sec.228ELand access requirements for particular applications under Geothermal Act not decided before commencement

### sec.228E Land access requirements for particular applications under Geothermal Act not decided before commencement This section applies if— before the commencement, a person applied for a geothermal tenure under the pre-amended Geothermal Act; and the geothermal tenure is granted after the commencement; and if the geothermal tenure had been granted under the pre-amended Geothermal Act, an authorised activity for the geothermal tenure— would have been permitted, under the pre-amended Geothermal Act, section 358(2), to be carried out on land within 300m laterally of a permanent building mentioned in section 358 (2) of that Act only with the written consent of the owner or occupier of the building; or would have been permitted, under the pre-amended Geothermal Act, section 358(3), to be carried out on land within 50m laterally of a thing mentioned in section 358 (3) of that Act only with the written consent of the owner or occupier of the thing. The pre-amended Geothermal Act continues to apply in relation to entry to the land as if— the new restricted land entry provisions had not commenced; and the Geothermal Act, section 358 had not been repealed. In this section— commencement means the commencement of chapter 3. s 228E ins 2017 No. 34 s 80 (sec.228E-ssec.1) This section applies if— before the commencement, a person applied for a geothermal tenure under the pre-amended Geothermal Act; and the geothermal tenure is granted after the commencement; and if the geothermal tenure had been granted under the pre-amended Geothermal Act, an authorised activity for the geothermal tenure— would have been permitted, under the pre-amended Geothermal Act, section 358(2), to be carried out on land within 300m laterally of a permanent building mentioned in section 358 (2) of that Act only with the written consent of the owner or occupier of the building; or would have been permitted, under the pre-amended Geothermal Act, section 358(3), to be carried out on land within 50m laterally of a thing mentioned in section 358 (3) of that Act only with the written consent of the owner or occupier of the thing. (sec.228E-ssec.2) The pre-amended Geothermal Act continues to apply in relation to entry to the land as if— the new restricted land entry provisions had not commenced; and the Geothermal Act, section 358 had not been repealed. (sec.228E-ssec.3) In this section— commencement means the commencement of chapter 3. - (a) before the commencement, a person applied for a geothermal tenure under the pre-amended Geothermal Act; and - (b) the geothermal tenure is granted after the commencement; and - (c) if the geothermal tenure had been granted under the pre-amended Geothermal Act, an authorised activity for the geothermal tenure— (i) would have been permitted, under the pre-amended Geothermal Act, section 358(2), to be carried out on land within 300m laterally of a permanent building mentioned in section 358 (2) of that Act only with the written consent of the owner or occupier of the building; or (ii) would have been permitted, under the pre-amended Geothermal Act, section 358(3), to be carried out on land within 50m laterally of a thing mentioned in section 358 (3) of that Act only with the written consent of the owner or occupier of the thing. - (i) would have been permitted, under the pre-amended Geothermal Act, section 358(2), to be carried out on land within 300m laterally of a permanent building mentioned in section 358 (2) of that Act only with the written consent of the owner or occupier of the building; or - (ii) would have been permitted, under the pre-amended Geothermal Act, section 358(3), to be carried out on land within 50m laterally of a thing mentioned in section 358 (3) of that Act only with the written consent of the owner or occupier of the thing. - (i) would have been permitted, under the pre-amended Geothermal Act, section 358(2), to be carried out on land within 300m laterally of a permanent building mentioned in section 358 (2) of that Act only with the written consent of the owner or occupier of the building; or - (ii) would have been permitted, under the pre-amended Geothermal Act, section 358(3), to be carried out on land within 50m laterally of a thing mentioned in section 358 (3) of that Act only with the written consent of the owner or occupier of the thing. - (a) the new restricted land entry provisions had not commenced; and - (b) the Geothermal Act, section 358 had not been repealed.