(2) Despite anything in the Geothermal Energy S. 40(2) Resources Act 2005, the Greenhouse Gas substituted by No. 40/1992 or the Geological Sequestration Act 2008 s. 17, Petroleum Act 1998 or any authority granted amended by Nos 96/1998 under either of those Acts, operations under such s. 257(4) an authority must not be carried out— (a)–(c), 7/2005 s. 171, 61/2008 (a) in a wilderness park or a wilderness zone; or s. 320. (b) in a marine national park or a marine S. 40(2)(b) substituted by sanctuary except— No. 40/2002 s. 11(2). (i) for the purposes of petroleum exploration from an aircraft or from a vessel that is carried out in a manner which does not detrimentally affect the seabed of the park or any flora or fauna of the park; and (ii) with the consent of the Minister and subject to any terms and conditions that the Minister thinks fit to impose; or (c) in any land in any park (other than a S. 40(2)(c) inserted by wilderness park, wilderness zone, marine No. 40/2002 national park or marine sanctuary) except s. 11(2). with the consent of the Minister and subject to any terms and conditions that the Minister thinks fit to impose. (3) A consent shall not be given by the Minister for S. 40(3) amended by the purposes of subsection (1), (1A), (1C), (1G) Nos 9936 or (2) unless the advice of the National Parks s. 108(c), 50/2002 Advisory Council has been first obtained. s. 10(2). (4) If any person is aggrieved by any refusal by the Minister to give consent under this section or by any terms or conditions imposed pursuant to this section he may in writing to the Minister appeal to the Governor in Council whose decision shall be final.
S. 40(2) substituted by No. 40/1992 s. 17, amended by Nos 96/1998 s. 257(4) (a)–(c), 7/2005 s. 171, 61/2008 s. 320. (2) Despite anything in the Geothermal Energy Resources Act 2005, the Greenhouse Gas Geological Sequestration Act 2008 or the Petroleum Act 1998 or any authority granted under either of those Acts, operations under such an authority must not be carried out— (a) in a wilderness park or a wilderness zone; or S. 40(2)(b) substituted by No. 40/2002 s. 11(2). (b) in a marine national park or a marine sanctuary except— (i) for the purposes of petroleum exploration from an aircraft or from a vessel that is carried out in a manner which does not detrimentally affect the seabed of the park or any flora or fauna of the park; and (ii) with the consent of the Minister and subject to any terms and conditions that the Minister thinks fit to impose; or S. 40(2)(c) inserted by No. 40/2002 s. 11(2). (c) in any land in any park (other than a wilderness park, wilderness zone, marine national park or marine sanctuary) except with the consent of the Minister and subject to any terms and conditions that the Minister thinks fit to impose. S. 40(3) amended by Nos 9936 s. 108(c), 50/2002 s. 10(2). (3) A consent shall not be given by the Minister for the purposes of subsection (1), (1A), (1C), (1G) or (2) unless the advice of the National Parks Advisory Council has been first obtained. (4) If any person is aggrieved by any refusal by the Minister to give consent under this section or by any terms or conditions imposed pursuant to this section he may in writing to the Minister appeal to the Governor in Council whose decision shall be final.
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