the other proposed lease within 2 years after the granting of the approval—the end of the 2 years; or\nif an application is made for the other proposed lease within the 2 years—that application is decided.\n(sec.166-ssec.1) This section applies for a geothermal lease application if— before the making of the application, an approval under the Environmental Protection Act , chapter 3 , part 2 was granted for the voluntary preparation of an EIS; and the EIS is for a project that is or includes a proposed GHG lease, mining lease or petroleum lease (the other proposed lease ) for land the subject of the application.\n(sec.166-ssec.2) The application must not be decided until— if no application is made for the other proposed lease within 2 years after the granting of the approval—the end of the 2 years; or if an application is made for the other proposed lease within the 2 years—that application is decided.\n- (a) before the making of the application, an approval under the Environmental Protection Act , chapter 3 , part 2 was granted for the voluntary preparation of an EIS; and\n- (b) the EIS is for a project that is or includes a proposed GHG lease, mining lease or petroleum lease (the other proposed lease ) for land the subject of the application.\n- (a) if no application is made for the other proposed lease within 2 years after the granting of the approval—the end of the 2 years; or\n- (b) if an application is made for the other proposed lease within the 2 years—that application is decided.","sortOrder":223},{"sectionNumber":"sec.167","sectionType":"section","heading":"Proposed GHG, mining or petroleum lease declared a coordinated project","content":"### sec.167 Proposed GHG, mining or petroleum lease declared a coordinated project\n\nThis section applies for a geothermal lease application if—\nbefore the making of the application, a coordinated project was declared; and\nthe project is or includes a proposed GHG lease, mining lease or petroleum lease (the other proposed lease ) for land the subject of the application.\nThe application must not be decided until—\nif no application is made for the other proposed lease within 1 year after the making of the declaration—the end of that year; or\nif an application is made for the other proposed lease within that year—that application is decided.\ns 167 amd 2012 No. 43 s 325 sch 2\n(sec.167-ssec.1) This section applies for a geothermal lease application if— before the making of the application, a coordinated project was declared; and the project is or includes a proposed GHG lease, mining lease or petroleum lease (the other proposed lease ) for land the subject of the application.\n(sec.167-ssec.2) The application must not be decided until— if no application is made for the other proposed lease within 1 year after the making of the declaration—the end of that year; or if an application is made for the other proposed lease within that year—that application is decided.\n- (a) before the making of the application, a coordinated project was declared; and\n- (b) the project is or includes a proposed GHG lease, mining lease or petroleum lease (the other proposed lease ) for land the subject of the application.\n- (a) if no application is made for the other proposed lease within 1 year after the making of the declaration—the end of that year; or\n- (b) if an application is made for the other proposed lease within that year—that application is decided.","sortOrder":224},{"sectionNumber":"ch.5-pt.5","sectionType":"part","heading":"Geothermal lease applications in response to invitation under another resource Act","content":"# Geothermal lease applications in response to invitation under another resource Act","sortOrder":225},{"sectionNumber":"sec.168","sectionType":"section","heading":"Application of pt 5","content":"### sec.168 Application of pt 5\n\nThis part applies if—\na geothermal lease application is made in response to an invitation given because of a resource management decision under another resource Act ; and\nthe application is made within 6 months after the giving of the invitation.\n- (a) a geothermal lease application is made in response to an invitation given because of a resource management decision under another resource Act ; and\n- (b) the application is made within 6 months after the giving of the invitation.","sortOrder":226},{"sectionNumber":"sec.169","sectionType":"section","heading":"Additional ground for refusing application","content":"### sec.169 Additional ground for refusing application\n\nThe Minister may decide to refuse the geothermal lease application if satisfied the applicant has not in a timely manner—\ntaken any step for the application required of the applicant under chapter 3 or this chapter; or\nsatisfied the Minister about a matter that, under chapter 3 or this chapter, is required for the granting of the application.\nSubsection (1) does not limit section 365 , 366 or 366A .\ns 169 amd 2012 No. 20 s 281 sch 2\n(sec.169-ssec.1) The Minister may decide to refuse the geothermal lease application if satisfied the applicant has not in a timely manner— taken any step for the application required of the applicant under chapter 3 or this chapter; or satisfied the Minister about a matter that, under chapter 3 or this chapter, is required for the granting of the application.\n(sec.169-ssec.2) Subsection (1) does not limit section 365 , 366 or 366A .\n- (a) taken any step for the application required of the applicant under chapter 3 or this chapter; or\n- (b) satisfied the Minister about a matter that, under chapter 3 or this chapter, is required for the granting of the application.","sortOrder":227},{"sectionNumber":"ch.5-pt.6","sectionType":"part","heading":"Additional provisions for geothermal tenures","content":"# Additional provisions for geothermal tenures","sortOrder":228},{"sectionNumber":"ch.5-pt.6-div.1","sectionType":"division","heading":"Restrictions on authorised activities other than for geothermal leases","content":"## Restrictions on authorised activities other than for geothermal leases","sortOrder":229},{"sectionNumber":"sec.170","sectionType":"section","heading":"Overlapping GHG, mining or petroleum lease","content":"### sec.170 Overlapping GHG, mining or petroleum lease\n\nThis section applies if land is in the area of both of the following—\na geothermal permit;\na GHG lease, mining lease or petroleum lease (a relevant lease ).\nHowever, this section does not apply if the same person holds the geothermal permit and the relevant lease.\nAn authorised activity for the geothermal permit may be carried out on the land only if—\nthe relevant lease holder has not, in the way required under subsection (4) , objected to—\nthe carrying out of the activity; or\nif the P&G Act safety provisions require a safety management plan for the geothermal permit holder—the safety management plan; or\nif an objection under paragraph (a) has been made—the Minister has, under section 172 , decided the authorised activity may be carried out.\nFor notice of authorised activities, see section 174 .\nThe objection must be in the approved form and given to the Minister and the geothermal tenure holder.\nSee also the Mineral Resources Act , section 403 (Offences regarding land subject to mining claim or mining lease).\n(sec.170-ssec.1) This section applies if land is in the area of both of the following— a geothermal permit; a GHG lease, mining lease or petroleum lease (a relevant lease ).\n(sec.170-ssec.2) However, this section does not apply if the same person holds the geothermal permit and the relevant lease.\n(sec.170-ssec.3) An authorised activity for the geothermal permit may be carried out on the land only if— the relevant lease holder has not, in the way required under subsection (4) , objected to— the carrying out of the activity; or if the P&G Act safety provisions require a safety management plan for the geothermal permit holder—the safety management plan; or if an objection under paragraph (a) has been made—the Minister has, under section 172 , decided the authorised activity may be carried out. For notice of authorised activities, see section 174 .\n(sec.170-ssec.4) The objection must be in the approved form and given to the Minister and the geothermal tenure holder. See also the Mineral Resources Act , section 403 (Offences regarding land subject to mining claim or mining lease).\n- (a) a geothermal permit;\n- (b) a GHG lease, mining lease or petroleum lease (a relevant lease ).\n- (a) the relevant lease holder has not, in the way required under subsection (4) , objected to— (i) the carrying out of the activity; or (ii) if the P&G Act safety provisions require a safety management plan for the geothermal permit holder—the safety management plan; or\n- (i) the carrying out of the activity; or\n- (ii) if the P&G Act safety provisions require a safety management plan for the geothermal permit holder—the safety management plan; or\n- (b) if an objection under paragraph (a) has been made—the Minister has, under section 172 , decided the authorised activity may be carried out.\n- (i) the carrying out of the activity; or\n- (ii) if the P&G Act safety provisions require a safety management plan for the geothermal permit holder—the safety management plan; or","sortOrder":230},{"sectionNumber":"sec.171","sectionType":"section","heading":"Overlapping exploration authority (non-geothermal)","content":"### sec.171 Overlapping exploration authority (non-geothermal)\n\nThis section applies if land is in the area of a geothermal permit and an exploration authority (non-geothermal).\nAn authorised activity for the geothermal permit can not be carried out on the land if—\ncarrying out the activity adversely affects the carrying out of an authorised activity for the exploration authority (non-geothermal); and\nthe authorised activity for the exploration authority (non-geothermal) has already started.\n(sec.171-ssec.1) This section applies if land is in the area of a geothermal permit and an exploration authority (non-geothermal).\n(sec.171-ssec.2) An authorised activity for the geothermal permit can not be carried out on the land if— carrying out the activity adversely affects the carrying out of an authorised activity for the exploration authority (non-geothermal); and the authorised activity for the exploration authority (non-geothermal) has already started.\n- (a) carrying out the activity adversely affects the carrying out of an authorised activity for the exploration authority (non-geothermal); and\n- (b) the authorised activity for the exploration authority (non-geothermal) has already started.","sortOrder":231},{"sectionNumber":"sec.172","sectionType":"section","heading":"Resolving disputes","content":"### sec.172 Resolving disputes\n\nThis section applies if, under section 170 , a relevant lease holder has objected to the carrying out of a geothermal activity by a geothermal permit holder.\nThis section also applies if there is a dispute between a geothermal permit holder and an exploration authority (non-geothermal) holder about whether an authorised activity for the geothermal tenure can be carried out under section 171 .\nEither of the parties may by a notice in the approved form ask the Minister to decide—\nfor section 170 —whether the authorised activity may be carried out under that section; or\nfor section 171 —whether the authorised activity may be carried out under that section.\nBefore making the decision the Minister must give the parties a reasonable opportunity to make submissions about the request within a reasonable period.\nThe Minister must, after complying with subsection (2) and considering any submissions made under that subsection, decide the matter and give the parties notice of the decision.\nThe Minister’s decision binds the parties.\nIf the request is about a matter mentioned in subsection (1) , the Minister may impose conditions on any decision that the authorised activity may be carried out.\nIn this section—\nparties means—\nfor a request about a matter mentioned in subsection (1) —the geothermal permit holder and the relevant lease holder; or\nfor a request about a matter mentioned in subsection (2) —the geothermal permit holder and the exploration authority (non-geothermal) holder.\n(sec.172-ssec.1) This section applies if, under section 170 , a relevant lease holder has objected to the carrying out of a geothermal activity by a geothermal permit holder.\n(sec.172-ssec.2) This section also applies if there is a dispute between a geothermal permit holder and an exploration authority (non-geothermal) holder about whether an authorised activity for the geothermal tenure can be carried out under section 171 .\n(sec.172-ssec.3) Either of the parties may by a notice in the approved form ask the Minister to decide— for section 170 —whether the authorised activity may be carried out under that section; or for section 171 —whether the authorised activity may be carried out under that section.\n(sec.172-ssec.4) Before making the decision the Minister must give the parties a reasonable opportunity to make submissions about the request within a reasonable period.\n(sec.172-ssec.5) The Minister must, after complying with subsection (2) and considering any submissions made under that subsection, decide the matter and give the parties notice of the decision.\n(sec.172-ssec.6) The Minister’s decision binds the parties.\n(sec.172-ssec.7) If the request is about a matter mentioned in subsection (1) , the Minister may impose conditions on any decision that the authorised activity may be carried out.\n(sec.172-ssec.8) In this section— parties means— for a request about a matter mentioned in subsection (1) —the geothermal permit holder and the relevant lease holder; or for a request about a matter mentioned in subsection (2) —the geothermal permit holder and the exploration authority (non-geothermal) holder.\n- (a) for section 170 —whether the authorised activity may be carried out under that section; or\n- (b) for section 171 —whether the authorised activity may be carried out under that section.\n- (a) for a request about a matter mentioned in subsection (1) —the geothermal permit holder and the relevant lease holder; or\n- (b) for a request about a matter mentioned in subsection (2) —the geothermal permit holder and the exploration authority (non-geothermal) holder.","sortOrder":232},{"sectionNumber":"ch.5-pt.6-div.2","sectionType":"division","heading":"Additional conditions","content":"## Additional conditions","sortOrder":233},{"sectionNumber":"sec.173","sectionType":"section","heading":"Notice of grant by particular geothermal permit holders","content":"### sec.173 Notice of grant by particular geothermal permit holders\n\nThis section applies if land in a geothermal permit’s area is in the area of, or in a proposed area under an application for, any of the following other authorities—\nan exploration authority (non-geothermal);\na GHG data acquisition authority under the GHG storage Act ;\na data acquisition authority under the P&G Act ;\na water monitoring authority under the P&G Act .\nIt is a condition of the permit that its holder must, within 20 business days after the holder receives notice of the grant of the permit, give the holder of or applicant for the other authority a notice stating—\nthe permit has been granted; and\nthe permit holder’s name and address; and\nthe permit’s term.\n(sec.173-ssec.1) This section applies if land in a geothermal permit’s area is in the area of, or in a proposed area under an application for, any of the following other authorities— an exploration authority (non-geothermal); a GHG data acquisition authority under the GHG storage Act ; a data acquisition authority under the P&G Act ; a water monitoring authority under the P&G Act .\n(sec.173-ssec.2) It is a condition of the permit that its holder must, within 20 business days after the holder receives notice of the grant of the permit, give the holder of or applicant for the other authority a notice stating— the permit has been granted; and the permit holder’s name and address; and the permit’s term.\n- (a) an exploration authority (non-geothermal);\n- (b) a GHG data acquisition authority under the GHG storage Act ;\n- (c) a data acquisition authority under the P&G Act ;\n- (d) a water monitoring authority under the P&G Act .\n- (a) the permit has been granted; and\n- (b) the permit holder’s name and address; and\n- (c) the permit’s term.","sortOrder":234},{"sectionNumber":"sec.174","sectionType":"section","heading":"Condition to notify particular other authority holders of proposed start of particular authorised activities","content":"### sec.174 Condition to notify particular other authority holders of proposed start of particular authorised activities\n\nThis section applies to a geothermal tenure holder if—\nthere is any of the following (the other authority ) for the geothermal tenure—\nan overlapping resource authority;\na GHG authority, a mining lease or a petroleum tenure sharing a common boundary with the geothermal tenure; or\nland in the geothermal tenure’s area is in the area of any of the following (also the other authority )—\na GHG data acquisition authority under the GHG storage Act ;\na data acquisition authority under the P&G Act .\nBefore the geothermal tenure holder first starts a designated activity in the other authority’s area, the geothermal tenure holder must give the other authority holder at least 30 business days notice of the activity.\nA notice under subsection (2) must state—\nwhen the designated activity is to start; and\nwhere the designated activity is to be carried out; and\nthe nature of the activity.\nBefore changing the land on which the designated activity is being carried out, the geothermal tenure holder must give the other authority holder at least 30 business days notice stating where the activity is to be carried out.\nCompliance with this section is a condition of the geothermal tenure.\nIn this section—\ndesignated activity means any authorised activity for the geothermal tenure other than—\nan incidental activity under section 32 or 76 ; or\nan activity only involving selecting places where other authorised activities for the geothermal tenure may be carried out.\n(sec.174-ssec.1) This section applies to a geothermal tenure holder if— there is any of the following (the other authority ) for the geothermal tenure— an overlapping resource authority; a GHG authority, a mining lease or a petroleum tenure sharing a common boundary with the geothermal tenure; or land in the geothermal tenure’s area is in the area of any of the following (also the other authority )— a GHG data acquisition authority under the GHG storage Act ; a data acquisition authority under the P&G Act .\n(sec.174-ssec.2) Before the geothermal tenure holder first starts a designated activity in the other authority’s area, the geothermal tenure holder must give the other authority holder at least 30 business days notice of the activity.\n(sec.174-ssec.3) A notice under subsection (2) must state— when the designated activity is to start; and where the designated activity is to be carried out; and the nature of the activity.\n(sec.174-ssec.4) Before changing the land on which the designated activity is being carried out, the geothermal tenure holder must give the other authority holder at least 30 business days notice stating where the activity is to be carried out.\n(sec.174-ssec.5) Compliance with this section is a condition of the geothermal tenure.\n(sec.174-ssec.6) In this section— designated activity means any authorised activity for the geothermal tenure other than— an incidental activity under section 32 or 76 ; or an activity only involving selecting places where other authorised activities for the geothermal tenure may be carried out.\n- (a) there is any of the following (the other authority ) for the geothermal tenure— (i) an overlapping resource authority; (ii) a GHG authority, a mining lease or a petroleum tenure sharing a common boundary with the geothermal tenure; or\n- (i) an overlapping resource authority;\n- (ii) a GHG authority, a mining lease or a petroleum tenure sharing a common boundary with the geothermal tenure; or\n- (b) land in the geothermal tenure’s area is in the area of any of the following (also the other authority )— (i) a GHG data acquisition authority under the GHG storage Act ; (ii) a data acquisition authority under the P&G Act .\n- (i) a GHG data acquisition authority under the GHG storage Act ;\n- (ii) a data acquisition authority under the P&G Act .\n- (i) an overlapping resource authority;\n- (ii) a GHG authority, a mining lease or a petroleum tenure sharing a common boundary with the geothermal tenure; or\n- (i) a GHG data acquisition authority under the GHG storage Act ;\n- (ii) a data acquisition authority under the P&G Act .\n- (a) when the designated activity is to start; and\n- (b) where the designated activity is to be carried out; and\n- (c) the nature of the activity.\n- (a) an incidental activity under section 32 or 76 ; or\n- (b) an activity only involving selecting places where other authorised activities for the geothermal tenure may be carried out.","sortOrder":235},{"sectionNumber":"sec.175","sectionType":"section","heading":"Continuance of geothermal coordination arrangement after transfer","content":"### sec.175 Continuance of geothermal coordination arrangement after transfer\n\nThis section applies if—\nthere is an overlapping resource authority for a geothermal lease; and\na geothermal coordination arrangement applies to the geothermal lease; and\nthe geothermal lease is transferred.\nIt is a condition of the geothermal lease that its holder must continue to be a party to a geothermal coordination arrangement for the lease while the overlapping resource authority continues in force.\n(sec.175-ssec.1) This section applies if— there is an overlapping resource authority for a geothermal lease; and a geothermal coordination arrangement applies to the geothermal lease; and the geothermal lease is transferred.\n(sec.175-ssec.2) It is a condition of the geothermal lease that its holder must continue to be a party to a geothermal coordination arrangement for the lease while the overlapping resource authority continues in force.\n- (a) there is an overlapping resource authority for a geothermal lease; and\n- (b) a geothermal coordination arrangement applies to the geothermal lease; and\n- (c) the geothermal lease is transferred.","sortOrder":236},{"sectionNumber":"ch.5-pt.6-div.3","sectionType":"division","heading":"Restriction on Minister’s power to amend geothermal lease if overlapping resource authority","content":"## Restriction on Minister’s power to amend geothermal lease if overlapping resource authority","sortOrder":237},{"sectionNumber":"sec.176","sectionType":"section","heading":"Interests of overlapping resource authority holder to be considered","content":"### sec.176 Interests of overlapping resource authority holder to be considered\n\nIf there is an overlapping resource authority for a geothermal lease, it may be amended under section 353 only if the interests of the overlapping resource authority holder have been considered.","sortOrder":238},{"sectionNumber":"ch.5-pt.7","sectionType":"part","heading":"Additional provisions for development plans if overlapping resource authority","content":"# Additional provisions for development plans if overlapping resource authority","sortOrder":239},{"sectionNumber":"sec.177","sectionType":"section","heading":"Operation of pt 7","content":"### sec.177 Operation of pt 7\n\nThis part imposes additional requirements for the following for a geothermal lease or proposed geothermal lease for which there is an overlapping resource authority—\na proposed initial development plan;\na proposed later development plan;\nan amendment the subject of a development plan amendment application.\n- (a) a proposed initial development plan;\n- (b) a proposed later development plan;\n- (c) an amendment the subject of a development plan amendment application.","sortOrder":240},{"sectionNumber":"sec.178","sectionType":"section","heading":"Statement about interests of overlapping resource authority holder","content":"### sec.178 Statement about interests of overlapping resource authority holder\n\nThe proposed development plan or amendment must include a statement of how the effects on and the interests of any overlapping resource authority holder have or have not been considered, having regard to the geothermal assessment criteria.","sortOrder":241},{"sectionNumber":"sec.179","sectionType":"section","heading":"Consistency with overlapping resource authority’s development plan and with any relevant coordination arrangement","content":"### sec.179 Consistency with overlapping resource authority’s development plan and with any relevant coordination arrangement\n\nTo the extent the area of the geothermal lease and the overlapping resource authority coincide or will coincide, the proposed development plan or amendment must be consistent with any geothermal coordination arrangement for that area.\nSubsection (3) applies if the overlapping resource authority is a mining lease or petroleum lease (the relevant lease ).\nThe proposed plan or amendment must, to the extent the area of the geothermal lease and the relevant lease coincide or will coincide, be consistent with the development plan for the overlapping resource authority.\n(sec.179-ssec.1) To the extent the area of the geothermal lease and the overlapping resource authority coincide or will coincide, the proposed development plan or amendment must be consistent with any geothermal coordination arrangement for that area.\n(sec.179-ssec.2) Subsection (3) applies if the overlapping resource authority is a mining lease or petroleum lease (the relevant lease ).\n(sec.179-ssec.3) The proposed plan or amendment must, to the extent the area of the geothermal lease and the relevant lease coincide or will coincide, be consistent with the development plan for the overlapping resource authority.","sortOrder":242},{"sectionNumber":"sec.180","sectionType":"section","heading":"Additional criteria for approval","content":"### sec.180 Additional criteria for approval\n\nIn deciding whether to approve the proposed development plan or amendment, the Minister must consider the geothermal assessment criteria.","sortOrder":243},{"sectionNumber":"ch.5-pt.8","sectionType":"part","heading":"Additional provisions for safety management plans","content":"# Additional provisions for safety management plans","sortOrder":244},{"sectionNumber":"sec.181","sectionType":"section","heading":"Grant of geothermal lease does not affect obligation to make plan","content":"### sec.181 Grant of geothermal lease does not affect obligation to make plan\n\nThis section applies if a geothermal statement accompanies a geothermal lease application as required under this chapter.\nThe deciding of the application or the grant of the geothermal lease—\ndoes not affect the obligation under the P&G Act safety provisions to make a safety management plan for any operating plant in the geothermal lease’s area; and\nis not of itself evidence that a safety management plan, or purported safety management plan, for an operating plant in the geothermal lease’s area complies with those provisions.\n(sec.181-ssec.1) This section applies if a geothermal statement accompanies a geothermal lease application as required under this chapter.\n(sec.181-ssec.2) The deciding of the application or the grant of the geothermal lease— does not affect the obligation under the P&G Act safety provisions to make a safety management plan for any operating plant in the geothermal lease’s area; and is not of itself evidence that a safety management plan, or purported safety management plan, for an operating plant in the geothermal lease’s area complies with those provisions.\n- (a) does not affect the obligation under the P&G Act safety provisions to make a safety management plan for any operating plant in the geothermal lease’s area; and\n- (b) is not of itself evidence that a safety management plan, or purported safety management plan, for an operating plant in the geothermal lease’s area complies with those provisions.","sortOrder":245},{"sectionNumber":"sec.182","sectionType":"section","heading":"Requirements for consultation with particular overlapping resource authority holders","content":"### sec.182 Requirements for consultation with particular overlapping resource authority holders\n\nThis section applies if—\na person (an operator ) proposes to be an operator of operating plant under the P&G Act in a geothermal tenure’s area; and\nthe operating plant is used, or is proposed to be used, for geothermal activities ( relevant operating plant ); and\nactivities ( relevant activities ) carried out, or proposed to be carried out, at the plant may adversely affect the safe and efficient use of resources under an overlapping resource authority for the geothermal tenure.\nBefore any operator may operate relevant operating plant, each operator must have made reasonable attempts to consult with the overlapping resource authority holder about relevant activities for the plant.\nIf there is more than 1 operator, the geothermal tenure holder may coordinate the consultation between the operators and the overlapping resource authority holder.\nFor subsection (2) , an operator is taken to have made reasonable attempts to consult if—\nthe operator gives the overlapping resource authority holder a copy of the parts of the operator’s proposed safety management plan concerning any relevant operating plant the operator proposes to operate for the relevant activities; and\nthe overlapping resource authority holder has not, within 30 days after the giving of the copy, made any proposal to the operator about provisions for the plan.\nAn operator must, before making or remaking a safety management plan for any relevant operating plant the operator operates or proposes to operate, have regard to any reasonable provisions for the plan proposed by the overlapping resource authority holder concerning relevant activities for the plant.\nHowever, the obligation under subsection (5) applies only to the extent the provisions are commercially and technically feasible for the operator or any relevant geothermal tenure holder.\nIf an operator makes a safety management plan for relevant operating plant and the plan includes provisions proposed by the overlapping resource authority holder, the operator must—\ngive the overlapping resource authority holder a copy of the plan; and\ngive the chief inspector under the P&G Act a notice stating any provisions proposed under subsection (5) and whether they were included in the plan.\nIn this section—\nremaking , a safety management plan, includes an amendment or remaking of the plan of a type required under the P&G Act , section 678 .\n(sec.182-ssec.1) This section applies if— a person (an operator ) proposes to be an operator of operating plant under the P&G Act in a geothermal tenure’s area; and the operating plant is used, or is proposed to be used, for geothermal activities ( relevant operating plant ); and activities ( relevant activities ) carried out, or proposed to be carried out, at the plant may adversely affect the safe and efficient use of resources under an overlapping resource authority for the geothermal tenure.\n(sec.182-ssec.2) Before any operator may operate relevant operating plant, each operator must have made reasonable attempts to consult with the overlapping resource authority holder about relevant activities for the plant.\n(sec.182-ssec.3) If there is more than 1 operator, the geothermal tenure holder may coordinate the consultation between the operators and the overlapping resource authority holder.\n(sec.182-ssec.4) For subsection (2) , an operator is taken to have made reasonable attempts to consult if— the operator gives the overlapping resource authority holder a copy of the parts of the operator’s proposed safety management plan concerning any relevant operating plant the operator proposes to operate for the relevant activities; and the overlapping resource authority holder has not, within 30 days after the giving of the copy, made any proposal to the operator about provisions for the plan.\n(sec.182-ssec.5) An operator must, before making or remaking a safety management plan for any relevant operating plant the operator operates or proposes to operate, have regard to any reasonable provisions for the plan proposed by the overlapping resource authority holder concerning relevant activities for the plant.\n(sec.182-ssec.6) However, the obligation under subsection (5) applies only to the extent the provisions are commercially and technically feasible for the operator or any relevant geothermal tenure holder.\n(sec.182-ssec.7) If an operator makes a safety management plan for relevant operating plant and the plan includes provisions proposed by the overlapping resource authority holder, the operator must— give the overlapping resource authority holder a copy of the plan; and give the chief inspector under the P&G Act a notice stating any provisions proposed under subsection (5) and whether they were included in the plan.\n(sec.182-ssec.8) In this section— remaking , a safety management plan, includes an amendment or remaking of the plan of a type required under the P&G Act , section 678 .\n- (a) a person (an operator ) proposes to be an operator of operating plant under the P&G Act in a geothermal tenure’s area; and\n- (b) the operating plant is used, or is proposed to be used, for geothermal activities ( relevant operating plant ); and\n- (c) activities ( relevant activities ) carried out, or proposed to be carried out, at the plant may adversely affect the safe and efficient use of resources under an overlapping resource authority for the geothermal tenure.\n- (a) the operator gives the overlapping resource authority holder a copy of the parts of the operator’s proposed safety management plan concerning any relevant operating plant the operator proposes to operate for the relevant activities; and\n- (b) the overlapping resource authority holder has not, within 30 days after the giving of the copy, made any proposal to the operator about provisions for the plan.\n- (a) give the overlapping resource authority holder a copy of the plan; and\n- (b) give the chief inspector under the P&G Act a notice stating any provisions proposed under subsection (5) and whether they were included in the plan.","sortOrder":246},{"sectionNumber":"sec.183","sectionType":"section","heading":"Application of P&G Act provisions for resolving disputes about reasonableness of proposed provision","content":"### sec.183 Application of P&G Act provisions for resolving disputes about reasonableness of proposed provision\n\nThis section applies if a dispute exists between an operator under section 182 and an overlapping resource authority holder about the reasonableness of a provision proposed by the overlapping resource authority holder for the operator’s proposed safety management plan.\nThe P&G Act , section 387 , chapter 12 and schedule 1 apply for the dispute as if it were a dispute to which section 387 of that Act applies.\nP&G Act , section 387 (Resolving disputes about provision proposed by coal or oil shale exploration tenement holder), chapter 12 and schedule 1 (Reviews and appeals)\n(sec.183-ssec.1) This section applies if a dispute exists between an operator under section 182 and an overlapping resource authority holder about the reasonableness of a provision proposed by the overlapping resource authority holder for the operator’s proposed safety management plan.\n(sec.183-ssec.2) The P&G Act , section 387 , chapter 12 and schedule 1 apply for the dispute as if it were a dispute to which section 387 of that Act applies. P&G Act , section 387 (Resolving disputes about provision proposed by coal or oil shale exploration tenement holder), chapter 12 and schedule 1 (Reviews and appeals)","sortOrder":247},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Area provisions","content":"# Area provisions","sortOrder":248},{"sectionNumber":"sec.184","sectionType":"section","heading":"Area of geothermal tenure","content":"### sec.184 Area of geothermal tenure\n\nThis section provides for the area of a geothermal tenure.\nSubject to section 187 , the area does not include excluded land for the geothermal tenure.\nSee also section 350B (3) if land in the geothermal tenure’s area is taken under a resumption law.\nThe area can not include—\nland in another geothermal tenure’s area, unless—\nthe geothermal tenure is a geothermal lease; and\nunder section 189 , the land will cease to be included in the geothermal permit’s area on the grant of the lease; or\nexcluded land for a geothermal tenure.\nUnless the Minister otherwise decides, the area must form a single contiguous parcel of land.\nThe area may include a part of a block only if the part consists of all areas within the block that are left after taking away all excluded land within the block (a residual block ).\nSee also section 350B (3) if land in the geothermal tenure’s area is taken under a resumption law.\nThe area must be no more than the following number of blocks or residual blocks, in any combination, unless the Minister considers there are exceptional circumstances—\nfor geothermal permit—50;\nfor a geothermal lease—25.\ns 184 amd 2012 No. 20 s 16\n(sec.184-ssec.1) This section provides for the area of a geothermal tenure.\n(sec.184-ssec.2) Subject to section 187 , the area does not include excluded land for the geothermal tenure. See also section 350B (3) if land in the geothermal tenure’s area is taken under a resumption law.\n(sec.184-ssec.3) The area can not include— land in another geothermal tenure’s area, unless— the geothermal tenure is a geothermal lease; and under section 189 , the land will cease to be included in the geothermal permit’s area on the grant of the lease; or excluded land for a geothermal tenure.\n(sec.184-ssec.4) Unless the Minister otherwise decides, the area must form a single contiguous parcel of land.\n(sec.184-ssec.5) The area may include a part of a block only if the part consists of all areas within the block that are left after taking away all excluded land within the block (a residual block ). See also section 350B (3) if land in the geothermal tenure’s area is taken under a resumption law.\n(sec.184-ssec.6) The area must be no more than the following number of blocks or residual blocks, in any combination, unless the Minister considers there are exceptional circumstances— for geothermal permit—50; for a geothermal lease—25.\n- (a) land in another geothermal tenure’s area, unless— (i) the geothermal tenure is a geothermal lease; and (ii) under section 189 , the land will cease to be included in the geothermal permit’s area on the grant of the lease; or\n- (i) the geothermal tenure is a geothermal lease; and\n- (ii) under section 189 , the land will cease to be included in the geothermal permit’s area on the grant of the lease; or\n- (b) excluded land for a geothermal tenure.\n- (i) the geothermal tenure is a geothermal lease; and\n- (ii) under section 189 , the land will cease to be included in the geothermal permit’s area on the grant of the lease; or\n- (a) for geothermal permit—50;\n- (b) for a geothermal lease—25.","sortOrder":249},{"sectionNumber":"sec.185","sectionType":"section","heading":"References to blocks of geothermal tenure","content":"### sec.185 References to blocks of geothermal tenure\n\nThis section applies if a geothermal tenure states its area includes land within a block without including or excluding any particular sub-block.\nThe reference to the block is a reference to all sub-blocks within the block to the extent they do not consist of excluded land or land in a restricted area.\nSee also section 350B (3) if land in the geothermal tenure’s area is taken under a resumption law.\nTo remove any doubt, it is declared that if land within any of the sub-blocks ceases to be excluded land or land in a restricted area, the cessation itself does not cause the land to be within the geothermal tenure’s area.\ns 185 amd 2012 No. 20 s 17\n(sec.185-ssec.1) This section applies if a geothermal tenure states its area includes land within a block without including or excluding any particular sub-block.\n(sec.185-ssec.2) The reference to the block is a reference to all sub-blocks within the block to the extent they do not consist of excluded land or land in a restricted area. See also section 350B (3) if land in the geothermal tenure’s area is taken under a resumption law.\n(sec.185-ssec.3) To remove any doubt, it is declared that if land within any of the sub-blocks ceases to be excluded land or land in a restricted area, the cessation itself does not cause the land to be within the geothermal tenure’s area.","sortOrder":250},{"sectionNumber":"sec.186","sectionType":"section","heading":"Minister’s power to decide excluded land","content":"### sec.186 Minister’s power to decide excluded land\n\nThe Minister may decide excluded land for a geothermal tenure or proposed geothermal tenure.\nHowever, the power under subsection (1) may be exercised only when the Minister is deciding whether to—\ngrant or renew the geothermal tenure; or\napprove any later work program or development plan for the geothermal tenure.\nAlso, excluded land must be within any block that the geothermal tenure states is included in its area.\nExcluded land may be described in a way the Minister considers appropriate, including, for example, by area or by reference to a stated type of land.\nLand ceases to be excluded land for a geothermal tenure if—\nthe block in which the land is located is relinquished or for any other reason ceases to be in the geothermal tenure’s area; or\nthe geothermal tenure is a geothermal permit and—\na geothermal lease is granted over any of the geothermal permit’s area; and\nthe land is excluded land for the geothermal lease.\n(sec.186-ssec.1) The Minister may decide excluded land for a geothermal tenure or proposed geothermal tenure.\n(sec.186-ssec.2) However, the power under subsection (1) may be exercised only when the Minister is deciding whether to— grant or renew the geothermal tenure; or approve any later work program or development plan for the geothermal tenure.\n(sec.186-ssec.3) Also, excluded land must be within any block that the geothermal tenure states is included in its area.\n(sec.186-ssec.4) Excluded land may be described in a way the Minister considers appropriate, including, for example, by area or by reference to a stated type of land.\n(sec.186-ssec.5) Land ceases to be excluded land for a geothermal tenure if— the block in which the land is located is relinquished or for any other reason ceases to be in the geothermal tenure’s area; or the geothermal tenure is a geothermal permit and— a geothermal lease is granted over any of the geothermal permit’s area; and the land is excluded land for the geothermal lease.\n- (a) grant or renew the geothermal tenure; or\n- (b) approve any later work program or development plan for the geothermal tenure.\n- (a) the block in which the land is located is relinquished or for any other reason ceases to be in the geothermal tenure’s area; or\n- (b) the geothermal tenure is a geothermal permit and— (i) a geothermal lease is granted over any of the geothermal permit’s area; and (ii) the land is excluded land for the geothermal lease.\n- (i) a geothermal lease is granted over any of the geothermal permit’s area; and\n- (ii) the land is excluded land for the geothermal lease.\n- (i) a geothermal lease is granted over any of the geothermal permit’s area; and\n- (ii) the land is excluded land for the geothermal lease.","sortOrder":251},{"sectionNumber":"sec.187","sectionType":"section","heading":"Minister may add excluded land","content":"### sec.187 Minister may add excluded land\n\nThe Minister may amend a geothermal tenure by adding excluded land for the tenure to its area.\nHowever, the excluded land may be added only if the relevant environmental authority applies to the excluded land.\nThe amendment may be made—\non the Minister’s initiative with the consent of the holder of the geothermal tenure; or\non the holder’s application.\nThe application must be—\nin the approved form; and\naccompanied by the fee prescribed under a regulation.\nThe Minister must consider the application and decide whether to add or refuse to add the excluded land.\nIf the decision on the application is not to add the land, the Minister must as soon as practicable give the applicant notice of the decision.\nThe amendment may be made subject to the holder applying to the Minister for approval of an amendment of the geothermal tenure’s work program or development plan to reflect the inclusion of the excluded land.\nIf the land is added to the geothermal tenure’s area it ceases to be excluded land for the tenure.\nThe Minister may amend the provisions of the geothermal tenure in a way that reflects the addition of the land and complies with—\nfor a geothermal permit— section 40 ; or\nfor a geothermal lease— section 82 .\n(sec.187-ssec.1) The Minister may amend a geothermal tenure by adding excluded land for the tenure to its area.\n(sec.187-ssec.2) However, the excluded land may be added only if the relevant environmental authority applies to the excluded land.\n(sec.187-ssec.3) The amendment may be made— on the Minister’s initiative with the consent of the holder of the geothermal tenure; or on the holder’s application.\n(sec.187-ssec.4) The application must be— in the approved form; and accompanied by the fee prescribed under a regulation.\n(sec.187-ssec.5) The Minister must consider the application and decide whether to add or refuse to add the excluded land.\n(sec.187-ssec.6) If the decision on the application is not to add the land, the Minister must as soon as practicable give the applicant notice of the decision.\n(sec.187-ssec.7) The amendment may be made subject to the holder applying to the Minister for approval of an amendment of the geothermal tenure’s work program or development plan to reflect the inclusion of the excluded land.\n(sec.187-ssec.8) If the land is added to the geothermal tenure’s area it ceases to be excluded land for the tenure.\n(sec.187-ssec.9) The Minister may amend the provisions of the geothermal tenure in a way that reflects the addition of the land and complies with— for a geothermal permit— section 40 ; or for a geothermal lease— section 82 .\n- (a) on the Minister’s initiative with the consent of the holder of the geothermal tenure; or\n- (b) on the holder’s application.\n- (a) in the approved form; and\n- (b) accompanied by the fee prescribed under a regulation.\n- (a) for a geothermal permit— section 40 ; or\n- (b) for a geothermal lease— section 82 .","sortOrder":252},{"sectionNumber":"sec.188","sectionType":"section","heading":"Ending of geothermal permit if all of its area relinquished","content":"### sec.188 Ending of geothermal permit if all of its area relinquished\n\nIf all of the area of a geothermal permit is relinquished, the permit ends.","sortOrder":253},{"sectionNumber":"sec.189","sectionType":"section","heading":"Area of geothermal permit reduced on grant of geothermal lease","content":"### sec.189 Area of geothermal permit reduced on grant of geothermal lease\n\nLand ceases to be in a geothermal permit’s area if a geothermal lease is granted to the geothermal permit holder over the land.\nIf a geothermal lease is granted to the geothermal permit holder over all of the area of a geothermal permit, the permit ends.