sec.350BEffect of extinguishment of geothermal interests on the taking of land in a geothermal tenure’s area (other than by an easement)

### sec.350B Effect of extinguishment of geothermal interests on the taking of land in a geothermal tenure’s area (other than by an easement) This section applies if, under section 350A , the resumption notice for the taking of land (other than by taking or otherwise creating an easement) under a resumption law provides for the extinguishment of geothermal interests for stated land. If the resumption notice states that all geothermal interests relating to the stated land are extinguished and a geothermal interest relates only to the stated land, the interest is wholly extinguished. If the resumption notice states that all geothermal interests relating to the stated land are extinguished and a geothermal interest relates to the stated land and other land— the stated land is no longer the subject of the interest; and without limiting paragraph (a) — the stated land is excluded from the area of the geothermal tenure comprising the interest, or under or in relation to which the interest exists; and this Act applies in relation to the area of the geothermal tenure with necessary and convenient changes to allow for the exclusion of the stated land, including, for example— to allow the area to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; and if the stated land, or a part of it, is within a potential geothermal commercial area for a geothermal permit—to exclude the stated land or part from the potential geothermal commercial area. If the resumption notice states that the carrying out of stated activities on the stated land by holders of stated geothermal interests is prohibited, the holder of a stated geothermal interest is not, or is no longer, authorised to carry out the stated activities on the stated land. However, subsections (3) and (4) do not apply in relation to a geothermal interest that comprises, or exists under or in relation to, a new or renewed geothermal tenure granted after the land is taken. s 350B ins 2012 No. 20 s 21 (sec.350B-ssec.1) This section applies if, under section 350A , the resumption notice for the taking of land (other than by taking or otherwise creating an easement) under a resumption law provides for the extinguishment of geothermal interests for stated land. (sec.350B-ssec.2) If the resumption notice states that all geothermal interests relating to the stated land are extinguished and a geothermal interest relates only to the stated land, the interest is wholly extinguished. (sec.350B-ssec.3) If the resumption notice states that all geothermal interests relating to the stated land are extinguished and a geothermal interest relates to the stated land and other land— the stated land is no longer the subject of the interest; and without limiting paragraph (a) — the stated land is excluded from the area of the geothermal tenure comprising the interest, or under or in relation to which the interest exists; and this Act applies in relation to the area of the geothermal tenure with necessary and convenient changes to allow for the exclusion of the stated land, including, for example— to allow the area to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; and if the stated land, or a part of it, is within a potential geothermal commercial area for a geothermal permit—to exclude the stated land or part from the potential geothermal commercial area. (sec.350B-ssec.4) If the resumption notice states that the carrying out of stated activities on the stated land by holders of stated geothermal interests is prohibited, the holder of a stated geothermal interest is not, or is no longer, authorised to carry out the stated activities on the stated land. (sec.350B-ssec.5) However, subsections (3) and (4) do not apply in relation to a geothermal interest that comprises, or exists under or in relation to, a new or renewed geothermal tenure granted after the land is taken. - (a) the stated land is no longer the subject of the interest; and - (b) without limiting paragraph (a) — (i) the stated land is excluded from the area of the geothermal tenure comprising the interest, or under or in relation to which the interest exists; and (ii) this Act applies in relation to the area of the geothermal tenure with necessary and convenient changes to allow for the exclusion of the stated land, including, for example— (A) to allow the area to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; and (B) if the stated land, or a part of it, is within a potential geothermal commercial area for a geothermal permit—to exclude the stated land or part from the potential geothermal commercial area. - (i) the stated land is excluded from the area of the geothermal tenure comprising the interest, or under or in relation to which the interest exists; and - (ii) this Act applies in relation to the area of the geothermal tenure with necessary and convenient changes to allow for the exclusion of the stated land, including, for example— (A) to allow the area to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; and (B) if the stated land, or a part of it, is within a potential geothermal commercial area for a geothermal permit—to exclude the stated land or part from the potential geothermal commercial area. - (A) to allow the area to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; and - (B) if the stated land, or a part of it, is within a potential geothermal commercial area for a geothermal permit—to exclude the stated land or part from the potential geothermal commercial area. - (i) the stated land is excluded from the area of the geothermal tenure comprising the interest, or under or in relation to which the interest exists; and - (ii) this Act applies in relation to the area of the geothermal tenure with necessary and convenient changes to allow for the exclusion of the stated land, including, for example— (A) to allow the area to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; and (B) if the stated land, or a part of it, is within a potential geothermal commercial area for a geothermal permit—to exclude the stated land or part from the potential geothermal commercial area. - (A) to allow the area to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; and - (B) if the stated land, or a part of it, is within a potential geothermal commercial area for a geothermal permit—to exclude the stated land or part from the potential geothermal commercial area. - (A) to allow the area to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area; and - (B) if the stated land, or a part of it, is within a potential geothermal commercial area for a geothermal permit—to exclude the stated land or part from the potential geothermal commercial area.