Geothermal Energy Act 2010

An Act to enable and facilitate the production of geothermal energy

Long title amd 2010 No. 31 s 585 sch 2 pt 3

1Short title

This Act may be cited as the Geothermal Energy Act 2010.

2Commencement

(1)Subject to subsections (2) and (3), this Act commences on a day to be fixed by proclamation.

(2)The following provisions commence on the date of assent—

(a)chapter 9, part 2;

(b)chapter 10, part 1;

(c)schedule 2, part 1.

(3)Schedule 2, part 3 commences immediately after all of chapter 10 and all of the other provisions of schedule 2 have commenced.

3Purposes of Act and their achievement

(1)The main purpose of this Act is to encourage and facilitate the safe production of geothermal energy for the benefit of all Queenslanders.

(2)The main purpose is achieved principally by—

(a)providing for the granting of authorities (called ‘geothermal tenures’) to explore for or produce geothermal energy; and

Note—

Under section 327, there are several exemptions from the requirement to hold a geothermal tenure. They include exemptions for—

•exempt heat pump production

•other geothermal production that is not of a large-scale.

(b)creating a regulatory system for the carrying out of activities relating to geothermal tenures.

(3)Other purposes of this Act are to—

(a)ensure the following for the carrying out of the activities—

(i)minimisation of conflict with other land uses;

(ii)constructive consultation with people affected by the activities;

(iii)appropriate compensation for owners or occupiers of land adversely affected by the activities;

(iv)responsible land and resource management; and

(b)encourage the use of renewable energy in the State.

4Facilitation of Act by Petroleum and Gas (Production and Safety) Act 2004

The Petroleum and Gas (Production and Safety) Act 2004 (the P&G Act) also facilitates the operation of this Act by—

(a)applying chapter 9 of that Act (the P&G Act safety provisions) to particular authorised activities for a geothermal tenure; and

(b)applying its provisions about investigations and some of its provisions about enforcement to authorised activities for geothermal tenures.

5Act binds all persons

(1)This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)However, the Commonwealth or a State can not be prosecuted for an offence against this Act.

6Application of Act to coastal waters of the State

(1)This Act applies to the coastal waters of the State as if the coastal waters of the State were part of the State.

(2)However, this Act does not apply to the adjacent area under the Petroleum (Submerged Lands) Act 1982.

7Relationship with Nature Conservation Act 1992

This Act is subject to the Nature Conservation Act 1992, sections 27 and 70QA.

Editor’s note—

Nature Conservation Act 1992, sections 27 (Prohibition on mining, geothermal activities and GHG storage activities) and 70QA (Prohibition on mining, geothermal activities and GHG storage activities in forest reserves)

8Relationship with GHG storage Act and principal mining and petroleum Acts

The relationship between this Act and the following Acts and the tenures and other authorities under them is provided for under chapter 5, parts 2 to 8 and—

(a)for the Greenhouse Gas Storage Act 2009 (the GHG storage Act)—chapter 4, parts 2 to 8 of that Act;

(b)for the Mineral Resources Act 1989 (the Mineral Resources Act)—chapter 9 of that Act;

(c)for the Petroleum Act 1923 (the 1923 Act)—section 40(1A) and part 6FA of that Act;

(d)for the P&G Act—chapter 3A of that Act.

s 8 amd 2012 No. 20 s 323 sch 3

8AARelationship with Common Provisions Act

The relationship between this Act and the Common Provisions Act is provided for under the Common Provisions Act, section 6.

s 8AA ins 2014 No. 47 s 288

8ADeclaration for Commonwealth Act

A geothermal tenure is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth).

s 8A ins 2012 No. 20 s 9

9Act does not affect other rights or remedies

(1)Subject to sections 202, 360 and 381 this Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.

Editor’s note—

sections 202 (Responsibility for geothermal well after decommissioning), 360 (Limitation of owner’s or occupier’s tortious liability for authorised activities) and 381 (Protection from liability for particular persons)

(2)Without limiting subsection (1), compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.

(3)In addition, a breach of an obligation under this Act does not of itself give rise to an action for breach of statutory duty or another civil right or remedy.

(4)This Act does not limit a court’s powers under the Penalties and Sentences Act 1992 or another law.

