TITLE 12 CONSERVATION AND NATURAL RESOURCES

Section 4. Mineral Resources and Caves, 12-4-1 through 12-4-147.

ARTICLE 2 MINING AND DRILLING

12-4-43. Powers of board as to deep drilling.

For the purpose of this part:

1. The board shall have the authority to make such inquiries as it may deem necessary into any matter over which it has jurisdiction;
2. The board shall have the jurisdiction of and authority over the drilling of and subsequent use of any well for the exploration or production of oil and gas; any well for the exploration or production of any other mineral drilled to a depth greater than 1,800 feet; any well for the exploration or production of any mineral located in the environmentally sensitive area of the coastal zone and which is drilled to a depth sufficient to penetrate the fresh-water aquifer system; any underground storage well with the exception of those wells covered by Article 3 of Chapter 4 of Title 46; any well for the underground disposal of waste materials; any well for the production of fresh water drilled to a depth greater than 1,800 feet; and any well for the exploration or production of brine or salt water;
3. The board shall have the authority to regulate the spacing of wells and the production of all oil and gas and the production of any other minerals produced through a well or bore hole in liquid or slurry form to a depth greater than 1,800 feet or located in the environmentally sensitive area; provided, however, that this authority does not extend to the drilling of wells for the production of fresh water used for drinking, residential, industrial, or agricultural purposes, except as provided for in paragraph (2) of this Code section;
4. The board shall have the power to adopt and promulgate rules and regulations necessary to effectuate the purposes of this part;
5. The board may delegate to the director the administrative duties and powers, including, without limitation, the power to consider and issue permits to drill wells and to establish drilling and operation units, created under the authority of this part; and
6. Upon receipt of at least 12 applications during a calendar year for any permit to drill any well for the exploration or production of oil or gas, the board may delegate to the director the authority to create an Oil and Gas Board to review and issue permits and regulate drilling activity. Any such Oil and Gas Board shall consist of the state geologist and three other members appointed by the Governor.

(Ga. L. 1975, p. 966, § 4; Ga. L. 1976, p. 544, § 4; Ga. L. 1984, p. 398, § 2; Ga. L. 2018, p. 953, § 1/HB 205.)

The 2018 amendment, effective May 8, 2018, substituted "; and" for a period at the end of paragraph (5) and added paragraph (6).