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This is a Bill, not an Act. For current law, see the Acts databases.


GEOTHERMAL ENERGY BILL 2010

          Queensland



Geothermal Energy Bill 2010

 


 

 

Queensland Geothermal Energy Bill 2010 Contents Page Chapter 1 Preliminary Part 1 Introduction 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Part 2 Purposes and application of Act 3 Purposes of Act and their achievement . . . . . . . . . . . . . . . . . . . . 42 4 Facilitation of Act by Petroleum and Gas (Production and Safety) Act 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 6 Application of Act to coastal waters of the State . . . . . . . . . . . . . 44 7 Relationship with Nature Conservation Act 1992 . . . . . . . . . . . . . 44 8 Relationship with GHG storage Act and principal mining and petroleum Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 9 Act does not affect other rights or remedies. . . . . . . . . . . . . . . . . 45 Part 3 Interpretation Division 1 Dictionary 10 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Division 2 Key definitions Subdivision 1 Key concepts 11 What is geothermal energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 12 What are geothermal resources . . . . . . . . . . . . . . . . . . . . . . . . . . 46 13 What is geothermal exploration . . . . . . . . . . . . . . . . . . . . . . . . . . 46 14 What is geothermal production. . . . . . . . . . . . . . . . . . . . . . . . . . . 47 15 What is exempt heat pump production . . . . . . . . . . . . . . . . . . . . . 47 16 References to large-scale geothermal production . . . . . . . . . . . . 47 17 What is production testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 18 What is a geothermal activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

 


 

Geothermal Energy Bill 2010 Contents Subdivision 2 Definitions relating to authorities under Act 19 Types of authority under Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 20 What are the conditions of a geothermal tenure . . . . . . . . . . . . . 49 21 References to geothermal tenure or provisions of geothermal tenure ...................................... 49 22 What is an authorised activity for a geothermal tenure . . . . . . . . 50 Subdivision 3 Other key definitions 23 Who is an eligible person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 24 What is a work program for a geothermal permit . . . . . . . . . . . . . 50 25 What is a development plan for a geothermal lease . . . . . . . . . . 51 26 Graticulation of earth's surface into blocks and sub-blocks . . . . . 51 27 What is a resource Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Part 4 State ownership of geothermal energy 28 State ownership of geothermal energy. . . . . . . . . . . . . . . . . . . . . 52 29 Reservation in land grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Chapter 2 Geothermal exploration permits Part 1 Key authorised activities 30 Operation of pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 31 Principal authorised activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 32 Incidental activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Part 2 Obtaining geothermal permit Division 1 Restricted areas 33 Minister's power to decide restricted areas for geothermal tenures ..................................... 55 34 Amendment or cancellation of restricted area . . . . . . . . . . . . . . . 55 Division 2 Applying for geothermal permit 35 Who may apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 36 Requirements for making application . . . . . . . . . . . . . . . . . . . . . . 56 Division 3 Deciding application 37 Restriction on deciding during application period for released area ........................................ 57 38 Effect of identification of restricted area on application . . . . . . . . 57 39 Deciding whether to grant geothermal permit . . . . . . . . . . . . . . . 58 40 Provisions and granting of geothermal permit . . . . . . . . . . . . . . . 58 41 Criteria for decisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 42 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Page 2

 


 

Geothermal Energy Bill 2010 Contents Division 4 Priority for deciding competing geothermal permit applications 43 Priority for deciding competing applications . . . . . . . . . . . . . . . . . 60 Part 3 Work programs Division 1 Function and purpose 44 Function and purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Division 2 Requirements for proposed initial work programs 45 Operation of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 46 Program period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 47 General requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 48 Water issues. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Division 3 Approval of proposed initial work programs 49 Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 50 Verification may be required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Division 4 Requirements for proposed later work programs 51 Operation of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 52 General requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 53 Program period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 54 Implementation of evaluation program for potential geothermal commercial area .................................. 65 Division 5 Approval of proposed later work programs 55 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 56 Geothermal permit taken to have work program until decision on whether to approve proposed program . . . . . . . . . . . . . . . . . . 65 57 Deciding whether to approve proposed program . . . . . . . . . . . . . 66 58 Steps after, and taking effect of, decision. . . . . . . . . . . . . . . . . . . 67 Division 6 Amending work programs 59 Restrictions on amending work program . . . . . . . . . . . . . . . . . . . 67 60 Applying for approval to amend . . . . . . . . . . . . . . . . . . . . . . . . . . 67 61 Verification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 62 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 63 Steps after, and taking effect of, decision. . . . . . . . . . . . . . . . . . . 68 Part 4 Potential geothermal commercial areas 64 Purpose of potential geothermal commercial area. . . . . . . . . . . . 69 65 Applying for potential geothermal commercial area . . . . . . . . . . . 69 66 Deciding potential geothermal commercial area application . . . . 71 67 Inclusion of evaluation program in work program . . . . . . . . . . . . . 71 Page 3

 


 

Geothermal Energy Bill 2010 Contents 68 Term of declaration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 69 Potential geothermal commercial area still part of geothermal permit .................................... 72 70 Effect of ending of declaration of potential geothermal commercial area ................................. 72 Part 5 Provisions to facilitate transition to geothermal lease 71 Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 72 Ministerial direction to apply for geothermal lease . . . . . . . . . . . . 73 73 Taking proposed action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Chapter 3 Geothermal production leases Part 1 Key authorised activities 74 Operation of pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 75 Principal authorised activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 76 Incidental activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Part 2 Transition from geothermal permit to geothermal lease Division 1 Applying for geothermal lease 77 Who may apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 78 Requirements for making application . . . . . . . . . . . . . . . . . . . . . . 77 79 Continuing effect of geothermal permit for application . . . . . . . . . 78 Division 2 Deciding application 80 Deciding whether to grant geothermal lease . . . . . . . . . . . . . . . . 78 81 Requirements for grant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 82 Provisions and granting of geothermal lease . . . . . . . . . . . . . . . . 80 83 Provisions about grant and conditions of geothermal lease for significant project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 84 Information notice about refusal . . . . . . . . . . . . . . . . . . . . . . . . . . 81 85 When refusal takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Part 3 Development plans Division 1 Function and purpose 86 Function and purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Division 2 Requirements for proposed initial development plans 87 Operation of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 88 Plan period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 89 General requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 90 Water issues. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Division 3 Approval of proposed initial development plans 91 Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Page 4

 


 

Geothermal Energy Bill 2010 Contents 92 Verification may be required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Division 4 Requirements for proposed later development plans 93 Operation of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 94 General requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Division 5 Approval of proposed later development plans 95 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 96 Geothermal lease taken to have development plan until decision on whether to approve proposed plan . . . . . . . . . . . . . . 88 97 Deciding whether to approve proposed plan . . . . . . . . . . . . . . . . 89 98 Steps after, and taking effect of, decision. . . . . . . . . . . . . . . . . . . 90 Division 6 Amending development plans 99 Restrictions on amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 100 Applying for approval to amend . . . . . . . . . . . . . . . . . . . . . . . . . . 91 101 Verification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 102 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 103 Steps after, and taking effect of, decision. . . . . . . . . . . . . . . . . . . 92 Part 4 Royalty on geothermal production 104 Imposition of geothermal royalty on geothermal producers . . . . . 92 105 Regulation for geothermal royalty. . . . . . . . . . . . . . . . . . . . . . . . . 92 106 Obligation to lodge royalty returns . . . . . . . . . . . . . . . . . . . . . . . . 93 107 Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 108 Refusal of disclosure of particular information . . . . . . . . . . . . . . . 94 Chapter 4 General mandatory conditions for geothermal tenures Part 1 Geothermal permits Division 1 Standard relinquishment condition and related provisions 109 Standard relinquishment condition . . . . . . . . . . . . . . . . . . . . . . . . 95 110 Consequence of failure to comply with relinquishment condition . 96 111 Part usually required to be relinquished . . . . . . . . . . . . . . . . . . . . 96 112 Relinquishment must be by blocks or sub-blocks. . . . . . . . . . . . . 96 113 Blocks or sub-blocks that can not be counted towards relinquishment ................................. 96 114 Adjustments for blocks or sub-blocks that can not be counted. . . 97 115 Adjustment for particular potential geothermal commercial areas 98 Division 2 Conditions relating to work programs 116 Requirement to have work program . . . . . . . . . . . . . . . . . . . . . . . 98 117 Compliance with activities in work program . . . . . . . . . . . . . . . . . 98 Page 5

 


 

Geothermal Energy Bill 2010 Contents 118 Obligation to give proposed later work program. . . . . . . . . . . . . . 98 119 Consequence of failure to comply with notice to give proposed later work program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Division 3 Conditions relating to production testing 120 Compliance with test plan for production testing . . . . . . . . . . . . . 100 121 Requirement of geothermal tenure holder to report outcome of production testing ................................ 101 Part 2 Geothermal leases 122 Obligation to commence geothermal production . . . . . . . . . . . . . 101 123 Requirement to have development plan . . . . . . . . . . . . . . . . . . . . 101 124 Compliance with development plan . . . . . . . . . . . . . . . . . . . . . . . 102 125 Obligation to give proposed later development plan. . . . . . . . . . . 102 126 Consequence of failure to comply with notice to give proposed later development plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Part 3 All geothermal tenures 127 Water Act authorisation required for taking or interfering with water ..................................... 104 128 Compliance with land access code . . . . . . . . . . . . . . . . . . . . . . . 104 129 Annual rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 130 Civil penalty for nonpayment of annual rent . . . . . . . . . . . . . . . . . 104 131 Obligation to comply with Act and prescribed standards . . . . . . . 105 132 Obligation to survey if Minister requires . . . . . . . . . . . . . . . . . . . . 105 Chapter 5 Coordination with particular authorities under other resource Acts Part 1 Preliminary 133 Relationship with chs 2, 3 and 6. . . . . . . . . . . . . . . . . . . . . . . . . . 106 134 What is an overlapping resource authority . . . . . . . . . . . . . . . . . . 106 135 What is an exploration authority (non-geothermal) . . . . . . . . . . . 107 136 Relationship with other resource Acts and overlapping resource authorities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Part 2 Geothermal coordination arrangements for overlapping resource authorities Division 1 Making of arrangements 137 Power to make arrangement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 138 Other provisions about and effect of geothermal coordination arrangement ................................... 108 139 Applying for ministerial approval of proposed geothermal coordination arrangement ........................... 109 Page 6

 


 

Geothermal Energy Bill 2010 Contents 140 Ministerial approval of proposed geothermal coordination arrangement ................................... 109 141 Approval does not confer right to renew . . . . . . . . . . . . . . . . . . . . 110 Division 2 Amendment and cancellation 142 Amendment or cancellation by parties to arrangement . . . . . . . . 110 143 Minister's power to cancel arrangement . . . . . . . . . . . . . . . . . . . . 111 144 Cancellation does not affect relevant authorities . . . . . . . . . . . . . 112 Part 3 Obtaining geothermal lease if overlapping resource authority Division 1 Preliminary 145 Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Division 2 Requirements for application 146 Requirements for making application . . . . . . . . . . . . . . . . . . . . . . 112 147 Content requirements for geothermal statement . . . . . . . . . . . . . 113 Division 3 Consultation provisions 148 Applicant's information obligation . . . . . . . . . . . . . . . . . . . . . . . . . 114 149 Submissions by overlapping resource authority holder . . . . . . . . 114 Division 4 Resource management decision if overlapping exploration authority (non-geothermal) 150 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 151 Resource management decision . . . . . . . . . . . . . . . . . . . . . . . . . 115 152 Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 153 Restrictions on giving overlapping authority priority . . . . . . . . . . . 116 Division 5 Process if resource management decision is to give overlapping authority priority 154 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 155 Notice to applicant and overlapping resource authority holder . . 117 156 Relevant lease application for all of the land . . . . . . . . . . . . . . . . 117 157 Relevant lease application for part of the land . . . . . . . . . . . . . . . 118 158 No relevant lease application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Division 6 Resource management decision not to grant and not to give priority 159 Lapsing of application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Division 7 Deciding application 160 Application of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 161 Application may be refused if no reasonable prospects of geothermal coordination arrangement . . . . . . . . . . . . . . . . . . . . . 120 162 Additional criteria for deciding provisions of geothermal lease . . 120 Page 7

 


 

Geothermal Energy Bill 2010 Contents 163 Publication of outcome of application . . . . . . . . . . . . . . . . . . . . . . 121 Part 4 Priority to particular higher tenure applications under other resource Acts 164 Earlier GHG, mining or petroleum lease application . . . . . . . . . . 122 165 Proposed GHG, mining or petroleum lease for which EIS approval given ............................... 122 166 Proposed GHG, mining or petroleum lease declared a significant project ............................. 123 Part 5 Geothermal lease applications in response to invitation under another resource Act 167 Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 168 Additional ground for refusing application . . . . . . . . . . . . . . . . . . 124 Part 6 Additional provisions for geothermal tenures Division 1 Restrictions on authorised activities other than for geothermal leases 169 Overlapping GHG, mining or petroleum lease . . . . . . . . . . . . . . . 125 170 Overlapping exploration authority (non-geothermal) . . . . . . . . . . 126 171 Resolving disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Division 2 Additional conditions 172 Notice of grant by particular geothermal permit holders . . . . . . . 127 173 Condition to notify particular other authority holders of proposed start of particular authorised activities . . . . . . . . . . . . . 128 174 Continuance of geothermal coordination arrangement after transfer ....................................... 129 Division 3 Restriction on Minister's power to amend geothermal lease if overlapping resource authority 175 Interests of overlapping resource authority holder to be considered .................................... 129 Part 7 Additional provisions for development plans if overlapping resource authority 176 Operation of pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 177 Statement about interests of overlapping resource authority holder ......................................... 130 178 Consistency with overlapping resource authority's development plan and with any relevant coordination arrangement . . . . . . . . . 130 179 Additional criteria for approval . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 Part 8 Additional provisions for safety management plans 180 Grant of geothermal lease does not affect obligation to make plan .......................................... 131 Page 8

 


 

Geothermal Energy Bill 2010 Contents 181 Requirements for consultation with particular overlapping resource authority holders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 182 Application of P&G Act provisions for resolving disputes about reasonableness of proposed provision. . . . . . . . . . . . . . . . . . . . . 133 Chapter 6 General provisions for geothermal tenures Part 1 Area provisions 183 Area of geothermal tenure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 184 References to blocks of geothermal tenure . . . . . . . . . . . . . . . . . 135 185 Minister's power to decide excluded land . . . . . . . . . . . . . . . . . . . 135 186 Minister may add excluded land . . . . . . . . . . . . . . . . . . . . . . . . . . 136 187 Ending of geothermal permit if all of its area relinquished . . . . . . 137 188 Area of geothermal permit reduced on grant of geothermal lease ........................................ 137 Part 2 Reporting and information provisions Division 1 General reporting provisions 189 Relinquishment report for partial relinquishment . . . . . . . . . . . . . 137 190 End of tenure report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 191 Power to require information or reports about authorised activities to be kept or given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 Division 2 Records and samples 192 Requirement to keep records and samples . . . . . . . . . . . . . . . . . 140 193 Requirement to give records and samples . . . . . . . . . . . . . . . . . . 140 Division 3 Releasing required information 194 Meaning of required information. . . . . . . . . . . . . . . . . . . . . . . . . . 141 195 Public release of required information . . . . . . . . . . . . . . . . . . . . . 142 196 Chief executive may use required information . . . . . . . . . . . . . . . 142 Part 3 General provisions for geothermal wells Division 1 Responsibility for geothermal wells 197 Requirements for drilling geothermal well . . . . . . . . . . . . . . . . . . 143 Division 2 Decommissioning of geothermal wells 198 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 199 Obligation to decommission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 200 Right of entry to facilitate decommissioning . . . . . . . . . . . . . . . . . 144 201 Responsibility for geothermal well after decommissioning . . . . . . 145 Part 4 Security 202 Operation and purpose of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 203 Power to require security for geothermal tenure. . . . . . . . . . . . . . 147 Page 9

 


 

Geothermal Energy Bill 2010 Contents 204 Minister's power to require additional security . . . . . . . . . . . . . . . 147 205 Interest on security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 206 Power to use security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 207 Replenishment of security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 208 Security not affected by change in tenure holder . . . . . . . . . . . . . 149 209 Retention of security after geothermal tenure ends . . . . . . . . . . . 149 Part 5 Private land Division 1 Requirements for entry to private land in geothermal tenure area Subdivision 1 Entry notice requirement for preliminary activities and particular advanced activities 210 Entry notice requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 211 Required contents of entry notice. . . . . . . . . . . . . . . . . . . . . . . . . 151 212 Exemptions from entry notice requirement. . . . . . . . . . . . . . . . . . 152 213 Provisions for waiver of entry notice. . . . . . . . . . . . . . . . . . . . . . . 153 214 Giving entry notice by publication. . . . . . . . . . . . . . . . . . . . . . . . . 154 Subdivision 2 Conduct and compensation agreement requirement for particular advanced activities 215 Conduct and compensation agreement requirement . . . . . . . . . . 154 216 Exemptions from conduct and compensation agreement requirement ..................................... 155 217 Requirements for deferral agreement. . . . . . . . . . . . . . . . . . . . . . 155 Division 2 Access to private land outside area of geothermal tenure Subdivision 1 Preliminary 218 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Subdivision 2 Access rights and access agreements 219 Access rights of geothermal tenure holder. . . . . . . . . . . . . . . . . . 156 220 Restriction on exercise of access rights . . . . . . . . . . . . . . . . . . . . 157 221 Owner or occupier must not unreasonably refuse to make access agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 222 Principles for deciding whether access is reasonable . . . . . . . . . 158 223 Provisions for access and access agreements . . . . . . . . . . . . . . 159 224 Access agreement binds successors and assigns . . . . . . . . . . . . 160 Subdivision 3 Land Court resolution 225 Power of Land Court to decide access agreement. . . . . . . . . . . . 160 226 Power of Land Court to vary access agreement . . . . . . . . . . . . . 160 227 Criteria for deciding access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 Page 10

 


 

Geothermal Energy Bill 2010 Contents Division 3 Provisions for dealings or change in ownership or occupancy 228 Entry notice or waiver of entry notice or access agreement not affected by a dealing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 229 Change in ownership or occupancy . . . . . . . . . . . . . . . . . . . . . . . 161 Division 4 Periodic notice after entry of land 230 Notice to owners and occupiers . . . . . . . . . . . . . . . . . . . . . . . . . . 162 Division 5 Access to carry out rehabilitation and environmental management 231 Right of access for authorised activities includes access for rehabilitation and environmental management. . . . . . . . . . . . . . . 163 Division 6 Miscellaneous provision 232 Direction to ease concerns of owner or occupier . . . . . . . . . . . . . 163 Part 6 Public land Division 1 Public roads Subdivision 1 Preliminary 233 Significant projects excluded from div 1 . . . . . . . . . . . . . . . . . . . . 164 234 What is a notifiable road use . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 Subdivision 2 Notifiable road uses 235 Notice of notifiable road use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 236 Directions about notifiable road use . . . . . . . . . . . . . . . . . . . . . . . 166 237 Obligation to comply with road use directions . . . . . . . . . . . . . . . 167 Division 2 Other public land 238 When entry notice has to be given . . . . . . . . . . . . . . . . . . . . . . . . 167 239 Waiver of entry notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 240 Required contents of entry notice. . . . . . . . . . . . . . . . . . . . . . . . . 169 241 Conditions public land authority may impose . . . . . . . . . . . . . . . . 169 Part 7 Access to land in area of particular other authorities 242 Application of pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 243 Access if second authority is a lease . . . . . . . . . . . . . . . . . . . . . . 171 244 Access if second authority is not a lease . . . . . . . . . . . . . . . . . . . 171 Part 8 Compensation and negotiated access Division 1 Compensation other than for notifiable road uses Subdivision 1 Preliminary 245 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 Subdivision 2 General provisions 246 General liability to compensate . . . . . . . . . . . . . . . . . . . . . . . . . . 172 Page 11

 


 

Geothermal Energy Bill 2010 Contents Subdivision 3 General provisions for conduct and compensation agreements 247 Conduct and compensation agreement . . . . . . . . . . . . . . . . . . . . 173 248 Content of conduct and compensation agreement. . . . . . . . . . . . 174 Subdivision 4 Negotiation process 249 Notice of intent to negotiate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 250 Negotiations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 251 Cooling-off during minimum negotiation period . . . . . . . . . . . . . . 177 252 Parties may seek mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 Subdivision 5 Deciding compensation through Land Court 253 Deciding compensation through Land Court if mediation not called or after unsuccessful mediation . . . . . . . . . . . . . . . . . . . . . 178 254 Land Court review of compensation . . . . . . . . . . . . . . . . . . . . . . . 179 255 Orders Land Court may make . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 Subdivision 6 Miscellaneous provision 256 Compensation not affected by change in ownership or occupancy .................................... 180 Division 2 Compensation for notifiable road uses 257 Liability to compensate public road authority . . . . . . . . . . . . . . . . 180 258 Compensation agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 259 Deciding compensation through Land Court . . . . . . . . . . . . . . . . 182 260 Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 261 Land Court review of compensation . . . . . . . . . . . . . . . . . . . . . . . 183 262 Compensation to be addressed before carrying out notifiable road use ....................................... 184 263 Compensation not affected by change in administration or holder ...................................... 185 Part 9 Ownership of equipment and improvements 264 Application of pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185 265 Ownership of equipment and improvements . . . . . . . . . . . . . . . . 186 Part 10 Geothermal register 266 Geothermal register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 267 Keeping of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 268 Access to register. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 269 Arrangements with other departments for copies from geothermal register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 270 Supply of statistical data from geothermal register . . . . . . . . . . . 189 271 Chief executive may correct register . . . . . . . . . . . . . . . . . . . . . . 190 Page 12

 


 

Geothermal Energy Bill 2010 Contents Part 11 Dealings Division 1 Preliminary 272 What is a dealing with a geothermal tenure . . . . . . . . . . . . . . . . . 191 273 Prohibited dealings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 274 What is a third party transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 Division 2 Registration of dealings generally 275 Registration required for all dealings . . . . . . . . . . . . . . . . . . . . . . 193 276 Approval requirement for third party transfer or sublease . . . . . . 193 277 Obtaining registration other than third party transfer or sublease 193 278 Effect of approval and registration . . . . . . . . . . . . . . . . . . . . . . . . 193 Division 3 Approval of third party transfers and subleases 279 Who may apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 280 Requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 281 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 282 Security may be required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 283 Information notice about refusal . . . . . . . . . . . . . . . . . . . . . . . . . . 196 Part 12 Renewals 284 General conditions for renewal application. . . . . . . . . . . . . . . . . . 196 285 Restriction on applying for renewal of geothermal permit . . . . . . 197 286 Requirements for making application . . . . . . . . . . . . . . . . . . . . . . 197 287 Continuing effect of geothermal tenure for renewal application . . 197 288 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198 289 Provisions and term of renewed geothermal permit. . . . . . . . . . . 200 290 Provisions of renewed geothermal lease . . . . . . . . . . . . . . . . . . . 200 291 Additional provisions for term of any renewed geothermal tenure 201 292 Criteria for decisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 293 Information notice about refusal . . . . . . . . . . . . . . . . . . . . . . . . . . 202 294 When refusal takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Part 13 Surrenders 295 Requirements for surrender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 296 Requirements for making surrender application. . . . . . . . . . . . . . 202 297 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 298 Notice and taking effect of decision . . . . . . . . . . . . . . . . . . . . . . . 204 Part 14 Enforcement of end of tenure and area reduction obligations 299 Power of authorised person to ensure compliance . . . . . . . . . . . 204 Page 13

 


 

Geothermal Energy Bill 2010 Contents 300 Requirements for entry to ensure compliance . . . . . . . . . . . . . . . 205 301 Duty to avoid damage in exercising remedial powers. . . . . . . . . . 206 302 Notice of damage because of exercise of remedial powers . . . . . 206 303 Compensation for exercise of remedial powers . . . . . . . . . . . . . . 207 304 Ownership of thing removed in exercise of remedial powers . . . . 207 305 Recovery of costs of and compensation for exercise of remedial power ........................................... 208 Chapter 7 Mediation, enforcement, offences and proceedings Part 1 Mediation with eligible claimants or owners and occupiers 306 Application of pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208 307 Mediation may be called. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209 308 Who may attend mediation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209 309 What happens if a party does not attend . . . . . . . . . . . . . . . . . . . 210 310 Conduct of mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210 311 Statements made at mediation. . . . . . . . . . . . . . . . . . . . . . . . . . . 210 312 Mediated agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211 Part 2 Noncompliance action for geothermal tenures Division 1 Preliminary 313 Operation of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211 Division 2 Noncompliance action by Minister 314 Types of noncompliance action that may be taken. . . . . . . . . . . . 212 315 When noncompliance action may be taken . . . . . . . . . . . . . . . . . 213 Division 3 Procedure for noncompliance action 316 Notice of proposed noncompliance action . . . . . . . . . . . . . . . . . . 214 317 Considering submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215 318 Decision on proposed noncompliance action. . . . . . . . . . . . . . . . 215 319 Notice and taking effect of decision . . . . . . . . . . . . . . . . . . . . . . . 216 320 Consequence of failure to comply with relinquishment requirement .................................... 216 Part 3 General offences 321 Restriction on carrying out geothermal activities . . . . . . . . . . . . . 217 322 Defence if geothermal activity is for GHG storage injection . . . . . 218 323 Geothermal tenure holder's measurement obligations. . . . . . . . . 218 324 Duty to avoid interference in carrying out geothermal activities . . 219 325 Obstruction of geothermal tenure holder . . . . . . . . . . . . . . . . . . . 219 326 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . 220 Page 14

 


 

Geothermal Energy Bill 2010 Contents 327 Executive officers must ensure corporation does not commit particular offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220 328 Attempts to commit offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221 Part 4 Appeals 329 Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221 330 Period to appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221 331 Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222 332 Stay of operation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222 333 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222 334 Land Court's powers on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . 223 335 Restriction on Land Court's powers for decision not to grant geothermal lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223 Part 5 Evidence and legal proceedings Division 1 Evidentiary provisions 336 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224 337 Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224 338 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224 339 Other evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224 Division 2 Offence proceedings 340 Offences under Act are summary. . . . . . . . . . . . . . . . . . . . . . . . . 225 341 Statement of complainant's knowledge . . . . . . . . . . . . . . . . . . . . 226 342 Conduct of representatives. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226 343 Additional orders that may be made on conviction. . . . . . . . . . . . 227 Chapter 8 Miscellaneous provisions Part 1 Provisions about geothermal tenures Division 1 General provisions 344 Geothermal tenure does not create an interest in land . . . . . . . . 228 345 Joint holders of a geothermal tenure . . . . . . . . . . . . . . . . . . . . . . 228 346 Minister's power to ensure compliance by geothermal tenure holder ...................................... 229 347 Power to correct or amend tenure . . . . . . . . . . . . . . . . . . . . . . . . 229 348 Replacement of instrument for geothermal tenure . . . . . . . . . . . . 230 349 Joint and several liability for conditions and for debts to State . . . 231 Division 2 General provisions about authorised activities 350 Authorised activities may be carried out despite rights of owner or occupier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231 351 General restrictions on right to carry out authorised activity . . . . 231 Page 15

 


 

Geothermal Energy Bill 2010 Contents 352 Restrictions on carrying out authorised activities on particular land ...................................... 232 353 Who may carry out authorised activity for geothermal tenure holder ...................................... 233 Division 3 Provisions for when geothermal tenure ends or area reduced 354 Obligation to remove equipment and improvements . . . . . . . . . . 234 355 Authorisation to enter to facilitate compliance . . . . . . . . . . . . . . . 235 Part 2 Applications, lodging documents and making submissions 356 Place for making applications, lodging documents or making submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236 357 Requirements for making an application . . . . . . . . . . . . . . . . . . . 237 358 Request to applicant about application . . . . . . . . . . . . . . . . . . . . 237 359 Refusing application for failure to comply with request . . . . . . . . 238 360 Particular criteria generally not exhaustive. . . . . . . . . . . . . . . . . . 238 361 Particular grounds for refusal generally not exhaustive . . . . . . . . 239 362 Amending applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239 363 Withdrawal of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240 364 Minister's power to refund application fee . . . . . . . . . . . . . . . . . . 240 Part 3 Other miscellaneous provisions 365 Interest on amounts owing to the State . . . . . . . . . . . . . . . . . . . . 240 366 Recovery of unpaid amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241 367 General public interest criteria for particular Ministerial decisions 241 368 Provision for entry by State to carry out geothermal activity . . . . 242 369 Name and address for service . . . . . . . . . . . . . . . . . . . . . . . . . . . 242 370 Notice of agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242 371 Additional information about reports and other matters . . . . . . . . 243 372 References to right to enter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243 373 Application of provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243 374 Protection from liability for particular persons . . . . . . . . . . . . . . . 244 375 Delegation by Minister or chief executive . . . . . . . . . . . . . . . . . . . 244 376 Practice manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245 377 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246 378 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246 Chapter 9 Repeal and transitional provisions Part 1 Repeal provisions 379 Repeal of Geothermal Exploration Act 2004 . . . . . . . . . . . . . . . . 247 Page 16

 


 

Geothermal Energy Bill 2010 Contents 380 Repeal of Timber Utilisation and Marketing Act 1987 . . . . . . . . . 247 Part 2 Transitional provisions Division 1 Preliminary 381 Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248 Division 2 Provisions for Ergon Energy geothermal production near Birdsville Subdivision 1 Grant of and provisions about Birdsville lease 382 Geothermal lease for Ergon Energy . . . . . . . . . . . . . . . . . . . . . . . 249 383 Authorised activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249 384 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250 385 Land access provisions until the new land access provisions start day ...................................... 250 Subdivision 2 Development plan provisions 386 Deferral of development plan requirement . . . . . . . . . . . . . . . . . . 251 387 Provisions for approval of development plan . . . . . . . . . . . . . . . . 251 388 Exemption from geothermal royalty . . . . . . . . . . . . . . . . . . . . . . . 251 Division 3 New land access provisions for 2004 Act permits until 2010 Act start day 389 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252 390 Compliance with land access code . . . . . . . . . . . . . . . . . . . . . . . 252 391 Application of particular provisions of this Act . . . . . . . . . . . . . . . 252 Division 4 General provisions 392 Conversion of 2004 Act permits on 2010 Act start day . . . . . . . . 253 393 Outstanding tenders under 2004 Act . . . . . . . . . . . . . . . . . . . . . . 254 394 Other undecided applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . 254 395 Decisions or documents under 2004 Act . . . . . . . . . . . . . . . . . . . 254 396 Outstanding appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255 Chapter 10 Amendment of Acts Part 1 Amendments commencing on date of assent Division 1 Amendment of Electricity Act 1994 397 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255 398 Amendment of s 131A (Retailer of last resort scheme) . . . . . . . . 255 Division 2 Amendment of Geothermal Exploration Act 2004 399 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256 400 Replacement of s 138A (Ministerial directions about the giving of information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256 138A Practice manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256 Page 17

 


 

Geothermal Energy Bill 2010 Contents Division 3 Amendment of Greenhouse Gas Storage Act 2009 401 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258 402 Omission of s 10 (Native title). . . . . . . . . . . . . . . . . . . . . . . . . . . . 258 403 Amendment of s 23 (What is a GHG storage activity) . . . . . . . . . 258 404 Amendment of s 28 (Reservation in land grants) . . . . . . . . . . . . . 258 405 Amendment of s 35 (Requirements for making tender) . . . . . . . . 259 406 Omission of s 36 (Requirements for verification statement). . . . . 259 407 Amendment of s 56 (Verification may be required) . . . . . . . . . . . 259 408 Amendment of s 114 (Requirements for making permit-related application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259 409 Omission of s 115 (Requirements for verification statement). . . . 260 410 Amendment of s 125 (Call for tenders). . . . . . . . . . . . . . . . . . . . . 260 411 Amendment of s 148 (Verification may be required) . . . . . . . . . . 260 412 Replacement of s 427 (Ministerial directions about the giving of information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260 427 Practice manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261 Division 4 Amendment of Mineral Resources Act 1989 413 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262 414 Replacement of s 416B (Ministerial directions about the giving of information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262 416B Practice manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263 415 Insertion of new ss 722EA and 722EB. . . . . . . . . . . . . . . . . . . . . 264 722EA No consent required for application for mining tenement for particular land . . . . . . . . . . . . . . . . . . . . 265 722EB Deciding application to add excluded land to EPC 545 .............................. 265 416 Replacement of pt 19, div 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266 Division 12 Transitional provision for Mines and Energy Legislation Amendment Act 2010 773 Existing mining lease applications . . . . . . . . . . . . . . . 266 Division 13 Transitional provisions for amendments under Geothermal Energy Act 2010 Subdivision 1 Provision for amendments commencing on date of assent 774 Reference to particular leases . . . . . . . . . . . . . . . . . . 267 Division 5 Amendment of Petroleum Act 1923 417 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268 418 Replacement of s 142 (Ministerial directions about the giving of information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268 Page 18

 


 

Geothermal Energy Bill 2010 Contents 142 Practice manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268 Division 6 Amendment of Petroleum and Gas (Production and Safety) Act 2004 419 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270 420 Amendment of s 31 (Operation of div 1) . . . . . . . . . . . . . . . . . . . 270 421 Amendment of s 121 (Requirements for grant) . . . . . . . . . . . . . . 270 422 Amendment of s 304 (Application of div 1). . . . . . . . . . . . . . . . . . 270 423 Amendment of s 331 (Application of div 2). . . . . . . . . . . . . . . . . . 271 424 Amendment of s 344 (Application of div 2). . . . . . . . . . . . . . . . . . 271 425 Insertion of new ch 3, pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271 Part 4A Additional provisions if overlapping mineral (f) pilot tenure Division 1 Preliminary 363A Definitions for pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . 271 363B Application of pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . 272 363C Relationship with other provisions . . . . . . . . . . . . . . . 272 Division 2 General suspension 363D Suspension of authorised activities for authority to prospect ........................... 273 363E Entry rights for particular activities during suspension 273 363F Notice of entry under s 363E . . . . . . . . . . . . . . . . . . . 275 363G Ministerial power to suspend authority to prospect requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276 Division 3 Resolving disputes 363H Negotiation and request to Minister . . . . . . . . . . . . . . 276 363I Reference to Land Court . . . . . . . . . . . . . . . . . . . . . . 277 363J Decision by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . 277 Division 4 Obtaining petroleum lease if overlapping mineral (f) land or land in area of MDLA 407 363K Additional provision about area of petroleum lease . . 278 363L Minister may add land to petroleum lease if mineral (f) tenure ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278 426 Replacement of s 858A (Ministerial directions about the giving of information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280 858A Practice manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280 427 Insertion of new ch 15, pt 10 hdg and div 1 . . . . . . . . . . . . . . . . . 281 Part 10 Transitional provisions for amendments under Geothermal Energy Act 2010 Page 19

 


 

Geothermal Energy Bill 2010 Contents Division 1 Provisions about mineral (f) pilot tenures 947 Applications for particular petroleum leases. . . . . . . . 282 428 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 282 Part 2 Amendments relating to land access and owners and occupiers Division 1 Amendment of Greenhouse Gas Storage Act 2009 429 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283 430 Omission of s 85 (Obligation to consult with particular owners and occupiers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283 431 Omission of s 166 (Obligation to consult with particular owners and occupiers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284 432 Replacement of ch 5, pt 7, divs 1 to 3 . . . . . . . . . . . . . . . . . . . . . 284 Division 1 Requirements for entry to private land in GHG authority area Subdivision 1 Entry notice requirement for preliminary activities and particular advanced activities 278 Entry notice requirement . . . . . . . . . . . . . . . . . . . . . . 284 279 Required contents of entry notice. . . . . . . . . . . . . . . . 285 280 Exemptions from entry notice requirement. . . . . . . . . 287 281 Provisions for waiver of entry notice. . . . . . . . . . . . . . 287 282 Giving entry notice by publication. . . . . . . . . . . . . . . . 288 Subdivision 2 Conduct and compensation agreement requirement for particular advanced activities 283 Conduct and compensation agreement requirement . 288 284 Exemptions from conduct and compensation agreement requirement . . . . . . . . . . . . . . . . . . . . . . . 289 285 Requirements for deferral agreement. . . . . . . . . . . . . 289 433 Amendment of s 297 (Change in ownership or occupancy). . . . . 290 434 Amendment of s 314 (Required contents of entry notice) . . . . . . 290 435 Replacement of ch 5, pt 10 (General compensation provisions) . 290 Part 10 Compensation and negotiated access Division 1 Compensation other than for notifiable road uses Subdivision 1 Preliminary 319 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 291 Subdivision 2 General provisions 320 General liability to compensate . . . . . . . . . . . . . . . . . 291 Subdivision 3 General provisions for conduct and compensation agreements Page 20

 


 

Geothermal Energy Bill 2010 Contents 321 Conduct and compensation agreement . . . . . . . . . . . 292 322 Content of conduct and compensation agreement. . . 293 Subdivision 4 Negotiation process 323 Notice of intent to negotiate . . . . . . . . . . . . . . . . . . . . 294 324 Negotiations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295 325 Cooling-off during minimum negotiation period . . . . . 295 325A Parties may seek mediation . . . . . . . . . . . . . . . . . . . . 296 Subdivision 5 Deciding compensation through Land Court 325B Deciding compensation through Land Court if mediation not called or after unsuccessful mediation. 296 325C Land Court review of compensation. . . . . . . . . . . . . . 297 325D Orders Land Court may make . . . . . . . . . . . . . . . . . . 298 Subdivision 6 Miscellaneous provision 325E Compensation not affected by change in ownership or occupancy ......................... 299 436 Replacement of ss 329 and 330. . . . . . . . . . . . . . . . . . . . . . . . . . 299 329 Compliance with land access code . . . . . . . . . . . . . . 299 437 Replacement of ch 6 hdg (Enforcement, offences and proceedings) ............................... 300 Chapter 6 Mediation, investigations and enforcement 377A Application of pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . 300 377B Mediation may be called. . . . . . . . . . . . . . . . . . . . . . . 300 377C Who may attend mediation. . . . . . . . . . . . . . . . . . . . . 301 377D What happens if a party does not attend . . . . . . . . . . 301 377E Conduct of mediation . . . . . . . . . . . . . . . . . . . . . . . . . 302 377F Statements made at mediation. . . . . . . . . . . . . . . . . . 302 377G Mediated agreement . . . . . . . . . . . . . . . . . . . . . . . . . 302 438 Insertion of new ch 8, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302 Part 2 Transitional provisions for amendments under Geothermal Energy Act 2010 437 Land access code prevails over conditions . . . . . . . . 303 438 Existing compensation agreements other than for notifiable road uses . . . . . . . . . . . . . . . . . . . . . . . . . . 303 439 Existing entry notices . . . . . . . . . . . . . . . . . . . . . . . . . 303 440 References to geothermal tenure . . . . . . . . . . . . . . . . 304 439 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 304 Page 21

 


 

Geothermal Energy Bill 2010 Contents Division 2 Amendment of Mineral Resources Act 1989 440 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 308 441 Amendment of s 10A (Extension of certain entitlements to registered native title bodies corporate and registered native title claimants) .................................... 308 442 Amendment of s 141 (Conditions of exploration permit) . . . . . . . 308 443 Omission of s 145 (Compensation) . . . . . . . . . . . . . . . . . . . . . . . 309 444 Replacement of ss 163 and 164. . . . . . . . . . . . . . . . . . . . . . . . . . 309 163 Access and compensation provisions--sch 1 . . . . . . 309 445 Omission of ss 169-174. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309 446 Omission of s 191 (Compensation) . . . . . . . . . . . . . . . . . . . . . . . 309 447 Amendment of s 194 (Conditions of mineral development licence) ....................................... 309 448 Replacement of ss 211 and 212. . . . . . . . . . . . . . . . . . . . . . . . . . 310 211 Access and compensation provisions--sch 1 . . . . . . 310 449 Omission of ss 217-222. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310 450 Omission of ss 254-259. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310 451 Insertion of new pt 10, divs 1A and 1B. . . . . . . . . . . . . . . . . . . . . 310 Division 1A Directions to remedy contravention 335A Power to give compliance direction . . . . . . . . . . . . . . 310 335B Requirements for giving compliance direction . . . . . . 311 335C Failure to comply with compliance direction . . . . . . . . 312 335D Right of internal review and appeal against compliance direction. . . . . . . . . . . . . . . . . . . . . . . . . . 313 335E Other relevant officer's powers not affected . . . . . . . . 313 Division 1B Mediation with eligible claimants or owners and occupiers 335F Application of div 1B. . . . . . . . . . . . . . . . . . . . . . . . . . 313 335G Mediation may be called. . . . . . . . . . . . . . . . . . . . . . . 314 335H Who may attend mediation. . . . . . . . . . . . . . . . . . . . . 314 335I What happens if a party does not attend . . . . . . . . . . 315 335J Conduct of mediation . . . . . . . . . . . . . . . . . . . . . . . . . 315 335K Statements made at mediation. . . . . . . . . . . . . . . . . . 315 335L Mediated agreement . . . . . . . . . . . . . . . . . . . . . . . . . 316 452 Amendment of s 336 (Appointment of mining registrars and other officers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316 453 Amendment of s 405 (Directions to be complied with) . . . . . . . . . 316 454 Insertion of new pt 19, div 13, sdiv 2 . . . . . . . . . . . . . . . . . . . . . . 317 Page 22

 


 

Geothermal Energy Bill 2010 Contents Subdivision 2 Provisions for amendments about compensation and the land access code 775 Old access code ceases to apply. . . . . . . . . . . . . . . . 317 776 Land access code prevails over conditions . . . . . . . . 317 777 Existing compensation decisions and proceedings continue ............................. 317 778 Existing notices of entry . . . . . . . . . . . . . . . . . . . . . . . 318 779 References to geothermal tenure . . . . . . . . . . . . . . . . 319 455 Insertion of new sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319 Schedule 1 Access and compensation provisions for exploration permits and mineral development licences Part 1 Preliminary Division 1 Key definitions for schedule 1 1 Meaning of exploration tenement . . . . . . . . . . . . . . . . 320 2 What is a preliminary activity . . . . . . . . . . . . . . . . . . . 320 3 What is an advanced activity . . . . . . . . . . . . . . . . . . . 321 Division 2 Other definitions for schedule 1 4 Other definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 321 Part 2 Requirements for entry to exploration tenement area Division 1 Entry notice requirement for preliminary activities and particular advanced activities 5 Entry notice requirement for particular authorised activities ............................ 323 6 Required contents of entry notice. . . . . . . . . . . . . . . . 324 7 Exemptions from entry notice requirement. . . . . . . . . 326 8 Provisions for waiver of entry notice. . . . . . . . . . . . . . 326 9 Giving entry notice by publication. . . . . . . . . . . . . . . . 327 Division 2 Conduct and compensation agreement requirement for particular advanced activities 10 Conduct and compensation agreement requirement for particular advanced activities . . . . . . . . . . . . . . . . 327 11 Exemptions from conduct and compensation agreement requirement . . . . . . . . . . . . . . . . . . . . . . . 328 12 Requirements for deferral agreement. . . . . . . . . . . . . 328 Part 3 Compensation liability 13 General liability to compensate eligible claimants . . . 329 Page 23

 


 

Geothermal Energy Bill 2010 Contents Part 4 General provisions for conduct and compensation agreements 14 Conduct and compensation agreement . . . . . . . . . . . 330 15 Content of conduct and compensation agreement. . . 331 Part 5 Negotiation process 16 Notice of intent to negotiate . . . . . . . . . . . . . . . . . . . . 332 17 Negotiations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 333 18 Cooling-off during minimum negotiation period . . . . . 334 19 Parties may seek mediation . . . . . . . . . . . . . . . . . . . . 334 Part 6 Deciding compensation through Land Court 20 Deciding compensation through Land Court if mediation not called or after unsuccessful mediation. 335 21 Land Court review of compensation. . . . . . . . . . . . . . 336 22 Orders Land Court may make . . . . . . . . . . . . . . . . . . 337 Part 7 Miscellaneous provision 23 Compensation not affected by change in ownership or occupancy ......................... 337 456 Amendment and renumbering of schedule (Dictionary) . . . . . . . . 337 Division 3 Amendment of Petroleum Act 1923 457 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 339 458 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 340 459 Omission of s 74V (Obligation to consult with particular owners and occupiers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 344 460 Replacement of ss 74X and 74Y . . . . . . . . . . . . . . . . . . . . . . . . . 344 74X Compliance with land access code . . . . . . . . . . . . . . 344 461 Replacement of pt 6H, divs 1 to 3 . . . . . . . . . . . . . . . . . . . . . . . . 344 Division 1 Requirements for entry to private land in 1923 Act petroleum tenure area Subdivision 1 Entry notice requirement for preliminary activities and particular advanced activities 78L Entry notice requirement . . . . . . . . . . . . . . . . . . . . . . 344 78M Required contents of entry notice. . . . . . . . . . . . . . . . 346 78N Exemptions from entry notice requirement. . . . . . . . . 347 78O Provisions for waiver of entry notice. . . . . . . . . . . . . . 348 78P Giving entry notice by publication. . . . . . . . . . . . . . . . 348 Subdivision 2 Conduct and compensation agreement requirement for particular advanced activities 78Q Conduct and compensation agreement requirement . 349 Page 24

 


 

Geothermal Energy Bill 2010 Contents 78R Exemptions from conduct and compensation agreement requirement . . . . . . . . . . . . . . . . . . . . . . . 350 78S Requirements for deferral agreement. . . . . . . . . . . . . 350 462 Amendment of s 78U (Change in ownership or occupancy) . . . . 351 463 Replacement of part 6K (General compensation provisions). . . . 351 Part 6K Compensation and negotiated access Division 1 Compensation other than for notifiable road uses Subdivision 1 Preliminary 79P Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 351 Subdivision 2 General provisions 79Q General liability to compensate . . . . . . . . . . . . . . . . . 352 Subdivision 3 General provisions for conduct and compensation agreements 79R Conduct and compensation agreement . . . . . . . . . . . 353 79S Content of conduct and compensation agreement. . . 353 Subdivision 4 Negotiation process 79T Notice of intent to negotiate . . . . . . . . . . . . . . . . . . . . 355 79U Negotiations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356 79V Cooling-off during minimum negotiation period . . . . . 356 79VA Parties may seek mediation . . . . . . . . . . . . . . . . . . . . 357 Subdivision 5 Deciding compensation through Land Court 79VB Deciding compensation through Land Court if mediation not called or after unsuccessful mediation. 357 79VC Land Court review of compensation. . . . . . . . . . . . . . 358 79VD Orders Land Court may make . . . . . . . . . . . . . . . . . . 359 Subdivision 6 Miscellaneous provision 79VE Compensation not affected by change in ownership or occupancy ......................... 359 464 Insertion of new pt 6R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 360 Part 6R Mediation with eligible claimants or owners and occupiers 103A Application of pt 6R . . . . . . . . . . . . . . . . . . . . . . . . . . 360 103B Mediation may be called. . . . . . . . . . . . . . . . . . . . . . . 361 103C Who may attend mediation. . . . . . . . . . . . . . . . . . . . . 361 103D What happens if a party does not attend . . . . . . . . . . 361 103E Conduct of mediation . . . . . . . . . . . . . . . . . . . . . . . . . 362 103F Statements made at mediation. . . . . . . . . . . . . . . . . . 362 Page 25

 


 

Geothermal Energy Bill 2010 Contents 103G Mediated agreement . . . . . . . . . . . . . . . . . . . . . . . . . 362 465 Insertion of new pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363 Part 13 Transitional provisions for amendments under Geothermal Energy Act 2010 186 Land access code prevails over conditions . . . . . . . . 363 187 Existing compensation agreements other than for notifiable road uses . . . . . . . . . . . . . . . . . . . . . . . . . . 363 188 Existing entry notices . . . . . . . . . . . . . . . . . . . . . . . . . 363 189 References to geothermal tenure . . . . . . . . . . . . . . . . 364 Division 4 Amendment of Petroleum and Gas (Production and Safety) Act 2004 466 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 364 467 Insertion of new ch 1, pt 3, div 3. . . . . . . . . . . . . . . . . . . . . . . . . . 364 Division 3 Land access code 24A Making of code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 364 468 Omission of s 74 (Obligation to consult with particular owners and occupiers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365 469 Omission of s 153 (Obligation to consult with particular owners and occupiers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365 470 Replacement of ch 5, pt 2, divs 1 to 2A . . . . . . . . . . . . . . . . . . . . 365 Division 1 Requirements for entry to private land in petroleum authority area Subdivision 1 Entry notice requirement for preliminary activities and particular advanced activities 495 Entry notice requirement . . . . . . . . . . . . . . . . . . . . . . 366 496 Required contents of entry notice. . . . . . . . . . . . . . . . 367 497 Exemptions from entry notice requirement. . . . . . . . . 368 498 Provisions for waiver of entry notice. . . . . . . . . . . . . . 369 499 Giving entry notice by publication. . . . . . . . . . . . . . . . 370 Subdivision 2 Conduct and compensation agreement requirement for particular advanced activities 500 Conduct and compensation agreement requirement . 370 500A Exemptions from conduct and compensation agreement requirement . . . . . . . . . . . . . . . . . . . . . . . 371 500B Requirements for deferral agreement. . . . . . . . . . . . . 372 471 Amendment of s 512 (Change in ownership or occupancy). . . . . 372 472 Replacement of ch 5, pt 5 (General compensation provisions) . . 372 Part 5 Compensation and negotiated access Page 26

 


 

Geothermal Energy Bill 2010 Contents Division 1 Compensation other than for notifiable road uses Subdivision 1 Preliminary 531 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 373 Subdivision 2 General provisions 532 General liability to compensate . . . . . . . . . . . . . . . . . 373 Subdivision 3 General provisions for conduct and compensation agreements 533 Conduct and compensation agreement . . . . . . . . . . . 374 534 Content of conduct and compensation agreement. . . 375 Subdivision 4 Negotiation process 535 Notice of intent to negotiate . . . . . . . . . . . . . . . . . . . . 376 536 Negotiations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 377 537 Cooling-off during minimum negotiation period . . . . . 377 537A Parties may seek mediation . . . . . . . . . . . . . . . . . . . . 378 Subdivision 5 Deciding compensation through Land Court 537B Deciding compensation through Land Court if mediation not called or after unsuccessful mediation. 378 537C Land Court review of compensation. . . . . . . . . . . . . . 379 537D Orders Land Court may make . . . . . . . . . . . . . . . . . . 380 Subdivision 6 Miscellaneous provision 537E Compensation not affected by change in ownership or occupancy ............................ 381 473 Replacement of ss 555 and 556. . . . . . . . . . . . . . . . . . . . . . . . . . 381 555 Compliance with land access code . . . . . . . . . . . . . . 381 474 Replacement of ch 10, hdg (Investigations and enforcement) . . . 382 Chapter 10 Mediation, investigations and enforcement 734B Application of pt 1AA . . . . . . . . . . . . . . . . . . . . . . . . . 382 734C Mediation may be called. . . . . . . . . . . . . . . . . . . . . . . 382 734D Who may attend mediation. . . . . . . . . . . . . . . . . . . . . 383 734E What happens if a party does not attend . . . . . . . . . . 383 734F Conduct of mediation . . . . . . . . . . . . . . . . . . . . . . . . . 384 734G Statements made at mediation. . . . . . . . . . . . . . . . . . 384 734H Mediated agreement . . . . . . . . . . . . . . . . . . . . . . . . . 384 475 Amendment of s 780 (Power to give compliance direction) . . . . . 384 476 Amendment of s 781 (Requirements for giving compliance direction) ...................................... 385 Page 27

 


 

Geothermal Energy Bill 2010 Contents 477 Insertion of new ch 15, pt 10, div 2. . . . . . . . . . . . . . . . . . . . . . . . 385 Division 2 Provisions about land access and compensation 948 Land access code prevails over conditions . . . . . . . . 385 949 Existing compensation agreements other than for notifiable road uses . . . . . . . . . . . . . . . . . . . . . . . . . . 386 950 Existing entry notices . . . . . . . . . . . . . . . . . . . . . . . . . 386 951 References to geothermal tenure . . . . . . . . . . . . . . . . 386 478 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 386 Part 3 Other amendments Division 1 Amendment of Aboriginal Land Act 1991 479 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 391 480 Replacement of s 42 (Reservations of minerals and petroleum) . 391 42 Resource reservations under resource Acts . . . . . . . 391 481 Replacement of s 80 (Reservations of minerals and petroleum) . 391 80 Resource reservations under other Acts . . . . . . . . . . 392 Division 2 Amendment of Environmental Protection Act 1994 482 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 392 483 Amendment of s 309A (What this chapter is about). . . . . . . . . . . 392 484 Amendment of s 309D (What is a relevant resource authority) . . 393 485 Amendment of s 309I (Restriction). . . . . . . . . . . . . . . . . . . . . . . . 393 486 Insertion of new ch 13, pt 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 394 Part 16 Transitional provisions for Geothermal Energy Act 2010 664 Deferral of requirement for environmental authority for existing authorised geothermal activities. . . . . . . . 394 665 Deferral of requirement for environmental authority for Birdsville geothermal lease . . . . . . . . . . . . . . . . . . 394 487 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 395 Division 3 Amendment of Greenhouse Gas Storage Act 2009 488 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396 489 Amendment of s 183 (What is an overlapping authority) . . . . . . . 396 490 Amendment of s 187 (Other provisions about and effect of GHG coordination arrangement) . . . . . . . . . . . . . . . . . . . . . . . . . 397 491 Amendment of s 197 (Content requirements for GHG statement) 397 492 Replacement of ch 4, pt 4 (Priority to particular mining or petroleum lease applications). . . . . . . . . . . . . . . . . . . . . . . . . . . . 397 Part 4 Priority to particular lease applications Page 28

 


 

Geothermal Energy Bill 2010 Contents 214 Earlier geothermal, mining or petroleum lease application ........................... 397 215 Proposed geothermal, mining or petroleum lease for which EIS approval given . . . . . . . . . . . . . . . . . . . 398 216 Proposed geothermal, mining or petroleum lease declared a significant project . . . . . . . . . . . . . . . . . . . 398 493 Replacement of s 219 (Overlapping mining or petroleum lease) .................................... 399 219 Overlapping geothermal, mining or petroleum lease .............................. 399 494 Amendment of s 228 (Consistency with overlapping authority's development plan and with any relevant coordination arrangement) .................................. 400 495 Amendment of s 257 (Power to require information or reports about authorised activities to be kept or given) . . . . . . . . . . . . . . 400 496 Amendment of s 263 (Former petroleum wells assumed by GHG tenure holder) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401 497 Amendment of s 265 (Application of div 2). . . . . . . . . . . . . . . . . . 401 498 Amendment of s 316 (Application of pt 9) . . . . . . . . . . . . . . . . . . 401 499 Amendment of s 317 (Access to land in area of mining lease or petroleum lease) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401 500 Amendment of s 318 (Access to land in area of another type of authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402 501 Amendment of s 386 (Restriction on GHG storage activities) . . . 402 502 Amendment of s 413 (Additional information may be required about application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402 503 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 403 Division 4 Amendment of Land Title Act 1994 504 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403 505 Amendment of s 185 (Exceptions to s 184) . . . . . . . . . . . . . . . . . 404 Division 5 Amendment of Mineral Resources Act 1989 506 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404 507 Replacement of s 3B (Relationship with Greenhouse Gas Storage Act 2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404 3B Relationship with Geothermal Energy Act 2010 and Greenhouse Gas Storage Act 2009 . . . . . . . . . . . . . . 405 508 Amendment of s 51 (Land for which mining claim not to be granted) ...................................... 405 509 Amendment of s 248 (Applicant must obtain consent or views of existing authority holders) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405 Page 29

 


 

Geothermal Energy Bill 2010 Contents 510 Amendment of s 249 (Later applicant must obtain consent or views of earlier applicant if same land affected) . . . . . . . . . . . . . . 406 511 Replacement of pt 7AAC (Provisions for GHG authorities) . . . . . 406 Part 7AAC Provisions for geothermal tenures and GHG authorities Division 1 Preliminary 318ELAM Relationship with pts 3 to 7AAB . . . . . . . . . . . . . . . . . 406 318ELAN What is an overlapping authority (geothermal or GHG) .............................. 407 318ELAO General provision about mining tenements for land subject to geothermal tenure or GHG authority . . . . . 407 Division 2 Obtaining mining lease if overlapping tenure Subdivision 1 Preliminary 318ELAP Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 408 Subdivision 2 Requirements for application 318ELAQ Requirements for making application . . . . . . . . . . . . . 408 318ELAR Content requirements for information statement . . . . 409 Subdivision 3 Consultation provisions 318ELAS Applicant's information obligation . . . . . . . . . . . . . . . . 409 318ELAT Submissions by overlapping tenure holder. . . . . . . . . 410 Subdivision 4 Resource management decision if overlapping permit 318ELAU Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . 411 318ELAV Operation of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 411 318ELAW Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . 412 318ELAX Restrictions on giving overlapping authority priority . . 412 Subdivision 5 Process if resource management decision is to give overlapping authority priority 318ELAY Application of sdiv 5 . . . . . . . . . . . . . . . . . . . . . . . . . . 412 318ELAZ Notice to applicant and overlapping permit holder . . . 413 318ELBA Overlapping lease application for all of the land. . . . . 413 318ELBB Overlapping lease application for part of the land . . . 414 318ELBC No overlapping lease application . . . . . . . . . . . . . . . . 415 Subdivision 6 Resource management decision not to recommend grant and not to give priority 318ELBD Lapsing of application. . . . . . . . . . . . . . . . . . . . . . . . . 415 Subdivision 7 Deciding application 318ELBE Application of sdiv 7 . . . . . . . . . . . . . . . . . . . . . . . . . . 415 Page 30

 


 

Geothermal Energy Bill 2010 Contents 318ELBF Application may be refused if no reasonable prospects of future geothermal or GHG coordination arrangement . . . . . . . . . . . . . . . . . . . . . 416 318ELBG Additional criteria for deciding provisions of mining lease ............................. 417 318ELBH Publication of outcome of application . . . . . . . . . . . . . 417 Division 3 Priority to particular geothermal or GHG lease applications 318ELBI Earlier geothermal or GHG lease application. . . . . . . 418 318ELBJ Proposed geothermal or GHG lease for which EIS approval given .......................... 419 318ELBK Proposed GHG lease declared a significant project 419 Division 4 Mining lease applications in response to invitation under Geothermal Act or GHG storage Act 318ELBL Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 420 318ELBM Minister may refuse application . . . . . . . . . . . . . . . . . 420 Division 5 Additional provisions for particular mining tenements Subdivision 1 Restrictions on authorised activities for particular mining tenements 318ELBN Prospecting permit overlapping with geothermal or GHG lease ............................. 421 318ELBO Other overlapping authorities . . . . . . . . . . . . . . . . . . . 421 318ELBP Resolving disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . 422 Subdivision 2 Provisions about conditions 318ELBQ Notice by particular mining tenement holders to particular geothermal tenure or GHG authority holders or applicants 423 318ELBR Restriction on recommendation to vary conditions of particular mining leases . . . . . . . . . . . . . . . . . . . . . 424 318ELBS Condition to notify particular authority holders of proposed start of designated activities . . . . . . . . . . . . 424 318ELBT Requirement to continue geothermal or GHG coordination arrangement after renewal of or dealing with mining lease . . . . . . . . . . . . . . . . . . . . . . 425 512 Amendment of s 403 (Offences regarding land subject to mining claim or mining lease). . . . . . . . . . . . . . . . . . . . . . . . . . . . 425 513 Insertion of new pt 19, div 13, sdiv 3 . . . . . . . . . . . . . . . . . . . . . . 426 Subdivision 3 Provisions for enactment of Geothermal Energy Act 2010 780 Definitions for sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 426 Page 31

 


 

Geothermal Energy Bill 2010 Contents 781 Existing mining tenement applications . . . . . . . . . . . . 426 782 Existing mining claims consented to by geothermal permit holder . . . . . . . . . . . . . . . . . . . . . . 427 514 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 428 Division 6 Amendment of Pest Management Act 2001 515 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 429 516 Amendment of s 7 (Non-application of Act) . . . . . . . . . . . . . . . . . 429 517 Amendment of pt 7 hdg (Savings and transitional provisions) . . . 430 518 Insertion of new pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 430 Part 8 Transitional provision for repeal of Act No. 30 of 1987 145 Non-application of Act to use of timber preservative treatment under authorisation . . . . . . . . . . . . . . . . . . 430 Division 7 Amendment of Petroleum Act 1923 519 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 431 520 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 432 521 Replacement of s 4A (Relationship with Greenhouse Gas Storage Act 2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 432 4A Relationship with Geothermal Act and Greenhouse Gas Storage Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . 433 522 Omission of s 24A (Prohibition on carrying out activities prohibited under Geothermal Exploration Act 2003) . . . . . . . . . . 433 523 Amendment of s 40 (Lease to holder of authority to prospect) . . 433 524 Replacement of s 75R (Transfer of well to holder of geothermal exploration permit or mining tenement) . . . . . . . . . . . . . . . . . . . . 433 75R Transfer of well to holder of geothermal tenure or mining tenement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 433 525 Replacement of pt 6FA (Provisions for GHG authorities) . . . . . . . 434 Part 6FA Provisions for geothermal tenures and GHG authorities Division 1 Preliminary 78CA Relationship with other provisions . . . . . . . . . . . . . . . 434 78CB What is an overlapping authority (geothermal or GHG) ............................... 435 78CC General provision about 1923 Act petroleum tenures for land subject to geothermal tenure or GHG authority ........................ 435 Division 2 Restrictions on authorised activities for authorities to prospect 78CD Overlapping geothermal or GHG lease . . . . . . . . . . . 435 Page 32

 


 

Geothermal Energy Bill 2010 Contents 78CE Overlaps with geothermal permit or particular GHG authorities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 436 78CF Resolving disputes about the restrictions. . . . . . . . . . 436 Division 3 Leases with overlapping geothermal tenure or GHG authority Subdivision 1 Continuance of coordination arrangements after renewal or dealing 78CG Requirement to continue geothermal or GHG coordination arrangement . . . . . . . . . . . . . . . . . . . . . 437 Subdivision 2 Later development plans 78CH Operation of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 438 78CI Statement about interests of overlapping tenure holder ............................... 438 78CJ Consistency with overlapping tenure's development plan and with any relevant coordination arrangement . . . . . . . . . . . . . . . . . . . . . 439 Division 4 Provisions for all 1923 Act petroleum tenures Subdivision 1 Safety management plans 78CK Requirements for consultation with particular overlapping tenure holders . . . . . . . . . . . . . . . . . . . . . 440 78CL Application of 2004 Act provisions for resolving disputes about reasonableness of proposed provision ............................ 441 Subdivision 2 Other provisions 78CM Condition to notify particular authority holders of proposed start of designated activities . . . . . . . . . . . . 442 78CN Restriction on power to amend. . . . . . . . . . . . . . . . . . 443 526 Replacement of pt 6J hdg (Access to land in area of another 1923 Act petroleum tenure, a 2004 Act petroleum authority or a mining tenement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 443 527 Amendment of s 79M (Application of pt 6J) . . . . . . . . . . . . . . . . . 443 528 Amendment of s 79N (Access to land in area of lease under this Act, a 2004 Act lease or a mining lease) . . . . . . . . . . . . . . . . 444 529 Amendment of s 79O (Access to land in area of another type of mining tenement or 1923 Act petroleum tenure) . . . . . . . . . . . 444 Division 8 Amendment of Petroleum and Gas (Production and Safety) Act 2004 530 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 445 531 Amendment of s 3A (Secondary purpose--facilitation of Geothermal Exploration Act 2004 and Greenhouse Gas Storage Act 2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 445 532 Replacement of s 6B (Relationship with GHG storage Act) . . . . . 446 Page 33

 


 

Geothermal Energy Bill 2010 Contents 6B Relationship with Geothermal Act and GHG storage Act ........................... 446 533 Amendment of s 22 (What is an authorised activity) . . . . . . . . . . 446 534 Replacement of s 289 (Transfer of petroleum well to holder of geothermal exploration permit or mining tenement). . . . . . . . . . . 446 289 Transfer of petroleum well to holder of geothermal tenure or mining tenement . . . . . . . . . . . . . . . . . . . . . 447 535 Replacement of ch 3A (Provisions for GHG authorities) . . . . . . . 447 Chapter 3A Provisions for geothermal tenures and GHG authorities Part 1 Preliminary 392AA Relationship with chs 2 and 3. . . . . . . . . . . . . . . . . . . 447 392AB What is an overlapping authority (geothermal or GHG) ............................. 448 392AC General provision about petroleum authorities for land subject to geothermal tenure or GHG authority . 448 Part 2 Obtaining petroleum lease if overlapping tenure Division 1 Preliminary 392AD Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 449 Division 2 Requirements for application 392AE Requirements for making application . . . . . . . . . . . . . 449 392AF Content requirements for information statement . . . . 450 Division 3 Consultation provisions 392AG Applicant's information obligation . . . . . . . . . . . . . . . . 451 392AH Submissions by overlapping tenure holder. . . . . . . . . 451 Division 4 Resource management decision if overlapping permit 392AI Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 452 392AJ Resource management decision . . . . . . . . . . . . . . . . 452 392AK Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . 453 392AL Restrictions on giving overlapping authority priority . . 453 Division 5 Process if resource management decision is to give overlapping authority priority 392AM Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 454 392AN Notice to applicant and overlapping permit holder 454 392AO Overlapping lease application for all of the land. . . . . 454 392AP Overlapping lease application for part of the land . . . 455 392AQ No overlapping lease application . . . . . . . . . . . . . . . . 456 Page 34

 


 

Geothermal Energy Bill 2010 Contents Division 6 Resource management decision not to grant and not to give priority 392AR Lapsing of application. . . . . . . . . . . . . . . . . . . . . . . . . 456 Division 7 Deciding application 392AS Application of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . 456 392AT Application may be refused if no reasonable prospects of future geothermal or GHG coordination arrangement . . . . . . . . . . . . . . . . . . . . . 457 392AU Additional criteria for deciding provisions of petroleum lease ........................ 458 392AV Publication of outcome of application . . . . . . . . . . . . . 458 Part 3 Priority to particular geothermal or GHG lease applications 392AW Earlier geothermal or GHG lease application. . . . . . . 459 392AX Proposed geothermal or GHG lease for which EIS approval given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 460 392AY Proposed geothermal or GHG lease declared a significant project . . . . . . . . . . . . . . . . . . . . . . . . . . . . 460 Part 4 Petroleum lease applications in response to invitation under Geothermal Act or GHG storage Act 392AZ Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . 461 392BA Additional ground for refusing application . . . . . . . . . 461 Part 5 Additional provisions for petroleum authorities Division 1 Restrictions on authorised activities for particular petroleum authorities 392BB Overlapping geothermal or GHG lease . . . . . . . . . . . 462 392BC Overlapping geothermal permit or particular GHG authorities ............................ 463 392BD Resolving disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . 463 Division 2 Additional conditions 392BE Notice by authority to prospect holder to particular geothermal tenure or GHG authority holders or applicants 464 392BF Condition to notify particular geothermal tenure or GHG authority holders of proposed start of particular authorised activities . . . . . . . . . . . . . . . . . . . . . . . . . . 465 392BG Requirement to continue geothermal or GHG coordination arrangement after renewal of or dealing with petroleum lease . . . . . . . . . . . . . . . . . . . 466 Division 3 Restriction on Minister's power to amend petroleum lease if overlapping tenure Page 35

 


 

Geothermal Energy Bill 2010 Contents 392BH Interests of overlapping tenure holder to be considered ........................... 467 Part 6 Additional provisions for development plans if overlapping tenure 392BI Operation of pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 467 392BJ Statement about interests of overlapping tenure holder .............................. 467 392BK Consistency with overlapping tenure's development plan and with any relevant coordination arrangement 468 392BL Additional criteria for approval . . . . . . . . . . . . . . . . . . 468 Part 7 Additional provisions for safety management plans 392BM Grant of petroleum lease does not affect obligation to make plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 468 392BN Requirements for consultation with particular overlapping tenure holders . . . . . . . . . . . . . . . . . . . . . 469 392BO Application of provisions for resolving disputes about reasonableness of proposed provision. . . . . . . 470 536 Amendment of s 400 (Restriction if there is an existing mining lease or GHG lease) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 471 537 Amendment of s 528 (Application of pt 4) . . . . . . . . . . . . . . . . . . 471 538 Amendment of s 529 (Access to land in area of mining lease, a 1923 Act lease or a petroleum lease). . . . . . . . . . . . . . . . . . . . . . 471 539 Amendment of s 530 (Access to land in area of another type of mining tenement or petroleum authority) . . . . . . . . . . . . . . . . . . . 472 540 Amendment of s 669 (Making safety requirement). . . . . . . . . . . . 472 541 Amendment of s 670 (What is an operating plant) . . . . . . . . . . . . 472 542 Amendment of s 672 (What is a stage of an operating plant) . . . 475 543 Amendment of s 675 (Content requirements for safety management plans) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 475 544 Amendment of s 687 (Who is the executive safety manager of an operating plant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 475 545 Insertion of new s 687A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 476 687A Requirement of joint holders to give information about executive safety manager. . . . . . . . . . . . . . . . . 476 546 Amendment of s 690 (Content requirements for safety reports) . 476 547 Replacement of s 691 (Obligation to give information to particular authority holders) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 477 691 Obligation to give information to coal or oil shale exploration tenement holder . . . . . . . . . . . . . . . . . . . . 477 Page 36

 


 

Geothermal Energy Bill 2010 Contents 548 Amendment of s 699A (Operator's obligation for particular adjacent or overlapping authorities) . . . . . . . . . . . . . . . . . . . . . . . 477 549 Amendment of s 705 (Application of sdiv 1). . . . . . . . . . . . . . . . . 478 550 Amendment of s 705A (Requirement to have principal hazard management plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 478 551 Amendment of s 705B (Content requirements for principal hazard management plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 478 552 Amendment of s 705C (Resolving disputes about provision proposed by mining lease or GHG lease holder) . . . . . . . . . . . . . 479 553 Amendment of s 708B (Chief inspector may issue safety alerts and instructions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 479 554 Amendment of s 736 (Functions) . . . . . . . . . . . . . . . . . . . . . . . . . 479 555 Amendment of s 744 (Inspector's additional entry power for emergency or incident). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 480 556 Amendment of s 746 (Authorised officer's additional entry power for petroleum authority, geothermal exploration permit or GHG authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 480 557 Amendment of s 769 (Testing seized things) . . . . . . . . . . . . . . . . 480 558 Amendment of s 780 (Power to give compliance direction) . . . . . 480 559 Amendment of s 781 (Requirements for giving compliance direction) ...................................... 481 560 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 481 Division 9 Amendment of Torres Strait Islander Land Act 1991 561 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 483 562 Replacement of s 39 (Reservations of minerals and petroleum) . 483 39 Resource reservations under other Acts . . . . . . . . . . 483 563 Replacement of s 77 (Reservations of minerals and petroleum) . 483 77 Resource reservations under other Acts . . . . . . . . . . 483 Division 10 Amendment of Valuation of Land Act 1944 564 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 484 565 Replacement of s 16 (Exclusion of timber and minerals) . . . . . . . 484 16 Exclusion of particular resources . . . . . . . . . . . . . . . . 484 Division 11 Amendment of Water Act 2000 566 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 485 567 Amendment of s 203 (Definitions for pt 6) . . . . . . . . . . . . . . . . . . 485 568 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 485 Division 12 Amendment of Workplace Health and Safety Act 1995 569 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 486 570 Amendment of s 3 (Application of Act) . . . . . . . . . . . . . . . . . . . . . 486 Page 37

 


 

Geothermal Energy Bill 2010 Contents Division 13 Amendment of other Acts 571 Acts amended in sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 487 Schedule 1 Decisions subject to appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . 488 Schedule 2 Minor and consequential amendments of Acts . . . . . . . . . . . 491 Part 1 Amendments commencing on date of assent Greenhouse Gas Storage Act 2009 . . . . . . . . . . . . . . . . . . . . . . . 491 Petroleum and Gas (Production and Safety) Act 2004. . . . . . . . . 494 Part 2 Amendments relating to land access and owners and occupiers Greenhouse Gas Storage Act 2009 . . . . . . . . . . . . . . . . . . . . . . . 495 Mineral Resources Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 497 Petroleum Act 1923 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 498 Petroleum and Gas (Production and Safety) Act 2004. . . . . . . . . 500 Wild Rivers Act 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 501 Part 3 Amendments of this Act Part 4 Other amendments Aboriginal Land Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 502 Coastal Protection and Management Act 1995 . . . . . . . . . . . . . . 503 Dangerous Goods Safety Management Act 2001 . . . . . . . . . . . . 504 Environmental Protection Act 1994 . . . . . . . . . . . . . . . . . . . . . . . 504 Fire and Rescue Service Act 1990. . . . . . . . . . . . . . . . . . . . . . . . 505 Foreign Ownership of Land Register Act 1988. . . . . . . . . . . . . . . 505 Forestry Act 1959 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505 Greenhouse Gas Storage Act 2009 . . . . . . . . . . . . . . . . . . . . . . . 507 Land Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510 Land Court Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 511 Land Protection (Pest and Stock Route Management) Act 2002 . 511 Local Government Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 516 Nature Conservation Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . 516 Petroleum Act 1923 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 517 Petroleum and Gas (Production and Safety) Act 2004. . . . . . . . . 518 Queensland Heritage Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . 519 State Development and Public Works Organisation Act 1971 . . . 519 Survey and Mapping Infrastructure Act 2003 . . . . . . . . . . . . . . . . 521 Sustainable Planning Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . 521 Torres Strait Islander Land Act 1991 . . . . . . . . . . . . . . . . . . . . . . 521 Page 38

 


 

Geothermal Energy Bill 2010 Contents Valuation of Land Act 1944 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 522 Whistleblowers Protection Act 1994 . . . . . . . . . . . . . . . . . . . . . . . 523 Schedule 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 524 Page 39

 


 

 

2010 A Bill for An Act to enable and facilitate the production of geothermal energy, to amend this Act, amend and repeal the Geothermal Exploration Act 2004, to repeal the Timber Utilisation and Marketing Act 1987, to amend the Aboriginal Land Act 1991, Coastal Protection and Management Act 1995, Dangerous Goods Safety Management Act 2001, Electricity Act 1994, Environmental Protection Act 1994, Fire and Rescue Service Act 1990, Foreign Ownership of Land Register Act 1988, Forestry Act 1959, Greenhouse Gas Storage Act 2009, Land Act 1994, Land Court Act 2000, Land Protection (Pest and Stock Route Management) Act 2002, Land Title Act 1994, Local Government Act 2009, Mineral Resources Act 1989, Nature Conservation Act 1992, Pest Management Act 2001, Petroleum Act 1923, Petroleum and Gas (Production and Safety) Act 2004, Queensland Heritage Act 1992, State Development and Public Works Organisation Act 1971, Survey and Mapping Infrastructure Act 2003, Sustainable Planning Act 2009, Torres Strait Islander Land Act 1991, Valuation of Land Act 1944, Water Act 2000, Whistleblowers Protection Act 1994 and Workplace Health and Safety Act 1995 for particular purposes and to make a consequential amendment of the Wild Rivers Act 2005

 


 

Geothermal Energy Bill 2010 Chapter 1 Preliminary Part 1 Introduction [s 1] The Parliament of Queensland enacts-- 1 Chapter 1 Preliminary 2 Part 1 Introduction 3 1 Short title 4 This Act may be cited as the Geothermal Energy Act 2010. 5 2 Commencement 6 (1) Subject to subsections (2) and (3), this Act commences on a 7 day to be fixed by proclamation. 8 (2) The following provisions commence on the date of assent-- 9 (a) chapter 9, part 2; 10 (b) chapter 10, part 1; 11 (c) schedule 2, part 1. 12 (3) Schedule 2, part 3 commences immediately after all of 13 chapter 10 and all of the other provisions of schedule 2 have 14 commenced. 15 Part 2 Purposes and application of 16 Act 17 3 Purposes of Act and their achievement 18 (1) The main purpose of this Act is to encourage and facilitate the 19 Page 42

 


 

Geothermal Energy Bill 2010 Chapter 1 Preliminary Part 2 Purposes and application of Act [s 4] safe production of geothermal energy for the benefit of all 1 Queenslanders. 2 (2) The main purpose is achieved principally by-- 3 (a) providing for the granting of authorities (called 4 `geothermal tenures') to explore for or produce 5 geothermal energy; and 6 Note-- 7 Under section 321, there are several exemptions from the 8 requirement to hold a geothermal tenure. They include 9 exemptions for-- 10 · exempt heat pump production 11 · other geothermal production that is not of a large-scale. 12 (b) creating a regulatory system for the carrying out of 13 activities relating to geothermal tenures. 14 (3) Other purposes of this Act are to-- 15 (a) ensure the following for the carrying out of the 16 activities-- 17 (i) minimisation of conflict with other land uses; 18 (ii) constructive consultation with people affected by 19 the activities; 20 (iii) appropriate compensation for owners or occupiers 21 of land adversely affected by the activities; 22 (iv) responsible land and resource management; and 23 (b) encourage the use of renewable energy in the State. 24 4 Facilitation of Act by Petroleum and Gas (Production and 25 Safety) Act 2004 26 The Petroleum and Gas (Production and Safety) Act 2004 (the 27 P&G Act) also facilitates the operation of this Act by-- 28 (a) applying chapter 9 of that Act (the P&G Act safety 29 provisions) to particular authorised activities for a 30 geothermal tenure; and 31 Page 43

 


 

Geothermal Energy Bill 2010 Chapter 1 Preliminary Part 2 Purposes and application of Act [s 5] (b) applying its provisions about investigations and some of 1 its provisions about enforcement to authorised activities 2 for geothermal tenures. 3 5 Act binds all persons 4 (1) This Act binds all persons, including the State and, to the 5 extent the legislative power of the Parliament permits, the 6 Commonwealth and the other States. 7 (2) However, the Commonwealth or a State can not be prosecuted 8 for an offence against this Act. 9 6 Application of Act to coastal waters of the State 10 (1) This Act applies to the coastal waters of the State as if the 11 coastal waters of the State were part of the State. 12 (2) However, this Act does not apply to the adjacent area under 13 the Petroleum (Submerged Lands) Act 1982. 14 7 Relationship with Nature Conservation Act 1992 15 This Act is subject to the Nature Conservation Act 1992, 16 sections 27 and 70QA. 17 Editor's note-- 18 Nature Conservation Act 1992, sections 27 (Prohibition on mining, 19 geothermal activities and GHG storage activities) and 70QA 20 (Prohibition on mining, geothermal activities and GHG storage 21 activities in forest reserves) 22 8 Relationship with GHG storage Act and principal mining 23 and petroleum Acts 24 The relationship between this Act and the following Acts and 25 the tenures and other authorities under them is provided for 26 under chapter 5, parts 2 to 8 and-- 27 (a) for the Greenhouse Gas Storage Act 2009 (the GHG 28 storage Act)--chapter 4, parts 2 to 8 of that Act; 29 Page 44

 


 

Geothermal Energy Bill 2010 Chapter 1 Preliminary Part 2 Purposes and application of Act [s 9] (b) for the Mineral Resources Act 1989 (the Mineral 1 Resources Act)--part 7AAC of that Act; 2 (c) for the Petroleum Act 1923 (the 1923 Act)--section 3 40(1A) and part 6FA of that Act; 4 (d) for the P&G Act--chapter 3A of that Act. 5 9 Act does not affect other rights or remedies 6 (1) Subject to sections 201 and 374 this Act does not affect or 7 limit a civil right or remedy that exists apart from this Act, 8 whether at common law or otherwise. 9 Editor's note-- 10 sections 201 (Responsibility for geothermal well after 11 decommissioning) and 374 (Protection from liability for particular 12 persons) 13 (2) Without limiting subsection (1), compliance with this Act 14 does not necessarily show that a civil obligation that exists 15 apart from this Act has been satisfied or has not been 16 breached. 17 (3) In addition, a breach of an obligation under this Act does not 18 of itself give rise to an action for breach of statutory duty or 19 another civil right or remedy. 20 (4) This Act does not limit a court's powers under the Penalties 21 and Sentences Act 1992 or another law. 22 Page 45

 


 

Geothermal Energy Bill 2010 Chapter 1 Preliminary Part 3 Interpretation [s 10] Part 3 Interpretation 1 Division 1 Dictionary 2 10 Definitions 3 The dictionary in schedule 3 defines particular words used in 4 this Act. 5 Division 2 Key definitions 6 Subdivision 1 Key concepts 7 11 What is geothermal energy 8 Geothermal energy is heat energy derived from the earth's 9 natural (subsurface) heat. 10 12 What are geothermal resources 11 Geothermal resources are geological strata and associated 12 material in which elevated levels of geothermal energy exist. 13 Examples of associated material-- 14 groundwater, other fluids and gases that may fill fractures or voids in 15 geological strata 16 13 What is geothermal exploration 17 Geothermal exploration is-- 18 (a) exploring for and quantifying geothermal resources; and 19 (b) carrying out investigations and other activities 20 associated with exploring for, or quantifying, 21 geothermal resources. 22 Page 46

 


 

Geothermal Energy Bill 2010 Chapter 1 Preliminary Part 3 Interpretation [s 14] Note-- 1 Some geothermal exploration and production is not regulated under this 2 Act, but may be under other legislation. See section 321(b) and (d) to (f) 3 and note and also sections 16, 35 and 77. 4 14 What is geothermal production 5 (1) Geothermal production is the recovery of geothermal 6 energy-- 7 (a) on or from beneath the surface of the land in which it is 8 contained, other than production testing; or 9 (b) from a place at which geothermal energy naturally 10 appears at the surface of the land. 11 Example for paragraph (b)-- 12 hot springs 13 (2) However, for this Act, geothermal energy is only produced 14 when it is used for any purpose. 15 15 What is exempt heat pump production 16 Exempt heat pump production is geothermal production 17 using a geothermal heat pump if-- 18 (a) the purpose of the production is to cool or heat 19 buildings; and 20 (b) the production is not of a large-scale. 21 16 References to large-scale geothermal production 22 (1) This section applies to a reference in this Act to large-scale 23 geothermal production. 24 (2) In deciding whether geothermal production is or will not be of 25 a large-scale, regard must be had to any criteria prescribed 26 under a regulation. 27 (3) In making a regulation under subsection (2), the following 28 may be considered-- 29 Page 47

 


 

Geothermal Energy Bill 2010 Chapter 1 Preliminary Part 3 Interpretation [s 17] (a) the temperature of fluid or gases extracted in the 1 geothermal production; 2 (b) the flow rate of fluid or gases extracted in the 3 geothermal production; 4 (c) the amount of geothermal energy produced. 5 (4) In this section-- 6 geothermal production includes proposed geothermal 7 production. 8 17 What is production testing 9 Production testing is testing from a geothermal well to 10 evaluate the feasibility of geothermal production. 11 18 What is a geothermal activity 12 A geothermal activity is any activity that may be an 13 authorised activity for any geothermal tenure, whether or not a 14 geothermal tenure has been granted for the activity. 15 Subdivision 2 Definitions relating to authorities 16 under Act 17 19 Types of authority under Act 18 (1) The types of authority under this Act are-- 19 (a) a geothermal exploration permit (also called a 20 geothermal permit)-- 21 (i) granted under section 40; or 22 (ii) continued in force under section 79 or 287; or 23 (iii) renewed under section 288; and 24 Page 48

 


 

Geothermal Energy Bill 2010 Chapter 1 Preliminary Part 3 Interpretation [s 20] Note-- 1 See also section 392 (Conversion of 2004 Act permits on 2010 2 Act start day). 3 (b) a geothermal production lease (also called a 4 geothermal lease)-- 5 (i) granted under section 82; or 6 (ii) continued in force under section 79 or 287; or 7 (iii) renewed under section 288. 8 (2) A geothermal tenure is a geothermal permit or a geothermal 9 lease. 10 20 What are the conditions of a geothermal tenure 11 (1) The conditions of a geothermal tenure are-- 12 (a) the conditions stated in it from time to time; and 13 (b) the geothermal tenure holder's obligations under 14 chapters 2 to 6; and 15 (c) any condition of the geothermal tenure imposed under 16 chapters 2 to 6 or prescribed under section 378; and 17 (d) a condition that the holder must ensure each person 18 who, under section 353, may carry out an authorised 19 activity for the geothermal tenure complies with its 20 conditions to the extent the conditions apply to the 21 carrying out of the activity. 22 (2) A condition mentioned in subsection (1)(b) or (c) is a 23 mandatory condition of the geothermal tenure. 24 21 References to geothermal tenure or provisions of 25 geothermal tenure 26 (1) A reference in this Act to a geothermal tenure includes a 27 reference to its provisions. 28 Page 49

 


 

Geothermal Energy Bill 2010 Chapter 1 Preliminary Part 3 Interpretation [s 22] (2) A reference in this Act to the provisions of a geothermal 1 tenure is a reference to its mandatory or other conditions and 2 anything written in it. 3 22 What is an authorised activity for a geothermal tenure 4 An authorised activity, for a geothermal tenure, is an activity 5 that its holder is, under this Act or the tenure, entitled to carry 6 out in relation to the tenure. 7 Notes-- 8 1 The provisions of the geothermal tenure may restrict the carrying 9 out of authorised activities. See sections 40, 82, 289, 290, 291 and 10 314(3). 11 2 The carrying out of authorised activities is subject to the restrictions 12 under chapters 2 to 6 and section 351 and holder's rights and 13 obligations under those chapters. 14 Subdivision 3 Other key definitions 15 23 Who is an eligible person 16 An eligible person is-- 17 (a) an adult; or 18 (b) a company or registered body under the Corporations 19 Act; or 20 (c) a government owned corporation. 21 24 What is a work program for a geothermal permit 22 (1) The work program, for a geothermal permit, is its current 23 initial or later work program approved under chapter 2, part 3 24 as amended from time to time under that part. 25 (2) For subsection (1), the work program is current if the period to 26 which the program applies has started and not ended. 27 Page 50

 


 

Geothermal Energy Bill 2010 Chapter 1 Preliminary Part 3 Interpretation [s 25] 25 What is a development plan for a geothermal lease 1 (1) The development plan, for a geothermal lease, is its current 2 initial or later development plan approved under chapter 3, 3 part 3 as amended from time to time under that part. 4 (2) For subsection (1), the development plan is current if the 5 period to which the plan applies has started and has not ended. 6 26 Graticulation of earth's surface into blocks and 7 sub-blocks 8 (1) A block is the land resulting from a notional division of the 9 earth's surface-- 10 (a) by 2 meridians of longitude 5 minutes apart, each 11 meridian being a multiple of 5 minutes of longitude 12 from the meridian of Greenwich; and 13 (b) by 2 parallels of latitude 5 minutes apart, each parallel 14 being a multiple of 5 minutes of latitude from the 15 equator. 16 (2) A sub-block is the land resulting from a notional division of a 17 block into 25 areas, each sub-block being bounded by 2 18 meridians of longitude 1 minute of longitude apart and 2 19 parallels of latitude 1 minute of latitude apart. 20 (3) Each block and sub-block must be identified in the way 21 approved by the chief executive. 22 27 What is a resource Act 23 A resource Act is any of the following-- 24 · this Act 25 · the GHG storage Act 26 · the Mineral Resources Act 27 · the 1923 Act 28 · the P&G Act. 29 Page 51

 


 

Geothermal Energy Bill 2010 Chapter 1 Preliminary Part 4 State ownership of geothermal energy [s 28] Part 4 State ownership of geothermal 1 energy 2 28 State ownership of geothermal energy 3 (1) All geothermal energy on or below the surface of any land in 4 the State is, and is taken always to have been, the property of 5 the State. 6 (2) To remove any doubt, it is declared that-- 7 (a) a person does not acquire any property in geothermal 8 energy merely because the person discovers it or 9 discovers geothermal resources from which geothermal 10 energy may be extracted; and 11 (b) subsection (1) applies whether or not the land is 12 freehold or other land. 13 (3) This section applies despite any other Act, grant, title or other 14 document. 15 29 Reservation in land grants 16 (1) This section applies to each grant under another Act of a right 17 relating to land. 18 (2) This section applies whether the grant was made before or 19 after the commencement of this section. 20 (3) The grant is taken to contain a reservation to the State of-- 21 (a) all geothermal energy on or below the surface of the 22 land; and 23 (b) the exclusive right to do the following in relation to the 24 land-- 25 (i) to enter and carry out any geothermal activity; 26 (ii) to authorise, under this Act, persons to carry out 27 any geothermal activity; 28 Page 52

 


 

Geothermal Energy Bill 2010 Chapter 2 Geothermal exploration permits Part 1 Key authorised activities [s 30] (iii) to regulate, under this Act, geothermal activities 1 carried out by others. 2 Note-- 3 See, however, section 368 (Provision for entry by State to carry out 4 geothermal activity). 5 (4) In this section-- 6 grant, of a right, includes an authority, lease, licence, permit 7 or other instrument of tenure, however called. 8 Chapter 2 Geothermal exploration 9 permits 10 Notes-- 11 1 For the general requirement to have a geothermal tenure and the 12 exceptions to the requirement, see section 321. 13 2 In particular, section 321 does not require the holding of a 14 geothermal permit for geothermal exploration that is only for 15 exempt heat pump production. 16 3 Chapter 5 (Coordination with particular authorities under other 17 resource Acts) imposes requirements for and restrictions on the 18 granting of, and restrictions on authorised activities that may be 19 carried out under, particular geothermal tenures. See section 133. 20 Part 1 Key authorised activities 21 30 Operation of pt 1 22 This part provides for the key authorised activities for a 23 geothermal permit. 24 Notes-- 25 1 For other authorised activities, see chapter 6, part 5, division 2 26 (Access to private land outside area of geothermal tenure) and 27 Page 53

 


 

Geothermal Energy Bill 2010 Chapter 2 Geothermal exploration permits Part 1 Key authorised activities [s 31] chapter 8, part 1, division 2 (General provisions about authorised 1 activities). 2 2 For general restrictions on authorised activities, their relationship 3 with owners' and occupiers' rights and who may carry out 4 authorised activities for a geothermal tenure holder, see chapter 4 5 and chapter 8, part 1, division 2. 6 31 Principal authorised activities 7 The geothermal permit holder may carry out the following 8 activities in the permit's area-- 9 (a) geothermal exploration; 10 (b) evaluating the feasibility of geothermal production, 11 including, for example, by production testing. 12 32 Incidental activities 13 (1) The geothermal permit holder may carry out any other activity 14 (an incidental activity) in the permit's area if carrying out the 15 activity is reasonably necessary for or is incidental to 16 geothermal exploration. 17 Examples of incidental activities-- 18 · constructing or operating facilities, plant or works, including, for 19 example, communication systems, compressors, pipelines, 20 pumping stations, reservoirs, roads, evaporation or storage ponds 21 and tanks 22 · constructing or using temporary structures or structures of a 23 technical nature 24 (2) However, constructing or using a structure, other than a 25 temporary structure, for office or residential accommodation 26 is not an incidental activity. 27 Page 54

 


 

Geothermal Energy Bill 2010 Chapter 2 Geothermal exploration permits Part 2 Obtaining geothermal permit [s 33] Part 2 Obtaining geothermal permit 1 Division 1 Restricted areas 2 33 Minister's power to decide restricted areas for 3 geothermal tenures 4 (1) The Minister may declare that land in an area (a restricted 5 area) is land for which a geothermal tenure application can 6 not be made. 7 (2) However, a declaration can not be made under subsection (1) 8 for excluded land or land in an existing geothermal tenure's 9 area. 10 (3) The declaration must be made by gazette notice or by 11 publishing a notice about the declaration. 12 34 Amendment or cancellation of restricted area 13 (1) The power under section 33 to declare a restricted area 14 includes the power to amend or cancel a restricted area. 15 (2) If land ceases to be in a restricted area, the relevant 16 declaration may state a period within which geothermal 17 permit applications for the land will not be considered, to 18 allow them to be considered competitively after the period 19 ends. 20 (3) Land mentioned in subsection (2) is a released area. 21 (4) The period stated under subsection (2) for a released area is 22 the application period for the area. 23 Page 55

