QLDIn ForceAct
Geothermal Energy Act 2010
sec.305Power of authorised person to ensure compliance
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### sec.305 Power of authorised person to ensure compliance
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)
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.
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.
The authorisation under subsection (2) —
must be written; and
may be given on conditions the chief executive considers appropriate.
(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)
(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.
(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.
(sec.305-ssec.4) The authorisation under subsection (2) — must be written; and may be given on conditions the chief executive considers appropriate.
- (a) a requirement under section 200 or 361 relating to the land;
- (b) a requirement under an environmental requirement under the Environmental Protection Act to conduct work on the land.
- (a) enter the primary land and do all things necessary to ensure the requirement is complied with;
- (b) enter any other land ( secondary land ) necessary or desirable to cross for access to the primary land.
- (a) must be written; and
- (b) may be given on conditions the chief executive considers appropriate.