sec.35Who may apply

### sec.35 Who may apply Any eligible person may apply for a geothermal permit for land other than— land in a restricted area; or excluded land; or land in an existing geothermal tenure’s area; or land that has been in a geothermal tenure’s area and less than 2 months has passed since the end of the month in which the land ceased to be in— the geothermal tenure; or if the geothermal tenure has ended—the former geothermal tenure’s area; or land that has been the subject of an earlier geothermal tenure application that has been refused or withdrawn and less than 2 months has passed since the end of the month in which the earlier geothermal tenure application was refused or withdrawn. Also, a geothermal permit application (the relevant application ) may be made for land the subject of an existing application only if— the land is in a released area and the relevant application is made during the application period for the area; or the existing application was made on the same day as the relevant application. Despite subsection (1) , a geothermal permit application can not be made for geothermal exploration— for exempt heat pump production; or to evaluate the feasibility of exempt heat pump production. In this section— existing application means another geothermal permit application made but not decided. s 35 amd 2012 No. 20 s 129 (sec.35-ssec.1) Any eligible person may apply for a geothermal permit for land other than— land in a restricted area; or excluded land; or land in an existing geothermal tenure’s area; or land that has been in a geothermal tenure’s area and less than 2 months has passed since the end of the month in which the land ceased to be in— the geothermal tenure; or if the geothermal tenure has ended—the former geothermal tenure’s area; or land that has been the subject of an earlier geothermal tenure application that has been refused or withdrawn and less than 2 months has passed since the end of the month in which the earlier geothermal tenure application was refused or withdrawn. (sec.35-ssec.2) Also, a geothermal permit application (the relevant application ) may be made for land the subject of an existing application only if— the land is in a released area and the relevant application is made during the application period for the area; or the existing application was made on the same day as the relevant application. (sec.35-ssec.3) Despite subsection (1) , a geothermal permit application can not be made for geothermal exploration— for exempt heat pump production; or to evaluate the feasibility of exempt heat pump production. (sec.35-ssec.4) In this section— existing application means another geothermal permit application made but not decided. - (a) land in a restricted area; or - (b) excluded land; or - (c) land in an existing geothermal tenure’s area; or - (d) land that has been in a geothermal tenure’s area and less than 2 months has passed since the end of the month in which the land ceased to be in— (i) the geothermal tenure; or (ii) if the geothermal tenure has ended—the former geothermal tenure’s area; or - (i) the geothermal tenure; or - (ii) if the geothermal tenure has ended—the former geothermal tenure’s area; or - (e) land that has been the subject of an earlier geothermal tenure application that has been refused or withdrawn and less than 2 months has passed since the end of the month in which the earlier geothermal tenure application was refused or withdrawn. - (i) the geothermal tenure; or - (ii) if the geothermal tenure has ended—the former geothermal tenure’s area; or - (a) the land is in a released area and the relevant application is made during the application period for the area; or - (b) the existing application was made on the same day as the relevant application. - (a) for exempt heat pump production; or - (b) to evaluate the feasibility of exempt heat pump production.