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GEOTHERMAL ENERGY ACT 2010 No. 31 - SECT 527

527 Insertion of new pt 19, div 13, sdiv 3

Part 19, division 13, as inserted under this Act--

insert--

'In this subdivision--

converted geothermal permit means a geothermal exploration permit under the repealed Geothermal Exploration Act 2004 that, under the Geothermal Act, chapter 9, part 2 becomes a geothermal permit.

start day means the day section 318ELAM commences.

'(1) This section applies to a mining tenement application if--

(a) it was made before the start day; and
(b) there is an overlapping geothermal tenure for the proposed mining tenement.

'(2) The repealed coordination provisions cease to apply to the mining tenement application.

'(3) Part 7AAC applies to the mining tenement application.

'(4) If the mining tenement application is for a mining lease, subsections (5) to (9) apply for the application of part 7AAC under subsection (3).

'(5) The mining lease application is taken to have been validly made even though it was made without complying with the requirements under section 318ELAQ.

'(6) However, the applicant must, as soon as practicable after the start day, lodge with the mining registrar documents for the mining lease application that comply with the requirements.

'(7) A reference to a mining lease application is taken to be a reference to the mining lease application and the documents.

'(8) A reference to the making of a mining lease application is taken to be a reference to the lodgement of the documents.

'(9) In this section--

converted geothermal permit application means a tender under the repealed Geothermal Exploration Act 2004 for a proposed geothermal exploration permit that, under the Geothermal Act, chapter 9, part 2 becomes an application for a geothermal permit.

overlapping geothermal tenure means a geothermal tenure that is an overlapping authority (geothermal or GHG) for the proposed mining tenement, as defined under section 318ELAN.

repealed coordination provisions means the following provisions as in force before the start day--

(a) sections 51 and 248 to the extent they applied for a converted geothermal permit;
(b) section 249 to the extent it applied for a converted geothermal permit application.

'(1) This section applies to a mining claim granted before the start day for land in the area of a converted geothermal permit.

'(2) Part 7AAC, division 5, subdivision 1 does not apply if the permit holder's written consent to the grant was given under section 51(1)(f) as in force before the start day.

Editor's note--
Part 7AAC, division 5, subdivision 1 (Restrictions on authorised activities for particular mining tenements).'.


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