(1) The Minister may declare an area the subject of the application to be a potential geothermal commercial area only if satisfied—(a) the area is no more than is needed to cover the maximum extent of geothermal resources identified in the report; and(b) geothermal production in the area is not, and will not soon be, commercially viable, but is likely to become viable within 5 years.
(2) The area declared must form a single contiguous parcel of land.
(3) In deciding the application, regard must be had to—(a) whether the relevant geothermal permit’s conditions have been substantially complied with; and(b) any other matter prescribed under a regulation.
(4) To remove any doubt, it is declared that the declaration may be made even if the geothermal permit is being continued in force under section 79 or 293 .
(5) If the Minister decides to refuse the application, the Minister must give the applicant an information notice about the decision.