sec.361Obligation to remove equipment and improvements

### sec.361 Obligation to remove equipment and improvements This section applies for equipment or improvements in a geothermal tenure’s area or on access land for a geothermal tenure that are being, or have been, used for an authorised activity for the tenure. However, this section does not apply for— a geothermal well; or For a geothermal well, see chapter 6 , part 3 , division 2 (Decommissioning of geothermal wells). equipment or improvements on land that, under section 189 , ceases to be in a geothermal permit’s area. The holder of the geothermal tenure must, before the removal day, remove the equipment or improvements from the land unless the owner of the land otherwise agrees. Maximum penalty—1000 penalty units. To remove any doubt, it is declared that subsection (3) applies even if the equipment or improvements are not owned by the holder. In this section— equipment includes machinery and plant. removal day means the latest of the following days— the earlier of the following— the day the geothermal tenure ends; the day the land ceases to be in the geothermal tenure’s area; if before the day provided for under paragraph (a) , the Minister fixes a day—that day; if before a day fixed under paragraph (b) , the Minister fixes a later day—that day. (sec.361-ssec.1) This section applies for equipment or improvements in a geothermal tenure’s area or on access land for a geothermal tenure that are being, or have been, used for an authorised activity for the tenure. (sec.361-ssec.2) However, this section does not apply for— a geothermal well; or For a geothermal well, see chapter 6 , part 3 , division 2 (Decommissioning of geothermal wells). equipment or improvements on land that, under section 189 , ceases to be in a geothermal permit’s area. (sec.361-ssec.3) The holder of the geothermal tenure must, before the removal day, remove the equipment or improvements from the land unless the owner of the land otherwise agrees. Maximum penalty—1000 penalty units. (sec.361-ssec.4) To remove any doubt, it is declared that subsection (3) applies even if the equipment or improvements are not owned by the holder. (sec.361-ssec.5) In this section— equipment includes machinery and plant. removal day means the latest of the following days— the earlier of the following— the day the geothermal tenure ends; the day the land ceases to be in the geothermal tenure’s area; if before the day provided for under paragraph (a) , the Minister fixes a day—that day; if before a day fixed under paragraph (b) , the Minister fixes a later day—that day. - (a) a geothermal well; or Note— For a geothermal well, see chapter 6 , part 3 , division 2 (Decommissioning of geothermal wells). - (b) equipment or improvements on land that, under section 189 , ceases to be in a geothermal permit’s area. - (a) the earlier of the following— (i) the day the geothermal tenure ends; (ii) the day the land ceases to be in the geothermal tenure’s area; - (i) the day the geothermal tenure ends; - (ii) the day the land ceases to be in the geothermal tenure’s area; - (b) if before the day provided for under paragraph (a) , the Minister fixes a day—that day; - (c) if before a day fixed under paragraph (b) , the Minister fixes a later day—that day. - (i) the day the geothermal tenure ends; - (ii) the day the land ceases to be in the geothermal tenure’s area;