sec.327Restriction on carrying out geothermal activities

### 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 .