Queensland Numbered Acts

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GEOTHERMAL ENERGY ACT 2010 No. 31 - SECT 256

256 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 255 (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 255 (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.

(3) An eligible party may apply to the Land Court for it to decide the geothermal tenure holder's--

(a) compensation liability to the claimant; or
(b) future compensation liability to the claimant for an authorised activity for the geothermal tenure proposed to be carried out by or for the holder.

(4) However, the Land Court may decide the liability or future liability only to the extent it is not subject to a conduct and compensation agreement.

(5) In hearing the application, the Land Court must as much as practicable ensure the hearing happens together with, or as closely as possible to, the hearing of any relevant environmental compensation application.

(6) In this section--

eligible party means a party who attended the conference or ADR.

relevant environmental compensation application means an application to the Land Court for compensation that is or may be payable by the geothermal tenure holder to the eligible claimant under the Environmental Protection Act.



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