Queensland Numbered Acts

MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012 No. 20 - SECT 23

Chapter 9—

insert—

'In this part—

amending Act means the Mines Legislation (Streamlining) Amendment Act 2012.

commencement means the commencement of the section in which the term is used.

former, in relation to a provision, means the provision as in force before the commencement of the section in which the term is used.

'(1) This section applies if—

(a) land in a geothermal tenure's area was taken under a resumption law before the commencement; and

(b) at the commencement, the entity taking the land has not taken action indicating the geothermal tenure was extinguished (wholly or partly) when the land was taken.

Examples of action for paragraph (b)—

serving a copy of the resumption notice for the taking of the land on the geothermal tenure holder (in the holder's capacity as the holder of the tenure)

entering into an agreement under the ALA, section 15 with the geothermal tenure holder for the taking of the land

negotiating, or taking other action relating to, the compensation payable to the geothermal tenure holder for the taking of the land

paying compensation to the geothermal tenure holder for the taking of the land

arranging for the taking of the land to be recorded in the geothermal register against the geothermal tenure

'(2) The taking of the land did not extinguish (wholly or partly) the geothermal tenure or any other geothermal interest relating to the tenure.

'(3) Subsection (2) does not affect the ending of a geothermal interest (wholly or partly) in any other way, including, for example—

(a) by the entity taking the land acquiring the geothermal interest (wholly or partly) under a separate commercial agreement or other arrangement with the holder of the interest; or

(b) by the geothermal interest holder surrendering the interest (wholly or partly) under this Act.

'(1) This section applies if—

(a) before the commencement, an entity gave a notice of intention to resume for the proposed taking, under a resumption law, of land in a geothermal tenure's area; and

(b) at the commencement, the land had not been taken under the resumption law.

'(2) If the land is taken other than by taking or otherwise creating an easement, sections 350A to 350D apply in relation to the taking, except that the resumption notice for the taking may provide for the extinguishment of a geothermal interest on the taking even if the notice of intention to resume does not comply with section 350A(8).

'(3) If the land is taken by taking or otherwise creating an easement, section 350D applies in relation to the taking.'.