\n(sec.189-ssec.1) Land ceases to be in a geothermal permit’s area if a geothermal lease is granted to the geothermal permit holder over the land.\n(sec.189-ssec.2) If a geothermal lease is granted to the geothermal permit holder over all of the area of a geothermal permit, the permit ends.","sortOrder":254},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Reporting and information provisions","content":"# Reporting and information provisions","sortOrder":255},{"sectionNumber":"ch.6-pt.2-div.1","sectionType":"division","heading":"General reporting provisions","content":"## General reporting provisions","sortOrder":256},{"sectionNumber":"sec.190","sectionType":"section","heading":"Relinquishment report for partial relinquishment","content":"### sec.190 Relinquishment report for partial relinquishment\n\nThis section applies if part of the area of a geothermal tenure is relinquished as required or authorised under this Act and the tenure continues to exist.\nThe holder of the geothermal tenure must, within 6 months after the relinquishment, give the chief executive a report—\ndescribing—\nthe authorised activities for the geothermal tenure carried out in the part; and\nthe results of the activities; and\nincluding other information prescribed under a regulation.\nMaximum penalty—200 penalty units.\nThe report must—\nbe—\ngiven electronically using the system for submission of reports made or approved by the chief executive; and\nin the digital format made or approved by the chief executive; or\nif a way of giving the report is prescribed under a regulation—be given in that way.\nThe chief executive must ensure the system and a document detailing the digital format made or approved by the chief executive are available for inspection on the department’s website.\nThe requirements under subsection (3) are the required way for giving reports to the chief executive.\ns 190 amd 2012 No. 20 s 131\n(sec.190-ssec.1) This section applies if part of the area of a geothermal tenure is relinquished as required or authorised under this Act and the tenure continues to exist.\n(sec.190-ssec.2) The holder of the geothermal tenure must, within 6 months after the relinquishment, give the chief executive a report— describing— the authorised activities for the geothermal tenure carried out in the part; and the results of the activities; and including other information prescribed under a regulation. Maximum penalty—200 penalty units.\n(sec.190-ssec.3) The report must— be— given electronically using the system for submission of reports made or approved by the chief executive; and in the digital format made or approved by the chief executive; or if a way of giving the report is prescribed under a regulation—be given in that way.\n(sec.190-ssec.4) The chief executive must ensure the system and a document detailing the digital format made or approved by the chief executive are available for inspection on the department’s website.\n(sec.190-ssec.5) The requirements under subsection (3) are the required way for giving reports to the chief executive.\n- (a) describing— (i) the authorised activities for the geothermal tenure carried out in the part; and (ii) the results of the activities; and\n- (i) the authorised activities for the geothermal tenure carried out in the part; and\n- (ii) the results of the activities; and\n- (b) including other information prescribed under a regulation.\n- (i) the authorised activities for the geothermal tenure carried out in the part; and\n- (ii) the results of the activities; and\n- (a) be— (i) given electronically using the system for submission of reports made or approved by the chief executive; and (ii) in the digital format made or approved by the chief executive; or\n- (i) given electronically using the system for submission of reports made or approved by the chief executive; and\n- (ii) in the digital format made or approved by the chief executive; or\n- (b) if a way of giving the report is prescribed under a regulation—be given in that way.\n- (i) given electronically using the system for submission of reports made or approved by the chief executive; and\n- (ii) in the digital format made or approved by the chief executive; or","sortOrder":257},{"sectionNumber":"sec.191","sectionType":"section","heading":"End of tenure report","content":"### sec.191 End of tenure report\n\nWithin 6 months after a geothermal tenure ends, the person who held the tenure immediately before it ended must give the chief executive a report in the required way that includes all of the following—\na summary of all authorised activities for the tenure carried out for the tenure since it took effect;\na summary of the results of the activities;\nan index of all reports given as required under this Act, for the activities;\na summary of all significant hazards created to future safe and efficient mining that, under the P&G Act safety provisions, are required to be reported by the person;\nfor each hazard mentioned in the summary under paragraph (d) —a reference to the report containing details of the hazard;\nany information required to be reported under this Act that has not been previously reported;\nother information prescribed under a regulation.\nMaximum penalty—150 penalty units.\ns 191 amd 2012 No. 20 s 125 sch 1\n- (a) a summary of all authorised activities for the tenure carried out for the tenure since it took effect;\n- (b) a summary of the results of the activities;\n- (c) an index of all reports given as required under this Act, for the activities;\n- (d) a summary of all significant hazards created to future safe and efficient mining that, under the P&G Act safety provisions, are required to be reported by the person;\n- (e) for each hazard mentioned in the summary under paragraph (d) —a reference to the report containing details of the hazard;\n- (f) any information required to be reported under this Act that has not been previously reported;\n- (g) other information prescribed under a regulation.","sortOrder":258},{"sectionNumber":"sec.192","sectionType":"section","heading":"Power to require information or reports about authorised activities to be kept or given","content":"### sec.192 Power to require information or reports about authorised activities to be kept or given\n\nA regulation or the chief executive may, for the services of the State, require a geothermal tenure holder to—\nkeep, in a stated way, stated information or types of information about authorised activities carried out under the geothermal tenure; or\nin a stated digital format\ngive the chief executive a notice in the approved form giving stated information or types of information or stated reports at stated times or intervals about authorised activities carried out under the geothermal tenure.\nfor a report about a geothermal well, 6 months after its completion\nFor subsection (1) , the information or report required to be given or kept may be—\nexploration data; or\nopinions, conclusions, technical consolidations and advanced interpretations based on exploration data; or\nother information or a report prescribed by regulation.\nA requirement under subsection (1) (b) may state—\na format required for giving the information or types of information; and\na degree of precision required for the giving of the information.\nA person of whom a requirement under subsection (1) has been made must comply with the requirement.\nMaximum penalty—100 penalty units.\nIn this section—\ninformation includes documents, records and samples.\ns 192 amd 2024 No. 33 s 33\n(sec.192-ssec.1) A regulation or the chief executive may, for the services of the State, require a geothermal tenure holder to— keep, in a stated way, stated information or types of information about authorised activities carried out under the geothermal tenure; or in a stated digital format give the chief executive a notice in the approved form giving stated information or types of information or stated reports at stated times or intervals about authorised activities carried out under the geothermal tenure. for a report about a geothermal well, 6 months after its completion\n(sec.192-ssec.2) For subsection (1) , the information or report required to be given or kept may be— exploration data; or opinions, conclusions, technical consolidations and advanced interpretations based on exploration data; or other information or a report prescribed by regulation.\n(sec.192-ssec.3) A requirement under subsection (1) (b) may state— a format required for giving the information or types of information; and a degree of precision required for the giving of the information.\n(sec.192-ssec.4) A person of whom a requirement under subsection (1) has been made must comply with the requirement. Maximum penalty—100 penalty units.\n(sec.192-ssec.5) In this section— information includes documents, records and samples.\n- (a) keep, in a stated way, stated information or types of information about authorised activities carried out under the geothermal tenure; or Example of a way of keeping information— in a stated digital format\n- (b) give the chief executive a notice in the approved form giving stated information or types of information or stated reports at stated times or intervals about authorised activities carried out under the geothermal tenure. Example of a stated time— for a report about a geothermal well, 6 months after its completion\n- (a) exploration data; or\n- (b) opinions, conclusions, technical consolidations and advanced interpretations based on exploration data; or\n- (c) other information or a report prescribed by regulation.\n- (a) a format required for giving the information or types of information; and\n- (b) a degree of precision required for the giving of the information.","sortOrder":259},{"sectionNumber":"ch.6-pt.2-div.2","sectionType":"division","heading":"Records and samples","content":"## Records and samples","sortOrder":260},{"sectionNumber":"sec.193","sectionType":"section","heading":"Requirement to keep records and samples","content":"### sec.193 Requirement to keep records and samples\n\nA geothermal tenure holder must, for the period and in the way prescribed under a regulation, keep the records and samples about authorised activities carried out under the tenure as prescribed under a regulation.\nMaximum penalty—500 penalty units.\nFor subsection (1) , the prescribed records may be—\nexploration data; or\nopinions, conclusions, technical consolidations and advanced interpretations based on exploration data.\n(sec.193-ssec.1) A geothermal tenure holder must, for the period and in the way prescribed under a regulation, keep the records and samples about authorised activities carried out under the tenure as prescribed under a regulation. Maximum penalty—500 penalty units.\n(sec.193-ssec.2) For subsection (1) , the prescribed records may be— exploration data; or opinions, conclusions, technical consolidations and advanced interpretations based on exploration data.\n- (a) exploration data; or\n- (b) opinions, conclusions, technical consolidations and advanced interpretations based on exploration data.","sortOrder":261},{"sectionNumber":"sec.194","sectionType":"section","heading":"Requirement to give records and samples","content":"### sec.194 Requirement to give records and samples\n\nA person who, under section 193 , is required to keep a record or sample must, for the services of the State, give a copy of the record and a part of the sample to the chief executive within 6 months after the earlier of the following (the required time )—\nthe day the record or sample was acquired or made;\nthe day the relevant geothermal tenure ends.\nMaximum penalty—500 penalty units.\nThe copy of the record must be given in the required way for giving reports to the chief executive.\nIf the chief executive gives the person a notice asking the person for more of the sample, the person must give it to the chief executive at the address stated in the notice within the reasonable period stated in the notice (also the required time ), unless the holder has a reasonable excuse.\nMaximum penalty—500 penalty units.\nThe chief executive may extend the required time by up to 1 year if—\nthe person asks for the extension before the required time ends; and\nthe chief executive is satisfied the extension is necessary.\nHowever, the extension must not end later than—\nfor subsection (1) —6 months after the required time ends; or\nfor subsection (3) —1 year after the required time ends.\nWithout limiting subsection (1) , the uses to which the State may put the copy of the record and the part of the sample may include the building of a publicly available database to facilitate geothermal exploration for the services of the State.\n(sec.194-ssec.1) A person who, under section 193 , is required to keep a record or sample must, for the services of the State, give a copy of the record and a part of the sample to the chief executive within 6 months after the earlier of the following (the required time )— the day the record or sample was acquired or made; the day the relevant geothermal tenure ends. Maximum penalty—500 penalty units.\n(sec.194-ssec.2) The copy of the record must be given in the required way for giving reports to the chief executive.\n(sec.194-ssec.3) If the chief executive gives the person a notice asking the person for more of the sample, the person must give it to the chief executive at the address stated in the notice within the reasonable period stated in the notice (also the required time ), unless the holder has a reasonable excuse. Maximum penalty—500 penalty units.\n(sec.194-ssec.4) The chief executive may extend the required time by up to 1 year if— the person asks for the extension before the required time ends; and the chief executive is satisfied the extension is necessary.\n(sec.194-ssec.5) However, the extension must not end later than— for subsection (1) —6 months after the required time ends; or for subsection (3) —1 year after the required time ends.\n(sec.194-ssec.6) Without limiting subsection (1) , the uses to which the State may put the copy of the record and the part of the sample may include the building of a publicly available database to facilitate geothermal exploration for the services of the State.\n- (a) the day the record or sample was acquired or made;\n- (b) the day the relevant geothermal tenure ends.\n- (a) the person asks for the extension before the required time ends; and\n- (b) the chief executive is satisfied the extension is necessary.\n- (a) for subsection (1) —6 months after the required time ends; or\n- (b) for subsection (3) —1 year after the required time ends.","sortOrder":262},{"sectionNumber":"ch.6-pt.2-div.3","sectionType":"division","heading":"Releasing required information","content":"## Releasing required information","sortOrder":263},{"sectionNumber":"sec.195","sectionType":"section","heading":"Meaning of required information","content":"### sec.195 Meaning of required information\n\nThe required information , for a geothermal tenure, is any form of information given under this Act by the tenure holder about authorised activities carried out under the tenure, including, for example—\na sample; and\ndata and other things mentioned in section 192 (2) .\ns 195 amd 2024 No. 33 s 183 s ch 1 pt 2\n- (a) a sample; and\n- (b) data and other things mentioned in section 192 (2) .","sortOrder":264},{"sectionNumber":"sec.196","sectionType":"section","heading":"Public release of required information","content":"### sec.196 Public release of required information\n\nThe mere fact of the existence of a geothermal tenure is taken to be an authorisation from the holder of the tenure to the chief executive to do the following in relation to required information for the tenure—\nto publish, in the way prescribed by regulation, the information for public use;\nto make the information available to a person on payment of the fee prescribed by regulation.\nSubsections (3) to (6) apply if a confidentiality period is prescribed by regulation for the required information.\nSubsection (1) does not apply in relation to the required information until the confidentiality period ends.\nSubsection (5) applies if—\nthe required information is about an authorised activity carried out only in an area that stops being in the area of the geothermal tenure; and\nimmediately before the area stops being in the area of the geothermal tenure, the confidentiality period has not ended.\nThe confidentiality period ends when the area stops being in the area of the geothermal tenure.\nThe required information is a well completion report about a geothermal well drilled on particular land in the area of a geothermal permit. The land is relinquished under the relinquishment condition for the permit. A confidentiality period for the required information ends when the land is relinquished.\nHowever, subsection (5) does not apply if—\nthe geothermal tenure is a geothermal permit; and\nafter the commencement of this subsection, the area stops being in the geothermal permit’s area under section 189 (1) or (2) .\nAn authorisation under subsection (1) is not affected by the ending of the geothermal tenure.\ns 196 sub 2024 No. 33 s 34\n(sec.196-ssec.1) The mere fact of the existence of a geothermal tenure is taken to be an authorisation from the holder of the tenure to the chief executive to do the following in relation to required information for the tenure— to publish, in the way prescribed by regulation, the information for public use; to make the information available to a person on payment of the fee prescribed by regulation.\n(sec.196-ssec.2) Subsections (3) to (6) apply if a confidentiality period is prescribed by regulation for the required information.\n(sec.196-ssec.3) Subsection (1) does not apply in relation to the required information until the confidentiality period ends.\n(sec.196-ssec.4) Subsection (5) applies if— the required information is about an authorised activity carried out only in an area that stops being in the area of the geothermal tenure; and immediately before the area stops being in the area of the geothermal tenure, the confidentiality period has not ended.\n(sec.196-ssec.5) The confidentiality period ends when the area stops being in the area of the geothermal tenure. The required information is a well completion report about a geothermal well drilled on particular land in the area of a geothermal permit. The land is relinquished under the relinquishment condition for the permit. A confidentiality period for the required information ends when the land is relinquished.\n(sec.196-ssec.6) However, subsection (5) does not apply if— the geothermal tenure is a geothermal permit; and after the commencement of this subsection, the area stops being in the geothermal permit’s area under section 189 (1) or (2) .\n(sec.196-ssec.7) An authorisation under subsection (1) is not affected by the ending of the geothermal tenure.\n- (a) to publish, in the way prescribed by regulation, the information for public use;\n- (b) to make the information available to a person on payment of the fee prescribed by regulation.\n- (a) the required information is about an authorised activity carried out only in an area that stops being in the area of the geothermal tenure; and\n- (b) immediately before the area stops being in the area of the geothermal tenure, the confidentiality period has not ended.\n- (a) the geothermal tenure is a geothermal permit; and\n- (b) after the commencement of this subsection, the area stops being in the geothermal permit’s area under section 189 (1) or (2) .","sortOrder":265},{"sectionNumber":"sec.197","sectionType":"section","heading":"Chief executive may use required information","content":"### sec.197 Chief executive may use required information\n\nThe mere fact of the existence of a geothermal tenure is taken to be an authorisation from its holder to the chief executive to use required information for—\npurposes reasonably related to this Act that are required for the geothermal tenure; or\nthe services of the State.\nThe authorisation is not affected by the ending of the geothermal tenure.\n(sec.197-ssec.1) The mere fact of the existence of a geothermal tenure is taken to be an authorisation from its holder to the chief executive to use required information for— purposes reasonably related to this Act that are required for the geothermal tenure; or the services of the State.\n(sec.197-ssec.2) The authorisation is not affected by the ending of the geothermal tenure.\n- (a) purposes reasonably related to this Act that are required for the geothermal tenure; or\n- (b) the services of the State.","sortOrder":266},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"General provisions for geothermal wells","content":"# General provisions for geothermal wells","sortOrder":267},{"sectionNumber":"ch.6-pt.3-div.1","sectionType":"division","heading":"Responsibility for geothermal wells","content":"## Responsibility for geothermal wells","sortOrder":268},{"sectionNumber":"sec.198","sectionType":"section","heading":"Requirements for drilling geothermal well","content":"### sec.198 Requirements for drilling geothermal well\n\nA person drilling a geothermal well must comply with—\nany requirements prescribed under a regulation for the drilling of the geothermal well; and\nany relevant requirements about construction and drilling standards for water well drilling activities under the Water Act .\nMaximum penalty—500 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 333A , to have also committed the offence.\ns 198 amd 2013 No. 51 s 229 sch 1\n- (a) any requirements prescribed under a regulation for the drilling of the geothermal well; and\n- (b) any relevant requirements about construction and drilling standards for water well drilling activities under the Water Act .","sortOrder":269},{"sectionNumber":"ch.6-pt.3-div.2","sectionType":"division","heading":"Decommissioning of geothermal wells","content":"## Decommissioning of geothermal wells","sortOrder":270},{"sectionNumber":"sec.199","sectionType":"section","heading":"Application of div 2","content":"### sec.199 Application of div 2\n\nThis division applies to a geothermal well drilled by or for a geothermal tenure holder.","sortOrder":271},{"sectionNumber":"sec.200","sectionType":"section","heading":"Obligation to decommission","content":"### sec.200 Obligation to decommission\n\nThe geothermal tenure holder must ensure the geothermal well is decommissioned from use under this Act before the tenure ends or the land on which the well is located ceases to be in the tenure’s area.\nMaximum penalty—500 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 333A , to have also committed the offence.\nHowever, subsection (1) does not apply for land that, under section 189 (1) , ceases to be in a geothermal permit’s area.\nFor subsection (1) , the geothermal well is decommissioned from use under this Act only if—\nit has been plugged and abandoned in the way prescribed under a regulation; and\nany relevant requirements under the Water Act for the decommissioning of water wells used for the geothermal well have been complied with; and\nthe geothermal tenure holder has given the Minister of the department in which the Water Act is administered a notice in the approved form about the decommissioning.\ns 200 amd 2013 No. 51 s 229 sch 1\n(sec.200-ssec.1) The geothermal tenure holder must ensure the geothermal well is decommissioned from use under this Act before the tenure ends or the land on which the well is located ceases to be in the tenure’s area. Maximum penalty—500 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 333A , to have also committed the offence.\n(sec.200-ssec.2) However, subsection (1) does not apply for land that, under section 189 (1) , ceases to be in a geothermal permit’s area.\n(sec.200-ssec.3) For subsection (1) , the geothermal well is decommissioned from use under this Act only if— it has been plugged and abandoned in the way prescribed under a regulation; and any relevant requirements under the Water Act for the decommissioning of water wells used for the geothermal well have been complied with; and the geothermal tenure holder has given the Minister of the department in which the Water Act is administered a notice in the approved form about the decommissioning.\n- (a) it has been plugged and abandoned in the way prescribed under a regulation; and\n- (b) any relevant requirements under the Water Act for the decommissioning of water wells used for the geothermal well have been complied with; and\n- (c) the geothermal tenure holder has given the Minister of the department in which the Water Act is administered a notice in the approved form about the decommissioning.","sortOrder":272},{"sectionNumber":"sec.201","sectionType":"section","heading":"Right of entry to facilitate decommissioning","content":"### sec.201 Right of entry to facilitate decommissioning\n\nThis section applies if—\nthe geothermal tenure has ended or the land on which the geothermal well is located is no longer in the tenure’s area; and\nthe geothermal tenure holder or former holder has not carried out decommissioning as required under section 200 .\nThe holder or former holder may enter the following land to carry out the decommissioning—\nland (the primary land ) on which the decommissioning must be or was required to be carried out;\nany other land (the access land ) it is reasonably necessary to cross for access to the primary land.\nSection 233 and the Common Provisions Act , chapter 3 , parts 2 , 3 and 7 apply to the holder or former holder in the following way—\nif the geothermal tenure has ended, as if—\nit were still in force; and\nthe former holder were still its holder;\nas if the primary land and access land is in the geothermal tenure’s area;\nas if the decommissioning is an authorised activity for the geothermal tenure.\ns 201 amd 2018 No. 24 s 9\n(sec.201-ssec.1) This section applies if— the geothermal tenure has ended or the land on which the geothermal well is located is no longer in the tenure’s area; and the geothermal tenure holder or former holder has not carried out decommissioning as required under section 200 .\n(sec.201-ssec.2) The holder or former holder may enter the following land to carry out the decommissioning— land (the primary land ) on which the decommissioning must be or was required to be carried out; any other land (the access land ) it is reasonably necessary to cross for access to the primary land.\n(sec.201-ssec.3) Section 233 and the Common Provisions Act , chapter 3 , parts 2 , 3 and 7 apply to the holder or former holder in the following way— if the geothermal tenure has ended, as if— it were still in force; and the former holder were still its holder; as if the primary land and access land is in the geothermal tenure’s area; as if the decommissioning is an authorised activity for the geothermal tenure.\n- (a) the geothermal tenure has ended or the land on which the geothermal well is located is no longer in the tenure’s area; and\n- (b) the geothermal tenure holder or former holder has not carried out decommissioning as required under section 200 .\n- (a) land (the primary land ) on which the decommissioning must be or was required to be carried out;\n- (b) any other land (the access land ) it is reasonably necessary to cross for access to the primary land.\n- (a) if the geothermal tenure has ended, as if— (i) it were still in force; and (ii) the former holder were still its holder;\n- (i) it were still in force; and\n- (ii) the former holder were still its holder;\n- (b) as if the primary land and access land is in the geothermal tenure’s area;\n- (c) as if the decommissioning is an authorised activity for the geothermal tenure.\n- (i) it were still in force; and\n- (ii) the former holder were still its holder;","sortOrder":273},{"sectionNumber":"sec.202","sectionType":"section","heading":"Responsibility for geothermal well after decommissioning","content":"### sec.202 Responsibility for geothermal well after decommissioning\n\nThis section applies if the geothermal tenure holder has decommissioned a geothermal well under section 200 .\nFor ownership before decommissioning, see section 271 (Ownership of equipment and improvements).\nDespite the decommissioning, the holder continues to be responsible under this Act for the geothermal well until the earlier of the following times (the relevant time )—\nwhen the geothermal tenure ends;\nwhen the land on which the geothermal well is located ceases to be in the geothermal tenure’s area.\nThe geothermal well is taken to have been transferred to the State at the relevant time.\nHowever, the holder may still have obligations under the Environmental Protection Act , chapter 5 for the geothermal well.\nSubsection (3) applies despite—\nthe geothermal well being on or part of land owned by someone else; or\nthe sale or other disposal of the land.\ns 202 amd 2012 No. 16 s 78 sch\n(sec.202-ssec.1) This section applies if the geothermal tenure holder has decommissioned a geothermal well under section 200 . For ownership before decommissioning, see section 271 (Ownership of equipment and improvements).\n(sec.202-ssec.2) Despite the decommissioning, the holder continues to be responsible under this Act for the geothermal well until the earlier of the following times (the relevant time )— when the geothermal tenure ends; when the land on which the geothermal well is located ceases to be in the geothermal tenure’s area.\n(sec.202-ssec.3) The geothermal well is taken to have been transferred to the State at the relevant time. However, the holder may still have obligations under the Environmental Protection Act , chapter 5 for the geothermal well.\n(sec.202-ssec.4) Subsection (3) applies despite— the geothermal well being on or part of land owned by someone else; or the sale or other disposal of the land.\n- (a) when the geothermal tenure ends;\n- (b) when the land on which the geothermal well is located ceases to be in the geothermal tenure’s area.\n- (a) the geothermal well being on or part of land owned by someone else; or\n- (b) the sale or other disposal of the land.","sortOrder":274},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Security","content":"# Security","sortOrder":275},{"sectionNumber":"sec.203","sectionType":"section","heading":"Operation and purpose of pt 4","content":"### sec.203 Operation and purpose of pt 4\n\nThis part empowers the Minister to require, from time to time, a geothermal tenure holder or a person who has applied for a geothermal tenure to give the State security for the tenure or proposed tenure.\nThe security may be used to pay—\nany liability under this Act the State incurs because of an act or omission of the holder; and\nany unpaid annual rent payable by the holder to the State; and\nother unpaid amounts payable under this Act by the holder to the State, including, for example, any of the following—\nan unpaid civil penalty;\nunpaid interest on unpaid annual rent;\nany debt payable by the holder under section 352 ; and\nfor a geothermal tenure that is a geothermal lease—unpaid rates and charges, including unpaid interest on overdue rates and charges, payable to the local government in whose area the lease is situated; and\nany compensation the State must pay under section 309 because of the exercise or purported exercise of remedial powers for the geothermal tenure, whether or not the tenure has ended.\ns 203 amd 2024 No. 12 s 5\n(sec.203-ssec.1) This part empowers the Minister to require, from time to time, a geothermal tenure holder or a person who has applied for a geothermal tenure to give the State security for the tenure or proposed tenure.\n(sec.203-ssec.2) The security may be used to pay— any liability under this Act the State incurs because of an act or omission of the holder; and any unpaid annual rent payable by the holder to the State; and other unpaid amounts payable under this Act by the holder to the State, including, for example, any of the following— an unpaid civil penalty; unpaid interest on unpaid annual rent; any debt payable by the holder under section 352 ; and for a geothermal tenure that is a geothermal lease—unpaid rates and charges, including unpaid interest on overdue rates and charges, payable to the local government in whose area the lease is situated; and any compensation the State must pay under section 309 because of the exercise or purported exercise of remedial powers for the geothermal tenure, whether or not the tenure has ended.\n- (a) any liability under this Act the State incurs because of an act or omission of the holder; and\n- (b) any unpaid annual rent payable by the holder to the State; and\n- (c) other unpaid amounts payable under this Act by the holder to the State, including, for example, any of the following— (i) an unpaid civil penalty; (ii) unpaid interest on unpaid annual rent; (iii) any debt payable by the holder under section 352 ; and\n- (i) an unpaid civil penalty;\n- (ii) unpaid interest on unpaid annual rent;\n- (iii) any debt payable by the holder under section 352 ; and\n- (d) for a geothermal tenure that is a geothermal lease—unpaid rates and charges, including unpaid interest on overdue rates and charges, payable to the local government in whose area the lease is situated; and\n- (e) any compensation the State must pay under section 309 because of the exercise or purported exercise of remedial powers for the geothermal tenure, whether or not the tenure has ended.\n- (i) an unpaid civil penalty;\n- (ii) unpaid interest on unpaid annual rent;\n- (iii) any debt payable by the holder under section 352 ; and","sortOrder":276},{"sectionNumber":"sec.204","sectionType":"section","heading":"Power to require security for geothermal tenure","content":"### sec.204 Power to require security for geothermal tenure\n\nThe Minister may require a geothermal tenure holder or a person who has applied for a geothermal tenure to give the State security for the tenure, or proposed tenure.\nThe security must be—\nin the form prescribed under a regulation; and\nof at least the amount prescribed under a regulation.\nThe requirement may be made at any time.\nHowever, the requirement does not take effect until the holder or applicant is given—\nfor a requirement to give security in the form and amount prescribed under subsection (2) —notice of the requirement; or\notherwise—an information notice about the decision to make the requirement.\n(sec.204-ssec.1) The Minister may require a geothermal tenure holder or a person who has applied for a geothermal tenure to give the State security for the tenure, or proposed tenure.\n(sec.204-ssec.2) The security must be— in the form prescribed under a regulation; and of at least the amount prescribed under a regulation.\n(sec.204-ssec.3) The requirement may be made at any time.\n(sec.204-ssec.4) However, the requirement does not take effect until the holder or applicant is given— for a requirement to give security in the form and amount prescribed under subsection (2) —notice of the requirement; or otherwise—an information notice about the decision to make the requirement.\n- (a) in the form prescribed under a regulation; and\n- (b) of at least the amount prescribed under a regulation.\n- (a) for a requirement to give security in the form and amount prescribed under subsection (2) —notice of the requirement; or\n- (b) otherwise—an information notice about the decision to make the requirement.","sortOrder":277},{"sectionNumber":"sec.205","sectionType":"section","heading":"Minister’s power to require additional security","content":"### sec.205 Minister’s power to require additional security\n\nThe Minister may at any time require a geothermal tenure holder to increase the amount of security given for the tenure.\nHowever—\nif, because of an increase in the prescribed amount under section 204 (2) , the requirement is to increase the total security required to no more than the increased prescribed amount—the requirement must be made by notice to the holder; or\nif the requirement is to increase the total security required to more than the prescribed amount under section 204 (2) when the requirement is made—\nsubsections (3) to (5) must be complied with before making the requirement; and\nthe requirement does not take effect until the holder is given an information notice about the decision to make the requirement.\nThe Minister must give the holder notice—\nstating the proposed increased amount of the security for the geothermal tenure; and\ninviting the holder to make submissions about the proposed increased amount to the Minister within a stated reasonable period.\nThe stated period must end at least 20 business days after the holder is given the notice.\nThe Minister must consider any submissions made by the holder within the stated period.\nIn this section—\nsecurity given includes security given or increased because of a requirement under subsection (1) .\ns 205 amd 2012 No. 20 s 125 sch 1\n(sec.205-ssec.1) The Minister may at any time require a geothermal tenure holder to increase the amount of security given for the tenure.\n(sec.205-ssec.2) However— if, because of an increase in the prescribed amount under section 204 (2) , the requirement is to increase the total security required to no more than the increased prescribed amount—the requirement must be made by notice to the holder; or if the requirement is to increase the total security required to more than the prescribed amount under section 204 (2) when the requirement is made— subsections (3) to (5) must be complied with before making the requirement; and the requirement does not take effect until the holder is given an information notice about the decision to make the requirement.\n(sec.205-ssec.3) The Minister must give the holder notice— stating the proposed increased amount of the security for the geothermal tenure; and inviting the holder to make submissions about the proposed increased amount to the Minister within a stated reasonable period.\n(sec.205-ssec.4) The stated period must end at least 20 business days after the holder is given the notice.\n(sec.205-ssec.5) The Minister must consider any submissions made by the holder within the stated period.\n(sec.205-ssec.6) In this section— security given includes security given or increased because of a requirement under subsection (1) .\n- (a) if, because of an increase in the prescribed amount under section 204 (2) , the requirement is to increase the total security required to no more than the increased prescribed amount—the requirement must be made by notice to the holder; or\n- (b) if the requirement is to increase the total security required to more than the prescribed amount under section 204 (2) when the requirement is made— (i) subsections (3) to (5) must be complied with before making the requirement; and (ii) the requirement does not take effect until the holder is given an information notice about the decision to make the requirement.\n- (i) subsections (3) to (5) must be complied with before making the requirement; and\n- (ii) the requirement does not take effect until the holder is given an information notice about the decision to make the requirement.\n- (i) subsections (3) to (5) must be complied with before making the requirement; and\n- (ii) the requirement does not take effect until the holder is given an information notice about the decision to make the requirement.\n- (a) stating the proposed increased amount of the security for the geothermal tenure; and\n- (b) inviting the holder to make submissions about the proposed increased amount to the Minister within a stated reasonable period.","sortOrder":278},{"sectionNumber":"sec.206","sectionType":"section","heading":"Interest on security","content":"### sec.206 Interest on security\n\nThe State may keep any interest accruing on security given under this part for a geothermal tenure.","sortOrder":279},{"sectionNumber":"sec.207","sectionType":"section","heading":"Power to use security","content":"### sec.207 Power to use security\n\nThe State may use security given under this part for a geothermal tenure and any interest accruing on the security to make a payment mentioned in section 203 (2) concerning the tenure.","sortOrder":280},{"sectionNumber":"sec.208","sectionType":"section","heading":"Replenishment of security","content":"### sec.208 Replenishment of security\n\nThis section applies if—\nunder section 207 , all or part of the security for a geothermal tenure has been used; and\nthe geothermal tenure is still in force.\nThe Minister must give the geothermal tenure holder a notice—\nstating how much of the security has been used; and\ndirecting the holder to replenish the security for the geothermal tenure, within 30 days after the giving of the notice, up to the higher of the following—\nthe amount prescribed under a regulation;\nif the notice states that, under section 204 , another amount is required—the other amount.\n(sec.208-ssec.1) This section applies if— under section 207 , all or part of the security for a geothermal tenure has been used; and the geothermal tenure is still in force.\n(sec.208-ssec.2) The Minister must give the geothermal tenure holder a notice— stating how much of the security has been used; and directing the holder to replenish the security for the geothermal tenure, within 30 days after the giving of the notice, up to the higher of the following— the amount prescribed under a regulation; if the notice states that, under section 204 , another amount is required—the other amount.\n- (a) under section 207 , all or part of the security for a geothermal tenure has been used; and\n- (b) the geothermal tenure is still in force.\n- (a) stating how much of the security has been used; and\n- (b) directing the holder to replenish the security for the geothermal tenure, within 30 days after the giving of the notice, up to the higher of the following— (i) the amount prescribed under a regulation; (ii) if the notice states that, under section 204 , another amount is required—the other amount.\n- (i) the amount prescribed under a regulation;\n- (ii) if the notice states that, under section 204 , another amount is required—the other amount.\n- (i) the amount prescribed under a regulation;\n- (ii) if the notice states that, under section 204 , another amount is required—the other amount.","sortOrder":281},{"sectionNumber":"sec.209","sectionType":"section","heading":"Security not affected by change in tenure holder","content":"### sec.209 Security not affected by change in tenure holder\n\nThis section applies if security for a geothermal tenure has been given under this part for the tenure and its holder changes.\nDespite the change, the security and any interest accruing on it continues in force for the benefit of the State and may be used under section 207 .\nIf the security is in the form of money, until the security is replaced or refunded it continues in force for the holder from time to time of the geothermal tenure.\n(sec.209-ssec.1) This section applies if security for a geothermal tenure has been given under this part for the tenure and its holder changes.\n(sec.209-ssec.2) Despite the change, the security and any interest accruing on it continues in force for the benefit of the State and may be used under section 207 .\n(sec.209-ssec.3) If the security is in the form of money, until the security is replaced or refunded it continues in force for the holder from time to time of the geothermal tenure.","sortOrder":282},{"sectionNumber":"sec.210","sectionType":"section","heading":"Retention of security after geothermal tenure ends","content":"### sec.210 Retention of security after geothermal tenure ends\n\nSecurity or part of security given for a geothermal tenure may be kept by the State for 1 year after the tenure has ended.\nAlso, if a claim made for the use of the security has not been assessed, an appropriate amount of the security to meet the claim may be kept by the State until the claim has been assessed.\n(sec.210-ssec.1) Security or part of security given for a geothermal tenure may be kept by the State for 1 year after the tenure has ended.\n(sec.210-ssec.2) Also, if a claim made for the use of the security has not been assessed, an appropriate amount of the security to meet the claim may be kept by the State until the claim has been assessed.","sortOrder":283},{"sectionNumber":"ch.6-pt.5","sectionType":"part","heading":"Direction by Minister","content":"# Direction by Minister","sortOrder":284},{"sectionNumber":"sec.211","sectionType":"section","heading":null,"content":"### Section sec.211\n\ns 211 om 2014 No. 47 s 298","sortOrder":285},{"sectionNumber":"sec.212","sectionType":"section","heading":null,"content":"### Section sec.212\n\ns 212 amd 2012 No. 16 s 78 sch\nom 2014 No. 47 s 298","sortOrder":286},{"sectionNumber":"sec.213","sectionType":"section","heading":null,"content":"### Section sec.213\n\ns 213 om 2014 No. 47 s 298","sortOrder":287},{"sectionNumber":"sec.214","sectionType":"section","heading":null,"content":"### Section sec.214\n\ns 214 om 2014 No. 47 s 298","sortOrder":288},{"sectionNumber":"sec.215","sectionType":"section","heading":null,"content":"### Section sec.215\n\ns 215 om 2014 No. 47 s 298","sortOrder":289},{"sectionNumber":"sec.216","sectionType":"section","heading":null,"content":"### Section sec.216\n\ns 216 om 2014 No. 47 s 298","sortOrder":290},{"sectionNumber":"sec.217","sectionType":"section","heading":null,"content":"### Section sec.217\n\ns 217 om 2014 No. 47 s 298","sortOrder":291},{"sectionNumber":"sec.218","sectionType":"section","heading":null,"content":"### Section sec.218\n\ns 218 om 2014 No. 47 s 298","sortOrder":292},{"sectionNumber":"sec.219","sectionType":"section","heading":null,"content":"### Section sec.219\n\ns 219 om 2014 No. 47 s 298","sortOrder":293},{"sectionNumber":"sec.220","sectionType":"section","heading":null,"content":"### Section sec.220\n\ns 220 om 2014 No. 47 s 298","sortOrder":294},{"sectionNumber":"sec.221","sectionType":"section","heading":null,"content":"### Section sec.221\n\ns 221 om 2014 No. 47 s 298","sortOrder":295},{"sectionNumber":"sec.222","sectionType":"section","heading":null,"content":"### Section sec.222\n\ns 222 om 2014 No. 47 s 298","sortOrder":296},{"sectionNumber":"sec.223","sectionType":"section","heading":null,"content":"### Section sec.223\n\ns 223 om 2014 No. 47 s 298","sortOrder":297},{"sectionNumber":"sec.224","sectionType":"section","heading":null,"content":"### Section sec.224\n\ns 224 om 2014 No. 47 s 298","sortOrder":298},{"sectionNumber":"sec.225","sectionType":"section","heading":null,"content":"### Section sec.225\n\ns 225 om 2014 No. 47 s 298","sortOrder":299},{"sectionNumber":"sec.226","sectionType":"section","heading":null,"content":"### Section sec.226\n\ns 226 om 2014 No. 47 s 298","sortOrder":300},{"sectionNumber":"sec.227","sectionType":"section","heading":null,"content":"### Section sec.227\n\ns 227 om 2014 No. 47 s 298","sortOrder":301},{"sectionNumber":"sec.228","sectionType":"section","heading":null,"content":"### Section sec.228\n\ns 228 om 2014 No. 47 s 298","sortOrder":302},{"sectionNumber":"sec.229","sectionType":"section","heading":null,"content":"### Section sec.229\n\ns 229 om 2014 No. 47 s 298","sortOrder":303},{"sectionNumber":"sec.230","sectionType":"section","heading":null,"content":"### Section sec.230\n\ns 230 om 2014 No. 47 s 298","sortOrder":304},{"sectionNumber":"sec.231","sectionType":"section","heading":null,"content":"### Section sec.231\n\ns 231 om 2014 No. 47 s 298","sortOrder":305},{"sectionNumber":"sec.232","sectionType":"section","heading":null,"content":"### Section sec.232\n\ns 232 om 2014 No. 47 s 298","sortOrder":306},{"sectionNumber":"sec.233","sectionType":"section","heading":"Direction to ease concerns of owner or occupier","content":"### sec.233 Direction to ease concerns of owner or occupier\n\nThis section applies if the Minister reasonably believes that, to ease a valid concern of an owner or occupier of land in a geothermal tenure’s area, the tenure holder ought reasonably to take action, or cease taking action.