Queensland Consolidated Acts

GEOTHERMAL ENERGY ACT 2010 - SCHEDULE 2

SCHEDULE 2 – Dictionary

"1923 Act" see section 8 (c) .

"1923 Act petroleum tenure" see the 1923 Act , section 2 .

"access agreement" ...

"access land" , for a geothermal tenure, see section 220 (3) .

"access rights" see section 220 (2) .

"acquired land" —

1 Land is
"acquired land" if—

(a) it was taken under a resumption law, other than by taking or otherwise creating an easement; and

(b) under section 350A , all geothermal interests relating to the land were extinguished on the taking.

2 However, land mentioned in paragraph 1 stops being
"acquired land" if it is included in the area of a new or renewed geothermal tenure granted under this Act.

1 The
"area" , of a geothermal tenure, is the land to which the tenure is subject as recorded in the register.

2 The
"area" of an authority, tenement or tenure granted under another resource Act is its area as defined under that Act or the area to which the authority, tenement or tenure is subject under that Act.

(a) for a geothermal permit or proposed geothermal permit—see section 41 (b) ; or

(b) for a geothermal lease or proposed geothermal lease—see section 81 (j) .

(a) for a particular geothermal tenure—means excluded land for the tenure decided under section 186 ; or

(b) generally—means any excluded land mentioned in paragraph (a) .

Example of a fluid circulation medium—

water

Note—

Geothermal heat pumps are known by a variety of other names, including geoexchange heat pumps, earth-coupled heat pumps, earth energy heart pumps, ground-source heat pumps and water-source heat pumps.

(a) a geothermal tenure; or

(b) a right existing under, or in relation to, a geothermal tenure.

1 A
"geothermal well" is a hole in the ground made or being made by drilling or any other means to carry out geothermal exploration or geothermal production.

2 A
"geothermal well" includes the casing for the well and any of the following attached to the well—

• the casing head

• a casing hanger or spool or tubing hanger

• flow control equipment up to and including the wing valves.

3 To remove any doubt, it is declared that a
"geothermal well" does not include a seismic shot hole or shallow hole drilled to work out a geological structure.

(a) the decision, and the reasons for it;

(b) the rights of appeal under this Act;

(c) the period in which any appeal under this Act must be started;

(d) how rights of appeal under this Act are to be exercised;

(e) that a stay of a decision the subject of an appeal under this Act may be applied for under this Act.

(a) land covered by Queensland waters; and

(b) subterranean land.

(a) was drilled for the purpose (the
"original purpose" ) of—

(i) exploration or production of mineral or petroleum resources; or

(ii) informing the exploration or production of mineral or petroleum resources; and

(b) is no longer used for the original or another purpose.

(a) a mining tenement under the Mineral Resources Act ; or

(b) a tenure held from the State under another Act about mining under which tenure the holder is authorised to carry out mining under the Mineral Resources Act or a related mineral or energy resources activity.

(a) if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the notice of intention to resume under the ALA ; or

(b) otherwise—the notice, however named, required to be given under the resumption law to notify persons of the proposed taking.

(a) a person who, under an Act or a lease registered under the Land Title Act 1994 , has a right to occupy the place other than under a mining interest, petroleum authority, 1923 Act petroleum tenure, GHG authority or geothermal tenure; or

(b) a person who has been given a right to occupy the place by an owner of the place or another person mentioned in paragraph (a) .