 


 

Geothermal Energy Bill 2010 Chapter 2 Geothermal exploration permits Part 2 Obtaining geothermal permit [s 35] Division 2 Applying for geothermal permit 1 35 Who may apply 2 (1) Any eligible person may apply for a geothermal permit for 3 land other than-- 4 (a) land in a restricted area; or 5 (b) excluded land; or 6 (c) land in an existing geothermal tenure's area; or 7 (d) land that has been in a geothermal tenure's area within 2 8 months before the making of the application. 9 (2) Also, a geothermal permit application (the relevant 10 application) may be made for land the subject of an existing 11 application only if-- 12 (a) the land is in a released area and the relevant application 13 is made during the application period for the area; or 14 (b) the existing application was made on the same day as 15 the relevant application. 16 (3) Despite subsection (1), a geothermal permit application can 17 not be made for geothermal exploration-- 18 (a) for exempt heat pump production; or 19 (b) to evaluate the feasibility of exempt heat pump 20 production. 21 (4) In this section-- 22 existing application means another geothermal permit 23 application made but not decided. 24 36 Requirements for making application 25 The application must-- 26 (a) be made to the Minister in the approved form; and 27 Page 56

 


 

Geothermal Energy Bill 2010 Chapter 2 Geothermal exploration permits Part 2 Obtaining geothermal permit [s 37] (b) include a proposed work program complying with the 1 initial work program requirements; and 2 (c) include a statement about the extent to which the 3 applicant has-- 4 (i) the financial and technical resources to carry out 5 authorised activities for the proposed geothermal 6 permit; and 7 (ii) the ability to manage geothermal exploration; and 8 (d) state the name and address for service of 1 person on 9 whom any notice to the applicant may be served; and 10 (e) be accompanied by the fee prescribed under a 11 regulation. 12 Division 3 Deciding application 13 37 Restriction on deciding during application period for 14 released area 15 If the application is for land in a released area and is made 16 within the application period for the area, the application can 17 not be decided before the end of that period. 18 Note-- 19 See also section 43 (Priority for deciding competing applications). 20 38 Effect of identification of restricted area on application 21 (1) If, before the deciding of the application, any land the subject 22 of the application is declared to be in a restricted area, the 23 application lapses to the extent it applies to the restricted area. 24 (2) No amount, whether by way of compensation, reimbursement 25 or otherwise, is payable by the State to any person for or in 26 connection with the operation of subsection (1). 27 Page 57

 


 

Geothermal Energy Bill 2010 Chapter 2 Geothermal exploration permits Part 2 Obtaining geothermal permit [s 39] 39 Deciding whether to grant geothermal permit 1 (1) The Minister must decide whether or not to grant the applicant 2 a geothermal permit. 3 (2) However-- 4 (a) before deciding to grant the geothermal permit, the 5 Minister must decide whether to approve the applicant's 6 proposed initial work program for the permit; and 7 (b) the Minister can not grant the geothermal permit unless 8 the following apply-- 9 (i) the applicant continues to be an eligible person; 10 (ii) the proposed work program has been approved; 11 (iii) the relevant environmental authority has been 12 issued; 13 (iv) any relevant Water Act authorisation has been 14 issued. 15 (3) The Minister may, as a condition of deciding to grant the 16 geothermal permit, require the applicant to do either or both 17 of the following within a stated reasonable period-- 18 (a) pay the annual rent for the first year of the geothermal 19 permit; 20 (b) give, under section 203, security for the geothermal 21 permit. 22 (4) If the applicant does not comply with the requirement, the 23 application may be refused. 24 40 Provisions and granting of geothermal permit 25 (1) If the Minister decides to grant the applicant a geothermal 26 permit, the Minister must decide its provisions and grant the 27 the applicant the permit. 28 (2) The permit must state its term and area. 29 Page 58

 


 

Geothermal Energy Bill 2010 Chapter 2 Geothermal exploration permits Part 2 Obtaining geothermal permit [s 41] (3) The term must end no later than 5 years after the permit takes 1 effect. 2 (4) The area must comply with chapter 6, part 1. 3 (5) The permit may also state-- 4 (a) conditions or other provisions of the permit, other than 5 conditions or provisions that are-- 6 (i) inconsistent with the mandatory conditions for 7 geothermal permits; or 8 (ii) the same as, or substantially the same as, or 9 inconsistent with, any relevant environmental 10 condition for the permit; and 11 (b) the day the permit takes effect. 12 (6) However, the provisions of the permit may exclude or restrict 13 the carrying out of an authorised activity for the permit. 14 (7) The day the permit takes effect can not be before the day it is 15 granted. 16 (8) If no day of effect is stated, the permit takes effect on the day 17 after it is granted. 18 41 Criteria for decisions 19 In deciding whether or not to grant the applicant a geothermal 20 permit, or in deciding its provisions, the Minister must 21 consider-- 22 (a) the applicant's proposed initial work program; and 23 (b) the extent to which the Minister is of the opinion that the 24 applicant is capable (the capability criteria) of carrying 25 out authorised activities for the geothermal permit, 26 having regard to the applicant's-- 27 (i) financial and technical resources; and 28 (ii) ability to manage geothermal exploration. 29 Page 59

 


 

Geothermal Energy Bill 2010 Chapter 2 Geothermal exploration permits Part 3 Work programs [s 42] 42 Notice of decision 1 The Minister must, as soon as practicable after deciding 2 whether or not to grant the applicant a geothermal permit, give 3 the applicant notice of the decision. 4 Division 4 Priority for deciding competing 5 geothermal permit applications 6 43 Priority for deciding competing applications 7 (1) This section applies if 2 or more geothermal permit 8 applications are-- 9 (a) for land in a released area and made before the end of 10 the application period for the area; or 11 (b) for the same land and made on the same day. 12 Note-- 13 Competing applications for land other than land in a released area can 14 not be made on different days. See section 35. 15 (2) The applications take the priority the Minister decides, after 16 considering the relative merits of each application. 17 Part 3 Work programs 18 Division 1 Function and purpose 19 44 Function and purpose 20 (1) The work program for a geothermal permit gives detailed 21 information about the nature and extent of activities to be 22 carried out under the permit. 23 (2) The purposes of giving the information are to-- 24 Page 60

 


 

Geothermal Energy Bill 2010 Chapter 2 Geothermal exploration permits Part 3 Work programs [s 45] (a) allow resource management decisions to be made; and 1 (b) ensure appropriate development of the geothermal 2 permit's area. 3 Division 2 Requirements for proposed initial 4 work programs 5 45 Operation of div 2 6 This division provides for requirements (the initial work 7 program requirements) for a proposed work program for a 8 proposed geothermal permit. 9 46 Program period 10 (1) The proposed work program must state its period. 11 (2) The period can not be longer than 5 years from when the 12 proposed geothermal permit is to take effect. 13 47 General requirements 14 (1) The proposed work program must provide for the following-- 15 (a) its period; 16 (b) an overview of the activities proposed to be carried out 17 under the proposed geothermal permit during all of its 18 term (the proposed activities); 19 (c) for each year of the program period-- 20 (i) the extent and nature of geothermal exploration 21 proposed to be carried out during the year; and 22 (ii) generally where the proposed activities will be 23 carried out; and 24 (iii) the estimated cost of the proposed activities; 25 Page 61

 


 

Geothermal Energy Bill 2010 Chapter 2 Geothermal exploration permits Part 3 Work programs [s 48] (d) maps showing where the proposed activities will be 1 carried out; 2 (e) reasons why the program is considered appropriate; 3 (f) any other matter prescribed under a regulation. 4 (2) The proposed program may include any other information 5 relevant to the work program criteria. 6 (3) A regulation may impose requirements about the form of the 7 work program. 8 (4) The proposed program can not be inconsistent with the 9 mandatory conditions for geothermal permits. 10 (5) In this section-- 11 program period start day means the day the program period 12 starts. 13 year, of the program period, means-- 14 (a) the period starting on the program period start day and 15 ending on the first anniversary of that day; and 16 (b) each subsequent period of 12 months or less during the 17 program period, starting on an anniversary of the 18 program period start day and ending on-- 19 (i) the next anniversary of that day; or 20 (ii) if the program period ends before the next 21 anniversary--the day the program period ends. 22 48 Water issues 23 (1) The proposed work program must include an assessment of-- 24 (a) water needed for the proposed activities; and 25 (b) the potential for obtaining any relevant Water Act 26 authorisation; and 27 (c) the potential structural and other impacts of the carrying 28 out of the proposed activities on aquifers. 29 Page 62

 


 

Geothermal Energy Bill 2010 Chapter 2 Geothermal exploration permits Part 3 Work programs [s 49] (2) The proposed program must include a plan for the treatment 1 and disposal of any water taken or that may be taken because 2 of the proposed activities. 3 (3) This section is subject to section 52(2). 4 Division 3 Approval of proposed initial work 5 programs 6 Note-- 7 For the requirement for an initial work program, see section 39. 8 49 Criteria 9 (1) In deciding whether to approve a proposed initial work 10 program, the Minister must consider the following-- 11 (a) the potential of the proposed area of the geothermal 12 permit for geothermal exploration; 13 (b) the extent and nature of the proposed geothermal 14 exploration and when and where it will be carried out; 15 (c) any relevant environmental authority; 16 (d) any relevant Water Act authorisation; 17 (e) any potential structural and other impacts of the carrying 18 out of the proposed activities on aquifers. 19 (2) The matters mentioned in subsection (1) are the work 20 program criteria. 21 50 Verification may be required 22 (1) The Minister may by notice require the applicant to give the 23 Minister, within a stated reasonable period, a document made 24 by an appropriately qualified independent person verifying all 25 or any of the following-- 26 (a) an assessment of data supplied in the proposed work 27 program; 28 Page 63

 


 

Geothermal Energy Bill 2010 Chapter 2 Geothermal exploration permits Part 3 Work programs [s 51] (b) the source of the data; 1 (c) the work done for the proposed work program; 2 (d) that, in the person's opinion, the applicant has-- 3 (i) the financial and technical resources to carry out 4 authorised activities for the proposed geothermal 5 permit; and 6 (ii) the ability to manage geothermal exploration. 7 (2) If the applicant does not comply with the requirement, the 8 Minister may refuse to approve the proposed program. 9 (3) The applicant must bear any costs incurred in complying with 10 the requirement. 11 Division 4 Requirements for proposed later 12 work programs 13 51 Operation of div 4 14 This division provides for requirements (the later work 15 program requirements) for a proposed later work program for 16 a geothermal permit. 17 Note-- 18 For the requirements to give a proposed later work program, see 19 sections 118, 186(7) and 314. 20 52 General requirements 21 (1) The proposed work program must-- 22 (a) other than for the program period, comply with the 23 initial work program requirements; and 24 (b) state the extent to which the current work program for 25 the geothermal permit has been complied with; and 26 (c) if there have been any amendments to the geothermal 27 permit or its current work program, state-- 28 Page 64

 


 

Geothermal Energy Bill 2010 Chapter 2 Geothermal exploration permits Part 3 Work programs [s 53] (i) whether the changes have been incorporated in the 1 proposed program; and 2 (ii) any effect the changes have on the proposed 3 program; and 4 (d) state the effect of the discovery of geothermal resources 5 on the proposed program. 6 (2) The proposed program can not be inconsistent with any 7 relevant environmental condition for the geothermal permit. 8 53 Program period 9 The program period for the work program can not be longer 10 than the proposed term of the geothermal permit. 11 54 Implementation of evaluation program for potential 12 geothermal commercial area 13 If, under section 67, an evaluation program is taken to be an 14 additional part of the existing work program for the 15 geothermal permit, the proposed work program must include 16 work necessary to implement the evaluation program for the 17 period of that program. 18 Division 5 Approval of proposed later work 19 programs 20 55 Application of div 5 21 This division applies if, under this Act, the Minister is given a 22 proposed later work program for a geothermal permit for 23 approval. 24 56 Geothermal permit taken to have work program until 25 decision on whether to approve proposed program 26 (1) This section applies until-- 27 Page 65

 


 

Geothermal Energy Bill 2010 Chapter 2 Geothermal exploration permits Part 3 Work programs [s 57] (a) if the approval is given--the geothermal permit holder is 1 given notice of the approval; or 2 (b) if the approval is refused--the refusal takes effect. 3 (2) Despite the ending of the program period for the current work 4 program for the geothermal permit-- 5 (a) the geothermal permit is taken to have a work program; 6 and 7 (b) the holder may carry out any authorised activity for the 8 geothermal permit. 9 57 Deciding whether to approve proposed program 10 (1) The Minister may approve or refuse to approve the proposed 11 later work program. 12 (2) In deciding whether to give the approval, the Minister must 13 consider the following-- 14 (a) the capability criteria; 15 (b) the work program criteria; 16 (c) the extent to which the current work program for the 17 geothermal permit has been complied with; 18 (d) any amendments made to the geothermal permit or any 19 of the following for the permit, and the reasons for the 20 amendments-- 21 (i) the current work program; 22 (ii) the relevant environmental authority; 23 (iii) any relevant Water Act authorisation; 24 (e) any geothermal viability report or independent viability 25 assessment for the geothermal permit. 26 (3) Section 50 applies for the proposed program as if it were an 27 initial work program and an application for approval of the 28 initial work program had been made. 29 Page 66

 


 

Geothermal Energy Bill 2010 Chapter 2 Geothermal exploration permits Part 3 Work programs [s 58] 58 Steps after, and taking effect of, decision 1 (1) If the Minister decides to approve the proposed program, the 2 Minister must give the geothermal permit holder notice of the 3 decision. 4 (2) The approval takes effect when the holder is given the notice 5 or, if the notice states a later day of effect, on the later day. 6 (3) If the Minister decides to refuse to approve the later work 7 program, the Minister must give the holder an information 8 notice about the decision. 9 (4) The refusal does not take effect until the end of the appeal 10 period for the decision to refuse. 11 (5) Subsection (4) applies subject to section 332 and any decision 12 of the Land Court under section 334 relating to the decision to 13 refuse. 14 Division 6 Amending work programs 15 59 Restrictions on amending work program 16 (1) A geothermal permit holder may amend the work program for 17 the permit. 18 (2) However, the amendment is subject to approval under this 19 division. 20 (3) Also, a work program can not be amended if the program as 21 amended would be inconsistent with-- 22 (a) the mandatory conditions for geothermal permits; or 23 (b) any relevant environmental condition for the permit. 24 60 Applying for approval to amend 25 (1) A geothermal permit holder may apply to the Minister for 26 approval of an amendment of the work program for the 27 permit. 28 Page 67

 


 

Geothermal Energy Bill 2010 Chapter 2 Geothermal exploration permits Part 3 Work programs [s 61] (2) The application must be in the approved form and 1 accompanied by the fee prescribed under a regulation. 2 61 Verification 3 Section 50 applies for the application as if-- 4 (a) the application were an application for a geothermal 5 permit; and 6 (b) a reference in the section to a proposed work program 7 were a reference to the amendment. 8 62 Deciding application 9 (1) The Minister must consider and decide whether or not to 10 approve the amendment. 11 (2) In making the decision the Minister must consider the 12 following-- 13 (a) the capability criteria; 14 (b) the work program criteria; 15 (c) the extent to which the current work program for the 16 geothermal permit has been complied with; 17 (d) any amendments made to the geothermal permit or any 18 of the following for the permit, and the reasons for the 19 amendments-- 20 (i) the current work program; 21 (ii) the relevant environmental authority; 22 (iii) any relevant Water Act authorisation; 23 63 Steps after, and taking effect of, decision 24 (1) If the Minister decides to approve the amendment, the 25 Minister must give the geothermal permit holder notice of the 26 decision. 27 Page 68

 


 

Geothermal Energy Bill 2010 Chapter 2 Geothermal exploration permits Part 4 Potential geothermal commercial areas [s 64] (2) The approval takes effect when the holder is given the notice 1 or, if the notice states a later day of effect, on the later day. 2 (3) If the Minister decides to refuse to approve the amendment, 3 the Minister must give the holder an information notice about 4 the decision. 5 (4) The refusal takes effect when the holder is given the notice or, 6 if the notice states a later day of effect, on the later day. 7 (5) Subsection (4) applies subject to section 332 and any decision 8 of the Land Court under section 334 relating to the decision to 9 refuse. 10 Part 4 Potential geothermal 11 commercial areas 12 64 Purpose of potential geothermal commercial area 13 (1) The purpose of the declaration of an area as a potential 14 geothermal commercial area for a geothermal permit is to 15 encourage longer-term development of the area for 16 geothermal production. 17 (2) The purpose is achieved by making special provisions about 18 work programs and relinquishment for potential geothermal 19 commercial areas. 20 Note-- 21 For the provisions, see sections 67 and 115. 22 65 Applying for potential geothermal commercial area 23 (1) A geothermal permit holder may apply for a declaration by 24 the Minister that all or a stated part of the permit's area is a 25 potential geothermal commercial area for the permit. 26 (2) The application must be-- 27 Page 69

 


 

Geothermal Energy Bill 2010 Chapter 2 Geothermal exploration permits Part 4 Potential geothermal commercial areas [s 65] (a) made to the Minister in the approved form; and 1 (b) accompanied by the fee prescribed under a regulation. 2 (3) The application may be made-- 3 (a) for more than 1 part of the geothermal permit's area; and 4 (b) even if another part of the geothermal permit's area is 5 already a potential geothermal commercial area. 6 (4) The application must include-- 7 (a) a report for or that includes the proposed potential 8 geothermal commercial area that-- 9 (i) complies with the requirements prescribed under a 10 regulation for geothermal viability reports; and 11 (ii) is still relevant to the circumstances of the 12 proposed potential geothermal commercial area; 13 and 14 (b) an evaluation program for-- 15 (i) potential geothermal production in the proposed 16 potential geothermal commercial area; and 17 (ii) market opportunities for potential geothermal 18 production. 19 (5) However, subsection (4)(a) does not apply if-- 20 (a) a geothermal viability report or an independent viability 21 assessment relates to or includes the proposed potential 22 geothermal commercial area; and 23 (b) the report or assessment is still relevant to the 24 circumstances of the proposed potential geothermal 25 commercial area. 26 (6) The evaluation program may provide for a suspension of all or 27 part of the work program for the area the subject of the 28 application. 29 Page 70

 


 

Geothermal Energy Bill 2010 Chapter 2 Geothermal exploration permits Part 4 Potential geothermal commercial areas [s 66] 66 Deciding potential geothermal commercial area 1 application 2 (1) The Minister may declare an area the subject of the 3 application to be a potential geothermal commercial area only 4 if satisfied-- 5 (a) the area is no more than is needed to cover the 6 maximum extent of geothermal resources identified in 7 the report; and 8 (b) geothermal production in the area is not, and will not 9 soon be, commercially viable, but is likely to become 10 viable within 5 years. 11 (2) The area declared must form a single contiguous parcel of 12 land. 13 (3) In deciding the application, regard must be had to-- 14 (a) whether the relevant geothermal permit's conditions 15 have been substantially complied with; and 16 (b) any other matter prescribed under a regulation. 17 (4) To remove any doubt, it is declared that the declaration may 18 be made even if the geothermal permit is being continued in 19 force under section 79 or 287. 20 (5) If the Minister decides to refuse the application, the Minister 21 must give the applicant an information notice about the 22 decision. 23 67 Inclusion of evaluation program in work program 24 (1) If the declaration is made, the evaluation program that 25 accompanied the application is taken to be an additional part 26 of the existing work program for the geothermal permit. 27 (2) If there is an inconsistency between the evaluation program 28 and the rest of the work program, the evaluation program 29 prevails to the extent of the inconsistency. 30 Page 71

 


 

Geothermal Energy Bill 2010 Chapter 2 Geothermal exploration permits Part 4 Potential geothermal commercial areas [s 68] 68 Term of declaration 1 (1) A declaration of a potential geothermal commercial area 2 continues in force for the period stated in the declaration. 3 (2) The period can not be more than 5 years. 4 (3) In deciding a shorter period, the Minister must consider-- 5 (a) when any discovery of geothermal resources was made; 6 and 7 (b) any geothermal viability report or independent viability 8 assessment for or that includes the proposed potential 9 geothermal commercial area. 10 (4) Despite subsection (1), the declaration ceases if the 11 geothermal permit holder gives the chief executive a notice 12 stating that the holder no longer wishes the area to be a 13 potential geothermal commercial area. 14 69 Potential geothermal commercial area still part of 15 geothermal permit 16 A declaration of a potential geothermal commercial area does 17 not change the land the subject of the declaration from 18 being-- 19 (a) part of the area of the geothermal permit the subject of 20 the application for the declaration; and 21 (b) subject to the geothermal permit. 22 70 Effect of ending of declaration of potential geothermal 23 commercial area 24 (1) This section applies if-- 25 (a) all or part of the area of a geothermal permit is a 26 potential geothermal commercial area; and 27 (b) the declaration of the potential geothermal commercial 28 area ends more than 5 years after the geothermal permit 29 originally took effect. 30 Page 72

 


 

Geothermal Energy Bill 2010 Chapter 2 Geothermal exploration permits Part 5 Provisions to facilitate transition to geothermal lease [s 71] (2) If the declaration applied to a part of the geothermal permit's 1 area, the part ceases to be included in the area. 2 (3) If the declaration applies to all of the geothermal permit's 3 area, the permit ends. 4 Part 5 Provisions to facilitate 5 transition to geothermal lease 6 71 Application of pt 5 7 This part applies if the Minister reasonably considers a 8 geothermal permit holder should apply for a geothermal lease 9 for all or part of the permit's area because the Minister 10 considers geothermal production in the area-- 11 (a) is currently of a large-scale; or 12 (b) is likely to become of a large-scale within 2 years. 13 72 Ministerial direction to apply for geothermal lease 14 (1) The Minister may give the geothermal permit holder a notice 15 stating the following-- 16 (a) that the Minister proposes to do either of the following, 17 (the proposed action) unless the holder has made an 18 appropriate lease application-- 19 (i) excise a stated area from the area of the geothermal 20 permit; 21 (ii) cancel the geothermal permit; 22 (b) the grounds for the proposed action; 23 (c) the facts and circumstances forming the basis for the 24 grounds; 25 Page 73

 


 

Geothermal Energy Bill 2010 Chapter 2 Geothermal exploration permits Part 5 Provisions to facilitate transition to geothermal lease [s 73] (d) that the holder may, within a stated period, make 1 submissions to the Minister about why the holder should 2 not make a geothermal lease application under chapter 3 3, part 2 for the stated area. 4 (2) The stated period must be reasonable but must not be more 5 than 6 months. 6 (3) In this section-- 7 appropriate lease application means a geothermal lease 8 application for-- 9 (a) the stated area or an area that is substantially the same as 10 the stated area; or 11 (b) another area the Minister reasonably considers will 12 effectively allow the holder to carry out authorised 13 activities for a geothermal lease in relation to the stated 14 area. 15 73 Taking proposed action 16 (1) Proposed action under section 72 may be taken only if-- 17 (a) the stated period under that section has ended; and 18 (b) either-- 19 (i) the holder has not made an appropriate lease 20 application under that section; or 21 (ii) any appropriate lease application under that section 22 made by the holder has been refused; and 23 (c) the Minister has considered any submissions made by 24 the holder within the period. 25 (2) If the Minister decides to take the proposed action, the 26 Minister must give the holder an information notice about the 27 decision. 28 (3) A decision to take the proposed action does not take effect 29 until the end of the appeal period for the decision. 30 Page 74

 


 

Geothermal Energy Bill 2010 Chapter 3 Geothermal production leases Part 1 Key authorised activities [s 74] Chapter 3 Geothermal production 1 leases 2 Notes-- 3 1 Under this chapter, a geothermal lease can only be obtained for 4 large-scale geothermal production. See section 77. 5 2 For the general requirement to have a geothermal tenure and the 6 exceptions to the requirement, see section 321. In particular, section 7 321 only requires the holding of a geothermal lease for large-scale 8 geothermal production. 9 3 Chapter 5 (Coordination with particular authorities under other 10 resource Acts) imposes requirements for and restrictions on the 11 granting of, and restrictions on authorised activities that may be 12 carried out under, particular geothermal tenures. See section 133. 13 Part 1 Key authorised activities 14 74 Operation of pt 1 15 This part provides for the key authorised activities for a 16 geothermal lease. 17 Notes-- 18 1 For other authorised activities, see chapter 6, part 5, division 2 19 (Access to private land outside area of geothermal tenure) and 20 chapter 8, part 1, division 2 (General provisions about authorised 21 activities). 22 2 For general restrictions on authorised activities, their relationship 23 with owner's and occupiers' rights and who may carry out 24 authorised activities for a geothermal tenure holder, see chapter 4 25 and chapter 8, part 1, division 2. 26 75 Principal authorised activities 27 The geothermal lease holder may carry out the following 28 activities in the lease's area-- 29 (a) geothermal exploration; 30 Page 75

 


 

Geothermal Energy Bill 2010 Chapter 3 Geothermal production leases Part 1 Key authorised activities [s 76] (b) evaluating the feasibility of geothermal production, 1 including, for example, by production testing; 2 (c) geothermal production. 3 76 Incidental activities 4 (1) The geothermal lease holder may carry out any other activity 5 (an incidental activity) in the lease's area if carrying out the 6 activity is reasonably necessary for or is incidental to 7 geothermal production. 8 Examples of incidental activities-- 9 · constructing or operating facilities, plant or works, including, for 10 example, communication systems, compressors, pipelines, 11 pumping stations, reservoirs, roads, evaporation or storage ponds 12 and tanks 13 · constructing or using temporary structures or structures of a 14 technical nature 15 (2) However, constructing or using a structure, other than a 16 temporary structure, for office or residential accommodation 17 is not an incidental activity. 18 (3) To remove any doubt, it is declared that the use of 19 infrastructure supporting the use of, or using, geothermal 20 energy is not, of itself, an incidental activity. 21 Example of infrastructure that uses geothermal energy-- 22 a power station 23 Page 76

 


 

Geothermal Energy Bill 2010 Chapter 3 Geothermal production leases Part 2 Transition from geothermal permit to geothermal lease [s 77] Part 2 Transition from geothermal permit 1 to geothermal lease 2 Division 1 Applying for geothermal lease 3 77 Who may apply 4 (1) A geothermal permit holder who continues to be an eligible 5 person may apply for a geothermal lease over all or part of the 6 permit's area. 7 Note-- 8 For restrictions on what land may be included in a geothermal tenure, 9 see sections 33, 35 and 183. 10 (2) However, the holder can only apply for a geothermal lease for 11 the land for large-scale geothermal production. 12 (3) Also, a person other than the holder may apply for the 13 geothermal lease-- 14 (a) jointly with the holder; or 15 (b) with the holder's consent. 16 (4) To remove any doubt, it is declared that a geothermal lease 17 can only be applied for or granted under this part. 18 78 Requirements for making application 19 The application must-- 20 (a) be made to the Minister in the approved form; and 21 (b) address the capability criteria; and 22 (c) include a proposed development plan complying with 23 the initial development plan requirements; and 24 (d) include a statement about the extent to which the 25 applicant has-- 26 Page 77

 


 

Geothermal Energy Bill 2010 Chapter 3 Geothermal production leases Part 2 Transition from geothermal permit to geothermal lease [s 79] (i) the financial and technical resources to carry out 1 authorised activities for the proposed geothermal 2 lease; and 3 (ii) the ability to manage geothermal production; and 4 (e) state the name and address for service of 1 person on 5 whom any notice to the applicant may be served; and 6 (f) be accompanied by the fee prescribed under a 7 regulation. 8 79 Continuing effect of geothermal permit for application 9 (1) This section applies if, other than for subsection (2), the 10 relevant geothermal permit would, other than by cancellation 11 under this Act, end before the application is decided. 12 (2) The geothermal permit continues in force for the area the 13 subject of the application until the earliest of the following-- 14 (a) the term of the geothermal lease starts; 15 (b) a refusal of the application takes effect; 16 (c) the application is withdrawn. 17 (3) Despite any ending of the program period for the current work 18 program for the geothermal permit-- 19 (a) the geothermal permit is taken to have a work program; 20 and 21 (b) the holder may carry out any authorised activity for the 22 geothermal permit. 23 Division 2 Deciding application 24 80 Deciding whether to grant geothermal lease 25 Subject to section 83, the Minister may grant the applicant a 26 geothermal lease only if satisfied the requirements mentioned 27 in section 81 have been complied with. 28 Page 78

 


 

Geothermal Energy Bill 2010 Chapter 3 Geothermal production leases Part 2 Transition from geothermal permit to geothermal lease [s 81] 81 Requirements for grant 1 For section 80, the requirements are the following-- 2 (a) the applicant continues to be an eligible person; 3 (b) the proposed area of the proposed geothermal lease-- 4 (i) is appropriate for the authorised activities proposed 5 to be carried out; and 6 (ii) contains adequately identified geothermal 7 resources that are adequate for the geothermal 8 lease's proposed purpose; 9 (c) the relevant geothermal permit's conditions have been 10 substantially complied with; 11 (d) the Minister has approved the applicant's proposed 12 initial development plan for the geothermal lease; 13 (e) the relevant environmental authority has been issued; 14 (f) any relevant Water Act authorisation has been issued; 15 (g) the applicant has established that geothermal production 16 in the geothermal lease's area will or is likely to happen 17 within 2 years after the lease is to take effect; 18 (h) the applicant has paid the annual rent for the first year of 19 the proposed geothermal lease; 20 (i) the applicant has, under section 203, given security for 21 the geothermal lease; 22 (j) the Minister is of the opinion that the applicant is 23 capable (the capability criteria) of carrying out 24 authorised activities for the geothermal lease having 25 regard to the applicant's-- 26 (i) financial and technical resources; and 27 (ii) ability to manage geothermal production. 28 Page 79

 


 

Geothermal Energy Bill 2010 Chapter 3 Geothermal production leases Part 2 Transition from geothermal permit to geothermal lease [s 82] 82 Provisions and granting of geothermal lease 1 (1) If the Minister decides to grant the applicant a geothermal 2 lease, the Minister must decide its provisions and grant the 3 applicant the lease. 4 (2) The lease must state its term and area. 5 (3) The term must end no later than 30 years after the lease takes 6 effect. 7 (4) The area must comply with chapter 6, part 1. 8 (5) The geothermal lease may also state-- 9 (a) conditions or other provisions of the lease, other than 10 conditions or provisions that are-- 11 (i) inconsistent with the mandatory conditions for 12 geothermal leases; or 13 (ii) the same as, or substantially the same as, or 14 inconsistent with, any relevant environmental 15 condition for the lease; and 16 (b) a day for the lease to take effect; and 17 (c) a day by which geothermal production under the lease is 18 to start (the production commencement day). 19 (6) However, the provisions of the lease may exclude or restrict 20 the carrying out of an authorised activity for the lease. 21 (7) The day the lease takes effect can not be before the day it is 22 granted. 23 (8) If no day of effect is stated, the lease takes effect on the day 24 after it is granted. 25 (9) In deciding the provisions of the lease, the Minister must 26 consider the development plan criteria and capability criteria. 27 (10) This section applies subject to section 83. 28 Page 80

 


 

Geothermal Energy Bill 2010 Chapter 3 Geothermal production leases Part 2 Transition from geothermal permit to geothermal lease [s 83] 83 Provisions about grant and conditions of geothermal 1 lease for significant project 2 (1) This section applies if a proposed geothermal lease is for a 3 significant project. 4 (2) The Minister must not grant the geothermal lease until the 5 Minister has been given the coordinator-general's report for 6 the project. 7 (3) Any coordinator-general's conditions for the geothermal lease 8 must be stated in the lease. 9 (4) Any other condition of the geothermal lease stated under 10 section 82 can not be inconsistent with the 11 coordinator-general's conditions. 12 (5) If a mandatory condition for geothermal leases conflicts with 13 any of the coordinator-general's conditions, the mandatory 14 condition prevails to the extent of the inconsistency. 15 (6) In this section-- 16 coordinator-general's conditions, for the proposed 17 geothermal lease, means the conditions for the lease stated in 18 the coordinator-general's report for the significant project. 19 coordinator-general's report means the coordinator-general's 20 report under the State Development and Public Works 21 Organisation Act 1971 for the EIS for the significant project. 22 84 Information notice about refusal 23 If the Minister decides to refuse to grant the applicant a 24 geothermal lease, the Minister must give the applicant an 25 information notice about the decision. 26 85 When refusal takes effect 27 (1) A decision to refuse to grant the applicant a geothermal lease 28 takes effect at the end of the appeal period for the decision. 29 Page 81

 


 

Geothermal Energy Bill 2010 Chapter 3 Geothermal production leases Part 3 Development plans [s 86] (2) Subsection (1) applies subject to section 332 and any decision 1 of the Land Court under section 334 relating to the decision to 2 refuse. 3 Part 3 Development plans 4 Division 1 Function and purpose 5 86 Function and purpose 6 (1) The development plan for a geothermal lease (the relevant 7 lease) gives detailed information about the nature and extent 8 of activities to be carried out under the relevant lease. 9 (2) The development plan may-- 10 (a) also be about another geothermal lease or proposed 11 geothermal lease if the other geothermal lease or 12 proposed geothermal lease relates to the relevant lease; 13 and 14 (b) provide that when the plan is approved it will replace 15 any development plan for the other lease. 16 (3) The purposes of giving the information are to-- 17 (a) allow resource management decisions to be made; and 18 (b) ensure appropriate development of the geothermal 19 lease's area. 20 Page 82

 


 

Geothermal Energy Bill 2010 Chapter 3 Geothermal production leases Part 3 Development plans [s 87] Division 2 Requirements for proposed initial 1 development plans 2 87 Operation of div 2 3 This division provides for requirements (the initial 4 development plan requirements) for a proposed initial 5 development plan for a proposed geothermal lease. 6 88 Plan period 7 The plan period for the proposed development plan must be 8 for the following period from when the proposed geothermal 9 lease is to take effect-- 10 (a) generally--5 years; 11 (b) if the applicant is seeking a term of less than 5 years for 12 the proposed geothermal lease--the duration of the 13 proposed term. 14 89 General requirements 15 (1) The proposed development plan must provide for the 16 following-- 17 (a) an overview of the activities proposed to be carried out 18 under the proposed geothermal lease during all of its 19 term (the proposed activities); 20 (b) a description of the proposed activities for each year of 21 the plan period; 22 (c) reasons why the plan is considered appropriate; 23 (d) the following-- 24 (i) after geothermal energy has been produced, the 25 purpose for which it will be used and by whom; 26 (ii) the characteristics of geothermal resources in the 27 geothermal lease's area; 28 Page 83

 


 

Geothermal Energy Bill 2010 Chapter 3 Geothermal production leases Part 3 Development plans [s 89] (iii) the extent to which further drilling and artificial 1 fracturing is proposed; 2 (iv) the scale and scope of geothermal production, 3 including information about the following-- 4 · the number of geothermal wells 5 · the time of commissioning of the geothermal 6 wells 7 · the expected life of geothermal resources 8 · whether geothermal production is to be 9 staged; 10 (v) the part of the area required for full and staged 11 production proposals; 12 (vi) how many more geothermal wells need to be 13 drilled; 14 (vii) when the area is expected to be free of drilling rigs; 15 (viii) the proposed level of investment, and whether the 16 proposed holder has finance or how the proposed 17 holder proposes to obtain finance; 18 (ix) the skills, experience and qualifications of staff 19 who comply with the proposed holder's 20 requirements for carrying out the proposed 21 activities; 22 (x) a risk management plan for the proposed activities 23 that deals with safety and seismicity issues; 24 (xi) a plan for decommissioning exploration wells and 25 any plant or facilities used for the proposed 26 activities, including the expected costs of the 27 decommissioning; 28 (e) any other matter prescribed under a regulation. 29 (2) The proposed plan may include any other information relevant 30 to the development plan criteria. 31 Page 84

 


 

Geothermal Energy Bill 2010 Chapter 3 Geothermal production leases Part 3 Development plans [s 90] (3) A regulation may impose requirements about the form of the 1 development plan. 2 (4) The proposed plan can not be inconsistent with the mandatory 3 conditions for geothermal leases. 4 (5) In this section-- 5 plan period start day means the day the plan period starts. 6 year, of the plan period, means-- 7 (a) the period starting on the plan period start day and 8 ending on the first anniversary of that day; and 9 (b) each subsequent period of 12 months or less during the 10 plan period, starting on an anniversary of the plan period 11 start day and ending on-- 12 (i) the next anniversary of that day; or 13 (ii) if the plan period ends before the next 14 anniversary--the day the plan period ends. 15 90 Water issues 16 (1) The proposed development plan must include an assessment 17 of-- 18 (a) water needed for the proposed activities; and 19 (b) the potential for obtaining any relevant Water Act 20 authorisation; and 21 (c) the potential structural and other impacts of the carrying 22 out of the proposed activities on aquifers. 23 (2) The proposed plan must include a plan for the treatment and 24 disposal of any water taken or that may be taken because of 25 the carrying out of the proposed activities. 26 (3) This section is subject to section 94(2). 27 Page 85

 


 

Geothermal Energy Bill 2010 Chapter 3 Geothermal production leases Part 3 Development plans [s 91] Division 3 Approval of proposed initial 1 development plans 2 Note-- 3 For the requirement for approval of an initial development plan, see 4 section 81 (Requirements for grant). 5 91 Criteria 6 (1) In deciding whether to approve a proposed development plan 7 the Minister must consider the following-- 8 (a) the potential of the area of the proposed geothermal 9 lease for geothermal production and related activities; 10 (b) the nature and extent of the proposed activities and 11 when and where they will be carried out; 12 (c) whether geothermal production under the geothermal 13 lease will be optimised in the best interests of the State; 14 (d) the nature and extent of water disposal and treatment 15 activities; 16 (e) any relevant environmental authority; 17 (f) any relevant Water Act authorisation; 18 (g) any potential structural and other impacts of the carrying 19 out of the proposed activities on aquifers. 20 (2) The matters mentioned in subsection (1) are the development 21 plan criteria. 22 92 Verification may be required 23 (1) The Minister may by notice require the applicant to give the 24 Minister, within a stated reasonable period, a document made 25 by an appropriately qualified independent person verifying all 26 or any of the following-- 27 (a) an assessment of data supplied in the proposed 28 development plan; 29 Page 86

 


 

Geothermal Energy Bill 2010 Chapter 3 Geothermal production leases Part 3 Development plans [s 93] (b) the source of the data; 1 (c) the work done for the proposed development plan; 2 (d) that, in the person's opinion, the applicant has-- 3 (i) the financial and technical resources to carry out 4 authorised activities for the proposed geothermal 5 lease; and 6 (ii) the ability to manage geothermal production. 7 (2) If the applicant does not comply with the requirement, the 8 Minister may refuse to approve the proposed plan. 9 (3) The applicant must bear any costs incurred in complying with 10 the requirement. 11 Division 4 Requirements for proposed later 12 development plans 13 93 Operation of div 4 14 This division provides for requirements (the later 15 development plan requirements) for a proposed later 16 development plan for a geothermal lease. 17 Note-- 18 For the requirements to give a proposed later development plan, see 19 sections 125, 186(7) and 314. 20 94 General requirements 21 (1) The proposed development plan must-- 22 (a) comply with the initial development plan requirements 23 as if a reference in the requirements to a proposed 24 holder were a reference to the geothermal lease holder; 25 and 26 (b) highlight any significant changes from the geothermal 27 lease's current development plan (the current plan); and 28 Page 87

 


 

Geothermal Energy Bill 2010 Chapter 3 Geothermal production leases Part 3 Development plans [s 95] (c) if the current plan has not been complied with--state the 1 details of and reasons for each noncompliance. 2 (2) The proposed plan can not be inconsistent with any relevant 3 environmental condition for the lease. 4 (3) If the effect of the proposed plan is to significantly change an 5 activity provided for under the current plan, the proposed plan 6 must also state the reasons for the change. 7 (4) Also, for a significant change that is a reduction of geothermal 8 production, the proposed plan must include an evaluation of 9 the following in the geothermal lease's area-- 10 (a) the potential for geothermal production; 11 (b) the market opportunities for geothermal energy 12 produced. 13 Division 5 Approval of proposed later 14 development plans 15 95 Application of div 5 16 This division applies if-- 17 (a) under this Act, the Minister is given a proposed later 18 development plan for a geothermal lease for approval; or 19 (b) the Minister is considering an application under section 20 139 for approval of a proposed geothermal coordination 21 arrangement. 22 96 Geothermal lease taken to have development plan until 23 decision on whether to approve proposed plan 24 (1) This section applies until-- 25 (a) if the approval is given--the geothermal lease holder is 26 given notice of the approval; or 27 (b) if the approval is refused--the refusal takes effect. 28 Page 88

 


 

Geothermal Energy Bill 2010 Chapter 3 Geothermal production leases Part 3 Development plans [s 97] (2) Despite the ending of the plan period for the geothermal 1 lease's current development plan-- 2 (a) the geothermal lease is taken to have a development 3 plan; and 4 (b) the holder may carry out any authorised activity for the 5 geothermal lease. 6 97 Deciding whether to approve proposed plan 7 (1) The Minister may approve or refuse to approve the proposed 8 development plan. 9 (2) In deciding whether to give the approval, the Minister must 10 consider the following-- 11 (a) the development plan criteria; 12 (b) the extent to which the current development plan for the 13 geothermal lease has been complied with; 14 (c) if the proposed plan provides for a significant change 15 that is a reduction of geothermal production-- 16 (i) whether the reduction is reasonable; and 17 (ii) whether the geothermal lease holder has taken all 18 reasonable steps to prevent the reduction; 19 (d) any amendments made to the geothermal lease or any of 20 the following for the lease, and the reasons for the 21 amendments-- 22 (i) the current development plan; 23 (ii) the relevant environmental authority; 24 (iii) any relevant Water Act authorisation. 25 (3) Section 92 applies for the proposed plan as if it were an were 26 an initial development plan and an application for approval of 27 the initial development plan had been made. 28 Page 89

 


 

Geothermal Energy Bill 2010 Chapter 3 Geothermal production leases Part 3 Development plans [s 98] 98 Steps after, and taking effect of, decision 1 (1) If the Minister decides to approve the proposed later 2 development plan, the Minister must give the geothermal 3 lease holder notice of the decision. 4 (2) The approval takes effect when the holder is given the notice 5 or, if the notice states a later day of effect, on the later day. 6 (3) If the Minister decides to refuse to approve the proposed plan, 7 the Minister must give the holder an information notice about 8 the decision. 9 (4) The refusal takes effect at the end of the appeal period for the 10 decision to refuse. 11 (5) Subsection (4) applies subject to section 332 and any decision 12 of the Land Court under section 334 relating to the decision to 13 refuse. 14 Division 6 Amending development plans 15 99 Restrictions on amendment 16 (1) A geothermal lease holder may amend the development plan 17 for the lease. 18 (2) However, the amendment is subject to approval under this 19 division. 20 (3) Also, a development plan can not be amended-- 21 (a) in a way that provides for a cessation of geothermal 22 production under a geothermal lease; or 23 (b) if the plan as amended would be inconsistent with-- 24 (i) the mandatory conditions for geothermal leases; or 25 (ii) any relevant environmental condition for the lease. 26 Page 90

 


 

Geothermal Energy Bill 2010 Chapter 3 Geothermal production leases Part 3 Development plans [s 100] 100 Applying for approval to amend 1 (1) A geothermal lease holder may apply for approval to amend 2 the development plan for the lease. 3 (2) The application must be-- 4 (a) made to the Minister in the approved form; and 5 (b) accompanied by the fee prescribed under a regulation. 6 101 Verification 7 Section 92 applies for the application as if-- 8 (a) the application were a geothermal lease application; and 9 (b) a reference in the section to a proposed development 10 plan were a reference to the amendment. 11 102 Deciding application 12 In deciding whether to approve the amendment, the Minister 13 must consider the following-- 14 (a) the development plan criteria; 15 (b) the extent to which the current development plan for the 16 geothermal lease has been complied with; 17 (c) if the proposed plan provides for a significant change 18 that is a reduction of geothermal production-- 19 (i) whether the reduction is reasonable; and 20 (ii) whether the geothermal lease holder has taken all 21 reasonable steps to prevent the reduction; 22 (d) any amendments made to the geothermal lease or any of 23 the following for the lease, and the reasons for the 24 amendments-- 25 (i) the current development plan; 26 (ii) the relevant environmental authority; 27 (iii) any relevant Water Act authorisation. 28 Page 91

 


 

Geothermal Energy Bill 2010 Chapter 3 Geothermal production leases Part 4 Royalty on geothermal production [s 103] 103 Steps after, and taking effect of, decision 1 (1) If the Minister decides to approve the amendment, the 2 Minister must give the geothermal lease holder notice of the 3 decision. 4 (2) The approval takes effect when the holder is given the notice 5 or, if the notice states a later day of effect, on the later day. 6 (3) If the Minister decides to refuse to approve the amendment, 7 the Minister must give the holder an information notice about 8 the decision. 9 (4) The refusal takes effect when the holder is given the notice or, 10 if the notice states a later day of effect, on the later day. 11 (5) Subsection (4) applies subject to section 332 and any decision 12 of the Land Court under section 334 relating to the decision to 13 refuse. 14 Part 4 Royalty on geothermal 15 production 16 104 Imposition of geothermal royalty on geothermal 17 producers 18 (1) A geothermal lease holder who produces geothermal energy, 19 or for whom geothermal energy is produced (a geothermal 20 producer) must pay the State geothermal royalty for the 21 geothermal energy. 22 (2) The obligation under subsection (1) is subject to any 23 regulation under section 105. 24 105 Regulation for geothermal royalty 25 A regulation may provide for any matter connected with 26 geothermal royalty, including, for example, the following-- 27 Page 92

 


 

Geothermal Energy Bill 2010 Chapter 3 Geothermal production leases Part 4 Royalty on geothermal production [s 106] (a) when the royalty must be paid; 1 (b) the rate of the royalty; 2 (c) the value of geothermal energy for the royalty; 3 (d) concessions or exemptions from the payment of the 4 royalty; 5 (e) royalty returns; 6 (f) the measurement of, or information about, geothermal 7 energy required for the purpose of a return; 8 (g) interest on unpaid royalty; 9 (h) the recovery of unpaid royalty and interest; 10 (i) monitoring the payment of the royalty, including, for 11 example, by auditors; 12 (j) disclosure by the Minister of personal confidential 13 information about the administration of provisions about 14 the royalty. 15 106 Obligation to lodge royalty returns 16 A geothermal producer must, in the way and at the times 17 prescribed under a regulation, give the chief executive returns 18 containing the information prescribed under a regulation 19 about the geothermal energy produced by or for the producer. 20 Maximum penalty--500 penalty units. 21 107 Confidentiality 22 (1) This section applies to a person who-- 23 (a) is or has been a public service officer or engaged to 24 perform functions under this Act; and 25 (b) in that capacity has acquired information or has or had 26 access to, or custody of, a document containing 27 information relating to the administration of this chapter 28 that is not publicly available. 29 Page 93

 


 

Geothermal Energy Bill 2010 Chapter 3 Geothermal production leases Part 4 Royalty on geothermal production [s 108] (2) This section also applies to a person to whom the Minister has 1 disclosed information mentioned in section 105(j), other than 2 the person to whom the information relates. 3 (3) The person must not-- 4 (a) make a record of the information; or 5 (b) whether directly or indirectly, disclose the information; 6 or 7 (c) use the information to benefit any person. 8 Maximum penalty--200 penalty units or 1 year's 9 imprisonment. 10 (4) However, subsection (3) does not apply if the record is made, 11 or the information is disclosed or used-- 12 (a) to the extent necessary to perform the person's functions 13 under or relating to this chapter; or 14 (b) with the consent of the person to whom the information 15 relates; or 16 (c) as required or permitted by law. 17 108 Refusal of disclosure of particular information 18 (1) A person engaged in the administration or enforcement of this 19 chapter can not be compelled to disclose to a court in a 20 proceeding, or to a party to the proceeding-- 21 (a) information disclosed under or relating to this chapter 22 (confidential information); or 23 (b) whether or not the person has received particular 24 confidential information; or 25 (c) the identity of the source of particular confidential 26 information. 27 (2) Subsection (1) does not apply for a proceeding for the 28 administration or enforcement of this chapter. 29 Page 94

 


 

Geothermal Energy Bill 2010 Chapter 4 General mandatory conditions for geothermal tenures Part 1 Geothermal permits [s 109] Chapter 4 General mandatory 1 conditions for geothermal 2 tenures 3 Notes-- 4 1 The following provisions also impose mandatory conditions on all 5 geothermal tenures-- 6 · chapter 2, part 1 7 · chapter 3, part 1 8 · chapters 5 and 6. 9 2 For what is a mandatory condition, see section 20(2). 10 Part 1 Geothermal permits 11 Division 1 Standard relinquishment condition 12 and related provisions 13 109 Standard relinquishment condition 14 (1) It is a condition (the relinquishment condition) of each 15 geothermal permit that its holder must relinquish part of its 16 area as provided for under this division-- 17 (a) at the end of or before the end of each period of 5 years 18 after the permit originally took effect; and 19 (b) if section 114(4) applies--on the day provided for under 20 that subsection. 21 (2) A relinquishment required under the relinquishment 22 condition-- 23 (a) must be made by notice to the chief executive (a 24 relinquishment notice); and 25 (b) takes effect on the day after the notice is given. 26 Page 95

 


 

Geothermal Energy Bill 2010 Chapter 4 General mandatory conditions for geothermal tenures Part 1 Geothermal permits [s 110] (3) This section does not prevent the holder from relinquishing by 1 relinquishment notice more than the part provided for under 2 this division. 3 110 Consequence of failure to comply with relinquishment 4 condition 5 (1) If a geothermal permit holder does not comply with the 6 relinquishment condition, the Minister must give the holder a 7 notice requiring the holder to comply with the condition 8 within 20 business days after the giving of the notice. 9 (2) If the holder does not comply with the requirement, the 10 geothermal permit is cancelled. 11 111 Part usually required to be relinquished 12 (1) The relinquishment must have the effect that an area that 13 equates to at least 33.33% of the original sub-blocks of the 14 geothermal permit is relinquished for each 5-year period that 15 has passed since it originally took effect. 16 (2) This section is subject to sections 114 and 115. 17 112 Relinquishment must be by blocks or sub-blocks 18 (1) A relinquishment under the relinquishment condition can only 19 be by blocks or sub-blocks. 20 (2) However, if a block or sub-block contains an area that, under 21 section 113, can not be counted as a relinquishment, 22 subsection (1) is complied with if all of the rest of the land 23 within the block or sub-block is relinquished. 24 113 Blocks or sub-blocks that can not be counted towards 25 relinquishment 26 (1) The following can not be counted as blocks or sub-blocks 27 relinquished for the relinquishment condition-- 28 Page 96

 


 

Geothermal Energy Bill 2010 Chapter 4 General mandatory conditions for geothermal tenures Part 1 Geothermal permits [s 114] (a) blocks or sub-blocks in an area that, under section 188, 1 have ceased to be included in the geothermal permit's 2 area; 3 (b) blocks or sub-blocks the subject of a geothermal lease 4 application or potential geothermal commercial area; 5 (c) blocks or sub-blocks relinquished under a penalty 6 relinquishment. 7 (2) To remove any doubt, it is declared that-- 8 (a) a potential geothermal commercial area can be 9 relinquished and can be counted as an area relinquished 10 for the relinquishment condition; but 11 (b) the mere fact of the declaration of the blocks or 12 sub-blocks as a potential geothermal commercial area 13 for the geothermal permit is not, of itself, a 14 relinquishment. 15 114 Adjustments for blocks or sub-blocks that can not be 16 counted 17 (1) This section applies if, after taking away all blocks or 18 sub-blocks that, under section 113, can not be counted for the 19 relinquishment condition, the balance of the blocks of the 20 geothermal permit's area is less than the blocks or sub-blocks 21 required to be relinquished under section 111. 22 (2) The relinquishment condition is taken to have been complied 23 with if the geothermal permit holder gives a relinquishment 24 notice for all of the balance. 25 (3) However, subsection (4) applies if-- 26 (a) a block or sub-block not counted for the relinquishment 27 condition was the subject of a geothermal lease 28 application or potential geothermal commercial area; 29 and 30 (b) the application is refused. 31 Page 97

 


 

Geothermal Energy Bill 2010 Chapter 4 General mandatory conditions for geothermal tenures Part 1 Geothermal permits [s 115] (4) The geothermal permit holder must, within 20 business days 1 after the appeal period for the decision to refuse, give a 2 relinquishment notice to the extent necessary to comply with 3 section 111. 4 115 Adjustment for particular potential geothermal 5 commercial areas 6 (1) This section applies if, apart from this section, the only way to 7 comply with the relinquishment condition would be to 8 relinquish all or part of a potential geothermal commercial 9 area for the geothermal permit. 10 (2) The relinquishment condition is taken to be complied with if 11 all remaining original sub-blocks of the permit's area, other 12 than any blocks that consist of the potential geothermal 13 commercial area, are relinquished. 14 Division 2 Conditions relating to work 15 programs 16 116 Requirement to have work program 17 A geothermal permit holder must have a work program for the 18 permit. 19 117 Compliance with activities in work program 20 A geothermal permit holder must carry out the geothermal 21 exploration activities proposed in the work program for the 22 permit. 23 118 Obligation to give proposed later work program 24 (1) This section imposes an obligation on a geothermal permit 25 holder to give the Minister a proposed later work program for 26 the permit. 27 Page 98

 


 

Geothermal Energy Bill 2010 Chapter 4 General mandatory conditions for geothermal tenures Part 1 Geothermal permits [s 118] Notes-- 1 1 For approval of the proposed later work program, see chapter 2, part 2 3, division 5. 3 2 If the holder wishes to renew the geothermal permit, a proposed 4 later work program must be included in the renewal application. 5 See section 286. 6 (2) The obligation is complied with only if the proposed later 7 work program-- 8 (a) complies with the later work program requirements; and 9 (b) is accompanied by the relevant fee. 10 (3) The Minister must be given a proposed later work program at 11 least 40 but no more than 100 business days before the end of 12 the program period for the current work program for the 13 geothermal permit (the current work program period). 14 (4) However, if before the end of the current work program period 15 a decision is made to refuse to approve a proposed later work 16 program given under subsection (3), the holder may within the 17 period give another proposed later work program. 18 (5) If the holder does not give the Minister any proposed later 19 work program before the end of the current work program 20 period, or if subsection (4) applies and the holder has not 21 given the Minister another proposed later work program 22 within the current work program period-- 23 (a) the Minister must give the holder a notice requiring the 24 holder to give the Minister a proposed later work 25 program for the geothermal permit within 40 business 26 days after the giving of the notice; and 27 (b) the holder must comply with the requirement. 28 (6) In this section-- 29 relevant fee, for the giving of the proposed program, means-- 30 (a) if the proposed program is given within the time 31 required under subsection (3)--the fee prescribed under 32 a regulation; or 33 Page 99

 


 

Geothermal Energy Bill 2010 Chapter 4 General mandatory conditions for geothermal tenures Part 1 Geothermal permits [s 119] (b) if the proposed program is given after the time required 1 under subsection (3) and-- 2 (i) if it is given under subsection (4)--nil; or 3 (ii) if it is not given under subsection (4)--an amount 4 that is 10 times the prescribed fee. 5 119 Consequence of failure to comply with notice to give 6 proposed later work program 7 (1) If a geothermal permit holder does not comply with a 8 requirement under section 118(5)(a), the permit is cancelled. 9 (2) However, the cancellation does not take effect until the 10 Minister gives the holder a notice stating that the geothermal 11 permit has been cancelled because of the operation of 12 subsection (1). 13 Division 3 Conditions relating to production 14 testing 15 120 Compliance with test plan for production testing 16 (1) A geothermal permit holder may carry out production testing 17 only in accordance with the following-- 18 (a) a test plan for that purpose approved by the Minister; 19 (b) all conditions of the approval. 20 (2) The holder may ask the Minister to approve a test plan 21 proposed by the holder. 22 (3) The proposed test plan must comply with any requirements 23 prescribed under a regulation. 24 (4) The Minister may impose conditions on the granting of the 25 approval. 26 (5) If the Minister makes a decision as follows, the Minister must 27 give the holder an information notice about the decision-- 28 Page 100

 


 

Geothermal Energy Bill 2010 Chapter 4 General mandatory conditions for geothermal tenures Part 2 Geothermal leases [s 121] (a) a decision to refuse to approve the proposed test plan; 1 (b) a decision to impose conditions on the granting of the 2 approval, other than a condition agreed to or requested 3 by the geothermal permit holder. 4 121 Requirement of geothermal tenure holder to report 5 outcome of production testing 6 (1) This section applies if a geothermal permit holder carries out 7 production testing. 8 (2) The holder must within 40 business days after the testing ends 9 give the chief executive a report stating the outcome of the 10 testing. 11 (3) The report must also state how much water was taken during 12 the testing. 13 Part 2 Geothermal leases 14 122 Obligation to commence geothermal production 15 A geothermal lease holder must start geothermal production 16 under the geothermal lease on or before the later of the 17 following-- 18 (a) the end of 2 years after the geothermal lease takes effect; 19 (b) any production commencement day for the geothermal 20 lease. 21 123 Requirement to have development plan 22 A geothermal lease holder must have a development plan for 23 the lease. 24 Page 101

 


 

Geothermal Energy Bill 2010 Chapter 4 General mandatory conditions for geothermal tenures Part 2 Geothermal leases [s 124] 124 Compliance with development plan 1 A geothermal lease holder must comply with the development 2 plan for the lease. 3 125 Obligation to give proposed later development plan 4 (1) This section imposes an obligation on a geothermal lease 5 holder to give the Minister a proposed later development plan 6 for the lease. 7 (2) The obligation is complied with only if the proposed later 8 development plan-- 9 (a) complies with the later development plan requirements; 10 and 11 (b) is accompanied by the relevant fee. 12 (3) The Minister must be given a proposed later development 13 plan-- 14 (a) at least 40 but no more than 100 business days before 15 the end of the plan period for the current development 16 plan for the lease (the current plan period); or 17 (b) as soon as practicable after the holder proposes or 18 becomes aware of a significant change to the nature and 19 extent of an authorised activity that is not already dealt 20 with under the geothermal lease's current development 21 plan. 22 (4) However, if before the end of the current plan period a 23 decision is made to refuse to approve a proposed later 24 development plan given under subsection (3), the holder may 25 within the period give the Minister another proposed later 26 development plan. 27 (5) If the holder does not give the Minister any proposed later 28 development plan before the end of the current plan period, or 29 if subsection (4) applies and the holder does not give the 30 Minister another proposed later development plan within the 31 current plan period-- 32 Page 102

 


 

Geothermal Energy Bill 2010 Chapter 4 General mandatory conditions for geothermal tenures Part 2 Geothermal leases [s 126] (a) the Minister must give the holder a notice requiring the 1 holder to give the Minister a proposed later development 2 plan for the geothermal lease within 40 business days 3 after the giving of the notice; and 4 (b) the holder must comply with the requirement. 5 (6) In this section-- 6 relevant fee, for the giving of the proposed plan, means-- 7 (a) if the proposed plan is given within the time required 8 under subsection (3)--the fee prescribed under a 9 regulation; or 10 (b) if the proposed plan is given after the time required 11 under subsection (3) and-- 12 (i) if it is given under subsection (4)--nil; or 13 (ii) if it is not given under subsection (4)--an amount 14 that is 10 times the prescribed fee. 15 126 Consequence of failure to comply with notice to give 16 proposed later development plan 17 (1) If a geothermal lease holder does not comply with a 18 requirement under section 125(5)(a), the lease is cancelled. 19 (2) However, the cancellation does not take effect until the 20 Minister gives the holder a notice stating that the geothermal 21 lease has been cancelled because of the operation of 22 subsection (1). 23 Page 103

 


 

Geothermal Energy Bill 2010 Chapter 4 General mandatory conditions for geothermal tenures Part 3 All geothermal tenures [s 127] Part 3 All geothermal tenures 1 127 Water Act authorisation required for taking or interfering 2 with water 3 A geothermal tenure holder can not take or interfere with 4 water as defined under the Water Act unless the taking or 5 interference is authorised under that Act. 6 128 Compliance with land access code 7 A geothermal tenure holder must-- 8 (a) comply with the mandatory provisions of the land 9 access code to the extent it applies to the holder; and 10 (b) ensure any other person carrying out an authorised 11 activity for the geothermal tenure complies with the 12 mandatory provisions of the land access code. 13 129 Annual rent 14 (1) A geothermal tenure holder must pay the State the annual rent 15 as prescribed under a regulation. 16 (2) The annual rent must be paid in the way, and on or before the 17 day, prescribed under a regulation. 18 130 Civil penalty for nonpayment of annual rent 19 (1) If a geothermal tenure holder does not pay the annual rent as 20 required under section 129, the holder must also pay the State 21 a civil penalty. 22 (2) The amount of the penalty is the greater of the following-- 23 (a) $1000; 24 (b) 15% of the rent. 25 (3) The penalty-- 26 Page 104

 


 

Geothermal Energy Bill 2010 Chapter 4 General mandatory conditions for geothermal tenures Part 3 All geothermal tenures [s 131] (a) must be paid on the day after the last day for payment of 1 the rent; and 2 (b) is still payable even if the holder later pays the rent. 3 Note-- 4 See also section 365 (Interest on amounts owing to the State). 5 131 Obligation to comply with Act and prescribed standards 6 (1) A geothermal tenure holder must-- 7 (a) comply with this Act; and 8 (b) in carrying out an authorised activity for the geothermal 9 tenure, comply with-- 10 (i) any standard that the geothermal tenure provides 11 for the activity; and 12 (ii) to the extent that the geothermal tenure does not 13 provide a standard for the activity--any standard 14 prescribed under a regulation for carrying out the 15 activity. 16 (2) In this section-- 17 standard includes an Australian Standard, an international 18 standard and a code or protocol. 19 132 Obligation to survey if Minister requires 20 (1) The Minister may, by notice to a geothermal tenure holder, 21 require the holder to survey or resurvey the tenure's area 22 within a stated reasonable period. 23 (2) The holder must cause the survey or resurvey to be carried out 24 by a person who is a cadastral surveyor under the Surveyors 25 Act 2003. 26 (3) The holder must bear any costs incurred in complying with 27 the notice. 28 Page 105

 


 

Geothermal Energy Bill 2010 Chapter 5 Coordination with particular authorities under other resource Acts Part 1 Preliminary [s 133] Chapter 5 Coordination with particular 1 authorities under other 2 resource Acts 3 Part 1 Preliminary 4 133 Relationship with chs 2, 3 and 6 5 (1) Requirements and restrictions under this chapter relating to 6 the granting of a geothermal tenure apply as well as any 7 relevant requirements under chapter 2, 3 or 6. 8 (2) If this chapter imposes a requirement for or a restriction on the 9 granting of a geothermal tenure, it can not be granted if the 10 restriction applies or if the requirement has not been complied 11 with. 12 (3) If a provision of this chapter conflicts with a provision of 13 chapter 2, 3 or 6, the provision of this chapter prevails to the 14 extent of the inconsistency. 15 (4) This chapter does not otherwise limit or affect the 16 requirements of chapter 2, 3 or 6. 17 (5) Subsection (6) applies if this chapter imposes a requirement 18 for or a restriction on the carrying out of an authorised activity 19 for a geothermal tenure. 20 (6) Despite chapters 2, 3 and 6, the activity is not an authorised 21 activity for the geothermal tenure while the restriction applies 22 or if the requirement has not been complied with. 23 134 What is an overlapping resource authority 24 (1) An overlapping resource authority, for a geothermal tenure, 25 is any authority of the following types, all or part of the area 26 of which is in the geothermal tenure's area-- 27 (a) an exploration authority (non-geothermal); 28 Page 106

 


 

Geothermal Energy Bill 2010 Chapter 5 Coordination with particular authorities under other resource Acts Part 1 Preliminary [s 135] (b) a GHG lease; 1 (c) a mining lease; 2 (d) a petroleum lease. 3 (2) An overlapping resource authority, for a proposed 4 geothermal tenure, is another authority of a type mentioned in 5 subsection (1), all or part of the area of which will, if the 6 proposed tenure is granted, be in the proposed tenure's area. 7 135 What is an exploration authority (non-geothermal) 8 An exploration authority (non-geothermal) is-- 9 (a) a GHG permit; or 10 (b) an authority to prospect under the 1923 Act or the P&G 11 Act; or 12 (c) any of the following under the Mineral Resources Act-- 13 (i) a mining claim; 14 (ii) an exploration permit; 15 (iii) a mineral development licence. 16 136 Relationship with other resource Acts and overlapping 17 resource authorities 18 Subject to the other provisions of this chapter and chapters 2, 19 3 and 6, another resource Act, or an authority, tenement or 20 tenure under a resource Act, does not limit or otherwise 21 affect-- 22 (a) the power under this Act to grant a geothermal tenure 23 over land in the area of an overlapping resource 24 authority for a proposed geothermal tenure; or 25 (b) the carrying out of authorised activities for a geothermal 26 tenure. 27 Page 107

 


 

Geothermal Energy Bill 2010 Chapter 5 Coordination with particular authorities under other resource Acts Part 2 Geothermal coordination arrangements for overlapping resource authorities [s 137] Part 2 Geothermal coordination 1 arrangements for overlapping 2 resource authorities 3 Division 1 Making of arrangements 4 137 Power to make arrangement 5 (1) A geothermal tenure holder may make an arrangement with 6 the holder of an overlapping resource authority for the tenure 7 about the carrying out of authorised activities for the tenure. 8 (2) An authority of a type mentioned in subsection (1) is a 9 relevant authority for a geothermal coordination 10 arrangement. 11 (3) A person who proposes to enter into a relevant authority may 12 enter into an arrangement mentioned in subsection (1). 13 (4) An arrangement of a type mentioned in subsection (1), that 14 under section 140 has taken effect and has not ceased to 15 operate according to its terms and has not been cancelled 16 under this part, is a geothermal coordination arrangement. 17 138 Other provisions about and effect of geothermal 18 coordination arrangement 19 (1) A geothermal coordination arrangement may-- 20 (a) be for any term; and 21 (b) have more than 2 relevant authorities; and 22 (c) be included in, or form part of, a coordination 23 arrangement under the P&G Act or a GHG coordination 24 arrangement under the GHG storage Act. 25 (2) A person, other than the holder or proposed holder of a 26 relevant authority, may also be a party to the arrangement. 27 Page 108

 


 

Geothermal Energy Bill 2010 Chapter 5 Coordination with particular authorities under other resource Acts Part 2 Geothermal coordination arrangements for overlapping resource authorities [s 139] (3) A proposed geothermal coordination arrangement has no 1 effect unless it is approved by the Minister under section 140. 2 139 Applying for ministerial approval of proposed geothermal 3 coordination arrangement 4 (1) The parties to a proposed geothermal coordination 5 arrangement may jointly apply for approval of the 6 arrangement. 7 (2) The application must be-- 8 (a) made to the Minister in the approved form; and 9 (b) accompanied by-- 10 (i) the original or a certified copy of the proposed 11 arrangement; and 12 (ii) the fee prescribed under a regulation. 13 (3) If the proposed arrangement is inconsistent with the work 14 program or development plan for the relevant geothermal 15 tenure, the application must be accompanied by the following 16 document so that the Minister may decide whether to approve 17 the document-- 18 (a) for a geothermal permit--a proposed later work 19 program complying with the later work program 20 requirements; 21 (b) for a geothermal lease--a proposed later development 22 plan complying with the later development plan 23 requirements. 24 140 Ministerial approval of proposed geothermal 25 coordination arrangement 26 (1) The Minister may approve the proposed arrangement only 27 if-- 28 (a) the Minister is satisfied-- 29 Page 109

 


 

Geothermal Energy Bill 2010 Chapter 5 Coordination with particular authorities under other resource Acts Part 2 Geothermal coordination arrangements for overlapping resource authorities [s 141] (i) the arrangement clearly identifies the safety 1 responsibilities of each party to the arrangement 2 for the land the subject of the arrangement; and 3 (ii) the spatial relationship between the relevant 4 authorities for the arrangement is appropriate; and 5 (b) the proposed later work program or development plan 6 accompanying the application has been approved; and 7 (c) the arrangement is consistent with the purposes of this 8 Act. 9 (2) In considering whether to give the approval the Minister may 10 have regard to any-- 11 (a) coordination arrangement or proposed coordination 12 arrangement under the P&G Act; or 13 (b) GHG coordination arrangement or proposed GHG 14 coordination arrangement under the GHG storage Act. 15 (3) If a relevant authority has not been granted, the approval does 16 not take effect until the authority takes effect. 17 141 Approval does not confer right to renew 18 (1) This section applies if the term of a geothermal coordination 19 arrangement is longer than the current term of any relevant 20 authority for the arrangement. 21 (2) To remove any doubt, it is declared that the approval of the 22 arrangement does not impose an obligation or create a right to 23 renew the relevant authority. 24 Division 2 Amendment and cancellation 25 142 Amendment or cancellation by parties to arrangement 26 (1) A geothermal coordination arrangement may be amended or 27 cancelled by the parties to the arrangement only with the 28 Minister's approval. 29 Page 110

 


 

Geothermal Energy Bill 2010 Chapter 5 Coordination with particular authorities under other resource Acts Part 2 Geothermal coordination arrangements for overlapping resource authorities [s 143] (2) A purported amendment or cancellation of a geothermal 1 coordination arrangement by the parties to it has no effect 2 unless it is approved under subsection (1). 3 143 Minister's power to cancel arrangement 4 (1) The Minister may, by complying with subsections (2) and (3), 5 cancel a geothermal coordination arrangement. 6 (2) If the Minister proposes to cancel the arrangement, the 7 Minister must give each party to the arrangement a notice 8 stating-- 9 (a) that the Minister proposes to cancel the arrangement; 10 and 11 (b) the reasons for the proposed cancellation; and 12 (c) that any party to the arrangement may make 13 submissions to the Minister about the proposed 14 cancellation or the likely impact of the cancellation on 15 the relevant authorities. 16 (3) Before cancelling the arrangement, the Minister must 17 consider-- 18 (a) any submissions made by any party to the arrangement 19 within the stated period; and 20 (b) the likely impact of the cancellation on the relevant 21 authorities; and 22 (c) the public interest. 23 (4) If the Minister decides to cancel the arrangement, the Minister 24 must give each party to the arrangement an information notice 25 about the decision. 26 (5) The cancellation takes effect at the end of the appeal period 27 for the decision to cancel or, if a later day of effect is stated in 28 the information notice, on the later day. 29 (6) When the decision takes effect, the arrangement and the 30 Minister's approval of it cease to have effect. 31 Page 111

 


 

Geothermal Energy Bill 2010 Chapter 5 Coordination with particular authorities under other resource Acts Part 3 Obtaining geothermal lease if overlapping resource authority [s 144] 144 Cancellation does not affect relevant authorities 1 The cancellation of a former geothermal coordination 2 arrangement does not affect any relevant authority. 3 Part 3 Obtaining geothermal lease if 4 overlapping resource authority 5 Division 1 Preliminary 6 145 Application of pt 3 7 This part applies if-- 8 (a) a person (the applicant) wishes to make a geothermal 9 lease application; and 10 (b) there is an overlapping resource authority for the 11 proposed geothermal lease. 12 Division 2 Requirements for application 13 146 Requirements for making application 14 (1) The geothermal lease application must include-- 15 (a) a statement complying with section 147 (a geothermal 16 statement); and 17 (b) other information addressing the matters mentioned in 18 subsection (2) (the geothermal assessment criteria). 19 (2) The geothermal assessment criteria are-- 20 (a) compliance with the P&G Act safety provisions to the 21 extent they are relevant; and 22 Page 112

 


 

Geothermal Energy Bill 2010 Chapter 5 Coordination with particular authorities under other resource Acts Part 3 Obtaining geothermal lease if overlapping resource authority [s 147] Note-- 1 The definition of operating plant under the P&G Act, section 2 670 does not include wet geothermal production. 3 (b) the additional requirements under part 7 for proposed 4 initial development plans; and 5 (c) the potential for the parties to make a geothermal 6 coordination arrangement for the proposed geothermal 7 lease; and 8 (d) the economic and technical viability of the concurrent or 9 coordinated carrying out of authorised activities for the 10 proposed geothermal lease and the overlapping resource 11 authority; and 12 (e) the public interest. 13 147 Content requirements for geothermal statement 14 The geothermal statement must-- 15 (a) assess-- 16 (i) the likely effect of proposed authorised activities 17 for the proposed geothermal lease on the future use 18 of resources under the overlapping resource 19 authority; and 20 (ii) the technical and commercial feasibility of 21 coordinating the proposed activities and the future 22 use of the resources; and 23 (b) include proposals for the minimisation of potential 24 adverse effects on possible future safe and efficient use 25 of the resources under the overlapping resource 26 authority. 27 Page 113

 


 

Geothermal Energy Bill 2010 Chapter 5 Coordination with particular authorities under other resource Acts Part 3 Obtaining geothermal lease if overlapping resource authority [s 148] Division 3 Consultation provisions 1 148 Applicant's information obligation 2 (1) The applicant must, within 10 business days after making the 3 geothermal lease application, give the overlapping resource 4 authority holder a copy of the application, other than any part 5 of the application relating to the capability criteria. 6 (2) If the Minister is reasonably satisfied the applicant has not 7 complied with subsection (1), the Minister may refuse the 8 application. 9 149 Submissions by overlapping resource authority holder 10 (1) The overlapping resource authority holder may make 11 submissions to the Minister about the geothermal lease 12 application (holder submissions). 13 (2) However, holder submissions may be made only within 4 14 months after the holder is given a copy of the application. 15 (3) Holder submissions may do all or any of the following-- 16 (a) state that the holder does not object to the granting of 17 the proposed geothermal lease; 18 (b) if the overlapping resource authority is an exploration 19 authority (non-geothermal)--state that the holder does 20 not wish any priority for the carrying out of authorised 21 activities for any future lease that may arise from the 22 overlapping resource authority (overlapping authority 23 priority); 24 (c) include information about authorised activities carried 25 out under the overlapping resource authority; 26 (d) include a proposal by the overlapping resource authority 27 holder for the use of the resource; 28 (e) include information relevant to the geothermal 29 assessment criteria; 30 Page 114

 


 

Geothermal Energy Bill 2010 Chapter 5 Coordination with particular authorities under other resource Acts Part 3 Obtaining geothermal lease if overlapping resource authority [s 150] (f) propose reasonable provisions for the safety 1 management plan for the proposed geothermal lease. 2 (4) The holder must give the applicant a copy of the holder 3 submissions. 4 Division 4 Resource management decision if 5 overlapping exploration authority 6 (non-geothermal) 7 150 Application of div 4 8 (1) This division applies if-- 9 (a) the overlapping resource authority is an exploration 10 authority (non-geothermal); and 11 (b) the overlapping resource authority holder has made 12 holder submissions within 4 months after the holder was 13 given a copy of the application; and 14 (c) the submissions state that the holder wishes overlapping 15 authority priority. 16 (2) However, this division does not apply if, under another 17 resource Act, overlapping authority priority has been given for 18 any of the relevant land. 19 Note-- 20 If this division does not apply, the geothermal lease application proceeds 21 immediately to decision under chapter 3 as affected by division 7. 22 151 Resource management decision 23 The Minister must make a decision (the resource 24 management decision) about whether-- 25 (a) to grant the geothermal lease application; or 26 (b) to give any overlapping authority priority for all or part 27 of the relevant land; or 28 Page 115

 


 

Geothermal Energy Bill 2010 Chapter 5 Coordination with particular authorities under other resource Acts Part 3 Obtaining geothermal lease if overlapping resource authority [s 152] (c) not to grant the geothermal lease application and not to 1 give any overlapping authority priority for any of the 2 relevant land. 3 152 Criteria for decision 4 In making the resource management decision the Minister 5 must have regard to the following-- 6 (a) the geothermal statement; 7 (b) the geothermal assessment criteria; 8 (c) the holder submissions; 9 (d) the public interest. 10 153 Restrictions on giving overlapping authority priority 11 Overlapping authority priority may be given only if the 12 Minister considers that-- 13 (a) either-- 14 (i) it is unlikely the applicant and the overlapping 15 resource authority holder will enter into a 16 geothermal coordination arrangement; or 17 (ii) a geothermal coordination arrangement for the 18 proposed geothermal lease is not commercially or 19 technically feasible; and 20 (b) the public interest would be best served by not granting 21 a geothermal lease to the applicant first. 22 Page 116

 


 

Geothermal Energy Bill 2010 Chapter 5 Coordination with particular authorities under other resource Acts Part 3 Obtaining geothermal lease if overlapping resource authority [s 154] Division 5 Process if resource management 1 decision is to give overlapping 2 authority priority 3 154 Application of div 5 4 This division applies only if-- 5 (a) under division 4, a resource management decision is 6 required for the geothermal lease application; and 7 (b) the decision is to give overlapping authority priority for 8 all or part of the relevant land. 9 155 Notice to applicant and overlapping resource authority 10 holder 11 (1) The chief executive must give the applicant and the 12 overlapping resource authority holder notice of the resource 13 management decision. 14 (2) The notice must invite the overlapping resource authority 15 holder to apply, within 6 months after the giving of the notice 16 (the overlapping authority application period), for a lease 17 under the Act under which the overlapping resource authority 18 was granted (a relevant lease)-- 19 (a) if the overlapping authority priority is for all of the 20 land--for all of the land; or 21 (b) if the priority is for part of the land--for that part. 22 156 Relevant lease application for all of the land 23 (1) This section applies if-- 24 (a) the overlapping authority priority is for all of the land; 25 and 26 (b) within the overlapping authority application period the 27 overlapping resource authority holder applies for a 28 relevant lease for all of the land. 29 Page 117

 


 

Geothermal Energy Bill 2010 Chapter 5 Coordination with particular authorities under other resource Acts Part 3 Obtaining geothermal lease if overlapping resource authority [s 157] (2) A further step can not be taken to decide the geothermal lease 1 application until after the relevant lease application has been 2 decided. 3 Note-- 4 Acts under which the overlapping resource authority was granted 5 provide for refusal of the relevant lease application if it is not pursued in 6 a timely manner. 7 (3) If the decision on the relevant lease application is to grant a 8 relevant lease for all of the land, the geothermal lease 9 application is taken to have lapsed. 10 157 Relevant lease application for part of the land 11 (1) This section applies if the overlapping resource authority 12 holder applies for a relevant lease for part of the land within 13 the overlapping authority application period. 14 (2) The person who made the geothermal lease application may 15 amend it so that a geothermal lease is only sought for all or 16 part of the rest of the land. 17 (3) Unless the amendment is made, a further step can not be taken 18 to decide the geothermal lease application until after the 19 relevant lease application has been decided. 20 (4) If-- 21 (a) the amendment has not been made; and 22 (b) the decision on the relevant lease application is to grant 23 a relevant lease for part of the land; 24 the person who made the geothermal lease application may 25 amend it so that a geothermal lease is sought only for all or 26 part of the rest of the land. 27 Note-- 28 If the geothermal lease application is not amended, see section 161. 29 Page 118

 


 

Geothermal Energy Bill 2010 Chapter 5 Coordination with particular authorities under other resource Acts Part 3 Obtaining geothermal lease if overlapping resource authority [s 158] 158 No relevant lease application 1 If the overlapping resource authority holder does not apply for 2 a relevant lease for any of the land within the overlapping 3 authority application period, the geothermal lease application 4 may be decided. 5 Division 6 Resource management decision not 6 to grant and not to give priority 7 159 Lapsing of application 8 The geothermal lease application is taken to have lapsed if-- 9 (a) under division 4, a resource management decision is 10 required; and 11 (b) the decision was not to grant the geothermal lease 12 application and not to give any overlapping authority 13 priority for any of the relevant land. 14 Division 7 Deciding application 15 160 Application of div 7 16 This division applies if-- 17 (a) the overlapping resource authority holder has not made 18 holder submissions within 4 months after the holder was 19 given a copy of the application (the submission period) 20 or at all; or 21 (b) the overlapping resource authority holder has made 22 holder submissions within the submission period stating 23 that the holder does not wish any overlapping authority 24 priority; or 25 Page 119

 


 

Geothermal Energy Bill 2010 Chapter 5 Coordination with particular authorities under other resource Acts Part 3 Obtaining geothermal lease if overlapping resource authority [s 161] (c) under division 4, a resource management decision is 1 required and-- 2 (i) the resource management decision is not to give 3 overlapping authority priority for any of the 4 relevant land; or 5 (ii) the resource management decision is to give 6 overlapping authority priority for all or part of the 7 relevant land and, after division 5 has been 8 complied with, the Minister decides to grant a 9 geothermal lease for the land. 10 161 Application may be refused if no reasonable prospects of 11 geothermal coordination arrangement 12 The Minister may decide to refuse the application if-- 13 (a) the Minister is satisfied the applicant and the 14 overlapping authority holder have made reasonable 15 attempts to reach a proposed geothermal coordination 16 arrangement (a relevant arrangement) for the proposed 17 geothermal lease; and 18 (b) either-- 19 (i) the overlapping resource authority holder has given 20 the Minister a notice stating there are no 21 reasonable prospects of a relevant arrangement 22 being made; or 23 (ii) the Minister has not been given a relevant 24 arrangement for approval and the Minister 25 considers the applicant and the overlapping 26 resource authority holder have had a reasonable 27 opportunity to make a relevant arrangement. 28 162 Additional criteria for deciding provisions of geothermal 29 lease 30 In deciding the provisions of the geothermal lease, the 31 Minister must consider the following-- 32 Page 120

 


 

Geothermal Energy Bill 2010 Chapter 5 Coordination with particular authorities under other resource Acts Part 3 Obtaining geothermal lease if overlapping resource authority [s 163] (a) the geothermal statement; 1 (b) the geothermal assessment criteria; 2 (c) any holder submissions; 3 (d) the effect of the geothermal lease on safe and efficient 4 use of resources under any overlapping resource 5 authority for the geothermal lease if the overlapping 6 resource authority is a lease; 7 (e) the effect on safe and efficient use of resources under 8 any future lease that may arise from the overlapping 9 resource authority. 10 163 Publication of outcome of application 11 (1) After the Minister decides whether or not to grant the 12 geothermal lease, the chief executive must publish a notice 13 about the outcome of the geothermal lease application in or on 14 at least 1 of the following-- 15 (a) the gazette; 16 (b) the department's website; 17 (c) another publication the chief executive considers 18 appropriate. 19 (2) The notice must state-- 20 (a) the decision; and 21 (b) if the decision was to grant the geothermal lease--all of 22 the geothermal lease's conditions other than the 23 mandatory conditions; and 24 (c) if, under division 4, a resource management decision 25 was required and the decision is to give overlapping 26 authority priority for all or part of the land--the 27 decision and the reasons for it. 28 (3) However, if the chief executive considers information in a 29 condition is commercial-in-confidence, the chief executive 30 Page 121

 


 

Geothermal Energy Bill 2010 Chapter 5 Coordination with particular authorities under other resource Acts Part 4 Priority to particular higher tenure applications under other resource Acts [s 164] may, instead of publishing the condition, publish a statement 1 about its intent. 2 Part 4 Priority to particular higher 3 tenure applications under other 4 resource Acts 5 164 Earlier GHG, mining or petroleum lease application 6 If-- 7 (a) a geothermal lease application is made; and 8 (b) before the making of that application, an application 9 (the other application) was made for a GHG lease, 10 mining lease or petroleum lease (the other proposed 11 lease); and 12 (c) the other application had not been decided before the 13 making of the geothermal lease application; and 14 (d) the other proposed lease would, if granted, be an 15 overlapping resource authority for the proposed 16 geothermal lease; 17 the geothermal lease application must not be decided until the 18 other application has been decided. 19 165 Proposed GHG, mining or petroleum lease for which EIS 20 approval given 21 (1) This section applies for a geothermal lease application if-- 22 (a) before the making of the application, an approval under 23 the Environmental Protection Act, chapter 3, part 2 was 24 granted for the voluntary preparation of an EIS; and 25 Page 122

 


 

Geothermal Energy Bill 2010 Chapter 5 Coordination with particular authorities under other resource Acts Part 4 Priority to particular higher tenure applications under other resource Acts [s 166] (b) the EIS is for a project that is or includes a proposed 1 GHG lease, mining lease or petroleum lease (the other 2 proposed lease) for land the subject of the application. 3 (2) The application must not be decided until-- 4 (a) if no application is made for the other proposed lease 5 within 2 years after the granting of the approval--the 6 end of the 2 years; or 7 (b) if an application is made for the other proposed lease 8 within the 2 years--that application is decided. 9 166 Proposed GHG, mining or petroleum lease declared a 10 significant project 11 (1) This section applies for a geothermal lease application if-- 12 (a) before the making of the application, a significant 13 project was declared; and 14 (b) the project is or includes a proposed GHG lease, mining 15 lease or petroleum lease (the other proposed lease) for 16 land the subject of the application. 17 (2) The application must not be decided until-- 18 (a) if no application is made for the other proposed lease 19 within 1 year after the making of the declaration--the 20 end of that year; or 21 (b) if an application is made for the other proposed lease 22 within that year--that application is decided. 23 Page 123

 


 

Geothermal Energy Bill 2010 Chapter 5 Coordination with particular authorities under other resource Acts Part 5 Geothermal lease applications in response to invitation under another resource Act [s 167] Part 5 Geothermal lease applications 1 in response to invitation under 2 another resource Act 3 167 Application of pt 5 4 This part applies if-- 5 (a) a geothermal lease application is made in response to an 6 invitation given because of a resource management 7 decision under another resource Act; and 8 (b) the application is made within 6 months after the giving 9 of the invitation. 10 168 Additional ground for refusing application 11 (1) The Minister may decide to refuse the geothermal lease 12 application if satisfied the applicant has not in a timely 13 manner-- 14 (a) taken any step for the application required of the 15 applicant under chapter 3 or this chapter; or 16 (b) satisfied the Minister about a matter that, under chapter 17 3 or this chapter, is required for the granting of the 18 application. 19 (2) Subsection (1) does not limit section 358. 20 Editor's note-- 21 section 358 (Request to applicant about application) 22 Page 124

 


 

Geothermal Energy Bill 2010 Chapter 5 Coordination with particular authorities under other resource Acts Part 6 Additional provisions for geothermal tenures [s 169] Part 6 Additional provisions for 1 geothermal tenures 2 Division 1 Restrictions on authorised activities 3 other than for geothermal leases 4 169 Overlapping GHG, mining or petroleum lease 5 (1) This section applies if land is in the area of both of the 6 following-- 7 (a) a geothermal permit; 8 (b) a GHG lease, mining lease or petroleum lease (a 9 relevant lease). 10 (2) However, this section does not apply if the same person holds 11 the geothermal permit and the relevant lease. 12 (3) An authorised activity for the geothermal permit may be 13 carried out on the land only if-- 14 (a) the relevant lease holder has not, in the way required 15 under subsection (4), objected to-- 16 (i) the carrying out of the activity; or 17 (ii) if the P&G Act safety provisions require a safety 18 management plan for the geothermal permit 19 holder--the safety management plan; or 20 (b) if an objection under paragraph (a) has been made--the 21 Minister has, under section 171, decided the authorised 22 activity may be carried out. 23 Note-- 24 For notice of authorised activities, see section 173. 25 (4) The objection must be in the approved form and given to the 26 Minister and the geothermal tenure holder. 27 Page 125

 


 

Geothermal Energy Bill 2010 Chapter 5 Coordination with particular authorities under other resource Acts Part 6 Additional provisions for geothermal tenures [s 170] Note-- 1 See also the Mineral Resources Act, section 403 (Offences regarding 2 land subject to mining claim or mining lease). 3 170 Overlapping exploration authority (non-geothermal) 4 (1) This section applies if land is in the area of a geothermal 5 permit and an exploration authority (non-geothermal). 6 (2) An authorised activity for the geothermal permit can not be 7 carried out on the land if-- 8 (a) carrying out the activity adversely affects the carrying 9 out of an authorised activity for the exploration 10 authority (non-geothermal); and 11 (b) the authorised activity for the exploration authority 12 (non-geothermal) has already started. 13 171 Resolving disputes 14 (1) This section applies if, under section 169, a relevant lease 15 holder has objected to the carrying out of a geothermal 16 activity by a geothermal permit holder. 17 (2) This section also applies if there is a dispute between a 18 geothermal permit holder and an exploration authority 19 (non-geothermal) holder about whether an authorised activity 20 for the geothermal tenure can be carried out under section 21 170. 22 (3) Either of the parties may by a notice in the approved form ask 23 the Minister to decide-- 24 (a) for section 169--whether the authorised activity may be 25 carried out under that section; or 26 (b) for section 170--whether the authorised activity may be 27 carried out under that section. 28 (4) Before making the decision the Minister must give the parties 29 a reasonable opportunity to make submissions about the 30 request within a reasonable period. 31 Page 126

 


 

Geothermal Energy Bill 2010 Chapter 5 Coordination with particular authorities under other resource Acts Part 6 Additional provisions for geothermal tenures [s 172] (5) The Minister must, after complying with subsection (2) and 1 considering any submissions made under that subsection, 2 decide the matter and give the parties notice of the decision. 3 (6) The Minister's decision binds the parties. 4 (7) If the request is about a matter mentioned in subsection (1), 5 the Minister may impose conditions on any decision that the 6 authorised activity may be carried out. 7 (8) In this section-- 8 parties means-- 9 (a) for a request about a matter mentioned in subsection 10 (1)--the geothermal permit holder and the relevant lease 11 holder; or 12 (b) for a request about a matter mentioned in subsection 13 (2)--the geothermal permit holder and the exploration 14 authority (non-geothermal) holder. 15 Division 2 Additional conditions 16 172 Notice of grant by particular geothermal permit holders 17 (1) This section applies if land in a geothermal permit's area is in 18 the area of, or in a proposed area under an application for, any 19 of the following other authorities-- 20 (a) an exploration authority (non-geothermal); 21 (b) a GHG data acquisition authority under the GHG 22 storage Act; 23 (c) a data acquisition authority under the P&G Act; 24 (d) a water monitoring authority under the P&G Act. 25 (2) It is a condition of the permit that its holder must, within 20 26 business days after the holder receives notice of the grant of 27 the permit, give the holder of or applicant for the other 28 authority a notice stating-- 29 Page 127

 


 

Geothermal Energy Bill 2010 Chapter 5 Coordination with particular authorities under other resource Acts Part 6 Additional provisions for geothermal tenures [s 173] (a) the permit has been granted; and 1 (b) the permit holder's name and address; and 2 (c) the permit's term. 3 173 Condition to notify particular other authority holders of 4 proposed start of particular authorised activities 5 (1) This section applies to a geothermal tenure holder if-- 6 (a) there is any of the following (the other authority) for the 7 geothermal tenure-- 8 (i) an overlapping resource authority; 9 (ii) a GHG authority, a mining lease or a petroleum 10 tenure sharing a common boundary with the 11 geothermal tenure; or 12 (b) land in the geothermal tenure's area is in the area of any 13 of the following (also the other authority)-- 14 (i) a GHG data acquisition authority under the GHG 15 storage Act; 16 (ii) a data acquisition authority under the P&G Act. 17 (2) Before the geothermal tenure holder first starts a designated 18 activity in the other authority's area, the geothermal tenure 19 holder must give the other authority holder at least 30 business 20 days notice of the activity. 21 (3) A notice under subsection (2) must state-- 22 (a) when the designated activity is to start; and 23 (b) where the designated activity is to be carried out; and 24 (c) the nature of the activity. 25 (4) Before changing the land on which the designated activity is 26 being carried out, the geothermal tenure holder must give the 27 other authority holder at least 30 business days notice stating 28 where the activity is to be carried out. 29 Page 128