\nThe Minister may, by notice, direct the holder to take the action, or cease taking the action, within a stated reasonable period.\nHowever, before deciding to give the notice, the Minister must—\ngive the holder a notice stating—\nthe proposed direction; and\nthe grounds for giving the proposed direction; and\nthe facts and circumstances forming the basis for the grounds; and\nthat the holder may, within a stated reasonable period, make submissions to the Minister about the proposed direction; and\nconsider any submissions made by the holder within the period.\nThe decision does not take effect until the holder is given an information notice about the decision.\nFor the consequence of noncompliance with the direction, see section 321 (When noncompliance action may be taken).\ns 233 sub 2014 No. 47 s 298\n(sec.233-ssec.1) This section applies if the Minister reasonably believes that, to ease a valid concern of an owner or occupier of land in a geothermal tenure’s area, the tenure holder ought reasonably to take action, or cease taking action.\n(sec.233-ssec.2) The Minister may, by notice, direct the holder to take the action, or cease taking the action, within a stated reasonable period.\n(sec.233-ssec.3) However, before deciding to give the notice, the Minister must— give the holder a notice stating— the proposed direction; and the grounds for giving the proposed direction; and the facts and circumstances forming the basis for the grounds; and that the holder may, within a stated reasonable period, make submissions to the Minister about the proposed direction; and consider any submissions made by the holder within the period.\n(sec.233-ssec.4) The decision does not take effect until the holder is given an information notice about the decision. For the consequence of noncompliance with the direction, see section 321 (When noncompliance action may be taken).\n- (a) give the holder a notice stating— (i) the proposed direction; and (ii) the grounds for giving the proposed direction; and (iii) the facts and circumstances forming the basis for the grounds; and (iv) that the holder may, within a stated reasonable period, make submissions to the Minister about the proposed direction; and\n- (i) the proposed direction; and\n- (ii) the grounds for giving the proposed direction; and\n- (iii) the facts and circumstances forming the basis for the grounds; and\n- (iv) that the holder may, within a stated reasonable period, make submissions to the Minister about the proposed direction; and\n- (b) consider any submissions made by the holder within the period.\n- (i) the proposed direction; and\n- (ii) the grounds for giving the proposed direction; and\n- (iii) the facts and circumstances forming the basis for the grounds; and\n- (iv) that the holder may, within a stated reasonable period, make submissions to the Minister about the proposed direction; and","sortOrder":307},{"sectionNumber":"ch.6-pt.6","sectionType":"part","heading":null,"content":"","sortOrder":308},{"sectionNumber":"ch.6-pt.6-div.1","sectionType":"division","heading":null,"content":"","sortOrder":309},{"sectionNumber":"sec.234","sectionType":"section","heading":null,"content":"### Section sec.234\n\ns 234 amd 2012 No. 43 s 325 sch 2 ; 2014 No. 40 s 154 sch 1 pt 1\nom 2014 No. 47 s 298","sortOrder":310},{"sectionNumber":"sec.235","sectionType":"section","heading":null,"content":"### Section sec.235\n\ns 235 om 2014 No. 47 s 298","sortOrder":311},{"sectionNumber":"sec.236","sectionType":"section","heading":null,"content":"### Section sec.236\n\ns 236 om 2014 No. 47 s 298","sortOrder":312},{"sectionNumber":"sec.237","sectionType":"section","heading":null,"content":"### Section sec.237\n\ns 237 om 2014 No. 47 s 298","sortOrder":313},{"sectionNumber":"sec.238","sectionType":"section","heading":null,"content":"### Section sec.238\n\ns 238 om 2014 No. 47 s 298","sortOrder":314},{"sectionNumber":"ch.6-pt.6-div.2","sectionType":"division","heading":null,"content":"","sortOrder":315},{"sectionNumber":"sec.239","sectionType":"section","heading":null,"content":"### Section sec.239\n\ns 239 om 2014 No. 47 s 298","sortOrder":316},{"sectionNumber":"sec.240","sectionType":"section","heading":null,"content":"### Section sec.240\n\ns 240 om 2014 No. 47 s 298","sortOrder":317},{"sectionNumber":"sec.241","sectionType":"section","heading":null,"content":"### Section sec.241\n\ns 241 om 2014 No. 47 s 298","sortOrder":318},{"sectionNumber":"sec.242","sectionType":"section","heading":null,"content":"### Section sec.242\n\ns 242 amd 2013 No. 51 s 229 sch 1\nom 2014 No. 47 s 298","sortOrder":319},{"sectionNumber":"ch.6-pt.7","sectionType":"part","heading":null,"content":"","sortOrder":320},{"sectionNumber":"sec.243","sectionType":"section","heading":null,"content":"### Section sec.243\n\ns 243 om 2014 No. 47 s 298","sortOrder":321},{"sectionNumber":"sec.244","sectionType":"section","heading":null,"content":"### Section sec.244\n\ns 244 om 2014 No. 47 s 298","sortOrder":322},{"sectionNumber":"sec.245","sectionType":"section","heading":null,"content":"### Section sec.245\n\ns 245 om 2014 No. 47 s 298","sortOrder":323},{"sectionNumber":"ch.6-pt.8","sectionType":"part","heading":null,"content":"","sortOrder":324},{"sectionNumber":"ch.6-pt.8-div.1","sectionType":"division","heading":null,"content":"","sortOrder":325},{"sectionNumber":"sec.246","sectionType":"section","heading":null,"content":"### Section sec.246\n\ns 246 om 2014 No. 47 s 298","sortOrder":326},{"sectionNumber":"sec.247","sectionType":"section","heading":null,"content":"### Section sec.247\n\ns 247 om 2014 No. 47 s 298","sortOrder":327},{"sectionNumber":"sec.248","sectionType":"section","heading":null,"content":"### Section sec.248\n\ns 248 om 2014 No. 47 s 298","sortOrder":328},{"sectionNumber":"sec.249","sectionType":"section","heading":null,"content":"### Section sec.249\n\ns 249 om 2014 No. 47 s 298","sortOrder":329},{"sectionNumber":"sec.250","sectionType":"section","heading":null,"content":"### Section sec.250\n\ns 250 om 2014 No. 47 s 298","sortOrder":330},{"sectionNumber":"sec.251","sectionType":"section","heading":null,"content":"### Section sec.251\n\ns 251 om 2014 No. 47 s 298","sortOrder":331},{"sectionNumber":"sec.252","sectionType":"section","heading":null,"content":"### Section sec.252\n\ns 252 om 2014 No. 47 s 298","sortOrder":332},{"sectionNumber":"sec.253","sectionType":"section","heading":null,"content":"### Section sec.253\n\ns 253 om 2014 No. 47 s 298","sortOrder":333},{"sectionNumber":"sec.254","sectionType":"section","heading":null,"content":"### Section sec.254\n\ns 254 amd 2012 No. 20 s 125 sch 1\nom 2014 No. 47 s 298","sortOrder":334},{"sectionNumber":"sec.255","sectionType":"section","heading":null,"content":"### Section sec.255\n\ns 255 om 2014 No. 47 s 298","sortOrder":335},{"sectionNumber":"sec.256","sectionType":"section","heading":null,"content":"### Section sec.256\n\ns 256 om 2014 No. 47 s 298","sortOrder":336},{"sectionNumber":"sec.257","sectionType":"section","heading":null,"content":"### Section sec.257\n\ns 257 om 2014 No. 47 s 298","sortOrder":337},{"sectionNumber":"sec.258","sectionType":"section","heading":null,"content":"### Section sec.258\n\ns 258 om 2014 No. 47 s 298","sortOrder":338},{"sectionNumber":"sec.259","sectionType":"section","heading":null,"content":"### Section sec.259\n\ns 259 om 2014 No. 47 s 298","sortOrder":339},{"sectionNumber":"sec.260","sectionType":"section","heading":null,"content":"### Section sec.260\n\ns 260 om 2014 No. 47 s 298","sortOrder":340},{"sectionNumber":"sec.261","sectionType":"section","heading":null,"content":"### Section sec.261\n\ns 261 om 2014 No. 47 s 298","sortOrder":341},{"sectionNumber":"sec.262","sectionType":"section","heading":null,"content":"### Section sec.262\n\ns 262 om 2014 No. 47 s 298","sortOrder":342},{"sectionNumber":"ch.6-pt.8-div.2","sectionType":"division","heading":null,"content":"","sortOrder":343},{"sectionNumber":"sec.263","sectionType":"section","heading":null,"content":"### Section sec.263\n\ns 263 om 2014 No. 47 s 298","sortOrder":344},{"sectionNumber":"sec.264","sectionType":"section","heading":null,"content":"### Section sec.264\n\ns 264 om 2014 No. 47 s 298","sortOrder":345},{"sectionNumber":"sec.265","sectionType":"section","heading":null,"content":"### Section sec.265\n\ns 265 om 2014 No. 47 s 298","sortOrder":346},{"sectionNumber":"sec.266","sectionType":"section","heading":null,"content":"### Section sec.266\n\ns 266 om 2014 No. 47 s 298","sortOrder":347},{"sectionNumber":"sec.267","sectionType":"section","heading":null,"content":"### Section sec.267\n\ns 267 om 2014 No. 47 s 298","sortOrder":348},{"sectionNumber":"sec.268","sectionType":"section","heading":null,"content":"### Section sec.268\n\ns 268 om 2014 No. 47 s 298","sortOrder":349},{"sectionNumber":"sec.269","sectionType":"section","heading":null,"content":"### Section sec.269\n\ns 269 om 2014 No. 47 s 298","sortOrder":350},{"sectionNumber":"ch.6-pt.9","sectionType":"part","heading":"Ownership of equipment and improvements","content":"# Ownership of equipment and improvements","sortOrder":351},{"sectionNumber":"sec.270","sectionType":"section","heading":"Application of pt 9","content":"### sec.270 Application of pt 9\n\nThis part applies if—\nequipment or improvements are taken onto or constructed or placed on land in a geothermal tenure’s area; and\nthe equipment or improvements were taken onto or constructed or placed on the land for use for an authorised activity for the geothermal tenure; and\nthe geothermal tenure continues in force.\nHowever, this part is subject to part 14 .\npart 14 (Enforcement of end of tenure and area reduction obligations)\nIn this section—\nequipment includes machinery and plant.\nimprovements —\ndoes not include a geothermal well; but\ndoes include any works constructed in connection with a geothermal well.\n(sec.270-ssec.1) This part applies if— equipment or improvements are taken onto or constructed or placed on land in a geothermal tenure’s area; and the equipment or improvements were taken onto or constructed or placed on the land for use for an authorised activity for the geothermal tenure; and the geothermal tenure continues in force.\n(sec.270-ssec.2) However, this part is subject to part 14 . part 14 (Enforcement of end of tenure and area reduction obligations)\n(sec.270-ssec.3) In this section— equipment includes machinery and plant. improvements — does not include a geothermal well; but does include any works constructed in connection with a geothermal well.\n- (a) equipment or improvements are taken onto or constructed or placed on land in a geothermal tenure’s area; and\n- (b) the equipment or improvements were taken onto or constructed or placed on the land for use for an authorised activity for the geothermal tenure; and\n- (c) the geothermal tenure continues in force.\n- (a) does not include a geothermal well; but\n- (b) does include any works constructed in connection with a geothermal well.","sortOrder":352},{"sectionNumber":"sec.271","sectionType":"section","heading":"Ownership of equipment and improvements","content":"### sec.271 Ownership of equipment and improvements\n\nWhile the equipment or improvements are on the land they remain the property of the person who owned them immediately before they were taken onto or constructed or placed on the land, unless that person otherwise agrees.\nSee, however, section 361 (Obligation to remove equipment and improvements).\nHowever, for a geothermal well, subsection (1) is subject to part 3 , division 2 .\npart 3 , division 2 (Decommissioning of geothermal wells)\nSubsection (1) applies despite—\nthe plant or equipment having become part of the land; or\nthe sale or other disposal of the land of which the plant or equipment has become a part.\nThe equipment or improvements can not be—\nlevied or seized in execution; or\nsold in exercise of a power of sale or otherwise disposed of by a process under a law of a State taken against the holder or the owner of the land.\nThis section applies despite—\nan Act or law of a State; or\na contract, covenant or claim of right under a law of a State.\n(sec.271-ssec.1) While the equipment or improvements are on the land they remain the property of the person who owned them immediately before they were taken onto or constructed or placed on the land, unless that person otherwise agrees. See, however, section 361 (Obligation to remove equipment and improvements).\n(sec.271-ssec.2) However, for a geothermal well, subsection (1) is subject to part 3 , division 2 . part 3 , division 2 (Decommissioning of geothermal wells)\n(sec.271-ssec.3) Subsection (1) applies despite— the plant or equipment having become part of the land; or the sale or other disposal of the land of which the plant or equipment has become a part.\n(sec.271-ssec.4) The equipment or improvements can not be— levied or seized in execution; or sold in exercise of a power of sale or otherwise disposed of by a process under a law of a State taken against the holder or the owner of the land.\n(sec.271-ssec.5) This section applies despite— an Act or law of a State; or a contract, covenant or claim of right under a law of a State.\n- (a) the plant or equipment having become part of the land; or\n- (b) the sale or other disposal of the land of which the plant or equipment has become a part.\n- (a) levied or seized in execution; or\n- (b) sold in exercise of a power of sale or otherwise disposed of by a process under a law of a State taken against the holder or the owner of the land.\n- (a) an Act or law of a State; or\n- (b) a contract, covenant or claim of right under a law of a State.","sortOrder":353},{"sectionNumber":"ch.6-pt.10","sectionType":"part","heading":null,"content":"","sortOrder":354},{"sectionNumber":"sec.272","sectionType":"section","heading":null,"content":"### Section sec.272\n\ns 272 amd 2012 No. 20 s 18\nom 2014 No. 47 s 306","sortOrder":355},{"sectionNumber":"sec.273","sectionType":"section","heading":null,"content":"### Section sec.273\n\ns 273 om 2014 No. 47 s 306","sortOrder":356},{"sectionNumber":"sec.274","sectionType":"section","heading":null,"content":"### Section sec.274\n\ns 274 om 2014 No. 47 s 306","sortOrder":357},{"sectionNumber":"sec.275","sectionType":"section","heading":null,"content":"### Section sec.275\n\ns 275 amd 2011 No. 2 s 53\nom 2014 No. 47 s 306","sortOrder":358},{"sectionNumber":"sec.276","sectionType":"section","heading":null,"content":"### Section sec.276\n\ns 276 om 2014 No. 47 s 306","sortOrder":359},{"sectionNumber":"sec.277","sectionType":"section","heading":null,"content":"### Section sec.277\n\ns 277 om 2014 No. 47 s 306","sortOrder":360},{"sectionNumber":"ch.6-pt.11","sectionType":"part","heading":null,"content":"","sortOrder":361},{"sectionNumber":"ch.6-pt.11-div.1","sectionType":"division","heading":null,"content":"","sortOrder":362},{"sectionNumber":"sec.277A","sectionType":"section","heading":null,"content":"### Section sec.277A\n\ns 277A ins 2012 No. 20 s 132 (amd 2013 No. 10 s 145 (1) )\nom 2014 No. 47 s 290","sortOrder":363},{"sectionNumber":"sec.278","sectionType":"section","heading":null,"content":"### Section sec.278\n\ns 278 sub 2012 No. 20 s 132\nom 2014 No. 47 s 290","sortOrder":364},{"sectionNumber":"sec.279","sectionType":"section","heading":null,"content":"### Section sec.279\n\ns 279 sub 2012 No. 20 s 132 (amd 2013 No. 10 s 145 (2) )\nom 2014 No. 47 s 290","sortOrder":365},{"sectionNumber":"sec.280","sectionType":"section","heading":null,"content":"### Section sec.280\n\ns 280 sub 2012 No. 20 s 132\nom 2014 No. 47 s 290","sortOrder":366},{"sectionNumber":"ch.6-pt.11-div.2","sectionType":"division","heading":null,"content":"","sortOrder":367},{"sectionNumber":"sec.281","sectionType":"section","heading":"Registration required for all dealings","content":"### sec.281 Registration required for all dealings\n\ns 281 sub 2012 No. 20 s 132\nom 2014 No. 47 s 290","sortOrder":368},{"sectionNumber":"sec.282","sectionType":"section","heading":null,"content":"### Section sec.282\n\ns 282 sub 2012 No. 20 s 132\nom 2014 No. 47 s 290","sortOrder":369},{"sectionNumber":"sec.283","sectionType":"section","heading":null,"content":"### Section sec.283\n\ns 283 sub 2012 No. 20 s 132\nom 2014 No. 47 s 290","sortOrder":370},{"sectionNumber":"ch.6-pt.11-div.3","sectionType":"division","heading":null,"content":"","sortOrder":371},{"sectionNumber":"sec.284","sectionType":"section","heading":null,"content":"### Section sec.284\n\ns 284 sub 2012 No. 20 s 132\nom 2014 No. 47 s 290","sortOrder":372},{"sectionNumber":"sec.285","sectionType":"section","heading":null,"content":"### Section sec.285\n\ns 285 sub 2012 No. 20 s 132\nom 2014 No. 47 s 290","sortOrder":373},{"sectionNumber":"sec.286","sectionType":"section","heading":null,"content":"### Section sec.286\n\ns 286 sub 2012 No. 20 s 132\nom 2014 No. 47 s 290","sortOrder":374},{"sectionNumber":"sec.287","sectionType":"section","heading":null,"content":"### Section sec.287\n\ns 287 sub 2012 No. 20 s 132\nom 2014 No. 47 s 290","sortOrder":375},{"sectionNumber":"sec.288","sectionType":"section","heading":null,"content":"### Section sec.288\n\ns 288 sub 2012 No. 20 s 132\nom 2014 No. 47 s 290","sortOrder":376},{"sectionNumber":"ch.6-pt.11A","sectionType":"part","heading":null,"content":"","sortOrder":377},{"sectionNumber":"sec.289","sectionType":"section","heading":null,"content":"### Section sec.289\n\ns 289 sub 2012 No. 20 s 132\nom 2014 No. 47 s 290","sortOrder":378},{"sectionNumber":"sec.289A","sectionType":"section","heading":null,"content":"### Section sec.289A\n\ns 289A ins 2012 No. 20 s 132\nom 2014 No. 47 s 290","sortOrder":379},{"sectionNumber":"sec.289B","sectionType":"section","heading":null,"content":"### Section sec.289B\n\ns 289B ins 2012 No. 20 s 132\nom 2014 No. 47 s 290","sortOrder":380},{"sectionNumber":"ch.6-pt.11B","sectionType":"part","heading":null,"content":"","sortOrder":381},{"sectionNumber":"sec.289C","sectionType":"section","heading":null,"content":"### Section sec.289C\n\ns 289C ins 2012 No. 20 s 132\nom 2014 No. 47 s 290","sortOrder":382},{"sectionNumber":"sec.289D","sectionType":"section","heading":null,"content":"### Section sec.289D\n\ns 289D ins 2012 No. 20 s 132\nom 2014 No. 47 s 290","sortOrder":383},{"sectionNumber":"sec.289E","sectionType":"section","heading":null,"content":"### Section sec.289E\n\ns 289E ins 2012 No. 20 s 132\nom 2014 No. 47 s 290","sortOrder":384},{"sectionNumber":"sec.289F","sectionType":"section","heading":null,"content":"### Section sec.289F\n\ns 289F ins 2012 No. 20 s 132\nom 2014 No. 47 s 290","sortOrder":385},{"sectionNumber":"sec.289G","sectionType":"section","heading":null,"content":"### Section sec.289G\n\ns 289G ins 2012 No. 20 s 132\nom 2014 No. 47 s 290","sortOrder":386},{"sectionNumber":"sec.289H","sectionType":"section","heading":null,"content":"### Section sec.289H\n\ns 289H ins 2012 No. 20 s 132\nom 2014 No. 47 s 290","sortOrder":387},{"sectionNumber":"sec.289I","sectionType":"section","heading":null,"content":"### Section sec.289I\n\ns 289I ins 2012 No. 20 s 132\nom 2014 No. 47 s 290","sortOrder":388},{"sectionNumber":"ch.6-pt.12","sectionType":"part","heading":"Renewals","content":"# Renewals","sortOrder":389},{"sectionNumber":"sec.290","sectionType":"section","heading":"General conditions for renewal application","content":"### sec.290 General conditions for renewal application\n\nA geothermal tenure holder may apply to renew the tenure only if none of the following is outstanding by the holder—\nannual rent for any geothermal tenure;\na civil penalty under section 131 for nonpayment of annual rent;\nif the geothermal tenure is a geothermal lease—rates and charges, including interest on overdue rates and charges, payable to the local government in whose area the lease is situated;\nsecurity required for any geothermal tenure, as required under section 204 ;\ninterest payable under section 372 on annual rent or a civil penalty;\ngeothermal royalty.\nAlso, the application can not be made—\nmore than 60 business days before the geothermal tenure’s term ends; or\nafter the geothermal tenure has ended; or\nif the area the subject of the application is more than the area of the geothermal tenure sought to be renewed immediately before the renewed geothermal tenure is to take effect.\nSee, however, section 350C (3) in relation to acquired land that was previously in the area of the geothermal tenure being renewed.\ns 290 amd 2012 No. 20 s 19 ; 2024 No. 12 s 6\n(sec.290-ssec.1) A geothermal tenure holder may apply to renew the tenure only if none of the following is outstanding by the holder— annual rent for any geothermal tenure; a civil penalty under section 131 for nonpayment of annual rent; if the geothermal tenure is a geothermal lease—rates and charges, including interest on overdue rates and charges, payable to the local government in whose area the lease is situated; security required for any geothermal tenure, as required under section 204 ; interest payable under section 372 on annual rent or a civil penalty; geothermal royalty.\n(sec.290-ssec.2) Also, the application can not be made— more than 60 business days before the geothermal tenure’s term ends; or after the geothermal tenure has ended; or if the area the subject of the application is more than the area of the geothermal tenure sought to be renewed immediately before the renewed geothermal tenure is to take effect. See, however, section 350C (3) in relation to acquired land that was previously in the area of the geothermal tenure being renewed.\n- (a) annual rent for any geothermal tenure;\n- (b) a civil penalty under section 131 for nonpayment of annual rent;\n- (c) if the geothermal tenure is a geothermal lease—rates and charges, including interest on overdue rates and charges, payable to the local government in whose area the lease is situated;\n- (d) security required for any geothermal tenure, as required under section 204 ;\n- (e) interest payable under section 372 on annual rent or a civil penalty;\n- (f) geothermal royalty.\n- (a) more than 60 business days before the geothermal tenure’s term ends; or\n- (b) after the geothermal tenure has ended; or\n- (c) if the area the subject of the application is more than the area of the geothermal tenure sought to be renewed immediately before the renewed geothermal tenure is to take effect. Note— See, however, section 350C (3) in relation to acquired land that was previously in the area of the geothermal tenure being renewed.","sortOrder":390},{"sectionNumber":"sec.291","sectionType":"section","heading":"Restriction on applying for renewal of geothermal permit","content":"### sec.291 Restriction on applying for renewal of geothermal permit\n\nA geothermal permit holder can not apply to renew the permit for a proposed term ending later than 15 years after the permit originally took effect.","sortOrder":391},{"sectionNumber":"sec.292","sectionType":"section","heading":"Requirements for making application","content":"### sec.292 Requirements for making application\n\nThe application must—\nbe made to the Minister in the approved form; and\ninclude the following for the renewed geothermal tenure—\nfor a geothermal permit—a proposed later work program complying with the later work program requirements;\nfor a geothermal lease—a proposed later development plan complying with the later development plan requirements; and\nbe accompanied by—\nthe application fee prescribed under a regulation; and\nif the application is made less than 20 business days before the end of the geothermal tenure’s term—an amount that is 10 times the application fee.\n- (a) be made to the Minister in the approved form; and\n- (b) include the following for the renewed geothermal tenure— (i) for a geothermal permit—a proposed later work program complying with the later work program requirements; (ii) for a geothermal lease—a proposed later development plan complying with the later development plan requirements; and\n- (i) for a geothermal permit—a proposed later work program complying with the later work program requirements;\n- (ii) for a geothermal lease—a proposed later development plan complying with the later development plan requirements; and\n- (c) be accompanied by— (i) the application fee prescribed under a regulation; and (ii) if the application is made less than 20 business days before the end of the geothermal tenure’s term—an amount that is 10 times the application fee.\n- (i) the application fee prescribed under a regulation; and\n- (ii) if the application is made less than 20 business days before the end of the geothermal tenure’s term—an amount that is 10 times the application fee.\n- (i) for a geothermal permit—a proposed later work program complying with the later work program requirements;\n- (ii) for a geothermal lease—a proposed later development plan complying with the later development plan requirements; and\n- (i) the application fee prescribed under a regulation; and\n- (ii) if the application is made less than 20 business days before the end of the geothermal tenure’s term—an amount that is 10 times the application fee.","sortOrder":392},{"sectionNumber":"sec.293","sectionType":"section","heading":"Continuing effect of geothermal tenure for renewal application","content":"### sec.293 Continuing effect of geothermal tenure for renewal application\n\nThis section applies if, before the application is decided, the geothermal tenure’s term ends.\nDespite the ending of the term, the geothermal tenure continues in force until the earlier of the following happens—\nany renewed term of the geothermal tenure starts;\na refusal of the application takes effect;\nthe application is withdrawn;\nthe geothermal tenure is cancelled under this Act.\nSubsections (4) and (5) also apply if—\nthe geothermal tenure is a geothermal permit; and\nthe applicant has applied for a declaration of a potential geothermal commercial area for the geothermal permit.\nThe geothermal permit continues in force until the declaration application is decided but only for the area of the proposed potential geothermal commercial area applied for.\nThe evaluation program included in the declaration application is taken to be the work program for the geothermal permit.\nIf the geothermal tenure is renewed, subsections (2) and (4) are taken never to have applied for the period from the end of the term of the geothermal tenure being renewed as stated in that tenure.\n(sec.293-ssec.1) This section applies if, before the application is decided, the geothermal tenure’s term ends.\n(sec.293-ssec.2) Despite the ending of the term, the geothermal tenure continues in force until the earlier of the following happens— any renewed term of the geothermal tenure starts; a refusal of the application takes effect; the application is withdrawn; the geothermal tenure is cancelled under this Act.\n(sec.293-ssec.3) Subsections (4) and (5) also apply if— the geothermal tenure is a geothermal permit; and the applicant has applied for a declaration of a potential geothermal commercial area for the geothermal permit.\n(sec.293-ssec.4) The geothermal permit continues in force until the declaration application is decided but only for the area of the proposed potential geothermal commercial area applied for.\n(sec.293-ssec.5) The evaluation program included in the declaration application is taken to be the work program for the geothermal permit.\n(sec.293-ssec.6) If the geothermal tenure is renewed, subsections (2) and (4) are taken never to have applied for the period from the end of the term of the geothermal tenure being renewed as stated in that tenure.\n- (a) any renewed term of the geothermal tenure starts;\n- (b) a refusal of the application takes effect;\n- (c) the application is withdrawn;\n- (d) the geothermal tenure is cancelled under this Act.\n- (a) the geothermal tenure is a geothermal permit; and\n- (b) the applicant has applied for a declaration of a potential geothermal commercial area for the geothermal permit.","sortOrder":393},{"sectionNumber":"sec.294","sectionType":"section","heading":"Deciding application","content":"### sec.294 Deciding application\n\nThe Minister may grant or refuse the renewal.\nHowever—\nbefore deciding to grant the renewal, the Minister must decide whether to approve the following for the renewed geothermal tenure—\nfor a renewed geothermal permit—the applicant’s proposed work program;\nfor a renewed geothermal lease—the applicant’s proposed development plan; and\nthe renewal can not be granted unless—\nthe proposed program or plan has been approved; and\nthe applicant satisfies the capability criteria; and\nthe Minister is satisfied the applicant has substantially complied with the geothermal tenure being renewed; and\nthe relevant environmental authority has been issued; and\nany relevant Water Act authorisation has been issued.\nIf the application relates to acquired land that was previously in the area of the geothermal tenure being renewed, see also section 350C .\nAlso, if—\nthe geothermal tenure is a geothermal permit; and\nthe applicant has been given a notice under section 72 to apply for a geothermal lease;\nthe renewal application must not be decided until the issue of whether a geothermal lease will be granted is decided.\nSubsection (3) does not limit the power under section 73 to take a proposed action as stated in the notice.\nThe Minister may, as a condition of deciding to grant the application, require the applicant to do all or any of the following within a stated reasonable period—\npay the annual rent for the first year of the renewed geothermal tenure;\npay rates and charges, including interest on overdue rates and charges, payable to the local government in whose area the lease is situated;\ngive, under section 204 , security for the renewed geothermal tenure.\nIf the applicant does not comply with the requirement, the Minister may refuse the application.\ns 294 amd 2012 No. 20 s 20 ; 2024 No. 12 s 7\n(sec.294-ssec.1) The Minister may grant or refuse the renewal.\n(sec.294-ssec.2) However— before deciding to grant the renewal, the Minister must decide whether to approve the following for the renewed geothermal tenure— for a renewed geothermal permit—the applicant’s proposed work program; for a renewed geothermal lease—the applicant’s proposed development plan; and the renewal can not be granted unless— the proposed program or plan has been approved; and the applicant satisfies the capability criteria; and the Minister is satisfied the applicant has substantially complied with the geothermal tenure being renewed; and the relevant environmental authority has been issued; and any relevant Water Act authorisation has been issued. If the application relates to acquired land that was previously in the area of the geothermal tenure being renewed, see also section 350C .\n(sec.294-ssec.3) Also, if— the geothermal tenure is a geothermal permit; and the applicant has been given a notice under section 72 to apply for a geothermal lease; the renewal application must not be decided until the issue of whether a geothermal lease will be granted is decided.\n(sec.294-ssec.4) Subsection (3) does not limit the power under section 73 to take a proposed action as stated in the notice.\n(sec.294-ssec.5) The Minister may, as a condition of deciding to grant the application, require the applicant to do all or any of the following within a stated reasonable period— pay the annual rent for the first year of the renewed geothermal tenure; pay rates and charges, including interest on overdue rates and charges, payable to the local government in whose area the lease is situated; give, under section 204 , security for the renewed geothermal tenure.\n(sec.294-ssec.6) If the applicant does not comply with the requirement, the Minister may refuse the application.\n- (a) before deciding to grant the renewal, the Minister must decide whether to approve the following for the renewed geothermal tenure— (i) for a renewed geothermal permit—the applicant’s proposed work program; (ii) for a renewed geothermal lease—the applicant’s proposed development plan; and\n- (i) for a renewed geothermal permit—the applicant’s proposed work program;\n- (ii) for a renewed geothermal lease—the applicant’s proposed development plan; and\n- (b) the renewal can not be granted unless— (i) the proposed program or plan has been approved; and (ii) the applicant satisfies the capability criteria; and (iii) the Minister is satisfied the applicant has substantially complied with the geothermal tenure being renewed; and (iv) the relevant environmental authority has been issued; and (v) any relevant Water Act authorisation has been issued.\n- (i) the proposed program or plan has been approved; and\n- (ii) the applicant satisfies the capability criteria; and\n- (iii) the Minister is satisfied the applicant has substantially complied with the geothermal tenure being renewed; and\n- (iv) the relevant environmental authority has been issued; and\n- (v) any relevant Water Act authorisation has been issued.\n- (i) for a renewed geothermal permit—the applicant’s proposed work program;\n- (ii) for a renewed geothermal lease—the applicant’s proposed development plan; and\n- (i) the proposed program or plan has been approved; and\n- (ii) the applicant satisfies the capability criteria; and\n- (iii) the Minister is satisfied the applicant has substantially complied with the geothermal tenure being renewed; and\n- (iv) the relevant environmental authority has been issued; and\n- (v) any relevant Water Act authorisation has been issued.\n- (a) the geothermal tenure is a geothermal permit; and\n- (b) the applicant has been given a notice under section 72 to apply for a geothermal lease;\n- (a) pay the annual rent for the first year of the renewed geothermal tenure;\n- (b) pay rates and charges, including interest on overdue rates and charges, payable to the local government in whose area the lease is situated;\n- (c) give, under section 204 , security for the renewed geothermal tenure.","sortOrder":394},{"sectionNumber":"sec.295","sectionType":"section","heading":"Provisions and term of renewed geothermal permit","content":"### sec.295 Provisions and term of renewed geothermal permit\n\nThis section, as well as section 297 , applies if the Minister decides to grant the renewal and the geothermal tenure is a geothermal permit.\nSubject to this section and section 297 , section 40 applies to the renewed geothermal permit as if it were a geothermal permit decided to be granted under chapter 2 .\nThe renewed geothermal permit’s term can not be—\nmore than 5 years; or\nfor a term ending more than 15 years after the permit originally took effect.\nHowever, if any part of the renewed geothermal permit’s area is a potential geothermal commercial area, its term for that part may be for a longer period that—\nends no later than when the declaration of the potential geothermal commercial area ends; and\nis no more than the last term of the geothermal permit being renewed.\nTo remove any doubt, it is declared that subsection (4) (b) does not prevent a renewal of the renewed geothermal tenure.\n(sec.295-ssec.1) This section, as well as section 297 , applies if the Minister decides to grant the renewal and the geothermal tenure is a geothermal permit.\n(sec.295-ssec.2) Subject to this section and section 297 , section 40 applies to the renewed geothermal permit as if it were a geothermal permit decided to be granted under chapter 2 .\n(sec.295-ssec.3) The renewed geothermal permit’s term can not be— more than 5 years; or for a term ending more than 15 years after the permit originally took effect.\n(sec.295-ssec.4) However, if any part of the renewed geothermal permit’s area is a potential geothermal commercial area, its term for that part may be for a longer period that— ends no later than when the declaration of the potential geothermal commercial area ends; and is no more than the last term of the geothermal permit being renewed.\n(sec.295-ssec.5) To remove any doubt, it is declared that subsection (4) (b) does not prevent a renewal of the renewed geothermal tenure.\n- (a) more than 5 years; or\n- (b) for a term ending more than 15 years after the permit originally took effect.\n- (a) ends no later than when the declaration of the potential geothermal commercial area ends; and\n- (b) is no more than the last term of the geothermal permit being renewed.","sortOrder":395},{"sectionNumber":"sec.296","sectionType":"section","heading":"Provisions of renewed geothermal lease","content":"### sec.296 Provisions of renewed geothermal lease\n\nThis section, as well as section 297 , applies if the Minister decides to grant the renewal and the geothermal tenure is a geothermal lease.\nSubject to this section and section 297 , section 82 applies to the renewed geothermal tenure as if it were a geothermal lease decided to be granted under chapter 3 .\nThe renewed lease’s term must not be more than 20 years.\n(sec.296-ssec.1) This section, as well as section 297 , applies if the Minister decides to grant the renewal and the geothermal tenure is a geothermal lease.\n(sec.296-ssec.2) Subject to this section and section 297 , section 82 applies to the renewed geothermal tenure as if it were a geothermal lease decided to be granted under chapter 3 .\n(sec.296-ssec.3) The renewed lease’s term must not be more than 20 years.","sortOrder":396},{"sectionNumber":"sec.297","sectionType":"section","heading":"Additional provisions for term of any renewed geothermal tenure","content":"### sec.297 Additional provisions for term of any renewed geothermal tenure\n\nThe renewed geothermal tenure’s conditions may be different from the conditions or other provisions of the geothermal tenure being renewed.\nIf the renewed geothermal tenure is decided before the end of the term of the geothermal tenure being renewed as stated in that tenure (the previous term ), the term of the renewed geothermal tenure is taken to start from the end of the previous term.\nIf the renewed geothermal tenure is decided after the previous term, the term of the renewed geothermal tenure starts immediately after the end of the previous term, but—\nthe renewed geothermal tenure’s conditions do not start until its holder is given notice of them; and\nuntil the notice is given, the conditions of the geothermal tenure being renewed apply to the renewed geothermal tenure as if they were its conditions.\n(sec.297-ssec.1) The renewed geothermal tenure’s conditions may be different from the conditions or other provisions of the geothermal tenure being renewed.\n(sec.297-ssec.2) If the renewed geothermal tenure is decided before the end of the term of the geothermal tenure being renewed as stated in that tenure (the previous term ), the term of the renewed geothermal tenure is taken to start from the end of the previous term.\n(sec.297-ssec.3) If the renewed geothermal tenure is decided after the previous term, the term of the renewed geothermal tenure starts immediately after the end of the previous term, but— the renewed geothermal tenure’s conditions do not start until its holder is given notice of them; and until the notice is given, the conditions of the geothermal tenure being renewed apply to the renewed geothermal tenure as if they were its conditions.\n- (a) the renewed geothermal tenure’s conditions do not start until its holder is given notice of them; and\n- (b) until the notice is given, the conditions of the geothermal tenure being renewed apply to the renewed geothermal tenure as if they were its conditions.","sortOrder":397},{"sectionNumber":"sec.298","sectionType":"section","heading":"Criteria for decisions","content":"### sec.298 Criteria for decisions\n\nIn deciding whether to grant the renewal, or deciding the provisions of the renewed geothermal tenure, the Minister must consider—\nfor a renewed geothermal permit—the work program criteria; and\nfor a renewed geothermal lease—the development plan criteria; and\nwhether the applicant continues to satisfy the capability criteria.\n- (a) for a renewed geothermal permit—the work program criteria; and\n- (b) for a renewed geothermal lease—the development plan criteria; and\n- (c) whether the applicant continues to satisfy the capability criteria.","sortOrder":398},{"sectionNumber":"sec.299","sectionType":"section","heading":"Information notice about refusal","content":"### sec.299 Information notice about refusal\n\nIf the Minister decides to refuse the application, the Minister must give the applicant an information notice about the decision.","sortOrder":399},{"sectionNumber":"sec.300","sectionType":"section","heading":"When refusal takes effect","content":"### sec.300 When refusal takes effect\n\nA refusal of the application takes effect at the end of the appeal period for the decision to refuse.\nSubsection (1) applies subject to section 338 and any decision of the Land Court under section 340 relating to the decision to refuse.\n(sec.300-ssec.1) A refusal of the application takes effect at the end of the appeal period for the decision to refuse.\n(sec.300-ssec.2) Subsection (1) applies subject to section 338 and any decision of the Land Court under section 340 relating to the decision to refuse.","sortOrder":400},{"sectionNumber":"ch.6-pt.13","sectionType":"part","heading":"Surrenders","content":"# Surrenders","sortOrder":401},{"sectionNumber":"sec.301","sectionType":"section","heading":"Requirements for surrender","content":"### sec.301 Requirements for surrender\n\nA geothermal tenure holder may surrender all or part of the tenure’s area only if, under this part—\nan application (a surrender application ) has been made for approval of the surrender; and\nthe surrender has been approved.\nIn this section—\nsurrender does not include a relinquishment of an area if the relinquishment is required or authorised under—\nthe relinquishment condition; or\na penalty relinquishment.\n(sec.301-ssec.1) A geothermal tenure holder may surrender all or part of the tenure’s area only if, under this part— an application (a surrender application ) has been made for approval of the surrender; and the surrender has been approved.\n(sec.301-ssec.2) In this section— surrender does not include a relinquishment of an area if the relinquishment is required or authorised under— the relinquishment condition; or a penalty relinquishment.\n- (a) an application (a surrender application ) has been made for approval of the surrender; and\n- (b) the surrender has been approved.\n- (a) the relinquishment condition; or\n- (b) a penalty relinquishment.","sortOrder":402},{"sectionNumber":"sec.302","sectionType":"section","heading":"Requirements for making surrender application","content":"### sec.302 Requirements for making surrender application\n\nA surrender application must be—\nmade to the Minister in the approved form; and\naccompanied by the fee prescribed under a regulation.\nA surrender application must also be accompanied by a report by the applicant about—\nthe authorised activities for the geothermal tenure carried out on the area the subject of the application; and\nthe results of the activities; and\nany other information prescribed under a regulation.\nMaximum penalty for subsection (2) —150 penalty units.\n(sec.302-ssec.1) A surrender application must be— made to the Minister in the approved form; and accompanied by the fee prescribed under a regulation.\n(sec.302-ssec.2) A surrender application must also be accompanied by a report by the applicant about— the authorised activities for the geothermal tenure carried out on the area the subject of the application; and the results of the activities; and any other information prescribed under a regulation. Maximum penalty for subsection (2) —150 penalty units.\n- (a) made to the Minister in the approved form; and\n- (b) accompanied by the fee prescribed under a regulation.\n- (a) the authorised activities for the geothermal tenure carried out on the area the subject of the application; and\n- (b) the results of the activities; and\n- (c) any other information prescribed under a regulation.","sortOrder":403},{"sectionNumber":"sec.303","sectionType":"section","heading":"Deciding application","content":"### sec.303 Deciding application\n\nThe Minister may approve a surrender only if—\nup to the day the application was made, the holder had submitted all reports required to be submitted under this Act; and\nfor a surrender of all of the area of the geothermal tenure—all of the relevant environmental authority has been cancelled or surrendered; and\nfor a surrender of part of the area of the geothermal tenure—the relevant environmental authority has been amended or partially surrendered in a way that reflects the partial surrender of the tenure; and\nall geothermal wells in the geothermal tenure’s area have been decommissioned in the way required under section 200 .\nIn deciding whether to give the approval, the Minister must consider the extent to which the applicant has complied with the geothermal tenure’s conditions.\nIf the application is for part of the area of the geothermal tenure, the surrender may be approved subject to the applicant’s written agreement to the Minister amending the conditions applying to the rest of the area of the tenure in a stated way the Minister considers appropriate.\n(sec.303-ssec.1) The Minister may approve a surrender only if— up to the day the application was made, the holder had submitted all reports required to be submitted under this Act; and for a surrender of all of the area of the geothermal tenure—all of the relevant environmental authority has been cancelled or surrendered; and for a surrender of part of the area of the geothermal tenure—the relevant environmental authority has been amended or partially surrendered in a way that reflects the partial surrender of the tenure; and all geothermal wells in the geothermal tenure’s area have been decommissioned in the way required under section 200 .\n(sec.303-ssec.2) In deciding whether to give the approval, the Minister must consider the extent to which the applicant has complied with the geothermal tenure’s conditions.\n(sec.303-ssec.3) If the application is for part of the area of the geothermal tenure, the surrender may be approved subject to the applicant’s written agreement to the Minister amending the conditions applying to the rest of the area of the tenure in a stated way the Minister considers appropriate.\n- (a) up to the day the application was made, the holder had submitted all reports required to be submitted under this Act; and\n- (b) for a surrender of all of the area of the geothermal tenure—all of the relevant environmental authority has been cancelled or surrendered; and\n- (c) for a surrender of part of the area of the geothermal tenure—the relevant environmental authority has been amended or partially surrendered in a way that reflects the partial surrender of the tenure; and\n- (d) all geothermal wells in the geothermal tenure’s area have been decommissioned in the way required under section 200 .","sortOrder":404},{"sectionNumber":"sec.304","sectionType":"section","heading":"Notice and taking effect of decision","content":"### sec.304 Notice and taking effect of decision\n\nIf the Minister decides to approve a surrender, the Minister must give the applicant notice of the decision.