Geothermal Energy Regulations 2009

(1) This regulation applies if, after considering an application for the grant or renewal of a geothermal exploration permit, the Minister:

(a) decides, under section 17(2)(a) or (b) of the Act, to grant a permit over all or some of the blocks comprising the application area; or

(b) decides, under section 19(1)(a) or (b) of the Act, to renew the permit over all or some of the blocks comprising the application area.

(2) The Minister must give the applicant a notice of the decision stating the following:

(a) the blocks for which the Minister intends to grant or renew the permit and, if applicable, the reason why the Minister does not intend to grant or renew the permit for all the blocks comprising the application area;

(c) that the applicant may accept the decision by giving the Minister a written notice of acceptance within the time specified in the notice (the specified time), in which case the Minister will grant or renew the permit on receipt of the notice;

(d) that the applicant may, within the specified time, give the Minister a written notice requesting the Minister to vary the decision in 1 or both of the following ways:

(i) if the Minister intends to grant or renew the permit over some of the blocks comprising the application area – by varying the blocks that will comprise the permit area in the way specified in the request;

(3) The specified time must be at least 28 days after the date on which the applicant is given the notice.

(4) If the applicant gives the Minister a notice under subregulation (2)(d) within the specified time or an extended time, the Minister must:

(a) vary the decision notified under subregulation (2) (the original decision) in the way requested by the applicant and grant or renew the permit in accordance with the variation; or

(b) vary the original decision in another way, grant or renew the permit in accordance with the variation, and give the applicant a reviewable decision notice relating to the variation; or

(c) refuse to vary the original decision, grant or renew the permit in accordance with the original decision, and give the applicant a reviewable decision notice relating to the refusal to vary the original decision.

(5) If the applicant does not give the Minister a notice under subregulation (2)(c) or (d) within the specified time or an extended time, the Minister must:

(a) grant or renew the permit as notified in the original decision; and

(b) if the Minister has granted or renewed the permit over some of the blocks comprising the application area or included conditions in the permit – give the applicant a reviewable decision notice relating to the blocks or conditions (or both) stated in the original decision.