Queensland Numbered Acts

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GEOTHERMAL ENERGY ACT 2010 No. 31 - SECT 29

29 Reservation in land grants

(1) This section applies to each grant under another Act of a right relating to land.

(2) This section applies whether the grant was made before or after the commencement of this section.

(3) The grant is taken to contain a reservation to the State of--

(a) all geothermal energy on or below the surface of the land; and
(b) the exclusive right to do the following in relation to the land--
(i) to enter and carry out any geothermal activity;
(ii) to authorise, under this Act, persons to carry out any geothermal activity;
(iii) to regulate, under this Act, geothermal activities carried out by others.
Note--
See, however, section 375 (Provision for entry by State to carry out geothermal activity).

(4) In this section--

grant, of a right, includes an authority, lease, licence, permit or other instrument of tenure, however called.

Notes--
1 For the general requirement to have a geothermal tenure and the exceptions to the requirement, see section 327.
2 In particular, section 327 does not require the holding of a geothermal permit for geothermal exploration that is only for exempt heat pump production.
3 Chapter 5 (Coordination with particular authorities under other resource Acts) imposes requirements for and restrictions on the granting of, and restrictions on authorised activities that may be carried out under, particular geothermal tenures. See section 134.


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