78FAmendments to planning schemes to facilitate exploration and extraction

78F Amendments to planning schemes to facilitate exploration and extraction

(1) In addition to any other power to prepare, adopt or approve amendments to planning schemes, the Minister administering the Planning and Environment Act 1987 may—

(a) on the recommendation of the Minister, prepare; and

(b) adopt and approve—

amendments to any planning scheme to facilitate geothermal energy operation on any land to which the planning scheme applies.

(2) Without limiting what an amendment may include, an amendment prepared under subsection (1) may provide that, in the circumstances set out in section 62, no permit is required to do any thing authorised by an authority.

(3) The Planning and Environment Act 1987 (except section 12(2), Divisions 1 and 2 of Part 3 and section 39(1) to (5) and any regulations made for the purposes of those provisions) applies to the preparation, adoption and approval of an amendment under subsection (1).

(4) Section 39(7) of the Planning and Environment Act 1987 applies to an amendment prepared, adopted or approved under subsection (1) as if before "Division 1" there were inserted "section 12(1) or".

(5) Section 39(8) of the Planning and Environment Act 1987 applies to an amendment prepared or adopted under subsection (1) as if—

(a) the expression "Except for an application under this section," were deleted; and

(b) before "Division 1" there were inserted "section 12(1) or".

(6) Section 46 of the Planning and Environment Act 1987 does not apply to a planning scheme to the extent to which, because of an amendment prepared, adopted or approved under subsection (1), it is expressed or purports to deal with any land that has been permanently reserved for any purpose set out in section 4 of the Crown Land (Reserves) Act 1978 in any manner inconsistent with that reservation.

(7) Nothing in this section prevents either House of Parliament exercising its power under section 38 of the Planning and Environment Act 1987.

Part 7—Requirements before operations allowed on land

Division 1—Wilderness Crown land

79 Operations on wilderness land barred

(1) A person must not carry out any geothermal energy operation on land that is a marine national park, a marine sanctuary, a reference area under the Reference Areas Act 1978 or a wilderness zone or wilderness park under the National Parks Act 1975.