\nThe surrender takes effect on the day after the decision is made.\nIf the Minister decides to refuse a surrender, the Minister must give the applicant an information notice about the decision.\n(sec.304-ssec.1) If the Minister decides to approve a surrender, the Minister must give the applicant notice of the decision.\n(sec.304-ssec.2) The surrender takes effect on the day after the decision is made.\n(sec.304-ssec.3) If the Minister decides to refuse a surrender, the Minister must give the applicant an information notice about the decision.","sortOrder":405},{"sectionNumber":"ch.6-pt.14","sectionType":"part","heading":"Enforcement of end of tenure and area reduction obligations","content":"# Enforcement of end of tenure and area reduction obligations","sortOrder":406},{"sectionNumber":"sec.305","sectionType":"section","heading":"Power of authorised person to ensure compliance","content":"### sec.305 Power of authorised person to ensure compliance\n\nThis section applies if the holder, or former holder, of a geothermal tenure has not complied with any of the following relating to land that was in the former tenure’s area (the primary land )—\na requirement under section 200 or 361 relating to the land;\na requirement under an environmental requirement under the Environmental Protection Act to conduct work on the land.\nsection 200 (Obligation to decommission) or 361 (Obligation to remove equipment and improvements)\nA person authorised (the authorised person ) by the chief executive may, by complying with section 306 , exercise the following powers ( remedial powers )—\nenter the primary land and do all things necessary to ensure the requirement is complied with;\nenter any other land ( secondary land ) necessary or desirable to cross for access to the primary land.\nHowever, remedial powers do not include power to enter a structure or a part of a structure used for residential purposes without the consent of the occupier of the structure or part of the structure.\nThe authorisation under subsection (2) —\nmust be written; and\nmay be given on conditions the chief executive considers appropriate.\n(sec.305-ssec.1) This section applies if the holder, or former holder, of a geothermal tenure has not complied with any of the following relating to land that was in the former tenure’s area (the primary land )— a requirement under section 200 or 361 relating to the land; a requirement under an environmental requirement under the Environmental Protection Act to conduct work on the land. section 200 (Obligation to decommission) or 361 (Obligation to remove equipment and improvements)\n(sec.305-ssec.2) A person authorised (the authorised person ) by the chief executive may, by complying with section 306 , exercise the following powers ( remedial powers )— enter the primary land and do all things necessary to ensure the requirement is complied with; enter any other land ( secondary land ) necessary or desirable to cross for access to the primary land.\n(sec.305-ssec.3) However, remedial powers do not include power to enter a structure or a part of a structure used for residential purposes without the consent of the occupier of the structure or part of the structure.\n(sec.305-ssec.4) The authorisation under subsection (2) — must be written; and may be given on conditions the chief executive considers appropriate.\n- (a) a requirement under section 200 or 361 relating to the land;\n- (b) a requirement under an environmental requirement under the Environmental Protection Act to conduct work on the land.\n- (a) enter the primary land and do all things necessary to ensure the requirement is complied with;\n- (b) enter any other land ( secondary land ) necessary or desirable to cross for access to the primary land.\n- (a) must be written; and\n- (b) may be given on conditions the chief executive considers appropriate.","sortOrder":407},{"sectionNumber":"sec.306","sectionType":"section","heading":"Requirements for entry to ensure compliance","content":"### sec.306 Requirements for entry to ensure compliance\n\nRemedial powers may be exercised for the primary or secondary land under section 305 only if a following person is given notice of the proposed entry at least 10 business days before the proposed entry—\nif the land has an occupier—any occupier of the land;\nif the land does not have an occupier—its owner.\nThe notice must—\nidentify the authorised person; and\ndescribe the land; and\nstate—\nthat the authorised person has under this section, been authorised to enter the land; and\nthe purpose of the entry; and\nthe period of the entry.\nThe chief executive may approve the giving of the notice by publishing it in a stated way.\nThe chief executive may give the approval only if satisfied the publication is reasonably likely to adequately inform the person to whom the notice is required to be given of the proposed entry.\nIf the authorised person intends to enter the land and any occupier of the land is present at the land, the person also must show or make a reasonable attempt to show the occupier the person’s authorisation under this section.\n(sec.306-ssec.1) Remedial powers may be exercised for the primary or secondary land under section 305 only if a following person is given notice of the proposed entry at least 10 business days before the proposed entry— if the land has an occupier—any occupier of the land; if the land does not have an occupier—its owner.\n(sec.306-ssec.2) The notice must— identify the authorised person; and describe the land; and state— that the authorised person has under this section, been authorised to enter the land; and the purpose of the entry; and the period of the entry.\n(sec.306-ssec.3) The chief executive may approve the giving of the notice by publishing it in a stated way.\n(sec.306-ssec.4) The chief executive may give the approval only if satisfied the publication is reasonably likely to adequately inform the person to whom the notice is required to be given of the proposed entry.\n(sec.306-ssec.5) If the authorised person intends to enter the land and any occupier of the land is present at the land, the person also must show or make a reasonable attempt to show the occupier the person’s authorisation under this section.\n- (a) if the land has an occupier—any occupier of the land;\n- (b) if the land does not have an occupier—its owner.\n- (a) identify the authorised person; and\n- (b) describe the land; and\n- (c) state— (i) that the authorised person has under this section, been authorised to enter the land; and (ii) the purpose of the entry; and (iii) the period of the entry.\n- (i) that the authorised person has under this section, been authorised to enter the land; and\n- (ii) the purpose of the entry; and\n- (iii) the period of the entry.\n- (i) that the authorised person has under this section, been authorised to enter the land; and\n- (ii) the purpose of the entry; and\n- (iii) the period of the entry.","sortOrder":408},{"sectionNumber":"sec.307","sectionType":"section","heading":"Duty to avoid damage in exercising remedial powers","content":"### sec.307 Duty to avoid damage in exercising remedial powers\n\nIn exercising remedial powers, a person must take all reasonable steps to ensure the person causes as little inconvenience, and does as little damage, as is practicable.","sortOrder":409},{"sectionNumber":"sec.308","sectionType":"section","heading":"Notice of damage because of exercise of remedial powers","content":"### sec.308 Notice of damage because of exercise of remedial powers\n\nIf a person exercising remedial powers damages land or something on it, the person must give the owner and any occupier of the land notice of the damage.\nIf for any reason it is not practicable to comply with subsection (1) , the person must—\nleave the notice at the place where the damage happened; and\nensure it is left in a conspicuous place and in a reasonably secure way.\nThe notice must state—\nparticulars of the damage; and\nthat the owner or occupier may claim compensation under section 309 from the State.\n(sec.308-ssec.1) If a person exercising remedial powers damages land or something on it, the person must give the owner and any occupier of the land notice of the damage.\n(sec.308-ssec.2) If for any reason it is not practicable to comply with subsection (1) , the person must— leave the notice at the place where the damage happened; and ensure it is left in a conspicuous place and in a reasonably secure way.\n(sec.308-ssec.3) The notice must state— particulars of the damage; and that the owner or occupier may claim compensation under section 309 from the State.\n- (a) leave the notice at the place where the damage happened; and\n- (b) ensure it is left in a conspicuous place and in a reasonably secure way.\n- (a) particulars of the damage; and\n- (b) that the owner or occupier may claim compensation under section 309 from the State.","sortOrder":410},{"sectionNumber":"sec.309","sectionType":"section","heading":"Compensation for exercise of remedial powers","content":"### sec.309 Compensation for exercise of remedial powers\n\nThis section applies if an owner or occupier of land (the claimant ) suffers a cost, damage or loss because of the exercise or purported exercise of remedial powers.\nCompensation is payable to the claimant by the State for the cost, damage or loss.\nThe compensation may be claimed and ordered in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.\nThe court may order the compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.309-ssec.1) This section applies if an owner or occupier of land (the claimant ) suffers a cost, damage or loss because of the exercise or purported exercise of remedial powers.\n(sec.309-ssec.2) Compensation is payable to the claimant by the State for the cost, damage or loss.\n(sec.309-ssec.3) The compensation may be claimed and ordered in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.\n(sec.309-ssec.4) The court may order the compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.","sortOrder":411},{"sectionNumber":"sec.310","sectionType":"section","heading":"Ownership of thing removed in exercise of remedial powers","content":"### sec.310 Ownership of thing removed in exercise of remedial powers\n\nThis section applies if—\nremedial powers are exercised for land; and\nin the exercise of the powers a thing is removed from the land; and\nimmediately before the removal, the thing was the property of—\nthe holder or former holder of a geothermal tenure about whom the powers were exercised; or\nan agent of or contractor for the holder.\nOn the removal, the thing becomes the property of the State.\nThe State may deal with the thing as it considers appropriate, including, for example, by destroying it or giving it away.\nThe chief executive may deal with the thing for the State.\nIf the State sells the thing, the State may, after deducting the costs of the sale, return the net proceeds of the sale to the former owner of the thing.\n(sec.310-ssec.1) This section applies if— remedial powers are exercised for land; and in the exercise of the powers a thing is removed from the land; and immediately before the removal, the thing was the property of— the holder or former holder of a geothermal tenure about whom the powers were exercised; or an agent of or contractor for the holder.\n(sec.310-ssec.2) On the removal, the thing becomes the property of the State.\n(sec.310-ssec.3) The State may deal with the thing as it considers appropriate, including, for example, by destroying it or giving it away.\n(sec.310-ssec.4) The chief executive may deal with the thing for the State.\n(sec.310-ssec.5) If the State sells the thing, the State may, after deducting the costs of the sale, return the net proceeds of the sale to the former owner of the thing.\n- (a) remedial powers are exercised for land; and\n- (b) in the exercise of the powers a thing is removed from the land; and\n- (c) immediately before the removal, the thing was the property of— (i) the holder or former holder of a geothermal tenure about whom the powers were exercised; or (ii) an agent of or contractor for the holder.\n- (i) the holder or former holder of a geothermal tenure about whom the powers were exercised; or\n- (ii) an agent of or contractor for the holder.\n- (i) the holder or former holder of a geothermal tenure about whom the powers were exercised; or\n- (ii) an agent of or contractor for the holder.","sortOrder":412},{"sectionNumber":"sec.311","sectionType":"section","heading":"Recovery of costs of and compensation for exercise of remedial power","content":"### sec.311 Recovery of costs of and compensation for exercise of remedial power\n\nThe State may recover from the responsible person as a debt any—\nreasonable costs the State or an authorised person under section 305 incurs in exercising a remedial power; and\ncompensation payable by the State under section 309 for the exercise of the remedial power.\nHowever, in any proceeding to recover the costs, any relevant net proceeds of sale mentioned in section 310 must be deducted from the amount claimed for the costs.\nIn this section—\nrelevant net proceeds of sale means the net proceeds of sale under which the thing sold was the property of the responsible person immediately before its removal under section 310 .\nresponsible person means the holder or former holder of the geothermal tenure about whom the remedial powers were exercised.\n(sec.311-ssec.1) The State may recover from the responsible person as a debt any— reasonable costs the State or an authorised person under section 305 incurs in exercising a remedial power; and compensation payable by the State under section 309 for the exercise of the remedial power.\n(sec.311-ssec.2) However, in any proceeding to recover the costs, any relevant net proceeds of sale mentioned in section 310 must be deducted from the amount claimed for the costs.\n(sec.311-ssec.3) In this section— relevant net proceeds of sale means the net proceeds of sale under which the thing sold was the property of the responsible person immediately before its removal under section 310 . responsible person means the holder or former holder of the geothermal tenure about whom the remedial powers were exercised.\n- (a) reasonable costs the State or an authorised person under section 305 incurs in exercising a remedial power; and\n- (b) compensation payable by the State under section 309 for the exercise of the remedial power.","sortOrder":413},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Noncompliance action for geothermal tenures","content":"# Noncompliance action for geothermal tenures","sortOrder":414},{"sectionNumber":"ch.7-pt.1-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":415},{"sectionNumber":"sec.312","sectionType":"section","heading":null,"content":"### Section sec.312\n\ns 312 amd 2018 No. 24 s 10\nom 2020 No. 14 s 40","sortOrder":416},{"sectionNumber":"sec.313","sectionType":"section","heading":null,"content":"### Section sec.313\n\ns 313 amd 2018 No. 24 s 11\nom 2020 No. 14 s 40","sortOrder":417},{"sectionNumber":"sec.314","sectionType":"section","heading":null,"content":"### Section sec.314\n\ns 314 om 2020 No. 14 s 40","sortOrder":418},{"sectionNumber":"sec.315","sectionType":"section","heading":null,"content":"### Section sec.315\n\ns 315 amd 2014 No. 47 s 299 ; 2018 No. 24 s 12\nom 2020 No. 14 s 40","sortOrder":419},{"sectionNumber":"sec.316","sectionType":"section","heading":null,"content":"### Section sec.316\n\ns 316 amd 2014 No. 47 s 300 ; 2018 No. 24 s 13\nom 2020 No. 14 s 40","sortOrder":420},{"sectionNumber":"sec.317","sectionType":"section","heading":null,"content":"### Section sec.317\n\ns 317 om 2020 No. 14 s 40","sortOrder":421},{"sectionNumber":"sec.318","sectionType":"section","heading":null,"content":"### Section sec.318\n\ns 318 amd 2018 No. 24 s 14\nom 2020 No. 14 s 40","sortOrder":422},{"sectionNumber":"sec.319","sectionType":"section","heading":"Operation of div 1","content":"### sec.319 Operation of div 1\n\nThis division provides a process for noncompliance action against a geothermal tenure holder.\nThe power to take noncompliance action under this part does not limit a power as follows (the other power )—\nthe power under chapter 6 , part 4 to require new or additional security;\na power under another provision of this Act to amend the geothermal tenure;\nthe power under the P&G Act to give compliance direction.\nThe other power does not limit the power to take noncompliance action.\nNoncompliance action may be taken when the other power is exercised.\nThe P&G Act , chapter 10 includes provisions about investigating geothermal activities and for the giving of compliance and dangerous situation directions as defined under that Act concerning those activities.\n(sec.319-ssec.1) This division provides a process for noncompliance action against a geothermal tenure holder.\n(sec.319-ssec.2) The power to take noncompliance action under this part does not limit a power as follows (the other power )— the power under chapter 6 , part 4 to require new or additional security; a power under another provision of this Act to amend the geothermal tenure; the power under the P&G Act to give compliance direction.\n(sec.319-ssec.3) The other power does not limit the power to take noncompliance action.\n(sec.319-ssec.4) Noncompliance action may be taken when the other power is exercised. The P&G Act , chapter 10 includes provisions about investigating geothermal activities and for the giving of compliance and dangerous situation directions as defined under that Act concerning those activities.\n- (a) the power under chapter 6 , part 4 to require new or additional security;\n- (b) a power under another provision of this Act to amend the geothermal tenure;\n- (c) the power under the P&G Act to give compliance direction.","sortOrder":423},{"sectionNumber":"ch.7-pt.1-div.2","sectionType":"division","heading":"Noncompliance action by Minister","content":"## Noncompliance action by Minister","sortOrder":424},{"sectionNumber":"sec.320","sectionType":"section","heading":"Types of noncompliance action that may be taken","content":"### sec.320 Types of noncompliance action that may be taken\n\nThe noncompliance action the Minister may take under this division is all or any of the following—\namending the geothermal tenure by doing all or any of the following—\nreducing its term;\nreducing its area;\nA geothermal permit holder has not, in contravention of section 117 , carried out work required under the work program for the permit. Noncompliance action may include amending the permit to reduce its area to reflect the work not carried out.\namending a condition of the geothermal tenure;\nimposing a new condition;\nrequiring the holder of the geothermal tenure to relinquish a stated part of its area on or before a stated time;\ncancelling the geothermal tenure, immediately or on a stated day;\nwithdrawing from a stated day, the approval of the work program or development plan for the tenure and directing its holder to, on or before that day, give the Minister the following document so the Minister may decide whether to approve the document—\nfor a geothermal permit—a proposed later work program complying with the later work program requirements;\nfor a geothermal lease—a proposed later development plan complying with the later development plan requirements;\nrequiring the geothermal tenure holder to pay the State a penalty of an amount no more than the monetary value of 2000 penalty units.\nA condition or amendment under subsection (1) may restrict the authorised activities for the geothermal tenure.\nIf, under subsection (1) (c) , the geothermal tenure is cancelled on a stated day, a condition may be imposed under subsection (1) (a) restricting the authorised activities for the tenure until the cancellation.\nNoncompliance action may be taken despite the mandatory conditions for the geothermal tenure.\ns 320 amd 2022 No. 29 s 15\n(sec.320-ssec.1) The noncompliance action the Minister may take under this division is all or any of the following— amending the geothermal tenure by doing all or any of the following— reducing its term; reducing its area; A geothermal permit holder has not, in contravention of section 117 , carried out work required under the work program for the permit. Noncompliance action may include amending the permit to reduce its area to reflect the work not carried out. amending a condition of the geothermal tenure; imposing a new condition; requiring the holder of the geothermal tenure to relinquish a stated part of its area on or before a stated time; cancelling the geothermal tenure, immediately or on a stated day; withdrawing from a stated day, the approval of the work program or development plan for the tenure and directing its holder to, on or before that day, give the Minister the following document so the Minister may decide whether to approve the document— for a geothermal permit—a proposed later work program complying with the later work program requirements; for a geothermal lease—a proposed later development plan complying with the later development plan requirements; requiring the geothermal tenure holder to pay the State a penalty of an amount no more than the monetary value of 2000 penalty units.\n(sec.320-ssec.2) A condition or amendment under subsection (1) may restrict the authorised activities for the geothermal tenure.\n(sec.320-ssec.3) If, under subsection (1) (c) , the geothermal tenure is cancelled on a stated day, a condition may be imposed under subsection (1) (a) restricting the authorised activities for the tenure until the cancellation.\n(sec.320-ssec.4) Noncompliance action may be taken despite the mandatory conditions for the geothermal tenure.\n- (a) amending the geothermal tenure by doing all or any of the following— (i) reducing its term; (ii) reducing its area; Example of a possible reduction— A geothermal permit holder has not, in contravention of section 117 , carried out work required under the work program for the permit. Noncompliance action may include amending the permit to reduce its area to reflect the work not carried out. (iii) amending a condition of the geothermal tenure; (iv) imposing a new condition;\n- (i) reducing its term;\n- (ii) reducing its area; Example of a possible reduction— A geothermal permit holder has not, in contravention of section 117 , carried out work required under the work program for the permit. Noncompliance action may include amending the permit to reduce its area to reflect the work not carried out.\n- (iii) amending a condition of the geothermal tenure;\n- (iv) imposing a new condition;\n- (b) requiring the holder of the geothermal tenure to relinquish a stated part of its area on or before a stated time;\n- (c) cancelling the geothermal tenure, immediately or on a stated day;\n- (d) withdrawing from a stated day, the approval of the work program or development plan for the tenure and directing its holder to, on or before that day, give the Minister the following document so the Minister may decide whether to approve the document— (i) for a geothermal permit—a proposed later work program complying with the later work program requirements; (ii) for a geothermal lease—a proposed later development plan complying with the later development plan requirements;\n- (i) for a geothermal permit—a proposed later work program complying with the later work program requirements;\n- (ii) for a geothermal lease—a proposed later development plan complying with the later development plan requirements;\n- (e) requiring the geothermal tenure holder to pay the State a penalty of an amount no more than the monetary value of 2000 penalty units.\n- (i) reducing its term;\n- (ii) reducing its area; Example of a possible reduction— A geothermal permit holder has not, in contravention of section 117 , carried out work required under the work program for the permit. Noncompliance action may include amending the permit to reduce its area to reflect the work not carried out.\n- (iii) amending a condition of the geothermal tenure;\n- (iv) imposing a new condition;\n- (i) for a geothermal permit—a proposed later work program complying with the later work program requirements;\n- (ii) for a geothermal lease—a proposed later development plan complying with the later development plan requirements;","sortOrder":425},{"sectionNumber":"sec.321","sectionType":"section","heading":"When noncompliance action may be taken","content":"### sec.321 When noncompliance action may be taken\n\nNoncompliance action may be taken if—\nan event mentioned in subsection (2) or (3) has happened; and\nthe procedure under division 3 for taking the action has been followed; and\nthe geothermal tenure for which the noncompliance action is taken relates to the event for which the action is taken.\nFor subsection (1) , the event is that the holder—\nobtained the geothermal tenure because of a materially false or misleading representation or declaration made orally or in writing; or\nhas failed to comply with this Act, a direction given under this Act or the geothermal tenure; or\ndid not pay an amount under this Act by the day it became owing; or\nhas used any land in the geothermal tenure’s area for an activity that—\nis not an authorised activity for the geothermal tenure or that, under any of the following Acts can not be carried out on the land—\nthe GHG storage Act , chapter 4 , part 6 ;\nthe Mineral Resources Act , chapter 9 ;\nthe P&G Act , chapter 3A ;\nthe 1923 Act , part 6FA ; and\nthe holder can not otherwise lawfully carry out; or\nhas used the geothermal tenure for a purpose other than for a purpose for which it was granted; or\nhas carried out or purported to carry out work under the geothermal tenure for which the tenure was not granted.\nAlso, it is an event for subsection (1) if the holder is not, or has ceased to be, an eligible person.\ns 321 amd 2012 No. 20 s 323 sch 3\n(sec.321-ssec.1) Noncompliance action may be taken if— an event mentioned in subsection (2) or (3) has happened; and the procedure under division 3 for taking the action has been followed; and the geothermal tenure for which the noncompliance action is taken relates to the event for which the action is taken.\n(sec.321-ssec.2) For subsection (1) , the event is that the holder— obtained the geothermal tenure because of a materially false or misleading representation or declaration made orally or in writing; or has failed to comply with this Act, a direction given under this Act or the geothermal tenure; or did not pay an amount under this Act by the day it became owing; or has used any land in the geothermal tenure’s area for an activity that— is not an authorised activity for the geothermal tenure or that, under any of the following Acts can not be carried out on the land— the GHG storage Act , chapter 4 , part 6 ; the Mineral Resources Act , chapter 9 ; the P&G Act , chapter 3A ; the 1923 Act , part 6FA ; and the holder can not otherwise lawfully carry out; or has used the geothermal tenure for a purpose other than for a purpose for which it was granted; or has carried out or purported to carry out work under the geothermal tenure for which the tenure was not granted.\n(sec.321-ssec.3) Also, it is an event for subsection (1) if the holder is not, or has ceased to be, an eligible person.\n- (a) an event mentioned in subsection (2) or (3) has happened; and\n- (b) the procedure under division 3 for taking the action has been followed; and\n- (c) the geothermal tenure for which the noncompliance action is taken relates to the event for which the action is taken.\n- (a) obtained the geothermal tenure because of a materially false or misleading representation or declaration made orally or in writing; or\n- (b) has failed to comply with this Act, a direction given under this Act or the geothermal tenure; or\n- (c) did not pay an amount under this Act by the day it became owing; or\n- (d) has used any land in the geothermal tenure’s area for an activity that— (i) is not an authorised activity for the geothermal tenure or that, under any of the following Acts can not be carried out on the land— (A) the GHG storage Act , chapter 4 , part 6 ; (B) the Mineral Resources Act , chapter 9 ; (C) the P&G Act , chapter 3A ; (D) the 1923 Act , part 6FA ; and (ii) the holder can not otherwise lawfully carry out; or\n- (i) is not an authorised activity for the geothermal tenure or that, under any of the following Acts can not be carried out on the land— (A) the GHG storage Act , chapter 4 , part 6 ; (B) the Mineral Resources Act , chapter 9 ; (C) the P&G Act , chapter 3A ; (D) the 1923 Act , part 6FA ; and\n- (A) the GHG storage Act , chapter 4 , part 6 ;\n- (B) the Mineral Resources Act , chapter 9 ;\n- (C) the P&G Act , chapter 3A ;\n- (D) the 1923 Act , part 6FA ; and\n- (ii) the holder can not otherwise lawfully carry out; or\n- (e) has used the geothermal tenure for a purpose other than for a purpose for which it was granted; or\n- (f) has carried out or purported to carry out work under the geothermal tenure for which the tenure was not granted.\n- (i) is not an authorised activity for the geothermal tenure or that, under any of the following Acts can not be carried out on the land— (A) the GHG storage Act , chapter 4 , part 6 ; (B) the Mineral Resources Act , chapter 9 ; (C) the P&G Act , chapter 3A ; (D) the 1923 Act , part 6FA ; and\n- (A) the GHG storage Act , chapter 4 , part 6 ;\n- (B) the Mineral Resources Act , chapter 9 ;\n- (C) the P&G Act , chapter 3A ;\n- (D) the 1923 Act , part 6FA ; and\n- (ii) the holder can not otherwise lawfully carry out; or\n- (A) the GHG storage Act , chapter 4 , part 6 ;\n- (B) the Mineral Resources Act , chapter 9 ;\n- (C) the P&G Act , chapter 3A ;\n- (D) the 1923 Act , part 6FA ; and","sortOrder":426},{"sectionNumber":"ch.7-pt.1-div.3","sectionType":"division","heading":"Procedure for noncompliance action","content":"## Procedure for noncompliance action","sortOrder":427},{"sectionNumber":"sec.322","sectionType":"section","heading":"Notice of proposed noncompliance action","content":"### sec.322 Notice of proposed noncompliance action\n\nThe Minister must give the geothermal tenure holder a notice stating the following—\nthat the Minister proposes to take noncompliance action against the holder;\nthe types of noncompliance action that may be taken against the holder and the type likely to be taken;\nthe grounds for taking noncompliance action against the holder;\nthe facts and circumstances that are the basis for the grounds;\nthat the holder may, within a stated period, make submissions to the Minister about the proposal to take noncompliance action.\nThe notice may state—\nif the noncompliance action is likely to include amending the geothermal tenure—the likely amendment; and\nthe amount of any likely reduction of the tenure’s area.\n(sec.322-ssec.1) The Minister must give the geothermal tenure holder a notice stating the following— that the Minister proposes to take noncompliance action against the holder; the types of noncompliance action that may be taken against the holder and the type likely to be taken; the grounds for taking noncompliance action against the holder; the facts and circumstances that are the basis for the grounds; that the holder may, within a stated period, make submissions to the Minister about the proposal to take noncompliance action.\n(sec.322-ssec.2) The notice may state— if the noncompliance action is likely to include amending the geothermal tenure—the likely amendment; and the amount of any likely reduction of the tenure’s area.\n- (a) that the Minister proposes to take noncompliance action against the holder;\n- (b) the types of noncompliance action that may be taken against the holder and the type likely to be taken;\n- (c) the grounds for taking noncompliance action against the holder;\n- (d) the facts and circumstances that are the basis for the grounds;\n- (e) that the holder may, within a stated period, make submissions to the Minister about the proposal to take noncompliance action.\n- (a) if the noncompliance action is likely to include amending the geothermal tenure—the likely amendment; and\n- (b) the amount of any likely reduction of the tenure’s area.","sortOrder":428},{"sectionNumber":"sec.323","sectionType":"section","heading":"Considering submissions","content":"### sec.323 Considering submissions\n\nThe Minister must consider any submissions made by the holder within the period stated in the notice given under section 322 .\nIf the Minister decides not to take noncompliance action, the Minister must, as soon as practicable, give the holder notice of the decision.\n(sec.323-ssec.1) The Minister must consider any submissions made by the holder within the period stated in the notice given under section 322 .\n(sec.323-ssec.2) If the Minister decides not to take noncompliance action, the Minister must, as soon as practicable, give the holder notice of the decision.","sortOrder":429},{"sectionNumber":"sec.324","sectionType":"section","heading":"Decision on proposed noncompliance action","content":"### sec.324 Decision on proposed noncompliance action\n\nIf, after complying with section 323 , the Minister still believes a ground exists to take noncompliance action, the Minister may decide to take noncompliance action for the geothermal tenure relating to a ground stated in the notice given under section 322 .\nThe Minister must, in deciding whether to take the action, have regard to whether the holder is a suitable person to hold or continue to hold the geothermal tenure.\nIn considering whether the holder is a suitable person to hold or to continue to hold the geothermal tenure, the Minister must consider the criteria under the following for granting that type of geothermal tenure, to the extent the criteria are relevant—\nfor a geothermal permit— sections 39 and 41 ;\nfor a geothermal lease— section 91 .\n(sec.324-ssec.1) If, after complying with section 323 , the Minister still believes a ground exists to take noncompliance action, the Minister may decide to take noncompliance action for the geothermal tenure relating to a ground stated in the notice given under section 322 .\n(sec.324-ssec.2) The Minister must, in deciding whether to take the action, have regard to whether the holder is a suitable person to hold or continue to hold the geothermal tenure.\n(sec.324-ssec.3) In considering whether the holder is a suitable person to hold or to continue to hold the geothermal tenure, the Minister must consider the criteria under the following for granting that type of geothermal tenure, to the extent the criteria are relevant— for a geothermal permit— sections 39 and 41 ; for a geothermal lease— section 91 .\n- (a) for a geothermal permit— sections 39 and 41 ;\n- (b) for a geothermal lease— section 91 .","sortOrder":430},{"sectionNumber":"sec.325","sectionType":"section","heading":"Notice and taking effect of decision","content":"### sec.325 Notice and taking effect of decision\n\nThe Minister must, after making a decision under section 324 , give an information notice about the decision to—\nthe geothermal tenure holder; and\nany other person who holds an interest in the geothermal tenure recorded in the register.\nGenerally, the decision takes effect on the later of the following—\nthe day the holder is given the information notice;\na later day of effect stated in the notice.\nHowever, if the decision was to cancel the geothermal tenure the decision takes effect at the end of the appeal period for the decision.\nSubsection (3) applies subject to section 338 and any decision of the Land Court under section 340 relating to the decision to refuse.\ns 325 amd 2014 No. 47 s 307\n(sec.325-ssec.1) The Minister must, after making a decision under section 324 , give an information notice about the decision to— the geothermal tenure holder; and any other person who holds an interest in the geothermal tenure recorded in the register.\n(sec.325-ssec.2) Generally, the decision takes effect on the later of the following— the day the holder is given the information notice; a later day of effect stated in the notice.\n(sec.325-ssec.3) However, if the decision was to cancel the geothermal tenure the decision takes effect at the end of the appeal period for the decision.\n(sec.325-ssec.4) Subsection (3) applies subject to section 338 and any decision of the Land Court under section 340 relating to the decision to refuse.\n- (a) the geothermal tenure holder; and\n- (b) any other person who holds an interest in the geothermal tenure recorded in the register.\n- (a) the day the holder is given the information notice;\n- (b) a later day of effect stated in the notice.","sortOrder":431},{"sectionNumber":"sec.326","sectionType":"section","heading":"Consequence of failure to comply with relinquishment requirement","content":"### sec.326 Consequence of failure to comply with relinquishment requirement\n\nThis section applies if—\nnoncompliance action taken is a requirement under section 320 (1) (b) of a geothermal tenure holder; and\nthe requirement is not complied with.\nThe Minister must give the holder a notice requiring the holder to comply with the requirement under section 320 (1) (b) within 20 business days after the giving of the notice.\nIf the holder does not comply with the requirement under the notice, the geothermal tenure is cancelled.\nHowever, the cancellation does not take effect until the Minister gives the holder a notice stating that the geothermal tenure has been cancelled because of the operation of subsection (3) .\n(sec.326-ssec.1) This section applies if— noncompliance action taken is a requirement under section 320 (1) (b) of a geothermal tenure holder; and the requirement is not complied with.\n(sec.326-ssec.2) The Minister must give the holder a notice requiring the holder to comply with the requirement under section 320 (1) (b) within 20 business days after the giving of the notice.\n(sec.326-ssec.3) If the holder does not comply with the requirement under the notice, the geothermal tenure is cancelled.\n(sec.326-ssec.4) However, the cancellation does not take effect until the Minister gives the holder a notice stating that the geothermal tenure has been cancelled because of the operation of subsection (3) .\n- (a) noncompliance action taken is a requirement under section 320 (1) (b) of a geothermal tenure holder; and\n- (b) the requirement is not complied with.","sortOrder":432},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"General offences","content":"# General offences","sortOrder":433},{"sectionNumber":"sec.327","sectionType":"section","heading":"Restriction on carrying out geothermal activities","content":"### sec.327 Restriction on carrying out geothermal activities\n\nA person must not carry out a geothermal activity in relation to land unless—\nthe activity is carried out under a geothermal tenure or a direction under this Act; or\nthe carrying out of the activity is necessary to preserve life or property because of a dangerous situation or emergency that exists or may exist; or\nthe person—\nis carrying out the activity for the State; and\nhas, under section 375 , been authorised for that purpose; and\nis acting within the scope of that authority; or\nthe activity is exempt heat pump production or the installation of a geothermal heat pump for exempt heat pump production; or\nthe activity is geothermal production and it is not of a large-scale; or\nthe activity is geothermal exploration for exempt heat pump production.\nMaximum penalty—2000 penalty units.\nOther legislation may regulate geothermal production that is not of a large-scale and activities relating to geothermal heat pumps. See the Planning Act 2016 and the Plumbing and Drainage Act 2018 .\nIf a corporation commits an offence against this provision, an executive officer of the corporation may commit an offence against section 333 .\ns 327 amd 2013 No. 51 s 229 sch 1 ; 2016 No. 27 s 263 ; 2018 No. 17 s 197 sch 2\n- (a) the activity is carried out under a geothermal tenure or a direction under this Act; or\n- (b) the carrying out of the activity is necessary to preserve life or property because of a dangerous situation or emergency that exists or may exist; or\n- (c) the person— (i) is carrying out the activity for the State; and (ii) has, under section 375 , been authorised for that purpose; and (iii) is acting within the scope of that authority; or\n- (i) is carrying out the activity for the State; and\n- (ii) has, under section 375 , been authorised for that purpose; and\n- (iii) is acting within the scope of that authority; or\n- (d) the activity is exempt heat pump production or the installation of a geothermal heat pump for exempt heat pump production; or\n- (e) the activity is geothermal production and it is not of a large-scale; or\n- (f) the activity is geothermal exploration for exempt heat pump production.\n- (i) is carrying out the activity for the State; and\n- (ii) has, under section 375 , been authorised for that purpose; and\n- (iii) is acting within the scope of that authority; or\n- 1 Other legislation may regulate geothermal production that is not of a large-scale and activities relating to geothermal heat pumps. See the Planning Act 2016 and the Plumbing and Drainage Act 2018 .\n- 2 If a corporation commits an offence against this provision, an executive officer of the corporation may commit an offence against section 333 .","sortOrder":434},{"sectionNumber":"sec.328","sectionType":"section","heading":"Defence if geothermal activity is for GHG storage injection","content":"### sec.328 Defence if geothermal activity is for GHG storage injection\n\nThis section applies to a geothermal activity consisting of the injection into an underground reservoir of a GHG stream.\nIt is a defence to a proceeding for an offence against section 327 for the defendant to prove the injection—\nwas for the purpose of GHG storage injection testing or GHG stream storage as defined under the GHG storage Act ; and\nwas authorised under that Act.\n(sec.328-ssec.1) This section applies to a geothermal activity consisting of the injection into an underground reservoir of a GHG stream.\n(sec.328-ssec.2) It is a defence to a proceeding for an offence against section 327 for the defendant to prove the injection— was for the purpose of GHG storage injection testing or GHG stream storage as defined under the GHG storage Act ; and was authorised under that Act.\n- (a) was for the purpose of GHG storage injection testing or GHG stream storage as defined under the GHG storage Act ; and\n- (b) was authorised under that Act.","sortOrder":435},{"sectionNumber":"sec.329","sectionType":"section","heading":"Geothermal tenure holder’s measurement obligations","content":"### sec.329 Geothermal tenure holder’s measurement obligations\n\nA geothermal tenure holder must—\nensure geothermal energy produced from the geothermal tenure’s area is measured; and\ngive the chief executive details of the measurement at the times and in the way prescribed under a regulation.\nMaximum penalty—500 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 333A , to have also committed the offence.\ns 329 amd 2013 No. 51 s 229 sch 1\n- (a) ensure geothermal energy produced from the geothermal tenure’s area is measured; and\n- (b) give the chief executive details of the measurement at the times and in the way prescribed under a regulation.","sortOrder":436},{"sectionNumber":"sec.330","sectionType":"section","heading":"Duty to avoid interference in carrying out geothermal activities","content":"### sec.330 Duty to avoid interference in carrying out geothermal activities\n\nA person who carries out an authorised activity for a geothermal tenure must carry out the activity in a way that does not unreasonably interfere with anyone else carrying out a lawful activity.\nMaximum penalty—500 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 333A , to have also committed the offence.\ns 330 amd 2013 No. 51 s 229 sch 1","sortOrder":437},{"sectionNumber":"sec.331","sectionType":"section","heading":"Obstruction of geothermal tenure holder","content":"### sec.331 Obstruction of geothermal tenure holder\n\nA person must not, without reasonable excuse, obstruct a geothermal tenure holder from—\nentering or crossing land to carry out an authorised activity for the geothermal tenure if the Common Provisions Act , chapter 3 to the extent the chapter is relevant, has been complied with for the entry; or\ncarrying out an authorised activity for the geothermal tenure on the land.\nMaximum penalty—500 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 333A , to have also committed the offence.\nIf a person has obstructed a geothermal tenure holder from carrying out an activity mentioned in subsection (1) and the holder decides to proceed with the carrying out of the activity, the holder must warn the person that—\nit is an offence to obstruct the holder unless the person has a reasonable excuse; and\nthe holder considers the person’s conduct is an obstruction.\nIn this section—\nobstruct includes assault, hinder, resist and attempt or threaten to assault, hinder or resist.\ns 331 amd 2013 No. 51 s 229 sch 1 ; 2014 No. 47 s 301\n(sec.331-ssec.1) A person must not, without reasonable excuse, obstruct a geothermal tenure holder from— entering or crossing land to carry out an authorised activity for the geothermal tenure if the Common Provisions Act , chapter 3 to the extent the chapter is relevant, has been complied with for the entry; or carrying out an authorised activity for the geothermal tenure on the land. Maximum penalty—500 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 333A , to have also committed the offence.\n(sec.331-ssec.2) If a person has obstructed a geothermal tenure holder from carrying out an activity mentioned in subsection (1) and the holder decides to proceed with the carrying out of the activity, the holder must warn the person that— it is an offence to obstruct the holder unless the person has a reasonable excuse; and the holder considers the person’s conduct is an obstruction.\n(sec.331-ssec.3) In this section— obstruct includes assault, hinder, resist and attempt or threaten to assault, hinder or resist.\n- (a) entering or crossing land to carry out an authorised activity for the geothermal tenure if the Common Provisions Act , chapter 3 to the extent the chapter is relevant, has been complied with for the entry; or\n- (b) carrying out an authorised activity for the geothermal tenure on the land.\n- (a) it is an offence to obstruct the holder unless the person has a reasonable excuse; and\n- (b) the holder considers the person’s conduct is an obstruction.","sortOrder":438},{"sectionNumber":"sec.332","sectionType":"section","heading":"False or misleading information","content":"### sec.332 False or misleading information\n\nA person must not make an entry in a document required to be kept under this Act knowing the entry is false or misleading in a material particular.\nMaximum penalty—500 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 333A , to have also committed the offence.\nA person of whom a direction or requirement under this Act has been made must not state anything or give a document or thing in response to the direction or requirement that the person knows is false or misleading in a material particular.\nMaximum penalty—500 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 333A , to have also committed the offence.\ns 332 amd 2013 No. 51 s 229 sch 1\n(sec.332-ssec.1) A person must not make an entry in a document required to be kept under this Act knowing the entry is false or misleading in a material particular. Maximum penalty—500 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 333A , to have also committed the offence.