 


 

Geothermal Energy Bill 2010 Chapter 5 Coordination with particular authorities under other resource Acts Part 6 Additional provisions for geothermal tenures [s 174] (5) Compliance with this section is a condition of the geothermal 1 tenure. 2 (6) In this section-- 3 designated activity means any authorised activity for the 4 geothermal tenure other than-- 5 (a) an incidental activity under section 32 or 76; or 6 (b) an activity only involving selecting places where other 7 authorised activities for the geothermal tenure may be 8 carried out. 9 174 Continuance of geothermal coordination arrangement 10 after transfer 11 (1) This section applies if-- 12 (a) there is an overlapping resource authority for a 13 geothermal lease; and 14 (b) a geothermal coordination arrangement applies to the 15 geothermal lease; and 16 (c) the geothermal lease is transferred. 17 (2) It is a condition of the geothermal lease that its holder must 18 continue to be a party to a geothermal coordination 19 arrangement for the lease while the overlapping resource 20 authority continues in force. 21 Division 3 Restriction on Minister's power to 22 amend geothermal lease if 23 overlapping resource authority 24 175 Interests of overlapping resource authority holder to be 25 considered 26 If there is an overlapping resource authority for a geothermal 27 lease, it may be amended under section 347 only if the 28 Page 129

 


 

Geothermal Energy Bill 2010 Chapter 5 Coordination with particular authorities under other resource Acts Part 7 Additional provisions for development plans if overlapping resource authority [s 176] interests of the overlapping resource authority holder have 1 been considered. 2 Part 7 Additional provisions for 3 development plans if 4 overlapping resource authority 5 176 Operation of pt 7 6 This part imposes additional requirements for the following 7 for a geothermal lease or proposed geothermal lease for which 8 there is an overlapping resource authority-- 9 (a) a proposed initial development plan; 10 (b) a proposed later development plan; 11 (c) an amendment the subject of a development plan 12 amendment application. 13 177 Statement about interests of overlapping resource 14 authority holder 15 The proposed development plan or amendment must include a 16 statement of how the effects on and the interests of any 17 overlapping resource authority holder have or have not been 18 considered, having regard to the geothermal assessment 19 criteria. 20 178 Consistency with overlapping resource authority's 21 development plan and with any relevant coordination 22 arrangement 23 (1) To the extent the area of the geothermal lease and the 24 overlapping resource authority coincide or will coincide, the 25 proposed development plan or amendment must be consistent 26 with any geothermal coordination arrangement for that area. 27 Page 130

 


 

Geothermal Energy Bill 2010 Chapter 5 Coordination with particular authorities under other resource Acts Part 8 Additional provisions for safety management plans [s 179] (2) Subsection (3) applies if the overlapping resource authority is 1 a mining lease or petroleum lease (the relevant lease). 2 (3) The proposed plan or amendment must, to the extent the area 3 of the geothermal lease and the relevant lease coincide or will 4 coincide, be consistent with the development plan for the 5 overlapping resource authority. 6 179 Additional criteria for approval 7 In deciding whether to approve the proposed development 8 plan or amendment, the Minister must consider the 9 geothermal assessment criteria. 10 Part 8 Additional provisions for safety 11 management plans 12 180 Grant of geothermal lease does not affect obligation to 13 make plan 14 (1) This section applies if a geothermal statement accompanies a 15 geothermal lease application as required under this chapter. 16 (2) The deciding of the application or the grant of the geothermal 17 lease-- 18 (a) does not affect the obligation under the P&G Act safety 19 provisions to make a safety management plan for any 20 operating plant in the geothermal lease's area; and 21 (b) is not of itself evidence that a safety management plan, 22 or purported safety management plan, for an operating 23 plant in the geothermal lease's area complies with those 24 provisions. 25 Page 131

 


 

Geothermal Energy Bill 2010 Chapter 5 Coordination with particular authorities under other resource Acts Part 8 Additional provisions for safety management plans [s 181] 181 Requirements for consultation with particular 1 overlapping resource authority holders 2 (1) This section applies if-- 3 (a) a person (an operator) proposes to be an operator of 4 operating plant under the P&G Act in a geothermal 5 tenure's area; and 6 (b) the operating plant is used, or is proposed to be used, for 7 geothermal activities (relevant operating plant); and 8 (c) activities (relevant activities) carried out, or proposed to 9 be carried out, at the plant may adversely affect the safe 10 and efficient use of resources under an overlapping 11 resource authority for the geothermal tenure. 12 (2) Before any operator may operate relevant operating plant, 13 each operator must have made reasonable attempts to consult 14 with the overlapping resource authority holder about relevant 15 activities for the plant. 16 (3) If there is more than 1 operator, the geothermal tenure holder 17 may coordinate the consultation between the operators and the 18 overlapping resource authority holder. 19 (4) For subsection (2), an operator is taken to have made 20 reasonable attempts to consult if-- 21 (a) the operator gives the overlapping resource authority 22 holder a copy of the parts of the operator's proposed 23 safety management plan concerning any relevant 24 operating plant the operator proposes to operate for the 25 relevant activities; and 26 (b) the overlapping resource authority holder has not, 27 within 30 days after the giving of the copy, made any 28 proposal to the operator about provisions for the plan. 29 (5) An operator must, before making or remaking a safety 30 management plan for any relevant operating plant the operator 31 operates or proposes to operate, have regard to any reasonable 32 provisions for the plan proposed by the overlapping resource 33 authority holder concerning relevant activities for the plant. 34 Page 132

 


 

Geothermal Energy Bill 2010 Chapter 5 Coordination with particular authorities under other resource Acts Part 8 Additional provisions for safety management plans [s 182] (6) However, the obligation under subsection (5) applies only to 1 the extent the provisions are commercially and technically 2 feasible for the operator or any relevant geothermal tenure 3 holder. 4 (7) If an operator makes a safety management plan for relevant 5 operating plant and the plan includes provisions proposed by 6 the overlapping resource authority holder, the operator must-- 7 (a) give the overlapping resource authority holder a copy of 8 the plan; and 9 (b) give the chief inspector under the P&G Act a notice 10 stating any provisions proposed under subsection (5) 11 and whether they were included in the plan. 12 (8) In this section-- 13 remaking, a safety management plan, includes an amendment 14 or remaking of the plan of a type required under the P&G Act, 15 section 678. 16 182 Application of P&G Act provisions for resolving disputes 17 about reasonableness of proposed provision 18 (1) This section applies if a dispute exists between an operator 19 under section 181 and an overlapping resource authority 20 holder about the reasonableness of a provision proposed by 21 the overlapping resource authority holder for the operator's 22 proposed safety management plan. 23 (2) The P&G Act, section 387, chapter 12 and schedule 1 apply 24 for the dispute as if it were a dispute to which section 387 of 25 that Act applies. 26 Editor's note-- 27 P&G Act, chapter 12 and schedule 1 (Reviews and appeals) 28 Page 133

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 1 Area provisions [s 183] Chapter 6 General provisions for 1 geothermal tenures 2 Note-- 3 See also chapter 8, part 1. 4 Part 1 Area provisions 5 183 Area of geothermal tenure 6 (1) This section provides for the area of a geothermal tenure. 7 (2) Subject to section 186, the area does not include excluded 8 land for the geothermal tenure. 9 (3) The area can not include-- 10 (a) land in another geothermal tenure's area, unless-- 11 (i) the geothermal tenure is a geothermal lease; and 12 (ii) under section 188, the land will cease to be 13 included in the geothermal permit's area on the 14 grant of the lease; or 15 (b) excluded land for a geothermal tenure. 16 (4) Unless the Minister otherwise decides, the area must form a 17 single contiguous parcel of land. 18 (5) The area may include a part of a block only if the part consists 19 of all areas within the block that are left after taking away all 20 excluded land within the block (a residual block). 21 (6) The area must be no more than the following number of 22 blocks or residual blocks, in any combination, unless the 23 Minister considers there are exceptional circumstances-- 24 (a) for geothermal permit--50; 25 (b) for a geothermal lease--25. 26 Page 134

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 1 Area provisions [s 184] 184 References to blocks of geothermal tenure 1 (1) This section applies if a geothermal tenure states its area 2 includes land within a block without including or excluding 3 any particular sub-block. 4 (2) The reference to the block is a reference to all sub-blocks 5 within the block to the extent they do not consist of excluded 6 land or land in a restricted area. 7 (3) To remove any doubt, it is declared that if land within any of 8 the sub-blocks ceases to be excluded land or land in a 9 restricted area, the cessation itself does not cause the land to 10 be within the geothermal tenure's area. 11 185 Minister's power to decide excluded land 12 (1) The Minister may decide excluded land for a geothermal 13 tenure or proposed geothermal tenure. 14 (2) However, the power under subsection (1) may be exercised 15 only when the Minister is deciding whether to-- 16 (a) grant or renew the geothermal tenure; or 17 (b) approve any later work program or development plan for 18 the geothermal tenure. 19 (3) Also, excluded land must be within any block that the 20 geothermal tenure states is included in its area. 21 (4) Excluded land may be described in a way the Minister 22 considers appropriate, including, for example, by area or by 23 reference to a stated type of land. 24 (5) Land ceases to be excluded land for a geothermal tenure if-- 25 (a) the block in which the land is located is relinquished or 26 for any other reason ceases to be in the geothermal 27 tenure's area; or 28 (b) the geothermal tenure is a geothermal permit and-- 29 Page 135

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 1 Area provisions [s 186] (i) a geothermal lease is granted over any of the 1 geothermal permit's area; and 2 (ii) the land is excluded land for the geothermal lease. 3 186 Minister may add excluded land 4 (1) The Minister may amend a geothermal tenure by adding 5 excluded land for the tenure to its area. 6 (2) However, the excluded land may be added only if the relevant 7 environmental authority applies to the excluded land. 8 (3) The amendment may be made-- 9 (a) on the Minister's initiative with the consent of the holder 10 of the geothermal tenure; or 11 (b) on the holder's application. 12 (4) The application must be-- 13 (a) in the approved form; and 14 (b) accompanied by the fee prescribed under a regulation. 15 (5) The Minister must consider the application and decide 16 whether to add or refuse to add the excluded land. 17 (6) If the decision on the application is not to add the land, the 18 Minister must as soon as practicable give the applicant notice 19 of the decision. 20 (7) The amendment may be made subject to the holder applying 21 to the Minister for approval of an amendment of the 22 geothermal tenure's work program or development plan to 23 reflect the inclusion of the excluded land. 24 (8) If the land is added to the geothermal tenure's area it ceases to 25 be excluded land for the tenure. 26 (9) The Minister may amend the provisions of the geothermal 27 tenure in a way that reflects the addition of the land and 28 complies with-- 29 Page 136

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 2 Reporting and information provisions [s 187] (a) for a geothermal permit--section 40; or 1 (b) for a geothermal lease--section 82. 2 187 Ending of geothermal permit if all of its area relinquished 3 If all of the area of a geothermal permit is relinquished, the 4 permit ends. 5 188 Area of geothermal permit reduced on grant of 6 geothermal lease 7 (1) Land ceases to be in a geothermal permit's area if a 8 geothermal lease is granted to the geothermal permit holder 9 over the land. 10 (2) If a geothermal lease is granted to the geothermal permit 11 holder over all of the area of a geothermal permit, the permit 12 ends. 13 Part 2 Reporting and information 14 provisions 15 Division 1 General reporting provisions 16 189 Relinquishment report for partial relinquishment 17 (1) This section applies if part of the area of a geothermal tenure 18 is relinquished as required or authorised under this Act and 19 the tenure continues to exist. 20 (2) The holder of the geothermal tenure must, within 6 months 21 after the relinquishment, give the chief executive a report-- 22 (a) describing-- 23 Page 137

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 2 Reporting and information provisions [s 190] (i) the authorised activities for the geothermal tenure 1 carried out in the part; and 2 (ii) the results of the activities; and 3 (b) including other information prescribed under a 4 regulation. 5 Maximum penalty--200 penalty units. 6 (3) The report must-- 7 (a) be given electronically using the system for submission 8 of reports made or approved by the chief executive; and 9 (b) be in the digital format made or approved by the chief 10 executive. 11 (4) The chief executive must ensure the system and a document 12 detailing the digital format made or approved by the chief 13 executive are available for inspection on the department's 14 website. 15 (5) The requirements under subsection (3) are the required way 16 for giving reports to the chief executive. 17 190 End of tenure report 18 Within 6 months after a geothermal tenure ends, the person 19 who held the tenure immediately before it ended must give the 20 chief executive a report in the required way that includes all of 21 the following-- 22 (a) a summary of all authorised activities for the tenure 23 carried out for the tenure since it took effect; 24 (b) a summary of the results of the activities; 25 (c) an index of all reports given as required under this Act, 26 for the activities; 27 (d) a summary of all significant hazards created to future 28 safe and efficient mining that under the P&G Act safety 29 provisions, are required to be reported by the person; 30 Page 138

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 2 Reporting and information provisions [s 191] (e) for each hazard mentioned in the summary under 1 paragraph (d)--a reference to the report containing 2 details of the hazard; 3 (f) any information required to be reported under this Act 4 that has not been previously reported; 5 (g) other information prescribed under a regulation. 6 Maximum penalty--150 penalty units. 7 191 Power to require information or reports about authorised 8 activities to be kept or given 9 (1) A regulation or the chief executive may, for the services of the 10 State, require a geothermal tenure holder to-- 11 (a) keep, in a stated way, stated information or types of 12 information about authorised activities carried out under 13 the geothermal tenure; or 14 Example of a way of keeping information-- 15 in a stated digital format 16 (b) give the chief executive a notice in the approved form 17 giving stated information or types of information or 18 stated reports at stated times or intervals about 19 authorised activities carried out under the geothermal 20 tenure. 21 Example of a stated time-- 22 for a report about a geothermal well, 6 months after its 23 completion 24 (2) For subsection (1), the information or report required to be 25 given or kept may be-- 26 (a) exploration data; or 27 (b) opinions, conclusions, technical consolidations and 28 advanced interpretations based on exploration data. 29 (3) A requirement by the chief executive under subsection (1)(b) 30 may state-- 31 Page 139

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 2 Reporting and information provisions [s 192] (a) a format required for giving the information or types of 1 information; and 2 (b) a degree of precision required for the giving of the 3 information. 4 (4) A person of whom a requirement under subsection (1) has 5 been made must comply with the requirement. 6 Maximum penalty--100 penalty units. 7 (5) In this section-- 8 information includes documents, records and samples. 9 Division 2 Records and samples 10 192 Requirement to keep records and samples 11 (1) A geothermal tenure holder must, for the period and in the 12 way prescribed under a regulation, keep the records and 13 samples about authorised activities carried out under the 14 tenure as prescribed under a regulation. 15 Maximum penalty--500 penalty units. 16 (2) For subsection (1), the prescribed records may be-- 17 (a) exploration data; or 18 (b) opinions, conclusions, technical consolidations and 19 advanced interpretations based on exploration data. 20 193 Requirement to give records and samples 21 (1) A person who, under section 192, is required to keep a record 22 or sample must, for the services of the State, give a copy of 23 the record and a part of the sample to the chief executive 24 within 6 months after the earlier of the following (the 25 required time)-- 26 (a) the day the record or sample was acquired or made; 27 Page 140

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 2 Reporting and information provisions [s 194] (b) the day the relevant geothermal tenure ends. 1 Maximum penalty--500 penalty units. 2 (2) The copy of the record must be given in the required way for 3 giving reports to the chief executive. 4 (3) If the chief executive gives the person a notice asking the 5 person for more of the sample, the person must give it to the 6 chief executive at the address stated in the notice within the 7 reasonable period stated in the notice (also the required time), 8 unless the holder has a reasonable excuse. 9 Maximum penalty--500 penalty units. 10 (4) The chief executive may extend the required time by up to 1 11 year if-- 12 (a) the person asks for the extension before the required 13 time ends; and 14 (b) the chief executive is satisfied the extension is 15 necessary. 16 (5) However, the extension must not end later than-- 17 (a) for subsection (1)--6 months after the required time 18 ends; or 19 (b) for subsection (3)--1 year after the required time ends. 20 (6) Without limiting subsection (1), the uses to which the State 21 may put the copy of the record and the part of the sample may 22 include the building of a publicly available database to 23 facilitate geothermal exploration for the services of the State. 24 Division 3 Releasing required information 25 194 Meaning of required information 26 The required information, for a geothermal tenure, is any 27 form of information given under this Act by the tenure holder 28 about authorised activities carried out under the tenure, 29 including, for example-- 30 Page 141

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 2 Reporting and information provisions [s 195] (a) a sample; and 1 (b) data and other matters mentioned in section 191(2). 2 195 Public release of required information 3 (1) The mere fact of the existence of a geothermal tenure is taken 4 to be an authorisation from its holder to the chief executive to 5 do the following, after the end of any confidentiality period 6 prescribed under a regulation-- 7 (a) to publish in the way prescribed under a regulation 8 required information for the geothermal tenure for 9 public use; 10 (b) on payment of a fee prescribed under a regulation, to 11 make the required information available to any person. 12 (2) Any confidentiality period prescribed under subsection (1) 13 ceases if the information is about an authorised activity 14 carried out only in an area no longer in the geothermal 15 tenure's area. 16 Example-- 17 The required information is a well completion report about a geothermal 18 well drilled on particular land in a geothermal permit's area. Subsection 19 (1) ceases to apply if all of that land is relinquished under the 20 relinquishment condition for the permit. 21 (3) The authorisation is not affected by the ending of the 22 geothermal tenure. 23 196 Chief executive may use required information 24 (1) The mere fact of the existence of a geothermal tenure is taken 25 to be an authorisation from its holder to the chief executive to 26 use required information for-- 27 (a) purposes reasonably related to this Act that are required 28 for the geothermal tenure; or 29 (b) the services of the State. 30 Page 142

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 3 General provisions for geothermal wells [s 197] (2) The authorisation is not affected by the ending of the 1 geothermal tenure. 2 Part 3 General provisions for 3 geothermal wells 4 Division 1 Responsibility for geothermal wells 5 197 Requirements for drilling geothermal well 6 A person drilling a geothermal well must comply with-- 7 (a) any requirements prescribed under a regulation for the 8 drilling of the geothermal well; and 9 (b) any relevant requirements about construction and 10 drilling standards for water well drilling activities under 11 the Water Act. 12 Maximum penalty--500 penalty units. 13 Division 2 Decommissioning of geothermal 14 wells 15 198 Application of div 2 16 This division applies to a geothermal well drilled by or for a 17 geothermal tenure holder. 18 199 Obligation to decommission 19 (1) The geothermal tenure holder must ensure the geothermal 20 well is decommissioned from use under this Act before the 21 Page 143

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 3 General provisions for geothermal wells [s 200] tenure ends or the land on which the well is located ceases to 1 be in the tenure's area. 2 Maximum penalty--500 penalty units. 3 (2) However, subsection (1) does not apply for land that, under 4 section 188(1), ceases to be in a geothermal permit's area. 5 (3) For subsection (1), the geothermal well is decommissioned 6 from use under this Act only if-- 7 (a) it has been plugged and abandoned in the way 8 prescribed under a regulation; and 9 (b) any relevant requirements under the Water Act for the 10 decommissioning of water wells used for the geothermal 11 well have been complied with; and 12 (c) the geothermal tenure holder has given the Minister of 13 the department in which the Water Act is administered a 14 notice in the approved form about the decommissioning. 15 200 Right of entry to facilitate decommissioning 16 (1) This section applies if-- 17 (a) the geothermal tenure has ended or the land on which 18 the geothermal well is located is no longer in the 19 tenure's area; and 20 (b) the geothermal tenure holder or former holder has not 21 carried out decommissioning as required under section 22 199. 23 (2) The holder or former holder may enter the following land to 24 carry out the decommissioning-- 25 (a) land (the primary land) on which the decommissioning 26 must be or was required to be carried out; 27 (b) any other land (the access land) it is reasonably 28 necessary to cross for access to the primary land. 29 (3) Parts 5, 6 and 8 apply to the holder or former holder in the 30 following way-- 31 Page 144

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 3 General provisions for geothermal wells [s 201] (a) if the geothermal tenure has ended, as if-- 1 (i) it were still in force; and 2 (ii) the former holder were still its holder; 3 (b) as if the primary land and access land is in the 4 geothermal tenure's area; 5 (c) as if the decommissioning is an authorised activity for 6 the geothermal tenure. 7 Editor's note-- 8 parts 5 (Private land), 6 (Public land) and 8 (Compensation and 9 negotiated access) 10 201 Responsibility for geothermal well after 11 decommissioning 12 (1) This section applies if the geothermal tenure holder has 13 decommissioned a geothermal well under section 199. 14 Note-- 15 For ownership before decommissioning, see section 265 (Ownership of 16 equipment and improvements). 17 (2) Despite the decommissioning, the holder continues to be 18 responsible under this Act for the geothermal well until the 19 earlier of the following times (the relevant time)-- 20 (a) when the geothermal tenure ends; 21 (b) when the land on which the geothermal well is located 22 ceases to be in the geothermal tenure's area. 23 (3) The geothermal well is taken to have been transferred to the 24 State at the relevant time. 25 Note-- 26 However, the holder may still have obligations under the Environmental 27 Protection Act, chapter 5A for the geothermal well. 28 (4) Subsection (3) applies despite-- 29 Page 145

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 4 Security [s 202] (a) the geothermal well being on or part of land owned by 1 someone else; or 2 (b) the sale or other disposal of the land. 3 Part 4 Security 4 202 Operation and purpose of pt 4 5 (1) This part empowers the Minister to require, from time to time, 6 a geothermal tenure holder or a person who has applied for a 7 geothermal tenure to give the State security for the tenure or 8 proposed tenure. 9 (2) The security may be used to pay-- 10 (a) any liability under this Act the State incurs because of 11 an act or omission of the holder; and 12 (b) any unpaid annual rent payable by the holder to the 13 State; and 14 (c) other unpaid amounts payable under this Act by the 15 holder to the State, including, for example, any of the 16 following-- 17 (i) an unpaid civil penalty; 18 (ii) unpaid interest on unpaid annual rent; 19 (iii) any debt payable by the holder under section 346; 20 and 21 (d) any compensation the State must pay under section 303 22 because of the exercise or purported exercise of 23 remedial powers for the geothermal tenure, whether or 24 not the tenure has ended. 25 Page 146

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 4 Security [s 203] 203 Power to require security for geothermal tenure 1 (1) The Minister may require a geothermal tenure holder or a 2 person who has applied for a geothermal tenure to give the 3 State security for the tenure, or proposed tenure. 4 (2) The security must be-- 5 (a) in the form prescribed under a regulation; and 6 (b) of at least the amount prescribed under a regulation. 7 (3) The requirement may be made at any time. 8 (4) However, the requirement does not take effect until the holder 9 or applicant is given-- 10 (a) for a requirement to give security in the form and 11 amount prescribed under subsection (2)--notice of the 12 requirement; or 13 (b) otherwise--an information notice about the decision to 14 make the requirement. 15 204 Minister's power to require additional security 16 (1) The Minister may at any time require a geothermal tenure 17 holder to increase the amount of security given for the tenure. 18 (2) However-- 19 (a) if, because of an increase in the prescribed amount 20 under section 203(2), the requirement is to increase the 21 total security required to no more than the increased 22 prescribed amount--the requirement must be made by 23 notice to the holder; or 24 (b) if the requirement is to increase the total security 25 required to more than the prescribed amount under 26 section 203(2) when the requirement is made-- 27 (i) subsections (3) to (6) must be complied with 28 before making the requirement; and 29 Page 147

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 4 Security [s 205] (ii) the requirement does not take effect until the 1 holder is given an information notice about the 2 decision to make the requirement. 3 (3) The Minister must give the holder notice-- 4 (a) stating the proposed increased amount of the security 5 for the geothermal tenure; and 6 (b) inviting the holder to make submissions about the 7 proposed increased amount to the Minister within a 8 stated reasonable period. 9 (4) The stated period must end at least 20 business days after the 10 holder is given the notice. 11 (5) The Minister must consider any submissions made by the 12 holder within the stated period. 13 (6) In this section-- 14 security given includes security given or increased because of 15 a requirement under subsection (1). 16 205 Interest on security 17 The State may keep any interest accruing on security given 18 under this part for a geothermal tenure. 19 206 Power to use security 20 The State may use security given under this part for a 21 geothermal tenure and any interest accruing on the security to 22 make a payment mentioned in section 202(2) concerning the 23 tenure. 24 207 Replenishment of security 25 (1) This section applies if-- 26 (a) under section 206, all or part of the security for a 27 geothermal tenure has been used; and 28 Page 148

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 4 Security [s 208] (b) the geothermal tenure is still in force. 1 (2) The Minister must give the geothermal tenure holder a 2 notice-- 3 (a) stating how much of the security has been used; and 4 (b) directing the holder to replenish the security for the 5 geothermal tenure, within 30 days after the giving of the 6 notice, up to the higher of the following-- 7 (i) the amount prescribed under a regulation; 8 (ii) if the notice states that, under section 203, another 9 amount is required--the other amount. 10 208 Security not affected by change in tenure holder 11 (1) This section applies if security for a geothermal tenure has 12 been given under this part for the tenure and its holder 13 changes. 14 (2) Despite the change, the security and any interest accruing on it 15 continues in force for the benefit of the State and may be used 16 under section 206. 17 (3) If the security is in the form of money, until the security is 18 replaced or refunded it continues in force for the holder from 19 time to time of the geothermal tenure. 20 209 Retention of security after geothermal tenure ends 21 (1) Security or part of security given for a geothermal tenure may 22 be kept by the State for 1 year after the tenure has ended. 23 (2) Also, if a claim made for the use of the security has not been 24 assessed, an appropriate amount of the security to meet the 25 claim may be kept by the State until the claim has been 26 assessed. 27 Page 149

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 5 Private land [s 210] Part 5 Private land 1 Division 1 Requirements for entry to private 2 land in geothermal tenure area 3 Subdivision 1 Entry notice requirement for 4 preliminary activities and particular 5 advanced activities 6 210 Entry notice requirement 7 (1) A person must not-- 8 (a) enter private land in a geothermal tenure's area to carry 9 out a preliminary activity for the tenure; or 10 (b) enter private land in a geothermal tenure's area to carry 11 out an advanced activity for the tenure if either of the 12 following applies for the entry-- 13 (i) the deferral agreement exemption; 14 (ii) the Land Court application exemption; 15 unless the geothermal tenure's holder has given each owner 16 and occupier of the land a written notice of the entry that 17 complies with section 211 (an entry notice). 18 Maximum penalty--500 penalty units. 19 (2) The entry notice must be given-- 20 (a) generally--at least 10 business days before the entry; or 21 (b) if, by a signed endorsement on the notice, the relevant 22 owner or occupier has agreed to a shorter period--the 23 shorter period. 24 Maximum penalty--500 penalty units. 25 Page 150

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 5 Private land [s 211] (3) The holder must give the chief executive a copy of the entry 1 notice immediately after the notice is given and before entry is 2 made under the geothermal tenure. 3 Maximum penalty--10 penalty units. 4 (4) A contravention of subsection (3) does not affect the validity 5 of the notice or the entry. 6 (5) This section is subject to section 212. 7 (6) In this section-- 8 deferral agreement exemption, for an entry, means that the 9 conduct and compensation agreement requirement does not 10 apply for the entry because of section 216(c)(i). 11 give, for an entry notice, includes publishing it in a way 12 approved under section 214. 13 Land Court application exemption, for an entry, means that 14 the conduct and compensation agreement requirement does 15 not apply for the entry because of section 216(c)(ii). 16 211 Required contents of entry notice 17 (1) An entry notice must state the following-- 18 (a) the land proposed to be entered; 19 (b) the period during which the land will be entered (the 20 entry period); 21 (c) the activities proposed to be carried out on the land; 22 (d) when and where the activities are proposed to be carried 23 out; 24 (e) contact details for-- 25 (i) the relevant geothermal tenure holder; or 26 (ii) another person the holder has authorised to discuss 27 the matters stated in the notice. 28 Page 151

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 5 Private land [s 212] (2) Also, the first entry notice from the geothermal tenure holder 1 to a particular owner or occupier must be accompanied by or 2 include a copy of-- 3 (a) the land access code; and 4 (b) any code of practice made under this Act applying to 5 authorised activities for the geothermal tenure; and 6 (c) the relevant environmental authority documentation. 7 (3) The entry period can not be longer than-- 8 (a) generally--6 months; or 9 (b) if the relevant owner or occupier agrees in writing to a 10 longer period--the longer period. 11 (4) Subject to subsections (1) to (3), an entry notice may state an 12 entry period that is different to the entry period stated in 13 another entry notice given by the geothermal tenure holder to 14 another owner or occupier of the land. 15 (5) In this section-- 16 relevant environmental authority documentation means-- 17 (a) if, under the Environmental Protection Act, the relevant 18 environmental authority for the geothermal tenure is a 19 code compliant authority--the relevant code; or 20 (b) if, under the Environmental Protection Act, the relevant 21 environmental authority for the geothermal tenure is a 22 non-code compliant authority-- 23 (i) the environmental authority; and 24 (ii) if the environmental authority imposes conditions 25 by referring to a code--that code. 26 212 Exemptions from entry notice requirement 27 (1) The requirement under section 210(1) to give an entry notice 28 does not apply for an entry to land to carry out an authorised 29 activity if any of the following apply-- 30 Page 152

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 5 Private land [s 213] (a) the geothermal tenure holder owns the land; 1 (b) the holder has the right other than under this Act to enter 2 the land to carry out the activity; 3 (c) if-- 4 (i) there is a conduct and compensation agreement 5 relating to the land; and 6 (ii) each eligible claimant for the land is a party to the 7 agreement; and 8 (iii) the agreement includes a waiver of entry notice; 9 (d) the entry is to preserve life or property or because of an 10 emergency that exists or may exist; 11 (e) the relevant owner or occupier has, by signed writing, 12 given a waiver of entry notice. 13 (2) A waiver of entry notice mentioned in subsection (1) must 14 comply with section 213(1). 15 213 Provisions for waiver of entry notice 16 (1) A waiver of entry notice mentioned in section 212 must-- 17 (a) if it does not form part of a conduct and compensation 18 agreement, be written and signed; and 19 (b) state the following-- 20 (i) that the relevant owner or occupier has been told 21 they are not required to agree to the waiver of entry 22 notice; 23 (ii) the authorised activities proposed to be carried out 24 on the land; 25 (iii) the period during which the land will be entered; 26 (iv) when and where the activities are proposed to be 27 carried out. 28 (2) The relevant owner or occupier can not withdraw the waiver 29 of entry notice during the period. 30 Page 153

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 5 Private land [s 214] (3) The waiver of entry notice ceases to have effect at the end of 1 the period. 2 214 Giving entry notice by publication 3 (1) The chief executive may approve a geothermal tenure holder 4 giving an entry notice for the tenure by publishing it in a 5 stated way. 6 (2) The publication may relate to more than 1 entry notice. 7 (3) The chief executive may give the approval only if satisfied-- 8 (a) for a relevant owner or occupier who is an individual, it 9 is impracticable to give the owner or occupier the notice 10 personally; and 11 (b) the publication will happen at least 20 business days 12 before the entry. 13 Subdivision 2 Conduct and compensation 14 agreement requirement for 15 particular advanced activities 16 215 Conduct and compensation agreement requirement 17 (1) A person must not enter private land in a geothermal tenure's 18 area to carry out an advanced activity for the tenure (the 19 relevant activity) unless each eligible claimant for the land is 20 a party to an appropriate conduct and compensation 21 agreement. 22 Maximum penalty--500 penalty units. 23 (2) The requirement under subsection (1) is the conduct and 24 compensation agreement requirement. 25 Note-- 26 For conduct and compensation agreements, see part 8, division 1. 27 (3) In this section-- 28 Page 154

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 5 Private land [s 216] appropriate conduct and compensation agreement, for an 1 eligible claimant, means a conduct and compensation 2 agreement about the holder's compensation liability to the 3 eligible claimant of at least to the extent the liability relates to 4 the relevant activity and its effects. 5 216 Exemptions from conduct and compensation agreement 6 requirement 7 The conduct and compensation agreement requirement does 8 not apply for an entry to land to carry out an advanced activity 9 if any of the following apply-- 10 (a) the geothermal tenure holder owns the land; 11 (b) the holder has the right other than under this Act to enter 12 the land to carry out the activity; 13 (c) each eligible claimant for the land is-- 14 (i) a party to an agreement, complying with section 15 217, that a conduct and compensation agreement 16 can be entered into after the entry (a deferral 17 agreement); or 18 (ii) an applicant or respondent to a Land Court 19 application under section 253 relating to the land; 20 (d) the entry is to preserve life or property or because of an 21 emergency that exists or may exist. 22 217 Requirements for deferral agreement 23 A deferral agreement must-- 24 (a) be written and signed by or for the holder and each 25 eligible claimant for the land to be entered; and 26 (b) state the following-- 27 (i) that the eligible claimant has been told the claimant 28 is under no obligation to enter into a deferral 29 Page 155

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 5 Private land [s 218] agreement before entering into a conduct and 1 compensation agreement; 2 (ii) the authorised activities proposed to be carried out 3 on the land; 4 (iii) the period during which the land will be entered; 5 (iv) when and where the activities are proposed to be 6 carried out; 7 (v) the period for which the deferral agreement has 8 effect; 9 (vi) when it is proposed to enter into a conduct and 10 compensation agreement. 11 Division 2 Access to private land outside area 12 of geothermal tenure 13 Subdivision 1 Preliminary 14 218 Application of div 2 15 This division applies for a geothermal tenure in relation to all 16 private land outside its area. 17 Subdivision 2 Access rights and access 18 agreements 19 219 Access rights of geothermal tenure holder 20 (1) Subject to section 220, the geothermal tenure holder has the 21 following rights-- 22 (a) to cross the land if it is reasonably necessary to allow the 23 holder to enter the geothermal tenure's area; 24 Page 156

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 5 Private land [s 220] (b) to carry out activities on the land that are reasonably 1 necessary to allow the crossing of the land. 2 Example for paragraph (b)-- 3 opening a gate or fence 4 (2) The rights under subsection (1) that may, under section 220, 5 be exercised are the access rights for the geothermal tenure. 6 (3) Land to which the access rights apply is access land for the 7 geothermal tenure. 8 220 Restriction on exercise of access rights 9 (1) The access rights may be exercised only if-- 10 (a) the exercise of the rights is needed to preserve life or 11 property because of a dangerous situation or emergency 12 that exists or may exist; or 13 (b) the following have agreed orally or in writing to the 14 exercise of the rights-- 15 (i) if exercising the rights is likely to have a 16 permanent impact on the land--each owner and 17 the occupier of the land; 18 (ii) if exercising the rights is unlikely to have a 19 permanent impact on the land--each occupier of 20 the land. 21 Note-- 22 See also section 324 (Duty to avoid interference in carrying out 23 geothermal activities). 24 (2) An agreement mentioned in subsection (1)(b) is an access 25 agreement. 26 (3) In this section-- 27 permanent impact, on the land, means a continuing effect on 28 the land or its use or a permanent or long-term adverse effect 29 on its current lawful use by an occupier of the land. 30 Page 157

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 5 Private land [s 221] Example of an exercise of the rights that is likely to have a permanent 1 impact-- 2 building a road 3 Example of an exercise of the rights that is unlikely to have a permanent 4 impact-- 5 opening or closing a gate 6 221 Owner or occupier must not unreasonably refuse to make 7 access agreement 8 (1) An owner or occupier of the land must not, if asked by the 9 geothermal tenure holder, unreasonably refuse to make an 10 access agreement for the exercise of the access rights. 11 (2) For subsection (1), the owner or occupier does not 12 unreasonably refuse only because the owner or occupier asks 13 for the agreement to be subject to reasonable and relevant 14 conditions offered by the owner or occupier. 15 (3) If the holder asks the owner or occupier to make an access 16 agreement and the owner or occupier has not within 20 17 business days made the agreement, the owner or occupier is 18 taken to have refused to agree. 19 Note-- 20 Either party may refer a refusal under subsection (1) or (3) to the Land 21 Court to decide whether the refusal is unreasonable. See section 225. 22 222 Principles for deciding whether access is reasonable 23 (1) This section provides for matters to which regard must be had 24 in deciding whether-- 25 (a) it is reasonably necessary for the geothermal tenure 26 holder to cross the land to allow the holder to enter the 27 tenure's area; or 28 (b) it is reasonably necessary for the holder to carry out 29 activities on the land to allow the crossing of the land; or 30 Page 158

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 5 Private land [s 223] (c) the owner or occupier has unreasonably refused to make 1 an access agreement. 2 (2) The holder must first show it not possible or reasonable to 3 exercise the access rights by using a formed road. 4 (3) After subsection (2) has been satisfied, the following must be 5 considered-- 6 (a) the nature and extent of any impact the exercise of the 7 access rights will have on the land and the owner or 8 occupier's use and enjoyment of it; 9 (b) how, when and where and the period during which the 10 holder proposes to exercise the access rights. 11 (4) In this section-- 12 formed road means any existing road or track on private land 13 or public land used, or that may reasonably be capable of 14 being used, to drive or ride motor vehicles. 15 223 Provisions for access and access agreements 16 (1) Section 210 applies for any entry to the land by the 17 geothermal tenure holder as if the entry were an entry to carry 18 out authorised activities. 19 Editor's note-- 20 Section 210 (Entry notice requirement) 21 (2) However-- 22 (a) a written access agreement may include a waiver of 23 entry notice for the entry; and 24 (b) if an access agreement provides for alternative 25 conditions to section 210 for the entry--section 210 26 does not apply for so long as the alternative conditions 27 are in force. 28 (3) A written access agreement may include a conduct and 29 compensation agreement for the exercise or future exercise of 30 access rights by the holder. 31 Page 159

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 5 Private land [s 224] (4) This division does not limit or otherwise affect the ability of 1 the owner or occupier to grant the holder a right of access to 2 the land, including, for example, by the grant of an easement. 3 224 Access agreement binds successors and assigns 4 Subject to section 226, an access agreement binds the parties 5 to it and each of their personal representatives, successors in 6 title and assigns. 7 Subdivision 3 Land Court resolution 8 225 Power of Land Court to decide access agreement 9 (1) If a dispute arises between the geothermal tenure holder and 10 an owner or occupier of the land (the parties) about a matter 11 mentioned in section 222(1), any party to the dispute may 12 apply to the Land Court for it to decide the matter. 13 (2) In deciding the matter, the Land Court may impose conditions 14 it considers appropriate for the exercise of the access rights. 15 (3) Conditions imposed under subsection (2) are taken to be-- 16 (a) if there is already an access agreement between the 17 parties--conditions of that agreement; or 18 (b) if there is no access agreement between the parties--an 19 access agreement between the parties. 20 226 Power of Land Court to vary access agreement 21 (1) An owner or occupier of the land or the geothermal tenure 22 holder may apply to the Land Court to vary any access 23 agreement between them. 24 (2) The Land Court may vary the access agreement only if it 25 considers the change is appropriate because of a material 26 change in circumstances. 27 (3) Subsection (2) does not limit section 222. 28 Page 160

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 5 Private land [s 227] (4) This section does not prevent the owner or occupier and the 1 holder from agreeing to vary the access agreement. 2 227 Criteria for deciding access 3 In deciding an application under this subdivision, the Land 4 Court must have regard to section 222(2) and (3). 5 Division 3 Provisions for dealings or change in 6 ownership or occupancy 7 228 Entry notice or waiver of entry notice or access 8 agreement not affected by a dealing 9 A dealing with a geothermal tenure does not affect an entry 10 notice or waiver of entry notice or an access agreement given 11 or made for the tenure. 12 229 Change in ownership or occupancy 13 (1) If, after the giving of an entry notice, the ownership or 14 occupancy of the relevant land changes-- 15 (a) the holder of the geothermal tenure for which the entry 16 notice was given is taken to have given that notice to 17 each new owner or occupier of the land; and 18 (b) section 210(2) does not apply for the new owner or 19 occupier for the entry period stated in the notice. 20 (2) If, after the giving of a waiver of entry notice, the ownership 21 or occupancy of the relevant land changes, each new owner or 22 occupier of the land is taken to have given that waiver of entry 23 notice. 24 (3) If the relevant geothermal tenure holder becomes aware of a 25 new owner or occupier mentioned in subsection (1) or (2), the 26 holder must, within 15 business days, give the new owner or 27 occupier a copy of the entry notice or waiver of entry notice. 28 Page 161

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 5 Private land [s 230] (4) If the holder does not comply with subsection (3), subsections 1 (1) and (2) cease to apply for the entry notice or consent. 2 Division 4 Periodic notice after entry of land 3 230 Notice to owners and occupiers 4 (1) This section applies if-- 5 (a) private land has been entered to carry out authorised 6 activities for a geothermal tenure; or 7 (b) access land for a geothermal tenure has been entered in 8 the exercise of the access rights over the land. 9 (2) The holder of the geothermal tenure must, within 3 months 10 after the end of the period under subsection (3), (4) or (5), 11 give each owner and occupier of the land a notice stating-- 12 (a) what activities were carried out on the land during that 13 period and where they were carried out; or 14 (b) if no activities were carried out on the land during the 15 period--that no activities were carried out on the land 16 during that period. 17 (3) If an entry notice was given for the entry to all owners or 18 occupiers of the land, the period for subsection (2) is the 19 period stated in the entry notice. 20 (4) If all owners or occupiers of the land gave a waiver of entry 21 notice for the entry, the period for subsection (2) is the longer 22 of the following periods after the giving of the waiver of entry 23 notice-- 24 (a) either-- 25 (i) for a geothermal permit--6 months; or 26 (ii) for a geothermal lease--1 year; 27 (b) if, within the period under paragraph (a), each owner or 28 occupier of the land consented to a longer period--the 29 longer period. 30 Page 162

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 5 Private land [s 231] (5) If an entry notice for the entry was given to some of the 1 owners or occupiers and the rest of the owners or occupiers 2 gave a waiver of entry notice for the entry, the period for 3 subsection (2) is the longer of the periods under subsections 4 (3) and (4). 5 Division 5 Access to carry out rehabilitation 6 and environmental management 7 231 Right of access for authorised activities includes access 8 for rehabilitation and environmental management 9 (1) This section applies if, under this part, a geothermal tenure 10 holder has the right to enter private land to carry out 11 authorised activities for the tenure. 12 (2) The right includes a right to enter the land to carry out 13 rehabilitation or environmental management required of the 14 holder under any relevant environmental requirement under 15 the Environmental Protection Act. 16 Division 6 Miscellaneous provision 17 232 Direction to ease concerns of owner or occupier 18 (1) This section applies if the Minister reasonably believes that, to 19 ease a valid concern of an owner or occupier of land in a 20 geothermal tenure's area, the tenure holder ought reasonably 21 to take action, or cease taking action. 22 (2) The Minister may, by notice, direct the holder to take the 23 action, or cease taking the action, within a stated reasonable 24 period. 25 (3) However, before deciding to give the notice, the Minister 26 must-- 27 (a) give the holder a notice stating-- 28 Page 163

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 6 Public land [s 233] (i) the proposed direction; and 1 (ii) the grounds for giving the proposed direction; and 2 (iii) the facts and circumstances forming the basis for 3 the grounds; and 4 (iv) that the holder may, within a stated reasonable 5 period, make submissions to the Minister about the 6 proposed direction; and 7 (b) consider any submissions made by the holder within the 8 period. 9 (4) The decision does not take effect until the holder is given an 10 information notice about the decision. 11 Note-- 12 For the consequence of noncompliance with the direction, see section 13 315 (When noncompliance action may be taken). 14 Part 6 Public land 15 Division 1 Public roads 16 Subdivision 1 Preliminary 17 233 Significant projects excluded from div 1 18 (1) This division does not apply for a geothermal tenure for a 19 significant project. 20 (2) Subsection (1) does not limit or otherwise affect conditions 21 the coordinator-general may, under the State Development 22 and Public Works Organisation Act 1971, part 4, recommend 23 for the geothermal tenure. 24 Page 164

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 6 Public land [s 234] 234 What is a notifiable road use 1 (1) A notifiable road use, for a geothermal tenure, is-- 2 (a) the use of a public road in the geothermal tenure's area 3 for transport relating to a seismic survey or drilling 4 activity; or 5 (b) the use of a public road at more than the haulage 6 threshold rate if the haulage relates to the construction 7 of a pipeline. 8 (2) Subsection (1)(b) applies even if the road is not on land in the 9 geothermal tenure's area. 10 (3) In this section-- 11 haulage threshold rate means-- 12 (a) for a State-controlled road--50000t a year; or 13 (b) for another public road--10000t a year. 14 Subdivision 2 Notifiable road uses 15 235 Notice of notifiable road use 16 (1) It is a condition of each geothermal tenure that its holder must 17 not use a public road for a notifiable road use unless the 18 holder has given the public road authority for the road notice 19 that the holder proposes to carry out the use. 20 Note-- 21 See also section 262 (Compensation to be addressed before carrying out 22 notifiable road use). 23 (2) The notice must-- 24 (a) be given-- 25 (i) at least 10 business days before the use starts; or 26 (ii) within a shorter period agreed to by the public road 27 authority in writing; and 28 Page 165

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 6 Public land [s 236] (b) state the following-- 1 (i) the public road proposed to be used; 2 (ii) the type of haulage under the use; 3 Examples of type of haulage-- 4 · vehicle type 5 · material hauled 6 (iii) the total weight of material proposed to be hauled; 7 (iv) when the use is proposed to start and end; 8 (v) the frequency of vehicle movements; 9 (vi) contact details for the holder or someone else the 10 holder has authorised to discuss the matters stated 11 in the notice. 12 236 Directions about notifiable road use 13 (1) The public road authority for a public road may, by notice, 14 give a geothermal tenure holder a direction (a road use 15 direction) about the way the holder may use the road for 16 notifiable road uses being carried out, or proposed to be 17 carried out, by the holder. 18 (2) The direction must-- 19 (a) be reasonable; and 20 (b) only be about-- 21 (i) preserving the condition of the road; or 22 (ii) the safety of road users or the public; and 23 (c) be accompanied by or include an information notice 24 about the decision to give the direction. 25 Examples of what a direction may be about-- 26 · when the road may be used 27 · the route for the movement of heavy vehicles 28 · safety precautions the holder must take 29 Page 166

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 6 Public land [s 237] (3) The direction may also require the holder to-- 1 (a) carry out an assessment of the impacts likely to arise 2 from the notifiable road use the subject of the notice; 3 and 4 (b) consult with the public road authority in carrying out the 5 assessment. 6 (4) However-- 7 (a) an assessment can not be required if the notifiable road 8 use is transport relating to a seismic survey or drilling 9 activity; and 10 (b) the public road authority can not require an assessment 11 of an impact to the extent it has already been assessed 12 under an EIS under the Environmental Protection Act or 13 a similar document under another Act. 14 237 Obligation to comply with road use directions 15 It is a condition of each geothermal tenure that its holder must 16 comply with any road use direction given to its holder relating 17 to the tenure, unless the holder has a reasonable excuse. 18 Division 2 Other public land 19 Note-- 20 For the ownership of equipment and improvements on public land see 21 part 9. 22 238 When entry notice has to be given 23 (1) This section does not apply for a notifiable road use. 24 (2) A person must not enter public land to carry out an authorised 25 activity for a geothermal tenure on public land unless-- 26 (a) the activity is an activity that may be carried out by a 27 member of the public without requiring the specific 28 approval of the public land authority for the land; or 29 Page 167

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 6 Public land [s 239] Example-- 1 travelling on a public road in the geothermal tenure's area 2 (b) the holder has, at least 30 business days before the entry, 3 given the public land authority notice under this part (an 4 entry notice) of the proposed entry; or 5 (c) the public land authority has agreed in writing that an 6 entry notice is not required and the agreement complies 7 with section 239; or 8 (d) the entry is needed to preserve life or property because 9 of a dangerous situation or emergency that exists or may 10 exist. 11 Maximum penalty--100 penalty units. 12 (3) An agreement under subsection (2)(c) is a waiver of entry 13 notice. 14 239 Waiver of entry notice 15 (1) A waiver of entry notice must-- 16 (a) be signed; and 17 (b) state the following-- 18 (i) that the public land authority has been told it is not 19 required to agree to the waiver of entry notice; 20 (ii) the authorised activities proposed to be carried out 21 on the land; 22 (iii) the period during which the land will be entered; 23 (iv) when and where the activities are proposed to be 24 carried out. 25 (2) The public land authority can not withdraw the waiver of 26 entry notice during the period. 27 (3) The waiver of entry notice ceases to have effect at the end of 28 the period. 29 Page 168

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 6 Public land [s 240] 240 Required contents of entry notice 1 (1) An entry notice must state the following-- 2 (a) the land proposed to be entered; 3 (b) the period during which the land will be entered (the 4 entry period); 5 (c) the activities proposed to be carried out on the land; 6 (d) when and where the activities are proposed to be carried 7 out; 8 (e) contact details for-- 9 (i) the relevant geothermal tenure holder; or 10 (ii) another person the holder has authorised to discuss 11 the matters stated in the notice. 12 (2) The entry period can not be longer than-- 13 (a) for a geothermal permit--6 months; or 14 (b) for a geothermal lease--1 year. 15 (3) However, for a geothermal lease the entry period may be 16 longer if the public land authority agrees in writing. 17 (4) Subject to subsections (2) and (3), an entry notice given to 1 18 public land authority for the public land may state a different 19 entry period from an entry notice given to another public land 20 authority for the public land. 21 (5) If a proposed activity is not likely to significantly disrupt 22 activities the public land authority ordinarily carries out on the 23 land, the entry notice may comply with subsection (1)(c) and 24 (d) by generally describing the nature and extent of the 25 activity. 26 241 Conditions public land authority may impose 27 (1) A public land authority may impose relevant and reasonable 28 conditions on a geothermal tenure holder, including, for 29 example, about giving the public land authority-- 30 Page 169

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 6 Public land [s 241] (a) notice of proposed entry-- 1 (i) generally--at least 2 business days before the 2 proposed entry; or 3 (ii) if the holder and the public land authority have 4 agreed to a longer or shorter period for giving the 5 notice--within the longer or shorter period; or 6 (b) notice at stated intervals of activities carried out by, or 7 for, the holder on the land. 8 (2) However, the public land authority can not impose a condition 9 that is any of the following for a condition of the geothermal 10 tenure or the relevant environmental authority (the existing 11 condition)-- 12 (a) the same as the existing condition; 13 (b) substantially the same as the existing condition; 14 (c) inconsistent with the existing condition. 15 (3) Despite subsection (2), if the public land authority is the chief 16 executive of the department in which the Nature Conservation 17 Act 1992 is administered, that chief executive may impose a 18 condition more stringent than the environmental authority's 19 conditions. 20 (4) If the public land authority decides to impose a condition 21 other than a condition agreed to or requested by the holder, it 22 must give the holder an information notice about the decision. 23 (5) In carrying out the activity, the holder must comply with the 24 conditions. 25 Maximum penalty for subsection (5)--100 penalty units. 26 Page 170

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 7 Access to land in area of particular other authorities [s 242] Part 7 Access to land in area of 1 particular other authorities 2 242 Application of pt 7 3 (1) This part applies for a geothermal tenure (the first authority) 4 for land outside its area and in the area of any of the following 5 (the second authority)-- 6 (a) another geothermal tenure; 7 (b) a petroleum tenure; 8 (c) a petroleum authority; 9 (d) a mining tenement; 10 (e) a GHG authority. 11 (2) However, if the land is also private land or public land, this 12 part does not limit part 5 or 6. 13 243 Access if second authority is a lease 14 If the second authority is a lease, the first authority holder may 15 enter the land only if-- 16 (a) the second authority holder has consented in writing to 17 the entry; and 18 (b) the first authority holder has given the chief executive a 19 notice stating that the consent has been given. 20 244 Access if second authority is not a lease 21 (1) If the second authority is not a lease, the first authority holder 22 may do the following without the second authority holder's 23 consent-- 24 (a) cross the land if it is reasonably necessary to allow the 25 first authority holder to enter the first authority's area; 26 Page 171

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 8 Compensation and negotiated access [s 245] (b) carry out activities on the land that are reasonably 1 necessary to allow the crossing of the land. 2 (2) However, a right under subsection (1) may be exercised only 3 if its exercise does not adversely affect the carrying out of an 4 authorised activity for the second authority. 5 (3) Subsection (2) applies whether or not the authorised activity 6 has already started. 7 Part 8 Compensation and negotiated 8 access 9 Division 1 Compensation other than for 10 notifiable road uses 11 Subdivision 1 Preliminary 12 245 Application of div 1 13 This division does not apply for a public land authority in 14 relation to a notifiable road use. 15 Subdivision 2 General provisions 16 246 General liability to compensate 17 (1) The holder of each geothermal tenure is liable to compensate 18 each owner or occupier of private land or public land that is in 19 the area of, or is access land for, the tenure (an eligible 20 claimant) for any compensatable effect the eligible claimant 21 suffers caused by relevant authorised activities. 22 Page 172

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 8 Compensation and negotiated access [s 247] (2) A geothermal tenure holder's liability under subsection (1) to 1 an eligible claimant is the holder's compensation liability to 2 the claimant. 3 (3) This section is subject to section 256. 4 (4) In this section-- 5 compensatable effect means all or any of the following 6 relating to the eligible claimant's land-- 7 (a) deprivation of possession of its surface; 8 (b) diminution of its value; 9 (c) diminution of the use made or that may be made of the 10 land or any improvement on it; 11 (d) severance of any part of the land from other parts of the 12 land or from other land that the eligible claimant owns; 13 (e) any cost or loss arising from the carrying out of 14 activities under the geothermal tenure on the land. 15 relevant authorised activities means authorised activities for 16 the geothermal tenure carried out by the holder or a person 17 authorised by the holder. 18 Subdivision 3 General provisions for conduct and 19 compensation agreements 20 247 Conduct and compensation agreement 21 (1) An eligible claimant and a geothermal tenure holder may 22 enter into an agreement (a conduct and compensation 23 agreement) about-- 24 (a) how and when the geothermal tenure holder may enter 25 the land for which the eligible claimant is an eligible 26 claimant; and 27 Page 173

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 8 Compensation and negotiated access [s 248] (b) how authorised activities under the geothermal tenure, 1 to the extent they relate to the eligible claimant, must be 2 carried out; and 3 (c) the holder's compensation liability to the claimant or 4 any future compensation liability that the holder may 5 have to the claimant. 6 (2) However, a conduct and compensation agreement can not be 7 inconsistent with this Act, a condition of the geothermal 8 tenure or a mandatory provision of the land access code and is 9 unenforceable to the extent of the inconsistency. 10 (3) A conduct and compensation agreement may relate to all or 11 part of the liability or future liability. 12 248 Content of conduct and compensation agreement 13 (1) A conduct and compensation agreement must-- 14 (a) provide for the matters mentioned in section 247(1); and 15 (b) be written and signed by or for the geothermal tenure 16 holder and the eligible claimant; and 17 (c) state whether it is for all or part of the compensation 18 liability; and 19 (d) if it is for only part of the compensation liability, state-- 20 (i) details of each activity or effect of the activity to 21 which the agreement relates; and 22 (ii) the period for which the agreement has effect; and 23 (e) provide for how and when the compensation liability 24 will be met. 25 (2) A conduct and compensation agreement may-- 26 (a) extend the holder's compensation liability to the 27 claimant or any future compensation liability that the 28 holder may have to the claimant to any renewal of the 29 geothermal tenure; and 30 (b) provide for-- 31 Page 174

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 8 Compensation and negotiated access [s 249] (i) monetary or non-monetary compensation; or 1 Example of non-monetary compensation-- 2 A conduct and compensation agreement may provide for 3 the construction of a road for the claimant. 4 (ii) a process by which it may be amended or enforced; 5 and 6 Example of a process for amendment-- 7 A conduct and compensation agreement may provide for 8 compensation under it to be reviewed on the happening of 9 a material change in circumstances for the geothermal 10 tenure, including a change in the extent of activities 11 required under a later development plan for a geothermal 12 lease. 13 (c) provide for any compensation that is or may be payable 14 by the holder to the eligible claimant under the 15 Environmental Protection Act. 16 (3) This section does not limit the matters that may be provided 17 for in a conduct and compensation agreement. 18 Subdivision 4 Negotiation process 19 Note-- 20 Generally, a geothermal tenure holder can not enter private land to carry 21 out an advanced activity unless the holder complies with this 22 subdivision. See sections 215 and 216. 23 249 Notice of intent to negotiate 24 (1) A geothermal tenure holder may give an eligible claimant to 25 whom the holder has a compensation liability a notice (the 26 negotiation notice) that the holder wishes to negotiate a 27 conduct and compensation agreement or a deferral agreement 28 with the eligible claimant. 29 (2) The negotiation notice must be accompanied by a copy of the 30 land access code and state all of the following-- 31 Page 175

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 8 Compensation and negotiated access [s 250] (a) if the holder wishes to negotiate a conduct and 1 compensation agreement-- 2 (i) whether the holder wishes to negotiate all or part of 3 the holder's compensation liability to the eligible 4 claimant; and 5 (ii) if the holder only wishes to negotiate part of the 6 liability--what the part is; 7 (b) if the holder wishes to negotiate a deferral 8 agreement--that wish and the reasons for it; 9 (c) the land the holder proposes to enter; 10 (d) the activities proposed to be carried out on the land; 11 (e) when and where the activities are proposed to be carried 12 out; 13 (f) if the holder is a corporation--contact details for the 14 holder and an individual the holder has authorised to 15 negotiate the agreement. 16 (3) The geothermal tenure holder must give the chief executive a 17 copy of the negotiation notice immediately after it is given. 18 Maximum penalty for subsection (3)--10 penalty units. 19 250 Negotiations 20 (1) On the giving of the negotiation notice, the geothermal tenure 21 holder and the eligible claimant (the parties) must use all 22 reasonable endeavours to negotiate a conduct and 23 compensation agreement or a deferral agreement (a relevant 24 agreement). 25 (2) The period of the negotiations-- 26 (a) must be at least 20 business days from the giving of the 27 negotiation notice (the minimum negotiation period); 28 but 29 (b) may continue for as long as the parties wish. 30 Page 176

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 8 Compensation and negotiated access [s 251] (3) If, during the minimum negotiation period, the parties enter 1 into a relevant agreement, the geothermal tenure holder can 2 not enter the relevant land to carry out advanced activities for 3 the tenure until the period ends. 4 (4) Subsection (3) applies despite the terms of the agreement. 5 251 Cooling-off during minimum negotiation period 6 (1) This section applies if the parties enter into a conduct and 7 compensation agreement or a deferral agreement during the 8 minimum negotiation period. 9 (2) Either of the parties may, within the minimum negotiation 10 period, terminate the agreement by giving notice to the other 11 party. 12 (3) On the giving of a notice under subsection (2), the terminated 13 agreement is taken never to have had any effect. 14 (4) To remove any doubt, it is declared that subsection (3) does 15 not change the time when the negotiation notice was given. 16 252 Parties may seek mediation 17 (1) This section applies if, at the end of the minimum negotiation 18 period, the parties have not entered into a conduct and 19 compensation agreement. 20 (2) Either party may ask an authorised officer to call a mediation 21 between the parties to negotiate a conduct and compensation 22 agreement. 23 (3) Chapter 7, part 1 applies to the mediation. 24 (4) However, the authorised officer must take all reasonable steps 25 to ensure the mediation is finished within 20 business days 26 after it was requested. 27 Page 177

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 8 Compensation and negotiated access [s 253] Subdivision 5 Deciding compensation through 1 Land Court 2 253 Deciding compensation through Land Court if mediation 3 not called or after unsuccessful mediation 4 (1) This section applies if, under section 252, a party has asked an 5 authorised officer to call a mediation and the officer does not 6 finish the mediation within 20 business days after receiving 7 the request. 8 (2) This section also applies if-- 9 (a) an authorised officer has, under section 252, called a 10 mediation; and 11 (b) one or both of the parties attended the mediation; and 12 (c) there is no conduct and compensation agreement 13 between the parties relating to the subject of the 14 mediation within 20 business days after the mediation 15 was called. 16 (3) An eligible party may apply to the Land Court for it to decide 17 the geothermal tenure holder's-- 18 (a) compensation liability to the claimant; or 19 (b) future compensation liability to the claimant for an 20 authorised activity for the geothermal tenure proposed 21 to be carried out by or for the holder. 22 (4) However, the Land Court may decide the liability or future 23 liability only to the extent it is not subject to a conduct and 24 compensation agreement. 25 (5) In hearing the application, the Land Court must as much as 26 practicable ensure the hearing happens together with, or as 27 closely as possible to, the hearing of any relevant 28 environmental compensation application. 29 (6) In this section-- 30 eligible party means-- 31 Page 178

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 8 Compensation and negotiated access [s 254] (a) if subsection (1) applies--any party; or 1 (b) if subsection (2) applies--a party who attended the 2 mediation. 3 relevant environmental compensation application means an 4 application to the Land Court for compensation that is or may 5 be payable by the geothermal tenure holder to the eligible 6 claimant under the Environmental Protection Act. 7 254 Land Court review of compensation 8 (1) This section applies if-- 9 (a) the compensation liability or future compensation 10 liability of a geothermal tenure holder to an eligible 11 claimant has been agreed to under a conduct and 12 compensation agreement or decided by the Land Court 13 (the original compensation); and 14 (b) there has been a material change in circumstances (the 15 change) since the agreement or decision. 16 (2) The eligible claimant or the holder may apply to the Land 17 Court for it to review the original compensation. 18 (3) In carrying out the review, the Land Court may review the 19 original compensation only to the extent it is affected by the 20 change. 21 (4) If the Land Court considers the original compensation is not 22 affected by the change, it must not carry out or continue with 23 the review. 24 (5) The Land Court may, after carrying out the review, decide to 25 confirm the original compensation or amend it in a way the 26 court considers appropriate. 27 (6) If the decision is to amend the original compensation, the 28 original compensation as amended under the decision is, for 29 this Act, taken to be the original compensation. 30 Page 179

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 8 Compensation and negotiated access [s 255] 255 Orders Land Court may make 1 (1) The Land Court may make any order it considers appropriate 2 to meet or enforce its decision on an application under this 3 part. 4 (2) Without limiting subsection (1), the Land Court may order 5 non-monetary compensation as well as monetary 6 compensation. 7 Subdivision 6 Miscellaneous provision 8 256 Compensation not affected by change in ownership or 9 occupancy 10 (1) A conduct and compensation agreement or a Land Court 11 decision under this part is for the benefit of, and is taken to 12 have been agreed to or decided for and is binding on, the 13 following-- 14 (a) the relevant eligible claimant; 15 (b) the geothermal tenure holder; 16 (c) each of their successors and assigns including 17 successors and assigns for the area of the relevant 18 geothermal tenure. 19 (2) Subsection (1) is subject to section 254. 20 Division 2 Compensation for notifiable road 21 uses 22 257 Liability to compensate public road authority 23 (1) The holder of each geothermal tenure is liable to compensate 24 the public road authority for a public road for any cost, 25 damage or loss it incurs or will incur that is or will be caused 26 by notifiable road uses carried out by the holder that relate to 27 the road. 28 Page 180

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 8 Compensation and negotiated access [s 258] Examples of a possible cost for subsection (1)-- 1 · repair costs to rectify damage to the road caused or that will be 2 caused by any of the uses 3 · capital costs for unplanned upgrades of the road incurred or that 4 will be incurred because of any of the uses 5 · bring-forward costs, including interest charges, for a planned 6 upgrade of the road that because of any of the uses is or will be 7 required earlier than planned 8 (2) The holder's liability under subsection (1) is the holder's 9 compensation liability to the public road authority. 10 (3) The compensation liability-- 11 (a) applies whether or not the holder has, under section 235, 12 given notice of the use; and 13 (b) is subject to section 263; and 14 (c) is in addition to and does not limit or otherwise affect 15 the holder's liability under another provision of this Act 16 about compensating the public road authority or anyone 17 else. 18 258 Compensation agreement 19 (1) A geothermal tenure holder and the public road authority for a 20 public road may enter into an agreement (a compensation 21 agreement) about the holder's compensation liability to the 22 public road authority relating to the road. 23 (2) A compensation agreement may relate to all or part of the 24 liability. 25 (3) A compensation agreement must-- 26 (a) be signed by or for the holder and the public road 27 authority; and 28 (b) state whether it is for all or part of the liability; and 29 (c) if it is for only part of the liability, state-- 30 Page 181

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 8 Compensation and negotiated access [s 259] (i) each part of the notifiable road use to which the 1 agreement relates; and 2 (ii) the period for which the agreement has effect; and 3 (d) provide for how and when the liability will be met. 4 (4) A compensation agreement may-- 5 (a) extend the holder's compensation liability to the public 6 road authority relating to the road to any renewal of the 7 geothermal tenure; and 8 (b) provide for-- 9 (i) monetary or non-monetary compensation; or 10 (ii) a process by which it may be amended or enforced. 11 Example for paragraph (b)-- 12 A compensation agreement may provide for compensation under 13 it to be reviewed on the happening of a material change in 14 circumstances for the geothermal tenure, including a significant 15 decrease or increase in the extent of the relevant notifiable road 16 use. 17 (5) Subsections (2) to (4) do not limit the matters that may be 18 provided for in a compensation agreement. 19 259 Deciding compensation through Land Court 20 (1) The public road authority for a public road or a geothermal 21 tenure holder may apply to the Land Court for it to decide the 22 holder's compensation liability to the public road authority 23 relating to the road. 24 (2) The Land Court may decide the compensation liability only to 25 the extent it is not subject to a compensation agreement. 26 (3) In making the decision, the Land Court may have regard to 27 whether the applicant has attempted to mediate or negotiate 28 the compensation liability. 29 Page 182

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 8 Compensation and negotiated access [s 260] 260 Criteria for decision 1 (1) The criteria the Land Court must consider in deciding a 2 compensation application include-- 3 (a) the reasonableness of the cost, damage or loss claimed; 4 and 5 (b) if the public road authority is a local government--the 6 extent to which the cost, damage or loss claimed has 7 been, will be or ought reasonably to be or to have been 8 paid from-- 9 (i) amounts the geothermal tenure holder has paid or 10 agreed to pay the public road authority for 11 notifiable road uses; or 12 (ii) rates and charges under the Local Government Act 13 2009 paid or payable by the geothermal tenure 14 holder to the public road authority; and 15 (c) any other relevant matter. 16 (2) In considering the reasonableness of any cost, damage or loss 17 claimed, the Land Court must have regard to-- 18 (a) any action taken or proposed by the geothermal tenure 19 holder to, or to attempt to, avoid, minimise or remedy 20 the cost, damage or loss; and 21 (b) any relevant act or omission of the public road authority. 22 (3) Subsection (1)(b)(ii) applies whether or not the rates and 23 charges relate to notifiable road uses. 24 261 Land Court review of compensation 25 (1) This section applies if-- 26 (a) the compensation liability or future compensation 27 liability of a geothermal tenure holder to a public road 28 authority has been agreed to under a compensation 29 agreement or decided by the Land Court (the original 30 compensation); and 31 Page 183

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 8 Compensation and negotiated access [s 262] (b) there has been a material change in circumstances since 1 the agreement or decision. 2 Example of a material change in circumstances-- 3 a significant decrease or increase in the extent of the relevant 4 notifiable road use 5 (2) The public road authority or geothermal tenure holder may 6 apply to the Land Court for it to review the original 7 compensation. 8 (3) Sections 259 and 260 apply for the review as if the application 9 were a compensation application. 10 (4) The Land Court may, after carrying out the review, decide to 11 confirm the original compensation or amend it in a way the 12 court considers appropriate. 13 (5) However, before making the decision, the Land Court must 14 have regard to-- 15 (a) the original compensation; and 16 (b) whether the applicant has attempted to mediate or 17 negotiate an amendment of the original compensation; 18 and 19 (c) any change in the matters mentioned in section 260(1) 20 since the original compensation was agreed or decided. 21 (6) If the decision is to amend the original compensation, the 22 original compensation as amended under the decision is, for 23 this Act, taken to be the original compensation. 24 262 Compensation to be addressed before carrying out 25 notifiable road use 26 (1) It is a condition of each geothermal tenure that its holder must 27 not carry out a notifiable road use on a public road unless-- 28 (a) the holder and the relevant public road authority have 29 signed a compensation agreement for the use; or 30 (b) the public road authority has given written consent to 31 the carrying out of the use; or 32 Page 184

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 9 Ownership of equipment and improvements [s 263] (c) a compensation application has been made to decide the 1 holder's compensation liability to the public road 2 authority relating to the road. 3 (2) A consent under subsection (1)(b) may be given for any 4 renewal of the geothermal tenure. 5 263 Compensation not affected by change in administration 6 or holder 7 (1) An agreement or decision under this part about compensation 8 liability is binding on-- 9 (a) the relevant public road authority; and 10 (b) the relevant geothermal tenure holder; and 11 (c) each of their personal representatives, successors and 12 assigns. 13 (2) Subsection (1) is subject to section 261. 14 Part 9 Ownership of equipment and 15 improvements 16 264 Application of pt 9 17 (1) This part applies if-- 18 (a) equipment or improvements are taken onto or 19 constructed or placed on land in a geothermal tenure's 20 area; and 21 (b) the equipment or improvements were taken onto or 22 constructed or placed on the land for use for an 23 authorised activity for the geothermal tenure; and 24 (c) the geothermal tenure continues in force. 25 (2) However, this part is subject to part 14. 26 Page 185

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 9 Ownership of equipment and improvements [s 265] Editor's note-- 1 part 14 (Enforcement of end of tenure and area reduction obligations) 2 (3) In this section-- 3 equipment includes machinery and plant. 4 improvements-- 5 (a) does not include a geothermal well; but 6 (b) does include any works constructed in connection with a 7 geothermal well. 8 265 Ownership of equipment and improvements 9 (1) While the equipment or improvements are on the land they 10 remain the property of the person who owned them 11 immediately before they were taken onto or constructed or 12 placed on the land, unless that person otherwise agrees. 13 Note-- 14 See, however, section 354 (Obligation to remove equipment and 15 improvements). 16 (2) However, for a geothermal well, subsection (1) is subject to 17 part 3, division 2. 18 Editor's note-- 19 part 3, division 2 (Decommissioning of geothermal wells) 20 (3) Subsection (1) applies despite-- 21 (a) the plant or equipment having become part of the land; 22 or 23 (b) the sale or other disposal of the land of which the plant 24 or equipment has become a part. 25 (4) The equipment or improvements can not be-- 26 (a) levied or seized in execution; or 27 (b) sold in exercise of a power of sale or otherwise disposed 28 of by a process under a law of a State taken against the 29 holder or the owner of the land. 30 Page 186

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 10 Geothermal register [s 266] (5) This section applies despite-- 1 (a) an Act or law of a State; or 2 (b) a contract, covenant or claim of right under a law of a 3 State. 4 Part 10 Geothermal register 5 266 Geothermal register 6 The chief executive must keep a register of details about the 7 following-- 8 (a) restricted areas; 9 (b) excluded land; 10 (c) geothermal tenures; 11 (d) geothermal coordination arrangements; 12 (e) dealings with geothermal authorities. 13 267 Keeping of register 14 (1) The chief executive must include in the geothermal register 15 the information prescribed under a regulation. 16 (2) The chief executive may also keep in the register information 17 the chief executive considers appropriate about matters 18 relating to this Act or another resource Act. 19 (3) If under this Act, there is a change relating to information 20 required to be kept in the register or to information that, under 21 subsection (2), the chief executive keeps in the register, the 22 chief executive must-- 23 (a) amend the register to reflect the change; and 24 (b) record in the register-- 25 Page 187

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 10 Geothermal register [s 268] (i) when the information was amended; and 1 (ii) for a dealing--when it took effect under section 2 275(2). 3 (4) For subsection (3), if the change requires approval under this 4 Act, the change happens when the approval takes effect. 5 268 Access to register 6 (1) The chief executive must-- 7 (a) keep the geothermal register open for inspection by the 8 public during office hours on business days at the places 9 the chief executive considers appropriate; and 10 (b) allow a person, on payment of the fee prescribed under a 11 regulation, to search and take extracts from the register; 12 and 13 (c) give a person who asks for a copy of all or part of a 14 document or information held in the register the copy on 15 payment of the fee prescribed under a regulation. 16 (2) This section is subject to section 269. 17 269 Arrangements with other departments for copies from 18 geothermal register 19 (1) Despite section 268, the chief executive may enter into an 20 arrangement with another department allowing it to carry out 21 a search of, take extracts from or obtain a copy of particulars 22 recorded in the geothermal register without payment of the 23 fees prescribed under section 268. 24 (2) However, the chief executive may enter into an arrangement 25 under subsection (1) only if the chief executive is reasonably 26 satisfied the information obtained from the copy will not be-- 27 (a) used for a commercial purpose, including, for example, 28 the marketing or sale of the information or other 29 information; or 30 Page 188

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 10 Geothermal register [s 270] (b) included in another database of information in any form 1 other than with chief executive's approval. 2 270 Supply of statistical data from geothermal register 3 (1) The chief executive may enter into an agreement to supply 4 statistical data derived from instruments or information kept 5 in the geothermal register. 6 (2) If the chief executive supplies statistical data under subsection 7 (1)-- 8 (a) the fees and charges applying for the supply of the data 9 are the fees and charges provided for in the agreement; 10 and 11 (b) without limiting paragraph (a), the agreement may also 12 state-- 13 (i) how the fees and charges are to be calculated; and 14 (ii) how payment of the fees and charges is to be made. 15 (3) Without limiting subsection (1), an agreement for the supply 16 of statistical data may limit the use to which the data supplied 17 may be put. 18 (4) An agreement for the supply of statistical data must include-- 19 (a) a provision allowing the chief executive to exclude 20 particulars from data supplied under the agreement if 21 the chief executive is satisfied on reasonable grounds 22 that inclusion of the particulars may result in the 23 particulars being inappropriately disclosed or used; and 24 (b) a provision allowing the chief executive to prohibit 25 disclosure or to limit distribution or use of data supplied 26 under the agreement. 27 (5) An agreement under this section must not provide for the 28 obtaining of information or anything else that may be 29 obtained under section 268. 30 Page 189

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 10 Geothermal register [s 271] (6) The chief executive must exclude geothermal tenure 1 particulars and personal information from data supplied under 2 the agreement. 3 (7) Subsection (6) applies despite anything in the agreement. 4 (8) In this section-- 5 geothermal tenure particulars means particulars from any 6 instrument or information kept by the chief executive that may 7 allow a person to identify a geothermal tenure to which the 8 instrument or information relates. 9 personal information means particulars from any instrument 10 or information kept by the chief executive that may allow a 11 person to identify a person to whom the instrument or 12 information relates. 13 271 Chief executive may correct register 14 (1) The chief executive may correct the geothermal register if 15 satisfied-- 16 (a) the register is incorrect; and 17 (b) the correction will not prejudice the rights recorded in 18 the register of a geothermal tenure holder, a person who 19 holds an interest in a geothermal tenure or a person who 20 is a party to a geothermal coordination arrangement. 21 (2) The power to correct includes power to correct information in 22 the register or a document forming part of the register. 23 (3) If the register is corrected, the chief executive must record in 24 it-- 25 (a) the state of the register before the correction; and 26 (b) the time, date and circumstances of the correction. 27 (4) A correction under this section has the same effect as if the 28 relevant error had not been made. 29 (5) For subsection (1)(b), a right is not prejudiced if the relevant 30 person acquired or has dealt with the right with actual or 31 Page 190

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 11 Dealings [s 272] constructive knowledge that the register was incorrect and 1 how it was incorrect. 2 Part 11 Dealings 3 Division 1 Preliminary 4 272 What is a dealing with a geothermal tenure 5 (1) Each of the following is a dealing with a geothermal tenure-- 6 (a) a transfer of a geothermal tenure or of a share in a 7 geothermal tenure; 8 (b) a mortgage of a geothermal tenure or of a share in a 9 geothermal tenure; 10 (c) a release, transfer or surrender of a mortgage mentioned 11 in paragraph (b); 12 (d) a sublease or an acquisition of a share in a sublease; 13 (e) a transfer of a sublease share mentioned in paragraph 14 (d); 15 (f) a change to a geothermal tenure holder's name even if 16 the holder continues to be the same person after the 17 change. 18 (2) However, a dealing with a geothermal tenure does not include 19 a prohibited dealing mentioned in section 273(1). 20 (3) In this section-- 21 transfer includes-- 22 (a) a transmission by death; and 23 (b) a transfer by operation of law. 24 Page 191

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 11 Dealings [s 273] Example for paragraph (b)-- 1 A geothermal tenure is held by individuals as joint tenants and 2 one of them dies. A transfer of the tenure includes a record of the 3 death to record the passing by survivorship of the deceased 4 holder's share of the tenure to the other holders. 5 273 Prohibited dealings 6 (1) A dealing having the effect of transferring a divided part of 7 the area of a geothermal tenure is prohibited. 8 Examples of a divided part of the area of a geothermal tenure-- 9 · a specific part of the surface of the area 10 · a specific strata beneath the surface of the area 11 (2) A dealing or transfer prohibited under subsection (1) is of no 12 effect. 13 274 What is a third party transfer 14 A third party transfer, of a geothermal tenure, is a transfer of 15 a geothermal tenure or of a share in a geothermal tenure other 16 than-- 17 (a) a transfer under which-- 18 (i) the proposed transferee is someone who holds the 19 same ABN as any proposed transferor; or 20 (ii) all of one holder's share in the geothermal tenure 21 will be transferred to another holder of the tenure; 22 or 23 (b) a transmission by death; or 24 (c) a transfer by operation of law. 25 Page 192

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 11 Dealings [s 275] Division 2 Registration of dealings generally 1 275 Registration required for all dealings 2 (1) A dealing with a geothermal tenure has no effect until it has 3 been registered. 4 (2) A registered dealing takes effect on-- 5 (a) for a third party transfer--the day the transfer was 6 finished; or 7 (b) otherwise--the day the dealing was given to the chief 8 executive for registration. 9 276 Approval requirement for third party transfer or sublease 10 A dealing that is a third party transfer or sublease can not be 11 registered unless an application has been made under division 12 3 for approval of the dealing and the approval has been given. 13 277 Obtaining registration other than third party transfer or 14 sublease 15 (1) Registration of a dealing other than a third party transfer or 16 sublease may be sought only by giving the chief executive 17 notice of the dealing in the approved form. 18 (2) The form must be accompanied by the fee prescribed under a 19 regulation. 20 278 Effect of approval and registration 21 The registration of a dealing or the giving of an approval 22 under division 3 for a dealing does not of itself give the 23 dealing any more effect or validity than it would have had, had 24 section 275 not been enacted. 25 Page 193

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 11 Dealings [s 279] Division 3 Approval of third party transfers 1 and subleases 2 279 Who may apply 3 (1) Any party to a third party transfer or sublease may apply for 4 approval and registration of the transfer or sublease. 5 (2) However, the application can not be made if the proposed 6 transferee or sublessee is not an eligible person. 7 280 Requirements for application 8 (1) The application must be-- 9 (a) made to the Minister in the approved form; and 10 (b) accompanied by-- 11 (i) if the relevant geothermal tenure or interest is 12 subject to a mortgage--the mortgagee's consent; 13 and 14 (ii) the fee prescribed under a regulation. 15 (2) Also, if the application relates to a sublease, the application 16 must-- 17 (a) be accompanied by a plan of survey for the sublease; 18 and 19 (b) state-- 20 (i) the authorised activities for the relevant geothermal 21 lease that are proposed to be carried out under the 22 sublease; and 23 (ii) information that addresses the capability criteria 24 for geothermal leases for authorised activities. 25 Page 194

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 11 Dealings [s 281] 281 Deciding application 1 (1) The Minister must decide whether or not to approve and 2 register the third party transfer or sublease. 3 (2) The approval may be given only if-- 4 (a) the proposed transferee or sublessee-- 5 (i) continues to be an eligible person; and 6 (ii) is a holder of the relevant environmental authority 7 and any relevant Water Act authorisation; and 8 (b) either-- 9 (i) any financial assurance required under the 10 Environmental Protection Act for the 11 environmental authority has been given; or 12 (ii) the administering authority under that Act has 13 given the Minister notice that it has not required 14 financial assurance under that Act from the 15 proposed transferee or sublessee for the 16 environmental authority; and 17 (c) for a sublease-- 18 (i) the authorised activities for the relevant geothermal 19 lease proposed to be carried out under the sublease 20 are not inconsistent with the lease; and 21 (ii) the Minister has approved the plan of survey 22 accompanying the application. 23 (3) In making the decision, the Minister must consider the 24 relevant criteria under chapter 2 or 3 for obtaining the relevant 25 type of geothermal tenure. 26 282 Security may be required 27 (1) The Minister may, as a condition of deciding to give the 28 approval, require the proposed transferee or sublessee to give, 29 under section 203, security for the geothermal tenure as if the 30 Page 195

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 12 Renewals [s 283] proposed transferee or sublessee were an applicant for the 1 tenure. 2 (2) If the proposed transferee or sublessee does not comply with 3 the requirement, the approval may be refused. 4 283 Information notice about refusal 5 If the Minister decides not to give the approval, the Minister 6 must give the applicant an information notice about the 7 decision. 8 Part 12 Renewals 9 284 General conditions for renewal application 10 (1) A geothermal tenure holder may apply to renew the tenure 11 only if none of the following is outstanding by the holder-- 12 (a) annual rent for any geothermal tenure; 13 (b) a civil penalty under section 130 for nonpayment of 14 annual rent; 15 (c) security required for any geothermal tenure, as required 16 under section 203; 17 (d) interest payable under section 365 on annual rent or a 18 civil penalty; 19 (e) geothermal royalty. 20 (2) Also, the application can not be made-- 21 (a) more than 60 business days before the geothermal 22 tenure's term ends; or 23 (b) after the geothermal tenure has ended; or 24 (c) if the area the subject of the application is more than the 25 area of the geothermal tenure sought to be renewed 26 Page 196

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 12 Renewals [s 285] immediately before the renewed geothermal tenure is to 1 take effect. 2 285 Restriction on applying for renewal of geothermal permit 3 A geothermal permit holder can not apply to renew the permit 4 for a proposed term ending later than 15 years after the permit 5 originally took effect. 6 286 Requirements for making application 7 The application must-- 8 (a) be made to the Minister in the approved form; and 9 (b) include the following for the renewed geothermal 10 tenure-- 11 (i) for a geothermal permit--a proposed later work 12 program complying with the later work program 13 requirements; 14 (ii) for a geothermal lease--a proposed later 15 development plan complying with the later 16 development plan requirements; and 17 (c) be accompanied by-- 18 (i) the application fee prescribed under a regulation; 19 and 20 (ii) if the application is made less than 20 business 21 days before the end of the geothermal tenure's 22 term--an amount that is 10 times the application 23 fee. 24 287 Continuing effect of geothermal tenure for renewal 25 application 26 (1) This section applies if, before the application is decided, the 27 geothermal tenure's term ends. 28 Page 197

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 12 Renewals [s 288] (2) Despite the ending of the term, the geothermal tenure 1 continues in force until the earlier of the following happens-- 2 (a) any renewed term of the geothermal tenure starts; 3 (b) a refusal of the application takes effect; 4 (c) the application is withdrawn; 5 (d) the geothermal tenure is cancelled under this Act. 6 (3) Subsections (4) and (5) also apply if-- 7 (a) the geothermal tenure is a geothermal permit; and 8 (b) the applicant has applied for a declaration of a potential 9 geothermal commercial area for the geothermal permit. 10 (4) The geothermal permit continues in force until the declaration 11 application is decided but only for the area of the proposed 12 potential geothermal commercial area applied for. 13 (5) The evaluation program included in the declaration 14 application is taken to be the work program for the geothermal 15 permit. 16 (6) If the geothermal tenure is renewed, subsections (2) and (4) 17 are taken never to have applied for the period from the end of 18 the term of the geothermal tenure being renewed as stated in 19 that tenure. 20 288 Deciding application 21 (1) The Minister may grant or refuse the renewal. 22 (2) However-- 23 (a) before deciding to grant the renewal, the Minister must 24 decide whether to approve the following for the renewed 25 geothermal tenure-- 26 (i) for a renewed geothermal permit--the applicant's 27 proposed work program; 28 (ii) for a renewed geothermal lease--the applicant's 29 proposed development plan; and 30 Page 198

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 12 Renewals [s 288] (b) the renewal can not be granted unless-- 1 (i) the proposed program or plan has been approved; 2 and 3 (ii) the applicant satisfies the capability criteria; and 4 (iii) the Minister is satisfied the applicant has 5 substantially complied with the geothermal tenure 6 being renewed; and 7 (iv) the relevant environmental authority has been 8 issued; and 9 (v) any relevant Water Act authorisation has been 10 issued. 11 (3) Also, if-- 12 (a) the geothermal tenure is a geothermal permit; and 13 (b) the applicant has been given a notice under section 72 to 14 apply for a geothermal lease; 15 the renewal application must not be decided until the issue of 16 whether a geothermal lease will be granted is decided. 17 (4) Subsection (3) does not limit the power under section 73 to 18 take a proposed action as stated in the notice. 19 (5) The Minister may, as a condition of deciding to grant the 20 application, require the applicant to do either or both of the 21 following within a stated reasonable period-- 22 (a) pay the annual rent for the first year of the renewed 23 geothermal tenure; 24 (b) give, under section 203, security for the renewed 25 geothermal tenure. 26 (6) If the applicant does not comply with the requirement, the 27 Minister may refuse the application. 28 Page 199

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 12 Renewals [s 289] 289 Provisions and term of renewed geothermal permit 1 (1) This section, as well as section 291, applies if the Minister 2 decides to grant the renewal and the geothermal tenure is a 3 geothermal permit. 4 (2) Subject to this section and section 291, section 40 applies to 5 the renewed geothermal permit as if it were a geothermal 6 permit decided to be granted under chapter 2. 7 (3) The renewed geothermal permit's term can not be-- 8 (a) more than 5 years; or 9 (b) for a term ending more than 15 years after the permit 10 originally took effect. 11 (4) However, if any part of the renewed geothermal permit's area 12 is a potential geothermal commercial area, its term for that 13 part may be for a longer period that-- 14 (a) ends no later than when the declaration of the potential 15 geothermal commercial area ends; and 16 (b) is no more than the last term of the geothermal permit 17 being renewed. 18 (5) To remove any doubt, it is declared that subsection (4)(b) does 19 not prevent a renewal of the renewed geothermal tenure. 20 290 Provisions of renewed geothermal lease 21 (1) This section, as well as section 291, applies if the Minister 22 decides to grant the renewal and the geothermal tenure is a 23 geothermal lease. 24 (2) Subject to this section and section 291, section 82 applies to 25 the renewed geothermal tenure as if it were a geothermal lease 26 decided to be granted under chapter 3. 27 (3) The renewed lease's term must not be more than 20 years. 28 Page 200

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 12 Renewals [s 291] 291 Additional provisions for term of any renewed 1 geothermal tenure 2 (1) The renewed geothermal tenure's conditions may be different 3 from the conditions or other provisions of the geothermal 4 tenure being renewed. 5 (2) If the renewed geothermal tenure is decided before the end of 6 the term of the geothermal tenure being renewed as stated in 7 that tenure (the previous term), the term of the renewed 8 geothermal tenure is taken to start from the end of the 9 previous term. 10 (3) If the renewed geothermal tenure is decided after the previous 11 term, the term of the renewed geothermal tenure starts 12 immediately after the end of the previous term, but-- 13 (a) the renewed geothermal tenure's conditions do not start 14 until its holder is given notice of them; and 15 (b) until the notice is given, the conditions of the 16 geothermal tenure being renewed apply to the renewed 17 geothermal tenure as if they were its conditions. 18 292 Criteria for decisions 19 In deciding whether to grant the renewal, or deciding the 20 provisions of the renewed geothermal tenure, the Minister 21 must consider-- 22 (a) for a renewed geothermal permit--the work program 23 criteria; and 24 (b) for a renewed geothermal lease--the development plan 25 criteria; and 26 (c) whether the applicant continues to satisfy the capability 27 criteria. 28 Page 201

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 13 Surrenders [s 293] 293 Information notice about refusal 1 If the Minister decides to refuse the application, the Minister 2 must give the applicant an information notice about the 3 decision. 4 294 When refusal takes effect 5 (1) A refusal of the application takes effect at the end of the 6 appeal period for the decision to refuse. 7 (2) Subsection (1) applies subject to section 332 and any decision 8 of the Land Court under section 334 relating to the decision to 9 refuse. 10 Part 13 Surrenders 11 295 Requirements for surrender 12 (1) A geothermal tenure holder may surrender all or part of the 13 tenure's area only if, under this part-- 14 (a) an application (a surrender application) has been made 15 for approval of the surrender; and 16 (b) the surrender has been approved. 17 (2) In this section-- 18 surrender does not include a relinquishment of an area if the 19 relinquishment is required or authorised under-- 20 (a) the relinquishment condition; or 21 (b) a penalty relinquishment. 22 296 Requirements for making surrender application 23 (1) A surrender application must be-- 24 Page 202

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 13 Surrenders [s 297] (a) made to the Minister in the approved form; and 1 (b) accompanied by the fee prescribed under a regulation. 2 (2) A surrender application must also be accompanied by a report 3 by the applicant about-- 4 (a) the authorised activities for the geothermal tenure 5 carried out on the area the subject of the application; and 6 (b) the results of the activities; and 7 (c) any other information prescribed under a regulation. 8 Maximum penalty for subsection (2)--150 penalty units. 9 297 Deciding application 10 (1) The Minister may approve a surrender only if-- 11 (a) up to the day the application was made, the holder had 12 submitted all reports required to be submitted under this 13 Act; and 14 (b) for a surrender of all of the area of the geothermal 15 tenure--all of the relevant environmental authority has 16 been cancelled or surrendered; and 17 (c) for a surrender of part of the area of the geothermal 18 tenure--the relevant environmental authority has been 19 amended or partially surrendered in a way that reflects 20 the partial surrender of the tenure; and 21 (d) all geothermal wells in the geothermal tenure's area 22 have been decommissioned in the way required under 23 section 199. 24 (2) In deciding whether to give the approval, the Minister must 25 consider the extent to which the applicant has complied with 26 the geothermal tenure's conditions. 27 (3) If the application is for part of the area of the geothermal 28 tenure, the surrender may be approved subject to the 29 applicant's written agreement to the Minister amending the 30 Page 203

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 14 Enforcement of end of tenure and area reduction obligations [s 298] conditions applying to the rest of the area of the tenure in a 1 stated way the Minister considers appropriate. 2 298 Notice and taking effect of decision 3 (1) If the Minister decides to approve a surrender, the Minister 4 must give the applicant notice of the decision. 5 (2) The surrender takes effect on the day after the decision is 6 made. 7 (3) If the Minister decides to refuse a surrender, the Minister must 8 give the applicant an information notice about the decision. 9 Part 14 Enforcement of end of tenure 10 and area reduction obligations 11 299 Power of authorised person to ensure compliance 12 (1) This section applies if the holder, or former holder, of a 13 geothermal tenure has not complied with any of the following 14 relating to land that was in the former tenure's area (the 15 primary land)-- 16 (a) a requirement under section 199 or 354 relating to the 17 land; 18 (b) a requirement under an environmental requirement 19 under the Environmental Protection Act to conduct 20 work on the land. 21 Editor's note-- 22 section 199 (Obligation to decommission) or 354 (Obligation to remove 23 equipment and improvements) 24 (2) A person authorised (the authorised person) by the chief 25 executive may, by complying with section 300, exercise the 26 following powers (remedial powers)-- 27 Page 204

