sec.78CFResolving disputes about the restrictions

### sec.78CF Resolving disputes about the restrictions This section applies if, under section 78CD , a geothermal lease or GHG lease holder has objected to the carrying out of an authorised activity by an authority to prospect holder. This section also applies if there is a dispute between an authority to prospect holder and a geothermal permit or GHG authority holder about whether an authorised activity for the authority to prospect can be carried out under section 78CE . Either of the parties may by a notice in the approved form ask the Minister to decide— for section 78CD —whether the authorised activity may be carried out under that section; or for section 78CE —whether the authorised activity may be carried out under that section. Before making the decision, the Minister must give the parties a reasonable opportunity to make submissions about the request within a reasonable period. For other relevant provisions about making a submission, see part 9 , division 1A . The Minister must after complying with subsection (4) and considering any submission made under that subsection, decide the matter and give the parties notice of the decision. The Minister’s decision binds the parties. If the request is about a matter mentioned in subsection (1) , the Minister may impose conditions on any decision that the authorised activity may be carried out. In this section— parties means— for a request about a matter mentioned in subsection (1) —the authority to prospect holder and the geothermal lease or GHG lease holder; or for a request about a matter mentioned in subsection (2) —the authority to prospect holder and the geothermal permit or GHG authority holder. s 78CF ins 2009 No. 3 s 531 sub 2010 No. 31 s 539 amd 2012 No. 20 s 281 sch 2 (sec.78CF-ssec.1) This section applies if, under section 78CD , a geothermal lease or GHG lease holder has objected to the carrying out of an authorised activity by an authority to prospect holder. (sec.78CF-ssec.2) This section also applies if there is a dispute between an authority to prospect holder and a geothermal permit or GHG authority holder about whether an authorised activity for the authority to prospect can be carried out under section 78CE . (sec.78CF-ssec.3) Either of the parties may by a notice in the approved form ask the Minister to decide— for section 78CD —whether the authorised activity may be carried out under that section; or for section 78CE —whether the authorised activity may be carried out under that section. (sec.78CF-ssec.4) Before making the decision, the Minister must give the parties a reasonable opportunity to make submissions about the request within a reasonable period. For other relevant provisions about making a submission, see part 9 , division 1A . (sec.78CF-ssec.5) The Minister must after complying with subsection (4) and considering any submission made under that subsection, decide the matter and give the parties notice of the decision. (sec.78CF-ssec.6) The Minister’s decision binds the parties. (sec.78CF-ssec.7) If the request is about a matter mentioned in subsection (1) , the Minister may impose conditions on any decision that the authorised activity may be carried out. (sec.78CF-ssec.8) In this section— parties means— for a request about a matter mentioned in subsection (1) —the authority to prospect holder and the geothermal lease or GHG lease holder; or for a request about a matter mentioned in subsection (2) —the authority to prospect holder and the geothermal permit or GHG authority holder. - (a) for section 78CD —whether the authorised activity may be carried out under that section; or - (b) for section 78CE —whether the authorised activity may be carried out under that section. - (a) for a request about a matter mentioned in subsection (1) —the authority to prospect holder and the geothermal lease or GHG lease holder; or - (b) for a request about a matter mentioned in subsection (2) —the authority to prospect holder and the geothermal permit or GHG authority holder.