Queensland Numbered Acts

GEOTHERMAL ENERGY ACT 2010 No. 31 - SECT 461

Part 10--

insert--

'(1) This section applies if a relevant officer reasonably believes a person--

(a) has contravened, or is contravening, this Act or a mandatory provision of the land access code; or

(b) is involved in an activity that is likely to result in a contravention of this Act or a mandatory provision of the land access code.

'(2) The relevant officer may give the person a written direction (a compliance direction) to take steps reasonably necessary to remedy the contravention or avoid the likely contravention.

'(3) The direction may also state--

(a) the steps the relevant officer reasonably believes are necessary to remedy the contravention or avoid the likely contravention; or

(b) that the person must notify the relevant officer when the person has complied with the compliance direction; or

(c) that a relevant officer proposes, at a stated time or at stated intervals, to enter premises of which the person is the owner or occupier to check compliance with the direction.

'(1) A compliance direction must state the following--

(a) that the relevant officer giving it believes the person given the direction--

(i) has contravened, or is contravening, this Act or a mandatory provision of the land access code; or

(ii) is involved in an activity that is likely to result in a contravention of this Act or a mandatory provision of the land access code;

(b) the provision the relevant officer believes is being, has been, or is likely to be, contravened;

(c) the reasons for the belief;

(d) that the person must take steps reasonably necessary to remedy the contravention, or avoid the likely contravention, within a stated reasonable period.

'(2) The direction must include, or be accompanied by, a review and appeal notice about the decisions to give the direction and to fix the period.

'(3) The direction may be given orally if--

(a) for any reason it is not practicable to give the direction in writing; and

(b) the relevant officer giving it warns the person it is an offence not to comply with the direction.

'(4) If the direction is given orally, the relevant officer must confirm the direction by also giving it in writing as soon as practicable after giving it orally.

'(5) In this section--

review and appeal notice, for a decision, means a written notice stating the following--

(a) the rights of internal review and appeal under the applied provisions under section 335D;

(b) the period in which any internal review must be started;

(c) how rights are to be exercised;

(d) that a stay of a decision the subject of an appeal under the applied provisions may be applied for.

'(1) A person to whom a compliance direction has been given must comply with the direction unless the person has a reasonable excuse.

Maximum penalty--500 penalty units.

'(2) If the direction states steps the person may take to remedy the contravention, or avoid the likely contravention, the subject of the direction, the person is taken to have complied with the direction if all the steps have been taken.

'(3) Subsection (2) does not prevent the person from complying with the direction in another way.

'(1) This section applies if a person is given a compliance direction.

'(2) The Petroleum and Gas (Production and Safety) Act, chapter 12, other than section 817(2), (the applied provisions) applies, with necessary changes, as if--

(a) the decision were mentioned in schedule 1, table 1 of that Act; and

(b) a reference in that chapter to an information notice were a reference to a review and appeal notice under section 335B.

'(3) An internal review application under the applied provisions may be made only to--

(a) if the compliance direction was given by a deputy mining registrar or a field officer--the mining registrar; or

(b) if the compliance direction was given by the mining registrar--the chief executive.

'This division does not limit or otherwise affect a relevant officer's powers under another provision of this Act.

'(1) This division applies if a relevant officer is given an election notice by a mining tenement holder or an eligible claimant asking for a conference.

'(2) This division also applies if--

(a) an owner or occupier of land who is concerned about any of the following gives a relevant officer notice of the concerns--

(i) that someone claiming to act under a mining tenement, or to have entered land on the tenement holder's instructions--

(A) is not authorised to be on the land; or

(B) is not complying with a provision of this Act or a condition of the mining tenement;

(ii) activities being, or proposed to be, carried out on the land apparently under a mining tenement (including when the activities are being, or are to be, carried out);

(iii) the conduct on the land of someone apparently acting under a mining tenement; or

(b) a mining tenement holder who is concerned about something relevant to the tenement involving the holder and the owner or occupier of land gives a relevant officer notice of the concerns; or

(c) for another reason, a relevant officer considers it desirable to call a conference to discuss concerns about a mining tenement.

'(1) If this division applies because of the giving of an election notice, the relevant officer must, by notice, ask the mining tenement holder and the eligible claimant (the parties) to attend a conference by the relevant officer about negotiating a conduct and compensation agreement.

'(2) If this division applies under section 335F(2), the relevant officer may, by notice, ask the mining tenement holder and the owner or occupier or other person with an interest in the concerns (also the parties) to attend a conference by the relevant officer about the concerns.

'(3) The notice must state when and where the conference will be held and what is to be discussed at the conference.

'(1) Apart from the relevant officer, anyone given notice of the conference may attend and take part in the conference.

'(2) Also, with the relevant officer's approval, someone else may be present to help a person attending the conference.

'(3) However, a party can not be represented by a lawyer unless the parties agree and the relevant officer is satisfied there is no disadvantage to a party.

'(1) This section applies if a party given notice of the conference does not attend.

'(2) The relevant officer may hold the conference even though someone given notice of it does not attend.

Note--

If the conference was called because of an election notice and only 1 party attends, the Land Court may decide the issue of compensation. See schedule 1, section 22.

'(3) A party who attended the conference may apply to the Land Court for an order requiring the party who did not attend to pay the attending party's reasonable costs of attending.

'(4) The Land Court must not order the party who did not attend to pay costs if it is satisfied the party had a reasonable excuse for not attending.

'(5) If the Land Court makes the order, it must decide the amount of the costs.

'(1) In conducting the conference, the relevant officer must endeavour to help those attending to reach an early and inexpensive settlement of the subject of the conference.

'(2) Subject to schedule 1, section 21, the relevant officer is to decide how the conference is to be conducted.

'Nothing said by a person at the conference is admissible in evidence in a proceeding without the person's consent.

'(1) If, at the conference, the parties negotiate an agreement about the concerns the subject of the conference, the agreement must be written and signed by or for the parties.

'(2) The agreement--

(a) may, if appropriate, be a conduct and compensation agreement or an amendment of an existing conduct and compensation agreement between the parties; and

(b) has the same effect as any other compromise.'.