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 14 Enforcement of end of tenure and area reduction obligations [s 300] (a) enter the primary land and do all things necessary to 1 ensure the requirement is complied with; 2 (b) enter any other land (secondary land) necessary or 3 desirable to cross for access to the primary land. 4 (3) However, remedial powers do not include power to enter a 5 structure or a part of a structure used for residential purposes 6 without the consent of the occupier of the structure or part of 7 the structure. 8 (4) The authorisation under subsection (2)-- 9 (a) must be written; and 10 (b) may be given on conditions the chief executive 11 considers appropriate. 12 300 Requirements for entry to ensure compliance 13 (1) Remedial powers may be exercised for the primary or 14 secondary land under section 299 only if a following person is 15 given notice of the proposed entry at least 10 business days 16 before the proposed entry-- 17 (a) if the land has an occupier--any occupier of the land; 18 (b) if the land does not have an occupier--its owner. 19 (2) The notice must-- 20 (a) identify the authorised person; and 21 (b) describe the land; and 22 (c) state-- 23 (i) that the authorised person has under this section, 24 been authorised to enter the land; and 25 (ii) the purpose of the entry; and 26 (iii) the period of the entry. 27 (3) The chief executive may approve the giving of the notice by 28 publishing it in a stated way. 29 Page 205

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 14 Enforcement of end of tenure and area reduction obligations [s 301] (4) The chief executive may give the approval only if satisfied the 1 publication is reasonably likely to adequately inform the 2 person to whom the notice is required to be given of the 3 proposed entry. 4 (5) If the authorised person intends to enter the land and any 5 occupier of the land is present at the land, the person also 6 must show or make a reasonable attempt to show the occupier 7 the person's authorisation under this section. 8 301 Duty to avoid damage in exercising remedial powers 9 In exercising remedial powers, a person must take all 10 reasonable steps to ensure the person causes as little 11 inconvenience, and does as little damage, as is practicable. 12 302 Notice of damage because of exercise of remedial powers 13 (1) If a person exercising remedial powers damages land or 14 something on it, the person must give the owner and any 15 occupier of the land notice of the damage. 16 (2) If for any reason it is not practicable to comply with 17 subsection (1), the person must-- 18 (a) leave the notice at the place where the damage 19 happened; and 20 (b) ensure it is left in a conspicuous place and in a 21 reasonably secure way. 22 (3) The notice must state-- 23 (a) particulars of the damage; and 24 (b) that the owner or occupier may claim compensation 25 under section 303 from the State. 26 Page 206

 


 

Geothermal Energy Bill 2010 Chapter 6 General provisions for geothermal tenures Part 14 Enforcement of end of tenure and area reduction obligations [s 303] 303 Compensation for exercise of remedial powers 1 (1) This section applies if an owner or occupier of land (the 2 claimant) suffers a cost, damage or loss because of the 3 exercise or purported exercise of remedial powers. 4 (2) Compensation is payable to the claimant by the State for the 5 cost, damage or loss. 6 (3) The compensation may be claimed and ordered in a 7 proceeding brought in a court with jurisdiction for the 8 recovery of the amount of compensation claimed. 9 (4) The court may order the compensation only if it is satisfied it 10 is just to make the order in the circumstances of the particular 11 case. 12 304 Ownership of thing removed in exercise of remedial 13 powers 14 (1) This section applies if-- 15 (a) remedial powers are exercised for land; and 16 (b) in the exercise of the powers a thing is removed from the 17 land; and 18 (c) immediately before the removal, the thing was the 19 property of-- 20 (i) the holder or former holder of a geothermal tenure 21 about whom the powers were exercised; or 22 (ii) an agent of or contractor for the holder. 23 (2) On the removal, the thing becomes the property of the State. 24 (3) The State may deal with the thing as it considers appropriate, 25 including, for example, by destroying it or giving it away. 26 (4) The chief executive may deal with the thing for the State. 27 (5) If the State sells the thing, the State may, after deducting the 28 costs of the sale, return the net proceeds of the sale to the 29 former owner of the thing. 30 Page 207

 


 

Geothermal Energy Bill 2010 Chapter 7 Mediation, enforcement, offences and proceedings Part 1 Mediation with eligible claimants or owners and occupiers [s 305] 305 Recovery of costs of and compensation for exercise of 1 remedial power 2 (1) The State may recover from the responsible person as a debt 3 any-- 4 (a) reasonable costs the State or an authorised person under 5 section 299 incurs in exercising a remedial power; and 6 (b) compensation payable by the State under section 303 for 7 the exercise of the remedial power. 8 (2) However, in any proceeding to recover the costs, any relevant 9 net proceeds of sale mentioned in section 304 must be 10 deducted from the amount claimed for the costs. 11 (3) In this section-- 12 relevant net proceeds of sale means the net proceeds of sale 13 under which the thing sold was the property of the responsible 14 person immediately before its removal under section 304. 15 responsible person means the holder or former holder of the 16 geothermal tenure about whom the remedial powers were 17 exercised. 18 Chapter 7 Mediation, enforcement, 19 offences and proceedings 20 Part 1 Mediation with eligible 21 claimants or owners and 22 occupiers 23 306 Application of pt 1 24 This part applies if-- 25 Page 208

 


 

Geothermal Energy Bill 2010 Chapter 7 Mediation, enforcement, offences and proceedings Part 1 Mediation with eligible claimants or owners and occupiers [s 307] (a) under section 252, an authorised officer is asked by a 1 geothermal tenure holder or an eligible claimant to call a 2 mediation; or 3 (b) an owner or occupier of land in a geothermal tenure's 4 area gives an authorised officer a notice stating concerns 5 about the way in which authorised activities for the 6 tenure are being carried out on the land; or 7 (c) a geothermal tenure holder gives an authorised officer a 8 notice stating concerns about the activities of an owner 9 or occupier of land in the tenure's area; or 10 (d) for another reason an authorised officer has concerns 11 about the relationship between a geothermal tenure 12 holder and an owner or occupier of land in the tenure's 13 area. 14 307 Mediation may be called 15 (1) If section 306(a) applies, the authorised officer must, by 16 notice, ask the geothermal tenure holder and the eligible 17 claimant (the parties) to attend a mediation by the authorised 18 officer about negotiating a conduct and compensation 19 agreement. 20 (2) If section 306(b), (c) or (d) applies, the authorised officer may, 21 by notice, ask the geothermal tenure holder and the owner or 22 occupier (also the parties) to attend a mediation by the 23 authorised officer about the concerns. 24 (3) The notice must state what the subject of the mediation is and 25 when and where it will be held. 26 308 Who may attend mediation 27 (1) Apart from the authorised officer, anyone given notice of the 28 mediation may attend it. 29 (2) A party may be represented by an agent only if the authorised 30 officer agrees. 31 Page 209

 


 

Geothermal Energy Bill 2010 Chapter 7 Mediation, enforcement, offences and proceedings Part 1 Mediation with eligible claimants or owners and occupiers [s 309] (3) However, a party can not be represented by a lawyer unless 1 the parties agree and the authorised officer is satisfied there is 2 no disadvantage to a party. 3 309 What happens if a party does not attend 4 (1) This section applies if a party given notice of the mediation 5 does not attend. 6 (2) For the purpose of applying to the Land Court under section 7 253, the mediation is taken to have been conducted. 8 (3) A party who attended the mediation may apply to the Land 9 Court for an order requiring the party who did not attend to 10 pay the attending party's reasonable costs of attending. 11 (4) The Land Court must not order the party who did not attend to 12 pay costs if it is satisfied the party had a reasonable excuse for 13 not attending. 14 (5) If the Land Court makes the order, it must decide the amount 15 of the costs. 16 310 Conduct of mediation 17 (1) In conducting the mediation, the authorised officer must 18 endeavour to help those attending to reach an early and 19 inexpensive settlement of the subject of the mediation. 20 (2) Subject to section 252, the authorised officer is to decide how 21 the mediation is to be conducted. 22 311 Statements made at mediation 23 Nothing said by a person at the mediation is admissible, 24 without the person's consent, in a proceeding. 25 Page 210

 


 

Geothermal Energy Bill 2010 Chapter 7 Mediation, enforcement, offences and proceedings Part 2 Noncompliance action for geothermal tenures [s 312] 312 Mediated agreement 1 (1) If, at the mediation, the parties negotiate an agreement about 2 the concerns the subject of the mediation, the agreement must 3 be written and signed by or for the parties. 4 (2) The agreement-- 5 (a) may be a conduct and compensation agreement or an 6 amendment of an existing conduct and compensation 7 agreement between the parties; and 8 (b) has the same effect as any other compromise. 9 Part 2 Noncompliance action for 10 geothermal tenures 11 Division 1 Preliminary 12 313 Operation of div 1 13 (1) This division provides a process for noncompliance action 14 against a geothermal tenure holder. 15 (2) The power to take noncompliance action under this part does 16 not limit a power as follows (the other power)-- 17 (a) the power under chapter 6, part 4 to require new or 18 additional security; 19 (b) a power under another provision of this Act to amend 20 the geothermal tenure; 21 (c) the power under the P&G Act to give compliance 22 direction. 23 (3) The other power does not limit the power to take 24 noncompliance action. 25 (4) Noncompliance action may be taken when the other power is 26 exercised. 27 Page 211

 


 

Geothermal Energy Bill 2010 Chapter 7 Mediation, enforcement, offences and proceedings Part 2 Noncompliance action for geothermal tenures [s 314] Note-- 1 The P&G Act, chapter 10 includes provisions about investigating 2 geothermal activities and for the giving of compliance and dangerous 3 situation directions as defined under that Act concerning those 4 activities. 5 Division 2 Noncompliance action by Minister 6 314 Types of noncompliance action that may be taken 7 (1) The noncompliance action the Minister may take under this 8 division is all or any of the following-- 9 (a) amending the geothermal tenure by doing all or any of 10 the following-- 11 (i) reducing its term; 12 (ii) reducing its area; 13 Example of a possible reduction-- 14 A geothermal permit holder has not, in contravention of 15 section 117, carried out work required under the work 16 program for the permit. Noncompliance action may 17 include amending the permit to reduce its area to reflect 18 the work not carried out. 19 (iii) amending a condition of the geothermal tenure; 20 (iv) imposing a new condition; 21 (b) requiring the holder of the geothermal tenure to 22 relinquish a stated part of its area on or before a stated 23 time; 24 (c) cancelling the geothermal tenure, immediately or on a 25 stated day; 26 (d) withdrawing from a stated day, the approval of the work 27 program or development plan for the tenure and 28 directing its holder to, on or before that day, give the 29 Minister the following document so the Minister may 30 decide whether to approve the document-- 31 Page 212

 


 

Geothermal Energy Bill 2010 Chapter 7 Mediation, enforcement, offences and proceedings Part 2 Noncompliance action for geothermal tenures [s 315] (i) for a geothermal permit--a proposed later work 1 program complying with the later work program 2 requirements; 3 (ii) for a geothermal lease--a proposed later 4 development plan complying with the later 5 development plan requirements; 6 (e) requiring the geothermal tenure holder to pay the State a 7 penalty of an amount no more than the monetary value 8 of 2000 penalty units. 9 (2) However, a requirement under subsection (1)(e) may be made 10 only if the holder has agreed to the requirement being made 11 instead of the taking of other noncompliance action under 12 subsection (1). 13 (3) A condition or amendment under subsection (1) may restrict 14 the authorised activities for the geothermal tenure. 15 (4) If, under subsection (1)(c), the geothermal tenure is cancelled 16 on a stated day, a condition may be imposed under subsection 17 (1)(a) restricting the authorised activities for the tenure until 18 the cancellation. 19 (5) Noncompliance action may be taken despite the mandatory 20 conditions for the geothermal tenure. 21 315 When noncompliance action may be taken 22 (1) Noncompliance action may be taken if-- 23 (a) an event mentioned in subsection (2) or (3) has 24 happened; and 25 (b) the procedure under division 3 for taking the action has 26 been followed; and 27 (c) the geothermal tenure for which the noncompliance 28 action is taken relates to the event for which the action is 29 taken. 30 (2) For subsection (1), the event is that the holder-- 31 Page 213

 


 

Geothermal Energy Bill 2010 Chapter 7 Mediation, enforcement, offences and proceedings Part 2 Noncompliance action for geothermal tenures [s 316] (a) obtained the geothermal tenure because of a materially 1 false or misleading representation or declaration made 2 orally or in writing; or 3 (b) has failed to comply with this Act, a direction given 4 under this Act or the geothermal tenure; or 5 (c) did not pay an amount under this Act by the day it 6 became owing; or 7 (d) has used any land in the geothermal tenure's area for an 8 activity that-- 9 (i) is not an authorised activity for the geothermal 10 tenure or that, under any of the following Acts can 11 not be carried out on the land-- 12 (A) the GHG storage Act, chapter 4, part 6; 13 (B) the Mineral Resources Act, part 7AAC; 14 (C) the P&G Act, chapter 3A; 15 (D) the 1923 Act, part 6FA; and 16 (ii) the holder can not otherwise lawfully carry out; or 17 (e) has used the geothermal tenure for a purpose other than 18 for a purpose for which it was granted; or 19 (f) has carried out or purported to carry out work under the 20 geothermal tenure for which the tenure was not granted. 21 (3) Also, it is an event for subsection (1) if the holder is not, or 22 has ceased to be, an eligible person. 23 Division 3 Procedure for noncompliance 24 action 25 316 Notice of proposed noncompliance action 26 (1) The Minister must give the geothermal tenure holder a notice 27 stating the following-- 28 Page 214

 


 

Geothermal Energy Bill 2010 Chapter 7 Mediation, enforcement, offences and proceedings Part 2 Noncompliance action for geothermal tenures [s 317] (a) that the Minister proposes to take noncompliance action 1 against the holder; 2 (b) the types of noncompliance action that may be taken 3 against the holder and the type likely to be taken; 4 (c) the grounds for taking noncompliance action against the 5 holder; 6 (d) the facts and circumstances that are the basis for the 7 grounds; 8 (e) that the holder may, within a stated period, make 9 submissions to the Minister about the proposal to take 10 noncompliance action. 11 (2) The notice may state-- 12 (a) if the noncompliance action is likely to include 13 amending the geothermal tenure--the likely 14 amendment; and 15 (b) the amount of any likely reduction of the tenure's area. 16 317 Considering submissions 17 (1) The Minister must consider any submissions made by the 18 holder within the period stated in the notice given under 19 section 316. 20 (2) If the Minister decides not to take noncompliance action, the 21 Minister must, as soon as practicable, give the holder notice of 22 the decision. 23 318 Decision on proposed noncompliance action 24 (1) If, after complying with section 317, the Minister still believes 25 a ground exists to take noncompliance action, the Minister 26 may decide to take noncompliance action for the geothermal 27 tenure relating to a ground stated in the notice given under 28 section 316. 29 Page 215

 


 

Geothermal Energy Bill 2010 Chapter 7 Mediation, enforcement, offences and proceedings Part 2 Noncompliance action for geothermal tenures [s 319] (2) The Minister must, in deciding whether to take the action, 1 have regard to whether the holder is a suitable person to hold 2 or continue to hold the geothermal tenure. 3 (3) In considering whether the holder is a suitable person to hold 4 or to continue to hold the geothermal tenure, the Minister 5 must consider the criteria under the following for granting that 6 type of geothermal tenure, to the extent the criteria are 7 relevant-- 8 (a) for a geothermal permit--sections 39 and 41; 9 (b) for a geothermal lease--section 91. 10 319 Notice and taking effect of decision 11 (1) The Minister must, after making a decision under section 318, 12 give an information notice about the decision to-- 13 (a) the geothermal tenure holder; and 14 (b) any other person who holds an interest in the geothermal 15 tenure recorded in the geothermal register. 16 (2) Generally, the decision takes effect on the later of the 17 following-- 18 (a) the day the holder is given the information notice; 19 (b) a later day of effect stated in the notice. 20 (3) However, if the decision was to cancel the geothermal tenure 21 the decision takes effect at the end of the appeal period for the 22 decision. 23 (4) Subsection (3) applies subject to section 332 and any decision 24 of the Land Court under section 334 relating to the decision to 25 refuse. 26 320 Consequence of failure to comply with relinquishment 27 requirement 28 (1) This section applies if-- 29 Page 216

 


 

Geothermal Energy Bill 2010 Chapter 7 Mediation, enforcement, offences and proceedings Part 3 General offences [s 321] (a) noncompliance action taken is a requirement under 1 section 314(1)(b) of a geothermal tenure holder; and 2 (b) the requirement is not complied with. 3 (2) The Minister must give the holder a notice requiring the 4 holder to comply with the requirement under section 5 314(1)(b) within 20 business days after the giving of the 6 notice. 7 (3) If the holder does not comply with the requirement under the 8 notice, the geothermal tenure is cancelled. 9 (4) However, the cancellation does not take effect until the 10 Minister gives the holder a notice stating that the geothermal 11 tenure has been cancelled because of the operation of 12 subsection (3). 13 Part 3 General offences 14 321 Restriction on carrying out geothermal activities 15 A person must not carry out a geothermal activity in relation 16 to land unless-- 17 (a) the activity is carried out under a geothermal tenure or a 18 direction under this Act; or 19 (b) the carrying out of the activity is necessary to preserve 20 life or property because of a dangerous situation or 21 emergency that exists or may exist; or 22 (c) the person-- 23 (i) is carrying out the activity for the State; and 24 (ii) has, under section 368, been authorised for that 25 purpose; and 26 (iii) is acting within the scope of that authority; or 27 Page 217

 


 

Geothermal Energy Bill 2010 Chapter 7 Mediation, enforcement, offences and proceedings Part 3 General offences [s 322] (d) the activity is exempt heat pump production or the 1 installation of a geothermal heat pump for exempt heat 2 pump production; or 3 (e) the activity is geothermal production and it is not of a 4 large-scale; or 5 (f) the activity is geothermal exploration for exempt heat 6 pump production. 7 Maximum penalty--2000 penalty units. 8 Note-- 9 Other legislation may regulate geothermal production that is not of a 10 large-scale and activities relating to geothermal heat pumps. See the 11 Sustainable Planning Act 2009 and the Plumbing and Drainage Act 12 2002. 13 322 Defence if geothermal activity is for GHG storage 14 injection 15 (1) This section applies to a geothermal activity consisting of the 16 injection into an underground reservoir of a GHG stream. 17 (2) It is a defence to a proceeding for an offence against section 18 321 for the defendant to prove the injection-- 19 (a) was for the purpose of GHG storage injection testing or 20 GHG stream storage as defined under the GHG storage 21 Act; and 22 (b) was authorised under that Act. 23 323 Geothermal tenure holder's measurement obligations 24 A geothermal tenure holder must-- 25 (a) ensure geothermal energy produced from the 26 geothermal tenure's area is measured; and 27 (b) give the chief executive details of the measurement at 28 the times and in the way prescribed under a regulation. 29 Maximum penalty--500 penalty units. 30 Page 218

 


 

Geothermal Energy Bill 2010 Chapter 7 Mediation, enforcement, offences and proceedings Part 3 General offences [s 324] 324 Duty to avoid interference in carrying out geothermal 1 activities 2 A person who carries out an authorised activity for a 3 geothermal tenure must carry out the activity in a way that 4 does not unreasonably interfere with anyone else carrying out 5 a lawful activity. 6 Maximum penalty--500 penalty units. 7 325 Obstruction of geothermal tenure holder 8 (1) A person must not, without reasonable excuse, obstruct a 9 geothermal tenure holder from-- 10 (a) entering or crossing land to carry out an authorised 11 activity for the geothermal tenure if chapter 6, part 5, 6 12 or 7 to the extent the part is relevant, has been complied 13 with for the entry; or 14 (b) carrying out an authorised activity for the geothermal 15 tenure on the land. 16 Maximum penalty--500 penalty units. 17 (2) If a person has obstructed a geothermal tenure holder from 18 carrying out an activity mentioned in subsection (1) and the 19 holder decides to proceed with the carrying out of the activity, 20 the holder must warn the person that-- 21 (a) it is an offence to obstruct the holder unless the person 22 has a reasonable excuse; and 23 (b) the holder considers the person's conduct is an 24 obstruction. 25 (3) In this section-- 26 obstruct includes assault, hinder, resist and attempt or threaten 27 to assault, hinder or resist. 28 Page 219

 


 

Geothermal Energy Bill 2010 Chapter 7 Mediation, enforcement, offences and proceedings Part 3 General offences [s 326] 326 False or misleading information 1 (1) A person must not make an entry in a document required to be 2 kept under this Act knowing the entry is false or misleading in 3 a material particular. 4 Maximum penalty--500 penalty units. 5 (2) A person of whom a direction or requirement under this Act 6 has been made must not state anything or give a document or 7 thing in response to the direction or requirement that the 8 person knows is false or misleading in a material particular. 9 Maximum penalty--500 penalty units. 10 327 Executive officers must ensure corporation does not 11 commit particular offences 12 (1) The executive officers of a corporation must ensure the 13 corporation complies with each designated provision of this 14 Act. 15 (2) If a corporation commits an offence against a designated 16 provision of this Act, each of its executive officers also 17 commits an offence namely, the offence of failing to ensure 18 the corporation complies with the provision. 19 Maximum penalty--the penalty for the contravention of the 20 provision by an individual. 21 (3) Evidence that the corporation has been convicted of an 22 offence against a designated provision of this Act is evidence 23 that each of its executive officers committed the offence of 24 failing to ensure the corporation complies with the provision. 25 (4) However, it is a defence for an executive officer to prove 26 that-- 27 (a) if the officer was in a position to influence the conduct 28 of the corporation in relation to the offence--the officer 29 exercised reasonable diligence to ensure the corporation 30 complied with the designated provision; or 31 Page 220

 


 

Geothermal Energy Bill 2010 Chapter 7 Mediation, enforcement, offences and proceedings Part 4 Appeals [s 328] (b) the officer was not in a position to influence the conduct 1 of the corporation in relation to the offence. 2 (5) In this section-- 3 designated provision, of this Act, means any of the following 4 provisions-- 5 · sections 197, 199, 241 and 354 6 · chapter 6, part 2 7 · this part, other than this section. 8 328 Attempts to commit offences 9 (1) A person who attempts to commit an offence against this Act 10 commits an offence. 11 Maximum penalty for an attempt--half the maximum penalty 12 for the completed offence. 13 (2) The Criminal Code, section 4 applies to subsection (1). 14 Part 4 Appeals 15 329 Who may appeal 16 (1) A person whose interests are affected by a decision identified 17 in schedule 1 may appeal against the decision to the Land 18 Court. 19 (2) For this section, a person who has been given or is entitled to 20 be given an information notice about a decision is taken to be 21 a person whose interests are affected by the decision. 22 330 Period to appeal 23 (1) The appeal must be started within 20 business days after-- 24 Page 221

 


 

Geothermal Energy Bill 2010 Chapter 7 Mediation, enforcement, offences and proceedings Part 4 Appeals [s 331] (a) if the person has been given an information notice about 1 the decision--the day the person is given the notice; or 2 (b) if paragraph (a) does not apply--the day the person 3 otherwise becomes aware of the decision. 4 (2) However, the Land Court may at any time within the 20 5 business days extend the period for making an appeal. 6 331 Starting appeal 7 (1) The appeal is started by filing a written notice of appeal with 8 the Land Court. 9 (2) The appellant must give the chief executive a copy of the 10 notice. 11 332 Stay of operation of decision 12 (1) The Land Court may grant a stay of the decision to secure the 13 effectiveness of the appeal. 14 (2) A stay-- 15 (a) may be given on the conditions the Land Court 16 considers appropriate; and 17 (b) operates for the period fixed by the Land Court; and 18 (c) may be amended or cancelled by the Land Court. 19 (3) The period of a stay under this section must not extend past 20 the time when the Land Court decides the appeal. 21 (4) The appeal affects the decision or carrying out of the decision 22 only if it is stayed. 23 333 Hearing procedures 24 (1) In deciding an appeal, the Land Court-- 25 (a) has the same powers as the Minister; and 26 (b) is not bound by the rules of evidence; and 27 Page 222

 


 

Geothermal Energy Bill 2010 Chapter 7 Mediation, enforcement, offences and proceedings Part 4 Appeals [s 334] (c) must comply with natural justice; and 1 (d) may hear the appeal in court or in chambers. 2 (2) An appeal is by way of rehearing unaffected by the decision. 3 (3) Subject to subsections (1) and (2), the procedure for the 4 appeal is-- 5 (a) in accordance with the rules for the Land Court; or 6 (b) in the absence of relevant rules, as directed by the Land 7 Court. 8 (4) A power under an Act to make rules for the Land Court 9 includes power to make rules for appeals under this part. 10 334 Land Court's powers on appeal 11 (1) Subject to section 335, in deciding an appeal, the Land Court 12 may-- 13 (a) confirm the decision; or 14 (b) set aside the decision and substitute another decision; or 15 (c) set aside the decision and return the issue to the Minister 16 with the directions the court considers appropriate. 17 (2) If the Land Court substitutes another decision, the substituted 18 decision is for this Act other than this part taken to be the 19 decision of the Minister. 20 335 Restriction on Land Court's powers for decision not to 21 grant geothermal lease 22 (1) This section applies if the Land Court is deciding an appeal 23 against a decision not to grant a geothermal lease. 24 (2) The Land Court can not exercise a power mentioned in section 25 334(1)(b) or (c) in relation to the decision on the ground that 26 any resource management decision for the application for the 27 geothermal lease was to give overlapping authority priority, in 28 whole or part. 29 Page 223

 


 

Geothermal Energy Bill 2010 Chapter 7 Mediation, enforcement, offences and proceedings Part 5 Evidence and legal proceedings [s 336] Part 5 Evidence and legal 1 proceedings 2 Division 1 Evidentiary provisions 3 336 Application of div 1 4 This division applies to a proceeding under or in relation to 5 this Act. 6 337 Authority 7 The power of the Minister, chief executive or an auditor 8 appointed for the geothermal royalty to do anything under this 9 Act must be presumed unless a party to the proceeding, by 10 reasonable notice, requires proof of it. 11 338 Signatures 12 A signature purporting to be the signature of the Minister or 13 the chief executive is evidence of the signature it purports to 14 be. 15 339 Other evidentiary aids 16 A certificate purporting to be signed by the chief executive 17 stating any of the following matters is evidence of the 18 matter-- 19 (a) that a stated document of any of the following types is a 20 document given, issued, kept or made under this Act-- 21 (i) an appointment, approval or decision; 22 (ii) a direction, notice or requirement; 23 (iii) a geothermal tenure; 24 (iv) the geothermal register; 25 Page 224

 


 

Geothermal Energy Bill 2010 Chapter 7 Mediation, enforcement, offences and proceedings Part 5 Evidence and legal proceedings [s 340] (v) a report; 1 (vi) another record; 2 (b) that a stated document is another document kept under 3 this Act; 4 (c) that a stated document is a copy of, or an extract from or 5 part of, a thing mentioned in paragraph (a) or (b); 6 (d) that on a stated day-- 7 (i) a stated person was given a stated decision, 8 direction or notice under this Act; or 9 (ii) a stated requirement under this Act was made of a 10 stated person; 11 (e) that on a stated day or during a stated period a 12 geothermal tenure-- 13 (i) was or was not in force; or 14 (ii) was or was not subject to a stated condition; or 15 (iii) was or was not cancelled; 16 (f) that a stated amount is payable under this Act by a stated 17 person and has not been paid; 18 (g) that a stated address for a geothermal tenure holder is 19 the last address of the holder known to the Minister or 20 the chief executive. 21 Division 2 Offence proceedings 22 340 Offences under Act are summary 23 (1) An offence against this Act is a summary offence. 24 (2) A proceeding for an offence against this Act must start within 25 the later of the following periods to end-- 26 (a) 1 year after the commission of the offence; 27 Page 225

 


 

Geothermal Energy Bill 2010 Chapter 7 Mediation, enforcement, offences and proceedings Part 5 Evidence and legal proceedings [s 341] (b) 6 months after the offence comes to the complainant's 1 knowledge but within 2 years after the commission of 2 the offence. 3 341 Statement of complainant's knowledge 4 In a complaint starting a proceeding for an offence against this 5 Act, a statement that the matter of the complaint came to the 6 complainant's knowledge on a stated day is evidence the 7 matter came to the complainant's knowledge on that day. 8 342 Conduct of representatives 9 (1) This section applies to a proceeding for an offence against this 10 Act if it is relevant to prove a person's state of mind about 11 particular conduct. 12 (2) It is enough to show-- 13 (a) the conduct was engaged in by a representative of the 14 person within the scope of the representative's actual or 15 apparent authority; and 16 (b) the representative had the state of mind. 17 (3) Conduct engaged in for a person by a representative of the 18 person within the scope of the representative's actual or 19 apparent authority is taken to have been engaged in also by 20 the person unless the person proves-- 21 (a) if the person was in a position to influence the 22 representative in relation to the conduct--the person 23 took reasonable steps to prevent the conduct; or 24 (b) the person was not in a position to influence the 25 representative in relation to the conduct. 26 (4) In this section-- 27 engaging, in conduct, includes failing to engage in conduct. 28 representative means-- 29 Page 226

 


 

Geothermal Energy Bill 2010 Chapter 7 Mediation, enforcement, offences and proceedings Part 5 Evidence and legal proceedings [s 343] (a) for a corporation--an agent, employee or executive 1 officer of the corporation; or 2 (b) for an individual--an agent or employee of the 3 individual. 4 state of mind, of a person, includes the person's-- 5 (a) belief, intention, knowledge, opinion or purpose; and 6 (b) reasons for the belief, intention, opinion or purpose. 7 343 Additional orders that may be made on conviction 8 (1) If a court convicts a person for an offence against this Act, it 9 may-- 10 (a) order the forfeiture to the State of-- 11 (i) anything used to commit the offence; or 12 (ii) anything else the subject of the offence; and 13 (b) make any order to enforce the forfeiture it considers 14 appropriate; and 15 (c) order the person to pay the State the amount of costs it 16 incurred for remedial work that was necessary or 17 desirable because of the commission of the offence. 18 (2) Forfeiture of a thing may be ordered-- 19 (a) whether or not it has been seized under this Act; and 20 (b) if it has been seized under this Act, whether or not it has 21 been returned to its owner. 22 Page 227

 


 

Geothermal Energy Bill 2010 Chapter 8 Miscellaneous provisions Part 1 Provisions about geothermal tenures [s 344] Chapter 8 Miscellaneous provisions 1 Part 1 Provisions about geothermal 2 tenures 3 Division 1 General provisions 4 344 Geothermal tenure does not create an interest in land 5 The granting of a geothermal tenure does not create an interest 6 in any land. 7 345 Joint holders of a geothermal tenure 8 (1) A geothermal tenure may be held by 2 or more persons as 9 joint tenants or as tenants in common. 10 (2) If, under this Act-- 11 (a) an application is made for, or for approval to transfer, a 12 geothermal tenure for more than 1 proposed holder or 13 transferee; and 14 (b) the application does not show whether the proposed 15 holders or transferees are to hold as joint tenants or as 16 tenants in common; and 17 (c) the application is granted; 18 the chief executive must record in the geothermal register that 19 the applicants hold the geothermal tenure as tenants in 20 common. 21 (3) In this section-- 22 geothermal tenure includes a share in a geothermal tenure. 23 Page 228

 


 

Geothermal Energy Bill 2010 Chapter 8 Miscellaneous provisions Part 1 Provisions about geothermal tenures [s 346] 346 Minister's power to ensure compliance by geothermal 1 tenure holder 2 (1) This section applies if-- 3 (a) a geothermal tenure holder has not complied with a 4 requirement under this Act of the holder; and 5 (b) no other provision of this Act allows someone other than 6 the holder to ensure compliance with the requirement. 7 (2) The Minister may take any action the Minister considers 8 appropriate to ensure all or part of the requirement is 9 complied with if-- 10 (a) subsections (3) and (4) have been complied with; or 11 (b) the holder has agreed to the Minister taking the action. 12 (3) The Minister must give the holder notice-- 13 (a) stating the requirement and the action the Minister 14 proposes to take; and 15 (b) inviting the holder to, within a stated reasonable period, 16 make submissions to the Minister about the proposed 17 action. 18 (4) The Minister must consider any submissions made by the 19 holder within the stated period. 20 (5) A decision to take the action does not take effect until the 21 holder is given an information notice about the decision. 22 (6) The State may recover from the holder as a debt any 23 reasonable costs it incurs in the exercise of the power under 24 subsection (2). 25 347 Power to correct or amend tenure 26 (1) The Minister may amend a geothermal tenure at any time by 27 giving its holder a notice of the amendment and recording 28 particulars in the relevant register if the amendment-- 29 (a) is to correct a clerical error; or 30 Page 229

 


 

Geothermal Energy Bill 2010 Chapter 8 Miscellaneous provisions Part 1 Provisions about geothermal tenures [s 348] (b) is to state, or more accurately state, the boundaries of 1 the area of the geothermal tenure because of a survey 2 carried out under section 132. 3 (2) The Minister may at any time amend a condition of the 4 geothermal tenure if its holder agrees in writing. 5 (3) Despite subsections (1) and (2), the following can not be 6 amended under this section-- 7 (a) the mandatory conditions for that type of geothermal 8 tenure; 9 (b) the geothermal tenure's term; 10 (c) any work program or development plan for the 11 geothermal tenure. 12 (4) Also, the Minister can not amend the geothermal tenure in a 13 way that would make a provision of the tenure-- 14 (a) inconsistent with the mandatory conditions for that type 15 of geothermal tenure; or 16 (b) the same as, or substantially the same as, or inconsistent 17 with, any relevant environmental condition for the 18 tenure. 19 348 Replacement of instrument for geothermal tenure 20 (1) If the instrument for a geothermal tenure has been lost, stolen 21 or destroyed, its holder may apply to replace it. 22 (2) The application must be made to the Minister in the approved 23 form. 24 (3) If the Minister is reasonably satisfied the instrument has been 25 lost, stolen or destroyed, the Minister must replace it. 26 (4) If the Minister decides to refuse to replace the instrument, the 27 Minister must give the holder an information notice about the 28 decision. 29 Page 230

 


 

Geothermal Energy Bill 2010 Chapter 8 Miscellaneous provisions Part 1 Provisions about geothermal tenures [s 349] 349 Joint and several liability for conditions and for debts to 1 State 2 If more than 1 person holds a geothermal tenure, each holder 3 is jointly and severally-- 4 (a) responsible for complying with its conditions; and 5 (b) liable for all debts payable under this Act and unpaid by 6 the geothermal tenure holder to the State. 7 Division 2 General provisions about 8 authorised activities 9 350 Authorised activities may be carried out despite rights of 10 owner or occupier 11 (1) The authorised activities for a geothermal tenure may be 12 carried out despite the rights of an owner or occupier of land 13 on which the activities are carried out. 14 (2) However, subsection (1) applies for an authorised activity 15 only if section 351 does not prevent it from being carried out. 16 351 General restrictions on right to carry out authorised 17 activity 18 (1) The right under this Act to carry out an authorised activity for 19 a geothermal tenure is subject to the following-- 20 (a) chapter 5 and this chapter; 21 (b) compliance with the tenure holder's rights and 22 obligations under-- 23 (i) chapters 2 to 6; and 24 (ii) this chapter; and 25 (iii) sections 323 and 324; and 26 Page 231

 


 

Geothermal Energy Bill 2010 Chapter 8 Miscellaneous provisions Part 1 Provisions about geothermal tenures [s 352] Editor's note-- 1 sections 323 (Geothermal tenure holder's measurement 2 obligations) and 324 (Duty to avoid interference in 3 carrying out geothermal activities) 4 (c) the mandatory conditions and the other conditions and 5 provisions of the geothermal tenure; 6 (d) any exclusion or restriction provided for in the 7 geothermal tenure on the carrying out of the activities; 8 (e) the P&G Act safety provisions; 9 (f) the Environmental Protection Act; 10 (g) the Water Act; 11 (h) any other relevant Act or law. 12 (2) Also, the right may be exercised only by the holder or 13 someone that the holder has authorised under section 353. 14 352 Restrictions on carrying out authorised activities on 15 particular land 16 (1) Geothermal exploration or geothermal production can not be 17 carried out within 300m of any boundary of a geothermal 18 tenure. 19 (2) An authorised activity for a geothermal tenure may be carried 20 out within 300m laterally of any of the following buildings 21 only if its owner or occupier has given written consent to the 22 carrying out of the activity-- 23 (a) a permanent building used mainly for accommodation 24 for a business purpose; 25 (b) a permanent building used for sporting, community or 26 recreational purposes or as a place of worship. 27 (3) An authorised activity for a geothermal tenure can not be 28 carried out within 50m laterally of any of the following things 29 unless its owner or occupier has given written consent to the 30 carrying out of the activity-- 31 Page 232

 


 

Geothermal Energy Bill 2010 Chapter 8 Miscellaneous provisions Part 1 Provisions about geothermal tenures [s 353] (a) a principal stockyard; 1 (b) a bore or artesian well; 2 (c) a dam; 3 (d) another artificial water storage connected to a water 4 supply; 5 (e) a cemetery or burial place. 6 353 Who may carry out authorised activity for geothermal 7 tenure holder 8 (1) An authorised activity for a geothermal tenure may be carried 9 out for the holder by any of the following persons acting 10 within the scope of the person's authority from the holder-- 11 (a) if the holder is a corporation--its officers and 12 employees; 13 (b) the holder's employees or partners who are individuals; 14 (c) agents of or contractors for the holder; 15 (d) officers and employees of or agents of or contractors for 16 agents or contractors mentioned in paragraph (c). 17 Example-- 18 A geothermal lease holder may also enter into a geothermal 19 coordination arrangement under which another party to the arrangement 20 may carry out an authorised activity for the geothermal lease. See 21 section 137(1). 22 (2) The authority may be express, or implied from-- 23 (a) the nature of the relationship between the person and the 24 holder; or 25 (b) the duties the person performs for the holder; or 26 (c) the duties a person mentioned in subsection (1) 27 customarily performs. 28 (3) If a geothermal lease is subject to a registered sublease, the 29 sublessee may, subject to the terms of the sublease, carry out 30 Page 233

 


 

Geothermal Energy Bill 2010 Chapter 8 Miscellaneous provisions Part 1 Provisions about geothermal tenures [s 354] authorised activities for the lease stated in the relevant 1 application for approval of the sublease. 2 Division 3 Provisions for when geothermal 3 tenure ends or area reduced 4 354 Obligation to remove equipment and improvements 5 (1) This section applies for equipment or improvements in a 6 geothermal tenure's area or on access land for a geothermal 7 tenure that are being, or have been, used for an authorised 8 activity for the tenure. 9 (2) However, this section does not apply for-- 10 (a) a geothermal well; or 11 Note-- 12 For a geothermal well, see chapter 6, part 3, division 2 13 (Decommissioning of geothermal wells). 14 (b) equipment or improvements on land that, under section 15 188, ceases to be in a geothermal permit's area. 16 (3) The holder of the geothermal tenure must, before the removal 17 day, remove the equipment or improvements from the land 18 unless the owner of the land otherwise agrees. 19 Maximum penalty--1000 penalty units. 20 (4) To remove any doubt, it is declared that subsection (3) applies 21 even if the equipment or improvements are not owned by the 22 holder. 23 (5) In this section-- 24 equipment includes machinery and plant. 25 removal day means the latest of the following days-- 26 (a) the earlier of the following-- 27 (i) the day the geothermal tenure ends; 28 Page 234

 


 

Geothermal Energy Bill 2010 Chapter 8 Miscellaneous provisions Part 1 Provisions about geothermal tenures [s 355] (ii) the day the land ceases to be in the geothermal 1 tenure's area; 2 (b) if before the day provided for under paragraph (a), the 3 Minister fixes a day--that day; 4 (c) if before a day fixed under paragraph (b), the Minister 5 fixes a later day--that day. 6 355 Authorisation to enter to facilitate compliance 7 (1) The Minister may, by notice, authorise a former holder of a 8 geothermal tenure to enter any of the following land to 9 comply with, or remedy a contravention of, section 128 or this 10 division-- 11 (a) the land to which section 128 or this division applies 12 (primary land); 13 Editor's note-- 14 section 128 (Compliance with land access code) 15 (b) any other land (secondary land) necessary or desirable 16 to cross for access to the primary land. 17 (2) Chapter 6, parts 5 (other than division 4), 6 and 8 and sections 18 20 and 131 apply to the former holder for the authorisation as 19 if-- 20 (a) the geothermal tenure were still in force (the notional 21 tenure); and 22 (b) the former holder is the holder of the notional tenure; 23 and 24 (c) the primary land and any secondary land are in the 25 notional tenure's area; and 26 (d) the compliance or the remedying of the contravention 27 were authorised activities for the notional tenure. 28 Editor's note-- 29 chapter 6, parts 5 (Private land), 6 (Public land) and 8 (Compensation 30 and negotiated access) 31 Page 235

 


 

Geothermal Energy Bill 2010 Chapter 8 Miscellaneous provisions Part 2 Applications, lodging documents and making submissions [s 356] (3) However, the power under this section does not include the 1 power to enter a structure or a part of a structure used for 2 residential purposes without the consent of the occupier of the 3 structure or part of the structure. 4 (4) If the former holder intends to enter the land and any occupier 5 of the land is present at the land, the former holder also must 6 show or make a reasonable attempt to show the occupier the 7 former holder's authorisation under this section. 8 Part 2 Applications, lodging 9 documents and making 10 submissions 11 356 Place for making applications, lodging documents or 12 making submissions 13 (1) This section applies to any of the following under this Act-- 14 (a) the making of an application; 15 (b) the giving of a document to the Minister or the chief 16 executive; 17 (c) the making of a submission. 18 (2) The application, document or submission may be made or 19 given only at the following place-- 20 (a) the office of the department provided for under the 21 relevant approved form for that purpose; 22 (b) if the relevant approved form does not make provision 23 as mentioned in paragraph (a) or if there is no relevant 24 approved form--the office of the department notified on 25 the department's website. 26 Page 236

 


 

Geothermal Energy Bill 2010 Chapter 8 Miscellaneous provisions Part 2 Applications, lodging documents and making submissions [s 357] 357 Requirements for making an application 1 (1) The Minister must refuse to receive or process a purported 2 application not made under the requirements under this Act 3 for making the application. 4 (2) However, the Minister may decide to allow the application to 5 proceed and be decided as if it did comply with the 6 requirements if the Minister is satisfied the application 7 substantially complies with the requirements. 8 358 Request to applicant about application 9 (1) If the Minister is deciding or is required to decide an 10 application under this Act, the Minister may by notice require 11 the applicant to do all or any of the following within a stated 12 reasonable period-- 13 (a) complete or correct the application if it appears to the 14 Minister to be incorrect, incomplete or defective; 15 (b) give the Minister additional information about, or 16 relevant to, the application; 17 Example-- 18 The application is for a geothermal tenure. The Minister may 19 require a document, prepared by an appropriately qualified 20 person, independently verifying geological or predictive 21 migration data given in the proposed work program or 22 development plan for the tenure. 23 (c) give the Minister an independent report by an 24 appropriately qualified person or a statutory declaration 25 verifying all or any of the following-- 26 (i) any information included in the application; 27 (ii) any additional information required under 28 paragraph (b); 29 (iii) if the application is for a geothermal tenure--that 30 the applicant meets the capability criteria. 31 (2) For subsection (1)(b), if the application is for a geothermal 32 tenure, a required document may include a survey or resurvey 33 Page 237

 


 

Geothermal Energy Bill 2010 Chapter 8 Miscellaneous provisions Part 2 Applications, lodging documents and making submissions [s 359] of the area of the proposed tenure carried out by a person who 1 is a cadastral surveyor under the Surveyors Act 2003. 2 (3) For subsection (1)(c), the notice may require-- 3 (a) the statutory declaration to be made by an appropriately 4 qualified independent person or by the applicant; and 5 (b) if the applicant is a corporation--to be made for the 6 applicant by an executive officer of the applicant. 7 (4) The applicant must bear any costs incurred in complying with 8 the notice. 9 (5) The Minister may extend the period for complying with the 10 notice. 11 (6) Without limiting section 357(1) or 359, the Minister may 12 refuse to decide the application until the request is complied 13 with. 14 (7) In this section-- 15 information includes a document. 16 359 Refusing application for failure to comply with request 17 The Minister may refuse an application if-- 18 (a) a notice under section 358 has been given for the 19 application; and 20 (b) the period stated in the notice for complying with it has 21 ended; and 22 (c) the request has not been complied with to the Minister's 23 satisfaction. 24 360 Particular criteria generally not exhaustive 25 (1) This section applies if another provision of this Act permits or 26 requires the Minister to consider particular criteria in deciding 27 an application. 28 Page 238

 


 

Geothermal Energy Bill 2010 Chapter 8 Miscellaneous provisions Part 2 Applications, lodging documents and making submissions [s 361] (2) To remove any doubt, it is declared that the Minister may in 1 making the decision consider any other criteria the Minister 2 considers relevant. 3 (3) However, subsection (2) does not apply if the provision 4 otherwise provides. 5 (4) In this section-- 6 criteria includes issues and matters. 7 361 Particular grounds for refusal generally not exhaustive 8 (1) This section applies if another provision of this Act provides 9 for particular grounds on which the Minister may refuse an 10 application. 11 (2) To remove any doubt, unless the other provision otherwise 12 provides, the Minister may refuse the application on another 13 reasonable and relevant ground. 14 (3) In this section-- 15 refuse, an application, includes refuse the thing the subject of 16 the application. 17 362 Amending applications 18 (1) If a person has made an application under this Act, the person 19 may amend the application or a document accompanying the 20 application only if-- 21 (a) the application has not been decided; and 22 (b) the Minister has agreed to the making of the 23 amendment; and 24 (c) if the amendment is to change the applicant--each 25 applicant and proposed applicant has agreed to the 26 change. 27 (2) If, under subsection (1), the application is amended to change 28 the applicant, for the deciding of the application the applicant 29 Page 239

 


 

Geothermal Energy Bill 2010 Chapter 8 Miscellaneous provisions Part 3 Other miscellaneous provisions [s 363] as changed is taken to have been the applicant from the 1 making of the application. 2 363 Withdrawal of application 3 (1) A person who has made an application under this Act may 4 give the chief executive a notice withdrawing the application 5 at any time before any decision about the application takes 6 effect. 7 (2) The withdrawal takes effect when the notice is given. 8 364 Minister's power to refund application fee 9 If an application under this Act is withdrawn, the Minister 10 may refund all or part of any fee paid for the application. 11 Part 3 Other miscellaneous 12 provisions 13 365 Interest on amounts owing to the State 14 (1) Interest is payable to the State on any amount owing under 15 this Act by anyone to the State and unpaid from time to time 16 after the relevant day. 17 Examples of an amount that may be owing under this Act-- 18 · annual or other rent 19 · a civil penalty for nonpayment of annual rent 20 (2) The interest accrues daily at the rate prescribed under a 21 regulation on the unpaid amount for the period starting on the 22 day immediately after the amount became payable and ending 23 on the day the amount owing on which interest is payable is 24 paid in full, both days inclusive. 25 Page 240

 


 

Geothermal Energy Bill 2010 Chapter 8 Miscellaneous provisions Part 3 Other miscellaneous provisions [s 366] (3) Any amount received in payment of the unpaid amount or the 1 interest must first be applied in payment of the interest. 2 (4) Subsection (3) applies despite any order or direction of the 3 payer. 4 (5) In this section-- 5 relevant day means the following-- 6 (a) for an amount for annual or other rent or a civil penalty 7 for nonpayment of annual rent--the day that is 3 months 8 after the last day for payment of the rent or civil penalty; 9 (b) for another amount--the day the amount becomes 10 owing. 11 366 Recovery of unpaid amounts 12 (1) If a provision of this Act requires a geothermal tenure holder 13 to pay the State an amount (including interest) the State may 14 recover the amount from the holder as a debt. 15 (2) In this section-- 16 holder includes a former holder of the geothermal tenure 17 about whom the remedial powers were exercised. 18 367 General public interest criteria for particular Ministerial 19 decisions 20 (1) This section does not apply to an application for or about a 21 geothermal permit. 22 (2) The Minister must consider the public interest in making a 23 decision under this Act about an application or the granting of 24 an approval by the Minister. 25 (3) If-- 26 (a) another provision of this Act permits or requires the 27 Minister to make a decision; and 28 (b) the other provision does not require the Minister to 29 consider the public interest; 30 Page 241

 


 

Geothermal Energy Bill 2010 Chapter 8 Miscellaneous provisions Part 3 Other miscellaneous provisions [s 368] the Minister may still consider the public interest in making 1 the decision. 2 368 Provision for entry by State to carry out geothermal 3 activity 4 (1) If the State proposes to exercise a right under section 5 29(3)(b)(i), the right may be exercised by anyone authorised 6 by the chief executive. 7 (2) However, a person authorised under subsection (1) may enter 8 the land only if the person has given the owner of the land at 9 least 5 business days notice of the proposed entry. 10 (3) To remove any doubt, it is declared that subsection (2) does 11 not apply to an inspector or authorised officer performing 12 functions under the P&G Act relating to this Act. 13 369 Name and address for service 14 (1) A person (the first person) may by a signed notice given to the 15 chief executive nominate another person (a nominated 16 person) at a stated address as the first person's address for 17 service for this Act. 18 (2) If this Act requires or permits the Minister or chief executive 19 to serve a notice or other document on the first person, it may 20 be served on the first person by serving it on the last 21 nominated person at the stated address for that person. 22 (3) In this section-- 23 serve includes give. 24 370 Notice of agents 25 A person carrying out functions under this Act (the first 26 person) may refuse to deal with a person who claims to be 27 acting as the agent of a geothermal tenure holder unless the 28 holder has given the first person notice of the agency. 29 Page 242

 


 

Geothermal Energy Bill 2010 Chapter 8 Miscellaneous provisions Part 3 Other miscellaneous provisions [s 371] 371 Additional information about reports and other matters 1 (1) This section applies if-- 2 (a) a person is required under this Act to give a notice or 3 copy of a document, report or information (the advice) 4 to the Minister or the chief executive; and 5 (b) the person gives the advice. 6 (2) The Minister or chief executive may by notice require the 7 person to give, within the reasonable time stated in the notice, 8 written information about the matter for which the advice was 9 given. 10 (3) The person must comply with the notice. 11 Maximum penalty for subsection (3)--500 penalty units. 12 372 References to right to enter 13 A right under this Act to enter a place includes the right to-- 14 (a) leave and re-enter the place from time to time; and 15 (b) remain on the place for the time necessary to achieve the 16 purpose of the entry; and 17 (c) take on the place equipment, materials, vehicles or other 18 things reasonably necessary to exercise a power under 19 this Act. 20 373 Application of provisions 21 If a provision of this Act applies any of the following (the 22 applied law) for a purpose-- 23 (a) another provision of this Act; 24 (b) another law; 25 (c) a provision of another law; 26 for that purpose the applied law and any definition relevant to 27 it apply with necessary changes. 28 Page 243

 


 

Geothermal Energy Bill 2010 Chapter 8 Miscellaneous provisions Part 3 Other miscellaneous provisions [s 374] 374 Protection from liability for particular persons 1 (1) A person as follows (a designated person) does not incur civil 2 liability for an act done, or omission made, honestly and 3 without negligence under this Act-- 4 (a) the Minister; 5 (b) a public service officer or public service employee; 6 (c) a person if-- 7 (i) the person has, under section 368, been authorised 8 to carry out an activity for the State; and 9 (ii) the act or omission happened while the person was 10 acting within the scope of that authority; 11 (d) a geothermal tenure holder given a direction under this 12 Act who is complying with the direction. 13 (2) For subsection (1)(b), it does not matter what is the form of 14 appointment or employment of the person. 15 (3) If subsection (1) prevents a civil liability attaching to a 16 designated person, the liability attaches instead to the State. 17 (4) In this section-- 18 civil liability includes liability for the payment of costs 19 ordered to be paid in a proceeding for an offence against this 20 Act. 21 375 Delegation by Minister or chief executive 22 (1) The Minister may delegate the Minister's functions under this 23 Act to an appropriately qualified public service officer or 24 public service employee. 25 (2) The chief executive may delegate the chief executive's 26 functions under this Act to an appropriately qualified public 27 service officer or employee. 28 (3) In this section-- 29 functions includes powers. 30 Page 244

 


 

Geothermal Energy Bill 2010 Chapter 8 Miscellaneous provisions Part 3 Other miscellaneous provisions [s 376] 376 Practice manual 1 (1) The chief executive may keep, in the way the chief executive 2 considers appropriate, a manual (however called) about 3 geothermal tenure administration practice to guide and inform 4 persons dealing with the department. 5 (2) The manual may include-- 6 (a) directions about-- 7 (i) what information, documents or instruments 8 (material) a person may or must give; and 9 (ii) how or when requested material must be given; and 10 (iii) the format of requested material; and 11 (b) practices to ensure there is consistency and efficiency in 12 geothermal tenure administration processes. 13 (3) If-- 14 (a) a person is required or permitted to give the Minister or 15 the chief executive (the official) information for a 16 particular purpose relating to this Act; and 17 (b) this Act does not provide for how the information may 18 or must be given to the official for the purpose; and 19 (c) the person gives the official the information in the way 20 required or permitted under the manual; 21 the person is taken to have given the official the information 22 for the purpose. 23 (4) The information must be given at-- 24 (a) if the manual states a particular office of the department 25 where the information must be given (a required 26 office)--that office; or 27 (b) if the manual does not state a required office and the 28 information relates to a particular application--the 29 department's office where the application was lodged; 30 or 31 (c) otherwise--the office of the chief executive. 32 Page 245

 


 

Geothermal Energy Bill 2010 Chapter 8 Miscellaneous provisions Part 3 Other miscellaneous provisions [s 377] (5) The chief executive must-- 1 (a) keep a copy of the manual and a record (however called) 2 of each part of the manual, including the dates when 3 each part was published or superseded; and 4 (b) make the manual and the record available to the public 5 in the way the chief executive considers appropriate. 6 (6) Without limiting subsection (5), the chief executive must 7 ensure an up-to-date copy of the manual and the record are 8 available to be read free of charge-- 9 (a) on the department's website; and 10 (b) if information relates to a particular application--at the 11 department's office where the application was made. 12 377 Approved forms 13 (1) The chief executive may approve forms for use under this Act. 14 (2) A form may be approved for use under this Act that is 15 combined with or is to be used together with an approved 16 form under another Act. 17 378 Regulation-making power 18 (1) The Governor in Council may make regulations under this 19 Act. 20 (2) A regulation may be made about the following-- 21 (a) assessing the viability of geothermal production under 22 geothermal tenures, including, for example-- 23 (i) requiring geothermal tenure holders to give reports 24 about the viability of geothermal production under 25 their tenure (a geothermal viability report); and 26 (ii) empowering the Minister to make an independent 27 assessment of the viability of carrying out 28 geothermal production in all or part of a 29 Page 246

 


 

Geothermal Energy Bill 2010 Chapter 9 Repeal and transitional provisions Part 1 Repeal provisions [s 379] geothermal tenure's area (an independent viability 1 assessment); and 2 (iii) providing for who must pay the cost of an 3 independent viability assessment; 4 (b) the fees payable under this Act including late payment 5 fees; 6 (c) the conditions of geothermal tenures; 7 (d) imposing a penalty, of no more than 20 penalty units, for 8 a contravention of a regulation. 9 Chapter 9 Repeal and transitional 10 provisions 11 Part 1 Repeal provisions 12 379 Repeal of Geothermal Exploration Act 2004 13 The Geothermal Exploration Act 2004, No. 12 is repealed. 14 380 Repeal of Timber Utilisation and Marketing Act 1987 15 The Timber Utilisation and Marketing Act 1987, No. 30 is 16 repealed. 17 Page 247

 


 

Geothermal Energy Bill 2010 Chapter 9 Repeal and transitional provisions Part 2 Transitional provisions [s 381] Part 2 Transitional provisions 1 Division 1 Preliminary 2 381 Definitions for pt 2 3 In this part-- 4 2004 Act means the Geothermal Exploration Act 2004, to be 5 repealed under section 379. 6 2004 Act permit means a geothermal exploration permit under 7 the 2004 Act. 8 2010 Act permit means a geothermal permit under this Act. 9 2010 Act start day means the day section 379 commences. 10 assent means the date of assent of this Act. 11 Birdsville lease see section 382(1). 12 Ergon Energy means-- 13 (a) Ergon Energy Corporation Limited ACN 087 646 062; 14 or 15 (b) if, after assent, anyone else becomes a holder of the 16 Birdsville lease--the holder of that lease. 17 new land access provisions start day means the day section 18 467 commences. 19 Page 248

 


 

Geothermal Energy Bill 2010 Chapter 9 Repeal and transitional provisions Part 2 Transitional provisions [s 382] Division 2 Provisions for Ergon Energy 1 geothermal production near 2 Birdsville 3 Subdivision 1 Grant of and provisions about 4 Birdsville lease 5 382 Geothermal lease for Ergon Energy 6 (1) On assent, Ergon Energy is taken to have been granted a 7 geothermal lease (the Birdsville lease) for the following 8 sub-blocks-- 9 Cooper Creek block identification map 10 Block Sub-blocks 1600 P, T, U, Y, Z 1601 L, M, N, O, Q, R, S, T, V, W, X, Y 1672 D, E 1673 A, B, C, F, G, H (2) The term of the Birdsville lease is 5 years from assent. 11 (3) This Act applies to the Birdsville lease as if all of this Act, 12 other than chapters 2 and 3, had commenced on assent. 13 (4) In this section-- 14 block identification map means a map that forms part of the 15 series of maps known as the `Block Identification 16 Map--Series B' held by the department. 17 383 Authorised activities 18 From assent, Ergon Energy may, subject to this Act, carry out 19 for the Birdsville lease any authorised activity for a 20 geothermal lease. 21 Page 249

 


 

Geothermal Energy Bill 2010 Chapter 9 Repeal and transitional provisions Part 2 Transitional provisions [s 384] 384 Conditions 1 (1) The mandatory conditions for geothermal leases apply for the 2 Birdsville lease. 3 (2) However, sections 129 and 130 do not apply for the Birdsville 4 lease until the third anniversary of assent. 5 Editor's note-- 6 sections 129 (Annual rent) and 130 (Civil penalty for nonpayment of 7 annual rent) 8 (3) Subsection (1) is subject to sections 385 and 386. 9 385 Land access provisions until the new land access 10 provisions start day 11 (1) This section applies only until the new land access provisions 12 start day. 13 (2) The following provisions of this Act do not apply for the 14 Birdsville lease-- 15 (a) section 128; 16 (b) the following provisions of chapter 6-- 17 · part 5 18 · part 6, division 2 19 · part 8, division 1; 20 (c) chapter 7, part 1. 21 (3) The 2004 Act, sections 90 to 96 and 98 to 101, and any 22 definitions under that Act to the extent they are relevant to the 23 sections, apply for the Birdsville lease as if-- 24 (a) the lease were a permit under that Act; and 25 (b) a reference in the provisions to a permit included a 26 reference to the lease. 27 Page 250

 


 

Geothermal Energy Bill 2010 Chapter 9 Repeal and transitional provisions Part 2 Transitional provisions [s 386] Subdivision 2 Development plan provisions 1 386 Deferral of development plan requirement 2 Section 123 does not apply for the Birdsville lease until the 3 later of the following-- 4 (a) 12 months after the Environmental Protection Act, 5 section 665 commences; 6 Editor's note-- 7 Environmental Protection Act, section 665 (Deferral of 8 requirement for environmental authority for Birdsville 9 geothermal lease) 10 (b) if, within the 12 months, Ergon Energy applies under 11 section 387 for approval of a development plan for the 12 lease--the day the application is decided. 13 387 Provisions for approval of development plan 14 (1) Ergon Energy may at any time apply to the Minister for 15 approval of a proposed development plan for the Birdsville 16 lease. 17 (2) Chapter 3, part 3, divisions 1 to 3 apply for the application as 18 if Ergon Energy had applied for a geothermal lease and did 19 not hold one. 20 (3) If the Minister approves the proposed development plan, it 21 becomes the development plan for the Birdsville lease. 22 388 Exemption from geothermal royalty 23 Section 104 does not apply for the Birdsville lease. 24 Page 251

 


 

Geothermal Energy Bill 2010 Chapter 9 Repeal and transitional provisions Part 2 Transitional provisions [s 389] Division 3 New land access provisions for 1 2004 Act permits until 2010 Act start 2 day 3 389 Application of div 3 4 This division applies for a 2004 Act permit from the new land 5 access provisions start day to the 2010 Act start day. 6 Note-- 7 See also section 392 (Conversion of 2004 Act permits on 2010 Act start 8 day). 9 390 Compliance with land access code 10 (1) Section 128 applies to holder of the permit as if it were a 2010 11 Act permit and compliance with that section were a 12 mandatory condition of the permit under the 2004 Act. 13 (2) If a mandatory or tenure condition of the permit under the 14 2004 Act is inconsistent with a mandatory provision of the 15 land access code, the mandatory provision prevails to the 16 extent of the inconsistency. 17 391 Application of particular provisions of this Act 18 (1) The 2004 Act, sections 90 to 96 and 98 to 101 cease to apply 19 for the permit. 20 (2) The following provisions of this Act apply for the permit-- 21 (a) section 128; 22 (b) the following provisions of chapter 6-- 23 · part 5 24 · part 6, division 2 25 · part 8, division 1; 26 (c) chapter 7, part 1; 27 Page 252

 


 

Geothermal Energy Bill 2010 Chapter 9 Repeal and transitional provisions Part 2 Transitional provisions [s 392] (d) any definitions under schedule 3 to the extent they are 1 relevant to the provisions mentioned in paragraphs (a) to 2 (c). 3 (3) The provisions applied under subsection (2) apply as if-- 4 (a) the permit were a 2010 Act permit; and 5 (b) a reference in the provisions to a geothermal tenure 6 included a reference to the permit; and 7 (c) the provisions were in force. 8 (4) Despite the provisions applied under subsection (2), a 9 proceeding for compensation started under the 2004 Act, 10 section 101 before the new land access provisions start day 11 may be finished as if the provisions did not apply. 12 Division 4 General provisions 13 392 Conversion of 2004 Act permits on 2010 Act start day 14 (1) This section applies to a 2004 Act permit (the old permit) in 15 force immediately before the 2010 Act start day. 16 (2) On the 2010 Act start day, the permit becomes a 2010 Act 17 permit (the converted permit). 18 (3) The converted permit continues in force subject to this Act for 19 the rest of the old permit's term. 20 (4) However, the old permit's conditions immediately before the 21 2010 Act start day, as amended from time to time under this 22 Act, continue in force for the converted permit. 23 (5) If a condition of the old permit mentioned in subsection (4) 24 conflicts with a mandatory condition for geothermal permits, 25 or a mandatory provision of the land access code, the 26 mandatory condition or mandatory provision prevails to the 27 extent of the inconsistency. 28 Page 253

 


 

Geothermal Energy Bill 2010 Chapter 9 Repeal and transitional provisions Part 2 Transitional provisions [s 393] (6) The work program for the converted permit is the proposed 1 work program included in the tender for the old permit made 2 under section 21 of the 2004 Act. 3 393 Outstanding tenders under 2004 Act 4 (1) This section applies to a tender for a proposed 2004 Act 5 permit made but not decided before the 2010 Act start day. 6 (2) On the 2010 Act start day, the tender becomes an application 7 for a 2010 Act permit. 8 (3) The tender is taken to comply with the requirements under 9 this Act for making the application. 10 (4) To remove any doubt, subsection (2) does not prevent the 11 application of sections 92 and 358 to the application. 12 394 Other undecided applications 13 (1) An application under the 2004 Act about a 2004 Act permit 14 becomes an application for any corresponding matter under 15 this Act. 16 (2) The application is taken to comply with the requirements 17 under this Act for making an application of that type under 18 this Act. 19 (3) To remove any doubt, subsection (2) does not prevent the 20 application of section 358 to the application. 21 395 Decisions or documents under 2004 Act 22 (1) This section applies to a decision or document under the 2004 23 Act in force immediately before the 2010 Act start day about a 24 matter under that Act. 25 (2) On the 2010 Act start day, the decision or document is taken 26 to have been given under this Act about any corresponding 27 matter under this Act. 28 Page 254

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 1 Amendments commencing on date of assent [s 396] (3) However, subsection (2) does not change the time when the 1 decision or document was given or made. 2 396 Outstanding appeals 3 If, immediately before the 2010 Act start day, an appeal about 4 a matter under the 2004 Act had not been decided, on the 5 2010 Act start day the appeal is taken to be an appeal about 6 any corresponding matter under this Act. 7 Chapter 10 Amendment of Acts 8 Part 1 Amendments commencing on 9 date of assent 10 Division 1 Amendment of Electricity Act 1994 11 397 Act amended 12 This division amends the Electricity Act 1994. 13 398 Amendment of s 131A (Retailer of last resort scheme) 14 (1) Section 131A(3)(i)-- 15 renumber as section 131A(3)(j). 16 (2) Section 131A(3)-- 17 insert-- 18 `(i) the recovery of a distribution entity's costs incurred 19 relating to the happening of the circumstances in which 20 the scheme operates;'. 21 Page 255

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 1 Amendments commencing on date of assent [s 399] Division 2 Amendment of Geothermal 1 Exploration Act 2004 2 399 Act amended 3 This division amends the Geothermal Exploration Act 2004. 4 400 Replacement of s 138A (Ministerial directions about the 5 giving of information) 6 Section 138A-- 7 omit, insert-- 8 `138A Practice manual 9 `(1) The chief executive may keep, in the way the chief executive 10 considers appropriate, a manual (however called) about permit 11 administration practice to guide and inform persons dealing 12 with the department. 13 `(2) The manual may include-- 14 (a) directions about-- 15 (i) what information, documents or instruments 16 (material) a person may or must give; and 17 (ii) how or when requested material must be given; and 18 (iii) the format of requested material; and 19 (b) practices to ensure there is consistency and efficiency in 20 permit administration processes. 21 `(3) If-- 22 (a) a person is required or permitted to give the Minister or 23 the chief executive (the official) information for a 24 particular purpose relating to this Act; and 25 (b) this Act does not provide for how the information may 26 or must be given to the official for the purpose; and 27 Page 256

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 1 Amendments commencing on date of assent [s 400] (c) the person gives the official the information in the way 1 required or permitted under the manual; 2 the person is taken to have given the official the information 3 for the purpose. 4 `(4) The information must be given at-- 5 (a) if the manual states a particular office of the department 6 where the information must be given (a required 7 office)--that office; or 8 (b) if the manual does not state a required office and the 9 information relates to a particular application--the 10 department's office where the application was lodged; 11 or 12 (c) otherwise--the office of the chief executive. 13 `(5) The chief executive must-- 14 (a) keep a copy of the manual and a record (however called) 15 of each part of the manual, including the dates when 16 each part was published or superseded; and 17 (b) make the manual and the record available to the public 18 in the way the chief executive considers appropriate. 19 `(6) Without limiting subsection (5), the chief executive must 20 ensure an up-to-date copy of the manual and the record are 21 available to be read free of charge-- 22 (a) on the department's website; and 23 (b) if information relates to a particular application--at the 24 department's office where the application was lodged.'. 25 Page 257

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 1 Amendments commencing on date of assent [s 401] Division 3 Amendment of Greenhouse Gas 1 Storage Act 2009 2 401 Act amended 3 The following provisions amend the Greenhouse Gas Storage 4 Act 2009-- 5 · this division 6 · part 2, division 1 7 · part 3, division 3 8 · schedule 2, parts 1, 2 and 4. 9 402 Omission of s 10 (Native title) 10 Section 10-- 11 omit. 12 403 Amendment of s 23 (What is a GHG storage activity) 13 Section 23, after `authority'-- 14 insert-- 15 `, whether or not a GHG authority has been granted for the 16 activity'. 17 404 Amendment of s 28 (Reservation in land grants) 18 (1) Section 28(3), `authority-related'-- 19 omit, insert-- 20 `GHG storage'. 21 (2) Section 28(4), definition authority-related activity-- 22 omit. 23 Page 258

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 1 Amendments commencing on date of assent [s 405] 405 Amendment of s 35 (Requirements for making tender) 1 Section 35(b)(iii)-- 2 omit, insert-- 3 `(iii) a statement about the extent to which the tenderer 4 has-- 5 (A) the financial and technical resources to carry 6 out authorised activities for the proposed 7 GHG permit; and 8 (B) the ability to manage GHG storage 9 exploration; and'. 10 406 Omission of s 36 (Requirements for verification 11 statement) 12 Section 36-- 13 omit. 14 407 Amendment of s 56 (Verification may be required) 15 Section 56(1)-- 16 insert-- 17 `(d) that, in the person's opinion, the applicant has-- 18 (i) the financial and technical resources to carry out 19 authorised activities for the proposed GHG permit; 20 and 21 (ii) the ability to manage GHG storage exploration.'. 22 408 Amendment of s 114 (Requirements for making 23 permit-related application) 24 Section 114(c)(iii)-- 25 omit, insert-- 26 Page 259

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 1 Amendments commencing on date of assent [s 409] `(iii) a statement about the extent to which the applicant 1 has-- 2 (A) the financial and technical resources to carry 3 out authorised activities for the proposed 4 GHG lease; and 5 (B) the ability to manage GHG stream storage; 6 and'. 7 409 Omission of s 115 (Requirements for verification 8 statement) 9 Section 115-- 10 omit. 11 410 Amendment of s 125 (Call for tenders) 12 Section 125(1), after `(a call for tenders)'-- 13 insert-- 14 `for land other than unavailable land for a GHG lease'. 15 411 Amendment of s 148 (Verification may be required) 16 Section 148(1)-- 17 insert-- 18 `(d) that, in the person's opinion, the applicant has-- 19 (i) the financial and technical resources to carry out 20 authorised activities for the proposed GHG lease; 21 and 22 (ii) the ability to manage GHG stream storage.'. 23 412 Replacement of s 427 (Ministerial directions about the 24 giving of information) 25 Section 427-- 26 Page 260

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 1 Amendments commencing on date of assent [s 412] omit, insert-- 1 `427 Practice manual 2 `(1) The chief executive may keep, in the way the chief executive 3 considers appropriate, a manual (however called) about GHG 4 authority administration practice to guide and inform persons 5 dealing with the department. 6 `(2) The manual may include-- 7 (a) directions about-- 8 (i) what information, documents or instruments 9 (material) a person may or must give; and 10 (ii) how or when requested material must be given; and 11 (iii) the format of requested material; and 12 (b) practices to ensure there is consistency and efficiency in 13 GHG authority administration processes. 14 `(3) If-- 15 (a) a person is required or permitted to give the Minister or 16 the chief executive (the official) information for a 17 particular purpose relating to this Act; and 18 (b) this Act does not provide for how the information may 19 or must be given to the official for the purpose; and 20 (c) the person gives the official the information in the way 21 required or permitted under the manual; 22 the person is taken to have given the official the information 23 for the purpose. 24 `(4) The information must be given at-- 25 (a) if the manual states a particular office of the department 26 where the information must be given (a required 27 office)--that office; or 28 (b) if the manual does not state a required office and the 29 information relates to a particular application--the 30 department's office where the application was lodged; 31 or 32 Page 261

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 1 Amendments commencing on date of assent [s 413] (c) otherwise--the office of the chief executive. 1 `(5) The chief executive must-- 2 (a) keep a copy of the manual and a record (however called) 3 of each part of the manual, including the dates when 4 each part was published or superseded; and 5 (b) make the manual and the record available to the public 6 in the way the chief executive considers appropriate. 7 `(6) Without limiting subsection (5), the chief executive must 8 ensure an up-to-date copy of the manual and the record are 9 available to be read free of charge-- 10 (a) on the department's website; and 11 (b) if information relates to a particular application--at the 12 department's office where the application was made.'. 13 Division 4 Amendment of Mineral Resources 14 Act 1989 15 413 Act amended 16 The following provisions amend the Mineral Resources Act 17 1989-- 18 · this division 19 · part 2, division 2 20 · part 3, division 5 21 · schedule 2, part 2. 22 414 Replacement of s 416B (Ministerial directions about the 23 giving of information) 24 Section 416B-- 25 omit, insert-- 26 Page 262

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 1 Amendments commencing on date of assent [s 414] `416B Practice manual 1 `(1) The chief executive may keep, in the way the chief executive 2 considers appropriate, a manual (however called) about 3 mining tenement administration practice to guide and inform 4 persons dealing with the department. 5 `(2) The manual may include-- 6 (a) directions about-- 7 (i) what information, documents or instruments 8 (material) a person may or must give; and 9 Examples-- 10 1 A direction may state what material may be included 11 in statement under section 133(1)(g)(ii) specifying an 12 applicant's technical resources or financial resources. 13 2 A direction may state acceptable methods for section 14 246 (Description of mining lease). 15 3 If a mining tenement applicant gives quarterly reports 16 to the Australian Securities Exchange (ASX Limited 17 (ACN 008 624 691)), a direction may require the 18 applicant to give the applicant's last 2 quarterly 19 reports provided to that exchange. 20 (ii) how or when requested material must be given; and 21 (iii) the format of requested material; and 22 (b) practices to ensure there is consistency and efficiency in 23 mining tenement administration processes. 24 `(3) If-- 25 (a) a person is required or permitted to give the Minister or 26 the chief executive (the official) information for a 27 particular purpose relating to this Act; and 28 (b) this Act does not provide for how the information may 29 or must be given to the official for the purpose; and 30 Examples of when this Act does not so provide -- 31 1 An authorisation required to be produced under section 32 167(1) or 216(1) is to be in a form acceptable to the 33 Minister. 34 Page 263

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 1 Amendments commencing on date of assent [s 415] 2 The statement required under section 231C(1)(e)(ii) is to be 1 acceptable to the to the Minister. 2 (c) the person gives the official the information in the way 3 required or permitted under the manual; 4 the person is taken to have given the official the information 5 for the purpose. 6 `(4) The information must be given at-- 7 (a) if the manual states a particular office of the department 8 where the information must be given (a required 9 office)--that office; or 10 (b) if the manual does not state a required office and the 11 information relates to a particular application--the 12 department's office where the application was lodged; 13 or 14 (c) otherwise--the office of the chief executive. 15 `(5) The chief executive must-- 16 (a) keep a copy of the manual and a record (however called) 17 of each part of the manual, including the dates when 18 each part was published or superseded; and 19 (b) make the manual and the record available to the public 20 in the way the chief executive considers appropriate. 21 `(6) Without limiting subsection (5), the chief executive must 22 ensure an up-to-date copy of the manual and the record are 23 available to be read free of charge-- 24 (a) on the department's website; and 25 (b) if information relates to a particular application--at the 26 department's office where the application was lodged.'. 27 415 Insertion of new ss 722EA and 722EB 28 After section 722E-- 29 insert-- 30 Page 264

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 1 Amendments commencing on date of assent [s 415] `722EA No consent required for application for mining 1 tenement for particular land 2 `(1) This section applies to an application for a mining lease by the 3 prescribed persons in respect of all or any prescribed land 4 under section 722D or 722E, if the land is covered by an 5 existing authority within the meaning of section 248(1)(a). 6 `(2) Despite section 248(2), the written consent to the application 7 of the holder of the existing authority need not be obtained by 8 the prescribed persons. 9 `(3) Also, section 248(4) does not apply to the application. 10 `(4) To remove any doubt, it is declared that this section applies to 11 the application whether it was made before or after the 12 commencement of this section. 13 `722EB Deciding application to add excluded land to EPC 14 545 15 `(1) This section applies to an application under section 176A to 16 add excluded land to exploration permit for coal 545 (the 17 excluded land application) whether the application was made 18 before or after the commencement of this section. 19 `(2) If-- 20 (a) the excluded land application involves prescribed land 21 under section 722D or 722E; and 22 (b) the prescribed persons have, under section 722D or 23 722E, applied for a mining lease in respect of the 24 prescribed land; 25 the Minister need not decide the excluded land application, to 26 the extent it relates to the prescribed land, until after the day 27 each application for a mining lease in respect of the prescribed 28 land has been finally decided. 29 `(3) For this Act, if the Minister defers deciding a part of the 30 excluded land application under subsection (2), the 31 application is taken not to have been finally decided by the 32 Minister until the day the Minister decides that part. 33 Page 265

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 1 Amendments commencing on date of assent [s 416] `(4) In this section-- 1 excluded land means-- 2 (a) excluded land as defined under section 176A(5); or 3 (b) land that, under section 722B(7), is excluded land for 4 section 176A.'. 5 416 Replacement of pt 19, div 12 6 Part 19, division 12-- 7 omit, insert-- 8 `Division 12 Transitional provision for Mines and 9 Energy Legislation Amendment Act 10 2010 11 `773 Existing mining lease applications 12 `(1) This section applies to an application for the grant of a mining 13 lease lodged before the commencement but not heard by the 14 Land Court before the commencement. 15 `(2) If a properly made objection was lodged before the 16 commencement-- 17 (a) previous section 265 applies to the application; and 18 (b) this Act as in force immediately before the 19 commencement continues to apply to the Land Court for 20 dealing with, or continuing to deal with, the application. 21 `(3) If a properly made objection was not lodged before the 22 commencement-- 23 (a) amended section 265 applies to the application; and 24 (b) any reference under previous section 265 of the 25 application to the Land Court for hearing is of no effect 26 and is taken never to have had any effect; and 27 Page 266

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 1 Amendments commencing on date of assent [s 416] (c) this Act as in force from the commencement applies to 1 the application. 2 `(4) In this section-- 3 amended section 265 means section 265 as in force 4 immediately after the commencement. 5 commencement means the date of assent of the Mines and 6 Energy Legislation Amendment Act 2010. 7 previous section 265 means section 265 as in force before the 8 commencement. 9 properly made objection means an objection to the 10 application lodged in accordance with section 260. 11 `Division 13 Transitional provisions for 12 amendments under Geothermal 13 Energy Act 2010 14 `Subdivision 1 Provision for amendments 15 commencing on date of assent 16 `774 Reference to particular leases 17 `(1) A reference in an Act, lease, contract or other document to a 18 CQCAA lease is, if the context permits, taken to include a 19 reference to a CQCAA lease that is renewed under this Act or 20 any other Act relating to mining. 21 `(2) In this section-- 22 CQCAA lease means a special coal mining lease granted 23 under the Central Queensland Coal Associates Agreement Act 24 1968.'. 25 Page 267

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 1 Amendments commencing on date of assent [s 417] Division 5 Amendment of Petroleum Act 1923 1 417 Act amended 2 The following provisions amend the Petroleum Act 1923-- 3 · this division 4 · part 2, division 3 5 · part 3, division 7 6 · schedule 2, parts 2 and 4. 7 418 Replacement of s 142 (Ministerial directions about the 8 giving of information) 9 Section 142-- 10 omit, insert-- 11 `142 Practice manual 12 `(1) The chief executive may keep, in the way the chief executive 13 considers appropriate, a manual (however called) about 1923 14 Act petroleum tenure administration practice to guide and 15 inform persons dealing with the department. 16 `(2) The manual may include-- 17 (a) directions about-- 18 (i) what information, documents or instruments 19 (material) a person may or must give; and 20 (ii) how or when requested material must be given; and 21 (iii) the format of requested material; and 22 (b) practices to ensure there is consistency and efficiency in 23 1923 Act petroleum tenure administration processes. 24 `(3) If-- 25 (a) a person is required or permitted to give the Minister or 26 the chief executive (the official) information for a 27 particular purpose relating to this Act; and 28 Page 268

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 1 Amendments commencing on date of assent [s 418] (b) this Act does not provide for how the information may 1 or must be given to the official for the purpose; and 2 (c) the person gives the official the information in the way 3 required or permitted under the manual; 4 the person is taken to have given the official the information 5 for the purpose. 6 `(4) The information must be given at-- 7 (a) if the manual states a particular office of the department 8 where the information must be given (a required 9 office)--that office; or 10 (b) if the manual does not state a required office and the 11 information relates to a particular application--the 12 department's office where the application was lodged; 13 or 14 (c) otherwise--the office of the chief executive. 15 `(5) The chief executive must-- 16 (a) keep a copy of the manual and a record (however called) 17 of each part of the manual, including the dates when 18 each part was published or superseded; and 19 (b) make the manual and the record available to the public 20 in the way the chief executive considers appropriate. 21 `(6) Without limiting subsection (5), the chief executive must 22 ensure an up-to-date copy of the manual and the record are 23 available to be read free of charge-- 24 (a) on the department's website; and 25 (b) if information relates to a particular application--at the 26 department's office where the application was lodged.'. 27 Page 269

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 1 Amendments commencing on date of assent [s 419] Division 6 Amendment of Petroleum and Gas 1 (Production and Safety) Act 2004 2 419 Act amended 3 The following provisions amend the Petroleum and Gas 4 (Production and Safety) Act 2004-- 5 · this division 6 · part 2, division 4 7 · part 3, division 8 8 · schedule 2, parts 1, 2 and 4. 9 420 Amendment of s 31 (Operation of div 1) 10 (1) Section 31(3)(c) to (g)-- 11 renumber as section 31(d) to (h). 12 (2) Section 31(3)-- 13 insert-- 14 `(c) chapter 3, part 4A; and'. 15 421 Amendment of s 121 (Requirements for grant) 16 Section 121(1)(b)(ii), `reserves'-- 17 omit, insert-- 18 `resources and reserves'. 19 422 Amendment of s 304 (Application of div 1) 20 Section 304(2)-- 21 insert-- 22 `(d) the coal or oil shale exploration tenement is a mineral (f) 23 pilot tenure.'. 24 Page 270

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 1 Amendments commencing on date of assent [s 423] 423 Amendment of s 331 (Application of div 2) 1 Section 331-- 2 insert-- 3 `(3) However, this division does not apply if land is in the area of a 4 coal or oil shale exploration tenement that is a mineral (f) pilot 5 tenure.'. 6 424 Amendment of s 344 (Application of div 2) 7 Section 344(2)-- 8 insert-- 9 `(c) the application relates to land in the area of a coal or oil 10 shale exploration tenement that is a mineral (f) pilot 11 tenure.'. 12 425 Insertion of new ch 3, pt 4A 13 After chapter 3, part 4-- 14 insert-- 15 `Part 4A Additional provisions if 16 overlapping mineral (f) pilot 17 tenure 18 `Division 1 Preliminary 19 `363A Definitions for pt 4A 20 `In this part-- 21 MDLA 407 see section 363B(2). 22 mineral (f) production tenure, for overlapping mineral (f) 23 land, means a tenure that authorises the production of mineral 24 (f) for the land. 25 Page 271

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 1 Amendments commencing on date of assent [s 425] mineral (f) tenure means a mineral (f) pilot tenure or a 1 mineral (f) production tenure. 2 mineral (f) pilot tenure see section363B(1). 3 overlapping mineral (f) land see section 363B(1). 4 `363B Application of pt 4A 5 `(1) This part applies to land (overlapping mineral (f) land) in the 6 area of-- 7 (a) mineral development licence 309, 374 or 385 (a mineral 8 (f) pilot tenure); or 9 (b) any mineral (f) production tenure granted for land in the 10 area of a mineral development licence mentioned in 11 paragraph (a). 12 `(2) This part also applies to land the subject of mineral 13 development licence application 407 (MDLA 407). 14 `363C Relationship with other provisions 15 `(1) This part applies despite-- 16 (a) other provisions of this chapter or the Mineral 17 Resources Act; and 18 (b) the conditions or other provisions of an authority to 19 prospect. 20 `(2) If this part conflicts with another provision of this chapter or 21 the Mineral Resources Act, this part prevails to the extent of 22 the inconsistency. 23 Page 272

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 1 Amendments commencing on date of assent [s 425] `Division 2 General suspension 1 `363D Suspension of authorised activities for authority to 2 prospect 3 `(1) This section applies to an authorised activity for an authority 4 to prospect in the area of overlapping mineral (f) land. 5 `(2) Subject to subsection (3) and section 363E, any right to carry 6 out the activity on the overlapping mineral (f) land is 7 suspended. 8 `(3) During the suspension, the authority holder may carry out an 9 authorised activity for the authority on the overlapping 10 mineral (f) land only if-- 11 (a) the mineral (f) tenure holder for the land has agreed in 12 writing to the carrying out of the activity; and 13 (b) a copy of the agreement has been lodged at the relevant 14 office; and 15 (c) the agreement is still in force. 16 `(4) The suspension continues until the mineral (f) tenure ends. 17 `(5) In this section-- 18 relevant office means-- 19 (a) the office of the department for lodging an agreement 20 mentioned in subsection (3)(a), as stated in a gazette 21 notice by the chief executive; or 22 (b) if no office is stated under paragraph (a)--the office of 23 the chief executive. 24 `363E Entry rights for particular activities during suspension 25 `(1) An authority to prospect holder to whom section 363D applies 26 may, without an agreement mentioned in that section, enter 27 the overlapping mineral (f) land to-- 28 Page 273

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 1 Amendments commencing on date of assent [s 425] (a) carry out rehabilitation or environmental management 1 required of the holder under any relevant environmental 2 requirement under the Environmental Protection Act; or 3 (b) carry out low impact environmental monitoring; or 4 Examples-- 5 the monitoring of air, ecology, fauna, hydrology, soil or water 6 (c) move, remove or maintain equipment, machinery or 7 plant; or 8 (d) carry out improvement restoration for the authority to 9 prospect; or 10 (e) carry out care and maintenance of disturbed areas; or 11 (f) carry out low impact track construction or maintenance; 12 or 13 (g) use or maintain infrastructure put in place on the land 14 before the commencement of this section; or 15 (h) put in place or maintain infrastructure for a purpose, or 16 to do an activity, mentioned in paragraphs (d) to (g); or 17 (i) construct pipelines for transporting water in the area of 18 mineral development licence 374 for infrastructure 19 mentioned in paragraph (g), if-- 20 (i) the construction is an authorised activity for the 21 authority to prospect; and 22 (ii) the mineral (f) tenure holder for the land has 23 agreed in writing to the location of the pipelines; 24 and 25 (iii) a copy of the agreement has been lodged at the 26 relevant office; and 27 (iv) the agreement is still in force. 28 `(2) Subsection (1) is subject to section 363F. 29 `(3) The authority holder's rights and obligations under the rest of 30 this Act continue to apply for an entry and the carrying out of 31 an activity authorised under subsection (1). 32 Page 274

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 1 Amendments commencing on date of assent [s 425] `(4) In this section-- 1 improvement restoration, for an authority to prospect, means 2 the repair of any damage caused by an activity under the 3 authority to all pre-existing improvements on, or attached to, 4 the land subject to the authority by-- 5 (a) restoring them to the same, or substantially the same, 6 condition they were in before the damage happened; or 7 (b) replacing them with another improvement in the 8 condition mentioned in paragraph (a). 9 relevant office means-- 10 (a) the office of the department for lodging an agreement 11 mentioned in subsection (1)(i)(iii), as stated in a gazette 12 notice by the chief executive; or 13 (b) if no office is stated under paragraph (a)--the office of 14 the chief executive. 15 rest of this Act means the provisions of this Act other than this 16 part. 17 `363F Notice of entry under s 363E 18 `Before entering land under section 363E(1), an authority to 19 prospect holder must, at least 10 business days before the 20 entry, give the mineral (f) tenure holder for the land a notice 21 stating the following-- 22 (a) the area of the overlapping mineral (f) land proposed to 23 be entered; 24 (b) the period during which the land will be entered (the 25 entry period); 26 (c) the activities proposed to be carried out on the land 27 under section 363E(1); 28 (d) when and where the activities are proposed to be carried 29 out. 30 Page 275

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 1 Amendments commencing on date of assent [s 425] `363G Ministerial power to suspend authority to prospect 1 requirements 2 `(1) This section applies if the Minister is satisfied that, because of 3 section 363D, the holder of an authority to prospect is not able 4 to, or will not be able to, carry out all or any authorised 5 activities for the authority. 6 `(2) The Minister may, by giving notice to the authority holder, 7 decide to suspend or limit any of the performance 8 requirements for the authority to prospect, for all or part of the 9 term of the authority. 10 `(3) During the suspension or limitation, the obligation does not 11 apply to the extent of the suspension or limitation. 12 `(4) In this section-- 13 performance requirement means an obligation under this Act 14 or a condition of an authority to prospect, and includes an 15 obligation about relinquishment., 16 `Division 3 Resolving disputes 17 `363H Negotiation and request to Minister 18 `(1) This section applies if there is a dispute about any of the 19 following-- 20 (a) a right to carry out an authorised activity under section 21 363D; 22 (b) a right to enter overlapping mineral (f) land under 23 section 363E; 24 (c) any request made by a mineral (f) tenure holder to an 25 authority to prospect holder to remove or modify 26 infrastructure on overlapping mineral (f) land, if the 27 infrastructure was put in place on the land under-- 28 (i) an agreement entered into under section 363D(3); 29 or 30 Page 276

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 1 Amendments commencing on date of assent [s 425] (ii) section 363E(1). 1 `(2) The parties must use all reasonable endeavours to attempt to 2 resolve the dispute. 3 `(3) After complying with subsection (2), either of the parties may, 4 by a notice in the approved form, ask the Minister to decide 5 whether the entry is allowed or the activity may be carried out. 6 `(4) Before making a decision, the Minister must give the parties 7 an opportunity to make submissions about the request within a 8 reasonable period. 9 `(5) Also before making the decision, the Minister may refer the 10 dispute under section 363I to the Land Court for it to make 11 recommendations about deciding the dispute. 12 `363I Reference to Land Court 13 `(1) A referral by the Minister under section 363H(5) must be 14 made by filing a notice in the approved form with the registrar 15 of the Land Court. 16 `(2) The referral starts a proceeding before the Land Court for it to 17 make the recommendations. 18 `(3) The parties to the proceeding are the mineral (f) tenure holder 19 and the authority to prospect holder for the overlapping 20 mineral (f) land to which the dispute relates. 21 `363J Decision by Minister 22 `(1) The Minister must, after considering the following, decide the 23 matter and give the parties notice of the decision-- 24 (a) any submissions made by the parties under section 25 363H(4); 26 (b) any recommendations by the Land Court. 27 `(2) In making a decision, the Minister may also consider the 28 public interest. 29 `(3) The Minister's decision binds the parties. 30 Page 277

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 1 Amendments commencing on date of assent [s 425] `(4) The Minister may impose conditions on any decision that the 1 entry is allowed or the authorised activity may be carried out. 2 `Division 4 Obtaining petroleum lease if 3 overlapping mineral (f) land or land 4 in area of MDLA 407 5 `363K Additional provision about area of petroleum lease 6 `(1) This section applies if-- 7 (a) a person who, under section 117, may make an 8 ATP-related application for land that includes any of the 9 following makes that application-- 10 (i) land that is overlapping mineral (f) land; 11 (ii) land in the area of MDLA 407; and 12 (b) the Minister decides to grant the petroleum lease. 13 `(2) Without limiting section 168, the area of the petroleum lease 14 can not include-- 15 (a) the land that is overlapping mineral (f) land; or 16 (b) land in the area of MDLA 407. 17 `(3) The Minister may, in the lease, describe the exclusion of the 18 land under subsection (2) in a way the Minister considers 19 appropriate. 20 `363L Minister may add land to petroleum lease if mineral 21 (f) tenure ends 22 `(1) This section applies if-- 23 (a) land is not included in a petroleum lease because of 24 section 363K(2); and 25 (b) if the land is-- 26 Page 278

