Queensland Consolidated Acts

GEOTHERMAL EXPLORATION ACT 2004

TABLE OF PROVISIONS

           Contents

CHAPTER 1--INTRODUCTION

           Part 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Purpose of Act

           Part 2--Application of Act

   4.      Act binds all persons
   5.      Application of Act to land covered by water
   6.      Relationship with Mineral Resources Act 1989
   7.      Relationship with petroleum legislation
   8.      Act does not affect other rights or remedies

           Part 3--Interpretation

   9.      Definitions
   10.     Graticulation of earth's surface into blocks and sub-blocks

CHAPTER 2--STATE OWNERSHIP OF GEOTHERMAL ENERGY

   11.     State ownership of geothermal energy
   12.     Geothermal energy reservation in land grants
   13.     Prohibition on geothermal exploration without permit
   15.     Geothermal exploration permit does not create an interest in land

CHAPTER 3--TENDER PROCESS

           Part 1--Preliminary

   16.     Operation of ch 3

           Part 2--Calls for tenders

           Division 1--Calling for tenders

   17.     Power to call for tenders
   18.     Area requirements for tender release area
   19.     Changes to excluded land do not affect existing permits

           Division 2--Tendering

   20.     Right to tender
   21.     Requirements for making tender
   22.     Requirements for proposed work program
   23.     Right to terminate call for tenders
   24.     Amending tenders

           Part 3--Submissions by affected parties

   25.     Right of affected person to make submissions

           Part 4--Deciding tenders

   26.     Deciding whether to grant permit
   27.     Restriction on removal of approved tenderer
   28.     Criteria for deciding whether to grant permit
   29.     Power to impose conditions
   30.     Requirement to obtain relevant authority, licence or approval
   31.     Restrictions on grant
   32.     Grant of permit
   33.     Term of permit
   34.     Notice to unsuccessful tenderers

CHAPTER 4--GEOTHERMAL EXPLORATION PERMITS

           Part 1--Rights under geothermal exploration permits

   35.     Geothermal exploration
   36.     Geothermal exploration rights may be exercised by authorised persons
   37.     Access to permit area
   38.     No obstruction of access right
   39.     Taking, interfering with and using water for geothermal exploration
   39A.    Taking samples in geothermal exploration
   39B.    Ownership of samples taken in geothermal exploration

           Part 2--Mandatory conditions

   40.     Operation of pt 2
   41.     Compliance with agreed specific objectives
   42.     No unauthorised activities
   43.     Annual rent and interest
   44.     Notice of significant change in membership of permit holder or holding company
   45.     No obstruction of other access rights
   46.     Improvement restoration
   47.     Obligation to remove equipment and plant
   48.     Notice of change of address for service
   49.     Reporting
   49A.    Public release of required information
   49B.    Chief executive may use required information
   50.     Notice of significant discovery
   51.     Compliance with directions
   52.     Conditions imposed under a regulation

           Part 2A--Renewal of term of permit

   52A.    Conditions for making application to renew the term of a permit
   52B.    Requirements for making application
   52C.    Continuing effect of permit for extension application
   52D.    General provisions for deciding application
   52E.    Requirement to obtain relevant authority, licence or approval
   52F.    Power to impose conditions
   52G.    Area of permit for renewed term
   52H.    Renewed term
   52I.    Restrictions on making extension
   52J.    Withdrawal of application if tenure conditions and term not agreed to
   52K.    Making extension of permit
   52L.    Information notice about refusal
   52M.    When refusal takes effect

           Part 3--General provisions about security

   52N.    Continuance of security for renewal of term
   52O.    Minister's power to require additional security
   53.     Power to use security
   54.     Notice of claim on security
   55.     Replenishment of security
   55A.    Replacement of security
   55B.    Security not affected by change in permit holder
   56.     Retention of security

           Part 4--Amendments, deferrals, cancellation, surrenders and transfers

           Division 1--Applications
           Subdivision 1--General provisions

   57.     Right to apply
   58.     Deciding application
           Subdivision 2--Additional provisions for amendment of tenure conditions
   59.     Making application
   60.     Deciding application
           Subdivision 3--Additional provisions for deferral of agreed specific objective
   61.     Making application
   62.     Deciding application
           Subdivision 4--Additional provisions for deferral of giving of reports and samples
   63.     Making application
   64.     Deciding application
           Subdivision 5--Additional provisions for surrenders
   65.     Making application
   66.     Deciding application
           Subdivision 6--Additional provisions for transfers
   67.     Transfer only by application
   68.     Additional requirements for making application
   69.     Deciding application
   70.     Steps after approval