\n(sec.332-ssec.2) A person of whom a direction or requirement under this Act has been made must not state anything or give a document or thing in response to the direction or requirement that the person knows is false or misleading in a material particular. Maximum penalty—500 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 333A , to have also committed the offence.","sortOrder":439},{"sectionNumber":"sec.333","sectionType":"section","heading":"Liability of executive officer—offence committed by corporation against s 327","content":"### sec.333 Liability of executive officer—offence committed by corporation against s 327\n\nAn executive officer of a corporation commits an offence if—\nthe corporation commits an offence against section 327 ; and\nthe officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.\nMaximum penalty—the penalty for a contravention of section 327 by an individual.\nIn deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to—\nwhether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against section 327 ; and\nwhether the officer was in a position to influence the corporation’s conduct in relation to the offence against section 327 ; and\nany other relevant matter.\nThe executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against section 327 .\nThis section does not affect—\nthe liability of the corporation for the offence against section 327 ; or\nthe liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 327 .\ns 333 sub 2013 No. 51 s 58\n(sec.333-ssec.1) An executive officer of a corporation commits an offence if— the corporation commits an offence against section 327 ; and the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of section 327 by an individual.\n(sec.333-ssec.2) In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to— whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against section 327 ; and whether the officer was in a position to influence the corporation’s conduct in relation to the offence against section 327 ; and any other relevant matter.\n(sec.333-ssec.3) The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against section 327 .\n(sec.333-ssec.4) This section does not affect— the liability of the corporation for the offence against section 327 ; or the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 327 .\n- (a) the corporation commits an offence against section 327 ; and\n- (b) the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.\n- (a) whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against section 327 ; and\n- (b) whether the officer was in a position to influence the corporation’s conduct in relation to the offence against section 327 ; and\n- (c) any other relevant matter.\n- (a) the liability of the corporation for the offence against section 327 ; or\n- (b) the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 327 .","sortOrder":440},{"sectionNumber":"sec.333A","sectionType":"section","heading":"Executive officer may be taken to have committed offence","content":"### sec.333A Executive officer may be taken to have committed offence\n\nIf a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if—\nthe officer authorised or permitted the corporation’s conduct constituting the offence; or\nthe officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\nThe executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.\nThis section does not affect either of the following—\nthe liability of the corporation for the offence against the deemed executive liability provision;\nthe liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.\nIn this section—\ndeemed executive liability provision means—\nany of the following provisions—\nsection 198\nsection 200 (1)\nsection 329\nsection 330\nsection 331 (1)\nsection 332 (1)\nsection 332 (2) ; or\nthe Common Provisions Act , section 59 .\ns 333A ins 2013 No. 51 s 58\namd 2014 No. 47 s 302\n(sec.333A-ssec.1) If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if— the officer authorised or permitted the corporation’s conduct constituting the offence; or the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\n(sec.333A-ssec.2) The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.\n(sec.333A-ssec.3) This section does not affect either of the following— the liability of the corporation for the offence against the deemed executive liability provision; the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.\n(sec.333A-ssec.4) In this section— deemed executive liability provision means— any of the following provisions— section 198 section 200 (1) section 329 section 330 section 331 (1) section 332 (1) section 332 (2) ; or the Common Provisions Act , section 59 .\n- (a) the officer authorised or permitted the corporation’s conduct constituting the offence; or\n- (b) the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\n- (a) the liability of the corporation for the offence against the deemed executive liability provision;\n- (b) the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.\n- (a) any of the following provisions— • section 198 • section 200 (1) • section 329 • section 330 • section 331 (1) • section 332 (1) • section 332 (2) ; or\n- • section 198\n- • section 200 (1)\n- • section 329\n- • section 330\n- • section 331 (1)\n- • section 332 (1)\n- • section 332 (2) ; or\n- (b) the Common Provisions Act , section 59 .\n- • section 198\n- • section 200 (1)\n- • section 329\n- • section 330\n- • section 331 (1)\n- • section 332 (1)\n- • section 332 (2) ; or","sortOrder":441},{"sectionNumber":"sec.334","sectionType":"section","heading":"Attempts to commit offences","content":"### sec.334 Attempts to commit offences\n\nA person who attempts to commit an offence against this Act commits an offence.\nMaximum penalty for an attempt—half the maximum penalty for the completed offence.\nThe Criminal Code , section 4 applies to subsection (1) .\n(sec.334-ssec.1) A person who attempts to commit an offence against this Act commits an offence. Maximum penalty for an attempt—half the maximum penalty for the completed offence.\n(sec.334-ssec.2) The Criminal Code , section 4 applies to subsection (1) .","sortOrder":442},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":"Appeals","content":"# Appeals","sortOrder":443},{"sectionNumber":"sec.335","sectionType":"section","heading":"Who may appeal","content":"### sec.335 Who may appeal\n\nA person whose interests are affected by a decision identified in schedule 1 may appeal against the decision to the Land Court.\nFor this section, a person who has been given or is entitled to be given an information notice about a decision is taken to be a person whose interests are affected by the decision.\n(sec.335-ssec.1) A person whose interests are affected by a decision identified in schedule 1 may appeal against the decision to the Land Court.\n(sec.335-ssec.2) For this section, a person who has been given or is entitled to be given an information notice about a decision is taken to be a person whose interests are affected by the decision.","sortOrder":444},{"sectionNumber":"sec.336","sectionType":"section","heading":"Period to appeal","content":"### sec.336 Period to appeal\n\nThe appeal must be started within 20 business days after—\nif the person has been given an information notice about the decision—the day the person is given the notice; or\nif paragraph (a) does not apply—the day the person otherwise becomes aware of the decision.\nHowever, the Land Court may at any time within the 20 business days extend the period for making an appeal.\n(sec.336-ssec.1) The appeal must be started within 20 business days after— if the person has been given an information notice about the decision—the day the person is given the notice; or if paragraph (a) does not apply—the day the person otherwise becomes aware of the decision.\n(sec.336-ssec.2) However, the Land Court may at any time within the 20 business days extend the period for making an appeal.\n- (a) if the person has been given an information notice about the decision—the day the person is given the notice; or\n- (b) if paragraph (a) does not apply—the day the person otherwise becomes aware of the decision.","sortOrder":445},{"sectionNumber":"sec.337","sectionType":"section","heading":"Starting appeal","content":"### sec.337 Starting appeal\n\nThe appeal is started by filing a written notice of appeal with the Land Court.\nThe appellant must give the chief executive a copy of the notice.\n(sec.337-ssec.1) The appeal is started by filing a written notice of appeal with the Land Court.\n(sec.337-ssec.2) The appellant must give the chief executive a copy of the notice.","sortOrder":446},{"sectionNumber":"sec.338","sectionType":"section","heading":"Stay of operation of decision","content":"### sec.338 Stay of operation of decision\n\nThe Land Court may grant a stay of the decision to secure the effectiveness of the appeal.\nA stay—\nmay be given on the conditions the Land Court considers appropriate; and\noperates for the period fixed by the Land Court; and\nmay be amended or cancelled by the Land Court.\nThe period of a stay under this section must not extend past the time when the Land Court decides the appeal.\nThe appeal affects the decision or carrying out of the decision only if it is stayed.\n(sec.338-ssec.1) The Land Court may grant a stay of the decision to secure the effectiveness of the appeal.\n(sec.338-ssec.2) A stay— may be given on the conditions the Land Court considers appropriate; and operates for the period fixed by the Land Court; and may be amended or cancelled by the Land Court.\n(sec.338-ssec.3) The period of a stay under this section must not extend past the time when the Land Court decides the appeal.\n(sec.338-ssec.4) The appeal affects the decision or carrying out of the decision only if it is stayed.\n- (a) may be given on the conditions the Land Court considers appropriate; and\n- (b) operates for the period fixed by the Land Court; and\n- (c) may be amended or cancelled by the Land Court.","sortOrder":447},{"sectionNumber":"sec.339","sectionType":"section","heading":"Hearing procedures","content":"### sec.339 Hearing procedures\n\nIn deciding an appeal, the Land Court—\nhas the same powers as the Minister; and\nis not bound by the rules of evidence; and\nmust comply with natural justice; and\nmay hear the appeal in court or in chambers.\nAn appeal is by way of rehearing unaffected by the decision.\nSubject to subsections (1) and (2) , the procedure for the appeal is—\nin accordance with the rules for the Land Court; or\nin the absence of relevant rules, as directed by the Land Court.\nA power under an Act to make rules for the Land Court includes power to make rules for appeals under this part.\n(sec.339-ssec.1) In deciding an appeal, the Land Court— has the same powers as the Minister; and is not bound by the rules of evidence; and must comply with natural justice; and may hear the appeal in court or in chambers.\n(sec.339-ssec.2) An appeal is by way of rehearing unaffected by the decision.\n(sec.339-ssec.3) Subject to subsections (1) and (2) , the procedure for the appeal is— in accordance with the rules for the Land Court; or in the absence of relevant rules, as directed by the Land Court.\n(sec.339-ssec.4) A power under an Act to make rules for the Land Court includes power to make rules for appeals under this part.\n- (a) has the same powers as the Minister; and\n- (b) is not bound by the rules of evidence; and\n- (c) must comply with natural justice; and\n- (d) may hear the appeal in court or in chambers.\n- (a) in accordance with the rules for the Land Court; or\n- (b) in the absence of relevant rules, as directed by the Land Court.","sortOrder":448},{"sectionNumber":"sec.340","sectionType":"section","heading":"Land Court’s powers on appeal","content":"### sec.340 Land Court’s powers on appeal\n\nSubject to section 341 , in deciding an appeal, the Land Court may—\nconfirm the decision; or\nset aside the decision and substitute another decision; or\nset aside the decision and return the issue to the Minister with the directions the court considers appropriate.\nIf the Land Court substitutes another decision, the substituted decision is for this Act other than this part taken to be the decision of the Minister.\n(sec.340-ssec.1) Subject to section 341 , in deciding an appeal, the Land Court may— confirm the decision; or set aside the decision and substitute another decision; or set aside the decision and return the issue to the Minister with the directions the court considers appropriate.\n(sec.340-ssec.2) If the Land Court substitutes another decision, the substituted decision is for this Act other than this part taken to be the decision of the Minister.\n- (a) confirm the decision; or\n- (b) set aside the decision and substitute another decision; or\n- (c) set aside the decision and return the issue to the Minister with the directions the court considers appropriate.","sortOrder":449},{"sectionNumber":"sec.341","sectionType":"section","heading":"Restriction on Land Court’s powers for decision not to grant geothermal lease","content":"### sec.341 Restriction on Land Court’s powers for decision not to grant geothermal lease\n\nThis section applies if the Land Court is deciding an appeal against a decision not to grant a geothermal lease.\nThe Land Court can not exercise a power mentioned in section 340 (1) (b) or (c) in relation to the decision on the ground that any resource management decision for the application for the geothermal lease was to give overlapping authority priority, in whole or part.\n(sec.341-ssec.1) This section applies if the Land Court is deciding an appeal against a decision not to grant a geothermal lease.\n(sec.341-ssec.2) The Land Court can not exercise a power mentioned in section 340 (1) (b) or (c) in relation to the decision on the ground that any resource management decision for the application for the geothermal lease was to give overlapping authority priority, in whole or part.","sortOrder":450},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":"Evidence and legal proceedings","content":"# Evidence and legal proceedings","sortOrder":451},{"sectionNumber":"ch.7-pt.4-div.1","sectionType":"division","heading":"Evidentiary provisions","content":"## Evidentiary provisions","sortOrder":452},{"sectionNumber":"sec.342","sectionType":"section","heading":"Application of div 1","content":"### sec.342 Application of div 1\n\nThis division applies to a proceeding under or in relation to this Act.","sortOrder":453},{"sectionNumber":"sec.343","sectionType":"section","heading":"Authority","content":"### sec.343 Authority\n\nThe power of the Minister, chief executive or an auditor appointed for the geothermal royalty to do anything under this Act must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it.","sortOrder":454},{"sectionNumber":"sec.344","sectionType":"section","heading":"Signatures","content":"### sec.344 Signatures\n\nA signature purporting to be the signature of the Minister or the chief executive is evidence of the signature it purports to be.","sortOrder":455},{"sectionNumber":"sec.345","sectionType":"section","heading":"Other evidentiary aids","content":"### sec.345 Other evidentiary aids\n\nA certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter—\nthat a stated document of any of the following types is a document given, issued, kept or made under this Act—\nan appointment, approval or decision;\na direction, notice or requirement;\na geothermal tenure;\na report;\nanother record;\nthat a stated document is a register kept under the Common Provisions Act ;\nthat a stated document is another document kept under this Act;\nthat a stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a) or (b) ;\nthat on a stated day—\na stated person was given a stated decision, direction or notice under this Act; or\na stated requirement under this Act was made of a stated person;\nthat on a stated day or during a stated period a geothermal tenure—\nwas or was not in force; or\nwas or was not subject to a stated condition; or\nwas or was not cancelled;\nthat a stated amount is payable under this Act by a stated person and has not been paid;\nthat a stated address for a geothermal tenure holder is the last address of the holder known to the Minister or the chief executive.\ns 345 amd 2014 No. 47 s 308\n- (a) that a stated document of any of the following types is a document given, issued, kept or made under this Act— (i) an appointment, approval or decision; (ii) a direction, notice or requirement; (iii) a geothermal tenure; (v) a report; (vi) another record;\n- (i) an appointment, approval or decision;\n- (ii) a direction, notice or requirement;\n- (iii) a geothermal tenure;\n- (v) a report;\n- (vi) another record;\n- (aa) that a stated document is a register kept under the Common Provisions Act ;\n- (b) that a stated document is another document kept under this Act;\n- (c) that a stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a) or (b) ;\n- (d) that on a stated day— (i) a stated person was given a stated decision, direction or notice under this Act; or (ii) a stated requirement under this Act was made of a stated person;\n- (i) a stated person was given a stated decision, direction or notice under this Act; or\n- (ii) a stated requirement under this Act was made of a stated person;\n- (e) that on a stated day or during a stated period a geothermal tenure— (i) was or was not in force; or (ii) was or was not subject to a stated condition; or (iii) was or was not cancelled;\n- (i) was or was not in force; or\n- (ii) was or was not subject to a stated condition; or\n- (iii) was or was not cancelled;\n- (f) that a stated amount is payable under this Act by a stated person and has not been paid;\n- (g) that a stated address for a geothermal tenure holder is the last address of the holder known to the Minister or the chief executive.\n- (i) an appointment, approval or decision;\n- (ii) a direction, notice or requirement;\n- (iii) a geothermal tenure;\n- (v) a report;\n- (vi) another record;\n- (i) a stated person was given a stated decision, direction or notice under this Act; or\n- (ii) a stated requirement under this Act was made of a stated person;\n- (i) was or was not in force; or\n- (ii) was or was not subject to a stated condition; or\n- (iii) was or was not cancelled;","sortOrder":456},{"sectionNumber":"ch.7-pt.4-div.2","sectionType":"division","heading":"Offence proceedings","content":"## Offence proceedings","sortOrder":457},{"sectionNumber":"sec.346","sectionType":"section","heading":"Offences under Act are summary","content":"### sec.346 Offences under Act are summary\n\nAn offence against this Act is a summary offence.\nA proceeding for an offence against this Act must be started within—\n1 year after the commission of the offence; or\n1 year after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\ns 346 amd 2020 No. 14 s 42\n(sec.346-ssec.1) An offence against this Act is a summary offence.\n(sec.346-ssec.2) A proceeding for an offence against this Act must be started within— 1 year after the commission of the offence; or 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n- (a) 1 year after the commission of the offence; or\n- (b) 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.","sortOrder":458},{"sectionNumber":"sec.347","sectionType":"section","heading":"Statement of complainant’s knowledge","content":"### sec.347 Statement of complainant’s knowledge\n\nIn a complaint starting a proceeding for an offence against this Act, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence the matter came to the complainant’s knowledge on that day.","sortOrder":459},{"sectionNumber":"sec.348","sectionType":"section","heading":"Conduct of representatives","content":"### sec.348 Conduct of representatives\n\nThis section applies to a proceeding for an offence against this Act if it is relevant to prove a person’s state of mind about particular conduct.\nIt is enough to show—\nthe conduct was engaged in by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nConduct engaged in for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been engaged in also by the person unless the person proves—\nif the person was in a position to influence the representative in relation to the conduct—the person took reasonable steps to prevent the conduct; or\nthe person was not in a position to influence the representative in relation to the conduct.\nIn this section—\nengaging , in conduct, includes failing to engage in conduct.\nrepresentative means—\nfor a corporation—an agent, employee or executive officer of the corporation; or\nfor an individual—an agent or employee of the individual.\nstate of mind , of a person, includes the person’s—\nbelief, intention, knowledge, opinion or purpose; and\nreasons for the belief, intention, opinion or purpose.\n(sec.348-ssec.1) This section applies to a proceeding for an offence against this Act if it is relevant to prove a person’s state of mind about particular conduct.\n(sec.348-ssec.2) It is enough to show— the conduct was engaged in by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.348-ssec.3) Conduct engaged in for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been engaged in also by the person unless the person proves— if the person was in a position to influence the representative in relation to the conduct—the person took reasonable steps to prevent the conduct; or the person was not in a position to influence the representative in relation to the conduct.\n(sec.348-ssec.4) In this section— engaging , in conduct, includes failing to engage in conduct. representative means— for a corporation—an agent, employee or executive officer of the corporation; or for an individual—an agent or employee of the individual. state of mind , of a person, includes the person’s— belief, intention, knowledge, opinion or purpose; and reasons for the belief, intention, opinion or purpose.\n- (a) the conduct was engaged in by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) if the person was in a position to influence the representative in relation to the conduct—the person took reasonable steps to prevent the conduct; or\n- (b) the person was not in a position to influence the representative in relation to the conduct.\n- (a) for a corporation—an agent, employee or executive officer of the corporation; or\n- (b) for an individual—an agent or employee of the individual.\n- (a) belief, intention, knowledge, opinion or purpose; and\n- (b) reasons for the belief, intention, opinion or purpose.","sortOrder":460},{"sectionNumber":"sec.349","sectionType":"section","heading":"Additional orders that may be made on conviction","content":"### sec.349 Additional orders that may be made on conviction\n\nIf a court convicts a person for an offence against this Act, it may—\norder the forfeiture to the State of—\nanything used to commit the offence; or\nanything else the subject of the offence; and\nmake any order to enforce the forfeiture it considers appropriate; and\norder the person to pay the State the amount of costs it incurred for remedial work that was necessary or desirable because of the commission of the offence.\nForfeiture of a thing may be ordered—\nwhether or not it has been seized under this Act; and\nif it has been seized under this Act, whether or not it has been returned to its owner.\n(sec.349-ssec.1) If a court convicts a person for an offence against this Act, it may— order the forfeiture to the State of— anything used to commit the offence; or anything else the subject of the offence; and make any order to enforce the forfeiture it considers appropriate; and order the person to pay the State the amount of costs it incurred for remedial work that was necessary or desirable because of the commission of the offence.\n(sec.349-ssec.2) Forfeiture of a thing may be ordered— whether or not it has been seized under this Act; and if it has been seized under this Act, whether or not it has been returned to its owner.\n- (a) order the forfeiture to the State of— (i) anything used to commit the offence; or (ii) anything else the subject of the offence; and\n- (i) anything used to commit the offence; or\n- (ii) anything else the subject of the offence; and\n- (b) make any order to enforce the forfeiture it considers appropriate; and\n- (c) order the person to pay the State the amount of costs it incurred for remedial work that was necessary or desirable because of the commission of the offence.\n- (i) anything used to commit the offence; or\n- (ii) anything else the subject of the offence; and\n- (a) whether or not it has been seized under this Act; and\n- (b) if it has been seized under this Act, whether or not it has been returned to its owner.","sortOrder":461},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Provisions about geothermal tenures","content":"# Provisions about geothermal tenures","sortOrder":462},{"sectionNumber":"ch.8-pt.1-div.1","sectionType":"division","heading":"General provisions","content":"## General provisions","sortOrder":463},{"sectionNumber":"sec.350","sectionType":"section","heading":"Geothermal tenure does not create an interest in land","content":"### sec.350 Geothermal tenure does not create an interest in land\n\nThe granting of a geothermal tenure does not create an interest in any land.","sortOrder":464},{"sectionNumber":"sec.350A","sectionType":"section","heading":"Extinguishing geothermal interests on the taking of land in a geothermal tenure’s area (other than by an easement)","content":"### sec.350A Extinguishing geothermal interests on the taking of land in a geothermal tenure’s area (other than by an easement)\n\nThis section applies to the taking of land, other than by taking or otherwise creating an easement, under a resumption law.\nDespite any other Act, the taking of land does not extinguish geothermal interests other than to the extent, if any, provided for in the resumption notice for the taking of the land.\nThe resumption notice for the taking of land may provide for the extinguishment of a geothermal interest on the taking only to the extent the relevant Minister for the taking is satisfied the interest is incompatible with the purpose for which the land is taken.\nWithout limiting the application of subsection (3) , the relevant Minister may be satisfied a geothermal interest is incompatible with the purpose for which the land is taken if, for that purpose, it is necessary to extinguish all interests in the land, including native title rights and interests.\nA geothermal interest may be—\nwholly extinguished; or\npartially extinguished by—\nexcluding land from the land the subject of the interest; or\nprohibiting the carrying out of activities by the holder of the interest.\nThe resumption notice for the taking of land may provide for the extinguishment of geothermal interests by reference to either or both of the following—\nstated land, which—\nmay be all or part of the land that is taken; and\nif the stated land is only part of the land that is taken—may be described in the resumption notice in any way, including, for example—\nas a shape that does not constitute a block or sub-block; or\nby using 3 dimensionally located points to identify the position, shape and dimensions of each boundary;\nstated geothermal interests, which may be all geothermal interests or geothermal interests of a particular type.\nFor the taking of land for which geothermal interests are extinguished as provided by this section—\neach person’s interest in an extinguished geothermal interest is converted into a right to claim compensation under the resumption law; and\nthe resumption law applies with necessary and convenient changes and with the changes mentioned in subsections (8) and (9) and section 350D .\nThe notice of intention to resume for the proposed taking of the land must state the extent to which the geothermal interests are proposed to be extinguished.\nThe entity taking the land must give the chief executive a notice that—\nstates the details of the extinguishment; and\nasks for the extinguishment to be recorded in the register; and\nis accompanied by a certified copy of the resumption notice.\nIn this section—\ncertified copy , of the resumption notice, means a copy of the original of the notice that has been certified by a justice of the peace as being a correct copy of the original notice.\nrelevant Minister , for the taking of land under a resumption law, means—\nif the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the Minister to whom the application that the land be taken is made under section 9 of that Act; or\notherwise—the Minister administering the resumption law under which the land is, or is to be, taken.\ns 350A ins 2012 No. 20 s 21\namd 2014 No. 47 s 309\n(sec.350A-ssec.1) This section applies to the taking of land, other than by taking or otherwise creating an easement, under a resumption law.\n(sec.350A-ssec.2) Despite any other Act, the taking of land does not extinguish geothermal interests other than to the extent, if any, provided for in the resumption notice for the taking of the land.\n(sec.350A-ssec.3) The resumption notice for the taking of land may provide for the extinguishment of a geothermal interest on the taking only to the extent the relevant Minister for the taking is satisfied the interest is incompatible with the purpose for which the land is taken.\n(sec.350A-ssec.4) Without limiting the application of subsection (3) , the relevant Minister may be satisfied a geothermal interest is incompatible with the purpose for which the land is taken if, for that purpose, it is necessary to extinguish all interests in the land, including native title rights and interests.\n(sec.350A-ssec.5) A geothermal interest may be— wholly extinguished; or partially extinguished by— excluding land from the land the subject of the interest; or prohibiting the carrying out of activities by the holder of the interest.\n(sec.350A-ssec.6) The resumption notice for the taking of land may provide for the extinguishment of geothermal interests by reference to either or both of the following— stated land, which— may be all or part of the land that is taken; and if the stated land is only part of the land that is taken—may be described in the resumption notice in any way, including, for example— as a shape that does not constitute a block or sub-block; or by using 3 dimensionally located points to identify the position, shape and dimensions of each boundary; stated geothermal interests, which may be all geothermal interests or geothermal interests of a particular type.\n(sec.350A-ssec.7) For the taking of land for which geothermal interests are extinguished as provided by this section— each person’s interest in an extinguished geothermal interest is converted into a right to claim compensation under the resumption law; and the resumption law applies with necessary and convenient changes and with the changes mentioned in subsections (8) and (9) and section 350D .\n(sec.350A-ssec.8) The notice of intention to resume for the proposed taking of the land must state the extent to which the geothermal interests are proposed to be extinguished.\n(sec.350A-ssec.9) The entity taking the land must give the chief executive a notice that— states the details of the extinguishment; and asks for the extinguishment to be recorded in the register; and is accompanied by a certified copy of the resumption notice.\n(sec.350A-ssec.10) In this section— certified copy , of the resumption notice, means a copy of the original of the notice that has been certified by a justice of the peace as being a correct copy of the original notice. relevant Minister , for the taking of land under a resumption law, means— if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the Minister to whom the application that the land be taken is made under section 9 of that Act; or otherwise—the Minister administering the resumption law under which the land is, or is to be, taken.\n- (a) wholly extinguished; or\n- (b) partially extinguished by— (i) excluding land from the land the subject of the interest; or (ii) prohibiting the carrying out of activities by the holder of the interest.\n- (i) excluding land from the land the subject of the interest; or\n- (ii) prohibiting the carrying out of activities by the holder of the interest.\n- (i) excluding land from the land the subject of the interest; or\n- (ii) prohibiting the carrying out of activities by the holder of the interest.\n- (a) stated land, which— (i) may be all or part of the land that is taken; and (ii) if the stated land is only part of the land that is taken—may be described in the resumption notice in any way, including, for example— (A) as a shape that does not constitute a block or sub-block; or (B) by using 3 dimensionally located points to identify the position, shape and dimensions of each boundary;\n- (i) may be all or part of the land that is taken; and\n- (ii) if the stated land is only part of the land that is taken—may be described in the resumption notice in any way, including, for example— (A) as a shape that does not constitute a block or sub-block; or (B) by using 3 dimensionally located points to identify the position, shape and dimensions of each boundary;\n- (A) as a shape that does not constitute a block or sub-block; or\n- (B) by using 3 dimensionally located points to identify the position, shape and dimensions of each boundary;\n- (b) stated geothermal interests, which may be all geothermal interests or geothermal interests of a particular type.\n- (i) may be all or part of the land that is taken; and\n- (ii) if the stated land is only part of the land that is taken—may be described in the resumption notice in any way, including, for example— (A) as a shape that does not constitute a block or sub-block; or (B) by using 3 dimensionally located points to identify the position, shape and dimensions of each boundary;\n- (A) as a shape that does not constitute a block or sub-block; or\n- (B) by using 3 dimensionally located points to identify the position, shape and dimensions of each boundary;\n- (A) as a shape that does not constitute a block or sub-block; or\n- (B) by using 3 dimensionally located points to identify the position, shape and dimensions of each boundary;\n- (a) each person’s interest in an extinguished geothermal interest is converted into a right to claim compensation under the resumption law; and\n- (b) the resumption law applies with necessary and convenient changes and with the changes mentioned in subsections (8) and (9) and section 350D .\n- (a) states the details of the extinguishment; and\n- (b) asks for the extinguishment to be recorded in the register; and\n- (c) is accompanied by a certified copy of the resumption notice.\n- (a) if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the Minister to whom the application that the land be taken is made under section 9 of that Act; or\n- (b) otherwise—the Minister administering the resumption law under which the land is, or is to be, taken.","sortOrder":465},{"sectionNumber":"sec.350B","sectionType":"section","heading":"Effect of extinguishment of geothermal interests on the taking of land in a geothermal tenure’s area (other than by an easement)","content":"### sec.350B Effect of extinguishment of geothermal interests on the taking of land in a geothermal tenure’s area (other than by an easement)\n\nThis section applies if, under section 350A , the resumption notice for the taking of land (other than by taking or otherwise creating an easement) under a resumption law provides for the extinguishment of geothermal interests for stated land.\nIf the resumption notice states that all geothermal interests relating to the stated land are extinguished and a geothermal interest relates only to the stated land, the interest is wholly extinguished.\nIf the resumption notice states that all geothermal interests relating to the stated land are extinguished and a geothermal interest relates to the stated land and other land—\nthe stated land is no longer the subject of the interest; and\nwithout limiting paragraph (a) —\nthe stated land is excluded from the area of the geothermal tenure comprising the interest, or under or in relation to which the interest exists; and\nthis Act applies in relation to the area of the geothermal tenure with necessary and convenient changes to allow for the exclusion of the stated land, including, for example—\nto allow the area to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; and\nif the stated land, or a part of it, is within a potential geothermal commercial area for a geothermal permit—to exclude the stated land or part from the potential geothermal commercial area.\nIf the resumption notice states that the carrying out of stated activities on the stated land by holders of stated geothermal interests is prohibited, the holder of a stated geothermal interest is not, or is no longer, authorised to carry out the stated activities on the stated land.\nHowever, subsections (3) and (4) do not apply in relation to a geothermal interest that comprises, or exists under or in relation to, a new or renewed geothermal tenure granted after the land is taken.\ns 350B ins 2012 No. 20 s 21\n(sec.350B-ssec.1) This section applies if, under section 350A , the resumption notice for the taking of land (other than by taking or otherwise creating an easement) under a resumption law provides for the extinguishment of geothermal interests for stated land.\n(sec.350B-ssec.2) If the resumption notice states that all geothermal interests relating to the stated land are extinguished and a geothermal interest relates only to the stated land, the interest is wholly extinguished.\n(sec.350B-ssec.3) If the resumption notice states that all geothermal interests relating to the stated land are extinguished and a geothermal interest relates to the stated land and other land— the stated land is no longer the subject of the interest; and without limiting paragraph (a) — the stated land is excluded from the area of the geothermal tenure comprising the interest, or under or in relation to which the interest exists; and this Act applies in relation to the area of the geothermal tenure with necessary and convenient changes to allow for the exclusion of the stated land, including, for example— to allow the area to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; and if the stated land, or a part of it, is within a potential geothermal commercial area for a geothermal permit—to exclude the stated land or part from the potential geothermal commercial area.\n(sec.350B-ssec.4) If the resumption notice states that the carrying out of stated activities on the stated land by holders of stated geothermal interests is prohibited, the holder of a stated geothermal interest is not, or is no longer, authorised to carry out the stated activities on the stated land.\n(sec.350B-ssec.5) However, subsections (3) and (4) do not apply in relation to a geothermal interest that comprises, or exists under or in relation to, a new or renewed geothermal tenure granted after the land is taken.\n- (a) the stated land is no longer the subject of the interest; and\n- (b) without limiting paragraph (a) — (i) the stated land is excluded from the area of the geothermal tenure comprising the interest, or under or in relation to which the interest exists; and (ii) this Act applies in relation to the area of the geothermal tenure with necessary and convenient changes to allow for the exclusion of the stated land, including, for example— (A) to allow the area to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; and (B) if the stated land, or a part of it, is within a potential geothermal commercial area for a geothermal permit—to exclude the stated land or part from the potential geothermal commercial area.\n- (i) the stated land is excluded from the area of the geothermal tenure comprising the interest, or under or in relation to which the interest exists; and\n- (ii) this Act applies in relation to the area of the geothermal tenure with necessary and convenient changes to allow for the exclusion of the stated land, including, for example— (A) to allow the area to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; and (B) if the stated land, or a part of it, is within a potential geothermal commercial area for a geothermal permit—to exclude the stated land or part from the potential geothermal commercial area.\n- (A) to allow the area to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; and\n- (B) if the stated land, or a part of it, is within a potential geothermal commercial area for a geothermal permit—to exclude the stated land or part from the potential geothermal commercial area.\n- (i) the stated land is excluded from the area of the geothermal tenure comprising the interest, or under or in relation to which the interest exists; and\n- (ii) this Act applies in relation to the area of the geothermal tenure with necessary and convenient changes to allow for the exclusion of the stated land, including, for example— (A) to allow the area to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; and (B) if the stated land, or a part of it, is within a potential geothermal commercial area for a geothermal permit—to exclude the stated land or part from the potential geothermal commercial area.\n- (A) to allow the area to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; and\n- (B) if the stated land, or a part of it, is within a potential geothermal commercial area for a geothermal permit—to exclude the stated land or part from the potential geothermal commercial area.\n- (A) to allow the area to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; and\n- (B) if the stated land, or a part of it, is within a potential geothermal commercial area for a geothermal permit—to exclude the stated land or part from the potential geothermal commercial area.","sortOrder":466},{"sectionNumber":"sec.350C","sectionType":"section","heading":"Applications relating to land taken under a resumption law for which geothermal interests were extinguished","content":"### sec.350C Applications relating to land taken under a resumption law for which geothermal interests were extinguished\n\nThe Minister may, under a grant provision, grant a new geothermal tenure for an area that includes acquired land only if the Minister, after consulting the entity that took the land, is satisfied the grant of the tenure is compatible with the purpose for which the land is being or is to be used.\nIf there are 2 or more applications under this Act for the grant, under a grant provision, of a new geothermal tenure for an area that includes the same acquired land, the applications are to be dealt with as follows—\nthe applications must be considered and decided according to the day on which they are made;\nif the applications were made on the same day—\nthey take the priority the Minister decides, after considering the relative merits of each application; and\nthe Minister must give each applicant a notice stating there is competition for priority between the applicant’s application and another application, or other applications, made on the same day as the day on which the applicant’s application was made.\nIf a grant provision provides for the grant of a new geothermal tenure (the new tenure ) over land in the area of an existing geothermal tenure (the existing tenure )—\nthe application under this Act for the new tenure may include acquired land that was, immediately before the taking of the land, in the existing tenure’s area; and\nsubject to subsections (1) and (2) , the Minister may grant the new tenure for an area that includes the acquired land as if the acquired land were in the existing tenure’s area.\nTo remove any doubt, it is declared that this section does not affect the operation of the provisions of this Act about the application for, and grant of, a new geothermal tenure other than to the extent provided for in subsections (1) to (3) .\nIn this section—\ngrant provision means a provision of this Act providing for the grant of a new geothermal tenure.\nnew geothermal tenure includes a renewed geothermal tenure.\ns 350C ins 2012 No. 20 s 21\n(sec.350C-ssec.1) The Minister may, under a grant provision, grant a new geothermal tenure for an area that includes acquired land only if the Minister, after consulting the entity that took the land, is satisfied the grant of the tenure is compatible with the purpose for which the land is being or is to be used.\n(sec.350C-ssec.2) If there are 2 or more applications under this Act for the grant, under a grant provision, of a new geothermal tenure for an area that includes the same acquired land, the applications are to be dealt with as follows— the applications must be considered and decided according to the day on which they are made; if the applications were made on the same day— they take the priority the Minister decides, after considering the relative merits of each application; and the Minister must give each applicant a notice stating there is competition for priority between the applicant’s application and another application, or other applications, made on the same day as the day on which the applicant’s application was made.\n(sec.350C-ssec.3) If a grant provision provides for the grant of a new geothermal tenure (the new tenure ) over land in the area of an existing geothermal tenure (the existing tenure )— the application under this Act for the new tenure may include acquired land that was, immediately before the taking of the land, in the existing tenure’s area; and subject to subsections (1) and (2) , the Minister may grant the new tenure for an area that includes the acquired land as if the acquired land were in the existing tenure’s area.\n(sec.350C-ssec.4) To remove any doubt, it is declared that this section does not affect the operation of the provisions of this Act about the application for, and grant of, a new geothermal tenure other than to the extent provided for in subsections (1) to (3) .\n(sec.350C-ssec.5) In this section— grant provision means a provision of this Act providing for the grant of a new geothermal tenure. new geothermal tenure includes a renewed geothermal tenure.\n- (a) the applications must be considered and decided according to the day on which they are made;\n- (b) if the applications were made on the same day— (i) they take the priority the Minister decides, after considering the relative merits of each application; and (ii) the Minister must give each applicant a notice stating there is competition for priority between the applicant’s application and another application, or other applications, made on the same day as the day on which the applicant’s application was made.\n- (i) they take the priority the Minister decides, after considering the relative merits of each application; and\n- (ii) the Minister must give each applicant a notice stating there is competition for priority between the applicant’s application and another application, or other applications, made on the same day as the day on which the applicant’s application was made.\n- (i) they take the priority the Minister decides, after considering the relative merits of each application; and\n- (ii) the Minister must give each applicant a notice stating there is competition for priority between the applicant’s application and another application, or other applications, made on the same day as the day on which the applicant’s application was made.