Commentary on Sections Petroleum and geothermal energy in deep-level land Section 43: Petroleum and geothermal energy: right to use deep-level land
257.Subsection (1) provides for a right to use deep-level land for the purpose of exploiting petroleum or deep geothermal energy.
258.The right of use is only applicable to land that is deep-level land within a landward area (subsection (2)). Subsection (3) clarifies that deep-level land within a landward area may still be used to exploit petroleum or deep geothermal outside a landward area. It is therefore possible, for example, for a person to benefit from the right of use when drilling from a point onshore into a resource offshore, although the right will not extend to works that are not within a landward area and are not in deep-level land.
259.Subsection (4) defines deep-level as any land at a depth of at least 300 metres below the surface.