The purpose of this Act is (a) to provide for the economic, orderly, efficient and responsible development in the public interest of geothermal resources on Montserrat; (b) to secure the observance of safe and efficient practices in the public interest in the development of geothermal resources on Montserrat; (c) to provide for the responsible management of wells, facilities, well sites and facility sites throughout their life cycles; (d) to manage the development of geothermal resources as between licensees and in relation to the development and conservation of other energy resources on Montserrat; (e) to control pollution and to ensure the protection of the environment and public safety in the development of geothermal resources on Montserrat; and (f) to provide for the timely and useful collection, appraisal and dissemination of information regarding geothermal resources on Monserrat. The Document has 11 parts, each divided into sections, and a schedule. The second and third parts of the document provide for the establishment, constitution, functions, duties and powers of the Geothermal Resources Steering Committee, which is a statutory board that advises the Minister responsible for energy on policy formulation, resource allocation, regional and international cooperation, public education and other matters related to geothermal resources. The fourth part of the document defines geothermal resources as sui generis property that is vested in and controlled by the Crown, and comprises geothermal energy and all products of geothermal processes, such as steam, water, gas, heat and by-products. Part 6 concerns geothermal resource development; it is subject to the Physical Planning Act and the Licensing of Utility Services Act, except as modified or excluded by this Act. The Landholding Control Act does not apply to geothermal resource developers. The Governor acting on the advice of Cabinet may designate any place as a special geothermal zone if it is likely to be a source of geothermal resources and it is in the public interest to allocate the right to use them through a tender process. The Planning and Development Authority shall not approve any development in that zone that is inconsistent with this Act. Reconnaissance does not require an agreement, but exploration and use of geothermal resources require a Geothermal Exploration Agreement or a Geothermal Resources Concession, respectively. Export of electricity generated from geothermal resources requires authorisation by the Governor acting on the advice of Cabinet. Part 6 allocation of geothermal resources by the Governor; the Governor acting on the advice of Cabinet may enter into two types of development agreements for geothermal resource development: a Geothermal Exploration Agreement that authorises the exploration for geothermal resources, or a Geothermal Resources Concession that authorises the use of geothermal resources. The allocation of geothermal resources may be done through a tender process or a non-competitive negotiated process, depending on whether the area to be developed is located in a special geothermal zone or not. A special geothermal zone is an area designated by the Governor acting on the advice of Cabinet as likely to be a source of geothermal resources and in the public interest to be allocated through a tender process. The Steering Committee is responsible for reviewing the applications for geothermal resource development agreements and making recommendations to the Governor acting on the advice of Cabinet based on the criteria set out in the document. The Governor acting on the advice of Cabinet may also grant consent to the transfer of interests or rights under a geothermal resource development agreement, subject to consultation with the Steering Committee and satisfaction of certain conditions. Part 7 contain procedures for obtaining a geothermal resources development agreement.
مونسراط (المملكة المتحدة) · 2023-04-21