QLDIn ForceAct
Geothermal Energy Act 2010
sec.327Restriction on carrying out geothermal activities
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### sec.327 Restriction on carrying out geothermal activities
A person must not carry out a geothermal activity in relation to land unless—
the activity is carried out under a geothermal tenure or a direction under this Act; or
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
the person—
is carrying out the activity for the State; and
has, under section 375 , been authorised for that purpose; and
is acting within the scope of that authority; or
the activity is exempt heat pump production or the installation of a geothermal heat pump for exempt heat pump production; or
the activity is geothermal production and it is not of a large-scale; or
the activity is geothermal exploration for exempt heat pump production.
Maximum penalty—2000 penalty units.
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 .
If a corporation commits an offence against this provision, an executive officer of the corporation may commit an offence against section 333 .
s 327 amd 2013 No. 51 s 229 sch 1 ; 2016 No. 27 s 263 ; 2018 No. 17 s 197 sch 2
- (a) the activity is carried out under a geothermal tenure or a direction under this Act; or
- (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
- (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
- (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
- (d) the activity is exempt heat pump production or the installation of a geothermal heat pump for exempt heat pump production; or
- (e) the activity is geothermal production and it is not of a large-scale; or
- (f) the activity is geothermal exploration for exempt heat pump production.
- (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
- 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 .
- 2 If a corporation commits an offence against this provision, an executive officer of the corporation may commit an offence against section 333 .