Western Australian Consolidated Acts Western Australian Consolidated Acts (1) This Act applies
to all natural persons, whether Australian citizens or not, and whether
resident in the State or not, and to all corporations, whether incorporated or
carrying on business in the State or not.
(2) The conferral by
or under this Act or by any permit, drilling reservation, lease, licence,
special prospecting authority or access authority of rights over any land to
which Part III of the Aboriginal Affairs Planning Authority Act 1972
applies does not prevent or in any way affect the application of
section 31 of that Act to any person exercising those rights.
(3) The taking or use
of any water for the purposes of any operations carried out under the
authority of a permit, drilling reservation, access authority, special
prospecting authority, lease or licence is subject to the Rights in Water and
Irrigation Act 1914 .
(4) This Act does not
apply to operations for the recovery of geothermal energy —
(a) that
are carried out for the purposes of a small scale ground source heat pump used
at or near the source of the geothermal energy; or
(b) that
involve small scale recovery of geothermal energy not for a commercial
purpose; or
(c) that
are of a kind prescribed by the regulations.
(5) Without limiting
subsection (4)(b), the regulations may specify whether the small scale
recovery of geothermal energy in prescribed circumstances or for a prescribed
reason is or is not for a commercial purpose.
[Section 7 amended by No. 107 of 1982
s. 6; No. 12 of 1990 s. 6; No. 78 of 1990 s. 7; No.
35 of 2007 s. 7.]