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 1 Amendments commencing on date of assent [s 425] (i) overlapping mineral (f) land--the mineral (f) 1 tenure for the land ends; and 2 (ii) in the area of MDLA 407-- 3 (A) the mineral (f) pilot tenure for mineral 4 development licence 309 ends; and 5 (B) a mineral (f) production tenure has not been 6 granted for land in the mineral development 7 licence's area. 8 `(2) The Minister may amend the petroleum lease by adding the 9 land to the lease area if-- 10 (a) the lease as amended complies with section 168; and 11 (b) the lease holder consents. 12 `(3) The Minister may amend the provisions of the lease in a way 13 that reflects the inclusion of the land. 14 `(4) Also, the Minister may give the lease holder a notice-- 15 (a) withdrawing, from a stated day, the approval of the 16 development plan for the lease; and 17 (b) directing the holder to lodge at the relevant office a 18 proposed later development plan for the lease that-- 19 (i) complies with the later development plan 20 requirements; and 21 (ii) changes the development plan for the lease to 22 reflect the inclusion of the land. 23 `(5) The amended provisions of the lease or the proposed later 24 development plan must not be-- 25 (a) inconsistent with the mandatory conditions of petroleum 26 leases; or 27 (b) the same as, or substantially the same as, or inconsistent 28 with, any relevant environmental condition for the lease. 29 `(6) In this section-- 30 relevant office means-- 31 Page 279

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 1 Amendments commencing on date of assent [s 426] (a) the office of the department for lodging proposed later 1 development plans, as stated in a gazette notice by the 2 chief executive; or 3 (b) if no office is gazetted under paragraph (a)--the office 4 of the chief executive.'. 5 426 Replacement of s 858A (Ministerial directions about the 6 giving of information) 7 Section 858A-- 8 omit, insert-- 9 `858A Practice manual 10 `(1) The chief executive may keep, in the way the chief executive 11 considers appropriate, a manual (however called) about 12 petroleum authority administration practice to guide and 13 inform persons dealing with the department. 14 `(2) The manual may include-- 15 (a) directions about-- 16 (i) what information, documents or instruments 17 (material) a person may or must give; and 18 (ii) how or when requested material must be given; and 19 (iii) the format of requested material; and 20 (b) practices to ensure there is consistency and efficiency in 21 petroleum authority administration processes. 22 `(3) If-- 23 (a) a person is required or permitted to give the Minister or 24 the chief executive (the official) information for a 25 particular purpose relating to this Act; and 26 (b) this Act does not provide for how the information may 27 or must be given to the official for the purpose; and 28 (c) the person gives the official the information in the way 29 required or permitted under the manual; 30 Page 280

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 1 Amendments commencing on date of assent [s 427] the person is taken to have given the official the information 1 for the purpose. 2 `(4) The information must be given at-- 3 (a) if the manual states a particular office of the department 4 where the information must be given (a required 5 office)--that office; or 6 (b) if the manual does not state a required office and the 7 information relates to a particular application--the 8 department's office where the application was lodged; 9 or 10 (c) otherwise--the office of the chief executive. 11 `(5) The chief executive must-- 12 (a) keep a copy of the manual and a record (however called) 13 of each part of the manual, including the dates when 14 each part was published or superseded; and 15 (b) make the manual and the record available to the public 16 in the way the chief executive considers appropriate. 17 `(6) Without limiting subsection (5), the chief executive must 18 ensure an up-to-date copy of the manual and the record are 19 available to be read free of charge-- 20 (a) on the department's website; and 21 (b) if information relates to a particular application--at the 22 department's office where the application was lodged.'. 23 427 Insertion of new ch 15, pt 10 hdg and div 1 24 Chapter 15-- 25 insert-- 26 Page 281

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 1 Amendments commencing on date of assent [s 428] `Part 10 Transitional provisions for 1 amendments under Geothermal 2 Energy Act 2010 3 `Division 1 Provisions about mineral (f) pilot 4 tenures 5 `947 Applications for particular petroleum leases 6 `Section 363K applies to an ATP-related application, if-- 7 (a) the application was made before the commencement of 8 this section; and 9 (b) immediately before the commencement, the application 10 has not been decided; and 11 (c) the application includes land that is overlapping mineral 12 (f) land or land in the area of MDLA 407.'. 13 428 Amendment of sch 2 (Dictionary) 14 Schedule 2-- 15 insert-- 16 `low impact, for an activity or infrastructure, means the 17 activity or infrastructure-- 18 (a) is of low impact on the environment; and 19 (b) is of low impact for land disturbance; and 20 (c) does not adversely affect the carrying out of an 21 authorised activity, or is not likely to adversely affect the 22 carrying out of a future authorised activity, under a 23 mineral (f) tenure. 24 MDLA 407 see section 363B(2). 25 mineral (f) pilot tenure see section 363B(1). 26 Page 282

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 429] mineral (f) production tenure see section 363A. 1 mineral (f) tenure see section 363A. 2 overlapping mineral (f) land see section 363B(1).'. 3 Part 2 Amendments relating to land 4 access and owners and 5 occupiers 6 Division 1 Amendment of Greenhouse Gas 7 Storage Act 2009 8 429 Act amended 9 The following provisions amend the Greenhouse Gas Storage 10 Act 2009-- 11 · this division 12 · part 1, division 3 13 · part 3, division 3 14 · schedule 2, parts 1, 2 and 4. 15 430 Omission of s 85 (Obligation to consult with particular 16 owners and occupiers) 17 Section 85-- 18 omit. 19 Page 283

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 431] 431 Omission of s 166 (Obligation to consult with particular 1 owners and occupiers) 2 Section 166-- 3 omit. 4 432 Replacement of ch 5, pt 7, divs 1 to 3 5 Chapter 5, part 7, divisions 1 to 3-- 6 omit, insert-- 7 `Division 1 Requirements for entry to private 8 land in GHG authority area 9 `Subdivision 1 Entry notice requirement for 10 preliminary activities and particular 11 advanced activities 12 `278 Entry notice requirement 13 `(1) A person must not-- 14 (a) enter private land in a GHG authority's area to carry out 15 a preliminary activity for the authority; or 16 (b) enter private land in a GHG authority's area to carry out 17 an advanced activity for the authority if either of the 18 following applies for the entry-- 19 (i) the deferral agreement exemption; 20 (ii) the Land Court application exemption; 21 unless the GHG authority's holder has given each owner and 22 occupier of the land a written notice of the entry that complies 23 with section 279 (an entry notice). 24 Maximum penalty--500 penalty units. 25 `(2) The entry notice must be given-- 26 Page 284

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 432] (a) generally--at least 10 business days before the entry; or 1 (b) if, by a signed endorsement on the notice, the relevant 2 owner or occupier has agreed to a shorter period--the 3 shorter period. 4 Maximum penalty--500 penalty units. 5 `(3) The holder must give the chief executive a copy of the entry 6 notice immediately after the notice is given and before entry is 7 made under the GHG authority. 8 Maximum penalty--10 penalty units. 9 `(4) A contravention of subsection (3) does not affect the validity 10 of the notice or the entry. 11 `(5) This section is subject to section 280. 12 `(6) In this section-- 13 deferral agreement exemption, for an entry, means that the 14 conduct and compensation agreement requirement does not 15 apply for the entry because of section 284(c)(i). 16 give, for an entry notice, includes publishing it in a way 17 approved under section 282. 18 Land Court application exemption, for an entry, means that 19 the conduct and compensation agreement requirement does 20 not apply for the entry because of section 284(c)(ii). 21 `279 Required contents of entry notice 22 `(1) An entry notice must state the following-- 23 (a) the land proposed to be entered; 24 (b) the period during which the land will be entered (the 25 entry period); 26 (c) the activities proposed to be carried out on the land; 27 (d) when and where the activities are proposed to be carried 28 out; 29 (e) contact details for-- 30 Page 285

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 432] (i) the relevant GHG authority holder; or 1 (ii) another person the holder has authorised to discuss 2 the matters stated in the notice. 3 `(2) Also, the first entry notice from the GHG authority holder to a 4 particular owner or occupier must be accompanied by or 5 include a copy of-- 6 (a) the land access code; and 7 (b) any code of practice made under this Act applying to 8 authorised activities for the GHG authority; and 9 (c) the relevant environmental authority documentation. 10 `(3) The entry period can not be longer than-- 11 (a) generally--6 months; or 12 (b) if the relevant owner or occupier agrees in writing to a 13 longer period--the longer period. 14 `(4) Subject to subsections (1) to (3), an entry notice may state an 15 entry period that is different to the entry period stated in 16 another entry notice given by the GHG authority holder to 17 another owner or occupier of the land. 18 `(5) In this section-- 19 relevant environmental authority documentation means-- 20 (a) if, under the Environmental Protection Act, the relevant 21 environmental authority for the GHG authority is a code 22 compliant authority--the relevant code; or 23 (b) if, under the Environmental Protection Act, the relevant 24 environmental authority for the GHG authority is a 25 non-code compliant authority-- 26 (i) the environmental authority; and 27 (ii) if the environmental authority imposes conditions 28 by referring to a code--that code. 29 Page 286

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 432] `280 Exemptions from entry notice requirement 1 `(1) The requirement under section 278(1) to give an entry notice 2 does not apply for an entry to land to carry out an authorised 3 activity if any of the following apply-- 4 (a) the GHG authority holder owns the land; 5 (b) the holder has the right other than under this Act to enter 6 the land to carry out the activity; 7 (c) if-- 8 (i) there is a conduct and compensation agreement 9 relating to the land; and 10 (ii) each eligible claimant for the land is a party to the 11 agreement; and 12 (iii) the agreement includes a waiver of entry notice; 13 (d) the entry is to preserve life or property or because of an 14 emergency that exists or may exist; 15 (e) the relevant owner or occupier has, by signed writing, 16 given a waiver of entry notice. 17 `(2) A waiver of entry notice mentioned in subsection (1) must 18 comply with section 281(1). 19 `281 Provisions for waiver of entry notice 20 `(1) A waiver of entry notice mentioned in section 280 must-- 21 (a) if it does not form part of a conduct and compensation 22 agreement, be written and signed; and 23 (b) state the following-- 24 (i) that the relevant owner or occupier has been told 25 they are not required to agree to the waiver of entry 26 notice; 27 (ii) the authorised activities proposed to be carried out 28 on the land; 29 (iii) the period during which the land will be entered; 30 Page 287

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 432] (iv) when and where the activities are proposed to be 1 carried out. 2 `(2) The relevant owner or occupier can not withdraw the waiver 3 of entry notice during the period. 4 `(3) The waiver of entry notice ceases to have effect at the end of 5 the period. 6 `282 Giving entry notice by publication 7 `(1) The chief executive may approve a GHG authority holder 8 giving an entry notice for the authority by publishing it in a 9 stated way. 10 `(2) The publication may relate to more than 1 entry notice. 11 `(3) The chief executive may give the approval only if satisfied-- 12 (a) for a relevant owner or occupier who is an individual, it 13 is impracticable to give the owner or occupier the notice 14 personally; and 15 (b) the publication will happen at least 20 business days 16 before the entry. 17 `Subdivision 2 Conduct and compensation 18 agreement requirement for 19 particular advanced activities 20 `283 Conduct and compensation agreement requirement 21 `(1) A person must not enter private land in a GHG authority's 22 area to carry out an advanced activity for the authority (the 23 relevant activity) unless each eligible claimant for the land is 24 a party to an appropriate conduct and compensation 25 agreement. 26 Maximum penalty--500 penalty units. 27 Page 288

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 432] `(2) The requirement under subsection (1) is the conduct and 1 compensation agreement requirement. 2 Note-- 3 For conduct and compensation agreements, see part 10, division 1. 4 `(3) In this section-- 5 appropriate conduct and compensation agreement, for an 6 eligible claimant, means a conduct and compensation 7 agreement about the holder's compensation liability to the 8 eligible claimant of at least to the extent the liability relates to 9 the relevant activity and its effects. 10 `284 Exemptions from conduct and compensation 11 agreement requirement 12 `The conduct and compensation agreement requirement does 13 not apply for an entry to land to carry out an advanced activity 14 if any of the following apply-- 15 (a) the GHG authority holder owns the land; 16 (b) the holder has the right other than under this Act to enter 17 the land to carry out the activity; 18 (c) each eligible claimant for the land is-- 19 (i) a party to an agreement, complying with section 20 285, that a conduct and compensation agreement 21 can be entered into after the entry (a deferral 22 agreement); or 23 (ii) an applicant or respondent to a Land Court 24 application under section 325B relating to the land; 25 (d) the entry is to preserve life or property or because of an 26 emergency that exists or may exist. 27 `285 Requirements for deferral agreement 28 `A deferral agreement must-- 29 Page 289

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 433] (a) be written and signed by or for the holder and each 1 eligible claimant for the land to be entered; and 2 (b) state the following-- 3 (i) that the eligible claimant has been told the claimant 4 is under no obligation to enter into a deferral 5 agreement before entering into a conduct and 6 compensation agreement; 7 (ii) the authorised activities proposed to be carried out 8 on the land; 9 (iii) the period during which the land will be entered; 10 (iv) when and where the activities are proposed to be 11 carried out; 12 (v) the period for which the deferral agreement has 13 effect; 14 (vi) when it is proposed to enter into a conduct and 15 compensation agreement.'. 16 433 Amendment of s 297 (Change in ownership or 17 occupancy) 18 Section 297(1)(b), from `the requirement' to `before entry'-- 19 omit, insert-- 20 `section 279(2)'. 21 434 Amendment of s 314 (Required contents of entry notice) 22 Section 314(3), `for a GHG lease'-- 23 omit. 24 435 Replacement of ch 5, pt 10 (General compensation 25 provisions) 26 Chapter 5, part 10-- 27 omit, insert-- 28 Page 290

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 435] `Part 10 Compensation and negotiated 1 access 2 `Division 1 Compensation other than for 3 notifiable road uses 4 `Subdivision 1 Preliminary 5 `319 Application of div 1 6 `This division does not apply for a public land authority in 7 relation to a notifiable road use. 8 `Subdivision 2 General provisions 9 `320 General liability to compensate 10 `(1) The holder of each GHG authority is liable to compensate 11 each owner or occupier of private land or public land in the 12 area of, or access land for, the authority (an eligible claimant) 13 for any compensatable effect the eligible claimant suffers 14 caused by relevant authorised activities. 15 `(2) A GHG authority holder's liability under subsection (1) to an 16 eligible claimant is the holder's compensation liability to the 17 claimant. 18 `(3) This section is subject to section 325E. 19 `(4) In this section-- 20 compensatable effect means all or any of the following 21 relating to the eligible claimant's land-- 22 (a) deprivation of possession of its surface; 23 (b) diminution of its value; 24 Page 291

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 435] (c) diminution of the use made or that may be made of the 1 land or any improvement on it; 2 (d) severance of any part of the land from other parts of the 3 land or from other land that the eligible claimant owns; 4 (e) any cost or loss arising from the carrying out of 5 activities under the GHG authority on the land. 6 relevant authorised activities means authorised activities for 7 the GHG authority carried out by the holder or a person 8 authorised by the holder. 9 `Subdivision 3 General provisions for conduct and 10 compensation agreements 11 `321 Conduct and compensation agreement 12 `(1) An eligible claimant and a GHG authority holder may enter 13 into an agreement (a conduct and compensation agreement) 14 about-- 15 (a) how and when the GHG authority holder may enter the 16 land for which the eligible claimant is an eligible 17 claimant; and 18 (b) how authorised activities under the GHG authority to 19 the extent they relate to the eligible claimant must be 20 carried out; and 21 (c) the holder's compensation liability to the claimant or 22 any future compensation liability that the holder may 23 have to the claimant. 24 `(2) However, a conduct and compensation agreement can not be 25 inconsistent with this Act, a condition of the GHG authority 26 or a mandatory provision of the land access code and is 27 unenforceable to the extent of the inconsistency. 28 `(3) A conduct and compensation agreement may relate to all or 29 part of the liability or future liability. 30 Page 292

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 435] `322 Content of conduct and compensation agreement 1 `(1) A conduct and compensation agreement must-- 2 (a) provide for the matters mentioned in section 321(1); and 3 (b) be written and signed by or for the GHG authority 4 holder and the eligible claimant; and 5 (c) state whether it is for all or part of the compensation 6 liability; and 7 (d) if it is for only part of the compensation liability, state-- 8 (i) details of each activity or effects of the activity to 9 which the agreement relates; and 10 (ii) the period for which the agreement has effect; and 11 (e) provide for how and when the compensation liability 12 will be met. 13 `(2) A conduct and compensation agreement may-- 14 (a) extend the holder's compensation liability to the 15 claimant or any future compensation liability that the 16 holder may have to the claimant to any renewal of the 17 GHG authority; and 18 (b) provide for-- 19 (i) monetary or non-monetary compensation; or 20 Example of non-monetary compensation-- 21 A conduct and compensation agreement may provide for 22 the construction of a road for the claimant. 23 (ii) a process by which it may be amended or enforced; 24 and 25 Example of a process for amendment-- 26 A conduct and compensation agreement may provide for 27 compensation under it to be reviewed on the happening of 28 a material change in circumstances for the GHG authority 29 including a change in the extent of activities required 30 under a later development plan for a GHG lease. 31 Page 293

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 435] (c) provide for any compensation that is or may be payable 1 by the holder to the eligible claimant under the 2 Environmental Protection Act. 3 `(3) This section does not limit the matters that may be provided 4 for in a conduct and compensation agreement. 5 `Subdivision 4 Negotiation process 6 Note-- 7 Generally, a GHG authority holder can not enter private land to carry 8 out an advanced activity unless the holder complies with this 9 subdivision. See sections 283 and 284. 10 `323 Notice of intent to negotiate 11 `(1) A GHG authority holder may give an eligible claimant to 12 whom the holder has a compensation liability a notice (the 13 negotiation notice) that the holder wishes to negotiate a 14 conduct and compensation agreement or a deferral agreement 15 with the eligible claimant. 16 `(2) The negotiation notice must be accompanied by a copy of the 17 land access code and state all of the following-- 18 (a) if the holder wishes to negotiate a conduct and 19 compensation agreement-- 20 (i) whether the holder wishes to negotiate all or part of 21 the holder's compensation liability to the eligible 22 claimant; and 23 (ii) if the holder only wishes to negotiate part of the 24 liability--what the part is; 25 (b) if the holder wishes to negotiate a deferral 26 agreement--that wish and the reasons for it; 27 (c) the land the holder proposes to enter; 28 (d) the activities proposed to be carried out on the land; 29 Page 294

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 435] (e) when and where the activities are proposed to be carried 1 out; 2 (f) if the holder is a corporation--contact details for the 3 holder and an individual the holder has authorised to 4 negotiate the agreement. 5 `(3) The GHG authority holder must give the chief executive a 6 copy of the negotiation notice immediately after it is given. 7 Maximum penalty for subsection (3)--10 penalty units. 8 `324 Negotiations 9 `(1) On the giving of the negotiation notice, the GHG authority 10 holder and the eligible claimant (the parties) must use all 11 reasonable endeavours to negotiate a conduct and 12 compensation agreement or a deferral agreement (a relevant 13 agreement). 14 `(2) The period of the negotiations-- 15 (a) must be at least 20 business days from the giving of the 16 negotiation notice (the minimum negotiation period); 17 but 18 (b) may continue for as long as the parties wish. 19 `(3) If, during the minimum negotiation period, the parties enter 20 into a relevant agreement the GHG authority holder can not 21 enter the relevant land to carry out advanced activities for the 22 authority until the period ends. 23 `(4) Subsection (3) applies despite the terms of the agreement. 24 `325 Cooling-off during minimum negotiation period 25 `(1) This section applies if the parties enter into a conduct and 26 compensation agreement or a deferral agreement during the 27 minimum negotiation period. 28 Page 295

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 435] `(2) Either of the parties may, within the minimum negotiation 1 period, terminate the agreement by giving notice to the other 2 party. 3 `(3) On the giving of a notice under subsection (2), the terminated 4 agreement is taken never to have had any effect. 5 `(4) To remove any doubt, it is declared that subsection (3) does 6 not change the time when the negotiation notice was given. 7 `325A Parties may seek mediation 8 `(1) This section applies if, at the end of the minimum negotiation 9 period, the parties have not entered into a conduct and 10 compensation agreement. 11 `(2) Either party may ask an authorised officer to call a mediation 12 between the parties to negotiate a conduct and compensation 13 agreement. 14 `(3) Chapter 6, part 1A applies to the mediation. 15 `(4) However, the authorised officer must take all reasonable steps 16 to ensure the mediation is finished within 20 business days 17 after it was requested. 18 `Subdivision 5 Deciding compensation through 19 Land Court 20 `325B Deciding compensation through Land Court if 21 mediation not called or after unsuccessful mediation 22 `(1) This section applies if, under section 325A, a party has asked 23 an authorised officer to call a mediation and the officer does 24 not finish the mediation within 20 business days after 25 receiving the request. 26 `(2) This section also applies if-- 27 (a) an authorised officer has, under section 325A, called a 28 mediation; and 29 Page 296

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 435] (b) one or both of the parties attended the mediation; and 1 (c) there is no conduct and compensation agreement 2 between the parties relating to the subject of the 3 mediation within 20 business days after the mediation 4 was called. 5 `(3) An eligible party may apply to the Land Court for it to decide 6 the GHG authority holder's-- 7 (a) compensation liability to the claimant; or 8 (b) future compensation liability to the claimant for an 9 authorised activity for the GHG authority proposed to be 10 carried out by or for the holder. 11 `(4) However, the Land Court may decide the liability or future 12 liability only to the extent it is not subject to a conduct and 13 compensation agreement. 14 `(5) In hearing the application, the Land Court must as much as 15 practicable ensure the hearing happens together with, or as 16 closely as possible to, the hearing of any relevant 17 environmental compensation application. 18 `(6) In this section-- 19 eligible party means-- 20 (a) if subsection (1) applies--any party; or 21 (b) if subsection (2) applies--a party who attended the 22 mediation. 23 relevant environmental compensation application means an 24 application to the Land Court for compensation that is or may 25 be payable by the GHG authority holder to the eligible 26 claimant under the Environmental Protection Act. 27 `325C Land Court review of compensation 28 `(1) This section applies if-- 29 (a) the compensation liability or future compensation 30 liability of a GHG authority holder to an eligible 31 Page 297

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 435] claimant has been agreed to under a conduct and 1 compensation agreement or decided by the Land Court 2 (the original compensation); and 3 (b) there has been a material change in circumstances (the 4 change) since the agreement or decision. 5 `(2) The eligible claimant or the holder may apply to the Land 6 Court for it to review the original compensation. 7 `(3) In carrying out the review, the Land Court may review the 8 original compensation only to the extent it is affected by the 9 change. 10 `(4) If the Land Court considers the original compensation is not 11 affected by the change, it must not carry out or continue with 12 the review. 13 `(5) The Land Court may, after carrying out the review, decide to 14 confirm the original compensation or amend it in a way the 15 court considers appropriate. 16 `(6) If the decision is to amend the compensation, the original 17 compensation as amended under the decision is, for this Act, 18 taken to be the original compensation. 19 `325D Orders Land Court may make 20 `(1) The Land Court may make any order it considers appropriate 21 to meet or enforce its decision on an application under this 22 part. 23 `(2) Without limiting subsection (1), the Land Court may order 24 non-monetary compensation as well as monetary 25 compensation. 26 Page 298

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 436] `Subdivision 6 Miscellaneous provision 1 `325E Compensation not affected by change in ownership 2 or occupancy 3 `(1) A conduct and compensation agreement or a Land Court 4 decision under this part is for the benefit of, and is taken to 5 have been agreed to or decided for and is binding on, the 6 following-- 7 (a) the relevant eligible claimant; 8 (b) the GHG authority holder; 9 (c) each of their successors and assigns including 10 successors and assigns for the area of the relevant GHG 11 authority. 12 `(2) Subsection (1) is subject to section 325C. 13 `Division 2 Compensation for notifiable road 14 uses'. 15 436 Replacement of ss 329 and 330 16 Sections 329 and 330-- 17 omit, insert-- 18 `329 Compliance with land access code 19 `A GHG authority holder must-- 20 (a) comply with the mandatory provisions of the land 21 access code to the extent it applies to the holder; and 22 (b) ensure any other person carrying out an authorised 23 activity for the GHG authority complies with the 24 mandatory provisions of the land access code.'. 25 Page 299

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 437] 437 Replacement of ch 6 hdg (Enforcement, offences and 1 proceedings) 2 Chapter 6, heading-- 3 omit, insert-- 4 `Chapter 6 Mediation, investigations 5 and enforcement 6 `Part 1A Mediation with eligible 7 claimants or owners and 8 occupiers 9 `377A Application of pt 1A 10 `This part applies if-- 11 (a) under section 325A, an authorised officer is asked by a 12 GHG authority holder or an eligible claimant to call a 13 mediation; or 14 (b) an owner or occupier of land in a GHG authority's area 15 gives an authorised officer a notice stating concerns 16 about the way in which authorised activities for the 17 authority are being carried out on the land; or 18 (c) a GHG authority holder gives an authorised officer a 19 notice stating concerns about the activities of an owner 20 or occupier of land in the authority's area; or 21 (d) for another reason an authorised officer has concerns 22 about the relationship between a GHG authority holder 23 and an owner or occupier of land in the authority's area. 24 `377B Mediation may be called 25 `(1) If section 377A(a) applies, the authorised officer must, by 26 notice, ask the GHG authority holder and the eligible claimant 27 Page 300

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 437] (the parties) to attend a mediation by the authorised officer 1 about negotiating a conduct and compensation agreement. 2 `(2) If section 377A(b), (c) or (d) applies, the authorised officer 3 may, by notice, ask the GHG authority holder and the owner 4 or occupier (also the parties) to attend a mediation by the 5 authorised officer about the concerns. 6 `(3) The notice must state what the subject of the mediation is and 7 when and where it will be held. 8 `377C Who may attend mediation 9 `(1) Apart from the authorised officer, anyone given notice of the 10 mediation may attend it. 11 `(2) A party may be represented by an agent only if the authorised 12 officer agrees. 13 `(3) However, a party can not be represented by a lawyer unless 14 the parties agree and the authorised officer is satisfied there is 15 no disadvantage to a party. 16 `377D What happens if a party does not attend 17 `(1) This section applies if a party given notice of the mediation 18 does not attend. 19 `(2) For the purpose of applying to the Land Court under section 20 325B, the mediation is taken to have been conducted. 21 `(3) A party who attended the mediation may apply to the Land 22 Court for an order requiring the party who did not attend to 23 pay the attending party's reasonable costs of attending. 24 `(4) The Land Court must not order the party who did not attend to 25 pay costs if it is satisfied the party had a reasonable excuse for 26 not attending. 27 `(5) If the Land Court makes the order, it must decide the amount 28 of the costs. 29 Page 301

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 438] `377E Conduct of mediation 1 `(1) In conducting the mediation, the authorised officer must 2 endeavour to help those attending to reach an early and 3 inexpensive settlement of the subject of the mediation. 4 `(2) Subject to section 325A, the authorised officer is to decide 5 how the mediation is to be conducted. 6 `377F Statements made at mediation 7 `Nothing said by a person at the mediation is admissible, 8 without the person's consent, in a proceeding. 9 `377G Mediated agreement 10 `(1) If, at the mediation, the parties negotiate an agreement about 11 the concerns the subject of the mediation, the agreement must 12 be written and signed by or for the parties. 13 `(2) The agreement-- 14 (a) may be a conduct and compensation agreement or an 15 amendment of an existing conduct and compensation 16 agreement between the parties; and 17 (b) has the same effect as any other compromise.'. 18 438 Insertion of new ch 8, pt 2 19 After section 436-- 20 insert-- 21 Page 302

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 438] `Part 2 Transitional provisions for 1 amendments under Geothermal 2 Energy Act 2010 3 `437 Land access code prevails over conditions 4 `If a condition of a GHG authority is inconsistent with a 5 mandatory provision of the land access code, the mandatory 6 provision prevails to the extent of the inconsistency. 7 `438 Existing compensation agreements other than for 8 notifiable road uses 9 `(1) This section applies if immediately before the commencement 10 of this section a compensation agreement under chapter 5, 11 part 10 was in force. 12 `(2) On the commencement the agreement becomes a conduct and 13 compensation agreement under chapter 5, part 10, division 1. 14 `439 Existing entry notices 15 `(1) This section applies to an entry notice for the carrying out of 16 an authorised activity for a GHG authority if the notice 17 complied with the entry notice requirements before the 18 commencement of this section. 19 `(2) The notice continues, according to its terms, to be valid for the 20 carrying out of the activity after the commencement even 21 though the notice does not comply with all of the entry notice 22 requirements from the commencement. 23 `(3) In this section-- 24 entry notice requirements means the requirements under this 25 Act relating to the giving of an entry notice. 26 Page 303

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 439] `440 References to geothermal tenure 1 `Until the Geothermal Energy Act 2010, chapter 9, part 1 2 commences, a reference in this Act to a geothermal tenure is 3 taken to be a reference to a geothermal exploration permit.'. 4 439 Amendment of sch 2 (Dictionary) 5 (1) Schedule 2, definitions compensation agreement, 6 compensation application, compensation liability, eligible 7 claimant, entry notice, entry period, occupier, petroleum 8 interest, private land, public land and waiver of entry 9 notice-- 10 omit. 11 (2) Schedule 2-- 12 insert-- 13 `advanced activity, for a provision about a GHG authority, 14 means an authorised activity for the authority other than a 15 preliminary activity for the authority. 16 Examples-- 17 · levelling of drilling pads and digging sumps 18 · earthworks associated with pipeline installation 19 · vegetation clear-felling 20 · constructing an exploration camp, concrete pad, sewage or water 21 treatment facility or fuel dump 22 · geophysical surveying with physical clearing 23 · carrying out a seismic survey using explosives 24 · constructing a track or access road 25 · changing a fence line 26 compensation application, for chapter 5, part 10, division 2, 27 means an application made under section 325H(1). 28 compensation liability-- 29 (a) for chapter 5, part 10, division 1--see section 320(2); or 30 Page 304

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 439] (b) for chapter 5, part 10, division 2--see section 325F(2). 1 conduct and compensation agreement see section 321(1). 2 conduct and compensation agreement requirement see 3 section 283(2). 4 deferral agreement see section 284(c)(i). 5 eligible claimant, for compensation, see section 320(1). 6 entry notice-- 7 (a) for chapter 5, part 7--see section 279(1); or 8 (b) for chapter 5, part 8--see section 312(2)(b). 9 land access code see the P&G Act, section 24A. 10 mandatory provision, of the land access code, means a 11 provision of that code that the code requires compliance with. 12 minimum negotiation period see section 324(2)(a). 13 negotiation notice see section 323(1). 14 occupier, of a place, means-- 15 (a) a person who has a right to occupy the place other than 16 under a mining interest, petroleum authority, 1923 Act 17 petroleum tenure, GHG authority or geothermal tenure; 18 or 19 (b) a person who has been given a right to occupy the place 20 by a person mentioned in paragraph (a). 21 parties-- 22 (a) for chapter 5, part 10, division 1, subdivision 4--see 23 section 324(1); or 24 (b) for chapter 6, part 1A--see section 377B. 25 preliminary activity-- 26 1 A preliminary activity, for a provision about a GHG 27 authority, means an authorised activity for the authority 28 that will have no impact, or only a minor impact, on the 29 Page 305

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 439] business activities of any owner or occupier of the land 1 on which the activity is to be carried out. 2 Examples-- 3 · walking the area of the permit or licence 4 · driving along an existing road or track in the area 5 · taking soil or water samples 6 · drilling without constructing earthworks 7 · geophysical surveying without physical clearing 8 · aerial, electrical or environmental surveying 9 · seismic surveying without using explosives 10 · survey pegging 11 2 However, the following are not preliminary activities-- 12 (a) an authorised activity carried out on land that-- 13 (i) is less than 100ha; and 14 (ii) is being used for intensive farming or 15 broadacre agriculture; 16 Examples-- 17 · land used for dryland or irrigated cropping, plantation 18 forestry or horticulture 19 · a dairy, cattle or sheep feedlot, piggery or poultry 20 farm 21 (b) an authorised activity carried out within 600m of a 22 school or an occupied residence; 23 (c) an authorised activity that affects the lawful 24 carrying out of an organic or bio-organic farming 25 system. 26 private land-- 27 1 Private land is-- 28 (a) freehold land; or 29 (b) an interest in land less than fee simple held from 30 the State under another Act. 31 Page 306

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 439] 2 However, land is not private land to the extent of an 1 interest in any of the following relating to the land-- 2 (a) a mining interest; 3 (b) a petroleum authority or 1923 Act petroleum 4 tenure; 5 (c) a GHG authority; 6 (d) a geothermal tenure; 7 (e) an occupation right under a permit under the Land 8 Act 1994. 9 3 Also, land owned by a public land authority is not 10 private land. 11 public land means land other than-- 12 (a) private land; or 13 (b) to the extent an interest in any of the following relates to 14 the land-- 15 (i) a mining interest; 16 (ii) a petroleum authority or 1923 Act petroleum 17 tenure; 18 (iii) a GHG authority; 19 (iv) a geothermal tenure; 20 (v) an occupation right under a permit under the Land 21 Act 1994. 22 relevant owner or occupier, for a provision about entry 23 notices, means the owner or occupier to whom the entry 24 notice is to be given, or would be given, other than for an 25 exemption from the requirement to give an entry notice. 26 waiver of entry notice-- 27 (a) for chapter 5, part 7--means a waiver of entry notice 28 mentioned in section 281 that complies with section 29 281(1); or 30 (b) for chapter 5, part 8--see section 312(3).'. 31 Page 307

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 440] Division 2 Amendment of Mineral Resources 1 Act 1989 2 440 Act amended 3 The following provisions amend the Mineral Resources Act 4 1989-- 5 · this division 6 · part 1, division 4 7 · part 3, division 5 8 441 Amendment of s 10A (Extension of certain entitlements 9 to registered native title bodies corporate and registered 10 native title claimants) 11 Section 10A(3), `sections 34, 96(11), 125, 169, 198(10), 217, 12 231(6), 300(13) and 317'-- 13 omit, insert-- 14 `sections 34, 96(11), 125, 198(10), 231(6), 300(13) and 317 15 and part 10, division 1B'. 16 442 Amendment of s 141 (Conditions of exploration permit) 17 Section 141(1), before paragraph (a)-- 18 insert-- 19 `(aa) a condition that the holder must-- 20 (i) comply with the mandatory provisions of the land 21 access code to the extent it applies to the holder; 22 and 23 (ii) ensure any other person carrying out an authorised 24 activity for the exploration permit complies with 25 the mandatory provisions of the land access code; 26 and'. 27 Page 308

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 443] 443 Omission of s 145 (Compensation) 1 Section 145-- 2 omit. 3 444 Replacement of ss 163 and 164 4 Sections 163 and 164-- 5 omit, insert-- 6 `163 Access and compensation provisions--sch 1 7 `Schedule 1 contains provisions about access, compensation 8 and related matters for exploration permits.'. 9 445 Omission of ss 169-174 10 Sections 169 to 174-- 11 omit. 12 446 Omission of s 191 (Compensation) 13 Section 191-- 14 omit. 15 447 Amendment of s 194 (Conditions of mineral development 16 licence) 17 Section 194(1), before paragraph (a)-- 18 insert-- 19 `(aa) a condition that the holder must-- 20 (i) comply with the mandatory provisions of the land 21 access code to the extent it applies to the holder; 22 and 23 (ii) ensure any other person carrying out an authorised 24 activity for the mineral development licence 25 Page 309

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 448] complies with the mandatory provisions of the land 1 access code; and'. 2 448 Replacement of ss 211 and 212 3 Sections 211 and 212-- 4 omit, insert-- 5 `211 Access and compensation provisions--sch 1 6 `Schedule 1 contains provisions about access, compensation 7 and related matters for mineral development licences.'. 8 449 Omission of ss 217-222 9 Sections 217 to 222-- 10 omit. 11 450 Omission of ss 254-259 12 Sections 254 to 259-- 13 omit. 14 451 Insertion of new pt 10, divs 1A and 1B 15 Part 10-- 16 insert-- 17 `Division 1A Directions to remedy contravention 18 `335A Power to give compliance direction 19 `(1) This section applies if a relevant officer reasonably believes a 20 person-- 21 (a) has contravened, or is contravening, this Act or a 22 mandatory provision of the land access code; or 23 Page 310

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 451] (b) is involved in an activity that is likely to result in a 1 contravention of this Act or a mandatory provision of 2 the land access code. 3 `(2) The relevant officer may give the person a written direction (a 4 compliance direction) to take steps reasonably necessary to 5 remedy the contravention or avoid the likely contravention. 6 `(3) The direction may also state-- 7 (a) the steps the relevant officer reasonably believes are 8 necessary to remedy the contravention or avoid the 9 likely contravention; or 10 (b) that the person must notify the relevant officer when the 11 person has complied with the compliance direction; or 12 (c) that a relevant officer proposes, at a stated time or at 13 stated intervals, to enter premises of which the person is 14 the owner or occupier to check compliance with the 15 direction. 16 `335B Requirements for giving compliance direction 17 `(1) A compliance direction must state the following-- 18 (a) that the relevant officer giving it believes the person 19 given the direction-- 20 (i) has contravened, or is contravening, this Act or a 21 mandatory provision of the land access code; or 22 (ii) is involved in an activity that is likely to result in a 23 contravention of this Act or a mandatory provision 24 of the land access code; 25 (b) the provision the relevant officer believes is being, has 26 been, or is likely to be, contravened; 27 (c) the reasons for the belief; 28 (d) that the person must take steps reasonably necessary to 29 remedy the contravention, or avoid the likely 30 contravention, within a stated reasonable period. 31 Page 311

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 451] `(2) The direction must include, or be accompanied by, a review 1 and appeal notice about the decisions to give the direction and 2 to fix the period. 3 `(3) The direction may be given orally if-- 4 (a) for any reason it is not practicable to give the direction 5 in writing; and 6 (b) the relevant officer giving it warns the person it is an 7 offence not to comply with the direction. 8 `(4) If the direction is given orally, the relevant officer must 9 confirm the direction by also giving it in writing as soon as 10 practicable after giving it orally. 11 `(5) In this section-- 12 review and appeal notice, for a decision, means a written 13 notice stating the following-- 14 (a) the rights of internal review and appeal under the 15 applied provisions under section 335D; 16 (b) the period in which any internal review must be started; 17 (c) how rights are to be exercised; 18 (d) that a stay of a decision the subject of an appeal under 19 the applied provisions may be applied for. 20 `335C Failure to comply with compliance direction 21 `(1) A person to whom a compliance direction has been given 22 must comply with the direction unless the person has a 23 reasonable excuse. 24 Maximum penalty--500 penalty units. 25 `(2) If the direction states steps the person may take to remedy the 26 contravention, or avoid the likely contravention, the subject of 27 the direction, the person is taken to have complied with the 28 direction if all the steps have been taken. 29 `(3) Subsection (2) does not prevent the person from complying 30 with the direction in another way. 31 Page 312

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 451] `335D Right of internal review and appeal against 1 compliance direction 2 `(1) This section applies if a person is given a compliance 3 direction. 4 `(2) The Petroleum and Gas (Production and Safety) Act, chapter 5 12, other than section 817(2), (the applied provisions) applies, 6 with necessary changes, as if-- 7 (a) the decision were mentioned in schedule 1, table 1 of 8 that Act; and 9 (b) a reference in that chapter to an information notice were 10 a reference to a review and appeal notice under section 11 335B. 12 `(3) An internal review application under the applied provisions 13 may be made only to-- 14 (a) if the compliance direction was given by a deputy 15 mining registrar or a field officer--the mining registrar; 16 or 17 (b) if the compliance direction was given by the mining 18 registrar--the chief executive. 19 `335E Other relevant officer's powers not affected 20 `This division does not limit or otherwise affect a relevant 21 officer's powers under another provision of this Act. 22 `Division 1B Mediation with eligible claimants or 23 owners and occupiers 24 `335F Application of div 1B 25 `This division applies if-- 26 (a) under schedule 1, section 19 a relevant officer is asked 27 by an exploration permit or a mineral development 28 Page 313

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 451] licence holder or an eligible claimant to call a 1 mediation; or 2 (b) an owner or occupier of land in a mining tenement's 3 area gives a relevant officer a written notice stating 4 concerns about the way in which authorised activities 5 for the tenement are being carried out on the land; or 6 (c) a mining tenement holder gives a relevant officer a 7 written notice stating concerns about the activities of an 8 owner or occupier of land in the tenement's area; or 9 (d) for another reason a relevant officer has concerns about 10 the relationship between a mining tenement holder and 11 an owner or occupier of land in the tenement's area. 12 `335G Mediation may be called 13 `(1) If section 335F(a) applies, the relevant officer must, by notice, 14 ask the exploration permit or mineral development licence 15 holder and the eligible claimant (the parties) to attend a 16 mediation by the relevant officer about negotiating a conduct 17 and compensation agreement. 18 `(2) If section 335F(b), (c) or (d) applies, the relevant officer may, 19 by written notice, ask the mining tenement holder and the 20 owner or occupier (also the parties) to attend a mediation by 21 the relevant officer about the concerns. 22 `(3) The notice must state what the subject of the mediation is and 23 when and where it will be held. 24 `335H Who may attend mediation 25 `(1) Apart from the relevant officer, anyone given written notice of 26 the mediation may attend it. 27 `(2) A party may be represented by an agent only if the relevant 28 officer agrees. 29 Page 314

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 451] `(3) However, a party can not be represented by a lawyer unless 1 the parties agree and the relevant officer is satisfied there is no 2 disadvantage to a party. 3 `335I What happens if a party does not attend 4 `(1) This section applies if a party given notice of the mediation 5 does not attend. 6 `(2) For the purpose of applying to the Land Court under schedule 7 1, section 20, the mediation is taken to have been conducted. 8 `(3) A party who attended the mediation may apply to the Land 9 Court for an order requiring the party who did not attend to 10 pay the attending party's reasonable costs of attending. 11 `(4) The Land Court must not order the party who did not attend to 12 pay costs if it is satisfied the party had a reasonable excuse for 13 not attending. 14 `(5) If the Land Court makes the order, it must decide the amount 15 of the costs. 16 `335J Conduct of mediation 17 `(1) In conducting the mediation, the relevant officer must 18 endeavour to help those attending to reach an early and 19 inexpensive settlement of the subject of the mediation. 20 `(2) Subject to schedule 1, section 19, the relevant officer is to 21 decide how the mediation is to be conducted. 22 `335K Statements made at mediation 23 `Nothing said by a person at the mediation is admissible, 24 without the person's consent, in a proceeding. 25 Page 315

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 452] `335L Mediated agreement 1 `(1) If, at the mediation, the parties negotiate an agreement about 2 the concerns the subject of the mediation, the agreement must 3 be written and signed by or for the parties. 4 `(2) The agreement-- 5 (a) may be a conduct and compensation agreement or an 6 amendment of an existing conduct and compensation 7 agreement between the parties; and 8 (b) has the same effect as any other compromise.'. 9 452 Amendment of s 336 (Appointment of mining registrars 10 and other officers) 11 Section 336-- 12 insert-- 13 `(3) The chief executive may appoint other persons to perform 14 functions under division 1A or 1B or schedule 1 as a relevant 15 officer. 16 `(4) However, the chief executive may appoint a person under 17 subsection (3) to perform a function only if the chief executive 18 considers the person is appropriately qualified to perform the 19 function. 20 `(5) In this section-- 21 appropriately qualified includes having the qualifications, 22 experience or standing appropriate to perform the function. 23 Example of standing for an employee of the department-- 24 the employee's classification level in the department 25 functions includes powers.'. 26 453 Amendment of s 405 (Directions to be complied with) 27 Section 405, after penalty-- 28 insert-- 29 Page 316

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 454] `(2) This section does not apply if the direction is a compliance 1 direction. 2 Note-- 3 For compliance directions, see section 335C.'. 4 454 Insertion of new pt 19, div 13, sdiv 2 5 Part 19, as inserted under this Act-- 6 insert-- 7 `Subdivision 2 Provisions for amendments about 8 compensation and the land access 9 code 10 `775 Old access code ceases to apply 11 `(1) This section applies if a condition of a mining tenement 12 requires the holder to comply with the old access code. 13 `(2) On the commencement of this section the condition ceases to 14 be a condition of the mining tenement. 15 `(3) In this section-- 16 old access code means the document called `Code of 17 Conduct-Procedures for Sound Landowner/Explorer 18 Relations' approved by the Minister on 20 September 1990. 19 `776 Land access code prevails over conditions 20 `If a condition of a mining tenement is inconsistent with a 21 mandatory provision of the land access code, the mandatory 22 provision prevails to the extent of the inconsistency. 23 `777 Existing compensation decisions and proceedings 24 continue 25 `(1) If, before the commencement of this section, the Land Court 26 had decided compensation under former section 145 or 191 27 Page 317

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 454] for a matter, the decision is taken to be the compensation for 1 the matter decided under schedule 1, section 20. 2 `(2) If, immediately before the commencement, a proceeding 3 under former section 145 or 191 had been started-- 4 (a) the proceeding may be finished as if schedule 1 had not 5 been enacted; and 6 (b) compensation decided for the matter in the proceeding 7 is taken to be the compensation decided under schedule 8 1, section 20 for the matter. 9 `(3) In carrying out a review of the compensation or decided 10 compensation under schedule 1, section 20, the Land Court 11 must apply former section 145 or 191-- 12 (a) as if the review were the proceeding mentioned in the 13 section; and 14 (b) with other necessary changes. 15 `(4) This section applies despite schedule 1, section 20(1). 16 `778 Existing notices of entry 17 `(1) This section applies if, before the commencement of this 18 section, an exploration permit or mineral development licence 19 holder had given an owner of land notice of entry under 20 former section 163 or 211. 21 `(2) Despite schedule 1, the notice of entry may be renewed under 22 former section 164 or 212, but only to the extent it relates to-- 23 (a) a preliminary activity; or 24 (b) an advanced activity that the holder started before the 25 commencement. 26 `(3) The notice of entry and any renewal of it under subsection 27 (2)-- 28 (a) is taken to be an entry notice for schedule 1; and 29 Page 318

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 455] (b) continues to be valid for the carrying out by the holder 1 after the commencement of an activity mentioned in 2 subsection (2). 3 `(4) To remove any doubt, it is declared that subsection (3) applies 4 even though a copy of any document required, under schedule 5 1, to accompany an entry notice did not accompany the notice 6 of entry. 7 `779 References to geothermal tenure 8 `Until the Geothermal Energy Act 2010, chapter 10, part 1 9 commences, a reference in this Act to a geothermal tenure is 10 taken to be a reference to a geothermal exploration permit.'. 11 455 Insertion of new sch 1 12 After part 19-- 13 insert-- 14 `Schedule 1 Access and compensation 15 provisions for 16 exploration permits and 17 mineral development 18 licences 19 sections 163 and 211 20 `Part 1 Preliminary 21 `Division 1 Key definitions for schedule 1 22 Page 319

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 455] `1 Meaning of exploration tenement 1 `An exploration tenement is any exploration permit or 2 mineral development licence. 3 `2 What is a preliminary activity 4 `(1) A preliminary activity, for a provision about an exploration 5 tenement, means an authorised activity for the tenement that 6 will have no impact, or only a minor impact, on the business 7 activities of any owner or occupier of the land on which the 8 activity is to be carried out. 9 Examples-- 10 · walking the area of the permit or licence 11 · driving along an existing road or track in the area 12 · taking soil or water samples 13 · drilling without constructing earthworks 14 · geophysical surveying without physical clearing 15 · aerial, electrical or environmental surveying 16 · seismic surveying without using explosives 17 · survey pegging 18 `(2) However, the following are not preliminary activities-- 19 (a) an authorised activity carried out on land that-- 20 (i) is less than 100ha; and 21 (ii) is being used for intensive farming or broadacre 22 agriculture; 23 Examples-- 24 · land used for dryland or irrigated cropping, plantation 25 forestry or horticulture 26 · a dairy, cattle or sheep feedlot, piggery or poultry 27 farm 28 (b) an authorised activity carried out within 600m of a 29 school or an occupied residence; 30 Page 320

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 455] (c) an authorised activity that affects the lawful carrying out 1 of an organic or bioorganic farming system. 2 `3 What is an advanced activity 3 `An advanced activity, for a provision about an exploration 4 tenement, means an authorised activity for the tenement other 5 than a preliminary activity for the tenement. 6 Examples-- 7 · levelling of drilling pads and digging sumps 8 · bulk sampling 9 · open trenching or costeaning with an excavator 10 · vegetation clear-felling 11 · constructing an exploration camp, concrete pad, sewage or water 12 treatment facility or fuel dump 13 · geophysical surveying with physical clearing 14 · carrying out a seismic survey using explosives 15 · constructing a track or access road 16 · changing a fence line 17 `Division 2 Other definitions for schedule 1 18 `4 Other definitions 19 `In this schedule-- 20 compensation liability see section 13(2). 21 conduct and compensation agreement see section 14(1). 22 conduct and compensation agreement requirement see 23 section 10(2). 24 deferral agreement see section 11(c)(i). 25 eligible claimant see section 13(1). 26 entry notice see section 5(1). 27 Page 321

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 455] minimum negotiation period see section 17(2)(a). 1 negotiation notice see section 16(1). 2 parties see section 17(1). 3 private land means freehold land or an interest in land less 4 than fee simple held from the State under another Act, other 5 than-- 6 (a) to the extent of an interest in any of the following 7 relating to the land-- 8 (i) a mining interest; 9 (ii) a petroleum tenure or a licence under the 10 Petroleum and Gas (Production and Safety) Act; 11 (iii) a GHG authority; 12 (iv) a geothermal tenure;\ 13 (v) an occupation right under a permit under the Land 14 Act 1994; or 15 (b) land owned by a public land authority. 16 public land means land other than-- 17 (a) private land; or 18 (b) to the extent an interest in any of the following relates to 19 the land-- 20 (i) a mining interest; 21 (ii) a petroleum tenure or a licence under the 22 Petroleum and Gas (Production and Safety) Act; 23 (iii) a GHG authority; 24 (iv) a geothermal tenure; 25 (v) an occupation right under a permit under the Land 26 Act 1994. 27 public land authority, for land, means-- 28 (a) if the land is a public road--the road authority for the 29 road; or 30 Page 322

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 455] (b) if a local government or other authority is, under an Act, 1 charged with the control of the land--the local 2 government or other authority; or 3 (c) otherwise--the chief executive of the department 4 administering the Act under which entry to the land is 5 administered. 6 `Part 2 Requirements for entry to 7 exploration tenement area 8 `Division 1 Entry notice requirement for 9 preliminary activities and particular 10 advanced activities 11 `5 Entry notice requirement for particular authorised 12 activities 13 `(1) A person must not-- 14 (a) enter private land in an exploration tenement's area to 15 carry out a preliminary activity for the tenement; or 16 (b) enter private land in an exploration tenement's area to 17 carry out an advanced activity for the tenement if either 18 of the following applies for the entry-- 19 (i) the deferral agreement exemption; 20 (ii) the Land Court application exemption; or 21 (c) enter public land an exploration tenement's area to carry 22 out any authorised activity for the tenement; 23 unless the exploration tenement's holder has given each owner 24 and occupier of the land a written notice of the entry that 25 complies with section 6 (an entry notice). 26 Page 323

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 455] Maximum penalty--500 penalty units. 1 `(2) The entry notice must be given-- 2 (a) generally--at least 10 business days before the entry; or 3 (b) if, by a signed endorsement on the notice, the relevant 4 owner or occupier has agreed to a shorter period--the 5 shorter period. 6 Maximum penalty--500 penalty units. 7 `(3) The holder must give the mining registrar a copy of the entry 8 notice immediately after the notice is given and before entry is 9 made under the exploration tenement. 10 Maximum penalty--10 penalty units. 11 `(4) A contravention of subsection (3) does not affect the validity 12 of the notice or the entry. 13 `(5) This section is subject to section 7. 14 `(6) In this section-- 15 deferral agreement exemption, for an entry, means that the 16 conduct and compensation agreement requirement does not 17 apply for the entry because of section 11(c)(i). 18 give, for an entry notice, includes publishing it in a way 19 approved under section 9. 20 Land Court application exemption, for an entry, means that 21 the conduct and compensation agreement requirement does 22 not apply for the entry because of section 11(c)(ii). 23 `6 Required contents of entry notice 24 `(1) An entry notice must state the following-- 25 (a) the land proposed to be entered; 26 (b) the period during which the land will be entered (the 27 entry period); 28 (c) the activities proposed to be carried out on the land; 29 Page 324

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 455] (d) when and where the activities are proposed to be carried 1 out; 2 (e) contact details for-- 3 (i) the relevant exploration tenement holder; or 4 (ii) another person the holder has authorised to discuss 5 the matters stated in the notice. 6 `(2) Also, the first entry notice from the exploration tenement 7 holder to a particular owner or occupier must be accompanied 8 by or include a copy of-- 9 (a) the land access code; and 10 (b) any code of practice made under this Act applying to 11 authorised activities for the exploration tenement; and 12 (c) the relevant environmental authority documentation. 13 `(3) The entry period can not be longer than-- 14 (a) generally--6 months; or 15 (b) if the relevant owner or occupier agrees in writing to a 16 longer period--the longer period. 17 `(4) Subject to subsections (1) to (3), an entry notice may state an 18 entry period that is different to the entry period stated in 19 another entry notice given by the exploration tenement holder 20 to another owner or occupier of the land. 21 `(5) In this section-- 22 relevant environmental authority documentation means-- 23 (a) if, under the Environmental Protection Act, the relevant 24 environmental authority (exploration) is a code 25 compliant authority--the relevant code; or 26 (b) if, under the Environmental Protection Act, the relevant 27 environmental authority (exploration) is a non-code 28 compliant authority-- 29 (i) the environmental authority; and 30 Page 325

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 455] (ii) if the environmental authority imposes conditions 1 by referring to a code--that code. 2 `7 Exemptions from entry notice requirement 3 `(1) The requirement under section 5(1) to give an entry notice 4 does not apply for an entry to land to carry out an authorised 5 activity if any of the following apply-- 6 (a) the exploration tenement holder owns the land; 7 (b) the holder has the right other than under this Act to enter 8 the land to carry out the activity; 9 (c) if-- 10 (i) there is a conduct and compensation agreement 11 relating to the land; and 12 (ii) each eligible claimant for the land is a party to the 13 agreement; and 14 (iii) the agreement includes a waiver of entry notice; 15 (d) the entry is to preserve life or property or because of an 16 emergency that exists or may exist; 17 (e) the relevant owner or occupier has, by signed writing, 18 given a waiver of entry notice. 19 `(2) A waiver of entry notice mentioned in subsection (1) must 20 comply with section 8(1). 21 `8 Provisions for waiver of entry notice 22 `(1) A waiver of entry notice mentioned in section 7 must-- 23 (a) if it does not form part of a conduct and compensation 24 agreement, be written and signed; and 25 (b) state the following-- 26 (i) that the relevant owner or occupier has been told 27 they are not required to agree to the waiver of entry 28 notice; 29 Page 326

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 455] (ii) the authorised activities proposed to be carried out 1 on the land; 2 (iii) the period during which the land will be entered; 3 (iv) when and where the activities are proposed to be 4 carried out. 5 `(2) The relevant owner or occupier can not withdraw the waiver 6 of entry notice during the period. 7 `(3) The waiver of entry notice ceases to have effect at the end of 8 the period. 9 `9 Giving entry notice by publication 10 `(1) The mining registrar may approve an exploration tenement 11 holder giving an entry notice for the tenement by publishing it 12 in a stated way. 13 `(2) The publication may relate to more than 1 entry notice. 14 `(3) The mining registrar may give the approval only if-- 15 (a) for a relevant owner or occupier who is an individual, it 16 is impracticable to give the owner or occupier the notice 17 personally; and 18 (b) the publication will happen at least 20 business days 19 before the entry. 20 `Division 2 Conduct and compensation 21 agreement requirement for 22 particular advanced activities 23 `10 Conduct and compensation agreement requirement 24 for particular advanced activities 25 `(1) A person must not enter private land an exploration 26 tenement's area to carry out an advanced activity for the 27 tenement (the relevant activity) unless each eligible claimant 28 Page 327

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 455] for the land is a party to an appropriate conduct and 1 compensation agreement. 2 Maximum penalty--500 penalty units. 3 `(2) The requirement under subsection (1) is the conduct and 4 compensation agreement requirement. 5 `(3) In this section-- 6 appropriate conduct and compensation agreement, for an 7 eligible claimant, means a conduct and compensation 8 agreement about the holder's compensation liability to the 9 eligible claimant of at least to the extent the liability relates to 10 the relevant activity and its effects. 11 `11 Exemptions from conduct and compensation 12 agreement requirement 13 `The conduct and compensation agreement requirement does 14 not apply for an entry to land to carry out an advanced activity 15 if any of the following apply-- 16 (a) the exploration tenement holder owns the land; 17 (b) the holder has the right other than under this Act to enter 18 the land to carry out the activity; 19 (c) each eligible claimant for the land is-- 20 (i) a party to an agreement, complying with section 21 12, that a conduct and compensation agreement 22 can be entered into after the entry (a deferral 23 agreement); or 24 (ii) an applicant or respondent to a Land Court 25 application under section 20 relating to the land; 26 (d) the entry is to preserve life or property or because of an 27 emergency that exists or may exist. 28 `12 Requirements for deferral agreement 29 `A deferral agreement must-- 30 Page 328

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 455] (a) be written and signed by or for the holder and each 1 eligible claimant for the land to be entered; and 2 (b) state the following-- 3 (i) that the eligible claimant has been told the claimant 4 is under no obligation to enter into a deferral 5 agreement before entering into a conduct and 6 compensation agreement; 7 (ii) the authorised activities proposed to be carried out 8 on the land; 9 (iii) the period during which the land will be entered; 10 (iv) when and where the activities are proposed to be 11 carried out; 12 (v) the period for which the deferral agreement has 13 effect; 14 (vi) when it is proposed to enter into a conduct and 15 compensation agreement. 16 `Part 3 Compensation liability 17 `13 General liability to compensate eligible claimants 18 `(1) The holder of each exploration tenement is liable to 19 compensate each owner or occupier of private land or public 20 land in the tenement's area (an eligible claimant) for any 21 compensatable effect the eligible claimant suffers caused by 22 relevant authorised activities. 23 `(2) An exploration tenement holder's liability under subsection 24 (1) to an eligible claimant is the holder's compensation 25 liability to the claimant. 26 `(3) This section is subject to section 11. 27 `(4) In this section-- 28 Page 329

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 455] compensatable effect means all or any of the following 1 relating to the eligible claimant's land-- 2 (a) deprivation of possession of its surface; 3 (b) diminution of its value; 4 (c) diminution of the use made or that may be made of the 5 land or any improvement on it; 6 (d) severance of any part of the land from other parts of the 7 land or from other land that the eligible claimant owns; 8 (e) any cost or loss arising from the carrying out of 9 activities under the exploration tenement on the land. 10 relevant authorised activities means authorised activities for 11 the exploration tenement carried out by the holder or a person 12 authorised by the holder. 13 `Part 4 General provisions for conduct 14 and compensation agreements 15 `14 Conduct and compensation agreement 16 `(1) An eligible claimant and an exploration tenement holder may 17 enter into an agreement (a conduct and compensation 18 agreement) about-- 19 (a) how and when the exploration tenement holder may 20 enter the land for which the eligible claimant is an 21 eligible claimant to carry out an advanced activity for 22 the tenement; and 23 Notes-- 24 1 For restrictions on entry to private land to carry out an 25 advanced activity, see section 10. 26 2 For when an entry notice is required, see section 5. 27 Page 330

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 455] (b) how authorised activities under the exploration 1 tenement, to the extent they relate to the eligible 2 claimant, must be carried out; and 3 (c) the holder's compensation liability to the claimant or 4 any future compensation liability that the holder may 5 have to the claimant. 6 `(2) However, a conduct and compensation agreement can not be 7 inconsistent with this Act, a condition of the exploration 8 tenement or a mandatory provision of the land access code 9 and is unenforceable to the extent of the inconsistency. 10 `(3) A conduct and compensation agreement may relate to all or 11 part of the liability or future liability. 12 `15 Content of conduct and compensation agreement 13 `(1) A conduct and compensation agreement between an eligible 14 claimant and an exploration tenement holder must-- 15 (a) provide for the matters mentioned in section 14(1); and 16 (b) be written and signed by or for the eligible claimant and 17 the holder; and 18 (c) state whether it is for all or part of the liability; and 19 (d) if it is for only part of the liability, state-- 20 (i) details of each activity or effects of the activity to 21 which the agreement relates; and 22 (ii) the period for which the agreement has effect; and 23 (e) provide for how and when the liability will be met. 24 `(2) A conduct and compensation agreement may-- 25 (a) provide for-- 26 (i) monetary or non-monetary compensation; or 27 Example of non-monetary compensation-- 28 A conduct and compensation agreement may provide for 29 the construction of a road for the claimant. 30 Page 331

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 455] (ii) a process by which it may be amended or enforced; 1 and 2 Example of a process for amendment-- 3 A conduct and compensation agreement may provide for 4 compensation under it to be reviewed on the happening of 5 a material change in circumstances for the exploration 6 tenement. 7 (b) provide for any compensation that is or may be payable 8 by the holder to the eligible claimant under the 9 Environmental Protection Act. 10 `(3) This section does not limit the matters that may be provided 11 for in a conduct and compensation agreement. 12 `Part 5 Negotiation process 13 Note-- 14 Generally, an exploration tenement holder can not enter private land to 15 carry out an advanced activity unless the holder complies with this part. 16 See sections 10 and 11. 17 `16 Notice of intent to negotiate 18 `(1) An exploration tenement holder may give an eligible claimant 19 to whom the holder has a compensation liability a notice (the 20 negotiation notice) that the holder wishes to negotiate a 21 conduct and compensation agreement or a deferral agreement 22 with the eligible claimant. 23 `(2) The negotiation notice must be accompanied by a copy of the 24 land access code and state all of the following-- 25 (a) if the holder wishes to negotiate a conduct and 26 compensation agreement-- 27 (i) whether the holder wishes to negotiate all or part of 28 the holder's compensation liability to the eligible 29 claimant; and 30 Page 332

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 455] (ii) if the holder only wishes to negotiate part of the 1 liability--what the part is; 2 (b) if the holder wishes to negotiate a deferral 3 agreement--that wish and the reasons for it; 4 (c) the land the exploration tenement tenure holder 5 proposes to enter; 6 (d) the activities proposed to be carried out on the land; 7 (e) when and where the activities are proposed to be carried 8 out; 9 (f) contact details for-- 10 (i) the relevant exploration tenement holder; or 11 (ii) another person the holder has authorised to discuss 12 the matters stated in the notice. 13 `(3) The exploration tenement holder must give the mining 14 registrar a copy of the negotiation notice immediately after it 15 is given. 16 Maximum penalty for subsection (3)--10 penalty units. 17 `17 Negotiations 18 `(1) On the giving of the negotiation notice, the exploration 19 tenement holder and the eligible claimant (the parties) must 20 use all reasonable endeavours to negotiate a conduct and 21 compensation agreement or a deferral agreement (a relevant 22 agreement). 23 `(2) The period of the negotiations-- 24 (a) must be at least 20 business days from the giving of the 25 negotiation notice (the minimum negotiation period); 26 but 27 (b) may continue for as long as the parties wish. 28 `(3) If, during the minimum negotiation period, the parties enter 29 into a relevant agreement, the exploration tenement holder can 30 Page 333

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 455] not enter the relevant land to carry out advanced activities for 1 the exploration tenement until the period ends. 2 `(4) Subsection (3) applies despite the terms of the agreement. 3 `18 Cooling-off during minimum negotiation period 4 `(1) This section applies if the parties enter into a conduct and 5 compensation agreement or a deferral agreement during the 6 minimum negotiation period. 7 `(2) Either of the parties may, within the minimum negotiation 8 period, terminate the agreement by giving notice to the other 9 party. 10 `(3) On the giving of a notice under subsection (2), the terminated 11 agreement is taken never to have had any effect. 12 `(4) To remove any doubt, it is declared that subsection (3) does 13 not change the time when the negotiation notice was given. 14 `19 Parties may seek mediation 15 `(1) This section applies if, at the end of the minimum negotiation 16 period, the parties have not entered into a conduct and 17 compensation agreement. 18 `(2) Either party may ask a relevant officer to call a conference (a 19 mediation conference) between the parties to negotiate a 20 conduct and compensation agreement. 21 `(3) Part 10, division 1B applies to the mediation conference. 22 `(4) However, the relevant officer must take all reasonable steps to 23 ensure the mediation conference is finished within 20 business 24 days after it was requested. 25 Page 334

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 455] `Part 6 Deciding compensation 1 through Land Court 2 `20 Deciding compensation through Land Court if 3 mediation not called or after unsuccessful mediation 4 `(1) This section applies if, under section 19, a party has asked a 5 relevant officer to call a mediation and the officer does not 6 finish the mediation within 20 business days after receiving 7 the request. 8 `(2) This section also applies if-- 9 (a) a relevant officer has, under section 19, called a 10 mediation; and 11 (b) one or both of the parties attended the mediation; and 12 (c) there is no conduct and compensation agreement 13 between the parties relating to the subject of the 14 mediation within 20 business days after the mediation 15 was called. 16 `(3) An eligible party may apply to the Land Court for it to decide 17 the exploration tenement holder's-- 18 (a) compensation liability to the claimant; or 19 (b) future compensation liability to the claimant for an 20 authorised activity for the exploration tenement holder 21 proposed to be carried out by or for the holder. 22 `(4) However, the Land Court may decide the liability or future 23 liability only to the extent it is not subject to a conduct and 24 compensation agreement. 25 `(5) In hearing the application, the Land Court must as much as 26 practicable ensure the hearing happens together with, or as 27 closely as possible to, the hearing of any relevant 28 environmental compensation application. 29 `(6) In this section-- 30 eligible party means-- 31 Page 335

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 455] (a) if subsection (1) applies--any party; or 1 (b) if subsection (2) applies--a party who attended the 2 mediation. 3 relevant environmental compensation application means an 4 application to the Land Court for compensation that is or may 5 be payable by the exploration tenement holder to the eligible 6 claimant under the Environmental Protection Act. 7 `21 Land Court review of compensation 8 `(1) This section applies if-- 9 (a) the compensation liability or future compensation 10 liability of an exploration tenement holder to an eligible 11 claimant has been agreed to under a conduct and 12 compensation agreement or decided by the Land Court 13 (the original compensation); and 14 (b) there has been a material change in circumstances (the 15 change) since the agreement or decision. 16 `(2) The eligible claimant or the holder may apply to the Land 17 Court for it to review the original compensation. 18 `(3) In carrying out the review, the Land Court may review the 19 original compensation only to the extent it is affected by the 20 change. 21 `(4) If the Land Court considers the original compensation is not 22 affected by the change, it must not carry out or continue with 23 the review. 24 `(5) The Land Court may, after carrying out the review, decide to 25 confirm the original compensation or amend it in a way the 26 court considers appropriate. 27 `(6) If the decision is to amend the compensation, the original 28 compensation as amended under the decision is, for this Act, 29 taken to be the original compensation. 30 Page 336

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 456] `22 Orders Land Court may make 1 `(1) The Land Court may make any order it considers appropriate 2 to meet or enforce its decision on an application under this 3 part. 4 `(2) Without limiting subsection (1), the Land Court may order 5 non-monetary compensation as well as monetary 6 compensation. 7 `Part 7 Miscellaneous provision 8 `23 Compensation not affected by change in ownership 9 or occupancy 10 `A conduct and compensation agreement or a Land Court 11 decision under this schedule is for the benefit of and is taken 12 to have been agreed to or decided for and is binding on-- 13 (a) the relevant eligible claimant; and 14 (b) the exploration tenement holder; and 15 (c) each of their successors and assigns including 16 successors and assigns for the area of the relevant 17 exploration tenement.'. 18 456 Amendment and renumbering of schedule (Dictionary) 19 (1) Schedule, definitions occupier, section 169 conference, 20 section 217 conference and section 254 conference-- 21 omit. 22 (2) Schedule-- 23 insert-- 24 `advanced activity, for schedule 1, see schedule 1, section 3. 25 Page 337

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 456] compensation liability, for schedule 1, see schedule 1, section 1 13(2). 2 compliance direction see section 335A(2). 3 conduct and compensation agreement, for schedule 1, see 4 schedule 1, section 14(1). 5 conduct and compensation agreement requirement, for 6 schedule 1, see schedule 1, section 10(2). 7 eligible claimant, for schedule 1, see schedule 1, section 8 13(1). 9 entry notice, for schedule 1, see schedule 1, section 5(1). 10 exploration tenement, for schedule 1, see schedule 1, section 11 1. 12 land access code see the Petroleum and Gas (Production and 13 Safety) Act, section 24A. 14 mandatory provision, of the land access code, means a 15 provision of that code that the code requires compliance with. 16 minimum negotiation period, for schedule 1, see schedule 1, 17 section 17(2)(a). 18 mining interest means-- 19 (a) a mining tenement; or 20 (b) a tenure held from the State under another Act about 21 mining under which tenure the holder is authorised to 22 carry out mining or a related mineral or energy 23 resources activity. 24 negotiation notice, for schedule 1, see schedule 1, section 25 16(1). 26 occupier, of a place, means a person-- 27 (a) who has a right to occupy the place, other than under a 28 mining interest, petroleum tenure, licence under the 29 Petroleum and Gas (Production and Safety) Act, GHG 30 authority or geothermal tenure; or 31 Page 338

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 457] (b) to whom an occupier under paragraph (a) has given the 1 right to occupy the place. 2 parties-- 3 (a) for part 10, division 1B, see section 335G; or 4 (b) for schedule 1, see schedule 1, section 17(1). 5 preliminary activity, for schedule 1, see schedule 1, section 2. 6 private land, for schedule 1, see schedule 1, section 4. 7 public land, for schedule 1, see schedule 1, section 4. 8 public land authority, for schedule 1, see schedule 1, section 9 4. 10 relevant officer means a mining registrar, deputy mining 11 registrar or field officer appointed under section 336(1) or (2) 12 or another officer appointed under section 336(3).'. 13 (3) Schedule, definition area, paragraph 1, `coal or oil shale'-- 14 omit. 15 (4) Schedule, definition area-- 16 insert-- 17 `4 The area, of a geothermal tenure, is the land to which 18 the tenure is subject, as recorded in the geothermal 19 register under the Geothermal Act.'. 20 (5) Schedule-- 21 renumber as schedule 2. 22 Division 3 Amendment of Petroleum Act 1923 23 457 Act amended 24 The following provisions amend the Petroleum Act 1923-- 25 · this division 26 · part 1, division 5 27 Page 339

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 458] · part 3, division 7 1 · schedule 2, parts 2 and 4. 2 458 Amendment of s 2 (Definitions) 3 (1) Section 2, definitions compensation agreement, compensation 4 liability, eligible claimant, entry notice, entry period, 5 occupier, private land, public land and waiver of entry 6 notice-- 7 omit. 8 (2) Section 2-- 9 insert-- 10 `advanced activity, for a provision about a 1923 Act 11 petroleum tenure, means an authorised activity for the tenure 12 other than a preliminary activity for the tenure. 13 Examples-- 14 · levelling of drilling pads and digging sumps 15 · earthworks associated with pipeline installation 16 · vegetation clear-felling 17 · constructing an exploration camp, concrete pad, sewage or water 18 treatment facility or fuel dump 19 · geophysical surveying with physical clearing 20 · carrying out a seismic survey using explosives 21 · constructing a track or access road 22 · changing a fence line 23 compensation application, for part 6K, division 2, means an 24 application made under section 79VH(1). 25 compensation liability-- 26 (a) for part 6K, division 1--see section 79Q(2); or 27 (b) for part 6K, division 2--see section 79VF(2). 28 conduct and compensation agreement see section 79R(1). 29 Page 340

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 458] conduct and compensation agreement requirement see 1 section 78Q(2). 2 deferral agreement see section 78S(b). 3 eligible claimant, for compensation, see section 79Q(1). 4 entry notice-- 5 (a) for part 6H--see section 78M(1); or 6 (b) for part 6I--see section 79I(2)(b). 7 land access code see the 2004 Act, section 24A. 8 mandatory provision, of the land access code, means a 9 provision of that code that the code requires compliance with. 10 minimum negotiation period see section 79U(2)(a). 11 negotiation notice see section 79T(1). 12 occupier, of a place, means a person-- 13 (a) who has a right to occupy the place, other than under a 14 mining interest, 1923 Act petroleum tenure, 2004 Act 15 petroleum authority, GHG authority or geothermal 16 tenure; or 17 (b) to whom an occupier under paragraph (a) has given the 18 right to occupy the place. 19 parties-- 20 (a) for part 6K, division 1, subdivision 4--see section 21 79U(1); or 22 (b) for part 6R--see section 103B. 23 preliminary activity-- 24 1 A preliminary activity, for a provision about a 1923 Act 25 petroleum tenure, means an authorised activity for the 26 tenure that will have no impact, or only a minor impact, 27 on the business activities of any owner or occupier of the 28 land on which the activity is to be carried out. 29 Page 341

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 458] Examples-- 1 · walking the area of the permit or licence 2 · driving along an existing road or track in the area 3 · taking soil or water samples 4 · drilling without constructing earthworks 5 · geophysical surveying without physical clearing 6 · aerial, electrical or environmental surveying 7 · seismic surveying without using explosives 8 · survey pegging 9 2 However, the following are not preliminary activities-- 10 (a) an authorised activity carried out on land that-- 11 (i) is less than 100ha; and 12 (ii) is being used for intensive farming or 13 broadacre agriculture; 14 Examples-- 15 · land used for dryland or irrigated cropping, plantation 16 forestry or horticulture 17 · a dairy, cattle or sheep feedlot, piggery or poultry 18 farm 19 (b) an authorised activity carried out within 600m of a 20 school or an occupied residence; 21 (c) an authorised activity that affects the lawful 22 carrying out of an organic or bio-organic farming 23 system. 24 private land-- 25 1 Private land is-- 26 (a) freehold land; or 27 (b) an interest in land less than fee simple held from 28 the State under another Act. 29 2 However, land is not private land to the extent of an 30 interest in any of the following relating to the land-- 31 Page 342

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 458] (a) a mining interest; 1 (b) a 1923 Act petroleum tenure or 2004 Act 2 petroleum authority; 3 (c) a GHG authority; 4 (d) a geothermal tenure; 5 (e) an occupation right under a permit under the Land 6 Act 1994. 7 3 Also, land owned by a public land authority is not 8 private land. 9 public land means land other than-- 10 (a) private land; or 11 (b) to the extent an interest in any of the following relates to 12 the land-- 13 (i) a mining interest; 14 (ii) a 1923 Act petroleum tenure or 2004 Act 15 petroleum authority; 16 (iii) a GHG authority; 17 (iv) a geothermal tenure; 18 (v) an occupation right under a permit under the Land 19 Act 1994. 20 relevant owner or occupier, for a provision about entry 21 notices, means the owner or occupier to whom the entry 22 notice is to be given, or would be given, other than for an 23 exemption from the requirement to give an entry notice. 24 waiver of entry notice-- 25 (a) for part 6H--means a waiver of entry notice mentioned 26 in section 78O that complies with section 78O(1); or 27 (b) for part 6I--see section 79I(3).'. 28 Page 343

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 459] 459 Omission of s 74V (Obligation to consult with particular 1 owners and occupiers) 2 Section 74V-- 3 omit. 4 460 Replacement of ss 74X and 74Y 5 Sections 74X and 74Y-- 6 omit, insert-- 7 `74X Compliance with land access code 8 `A 1923 Act petroleum tenure holder must-- 9 (a) comply with the mandatory provisions of the land 10 access code to the extent it applies to the holder; and 11 (b) ensure any other person carrying out an authorised 12 activity for the 1923 Act petroleum tenure complies 13 with the mandatory provisions of the land access code.'. 14 461 Replacement of pt 6H, divs 1 to 3 15 Part 6H, divisions 1 to 3-- 16 omit, insert-- 17 `Division 1 Requirements for entry to private 18 land in 1923 Act petroleum tenure 19 area 20 `Subdivision 1 Entry notice requirement for 21 preliminary activities and particular 22 advanced activities 23 `78L Entry notice requirement 24 `(1) A person must not-- 25 Page 344

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 461] (a) enter private land in a 1923 Act petroleum tenure's area 1 to carry out a preliminary activity for the tenure; or 2 (b) enter private land in a 1923 Act petroleum tenure's area 3 to carry out an advanced activity for the tenure if either 4 of the following applies for the entry-- 5 (i) the deferral agreement exemption; 6 (ii) the Land Court application exemption; 7 unless the 1923 Act petroleum tenure's holder has given each 8 owner and occupier of the land a written notice of the entry 9 that complies with section 78M (an entry notice). 10 Maximum penalty--500 penalty units. 11 `(2) The entry notice must be given-- 12 (a) generally--at least 10 business days before the entry; or 13 (b) if, by a signed endorsement on the notice, the relevant 14 owner or occupier has agreed to a shorter period--the 15 shorter period. 16 Maximum penalty--500 penalty units. 17 `(3) The holder must give the chief executive a copy of the entry 18 notice immediately after the notice is given and before entry is 19 made under the 1923 Act petroleum tenure. 20 Maximum penalty--10 penalty units. 21 `(4) A contravention of subsection (3) does not affect the validity 22 of the notice or the entry. 23 `(5) This section is subject to section 78N. 24 `(6) In this section-- 25 deferral agreement exemption, for an entry, means that the 26 conduct and compensation agreement requirement does not 27 apply for the entry because of section 78R(c)(i). 28 give, for an entry notice, includes publishing it in a way 29 approved under section 78P. 30 Page 345

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 461] Land Court application exemption, for an entry, means that 1 the conduct and compensation agreement requirement does 2 not apply for the entry because of section 78R(c)(ii). 3 `78M Required contents of entry notice 4 `(1) An entry notice must state the following-- 5 (a) the land proposed to be entered; 6 (b) the period during which the land will be entered (the 7 entry period); 8 (c) the activities proposed to be carried out on the land; 9 (d) when and where the activities are proposed to be carried 10 out; 11 (e) contact details for-- 12 (i) the relevant 1923 Act petroleum tenure holder; or 13 (ii) another person the holder has authorised to discuss 14 the matters stated in the notice. 15 `(2) Also, the first entry notice from the 1923 Act petroleum 16 tenure holder to a particular owner or occupier must be 17 accompanied by or include a copy of-- 18 (a) the land access code; and 19 (b) any code of practice made under this Act applying to 20 authorised activities for the 1923 Act petroleum tenure; 21 and 22 (c) the relevant environmental authority documentation. 23 `(3) The entry period can not be longer than-- 24 (a) generally--6 months; or 25 (b) if the relevant owner or occupier agrees in writing to a 26 longer period--the longer period. 27 `(4) Subject to subsections (1) to (3), an entry notice may state an 28 entry period that is different to the entry period stated in 29 Page 346

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 461] another entry notice given by the 1923 Act petroleum tenure 1 holder to another owner or occupier of the land. 2 `(5) In this section-- 3 relevant environmental authority documentation means-- 4 (a) if, under the Environmental Protection Act, the relevant 5 environmental authority for the 1923 Act petroleum 6 tenure is a code compliant authority--the relevant code; 7 or 8 (b) if, under Environmental Protection Act, the relevant 9 environmental authority for the 1923 Act petroleum 10 tenure is a non-code compliant authority-- 11 (i) the environmental authority; and 12 (ii) if the environmental authority imposes conditions 13 by referring to a code--that code. 14 `78N Exemptions from entry notice requirement 15 `(1) The requirement under section 78L(1) to give an entry notice 16 does not apply for an entry to land to carry out an authorised 17 activity if any of the following apply-- 18 (a) the 1923 Act petroleum tenure holder owns the land; 19 (b) the holder has the right other than under this Act to enter 20 the land to carry out the activity; 21 (c) if-- 22 (i) there is a conduct and compensation agreement 23 relating to the land; and 24 (ii) each eligible claimant for the land is a party to the 25 agreement; and 26 (iii) the agreement includes a waiver of entry notice; 27 (d) the entry is to preserve life or property or because of an 28 emergency that exists or may exist; 29 Page 347

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 461] (e) the relevant owner or occupier has, by signed writing, 1 given a waiver of entry notice. 2 `(2) A waiver of entry notice mentioned in subsection (1) must 3 comply with section 78O(1). 4 `78O Provisions for waiver of entry notice 5 `(1) A waiver of entry notice mentioned in section 78N must-- 6 (a) if it does not form part of a conduct and compensation 7 agreement, be written and signed; and 8 (b) state the following-- 9 (i) that the relevant owner or occupier has been told 10 they are not required to agree to the waiver of entry 11 notice; 12 (ii) the authorised activities proposed to be carried out 13 on the land; 14 (iii) the period during which the land will be entered; 15 (iv) when and where the activities are proposed to be 16 carried out. 17 `(2) The relevant owner or occupier can not withdraw the waiver 18 of entry notice during the period. 19 `(3) The waiver of entry notice ceases to have effect at the end of 20 the period. 21 `78P Giving entry notice by publication 22 `(1) The chief executive may approve a 1923 Act petroleum tenure 23 holder giving an entry notice for the tenure by publishing it in 24 a stated way. 25 `(2) The publication may relate to more than 1 entry notice. 26 `(3) The chief executive may give the approval only if satisfied-- 27 Page 348

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 461] (a) for a relevant owner or occupier who is an individual, it 1 is impracticable to give the owner or occupier the notice 2 personally; and 3 (b) the publication will happen at least 20 business days 4 before the entry. 5 `Subdivision 2 Conduct and compensation 6 agreement requirement for 7 particular advanced activities 8 `78Q Conduct and compensation agreement requirement 9 `(1) A person must not enter private land in a 1923 Act petroleum 10 tenure's area to carry out an advanced activity for the tenure 11 (the relevant activity) unless each eligible claimant for the 12 land is a party to an appropriate conduct and compensation 13 agreement. 14 Maximum penalty--500 penalty units. 15 `(2) The requirement under subsection (1) is the conduct and 16 compensation agreement requirement. 17 Note-- 18 For conduct and compensation agreements, see part 6K. 19 `(3) In this section-- 20 appropriate conduct and compensation agreement, for an 21 eligible claimant, means a conduct and compensation 22 agreement about the holder's compensation liability to the 23 eligible claimant of at least to the extent the liability relates to 24 the relevant activity and its effects. 25 Page 349

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 461] `78R Exemptions from conduct and compensation 1 agreement requirement 2 `The conduct and compensation agreement requirement does 3 not apply for an entry to land to carry out an advanced activity 4 if any of the following apply-- 5 (a) the 1923 Act petroleum tenure holder owns the land; 6 (b) the holder has the right other than under this Act to enter 7 the land to carry out the activity; 8 (c) each eligible claimant for the land is-- 9 (i) a party to an agreement, complying with section 10 78S, that a conduct and compensation agreement 11 can be entered into after the entry (a deferral 12 agreement); or 13 (ii) an applicant or respondent to a Land Court 14 application under section 79VB relating to the 15 land; 16 (d) the entry is to preserve life or property or because of an 17 emergency that exists or may exist. 18 `78S Requirements for deferral agreement 19 `A deferral agreement must-- 20 (a) be written and signed by or for the holder and each 21 eligible claimant for the land to be entered; and 22 (b) state the following-- 23 (i) that the eligible claimant has been told the claimant 24 is under no obligation to enter into a deferral 25 agreement before entering into a conduct and 26 compensation agreement; 27 (ii) the authorised activities proposed to be carried out 28 on the land; 29 (iii) the period during which the land will be entered; 30 Page 350

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 462] (iv) when and where the activities are proposed to be 1 carried out; 2 (v) the period for which the deferral agreement has 3 effect; 4 (vi) when it is proposed to enter into a conduct and 5 compensation agreement.'. 6 462 Amendment of s 78U (Change in ownership or 7 occupancy) 8 Section 78U(1)(b), from `the requirement' to `before entry,'-- 9 omit, insert-- 10 `section 78M(1)'. 11 463 Replacement of part 6K (General compensation 12 provisions) 13 Part 6K-- 14 omit, insert-- 15 `Part 6K Compensation and negotiated 16 access 17 `Division 1 Compensation other than for 18 notifiable road uses 19 `Subdivision 1 Preliminary 20 `79P Application of div 1 21 `This division does not apply for a public land authority in 22 relation to a notifiable road use. 23 Page 351

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 463] `Subdivision 2 General provisions 1 `79Q General liability to compensate 2 `(1) The holder of each 1923 Act petroleum tenure is liable to 3 compensate each owner or occupier of private land or public 4 land in the area of, or access land for, the tenure (an eligible 5 claimant) for any compensatable effect the eligible claimant 6 suffers caused by relevant authorised activities. 7 `(2) A 1923 Act petroleum tenure holder's liability under 8 subsection (1) to an eligible claimant is the holder's 9 compensation liability to the claimant. 10 `(3) This section is subject to section 79VE. 11 `(4) In this section-- 12 compensatable effect means all or any of the following 13 relating to the eligible claimant's land-- 14 (a) deprivation of possession of its surface; 15 (b) diminution of its value; 16 (c) diminution of the use made or that may be made of the 17 land or any improvement on it; 18 (d) severance of any part of the land from other parts of the 19 land or from other land that the eligible claimant owns; 20 (e) any cost or loss arising from the carrying out of 21 activities under the 1923 Act petroleum tenure on the 22 land. 23 relevant authorised activities means authorised activities for 24 the 1923 Act petroleum tenure carried out by the holder or a 25 person authorised by the holder. 26 Page 352

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 463] `Subdivision 3 General provisions for conduct and 1 compensation agreements 2 `79R Conduct and compensation agreement 3 `(1) An eligible claimant and a 1923 Act petroleum tenure holder 4 may enter into an agreement (a conduct and compensation 5 agreement) about-- 6 (a) how and when the 1923 Act petroleum tenure holder 7 may enter the land for which the eligible claimant is an 8 eligible claimant; and 9 (b) how authorised activities under the 1923 Act petroleum 10 tenure, to the extent they relate to the eligible claimant, 11 must be carried out; and 12 (c) the holder's compensation liability to the claimant or 13 any future compensation liability that the holder may 14 have to the claimant. 15 `(2) However, a conduct and compensation agreement can not be 16 inconsistent with this Act, a condition of the 1923 Act 17 petroleum tenure or a mandatory provision of the land access 18 code and is unenforceable to the extent of the inconsistency. 19 `(3) A conduct and compensation agreement may relate to all or 20 part of the liability or future liability. 21 `79S Content of conduct and compensation agreement 22 `(1) A conduct and compensation agreement must-- 23 (a) provide for the matters mentioned in section 79R(1); 24 and 25 (b) be written and signed by or for the 1923 Act petroleum 26 tenure holder and the eligible claimant; and 27 (c) state whether it is for all or part of the compensation 28 liability; and 29 (d) if it is for only part of the compensation liability, state-- 30 Page 353

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 463] (i) details of each activity or effect of the activity to 1 which the agreement relates; and 2 (ii) the period for which the agreement has effect; and 3 (e) provide for how and when the compensation liability 4 will be met. 5 `(2) A conduct and compensation agreement may-- 6 (a) extend the holder's compensation liability to the 7 claimant or any future compensation liability that the 8 holder may have to the claimant to any renewal of the 9 1923 Act petroleum tenure; and 10 (b) provide for-- 11 (i) monetary or non-monetary compensation; or 12 Example of non-monetary compensation-- 13 A conduct and compensation agreement may provide for 14 the construction of a road for the claimant. 15 (ii) a process by which it may be amended or enforced; 16 and 17 Example of a process for amendment-- 18 A conduct and compensation agreement may provide for 19 compensation under it to be reviewed on the happening of 20 a material change in circumstances for the 1923 Act 21 petroleum tenure including a change in the extent of 22 activities required under a later development plan for a 23 lease. 24 (c) provide for any compensation that is or may be payable 25 by the holder to the eligible claimant under the 26 Environmental Protection Act. 27 `(3) This section does not limit the matters that may be provided 28 for in a conduct and compensation agreement. 29 Page 354

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 463] `Subdivision 4 Negotiation process 1 Note-- 2 Generally, a 1923 Act petroleum tenure holder can not enter private land 3 to carry out an advanced activity unless the holder complies with this 4 subdivision. See sections 78Q and 78R. 5 `79T Notice of intent to negotiate 6 `(1) A 1923 Act petroleum tenure holder may give an eligible 7 claimant to whom the holder has a compensation liability a 8 notice (the negotiation notice) that the holder wishes to 9 negotiate a conduct and compensation agreement or a deferral 10 agreement with the eligible claimant. 11 `(2) The negotiation notice must be accompanied by a copy of the 12 land access code and state all of the following-- 13 (a) if the holder wishes to negotiate a conduct and 14 compensation agreement-- 15 (i) whether the holder wishes to negotiate all or part of 16 the holder's compensation liability to the eligible 17 claimant; and 18 (ii) if the holder only wishes to negotiate part of the 19 liability--what the part is; 20 (b) if the holder wishes to negotiate a deferral 21 agreement--that wish and the reasons for it; 22 (c) the land the holder proposes to enter; 23 (d) the activities proposed to be carried out on the land; 24 (e) when and where the activities are proposed to be carried 25 out; 26 (f) if the holder is a corporation--contact details for the 27 holder and an individual the holder has authorised to 28 negotiate the agreement. 29 Page 355

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 463] `(3) The 1923 Act petroleum tenure holder must give the chief 1 executive a copy of the negotiation notice immediately after it 2 is given. 3 Maximum penalty for subsection (3)--10 penalty units. 4 `79U Negotiations 5 `(1) On the giving of the negotiation notice, the 1923 Act 6 petroleum tenure holder and the eligible claimant (the parties) 7 must use all reasonable endeavours to negotiate a conduct and 8 compensation agreement or a deferral agreement (a relevant 9 agreement). 10 `(2) The period of the negotiations-- 11 (a) must be at least 20 business days from the giving of the 12 negotiation notice (the minimum negotiation period); 13 but 14 (b) may continue for as long as the parties wish. 15 `(3) If, during the minimum negotiation period, the parties enter 16 into a relevant agreement, the 1923 Act petroleum tenure 17 holder can not enter the relevant land to carry out advanced 18 activities for the tenure until the period ends. 19 `(4) Subsection (3) applies despite the terms of the agreement. 20 `79V Cooling-off during minimum negotiation period 21 `(1) This section applies if the parties enter into a conduct and 22 compensation agreement or a deferral agreement during the 23 minimum negotiation period. 24 `(2) Either of the parties may, within the minimum negotiation 25 period, terminate the agreement by giving notice to the other 26 party. 27 `(3) On the giving of a notice under subsection (2), the terminated 28 agreement is taken never to have had any effect. 29 Page 356

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 463] `(4) To remove any doubt, it is declared that subsection (3) does 1 not change the time when the negotiation notice was given. 2 `79VA Parties may seek mediation 3 `(1) This section applies if, at the end of the minimum negotiation 4 period, the parties have not entered into a conduct and 5 compensation agreement. 6 `(2) Either party may ask an authorised officer to call a mediation 7 between the parties to negotiate a conduct and compensation 8 agreement. 9 `(3) Part 6R applies to the mediation. 10 `(4) However, the authorised officer must take all reasonable steps 11 to ensure the mediation is finished within 20 business days 12 after it was requested. 13 `Subdivision 5 Deciding compensation through 14 Land Court 15 `79VB Deciding compensation through Land Court if 16 mediation not called or after unsuccessful mediation 17 `(1) This section applies if, under section 79VA, a party has asked 18 an authorised officer to call a mediation and the officer does 19 not finish the mediation within 20 business days after 20 receiving the request. 21 `(2) This section also applies if-- 22 (a) an authorised officer has, under section 79VA, called a 23 mediation; and 24 (b) one or both of the parties attended the mediation; and 25 (c) there is no conduct and compensation agreement 26 between the parties relating to the subject of the 27 mediation within 20 business days after the mediation 28 was called. 29 Page 357

