Queensland Numbered Acts Queensland Numbered ActsChapter 5--
insert--
'This division does not apply for a geothermal exploration permit that is, or is included in, a project declared under the State Development and Public Works Organisation Act 1971, section 26, to be a significant project.
'(1) A notifiable road use, for a geothermal exploration permit, is--
(a) the use of a public road in the area of the permit for transport relating to a seismic survey or drilling activity; or
(b) the use of a public road at more than the threshold rate if the haulage relates to the transportation of equipment, plant or materials used for activities authorised under the permit.
'(2) Subsection (1)(b) applies even if the road is not on land in the area of the permit.
'(3) In this section--
threshold rate means--
(a) for a State-controlled road--50 000 t a year; or
(b) for another public road--10 000 t a year.
'(1) It is a condition of a geothermal exploration permit that its holder must not use a public road for a notifiable road use unless the holder has given the public road authority for the road notice that the holder proposes to carry out the use.13
'(2) The notice must--
(a) be given--
(i) at least 10 business days before the use starts; or
(ii) within a shorter period agreed to by the public road authority in writing; and
(b) state each of the following--
(i) the public road proposed to be used;
(ii) the type of haulage under the use;
Example of type of haulage--
vehicle type
material hauled
(iii) the total weight of material proposed to be hauled;
(iv) when the use is proposed to start and end;
(v) the frequency of vehicle movements;
(vi) contact details for the holder or someone else the holder has authorised to discuss the matters stated in the notice.
'(1) The public road authority for a public road may, by written notice, give a geothermal exploration permit holder a direction (a road use direction) about the way the holder may use the road for notifiable road uses being carried out, or proposed to be carried out, by the holder.
'(2) The direction must--
(a) be reasonable; and
(b) only be about--
(i) preserving the condition of the road; or
(ii) the safety of road-users or the public; and
(c) be accompanied by, or include, an information notice about the decision to give the direction.
Examples of what a direction may be about--
when the road may be used
the route for the movement of heavy vehicles
safety precautions the holder must take
'(3) The direction may also require the holder to--
(a) carry out an assessment of the impacts likely to arise from the notifiable road use the subject of the notice; and
(b) consult with the public road authority in carrying out the assessment.
'(4) However--
(a) an assessment can not be required if the notifiable road use is transport relating to a seismic survey or drilling activity; and
(b) the public road authority can not require an assessment of an impact to the extent it has already been assessed under an EIS under the Environmental Protection Act 1994, or a similar document under another Act.
'It is a condition of a geothermal exploration permit that its holder must comply with any road use direction given to the holder relating to the permit, unless the holder has a reasonable excuse.
'(1) The holder of a geothermal exploration permit is liable to compensate the public road authority for a public road for any cost, damage or loss it incurs, or will incur, that is or will be caused by notifiable road uses carried out by the holder that relate to the road.
Examples of a possible cost for subsection (1)--
repair costs to rectify damage to the road caused, or that will be caused, by any of the uses
capital costs for unplanned upgrades of the road incurred, or that will be incurred, because of any of the uses
bring-forward costs, including interest charges, for a planned upgrade of the road that, because of any of the uses, is or will be required earlier than planned
'(2) The holder's liability under subsection (1) is the holder's compensation liability to the public road authority.
'(3) The compensation liability--
(a) applies whether or not the holder has, under section 97C, given notice of the use; and
(b) is subject to section 97L; 14 and
(c) is in addition to, and does not limit or otherwise affect, the holder's liability under another provision of this Act about compensating the public road authority or anyone else.
'(1) A geothermal exploration permit holder and the public road authority for a public road may enter into an agreement (a compensation agreement) about the holder's compensation liability to the public road authority relating to the road.
'(2) A compensation agreement may relate to all or part of the liability.
'(3) A compensation agreement must--
(a) be signed by, or for, the holder and the public road authority; and
(b) state whether it is for all or part of the liability; and
(c) if it is for only part of the liability, state--
(i) each part of the notifiable road use to which the agreement relates; and
(ii) the period for which the agreement has effect; and
(d) provide for how and when the liability will be met.
'(4) A compensation agreement may provide for--
(a) monetary or non-monetary compensation; or
(b) a process by which it may be amended or enforced.
Example--
A compensation agreement may provide for compensation under it to be reviewed on the happening of a material change in circumstances for the permit, including a significant decrease or increase in the extent of the relevant notifiable road use.
'(5) Subsections (2) to (4) do not limit the matters that may be provided for in a compensation agreement.
'(1) The public road authority for a public road or a geothermal exploration permit holder may make an application (a compensation application) to the tribunal for it to decide the holder's compensation liability to the public road authority relating to the road.
'(2) The tribunal may decide the compensation liability only to the extent it is not subject to a compensation agreement.
'(3) In making the decision, the tribunal may have regard to whether the applicant has attempted to mediate or negotiate the compensation liability.
'(1) The criteria the tribunal must consider, in deciding a compensation application, include--
(a) the reasonableness of the cost, damage or loss claimed; and
(b) if the public road authority is a local government--the extent to which the cost, damage or loss claimed has been, will be or ought reasonably to be or to have been, paid from--
(i) amounts the geothermal exploration permit holder has paid, or agreed to pay, the public road authority for notifiable road uses; or
(ii) fees and charges under the Local Government Act 1993 paid or payable by the holder to the public road authority; and
(c) any other relevant matter.
'(2) In considering the reasonableness of any cost, damage or loss claimed, the tribunal must have regard to--
(a) any action taken, or proposal by, the holder to, or to attempt to, avoid, minimise or remedy the cost, damage or loss; and
(b) any relevant act or omission of the public road authority.
'(3) Subsection (1)(b)(ii) applies whether or not the rates and charges relate to notifiable road uses.
'(1) This section applies if--
(a) the compensation liability, or future compensation liability, of a geothermal exploration permit holder to a public road authority has been agreed to under a compensation agreement or decided by the tribunal (the original compensation); and
(b) there has, since the agreement or decision, been a material change in circumstances.
Example of a material change in circumstances--
a significant decrease or increase in the extent of the relevant notifiable road use
'(2) The public road authority or holder may apply to the tribunal for it to review the original compensation.
'(3) Sections 97H and 97I apply, with necessary changes, for the review as if the application were a compensation application.
'(4) The tribunal may, after carrying out the review, decide to confirm the original compensation or amend it in a way the tribunal considers appropriate.
'(5) However, before making the decision, the tribunal must have regard to--
(a) the original compensation; and
(b) whether the applicant has attempted to mediate or negotiate an amendment of the original compensation; and
(c) any change in the matters mentioned in section 97I(1) since the original compensation was agreed or decided.
'(6) If the decision is to amend the original compensation, the original compensation as amended under the decision is, for this Act, taken to be the original compensation.
'It is a condition of a geothermal exploration permit that its holder must not carry out a notifiable road use on a public road unless--
(a) the holder and the relevant public road authority have signed a compensation agreement for the use; or
(b) the public road authority has given written consent to the carrying out of the use; or
(c) a compensation application has been made to decide the holder's compensation liability to the public road authority relating to the road.
'(1) An agreement or decision under this part about compensation liability is binding on--
(a) the relevant public road authority and geothermal exploration permit holder; and
(b) each of their personal representatives, successors and assigns.
'(2) Subsection (1) is subject to section 97J.'.