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GEOTHERMAL ENERGY ACT 2010 No. 31 - SECT 492

492 Amendment of sch 2 (Dictionary)

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

omit.

(2) Schedule 2--

insert--

'ADR see section 537A(2)(b).

advanced activity, for a provision about a petroleum 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 5, division 2, means an application made under section 537H(1).

compensation liability--

(a) for chapter 5, part 5, division 1--see section 532(2); or
(b) for chapter 5, part 5, division 2--see section 537F(2).

conduct and compensation agreement see section 533(1).

conduct and compensation agreement requirement see section 500(2).

deferral agreement see section 500A(e)(i).

election notice see section 537A(2).

eligible claimant, for compensation, see section 532(1).

entry notice--

(a) for chapter 5, part 2, division 1, subdivision 1--see section 495(1); or
(b) for chapter 5, part 3--see section 526(2)(b).

land access code see 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 536(2)(a).

negotiation notice--

(a) for chapter 2, part 6, division 3, subdivision 4--see section 221(2)(a); or
(b) for chapter 5, part 5, division 1, subdivision 4--see section 535(1).

parties--

(a) for chapter 5, part 5, division 1, subdivision 4--see section 536(1); or
(b) for chapter 10, part 1AA--see section 734C.

preliminary activity--

1 A preliminary activity, for a provision about a petroleum authority, means an authorised activity for the permit or licence 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 2--means a waiver of entry notice mentioned in section 497 that complies with section 498(1); or
(b) for chapter 5, part 3--see section 526(3).'.

(3) Schedule 2, definition occupier, paragraph 1(i)--

omit, insert--

'(i) the person, 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'.


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