\n- (a) the application under this Act for the new tenure may include acquired land that was, immediately before the taking of the land, in the existing tenure’s area; and\n- (b) subject to subsections (1) and (2) , the Minister may grant the new tenure for an area that includes the acquired land as if the acquired land were in the existing tenure’s area.","sortOrder":467},{"sectionNumber":"sec.350D","sectionType":"section","heading":"Compensation for effect of taking of land in a geothermal tenure’s area on geothermal interests","content":"### sec.350D Compensation for effect of taking of land in a geothermal tenure’s area on geothermal interests\n\nThis section applies if land in a geothermal tenure’s area is taken under a resumption law (including by taking or otherwise creating an easement).\nIn assessing any compensation to be paid to the holder of a geothermal interest in relation to the taking of the land, allowance can not be made for the value of geothermal energy, or geothermal resources from which geothermal energy may be extracted, known or supposed to be on or below the surface of the land.\ns 350D ins 2012 No. 20 s 21\n(sec.350D-ssec.1) This section applies if land in a geothermal tenure’s area is taken under a resumption law (including by taking or otherwise creating an easement).\n(sec.350D-ssec.2) In assessing any compensation to be paid to the holder of a geothermal interest in relation to the taking of the land, allowance can not be made for the value of geothermal energy, or geothermal resources from which geothermal energy may be extracted, known or supposed to be on or below the surface of the land.","sortOrder":468},{"sectionNumber":"sec.351","sectionType":"section","heading":"Joint holders of a geothermal tenure","content":"### sec.351 Joint holders of a geothermal tenure\n\nA geothermal tenure may be held by 2 or more persons as joint tenants or as tenants in common.\nIf—\nan application is made for a geothermal tenure, or for approval under the Common Provisions Act of a prescribed dealing that is a transfer of a geothermal tenure, for more than 1 proposed holder or transferee; and\nthe application does not show whether the proposed holders or transferees are to hold as joint tenants or as tenants in common; and\nthe application is granted;\nthe chief executive must record in the register that the applicants hold the geothermal tenure as tenants in common.\nIn this section—\ngeothermal tenure includes a share in a geothermal tenure.\ns 351 amd 2012 No. 20 s 133 ; 2014 No. 47 ss 291 , 310 ; 2020 No. 14 s 218 sch 1\n(sec.351-ssec.1) A geothermal tenure may be held by 2 or more persons as joint tenants or as tenants in common.\n(sec.351-ssec.2) If— an application is made for a geothermal tenure, or for approval under the Common Provisions Act of a prescribed dealing that is a transfer of a geothermal tenure, for more than 1 proposed holder or transferee; and the application does not show whether the proposed holders or transferees are to hold as joint tenants or as tenants in common; and the application is granted; the chief executive must record in the register that the applicants hold the geothermal tenure as tenants in common.\n(sec.351-ssec.3) In this section— geothermal tenure includes a share in a geothermal tenure.\n- (a) an application is made for a geothermal tenure, or for approval under the Common Provisions Act of a prescribed dealing that is a transfer of a geothermal tenure, for more than 1 proposed holder or transferee; and\n- (b) the application does not show whether the proposed holders or transferees are to hold as joint tenants or as tenants in common; and\n- (c) the application is granted;","sortOrder":469},{"sectionNumber":"sec.352","sectionType":"section","heading":"Minister’s power to ensure compliance by geothermal tenure holder","content":"### sec.352 Minister’s power to ensure compliance by geothermal tenure holder\n\nThis section applies if—\na geothermal tenure holder has not complied with a requirement under this Act of the holder; and\nno other provision of this Act allows someone other than the holder to ensure compliance with the requirement.\nThe Minister may take any action the Minister considers appropriate to ensure all or part of the requirement is complied with if—\nsubsections (3) and (4) have been complied with; or\nthe holder has agreed to the Minister taking the action.\nThe Minister must give the holder notice—\nstating the requirement and the action the Minister proposes to take; and\ninviting the holder to, within a stated reasonable period, make submissions to the Minister about the proposed action.\nThe Minister must consider any submissions made by the holder within the stated period.\nA decision to take the action does not take effect until the holder is given an information notice about the decision.\nThe State may recover from the holder as a debt any reasonable costs it incurs in the exercise of the power under subsection (2) .\n(sec.352-ssec.1) This section applies if— a geothermal tenure holder has not complied with a requirement under this Act of the holder; and no other provision of this Act allows someone other than the holder to ensure compliance with the requirement.\n(sec.352-ssec.2) The Minister may take any action the Minister considers appropriate to ensure all or part of the requirement is complied with if— subsections (3) and (4) have been complied with; or the holder has agreed to the Minister taking the action.\n(sec.352-ssec.3) The Minister must give the holder notice— stating the requirement and the action the Minister proposes to take; and inviting the holder to, within a stated reasonable period, make submissions to the Minister about the proposed action.\n(sec.352-ssec.4) The Minister must consider any submissions made by the holder within the stated period.\n(sec.352-ssec.5) A decision to take the action does not take effect until the holder is given an information notice about the decision.\n(sec.352-ssec.6) The State may recover from the holder as a debt any reasonable costs it incurs in the exercise of the power under subsection (2) .\n- (a) a geothermal tenure holder has not complied with a requirement under this Act of the holder; and\n- (b) no other provision of this Act allows someone other than the holder to ensure compliance with the requirement.\n- (a) subsections (3) and (4) have been complied with; or\n- (b) the holder has agreed to the Minister taking the action.\n- (a) stating the requirement and the action the Minister proposes to take; and\n- (b) inviting the holder to, within a stated reasonable period, make submissions to the Minister about the proposed action.","sortOrder":470},{"sectionNumber":"sec.353","sectionType":"section","heading":"Power to correct or amend tenure","content":"### sec.353 Power to correct or amend tenure\n\nThe Minister may amend a geothermal tenure at any time by giving its holder a notice of the amendment and recording particulars in the relevant register if the amendment—\nis to correct a clerical error; or\nis to state, or more accurately state, the boundaries of the area of the geothermal tenure because of a survey carried out under section 133 .\nThe Minister may at any time amend a condition of the geothermal tenure if its holder agrees in writing.\nDespite subsections (1) and (2) , the following can not be amended under this section—\nthe mandatory conditions for that type of geothermal tenure;\nthe geothermal tenure’s term;\nany work program or development plan for the geothermal tenure.\nAlso, the Minister can not amend the geothermal tenure in a way that would make a provision of the tenure—\ninconsistent with the mandatory conditions for that type of geothermal tenure; or\nthe same as, or substantially the same as, or inconsistent with, any relevant environmental condition for the tenure.\n(sec.353-ssec.1) The Minister may amend a geothermal tenure at any time by giving its holder a notice of the amendment and recording particulars in the relevant register if the amendment— is to correct a clerical error; or is to state, or more accurately state, the boundaries of the area of the geothermal tenure because of a survey carried out under section 133 .\n(sec.353-ssec.2) The Minister may at any time amend a condition of the geothermal tenure if its holder agrees in writing.\n(sec.353-ssec.3) Despite subsections (1) and (2) , the following can not be amended under this section— the mandatory conditions for that type of geothermal tenure; the geothermal tenure’s term; any work program or development plan for the geothermal tenure.\n(sec.353-ssec.4) Also, the Minister can not amend the geothermal tenure in a way that would make a provision of the tenure— inconsistent with the mandatory conditions for that type of geothermal tenure; or the same as, or substantially the same as, or inconsistent with, any relevant environmental condition for the tenure.\n- (a) is to correct a clerical error; or\n- (b) is to state, or more accurately state, the boundaries of the area of the geothermal tenure because of a survey carried out under section 133 .\n- (a) the mandatory conditions for that type of geothermal tenure;\n- (b) the geothermal tenure’s term;\n- (c) any work program or development plan for the geothermal tenure.\n- (a) inconsistent with the mandatory conditions for that type of geothermal tenure; or\n- (b) the same as, or substantially the same as, or inconsistent with, any relevant environmental condition for the tenure.","sortOrder":471},{"sectionNumber":"sec.354","sectionType":"section","heading":null,"content":"### Section sec.354\n\ns 354 om 2018 No. 24 s 15","sortOrder":472},{"sectionNumber":"sec.355","sectionType":"section","heading":"Joint and several liability for conditions and for debts to State","content":"### sec.355 Joint and several liability for conditions and for debts to State\n\nIf more than 1 person holds a geothermal tenure, each holder is jointly and severally—\nresponsible for complying with its conditions; and\nliable for all debts payable under this Act and unpaid by the geothermal tenure holder to the State.\n- (a) responsible for complying with its conditions; and\n- (b) liable for all debts payable under this Act and unpaid by the geothermal tenure holder to the State.","sortOrder":473},{"sectionNumber":"ch.8-pt.1-div.2","sectionType":"division","heading":"General provisions about authorised activities","content":"## General provisions about authorised activities","sortOrder":474},{"sectionNumber":"sec.356","sectionType":"section","heading":"Authorised activities may be carried out despite rights of owner or occupier","content":"### sec.356 Authorised activities may be carried out despite rights of owner or occupier\n\nThe authorised activities for a geothermal tenure may be carried out despite the rights of an owner or occupier of land on which the activities are carried out.\nHowever, subsection (1) applies for an authorised activity only if section 357 does not prevent it from being carried out.\n(sec.356-ssec.1) The authorised activities for a geothermal tenure may be carried out despite the rights of an owner or occupier of land on which the activities are carried out.\n(sec.356-ssec.2) However, subsection (1) applies for an authorised activity only if section 357 does not prevent it from being carried out.","sortOrder":475},{"sectionNumber":"sec.357","sectionType":"section","heading":"General restrictions on right to carry out authorised activity","content":"### sec.357 General restrictions on right to carry out authorised activity\n\nThe right under this Act to carry out an authorised activity for a geothermal tenure is subject to the following—\nchapter 5 and this chapter;\ncompliance with the tenure holder’s rights and obligations under—\nchapters 2 to 6 ; and\nthis chapter; and\nsections 329 and 330 ;\nsections 329 (Geothermal tenure holder’s measurement obligations) and 330 (Duty to avoid interference in carrying out geothermal activities)\nthe mandatory conditions and the other conditions and provisions of the geothermal tenure;\nany exclusion or restriction provided for in the geothermal tenure on the carrying out of the activities;\nthe P&G Act safety provisions;\nthe Environmental Protection Act ;\nthe Water Act ;\nany other relevant Act or law.\nAlso, the right may be exercised only by the holder or someone that the holder has authorised under section 359 .\ns 357 amd 2012 No. 20 s 125 sch 1\n(sec.357-ssec.1) The right under this Act to carry out an authorised activity for a geothermal tenure is subject to the following— chapter 5 and this chapter; compliance with the tenure holder’s rights and obligations under— chapters 2 to 6 ; and this chapter; and sections 329 and 330 ; sections 329 (Geothermal tenure holder’s measurement obligations) and 330 (Duty to avoid interference in carrying out geothermal activities) the mandatory conditions and the other conditions and provisions of the geothermal tenure; any exclusion or restriction provided for in the geothermal tenure on the carrying out of the activities; the P&G Act safety provisions; the Environmental Protection Act ; the Water Act ; any other relevant Act or law.\n(sec.357-ssec.2) Also, the right may be exercised only by the holder or someone that the holder has authorised under section 359 .\n- (a) chapter 5 and this chapter;\n- (b) compliance with the tenure holder’s rights and obligations under— (i) chapters 2 to 6 ; and (ii) this chapter; and (iii) sections 329 and 330 ; Editor’s note— sections 329 (Geothermal tenure holder’s measurement obligations) and 330 (Duty to avoid interference in carrying out geothermal activities)\n- (i) chapters 2 to 6 ; and\n- (ii) this chapter; and\n- (iii) sections 329 and 330 ; Editor’s note— sections 329 (Geothermal tenure holder’s measurement obligations) and 330 (Duty to avoid interference in carrying out geothermal activities)\n- (c) the mandatory conditions and the other conditions and provisions of the geothermal tenure;\n- (d) any exclusion or restriction provided for in the geothermal tenure on the carrying out of the activities;\n- (e) the P&G Act safety provisions;\n- (f) the Environmental Protection Act ;\n- (g) the Water Act ;\n- (h) any other relevant Act or law.\n- (i) chapters 2 to 6 ; and\n- (ii) this chapter; and\n- (iii) sections 329 and 330 ; Editor’s note— sections 329 (Geothermal tenure holder’s measurement obligations) and 330 (Duty to avoid interference in carrying out geothermal activities)","sortOrder":476},{"sectionNumber":"sec.358","sectionType":"section","heading":null,"content":"### Section sec.358\n\ns 358 amd 2012 No. 20 s 281 sch 2\nom 2014 No. 47 s 303","sortOrder":477},{"sectionNumber":"sec.359","sectionType":"section","heading":"Who may carry out authorised activity for geothermal tenure holder","content":"### sec.359 Who may carry out authorised activity for geothermal tenure holder\n\nAn authorised activity for a geothermal tenure may be carried out for the holder by any of the following persons acting within the scope of the person’s authority from the holder—\nif the holder is a corporation—its officers and employees;\nthe holder’s employees or partners who are individuals;\nagents of or contractors for the holder;\nofficers and employees of or agents of or contractors for agents or contractors mentioned in paragraph (c) .\nA geothermal lease holder may also enter into a geothermal coordination arrangement under which another party to the arrangement may carry out an authorised activity for the geothermal lease. See section 138 (1) .\nThe authority may be express, or implied from—\nthe nature of the relationship between the person and the holder; or\nthe duties the person performs for the holder; or\nthe duties a person mentioned in subsection (1) customarily performs.\nIf a geothermal lease is subject to a registered sublease, the sublessee may, subject to the terms of the sublease, carry out authorised activities for the lease stated in the relevant application for approval of the sublease.\n(sec.359-ssec.1) An authorised activity for a geothermal tenure may be carried out for the holder by any of the following persons acting within the scope of the person’s authority from the holder— if the holder is a corporation—its officers and employees; the holder’s employees or partners who are individuals; agents of or contractors for the holder; officers and employees of or agents of or contractors for agents or contractors mentioned in paragraph (c) . A geothermal lease holder may also enter into a geothermal coordination arrangement under which another party to the arrangement may carry out an authorised activity for the geothermal lease. See section 138 (1) .\n(sec.359-ssec.2) The authority may be express, or implied from— the nature of the relationship between the person and the holder; or the duties the person performs for the holder; or the duties a person mentioned in subsection (1) customarily performs.\n(sec.359-ssec.3) If a geothermal lease is subject to a registered sublease, the sublessee may, subject to the terms of the sublease, carry out authorised activities for the lease stated in the relevant application for approval of the sublease.\n- (a) if the holder is a corporation—its officers and employees;\n- (b) the holder’s employees or partners who are individuals;\n- (c) agents of or contractors for the holder;\n- (d) officers and employees of or agents of or contractors for agents or contractors mentioned in paragraph (c) .\n- (a) the nature of the relationship between the person and the holder; or\n- (b) the duties the person performs for the holder; or\n- (c) the duties a person mentioned in subsection (1) customarily performs.","sortOrder":478},{"sectionNumber":"sec.360","sectionType":"section","heading":"Limitation of owner’s or occupier’s tortious liability for authorised activities","content":"### sec.360 Limitation of owner’s or occupier’s tortious liability for authorised activities\n\nThis section applies to an owner or occupier of land in the area of a geothermal tenure if—\nsomeone else carries out an authorised activity for a geothermal tenure on the land; or\nsomeone else carries out an activity on the land and, in doing so, purports to be carrying out an authorised activity for a geothermal tenure.\nThe owner or occupier is not civilly liable to anyone else for a claim based in tort for damages relating to the carrying out of the activity.\nHowever, subsection (2) does not apply to the extent the owner or occupier, or someone else authorised by the owner or occupier, caused, or contributed to, the harm the subject of the claim.\nThis section applies—\ndespite any other Act or law; and\neven though this Act or the geothermal tenure prevents or restricts the carrying out of the activity as an authorised activity for the tenure.\nSubject to subsection (2) , in this section, the terms claim , damages and harm have the same meaning that they have under the Civil Liability Act 2003 .\n(sec.360-ssec.1) This section applies to an owner or occupier of land in the area of a geothermal tenure if— someone else carries out an authorised activity for a geothermal tenure on the land; or someone else carries out an activity on the land and, in doing so, purports to be carrying out an authorised activity for a geothermal tenure.\n(sec.360-ssec.2) The owner or occupier is not civilly liable to anyone else for a claim based in tort for damages relating to the carrying out of the activity.\n(sec.360-ssec.3) However, subsection (2) does not apply to the extent the owner or occupier, or someone else authorised by the owner or occupier, caused, or contributed to, the harm the subject of the claim.\n(sec.360-ssec.4) This section applies— despite any other Act or law; and even though this Act or the geothermal tenure prevents or restricts the carrying out of the activity as an authorised activity for the tenure.\n(sec.360-ssec.5) Subject to subsection (2) , in this section, the terms claim , damages and harm have the same meaning that they have under the Civil Liability Act 2003 .\n- (a) someone else carries out an authorised activity for a geothermal tenure on the land; or\n- (b) someone else carries out an activity on the land and, in doing so, purports to be carrying out an authorised activity for a geothermal tenure.\n- (a) despite any other Act or law; and\n- (b) even though this Act or the geothermal tenure prevents or restricts the carrying out of the activity as an authorised activity for the tenure.","sortOrder":479},{"sectionNumber":"ch.8-pt.1-div.3","sectionType":"division","heading":"Provisions for when geothermal tenure ends or area reduced","content":"## Provisions for when geothermal tenure ends or area reduced","sortOrder":480},{"sectionNumber":"sec.361","sectionType":"section","heading":"Obligation to remove equipment and improvements","content":"### sec.361 Obligation to remove equipment and improvements\n\nThis section applies for equipment or improvements in a geothermal tenure’s area or on access land for a geothermal tenure that are being, or have been, used for an authorised activity for the tenure.\nHowever, this section does not apply for—\na geothermal well; or\nFor a geothermal well, see chapter 6 , part 3 , division 2 (Decommissioning of geothermal wells).\nequipment or improvements on land that, under section 189 , ceases to be in a geothermal permit’s area.\nThe holder of the geothermal tenure must, before the removal day, remove the equipment or improvements from the land unless the owner of the land otherwise agrees.\nMaximum penalty—1000 penalty units.\nTo remove any doubt, it is declared that subsection (3) applies even if the equipment or improvements are not owned by the holder.\nIn this section—\nequipment includes machinery and plant.\nremoval day means the latest of the following days—\nthe earlier of the following—\nthe day the geothermal tenure ends;\nthe day the land ceases to be in the geothermal tenure’s area;\nif before the day provided for under paragraph (a) , the Minister fixes a day—that day;\nif before a day fixed under paragraph (b) , the Minister fixes a later day—that day.\n(sec.361-ssec.1) This section applies for equipment or improvements in a geothermal tenure’s area or on access land for a geothermal tenure that are being, or have been, used for an authorised activity for the tenure.\n(sec.361-ssec.2) However, this section does not apply for— a geothermal well; or For a geothermal well, see chapter 6 , part 3 , division 2 (Decommissioning of geothermal wells). equipment or improvements on land that, under section 189 , ceases to be in a geothermal permit’s area.\n(sec.361-ssec.3) The holder of the geothermal tenure must, before the removal day, remove the equipment or improvements from the land unless the owner of the land otherwise agrees. Maximum penalty—1000 penalty units.\n(sec.361-ssec.4) To remove any doubt, it is declared that subsection (3) applies even if the equipment or improvements are not owned by the holder.\n(sec.361-ssec.5) In this section— equipment includes machinery and plant. removal day means the latest of the following days— the earlier of the following— the day the geothermal tenure ends; the day the land ceases to be in the geothermal tenure’s area; if before the day provided for under paragraph (a) , the Minister fixes a day—that day; if before a day fixed under paragraph (b) , the Minister fixes a later day—that day.\n- (a) a geothermal well; or Note— For a geothermal well, see chapter 6 , part 3 , division 2 (Decommissioning of geothermal wells).\n- (b) equipment or improvements on land that, under section 189 , ceases to be in a geothermal permit’s area.\n- (a) the earlier of the following— (i) the day the geothermal tenure ends; (ii) the day the land ceases to be in the geothermal tenure’s area;\n- (i) the day the geothermal tenure ends;\n- (ii) the day the land ceases to be in the geothermal tenure’s area;\n- (b) if before the day provided for under paragraph (a) , the Minister fixes a day—that day;\n- (c) if before a day fixed under paragraph (b) , the Minister fixes a later day—that day.\n- (i) the day the geothermal tenure ends;\n- (ii) the day the land ceases to be in the geothermal tenure’s area;","sortOrder":481},{"sectionNumber":"sec.362","sectionType":"section","heading":"Authorisation to enter to facilitate compliance","content":"### sec.362 Authorisation to enter to facilitate compliance\n\nThe Minister may, by notice, authorise a former holder of a geothermal tenure to enter any of the following land to comply with, or remedy a contravention of, section 129 or this division—\nthe land to which section 129 or this division applies ( primary land );\nsection 129 (Compliance with land access code)\nany other land ( secondary land ) necessary or desirable to cross for access to the primary land.\nThe Common Provisions Act , chapter 3 , parts 2 (other than division 5 ), 3 and 7 , and sections 20 and 132 of this Act apply to the former holder for the authorisation as if—\nthe geothermal tenure were still in force (the notional tenure ); and\nthe former holder is the holder of the notional tenure; and\nthe primary land and any secondary land are in the notional tenure’s area; and\nthe compliance or the remedying of the contravention were authorised activities for the notional tenure.\nHowever, the power under this section does not include the power to enter a structure or a part of a structure used for residential purposes without the consent of the occupier of the structure or part of the structure.\nIf the former holder intends to enter the land and any occupier of the land is present at the land, the former holder also must show or make a reasonable attempt to show the occupier the former holder’s authorisation under this section.\ns 362 amd 2014 No. 47 s 304\n(sec.362-ssec.1) The Minister may, by notice, authorise a former holder of a geothermal tenure to enter any of the following land to comply with, or remedy a contravention of, section 129 or this division— the land to which section 129 or this division applies ( primary land ); section 129 (Compliance with land access code) any other land ( secondary land ) necessary or desirable to cross for access to the primary land.\n(sec.362-ssec.2) The Common Provisions Act , chapter 3 , parts 2 (other than division 5 ), 3 and 7 , and sections 20 and 132 of this Act apply to the former holder for the authorisation as if— the geothermal tenure were still in force (the notional tenure ); and the former holder is the holder of the notional tenure; and the primary land and any secondary land are in the notional tenure’s area; and the compliance or the remedying of the contravention were authorised activities for the notional tenure.\n(sec.362-ssec.3) However, the power under this section does not include the power to enter a structure or a part of a structure used for residential purposes without the consent of the occupier of the structure or part of the structure.\n(sec.362-ssec.4) If the former holder intends to enter the land and any occupier of the land is present at the land, the former holder also must show or make a reasonable attempt to show the occupier the former holder’s authorisation under this section.\n- (a) the land to which section 129 or this division applies ( primary land ); Editor’s note— section 129 (Compliance with land access code)\n- (b) any other land ( secondary land ) necessary or desirable to cross for access to the primary land.\n- (a) the geothermal tenure were still in force (the notional tenure ); and\n- (b) the former holder is the holder of the notional tenure; and\n- (c) the primary land and any secondary land are in the notional tenure’s area; and\n- (d) the compliance or the remedying of the contravention were authorised activities for the notional tenure.","sortOrder":482},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Applications, lodging documents and making submissions","content":"# Applications, lodging documents and making submissions","sortOrder":483},{"sectionNumber":"sec.363","sectionType":"section","heading":"Place or way for making applications, lodging documents or making submissions","content":"### sec.363 Place or way for making applications, lodging documents or making submissions\n\nThis section applies to any of the following under this Act—\nthe making of an application;\nthe giving of a document to the Minister or the chief executive;\nthe making of a submission.\nThe application, document or submission may be made or given only—\nat the following place—\nthe office of the department provided for under the relevant approved form for that purpose;\nif the relevant approved form does not make provision as mentioned in subparagraph (i) or if there is no relevant approved form—the office of the department notified on the department’s website; or\nin the way prescribed under a regulation.\nWithout limiting subsection (2) (b) , the way prescribed under a regulation may include making or giving the application, document or submission at another place.\nThis section does not apply to the following—\nthe making of an application to the Land Court;\nthe giving of a royalty return under section 106 to the chief executive;\nthe giving of a document that, under this Act, must be given in the required way for giving reports to the chief executive.\ns 363 amd 2012 No. 20 s 134\n(sec.363-ssec.1) This section applies to any of the following under this Act— the making of an application; the giving of a document to the Minister or the chief executive; the making of a submission.\n(sec.363-ssec.2) The application, document or submission may be made or given only— at the following place— the office of the department provided for under the relevant approved form for that purpose; if the relevant approved form does not make provision as mentioned in subparagraph (i) or if there is no relevant approved form—the office of the department notified on the department’s website; or in the way prescribed under a regulation.\n(sec.363-ssec.3) Without limiting subsection (2) (b) , the way prescribed under a regulation may include making or giving the application, document or submission at another place.\n(sec.363-ssec.4) This section does not apply to the following— the making of an application to the Land Court; the giving of a royalty return under section 106 to the chief executive; the giving of a document that, under this Act, must be given in the required way for giving reports to the chief executive.\n- (a) the making of an application;\n- (b) the giving of a document to the Minister or the chief executive;\n- (c) the making of a submission.\n- (a) at the following place— (i) the office of the department provided for under the relevant approved form for that purpose; (ii) if the relevant approved form does not make provision as mentioned in subparagraph (i) or if there is no relevant approved form—the office of the department notified on the department’s website; or\n- (i) the office of the department provided for under the relevant approved form for that purpose;\n- (ii) if the relevant approved form does not make provision as mentioned in subparagraph (i) or if there is no relevant approved form—the office of the department notified on the department’s website; or\n- (b) in the way prescribed under a regulation.\n- (i) the office of the department provided for under the relevant approved form for that purpose;\n- (ii) if the relevant approved form does not make provision as mentioned in subparagraph (i) or if there is no relevant approved form—the office of the department notified on the department’s website; or\n- (a) the making of an application to the Land Court;\n- (b) the giving of a royalty return under section 106 to the chief executive;\n- (c) the giving of a document that, under this Act, must be given in the required way for giving reports to the chief executive.","sortOrder":484},{"sectionNumber":"sec.364","sectionType":"section","heading":"Requirements for making an application","content":"### sec.364 Requirements for making an application\n\nThe Minister must refuse to receive or process a purported application, other than to the Land Court, not made under the requirements under this Act for making the application.\nHowever, the Minister may decide to allow the application to proceed and be decided as if it did comply with the requirements if the Minister is satisfied the application substantially complies with the requirements.\nIf the Minister decides to refuse to receive or process the purported application—\nthe Minister must give the applicant notice of the decision and the reasons for it; and\nthe chief executive must refund the application fee to the applicant.\ns 364 amd 2012 No. 20 s 135\n(sec.364-ssec.1) The Minister must refuse to receive or process a purported application, other than to the Land Court, not made under the requirements under this Act for making the application.\n(sec.364-ssec.2) However, the Minister may decide to allow the application to proceed and be decided as if it did comply with the requirements if the Minister is satisfied the application substantially complies with the requirements.\n(sec.364-ssec.3) If the Minister decides to refuse to receive or process the purported application— the Minister must give the applicant notice of the decision and the reasons for it; and the chief executive must refund the application fee to the applicant.\n- (a) the Minister must give the applicant notice of the decision and the reasons for it; and\n- (b) the chief executive must refund the application fee to the applicant.","sortOrder":485},{"sectionNumber":"sec.365","sectionType":"section","heading":"Request to applicant about application","content":"### sec.365 Request to applicant about application\n\nFor an application under this Act, the chief executive may, by notice, require the applicant to do all or any of the following within a stated reasonable period—\ncomplete or correct the application if it appears to the chief executive to be incorrect, incomplete or defective;\ngive the chief executive or a stated officer of the department additional information about, or relevant to, the application;\nThe application is for a geothermal tenure. The chief executive may require a document, prepared by an appropriately qualified person, independently verifying geological or predictive migration data given in the proposed work program or development plan for the tenure.\ngive the chief executive or a stated officer of the department an independent report by an appropriately qualified person or a statement or statutory declaration verifying all or any of the following—\nany information included in the application;\nany additional information required under paragraph (b) ;\nif the application is for a geothermal tenure—that the applicant meets the capability criteria.\nFor subsection (1) (b) , if the application is for a geothermal tenure, a required document may include a survey or resurvey of the area of the proposed tenure carried out by a person who is a cadastral surveyor under the Surveyors Act 2003 .\nFor subsection (1) (c) , the notice may require the statement or statutory declaration—\nto be made by an appropriately qualified independent person or by the applicant; and\nif the applicant is a corporation—to be made for the applicant by an executive officer of the applicant.\nThe giving of a statement for subsection (1) (c) does not prevent the chief executive from also requiring a statutory declaration for the subsection.\nThe applicant must bear any costs incurred in complying with the notice.\nThe chief executive may extend the period for complying with the notice.\nIn this section—\napplication does not include an application to the Land Court.\ninformation includes a document.\ns 365 sub 2012 No. 20 s 136\n(sec.365-ssec.1) For an application under this Act, the chief executive may, by notice, require the applicant to do all or any of the following within a stated reasonable period— complete or correct the application if it appears to the chief executive to be incorrect, incomplete or defective; give the chief executive or a stated officer of the department additional information about, or relevant to, the application; The application is for a geothermal tenure. The chief executive may require a document, prepared by an appropriately qualified person, independently verifying geological or predictive migration data given in the proposed work program or development plan for the tenure. give the chief executive or a stated officer of the department an independent report by an appropriately qualified person or a statement or statutory declaration verifying all or any of the following— any information included in the application; any additional information required under paragraph (b) ; if the application is for a geothermal tenure—that the applicant meets the capability criteria.\n(sec.365-ssec.2) For subsection (1) (b) , if the application is for a geothermal tenure, a required document may include a survey or resurvey of the area of the proposed tenure carried out by a person who is a cadastral surveyor under the Surveyors Act 2003 .\n(sec.365-ssec.3) For subsection (1) (c) , the notice may require the statement or statutory declaration— to be made by an appropriately qualified independent person or by the applicant; and if the applicant is a corporation—to be made for the applicant by an executive officer of the applicant.\n(sec.365-ssec.4) The giving of a statement for subsection (1) (c) does not prevent the chief executive from also requiring a statutory declaration for the subsection.\n(sec.365-ssec.5) The applicant must bear any costs incurred in complying with the notice.\n(sec.365-ssec.6) The chief executive may extend the period for complying with the notice.\n(sec.365-ssec.7) In this section— application does not include an application to the Land Court. information includes a document.\n- (a) complete or correct the application if it appears to the chief executive to be incorrect, incomplete or defective;\n- (b) give the chief executive or a stated officer of the department additional information about, or relevant to, the application; Example— The application is for a geothermal tenure. The chief executive may require a document, prepared by an appropriately qualified person, independently verifying geological or predictive migration data given in the proposed work program or development plan for the tenure.\n- (c) give the chief executive or a stated officer of the department an independent report by an appropriately qualified person or a statement or statutory declaration verifying all or any of the following— (i) any information included in the application; (ii) any additional information required under paragraph (b) ; (iii) if the application is for a geothermal tenure—that the applicant meets the capability criteria.\n- (i) any information included in the application;\n- (ii) any additional information required under paragraph (b) ;\n- (iii) if the application is for a geothermal tenure—that the applicant meets the capability criteria.\n- (i) any information included in the application;\n- (ii) any additional information required under paragraph (b) ;\n- (iii) if the application is for a geothermal tenure—that the applicant meets the capability criteria.\n- (a) to be made by an appropriately qualified independent person or by the applicant; and\n- (b) if the applicant is a corporation—to be made for the applicant by an executive officer of the applicant.","sortOrder":486},{"sectionNumber":"sec.366","sectionType":"section","heading":"Refusing application for failure to comply with request","content":"### sec.366 Refusing application for failure to comply with request\n\nThe Minister may refuse an application if—\na notice under section 365 has been given for the application; and\nthe period stated in the notice for complying with it has ended; and\nthe request has not been complied with to the chief executive’s satisfaction.\ns 366 amd 2012 No. 20 s 137\n- (a) a notice under section 365 has been given for the application; and\n- (b) the period stated in the notice for complying with it has ended; and\n- (c) the request has not been complied with to the chief executive’s satisfaction.","sortOrder":487},{"sectionNumber":"sec.366A","sectionType":"section","heading":"Notice to progress geothermal tenure or renewal application","content":"### sec.366A Notice to progress geothermal tenure or renewal application\n\nThe Minister may by notice require an applicant for, or to renew, a geothermal tenure to, within a stated reasonable period, do any thing required of the applicant under this Act or another Act to allow the application to be decided or the tenure to be granted or renewed.\nHowever, the period for complying with the notice must be at least 20 business days after the notice is given.\nThe Minister may extend the period for complying with the notice.\nThe Minister may refuse the application if the applicant does not comply with the requirement.\ns 366A ins 2012 No. 20 s 138\n(sec.366A-ssec.1) The Minister may by notice require an applicant for, or to renew, a geothermal tenure to, within a stated reasonable period, do any thing required of the applicant under this Act or another Act to allow the application to be decided or the tenure to be granted or renewed.\n(sec.366A-ssec.2) However, the period for complying with the notice must be at least 20 business days after the notice is given.\n(sec.366A-ssec.3) The Minister may extend the period for complying with the notice.\n(sec.366A-ssec.4) The Minister may refuse the application if the applicant does not comply with the requirement.","sortOrder":488},{"sectionNumber":"sec.367","sectionType":"section","heading":"Particular criteria generally not exhaustive","content":"### sec.367 Particular criteria generally not exhaustive\n\nThis section applies if another provision of this Act permits or requires the Minister to consider particular criteria in deciding an application.\nTo remove any doubt, it is declared that the Minister may in making the decision consider any other criteria the Minister considers relevant.\nHowever, subsection (2) does not apply if the provision otherwise provides.\nIn this section—\ncriteria includes issues and matters.\n(sec.367-ssec.1) This section applies if another provision of this Act permits or requires the Minister to consider particular criteria in deciding an application.\n(sec.367-ssec.2) To remove any doubt, it is declared that the Minister may in making the decision consider any other criteria the Minister considers relevant.\n(sec.367-ssec.3) However, subsection (2) does not apply if the provision otherwise provides.\n(sec.367-ssec.4) In this section— criteria includes issues and matters.","sortOrder":489},{"sectionNumber":"sec.368","sectionType":"section","heading":"Particular grounds for refusal generally not exhaustive","content":"### sec.368 Particular grounds for refusal generally not exhaustive\n\nThis section applies if another provision of this Act provides for particular grounds on which the Minister may refuse an application.\nTo remove any doubt, unless the other provision otherwise provides, the Minister may refuse the application on another reasonable and relevant ground.\nIn this section—\nrefuse , an application, includes refuse the thing the subject of the application.\n(sec.368-ssec.1) This section applies if another provision of this Act provides for particular grounds on which the Minister may refuse an application.\n(sec.368-ssec.2) To remove any doubt, unless the other provision otherwise provides, the Minister may refuse the application on another reasonable and relevant ground.\n(sec.368-ssec.3) In this section— refuse , an application, includes refuse the thing the subject of the application.","sortOrder":490},{"sectionNumber":"sec.369","sectionType":"section","heading":"Amending applications","content":"### sec.369 Amending applications\n\nIf a person has made an application under this Act, the person may amend the application or a document accompanying the application only if—\nthe application has not been decided; and\nthe Minister has agreed to the making of the amendment; and\nif the amendment is to change the applicant—each applicant and proposed applicant has agreed to the change; and\nthe person has paid any fee prescribed by regulation for the amendment.\nIf, under subsection (1) , the application is amended to change the applicant, for the deciding of the application the applicant as changed is taken to have been the applicant from the making of the application.\ns 369 amd 2014 No. 47 s 292\n(sec.369-ssec.1) If a person has made an application under this Act, the person may amend the application or a document accompanying the application only if— the application has not been decided; and the Minister has agreed to the making of the amendment; and if the amendment is to change the applicant—each applicant and proposed applicant has agreed to the change; and the person has paid any fee prescribed by regulation for the amendment.\n(sec.369-ssec.2) If, under subsection (1) , the application is amended to change the applicant, for the deciding of the application the applicant as changed is taken to have been the applicant from the making of the application.\n- (a) the application has not been decided; and\n- (b) the Minister has agreed to the making of the amendment; and\n- (c) if the amendment is to change the applicant—each applicant and proposed applicant has agreed to the change; and\n- (d) the person has paid any fee prescribed by regulation for the amendment.","sortOrder":491},{"sectionNumber":"sec.370","sectionType":"section","heading":"Withdrawal of application","content":"### sec.370 Withdrawal of application\n\nA person who has made an application under this Act may give the chief executive a notice withdrawing the application at any time before any decision about the application takes effect.\nThe withdrawal takes effect when the notice is given.\n(sec.370-ssec.1) A person who has made an application under this Act may give the chief executive a notice withdrawing the application at any time before any decision about the application takes effect.\n(sec.370-ssec.2) The withdrawal takes effect when the notice is given.","sortOrder":492},{"sectionNumber":"sec.371","sectionType":"section","heading":"Minister’s power to refund application fee","content":"### sec.371 Minister’s power to refund application fee\n\nIf an application under this Act is withdrawn, the Minister may refund all or part of any fee paid for the application.","sortOrder":493},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Other miscellaneous provisions","content":"# Other miscellaneous provisions","sortOrder":494},{"sectionNumber":"sec.372","sectionType":"section","heading":"Interest on amounts owing to the State","content":"### sec.372 Interest on amounts owing to the State\n\nInterest is payable to the State on any amount owing under this Act by anyone to the State and unpaid from time to time after the relevant day.\nannual or other rent\na civil penalty for nonpayment of annual rent\nThe interest accrues daily at the rate prescribed under a regulation on the unpaid amount for the period starting on the day immediately after the amount became payable and ending on the day the amount owing on which interest is payable is paid in full, both days inclusive.\nAny amount received in payment of the unpaid amount or the interest must first be applied in payment of the interest.\nSubsection (3) applies despite any order or direction of the payer.