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GEOTHERMAL ENERGY ACT 2010 No. 31 - SECT 449

449 Amendment of sch 2 (Dictionary)

(1) Schedule 2, definitions compensation agreement, compensation application, compensation liability, eligible claimant, entry notice, entry period, occupier, petroleum interest, private land, public land and waiver of entry notice--

omit.

(2) Schedule 2--

insert--

'ADR see section 325A(2)(b).

advanced activity, for a provision about a GHG authority, means an authorised activity for the authority other than a preliminary activity for the authority.

Examples--
levelling of drilling pads and digging sumps
earthworks associated with pipeline installation
vegetation clear-felling
constructing an exploration camp, concrete pad, sewage or water treatment facility or fuel dump
geophysical surveying with physical clearing
carrying out a seismic survey using explosives
constructing a track or access road
changing a fence line

compensation application, for chapter 5, part 10, division 2, means an application made under section 325H(1).

compensation liability--

(a) for chapter 5, part 10, division 1--see section 320(2); or
(b) for chapter 5, part 10, division 2--see section 325F(2).

conduct and compensation agreement see section 321(1).

conduct and compensation agreement requirement see section 283(2).

deferral agreement see section 284(c)(i).

election notice see section 325A(2).

eligible claimant, for compensation, see section 320(1).

entry notice--

(a) for chapter 5, part 7--see section 279(1); or
(b) for chapter 5, part 8--see section 312(2)(b).

land access code see the P&G Act, section 24A.

mandatory provision, of the land access code, means a provision of that code that the code requires compliance with.

minimum negotiation period see section 324(2)(a).

negotiation notice see section 323(1).

occupier, of a place, means--

(a) a person who, under an Act, or, for freehold land, 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 a person mentioned in paragraph (a).

parties--

(a) for chapter 5, part 10, division 1, subdivision 4--see section 324(1); or
(b) for chapter 6, part 1A--see section 377B.

preliminary activity--

1 A preliminary activity, for a provision about a GHG authority, means an authorised activity for the authority that will have no impact, or only a minor impact, on the business or land use activities of any owner or occupier of the land on which the activity is to be carried out.
Examples--
walking the area of the permit or licence
driving along an existing road or track in the area
taking soil or water samples
geophysical surveying not involving site preparation
aerial, electrical or environmental surveying
survey pegging
2 However, the following are not preliminary activities--
(a) an authorised activity carried out on land that--
(i) is less than 100ha; and
(ii) is being used for intensive farming or broadacre agriculture;
Examples--
land used for dryland or irrigated cropping, plantation forestry or horticulture
a dairy, cattle or sheep feedlot, piggery or poultry farm
(b) an authorised activity carried out within 600m of a school or an occupied residence;
(c) an authorised activity that affects the lawful carrying out of an organic or bio-organic farming system.

private land--

1 Private land is--
(a) freehold land; or
(b) an interest in land less than fee simple held from the State under another Act.
2 However, land is not private land to the extent of an interest in any of the following relating to the land--
(a) a mining interest;
(b) a petroleum authority or 1923 Act petroleum tenure;
(c) a GHG authority;
(d) a geothermal tenure;
(e) an occupation right under a permit under the Land Act 1994.
3 Also, land owned by a public land authority is not private land.

public land means land other than--

(a) private land; or
(b) to the extent an interest in any of the following relates to the land--
(i) a mining interest;
(ii) a petroleum authority or 1923 Act petroleum tenure;
(iii) a GHG authority;
(iv) a geothermal tenure;
(v) an occupation right under a permit under the Land Act 1994.

relevant owner or occupier, for a provision about entry notices, means the owner or occupier to whom the entry notice is to be given, or would be given, other than for an exemption from the requirement to give an entry notice.

waiver of entry notice--

(a) for chapter 5, part 7--means a waiver of entry notice mentioned in section 281 that complies with section 281(1); or
(b) for chapter 5, part 8--see section 312(3).'.


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