HAR §13-183-3. Definitions

As used herein unless otherwise provided: "Board" means the board of land and natural resources. "Chairperson" means the chairperson of the board of land and natural resources or the designated representative. "Commercial quantities" means quantities sufficient to provide a return after current production and operating costs have been met. "Department" means the department of land and natural resources. "Force Majeure" means any fire, explosion, flood, volcanic activity, seismic or tidal wave, mobilization, war (whether declared or undeclared), act of any belligerent in any such war, riot, rebellion, the elements, power shortages, strike, lockout, difference of workers, any cause which prevents the economic mining of the geothermal resources, restraints by courts, or other governmental authorities, failure or unreasonable delay by governmental authorities in issuance of permits or approvals or any other cause beyond the reasonable control of the parties affected, whether or not of the nature or character hereinabove specifically enumerated. "Geothermal by-product" means any mineral or minerals (exclusive of oil, hydrocarbon gas and helium) which are found in solution or developed in association with geothermal resources and demineralized or desalted effluent water. "Geothermal resources" means the natural heat of the earth, the energy, in whatever form, below the surface of the earth present in, resulting from, or created by, or which may be extracted from the natural heat, and all minerals in solution or other products obtained from naturally heated fluids, brines, associated gases and steam, in whatever form, found below the surface of the earth, but excluding oil, hydrocarbon gas or other hydrocarbon substances. "Mining lease" means a lease of the right to conduct geothermal operations on State lands or reserved lands to discover, develop, produce, and utilize geothermal resources therein. Unless the context indicates otherwise, "lease" or "geothermal lease" means "mining lease". "Mining lessee" means any person as defined herein to whom a mining lease has been granted including a transferee, assignee, sublessee or successor in interest. It also means any agent of 6 the mining lessee or an operator holding authority by or through the mining lessee. Unless the context indicates otherwise "Lessee" means "mining lessee". "Mining operations" means the process of excavation, extraction and removal of minerals, and the development of any and all geothermal resources, from the ground, design engineering, other engineering, erection or transportation facilities and port facilities, erection of necessary plants, other necessary operations or development approved by the board preceding or connected with the actual extraction of minerals and the development of geothermal resources. "Occupier" means any person who owns in fee the surface of the land or any person entitled to the possession of land under a certificate of occupation, a nine hundred and ninety-nine year homestead lease, a right of purchase lease, a cash freehold agreement, or under a deed, grant, or patent, and any person entitled to possession under a general lease from the state, and also means and includes the assignee of the right to a mining lease from any one of the above. "Operator" means any person as defined herein engaged in drilling, maintaining, operating, producing, or having control or management of any geothermal well or the development of geothermal resources. The operator may be the landowner, the lessee, designated operator, or agent of the lessee or holder of rights under an approved operating agreement. "Person" means a United States citizen of legal age, association of the citizens, firms and corporations organized under the laws of the United States, any state or District of Columbia and qualified to do business in the state, including any governmental unit, trust or estate. "Reserved lands" means those lands owned or leased by any person in which the state or its predecessors in interest has reserved to itself, expressly or by implication the minerals or right to mine minerals, or both. "State lands" includes all public and other lands owned by or in possession, use and control of the State of Hawaii or any of its agencies. "Unit agreement" means an agreement or plan of development and operation for the production and utilization of geothermal resources as a single consolidated unit without regard to separate ownerships and which provides for the allocation of costs and benefits on a basis defined in the agreement or plan. "Waste" means the unnecessary or excessive dissipation or loss of geothermal resources resulting from the location, spacing, drilling, equipping, operation or production of a geothermal resources well or wells, or with respect to the production, gathering, transportation, storage, handling or utilization of geothermal resources. [Eff. JUN 22 1981] (Auth: 7 HRS §182-14) (Imp: HRS §§182-1, 182-14)