\nIn this section—\nrelevant day means the following—\nfor an amount for annual or other rent or a civil penalty for nonpayment of annual rent—the day that is 3 months after the last day for payment of the rent or civil penalty;\nfor another amount—the day the amount becomes owing.\n(sec.372-ssec.1) Interest is payable to the State on any amount owing under this Act by anyone to the State and unpaid from time to time after the relevant day. annual or other rent a civil penalty for nonpayment of annual rent\n(sec.372-ssec.2) The interest accrues daily at the rate prescribed under a regulation on the unpaid amount for the period starting on the day immediately after the amount became payable and ending on the day the amount owing on which interest is payable is paid in full, both days inclusive.\n(sec.372-ssec.3) Any amount received in payment of the unpaid amount or the interest must first be applied in payment of the interest.\n(sec.372-ssec.4) Subsection (3) applies despite any order or direction of the payer.\n(sec.372-ssec.5) In this section— relevant day means the following— for an amount for annual or other rent or a civil penalty for nonpayment of annual rent—the day that is 3 months after the last day for payment of the rent or civil penalty; for another amount—the day the amount becomes owing.\n- • annual or other rent\n- • a civil penalty for nonpayment of annual rent\n- (a) for an amount for annual or other rent or a civil penalty for nonpayment of annual rent—the day that is 3 months after the last day for payment of the rent or civil penalty;\n- (b) for another amount—the day the amount becomes owing.","sortOrder":495},{"sectionNumber":"sec.373","sectionType":"section","heading":"Recovery of unpaid amounts","content":"### sec.373 Recovery of unpaid amounts\n\nIf a provision of this Act requires a geothermal tenure holder to pay the State an amount (including interest) the State may recover the amount from the holder as a debt.\nIn this section—\nholder includes a former holder of the geothermal tenure about whom the remedial powers were exercised.\n(sec.373-ssec.1) If a provision of this Act requires a geothermal tenure holder to pay the State an amount (including interest) the State may recover the amount from the holder as a debt.\n(sec.373-ssec.2) In this section— holder includes a former holder of the geothermal tenure about whom the remedial powers were exercised.","sortOrder":496},{"sectionNumber":"sec.374","sectionType":"section","heading":"General public interest criteria for particular Ministerial decisions","content":"### sec.374 General public interest criteria for particular Ministerial decisions\n\nThis section does not apply to an application for or about a geothermal permit.\nThe Minister must consider the public interest in making a decision under this Act about an application or the granting of an approval by the Minister.\nIf—\nanother provision of this Act permits or requires the Minister to make a decision; and\nthe other provision does not require the Minister to consider the public interest;\nthe Minister may still consider the public interest in making the decision.\n(sec.374-ssec.1) This section does not apply to an application for or about a geothermal permit.\n(sec.374-ssec.2) The Minister must consider the public interest in making a decision under this Act about an application or the granting of an approval by the Minister.\n(sec.374-ssec.3) If— another provision of this Act permits or requires the Minister to make a decision; and the other provision does not require the Minister to consider the public interest; the Minister may still consider the public interest in making the decision.\n- (a) another provision of this Act permits or requires the Minister to make a decision; and\n- (b) the other provision does not require the Minister to consider the public interest;","sortOrder":497},{"sectionNumber":"sec.375","sectionType":"section","heading":"Provision for entry by State to carry out geothermal activity","content":"### sec.375 Provision for entry by State to carry out geothermal activity\n\nIf the State proposes to exercise a right under section 29 (3) (b) (i) , the right may be exercised by anyone authorised by the chief executive.\nHowever, a person authorised under subsection (1) may enter the land only if the person has given the owner of the land at least 5 business days notice of the proposed entry.\nTo remove any doubt, it is declared that subsection (2) does not apply to an inspector or authorised officer performing functions under the P&G Act relating to this Act.\n(sec.375-ssec.1) If the State proposes to exercise a right under section 29 (3) (b) (i) , the right may be exercised by anyone authorised by the chief executive.\n(sec.375-ssec.2) However, a person authorised under subsection (1) may enter the land only if the person has given the owner of the land at least 5 business days notice of the proposed entry.\n(sec.375-ssec.3) To remove any doubt, it is declared that subsection (2) does not apply to an inspector or authorised officer performing functions under the P&G Act relating to this Act.","sortOrder":498},{"sectionNumber":"sec.376","sectionType":"section","heading":"Name and address for service","content":"### sec.376 Name and address for service\n\nA person (the first person ) may by a signed notice given to the chief executive nominate another person (a nominated person ) at a stated address as the first person’s address for service for this Act.\nIf this Act requires or permits the Minister or chief executive to serve a notice or other document on the first person, it may be served on the first person by serving it on the last nominated person at the stated address for that person.\nIn this section—\nserve includes give.\n(sec.376-ssec.1) A person (the first person ) may by a signed notice given to the chief executive nominate another person (a nominated person ) at a stated address as the first person’s address for service for this Act.\n(sec.376-ssec.2) If this Act requires or permits the Minister or chief executive to serve a notice or other document on the first person, it may be served on the first person by serving it on the last nominated person at the stated address for that person.\n(sec.376-ssec.3) In this section— serve includes give.","sortOrder":499},{"sectionNumber":"sec.377","sectionType":"section","heading":"Notice of agents","content":"### sec.377 Notice of agents\n\nA person carrying out functions under this Act (the first person ) may refuse to deal with a person who claims to be acting as the agent of a geothermal tenure holder unless the holder has given the first person notice of the agency.","sortOrder":500},{"sectionNumber":"sec.378","sectionType":"section","heading":"Additional information about reports and other matters","content":"### sec.378 Additional information about reports and other matters\n\nThis section applies if—\na person is required under this Act to give a notice or copy of a document, report or information (the advice ) to the Minister or the chief executive; and\nthe person gives the advice.\nThe Minister or chief executive may by notice require the person to give, within the reasonable time stated in the notice, written information about the matter for which the advice was given.\nThe person must comply with the notice.\nMaximum penalty for subsection (3) —500 penalty units.\n(sec.378-ssec.1) This section applies if— a person is required under this Act to give a notice or copy of a document, report or information (the advice ) to the Minister or the chief executive; and the person gives the advice.\n(sec.378-ssec.2) The Minister or chief executive may by notice require the person to give, within the reasonable time stated in the notice, written information about the matter for which the advice was given.\n(sec.378-ssec.3) The person must comply with the notice. Maximum penalty for subsection (3) —500 penalty units.\n- (a) a person is required under this Act to give a notice or copy of a document, report or information (the advice ) to the Minister or the chief executive; and\n- (b) the person gives the advice.","sortOrder":501},{"sectionNumber":"sec.379","sectionType":"section","heading":"References to right to enter","content":"### sec.379 References to right to enter\n\nA right under this Act to enter a place includes the right to—\nleave and re-enter the place from time to time; and\nremain on the place for the time necessary to achieve the purpose of the entry; and\ntake on the place equipment, materials, vehicles or other things reasonably necessary to exercise a power under this Act.\n- (a) leave and re-enter the place from time to time; and\n- (b) remain on the place for the time necessary to achieve the purpose of the entry; and\n- (c) take on the place equipment, materials, vehicles or other things reasonably necessary to exercise a power under this Act.","sortOrder":502},{"sectionNumber":"sec.380","sectionType":"section","heading":"Application of provisions","content":"### sec.380 Application of provisions\n\nIf a provision of this Act applies any of the following (the applied law ) for a purpose—\nanother provision of this Act;\nanother law;\na provision of another law;\nfor that purpose the applied law and any definition relevant to it apply with necessary changes.\n- (a) another provision of this Act;\n- (b) another law;\n- (c) a provision of another law;","sortOrder":503},{"sectionNumber":"sec.381","sectionType":"section","heading":"Protection from liability for particular persons","content":"### sec.381 Protection from liability for particular persons\n\nA person as follows (a designated person ) does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act—\nthe Minister;\na public service officer or public service employee;\na person if—\nthe person has, under section 375 , been authorised to carry out an activity for the State; and\nthe act or omission happened while the person was acting within the scope of that authority;\na geothermal tenure holder given a direction under this Act who is complying with the direction.\nFor subsection (1) (b) , it does not matter what is the form of appointment or employment of the person.\nIf subsection (1) prevents a civil liability attaching to a designated person, the liability attaches instead to the State.\nIn this section—\ncivil liability includes liability for the payment of costs ordered to be paid in a proceeding for an offence against this Act.\n(sec.381-ssec.1) A person as follows (a designated person ) does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act— the Minister; a public service officer or public service employee; a person if— the person has, under section 375 , been authorised to carry out an activity for the State; and the act or omission happened while the person was acting within the scope of that authority; a geothermal tenure holder given a direction under this Act who is complying with the direction.\n(sec.381-ssec.2) For subsection (1) (b) , it does not matter what is the form of appointment or employment of the person.\n(sec.381-ssec.3) If subsection (1) prevents a civil liability attaching to a designated person, the liability attaches instead to the State.\n(sec.381-ssec.4) In this section— civil liability includes liability for the payment of costs ordered to be paid in a proceeding for an offence against this Act.\n- (a) the Minister;\n- (b) a public service officer or public service employee;\n- (c) a person if— (i) the person has, under section 375 , been authorised to carry out an activity for the State; and (ii) the act or omission happened while the person was acting within the scope of that authority;\n- (i) the person has, under section 375 , been authorised to carry out an activity for the State; and\n- (ii) the act or omission happened while the person was acting within the scope of that authority;\n- (d) a geothermal tenure holder given a direction under this Act who is complying with the direction.\n- (i) the person has, under section 375 , been authorised to carry out an activity for the State; and\n- (ii) the act or omission happened while the person was acting within the scope of that authority;","sortOrder":504},{"sectionNumber":"sec.382","sectionType":"section","heading":"Delegation by Minister or chief executive","content":"### sec.382 Delegation by Minister or chief executive\n\nThe Minister may delegate the Minister’s functions under this Act to an appropriately qualified public service officer or public service employee.\nThe chief executive may delegate the chief executive’s functions under this Act to an appropriately qualified public service officer or employee.\nIn this section—\nfunctions includes powers.\n(sec.382-ssec.1) The Minister may delegate the Minister’s functions under this Act to an appropriately qualified public service officer or public service employee.\n(sec.382-ssec.2) The chief executive may delegate the chief executive’s functions under this Act to an appropriately qualified public service officer or employee.\n(sec.382-ssec.3) In this section— functions includes powers.","sortOrder":505},{"sectionNumber":"sec.383","sectionType":"section","heading":null,"content":"### Section sec.383\n\ns 383 amd 2012 No. 20 s 139\nom 2014 No. 47 s 311","sortOrder":506},{"sectionNumber":"sec.384","sectionType":"section","heading":"Approved forms","content":"### sec.384 Approved forms\n\nThe chief executive may approve forms for use under this Act.\nA form may be approved for use under this Act that is combined with or is to be used together with an approved form under another Act.\n(sec.384-ssec.1) The chief executive may approve forms for use under this Act.\n(sec.384-ssec.2) A form may be approved for use under this Act that is combined with or is to be used together with an approved form under another Act.","sortOrder":507},{"sectionNumber":"sec.385","sectionType":"section","heading":"Regulation-making power","content":"### sec.385 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may be made about the following—\nassessing the viability of geothermal production under geothermal tenures, including, for example—\nrequiring geothermal tenure holders to give reports about the viability of geothermal production under their tenure (a geothermal viability report ); and\nempowering the Minister to make an independent assessment of the viability of carrying out geothermal production in all or part of a geothermal tenure’s area (an independent viability assessment ); and\nproviding for who must pay the cost of an independent viability assessment;\nthe way an application, document or submission must be made or given for section 363 (2) (b) , or the way a report must be given for section 190 (3) (b) , including, for example—\npractices and procedures for lodgement of applications and other documents; and\nmethods for acknowledging receipt of documents; and\nmethods for acceptance of the lodgement of documents; and\nthe time at which a document is taken to have been lodged, but only to the extent that this Act does not provide otherwise;\nrequiring lodgement of a hard copy of the application, document or submission;\nthe fees payable under this Act including late payment fees;\nthe conditions of geothermal tenures;\nimposing a penalty, of no more than 20 penalty units, for a contravention of a regulation.\ns 385 amd 2012 No. 20 s 140 ; 2013 No. 10 s 41\n(sec.385-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.385-ssec.2) A regulation may be made about the following— assessing the viability of geothermal production under geothermal tenures, including, for example— requiring geothermal tenure holders to give reports about the viability of geothermal production under their tenure (a geothermal viability report ); and empowering the Minister to make an independent assessment of the viability of carrying out geothermal production in all or part of a geothermal tenure’s area (an independent viability assessment ); and providing for who must pay the cost of an independent viability assessment; the way an application, document or submission must be made or given for section 363 (2) (b) , or the way a report must be given for section 190 (3) (b) , including, for example— practices and procedures for lodgement of applications and other documents; and methods for acknowledging receipt of documents; and methods for acceptance of the lodgement of documents; and the time at which a document is taken to have been lodged, but only to the extent that this Act does not provide otherwise; requiring lodgement of a hard copy of the application, document or submission; the fees payable under this Act including late payment fees; the conditions of geothermal tenures; imposing a penalty, of no more than 20 penalty units, for a contravention of a regulation.\n- (a) assessing the viability of geothermal production under geothermal tenures, including, for example— (i) requiring geothermal tenure holders to give reports about the viability of geothermal production under their tenure (a geothermal viability report ); and (ii) empowering the Minister to make an independent assessment of the viability of carrying out geothermal production in all or part of a geothermal tenure’s area (an independent viability assessment ); and (iii) providing for who must pay the cost of an independent viability assessment;\n- (i) requiring geothermal tenure holders to give reports about the viability of geothermal production under their tenure (a geothermal viability report ); and\n- (ii) empowering the Minister to make an independent assessment of the viability of carrying out geothermal production in all or part of a geothermal tenure’s area (an independent viability assessment ); and\n- (iii) providing for who must pay the cost of an independent viability assessment;\n- (b) the way an application, document or submission must be made or given for section 363 (2) (b) , or the way a report must be given for section 190 (3) (b) , including, for example— (i) practices and procedures for lodgement of applications and other documents; and (ii) methods for acknowledging receipt of documents; and (iii) methods for acceptance of the lodgement of documents; and (iv) the time at which a document is taken to have been lodged, but only to the extent that this Act does not provide otherwise;\n- (i) practices and procedures for lodgement of applications and other documents; and\n- (ii) methods for acknowledging receipt of documents; and\n- (iii) methods for acceptance of the lodgement of documents; and\n- (iv) the time at which a document is taken to have been lodged, but only to the extent that this Act does not provide otherwise;\n- (c) requiring lodgement of a hard copy of the application, document or submission;\n- (d) the fees payable under this Act including late payment fees;\n- (e) the conditions of geothermal tenures;\n- (f) imposing a penalty, of no more than 20 penalty units, for a contravention of a regulation.\n- (i) requiring geothermal tenure holders to give reports about the viability of geothermal production under their tenure (a geothermal viability report ); and\n- (ii) empowering the Minister to make an independent assessment of the viability of carrying out geothermal production in all or part of a geothermal tenure’s area (an independent viability assessment ); and\n- (iii) providing for who must pay the cost of an independent viability assessment;\n- (i) practices and procedures for lodgement of applications and other documents; and\n- (ii) methods for acknowledging receipt of documents; and\n- (iii) methods for acceptance of the lodgement of documents; and\n- (iv) the time at which a document is taken to have been lodged, but only to the extent that this Act does not provide otherwise;","sortOrder":508},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Repeal provisions","content":"# Repeal provisions","sortOrder":509},{"sectionNumber":"sec.386","sectionType":"section","heading":"Repeal of Geothermal Exploration Act 2004","content":"### sec.386 Repeal of Geothermal Exploration Act 2004\n\nThe Geothermal Exploration Act 2004 , No. 12 is repealed.","sortOrder":510},{"sectionNumber":"sec.387","sectionType":"section","heading":"Repeal of Timber Utilisation and Marketing Act 1987","content":"### sec.387 Repeal of Timber Utilisation and Marketing Act 1987\n\nThe Timber Utilisation and Marketing Act 1987 , No. 30 is repealed.","sortOrder":511},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Transitional provisions for Act No. 31 of 2010","content":"# Transitional provisions for Act No. 31 of 2010","sortOrder":512},{"sectionNumber":"ch.9-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":513},{"sectionNumber":"sec.388","sectionType":"section","heading":"Definitions for pt 2","content":"### sec.388 Definitions for pt 2\n\nIn this part—\n2004 Act means the Geothermal Exploration Act 2004 , to be repealed under section 386.\n2004 Act permit means a geothermal exploration permit under the 2004 Act .\n2010 Act permit means a geothermal permit under this Act.\n2010 Act start day means the day section 386 commences.\nassent means the date of assent of this Act.\nBirdsville lease see section 389(1).\nErgon Energy means—\nErgon Energy Corporation Limited ACN 087 646 062; or\nif, after assent, anyone else becomes a holder of the Birdsville lease—the holder of that lease.\nnew land access provisions start day means the day section 480 commences.\n- (a) Ergon Energy Corporation Limited ACN 087 646 062; or\n- (b) if, after assent, anyone else becomes a holder of the Birdsville lease—the holder of that lease.","sortOrder":514},{"sectionNumber":"ch.9-pt.2-div.2","sectionType":"division","heading":"Provisions for Ergon Energy geothermal production near Birdsville","content":"## Provisions for Ergon Energy geothermal production near Birdsville","sortOrder":515},{"sectionNumber":"sec.389","sectionType":"section","heading":"Geothermal lease for Ergon Energy","content":"### sec.389 Geothermal lease for Ergon Energy\n\nOn assent, Ergon Energy is taken to have been granted a geothermal lease (the Birdsville lease ) for the following sub-blocks—\nBlock\nSub-blocks\n1600\nP, T, U, Y, Z\n1601\nL, M, N, O, Q, R, S, T, V, W, X, Y\n1672\nD, E\n1673\nA, B, C, F, G, H\nThe term of the Birdsville lease is 5 years from assent.\nThis Act applies to the Birdsville lease as if all of this Act, other than chapters 2 and 3, had commenced on assent.\nIn this section—\nblock identification map means a map that forms part of the series of maps known as the ‘Block Identification Map—Series B’ held by the department.\n(sec.389-ssec.1) On assent, Ergon Energy is taken to have been granted a geothermal lease (the Birdsville lease ) for the following sub-blocks— Block Sub-blocks 1600 P, T, U, Y, Z 1601 L, M, N, O, Q, R, S, T, V, W, X, Y 1672 D, E 1673 A, B, C, F, G, H\n(sec.389-ssec.2) The term of the Birdsville lease is 5 years from assent.\n(sec.389-ssec.3) This Act applies to the Birdsville lease as if all of this Act, other than chapters 2 and 3, had commenced on assent.\n(sec.389-ssec.4) In this section— block identification map means a map that forms part of the series of maps known as the ‘Block Identification Map—Series B’ held by the department.","sortOrder":516},{"sectionNumber":"sec.390","sectionType":"section","heading":"Authorised activities","content":"### sec.390 Authorised activities\n\nFrom assent, Ergon Energy may, subject to this Act, carry out for the Birdsville lease any authorised activity for a geothermal lease.","sortOrder":517},{"sectionNumber":"sec.391","sectionType":"section","heading":"Conditions","content":"### sec.391 Conditions\n\nThe mandatory conditions for geothermal leases apply for the Birdsville lease.\nHowever, sections 130 and 131 do not apply for the Birdsville lease until the third anniversary of assent.\nsections 130 (Annual rent) and 131 (Civil penalty for nonpayment of annual rent)\nSubsection (1) is subject to sections 392 and 393.\n(sec.391-ssec.1) The mandatory conditions for geothermal leases apply for the Birdsville lease.\n(sec.391-ssec.2) However, sections 130 and 131 do not apply for the Birdsville lease until the third anniversary of assent. sections 130 (Annual rent) and 131 (Civil penalty for nonpayment of annual rent)\n(sec.391-ssec.3) Subsection (1) is subject to sections 392 and 393.","sortOrder":518},{"sectionNumber":"sec.392","sectionType":"section","heading":"Land access provisions until the new land access provisions start day","content":"### sec.392 Land access provisions until the new land access provisions start day\n\nThis section applies only until the new land access provisions start day.\nThe following provisions of this Act do not apply for the Birdsville lease—\nsection 129;\nthe following provisions of chapter 6—\npart 5\npart 6, division 2\npart 8, division 1;\nchapter 7, part 1.\nThe 2004 Act , sections 90 to 96 and 98 to 101 , and any definitions under that Act to the extent they are relevant to the sections, apply for the Birdsville lease as if—\nthe lease were a permit under that Act; and\na reference in the provisions to a permit included a reference to the lease.\n(sec.392-ssec.1) This section applies only until the new land access provisions start day.\n(sec.392-ssec.2) The following provisions of this Act do not apply for the Birdsville lease— section 129; the following provisions of chapter 6— part 5 part 6, division 2 part 8, division 1; chapter 7, part 1.\n(sec.392-ssec.3) The 2004 Act , sections 90 to 96 and 98 to 101 , and any definitions under that Act to the extent they are relevant to the sections, apply for the Birdsville lease as if— the lease were a permit under that Act; and a reference in the provisions to a permit included a reference to the lease.\n- (a) section 129;\n- (b) the following provisions of chapter 6— • part 5 • part 6, division 2 • part 8, division 1;\n- • part 5\n- • part 6, division 2\n- • part 8, division 1;\n- (c) chapter 7, part 1.\n- • part 5\n- • part 6, division 2\n- • part 8, division 1;\n- (a) the lease were a permit under that Act; and\n- (b) a reference in the provisions to a permit included a reference to the lease.","sortOrder":519},{"sectionNumber":"sec.393","sectionType":"section","heading":"Deferral of development plan requirement","content":"### sec.393 Deferral of development plan requirement\n\nSection 123 does not apply for the Birdsville lease until the later of the following—\n12 months after the Environmental Protection Act , section 665 commences;\nEnvironmental Protection Act , section 665 (Deferral of requirement for environmental authority for Birdsville geothermal lease)\nif, within the 12 months, Ergon Energy applies under section 394 for approval of a development plan for the lease—the day the application is decided.\n- (a) 12 months after the Environmental Protection Act , section 665 commences; Editor’s note— Environmental Protection Act , section 665 (Deferral of requirement for environmental authority for Birdsville geothermal lease)\n- (b) if, within the 12 months, Ergon Energy applies under section 394 for approval of a development plan for the lease—the day the application is decided.","sortOrder":520},{"sectionNumber":"sec.394","sectionType":"section","heading":"Provisions for approval of development plan","content":"### sec.394 Provisions for approval of development plan\n\nErgon Energy may at any time apply to the Minister for approval of a proposed development plan for the Birdsville lease.\nChapter 3, part 3, divisions 1 to 3 apply for the application as if Ergon Energy had applied for a geothermal lease and did not hold one.\nIf the Minister approves the proposed development plan, it becomes the development plan for the Birdsville lease.\n(sec.394-ssec.1) Ergon Energy may at any time apply to the Minister for approval of a proposed development plan for the Birdsville lease.\n(sec.394-ssec.2) Chapter 3, part 3, divisions 1 to 3 apply for the application as if Ergon Energy had applied for a geothermal lease and did not hold one.\n(sec.394-ssec.3) If the Minister approves the proposed development plan, it becomes the development plan for the Birdsville lease.","sortOrder":521},{"sectionNumber":"sec.395","sectionType":"section","heading":"Exemption from geothermal royalty","content":"### sec.395 Exemption from geothermal royalty\n\nSection 104 does not apply for the Birdsville lease.","sortOrder":522},{"sectionNumber":"ch.9-pt.2-div.3","sectionType":"division","heading":"New land access provisions for 2004 Act permits until 2010 Act start day","content":"## New land access provisions for 2004 Act permits until 2010 Act start day","sortOrder":523},{"sectionNumber":"sec.396","sectionType":"section","heading":"Application of div 3","content":"### sec.396 Application of div 3\n\nThis division applies for a 2004 Act permit from the new land access provisions start day to the 2010 Act start day.\nSee also section 399 (Conversion of 2004 Act permits on 2010 Act start day).","sortOrder":524},{"sectionNumber":"sec.397","sectionType":"section","heading":"Compliance with land access code","content":"### sec.397 Compliance with land access code\n\nSection 129 applies to the holder of the permit as if it were a 2010 Act permit and compliance with that section were a mandatory condition of the permit under the 2004 Act .\nIf a mandatory or tenure condition of the permit under the 2004 Act is inconsistent with a mandatory provision of the land access code, the mandatory provision prevails to the extent of the inconsistency.\ns 397 amd 2011 No. 2 s 54\n(sec.397-ssec.1) Section 129 applies to the holder of the permit as if it were a 2010 Act permit and compliance with that section were a mandatory condition of the permit under the 2004 Act .\n(sec.397-ssec.2) If a mandatory or tenure condition of the permit under the 2004 Act is inconsistent with a mandatory provision of the land access code, the mandatory provision prevails to the extent of the inconsistency.","sortOrder":525},{"sectionNumber":"sec.398","sectionType":"section","heading":"Application of particular provisions of this Act","content":"### sec.398 Application of particular provisions of this Act\n\nThe 2004 Act , sections 90 to 96 and 98 to 101 cease to apply for the permit.\nThe following provisions of this Act apply for the permit—\nsection 129;\nthe following provisions of chapter 6—\npart 5\npart 6, division 2\npart 8, division 1;\nchapter 7, part 1;\nany definitions under schedule 2 to the extent they are relevant to the provisions mentioned in paragraphs (a) to (c).\nThe provisions applied under subsection (2) apply as if—\nthe permit were a 2010 Act permit; and\na reference in the provisions to a geothermal tenure included a reference to the permit; and\nthe provisions were in force.\nDespite the provisions applied under subsection (2), a proceeding for compensation started under the 2004 Act , section 101 before the new land access provisions start day may be finished as if the provisions did not apply.\ns 398 amd 2012 No. 20 s 125 sch 1\n(sec.398-ssec.1) The 2004 Act , sections 90 to 96 and 98 to 101 cease to apply for the permit.\n(sec.398-ssec.2) The following provisions of this Act apply for the permit— section 129; the following provisions of chapter 6— part 5 part 6, division 2 part 8, division 1; chapter 7, part 1; any definitions under schedule 2 to the extent they are relevant to the provisions mentioned in paragraphs (a) to (c).\n(sec.398-ssec.3) The provisions applied under subsection (2) apply as if— the permit were a 2010 Act permit; and a reference in the provisions to a geothermal tenure included a reference to the permit; and the provisions were in force.\n(sec.398-ssec.4) Despite the provisions applied under subsection (2), a proceeding for compensation started under the 2004 Act , section 101 before the new land access provisions start day may be finished as if the provisions did not apply.\n- (a) section 129;\n- (b) the following provisions of chapter 6— • part 5 • part 6, division 2 • part 8, division 1;\n- • part 5\n- • part 6, division 2\n- • part 8, division 1;\n- (c) chapter 7, part 1;\n- (d) any definitions under schedule 2 to the extent they are relevant to the provisions mentioned in paragraphs (a) to (c).\n- • part 5\n- • part 6, division 2\n- • part 8, division 1;\n- (a) the permit were a 2010 Act permit; and\n- (b) a reference in the provisions to a geothermal tenure included a reference to the permit; and\n- (c) the provisions were in force.","sortOrder":526},{"sectionNumber":"ch.9-pt.2-div.4","sectionType":"division","heading":"General provisions","content":"## General provisions","sortOrder":527},{"sectionNumber":"sec.399","sectionType":"section","heading":"Conversion of 2004 Act permits on 2010 Act start day","content":"### sec.399 Conversion of 2004 Act permits on 2010 Act start day\n\nThis section applies to a 2004 Act permit (the old permit ) in force immediately before the 2010 Act start day.\nOn the 2010 Act start day, the permit becomes a 2010 Act permit (the converted permit ).\nThe converted permit continues in force subject to this Act for the rest of the old permit’s term.\nHowever, the old permit’s conditions immediately before the 2010 Act start day, as amended from time to time under this Act, continue in force for the converted permit.\nIf a condition of the old permit mentioned in subsection (4) conflicts with a mandatory condition for geothermal permits, or a mandatory provision of the land access code, the mandatory condition or mandatory provision prevails to the extent of the inconsistency.\nThe work program for the converted permit is the proposed work program included in the tender for the old permit made under section 21 of the 2004 Act .\n(sec.399-ssec.1) This section applies to a 2004 Act permit (the old permit ) in force immediately before the 2010 Act start day.\n(sec.399-ssec.2) On the 2010 Act start day, the permit becomes a 2010 Act permit (the converted permit ).\n(sec.399-ssec.3) The converted permit continues in force subject to this Act for the rest of the old permit’s term.\n(sec.399-ssec.4) However, the old permit’s conditions immediately before the 2010 Act start day, as amended from time to time under this Act, continue in force for the converted permit.\n(sec.399-ssec.5) If a condition of the old permit mentioned in subsection (4) conflicts with a mandatory condition for geothermal permits, or a mandatory provision of the land access code, the mandatory condition or mandatory provision prevails to the extent of the inconsistency.\n(sec.399-ssec.6) The work program for the converted permit is the proposed work program included in the tender for the old permit made under section 21 of the 2004 Act .","sortOrder":528},{"sectionNumber":"sec.400","sectionType":"section","heading":"Outstanding tenders under 2004 Act","content":"### sec.400 Outstanding tenders under 2004 Act\n\nThis section applies to a tender for a proposed 2004 Act permit made but not decided before the 2010 Act start day.\nOn the 2010 Act start day, the tender becomes an application for a 2010 Act permit.\nThe tender is taken to comply with the requirements under this Act for making the application.\nTo remove any doubt, subsection (2) does not prevent the application of sections 92 and 365 to the application.\n(sec.400-ssec.1) This section applies to a tender for a proposed 2004 Act permit made but not decided before the 2010 Act start day.\n(sec.400-ssec.2) On the 2010 Act start day, the tender becomes an application for a 2010 Act permit.\n(sec.400-ssec.3) The tender is taken to comply with the requirements under this Act for making the application.\n(sec.400-ssec.4) To remove any doubt, subsection (2) does not prevent the application of sections 92 and 365 to the application.","sortOrder":529},{"sectionNumber":"sec.401","sectionType":"section","heading":"Other undecided applications","content":"### sec.401 Other undecided applications\n\nAn application under the 2004 Act about a 2004 Act permit becomes an application for any corresponding matter under this Act.\nThe application is taken to comply with the requirements under this Act for making an application of that type under this Act.\nTo remove any doubt, subsection (2) does not prevent the application of section 365 to the application.\n(sec.401-ssec.1) An application under the 2004 Act about a 2004 Act permit becomes an application for any corresponding matter under this Act.\n(sec.401-ssec.2) The application is taken to comply with the requirements under this Act for making an application of that type under this Act.\n(sec.401-ssec.3) To remove any doubt, subsection (2) does not prevent the application of section 365 to the application.","sortOrder":530},{"sectionNumber":"sec.402","sectionType":"section","heading":"Decisions or documents under 2004 Act","content":"### sec.402 Decisions or documents under 2004 Act\n\nThis section applies to a decision or document under the 2004 Act in force immediately before the 2010 Act start day about a matter under that Act.\nOn the 2010 Act start day, the decision or document is taken to have been given under this Act about any corresponding matter under this Act.\nHowever, subsection (2) does not change the time when the decision or document was given or made.\n(sec.402-ssec.1) This section applies to a decision or document under the 2004 Act in force immediately before the 2010 Act start day about a matter under that Act.\n(sec.402-ssec.2) On the 2010 Act start day, the decision or document is taken to have been given under this Act about any corresponding matter under this Act.\n(sec.402-ssec.3) However, subsection (2) does not change the time when the decision or document was given or made.","sortOrder":531},{"sectionNumber":"sec.403","sectionType":"section","heading":"Outstanding appeals","content":"### sec.403 Outstanding appeals\n\nIf, immediately before the 2010 Act start day, an appeal about a matter under the 2004 Act had not been decided, on the 2010 Act start day the appeal is taken to be an appeal about any corresponding matter under this Act.","sortOrder":532},{"sectionNumber":"ch.9-pt.3","sectionType":"part","heading":"Transitional provisions for Mines Legislation (Streamlining) Amendment Act 2012","content":"# Transitional provisions for Mines Legislation (Streamlining) Amendment Act 2012","sortOrder":533},{"sectionNumber":"ch.9-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":534},{"sectionNumber":"sec.404","sectionType":"section","heading":"Definitions for pt 3","content":"### sec.404 Definitions for pt 3\n\nIn this part—\namending Act means the Mines Legislation (Streamlining) Amendment Act 2012 .\ncommencement means the commencement of the section in which the term is used.\nformer , in relation to a provision, means the provision as in force before the commencement of the section in which the term is used.\ns 404 ins 2012 No. 20 s 23","sortOrder":535},{"sectionNumber":"ch.9-pt.3-div.2","sectionType":"division","heading":"Transitional provisions for amendments in amending Act commencing on assent","content":"## Transitional provisions for amendments in amending Act commencing on assent","sortOrder":536},{"sectionNumber":"sec.405","sectionType":"section","heading":"Land in a geothermal tenure’s area taken before the commencement","content":"### sec.405 Land in a geothermal tenure’s area taken before the commencement\n\nThis section applies if—\nland in a geothermal tenure’s area was taken under a resumption law before the commencement; and\nat the commencement, the entity taking the land has not taken action indicating the geothermal tenure was extinguished (wholly or partly) when the land was taken.\nserving a copy of the resumption notice for the taking of the land on the geothermal tenure holder (in the holder’s capacity as the holder of the tenure)\nentering into a resumption agreement under the ALA with the geothermal tenure holder for the taking of the land\nnegotiating, or taking other action relating to, the compensation payable to the geothermal tenure holder for the taking of the land\npaying compensation to the geothermal tenure holder for the taking of the land\narranging for the taking of the land to be recorded in the geothermal register against the geothermal tenure\nThe taking of the land did not extinguish (wholly or partly) the geothermal tenure or any other geothermal interest relating to the tenure.\nSubsection (2) does not affect the ending of a geothermal interest (wholly or partly) in any other way, including, for example—\nby the entity taking the land acquiring the geothermal interest (wholly or partly) under a separate commercial agreement or other arrangement with the holder of the interest; or\nby the geothermal interest holder surrendering the interest (wholly or partly) under this Act.\ns 405 ins 2012 No. 20 s 23\namd 2013 No. 23 s 352 sch 1 pt 1\n(sec.405-ssec.1) This section applies if— land in a geothermal tenure’s area was taken under a resumption law before the commencement; and at the commencement, the entity taking the land has not taken action indicating the geothermal tenure was extinguished (wholly or partly) when the land was taken. serving a copy of the resumption notice for the taking of the land on the geothermal tenure holder (in the holder’s capacity as the holder of the tenure) entering into a resumption agreement under the ALA with the geothermal tenure holder for the taking of the land negotiating, or taking other action relating to, the compensation payable to the geothermal tenure holder for the taking of the land paying compensation to the geothermal tenure holder for the taking of the land arranging for the taking of the land to be recorded in the geothermal register against the geothermal tenure\n(sec.405-ssec.2) The taking of the land did not extinguish (wholly or partly) the geothermal tenure or any other geothermal interest relating to the tenure.\n(sec.405-ssec.3) Subsection (2) does not affect the ending of a geothermal interest (wholly or partly) in any other way, including, for example— by the entity taking the land acquiring the geothermal interest (wholly or partly) under a separate commercial agreement or other arrangement with the holder of the interest; or by the geothermal interest holder surrendering the interest (wholly or partly) under this Act.\n- (a) land in a geothermal tenure’s area was taken under a resumption law before the commencement; and\n- (b) at the commencement, the entity taking the land has not taken action indicating the geothermal tenure was extinguished (wholly or partly) when the land was taken. Examples of action for paragraph (b)— • serving a copy of the resumption notice for the taking of the land on the geothermal tenure holder (in the holder’s capacity as the holder of the tenure) • entering into a resumption agreement under the ALA with the geothermal tenure holder for the taking of the land • negotiating, or taking other action relating to, the compensation payable to the geothermal tenure holder for the taking of the land • paying compensation to the geothermal tenure holder for the taking of the land • arranging for the taking of the land to be recorded in the geothermal register against the geothermal tenure\n- • serving a copy of the resumption notice for the taking of the land on the geothermal tenure holder (in the holder’s capacity as the holder of the tenure)\n- • entering into a resumption agreement under the ALA with the geothermal tenure holder for the taking of the land\n- • negotiating, or taking other action relating to, the compensation payable to the geothermal tenure holder for the taking of the land\n- • paying compensation to the geothermal tenure holder for the taking of the land\n- • arranging for the taking of the land to be recorded in the geothermal register against the geothermal tenure\n- • serving a copy of the resumption notice for the taking of the land on the geothermal tenure holder (in the holder’s capacity as the holder of the tenure)\n- • entering into a resumption agreement under the ALA with the geothermal tenure holder for the taking of the land\n- • negotiating, or taking other action relating to, the compensation payable to the geothermal tenure holder for the taking of the land\n- • paying compensation to the geothermal tenure holder for the taking of the land\n- • arranging for the taking of the land to be recorded in the geothermal register against the geothermal tenure\n- (a) by the entity taking the land acquiring the geothermal interest (wholly or partly) under a separate commercial agreement or other arrangement with the holder of the interest; or\n- (b) by the geothermal interest holder surrendering the interest (wholly or partly) under this Act.","sortOrder":537},{"sectionNumber":"sec.406","sectionType":"section","heading":"Land in a geothermal tenure’s area for which notice of intention to resume given before the commencement","content":"### sec.406 Land in a geothermal tenure’s area for which notice of intention to resume given before the commencement\n\nThis section applies if—\nbefore the commencement, an entity gave a notice of intention to resume for the proposed taking, under a resumption law, of land in a geothermal tenure’s area; and\nat the commencement, the land had not been taken under the resumption law.\nIf the land is taken other than by taking or otherwise creating an easement, sections 350A to 350D apply in relation to the taking, except that the resumption notice for the taking may provide for the extinguishment of a geothermal interest on the taking even if the notice of intention to resume does not comply with section 350A(8).\nIf the land is taken by taking or otherwise creating an easement, section 350D applies in relation to the taking.\ns 406 ins 2012 No. 20 s 23\n(sec.406-ssec.1) This section applies if— before the commencement, an entity gave a notice of intention to resume for the proposed taking, under a resumption law, of land in a geothermal tenure’s area; and at the commencement, the land had not been taken under the resumption law.\n(sec.406-ssec.2) If the land is taken other than by taking or otherwise creating an easement, sections 350A to 350D apply in relation to the taking, except that the resumption notice for the taking may provide for the extinguishment of a geothermal interest on the taking even if the notice of intention to resume does not comply with section 350A(8).\n(sec.406-ssec.3) If the land is taken by taking or otherwise creating an easement, section 350D applies in relation to the taking.\n- (a) before the commencement, an entity gave a notice of intention to resume for the proposed taking, under a resumption law, of land in a geothermal tenure’s area; and\n- (b) at the commencement, the land had not been taken under the resumption law.","sortOrder":538},{"sectionNumber":"ch.9-pt.3-div.3","sectionType":"division","heading":"Transitional provisions for amendments in amending Act commencing by proclamation","content":"## Transitional provisions for amendments in amending Act commencing by proclamation","sortOrder":539},{"sectionNumber":"sec.407","sectionType":"section","heading":"Undecided applications for approval of particular dealing","content":"### sec.407 Undecided applications for approval of particular dealing\n\nThis section applies to an application for approval of a third party transfer or sublease—\nmade, before the commencement, under former chapter 6, part 11, division 3; and\nnot decided before the commencement.\nThe Minister may continue to deal with the application under former chapter 6, part 11, division 3 as if the division had not been repealed under the amending Act.\nIn this section—\nthird party transfer has the meaning given by former section 280.