sec.321When noncompliance action may be taken

### sec.321 When noncompliance action may be taken 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. 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. Also, it is an event for subsection (1) if the holder is not, or has ceased to be, an eligible person. s 321 amd 2012 No. 20 s 323 sch 3 (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. (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. (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. - (a) an event mentioned in subsection (2) or (3) has happened; and - (b) the procedure under division 3 for taking the action has been followed; and - (c) the geothermal tenure for which the noncompliance action is taken relates to the event for which the action is taken. - (a) obtained the geothermal tenure because of a materially false or misleading representation or declaration made orally or in writing; or - (b) has failed to comply with this Act, a direction given under this Act or the geothermal tenure; or - (c) did not pay an amount under this Act by the day it became owing; or - (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 - (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 - (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 - (e) has used the geothermal tenure for a purpose other than for a purpose for which it was granted; or - (f) has carried out or purported to carry out work under the geothermal tenure for which the tenure was not granted. - (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 - (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 - (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