36Factors determining grant of application

36 Factors determining grant of application

(1) The Minister must grant a retention lease if—

(a) the applicant for the lease has provided all the information required by the Minister and has otherwise complied with section 35; and

(b) the applicant has complied with the conditions of the exploration permit and all applicable laws in relation to that permit; and

(c) the Minister is satisfied that the extraction of geothermal energy or geothermal energy resources from the proposed lease area—

(i) was not commercially viable on the day the application for the lease was made; but

(ii) might become commercially viable within the next 15 years.

(2) The Minister may grant a retention lease if—

(a) subsections (1)(a) and (1)(c) apply; and

(b) satisfied that there are special circumstances concerning the failure to comply with the conditions of the exploration permit, or with an applicable law, that justify the granting of the lease.

(3) The Minister must not grant a retention lease in any other circumstances.