122Powers of officer

122 Powers of officer (1) Subject to this Act, a geothermal energy officer may, in relation to a geothermal authority area do any of the following: (a) enter and inspect the area at any time, with the assistants the officer considers necessary;

Geothermal Energy Act 2009 58 (b) require the assistance of the geothermal authority holder, the operator, a contractor or another member of the workforce to obtain access to parts of the area or information necessary to enable the officer to perform the officer's functions; (c) require a person to give the officer information that is reasonably necessary: (i) to assist the officer to perform a function under this Act; or (ii) for the administration or enforcement of this Act; (d) require the geothermal holder, the operator, a contractor or another member of the workforce to attend and answer questions in connection with an investigation into: (i) a serious accident or critical incident; or (ii) a complaint received by the officer; or (iii) other matters relevant to this Act; (e) issue written instructions to the operator; (f) direct the operator to take action to ensure compliance with the geothermal operations plan for the area or other obligations under this Act; (g) close all or part of the area if the officer has assessed there is an immediate risk of a serious accident; (h) if the officer reasonably believes that an offence against this Act has been, is being or is about to be committed – seize or secure any thing the officer reasonably believes has been, is being or is about to be used in connection with the commission of the offence; (i) take any other action that may be reasonably necessary to: (i) protect the environment; or (ii) ensure compliance with this Act or the operations plan for the area; or (iii) prevent the commission of an offence against this Act. (2) A geothermal officer exercising a power under subsection (1)(h) may do so without a warrant and with the assistance the officer considers necessary.

Division 3 Review of decisions and hearing of other matters Geothermal Energy Act 2009 59 (3) As soon as practicable after an officer seizes a thing under subsection (1)(h), the officer must: (a) give the Minister a written report about the seizure; and (b) deliver the thing to the Minister or a person authorised in writing by the Minister to accept delivery of it. (4) A person must not contravene a requirement given to the person under this section. Maximum penalty: 100 penalty units. (5) It is a defence to a prosecution for an offence against subsection (4) if the defendant establishes a reasonable excuse. Division 3 Review of decisions and hearing of other matters