Queensland Numbered Acts

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GEOTHERMAL ENERGY ACT 2010 No. 31 - SECT 421

421 Amendment of s 249 (Later applicant must obtain consent or views of earlier applicant if same land affected)

Section 249(3) to (7)--

omit, insert--

'(3) The written consent may be lodged with the mining registrar before--

(a) if the earlier application is decided by the grant of the permit, licence or lease applied for--20 business days after the permit, licence or lease is granted; or
(b) otherwise--the earlier application is decided.

'(4) The later applicant must, within the request period, give the earlier applicant a written request seeking the earlier applicant's views if--

(a) the earlier application is for a mining tenement mentioned in subsection (1)(a); and
(b) the lease applied for in the later application is--
(i) over land covered by the earlier application; and
(ii) for different minerals to those covered by the earlier application.

'(5) The written request must--

(a) state that the earlier applicant may, within the response period, lodge written views on the later application with the mining registrar; and
(b) include a copy of the later application, other than any part of the application detailing the later applicant's financial and technical resources.

'(6) A later applicant to whom subsection (4) applies must lodge with the mining registrar notice of the day the later applicant complied with the obligation under subsection (4).

'(7) An earlier applicant given a written request under subsection (4) may, within the response period, lodge the earlier applicant's written views with the mining registrar.

'(8) The mining registrar must not deal with the later application until--

(a) for a later application to which subsection (2) applies--the earlier applicant's consent is lodged with the mining registrar; or
(b) for a later application to which subsection (4) applies--
(i) the earlier applicant's views are lodged with the mining registrar; or
(ii) the end of the response period; or
(c) for any other later application--the day the earlier application is finally decided.

'(9) In this section--

request period means a period of 10 business days starting on the day the later application is lodged.

response period means a period of 20 business days starting on the day the earlier applicant is given a notice under subsection (4).'.



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