QLDIn ForceAct
Geothermal Energy Act 2010
sec.172Resolving disputes
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### sec.172 Resolving disputes
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.
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 .
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.
Before making the decision the Minister must give the parties a reasonable opportunity to make submissions about the request within a reasonable period.
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.
The Minister’s decision binds the parties.
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.
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.
(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.
(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 .
(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.
(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.
(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.
(sec.172-ssec.6) The Minister’s decision binds the parties.
(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.
(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.
- (a) for section 170 —whether the authorised activity may be carried out under that section; or
- (b) for section 171 —whether the authorised activity may be carried out under that section.
- (a) for a request about a matter mentioned in subsection (1) —the geothermal permit holder and the relevant lease holder; or
- (b) for a request about a matter mentioned in subsection (2) —the geothermal permit holder and the exploration authority (non-geothermal) holder.