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 463] `(3) An eligible party may apply to the Land Court for it to decide 1 the 1923 Act petroleum tenure holder's-- 2 (a) compensation liability to the claimant; or 3 (b) future compensation liability to the claimant for an 4 authorised activity for the 1923 Act petroleum tenure 5 proposed to be carried out by or for the holder. 6 `(4) However, the Land Court may decide the liability or future 7 liability only to the extent it is not subject to a conduct and 8 compensation agreement. 9 `(5) In hearing the application, the Land Court must as much as 10 practicable ensure the hearing happens together with, or as 11 closely as possible to, the hearing of any relevant 12 environmental compensation application. 13 `(6) In this section-- 14 eligible party means-- 15 (a) if subsection (1) applies--any party; or 16 (b) if subsection (2) applies--a party who attended the 17 mediation. 18 relevant environmental compensation application means an 19 application to the Land Court for compensation that is or may 20 be payable by the 1923 Act petroleum tenure holder to the 21 eligible claimant under the Environmental Protection Act. 22 `79VC Land Court review of compensation 23 `(1) This section applies if-- 24 (a) the compensation liability or future compensation 25 liability of a 1923 Act petroleum tenure holder to an 26 eligible claimant has been agreed to under a conduct and 27 compensation agreement or decided by the Land Court 28 (the original compensation); and 29 (b) there has been a material change in circumstances (the 30 change) since the agreement or decision. 31 Page 358

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 463] `(2) The eligible claimant or the holder may apply to the Land 1 Court for it to review the original compensation. 2 `(3) In carrying out the review, the Land Court may review the 3 original compensation only to the extent it is affected by the 4 change. 5 `(4) If the Land Court considers the original compensation is not 6 affected by the change, it must not carry out or continue with 7 the review. 8 `(5) The Land Court may, after carrying out the review, decide to 9 confirm the original compensation or amend it in a way the 10 court considers appropriate. 11 `(6) If the decision is to amend the compensation, the original 12 compensation as amended under the decision is, for this Act, 13 taken to be the original compensation. 14 `79VD Orders Land Court may make 15 `(1) The Land Court may make any order it considers appropriate 16 to meet or enforce its decision on an application under this 17 part. 18 `(2) Without limiting subsection (1), the Land Court may order 19 non-monetary compensation as well as monetary 20 compensation. 21 `Subdivision 6 Miscellaneous provision 22 `79VE Compensation not affected by change in ownership 23 or occupancy 24 `(1) A conduct and compensation agreement or a Land Court 25 decision under this part is for the benefit of, and is taken to 26 have been agreed to or decided for and is binding on, the 27 following-- 28 (a) the relevant eligible claimant; 29 Page 359

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 464] (b) the 1923 Act petroleum tenure holder; 1 (c) each of their successors and assigns including 2 successors and assigns for the area of the relevant 1923 3 Act petroleum tenure. 4 `(2) Subsection (1) is subject to section 79VC. 5 `Division 2 Compensation for notifiable road 6 uses'. 7 464 Insertion of new pt 6R 8 After part 6Q-- 9 insert-- 10 `Part 6R Mediation with eligible 11 claimants or owners and 12 occupiers 13 `103A Application of pt 6R 14 `This part applies if-- 15 (a) under section 79VA, an authorised officer is asked by a 16 1923 Act petroleum tenure holder or an eligible 17 claimant to call a mediation; or 18 (b) an owner or occupier of land in a 1923 Act petroleum 19 tenure's area gives an authorised officer a notice stating 20 concerns about the way in which authorised activities 21 for the tenure are being carried out on the land; or 22 (c) a 1923 Act petroleum tenure holder gives an authorised 23 officer a notice stating concerns about the activities of 24 an owner or occupier of land in the tenure's area; or 25 (d) for another reason an authorised officer has concerns 26 about the relationship between a 1923 Act petroleum 27 Page 360

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 464] tenure holder and an owner or occupier of land in the 1 tenure's area. 2 `103B Mediation may be called 3 `(1) If section 103A(a) applies, the authorised officer must, by 4 notice, ask the 1923 Act petroleum tenure holder and the 5 eligible claimant (the parties) to attend a mediation by the 6 authorised officer about negotiating a conduct and 7 compensation agreement. 8 `(2) If section 103A(b), (c) or (d) applies, the authorised officer 9 may, by notice, ask the 1923 Act petroleum tenure holder and 10 the owner or occupier (also the parties) to attend a mediation 11 by the authorised officer about the concerns. 12 `(3) The notice must state what the subject of the mediation is and 13 when and where it will be held. 14 `103C Who may attend mediation 15 `(1) Apart from the authorised officer, anyone given notice of the 16 mediation may attend it. 17 `(2) A party may be represented by an agent only if the authorised 18 officer agrees. 19 `(3) However, a party can not be represented by a lawyer unless 20 the parties agree and the authorised officer is satisfied there is 21 no disadvantage to a party. 22 `103D What happens if a party does not attend 23 `(1) This section applies if a party given notice of the mediation 24 does not attend. 25 `(2) For the purpose of applying to the Land Court under section 26 79VB, the mediation is taken to have been conducted. 27 Page 361

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 464] `(3) A party who attended the mediation may apply to the Land 1 Court for an order requiring the party who did not attend to 2 pay the attending party's reasonable costs of attending. 3 `(4) The Land Court must not order the party who did not attend to 4 pay costs if it is satisfied the party had a reasonable excuse for 5 not attending. 6 `(5) If the Land Court makes the order, it must decide the amount 7 of the costs. 8 `103E Conduct of mediation 9 `(1) In conducting the mediation, the authorised officer must 10 endeavour to help those attending to reach an early and 11 inexpensive settlement of the subject of the mediation. 12 `(2) Subject to section 79VA, the authorised officer is to decide 13 how the mediation is to be conducted. 14 `103F Statements made at mediation 15 `Nothing said by a person at the mediation is admissible, 16 without the person's consent, in a proceeding. 17 `103G Mediated agreement 18 `(1) If, at the mediation, the parties negotiate an agreement about 19 the concerns the subject of the mediation, the agreement must 20 be written and signed by or for the parties. 21 `(2) The agreement-- 22 (a) may be a conduct and compensation agreement or an 23 amendment of an existing conduct and compensation 24 agreement between the parties; and 25 (b) has the same effect as any other compromise.'. 26 Page 362

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 465] 465 Insertion of new pt 13 1 After section 185-- 2 insert-- 3 `Part 13 Transitional provisions for 4 amendments under Geothermal 5 Energy Act 2010 6 `186 Land access code prevails over conditions 7 `If a condition of a 1923 Act petroleum tenure is inconsistent 8 with a mandatory provision of the land access code, the 9 mandatory provision prevails to the extent of the 10 inconsistency. 11 `187 Existing compensation agreements other than for 12 notifiable road uses 13 `(1) This section applies if immediately before the commencement 14 of this section a compensation agreement under part 6K was 15 in force. 16 `(2) On the commencement the agreement becomes a conduct and 17 compensation agreement under part 6K, division 1. 18 `188 Existing entry notices 19 `(1) This section applies to an entry notice for the carrying out of 20 an authorised activity for a 1923 Act petroleum tenure if the 21 notice complied with the entry notice requirements before the 22 commencement of this section. 23 `(2) The notice continues, according to its terms, to be valid for the 24 carrying out of the activity after the commencement even 25 though the notice does not comply with all of the entry notice 26 requirements from the commencement. 27 `(3) In this section-- 28 Page 363

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 466] entry notice requirements means the requirements under this 1 Act relating to the giving of an entry notice. 2 `189 References to geothermal tenure 3 `Until the Geothermal Energy Act 2010, chapter 9, part 1 4 commences, a reference in this Act to a geothermal tenure is 5 taken to be a reference to a geothermal exploration permit.'. 6 Division 4 Amendment of Petroleum and Gas 7 (Production and Safety) Act 2004 8 466 Act amended 9 The following provisions amend the Petroleum and Gas 10 (Production and Safety) Act 2004-- 11 · this division 12 · part 1, division 6 13 · part 3, division 8 14 · schedule 2, parts 1, 2 and 4. 15 467 Insertion of new ch 1, pt 3, div 3 16 Chapter 1, part 3-- 17 insert-- 18 `Division 3 Land access code 19 `24A Making of code 20 `(1) A regulation may make a single code for all resource Acts (the 21 land access code) that-- 22 (a) states best practice guidelines for communication 23 between the holders of authorities and owners and 24 occupiers of private land; and 25 Page 364

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 468] (b) imposes on the authorities mandatory conditions 1 concerning the conduct of authorised activities on 2 private land. 3 `(2) In this section-- 4 resource Acts means the following-- 5 · this Act 6 · the Geothermal Exploration Act 2004 7 · the Geothermal Energy Act 2010 8 · the GHG storage Act 9 · the Mineral Resources Act 10 · the 1923 Act.'. 11 468 Omission of s 74 (Obligation to consult with particular 12 owners and occupiers) 13 Section 74-- 14 omit. 15 469 Omission of s 153 (Obligation to consult with particular 16 owners and occupiers) 17 Section 153-- 18 omit. 19 470 Replacement of ch 5, pt 2, divs 1 to 2A 20 Chapter 5, part 2, divisions 1 to 2A-- 21 omit, insert-- 22 Page 365

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 470] `Division 1 Requirements for entry to private 1 land in petroleum authority area 2 `Subdivision 1 Entry notice requirement for 3 preliminary activities and particular 4 advanced activities 5 `495 Entry notice requirement 6 `(1) A person must not-- 7 (a) enter private land in a petroleum authority's area to 8 carry out a preliminary activity for the authority; or 9 (b) enter private land in a petroleum authority's area to 10 carry out an advanced activity for the authority if either 11 of the following applies for the entry-- 12 (i) the deferral agreement exemption; 13 (ii) the Land Court application exemption; 14 unless the petroleum authority's holder has given each owner 15 and occupier of the land a written notice of the entry that 16 complies with section 496 (an entry notice). 17 Maximum penalty--500 penalty units. 18 `(2) The entry notice must be given-- 19 (a) generally--at least 10 business days before the entry; or 20 (b) if, by a signed endorsement on the notice, the relevant 21 owner or occupier has agreed to a shorter period--the 22 shorter period. 23 Maximum penalty--500 penalty units. 24 `(3) The holder must give the chief executive a copy of the entry 25 notice immediately after the notice is given and before entry is 26 made under the petroleum authority. 27 Maximum penalty--10 penalty units. 28 Page 366

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 470] `(4) A contravention of subsection (3) does not affect the validity 1 of the notice or the entry. 2 `(5) This section is subject to section 497. 3 `(6) In this section-- 4 deferral agreement exemption, for an entry, means that the 5 conduct and compensation agreement requirement does not 6 apply for the entry because of section 500A(e)(i). 7 give, for an entry notice, includes publishing it in a way 8 approved under section 499. 9 Land Court application exemption, for an entry, means that 10 the conduct and compensation agreement requirement does 11 not apply for the entry because of section 500A(e)(ii). 12 `496 Required contents of entry notice 13 `(1) An entry notice must state the following-- 14 (a) the land proposed to be entered; 15 (b) the period during which the land will be entered (the 16 entry period); 17 (c) the activities proposed to be carried out on the land; 18 (d) when and where the activities are proposed to be carried 19 out; 20 (e) contact details for-- 21 (i) the relevant petroleum authority holder; or 22 (ii) another person the holder has authorised to discuss 23 the matters stated in the notice. 24 `(2) Also, the first entry notice from the petroleum authority 25 holder to a particular owner or occupier must be accompanied 26 by or include a copy of-- 27 (a) the land access code; and 28 (b) any code of practice made under this Act applying to 29 authorised activities for the petroleum authority; and 30 Page 367

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 470] (c) the relevant environmental authority documentation. 1 `(3) The entry period can not be longer than-- 2 (a) generally--6 months; or 3 (b) if the relevant owner or occupier agrees in writing to a 4 longer period--the longer period. 5 `(4) Subject to subsections (1) to (3), an entry notice may state an 6 entry period that is different to the entry period stated in 7 another entry notice given by the petroleum authority holder 8 to another owner or occupier of the land. 9 `(5) In this section-- 10 relevant environmental authority documentation means-- 11 (a) if, under the Environmental Protection Act, the relevant 12 environmental authority for the petroleum authority is a 13 code compliant authority--the relevant code; or 14 (b) if, under the Environmental Protection Act, the relevant 15 environmental authority for the petroleum authority is a 16 non-code compliant authority-- 17 (i) the environmental authority; and 18 (ii) if the environmental authority imposes conditions 19 by referring to a code--that code. 20 `497 Exemptions from entry notice requirement 21 `(1) The requirement under section 495(1) to give an entry notice 22 does not apply for an entry to land to carry out an authorised 23 activity if any of the following apply-- 24 (a) the petroleum authority holder owns the land; 25 (b) the holder has the right other than under this Act to enter 26 the land to carry out the activity; 27 (c) if-- 28 (i) there is a conduct and compensation agreement 29 relating to the land; and 30 Page 368

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 470] (ii) each eligible claimant for the land is a party to the 1 agreement; and 2 (iii) the agreement includes a waiver of entry notice; 3 (d) the authority is a pipeline licence and an owner's 4 permission under section 399 has been given for the 5 land; 6 (e) the authority is a petroleum facility licence and an 7 owner's permission under section 439 has been given for 8 the land; 9 (f) the entry is to preserve life or property or because of an 10 emergency that exists or may exist; 11 (g) the relevant owner or occupier has, by signed writing, 12 given a waiver of entry notice. 13 `(2) A waiver of entry notice mentioned in subsection (1) must 14 comply with section 498(1). 15 `498 Provisions for waiver of entry notice 16 `(1) A waiver of entry notice mentioned in section 497 must-- 17 (a) if it does not form part of a conduct and compensation 18 agreement, be written and signed; and 19 (b) state the following-- 20 (i) that the relevant owner or occupier has been told 21 they are not required to agree to the waiver of entry 22 notice; 23 (ii) the authorised activities proposed to be carried out 24 on the land; 25 (iii) the period during which the land will be entered; 26 (iv) when and where the activities are proposed to be 27 carried out. 28 `(2) The relevant owner or occupier can not withdraw the waiver 29 of entry notice during the period. 30 Page 369

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 470] `(3) The waiver of entry notice ceases to have effect at the end of 1 the period. 2 `499 Giving entry notice by publication 3 `(1) The chief executive may approve a petroleum authority holder 4 giving an entry notice for the authority by publishing it in a 5 stated way. 6 `(2) The publication may relate to more than 1 entry notice. 7 `(3) The chief executive may give the approval only if satisfied-- 8 (a) for a relevant owner or occupier who is an individual, it 9 is impracticable to give the owner or occupier the notice 10 personally; and 11 (b) the publication will happen at least 20 business days 12 before the entry. 13 `Subdivision 2 Conduct and compensation 14 agreement requirement for 15 particular advanced activities 16 `500 Conduct and compensation agreement requirement 17 `(1) A person must not enter private land in a petroleum 18 authority's area to carry out an advanced activity for the 19 authority (the relevant activity) unless each eligible claimant 20 for the land is a party to an appropriate conduct and 21 compensation agreement. 22 Maximum penalty--500 penalty units. 23 `(2) The requirement under subsection (1) is the conduct and 24 compensation agreement requirement. 25 Note-- 26 For conduct and compensation agreements, see part 5. 27 `(3) In this section-- 28 Page 370

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 470] appropriate conduct and compensation agreement, for an 1 eligible claimant, means a conduct and compensation 2 agreement about the holder's compensation liability to the 3 eligible claimant of at least to the extent the liability relates to 4 the relevant activity and its effects. 5 `500A Exemptions from conduct and compensation 6 agreement requirement 7 `The conduct and compensation agreement requirement does 8 not apply for an entry to land to carry out an advanced activity 9 if any of the following apply-- 10 (a) the petroleum authority holder owns the land; 11 (b) the holder has the right other than under this Act to enter 12 the land to carry out the activity; 13 Example of a right other than under this Act-- 14 an appropriate easement to construct or operate the pipeline the 15 subject of a pipeline licence 16 (c) the authority is a pipeline licence and an owner's 17 permission under section 399 has been given for the 18 land; 19 (d) the authority is a petroleum facility licence and an 20 owner's permission under section 439 has been given for 21 the land; 22 (e) each eligible claimant for the land is-- 23 (i) a party to an agreement, complying with section 24 500B, that a conduct and compensation agreement 25 can be entered into after the entry (a deferral 26 agreement); or 27 (ii) an applicant or respondent to a Land Court 28 application under section 537B relating to the land; 29 (f) the entry is to preserve life or property or because of an 30 emergency that exists or may exist. 31 Page 371

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 471] `500B Requirements for deferral agreement 1 `A deferral agreement must-- 2 (a) be written and signed by or for the holder and each 3 eligible claimant for the land to be entered; and 4 (b) state the following-- 5 (i) that the eligible claimant has been told the claimant 6 is under no obligation to enter into a deferral 7 agreement before entering into a conduct and 8 compensation agreement; 9 (ii) the authorised activities proposed to be carried out 10 on the land; 11 (iii) the period during which the land will be entered; 12 (iv) when and where the activities are proposed to be 13 carried out; 14 (v) the period for which the deferral agreement has 15 effect; 16 (vi) when it is proposed to enter into a conduct and 17 compensation agreement.'. 18 471 Amendment of s 512 (Change in ownership or 19 occupancy) 20 Section 512(1)(b), from `the requirement' to `before entry,'-- 21 omit, insert-- 22 `section 495(2)'. 23 472 Replacement of ch 5, pt 5 (General compensation 24 provisions) 25 Chapter 5, part 5-- 26 omit, insert-- 27 Page 372

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 472] `Part 5 Compensation and negotiated 1 access 2 `Division 1 Compensation other than for 3 notifiable road uses 4 `Subdivision 1 Preliminary 5 `531 Application of div 1 6 `This division does not apply for a public land authority in 7 relation to a notifiable road use. 8 `Subdivision 2 General provisions 9 `532 General liability to compensate 10 `(1) The holder of each petroleum authority is liable to 11 compensate each owner or occupier of private land or public 12 land in the area of, or access land for, the authority (an eligible 13 claimant) for any compensatable effect the eligible claimant 14 suffers that is caused by relevant authorised activities. 15 `(2) A petroleum authority holder's liability under subsection (1) 16 to an eligible claimant is the holder's compensation liability 17 to the claimant. 18 `(3) This section is subject to section 537E. 19 `(4) In this section-- 20 compensatable effect means all or any of the following 21 relating to the eligible claimant's land-- 22 (a) deprivation of possession of its surface; 23 (b) diminution of its value; 24 Page 373

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 472] (c) diminution of the use made or that may be made of the 1 land or any improvement on it; 2 (d) severance of any part of the land from other parts of the 3 land or from other land that the eligible claimant owns; 4 (e) any cost or loss arising from the carrying out of 5 activities under the petroleum authority on the land. 6 relevant authorised activities means authorised activities for 7 the petroleum authority carried out by the holder or a person 8 authorised by the holder. 9 `Subdivision 3 General provisions for conduct and 10 compensation agreements 11 `533 Conduct and compensation agreement 12 `(1) An eligible claimant and a petroleum authority holder may 13 enter into an agreement (a conduct and compensation 14 agreement) about-- 15 (a) how and when the petroleum authority holder may enter 16 the land for which the eligible claimant is an eligible 17 claimant; and 18 (b) how authorised activities under the petroleum authority 19 to the extent they relate to the eligible claimant must be 20 carried out; and 21 (c) the holder's compensation liability to the claimant or 22 any future compensation liability that the holder may 23 have to the claimant. 24 `(2) However, a conduct and compensation agreement can not be 25 inconsistent with this Act, a condition of the petroleum 26 authority or a mandatory provision of the land access code 27 and is unenforceable to the extent of the inconsistency. 28 `(3) A conduct and compensation agreement may relate to all or 29 part of the liability or future liability. 30 Page 374

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 472] `534 Content of conduct and compensation agreement 1 `(1) A conduct and compensation agreement must-- 2 (a) provide for the matters mentioned in section 533(1); and 3 (b) be written and signed by or for the petroleum authority 4 holder and the eligible claimant; and 5 (c) state whether it is for all or part of the compensation 6 liability; and 7 (d) if it is for only part of the compensation liability, state-- 8 (i) details of each activity or effect of the activity to 9 which the agreement relates; and 10 (ii) the period for which the agreement has effect; and 11 (e) provide for how and when the compensation liability 12 will be met. 13 `(2) A conduct and compensation agreement may-- 14 (a) extend the holder's compensation liability to the 15 claimant or any future compensation liability that the 16 holder may have to the claimant to any renewal of the 17 petroleum authority; and 18 (b) provide for-- 19 (i) monetary or non-monetary compensation; or 20 Example of non-monetary compensation-- 21 A conduct and compensation agreement may provide for 22 the construction of a road for the claimant. 23 (ii) a process by which it may be amended or enforced; 24 and 25 Example of a process for amendment-- 26 A conduct and compensation agreement may provide for 27 compensation under it to be reviewed on the happening of 28 a material change in circumstances for the petroleum 29 authority including a change in the extent of activities 30 required under a later development plan for a petroleum 31 lease. 32 Page 375

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 472] (c) provide for any compensation that is or may be payable 1 by the holder to the eligible claimant under the 2 Environmental Protection Act. 3 `(3) This section does not limit the matters that may be provided 4 for in a conduct and compensation agreement. 5 `Subdivision 4 Negotiation process 6 Note-- 7 Generally, a petroleum authority holder can not enter private land to 8 carry out an advanced activity unless the holder complies with this 9 subdivision. See sections 500 and 500A. 10 `535 Notice of intent to negotiate 11 `(1) A petroleum authority holder may give an eligible claimant to 12 whom the holder has a compensation liability a notice (the 13 negotiation notice) that the holder wishes to negotiate a 14 conduct and compensation agreement or a deferral agreement 15 with the eligible claimant. 16 `(2) The negotiation notice must be accompanied by a copy of the 17 land access code and state all of the following-- 18 (a) if the holder wishes to negotiate a conduct and 19 compensation agreement-- 20 (i) whether the holder wishes to negotiate all or part of 21 the holder's compensation liability to the eligible 22 claimant; and 23 (ii) if the holder only wishes to negotiate part of the 24 liability--what the part is; 25 (b) if the holder wishes to negotiate a deferral 26 agreement--that wish and the reasons for it; 27 (c) the land the holder proposes to enter; 28 (d) the activities proposed to be carried out on the land; 29 Page 376

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 472] (e) when and where the activities are proposed to be carried 1 out; 2 (f) if the holder is a corporation--contact details for the 3 holder and an individual the holder has authorised to 4 negotiate the agreement. 5 `(3) The petroleum authority holder must give the chief executive 6 a copy of the negotiation notice immediately after it is given. 7 Maximum penalty for subsection (3)--10 penalty units. 8 `536 Negotiations 9 `(1) On the giving of the negotiation notice, the petroleum 10 authority holder and the eligible claimant (the parties) must 11 use all reasonable endeavours to negotiate a conduct and 12 compensation agreement or a deferral agreement (a relevant 13 agreement). 14 `(2) The period of the negotiations-- 15 (a) must be at least 20 business days from the giving of the 16 negotiation notice (the minimum negotiation period); 17 but 18 (b) may continue for as long as the parties wish. 19 `(3) If, during the minimum negotiation period, the parties enter 20 into a relevant agreement the petroleum authority holder can 21 not enter the relevant land to carry out advanced activities for 22 the authority until the period ends. 23 `(4) Subsection (3) applies despite the terms of the agreement. 24 `537 Cooling-off during minimum negotiation period 25 `(1) This section applies if the parties enter into a conduct and 26 compensation agreement or a deferral agreement during the 27 minimum negotiation period. 28 Page 377

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 472] `(2) Either of the parties may, within the minimum negotiation 1 period, terminate the agreement by giving notice to the other 2 party. 3 `(3) On the giving of a notice under subsection (2), the terminated 4 agreement is taken never to have had any effect. 5 `(4) To remove any doubt, it is declared that subsection (3) does 6 not change the time when the negotiation notice was given. 7 `537A Parties may seek mediation 8 `(1) This section applies if, at the end of the minimum negotiation 9 period, the parties have not entered into a conduct and 10 compensation agreement. 11 `(2) Either party may ask an authorised officer to call a mediation 12 between the parties to negotiate a conduct and compensation 13 agreement. 14 `(3) Chapter 10, part 1AA applies to the mediation. 15 `(4) However, the authorised officer must take all reasonable steps 16 to ensure the mediation is finished within 20 business days 17 after it was requested. 18 `Subdivision 5 Deciding compensation through 19 Land Court 20 `537B Deciding compensation through Land Court if 21 mediation not called or after unsuccessful mediation 22 `(1) This section applies if, under section 537A, a party has asked 23 an authorised officer to call a mediation and the officer does 24 not finish the mediation within 20 business days after 25 receiving the request. 26 `(2) This section also applies if-- 27 (a) an authorised officer has, under section 537A, called a 28 mediation; and 29 Page 378

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 472] (b) one or both of the parties attended the mediation; and 1 (c) there is no conduct and compensation agreement 2 between the parties relating to the subject of the 3 mediation within 20 business days after the mediation 4 was called. 5 `(3) An eligible party may apply to the Land Court for it to decide 6 the petroleum authority holder's-- 7 (a) compensation liability to the claimant; or 8 (b) future compensation liability to the claimant for an 9 authorised activity for the petroleum authority proposed 10 to be carried out by or for the holder. 11 `(4) However, the Land Court may decide the liability or future 12 liability only to the extent it is not subject to a conduct and 13 compensation agreement. 14 `(5) In hearing the application, the Land Court must as much as 15 practicable ensure the hearing happens together with, or as 16 closely as possible to, the hearing of any relevant 17 environmental compensation application. 18 `(6) In this section-- 19 eligible party means-- 20 (a) if subsection (1) applies--any party; or 21 (b) if subsection (2) applies--a party who attended the 22 mediation. 23 relevant environmental compensation application means an 24 application to the Land Court for compensation that is or may 25 be payable by the petroleum authority holder to the eligible 26 claimant under the Environmental Protection Act. 27 `537C Land Court review of compensation 28 `(1) This section applies if-- 29 (a) the compensation liability or future compensation 30 liability of a petroleum authority holder to an eligible 31 Page 379

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 472] claimant has been agreed to under a conduct and 1 compensation agreement or decided by the Land Court 2 (the original compensation); and 3 (b) there has been a material change in circumstances (the 4 change) since the agreement or decision. 5 `(2) The eligible claimant or the holder may apply to the Land 6 Court for it to review the original compensation. 7 `(3) In carrying out the review, the Land Court may review the 8 original compensation only to the extent it is affected by the 9 change. 10 `(4) If the Land Court considers the original compensation is not 11 affected by the change, it must not carry out or continue with 12 the review. 13 `(5) The Land Court may, after carrying out the review, decide to 14 confirm the original compensation or amend it in a way the 15 court considers appropriate. 16 `(6) If the decision is to amend the compensation, the original 17 compensation as amended under the decision is, for this Act, 18 taken to be the original compensation. 19 `537D Orders Land Court may make 20 `(1) The Land Court may make any order it considers appropriate 21 to meet or enforce its decision on an application under this 22 part. 23 `(2) Without limiting subsection (1), the Land Court may order 24 non-monetary compensation as well as monetary 25 compensation. 26 Page 380

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 473] `Subdivision 6 Miscellaneous provision 1 `537E Compensation not affected by change in ownership 2 or occupancy 3 `(1) A conduct and compensation agreement or a Land Court 4 decision under this part is for the benefit of, and is taken to 5 have been agreed to or decided for and is binding on, the 6 following-- 7 (a) the relevant eligible claimant; 8 (b) the petroleum authority holder; 9 (c) each of their successors and assigns including 10 successors and assigns for the area of the relevant 11 petroleum authority. 12 `(2) Subsection (1) is subject to section 537C. 13 `Division 2 Compensation for notifiable road 14 uses'. 15 473 Replacement of ss 555 and 556 16 Sections 555 and 556-- 17 omit, insert-- 18 `555 Compliance with land access code 19 `A petroleum authority holder must-- 20 (a) comply with the mandatory provisions of the land 21 access code to the extent it applies to the holder; and 22 (b) ensure any other person carrying out an authorised 23 activity for the petroleum authority complies with the 24 mandatory provisions of the land access code.'. 25 Page 381

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 474] 474 Replacement of ch 10, hdg (Investigations and 1 enforcement) 2 Chapter 10, heading-- 3 omit, insert-- 4 `Chapter 10 Mediation, investigations 5 and enforcement 6 `Part 1AA Mediation with eligible 7 claimants or owners and 8 occupiers 9 `734B Application of pt 1AA 10 `This part applies if-- 11 (a) under section 537A, an authorised officer is asked by a 12 petroleum authority holder or an eligible claimant to call 13 a mediation; or 14 (b) an owner or occupier of land in a petroleum authority's 15 area gives an authorised officer a notice stating concerns 16 about the way in which authorised activities for the 17 authority are being carried out on the land; or 18 (c) a petroleum authority holder gives an authorised officer 19 a notice stating concerns about the activities of an owner 20 or occupier of land in the authority's area; or 21 (d) for another reason an authorised officer has concerns 22 about the relationship between a petroleum authority 23 holder and an owner or occupier of land in the 24 authority's area. 25 `734C Mediation may be called 26 `(1) If section 734B(a) applies, the authorised officer must, by 27 notice, ask the petroleum authority holder and the eligible 28 Page 382

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 474] claimant (the parties) to attend a mediation by the authorised 1 officer about negotiating a conduct and compensation 2 agreement. 3 `(2) If section 734B(b), (c) or (d) applies, the authorised officer 4 may, by notice, ask the petroleum authority holder and the 5 owner or occupier (also the parties) to attend a mediation by 6 the authorised officer about the concerns. 7 `(3) The notice must state what the subject of the mediation is and 8 when and where it will be held. 9 `734D Who may attend mediation 10 `(1) Apart from the authorised officer, anyone given notice of the 11 mediation may attend it. 12 `(2) A party may be represented by an agent only if the authorised 13 officer agrees. 14 `(3) However, a party can not be represented by a lawyer unless 15 the parties agree and the authorised officer is satisfied there is 16 no disadvantage to a party. 17 `734E What happens if a party does not attend 18 `(1) This section applies if a party given notice of the mediation 19 does not attend. 20 `(2) For the purpose of applying to the Land Court under section 21 537B, the mediation is taken to have been conducted. 22 `(3) A party who attended the mediation may apply to the Land 23 Court for an order requiring the party who did not attend to 24 pay the attending party's reasonable costs of attending. 25 `(4) The Land Court must not order the party who did not attend to 26 pay costs if it is satisfied the party had a reasonable excuse for 27 not attending. 28 `(5) If the Land Court makes the order, it must decide the amount 29 of the costs. 30 Page 383

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 475] `734F Conduct of mediation 1 `(1) In conducting the mediation, the authorised officer must 2 endeavour to help those attending to reach an early and 3 inexpensive settlement of the subject of the mediation. 4 `(2) Subject to section 537A, the authorised officer is to decide 5 how the mediation is to be conducted. 6 `734G Statements made at mediation 7 `Nothing said by a person at the mediation is admissible, 8 without the person's consent, in a proceeding. 9 `734H Mediated agreement 10 `(1) If, at the mediation, the parties negotiate an agreement about 11 the concerns the subject of the mediation, the agreement must 12 be written and signed by or for the parties. 13 `(2) The agreement-- 14 (a) may be a conduct and compensation agreement or an 15 amendment of an existing conduct and compensation 16 agreement between the parties; and 17 (b) has the same effect as any other compromise.'. 18 475 Amendment of s 780 (Power to give compliance 19 direction) 20 Section 780(1)(a) and (b)-- 21 omit, insert-- 22 `(a) has contravened, or is contravening, any of the 23 following (an enforced instrument)-- 24 (i) this Act; 25 (ii) the GHG storage Act; 26 (iii) a mandatory provision of the land access code; or 27 Page 384

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 476] (b) is involved in an activity that is likely to result in a 1 contravention of an enforced instrument.'. 2 476 Amendment of s 781 (Requirements for giving 3 compliance direction) 4 Section 781-- 5 insert-- 6 `(3) The direction may be given orally if-- 7 (a) for any reason it is not practicable to give the direction 8 in writing; and 9 (b) the inspector or authorised officer giving it warns the 10 person it is an offence not to comply with the direction. 11 `(4) If the direction is given orally, the inspector or authorised 12 officer must confirm the direction by also giving it in writing 13 as soon as practicable after giving it orally.'. 14 477 Insertion of new ch 15, pt 10, div 2 15 Chapter 15, part 10, as inserted under this Act-- 16 insert-- 17 `Division 2 Provisions about land access and 18 compensation 19 `948 Land access code prevails over conditions 20 `If a condition of a petroleum authority is inconsistent with a 21 mandatory provision of the land access code, the mandatory 22 provision prevails to the extent of the inconsistency. 23 Page 385

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 478] `949 Existing compensation agreements other than for 1 notifiable road uses 2 `(1) This section applies if immediately before the commencement 3 of this section a compensation agreement under chapter 5, 4 part 3 was in force. 5 `(2) On the commencement the agreement becomes a conduct and 6 compensation agreement under chapter 5, part 5, division 1. 7 `950 Existing entry notices 8 `(1) This section applies to an entry notice for the carrying out of 9 an authorised activity for a petroleum authority if the notice 10 complied with the entry notice requirements before the 11 commencement of this section. 12 `(2) The notice continues, according to its terms, to be valid for the 13 carrying out of the activity after the commencement even 14 though the notice does not comply with all of the entry notice 15 requirements from the commencement. 16 `(3) In this section-- 17 entry notice requirements means the requirements under this 18 Act relating to the giving of an entry notice. 19 `951 References to geothermal tenure 20 `Until the Geothermal Energy Act 2010, chapter 9, part 1 21 commences, a reference in this Act to a geothermal tenure is 22 taken to be a reference to a geothermal exploration permit.'. 23 478 Amendment of sch 2 (Dictionary) 24 (1) Schedule 2, definitions compensation agreement, 25 compensation application, compensation liability, eligible 26 claimant, entry notice, entry period, negotiation notice, 27 private land, public land and waiver of entry notice-- 28 omit. 29 Page 386

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 478] (2) Schedule 2-- 1 insert-- 2 `advanced activity, for a provision about a petroleum 3 authority, means an authorised activity for the authority other 4 than a preliminary activity for the authority. 5 Examples-- 6 · levelling of drilling pads and digging sumps 7 · earthworks associated with pipeline installation 8 · vegetation clear-felling 9 · constructing an exploration camp, concrete pad, sewage or water 10 treatment facility or fuel dump 11 · geophysical surveying with physical clearing 12 · carrying out a seismic survey using explosives 13 · constructing a track or access road 14 · changing a fence line 15 compensation application, for chapter 5, part 5, division 2, 16 means an application made under section 537H(1). 17 compensation liability-- 18 (a) for chapter 5, part 5, division 1--see section 532(2); or 19 (b) for chapter 5, part 5, division 2--see section 537F(2). 20 conduct and compensation agreement see section 533(1). 21 conduct and compensation agreement requirement see 22 section 500(2). 23 deferral agreement see section 500A(e)(i). 24 eligible claimant, for compensation, see section 532(1). 25 entry notice-- 26 (a) for chapter 5, part 2, division 1, subdivision 1--see 27 section 495(1); or 28 (b) for chapter 5, part 3--see section 526(2)(b). 29 land access code see section 24A. 30 Page 387

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 478] mandatory provision, of the land access code, means a 1 provision of that code that the code requires compliance with. 2 minimum negotiation period see section 536(2)(a). 3 negotiation notice-- 4 (a) for chapter 2, part 6, division 3, subdivision 4--see 5 section 221(2)(a); or 6 (b) for chapter 5, part 5, division 1, subdivision 4--see 7 section 535(1). 8 parties-- 9 (a) for chapter 5, part 5, division 1, subdivision 4--see 10 section 536(1); or 11 (b) for chapter 10, part 1AA--see section 734C. 12 preliminary activity-- 13 1 A preliminary activity, for a provision about a petroleum 14 authority, means an authorised activity for the permit or 15 licence that will have no impact, or only a minor impact, 16 on the business activities of any owner or occupier of the 17 land on which the activity is to be carried out. 18 Examples-- 19 · walking the area of the permit or licence 20 · driving along an existing road or track in the area 21 · taking soil or water samples 22 · drilling without constructing earthworks 23 · geophysical surveying without physical clearing 24 · aerial, electrical or environmental surveying 25 · seismic surveying without using explosives 26 · survey pegging 27 2 However, the following are not preliminary activities-- 28 (a) an authorised activity carried out on land that-- 29 (i) is less than 100ha; and 30 Page 388

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 478] (ii) is being used for intensive farming or 1 broadacre agriculture; 2 Examples-- 3 · land used for dryland or irrigated cropping, plantation 4 forestry or horticulture 5 · a dairy, cattle or sheep feedlot, piggery or poultry 6 farm 7 (b) an authorised activity carried out within 600m of a 8 school or an occupied residence; 9 (c) an authorised activity that affects the lawful 10 carrying out of an organic or bio-organic farming 11 system. 12 private land-- 13 1 Private land is-- 14 (a) freehold land; or 15 (b) an interest in land less than fee simple held from 16 the State under another Act. 17 2 However, land is not private land to the extent of an 18 interest in any of the following relating to the land-- 19 (a) a mining interest; 20 (b) a petroleum authority or 1923 Act petroleum 21 tenure; 22 (c) a GHG authority; 23 (d) a geothermal tenure; 24 (e) an occupation right under a permit under the Land 25 Act 1994. 26 3 Also, land owned by a public land authority is not 27 private land. 28 public land means land other than-- 29 (a) private land; or 30 Page 389

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 2 Amendments relating to land access and owners and occupiers [s 478] (b) to the extent an interest in any of the following relates to 1 the land-- 2 (i) a mining interest; 3 (ii) a petroleum authority or 1923 Act petroleum 4 tenure; 5 (iii) a GHG authority; 6 (iv) a geothermal tenure; 7 (v) an occupation right under a permit under the Land 8 Act 1994. 9 relevant owner or occupier, for a provision about entry 10 notices, means the owner or occupier to whom the entry 11 notice is to be given, or would be given, other than for an 12 exemption from the requirement to give an entry notice. 13 waiver of entry notice-- 14 (a) for chapter 5, part 2--means a waiver of entry notice 15 mentioned in section 497 that complies with section 16 498(1); or 17 (b) for chapter 5, part 3--see section 526(3).'. 18 (3) Schedule 2, definition occupier, paragraph 1(i)-- 19 omit, insert-- 20 `(i) the person has a right to occupy the place, other 21 than under a mining interest, petroleum authority, 22 1923 Act petroleum tenure, GHG authority or 23 geothermal tenure; or'. 24 Page 390

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 479] Part 3 Other amendments 1 Division 1 Amendment of Aboriginal Land Act 2 1991 3 479 Act amended 4 This division and schedule 2, part 4 amend the Aboriginal 5 Land Act 1991. 6 480 Replacement of s 42 (Reservations of minerals and 7 petroleum) 8 Section 42-- 9 omit, insert-- 10 `42 Resource reservations under resource Acts 11 `A deed of grant of transferred land must contain the 12 reservations to the State taken to be contained in the grant 13 under the following-- 14 · the Geothermal Energy Act 2010, section 29 15 · the Greenhouse Gas Storage Act 2009, section 28 16 · the Mineral Resources Act 1989, section 8 17 · the Petroleum Act 1923, section 10 18 · the Petroleum and Gas (Production and Safety) Act 19 2004, section 27.'. 20 481 Replacement of s 80 (Reservations of minerals and 21 petroleum) 22 Section 80-- 23 omit, insert-- 24 Page 391

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 482] `80 Resource reservations under other Acts 1 `A deed of grant of granted land and an Aboriginal lease must 2 contain the reservations to the State taken to be contained in 3 the grant under the following-- 4 · the Geothermal Energy Act 2010, section 29 5 · the Greenhouse Gas Storage Act 2009, section 28 6 · the Mineral Resources Act 1989, section 8 7 · the Petroleum Act 1923, section 10 8 · the Petroleum and Gas (Production and Safety) Act 9 2004, section 27.'. 10 Division 2 Amendment of Environmental 11 Protection Act 1994 12 482 Act amended 13 This division and schedule 2, part 4 amend the Environmental 14 Protection Act 1994. 15 483 Amendment of s 309A (What this chapter is about) 16 (1) Section 309A(1)(b)-- 17 renumber as section 309A(1)(c). 18 (2) Section 309A(1)-- 19 insert-- 20 `(b) geothermal activities, unless under the Geothermal Act 21 the activities are-- 22 (i) geothermal exploration for exempt heat pump 23 production or to evaluate the feasibility of exempt 24 heat pump production; or 25 (ii) exempt heat pump production; or 26 Page 392

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 484] (iii) other geothermal production that, under the 1 Geothermal Act, is not of a large-scale; and 2 Notes-- 3 1 The Geothermal Act does not regulate activities mentioned 4 in subparagraphs (i) and (ii). For the exclusions, see sections 5 16, 35, 77 and 321 of that Act. 6 2 However, other legislation may regulate those activities. See 7 the Sustainable Planning Act 2009 and the Plumbing and 8 Drainage Act 2002.'. 9 484 Amendment of s 309D (What is a relevant resource 10 authority) 11 (1) Section 309D(2), definition resource authority, paragraphs (b) 12 to (d)-- 13 renumber as paragraphs (c) to (e). 14 (2) Section 309D(2), definition resource authority-- 15 insert-- 16 `(b) a geothermal tenure under the Geothermal Act; or'. 17 485 Amendment of s 309I (Restriction) 18 Section 309I-- 19 insert-- 20 `Note-- 21 A person can not apply for an environmental authority (chapter 5A 22 activities) for the following activities because under section 309A(1)(b) 23 they are not a chapter 5A activity-- 24 (a) geothermal exploration for any of the following-- 25 (i) exempt heat pump production; 26 (ii) to evaluate the feasibility of exempt heat pump production; 27 (b) geothermal production that, under the Geothermal Act, section 16 28 is not of a large-scale.'. 29 Page 393

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 486] 486 Insertion of new ch 13, pt 16 1 Chapter 13-- 2 insert-- 3 `Part 16 Transitional provisions for 4 Geothermal Energy Act 2010 5 `664 Deferral of requirement for environmental authority 6 for existing authorised geothermal activities 7 `(1) This section applies if-- 8 (a) immediately before the commencement of this section, a 9 geothermal activity was authorised to be carried out 10 under the repealed Geothermal Exploration Act 2004; 11 and 12 (b) a person was carrying out the activity before the 13 commencement. 14 `(2) Section 426A does not apply to the person-- 15 (a) within 12 months after the commencement; and 16 (b) if, within the 12 months, the person applies for an 17 environmental authority (chapter 5A activities) for the 18 carrying out of the activity--until the application has 19 been decided. 20 `665 Deferral of requirement for environmental authority 21 for Birdsville geothermal lease 22 `(1) This section applies for the geothermal lease that, under the 23 Geothermal Act, section 382(1) Ergon Energy is taken to have 24 been granted on the date of assent of that Act. 25 `(2) Section 426A does not apply to Ergon Energy or another 26 person who, under the Geothermal Act, carries out an 27 authorised activity for the lease-- 28 Page 394

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 487] (a) within 12 months after the commencement of this 1 section; and 2 (b) if, within the 12 months, Ergon Energy applies for an 3 environmental authority (chapter 5A activities) for 4 authorised activities for the lease--until the application 5 has been decided. 6 `(3) In this section-- 7 Ergon Energy means Ergon Energy Corporation Limited 8 ACN 087 646 062 or anyone else who holds the lease 9 mentioned in subsection (1).'. 10 487 Amendment of sch 4 (Dictionary) 11 (1) Schedule 4-- 12 insert-- 13 `Geothermal Act means the Geothermal Energy Act 2010. 14 geothermal activities means-- 15 (a) activities that, under the Geothermal Act, are authorised 16 activities for a geothermal tenure; or 17 (b) rehabilitating or remediating environmental harm 18 because of activities mentioned in paragraph (a); or 19 (c) actions taken to prevent environmental harm because of 20 activities mentioned in paragraph (a) or (b); or 21 (d) activities required under a condition of an environmental 22 authority for activities mentioned in paragraph (a), (b) 23 or (c); or 24 (e) activities required under a condition of an environmental 25 authority for activities mentioned in paragraph (a), (b) 26 or (c) that has ended or ceased to have effect, if the 27 condition-- 28 (i) continues to apply after the authority has ended or 29 ceased to have effect; and 30 (ii) has not been complied with. 31 Page 395

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 488] Note-- 1 For conditions that continue to apply after the authority 2 has ended, see sections 309Z and 310O (Conditions that 3 may and must be imposed).'. 4 (2) Schedule 4, definition greenhouse gas storage activities, `an 5 activity'-- 6 omit, insert-- 7 `activities'. 8 (3) Schedule 4, definition greenhouse gas storage activities, 9 paragraph (c), `action'-- 10 omit, insert-- 11 `actions'. 12 Division 3 Amendment of Greenhouse Gas 13 Storage Act 2009 14 488 Act amended 15 This division, part 1, division 3, part 2, division 1 and 16 schedule 2, parts 1, 2 and 4 amend the Greenhouse Gas 17 Storage Act 2009. 18 489 Amendment of s 183 (What is an overlapping authority) 19 (1) Section 183, heading, `overlapping authority'-- 20 omit, insert-- 21 `overlapping resource authority'. 22 (2) Section 183(1)(b) and (c)-- 23 omit, insert-- 24 `(b) a geothermal lease; 25 Page 396

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 490] (c) a mining lease; 1 (d) a petroleum lease.'. 2 490 Amendment of s 187 (Other provisions about and effect 3 of GHG coordination arrangement) 4 Section 187(1)(c), after `coordination arrangement under the 5 P&G Act'-- 6 insert-- 7 `or a geothermal coordination arrangement under the 8 Geothermal Act'. 9 491 Amendment of s 197 (Content requirements for GHG 10 statement) 11 (1) Section 197(1)(b)-- 12 omit. 13 (2) Section 197(2), before paragraph (b)-- 14 omit. 15 492 Replacement of ch 4, pt 4 (Priority to particular mining or 16 petroleum lease applications) 17 Chapter 4, part 4-- 18 omit, insert-- 19 `Part 4 Priority to particular lease 20 applications 21 `214 Earlier geothermal, mining or petroleum lease 22 application 23 `If-- 24 (a) a GHG lease application is made; and 25 Page 397

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 492] (b) before the making of that application, an application 1 (the other application) was made for a geothermal 2 lease, mining lease or petroleum lease (the other 3 proposed lease); and 4 (c) the other application had not been decided before the 5 making of the GHG lease application; and 6 (d) the other proposed lease is an overlapping resource 7 authority for the proposed GHG lease; 8 the GHG lease application must not be decided until the other 9 lease application has been decided. 10 `215 Proposed geothermal, mining or petroleum lease 11 for which EIS approval given 12 `(1) This section applies for a GHG lease application if-- 13 (a) before the making of the application, an approval under 14 the Environmental Protection Act, chapter 3, part 2 was 15 granted for the voluntary preparation of an EIS; and 16 (b) the EIS is for a project that is or includes a proposed 17 geothermal lease, mining lease or petroleum lease (the 18 other proposed lease) for land the subject of the 19 application. 20 `(2) The application must not be decided until-- 21 (a) if no application is made for the other proposed lease 22 within 2 years after the granting of the approval--the 23 end of the 2 years; or 24 (b) if an application is made for the other proposed lease 25 within the 2 years--that application is decided. 26 `216 Proposed geothermal, mining or petroleum lease 27 declared a significant project 28 `(1) This section applies for a GHG lease application if-- 29 Page 398

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 493] (a) before the making of the application, a significant 1 project was declared; and 2 (b) the project is or includes a proposed geothermal lease, 3 mining lease or petroleum lease (the other proposed 4 lease) for land the subject of the application. 5 `(2) The application must not be decided until-- 6 (a) if no application is made for the other proposed lease 7 within 1 year after the making of the declaration--the 8 end of that year; or 9 (b) if an application is made for the other proposed lease 10 within that year--that application is decided.'. 11 493 Replacement of s 219 (Overlapping mining or petroleum 12 lease) 13 Section 219-- 14 omit, insert-- 15 `219 Overlapping geothermal, mining or petroleum 16 lease 17 `(1) This section applies if land is in the area of both of the 18 following-- 19 (a) a GHG permit or GHG data acquisition authority (the 20 GHG authority); 21 (b) a geothermal lease, mining lease or petroleum lease (a 22 relevant lease). 23 `(2) However, this section does not apply if the same person holds 24 the GHG authority and the relevant lease. 25 `(3) An authorised activity for the GHG authority may be carried 26 out on the land only if-- 27 (a) the relevant lease holder has not, in the way required 28 under subsection (4), objected to-- 29 (i) the carrying out of the activity; or 30 Page 399

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 494] (ii) if the P&G Act safety provisions require a safety 1 management plan for the GHG authority 2 holder--the safety management plan; or 3 (b) if an objection under paragraph (a) has been made--the 4 Minister has, under section 221, decided the authorised 5 activity may be carried out. 6 Note-- 7 For notice of authorised activities, see section 223. 8 `(4) The objection must be in the approved form and given to the 9 Minister and the GHG authority holder. 10 Note-- 11 See also the Mineral Resources Act, section 403 (Offences regarding 12 land subject to mining claim or mining lease).'. 13 494 Amendment of s 228 (Consistency with overlapping 14 authority's development plan and with any relevant 15 coordination arrangement) 16 (1) Section 228, heading, `overlapping authority's'-- 17 omit, insert-- 18 `overlapping resource authority's'. 19 (2) Section 228(1), after `consistent with any'-- 20 insert-- 21 `geothermal coordination arrangement or'. 22 495 Amendment of s 257 (Power to require information or 23 reports about authorised activities to be kept or given) 24 (1) Section 257(1)(b), after `notice'-- 25 insert-- 26 `in the approved form'. 27 (2) Section 257(3)-- 28 omit, insert-- 29 Page 400

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 496] `(3) A notice by the chief executive under subsection (1)(b) may 1 state-- 2 (a) a format required for giving the information; and 3 (b) a degree of precision required for the giving of the 4 information.'. 5 496 Amendment of s 263 (Former petroleum wells assumed 6 by GHG tenure holder) 7 Section 263, `under the P&G Act, section 292(3)(c),'-- 8 omit, insert-- 9 `, under the 1923 Act, section 75U or the P&G Act, section 10 292,'. 11 497 Amendment of s 265 (Application of div 2) 12 Section 265(b), `under the P&G Act, section 292(3)(c),'-- 13 omit, insert-- 14 `, under the 1923 Act, section 75U or the P&G Act, section 15 292,'. 16 498 Amendment of s 316 (Application of pt 9) 17 Section 316(1)(e)-- 18 omit, insert-- 19 `(e) a geothermal tenure.'. 20 499 Amendment of s 317 (Access to land in area of mining 21 lease or petroleum lease) 22 (1) Section 317, heading-- 23 omit, insert-- 24 `317 Access if second authority is a lease'. 25 (2) Section 317, `is a mining lease or a petroleum lease'-- 26 Page 401

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 500] omit, insert-- 1 `is a lease'. 2 500 Amendment of s 318 (Access to land in area of another 3 type of authority) 4 (1) Section 318, heading-- 5 omit, insert-- 6 `318 Access if second authority is not a lease'. 7 (2) Section 318(1), `is not a mining lease or a petroleum lease'-- 8 omit, insert-- 9 `is not a lease'. 10 501 Amendment of s 386 (Restriction on GHG storage 11 activities) 12 Section 386(2)(a) and (b)-- 13 omit, insert-- 14 `(a) was for the purpose of enhanced petroleum recovery and 15 was authorised under the 1923 Act or the P&G Act; and 16 (b) was for the purpose of production testing or geothermal 17 production under the Geothermal Act and was 18 authorised under that Act.'. 19 502 Amendment of s 413 (Additional information may be 20 required about application) 21 Section 413(3)-- 22 omit, insert-- 23 `(3) For subsection (1)(b), the notice may require the statutory 24 declaration-- 25 (a) to be made by an appropriately qualified independent 26 person or by the applicant; or 27 Page 402

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 503] (b) if the applicant is a corporation--to be made for the 1 applicant by an executive officer of the applicant.'. 2 503 Amendment of sch 2 (Dictionary) 3 (1) Schedule 2, definitions Geothermal Act and geothermal 4 exploration permit-- 5 omit. 6 (2) Schedule 2-- 7 insert-- 8 `1923 Act petroleum tenure see the 1923 Act, section 2. 9 Geothermal Act means the Geothermal Energy Act 2010. 10 geothermal lease see the Geothermal Act, section 19(1)(b). 11 geothermal permit see the Geothermal Act, section 19(1)(a). 12 geothermal tenure see the Geothermal Act, section 19(2). 13 resource Act see section 26A.'. 14 (3) Schedule 2, definition dangerous situation, `petroleum or fuel 15 gas or a GHG stream'-- 16 omit, insert-- 17 `geothermal activity under the Geothermal Act, a GHG stream 18 or petroleum or fuel gas'. 19 (4) Schedule 2, definition dangerous situation, after `inspector'-- 20 insert-- 21 `under the P&G Act'. 22 Division 4 Amendment of Land Title Act 1994 23 504 Act amended 24 This division amends the Land Title Act 1994. 25 Page 403

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 505] 505 Amendment of s 185 (Exceptions to s 184) 1 (1) Section 185(1)-- 2 insert-- 3 `(j) the interest of a geothermal tenure holder under the 4 Geothermal Energy Act 2010 under an access agreement 5 under that Act that-- 6 (i) was made before the registered proprietor became 7 the registered proprietor of the lot; and 8 (ii) under that Act, binds the registered proprietor.'. 9 (2) Section 185(1), note-- 10 omit, insert-- 11 `Note-- 12 For when an access agreement mentioned in paragraph (h), (i) or (j) 13 binds the registered proprietor, see the following-- 14 · for the Petroleum and Gas (Production and Safety) Act 15 2004--sections 507 and 509 of that Act 16 · for the Greenhouse Gas Storage Act 2009--sections 292 and 294 of 17 that Act 18 · for the Geothermal Energy Act 2010--sections 224 and 225 of that 19 Act.'. 20 Division 5 Amendment of Mineral Resources 21 Act 1989 22 506 Act amended 23 This division, part 1, division 4, part 2, division 2 and 24 schedule 2, part 2 amend the Mineral Resources Act 1989. 25 507 Replacement of s 3B (Relationship with Greenhouse Gas 26 Storage Act 2009) 27 Section 3B-- 28 Page 404

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 508] omit, insert-- 1 `3B Relationship with Geothermal Energy Act 2010 and 2 Greenhouse Gas Storage Act 2009 3 `The relationship between this Act, the Geothermal Energy 4 Act 2010 (the Geothermal Act), the Greenhouse Gas Storage 5 Act 2009 (the GHG storage Act) and authorities under them is 6 provided for under-- 7 (a) part 7AAC; and 8 (b) the Geothermal Act, chapter 5; and 9 (c) the GHG storage Act, chapter 4.'. 10 508 Amendment of s 51 (Land for which mining claim not to 11 be granted) 12 Section 51(1)(f)-- 13 omit. 14 509 Amendment of s 248 (Applicant must obtain consent or 15 views of existing authority holders) 16 (1) Section 248(1), from `land--'-- 17 omit, insert-- 18 `land in the area of an existing exploration permit, mineral 19 development licence or mining lease (the existing authority) 20 held by someone else.'. 21 (2) Section 248(3), from `application if--'-- 22 omit, insert-- 23 `application if the lease applied for is for different minerals to 24 those covered by the existing authority.'. 25 Page 405

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 510] 510 Amendment of s 249 (Later applicant must obtain 1 consent or views of earlier applicant if same land 2 affected) 3 (1) Section 249(1)(a), `geothermal exploration permit,'-- 4 omit. 5 (2) Section 249(3), from `application if--'-- 6 omit, insert-- 7 `application if the lease applied for in the later application is 8 over land covered by the earlier application and for different 9 minerals to those covered by the earlier application.'. 10 (3) Section 249(6), from `unless--'-- 11 omit, insert-- 12 `unless the earlier applicant's consent is lodged with the 13 mining registrar.'. 14 (4) Section 249(7)-- 15 omit. 16 511 Replacement of pt 7AAC (Provisions for GHG authorities) 17 Part 7AAC-- 18 omit, insert-- 19 `Part 7AAC Provisions for geothermal 20 tenures and GHG authorities 21 `Division 1 Preliminary 22 `318ELAM Relationship with pts 3 to 7AAB 23 `(1) Requirements and restrictions under this part apply as well as 24 any relevant requirements and restrictions under parts 3 to 25 7AAB. 26 Page 406

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 511] `(2) If this part imposes a requirement for or a restriction on the 1 granting of a mining lease, the mining lease can not be 2 granted if the restriction applies or if the requirement has not 3 been complied with. 4 `(3) If a provision of this part conflicts with a provision of any of 5 parts 3 to 7AAB the provision of this part prevails to the 6 extent of the inconsistency. 7 `(4) This part does not otherwise limit or affect the requirements 8 of parts 3 to 7AAB. 9 `(5) Subsection (6) applies if this part imposes a requirement for or 10 a restriction on the carrying out of an authorised activity for a 11 mining tenement. 12 `(6) Despite parts 3 and 7, the activity is not an authorised activity 13 for the mining tenement while the restriction applies or if the 14 requirement has not been complied with. 15 `318ELAN What is an overlapping authority (geothermal or 16 GHG) 17 `(1) An overlapping authority (geothermal or GHG), for a mining 18 tenement, is any geothermal tenure or GHG authority all or 19 part of the area of which is in the mining tenement's area. 20 `(2) An overlapping authority (geothermal or GHG), for a 21 proposed mining tenement, is any geothermal tenure or GHG 22 authority all or part of the area of which will, if the proposed 23 mining tenement is granted, be in the mining tenement's area. 24 `318ELAO General provision about mining tenements for land 25 subject to geothermal tenure or GHG authority 26 `Subject to the other provisions of this part and parts 3 to 27 7AAB, the Geothermal Act, GHG storage Act, a geothermal 28 tenure or a GHG authority does not limit or otherwise affect-- 29 (a) the power under this Act to grant a mining tenement 30 over land in the area of an overlapping authority 31 Page 407

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 511] (geothermal or GHG) for the proposed mining 1 tenement; or 2 (b) the carrying out of authorised activities for a mining 3 tenement. 4 `Division 2 Obtaining mining lease if 5 overlapping tenure 6 `Subdivision 1 Preliminary 7 `318ELAP Application of div 2 8 `This division applies if-- 9 (a) a person (the applicant) wishes to make a mining lease 10 application; and 11 (b) there is an overlapping authority (geothermal or GHG) 12 for the proposed mining lease; and 13 (c) the overlapping authority (geothermal or GHG) is a 14 geothermal tenure or GHG tenure (the overlapping 15 tenure). 16 `Subdivision 2 Requirements for application 17 `318ELAQ Requirements for making application 18 `(1) The mining lease application must include-- 19 (a) a statement complying with section 318ELAR (an 20 information statement); and 21 (b) other information addressing the matters mentioned in 22 subsection (2) (the assessment criteria). 23 Page 408

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 511] Note-- 1 Part 7AA, division 9 also imposes development plan requirements for a 2 proposed coal mining lease or oil shale mining lease. 3 `(2) The assessment criteria are-- 4 (a) the potential for the parties to make the following for the 5 proposed mining lease-- 6 (i) for a geothermal tenure--a geothermal 7 coordination arrangement; 8 (ii) for a GHG tenure--a GHG coordination 9 arrangement; and 10 (b) the economic and technical viability of the concurrent or 11 coordinated carrying out of authorised activities for the 12 proposed mining lease and the overlapping tenure; and 13 (c) the public interest. 14 `318ELAR Content requirements for information statement 15 `The information statement must assess-- 16 (a) the likely effect of proposed activities under the 17 proposed mining lease on the future carrying out of 18 authorised activities for the overlapping tenure; and 19 (b) the technical and commercial feasibility of coordinating 20 the proposed activities and the future carrying out of the 21 authorised activities. 22 `Subdivision 3 Consultation provisions 23 `318ELAS Applicant's information obligation 24 `(1) The applicant must within 10 business days after making the 25 mining lease application give the overlapping tenure holder a 26 copy of the application. 27 Page 409

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 511] `(2) If the Minister is reasonably satisfied the applicant has not 1 complied with subsection (1), the Minister may refuse the 2 mining lease application. 3 `318ELAT Submissions by overlapping tenure holder 4 `(1) The overlapping tenure holder may lodge submissions about 5 the mining lease application (holder submissions) at the 6 relevant departmental office. 7 `(2) However, holder submissions may be lodged only within 4 8 months after the holder is given a copy of the application. 9 `(3) Holder submissions may do all or any of the following-- 10 (a) state that the holder does not object to the granting of 11 the proposed mining lease; 12 (b) if the overlapping tenure is a geothermal permit or GHG 13 permit-- 14 (i) state that the holder does not wish any priority for 15 the carrying out of authorised activities for any 16 future lease that may arise from the permit 17 (overlapping authority priority); or 18 (ii) include a proposal by the overlapping tenure 19 holder for the authorised activities for which 20 overlapping authority priority is sought; 21 (c) include information about authorised activities carried 22 out under the overlapping tenure; 23 (d) include information relevant to the assessment criteria. 24 `(4) The holder must give the applicant a copy of the holder 25 submissions. 26 Page 410

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 511] `Subdivision 4 Resource management decision if 1 overlapping permit 2 `318ELAU Application of sdiv 4 3 `(1) This subdivision applies if-- 4 (a) the overlapping tenure is a geothermal permit or GHG 5 permit (the overlapping permit); and 6 (b) the overlapping permit holder has lodged holder 7 submissions within 4 months after the holder was given 8 a copy of the application; and 9 (c) the submissions state that the holder wishes overlapping 10 authority priority. 11 `(2) However, this subdivision does not apply if under the 12 Geothermal Act, chapter 5 or the GHG storage Act, chapter 4, 13 overlapping authority priority has been given for any of the 14 relevant land. 15 Note-- 16 If this subdivision does not apply, the mining lease application proceeds 17 immediately to a decision under part 7 as affected by subdivision 7. 18 `318ELAV Operation of sdiv 4 19 `This subdivision provides for the Minister to make a decision 20 (the resource management decision) about whether to-- 21 (a) recommend, under section 271, the grant of the mining 22 lease; or 23 (b) give any overlapping authority priority for all or part of 24 the relevant land; or 25 (c) not to recommend the granting of the mining lease and 26 not to give any overlapping authority priority for all or 27 part of the relevant land. 28 Page 411

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 511] `318ELAW Criteria for decision 1 `The Minister must consider the following in making the 2 resource management decision-- 3 (a) the information statement; 4 (b) the assessment criteria; 5 (c) the holder submissions; 6 (d) the public interest. 7 `318ELAX Restrictions on giving overlapping authority priority 8 `Overlapping authority priority may be given only if the 9 Minister considers-- 10 (a) either-- 11 (i) it is unlikely the applicant and the overlapping 12 permit holder will enter into-- 13 (A) for a geothermal permit--a geothermal 14 coordination arrangement; or 15 (B) for a GHG permit--a GHG coordination 16 arrangement; or 17 (ii) an arrangement mentioned in subparagraph (i) for 18 the proposed mining lease is not commercially or 19 technically feasible; and 20 (b) the public interest would be best served by not granting 21 a mining lease to the applicant first. 22 `Subdivision 5 Process if resource management 23 decision is to give overlapping 24 authority priority 25 `318ELAY Application of sdiv 5 26 `This subdivision applies only if under subdivision 4, a 27 Page 412

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 511] resource management decision is required and the decision is 1 to give overlapping authority priority for all or part of the 2 relevant land. 3 `318ELAZ Notice to applicant and overlapping permit holder 4 `(1) The chief executive must give the applicant and the 5 overlapping permit holder written notice of the resource 6 management decision. 7 `(2) The notice must invite the overlapping permit holder to, 8 within 6 months after the giving of the notice (the overlapping 9 authority application period), apply for a lease as follows (an 10 overlapping lease) for the land mentioned in subsection (3)-- 11 (a) if the overlapping permit is a geothermal permit--a 12 geothermal lease; 13 (b) if the overlapping permit is a GHG permit--a GHG 14 lease. 15 `(3) For subsection (2), the land is-- 16 (a) if the overlapping authority priority is for all of the 17 land--for all of the land; or 18 (b) if the priority is for part of the land--for that part. 19 `318ELBA Overlapping lease application for all of the land 20 `(1) This section applies if-- 21 (a) the overlapping authority priority is for all of the land; 22 and 23 (b) within the overlapping authority application period the 24 overlapping permit holder applies for an overlapping 25 lease for all of the land. 26 Page 413

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 511] `(2) A further step can not be taken to decide the mining lease 1 application until after the overlapping lease application has 2 been decided. 3 Note-- 4 The Geothermal Act, chapter 5, part 5 and the GHG storage Act, chapter 5 4, part 5 provide for refusal of the overlapping lease application if it is 6 not pursued in a timely manner. 7 `(3) If the decision on the overlapping lease application is to grant 8 an overlapping lease for all of the land, the mining lease 9 application is taken to have lapsed. 10 `318ELBB Overlapping lease application for part of the land 11 `(1) This section applies if the overlapping permit holder applies 12 for an overlapping lease for part of the land within the 13 overlapping authority application period. 14 `(2) The person who made the mining lease application may 15 amend it so that a mining lease is only sought for all or part of 16 the rest of the land. 17 `(3) Unless the amendment is made, a further step can not be taken 18 to decide the mining lease application until after the 19 overlapping lease application has been decided. 20 `(4) If-- 21 (a) the amendment has not been made; and 22 (b) the decision on the overlapping lease application is to 23 grant an overlapping lease for part of the land; 24 the person who made the mining lease application may amend 25 it so that a mining lease is only sought for all or part of the rest 26 of the land. 27 Note-- 28 If the mining lease application is not amended, see section 318ELBF 29 (Application may be refused if no reasonable prospects of future 30 geothermal or GHG coordination arrangement). 31 Page 414

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 511] `318ELBC No overlapping lease application 1 `If the overlapping permit holder does not apply for an 2 overlapping lease for any of the land within the overlapping 3 authority application period, the mining lease application may 4 be decided. 5 `Subdivision 6 Resource management decision not 6 to recommend grant and not to give 7 priority 8 `318ELBD Lapsing of application 9 `The mining lease application is taken to have lapsed if-- 10 (a) under subdivision 4, a resource management decision is 11 required; and 12 (b) the decision was not to recommend the granting of the 13 mining lease and not to give any overlapping authority 14 priority for any of the relevant land. 15 `Subdivision 7 Deciding application 16 `318ELBE Application of sdiv 7 17 `This subdivision applies only if-- 18 (a) the overlapping tenure holder has not lodged holder 19 submissions within 4 months after the holder was given 20 a copy of the application (the submission period) or at 21 all; or 22 (b) the overlapping tenure holder has lodged holder 23 submissions within the submission period stating that 24 the holder does not wish any overlapping authority 25 priority; or 26 Page 415

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 511] (c) under subdivision 4, a resource management decision is 1 required and-- 2 (i) the resource management decision is not to give 3 overlapping authority priority for any of the 4 relevant land; or 5 (ii) the resource management decision is to give 6 overlapping authority priority for all or part of the 7 relevant land and after subdivision 5 has been 8 complied with the Minister decides to recommend 9 the granting of a mining lease for the land. 10 `318ELBF Application may be refused if no reasonable 11 prospects of future geothermal or GHG 12 coordination arrangement 13 `(1) This section applies if-- 14 (a) the Minister is satisfied the applicant and the 15 overlapping tenure holder have made reasonable 16 attempts to reach the following (a relevant 17 arrangement)-- 18 (i) if the overlapping tenure is a geothermal permit--a 19 proposed geothermal coordination arrangement; 20 (ii) if the overlapping tenure is a GHG permit--a 21 proposed GHG coordination arrangement; and 22 (b) either-- 23 (i) the overlapping tenure holder has lodged a written 24 notice at the relevant departmental office stating 25 there are no reasonable prospects of a relevant 26 arrangement being made; or 27 (ii) a relevant arrangement has not been lodged for 28 approval by the Minister and the Minister 29 considers the applicant and the overlapping tenure 30 holder have had a reasonable opportunity to make 31 a relevant arrangement. 32 Page 416

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 511] `(2) The Minister may decide to refuse the application without 1 making any recommendation to the Governor in Council 2 about the application. 3 `318ELBG Additional criteria for deciding provisions of mining 4 lease 5 `(1) In making a recommendation as follows, regard must be had 6 to the prescribed criteria-- 7 (a) recommending conditions of the mining lease, to be 8 determined under section 276(1)(n); 9 (b) recommending, under section 284, the term of the 10 mining lease. 11 `(2) In this section-- 12 prescribed criteria means all of the following-- 13 (a) the information statement; 14 (b) the assessment criteria; 15 (c) any holder submissions; 16 (d) the effect of the mining lease on the safe and efficient 17 carrying out of authorised activities for the overlapping 18 tenure; 19 (e) for an overlapping permit--the effect of the mining 20 lease on the safe and efficient carrying out of authorised 21 activities for any future lease that may arise from the 22 permit. 23 `318ELBH Publication of outcome of application 24 `(1) After the Governor in Council decides whether or not to grant 25 the mining lease, the chief executive must publish a notice 26 about the outcome of the mining lease application in or on at 27 least 1 of the following-- 28 (a) the gazette; 29 Page 417

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 511] (b) the department's website; 1 (c) another publication the chief executive considers 2 appropriate. 3 `(2) The notice must state-- 4 (a) the decision; and 5 (b) if the decision was to grant the mining lease--all 6 conditions decided by the Governor in Council; and 7 (c) if, under subdivision 4, a resource management decision 8 is required and the decision is to give overlapping 9 authority priority for all or part of the land--the 10 decision and the reasons for it. 11 `(3) However, if the chief executive considers information in a 12 condition is commercial-in-confidence, the chief executive 13 may instead of publishing the condition publish a statement 14 about its intent. 15 `Division 3 Priority to particular geothermal or 16 GHG lease applications 17 `318ELBI Earlier geothermal or GHG lease application 18 `If-- 19 (a) a mining lease application is made; and 20 (b) before the making of that application, an application 21 (the other application) was made for a geothermal lease 22 or GHG lease (the other proposed lease) but not 23 decided; and 24 (c) the other application had not been decided before the 25 making of the mining lease application; and 26 (d) the other proposed lease would, if it were granted, be an 27 overlapping authority (geothermal or GHG) for the 28 proposed mining lease; 29 Page 418

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 511] the mining lease application must not be decided until the 1 other application has been decided. 2 `318ELBJ Proposed geothermal or GHG lease for which EIS 3 approval given 4 `(1) This section applies for a mining lease application if-- 5 (a) before the making of the application, an approval under 6 the Environmental Protection Act, chapter 3, part 2 was 7 granted for the voluntary preparation of an EIS; and 8 (b) the EIS is for a project that is, or includes, a proposed 9 geothermal lease or GHG lease (the proposed lease) for 10 land the subject of the application. 11 `(2) The application must not be decided until-- 12 (a) if no application is made for the proposed lease within 1 13 year after the granting of the approval--the end of that 14 year; or 15 (b) if an application is made for the proposed lease within 16 that year--that application is decided. 17 `318ELBK Proposed GHG lease declared a significant 18 project 19 `(1) This section applies for a mining lease application if-- 20 (a) before the making of the mining lease application a 21 significant project was declared; and 22 (b) the project is, or includes, a proposed geothermal lease 23 or GHG lease (the proposed lease) for land the subject 24 of the application. 25 `(2) The application must not be decided until-- 26 (a) if no application is made for the proposed lease within 1 27 year after the making of the declaration--the end of that 28 year; or 29 Page 419

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 511] (b) if an application is made for the proposed lease within 1 that year--that application is decided. 2 `Division 4 Mining lease applications in 3 response to invitation under 4 Geothermal Act or GHG storage Act 5 `318ELBL Application of div 4 6 `This division applies if-- 7 (a) a mining lease application is made in response to an 8 invitation given because of a resource management 9 decision under the Geothermal Act or the GHG storage 10 Act; and 11 (b) the application is made within 6 months after the giving 12 of the invitation. 13 `318ELBM Minister may refuse application 14 `The Minister may, without making any recommendation to 15 the Governor in Council about the application, decide to 16 refuse the application if satisfied the applicant has not in a 17 timely manner-- 18 (a) taken any step for the application required of the 19 applicant under part 7, part 7AA or this part; or 20 (b) satisfied the Minister about a matter that, under part 7, 21 part 7AA or this part, is required for the Minister to 22 recommend the granting of the mining lease. 23 Page 420

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 511] `Division 5 Additional provisions for particular 1 mining tenements 2 `Subdivision 1 Restrictions on authorised activities 3 for particular mining tenements 4 `318ELBN Prospecting permit overlapping with geothermal or 5 GHG lease 6 `(1) This section applies if-- 7 (a) land in the area of a prospecting permit is in the area of a 8 geothermal lease or GHG lease; and 9 (b) the prospecting permit and the geothermal lease or GHG 10 lease are not held by the same person. 11 `(2) An authorised activity for the prospecting permit may be 12 carried out on the land only if-- 13 (a) the geothermal lease or GHG lease holder has not, in the 14 way required under subsection (3), objected to the 15 carrying out of the activity; or 16 (b) if an objection under paragraph (a) has been made--the 17 Minister has, under section 318ELBP, decided the 18 authorised activity may be carried out. 19 Note-- 20 For notice of authorised activities, see section 318ELBS. 21 `(3) The objection must be written and given to the prospecting 22 permit holder and lodged at the relevant departmental office. 23 `318ELBO Other overlapping authorities 24 `(1) This section applies if land is in the area of a mining tenement 25 and a geothermal tenure or GHG authority and section 26 318ELBN does not apply. 27 Page 421

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 511] `(2) An authorised activity for the mining tenement can not be 1 carried out on the land if-- 2 (a) carrying out the activity adversely affects the carrying 3 out of an authorised activity for the geothermal tenure or 4 GHG authority; and 5 (b) the authorised activity for the geothermal tenure or 6 GHG authority has already started. 7 `318ELBP Resolving disputes 8 `(1) This section applies if, under section 318ELBN, a geothermal 9 lease or GHG lease holder has objected to the carrying out of 10 an authorised activity by a prospecting permit holder. 11 `(2) This section also applies if-- 12 (a) section 318ELBO applies to a mining tenement holder 13 and a geothermal tenure or GHG authority holder; and 14 (b) there is a dispute between the holders about whether an 15 authorised activity for the mining tenement can be 16 carried out under that section. 17 `(3) Either of the parties may, by a notice in the approved form, 18 ask the Minister to decide-- 19 (a) for section 318ELBN--whether the authorised activity 20 may be carried out under that section; or 21 (b) for section 318ELBO--whether the authorised activity 22 may be carried out under that section. 23 `(4) Before making the decision, the Minister must give the parties 24 a reasonable opportunity to make submissions about the 25 request within a reasonable period. 26 `(5) The Minister must, after complying with subsection (4) and 27 considering any submission made under that subsection, 28 decide the matter and give the parties notice of the decision. 29 `(6) The Minister's decision binds the parties. 30 Page 422

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 511] `(7) If the request is about a matter mentioned in subsection (1), 1 the Minister may impose conditions on any decision that the 2 authorised activity may be carried out. 3 `(8) In this section-- 4 parties means-- 5 (a) for a request about a matter mentioned in subsection 6 (1)--the authority to prospect holder and the geothermal 7 lease or GHG lease holder; or 8 (b) for a request about a matter mentioned in subsection 9 (2)--the mining tenement holder and the geothermal 10 tenure or GHG authority holder. 11 `Subdivision 2 Provisions about conditions 12 `318ELBQ Notice by particular mining tenement holders to 13 particular geothermal tenure or GHG authority holders or 14 applicants 15 `(1) This section applies if-- 16 (a) a mining tenement as follows is granted-- 17 (i) a mining claim; 18 (ii) a mineral development licence; 19 (iii) an exploration permit; and 20 (b) land in the mining tenement's area is in the area of, or in 21 a proposed area under an application for, a geothermal 22 tenure or GHG authority other than a geothermal lease 23 or GHG lease. 24 `(2) It is a condition of the mining tenement that its holder must 25 within 20 business days after the holder receives notice of the 26 grant of the tenement give the geothermal tenure or GHG 27 authority holder or the applicant a written notice stating-- 28 (a) the mining tenement has been granted; and 29 Page 423

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 511] (b) the mining tenement holder's name; and 1 (c) the term of the mining tenement. 2 `318ELBR Restriction on recommendation to vary conditions 3 of particular mining leases 4 `If there is an overlapping authority (geothermal or GHG) for 5 a mining lease, a recommendation under section 294 for the 6 variation of a condition of the mining lease must not be made 7 unless the interests of the authority holder have been 8 considered. 9 `318ELBS Condition to notify particular authority holders of 10 proposed start of designated activities 11 `(1) This section applies to a mining tenement holder if there is 12 either of the following (the other authority) for the mining 13 tenement-- 14 (a) an overlapping authority (geothermal or GHG); 15 (b) a geothermal tenure or GHG authority sharing a 16 common boundary with the mining tenement. 17 `(2) Before the mining tenement holder first starts a designated 18 activity in the other authority's area, the mining tenement 19 holder must give the other authority holder at least 30 business 20 days notice of the activity. 21 `(3) A notice under subsection (2) must be written and state-- 22 (a) when the designated activity is to start; and 23 (b) where the designated activity is to be carried out; and 24 (c) the nature of the activity. 25 `(4) Before changing the land on which the designated activity is 26 being carried out, the mining tenement tenure holder must 27 give the other authority holder at least 30 business days notice 28 in writing stating where the activity is to be carried out. 29 Page 424

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 512] `(5) Compliance with this section is a condition of the mining 1 tenement. 2 `(6) In this section-- 3 designated activity means any authorised activity for the 4 mining tenement, other than-- 5 (a) an authorised activity for the mining tenement that is the 6 same as or similar to an incidental activity under the 7 Petroleum and Gas (Production and Safety) Act, section 8 33 or 112; or 9 (b) an activity only involving selecting places where other 10 authorised activities for the mining tenement may be 11 carried out. 12 `318ELBT Requirement to continue geothermal or GHG 13 coordination arrangement after renewal of or 14 dealing with mining lease 15 `(1) This section applies if-- 16 (a) a mining lease has an overlapping authority (geothermal 17 or GHG) that is a geothermal lease or GHG lease (the 18 other lease); and 19 (b) a geothermal coordination arrangement or GHG 20 coordination arrangement applies to the mining lease; 21 and 22 (c) a renewal, assignment, consolidation or subletting takes 23 place for the mining lease. 24 `(2) It is a condition of the mining lease that its holder must 25 continue to be a party to a GHG coordination arrangement for 26 the mining lease while the other lease continues in force.'. 27 512 Amendment of s 403 (Offences regarding land subject to 28 mining claim or mining lease) 29 Section 403(1)(d), `Geothermal Exploration Act 2004'-- 30 Page 425

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 513] omit, insert-- 1 `Geothermal Act'. 2 513 Insertion of new pt 19, div 13, sdiv 3 3 Part 19, division 13, as inserted under this Act-- 4 insert-- 5 `Subdivision 3 Provisions for enactment of 6 Geothermal Energy Act 2010 7 `780 Definitions for sdiv 3 8 `In this subdivision-- 9 converted geothermal permit means a geothermal exploration 10 permit under the repealed Geothermal Exploration Act 2004 11 that, under the Geothermal Act, chapter 9, part 2 becomes a 12 geothermal permit. 13 start day means the day section 318ELAM commences. 14 `781 Existing mining tenement applications 15 `(1) This section applies to a mining tenement application if-- 16 (a) it was made before the start day; and 17 (b) there is an overlapping geothermal tenure for the 18 proposed mining tenement. 19 `(2) The repealed coordination provisions cease to apply to the 20 mining tenement application. 21 `(3) Part 7AAC applies to the mining tenement application. 22 `(4) If the mining tenement application is for a mining lease, 23 subsections (5) to (9) apply for the application of part 7AAC 24 under subsection (3). 25 Page 426

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 513] `(5) The mining lease application is taken to have been validly 1 made even though it was made without complying with the 2 requirements under section 318ELAQ. 3 `(6) However, the applicant must, as soon as practicable after the 4 start day, lodge with the mining registrar documents for the 5 mining lease application that comply with the requirements. 6 `(7) A reference to a mining lease application is taken to be a 7 reference to the mining lease application and the documents. 8 `(8) A reference to the making of a mining lease application is 9 taken to be a reference to the lodgement of the documents. 10 `(9) In this section-- 11 converted geothermal permit application means a tender 12 under the repealed Geothermal Exploration Act 2004 for a 13 proposed geothermal exploration permit that, under the 14 Geothermal Act, chapter 9, part 2 becomes an application for 15 a geothermal permit. 16 overlapping geothermal tenure means a geothermal tenure 17 that is an overlapping authority (geothermal or GHG) for the 18 proposed mining tenement, as defined under section 19 318ELAN. 20 repealed coordination provisions means the following 21 provisions as in force before the start day-- 22 (a) sections 51 and 248 to the extent they applied for a 23 converted geothermal permit; 24 (b) section 249 to the extent it applied for a converted 25 geothermal permit application. 26 `782 Existing mining claims consented to by 27 geothermal permit holder 28 `(1) This section applies to a mining claim granted before the start 29 day for land in the area of a converted geothermal permit. 30 Page 427

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 514] `(2) Part 7AAC, division 5, subdivision 1 does not apply if the 1 permit holder's written consent to the grant was given under 2 section 51(1)(f) as in force before the start day. 3 Editor's note-- 4 Part 7AAC, division 5, subdivision 1 (Restrictions on authorised 5 activities for particular mining tenements).'. 6 514 Amendment of sch 2 (Dictionary) 7 (1) Schedule, definitions applicant, second mention, geothermal 8 exploration permit, GHG assessment criteria, GHG public 9 interest, GHG statement, holder submissions, overlapping 10 authority priority, overlapping GHG authority and 11 overlapping GHG lease application period-- 12 omit. 13 (2) Schedule 2-- 14 insert-- 15 `applicant, for part 7AAC, see section 318ELAP(a). 16 assessment criteria, for part 7AAC, see section 17 318ELAQ(1)(b). 18 Geothermal Act see section 3B. 19 geothermal coordination arrangement see the Geothermal 20 Act, section 137(4). 21 geothermal lease see the Geothermal Act, section 19(1)(b). 22 geothermal permit see the Geothermal Act, section 19(1)(a). 23 geothermal tenure see the Geothermal Act, section 19(2). 24 holder submissions see section 318ELAT(1). 25 information statement, for part 7AAC, see section 26 318ELAQ(1)(a). 27 overlapping authority application period, for part 7AAC, see 28 section 318ELAZ(2). 29 Page 428

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 515] overlapping authority (geothermal or GHG) see section 1 318ELAN. 2 overlapping authority priority see section 318ELAT(3)(b)(i). 3 overlapping lease, for part 7AAC, see section 318ELAZ(2). 4 overlapping permit, for part 7AAC, see section 5 318ELAU(1)(a).'. 6 (3) Schedule, definition authorised activity-- 7 insert-- 8 `4 An authorised activity, for a geothermal tenure, is an 9 activity that its holder is, under the Geothermal Act or 10 the tenure, entitled to carry out in relation to the tenure.'. 11 Division 6 Amendment of Pest Management 12 Act 2001 13 515 Act amended 14 This division amends the Pest Management Act 2001. 15 516 Amendment of s 7 (Non-application of Act) 16 Section 7(f)-- 17 omit, insert-- 18 `(f) a pest control activity that-- 19 (i) relates to using a chemical to treat timber for 20 preservation on a commercial basis; and 21 (ii) is an environmentally relevant activity under the 22 Environmental Protection Act 1994; 23 Note-- 24 See also section 145 (Non-application of Act to use of timber 25 preservative treatment under authorisation).'. 26 Page 429

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 517] 517 Amendment of pt 7 hdg (Savings and transitional 1 provisions) 2 Part 7, heading, after `provisions'-- 3 insert-- 4 `for Act No. 103 of 2001'. 5 518 Insertion of new pt 8 6 After section 144-- 7 insert-- 8 `Part 8 Transitional provision for 9 repeal of Act No. 30 of 1987 10 `145 Non-application of Act to use of timber preservative 11 treatment under authorisation 12 `(1) This Act does not apply to the use by a person of a 13 preservative treatment if-- 14 (a) an existing approval for the treatment is in force; and 15 (b) the person uses the treatment under an existing 16 authorisation that is in force. 17 Note-- 18 Particular existing approvals and authorisations continue in force for a 19 limited period under the Land Protection (Pest and Stock Route) 20 Management Act 2002, chapter 11, part 3 (Savings and transitional 21 provisions for repeal of Act No. 30 of 1987). 22 `(2) In this section-- 23 existing approval means an approval of a preservative 24 treatment for timber under section 15 of the repealed Act, 25 whether the approval was made on the TUMA chief 26 executive's own volition or because of an application under 27 section 16 of that Act. 28 Page 430

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 519] existing authorisation means an authorisation under section 1 22(1)(a)(i) of the repealed Act to use a preservative treatment 2 for which there is an existing approval. 3 preservative treatment means treatment by a chemical 4 substance to-- 5 (a) protect timber from attack by wood-destroying animals, 6 bacteria or fungi; or 7 (b) increase timber's-- 8 (i) resistance to fire, moisture change, decomposition 9 or degradation; or 10 (ii) dimensional stability. 11 repealed Act means the repealed Timber Utilisation and 12 Marketing Act 1987. 13 Note-- 14 The repealed Act was repealed under the Geothermal Energy Act 2010, 15 section 380. 16 timber means the wood of any tree, shrub, palm, grass or vine, 17 including, for example, hardboard, chipboard, particle board, 18 fibre board, insulation board and similar materials and 19 plywood. 20 TUMA chief executive means the chief executive of the 21 department in which the repealed Act was administered.'. 22 Division 7 Amendment of Petroleum Act 1923 23 519 Act amended 24 This division, part 1, division 5, part 2, division 3 and 25 schedule 2, parts 2 and 4 amend the Petroleum Act 1923. 26 Page 431

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 520] 520 Amendment of s 2 (Definitions) 1 (1) Section 2, definition first tenure, overlapping GHG authority, 2 second tenure-- 3 omit. 4 (2) Section 2-- 5 insert-- 6 `first authority, for part 6J, see section 79M(1). 7 Geothermal Act see section 4A. 8 geothermal activity see the Geothermal Act, section 18. 9 geothermal coordination arrangement see the Geothermal 10 Act, section 137(4). 11 geothermal lease see the Geothermal Act, section 19(1)(b). 12 geothermal permit see the Geothermal Act, section 19(1)(a). 13 geothermal tenure see the Geothermal Act, section 19(2). 14 overlapping authority (geothermal or GHG), for part 6FA, 15 see section 78CB. 16 overlapping tenure, for part 6FA, see section 78CH(b). 17 second authority, for part 6J, see section 79M(1).'. 18 (3) Section 2, definition authorised activity-- 19 insert-- 20 `4 An authorised activity, for a geothermal tenure, is an 21 activity that its holder is, under the Geothermal Act or 22 the tenure, entitited to carry out or exercise in relation to 23 the tenure.'. 24 521 Replacement of s 4A (Relationship with Greenhouse Gas 25 Storage Act 2009) 26 Section 4A-- 27 omit, insert-- 28 Page 432

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 522] `4A Relationship with Geothermal Act and Greenhouse 1 Gas Storage Act 2009 2 `The relationship between this Act, the Geothermal Energy 3 Act 2010 (the Geothermal Act) and the Greenhouse Gas 4 Storage Act 2009 (the GHG storage Act) and authorities 5 under them is provided for under-- 6 (a) section 40(1A) and part 6FA; and 7 (b) the Geothermal Act, chapter 5; and 8 (c) the GHG storage Act, chapter 4.'. 9 522 Omission of s 24A (Prohibition on carrying out activities 10 prohibited under Geothermal Exploration Act 2003) 11 Section 24A-- 12 omit. 13 523 Amendment of s 40 (Lease to holder of authority to 14 prospect) 15 Section 40(1A), `or a GHG storage activity'-- 16 omit, insert-- 17 `, a GHG authority or a geothermal tenure'. 18 524 Replacement of s 75R (Transfer of well to holder of 19 geothermal exploration permit or mining tenement) 20 Section 75R-- 21 omit, insert-- 22 `75R Transfer of well to holder of geothermal tenure or 23 mining tenement 24 `A 1923 Act petroleum tenure holder may transfer a well in 25 the 1923 Act petroleum tenure's area to the holder of a 26 geothermal tenure or mining tenement if-- 27 Page 433

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 525] (a) the well is in the geothermal tenure's or mining 1 tenement's area; and 2 (b) a notice in the approved form and the transfer fee 3 prescribed under a regulation have been lodged at-- 4 (i) the office of the department for lodging the notice, 5 as stated in a gazette notice by the chief executive; 6 or 7 (ii) if no office is gazetted under subparagraph (i)--the 8 office of the chief executive; and 9 (c) the Minister approves the transfer.'. 10 525 Replacement of pt 6FA (Provisions for GHG authorities) 11 Part 6FA-- 12 omit, insert-- 13 `Part 6FA Provisions for geothermal 14 tenures and GHG authorities 15 `Division 1 Preliminary 16 `78CA Relationship with other provisions 17 `(1) Requirements and restrictions under this part apply as well as 18 any relevant requirements and restrictions under another 19 provision of this Act. 20 `(2) This part does not otherwise limit or affect relevant 21 requirements or restrictions under another provision of this 22 Act. 23 Page 434

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 525] `78CB What is an overlapping authority (geothermal or 1 GHG) 2 `An overlapping authority (geothermal or GHG), for a 1923 3 Act petroleum tenure, is any geothermal tenure or GHG 4 authority all or part of the area of which is in the 1923 Act 5 petroleum tenure's area. 6 `78CC General provision about 1923 Act petroleum 7 tenures for land subject to geothermal tenure or 8 GHG authority 9 `Subject to the other provisions of this part, the Geothermal 10 Act, GHG storage Act, a geothermal tenure or a GHG 11 authority does not limit or otherwise affect the carrying out of 12 authorised activities for a 1923 Act petroleum tenure. 13 `Division 2 Restrictions on authorised activities 14 for authorities to prospect 15 `78CD Overlapping geothermal or GHG lease 16 `(1) This section applies if-- 17 (a) land in the area of an authority to prospect is in the area 18 of a geothermal lease or GHG lease; and 19 (b) the authority to prospect and the GHG lease are not held 20 by the same person. 21 `(2) An authorised activity for the authority to prospect may be 22 carried out on the land only if-- 23 (a) the geothermal lease or GHG lease holder has not in the 24 way required under subsection (3), objected to the 25 carrying out of the activity; or 26 (b) if an objection under paragraph (a) has been made--the 27 Minister has, under section 78CF, decided the 28 authorised activity may be carried out. 29 Page 435

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 525] Note-- 1 For notice of authorised activities, see section 78CM. 2 `(3) The objection must be written, given to the authority to 3 prospect holder and lodged at the relevant departmental office. 4 `78CE Overlaps with geothermal permit or particular GHG 5 authorities 6 `(1) This section applies if land is in the area of an authority to 7 prospect and any of the following (the other authority)-- 8 (a) a geothermal permit; 9 (b) a GHG authority other than a GHG lease. 10 `(2) An authorised activity for the authority to prospect can not be 11 carried out on the land if-- 12 (a) carrying out the activity adversely affects the carrying 13 out of an authorised activity for the other authority; and 14 (b) the authorised activity for the other authority has already 15 started. 16 `78CF Resolving disputes about the restrictions 17 `(1) This section applies if, under section 78CD, a geothermal 18 lease or GHG lease holder has objected to the carrying out of 19 an authorised activity by an authority to prospect holder. 20 `(2) This section also applies if there is a dispute between an 21 authority to prospect holder and a geothermal permit or GHG 22 authority holder about whether an authorised activity for the 23 authority to prospect can be carried out under section 78CE. 24 `(3) Either of the parties may by a notice in the approved form ask 25 the Minister to decide-- 26 (a) for section 78CD--whether the authorised activity may 27 be carried out under that section; or 28 (b) for section 78CE--whether the authorised activity may 29 be carried out under that section. 30 Page 436

