Queensland Numbered Acts

GEOTHERMAL ENERGY ACT 2010 No. 31 - SECT 488

Chapter 10, heading--

omit, insert--

'(1) This part applies if an authorised officer is given an election notice by a petroleum authority holder or an eligible claimant asking for a conference.

'(2) This part also applies if--

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

(i) that someone claiming to act under a petroleum authority, or to have entered land on the authority 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 petroleum authority;

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

(iii) the conduct on the land of someone apparently acting under a petroleum authority; or

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

(c) for another reason, an authorised officer considers it desirable to call a conference to discuss concerns about a petroleum authority.

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

'(2) If this part applies under section 734B(2), the authorised officer may, by notice, ask the petroleum authority holder and the owner or occupier or other person with an interest in the concerns (also the parties) to attend a conference by the authorised 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 authorised officer, anyone given notice of the conference may attend and take part in the conference.

'(2) Also, with the authorised 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 authorised 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 authorised 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 section 537B.

'(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 authorised officer must endeavour to help those attending to reach an early and inexpensive settlement of the subject of the conference.

'(2) Subject to section 537AB, the authorised 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.'.