1 An
"owner" , of land, means each person as follows in relation to the land—

(a) for freehold land—a registered owner;

(b) for land for which a person is, or will be on performing conditions, entitled to a deed of grant in fee simple—the person;

(c) if an estate in fee simple of land is being purchased from the State—the purchaser;

(d) for a public road—the public road authority for the road;

(e) for land that is busway land, light rail land, rail corridor land or a cane railway or other railway—the public land authority for the land;

(f) for required land under the Transport Infrastructure Act 1994 , section 436 —the chief executive of the department in which that Act is administered;

(g) for a forest entitlement area, State forest or timber reserve under the Forestry Act 1959 —the chief executive of the department in which that Act is administered;

(h) for a conservation park or resources reserve under the Nature Conservation Act 1992 (the
"NCA" ) for which there are trustees—

(i) if, under the NCA, the conservation park or resources reserve has trustees whose powers are not restricted—the trustees; or

(ii) otherwise—the chief executive of the department in which the NCA is administered;

(i) for DOGIT land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 —a trustee for the land;

(k) for Torres Strait Islander land under the Torres Strait Islander Land Act 1991 that is taken to be a reserve because of section 151 (2) of that Act—each grantee of the land;

(l) for land under the Land Act 1994 for which there are trustees—a trustee;

(m) for transport land under the Transport Planning and Coordination Act 1994 —the chief executive of the department in which that Act is administered;

(n) for land vested in the Minister administering the Education (General Provisions) Act 2006 —that Minister;

(o) for land vested in the Queensland Housing Commission or another Minister or a chief executive responsible for constructing public buildings—the Minister administering the relevant Act;

(p) for land held from the State under another Act under an interest that is less than fee simple (other than occupation rights under a permit under the Land Act 1994 )—the person who holds the interest;

(q) for any of the following land under the NCA—the State—

(i) a national park (scientific);

(ii) a national park;

(iii) a national park (Aboriginal land);

(iv) a national park (Torres Strait Islander land);

(v) a forest reserve.

2 Also, a mortgagee of land is the
"owner" of land if—

(a) the mortgagee is acting as mortgagee in possession of the land and has the exclusive management and control of the land; or

(b) the mortgagee or a person appointed by the mortgagee is in possession of the land and has the exclusive management and control of the land.

3 If land or another thing has more than 1 owner, a reference in this Act to the owner of the land or thing is a reference to each of its owners.

(a) made under a requirement under section 320 (1) (b) ; and

(b) more than the blocks or sub-blocks required to be relinquished under the relinquishment condition.

(a) a proposed initial work program—see section 47 (1) (b) ; or

(b) a proposed initial development program—see section 89 (1) (a) .

(a) is open to or used by the public; and

(b) is developed for or has as one of its main uses—

(i) the driving or riding of motor vehicles; or

(ii) pedestrian traffic; and

(c) is controlled by a public road authority.

Examples of an area of land that may be included in a road—

• a bridge, culvert, ford, tunnel or viaduct

• a pedestrian or bicycle path

(a) for a State-controlled road—the chief executive of the department in which the Transport Infrastructure Act 1994 is administered; or

(b) for another public road—the local government having the control of the road.

(a) in a journal published by the department or under the Minister’s authority;

(b) in another publication the Minister considers appropriate;

(c) on the department’s website;

(d) by placing it on a public notice board, established and maintained by the department at—

(i) the department’s head office; and

(ii) other places the chief executive considers appropriate.

(a) means a law that provides for the compulsory acquisition of land, including, for example, the following—

(i) the ALA , including as applied by another law providing for an entity to take land under the ALA as if the entity were a constructing authority under the ALA ;

Examples of other laws for subparagraph (i)—

†¢ Electricity Act 1994 , section 116

†¢ South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , section 53AY

(ii) the Land Act 1994 , chapter 5 , part 3 , division 3 ;

(iii) the Petroleum and Gas (Production and Safety) Act 2004 , sections 456 to 458 ;

(iv) the Queensland Reconstruction Authority Act 2011 , section 99 ;

(v) the State Development Act , section 82 or 125 ;

(vi) the Transport Planning and Coordination Act 1994 , section 25 or 26 ; but

(b) does not include the Land Act 1994 , chapter 5 , part 3 , divisions 1 and 2 .

(a) if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the gazette resumption notice under the ALA for the taking; or

(b) otherwise—the instrument giving effect to the taking.