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Library Geothermal Resources Development Act (No. 12 of 2016).

Geothermal Resources Development Act (No. 12 of 2016).

Geothermal Resources Development Act (No. 12 of 2016).

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November 2016
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This Act concerns the development and management of geothermal resources for purposes of obtaining geothermal energy. It establishes the Geothermal Resources Advisory Committee. “Geothermal energy” means the energy derived or derivable from and produced within the earth by natural heat phenomena, and includes geothermal water. The Geothermal Resources Advisory Committee shall advise the Minister on development of geothermal energy. A geothermal resource is sui generis property and the rules relating to it, including the creation, acquisition, transfer, exercise, termination of rights respecting it, are set out in this Act. It is not considered a mineral, nor a water resource, nor real property (and is not subject to the Aliens Land Holding Regulation Act, 1995). Geothermal resources are vested in the State, and the Minister responsible for energy, on behalf of the State, may grant rights to a geothermal resource developer only under this Act. Provisions of the Physical Planning Act, 2002 shall apply to geothermal development.The Minister may, by notice in the Gazette, designate special geothermal zones. Exploration for geothermal resources requires authorization by a Geothermal Exploration Agreement and use any geothermal resources requires a Geothermal Resources Concession. A geothermal resource development agreement constitutes a development permission and building permission required by section 17(1) and section 62 respectively of the Physical Planning Act, 2002, an authorisation required by section 29(1) of the Electricity Supply Act, 2006, a certificate of approval required by section 10 of the Environmental Health Services Act, 1997, and a consent required by section 7 of the Noise Abatement Act. A Geothermal Exploration Agreement shall only require a geothermal resource developer to prepare an environmental impact assessment ahead of a well drilling and testing programme. A geothermal agreement or concession entitles the geothermal resource developer to obtain land including easements. ) Where the Advisory Committee advises the Minister that land is required for a geothermal resource development the State may— (a) compulsorily purchase that land in accordance with the Land Acquisition Act as being land required for public purposes within the meaning of that Act; or (b) acquire an easement over the land in a manner consistent with the Land Acquisition Act.

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