           Division 2--Amendment and cancellation by Minister or chief executive
           Subdivision 1--Amendment and cancellation powers

   71.     Chief executive's power to correct error
   72.     Minister's power to amend permit area or tenure conditions
   73.     Grounds for amending tenure condition
   74.     Grounds for reducing permit area
   75.     Minister's power to cancel or suspend
   76.     Grounds for suspension
           Subdivision 2--General procedure for amendment, cancellation and suspension by Minister
   77.     Application of sdiv 2
   78.     Notice of proposed action
   79.     Minister may seek submissions from others
   80.     Considering submissions
   81.     Decision on proposed action
           Subdivision 3--Immediate suspension
   82.     Power of and procedure for immediate suspension
   83.     Grounds for immediate suspension

CHAPTER 5--ACCESS

           Part 1--Embargoed land

   84.     Minister's power to decide embargoed land
   85.     Effect of embargoed land for permit
   86.     Release of embargoed land

           Part 2--Restricted land

   87.     Requirements for access to restricted land
   88.     Provisions for access consent
   89.     Power of Land Court to give or vary access consent

           Part 3--Notice of entry

   90.     Application of pt 3
   91.     Requirement for notice of entry
   92.     Waiver by chief executive of requirement
   93.     Waiver by landholder or native title body of requirement
   94.     Requirements for notice of entry
   95.     Expiry of notice of entry
   96.     Requirement to give chief executive copy of notice of entry

           Part 4--Access after permit ceases or permit area reduced

   97.     Entry authority to comply with requirement after permit ceases or area reduced

           Part 5--Public roads

           Division 1--Preliminary

   97A.    Significant projects excluded from div 1
   97B.    What is a notifiable road use

           Division 2--Notifiable road uses

   97C.    Notice of notifiable road use
   97D.    Directions about notifiable road use
   97E.    Obligation to comply with road use directions

           Division 3--Compensation for notifiable road uses

   97F.    Liability to compensate public road authority
   97G.    Compensation agreement
   97H.    Deciding compensation through Land Court
   97I.    Criteria for decision
   97J.    Land Court review of compensation
   97K.    Compensation to be addressed before carrying out notifiable road use
   97L.    Compensation not affected by change in administration or holder

CHAPTER 6--DAMAGE AND COMPENSATION

   98.     Duty to avoid damage
   99.     Notice of damage
   100.    Right to compensation
   101.    How compensation may be claimed

CHAPTER 7--MISCELLANEOUS PROVISIONS

           Part 1--Directions

   102.    Direction to ease landholder concerns
   103.    Direction to close exploration bore
   104.    Compliance with direction to close exploration bore
   105.    Direction to survey
   106.    Direction to give statement of financial and technical resources
   107.    Direction to give samples
   108.    Direction to give additional information for requirement under Act

           Part 2--Appeals

   109.    Who may appeal
   110.    Period to appeal
   111.    Starting appeal
   112.    Stay of operation of decision
   113.    Hearing procedures
   114.    Land Court's powers on appeal

           Part 3--Proceedings

           Division 1--Offence proceedings

   115.    Offences under Act are summary
   116.    Statement of complainant's knowledge
   117.    Allegations of false or misleading matters

           Division 2--Evidentiary provisions for proceedings

   118.    Application of div 2
   119.    Appointments and authority
   120.    Signatures
   121.    Other evidentiary aids

           Part 4--The geothermal register

   122.    Chief executive must keep register
   123.    Maintaining register
   124.    Access to register
   124A.   Arrangements with other departments for copies from register
   124B.   Supply of statistical data from register

           Part 5--Transfers in relation to bores

   125.    What is the transfer of a bore
   126.    Transfer of bore to permit holder
   127.    Transfer of exploration bore from permit holder to landholder or mining interest holder
   128.    Transfer of exploration bores from permit holder or former permit holder to the State
   129.    Effect of transfer to the State
   130.    Notice to chief executive (water) of transfers to landholder

           Part 6--Delegations

   131.    Delegation by Minister
   132.    Delegation by chief executive

           Part 7--Other miscellaneous provisions

   132A.   Application of petroleum safety provisions to geothermal exploration
   133.    Giving of documents or samples to the Minister or chief executive
   133A.   Dealing with application that is not a properly made application
   134.    Additional information may be required about application
   135.    False or misleading information
   136.    Recovery of unpaid amounts
   138.    Approved forms
   138A.   Ministerial directions about the giving of information
   139.    Regulation-making power
           SCHEDULE DICTIONARY
           Endnotes