Northern Territory Numbered Regulations

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GEOTHERMAL ENERGY REGULATIONS (NO 29 OF 2009) - REG 5

Procedure for deciding other geothermal authority applications

    (1)     This regulation applies if the Minister:

(a)     decides, under section 17(2)(c) or 19(1)(c) of the Act, to refuse to grant or renew a geothermal exploration permit; or

(b)     decides, under section 23 or 26 of the Act, that he or she is not satisfied as mentioned in the section and refuses to grant or renew a geothermal retention licence; or

(c)     decides, under section 32(2) of the Act, not to grant a geothermal production lease; or

(d)     decides, under section 54(4)(b) of the Act, to vary the conditions of a geothermal authority by taking a different action from the action requested by the applicant; or

(e)     decides, under section 54(4)(c) of the Act, to refuse to vary the conditions of a geothermal authority; or

(f)     decides, under section 57(2) of the Act, to refuse to accept the surrender of a geothermal authority or part of a geothermal authority area.

    (2)     The Minister must give the applicant a notice of the decision stating:

(a)     the reasons for the decision; and

(b)     that the applicant may, within the time specified in the notice ( the specified time ), give the Minister a written submission about matters the applicant wishes the Minister to reconsider.

    (3)     The specified time must be at least 28 days after the date on which the applicant is given the notice.

    (4)     If the applicant gives the Minister a submission within the specified time or an extended time, the Minister may:

(a)     reverse or vary the decision (as applicable); or

(b)     make the decision as notified and give the applicant a reviewable decision notice.

    (5)     If the applicant does not give the Minister a submission within the specified time or an extended time, the Minister must make the decision as notified and give the applicant a reviewable decision notice.

    (6)     In this regulation:

"applicant" means the person who applied for the grant, renewal, variation or surrender to which the Minister's decision relates.



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