\ns 407 ins 2012 No. 20 s 141\n(sec.407-ssec.1) This section applies to an application for approval of a third party transfer or sublease— made, before the commencement, under former chapter 6, part 11, division 3; and not decided before the commencement.\n(sec.407-ssec.2) The Minister may continue to deal with the application under former chapter 6, part 11, division 3 as if the division had not been repealed under the amending Act.\n(sec.407-ssec.3) In this section— third party transfer has the meaning given by former section 280.\n- (a) made, before the commencement, under former chapter 6, part 11, division 3; and\n- (b) not decided before the commencement.","sortOrder":540},{"sectionNumber":"sec.408","sectionType":"section","heading":"Deciding applications for approval of assessable transfers until commencement of particular provisions","content":"### sec.408 Deciding applications for approval of assessable transfers until commencement of particular provisions\n\nThis section applies until the commencement of the Environmental Protection Act 1994 , chapter 5A , part 4 as inserted by the Environmental Protection (Greentape Reduction) and Other Legislation Amendment Act 2012 .\nFormer section 287(2)(a)(ii) continues in force instead of section 286(4)(a)(ii) and (iii), as inserted by the amending Act, for deciding whether to give an approval of an assessable transfer.\ns 408 ins 2012 No. 20 s 141\n(sec.408-ssec.1) This section applies until the commencement of the Environmental Protection Act 1994 , chapter 5A , part 4 as inserted by the Environmental Protection (Greentape Reduction) and Other Legislation Amendment Act 2012 .\n(sec.408-ssec.2) Former section 287(2)(a)(ii) continues in force instead of section 286(4)(a)(ii) and (iii), as inserted by the amending Act, for deciding whether to give an approval of an assessable transfer.","sortOrder":541},{"sectionNumber":"sec.409","sectionType":"section","heading":"Uncommenced appeals about refusal to approve particular dealing","content":"### sec.409 Uncommenced appeals about refusal to approve particular dealing\n\nThis section applies to a person if—\nbefore the commencement, the person could appeal to the Land Court under section 335 in relation to a refusal to approve and register a third party transfer or sublease under former section 287; but\nthe person had not started the appeal before the commencement.\nDespite the amendment of schedule 1 by the amending Act, the person continues to be a person who may start an appeal under section 335, subject to sections 336 and 337.\ns 409 ins 2012 No. 20 s 141\n(sec.409-ssec.1) This section applies to a person if— before the commencement, the person could appeal to the Land Court under section 335 in relation to a refusal to approve and register a third party transfer or sublease under former section 287; but the person had not started the appeal before the commencement.\n(sec.409-ssec.2) Despite the amendment of schedule 1 by the amending Act, the person continues to be a person who may start an appeal under section 335, subject to sections 336 and 337.\n- (a) before the commencement, the person could appeal to the Land Court under section 335 in relation to a refusal to approve and register a third party transfer or sublease under former section 287; but\n- (b) the person had not started the appeal before the commencement.","sortOrder":542},{"sectionNumber":"sec.410","sectionType":"section","heading":"Unfinished appeals about refusal to approve particular dealing","content":"### sec.410 Unfinished appeals about refusal to approve particular dealing\n\nThis section applies if, before the commencement—\na person started an appeal under section 337 in relation to a refusal to approve and register a third party transfer or sublease under former section 287; and\nthe Land Court had not yet decided the appeal.\nThe Land Court may continue, under chapter 7, part 4, to grant a stay of the decision being appealed, and hear and decide the appeal.\ns 410 ins 2012 No. 20 s 141\n(sec.410-ssec.1) This section applies if, before the commencement— a person started an appeal under section 337 in relation to a refusal to approve and register a third party transfer or sublease under former section 287; and the Land Court had not yet decided the appeal.\n(sec.410-ssec.2) The Land Court may continue, under chapter 7, part 4, to grant a stay of the decision being appealed, and hear and decide the appeal.\n- (a) a person started an appeal under section 337 in relation to a refusal to approve and register a third party transfer or sublease under former section 287; and\n- (b) the Land Court had not yet decided the appeal.","sortOrder":543},{"sectionNumber":"ch.9-pt.4","sectionType":"part","heading":"Transitional provision for Mineral and Energy Resources (Common Provisions) Act 2014","content":"# Transitional provision for Mineral and Energy Resources (Common Provisions) Act 2014","sortOrder":544},{"sectionNumber":"sec.411","sectionType":"section","heading":"Continued appeal right for particular decisions","content":"### sec.411 Continued appeal right for particular decisions\n\nA person who, before the commencement of this section, may have appealed against a relevant decision to the Land Court under section 335(1), may still appeal against the decision, in compliance with chapter 7, part 4, despite the amendment of schedule 1.\nIn this section—\nprevious , for a section of this Act, means the section as in force immediately before the repeal of the section under the Common Provisions Act .\nrelevant decision means any of the following—\na decision to give a road use direction under previous section 237;\nthe imposition of a condition on entry on public land under previous section 242, other than a condition agreed to or requested by the geothermal tenure holder;\na refusal to approve an assessable transfer under previous section 286.\ns 411 ins 2014 No. 47 s 293\n(sec.411-ssec.1) A person who, before the commencement of this section, may have appealed against a relevant decision to the Land Court under section 335(1), may still appeal against the decision, in compliance with chapter 7, part 4, despite the amendment of schedule 1.\n(sec.411-ssec.2) In this section— previous , for a section of this Act, means the section as in force immediately before the repeal of the section under the Common Provisions Act . relevant decision means any of the following— a decision to give a road use direction under previous section 237; the imposition of a condition on entry on public land under previous section 242, other than a condition agreed to or requested by the geothermal tenure holder; a refusal to approve an assessable transfer under previous section 286.\n- (a) a decision to give a road use direction under previous section 237;\n- (b) the imposition of a condition on entry on public land under previous section 242, other than a condition agreed to or requested by the geothermal tenure holder;\n- (c) a refusal to approve an assessable transfer under previous section 286.","sortOrder":545},{"sectionNumber":"sec.412","sectionType":"section","heading":"Existing practice manuals","content":"### sec.412 Existing practice manuals\n\nA practice manual kept under former section 383 continues in effect until the chief executive makes a manual available under the Common Provisions Act , section 202 (4) (b) .\nIn this section—\nformer section 383 means section 383 as in force immediately before the commencement of this section.\ns 412 ins 2014 No. 47 s 312\n(sec.412-ssec.1) A practice manual kept under former section 383 continues in effect until the chief executive makes a manual available under the Common Provisions Act , section 202 (4) (b) .\n(sec.412-ssec.2) In this section— former section 383 means section 383 as in force immediately before the commencement of this section.","sortOrder":546},{"sectionNumber":"ch.9-pt.5","sectionType":"part","heading":"Transitional provision for Natural Resources and Other Legislation Amendment Act 2019","content":"# Transitional provision for Natural Resources and Other Legislation Amendment Act 2019","sortOrder":547},{"sectionNumber":"sec.413","sectionType":"section","heading":"Existing conduct and compensation agreements","content":"### sec.413 Existing conduct and compensation agreements\n\nThis section applies if a conduct and compensation agreement relating to a resource authority under this Act—\nwas in effect immediately before the commencement; and\napplied in relation to an authorised activity that was an advanced activity, or preliminary activity, under the repealed provisions.\nFor any matter relating to the conduct and compensation agreement—\nif the authorised activity was an advanced activity under the repealed provisions—the authorised activity is taken to be an advanced activity under the Mineral and Energy Resources (Common Provisions) Act 2014 ; and\nif the authorised activity was a preliminary activity under the repealed provisions—the authorised activity is taken to be a preliminary activity under the Mineral and Energy Resources (Common Provisions) Act 2014 ; and\nthe new provisions do not apply.\nIn this section—\nnew provisions means the Mineral and Energy Resources (Common Provisions) Act 2014 , sections 15A and 15B .\nrepealed provisions means schedule 2, definitions advanced activity and preliminary activity as in force immediately before the commencement.\ns 413 ins 2019 No. 17 s 199\n(sec.413-ssec.1) This section applies if a conduct and compensation agreement relating to a resource authority under this Act— was in effect immediately before the commencement; and applied in relation to an authorised activity that was an advanced activity, or preliminary activity, under the repealed provisions.\n(sec.413-ssec.2) For any matter relating to the conduct and compensation agreement— if the authorised activity was an advanced activity under the repealed provisions—the authorised activity is taken to be an advanced activity under the Mineral and Energy Resources (Common Provisions) Act 2014 ; and if the authorised activity was a preliminary activity under the repealed provisions—the authorised activity is taken to be a preliminary activity under the Mineral and Energy Resources (Common Provisions) Act 2014 ; and the new provisions do not apply.\n(sec.413-ssec.3) In this section— new provisions means the Mineral and Energy Resources (Common Provisions) Act 2014 , sections 15A and 15B . repealed provisions means schedule 2, definitions advanced activity and preliminary activity as in force immediately before the commencement. s 413 ins 2019 No. 17 s 199\n- (a) was in effect immediately before the commencement; and\n- (b) applied in relation to an authorised activity that was an advanced activity, or preliminary activity, under the repealed provisions.\n- (a) if the authorised activity was an advanced activity under the repealed provisions—the authorised activity is taken to be an advanced activity under the Mineral and Energy Resources (Common Provisions) Act 2014 ; and\n- (b) if the authorised activity was a preliminary activity under the repealed provisions—the authorised activity is taken to be a preliminary activity under the Mineral and Energy Resources (Common Provisions) Act 2014 ; and\n- (c) the new provisions do not apply.","sortOrder":548},{"sectionNumber":"ch.9-pt.6","sectionType":"part","heading":"Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2020","content":"# Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2020","sortOrder":549},{"sectionNumber":"sec.414","sectionType":"section","heading":"Power to impose or amend condition if changed holder of geothermal tenure","content":"### sec.414 Power to impose or amend condition if changed holder of geothermal tenure\n\nThe power of the Minister to impose another condition on, or amend a condition of, a geothermal tenure under section 133A applies—\nwhether the tenure was granted before or after the commencement; and\nonly if the change mentioned in section 133A(1) happens after the commencement.\ns 414 ins 2020 No. 14 s 43\n- (a) whether the tenure was granted before or after the commencement; and\n- (b) only if the change mentioned in section 133A(1) happens after the commencement.","sortOrder":550},{"sectionNumber":"sec.415","sectionType":"section","heading":"Conferences with eligible claimants or owners or occupiers started before commencement","content":"### sec.415 Conferences with eligible claimants or owners or occupiers started before commencement\n\nThis section applies if—\nan authorised officer asked parties to attend a conference under section 313 as in force before the commencement; and\nimmediately before the commencement the conference had not taken place.\nThe conference must take place under chapter 7, part 1 as in force immediately before the commencement.\nThe Common Provisions Act , chapter 3 , part 8 does not apply in relation to the conference.\ns 415 ins 2020 No. 14 s 43\n(sec.415-ssec.1) This section applies if— an authorised officer asked parties to attend a conference under section 313 as in force before the commencement; and immediately before the commencement the conference had not taken place.\n(sec.415-ssec.2) The conference must take place under chapter 7, part 1 as in force immediately before the commencement.\n(sec.415-ssec.3) The Common Provisions Act , chapter 3 , part 8 does not apply in relation to the conference.\n- (a) an authorised officer asked parties to attend a conference under section 313 as in force before the commencement; and\n- (b) immediately before the commencement the conference had not taken place.","sortOrder":551},{"sectionNumber":"ch.9-pt.7","sectionType":"part","heading":"Transitional provision for Coal Mining Safety and Health and Other Legislation Amendment Act 2022","content":"# Transitional provision for Coal Mining Safety and Health and Other Legislation Amendment Act 2022","sortOrder":552},{"sectionNumber":"sec.416","sectionType":"section","heading":"Application of new s 320 to noncompliance action","content":"### sec.416 Application of new s 320 to noncompliance action\n\nNew section 320 applies in relation to noncompliance action if the event mentioned in section 321(2) or (3) for which the action is taken happens after the commencement.\nIn this section—\nnew section 320 means section 320 as in force from the commencement.\ns 416 ins 2022 No. 29 s 16\n(sec.416-ssec.1) New section 320 applies in relation to noncompliance action if the event mentioned in section 321(2) or (3) for which the action is taken happens after the commencement.\n(sec.416-ssec.2) In this section— new section 320 means section 320 as in force from the commencement.","sortOrder":553},{"sectionNumber":"ch.9-pt.8","sectionType":"part","heading":"Transitional provision for Land and Other Legislation Amendment Act 2024","content":"# Transitional provision for Land and Other Legislation Amendment Act 2024","sortOrder":554},{"sectionNumber":"sec.417","sectionType":"section","heading":"Undecided applications for renewal of geothermal leases","content":"### sec.417 Undecided applications for renewal of geothermal leases\n\nNew section 294(5)(b) applies to an application for the renewal of a geothermal lease made but not decided before the commencement.\nIn this section—\nnew section 294(5)(b) means section 294(5)(b) as in force from the commencement.\ns 417 ins 2024 No. 12 s 8\n(sec.417-ssec.1) New section 294(5)(b) applies to an application for the renewal of a geothermal lease made but not decided before the commencement.\n(sec.417-ssec.2) In this section— new section 294(5)(b) means section 294(5)(b) as in force from the commencement.","sortOrder":555}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.14(2)","severity":"high","reasoning":"Section 14(1) defines geothermal production as the 'recovery' of geothermal energy, but section 14(2) then qualifies that energy is 'only produced when it is used for any purpose'. This creates a logical gap: the act of recovery (extraction) is definitionally separated from 'production' itself. Regulatory obligations tied to 'geothermal production' could be evaded during the extraction phase before use commences, undermining the regulatory framework.","confidence":0.82,"description":"Geothermal energy is only 'produced' when it is used for any purpose. This means the act of physically extracting energy from the ground does not constitute 'production' unless it is simultaneously used. A company could drill a well, extract massive quantities of geothermal energy, and technically not be 'producing' it if it is not yet being used."},{"type":"self_contradicting","section":"sec.5(1) and sec.5(2)","severity":"medium","reasoning":"Section 5(1) asserts the Act binds all persons including the State, Commonwealth and other States. Section 5(2) immediately immunises the Commonwealth and States from prosecution. The binding of an entity without any enforcement consequence is a logical absurdity — a legal obligation without a remedy is not meaningfully a legal obligation.","confidence":0.75,"description":"The Act binds all persons including the Commonwealth and other States, yet those same entities cannot be prosecuted for offences under the Act. This renders the binding of the Commonwealth and other States largely meaningless — they are bound in name only with no enforcement mechanism."},{"type":"impossible_compliance","section":"sec.16(2)","severity":"high","reasoning":"Sections 3, 15, 35 and 71 all rely on the concept of 'large-scale' geothermal production to determine whether regulatory obligations apply. Section 16(2) requires regard to 'criteria prescribed under a regulation' but provides no default definition if no regulation is made. If no regulation prescribes criteria, neither operators nor regulators can determine which activities require geothermal tenures.","confidence":0.88,"description":"The criteria for determining whether geothermal production is 'large-scale' — a fundamental threshold triggering the entire regulatory scheme — are entirely dependent on regulations that may or may not be prescribed. Without such regulations, 'large-scale' is undefined and the distinction between regulated and unregulated production is unworkable."},{"type":"retroactive_impossibility","section":"sec.29(2) and sec.29(3)","severity":"medium","reasoning":"Section 29(2) explicitly applies to grants made before the Act's commencement. Section 29(3) then deems those historical grants to 'contain a reservation' that was never negotiated, agreed to, or stated at the time. While retrospective legislation is legally possible, deeming a reservation to have always existed in a document that never contained it is a legal fiction that creates significant uncertainty about historical title and compensation rights.","confidence":0.72,"description":"Section 29 retrospectively deems all historical land grants — made before the Act's commencement and even before the Geothermal Energy Act 2010 existed — to contain a reservation of geothermal rights to the State. This imposes an implied term into pre-existing legal instruments retroactively, potentially altering property rights that vested under prior law."},{"type":"other","section":"sec.40(7) and sec.40(8)","severity":"low","reasoning":"While not fatally absurd, the default rule creating a mandatory one-day gap between grant and effect (when no day is stated) is an oddity. The Minister is authorised to state the grant date as the effective date under sec.40(5)(b), but the default rule suggests the legislature assumed permits would routinely take effect the day after grant without apparent policy justification for this delay.","confidence":0.6,"description":"Section 40(7) states the permit cannot take effect before the day it is granted. Section 40(8) states that if no day of effect is stated, the permit takes effect the day AFTER it is granted. This means there is no mechanism for a permit to take effect on the same day it is granted unless the Minister explicitly states that day — creating a mandatory one-day dead period by default."},{"type":"self_contradicting","section":"sec.66(1)(b)","severity":"medium","reasoning":"The phrase 'will not soon be commercially viable' and 'likely to become viable within 5 years' are potentially contradictory. Five years could be 'soon' depending on context. The Act provides no definition of 'soon', meaning the Minister must make a judgment call on whether 5 years is 'soon', potentially leading to circular or arbitrary decision-making on the declaration threshold.","confidence":0.77,"description":"The Minister may only declare a Potential Geothermal Commercial Area if satisfied that geothermal production 'is not, and will not soon be, commercially viable, but is likely to become viable within 5 years.' This requires the Minister to simultaneously find that production is not soon viable AND that it is likely to become viable — a tension between 'not soon' and 'within 5 years' that is undefined and creates an irresolvable ambiguity."},{"type":"impossible_compliance","section":"sec.70","severity":"medium","reasoning":"A geothermal permit has a maximum 5-year term (sec.40(3)). A PGCA declaration can last up to 5 years (sec.68(2)). For sec.70 to be triggered, the declaration must end more than 5 years after the permit took effect. If the declaration is made near the start of the permit, and lasts 5 years, this is possible. But permits may be continued in force under sec.79 or 293 — which is acknowledged in sec.66(4). The provision may only be meaningful for extended permits, creating confusion about its general applicability.","confidence":0.65,"description":"Section 70 provides that if a Potential Geothermal Commercial Area declaration ends more than 5 years after the geothermal permit originally took effect, the permit or the relevant part of it ends. However, a PGCA declaration itself can only last up to 5 years (sec.68(2)), and a geothermal permit lasts up to 5 years (sec.40(3)). The trigger condition in sec.70 — declaration ending more than 5 years after permit took effect — may be structurally impossible to satisfy within normal timelines."},{"type":"circular_definition","section":"sec.18","severity":"medium","reasoning":"Section 18 defines 'geothermal activity' by reference to what 'may be' an authorised activity for 'any' geothermal tenure. Section 22 defines 'authorised activity' as what the holder is 'entitled to carry out' under the Act or tenure. The circularity means that the definition of geothermal activity is only knowable by reference to what authorised activities exist, which in turn requires reference to what geothermal activities are involved — a definitional loop.","confidence":0.68,"description":"A 'geothermal activity' is defined as any activity that MAY be an authorised activity for ANY geothermal tenure, whether or not a geothermal tenure has been granted. This definition is circular and potentially limitless — since authorised activities are defined by reference to what a holder is 'entitled to carry out', and geothermal activities are defined by reference to authorised activities, the scope of 'geothermal activities' depends on what could hypothetically be authorised under a tenure that may not exist."}],"contradictions":[{"severity":"high","section_a":"sec.14(1)","section_b":"sec.14(2)","confidence":0.85,"description":"Section 14(1) defines geothermal production as the 'recovery' of geothermal energy from the ground. Section 14(2) states that geothermal energy is 'only produced when it is used for any purpose.' Recovery and use are temporally and operationally distinct acts — energy can be recovered (extracted) without yet being used. The two subsections are in direct tension as to when 'production' actually occurs."},{"severity":"low","section_a":"sec.3(1)","section_b":"sec.3(2)","confidence":0.55,"description":"Section 3(1) states the 'main purpose' of the Act is to encourage and facilitate safe geothermal energy production. Section 3(2)(a) notes there are exemptions from requiring a geothermal tenure, including for small-scale production and heat pump production. Exempting categories of production from the regulatory scheme arguably undermines the stated purpose of facilitating and regulating safe production across the board."},{"severity":"medium","section_a":"sec.5(1)","section_b":"sec.5(2)","confidence":0.78,"description":"Section 5(1) binds the Commonwealth and other States to the Act. Section 5(2) provides they cannot be prosecuted for offences under it. An entity that cannot be held legally accountable for breaching a law is not meaningfully 'bound' by it. These provisions are logically contradictory in their effect."},{"severity":"low","section_a":"sec.40(3)","section_b":"sec.46(2)","confidence":0.58,"description":"Section 40(3) requires the geothermal permit term to end no later than 5 years after the permit takes effect. Section 46(2) states the work program period cannot be longer than 5 years from when the proposed geothermal permit 'is to take effect.' If there is any delay between when the permit is proposed to take effect and when it actually takes effect (e.g. due to conditions precedent in sec.39), the work program period and permit term may be misaligned."},{"severity":"low","section_a":"sec.35(1)(c)","section_b":"sec.35(2)(b)","confidence":0.52,"description":"Section 35(1)(c) prohibits applications for land in an existing geothermal tenure's area. Section 35(2)(b) permits a competing application to be made for land subject to an existing application if both applications were made on the same day. If an application is made on the same day as an existing application, and the earlier application is granted creating a tenure, section 35(1)(c) would seem to bar the same-day competing application — creating a conflict in timing-sensitive scenarios."},{"severity":"medium","section_a":"sec.66(1)(b)","section_b":"sec.68(2)","confidence":0.71,"description":"Section 66(1)(b) requires that for a Potential Geothermal Commercial Area to be declared, production must be 'likely to become viable within 5 years.' Section 68(2) limits the declaration to a maximum of 5 years. If the declaration is granted for less than 5 years (as sec.68(3) contemplates), the declaration may expire before the 5-year viability window the Minister found likely — leaving the holder without the protective status the Act intended to provide."},{"severity":"medium","section_a":"sec.9(1)","section_b":"sec.9(3)","confidence":0.67,"description":"Section 9(1) states the Act does not affect civil rights or remedies existing apart from the Act. Section 9(3) states that a breach of an obligation under the Act does not of itself give rise to an action for breach of statutory duty or other civil right or remedy. Together, while preserving pre-existing remedies, the Act simultaneously bars new civil remedies arising from its own breach — creating an asymmetric legal position where the Act imposes obligations but immunises itself from generating corresponding civil liability."}]},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act started with a clear primary purpose of facilitating geothermal energy exploration and production, but its scope expanded significantly through amendments (notably in 2012, 2014, 2020, and 2022) to incorporate alignment with the Common Provisions Act framework, address interactions with acquired/resumed land, introduce disqualification provisions for applicants, and integrate with a broader multi-resource regulatory architecture. The inclusion of provisions about legacy boreholes and references to a 'Common Provisions Act' chapter structure suggest the law was folded into a wider harmonised resources regime beyond its original geothermal-specific intent."},"complexity_factors":["Multiple interlocking pieces of legislation referenced (Petroleum and Gas Act, Mineral Resources Act, Petroleum Act 1923, GHG Storage Act, Nature Conservation Act, Common Provisions Act, Water Act, Personal Property Securities Act)","Layered tenure system with permits, leases, work programs, development plans, and potential commercial area declarations all having separate requirements and processes","Numerous cross-references between sections and chapters making it difficult to read in isolation","Key threshold concept ('large-scale' production) left undefined in the Act itself and delegated to subordinate regulations","Staged commencement provisions with different parts commencing at different times","Complex application and approval processes with multiple preconditions that must all be satisfied before a permit can be granted","Retrospective provisions (State ownership declared to have always existed)","Interaction with Commonwealth law (Corporations Act, Personal Property Securities Act) adding jurisdictional complexity","Multiple appeal mechanisms referencing the Land Court and separate appeal periods","Transition provisions for converting earlier-regime permits to the new system"],"plain_english_summary":"## What is this law about?\n\nThe **Geothermal Energy Act 2010** is a Queensland law that governs how people and companies can explore for and produce **geothermal energy** — heat energy from beneath the earth's surface (think hot rocks and underground heat).\n\n## Who owns geothermal energy?\n\nAll geothermal energy in Queensland belongs to the **State government**, even if it's under your private property. This applies retroactively — it's always been the State's property, even before this law existed.\n\n## What does it actually do?\n\n**For businesses and investors:**\n- Creates a licensing system. To explore for or produce geothermal energy commercially, you need a government-issued licence called a **'geothermal tenure'** — either an exploration permit (to look for it) or a production lease (to actually use it)\n- Exploration permits last up to **5 years** and require a detailed work plan showing what you'll do\n- Production leases are needed when production reaches a large commercial scale\n- You must pay annual rent and may need to provide financial security (like a deposit)\n- Applications can be rejected if you lack the financial or technical ability to do the work\n\n**For landowners and residents:**\n- If geothermal operations happen on or near your land, you have the right to **consultation** and **compensation**\n- The law tries to minimise conflicts between geothermal activities and other land uses\n- Importantly, **small-scale uses are exempt** — things like heat pumps for cooling/heating buildings don't need a licence\n\n**For everyone:**\n- The law applies to coastal waters too\n- It works alongside other laws covering petroleum, mining, greenhouse gas storage, and environmental protection\n- Safety rules from a separate petroleum safety law also apply to geothermal operations\n\n## Key exemptions (you DON'T need a licence if):\n- You're using a **geothermal heat pump** to heat or cool a building (small scale)\n- Your geothermal production is not 'large-scale' (exact thresholds set by regulation, based on temperature, flow rate and energy output)\n\n## Why does this matter?\nThis law creates the legal framework for Queensland to develop geothermal energy as a **renewable energy source**, while protecting landowners' rights and ensuring environmental responsibility."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Compared with a narrow exploration regime, the Act (as amended) has been extended into a full production and regulatory regime.  Beyond authorising exploration, it: (a) establishes long-term production leases and a royalty regime (ss.19, 82, 104–106); (b) sets out detailed development-plan processes and production commencement obligations (chs 3, ss.86–99, 122); (c) integrates safety, environmental and water approval gates and cross-Act coordination (s.4; ss.39, 81, 91, ch.5); (d) creates data supply and public-disclosure rules and builds a state database (ss.192–197); (e) expands enforcement, security and remedial powers available to the State (chs 6–7, ss.203–211, 305–311, 320); and (f) contains substantial transitional and site-specific provisions (e.g. Birdsville lease, ch.9).  Those additions materially broaden the statute’s ambit from exploration facilitation to a comprehensive property-use, safety, revenue and land‑access regime, imposing significant compliance costs on industry and giving the executive broad discretionary tools (see ss.3, 28, 104, 192–197, 320)."},"complexity_factors":["Large Act with many parts and cross-references across other statutes (Petroleum & Gas Act, GHG Storage Act, Mineral Resources Act, Water Act, Environmental Protection Act) (s.4, s.8)","Multiple types of tenure with differing processes and terms (permits v leases) and distinct work program/development plan regimes (ss.19, 40, 82, chs 2–3)","Numerous conditional decision pathways and prerequisites (Minister must be satisfied of capability, environmental and water approvals, payment of rent and security before grant) (ss.39, 81, 294)","Nested exceptions and exemptions (exempt heat pump production, small-scale production, confidentiality periods, resumption-related exceptions) (ss.15–17, s.196, ss.350A–350D)","Extensive procedural requirements with staged notice/appeal periods and verification steps (requirements to give later work/development programs, verification notices, and appeal timing) (ss.50, 56, 57, 118–125, ch.7 appeal provisions)","Complex overlapping-resources regime with coordination arrangements, special application/priority processes and ministerial discretion (chapter 5, ss.138–166)","Detailed obligations about records, data format and public release, including prescribed digital formats and confidentiality periods (ss.190–197, s.192)","Multiple enforcement options (amendment, cancellation, penalty, remedial powers, security drawdown) with separate procedural safeguards and appeals (ss.320–326, ss.203–211, ss.305–311)","Significant transitional and amendment history scattered through the Act (many ins/amd/om provisions and transitional sections) increasing interpretive burden (ch.9 and many s. ins/amd notes)","Mandatory vs discretionary conditions and the interplay between ministerial powers and statutory limits (ss.20, 82, 353)"],"plain_english_summary":"**What this law does (mechanics first)\n\n- Declares the State owns all geothermal energy beneath land in Queensland (s.28).  That means individuals or companies do not get property in the subsurface heat just by finding it.\n\n- Creates two kinds of government authorities (\"geothermal tenures\") that a business can hold:\n  - Geothermal exploration permits (short-term, up to 5 years) for exploring and testing (chs 2 and 4). (See s.19, s.40, s.31.)\n  - Geothermal production leases (longer term, up to 30 years) for large-scale production (chs 3 and 4). (See s.19, s.82, s.75.)\n\n- Controls who may get a tenure and how.  An eligible person (adult, company or government-owned corporation) applies to the Minister with a detailed work program (for permits) or development plan (for leases).  The Minister must be satisfied about technical and financial capability, environmental and water approvals and other statutory criteria before grant (ss.35–41; ss.77–82; ss.45–56; ss.87–97).\n\n- Sets mandatory and discretionary conditions for tenures.  Conditions include: carrying out work programs/development plans, consulting landowners, complying with safety rules, paying annual rent, and giving security if required (ss.20, 116–125, 128–133, 130–131, 203–209).\n\n- Requires relinquishment of parts of exploration permit areas on a schedule (standard 33.33% per 5-year block unless exceptions apply) (ss.109–115).  Permits that mature into production are transitioned to leases (ss.71–73).\n\n- Integrates safety, environmental and water law.  The Petroleum & Gas (Production and Safety) Act’s safety provisions and certain investigation and enforcement rules apply to geothermal activities (s.4).  Granting tenures is conditional on environmental authorities and any Water Act authorisations (ss.39, 81, 294).\n\n- Regulates overlapping use of land and resources.  Where geothermal tenures overlap other resource tenures (mining, petroleum, GHG storage), the statute requires coordination arrangements, ministerial approvals for coordination, and special decision pathways to manage conflicts (chapter 5; ss.135–146; ss.138–145; ss.147–164).\n\n- Imposes a royalty regime and reporting obligations on producers (ss.104–107).  The rate, timing and measurement rules are set in regulation (s.105).\n\n- Requires measurement, record-keeping and data sharing.  Tenure holders must measure production, retain records/samples and provide specified data to the chief executive; the State may publish or sell that data after confidentiality periods (ss.192–197, 329).\n\n- Makes holders legally responsible for wells and decommissioning.  Holders must decommission wells before tenure ends (plugging, abandonment and notice to water authority).  After decommissioning the State takes ownership of the well for the purpose of this Act (chs 6, ss.198–202).\n\n- Provides enforcement, remedial powers and penalties.  The Minister and authorised officers have powers to amend tenures, require relinquishment, cancel tenures, impose monetary penalties and take remedial action; there are criminal and civil penalties for unauthorised geothermal activity and other breaches (ss.320–326; ss.327–334; ch.7).\n\n- Preserves appeal rights.  Decisions of the Minister specified in schedule 1 may be appealed to the Land Court (chs 7, ss.335–341).\n\nWho pays, who decides, and what changes in behaviour\n\n- Who pays: geothermal tenure holders pay application fees, annual rent (s.130), royalties on production (s.104–106), security (s.204) and any civil penalties or costs for remedial work (ss.203, 311, 373).  They also bear costs of compliance: preparing work programs/development plans, independent verifications (s.50, s.92), environmental and water approvals, measurement and record keeping (ss.48, 90, 192–194).\n\n- Who decides: the Minister is the primary decision-maker for granting, refusing and imposing conditions on tenures (chs 2 and 3).  The chief executive administers registrations, data, and operational notices.  The Land Court hears appeals from affected persons (chs 7, ss.335–340).\n\n- Behaviour changes required of industry and landholders:\n  - Companies must plan, fund and demonstrate technical capability and environmental controls before they get rights (s.36, s.78, s.91).\n  - Permit/lease holders must follow mandatory work programs/development plans, consult landholders and follow safety, environmental and water law (ss.44–63; ss.86–103; ss.128–132; s.127).\n  - Holders must relinquish ground on a schedule, decommission wells, preserve and hand over data, and pay rents/royalties (ss.109–121, 190–197, 130–131, 104–106).\n  - Overlapping-tenure holders must either coordinate (formal coordination arrangements, ch.5) or risk priority decisions by the Minister.\n\nWhy the Act says it matters, and a practical test of the claimed purpose\n\n- Official purpose claim (s.3): \"to encourage and facilitate the safe production of geothermal energy\" by granting tenures and creating a regulatory system.\n\n- Practical test: the Act creates a full property-use and regulatory framework (ownership by State, tenures, production leases, royalties, safety/environmental requirements and enforcement).  That structure makes commercial development legally practicable but also imposes explicit costs and compliance steps on private actors (detailed approvals, verification reports, security and relinquishment obligations).  Mechanisms that support the stated purpose include clear tenure rights (which reduce legal uncertainty), integration with safety and environmental regimes (s.4, ss.39, 81, 91) and data-sharing to support resource development (ss.192–197).\n\nTrade-offs, incentives and implementation risks (concrete mechanisms)\n\n- Compliance cost and up-front verification.  The Minister can require independent verification of technical and financial claims (s.50, s.92).  That protects the public interest but raises costs for applicants (verification fees are borne by applicants).  The Act also allows the Minister to require substantial security (s.204–209), increasing upfront capital needs.\n\n- Ministerial discretion and centralised decision-making.  Many decisions (granting, conditions, coordination approval, noncompliance action) rest with the Minister or chief executive (eg ss.39, 82, 141, 320, 352).  That enables flexible resource management but concentrates decision rights and creates administrative risk and timing uncertainty for applicants.\n\n- Coordination vs fragmentation.  The Act requires coordination where other resource tenures overlap (chapter 5, ss.138–145).  That reduces operational conflict but creates negotiation costs and potential delay; it also opens a path for overlapping-tenure holders to obtain priority in some cases (ss.152–156), which can change commercial incentives.\n\n- Data disclosure vs commercial confidentiality.  The State may publish or sell required information after confidentiality periods (s.196).  This promotes wider exploration by lowering information costs for newcomers, but may reduce incumbents’ incentives to invest if commercially sensitive data are released too early.\n\n- Landholder impacts and safeguards.  The Act permits authorised geothermal activities to proceed despite some landowner rights (s.356) but imposes duty to consult (s.128), land-access code compliance (s.129) and compensation mechanisms (ch.5 and ss.305–311 for remedial entry and compensation).  Those provisions balance access against landholder protections but depend on timely enforcement (administration risk).\n\n- Narrow exemptions and scope limits.  Small-scale heat-pump uses and small-scale production are expressly exempt from tenure requirements (ss.15, 16, 327, and cross-ref s.327).  That steers the regime to medium-to-large projects and leaves low-impact local uses outside the heavier regulatory net.\n\nConcrete implementation risks and opportunity costs\n\n- Overlap with other resource Acts and multiple approval tracks creates sequencing risks (decision deferrals while other leases or EIS processes proceed—see ss.165–167).  That may delay projects and raise holding costs for industry.\n\n- The State’s ability to require data, royalties and security (ss.192–197; ss.104–107; ss.203–210) creates ongoing public revenue opportunities but raises the commercial break-even threshold for private developers.\n\n- Enforcement and remedial powers are broad (ss.305–311, 320).  Where enforcement is used frequently or unpredictably it will raise perceived regulatory risk and capital costs for developers.\n\nSummary in one paragraph\n\nThe Geothermal Energy Act 2010 makes the State the owner of subsurface geothermal energy (s.28) and establishes a regulated tenure system for exploration and production (permits and leases), with detailed application, approval and approval-review processes, mandatory work programs/development plans, consultation and compensation duties, coordination rules where geothermal rights overlap other resource rights, reporting and data-sharing obligations, decommissioning duties, a royalty framework, security and enforcement powers, and appeal rights to the Land Court.  The Minister centrally controls grant and condition-setting, while tenure holders pay rents/royalties, deliver technical plans and reports, consult landholders, and bear the costs and risks of compliance (see ss.19, 39–41, 75–82, 104–107, 109–121, 192–202, 203–210, 320)."},"kimi_summary":{"_metrics":{"completionTokens":749},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose of establishing a comprehensive regulatory framework for geothermal energy exploration and production in Queensland. The extensive provisions for coordination with other resource industries, environmental protections, and land access reflect the inherent complexity of subsurface resource management rather than scope creep."},"complexity_factors":["Extensive cross-referencing with at least 5 other Acts (Petroleum and Gas Act, Mineral Resources Act, Greenhouse Gas Storage Act, Water Act, Environmental Protection Act)","Nested conditional logic throughout — e.g., section 294 has 6 subsections with multiple 'if/then' branches for renewal decisions","47+ defined terms in the dictionary (schedule 2) plus numerous inline definitions","Multiple overlapping approval processes: work programs, development plans, environmental authorities, water authorisations, safety management plans","Complex area calculations involving blocks, sub-blocks, residual blocks, and relinquishment percentages (sections 111-115)","Temporal conditions with precise business day calculations (e.g., '40 but no more than 100 business days' in section 118)","Exception layering: standard rules plus exceptions for potential commercial areas, coordinated projects, overlapping authorities, and exempt heat pump production"],"plain_english_summary":"**What this law does:**\n\nThis is Queensland's framework for managing **geothermal energy** — heat from beneath the earth's surface that can be used for electricity generation or direct heating.\n\n**Key points:**\n\n- **State ownership:** All geothermal energy underground belongs to the Queensland government, regardless of who owns the land above (section 28). This is similar to how petroleum and minerals are treated.\n\n- **Two types of permits:**\n  - **Geothermal exploration permits** — let companies explore for geothermal resources (up to 5 years, max 15 years total)\n  - **Geothermal production leases** — allow actual extraction and use of geothermal energy (up to 30 years initially, renewable for up to 20 more years)\n\n- **Application process:** Companies must submit detailed work programs (for exploration) or development plans (for production) showing what they'll do, when, where, and at what cost. The Minister approves these based on technical and financial capability.\n\n- **Land access:** Tenure holders must consult with landowners and occupiers, pay compensation for any damage, and follow a \"land access code\" (sections 128-129).\n\n- **Royalties:** Companies pay the state royalties on geothermal energy produced (sections 104-108).\n\n- **Safety and environment:** Operations must comply with environmental authorities and water laws. Safety is regulated under the Petroleum and Gas Act (section 4).\n\n- **Relinquishment:** Exploration permit holders must give up at least one-third of their area every 5 years if they haven't moved to production (section 111).\n\n- **Coordination with other resources:** Special rules apply when geothermal areas overlap with mining, petroleum, or greenhouse gas storage tenures (chapter 5).\n\n**Who it affects:**\n- Energy companies wanting to develop geothermal projects\n- Landowners whose property is over geothermal resources\n- Local governments (who receive rates from geothermal leases)\n- Other resource industries operating in the same areas\n\n**Why it matters:**\nGeothermal is a renewable energy source that could help Queensland reduce carbon emissions. This law creates a regulated pathway to develop it while protecting landowner rights, other resource industries, and the environment."}},"importantCases":[],"_links":{"self":"/api/acts/geothermal-energy-act-2010","history":"/api/acts/geothermal-energy-act-2010/history","analysis":"/api/acts/geothermal-energy-act-2010/analysis","conflicts":"/api/acts/geothermal-energy-act-2010/conflicts","importantCases":"/api/acts/geothermal-energy-act-2010/important-cases","documents":"/api/acts/geothermal-energy-act-2010/documents"}}