QLDIn ForceAct
Geothermal Energy Act 2010
sec.350CApplications relating to land taken under a resumption law for which geothermal interests were extinguished
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### sec.350C Applications relating to land taken under a resumption law for which geothermal interests were extinguished
The Minister may, under a grant provision, grant a new geothermal tenure for an area that includes acquired land only if the Minister, after consulting the entity that took the land, is satisfied the grant of the tenure is compatible with the purpose for which the land is being or is to be used.
If there are 2 or more applications under this Act for the grant, under a grant provision, of a new geothermal tenure for an area that includes the same acquired land, the applications are to be dealt with as follows—
the applications must be considered and decided according to the day on which they are made;
if the applications were made on the same day—
they take the priority the Minister decides, after considering the relative merits of each application; and
the Minister must give each applicant a notice stating there is competition for priority between the applicant’s application and another application, or other applications, made on the same day as the day on which the applicant’s application was made.
If a grant provision provides for the grant of a new geothermal tenure (the new tenure ) over land in the area of an existing geothermal tenure (the existing tenure )—
the application under this Act for the new tenure may include acquired land that was, immediately before the taking of the land, in the existing tenure’s area; and
subject to subsections (1) and (2) , the Minister may grant the new tenure for an area that includes the acquired land as if the acquired land were in the existing tenure’s area.
To remove any doubt, it is declared that this section does not affect the operation of the provisions of this Act about the application for, and grant of, a new geothermal tenure other than to the extent provided for in subsections (1) to (3) .
In this section—
grant provision means a provision of this Act providing for the grant of a new geothermal tenure.
new geothermal tenure includes a renewed geothermal tenure.
s 350C ins 2012 No. 20 s 21
(sec.350C-ssec.1) The Minister may, under a grant provision, grant a new geothermal tenure for an area that includes acquired land only if the Minister, after consulting the entity that took the land, is satisfied the grant of the tenure is compatible with the purpose for which the land is being or is to be used.
(sec.350C-ssec.2) If there are 2 or more applications under this Act for the grant, under a grant provision, of a new geothermal tenure for an area that includes the same acquired land, the applications are to be dealt with as follows— the applications must be considered and decided according to the day on which they are made; if the applications were made on the same day— they take the priority the Minister decides, after considering the relative merits of each application; and the Minister must give each applicant a notice stating there is competition for priority between the applicant’s application and another application, or other applications, made on the same day as the day on which the applicant’s application was made.
(sec.350C-ssec.3) If a grant provision provides for the grant of a new geothermal tenure (the new tenure ) over land in the area of an existing geothermal tenure (the existing tenure )— the application under this Act for the new tenure may include acquired land that was, immediately before the taking of the land, in the existing tenure’s area; and subject to subsections (1) and (2) , the Minister may grant the new tenure for an area that includes the acquired land as if the acquired land were in the existing tenure’s area.
(sec.350C-ssec.4) To remove any doubt, it is declared that this section does not affect the operation of the provisions of this Act about the application for, and grant of, a new geothermal tenure other than to the extent provided for in subsections (1) to (3) .
(sec.350C-ssec.5) In this section— grant provision means a provision of this Act providing for the grant of a new geothermal tenure. new geothermal tenure includes a renewed geothermal tenure.
- (a) the applications must be considered and decided according to the day on which they are made;
- (b) if the applications were made on the same day— (i) they take the priority the Minister decides, after considering the relative merits of each application; and (ii) the Minister must give each applicant a notice stating there is competition for priority between the applicant’s application and another application, or other applications, made on the same day as the day on which the applicant’s application was made.
- (i) they take the priority the Minister decides, after considering the relative merits of each application; and
- (ii) the Minister must give each applicant a notice stating there is competition for priority between the applicant’s application and another application, or other applications, made on the same day as the day on which the applicant’s application was made.
- (i) they take the priority the Minister decides, after considering the relative merits of each application; and
- (ii) the Minister must give each applicant a notice stating there is competition for priority between the applicant’s application and another application, or other applications, made on the same day as the day on which the applicant’s application was made.
- (a) the application under this Act for the new tenure may include acquired land that was, immediately before the taking of the land, in the existing tenure’s area; and
- (b) subject to subsections (1) and (2) , the Minister may grant the new tenure for an area that includes the acquired land as if the acquired land were in the existing tenure’s area.