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 525] `(4) Before making the decision, the Minister must give the parties 1 a reasonable opportunity to make submissions about the 2 request within a reasonable period. 3 `(5) The Minister must after complying with subsection (4) and 4 considering any submission made under that subsection, 5 decide the matter and give the parties notice of the decision. 6 `(6) The Minister's decision binds the parties. 7 `(7) If the request is about a matter mentioned in subsection (1), 8 the Minister may impose conditions on any decision that the 9 authorised activity may be carried out. 10 `(8) In this section-- 11 parties means-- 12 (a) for a request about a matter mentioned in subsection 13 (1)--the authority to prospect holder and the geothermal 14 lease or GHG lease holder; or 15 (b) for a request about a matter mentioned in subsection 16 (2)--the authority to prospect holder and the geothermal 17 permit or GHG authority holder. 18 `Division 3 Leases with overlapping 19 geothermal tenure or GHG authority 20 `Subdivision 1 Continuance of coordination 21 arrangements after renewal or 22 dealing 23 `78CG Requirement to continue geothermal or GHG 24 coordination arrangement 25 `(1) This section applies if-- 26 (a) a lease under this Act has an overlapping authority 27 (geothermal or GHG) that is a geothermal lease or GHG 28 lease (the other lease); and 29 Page 437

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 525] (b) a geothermal coordination arrangement or GHG 1 coordination arrangement applies to the lease under this 2 Act; and 3 (c) any of the following take place for the lease under this 4 Act-- 5 (i) a renewal; 6 (ii) a transfer; 7 (iii) a subletting of the lease or a share in the lease. 8 `(2) It is a condition of the lease under this Act that its holder must 9 continue to be a party to the following for the lease while the 10 other lease continues in force-- 11 (a) if the other lease is a geothermal lease--a geothermal 12 coordination arrangement; 13 (b) if the other lease is a GHG lease--a GHG coordination 14 arrangement. 15 `Subdivision 2 Later development plans 16 `78CH Operation of sdiv 2 17 `This subdivision imposes additional requirements for a 18 proposed later development plan for a lease if-- 19 (a) there is an overlapping authority (geothermal or GHG) 20 for the lease; and 21 (b) the overlapping authority (geothermal or GHG) is a 22 geothermal tenure or a GHG tenure (the overlapping 23 tenure). 24 `78CI Statement about interests of overlapping tenure 25 holder 26 `The proposed plan must include a statement of how the 27 effects on and the interests of the overlapping tenure holder 28 Page 438

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 525] have or have not been considered having regard to the 1 following-- 2 (a) the provisions of the 2004 Act, chapter 9; 3 (b) the attempts made by the applicant to consult with the 4 overlapping tenure holder about the applicant's 5 proposed development plan and proposed safety 6 management plan for the lease; 7 (c) any changes to the proposed plans to give effect to any 8 reasonable proposal by the overlapping tenure holder; 9 (d) the economic and technical viability of the concurrent or 10 coordinated carrying out of authorised activities for the 11 proposed lease and the overlapping tenure; 12 (e) the public interest. 13 `78CJ Consistency with overlapping tenure's 14 development plan and with any relevant 15 coordination arrangement 16 `(1) To the extent the area of the lease and the overlapping tenure 17 will coincide, the proposed plan must be consistent with any 18 geothermal coordination arrangement or GHG coordination 19 arrangement for that area. 20 `(2) Subsection (3) applies only if the overlapping tenure is a 21 geothermal lease or GHG lease. 22 `(3) The proposed plan must to the extent the area of the lease and 23 the overlapping tenure coincide or will coincide, be consistent 24 with the overlapping tenure's development plan. 25 Page 439

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 525] `Division 4 Provisions for all 1923 Act 1 petroleum tenures 2 `Subdivision 1 Safety management plans 3 `78CK Requirements for consultation with particular 4 overlapping tenure holders 5 `(1) This section applies if-- 6 (a) a person (an operator) proposes to be an operator of 7 operating plant in the area of a 1923 Act petroleum 8 tenure; and 9 (b) activities (relevant activities) carried out, or proposed to 10 be carried out, at the plant may adversely affect the safe 11 and efficient carrying out of authorised activities for an 12 overlapping authority (geothermal or GHG) for the 1923 13 Act petroleum tenure; and 14 (c) the overlapping authority (geothermal or GHG) is an 15 overlapping tenure. 16 `(2) Before any operator may operate relevant operating plant, 17 each operator must have made reasonable attempts to consult 18 with the overlapping tenure holder about relevant activities for 19 the plant. 20 `(3) If there is more than 1 operator, the 1923 Act petroleum 21 tenure holder may coordinate the consultation between the 22 operators and the overlapping tenure holder. 23 `(4) For subsection (2), an operator is taken to have made 24 reasonable attempts to consult if-- 25 (a) the operator gives the overlapping tenure holder a copy 26 of the parts of the operator's proposed safety 27 management plan concerning any relevant operating 28 plant the operator proposes to operate for the relevant 29 activities; and 30 Page 440

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 525] (b) the overlapping tenure holder has not within 30 days 1 after the giving of the copy made any proposal to the 2 operator about provisions for the plan. 3 `(5) An operator must, before making or remaking a safety 4 management plan for any relevant operating plant the operator 5 operates or proposes to operate, have regard to any reasonable 6 provisions for the plan proposed by the overlapping tenure 7 holder concerning relevant activities for the plant. 8 `(6) However, the obligation under subsection (5) applies only to 9 the extent the provisions are commercially and technically 10 feasible for the operator or any relevant 1923 Act petroleum 11 tenure holder. 12 `(7) If an operator makes a safety management plan for relevant 13 operating plant and the plan includes provisions proposed by 14 the overlapping tenure holder, the operator must-- 15 (a) give the overlapping tenure holder a copy; and 16 (b) lodge at the relevant departmental office a notice stating 17 any provisions proposed under subsection (5) and 18 whether they were included in the plan. 19 `(8) In this section-- 20 remaking, a safety management plan, includes an amendment 21 or remaking of the plan of a type required under the 2004 Act, 22 section 678. 23 `78CL Application of 2004 Act provisions for resolving 24 disputes about reasonableness of proposed 25 provision 26 `(1) This section applies if a dispute exists between an operator to 27 which section 78CK applies and an overlapping tenure holder 28 about the reasonableness of a provision proposed by the 29 overlapping tenure holder for the operator's proposed safety 30 management plan. 31 `(2) The 2004 Act, section 387, chapter 12 and schedule 1 apply to 32 the dispute as if it were a dispute to which that section applies. 33 Page 441

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 525] Editor's note-- 1 2004 Act, chapter 12 and schedule 1 (Reviews and appeals) 2 `Subdivision 2 Other provisions 3 `78CM Condition to notify particular authority holders of 4 proposed start of designated activities 5 `(1) This section applies to a 1923 Act petroleum tenure holder if 6 there is either of the following (the other authority) for the 7 1923 Act petroleum tenure-- 8 (a) an overlapping authority (geothermal or GHG); 9 (b) a geothermal tenure or GHG authority sharing a 10 common boundary with the 1923 Act petroleum tenure. 11 `(2) Before the 1923 Act petroleum tenure holder first starts a 12 designated activity in the other authority's area, the 1923 Act 13 petroleum tenure holder must give the other authority holder 14 at least 30 business days notice of the activity. 15 `(3) A notice under subsection (2) must state-- 16 (a) when the designated activity is to start; and 17 (b) where the designated activity is to be carried out; and 18 (c) the nature of the activity. 19 `(4) Before changing the land on which the designated activity is 20 being carried out, the 1923 Act petroleum tenure holder must 21 give the other authority holder at least 30 business days notice 22 stating where the activity is to be carried out. 23 `(5) Compliance with this section is a condition of the 1923 Act 24 petroleum tenure. 25 `(6) In this section-- 26 designated activity means any authorised activity for the 1923 27 Act petroleum tenure, other than-- 28 Page 442

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 526] (a) an authorised activity for the 1923 Act petroleum tenure 1 that is the same as or similar to an incidental activity 2 under the 2004 Act, section 33 or 112; or 3 (b) an activity only involving selecting places where other 4 authorised activities for the 1923 Act petroleum tenure 5 may be carried out. 6 `78CN Restriction on power to amend 7 `If, for a 1923 Act petroleum tenure, there is an overlapping 8 authority (geothermal or GHG) that is an overlapping tenure, 9 the 1923 Act petroleum tenure may be amended under section 10 125 only if the interests of the overlapping tenure holder have 11 been considered.'. 12 526 Replacement of pt 6J hdg (Access to land in area of 13 another 1923 Act petroleum tenure, a 2004 Act petroleum 14 authority or a mining tenement) 15 Part 6J, heading-- 16 omit, insert-- 17 `Part 6J Access to land in area of 18 particular other authorities'. 19 527 Amendment of s 79M (Application of pt 6J) 20 (1) Section 79M(1), `(the first tenure)'-- 21 omit, insert-- 22 `(the first authority)'. 23 (2) Section 79M(1), after `2004 Act petroleum authority'-- 24 insert-- 25 `, a geothermal tenure'. 26 (3) Section 79M(1), `(the second tenure)'-- 27 Page 443

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 528] omit, insert-- 1 `(the second authority)'. 2 528 Amendment of s 79N (Access to land in area of lease 3 under this Act, a 2004 Act lease or a mining lease) 4 (1) Section 79N, heading-- 5 omit, insert-- 6 `79N Access if second authority is a lease'. 7 (2) Section 79N, `second tenure'-- 8 omit, insert-- 9 `second authority'. 10 (3) Section 79N, `first tenure'-- 11 omit, insert-- 12 `first authority'. 13 (4) Section 79N, `is a lease under this Act, a 2004 Act lease or a 14 mining lease'-- 15 omit, insert-- 16 `is a lease'. 17 529 Amendment of s 79O (Access to land in area of another 18 type of mining tenement or 1923 Act petroleum tenure) 19 (1) Section 79O, heading-- 20 omit, insert-- 21 `79O Access if second authority is not a lease'. 22 (2) Section 79O, `second tenure'-- 23 omit, insert-- 24 `second authority'. 25 (3) Section 79O, `first tenure'-- 26 Page 444

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 530] omit, insert-- 1 `first authority'. 2 (4) Section 79O(1), `is not a mining lease, a 2004 Act lease or a 3 petroleum lease'-- 4 omit, insert-- 5 `is not a lease'. 6 Division 8 Amendment of Petroleum and Gas 7 (Production and Safety) Act 2004 8 530 Act amended 9 This division, part 1, division 6, part 2, division 4 and 10 schedule 2, parts 1, 2 and 4 amend the Petroleum and Gas 11 (Production and Safety) Act 2004. 12 531 Amendment of s 3A (Secondary purpose--facilitation of 13 Geothermal Exploration Act 2004 and Greenhouse Gas 14 Storage Act 2009) 15 (1) Section 3A, heading, `Geothermal Exploration Act 2004'-- 16 omit, insert-- 17 `Geothermal Energy Act 2010'. 18 (2) Section 3A(1), `Geothermal Exploration Act 2004'-- 19 omit, insert-- 20 `Geothermal Energy Act 2010 (the Geothermal Act)'. 21 (3) Section 3A(2)-- 22 omit, insert-- 23 `(2) The Geothermal Act is facilitated by-- 24 Page 445

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 532] (a) applying provisions of this Act about safety to particular 1 authorised activities for geothermal tenures under that 2 Act; and 3 (b) applying provisions of this Act about investigations and 4 some of its provisions about enforcement for that Act.'. 5 532 Replacement of s 6B (Relationship with GHG storage Act) 6 Section 6B-- 7 omit, insert-- 8 `6B Relationship with Geothermal Act and GHG 9 storage Act 10 `The relationship between this Act, the Geothermal Act and 11 the GHG storage Act and authorities under them is provided 12 for under-- 13 (a) chapter 3A; and 14 (b) the Geothermal Act, chapter 5; and 15 (c) the GHG storage Act, chapter 4.'. 16 533 Amendment of s 22 (What is an authorised activity) 17 Section 22-- 18 insert-- 19 `(4) An authorised activity, for a geothermal tenure, is an activity 20 that its holder is, under the Geothermal Act or the tenure, 21 entitled to carry out or exercise in relation to the tenure.'. 22 534 Replacement of s 289 (Transfer of petroleum well to 23 holder of geothermal exploration permit or mining 24 tenement) 25 Section 289-- 26 omit, insert-- 27 Page 446

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 535] `289 Transfer of petroleum well to holder of geothermal 1 tenure or mining tenement 2 `A petroleum tenure holder may transfer a petroleum well in 3 the petroleum tenure's area to the holder of a geothermal 4 tenure or mining tenement if-- 5 (a) the well is in the geothermal tenure's or mining 6 tenement's area; and 7 (b) a notice in the approved form and the transfer fee 8 prescribed under a regulation have been lodged at-- 9 (i) the office of the department for lodging the notice, 10 as stated in a gazette notice by the chief executive; 11 or 12 (ii) if no office is gazetted under subparagraph (i)--the 13 office of the chief executive.'. 14 535 Replacement of ch 3A (Provisions for GHG authorities) 15 Chapter 3A-- 16 omit, insert-- 17 `Chapter 3A Provisions for geothermal 18 tenures and GHG 19 authorities 20 `Part 1 Preliminary 21 `392AA Relationship with chs 2 and 3 22 `(1) Requirements and restrictions under this chapter relating to 23 the granting of a petroleum tenure apply as well as any 24 relevant requirements under chapter 2 or 3. 25 `(2) If this chapter imposes a requirement for or a restriction on the 26 granting of a petroleum tenure, it can not be granted if the 27 Page 447

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 535] restriction applies or if the requirement has not been complied 1 with. 2 `(3) If a provision of this chapter conflicts with a provision of 3 chapter 2 the provision of this chapter prevails to the extent of 4 the inconsistency. 5 `(4) This chapter does not otherwise limit or affect the 6 requirements of chapter 2. 7 `(5) Subsection (6) applies if this chapter imposes a requirement 8 for or a restriction on the carrying out of an authorised activity 9 for a petroleum tenure. 10 `(6) Despite chapter 2, the activity is not an authorised activity for 11 the petroleum tenure while the restriction applies or if the 12 requirement has not been complied with. 13 `392AB What is an overlapping authority (geothermal or 14 GHG) 15 `(1) An overlapping authority (geothermal or GHG), for a 16 petroleum authority, is any geothermal tenure or GHG 17 authority all or part of the area of which is in the petroleum 18 authority's area. 19 `(2) An overlapping authority (geothermal or GHG), for a 20 proposed petroleum authority, is a geothermal tenure or GHG 21 authority (the existing authority) all or part of the area of 22 which will, if the proposed petroleum authority is granted, be 23 in the existing authority's area. 24 `392AC General provision about petroleum authorities for 25 land subject to geothermal tenure or GHG authority 26 `Subject to the other provisions of this chapter and chapters 2 27 and 3, the Geothermal Act, GHG storage Act, a geothermal 28 tenure or a GHG authority does not limit or otherwise affect-- 29 (a) the power under this Act to grant a petroleum authority; 30 or 31 Page 448

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 535] (b) the carrying out of authorised activities for a petroleum 1 authority. 2 `Part 2 Obtaining petroleum lease if 3 overlapping tenure 4 `Division 1 Preliminary 5 `392AD Application of pt 2 6 `This part applies if-- 7 (a) a person (the applicant) wishes to make a petroleum 8 lease application; and 9 (b) there is an overlapping authority (geothermal or GHG) 10 for the proposed petroleum lease; and 11 (c) the overlapping authority (geothermal or GHG) is a 12 geothermal tenure or GHG tenure (the overlapping 13 tenure). 14 `Division 2 Requirements for application 15 `392AE Requirements for making application 16 `(1) The petroleum lease application must include-- 17 (a) a statement complying with section 392AF (an 18 information statement); and 19 (b) other information addressing the matters mentioned in 20 subsection (2) (the assessment criteria), other than 21 about attempts to consult with the overlapping tenure 22 holder. 23 Page 449

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 535] `(2) The assessment criteria are-- 1 (a) compliance with the provisions of chapter 9; and 2 (b) the additional requirements under part 6 for proposed 3 initial development plans; and 4 (c) the potential for the parties to make the following for the 5 proposed petroleum lease-- 6 (i) for a geothermal tenure--a geothermal 7 coordination arrangement; 8 (ii) for a GHG tenure--a GHG coordination 9 arrangement; and 10 (d) the economic and technical viability of the concurrent or 11 coordinated carrying out of authorised activities for the 12 proposed petroleum lease and the overlapping tenure; 13 and 14 (e) the public interest. 15 `392AF Content requirements for information statement 16 `The information statement must-- 17 (a) assess-- 18 (i) the likely effect of proposed authorised activities 19 for the proposed petroleum lease on the future 20 carrying out of authorised activities for the 21 overlapping tenure; and 22 (ii) the technical and commercial feasibility of 23 coordinating the proposed authorised activities and 24 the future carrying out of the authorised activities; 25 and 26 (b) include proposals for the minimisation of potential 27 adverse effects on possible future carrying out of 28 authorised activities for the overlapping tenure. 29 Page 450

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 535] `Division 3 Consultation provisions 1 `392AG Applicant's information obligation 2 `(1) The applicant must within 10 business days after making the 3 petroleum lease application give the overlapping tenure holder 4 a copy of the application other than any part of the application 5 relating to the capability criteria. 6 `(2) If the Minister is reasonably satisfied the applicant has not 7 complied with an obligation under this division, the petroleum 8 lease application may be refused. 9 `392AH Submissions by overlapping tenure holder 10 `(1) The overlapping tenure holder may lodge submissions about 11 the petroleum lease application (holder submissions) at the 12 relevant departmental office. 13 `(2) However, holder submissions may be lodged only within 4 14 months after the holder is given a copy of the application. 15 `(3) Holder submissions may do all or any of the following-- 16 (a) state that the holder does not object to the granting of 17 the proposed petroleum lease; 18 (b) if the overlapping tenure is a geothermal permit or GHG 19 permit-- 20 (i) state that the holder does not wish any priority for 21 the carrying out of authorised activities for any 22 future lease that may arise from the permit 23 (overlapping authority priority); or 24 (ii) include a proposal by the overlapping tenure 25 holder for the activity for which overlapping 26 authority priority is sought; 27 (c) include information about authorised activities carried 28 out under the overlapping tenure; 29 (d) include information relevant to the assessment criteria; 30 Page 451

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 535] (e) propose reasonable provisions for the safety 1 management plan for the proposed petroleum lease. 2 `(4) The holder must give the applicant a copy of the holder 3 submissions. 4 `Division 4 Resource management decision if 5 overlapping permit 6 `392AI Application of div 4 7 `(1) This division applies if-- 8 (a) the overlapping tenure is a geothermal permit or GHG 9 permit (the overlapping permit); and 10 (b) the overlapping permit holder has lodged holder 11 submissions within 4 months after the holder was given 12 a copy of the application; and 13 (c) the submissions state that the holder wishes overlapping 14 authority priority. 15 `(2) However, this division does not apply if, under the 16 Geothermal Act, chapter 5 or the GHG storage Act, chapter 4, 17 overlapping authority priority has been given for any of the 18 relevant land. 19 Note-- 20 If this division does not apply, the petroleum lease application proceeds 21 immediately to decision under chapter 2 as affected by division 7. 22 `392AJ Resource management decision 23 `The Minister must make a decision (the resource 24 management decision) about whether to-- 25 (a) grant the petroleum lease application; or 26 (b) give any overlapping authority priority for all or part of 27 the relevant land; or 28 Page 452

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 535] (c) not to grant the petroleum lease application and not to 1 give any overlapping authority priority for any of the 2 relevant land. 3 `392AK Criteria for decision 4 `The Minister must consider the following in making the 5 resource management decision-- 6 (a) the information statement; 7 (b) the assessment criteria; 8 (c) the holder submissions; 9 (d) the public interest. 10 `392AL Restrictions on giving overlapping authority priority 11 `Overlapping authority priority may be recommended or 12 given only if it is considered-- 13 (a) either-- 14 (i) it is unlikely the applicant and the overlapping 15 permit holder will enter into-- 16 (A) for a geothermal permit--a geothermal 17 coordination arrangement; or 18 (B) for a GHG permit--a GHG coordination 19 arrangement; or 20 (ii) an arrangement mentioned in subparagraph (i) for 21 the proposed petroleum lease is not commercially 22 or technically feasible; and 23 (b) the public interest would be best served by not granting 24 a petroleum lease to the applicant first. 25 Page 453

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 535] `Division 5 Process if resource management 1 decision is to give overlapping 2 authority priority 3 `392AM Application of div 5 4 `This division applies only if, under division 4, a resource 5 management decision is required and the decision is to give 6 overlapping authority priority for all or part of the relevant 7 land. 8 `392AN Notice to applicant and overlapping permit holder 9 `(1) The chief executive must give the applicant and the 10 overlapping permit holder notice of the resource management 11 decision. 12 `(2) The notice must invite the overlapping permit holder to, 13 within 6 months after the giving of the notice (the overlapping 14 authority application period), apply for a lease as follows (an 15 overlapping lease) for the land mentioned in subsection (3)-- 16 (a) if the overlapping permit is a geothermal permit--a 17 geothermal lease; 18 (b) if the overlapping permit is a GHG permit--a GHG 19 lease. 20 `(3) For subsection (2), the land is-- 21 (a) if the overlapping authority priority is for all of the 22 land--for all of the land; or 23 (b) if the priority is for part of the land--for that part. 24 `392AO Overlapping lease application for all of the land 25 `(1) This section applies if-- 26 (a) the overlapping authority priority is for all of the land; 27 and 28 Page 454

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 535] (b) within the overlapping authority application period the 1 overlapping permit holder applies for an overlapping 2 lease for all of the land. 3 `(2) A further step can not be taken to decide the petroleum lease 4 application until after the overlapping lease application has 5 been decided. 6 Note-- 7 The Geothermal Act, chapter 5, part 5 and the GHG storage Act, chapter 8 4, part 5 provide for refusal of the overlapping lease application if it is 9 not pursued in a timely manner. 10 `(3) If the decision on the overlapping lease application is to grant 11 an overlapping lease for all of the land, the petroleum lease 12 application is taken to have lapsed. 13 `392AP Overlapping lease application for part of the land 14 `(1) This section applies if the overlapping permit holder applies 15 for an overlapping lease for part of the land within the 16 overlapping authority application period. 17 `(2) The person who made the petroleum lease application may 18 amend it so that a petroleum lease is only sought for all or part 19 of the rest of the land. 20 `(3) Unless the amendment is made, a further step can not be taken 21 to decide the petroleum lease application until after the 22 overlapping lease application has been decided. 23 `(4) If-- 24 (a) the amendment has not been made; and 25 (b) the decision on the overlapping lease application is to 26 grant an overlapping lease for part of the land; 27 the person who made the petroleum lease application may 28 amend it so that a petroleum lease is only sought for all or part 29 of the rest of the land. 30 Page 455

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 535] Note-- 1 If the petroleum lease application is not amended, see section 392AT 2 (Application may be refused if no reasonable prospects of future 3 geothermal or GHG coordination arrangement). 4 `392AQ No overlapping lease application 5 `If the overlapping permit holder does not apply for an 6 overlapping lease for any of the land within the overlapping 7 authority application period, the petroleum lease application 8 may be decided. 9 `Division 6 Resource management decision not 10 to grant and not to give priority 11 `392AR Lapsing of application 12 `The petroleum lease application is taken to have lapsed if-- 13 (a) under division 4, a resource management decision is 14 required; and 15 (b) the decision was not to grant the petroleum lease 16 application and not to give any overlapping authority 17 priority for any of the relevant land. 18 `Division 7 Deciding application 19 `392AS Application of div 7 20 `This division applies if-- 21 (a) the overlapping tenure holder has not lodged holder 22 submissions within 4 months after the holder was given 23 a copy of the application (the submission period) or at 24 all; or 25 Page 456

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 535] (b) the overlapping tenure holder has lodged holder 1 submissions within the submission period stating that 2 the holder does not wish any overlapping authority 3 priority; or 4 (c) under division 4, a resource management decision is 5 required and-- 6 (i) the resource management decision is not to give 7 overlapping authority priority for any of the 8 relevant land; or 9 (ii) the resource management decision is to give 10 overlapping authority priority for all or part of the 11 relevant land and after division 5 has been 12 complied with the Minister decides to grant a 13 petroleum lease for the land. 14 `392AT Application may be refused if no reasonable 15 prospects of future geothermal or GHG 16 coordination arrangement 17 `The Minister may decide to refuse the petroleum lease 18 application if-- 19 (a) the Minister is satisfied the applicant and the 20 overlapping tenure holder have made reasonable 21 attempts to reach the following (a relevant 22 arrangement)-- 23 (i) if the overlapping tenure is a geothermal permit--a 24 proposed geothermal coordination arrangement; 25 (ii) if the overlapping tenure is a GHG permit--a 26 proposed GHG coordination arrangement; and 27 (b) either-- 28 (i) the overlapping tenure holder has lodged a notice 29 at the relevant departmental office stating there are 30 no reasonable prospects of a relevant arrangement 31 being made; or 32 Page 457

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 535] (ii) a relevant arrangement has not been lodged for 1 approval by the Minister and the Minister 2 considers the applicant and the overlapping tenure 3 holder have had a reasonable opportunity to make 4 a relevant arrangement. 5 `392AU Additional criteria for deciding provisions of 6 petroleum lease 7 `In deciding the provisions of the petroleum lease the Minister 8 must consider all of the following-- 9 (a) the information statement; 10 (b) the assessment criteria; 11 (c) any holder submissions; 12 (d) the effect of the petroleum lease on the safe and efficient 13 carrying out of authorised activities for the overlapping 14 tenure; 15 (e) for an overlapping permit--the effect of the petroleum 16 lease on the safe and efficient carrying out of authorised 17 activities for any future lease that may arise from the 18 permit. 19 `392AV Publication of outcome of application 20 `(1) After the Minister decides whether or not to grant the 21 petroleum lease, the chief executive must publish a notice 22 about the outcome of the petroleum lease application in or on 23 at least 1 of the following-- 24 (a) the gazette; 25 (b) the department's website; 26 (c) another publication the chief executive considers 27 appropriate. 28 `(2) The notice must state-- 29 (a) the decision; and 30 Page 458

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 535] (b) if the decision was to grant the petroleum lease--all the 1 petroleum lease's conditions other than the mandatory 2 conditions; and 3 (c) if, under division 4, a resource management decision is 4 required and the decision was to give overlapping 5 authority priority for all or part of the land--the 6 decision, and the reasons for it. 7 `(3) However, if the chief executive considers information in a 8 condition is commercial-in-confidence, the chief executive 9 may, instead of publishing the condition, publish a statement 10 about its intent. 11 `Part 3 Priority to particular 12 geothermal or GHG lease 13 applications 14 `392AW Earlier geothermal or GHG lease application 15 `If-- 16 (a) a petroleum lease application is made; and 17 (b) before the making of that application, an application 18 (the other application) was made for a geothermal lease 19 or GHG lease (the other proposed lease) but not 20 decided; and 21 (c) the other application had not been decided before the 22 making of the petroleum lease application; and 23 (d) the other proposed lease would, if it were granted, be an 24 overlapping authority for the proposed petroleum lease; 25 the petroleum lease application must not be decided until the 26 other application has been decided. 27 Page 459

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 535] `392AX Proposed geothermal or GHG lease for which EIS 1 approval given 2 `(1) This section applies for a petroleum lease application if-- 3 (a) before the making of the application, an approval under 4 the Environmental Protection Act, chapter 3, part 2 was 5 granted for the voluntary preparation of an EIS; and 6 (b) the EIS is for a project that is, or includes, a proposed 7 geothermal lease or GHG lease (the proposed lease) for 8 land the subject of the application. 9 `(2) The application must not be decided until-- 10 (a) if no application is made for the proposed lease within 1 11 year after the granting of the approval--the end of that 12 year; or 13 (b) if an application is made for the proposed lease within 14 that year--that application is decided. 15 `392AY Proposed geothermal or GHG lease declared a 16 significant project 17 `(1) This section applies for a petroleum lease application if-- 18 (a) before the making of the application, a significant 19 project was declared; and 20 (b) the project is, or includes, a proposed geothermal lease 21 or GHG lease (the proposed lease) for land the subject 22 of the application. 23 `(2) The application must not be decided until-- 24 (a) if no application is made for the proposed lease within 1 25 year after the making of the declaration--the end of that 26 year; or 27 (b) if an application is made for the proposed lease within 28 that year--that application is decided. 29 Page 460

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 535] `Part 4 Petroleum lease applications in 1 response to invitation under 2 Geothermal Act or GHG 3 storage Act 4 `392AZ Application of pt 4 5 `This part applies if-- 6 (a) a petroleum lease application is made in response to an 7 invitation given because of a resource management 8 decision under the Geothermal Act or the GHG storage 9 Act; and 10 (b) the application is made within 6 months after the giving 11 of the invitation. 12 `392BA Additional ground for refusing application 13 `(1) The Minister may decide to refuse the application if satisfied 14 the applicant has not in a timely manner-- 15 (a) taken any step for the application required of the 16 applicant under chapter 2 or 3 or this chapter; or 17 (b) satisfied the Minister about a matter that under chapter 2 18 or 3 or this chapter is required for the granting of the 19 application. 20 `(2) Subsection (1) does not limit section 843. 21 Editor's note-- 22 section 843 (Additional information may be required about application) 23 Page 461

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 535] `Part 5 Additional provisions for 1 petroleum authorities 2 `Division 1 Restrictions on authorised activities 3 for particular petroleum authorities 4 `392BB Overlapping geothermal or GHG lease 5 `(1) This section applies if land in the area of any of the following 6 petroleum authorities is in the area of a geothermal lease or 7 GHG lease-- 8 (a) an authority to prospect; 9 (b) a data acquisition authority; 10 (c) a water monitoring authority. 11 `(2) However, this section does not apply if the same person holds 12 the petroleum authority and the geothermal lease or GHG 13 lease. 14 `(3) An authorised activity for the petroleum authority may be 15 carried out on the land only if-- 16 (a) the geothermal lease or GHG lease holder has not, in the 17 way required under subsection (4), objected to-- 18 (i) the carrying out of the activity; and 19 (ii) if chapter 9 requires a safety management plan for 20 the petroleum authority--the safety management 21 plan; or 22 (b) if an objection under paragraph (a) has been made--the 23 Minister has, under section 392BD, decided the 24 authorised activity may be carried out. 25 Note-- 26 For notice of authorised activities, see section 392BF. 27 Page 462

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 535] `(4) The objection must be written, given to the petroleum 1 authority holder and lodged at the relevant departmental 2 office. 3 `392BC Overlapping geothermal permit or particular GHG 4 authorities 5 `(1) This section applies if land in the area of any of the following 6 petroleum authorities is in the area of a geothermal permit or a 7 GHG authority other than a GHG lease-- 8 (a) an authority to prospect; 9 (b) a data acquisition authority; 10 (c) a water monitoring authority. 11 `(2) An authorised activity for the petroleum authority can not be 12 carried out on the land if-- 13 (a) carrying out the activity adversely affects the carrying 14 out of an authorised activity for the geothermal permit 15 or GHG authority; and 16 (b) the authorised activity for the geothermal permit or 17 GHG authority has already started. 18 `392BD Resolving disputes 19 `(1) This section applies if, under section 392BB, a geothermal 20 lease or GHG lease holder has objected to the carrying out of 21 an authorised activity by a petroleum authority holder. 22 `(2) This section also applies if there is a dispute between a 23 petroleum authority holder and a geothermal permit or GHG 24 authority holder about whether an authorised activity for the 25 petroleum authority can be carried out under section 392BC. 26 `(3) Either of the parties may, by a notice in the approved form, 27 ask the Minister to decide-- 28 (a) for section 392BB--whether the authorised activity may 29 be carried out under that section; or 30 Page 463

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 535] (b) for section 392BC--whether the authorised activity may 1 be carried out under that section. 2 `(4) Before making the decision, the Minister must give the parties 3 a reasonable opportunity to make submissions about the 4 request within a reasonable period. 5 `(5) The Minister must, after complying with subsection (4) and 6 considering any submission made under that subsection, 7 decide the matter and give the parties notice of the decision. 8 `(6) The Minister's decision binds the parties. 9 `(7) If the request is about a matter mentioned in subsection (1), 10 the Minister may impose conditions on any decision that the 11 authorised activity may be carried out. 12 `(8) In this section-- 13 parties means-- 14 (a) for a request about a matter mentioned in subsection 15 (1)--the petroleum authority holder and the geothermal 16 lease or GHG lease holder; or 17 (b) for a request about a matter mentioned in subsection 18 (2)--the petroleum authority holder and the geothermal 19 permit or GHG authority holder. 20 `Division 2 Additional conditions 21 `392BE Notice by authority to prospect holder to particular 22 geothermal tenure or GHG authority holders or 23 applicants 24 `(1) This section applies if-- 25 (a) an authority to prospect is granted (the ATP); and 26 (b) land in the authority to prospect's area is in the area of, 27 or in a proposed area under an application for any of the 28 following (the other authority)-- 29 (i) a geothermal permit; 30 Page 464

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 535] (ii) a GHG permit; 1 (iii) a GHG data acquisition authority under the GHG 2 storage Act. 3 `(2) It is a condition of the authority to prospect that its holder 4 must, within 20 business days after the holder receives notice 5 of the grant of the ATP, give the holder of, or the applicant for, 6 the other authority a notice stating-- 7 (a) the ATP has been granted; and 8 (b) the ATP holder's name; and 9 (c) the term of the ATP. 10 `392BF Condition to notify particular geothermal tenure or GHG 11 authority holders of proposed start of particular 12 authorised activities 13 `(1) This section applies to a petroleum authority holder if there is 14 either of the following (the other authority) for the petroleum 15 authority-- 16 (a) an overlapping authority; 17 (b) a geothermal tenure or GHG authority sharing a 18 common boundary with the petroleum authority. 19 `(2) Before the petroleum authority holder first starts a designated 20 activity in the other authority's area, the petroleum authority 21 holder must give the other authority holder at least 30 business 22 days notice of the activity. 23 `(3) A notice under subsection (2) must state-- 24 (a) when the designated activity is to start; and 25 (b) where the designated activity is to be carried out; and 26 (c) the nature of the activity. 27 `(4) Before changing the land on which the designated activity is 28 being carried out, the petroleum authority holder must give 29 the other authority holder at least 30 business days notice 30 stating where the activity is to be carried out. 31 Page 465

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 535] `(5) Compliance with this section is a condition of the petroleum 1 authority. 2 `(6) In this section-- 3 designated activity means any authorised activity for the 4 petroleum authority, other than-- 5 (a) an incidental activity under section 33 or 112; or 6 (b) an activity only involving selecting places where other 7 authorised activities for the petroleum authority may be 8 carried out. 9 `392BG Requirement to continue geothermal or GHG 10 coordination arrangement after renewal of or 11 dealing with petroleum lease 12 `(1) This section applies if-- 13 (a) a petroleum lease has an overlapping authority 14 (geothermal or GHG) that is a geothermal lease or GHG 15 lease (the other lease); and 16 (b) a geothermal coordination arrangement or GHG 17 coordination arrangement applies to the petroleum 18 lease; and 19 (c) any of the following take place for the petroleum 20 lease-- 21 (i) a renewal; 22 (ii) a transfer; 23 (iii) a subletting of the lease or a share in the petroleum 24 lease. 25 `(2) It is a condition of the petroleum lease that its holder must 26 continue to be a party to the following for the lease while the 27 other lease continues in force-- 28 (a) if the other lease is a geothermal lease--a geothermal 29 coordination arrangement; 30 Page 466

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 535] (b) if the other lease is a GHG lease--a GHG coordination 1 arrangement. 2 `Division 3 Restriction on Minister's power to 3 amend petroleum lease if 4 overlapping tenure 5 `392BH Interests of overlapping tenure holder to be 6 considered 7 `If there is an overlapping tenure for a petroleum tenure, the 8 petroleum tenure may be amended under section 848 only if 9 the Minister has considered the interests of the overlapping 10 tenure holder. 11 `Part 6 Additional provisions for 12 development plans if 13 overlapping tenure 14 `392BI Operation of pt 6 15 `This part imposes additional requirements for the following 16 for which there is an overlapping authority (geothermal or 17 GHG) that is an overlapping tenure-- 18 (a) a proposed initial development plan for a proposed 19 initial development plan for a petroleum lease; 20 (b) a proposed later development plan for a petroleum lease. 21 `392BJ Statement about interests of overlapping tenure 22 holder 23 `The proposed development plan or amendment must include 24 a statement of how the effects on and the interests of the 25 Page 467

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 535] overlapping tenure holder have or have not been considered 1 having regard to the assessment criteria. 2 `392BK Consistency with overlapping tenure's development 3 plan and with any relevant coordination arrangement 4 `(1) To the extent the area of the petroleum lease and the 5 overlapping tenure coincide or will coincide, the proposed 6 development plan must be consistent with any geothermal 7 coordination arrangement or GHG coordination arrangement 8 for that area. 9 `(2) Subsection (3) applies only if the overlapping tenure is an 10 overlapping lease. 11 `(3) The proposed plan must, to the extent the area of the 12 petroleum lease and the overlapping lease coincide, or will 13 coincide, be consistent with the development plan for the 14 overlapping lease. 15 `392BL Additional criteria for approval 16 `In deciding whether to approve the proposed development 17 plan, the Minister must consider the assessment criteria. 18 `Part 7 Additional provisions for safety 19 management plans 20 `392BM Grant of petroleum lease does not affect obligation 21 to make plan 22 `(1) This section applies if an information statement accompanies 23 a petroleum lease application as required under this chapter. 24 `(2) The deciding of the application or the grant of the petroleum 25 lease-- 26 Page 468

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 535] (a) does not affect the obligation to make a safety 1 management plan for any operating plant in the 2 petroleum lease's area; and 3 (b) is not of itself evidence that a safety management plan 4 or purported safety management plan for an operating 5 plant on the petroleum lease's area complies with 6 chapter 9. 7 `392BN Requirements for consultation with particular 8 overlapping tenure holders 9 `(1) This section applies if-- 10 (a) a person (an operator) proposes to be an operator of 11 operating plant in the area of a petroleum tenure; and 12 (b) activities (relevant activities) carried out, or proposed to 13 be carried out, at the plant may adversely affect the safe 14 and efficient carrying out of authorised activities for an 15 overlapping authority (geothermal or GHG) for the 16 petroleum tenure; and 17 (c) the overlapping authority (geothermal or GHG) is an 18 overlapping tenure. 19 `(2) Before any operator may operate relevant operating plant, 20 each operator must have made reasonable attempts to consult 21 with the overlapping tenure holder about relevant activities for 22 the plant. 23 `(3) If there is more than 1 operator, the petroleum tenure holder 24 may coordinate the consultation between the operators and the 25 overlapping tenure holder. 26 `(4) For subsection (2), an operator is taken to have made 27 reasonable attempts to consult if-- 28 (a) the operator gives the overlapping tenure holder a copy 29 of the relevant parts of the operator's proposed safety 30 management plan concerning any relevant operating 31 plant the operator proposes to operate for the relevant 32 activities; and 33 Page 469

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 535] (b) the overlapping tenure holder has not within 30 days 1 after the giving of the copy made any proposal to the 2 operator about provisions for the plan. 3 `(5) An operator must, before making or remaking a safety 4 management plan for any relevant operating plant the operator 5 operates or proposes to operate, have regard to any reasonable 6 provisions for the plan proposed by the overlapping tenure 7 holder concerning relevant activities for the plant. 8 `(6) However, the obligation under subsection (5) applies only to 9 the extent the provisions are commercially and technically 10 feasible for the operator or any relevant petroleum tenure 11 holder. 12 `(7) If an operator makes a safety management plan for relevant 13 operating plant and the plan includes provisions proposed by 14 the overlapping tenure holder, the operator must-- 15 (a) give the overlapping tenure holder a copy; and 16 (b) lodge at the relevant departmental office a notice stating 17 any provisions proposed under subsection (5) and 18 whether they were included in the plan. 19 `(8) In this section-- 20 remaking, a safety management plan, includes an amendment 21 or remaking of the plan of a type required under section 678. 22 `392BO Application of provisions for resolving disputes 23 about reasonableness of proposed provision 24 `(1) This section applies if a dispute exists between an operator to 25 which section 392BN applies and an overlapping tenure 26 holder about the reasonableness of a provision proposed by 27 the tenure holder for the operator's proposed safety 28 management plan. 29 `(2) Section 387, chapter 12 and schedule 1 apply to the dispute as 30 if it were a dispute to which those provisions apply. 31 Page 470

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 536] Editor's note-- 1 chapter 12 and schedule 1 (Reviews and appeals)'. 2 536 Amendment of s 400 (Restriction if there is an existing 3 mining lease or GHG lease) 4 (1) Section 400, heading, `mining lease or GHG lease'-- 5 omit, insert-- 6 `geothermal, GHG or mining lease'. 7 (2) Section 400, `mining lease or GHG lease'-- 8 omit, insert-- 9 `geothermal lease, GHG lease or mining lease'. 10 537 Amendment of s 528 (Application of pt 4) 11 Section 528(1), after `1923 Act petroleum tenure'-- 12 insert-- 13 `, a geothermal tenure'. 14 538 Amendment of s 529 (Access to land in area of mining 15 lease, a 1923 Act lease or a petroleum lease) 16 (1) Section 529, heading-- 17 omit, insert-- 18 `529 Access if second authority is a lease'. 19 (2) Section 529, `is a mining lease, a 1923 Act lease or a 20 petroleum lease'-- 21 omit, insert-- 22 `is a lease'. 23 Page 471

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 539] 539 Amendment of s 530 (Access to land in area of another 1 type of mining tenement or petroleum authority) 2 (1) Section 530, heading-- 3 omit, insert-- 4 `530 Access if second authority is not a lease'. 5 (2) Section 530(1), `is not a mining lease, a 1923 Act lease or a 6 petroleum lease'-- 7 omit, insert-- 8 `is not a lease'. 9 540 Amendment of s 669 (Making safety requirement) 10 Section 669-- 11 insert-- 12 `(d) about geothermal activities, other than wet geothermal 13 production.'. 14 541 Amendment of s 670 (What is an operating plant) 15 (1) Section 670(2)(b) to (h)-- 16 renumber as section 670(2)(c) to (i). 17 (2) Section 670(2)-- 18 insert-- 19 `(b) a facility that-- 20 (i) is related to the exploration, production or 21 processing of petroleum; and 22 (ii) is used to take, interfere with or treat associated 23 water;'. 24 (3) Section 670(2)(h) and (i), as renumbered-- 25 omit, insert-- 26 Page 472

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 541] `(h) a facility that is in the area of a geothermal tenure and is 1 used for-- 2 (i) geothermal exploration other than for wet 3 geothermal production; or 4 (ii) geothermal production other than wet geothermal 5 production; 6 Examples-- 7 the following facilities if they are not used for wet geothermal 8 production-- 9 · a drilling rig for a geothermal well 10 · equipment used for injecting into, maintaining or repairing a 11 geothermal well 12 · pipes and associated valves used in the geothermal 13 production process 14 (i) a facility that is in the area of a GHG authority and is-- 15 (i) used for GHG storage exploration or GHG stream 16 storage; or 17 (ii) involved in GHG storage injection testing; 18 (j) a GHG stream pipeline under the GHG storage Act.'. 19 (4) Section 670(5)(d)-- 20 omit, insert-- 21 `(d) an authorised activity under an authority if the activity is 22 a geophysical survey for data acquisition;'. 23 (5) Section 670(6)-- 24 omit. 25 (6) Section 670(7)-- 26 renumber as section 670(9). 27 (7) Section 670-- 28 insert-- 29 `(6) An operating plant is also-- 30 Page 473

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 541] (a) all of the authorised activities for a petroleum authority, 1 geothermal tenure or GHG authority; or 2 (b) all of the authorised activities for a mineral hydrocarbon 3 mining lease that are not a coal mining operation or an 4 on-site activity under the Coal Mining Safety and Health 5 Act. 6 `(7) For subsection (6)(a) and (b)-- 7 (a) the operating plant is all of the authorised activities 8 jointly; and 9 (b) the authorised activities are an operating plant severally 10 only if they are an operating plant under subsection (2) 11 or (5). 12 `(8) To remove any doubt, for subsection (2) it is declared that the 13 following are not an operating plant-- 14 (a) a facility relating to geothermal energy to the extent any 15 part of its processes happen after an isolation valve or 16 distribution point where the pipeline transporting the 17 energy ends at the entry to the facility; 18 (b) a facility that produces a GHG stream at its source 19 before the stream enters a GHG pipeline that transports 20 the stream, or the stream is otherwise transported, to a 21 GHG storage site under the GHG storage Act. 22 `(10) In this section-- 23 geothermal exploration see the Geothermal Act, section 13. 24 geothermal well see the Geothermal Act, schedule 3. 25 GHG storage exploration see the GHG storage Act, section 26 15. 27 GHG storage injection testing see the GHG storage Act, 28 section 16.'. 29 Page 474

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 542] 542 Amendment of s 672 (What is a stage of an operating 1 plant) 2 Section 672-- 3 insert-- 4 `(2) A stage, of an operating plant, also includes construction 5 work for an operating plant or proposed operating plant if-- 6 (a) the work is within or part of an existing operating plant; 7 or 8 (b) the work is adjacent to existing operating plant and the 9 safety management plan for the plant provides that the 10 plan applies to the work.'. 11 543 Amendment of s 675 (Content requirements for safety 12 management plans) 13 Section 675(1)(f), after `the same petroleum tenure'-- 14 insert-- 15 `, geothermal tenure'. 16 544 Amendment of s 687 (Who is the executive safety 17 manager of an operating plant) 18 (1) Section 687(2) to (4)-- 19 renumber as section 687(3) to (5). 20 (2) Section 687-- 21 insert-- 22 `(2) For authorised activities for a petroleum authority, geothermal 23 tenure or GHG authority that, under section 670(6)(a) and (7), 24 are jointly an operating plant, the executive safety manager 25 is-- 26 (a) if the holder of the authority or tenure is an 27 individual--the holder; or 28 Page 475

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 545] (b) the senior managing officer of the corporation or 1 organisation responsible for the management and safe 2 operation of the authorised activities for the authority or 3 tenure.'. 4 545 Insertion of new s 687A 5 After section 687-- 6 insert-- 7 `687A Requirement of joint holders to give information 8 about executive safety manager 9 `(1) This section applies if-- 10 (a) there is more than 1 holder of a petroleum authority, 11 geothermal tenure or GHG tenure; and 12 (b) 1 or more of the holders is a corporation; and 13 (c) operating plant is being operated or is proposed to be 14 operated in the authority's or tenure's area. 15 `(2) The holders must ensure the chief inspector is given a notice 16 stating which corporation or organisation is responsible for 17 the management and safe operation of operating plant in the 18 area. 19 Maximum penalty--500 penalty units. 20 `(3) In a proceeding under or in relation to this Act, the notice is 21 evidence of which corporation or organisation is the 22 responsible for the management and safe operation of 23 operating plant in the area.'. 24 546 Amendment of s 690 (Content requirements for safety 25 reports) 26 (1) Section 690(1)(h)-- 27 omit. 28 Page 476

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 547] (2) Section 690(1)(i)-- 1 renumber as section 690(1)(h). 2 547 Replacement of s 691 (Obligation to give information to 3 particular authority holders) 4 Section 691-- 5 omit, insert-- 6 `691 Obligation to give information to coal or oil shale 7 exploration tenement holder 8 `(1) This section applies if an executive safety manager for an 9 operating plant gives a safety report containing information 10 mentioned in section 690(1)(g). 11 `(2) The executive safety manager must, as soon as practicable, 12 give the relevant tenement holder the information in the report 13 mentioned in section 690(1)(g). 14 Maximum penalty--500 penalty units. 15 `(3) Chapter 3, part 8, applies to any information given under this 16 section as if the information were given for the purposes of 17 chapter 3. 18 Editor's note-- 19 chapter 3 (Provisions for coal seam gas), part 8 (Confidentiality of 20 information) 21 `(4) In this section-- 22 relevant tenement holder means the holder of any coal or oil 23 shale exploration tenement if the safe and efficient mining of 24 coal or oil shale under the tenement may have been affected 25 by the operation of the operating plant.'. 26 548 Amendment of s 699A (Operator's obligation for 27 particular adjacent or overlapping authorities) 28 Section 699A(b), after `petroleum tenure'-- 29 Page 477

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 549] insert-- 1 `, geothermal tenure'. 2 549 Amendment of s 705 (Application of sdiv 1) 3 (1) Section 705(a)(i) to (iii)-- 4 omit, insert-- 5 `(i) in the area of a coal or oil shale mining lease; or 6 (ii) in an area adjacent to the area of a coal or oil shale 7 mining lease; and'. 8 (2) Section 705(b), `or GHG storage activities under the GHG 9 lease'-- 10 omit. 11 550 Amendment of s 705A (Requirement to have principal 12 hazard management plan) 13 (1) Section 705A, `mining lease or GHG lease holder'-- 14 omit, insert-- 15 `mining lease holder'. 16 (2) Section 705A(3), `or GHG tenure holder'-- 17 omit. 18 551 Amendment of s 705B (Content requirements for 19 principal hazard management plan) 20 (1) Section 705B(b)(ii), examples, item 2, `a mining lease 21 holder'-- 22 omit, insert-- 23 `the mining lease holder'. 24 Page 478

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 552] (2) Section 705B(c), `or GHG wells under the GHG storage 1 Act'-- 2 omit. 3 552 Amendment of s 705C (Resolving disputes about 4 provision proposed by mining lease or GHG lease holder) 5 Section 705C, `or GHG lease'-- 6 omit. 7 553 Amendment of s 708B (Chief inspector may issue safety 8 alerts and instructions) 9 (1) Section 708B(3), after `petroleum or fuel gas industry'-- 10 insert-- 11 `, to geothermal activities'. 12 (2) Section 708B(4)(a), `the petroleum or fuel gas industry'-- 13 omit, insert-- 14 `a matter mentioned in subsection (3)'. 15 554 Amendment of s 736 (Functions) 16 (1) Section 736, `Geothermal Exploration Act 2004'-- 17 omit, insert-- 18 `Geothermal Act'. 19 (2) Section 736(1)(c), `geothermal energy activity or GHG 20 streams'-- 21 omit, insert-- 22 `geothermal activity or GHG storage activity'. 23 Page 479

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 555] 555 Amendment of s 744 (Inspector's additional entry power 1 for emergency or incident) 2 Section 744(1), `geothermal energy activity or a GHG 3 stream'-- 4 omit, insert-- 5 `geothermal activity or a GHG storage activity'. 6 556 Amendment of s 746 (Authorised officer's additional 7 entry power for petroleum authority, geothermal 8 exploration permit or GHG authority) 9 Section 746, `geothermal exploration permit'-- 10 omit, insert-- 11 `geothermal tenure'. 12 557 Amendment of s 769 (Testing seized things) 13 (1) Section 769(2)(a), after `petroleum or fuel gas'-- 14 insert-- 15 `, geothermal energy'. 16 (2) Section 769-- 17 insert-- 18 `(7) In this section-- 19 geothermal energy means energy in the form of heat 20 produced from beneath the surface of solid earth.'. 21 558 Amendment of s 780 (Power to give compliance 22 direction) 23 (1) Section 780(1)(a)(ii) and (iii)-- 24 renumber as section 780(1)(a)(iii) and (iv). 25 (2) Section 780(1)(a)-- 26 Page 480

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 559] insert-- 1 `(ii) the Geothermal Act;'. 2 559 Amendment of s 781 (Requirements for giving 3 compliance direction) 4 Section 781(1)(a), `Geothermal Exploration Act 2004'-- 5 omit, insert-- 6 `Geothermal Act'. 7 560 Amendment of sch 2 (Dictionary) 8 (1) Schedule 2, definitions applicant, geothermal energy activity, 9 geothermal exploration permit, GHG assessment criteria, 10 GHG public interest, GHG statement, holder submissions, 11 overlapping authority priority, overlapping GHG authority, 12 overlapping GHG lease application period and the public 13 interest-- 14 omit. 15 (2) Schedule 2-- 16 insert-- 17 `applicant, for chapter 3A, part 2, see section 392AD(a). 18 assessment criteria, for chapter 3A, see section 392AE(1)(b). 19 Geothermal Act see section 3A(1). 20 geothermal activity see the Geothermal Act, section 18. 21 geothermal coordination arrangement see the Geothermal 22 Act, section 137(4). 23 geothermal lease see the Geothermal Act, section 19(1)(b). 24 geothermal permit see the Geothermal Act, section 19(1)(a). 25 geothermal production see the Geothermal Act, section 14. 26 geothermal tenure see the Geothermal Act, section 19(2). 27 Page 481

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 560] holder submissions, for chapter 3A, see section 392AH(1). 1 information statement, for chapter 3A, see section 2 392AE(1)(a). 3 operate, for operating plant that, under section 670(6) and (7), 4 consists of joint authorised activities, means to carry out all or 5 any of the activities. 6 overlapping authority application period, for chapter 3A, 7 part 2, division 5, see section 392AN(2). 8 overlapping authority (geothermal or GHG), for chapter 3A, 9 see section 392AB. 10 overlapping authority priority, for chapter 3A, see section 11 392AH(3)(b)(i). 12 overlapping lease, for chapter 3A, see section 392AN(2). 13 overlapping permit, for chapter 3A, see section 392AI(1)(a). 14 overlapping tenure, for chapter 3A, see section 392AD(c). 15 wet geothermal production means geothermal production by 16 the extraction of hot water from a subartesian basin.'. 17 (3) Schedule 2, definition dangerous situation, `geothermal 18 energy activity'-- 19 omit, insert-- 20 `geothermal activity'. 21 (4) Schedule 2, definition occupier, paragraph 1(i)-- 22 omit, insert-- 23 `(i) the person has a right to occupy the place, other 24 than under a mining interest, petroleum authority, 25 1923 Act petroleum tenure, GHG authority or 26 geothermal tenure; or'. 27 Page 482

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 561] Division 9 Amendment of Torres Strait Islander 1 Land Act 1991 2 561 Act amended 3 This division and schedule 2, part 4 amend the Torres Strait 4 Islander Land Act 1991. 5 562 Replacement of s 39 (Reservations of minerals and 6 petroleum) 7 Section 39-- 8 omit, insert-- 9 `39 Resource reservations under other Acts 10 `A deed of grant of transferred land must contain the 11 reservations to the State taken to be contained in the grant 12 under the following-- 13 · the Geothermal Energy Act 2010, section 29 14 · the Greenhouse Gas Storage Act 2009, section 28 15 · the Mineral Resources Act 1989, section 8 16 · the Petroleum Act 1923, section 10 17 · the Petroleum and Gas (Production and Safety) Act 18 2004, section 27.'. 19 563 Replacement of s 77 (Reservations of minerals and 20 petroleum) 21 Section 77-- 22 omit, insert-- 23 `77 Resource reservations under other Acts 24 `A deed of grant of granted land and a Torres Strait Islander 25 lease must contain the reservations to the State taken to be 26 contained in the grant under the following-- 27 Page 483

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 564] · the Geothermal Energy Act 2010, section 29 1 · the Greenhouse Gas Storage Act 2009, section 28 2 · the Mineral Resources Act 1989, section 8 3 · the Petroleum Act 1923, section 10 4 · the Petroleum and Gas (Production and Safety) Act 5 2004, section 27.'. 6 Division 10 Amendment of Valuation of Land 7 Act 1944 8 564 Act amended 9 This division and schedule 2, part 4 amend the Valuation of 10 Land Act 1944. 11 565 Replacement of s 16 (Exclusion of timber and minerals) 12 Section 16-- 13 omit, insert-- 14 `16 Exclusion of particular resources 15 `A valuation of the unimproved value of land is not to include 16 the value of any of the following on or in the land-- 17 (a) geothermal energy as defined under the Geothermal 18 Energy Act 2010; 19 (b) GHG storage reservoirs as defined under the 20 Greenhouse Gas Storage Act 2009; 21 (c) minerals; 22 (d) petroleum as defined under the Petroleum and Gas 23 (Production and Safety) Act 2004; 24 (e) timber.'. 25 Page 484

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 566] Division 11 Amendment of Water Act 2000 1 566 Act amended 2 This division amends the Water Act 2000. 3 567 Amendment of s 203 (Definitions for pt 6) 4 Section 203, definition owner, paragraph (e)-- 5 omit, insert-- 6 `(e) the holder of a geothermal tenure under the Geothermal 7 Energy Act 2010 relating to the land; 8 (ea) the holder of a GHG tenure under the Greenhouse Gas 9 Storage Act 2009 relating to the land.'. 10 568 Amendment of sch 4 (Dictionary) 11 (1) Schedule 4, definition owner, paragraphs (a)(v) and (vi)-- 12 renumber as paragraphs (a)(ix) and (x). 13 (2) Schedule 4, definition owner, paragraph (a)-- 14 insert-- 15 `(v) the holder of a geothermal tenure under the 16 Geothermal Energy Act 2010 relating to the land; 17 (vi) the holder of a GHG tenure under the Greenhouse 18 Gas Storage Act 2009 relating to the land; 19 (vii) the holder of a 1923 Act petroleum tenure under 20 the Petroleum Act 1923 relating to the land; 21 (viii) the holder of a petroleum tenure under the 22 Petroleum and Gas (Production and Safety) Act 23 2004 relating to the land;'. 24 Page 485

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 569] Division 12 Amendment of Workplace Health 1 and Safety Act 1995 2 569 Act amended 3 This division amends the Workplace Health and Safety Act 4 1995. 5 570 Amendment of s 3 (Application of Act) 6 (1) Section 3(1)(c) and (d)-- 7 omit, insert-- 8 `(c) operating plant under the Petroleum and Gas 9 (Production and Safety) Act 2004 (the P&G Act), other 10 than operating plant under section 670(6)(a) and (7) of 11 that Act, for any of the following-- 12 (i) a 1923 Act petroleum tenure under the Petroleum 13 Act 1923; 14 (ii) a petroleum authority under the P&G Act; 15 (iii) a GHG authority under the Greenhouse Gas 16 Storage Act 2009; 17 (iv) a geothermal tenure under the Geothermal Energy 18 Act 2010; 19 (v) a mining tenement under the Mineral Resources 20 Act 1989.'. 21 (2) Section 3(2) and (3)-- 22 renumber as section 3(3) and (4). 23 (3) Section 3-- 24 insert-- 25 `(2) Despite subsection (1)(c)-- 26 (a) this Act applies to construction work for operating plant 27 under the P&G Act, unless the work is-- 28 Page 486

 


 

Geothermal Energy Bill 2010 Chapter 10 Amendment of Acts Part 3 Other amendments [s 571] (i) the commissioning of an operating plant; or 1 (ii) the moving of a drill rig; or 2 (iii) the process called `rigging up and down' of a drill 3 rig; and 4 (b) both this Act and the P&G Act apply to construction 5 work for a stage of operating plant or proposed 6 operating plant mentioned in section 672(2) of that Act, 7 unless the work is work mentioned in paragraph (a)(i), 8 (ii) or (iii).'. 9 Division 13 Amendment of other Acts 10 571 Acts amended in sch 2 11 (1) Schedule 2 amends the Acts it mentions. 12 (2) However, subsection (1) does not apply in relation to a 13 particular Act if another provision of this Act states that 14 schedule 2 amends the particular Act. 15 Page 487

 


 

Geothermal Energy Bill 2010 Schedule 1 Schedule 1 Decisions subject to appeal 1 section 329(1) 2 Section Description of decision reference Geothermal permits 57 refusal to approve proposed later work program 62 refusal to approve work program amendment 66 refusal of application for declaration of potential geothermal commercial area 73 decision to take proposed action under section 72 for geothermal permit 120 refusal to approve proposed test plan for production testing 120 imposition of condition on approval of proposed test plan, other than a condition agreed to or requested by the relevant geothermal permit holder Geothermal leases 80 decision not to grant a geothermal lease 97 refusal to approve proposed later development plan 102 refusal to approve development plan amendment Geothermal coordination arrangements 143 cancellation of geothermal coordination arrangement Page 488

 


 

Geothermal Energy Bill 2010 Schedule 1 Section Description of decision reference Decisions under chapter 6 203 decision to require security for geothermal tenure other than security in the form and amount prescribed under section 203(2) 204 decision to require increase in total security required to more than the prescribed amount under section 203(2) when the requirement is made 232 decision to give direction to ease concerns of owner or occupier 236 decision to give road use direction 241 imposition of condition on entry on public land, other than a condition agreed to or requested by the relevant geothermal tenure holder 281 refusal to approve and register third party transfer or sublease 288 refusal to renew geothermal tenure 297 refusal to approve surrender of geothermal tenure 297 decision to approve partial surrender of geothermal tenure subject to the applicant's written agreement to the Minister amending the conditions applying to the rest of the tenure in a stated way, if the applicant has not agreed in writing to the amendment 346 decision to take action to ensure compliance with a requirement under this Act of a geothermal tenure holder other than action to which the holder has agreed 348 refusal to replace instrument for geothermal tenure Page 489

 


 

Geothermal Energy Bill 2010 Schedule 1 Section Description of decision reference Miscellaneous 318 decision to take noncompliance action for geothermal tenure Page 490

 


 

Geothermal Energy Bill 2010 Schedule 2 Schedule 2 Minor and consequential 1 amendments of Acts 2 sections 401, 413, 417, 419, 429, 440, 457, 466, 479, 482, 488, 3 506, 519, 530 561, 564 and 571 4 Part 1 Amendments commencing on 5 date of assent 6 Greenhouse Gas Storage Act 2009 7 1 Long title, from `and to amend'-- 8 omit. 9 2 Section 72(3)(b), `lodgement under paragraph (a)'-- 10 omit, insert-- 11 `the notice is given'. 12 3 Sections 101, 104(3)(b), 245, 246 and 247(1) `GHG viability 13 report'-- 14 omit, insert-- 15 `GHG storage viability report'. 16 4 Section 102(1), `a part'-- 17 omit, insert-- 18 `an area'. 19 Page 491

 


 

Geothermal Energy Bill 2010 Schedule 2 5 Section 157(1), `to for'-- 1 omit, insert-- 2 `for'. 3 6 Section 172(6), definition relevant fee, `lodgement'-- 4 omit, insert-- 5 `giving'. 6 7 Section 184(b)(iii), `or'-- 7 omit, insert-- 8 `; or'. 9 8 Section 189(3)(c), `GHG tenure'-- 10 omit, insert-- 11 `GHG lease'. 12 9 Section 189(4), `GHG tenure'-- 13 omit, insert-- 14 `GHG lease'. 15 10 Section 212, `affect'-- 16 omit, insert-- 17 `effect'. 18 11 Section 267(3)(c), `responsible person'-- 19 omit, insert-- 20 `GHG tenure holder'. 21 Page 492

 


 

Geothermal Energy Bill 2010 Schedule 2 12 Section 290(3), `the Minister must consider the 1 following'-- 2 omit, insert-- 3 `the following must be considered'. 4 13 Section 294(3), `Subsection (4)'-- 5 omit, insert-- 6 `Subsection (2)'. 7 14 Section 381, heading, `other than immediate 8 suspension'-- 9 omit. 10 15 Section 381(2)(c)-- 11 omit. 12 16 Section 381(3)-- 13 omit. 14 17 Section 384(3), `or suspend'-- 15 omit. 16 18 Section 402-- 17 omit. 18 19 Section 406(e)(iii), `or suspended'-- 19 omit. 20 Page 493

 


 

Geothermal Energy Bill 2010 Schedule 2 20 Section 420, heading, `authority-related'-- 1 omit, insert-- 2 `GHG storage'. 3 21 Schedule 2, definition GHG viability report-- 4 omit. 5 22 Schedule 2-- 6 insert-- 7 `GHG storage viability report see section 245(1). 8 relinquishment notice see section 72(3)(a).'. 9 Petroleum and Gas (Production and Safety) Act 2004 10 1 Section 90(1), `a part'-- 11 omit, insert-- 12 `an area'. 13 Page 494

 


 

Geothermal Energy Bill 2010 Schedule 2 Part 2 Amendments relating to land 1 access and owners and 2 occupiers 3 Greenhouse Gas Storage Act 2009 4 1 Section 268(3), `Parts 7, 8 and 10'-- 5 omit, insert-- 6 `Parts 7 and 8 and part 10, division 1'. 7 2 Chapter 5, part 7, divisions 4 to 7-- 8 renumber as chapter 5, part 7, divisions 2 to 5. 9 3 Section 286, heading, `div 4'-- 10 omit, insert-- 11 `div 2'. 12 4 Chapter 5, part 8, division 1, subdivision 3, heading-- 13 omit. 14 5 Sections 305 to 311-- 15 relocate and renumber in chapter 5, part 10, division 2 as 16 inserted under this Act, as sections 325F to 325L. 17 6 Section 325F(3)(b), as relocated and renumbered, 18 `section 311'-- 19 omit, insert-- 20 `section 325L'. 21 Page 495

 


 

Geothermal Energy Bill 2010 Schedule 2 7 Section 325J(3), as relocated and renumbered, `Sections 1 307 and 308'-- 2 omit, insert-- 3 `Sections 325H and 325I'. 4 8 Section 325J(5)(c), as relocated and renumbered, 5 `section 308(1)'-- 6 omit, insert-- 7 `section 325I(1)'. 8 9 Section 325L(2), as relocated and renumbered, `section 9 309'-- 10 omit, insert-- 11 `section 325J'. 12 10 Section 393(5), definition designated provision, first dot 13 point, `, 285'-- 14 omit. 15 11 Chapter 8, after heading-- 16 insert-- 17 `Part 1 Transitional provisions for Act 18 No. 3 of 2009'. 19 12 Section 430, heading, `ch 8'-- 20 omit, insert-- 21 `pt 1'. 22 Page 496

 


 

Geothermal Energy Bill 2010 Schedule 2 13 Sections 430, 433(1) and 436,`chapter'-- 1 omit, insert-- 2 `part'. 3 14 Schedule 2, definition mining lease, `schedule'-- 4 omit, insert-- 5 `schedule 2'. 6 Mineral Resources Act 1989 7 1 Sections 5 and 423, `the schedule'-- 8 omit, insert-- 9 `schedule 2'. 10 2 Section 491(2), `Sections 169 to 174 apply'-- 11 omit, insert-- 12 `Part 10, division 1B applies'. 13 3 Section 491(2), `section 169(1)(a)'-- 14 omit, insert-- 15 `section 335F(b)'. 16 4 Section 491(3), `section 170(3)'-- 17 omit, insert-- 18 `section 335H(3)'. 19 Page 497

 


 

Geothermal Energy Bill 2010 Schedule 2 5 Section 491(4), `section 174'-- 1 omit, insert-- 2 `section 335I'. 3 6 Section 547(2), `Sections 217 to 222 apply'-- 4 omit, insert-- 5 `Part 10, division 1B applies'. 6 7 Section 547(2), `section 217(1)(a)'-- 7 omit, insert-- 8 `section 335F(b)'. 9 8 Section 547(3), `section 218(3)'-- 10 omit, insert-- 11 `section 335H(3)'. 12 9 Section 547(4), `section 222'-- 13 omit, insert-- 14 `section 335I'. 15 Petroleum Act 1923 16 1 Section 2, definition mining lease, `schedule'-- 17 omit, insert-- 18 `schedule 2'. 19 Page 498

 


 

Geothermal Energy Bill 2010 Schedule 2 2 Sections 75IZC(2) and 75IZG(4), `part 6K'-- 1 omit, insert-- 2 `part 6K, division 1'. 3 3 Part 6H, divisions 4 to 6-- 4 renumber as part 6H, divisions 2 to 4. 5 4 Part 6I, division 1, subdivision 3, heading-- 6 omit. 7 5 Sections 79B to 79H-- 8 relocate and renumber in part 6K, division 2 as inserted under 9 this Act, as sections 79VF to 79VL. 10 6 Section 79VF(3)(b), as relocated and renumbered, 11 `section 79H'-- 12 omit, insert-- 13 `section 79VL'. 14 7 Section 79VJ(3) as relocated and renumbered, `Sections 15 79D and 79E'-- 16 omit, insert-- 17 `Sections 79VH and 79VI'. 18 8 Section 79VJ(5)(c) as relocated and renumbered, `section 19 79E(1)'-- 20 omit, insert-- 21 `section 79VI(1)'. 22 Page 499

 


 

Geothermal Energy Bill 2010 Schedule 2 9 Section 79VL(2) as relocated and renumbered, `section 1 79F'-- 2 omit, insert-- 3 `section 79VJ'. 4 Petroleum and Gas (Production and Safety) Act 2004 5 1 Sections 272(2) and 276(4), `chapter 5, part 5'-- 6 omit, insert-- 7 `chapter 5, part 5, division 1'. 8 2 Sections 279(3) and 293(3), `Chapter 5, parts 2, 3 and 5'-- 9 omit, insert-- 10 `Chapter 5, part 5, division 1 and parts 2 and 3'. 11 3 Chapter 5, part 2, divisions 3 to 6-- 12 renumber as divisions 2 to 5. 13 4 Chapter 5, part 3, division 1, subdivision 3, heading-- 14 omit. 15 5 Sections 519 to 525-- 16 relocate and renumber in chapter 5, part 5, division 2 as 17 inserted under this Act, as sections 537F to 537L. 18 6 Section 537F(3)(b), as relocated and renumbered, 19 `section 525'-- 20 omit, insert-- 21 `section 537L'. 22 Page 500

 


 

Geothermal Energy Bill 2010 Schedule 2 7 Section 537J(3), as relocated and renumbered, `Sections 1 521 and 522'-- 2 omit, insert-- 3 `Sections 537H and 537I'. 4 8 Section 537J(5)(c), as relocated and renumbered, 5 `section 522(1)'-- 6 omit, insert-- 7 `section 537I(1)'. 8 9 Section 537L(2), as relocated and renumbered, `section 9 523'-- 10 omit, insert-- 11 `section 537J'. 12 10 Schedule 2, definition mining lease, `schedule'-- 13 omit, insert-- 14 `schedule 2'. 15 Wild Rivers Act 2005 16 1 Section 31(3), definition mining claim, `schedule'-- 17 omit, insert-- 18 `schedule 2'. 19 Page 501

 


 

Geothermal Energy Bill 2010 Schedule 2 Part 3 Amendments of this Act 1 1 Long title, from `, to amend this Act,'-- 2 omit. 3 2 Section 10, `schedule 3'-- 4 omit, insert-- 5 `schedule 2'. 6 3 Schedule 3-- 7 renumber as schedule 2. 8 Part 4 Other amendments 9 Aboriginal Land Act 1991 10 1 Section 41(5), definition relevant purpose-- 11 insert-- 12 `(d) the Geothermal Energy Act 2010.'. 13 2 Section 78(5), definition relevant purpose-- 14 insert-- 15 `(d) the Geothermal Energy Act 2010.'. 16 3 Section 88(1), `or the Petroleum and Gas (Production and 17 Safety) Act 2004'-- 18 omit, insert-- 19 Page 502

 


 

Geothermal Energy Bill 2010 Schedule 2 `, the Petroleum and Gas (Production and Safety) Act 2004 or 1 the Geothermal Energy Act 2010'. 2 4 Section 131(1)(a) and (4)(a)-- 3 omit, insert-- 4 `(a) the interest is a-- 5 (i) mining interest; or 6 (ii) geothermal tenure under the Geothermal Energy 7 Act 2010; or 8 (iii) GHG authority under the Greenhouse Gas Storage 9 Act 2009; or'. 10 5 Schedule, definition interest, paragraph (e)-- 11 omit, insert-- 12 `(e) a geothermal tenure under the Geothermal Energy Act 13 2010; and 14 (f) a GHG authority under the Greenhouse Gas Storage Act 15 2009.'. 16 Coastal Protection and Management Act 1995 17 1 Schedule, definition interest-- 18 insert-- 19 `(d) a geothermal production lease granted under the 20 Geothermal Energy Act 2010.'. 21 Page 503

 


 

Geothermal Energy Bill 2010 Schedule 2 Dangerous Goods Safety Management Act 2001 1 1 Section 3(1)-- 2 insert-- 3 `(g) land that, under the Geothermal Energy Act 2010, is 4 used to carry out geothermal production.'. 5 Environmental Protection Act 1994 6 1 Chapter 5A, part 5, division 5, heading, `petroleum 7 activities'-- 8 omit, insert-- 9 `other chapter 5A activities'. 10 2 Section 311Z, `petroleum activities'-- 11 omit, insert-- 12 `geothermal activities or petroleum activities'. 13 3 Section 579(4)-- 14 insert-- 15 `(e) the Geothermal Act, section 253.'. 16 Page 504

 


 

Geothermal Energy Bill 2010 Schedule 2 Fire and Rescue Service Act 1990 1 1 Section 95(1)(c), after entry for Petroleum and Gas 2 (Production and Safety) Act 2004-- 3 insert-- 4 `· Geothermal Energy Act 2010'. 5 Foreign Ownership of Land Register Act 1988 6 1 Section 4(1), definition interest in land, paragraph (o), 7 after `Coal Mining Safety and Health Act 1999,'-- 8 insert-- 9 `the Geothermal Energy Act 2010,'. 10 Forestry Act 1959 11 1 Section 37(1), after `Mining Acts'-- 12 insert-- 13 `, a geothermal tenure under the Geothermal Act'. 14 2 Section 37(3) and (4), after `Mining Acts'-- 15 insert-- 16 `, the Geothermal Act'. 17 3 Section 39(1)(a), after `Mining Acts'-- 18 insert-- 19 `, the Geothermal Act'. 20 Page 505

 


 

Geothermal Energy Bill 2010 Schedule 2 4 Section 44(2), after `Mining Acts'-- 1 insert-- 2 `, the Geothermal Act'. 3 5 Section 45(1)(f), after `Mining Acts'-- 4 insert-- 5 `, the Geothermal Act'. 6 6 Section 47, heading, `forests'-- 7 omit, insert-- 8 `forest'. 9 7 Section 47(b), after `Mining Acts'-- 10 insert-- 11 `, the Geothermal Act'. 12 8 Section 53(1), after `Mining Acts'-- 13 insert-- 14 `, the Geothermal Act'. 15 9 Section 102(1)(f)-- 16 omit. 17 10 Schedule 3-- 18 insert-- 19 `Geothermal Act means the Geothermal Energy Act 2010.'. 20 Page 506

 


 

Geothermal Energy Bill 2010 Schedule 2 Greenhouse Gas Storage Act 2009 1 1 Chapter 1, part 3-- 2 insert-- 3 `26A What is a resource Act 4 A resource Act is any of the following-- 5 · this Act; 6 · the Geothermal Act; 7 · the Mineral Resources Act; 8 · the 1923 Act; 9 · the P&G Act.'. 10 2 Chapter 4, heading-- 11 omit, insert-- 12 `Chapter 4 Coordination with particular 13 authorities under other 14 resource Acts'. 15 3 Section 184(c)-- 16 omit, insert-- 17 `(c) a geothermal permit.'. 18 4 Section 185, heading-- 19 omit, insert-- 20 `185 Relationship with other resource Acts and overlapping 21 resource authorities'. 22 5 Section 185, from `another Act' to `that Act'-- 23 omit, insert-- 24 Page 507

 


 

Geothermal Energy Bill 2010 Schedule 2 `another resource Act or an authority, tenement or tenure 1 under a resource Act'. 2 6 Section 199, heading, `overlapping authority'-- 3 omit, insert-- 4 `overlapping resource authority'. 5 7 Chapter 4, part 3, division 4, heading-- 6 omit, insert-- 7 `Division 4 Resource management decision'. 8 8 Section 200(1)(a), `other than a geothermal exploration 9 permit'-- 10 omit. 11 9 Section 200(2), `under another Act about the overlapping 12 authority'-- 13 omit, insert-- 14 `, under another resource Act'. 15 10 Section 212(d)-- 16 omit, insert-- 17 `(d) the effect of the GHG lease on safe and efficient use of 18 resources under any overlapping resource authority for 19 the GHG lease if the overlapping resource authority is a 20 lease;'. 21 11 Chapter 4, part 5, heading, `another Act'-- 22 omit, insert-- 23 `resource Act'. 24 Page 508

 


 

Geothermal Energy Bill 2010 Schedule 2 12 Sections 217(a) and 339(2), `another Act'-- 1 omit, insert-- 2 `a resource Act'. 3 13 Section 221(1), `, a mining lease or petroleum lease 4 holder'-- 5 omit, insert-- 6 `a relevant lease holder'. 7 14 Section 221, `GHG permit'-- 8 omit, insert-- 9 `GHG authority'. 10 15 Section 221(8), definition parties, paragraph (a), `lease'-- 11 omit, insert-- 12 `relevant lease'. 13 16 Section 223(1)(a)(ii), `geothermal exploration permit'-- 14 omit, insert-- 15 `geothermal permit'. 16 17 Section 231, heading, `overlapping authority'-- 17 omit, insert-- 18 `overlapping resource authority'. 19 18 Section 231(4)(a), editor's note-- 20 omit. 21 Page 509

 


 

Geothermal Energy Bill 2010 Schedule 2 19 Section 347(a)(i), `to'-- 1 omit, insert-- 2 `as'. 3 20 Section 380(2)(d)(i)(A), `chapter 4, part 5'-- 4 omit, insert-- 5 `chapter 5, part 5'. 6 21 Schedule 2, definition area, paragraph 2, from `an 7 authority' to `the authority'-- 8 omit, insert-- 9 `an authority, tenement or tenure granted under another 10 resource Act is its area as defined under that Act or the area to 11 which the authority, tenement or tenure'. 12 Land Act 1994 13 1 Section 20, heading, after `mining interests'-- 14 insert-- 15 `, geothermal tenures'. 16 2 Section 20(1) and (2), after `mining interest'-- 17 insert-- 18 `, geothermal tenure'. 19 3 Section 20(2)(b), after `Petroleum and Gas (Production 20 and Safety) Act 2004'-- 21 insert-- 22 `, the Geothermal Energy Act 2010'. 23 Page 510

 


 

Geothermal Energy Bill 2010 Schedule 2 4 Section 20(3)-- 1 insert-- 2 `geothermal tenure means a geothermal tenure under the 3 Geothermal Energy Act 2010.'. 4 5 Section 43(8), definition relevant purpose-- 5 insert-- 6 `(d) the Geothermal Energy Act 2010.'. 7 Land Court Act 2000 8 1 Section 32J(1)(b), entry for Geothermal Exploration Act 9 2004-- 10 omit. 11 2 Section 32J(1)(b)-- 12 insert-- 13 `· Geothermal Energy Act 2010 14 · Greenhouse Gas Storage Act 2009'. 15 Land Protection (Pest and Stock Route Management) 16 Act 2002 17 1 Section 17(1)(b)-- 18 omit. 19 Page 511

 


 

Geothermal Energy Bill 2010 Schedule 2 2 Section 17(1)(c) and (d)-- 1 renumber as section 17(1)(b) and (c). 2 3 Chapter 11, part 2, heading, after `provisions'-- 3 insert-- 4 `for Act No. 12 of 2002'. 5 4 Chapter 11, after section 328-- 6 insert-- 7 `Part 3 Savings and transitional 8 provisions for repeal of Act No. 9 30 of 1987 10 `Division 1 Saving provision 11 `329 Saving of operation of particular provisions 12 `Each of the following provisions is declared to be a law to 13 which the Acts Interpretation Act 1954, section 20A applies-- 14 (a) the Timber Utilisation and Marketing Act 1987, section 15 43; 16 Editor's note-- 17 section 43 (Damage upon seizure or removal) of that Act 18 (b) division 2. 19 `Division 2 Transitional provisions 20 `330 Definitions for div 2 21 `In this division-- 22 associated brand, for an existing authorisation, means a brand 23 registered under section 22(1)(a)(ii) of the repealed Act for 24 Page 512

 


 

Geothermal Energy Bill 2010 Schedule 2 use by a person to brand timber that is chemically treated 1 under the authorisation. 2 existing approval means an approval of a preservative 3 treatment for timber under section 15 of the repealed Act, 4 whether the approval was given on the TUMA chief 5 executive's own volition or because of an application under 6 section 16 of that Act. 7 existing authorisation means an authorisation under section 8 22(1)(a)(i) of the repealed Act to chemically treat timber 9 using a preservative treatment for which there is an existing 10 approval. 11 preservative treatment means a preservative treatment under 12 section 6 of the repealed Act. 13 repealed Act means the repealed Timber Utilisation and 14 Marketing Act 1987. 15 Note-- 16 The repealed Act was repealed under the Geothermal Energy Act 2010, 17 section 380. 18 TUMA chief executive means the chief executive of the 19 department in which the repealed Act was administered. 20 `331 Application of div 2 21 `This division applies if-- 22 (a) an existing approval for a preservative treatment was in 23 force immediately before the repeal of the repealed Act; 24 and 25 (b) an existing authorisation had been granted to a person to 26 use the preservative treatment; and 27 (c) the existing authorisation and registration of the 28 associated brand were in force immediately before the 29 repeal of the repealed Act; and 30 (d) the person to whom the existing authorisation was 31 granted is not-- 32 Page 513

 


 

Geothermal Energy Bill 2010 Schedule 2 (i) a registered operator under the Environmental 1 Protection Act 1994 for carrying out chemical 2 treatment of timber to which the authorisation 3 relates; or 4 (ii) acting under a registration certificate under that 5 Act for carrying out the treatment. 6 `332 Existing approval continues 7 `(1) The existing approval continues in force until 31 July 2011 8 unless it is sooner cancelled. 9 `(2) For this section, sections 17(1) and 18(a) and (b) of the 10 repealed Act continue to apply as if the repealed Act had not 11 been repealed. 12 Editor's note-- 13 sections 17 (Cancellation of approval) and 18 (Notice of cancellation to 14 be given) of the repealed Act 15 `333 Existing authorisation and registration continue 16 `(1) The existing authorisation and registration of the associated 17 brand continue in force until 31 July 2011 unless-- 18 (a) the authorisation and registration are sooner cancelled; 19 or 20 (b) the existing approval for the preservative treatment to 21 which the authorisation relates is sooner cancelled. 22 `(2) However, if registration of an associated brand is suspended 23 under section 24 of the repealed Act as applied under 24 subsection (3)(a)(i), the registration is suspended during the 25 period of the suspension under the applied section. 26 `(3) For this section, the following provisions continue to apply as 27 if the repealed Act had not been repealed-- 28 (a) the following provisions of the repealed Act-- 29 (i) section 24, other than subsection (1)(b); 30 (ii) section 28(a) and (d), to the extent it relates to a 31 brand registered under section 22(1)(a) of that Act; 32 Page 514

 


 

Geothermal Energy Bill 2010 Schedule 2 (iii) section 29, other than subsection (1)(e) and (f); 1 (iv) sections 30 and 32; 2 (v) section 36(2), (5), (6), (6A), (7), (8), (9) and (12); 3 (vi) sections 38, 39, 40, 41, 44(1), 49 and 53(1) and (3); 4 (vii) section 6, to the extent it contains definitions 5 relevant to the provisions mentioned in 6 subparagraphs (i) to (vi); 7 (b) the repealed Timber Utilisation and Marketing 8 Regulation 1998, section 10 and schedule 4. 9 Editor's note-- 10 · section 24 (Cancellation of authorisation and cancellation or 11 suspension of registration) of the repealed Act 12 · sections 28 (Use of registered brands), 29 (Sale of 13 preservative-treated timber), 30 (Certain timber not to be removed 14 from preservative treatment plant) and 32 (Exceptions to the 15 provisions of ss 30 and 31) of the repealed Act 16 · sections 36 (Implied conditions), 38 (Powers of forest officers), 39 17 (Entry into dwelling house), 40 (Forest officer may require name 18 and address), 41 (Obstruction of forest officer etc.), 44 (Offences), 19 49 (Sale of untreated timber branded with H level) and 53 20 (Regulation making power) of the repealed Act 21 · repealed Timber Utilisation and Marketing Regulation 1998, 22 section 10 (Assignable H levels and conditions--Act, s 53(3)) and 23 schedule 4 (H levels and conditions)'. 24 5 Schedule 3, definition owner, paragraph (a)(vi) to (viii)-- 25 renumber as paragraph (a)(vii) to (ix). 26 6 Schedule 3, definition owner, paragraph (a)-- 27 insert-- 28 `(vii)for land subject to a geothermal production lease 29 under the Geothermal Energy Act 2010--the 30 holder of the lease; or'. 31 Page 515

 


 

Geothermal Energy Bill 2010 Schedule 2 Local Government Act 2009 1 1 Schedule 4, definition owner, paragraph (a)(viii)-- 2 omit, insert-- 3 `(viii)a lessee of land under any of the following Acts-- 4 · the Geothermal Energy Act 2010 5 · the Greenhouse Gas Storage Act 2009 6 · the Petroleum Act 1923 7 · the Petroleum and Gas (Production and 8 Safety) Act 2004; or'. 9 Nature Conservation Act 1992 10 1 Section 27, heading, after `mining'-- 11 insert-- 12 `, geothermal activities'. 13 2 Section 27(1), after `mining interest'-- 14 insert-- 15 `, geothermal tenure'. 16 3 Section 45(2)(a), after `mining interest'-- 17 insert-- 18 `, geothermal tenure'. 19 4 Section 45(2)(a), `or GHG authority holder'-- 20 omit, insert-- 21 `or authority holder'. 22 Page 516

 


 

Geothermal Energy Bill 2010 Schedule 2 5 Section 70QA, heading, after `mining'-- 1 insert-- 2 `, geothermal activities'. 3 6 Section 70QA, after `section 27'-- 4 insert-- 5 `, a geothermal tenure'. 6 7 Schedule-- 7 insert-- 8 `geothermal tenure see the Geothermal Energy Act 2010, 9 section 19(2).'. 10 8 Schedule, definition interest, after `mining interest'-- 11 insert-- 12 `, geothermal tenure'. 13 9 Schedule, definition State land, paragraph (d), after 14 `mining interest'-- 15 insert-- 16 `, geothermal tenure'. 17 Petroleum Act 1923 18 1 Section 75W(6)(a)(ii), `geothermal exploration permit'-- 19 omit, insert-- 20 `geothermal tenure'. 21 Page 517

 


 

Geothermal Energy Bill 2010 Schedule 2 2 Section 80U(2)(e)(i)-- 1 omit, insert-- 2 `(i) is not an authorised activity for the tenure or that, 3 under any of the following, can not be carried out 4 on the land-- 5 (A) the Geothermal Act, chapter 5; 6 (B) the GHG storage Act, chapter 4; 7 (C) the Mineral Resources Act, section 3A or 8 part 7AAC; and'. 9 Petroleum and Gas (Production and Safety) Act 2004 10 1 Section 24A(2), definition resource Acts, dot points for 11 Geothermal Exploration Act 2004 and Geothermal Energy 12 Act 2010-- 13 omit, insert-- 14 `· Geothermal Act'. 15 2 Section 294(6)(a)(ii), `geothermal exploration permit'-- 16 omit, insert-- 17 `geothermal tenure'. 18 3 Section 791(2)(d)(i)-- 19 omit, insert-- 20 `(i) is not an authorised activity for the authority or 21 that, under any of the following, can not be carried 22 out on the land-- 23 (A) the Geothermal Act, chapter 5; 24 (B) the GHG storage Act, chapter 4; 25 Page 518

 


 

Geothermal Energy Bill 2010 Schedule 2 (C) the Mineral Resources Act, section 3A or 1 part 7AAC; and'. 2 Queensland Heritage Act 1992 3 1 Schedule, definition owner, paragraph 1, after second 4 occurring paragraph (d)-- 5 insert-- 6 `(da) for land in the area of a geothermal tenure under the 7 Geothermal Energy Act 2010--the person who holds 8 the tenure; or'. 9 2 Schedule, definition owner, paragraph 1(d), first 10 occurring, to paragraph (g)-- 11 renumber as paragraphs (c) to (h). 12 3 Schedule, definition owner, paragraph 1(c) as 13 renumbered, `.'-- 14 omit, insert-- 15 `; or'. 16 State Development and Public Works Organisation 17 Act 1971 18 1 Section 26(7)-- 19 omit, insert-- 20 `(7) If the project involves a proposed geothermal production lease 21 under the Geothermal Energy Act 2010, the 22 coordinator-general must also give a copy of the gazette 23 Page 519

 


 

Geothermal Energy Bill 2010 Schedule 2 notice to the Minister for the time being administering that 1 Act.'. 2 2 Section 35(4)(b), `or 49E'-- 3 omit, insert-- 4 `, 49E or 49G'. 5 3 Section 35I(2)(a), `or 49E'-- 6 omit, insert-- 7 `, 49E or 49G'. 8 4 Part 4-- 9 insert-- 10 `Division 6C Relationship with Geothermal 11 Energy Act 2010 12 `49F Application of div 6C 13 `This division applies if the project involves a proposed 14 geothermal production lease under the Geothermal Energy 15 Act 2010. 16 `49G Application of coordinator-general's report to 17 proposed lease 18 `(1) The coordinator-general's report for the EIS for the project 19 may state conditions for the proposed lease. 20 `(2) If conditions under subsection (1) are included in the report, 21 the coordinator-general must give the Minister of the 22 department in which the Geothermal Energy Act 2010 is 23 administered a copy of the report.'. 24 Page 520

 


 

Geothermal Energy Bill 2010 Schedule 2 Survey and Mapping Infrastructure Act 2003 1 1 Section 21(2)(b)-- 2 insert-- 3 `(vi) a geothermal tenure under the Geothermal Energy 4 Act 2010.'. 5 Sustainable Planning Act 2009 6 1 Section 632(4), after `Petroleum and Gas (Production and 7 Safety) Act 2004'-- 8 insert-- 9 `, the Geothermal Energy Act 2010'. 10 2 Section 642(2), after `Petroleum and Gas (Production and 11 Safety) Act 2004'-- 12 insert-- 13 `, the Geothermal Energy Act 2010'. 14 Torres Strait Islander Land Act 1991 15 1 Section 3, definition interest, paragraph (e)-- 16 omit, insert-- 17 `(e) a geothermal tenure under the Geothermal Energy Act 18 2010; and'. 19 Page 521

 


 

Geothermal Energy Bill 2010 Schedule 2 2 Section 38(5), definition relevant purpose-- 1 insert-- 2 `(c) the Greenhouse Gas Storage Act 2009; or 3 (d) the Geothermal Energy Act 2010.'. 4 3 Section 85(1), `or the Petroleum and Gas (Production and 5 Safety) Act 2004'-- 6 omit, insert-- 7 `, the Petroleum and Gas (Production and Safety) Act 2004 or 8 the Geothermal Energy Act 2010'. 9 4 Section 128(1)(a)(ii) and (3)(a)(ii)-- 10 omit, insert-- 11 `(ii) geothermal tenure under the Geothermal Energy 12 Act 2010; or'. 13 Valuation of Land Act 1944 14 1 Section 2-- 15 insert-- 16 `geothermal lease means a geothermal production lease under 17 the Geothermal Energy Act 2010.'. 18 2 Section 7(2)(d), after `occupier of a'-- 19 insert-- 20 `geothermal lease,'. 21 Page 522

 


 

