Queensland Numbered Acts

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GEOTHERMAL ENERGY ACT 2010 No. 31 - SECT 464

464 Insertion of new pt 19, div 13, sdiv 2

Part 19, as inserted under this Act--

insert--

'(1) This section applies if a condition of a mining tenement requires the holder to comply with the old access code.

'(2) On the commencement of this section the condition ceases to be a condition of the mining tenement.

'(3) In this section--

old access code means the document called 'Code of Conduct-Procedures for Sound Landowner/Explorer Relations' approved by the Minister on 20 September 1990.

'If a condition of a mining tenement is inconsistent with a mandatory provision of the land access code, the mandatory provision prevails to the extent of the inconsistency.

'(1) If, before the commencement of this section, the Land Court had decided compensation under former section 145 or 191 for a matter, the decision is taken to be the compensation for the matter decided under schedule 1, section 22.

'(2) If, immediately before the commencement, a proceeding under former section 145 or 191 had been started--

(a) the proceeding may be finished as if schedule 1 had not been enacted; and
(b) compensation decided for the matter in the proceeding is taken to be the compensation decided under schedule 1, section 22 for the matter.

'(3) In carrying out a review of the compensation or decided compensation under schedule 1, section 22, the Land Court must apply former section 145 or 191--

(a) as if the review were the proceeding mentioned in the section; and
(b) with other necessary changes.

'(4) This section applies despite schedule 1, section 22(1).

'(1) This section applies if immediately before the commencement of this section an agreement was in force between--

(a) an exploration permit holder and an owner about the owner's entitlement under former section 145; or
(b) a mineral development licence holder and an owner about the owner's entitlement under former section 191.

'(2) On the commencement, the agreement becomes a conduct and compensation agreement under schedule 1.

'(1) This section applies if, before the commencement of this section, an exploration permit or mineral development licence holder had given an owner of land notice of entry under former section 163 or 211.

'(2) Despite schedule 1, the notice of entry may be renewed under former section 164 or 212, but only to the extent it relates to--

(a) a preliminary activity; or
(b) an advanced activity that the holder started before the commencement.

'(3) The notice of entry and any renewal of it under subsection (2)--

(a) is taken to be an entry notice for schedule 1; and
(b) continues to be valid for the carrying out by the holder after the commencement of an activity mentioned in subsection (2).

'(4) To remove any doubt, it is declared that subsection (3) applies even though a copy of any document required, under schedule 1, to accompany an entry notice did not accompany the notice of entry.

'(1) This section applies for an exploration permit or mineral development licence holder if the holder has given a converted entry notice.

'(2) During the term of the converted entry notice under former section 164 or 212, the conduct and compensation agreement requirement under schedule 1 does not apply to the holder.

'(3) To remove any doubt, it is declared that subsection (2) does not apply for any renewal of the converted entry notice.

'(4) In this section--

converted entry notice means a notice of entry that, under section 780(3), is taken to be an entry notice for schedule 1.

'Until the Geothermal Energy Act 2010, chapter 10, part 1 commences, a reference in this Act to a geothermal tenure is taken to be a reference to a geothermal exploration permit.'.



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