Queensland Numbered Acts

GEOTHERMAL ENERGY ACT 2010 No. 31 - SECT 320

(1) The noncompliance action the Minister may take under this division is all or any of the following--

(a) amending the geothermal tenure by doing all or any of the following--

(i) reducing its term;

(ii) reducing its area;

Example of a possible reduction--

A geothermal permit holder has not, in contravention of section 117, carried out work required under the work program for the permit. Noncompliance action may include amending the permit to reduce its area to reflect the work not carried out.

(iii) amending a condition of the geothermal tenure;

(iv) imposing a new condition;

(b) requiring the holder of the geothermal tenure to relinquish a stated part of its area on or before a stated time;

(c) cancelling the geothermal tenure, immediately or on a stated day;

(d) withdrawing from a stated day, the approval of the work program or development plan for the tenure and directing its holder to, on or before that day, give the Minister the following document so the Minister may decide whether to approve the document--

(i) for a geothermal permit--a proposed later work program complying with the later work program requirements;

(ii) for a geothermal lease--a proposed later development plan complying with the later development plan requirements;

(e) requiring the geothermal tenure holder to pay the State a penalty of an amount no more than the monetary value of 2000 penalty units.

(2) However, a requirement under subsection (1)(e) may be made only if the holder has agreed to the requirement being made instead of the taking of other noncompliance action under subsection (1).

(3) A condition or amendment under subsection (1) may restrict the authorised activities for the geothermal tenure.

(4) If, under subsection (1)(c), the geothermal tenure is cancelled on a stated day, a condition may be imposed under subsection (1)(a) restricting the authorised activities for the tenure until the cancellation.

(5) Noncompliance action may be taken despite the mandatory conditions for the geothermal tenure.