Geothermal Energy Bill 2010 Schedule 2 3 Section 26, heading-- 1 omit, insert-- 2 `26 Valuation of geothermal, GHG and petroleum leases'. 3 4 Section 26(1), `comprised in a petroleum lease or GHG 4 lease shall be'-- 5 omit, insert-- 6 `in the area of a geothermal lease, GHG lease or petroleum 7 lease is'. 8 5 Section 26(2), definition yearly rent-- 9 omit, insert-- 10 `yearly rent, for a geothermal lease, GHG lease or petroleum 11 lease is the annual rent under the Act under which the lease is 12 granted on the date at which all lands in the lease's area are 13 required to be valued.'. 14 Whistleblowers Protection Act 1994 15 1 Schedule 2-- 16 insert-- 17 Geothermal Energy Act 2010 18 · All provisions for which a contravention is an offence'. 19 20 Page 523

 


 

Geothermal Energy Bill 2010 Schedule 3 Schedule 3 Dictionary 1 section 10 2 1923 Act see section 8(c). 3 1923 Act petroleum tenure see the 1923 Act, section 2. 4 access agreement see section 220(2). 5 access land, for a geothermal tenure, see section 219(3). 6 access rights see section 219(2). 7 advanced activity, for a provision about a geothermal tenure, 8 means an authorised activity for the tenure other than a 9 preliminary activity for the tenure. 10 Examples-- 11 · levelling of drilling pads and digging sumps 12 · earthworks associated with pipeline installation 13 · vegetation clear-felling 14 · constructing an exploration camp, concrete pad, sewage or water 15 treatment facility or fuel dump 16 · geophysical surveying with physical clearing 17 · carrying out a seismic survey using explosives 18 · constructing a track or access road 19 · changing a fence line 20 appeal period, for a decision, means the period provided for 21 under section 330 for starting an appeal against the decision. 22 applicant, for chapter 5, part 3, see section 145(a). 23 application period, for a released area, see section 34(4). 24 appropriately qualified, for the performance of a function or 25 exercise of a power, includes having the qualifications, 26 experience and competence to perform the function or 27 exercise the power. 28 approved form means the form approved under section 377. 29 Page 524

 


 

Geothermal Energy Bill 2010 Schedule 3 area-- 1 1 The area, of a geothermal tenure, is the land to which 2 the tenure is subject as recorded in the geothermal 3 register. 4 2 The area of an authority, tenement or tenure granted 5 under another resource Act is its area as defined under 6 that Act or the area to which the authority, tenement or 7 tenure is subject under that Act. 8 authorised activity, for a geothermal tenure, see section 22. 9 authorised person, for chapter 6, part 14, see section 299(2). 10 authorised officer means an authorised officer under the P&G 11 Act. 12 authority to prospect means an authority to prospect under the 13 1923 Act or the P&G Act. 14 block see section 26(1). 15 capability criteria-- 16 (a) for a geothermal permit or proposed geothermal 17 permit--see section 41(b); or 18 (b) for a geothermal lease or proposed geothermal 19 lease--see section 81(j). 20 compensation agreement, for chapter 6, part 8, division 2, see 21 section 258(1). 22 compensation application, for chapter 6, part 8, division 2, 23 means an application made under section 259(1). 24 compensation liability-- 25 (a) for chapter 6, part 8, division 1--see section 246(2); or 26 (b) for chapter 6, part 8, division 2--see section 257(2). 27 conditions, of a geothermal tenure, see section 20. 28 conduct and compensation agreement see section 247(1). 29 conduct and compensation agreement requirement see 30 section 215(2). 31 construct, a structure, includes placing the structure. 32 Page 525

 


 

Geothermal Energy Bill 2010 Schedule 3 conviction includes a finding of guilt or the acceptance of a 1 plea of guilty by a court, whether or not a conviction is 2 recorded. 3 costs, incurred by the State, includes the cost of services the 4 State provides for itself. 5 dangerous situation means a situation relating to a 6 geothermal activity, a GHG stream or petroleum or fuel gas in 7 which an inspector reasonably believes an imminent risk of 8 material harm to persons or property is likely if action is not 9 taken to avoid, eliminate or minimise the risk. 10 dealing, with a geothermal tenure, see section 272. 11 deferral agreement see section 216(c)(i). 12 development plan, for a geothermal lease, see section 25(1). 13 development plan criteria see section 91(2). 14 drill includes to bore. 15 eligible claimant, for compensation, see section 246(1). 16 eligible person see section 23. 17 enter, a place, includes to exercise, in relation to the place, 18 access rights or the rights under section 372. 19 entry notice-- 20 (a) for chapter 6, part 5--see section 210(1); or 21 (b) for chapter 6, part 6--see section 238(2)(b). 22 Environmental Protection Act means the Environmental 23 Protection Act 1994. 24 excluded land-- 25 (a) for a particular geothermal tenure--means excluded 26 land for the tenure decided under section 185; or 27 (b) generally--means any excluded land mentioned in 28 paragraph (a). 29 executive officer, of a corporation, means a person who is 30 concerned with or takes part in its management, whether or 31 Page 526

 


 

Geothermal Energy Bill 2010 Schedule 3 not the person is a director or the person's position is given 1 the name of executive officer. 2 exempt heat pump production see section 15. 3 exploration authority (non-geothermal) see section 135. 4 fee includes tax. 5 first authority, for chapter 6, part 7, see section 242(1). 6 geothermal activity see section 18. 7 geothermal assessment criteria see section 146(1)(b). 8 geothermal coordination arrangement see section 137(4). 9 geothermal energy see section 11. 10 geothermal exploration see section 13. 11 geothermal exploration permit (also called a geothermal 12 permit) see section 19(1)(a). 13 geothermal heat pump means a system for central heating or 14 air conditioning that actively pumps heat to or from below 15 ground of no more than 200m, using a fluid circulation 16 medium. 17 Example of a fluid circulation medium-- 18 water 19 Note-- 20 Geothermal heat pumps are known by a variety of other names, 21 including geoexchange heat pumps, earth-coupled heat pumps, earth 22 energy heart pumps, ground-source heat pumps and water-source heat 23 pumps. 24 geothermal lease means a geothermal production lease. 25 geothermal permit means a geothermal exploration permit. 26 geothermal producer see section 104(1). 27 geothermal production see section 14. 28 geothermal production lease (also called a geothermal lease) 29 see section 19(1)(b). 30 geothermal register means the register the chief executive 31 keeps under section 266. 32 Page 527

 


 

Geothermal Energy Bill 2010 Schedule 3 geothermal resources see section 12. 1 geothermal royalty means the geothermal royalty mentioned 2 in section 104(1). 3 geothermal statement see section 146(1)(a). 4 geothermal tenure see section 19(2). 5 geothermal viability report see section 378(2)(a)(i). 6 geothermal well-- 7 1 A geothermal well is a hole in the ground made or being 8 made by drilling or any other means to carry out 9 geothermal exploration or geothermal production. 10 2 A geothermal well includes the casing for the well and 11 any of the following attached to the well-- 12 · the casing head 13 · a casing hanger or spool or tubing hanger 14 · flow control equipment up to and including the 15 wing valves. 16 3 To remove any doubt, it is declared that a geothermal 17 well does not include a seismic shot hole or shallow hole 18 drilled to work out a geological structure. 19 GHG means greenhouse gas. 20 GHG authority see the GHG storage Act, section 18(3). 21 GHG lease see the GHG storage Act, section 18(1)(b). 22 GHG permit see the GHG storage Act, section 18(1)(a). 23 GHG storage see the GHG storage Act, section 3(2). 24 GHG storage Act see section 8(a). 25 GHG stream see the GHG storage Act, section 12. 26 holder, of a geothermal tenure, means each person recorded as 27 its holder in the geothermal register. 28 holder submissions see section 149(1). 29 independent viability assessment see section 378(2)(a)(ii). 30 Page 528

 


 

Geothermal Energy Bill 2010 Schedule 3 information notice, for a decision, means a notice stating the 1 following-- 2 (a) the decision, and the reasons for it; 3 (b) the rights of appeal under this Act; 4 (c) the period in which any appeal under this Act must be 5 started; 6 (d) how rights of appeal under this Act are to be exercised; 7 (e) that a stay of a decision the subject of an appeal under 8 this Act may be applied for under this Act. 9 initial development plan requirements see section 87. 10 initial work program requirements see section 45. 11 inspector means an inspector under the P&G Act. 12 land includes-- 13 (a) land covered by Queensland waters; and 14 (b) subterranean land. 15 land access code see the P&G Act, section 24A. 16 large-scale, for geothermal production, means geothermal 17 production that is of a large-scale as that term is affected by 18 section 16. 19 later development plan requirements see section 93. 20 later work program requirements see section 51. 21 made, for an application, means made at the place provided 22 for under section 356. 23 mandatory condition, of a geothermal tenure, see section 24 20(2). 25 mandatory provision, of the land access code, means a 26 provision of that code that the code requires compliance with. 27 Mineral Resources Act see section 8(b). 28 minimum negotiation period see section 250(2)(a). 29 mining interest means-- 30 (a) a mining tenement under the Mineral Resources Act; or 31 Page 529

 


 

Geothermal Energy Bill 2010 Schedule 3 (b) a tenure held from the State under another Act about 1 mining under which tenure the holder is authorised to 2 carry out mining under the Mineral Resources Act or a 3 related mineral or energy resources activity. 4 mining lease see the Mineral Resources Act, schedule 2. 5 negotiation notice see section 249(1). 6 noncompliance action means action of a type mentioned in 7 section 314. 8 notice means a written notice. 9 notifiable road use, for a geothermal tenure, see section 10 234(1). 11 occupier, of a place, means-- 12 (a) a person who has a right to occupy the place other than 13 under a mining interest, petroleum authority, 1923 Act 14 petroleum tenure, GHG authority or geothermal tenure; 15 or 16 (b) a person who has been given a right to occupy the place 17 by a person mentioned in paragraph (a). 18 on, land or another place, includes across, attached to, in, 19 under or over the land or place. 20 operating plant see the P&G Act, section 670. 21 operator, of an operating plant, see the P&G Act, section 673. 22 overlapping authority application period see section 155(2). 23 overlapping authority priority see section 149(3)(b). 24 overlapping resource authority see section 134. 25 owner-- 26 1 An owner, of land, means each person as follows in 27 relation to the land-- 28 (a) for freehold land--a registered owner; 29 (b) for land for which a person is, or will be on 30 performing conditions, entitled to a deed of grant 31 in fee simple--the person; 32 Page 530

 


 

Geothermal Energy Bill 2010 Schedule 3 (c) if an estate in fee simple of land is being purchased 1 from the State--the purchaser; 2 (d) for a public road--the public road authority for the 3 road; 4 (e) for land that is busway land, light rail land, rail 5 corridor land or a cane railway or other 6 railway--the public land authority for the land; 7 (f) for required land under the Transport 8 Infrastructure Act 1994, section 436--the chief 9 executive of the department in which that Act is 10 administered; 11 (g) for a forest entitlement area, State forest or timber 12 reserve under the Forestry Act 1959--the chief 13 executive of the department in which that Act is 14 administered; 15 (h) for a conservation park or resources reserve under 16 the Nature Conservation Act 1992 (the NCA) for 17 which there are trustees-- 18 (i) if, under the NCA, the park or reserve has 19 trustees whose powers are not 20 restricted--the trustees; or 21 (ii) otherwise--the chief executive of the 22 department in which the NCA is 23 administered; 24 (i) for DOGIT land under the Aboriginal Land Act 25 1991 or the Torres Strait Islander Land Act 26 1991--a trustee for the land; 27 (j) for land held under a lease under the Local 28 Government (Aboriginal Lands) Act 1978, section 29 3--a local government in whose area the land is 30 situated; 31 (k) for Torres Strait Islander land under the Torres 32 Strait Islander Land Act 1991 that is taken to be a 33 reserve because of section 84(2) or 84(4)(b) of that 34 Act--each grantee of the land; 35 Page 531

 


 

Geothermal Energy Bill 2010 Schedule 3 (l) for land under the Land Act 1994 for which there 1 are trustees--a trustee; 2 (m) for transport land under the Transport Planning 3 and Coordination Act 1994--the chief executive of 4 the department in which that Act is administered; 5 (n) for land vested in the Minister administering the 6 Education (General Provisions) Act 2006--that 7 Minister; 8 (o) for land vested in the Queensland Housing 9 Commission or another Minister or a chief 10 executive responsible for constructing public 11 buildings--the Minister administering the relevant 12 Act; 13 (p) for land held from the State under another Act 14 under an interest that is less than fee simple (other 15 than occupation rights under a permit under the 16 Land Act 1994)--the person who holds the 17 interest; 18 (q) for any of the following land under the NCA--the 19 State-- 20 (i) a national park; 21 (ii) a national park (Aboriginal land); 22 (iii) a national park (scientific); 23 (iv) a national park (Torres Strait Islander land); 24 (v) a national park (recovery); 25 (vi) a forest reserve. 26 2 Also, a mortgagee of land is the owner of land if-- 27 (a) the mortgagee is acting as mortgagee in possession 28 of the land and has the exclusive management and 29 control of the land; or 30 (b) the mortgagee or a person appointed by the 31 mortgagee is in possession of the land and has the 32 exclusive management and control of the land. 33 Page 532

 


 

Geothermal Energy Bill 2010 Schedule 3 3 If land or another thing has more than 1 owner, a 1 reference in this Act to the owner of the land or thing is 2 a reference to each of its owners. 3 P&G Act see section 4. 4 P&G Act safety provisions see section 4(a). 5 parties-- 6 (a) for chapter 6, part 8, division 1, subdivision 4, see 7 section 250(1); or 8 (b) for chapter 7, part 1, see section 307. 9 penalty relinquishment means a relinquishment that is-- 10 (a) made under a requirement under section 314(1)(b); and 11 (b) more than the blocks or sub-blocks required to be 12 relinquished under the relinquishment condition. 13 petroleum authority see the P&G Act, section 18(2). 14 petroleum lease means a petroleum lease under the P&G Act 15 or a lease under the 1923 Act. 16 petroleum tenure means any authority to prospect or any 17 petroleum lease. 18 pipeline licence see the P&G Act, section 18(1)(f). 19 place includes land. 20 plan period, for a development plan, means the period for 21 which the plan applies. 22 potential geothermal commercial area, for a geothermal 23 permit, means an area declared under section 66 to be a 24 potential geothermal commercial area for the permit. 25 preliminary activity-- 26 1 Subject to paragraphs 2 to 4, a preliminary activity, for a 27 provision about a geothermal tenure, means an 28 authorised activity for the tenure that will have no 29 impact, or only a minor impact, on the business 30 activities of any owner or occupier of the land on which 31 the activity is to be carried out. 32 Examples-- 33 Page 533

 


 

Geothermal Energy Bill 2010 Schedule 3 · walking the area of the permit or licence 1 · driving along an existing road or track in the area 2 · taking soil or water samples 3 · drilling without constructing earthworks 4 · geophysical surveying without physical clearing 5 · aerial, electrical or environmental surveying 6 · seismic surveying without using explosives 7 · survey pegging 8 2 An authorised activity for the geothermal tenure 9 mentioned in paragraph 1 ceases to be a preliminary 10 activity if it is carried out by or for the tenure holder for 11 a continuous period of 6 months. 12 3 However, if after the 6 month period mentioned in 13 paragraph 2 the authorised activity ceases and is 14 resumed, on the resumption it becomes a preliminary 15 activity. 16 4 The following are not preliminary activities-- 17 (a) an authorised activity carried out on land that-- 18 (i) is less than 100ha; and 19 (ii) is being used for intensive farming or 20 broadacre agriculture; 21 Examples-- 22 · land used for dryland or irrigated cropping, plantation 23 forestry or horticulture 24 · a dairy, cattle or sheep feedlot, piggery or poultry 25 farm 26 (b) an authorised activity carried out within 600m of a 27 school or an occupied residence; 28 (c) an authorised activity that affects the lawful 29 carrying out of an organic or bio-organic farming 30 system. 31 private land-- 32 1 Private land is-- 33 Page 534

 


 

Geothermal Energy Bill 2010 Schedule 3 (a) freehold land; or 1 (b) an interest in land less than fee simple held from 2 the State under another Act. 3 2 However, land is not private land to the extent of an 4 interest in any of the following relating to the land-- 5 (a) a mining interest; 6 (b) a petroleum authority or 1923 Act petroleum 7 tenure; 8 (c) a GHG authority; 9 (d) a geothermal tenure; 10 (e) an occupation right under a permit under the Land 11 Act 1994. 12 3 Also, land owned by a public land authority is not 13 private land. 14 production commencement day, for a geothermal lease, see 15 section 82(5)(c). 16 production testing see section 17. 17 program period, for a work program, means the period for 18 which the program applies. 19 proposed action see section 72(1)(a). 20 proposed activities for-- 21 (a) a proposed initial work program--see section 47(1)(b); 22 or 23 (b) a proposed initial development program--see section 24 89(1)(a). 25 provision, of a geothermal tenure, means a provision of the 26 tenure as that term is affected by section 21. 27 public land means land other than-- 28 (a) private land; or 29 (b) to the extent an interest in any of the following relates to 30 the land-- 31 Page 535

 


 

Geothermal Energy Bill 2010 Schedule 3 (i) a mining interest; 1 (ii) a petroleum authority or 1923 Act petroleum 2 tenure; 3 (iii) a GHG authority; 4 (iv) a geothermal tenure; 5 (v) an occupation right under a permit under the Land 6 Act 1994. 7 public land authority means-- 8 (a) for a public road--the public road authority for the road; 9 or 10 (b) if a local government or other authority is, under an Act, 11 charged with the control of the land--the local 12 government or other authority; or 13 (c) otherwise--the chief executive of the department 14 administering the Act under which entry to the land is 15 administered. 16 public road means an area of land that-- 17 (a) is open to or used by the public; and 18 (b) is developed for or has as one of its main uses-- 19 (i) the driving or riding of motor vehicles; or 20 (ii) pedestrian traffic; and 21 (c) is controlled by a public road authority. 22 Examples of an area of land that may be included in a road-- 23 · a bridge, culvert, ford, tunnel or viaduct 24 · a pedestrian or bicycle path 25 public road authority, for a public road, means-- 26 (a) for a State-controlled road--the chief executive of the 27 department in which the Transport Infrastructure Act 28 1994 is administered; or 29 (b) for another public road--the local government having 30 the control of the road. 31 Page 536

 


 

Geothermal Energy Bill 2010 Schedule 3 publish, a notice, means to publish it in any of the following 1 ways-- 2 (a) in a journal published by the department or under the 3 Minister's authority; 4 (b) in another publication the Minister considers 5 appropriate; 6 (c) on the department's website; 7 (d) by placing it on a public notice board, established and 8 maintained by the department at-- 9 (i) the department's head office; and 10 (ii) other places the chief executive considers 11 appropriate. 12 reasonably believes means to believe on grounds that are 13 reasonable in the circumstances. 14 reasonably considers means to consider on grounds that are 15 reasonable in the circumstances. 16 reasonably satisfied means to be satisfied on grounds that are 17 reasonable in the circumstances. 18 registration, for a dealing, means recorded in the geothermal 19 register. 20 released area see section 34(3). 21 relevant authority, for a geothermal coordination 22 arrangement, see section 137(2). 23 relevant environmental authority, for a geothermal tenure or 24 proposed geothermal tenure, means the environmental 25 authority required under the Environmental Protection Act 26 issued for all of the authorised activities for the tenure or 27 proposed tenure that are environmentally relevant activities 28 under that Act. 29 relevant environmental condition, for a provision about a 30 geothermal tenure or proposed geothermal tenure, means a 31 condition of the relevant environmental authority for the 32 tenure or proposed tenure. 33 Page 537

 


 

Geothermal Energy Bill 2010 Schedule 3 relevant land, for a geothermal lease application, means the 1 land the subject of the application. 2 relevant lease, for a geothermal lease application, see section 3 155(2). 4 relevant owner or occupier, for a provision about entry 5 notices, means the owner or occupier to whom the entry 6 notice is to be given, or would be given, other than for an 7 exemption from the requirement to give an entry notice. 8 relevant Water Act authorisation, for a provision about a 9 geothermal tenure or proposed geothermal tenure, means any 10 authorisation required under the Water Act to take or interfere 11 with water needed for activities carried out or proposed to be 12 carried out under the tenure. 13 relinquishment condition, for a geothermal permit, is the 14 relinquishment condition under section 109(1). 15 relinquishment notice see section 109(2)(a). 16 remedial powers see section 299(2). 17 report means a written report. 18 required information, for chapter 6, part 2, division 3, see 19 section 194. 20 required way, for giving reports to the chief executive, see 21 section 189(5). 22 resource Act see section 27. 23 resource management decision see section 151. 24 restricted area see section 33(1). 25 road use direction see section 236(1). 26 safety management plan see the P&G Act, schedule 2. 27 second authority, for chapter 6, part 7, see section 242(1). 28 security includes a bond, deposit of an amount as security, 29 guarantee, indemnity or other surety, insurance, mortgage and 30 undertaking. 31 Page 538

 


 

Geothermal Energy Bill 2010 Schedule 3 services of the State has the same meaning that the term has in 1 relation to the State of Queensland under the Copyright Act 2 1968 (Cwlth), section 183(1). 3 share, of a geothermal tenure, means any interest held by a 4 person as a holder of the tenure in all of the tenure's area. 5 significant project means a project declared under the State 6 Development and Public Works Organisation Act 1971, 7 section 26, to be a significant project. 8 State-controlled road see Transport Infrastructure Act 1994, 9 schedule 6. 10 structure means anything built or constructed, whether or not 11 attached to land. 12 sub-block see section 26(2). 13 sublease, for chapter 6, part 11, means a sublease of a 14 geothermal lease. 15 submission means a written submission. 16 surrender, for chapter 6, part 13, see section 295(2). 17 surrender application see section 295(1)(a). 18 third party transfer, of a geothermal tenure, see section 274. 19 waiver of entry notice-- 20 (a) for chapter 6, part 5--means a waiver of entry notice 21 mentioned in section 212 that complies with section 22 213(1); or 23 (b) for chapter 6, part 6--see section 238(3). 24 Water Act means the Water Act 2000. 25 wet geothermal production means geothermal production by 26 the extraction of hot water from a subartesian basin. 27 work program, for a geothermal permit, see section 24. 28 work program criteria see section 49(2). 29 © State of Queensland 2010 Page 539

 


 

AMENDMENTS TO BILL

Geothermal Energy Bill 2010 Geothermal Energy Bill 2010 Amendments agreed to during Consideration 1 Clause 9 (Act does not affect other rights or remedies) Page 45, line 7, after `sections 201'-- insert-- `, 353A'. 2 After clause 127 Page 104, after line 6-- insert-- `127A Obligation to consult with particular owners and occupiers `(1) A geothermal tenure holder must consult or use reasonable endeavours to consult with each owner and occupier of private or public land on which authorised activities for the tenure are proposed to be carried out or are being carried out. `(2) The consultation must be about-- (a) access; and (b) the carrying out of authorised activities for the geothermal tenure (including, for example, crossing access land for the tenure) to the extent they relate to the owners and occupiers; and (c) the geothermal tenure holder's compensation liability to the owners or occupiers.'. 3 Clause 211 (Required contents of entry notice) Page 152, after line 3-- insert-- `(aa) the geothermal tenure; and'. Page 1

 


 

Geothermal Energy Bill 2010 4 Clause 211 (Required contents of entry notice) Page 152, line 9-- omit, insert-- `(a) generally-- (i) for a geothermal permit--6 months; or (ii) for a geothermal lease--1 year; or'. 5 Clause 246 (General liability to compensate) Page 173, lines 6 to 15-- omit, insert-- `compensatable effect means all or any of the following-- (a) all or any of the following relating to the eligible claimant's land-- (i) deprivation of possession of its surface; (ii) diminution of its value; (iii) diminution of the use made or that may be made of the land or any improvement on it; (iv) severance of any part of the land from other parts of the land or from other land that the eligible claimant owns; (v) any cost, damage or loss arising from the carrying out of activities under the geothermal tenure on the land; (b) accounting, legal or valuation costs the claimant necessarily and reasonably incurs to negotiate or prepare a conduct and compensation agreement, other than the costs of a person facilitating an ADR; Examples of negotiation-- an ADR or conference (c) consequential damages the eligible claimant incurs because of a matter mentioned in paragraph (a) or (b).'. Page 2

 


 

Geothermal Energy Bill 2010 6 Clause 250 (Negotiations) Page 176, lines 27 to 29-- omit, insert-- `(a) must be at least for the period provided for under section 250A (the minimum negotiation period); but'. 7 After clause 250 Page 177, after line 5-- insert-- `250A Provision for the minimum negotiation period `(1) Generally, the minimum negotiation period is 20 business days from the giving of the negotiation notice (the usual period). `(2) Either party may, within the usual period, ask the other to agree to a longer minimum negotiation period because of stated reasonable or unforeseen circumstances. `(3) If the other party so agrees, the longer minimum negotiation period is the minimum negotiation period.'. 8 Clause 252 (Parties may seek mediation) Page 177, lines 17 to 27-- omit, insert-- `252 Parties may seek conference or independent ADR `(1) This section applies if, at the end of the minimum negotiation period, the parties have not entered into a conduct and compensation agreement or deferral agreement. `(2) Either party may by a notice (an election notice)-- (a) to the other party and an authorised officer--ask for an authorised officer to call a conference to negotiate a conduct and compensation agreement; or Page 3

 


 

Geothermal Energy Bill 2010 (b) to the other party--call upon them to agree to an alternative dispute resolution process (an ADR) to negotiate a conduct and compensation agreement. `(3) If the notice calls for an ADR, it must-- (a) identify the ADR; and (b) state that the party giving the notice agrees to bear the costs of the person who will facilitate the ADR (the facilitator). `(4) An ADR may be a process of any kind including, for example, conciliation or mediation. `(5) However, the facilitator must be independent of either party. `252A Conduct of conference or ADR `(1) This section applies if an election notice is given. `(2) If a conference was requested-- (a) the authorised officer must take all reasonable steps to ensure the conference is finished within 20 business days after the notice is given (the usual period); and (b) chapter 7, part 1 applies for the conference. `(3) If an ADR was called for, the parties must use reasonable endeavours to finish it within 20 business days after the giving of the notice (also the usual period). `(4) Either party may, within the usual period, ask the other to agree to a longer period to finish the conference or ADR because of stated reasonable or unforeseen circumstances. `(5) If the parties agree to the longer period, that period applies instead of the usual period. `(6) If an ADR was called for, section 309 applies to the ADR as if a reference in the section to a conference were a reference to an ADR. Editor's note-- section 309 (What happens if a party does not attend)'. Page 4

 


 

Geothermal Energy Bill 2010 9 Clause 253 (Deciding compensation through Land Court if mediation not called or after unsuccessful mediation) Page 178, lines 3 to 16-- omit, insert-- `253 Land Court may decide if negotiation process unsuccessful `(1) This section applies if an election notice is given and-- (a) a party asked an authorised officer to call a conference and the authorised officer does not finish it within the period required under section 252A (the required period); or (b) a party called for an ADR and the person facilitating the ADR does not finish it within the period required under section 252A (also the required period). `(2) This section also applies if an election notice is given and-- (a) only 1 party attended the conference requested or ADR called for; or (b) both parties attended the conference or ADR and, at the end of the required period, there is no conduct and compensation agreement between the parties.'. 10 Clause 253 (Deciding compensation through Land Court if mediation not called or after unsuccessful mediation) Page 178, line 31 and page 179, lines 1 to 3-- omit, insert-- `eligible party means a party who attended the conference or ADR.'. 11 After clause 255 Page 180, after line 7-- insert-- Page 5

 


 

Geothermal Energy Bill 2010 `Subdivision 5A Additional Land Court jurisdiction for compensation and related matters `255A What sdiv 5A is about `(1) This subdivision provides for additional matters for which the Land Court has jurisdiction. `(2) The jurisdiction is subject to subdivisions 1 to 5. `255B Additional jurisdiction `(1) This section applies to a geothermal tenure holder and an eligible claimant (the parties) if any of the following apply-- (a) the geothermal tenure holder has carried out a preliminary activity; (b) the parties can not reach agreement about a conduct and compensation agreement; (c) there is a conduct and compensation agreement or deferral agreement between the parties. `(2) The Land Court may do all or any of the following-- (a) assess all or part of the relevant geothermal tenure holder's compensation liability to another party; (b) decide a matter related to the compensation liability; (c) declare whether or not a proposed authorised activity for the relevant geothermal tenure would, if carried out, interfere with the carrying out of lawful activities by the eligible claimant; (d) make any order it considers necessary or desirable for a matter mentioned in paragraph (a), (b) or (c). Example-- The Land Court declares that a particular proposed authorised activity interferes with the carrying out of lawful activities by the eligible claimant. It may also order that a stated modification of, or reduction in, the activity would remove the interference. Page 6

 


 

Geothermal Energy Bill 2010 `255C Jurisdiction to impose or vary conditions `(1) In deciding a matter mentioned in section 255B(2), the Land Court may-- (a) impose any condition it considers appropriate for the exercise of the parties' rights; or (b) vary any existing condition under an agreement between the parties. `(2) The variation may be made on any ground the Land Court considers appropriate. `(3) The imposed or varied condition is taken to be-- (a) if there is an agreement between the parties--a condition of the agreement; or (b) if there is no agreement between the parties--an agreement between the parties. `(4) In this section-- agreement means a conduct and compensation agreement. condition means a condition of or for a conduct and compensation agreement.'. 12 Chapter 7, heading (Mediation, enforcement, offences and proceedings) Page 208, line 19, `Mediation'-- omit, insert-- `Conferences'. 13 Chapter 7, part 1 (Mediation with eligible claimants or owners and occupiers) Page 208, lines 21 to 25, page 209, lines 1 to 31, page 210, lines 1 to 25 and page 211, lines 1 to 9-- omit, insert-- Page 7

 


 

Geothermal Energy Bill 2010 `Part 1 Conferences with eligible claimants or owners and occupiers `Division 1 Preliminary `306 Application of pt 1 `(1) This part applies if an authorised officer is given an election notice by a geothermal tenure holder or an eligible claimant asking for a conference. `(2) This part also applies if-- (a) an owner or occupier of land who is concerned about any of the following gives an authorised officer notice of the concerns-- (i) that someone claiming to act under a geothermal tenure, or to have entered land on the tenure holder's instructions-- (A) is not authorised to be on the land; or (B) is not complying with a provision of this Act or a condition of the geothermal tenure; (ii) activities being, or proposed to be, carried out on the land apparently under a geothermal tenure (including when the activities are being, or are to be, carried out); (iii) the conduct on the land of someone apparently acting under a geothermal tenure; or (b) a geothermal tenure holder who is concerned about something relevant to the tenure involving the holder and the owner or occupier of land gives an authorised officer notice of the concerns; or (c) for another reason, an authorised officer considers it desirable to call a conference to discuss concerns about a geothermal tenure. Page 8

 


 

Geothermal Energy Bill 2010 `Division 2 Calling conference and attendance `307 Calling conference `(1) If this part applies because of the giving of an election notice, the authorised officer must, by notice, ask the geothermal tenure holder and the eligible claimant (the parties) to attend a conference by the authorised officer about negotiating a conduct and compensation agreement. `(2) If this part applies under section 306(2), the authorised officer may, by notice, ask the geothermal tenure holder and the owner or occupier or other person with an interest in the concerns (also the parties) to attend a conference by the authorised officer about the concerns. `(3) The notice must state when and where the conference will be held and what is to be discussed at the conference. `308 Who may attend conference `(1) Apart from the authorised officer, anyone given notice of the conference may attend and take part in the conference. `(2) Also, with the authorised officer's approval, someone else may be present to help a person attending the conference. `(3) However, a party can not be represented by a lawyer unless the parties agree and the authorised officer is satisfied there is no disadvantage to a party. `309 What happens if a party does not attend `(1) This section applies if a party given notice of the conference does not attend. `(2) The authorised officer may hold the conference even though someone given notice of it does not attend. Note-- If the conference was called because of an election notice and only 1 party attends, the Land Court may decide the issue of compensation. See section 253. Page 9

 


 

Geothermal Energy Bill 2010 `(3) A party who attended the conference may apply to the Land Court for an order requiring the party who did not attend to pay the attending party's reasonable costs of attending. `(4) The Land Court must not order the party who did not attend to pay costs if it is satisfied the party had a reasonable excuse for not attending. `(5) If the Land Court makes the order, it must decide the amount of the costs. `Division 3 Conduct of conference `310 Authorised officer's role `(1) In conducting the conference, the authorised officer must endeavour to help those attending to reach an early and inexpensive settlement of the subject of the conference. `(2) Subject to section 252A, the authorised officer is to decide how the conference is to be conducted. `311 Statements made at conference `Nothing said by a person at the conference is admissible in evidence in a proceeding without the person's consent. `312 Agreement made at conference `(1) If, at the conference, the parties negotiate an agreement about the concerns the subject of the conference, the agreement must be written and signed by or for the parties. `(2) The agreement-- (a) may, if appropriate, be a conduct and compensation agreement or an amendment of an existing conduct and compensation agreement between the parties; and (b) has the same effect as any other compromise.'. Page 10

 


 

Geothermal Energy Bill 2010 14 After clause 353-- Page 234, after line 2-- insert-- `353A Limitation of owner's or occupier's tortious liability for authorised activities `(1) This section applies to an owner or occupier of land in the area of a geothermal tenure if-- (a) someone else carries out an authorised activity for a geothermal tenure on the land; or (b) someone else carries out an activity on the land and, in doing so, purports to be carrying out an authorised activity for a geothermal tenure. `(2) The owner or occupier is not civilly liable to anyone else for a claim based in tort for damages relating to the carrying out of the activity. `(3) However, subsection (2) does not apply to the extent the owner or occupier, or someone else authorised by the owner or occupier, caused, or contributed to, the harm the subject of the claim. `(4) This section applies-- (a) despite any other Act or law; and (b) even though this Act or the geothermal tenure prevents or restricts the carrying out of the activity as an authorised activity for the tenure. `(5) Subject to subsection (2), in this section, the terms claim, damages and harm have the same meaning that they have under the Civil Liability Act 2003.'. 15 After clause 413 Page 262, after line 22-- insert-- Page 11

 


 

Geothermal Energy Bill 2010 `413A Amendment of s 249 (Later applicant must obtain consent or views of earlier applicant if same land affected) Section 249(3) to (7)-- omit, insert-- `(3) The written consent may be lodged with the mining registrar before-- (a) if the earlier application is decided by the grant of the permit, licence or lease applied for--20 business days after the permit, licence or lease is granted; or (b) otherwise--the earlier application is decided. `(4) The later applicant must, within the request period, give the earlier applicant a written request seeking the earlier applicant's views if-- (a) the earlier application is for a mining tenement mentioned in subsection (1)(a); and (b) the lease applied for in the later application is-- (i) over land covered by the earlier application; and (ii) for different minerals to those covered by the earlier application. `(5) The written request must-- (a) state that the earlier applicant may, within the response period, lodge written views on the later application with the mining registrar; and (b) include a copy of the later application, other than any part of the application detailing the later applicant's financial and technical resources. `(6) A later applicant to whom subsection (4) applies must lodge with the mining registrar notice of the day the later applicant complied with the obligation under subsection (4). `(7) An earlier applicant given a written request under subsection (4) may, within the response period, lodge the earlier applicant's written views with the mining registrar. Page 12

 


 

Geothermal Energy Bill 2010 `(8) The mining registrar must not deal with the later application until-- (a) for a later application to which subsection (2) applies--the earlier applicant's consent is lodged with the mining registrar; or (b) for a later application to which subsection (4) applies-- (i) the earlier applicant's views are lodged with the mining registrar; or (ii) the end of the response period; or (c) for any other later application--the day the earlier application is finally decided. `(9) In this section-- request period means a period of 10 business days starting on the day the later application is lodged. response period means a period of 20 business days starting on the day the earlier applicant is given a notice under subsection (4).'.'. 16 Clause 416 (Replacement of pt 19, div 12) Page 267, line 25-- omit, insert-- `1968. `774A Application of amended s 249 `(1) This section applies if, immediately before the commencement, section 249 applied in relation to an application mentioned in section 249(1). `(2) Section 249 as in force immediately after the commencement applies in relation to the application. `(3) For the purpose of subsection (2), the request period under section 249 is the period of 10 business days starting on the commencement. Page 13

 


 

Geothermal Energy Bill 2010 `(4) In this section-- commencement means the commencement of this section.'.'. 17 Clause 430 (Omission of s 85 (Obligation to consult with particular owners and occupiers)) Page 283, lines 16 to 19-- omit, insert-- `430 Amendment of s 9 (Act does not affect other rights or remedies) Section 9(1), after `sections 269'-- insert-- `, 338A'. `430A Replacement of s 85 (Obligation to consult with particular owners and occupiers) Section 85-- omit, insert-- `85 Obligation to consult with particular owners and occupiers `(1) A GHG permit holder must consult or use reasonable endeavours to consult with each owner and occupier of private or public land on which authorised activities for the permit are proposed to be carried out or are being carried out. `(2) The consultation must be about-- (a) access; and (b) the carrying out of authorised activities for the GHG permit (including, for example, crossing access land for the permit) to the extent they relate to the owners and occupiers; and (c) the GHG permit holder's compensation liability to the owners or occupiers.'.'. Page 14

 


 

Geothermal Energy Bill 2010 18 Clause 431 (Omission of s 166 (Obligation to consult with particular owners and occupiers)) Page 284, lines 1 to 4-- omit, insert-- `431 Replacement of s 166 (Obligation to consult with particular owners and occupiers) Section 166-- omit, insert-- `166 Obligation to consult with particular owners and occupiers `(1) A GHG lease holder must consult or use reasonable endeavours to consult with each owner and occupier of private or public land on which authorised activities for the lease are proposed to be carried out or are being carried out. `(2) The consultation must be about-- (a) access; and (b) the carrying out of authorised activities for the GHG lease (including, for example, crossing access land for the lease) to the extent they relate to the owners and occupiers; and (c) the GHG lease holder's compensation liability to the owners or occupiers.'.'. 19 Clause 432 (Replacement of ch 5, pt 7, divs 1 to 3) Page 286, lines 7 to 10-- omit, insert-- `(a) the GHG authority; and (b) the land access code; and (c) any code of practice made under this Act applying to authorised activities for the GHG authority; and (d) the relevant environmental authority documentation.'. Page 15

 


 

Geothermal Energy Bill 2010 20 Clause 432 (Replacement of ch 5, pt 7, divs 1 to 3) Page 286, line 12-- omit, insert-- `(a) generally-- (i) for a GHG permit--6 months; or (ii) for another GHG authority--1 year; or'. 21 Clause 435 (Replacement of ch 5, pt 10 (General compensation provisions)) Page 291, lines 21 to 24 and page 292, lines 1 to 6-- omit, insert-- `compensatable effect means all or any of the following-- (a) all or any of the following relating to the eligible claimant's land-- (i) deprivation of possession of its surface; (ii) diminution of its value; (iii) diminution of the use made or that may be made of the land or any improvement on it; (iv) severance of any part of the land from other parts of the land or from other land that the eligible claimant owns; (v) any cost, damage or loss arising from the carrying out of activities under the GHG authority on the land; (b) accounting, legal or valuation costs the claimant necessarily and reasonably incurs to negotiate or prepare a conduct and compensation agreement, other than the costs of a person facilitating an ADR; Examples of negotiation-- an ADR or conference (c) consequential damages the eligible claimant incurs because of a matter mentioned in paragraph (a) or (b).'. Page 16

 


 

Geothermal Energy Bill 2010 22 Clause 435 (Replacement of ch 5, pt 10 (General compensation provisions)) Page 295, lines 16 to 18-- omit, insert-- `(a) must be at least for the period provided for under section 324A (the minimum negotiation period); but'. 23 Clause 435 (Replacement of ch 5, pt 10 (General compensation provisions)) Page 295, after line 24-- insert-- `324A Provision for the minimum negotiation period `(1) Generally, the minimum negotiation period is 20 business days from the giving of the negotiation notice (the usual period). `(2) Either party may, within the usual period, ask the other to agree to a longer minimum negotiation period because of stated reasonable or unforeseen circumstances. `(3) If the other party so agrees, the longer minimum negotiation period is the minimum negotiation period.'. 24 Clause 435 (Replacement of ch 5, pt 10 (General compensation provisions)) Page 296, lines 8 to 18-- omit, insert-- `325A Parties may seek conference or independent ADR `(1) This section applies if, at the end of the minimum negotiation period, the parties have not entered into a conduct and compensation agreement or deferral agreement. `(2) Either party may by a notice (an election notice)-- (a) to the other party and an authorised officer--ask for an authorised officer to call a conference to negotiate a conduct and compensation agreement; or Page 17

 


 

Geothermal Energy Bill 2010 (b) to the other party--call upon them to agree to an alternative dispute resolution process (an ADR) to negotiate a conduct and compensation agreement. `(3) If the notice calls for an ADR, it must-- (a) identify the ADR; and (b) state that the party giving the notice agrees to bear the costs of the person who will facilitate the ADR. `(4) An ADR may be a process of any kind including, for example, arbitration, conciliation, mediation or negotiation. `(5) However, the facilitator must be independent of either party. `325AB Conduct of conference or ADR `(1) This section applies if an election notice is given. `(2) If a conference was requested-- (a) the authorised officer must take all reasonable steps to ensure the conference is finished within 20 business days after the notice is given (the usual period); and (b) chapter 6, part 1A applies for the conference. `(3) If an ADR was called for, the parties must use reasonable endeavours to finish it within 20 business days after the giving of the notice (also the usual period). `(4) Either party may, within the usual period, ask the other to agree to a longer period to finish the conference or ADR because of stated reasonable or unforeseen circumstances. `(5) If the parties agree to the longer period, that period applies instead of the usual period. `(6) If an ADR was called for, section 377D applies to the ADR as if a reference in the section to a conference were a reference to an ADR. Editor's note-- section 377D (What happens if a party does not attend)'. Page 18

 


 

Geothermal Energy Bill 2010 25 Clause 435 (Replacement of ch 5, pt 10 (General compensation provisions)) Page 296, lines 21 to 29 and page 297, lines 1 to 5-- omit, insert-- `325B Land court may decide if negotiation process unsuccessful `(1) This section applies if an election notice is given and-- (a) a party asked an authorised officer to call a conference and the authorised officer does not finish it within the period required under section 325AB (the required period); or (b) a party called for an ADR and the person facilitating the ADR does not finish it within the period required under section 325AB (also the required period). `(2) This section also applies if an election notice is given and-- (a) only 1 party attended the conference requested or ADR called for; or (b) both parties attended the conference or ADR and, at the end of the required period, there is no conduct and compensation agreement between the parties.'. 26 Clause 435 (Replacement of ch 5, pt 10 (General compensation provisions)) Page 297, lines 20 to 23-- omit, insert-- `eligible party means a party who attended the conference or ADR.'. 27 Clause 435 (Replacement of ch 5, pt 10 (General compensation provisions)) Page 298, after line 26-- insert-- Page 19

 


 

Geothermal Energy Bill 2010 `Subdivision 5A Additional Land Court jurisdiction for compensation and related matters `325DA What sdiv 5A is about `(1) This subdivision provides for additional matters for which the Land Court has jurisdiction. `(2) The jurisdiction is subject to subdivisions 1 to 5. `325DB Additional jurisdiction `(1) This section applies to a GHG authority holder and an eligible claimant (the parties) if any of the following apply-- (a) the GHG authority holder has carried out a preliminary activity; (b) the parties can not reach agreement about a conduct and compensation agreement; (c) there is a conduct and compensation agreement or deferral agreement between the parties. `(2) The Land Court may do all or any of the following-- (a) assess all or part of the relevant GHG authority holder's compensation liability to another party; (b) decide a matter related to the compensation liability; (c) declare whether or not a proposed authorised activity for the relevant GHG authority would, if carried out, interfere with the carrying out of lawful activities by the eligible claimant; (d) make any order it considers necessary or desirable for a matter mentioned in paragraph (a), (b) or (c). Example-- The Land Court declares that a particular proposed authorised activity interferes with the carrying out of lawful activities by the eligible claimant. It may also order that a stated modification of, or reduction in, the activity would remove the interference. Page 20

 


 

Geothermal Energy Bill 2010 `325DC Jurisdiction to impose or vary conditions `(1) In deciding a matter mentioned in section 325DB(2), the Land Court may-- (a) impose any condition it considers appropriate for the exercise of the parties' rights; or (b) vary any existing condition under an agreement between the parties. `(2) The variation may be made on any ground the Land Court considers appropriate. `(3) The imposed or varied condition is taken to be-- (a) if there is an agreement between the parties--a condition of the agreement; or (b) if there is no agreement between the parties--an agreement between the parties. `(4) In this section-- agreement means a conduct and compensation agreement. condition means a condition of or for a conduct and compensation agreement.'. 28 After clause 436-- Page 299, after line 25-- insert-- `436A Insertion of new s 338A Chapter 5, part 12-- insert-- `338A Limitation of owner's or occupier's tortious liability for authorised activities `(1) This section applies to an owner or occupier of land in the area of a GHG authority if-- (a) someone else carries out an authorised activity for a GHG authority holder on the land; or Page 21

 


 

Geothermal Energy Bill 2010 (b) someone else carries out an activity on the land and, in doing so, purports to be carrying out an authorised activity for a GHG authority. `(2) The owner or occupier is not civilly liable to anyone else for a claim based in tort for damages relating to the carrying out of the activity. `(3) However, subsection (2) does not apply to the extent the owner or occupier, or someone else authorised by the owner or occupier, caused, or contributed to, the harm the subject of the claim. `(4) This section applies-- (a) despite any other Act or law; and (b) even though this Act or the GHG authority prevents or restricts the carrying out of the activity as an authorised activity for the authority. `(5) Subject to subsection (2), in this section, the terms claim, damages and harm have the same meaning that they have under the Civil Liability Act 2003.'.'. 29 Clause 437 (Replacement of ch 6, hdg (Enforcement, offences and proceedings)) Page 300, lines 1 to 27, page 301, lines 1 to 29 and page 302, lines 1 to 18-- omit, insert-- `437 Replacement of ch 6 hdg (Enforcement, offences and proceedings) Chapter 6, heading-- omit, insert-- Page 22

 


 

Geothermal Energy Bill 2010 `Chapter 6 Conferences, investigations and enforcement `Part 1A Conferences with eligible claimants or owners and occupiers `Division 1 Preliminary `377A Application of pt 1A `(1) This part applies if an authorised officer is given an election notice by a GHG authority holder or an eligible claimant asking for a conference. `(2) This part also applies if-- (a) an owner or occupier of land who is concerned about any of the following gives an authorised officer notice of the concerns-- (i) that someone claiming to act under a GHG authority, or to have entered land on the authority holder's instructions-- (A) is not authorised to be on the land; or (B) is not complying with a provision of this Act or a condition of the GHG authority; (ii) activities being, or proposed to be, carried out on the land apparently under a GHG authority (including when the activities are being, or are to be, carried out); (iii) the conduct on the land of someone apparently acting under a GHG authority; or (b) a GHG authority holder who is concerned about something relevant to the authority involving the holder Page 23

 


 

Geothermal Energy Bill 2010 and the owner or occupier of land gives an authorised officer notice of the concerns; or (c) for another reason, an authorised officer considers it desirable to call a conference to discuss concerns about a GHG authority. `Division 2 Calling conference and attendance `377B Calling conference `(1) If this part applies because of the giving of an election notice, the authorised officer must, by notice, ask the GHG authority holder and the eligible claimant (the parties) to attend a conference by the authorised officer about negotiating a conduct and compensation agreement. `(2) If this part applies under section 377A(2), the authorised officer may, by notice, ask the GHG authority holder and the owner or occupier or other person with an interest in the concerns (also the parties) to attend a conference by the authorised officer about the concerns. `(3) The notice must state when and where the conference will be held and what is to be discussed at the conference. `377C Who may attend conference `(1) Apart from the authorised officer, anyone given notice of the conference may attend and take part in the conference. `(2) Also, with the authorised officer's approval, someone else may be present to help a person attending the conference. `(3) However, a party can not be represented by a lawyer unless the parties agree and the authorised officer is satisfied there is no disadvantage to a party. `377D What happens if a party does not attend `(1) This section applies if a party given notice of the conference does not attend. Page 24

 


 

Geothermal Energy Bill 2010 `(2) The authorised officer may hold the conference even though someone given notice of it does not attend. Note-- If the conference was called because of an election notice and only 1 party attends, the Land Court may decide the issue of compensation. See section 325B. `(3) A party who attended the conference may apply to the Land Court for an order requiring the party who did not attend to pay the attending party's reasonable costs of attending. `(4) The Land Court must not order the party who did not attend to pay costs if it is satisfied the party had a reasonable excuse for not attending. `(5) If the Land Court makes the order, it must decide the amount of the costs. `Division 3 Conduct of conference `377E Authorised officer's role `(1) In conducting the conference, the authorised officer must endeavour to help those attending to reach an early and inexpensive settlement of the subject of the conference. `(2) Subject to section 325AB, the authorised officer is to decide how the conference is to be conducted. `377F Statements made at conference `Nothing said by a person at the conference is admissible in evidence in a proceeding without the person's consent. `377G Agreement made at conference `(1) If, at the conference, the parties negotiate an agreement about the concerns the subject of the conference, the agreement must be written and signed by or for the parties. `(2) The agreement-- Page 25

 


 

Geothermal Energy Bill 2010 (a) may, if appropriate, be a conduct and compensation agreement or an amendment of an existing conduct and compensation agreement between the parties; and (b) has the same effect as any other compromise.'.'. 30 Clause 439 (Amendment of sch 2 (Dictionary)) Page 304, after line 13-- insert-- `ADR see section 325A(2)(b).'. 31 Clause 439 (Amendment of sch 2 (Dictionary)) Page 305, after line 5-- insert-- `election notice see section 325A(2).'. 32 Clause 439 (Amendment of sch 2 (Dictionary)) Page 305, line 16, after `who'-- insert-- `, under an Act, or, for freehold land, a lease registered under the Land Title Act 1994,'. 33 Clause 439 (Amendment of sch 2 (Dictionary)) Page 306, line 1, after `business'-- insert-- `or land use'. 34 Clause 439 (Amendment of sch 2 (Dictionary)) Page 306, lines 7 to 10-- omit, insert-- Page 26

 


 

Geothermal Energy Bill 2010 `· geophysical surveying not involving site preparation · aerial, electrical or environmental surveying'. 35 Clause 451 (Insertion of new pt 10, divs 1A and 1B) Page 313, lines 23 to 28, page 314, lines 1 to 29, page 315, lines 1 to 25 and page 316, lines 1 to 9-- omit, insert-- `Division 1B Conferences with eligible claimants or owners and occupiers `Subdivision 1 Preliminary `335F Application of div 1B `(1) This division applies if a relevant officer is given an election notice by a mining tenement holder or an eligible claimant asking for a conference. `(2) This division also applies if-- (a) an owner or occupier of land who is concerned about any of the following gives a relevant officer notice of the concerns-- (i) that someone claiming to act under a mining tenement, or to have entered land on the tenement holder's instructions-- (A) is not authorised to be on the land; or (B) is not complying with a provision of this Act or a condition of the mining tenement; (ii) activities being, or proposed to be, carried out on the land apparently under a mining tenement (including when the activities are being, or are to be, carried out); (iii) the conduct on the land of someone apparently acting under a mining tenement; or Page 27

 


 

Geothermal Energy Bill 2010 (b) a mining tenement holder who is concerned about something relevant to the tenement involving the holder and the owner or occupier of land gives a relevant officer notice of the concerns; or (c) for another reason, a relevant officer considers it desirable to call a conference to discuss concerns about a mining tenement. `Subdivision 2 Calling conference and attendance `335G Calling conference `(1) If this division applies because of the giving of an election notice, the relevant officer must, by notice, ask the mining tenement holder and the eligible claimant (the parties) to attend a conference by the relevant officer about negotiating a conduct and compensation agreement. `(2) If this division applies under section 335F(2), the relevant officer may, by notice, ask the mining tenement holder and the owner or occupier or other person with an interest in the concerns (also the parties) to attend a conference by the relevant officer about the concerns. `(3) The notice must state when and where the conference will be held and what is to be discussed at the conference. `335H Who may attend conference `(1) Apart from the relevant officer, anyone given notice of the conference may attend and take part in the conference. `(2) Also, with the relevant officer's approval, someone else may be present to help a person attending the conference. `(3) However, a party can not be represented by a lawyer unless the parties agree and the relevant officer is satisfied there is no disadvantage to a party. Page 28

 


 

Geothermal Energy Bill 2010 `335I What happens if a party does not attend `(1) This section applies if a party given notice of the conference does not attend. `(2) The relevant officer may hold the conference even though someone given notice of it does not attend. Note-- If the conference was called because of an election notice and only 1 party attends, the Land Court may decide the issue of compensation. See schedule 1, section 20. `(3) A party who attended the conference may apply to the Land Court for an order requiring the party who did not attend to pay the attending party's reasonable costs of attending. `(4) The Land Court must not order the party who did not attend to pay costs if it is satisfied the party had a reasonable excuse for not attending. `(5) If the Land Court makes the order, it must decide the amount of the costs. `Subdivision 3 Conduct of conference `335J Relevant officer's role `(1) In conducting the conference, the relevant officer must endeavour to help those attending to reach an early and inexpensive settlement of the subject of the conference. `(2) Subject to schedule 1, section 19A, the relevant officer is to decide how the conference is to be conducted. `335K Statements made at conference `Nothing said by a person at the conference is admissible in evidence in a proceeding without the person's consent. Page 29

 


 

Geothermal Energy Bill 2010 `335L Agreement made at conference `(1) If, at the conference, the parties negotiate an agreement about the concerns the subject of the conference, the agreement must be written and signed by or for the parties. `(2) The agreement-- (a) may, if appropriate, be a conduct and compensation agreement or an amendment of an existing conduct and compensation agreement between the parties; and (b) has the same effect as any other compromise.'.'. 36 Clause 454 (Insertion of new pt 19, div 13, sdiv 2) Page 318, after line 16-- insert-- `777A Existing agreements about compensation `(1) This section applies if immediately before the commencement of this section an agreement was in force between-- (a) an exploration permit holder and an owner about the owner's entitlement under former section 145; or (b) a mineral development licence holder and an owner about the owner's entitlement under former section 191. `(2) On the commencement, the agreement becomes a conduct and compensation agreement under schedule 1.'. 37 Clause 454 (Insertion of new pt 19, div 13, sdiv 2) Page 319, after line 7-- insert-- `778A Additional exemption to conduct and compensation agreement requirement `(1) This section applies for an exploration permit or mineral development licence holder if the holder has given a converted entry notice. Page 30

 


 

Geothermal Energy Bill 2010 `(2) During the term of the converted entry notice under former section 164 or 212, the conduct and compensation agreement requirement under schedule 1 does not apply to the holder. `(3) To remove any doubt, it is declared that subsection (2) does not apply for any renewal of the converted entry notice. `(4) In this section-- converted entry notice means a notice of entry that, under section 778(3), is taken to be an entry notice for schedule 1.'. 38 Clause 455 (Insertion of new sch 1) Page 320, line 7, after `business'-- insert-- `or land use'. 39 Clause 455 (Insertion of new sch 1) Page 320, lines 14 to 17-- omit, insert-- `· geophysical surveying not involving site preparation · aerial, electrical or environmental surveying'. 40 Clause 455 (Insertion of new sch 1) Page 321, after line 20-- insert-- `ADR see section 19(2)(b).'. 41 Clause 455 (Insertion of new sch 1) Page 321, after line 25-- insert-- `election notice see section 19(2).'. Page 31

 


 

Geothermal Energy Bill 2010 42 Clause 455 (Insertion of new sch 1) Page 325, lines 10 to 13-- omit, insert-- `(a) the exploration tenement; and (b) the land access code; and (c) any code of practice made under this Act applying to authorised activities for the exploration tenement; and (d) the relevant environmental authority documentation.'. 43 Clause 455 (Insertion of new sch 1) Page 330, line 9, `cost or loss'-- omit, insert-- `cost, damage or loss'. 44 Clause 455 (Insertion of new sch 1) Page 333, lines 25 to 27-- omit, insert-- `(a) must be at least for the period provided for under section 17A (the minimum negotiation period); but'. 45 Clause 455 (Insertion of new sch 1) Page 334, after line 3-- insert-- `17A Provision for the minimum negotiation period `(1) Generally, the minimum negotiation period is 20 business days from the giving of the negotiation notice (the usual period). `(2) Either party may, within the usual period, ask the other to agree to a longer minimum negotiation period because of stated reasonable or unforeseen circumstances. Page 32

 


 

Geothermal Energy Bill 2010 `(3) If the other party so agrees, the longer minimum negotiation period is the minimum negotiation period.'. 46 Clause 455 (Insertion of new sch 1) Page 334, lines 15 to 25-- omit, insert-- `19 Parties may seek conference or independent ADR `(1) This section applies if, at the end of the minimum negotiation period, the parties have not entered into a conduct and compensation agreement or deferral agreement. `(2) Either party may by a notice (an election notice)-- (a) to the other party and a relevant officer--ask for a relevant officer to call a conference to negotiate a conduct and compensation agreement; or (b) to the other party--call upon them to agree to an alternative dispute resolution process (an ADR) to negotiate a conduct and compensation agreement. `(3) If the notice calls for an ADR, it must-- (a) identify the ADR; and (b) state that the party giving the notice agrees to bear the costs of the person who will facilitate the ADR. `(4) An ADR may be a process of any kind including, for example, arbitration, conciliation, mediation or negotiation. `(5) However, the facilitator must be independent of either party. `19A Conduct of conference or ADR `(1) This section applies if an election notice is given. `(2) If a conference was requested-- (a) the relevant officer must take all reasonable steps to ensure the conference is finished within 20 business days after the notice is given (the usual period); and (b) part 10, division 1B applies for the conference. Page 33

 


 

Geothermal Energy Bill 2010 `(3) If an ADR was called for, the parties must use reasonable endeavours to finish it within 20 business days after the giving of the notice (also the usual period). `(4) Either party may, within the usual period, ask the other to agree to a longer period to finish the conference or ADR because of stated reasonable or unforeseen circumstances. `(5) If the parties agree to the longer period, that period applies instead of the usual period. `(6) If an ADR was called for, section 335I applies to the ADR as if a reference in the section to a conference were a reference to an ADR. Editor's note-- section 335I (What happens if a party does not attend)'. 47 Clause 455 (Insertion of new sch 1) Page 335, lines 3 to 16-- omit, insert-- `20 Land court may decide if negotiation process unsuccessful `(1) This section applies if an election notice is given and-- (a) a party asked a relevant officer to call a conference and the relevant officer does not finish it within the period required under section 19A (the required period); or (b) a party called for an ADR and the person facilitating the ADR does not finish it within the period required under section 19A (also the required period). `(2) This section also applies if an election notice is given and-- (a) only 1 party attended the conference requested or ADR called for; or (b) both parties attended the conference or ADR and, at the end of the required period, there is no conduct and compensation agreement between the parties.'. Page 34

 


 

Geothermal Energy Bill 2010 48 Clause 455 (Insertion of new sch 1) Page 335, line 31 and page 336, lines 1 to 3-- omit, insert-- `eligible party means a party who attended the conference or ADR.'. 49 Clause 455 (Insertion of new sch 1) Page 337, after line 7-- insert-- `Part 6A Additional Land Court jurisdiction for compensation and related matters `22A What pt 6A is about `(1) This part provides for additional matters for which the Land Court has jurisdiction. `(2) The jurisdiction is subject to parts 2 to 6. `22B Additional jurisdiction `(1) This section applies if-- (a) an exploration tenement holder and an eligible claimant can not reach agreement about a conduct and compensation agreement; or (b) there is a conduct and compensation agreement or deferral agreement. `(2) The Land Court may assess all or part of the relevant exploration tenement holder's compensation liability to another party. `(3) In this section-- party means any of the following-- (a) the relevant exploration tenement holder; Page 35

 


 

Geothermal Energy Bill 2010 (b) an eligible claimant mentioned in subsection (1)(a); (c) an eligible claimant who is a party to an agreement mentioned in subsection (1)(b). `22C Jurisdiction to impose or vary conditions `(1) In deciding a matter mentioned in section 22B(2), the Land Court may-- (a) impose any condition it considers appropriate for the exercise of the parties' rights; or (b) vary any existing condition under an agreement between the parties. `(2) The variation may be made on any ground the Land Court considers appropriate. `(3) The imposed or varied condition is taken to be-- (a) if there is an agreement between the parties--a condition of the agreement; or (b) if there is no agreement between the parties--an agreement between the parties. `(4) In this section-- agreement means a conduct and compensation agreement. condition means a condition of or for a conduct and compensation agreement.'. 50 Clause 456 (Amendment and renumbering of schedule (Dictionary)) Page 337, after line 24-- insert-- `ADR, for schedule 1, see schedule 1, section 19(2)(b).'. 51 Clause 456 (Amendment and renumbering of schedule (Dictionary)) Page 338, after line 7-- Page 36

 


 

Geothermal Energy Bill 2010 insert-- `election notice, for schedule 1, see schedule 1, section 19(2).'. 52 Clause 456 (Amendment and renumbering of schedule (Dictionary)) Page 338, line 28, after `who'-- insert-- `, under an Act, or, for freehold land, a lease registered under the Land Title Act 1994,'. 53 Clause 458 (Amendment of s 2 (Definitions)) Page 340, after line 10-- insert-- `ADR see section 79VA(2)(b).'. 54 Clause 458 (Amendment of s 2 (Definitions)) Page 341, after line 3-- insert-- `election notice see section 79VA(2).'. 55 Clause 458 (Amendment of s 2 (Definitions)) Page 341, line 14, after `who'-- insert-- `, under an Act, or, for freehold land, a lease registered under the Land Title Act 1994,'. 56 Clause 458 (Amendment of s 2 (Definitions)) Page 341, line 28, after `business'-- Page 37

 


 

Geothermal Energy Bill 2010 insert-- `or land use'. 57 Clause 458 (Amendment of s 2 (Definitions)) Page 342, lines 5 to 8-- omit, insert-- `· geophysical surveying not involving site preparation · aerial, electrical or environmental surveying'. 58 Clause 459 (Omission of s 74V (Obligation to consult with particular owners and occupiers)) Page 344, lines 1 to 4-- omit, insert-- `459 Replacement of s 74V (Obligation to consult with particular owners and occupiers) Section 74V-- omit, insert-- `74V Obligation to consult with particular owners and occupiers `(1) The holder must consult or use reasonable endeavours to consult with each owner and occupier of private or public land on which authorised activities for the tenure are proposed to be carried out or are being carried out. `(2) The consultation must be about-- (a) access; and (b) the carrying out of authorised activities for the tenure (including, for example, crossing access land for the tenure) to the extent they relate to the owners and occupiers; and (c) the holder's compensation liability to the owners or occupiers.'.'. Page 38

 


 

Geothermal Energy Bill 2010 59 After clause 460-- Page 344, after line 14-- insert-- `460A Insertion of new s 75EA Part 6B-- insert-- `75EA Limitation of owner's or occupier's tortious liability for authorised activities `(1) This section applies to an owner or occupier of land in the area of a 1923 Act petroleum tenure if-- (a) someone else carries out an authorised activity for a 1923 Act petroleum tenure on the land; or (b) someone else carries out an activity on the land and, in doing so, purports to be carrying out an authorised activity for a 1923 Act petroleum tenure. `(2) The owner or occupier is not civilly liable to anyone else for a claim based in tort for damages relating to the carrying out of the activity. `(3) However, subsection (2) does not apply to the extent the owner or occupier, or someone else authorised by the owner or occupier, caused, or contributed to, the harm the subject of the claim. `(4) This section applies-- (a) despite any other Act or law; and (b) even though this Act or the 1923 Act petroleum tenure prevents or restricts the carrying out of the activity as an authorised activity for the tenure. `(5) Subject to subsection (2), in this section, the terms claim, damages and harm have the same meaning that they have under the Civil Liability Act 2003.'.'. 60 Clause 461 (Replacement of pt 6H, divs 1 to 3) Page 346, lines 19 to 23-- Page 39

 


 

Geothermal Energy Bill 2010 omit, insert-- `(a) the 1923 Act petroleum tenure; and (b) the land access code; and (c) any code of practice made under this Act applying to authorised activities for the 1923 Act petroleum tenure; and (d) the relevant environmental authority documentation.'. 61 Clause 461 (Replacement of pt 6H, divs 1 to 3) Page 346, line 25-- omit, insert-- `(a) generally-- (i) for an authority to prospect--6 months; or (ii) for a lease--1 year; or'. 62 Clause 463 (Replacement of part 6K (General compensation provisions)) Page 351, lines 18 to 23-- omit, insert-- `Division 1 Compensation other than for notifiable road uses and make good obligation `Subdivision 1 Preliminary `79P Application of div 1 `This division does not apply for-- (a) a public land authority in relation to a notifiable road use; or Page 40

 


 

Geothermal Energy Bill 2010 (b) an effect that is, or is required to be, addressed in a make good agreement or a decision under part 6CA, division 6.'. 63 Clause 463 (Replacement of part 6K (General compensation provisions)) Page 352, lines 13 to 23-- omit, insert-- `compensatable effect means all or any of the following-- (a) all or any of the following relating to the eligible claimant's land-- (i) deprivation of possession of its surface; (ii) diminution of its value; (iii) diminution of the use made or that may be made of the land or any improvement on it; (iv) severance of any part of the land from other parts of the land or from other land that the eligible claimant owns; (v) any cost, damage or loss arising from the carrying out of activities under the 1923 Act petroleum tenure on the land; (b) accounting, legal or valuation costs the claimant necessarily and reasonably incurs to negotiate or prepare a conduct and compensation agreement, other than the costs of a person facilitating an ADR; Examples of negotiation-- an ADR or conference (c) consequential damages the eligible claimant incurs because of a matter mentioned in paragraph (a) or (b).'. 64 Clause 463 (Replacement of part 6K (General compensation provisions)) Page 356, lines 12 to 14-- Page 41

 


 

Geothermal Energy Bill 2010 omit, insert-- `(a) must be at least for the period provided for under section 79UA (the minimum negotiation period); but'. 65 Clause 463 (Replacement of part 6K (General compensation provisions)) Page 356, after line 20-- insert-- `79UA Provision for the minimum negotiation period `(1) Generally, the minimum negotiation period is 20 business days from the giving of the negotiation notice (the usual period). `(2) Either party may, within the usual period, ask the other to agree to a longer minimum negotiation period because of stated reasonable or unforeseen circumstances. `(3) If the other party so agrees, the longer minimum negotiation period is the minimum negotiation period.'. 66 Clause 463 (Replacement of part 6K (General compensation provisions)) Page 357, lines 3 to 13-- omit, insert-- `79VA Parties may seek conference or independent ADR `(1) This section applies if, at the end of the minimum negotiation period, the parties have not entered into a conduct and compensation agreement or deferral agreement. `(2) Either party may by a notice (an election notice)-- (a) to the other party and an authorised officer--ask for an authorised officer to call a conference to negotiate a conduct and compensation agreement; or (b) to the other party--call upon them to agree to an alternative dispute resolution process (an ADR) to negotiate a conduct and compensation agreement. Page 42

 


 

Geothermal Energy Bill 2010 `(3) If the notice calls for an ADR, it must-- (a) identify the ADR; and (b) state that the party giving the notice agrees to bear the costs of the person who will facilitate the ADR. `(4) An ADR may be a process of any kind including, for example, arbitration, conciliation, mediation or negotiation. `(5) However, the facilitator must be independent of either party. `79VAB Conduct of conference or ADR `(1) This section applies if an election notice is given. `(2) If a conference was requested-- (a) the authorised officer must take all reasonable steps to ensure the conference is finished within 20 business days after the notice is given (the usual period); and (b) part 6R applies for the conference. `(3) If an ADR was called for, the parties must use reasonable endeavours to finish it within 20 business days after the giving of the notice (also the usual period). `(4) Either party may, within the usual period, ask the other to agree to a longer period to finish the conference or ADR because of stated reasonable or unforeseen circumstances. `(5) If the parties agree to the longer period, that period applies instead of the usual period. `(6) If an ADR was called for, section 103D applies to the ADR as if a reference in the section to a conference were a reference to an ADR. Editor's note-- section 103D (What happens if a party does not attend)'. 67 Clause 463 (Replacement of part 6K (General compensation provisions)) Page 357, lines 16 to 29-- Page 43

 


 

Geothermal Energy Bill 2010 omit, insert-- `79VB Land court may decide if negotiation process unsuccessful `(1) This section applies if an election notice is given and-- (a) a party asked an authorised officer to call a conference and the authorised officer does not finish it within the period required under section 79VAB (the required period); or (b) a party called for an ADR and the person facilitating the ADR does not finish it within the period required under section 79VAB (also the required period). `(2) This section also applies if an election notice is given and-- (a) only 1 party attended the conference requested or ADR called for; or (b) both parties attended the conference or ADR and, at the end of the required period, there is no conduct and compensation agreement between the parties.'. 68 Clause 463 (Replacement of part 6K (General compensation provisions)) Page 358, lines 15 to 18-- omit, insert-- `eligible party means a party who attended the conference or ADR.'. 69 Clause 463 (Replacement of part 6K (General compensation provisions)) Page 359, after line 21-- insert-- Page 44

 


 

Geothermal Energy Bill 2010 `Subdivision 5A Additional Land Court jurisdiction for compensation and related matters `79VDA What sdiv 5A is about `(1) This subdivision provides for additional matters for which the Land Court has jurisdiction. `(2) The jurisdiction is subject to subdivisions 1 to 5. `79VDB Additional jurisdiction `(1) This section applies to a 1923 Act petroleum tenure holder and an eligible claimant (the parties) if any of the following apply-- (a) the 1923 Act petroleum tenure holder has carried out a preliminary activity; (b) the parties can not reach agreement about a conduct and compensation agreement; (c) there is a conduct and compensation agreement or deferral agreement between the parties. `(2) The Land Court may do all or any of the following-- (a) assess all or part of the relevant 1923 Act petroleum tenure holder's compensation liability to another party; (b) decide a matter related to the compensation liability; (c) declare whether or not a proposed authorised activity for the relevant 1923 Act petroleum tenure would, if carried out, interfere with the carrying out of lawful activities by the eligible claimant; (d) make any order it considers necessary or desirable for a matter mentioned in paragraph (a), (b) or (c). Example-- The Land Court declares that a particular proposed authorised activity interferes with the carrying out of lawful activities by the Page 45

 


 

Geothermal Energy Bill 2010 eligible claimant. It may also order that a stated modification of, or reduction in, the activity would remove the interference. `79VDC Jurisdiction to impose or vary conditions `(1) In deciding a matter mentioned in section 79VDB(2), the Land Court may-- (a) impose any condition it considers appropriate for the exercise of the parties' rights; or (b) vary any existing condition under an agreement between the parties. `(2) The variation may be made on any ground the Land Court considers appropriate. `(3) The imposed or varied condition is taken to be-- (a) if there is an agreement between the parties--a condition of the agreement; or (b) if there is no agreement between the parties--an agreement between the parties. `(4) In this section-- agreement means a conduct and compensation agreement. condition means a condition of or for a conduct and compensation agreement.'. 70 After clause 463 Page 360, after line 7-- insert-- `463A Replacement of s 88 (Conduct of operations on land) Section 88-- omit, insert-- `88 Duty to avoid interference in carrying out authorised activities `A person who carries out an authorised activity for a 1923 Act petroleum tenure must carry out the activity in a way that Page 46

 


 

Geothermal Energy Bill 2010 does not unreasonably interfere with anyone else carrying out a lawful activity. Maximum penalty--500 penalty units.'.'. 71 Clause 464 (Insertion of new pt 6R) Page 360, lines 8 to 27, page 361, lines 1 to 27 and page 362, lines 1 to 26-- omit, insert-- `464 Insertion of new pt 6R After part 6Q-- insert-- `Part 6R Conferences with eligible claimants or owners and occupiers `Division 1 Preliminary `103A Application of pt 6R `(1) This part applies if an authorised officer is given an election notice by a 1923 Act petroleum tenure holder or an eligible claimant asking for a conference. `(2) This part also applies if-- (a) an owner or occupier of land who is concerned about any of the following gives an authorised officer notice of the concerns-- (i) that someone claiming to act under a 1923 Act petroleum tenure, or to have entered land on the tenure holder's instructions-- (A) is not authorised to be on the land; or Page 47

 


 

Geothermal Energy Bill 2010 (B) is not complying with a provision of this Act or a condition of the 1923 Act petroleum tenure; (ii) activities being, or proposed to be, carried out on the land apparently under a 1923 Act petroleum tenure (including when the activities are being, or are to be, carried out); (iii) the conduct on the land of someone apparently acting under a 1923 Act petroleum tenure; or (b) a 1923 Act petroleum tenure holder who is concerned about something relevant to the tenure involving the holder and the owner or occupier of land gives an authorised officer notice of the concerns; or (c) for another reason, an authorised officer considers it desirable to call a conference to discuss concerns about a 1923 Act petroleum tenure. `Division 2 Calling conference and attendance `103B Calling conference `(1) If this part applies because of the giving of an election notice, the authorised officer must, by notice, ask the 1923 Act petroleum tenure holder and the eligible claimant (the parties) to attend a conference by the authorised officer about negotiating a conduct and compensation agreement. `(2) If this part applies under section 103A(2), the authorised officer may, by notice, ask the 1923 Act petroleum tenure holder and the owner or occupier or other person with an interest in the concerns (also the parties) to attend a conference by the authorised officer about the concerns. `(3) The notice must state when and where the conference will be held and what is to be discussed at the conference. Page 48

 


 

Geothermal Energy Bill 2010 `103C Who may attend conference `(1) Apart from the authorised officer, anyone given notice of the conference may attend and take part in the conference. `(2) Also, with the authorised officer's approval, someone else may be present to help a person attending the conference. `(3) However, a party can not be represented by a lawyer unless the parties agree and the authorised officer is satisfied there is no disadvantage to a party. `103D What happens if a party does not attend `(1) This section applies if a party given notice of the conference does not attend. `(2) The authorised officer may hold the conference even though someone given notice of it does not attend. Note-- If the conference was called because of an election notice and only 1 party attends, the Land Court may decide the issue of compensation. See section 79VB. `(3) A party who attended the conference may apply to the Land Court for an order requiring the party who did not attend to pay the attending party's reasonable costs of attending. `(4) The Land Court must not order the party who did not attend to pay costs if it is satisfied the party had a reasonable excuse for not attending. `(5) If the Land Court makes the order, it must decide the amount of the costs. `Division 3 Conduct of conference `103E Authorised officer's role `(1) In conducting the conference, the authorised officer must endeavour to help those attending to reach an early and inexpensive settlement of the subject of the conference. Page 49

 


 

Geothermal Energy Bill 2010 `(2) Subject to section 79VAB, the authorised officer is to decide how the conference is to be conducted. `103F Statements made at conference `Nothing said by a person at the conference is admissible in evidence in a proceeding without the person's consent. `103G Agreement made at conference `(1) If, at the conference, the parties negotiate an agreement about the concerns the subject of the conference, the agreement must be written and signed by or for the parties. `(2) The agreement-- (a) may, if appropriate, be a conduct and compensation agreement or an amendment of an existing conduct and compensation agreement between the parties; and (b) has the same effect as any other compromise.'.'. 72 After clause 466 Page 364, after line 15-- insert-- `466A Amendment of s 7 (Act does not affect other rights or remedies) Section 7(1), after `sections 294'-- insert-- `, 563A'.'. 73 Clause 468 (Omission of s 74 (Obligation to consult with particular owners and occupiers)) Page 365, lines 12 to 15-- omit, insert-- Page 50

 


 

Geothermal Energy Bill 2010 `468 Replacement of s 74 (Obligation to consult with particular owners and occupiers) Section 74-- omit, insert-- `74 Obligation to consult with particular owners and occupiers `(1) An authority to prospect holder must consult or use reasonable endeavours to consult with each owner and occupier of private or public land on which authorised activities for the authority are proposed to be carried out or are being carried out. `(2) The consultation must be about-- (a) access; and (b) the carrying out of authorised activities for the authority to prospect (including, for example, crossing access land for the authority) to the extent they relate to the owners and occupiers; and (c) the authority to prospect holder's compensation liability to the owners or occupiers.'.'. 74 Clause 469 (Omission of s 153 (Obligation to consult with particular owners and occupiers)) Page 365, lines 16 to 19-- omit, insert-- `469 Replacement of s 153 (Obligation to consult with particular owners and occupiers) Section 153-- omit, insert-- `153 Obligation to consult with particular owners and occupiers `(1) A petroleum lease holder must consult or use reasonable endeavours to consult with each owner and occupier of private or public land on which authorised activities for the lease are proposed to be carried out or are being carried out. Page 51

 


 

Geothermal Energy Bill 2010 `(2) The consultation must be about-- (a) access; and (b) the carrying out of authorised activities for the petroleum lease (including, for example, crossing access land for the lease) to the extent they relate to the owners and occupiers; and (c) the petroleum lease holder's compensation liability to the owners or occupiers.'.'. 75 Clause 470 (Replacement of ch 5, pt 2, divs 1 to 2A) Page 367, lines 28 to 30 and page 368, line 1-- omit, insert-- `(a) the petroleum authority; and (b) the land access code; and (c) any code of practice made under this Act applying to authorised activities for the petroleum authority; and (d) the relevant environmental authority documentation.'. 76 Clause 470 (Replacement of ch 5, pt 2, divs 1 to 2A) Page 368, line 3-- omit, insert-- `(a) generally-- (i) for an authority to prospect--6 months; or (ii) for another petroleum authority--1 year; or'. 77 Clause 470 (Replacement of ch 5, pt 2, divs 1 to 2A) Page 371, lines 12 to 16-- omit, insert-- `(b) the holder has a right to enter the land to carry out the activity and the right-- Page 52

 


 

Geothermal Energy Bill 2010 (i) exists other than under this Act; and (ii) is not under an easement;'. 78 Clause 472 (Replacement of ch 5, pt 5 (General compensation provisions)) Page 373, lines 3 to 8-- omit, insert-- `Division 1 Compensation other than for notifiable road uses and make good obligation `Subdivision 1 Preliminary `531 Application of div 1 `This division does not apply for-- (a) a public land authority in relation to a notifiable road use; or (b) an effect that is, or is required to be, addressed in a make good agreement or a decision under chapter 2, part 9, division 6.'. 79 Clause 472 (Replacement of ch 5, pt 5 (General compensation provisions)) Page 373, lines 21 to 24 and page 374, lines 1 to 6-- omit, insert-- `compensatable effect means all or any of the following-- (a) all or any of the following relating to the eligible claimant's land-- (i) deprivation of possession of its surface; (ii) diminution of its value; Page 53

 


 

Geothermal Energy Bill 2010 (iii) diminution of the use made or that may be made of the land or any improvement on it; (iv) severance of any part of the land from other parts of the land or from other land that the eligible claimant owns; (v) any cost, damage or loss arising from the carrying out of activities under the petroleum authority on the land; (b) accounting, legal or valuation costs the claimant necessarily and reasonably incurs to negotiate or prepare a conduct and compensation agreement, other than the costs of a person facilitating an ADR; Examples of negotiation-- an ADR or conference (c) consequential damages the eligible claimant incurs because of a matter mentioned in paragraph (a) or (b).'. 80 Clause 472 (Replacement of ch 5, pt 5 (General compensation provisions)) Page 374, after line 30-- insert-- `(4) If the petroleum authority is a pipeline licence or petroleum facility licence, a compensation agreement about the holder's compensation liability may be included in an easement relating to the licence.'. 81 Clause 472 (Replacement of ch 5, pt 5 (General compensation provisions)) Page 377, lines 16 to 18-- omit, insert-- `(a) must be at least for the period provided for under section 536A (the minimum negotiation period); but'. Page 54

 


 

Geothermal Energy Bill 2010 82 Clause 472 (Replacement of ch 5, pt 5 (General compensation provisions)) Page 377, after line 24-- insert-- `536A Provision for the minimum negotiation period `(1) Generally, the minimum negotiation period is 20 business days from the giving of the negotiation notice (the usual period). `(2) Either party may, within the usual period, ask the other to agree to a longer minimum negotiation period because of stated reasonable or unforeseen circumstances. `(3) If the other party so agrees, the longer minimum negotiation period is the minimum negotiation period.'. 83 Clause 472 (Replacement of ch 5, pt 5 (General compensation provisions)) Page 378, lines 8 to 18-- omit, insert-- `537A Parties may seek conference or independent ADR `(1) This section applies if, at the end of the minimum negotiation period, the parties have not entered into a conduct and compensation agreement or deferral agreement. `(2) Either party may by a notice (an election notice)-- (a) to the other party and an authorised officer--ask for an authorised officer to call a conference to negotiate a conduct and compensation agreement; or (b) to the other party--call upon them to agree to an alternative dispute resolution process (an ADR) to negotiate a conduct and compensation agreement. `(3) If the notice calls for an ADR, it must-- (a) identify the ADR; and (b) state that the party giving the notice agrees to bear the costs of the person who will facilitate the ADR. Page 55

 


 

Geothermal Energy Bill 2010 `(4) An ADR may be a process of any kind including, for example, arbitration, conciliation, mediation or negotiation. `(5) However, the facilitator must be independent of either party. `537AB Conduct of conference or ADR `(1) This section applies if an election notice is given. `(2) If a conference was requested-- (a) the authorised officer must take all reasonable steps to ensure the conference is finished within 20 business days after the notice is given (the usual period); and (b) chapter 10, part 1AA applies for the conference. `(3) If an ADR was called for, the parties must use reasonable endeavours to finish it within 20 business days after the giving of the notice (also the usual period). `(4) Either party may, within the usual period, ask the other to agree to a longer period to finish the conference or ADR because of stated reasonable or unforeseen circumstances. `(5) If the parties agree to the longer period, that period applies instead of the usual period. `(6) If an ADR was called for, section 734E applies to the ADR as if a reference in the section to a conference were a reference to an ADR. Editor's note-- section 734E (What happens if a party does not attend)'. 84 Clause 472 (Replacement of ch 5, pt 5 (General compensation provisions)) Page 378, lines 21 to 29 and page 379, lines 1 to 5-- omit, insert-- `537B Land court may decide if negotiation process unsuccessful `(1) This section applies if an election notice is given and-- Page 56

 


 

Geothermal Energy Bill 2010 (a) a party asked an authorised officer to call a conference and the authorised officer does not finish it within the period required under section 537AB (the required period); or (b) a party called for an ADR and the person facilitating the ADR does not finish it within the period required under section 537AB (also the required period). `(2) This section also applies if an election notice is given and-- (a) only 1 party attended the conference requested or ADR called for; or (b) both parties attended the conference or ADR and, at the end of the required period, there is no conduct and compensation agreement between the parties.'. 85 Clause 472 (Replacement of ch 5, pt 5 (General compensation provisions)) Page 379, lines 20 to 23-- omit, insert-- `eligible party means a party who attended the conference or ADR.'. 86 Clause 472 (Replacement of ch 5, pt 5 (General compensation provisions)) Page 380, after line 26-- insert-- `Subdivision 5A Additional Land Court jurisdiction for compensation and related matters `537DA What sdiv 5A is about `(1) This subdivision provides for additional matters for which the Land Court has jurisdiction. `(2) The jurisdiction is subject to subdivisions 1 to 5. Page 57

 


 

Geothermal Energy Bill 2010 `537DB Additional jurisdiction `(1) This section applies to a petroleum authority holder and an eligible claimant (the parties) if any of the following apply-- (a) the petroleum authority holder has carried out a preliminary activity; (b) the parties can not reach agreement about a conduct and compensation agreement; (c) there is a conduct and compensation agreement or deferral agreement between the parties. `(2) The Land Court may do all or any of the following-- (a) assess all or part of the relevant petroleum authority holder's compensation liability to another party; (b) decide a matter related to the compensation liability; (c) declare whether or not a proposed authorised activity for the relevant petroleum authority would, if carried out, interfere with the carrying out of lawful activities by the eligible claimant; (d) make any order it considers necessary or desirable for a matter mentioned in paragraph (a), (b) or (c). Example-- The Land Court declares that a particular proposed authorised activity interferes with the carrying out of lawful activities by the eligible claimant. It may also order that a stated modification of, or reduction in, the activity would remove the interference. `537DC Jurisdiction to impose or vary conditions `(1) In deciding a matter mentioned in section 537DB(2), the Land Court may-- (a) impose any condition it considers appropriate for the exercise of the parties' rights; or (b) vary any existing condition under an agreement between the parties. `(2) The variation may be made on any ground the Land Court considers appropriate. Page 58

 


 

Geothermal Energy Bill 2010 `(3) The imposed or varied condition is taken to be-- (a) if there is an agreement between the parties--a condition of the agreement; or (b) if there is no agreement between the parties--an agreement between the parties. `(4) In this section-- agreement means a conduct and compensation agreement. condition means a condition of or for a conduct and compensation agreement.'. 87 After clause 473-- Page 381, after line 25-- insert-- `473A Insertion of new s 563A Chapter 5, part 8, division 3-- insert-- `563A Limitation of owner's or occupier's tortious liability for authorised activities `(1) This section applies to an owner or occupier of land in the area of a petroleum authority if-- (a) someone else carries out an authorised activity for a petroleum authority on the land; or (b) someone else carries out an activity on the land and, in doing so, purports to be carrying out an authorised activity for a petroleum authority. `(2) The owner or occupier is not civilly liable to anyone else for a claim based in tort for damages relating to the carrying out of the activity. `(3) However, subsection (2) does not apply to the extent the owner or occupier, or someone else authorised by the owner or occupier, caused, or contributed to, the harm the subject of the claim. `(4) This section applies-- Page 59

 


 

Geothermal Energy Bill 2010 (a) despite any other Act or law; and (b) even though this Act or the petroleum authority prevents or restricts the carrying out of the activity as an authorised activity for the authority. `(5) Subject to subsection (2), in this section, the terms claim, damages and harm have the same meaning that they have under the Civil Liability Act 2003.'.'. 88 Clause 474 (Replacement of ch 10, hdg (Investigations and enforcement)) Page 382, lines 1 to 28, page 383, lines 1 to 30 and page 384, lines 1 to 18-- omit, insert-- `474 Replacement of ch 10, hdg (Investigations and enforcement) Chapter 10, heading-- omit, insert-- `Chapter 10 Conferences, investigations and enforcement `Part 1AA Conferences with eligible claimants or owners and occupiers `Division 1 Preliminary `734B Application of pt 1AA `(1) This part applies if an authorised officer is given an election notice by a petroleum authority holder or an eligible claimant asking for a conference. `(2) This part also applies if-- Page 60

 


 

Geothermal Energy Bill 2010 (a) an owner or occupier of land who is concerned about any of the following gives an authorised officer notice of the concerns-- (i) that someone claiming to act under a petroleum authority, or to have entered land on the authority holder's instructions-- (A) is not authorised to be on the land; or (B) is not complying with a provision of this Act or a condition of the petroleum authority; (ii) activities being, or proposed to be, carried out on the land apparently under a petroleum authority (including when the activities are being, or are to be, carried out); (iii) the conduct on the land of someone apparently acting under a petroleum authority; or (b) a petroleum authority holder who is concerned about something relevant to the authority involving the holder and the owner or occupier of land gives an authorised officer notice of the concerns; or (c) for another reason, an authorised officer considers it desirable to call a conference to discuss concerns about a petroleum authority. `Division 2 Calling conference and attendance `734C Calling conference `(1) If this part applies because of the giving of an election notice, the authorised officer must, by notice, ask the petroleum authority holder and the eligible claimant (the parties) to attend a conference by the authorised officer about negotiating a conduct and compensation agreement. `(2) If this part applies under section 734B(2), the authorised officer may, by notice, ask the petroleum authority holder and the owner or occupier or other person with an interest in the Page 61

 


 

Geothermal Energy Bill 2010 concerns (also the parties) to attend a conference by the authorised officer about the concerns. `(3) The notice must state when and where the conference will be held and what is to be discussed at the conference. `734D Who may attend conference `(1) Apart from the authorised officer, anyone given notice of the conference may attend and take part in the conference. `(2) Also, with the authorised officer's approval, someone else may be present to help a person attending the conference. `(3) However, a party can not be represented by a lawyer unless the parties agree and the authorised officer is satisfied there is no disadvantage to a party. `734E What happens if a party does not attend `(1) This section applies if a party given notice of the conference does not attend. `(2) The authorised officer may hold the conference even though someone given notice of it does not attend. Note-- If the conference was called because of an election notice and only 1 party attends, the Land Court may decide the issue of compensation. See section 537B. `(3) A party who attended the conference may apply to the Land Court for an order requiring the party who did not attend to pay the attending party's reasonable costs of attending. `(4) The Land Court must not order the party who did not attend to pay costs if it is satisfied the party had a reasonable excuse for not attending. `(5) If the Land Court makes the order, it must decide the amount of the costs. Page 62

 


 

Geothermal Energy Bill 2010 `Division 3 Conduct of conference `734F Authorised officer's role `(1) In conducting the conference, the authorised officer must endeavour to help those attending to reach an early and inexpensive settlement of the subject of the conference. `(2) Subject to section 537AB, the authorised officer is to decide how the conference is to be conducted. `734G Statements made at conference `Nothing said by a person at the conference is admissible in evidence in a proceeding without the person's consent. `734H Agreement made at conference `(1) If, at the conference, the parties negotiate an agreement about the concerns the subject of the conference, the agreement must be written and signed by or for the parties. `(2) The agreement-- (a) may, if appropriate, be a conduct and compensation agreement or an amendment of an existing conduct and compensation agreement between the parties; and (b) has the same effect as any other compromise.'.'. 89 Clause 477 (Insertion of new ch 15, pt 10, div 2) Page 386, line 5, `part 3'-- omit, insert-- `part 5'. 90 Clause 478 (Amendment of sch 2 (Dictionary)) Page 387, after line 2-- Page 63

 


 

Geothermal Energy Bill 2010 insert-- `ADR see section 537A(2)(b).'. 91 Clause 478 (Amendment of sch 2 (Dictionary)) Page 387, after line 24-- insert-- `election notice see section 537A(2).'. 92 Clause 478 (Amendment of sch 2 (Dictionary)) Page 388, line 17, after `business'-- insert-- `or land use'. 93 Clause 478 (Amendment of sch 2 (Dictionary)) Page 388, lines 23 to 26-- omit, insert-- `· geophysical surveying not involving site preparation · aerial, electrical or environmental surveying'. 94 Clause 478 (Amendment of sch 2 (Dictionary)) Page 390, line 21, after `person'-- insert-- `, under an Act, or, for freehold land, a lease registered under the Land Title Act 1994,'. 95 Clause 510 (Amendment of s 249 (Later applicant must obtain consent or views of earlier applicant if same land affected)) Page 406, lines 4 to 16-- omit, insert-- Page 64

 


 

Geothermal Energy Bill 2010 `Section 249(1)(a), `geothermal exploration permit,'-- omit.'. 96 Schedule 2 (Minor and consequential amendments of Acts) Page 497, line 16-- omit, insert-- ` `section 335F(2)(a)'.'. 97 Schedule 2 (Minor and consequential amendments of Acts) Page 498, line 9-- omit, insert-- ` `section 335F(2)(a)'.'. 98 Schedule 3 (Dictionary) Page 524, after line 7-- insert-- `ADR see section 252(2)(b).'. 99 Schedule 3 (Dictionary) Page 526, after line 15-- insert-- `election notice see section 252(2).'. 100 Schedule 3 (Dictionary) Page 530, line 13, after `who'-- insert-- `, under an Act, or, for freehold land, a lease registered under the Land Title Act 1994,'. Page 65

 


 

Geothermal Energy Bill 2010 101 Schedule 3 (Dictionary) Page 533, line 30, after `business'-- insert-- `or land use'. 102 Schedule 3 (Dictionary) Page 534, lines 4 to 7-- omit, insert-- `· geophysical surveying not involving site preparation · aerial, electrical or environmental surveying'. © State of Queensland 2010

 


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