10Definitions

The dictionary in schedule 2 defines particular words used in this Act.

s 10 amd 2010 No. 31 s 585 sch 2 pt 3

11What is geothermal energy

Geothermal energy is heat energy derived from the earth’s natural (subsurface) heat.

12What are geothermal resources

Geothermal resources are geological strata and associated material in which elevated levels of geothermal energy exist.

Examples of associated material—

groundwater, other fluids and gases that may fill fractures or voids in geological strata

13What is geothermal exploration

Geothermal exploration is—

(a)exploring for and quantifying geothermal resources; and

(b)carrying out investigations and other activities associated with exploring for, or quantifying, geothermal resources.

Note—

Some geothermal exploration and production is not regulated under this Act, but may be under other legislation. See section 327(b) and (d) to (f) and note and also sections 16, 35 and 77.

14What is geothermal production

(1)Geothermal production is the recovery of geothermal energy—

(a)on or from beneath the surface of the land in which it is contained, other than production testing; or

(b)from a place at which geothermal energy naturally appears at the surface of the land.

Example for paragraph (b)—

hot springs

(2)However, for this Act, geothermal energy is only produced when it is used for any purpose.

15What is exempt heat pump production

Exempt heat pump production is geothermal production using a geothermal heat pump if—

(a)the purpose of the production is to cool or heat buildings; and

(b)the production is not of a large-scale.

16References to large-scale geothermal production

(1)This section applies to a reference in this Act to large-scale geothermal production.

(2)In deciding whether geothermal production is or will not be of a large-scale, regard must be had to any criteria prescribed under a regulation.

(3)In making a regulation under subsection (2), the following may be considered—

(a)the temperature of fluid or gases extracted in the geothermal production;

(b)the flow rate of fluid or gases extracted in the geothermal production;

(c)the amount of geothermal energy produced.

(4)In this section—

geothermal production includes proposed geothermal production.

17What is production testing

Production testing is testing from a geothermal well to evaluate the feasibility of geothermal production.

18What is a geothermal activity

A geothermal activity is any activity that may be an authorised activity for any geothermal tenure, whether or not a geothermal tenure has been granted for the activity.

19Types of authority under Act

(1)The types of authority under this Act are—

(a)a geothermal exploration permit (also called a geothermal permit)—

(i)granted under section 40; or

(ii)continued in force under section 79 or 293; or

(iii)renewed under section 294; and

Note—

See also section 399 (Conversion of 2004 Act permits on 2010 Act start day).

(b)a geothermal production lease (also called a geothermal lease)—

(i)granted under section 82; or

(ii)continued in force under section 79 or 293; or

(iii)renewed under section 294.

(2)A geothermal tenure is a geothermal permit or a geothermal lease.

20What are the conditions of a geothermal tenure

(1)The conditions of a geothermal tenure are—

(a)the conditions stated in it from time to time; and

(b)the geothermal tenure holder’s obligations under chapters 2 to 6; and

(c)any condition of the geothermal tenure imposed under chapters 2 to 6 or prescribed under section 385; and

(d)a condition that the holder must ensure each person who, under section 359, may carry out an authorised activity for the geothermal tenure complies with its conditions to the extent the conditions apply to the carrying out of the activity.

(2)A condition mentioned in subsection (1)(b) or (c) is a mandatory condition of the geothermal tenure.

21References to geothermal tenure or provisions of geothermal tenure

(1)A reference in this Act to a geothermal tenure includes a reference to its provisions.

(2)A reference in this Act to the provisions of a geothermal tenure is a reference to its mandatory or other conditions and anything written in it.

22What is an authorised activity for a geothermal tenure

An authorised activity, for a geothermal tenure, is an activity that its holder is, under this Act or the tenure, entitled to carry out in relation to the tenure.

Notes—

1The provisions of the geothermal tenure may restrict the carrying out of authorised activities. See sections 40, 82, 295, 296, 297 and 320(3).

2The carrying out of authorised activities is subject to the restrictions under chapters 2 to 6 and section 357 and holder’s rights and obligations under those chapters.

3The carrying out of particular activities on particular land in the geothermal tenure’s area may not be authorised following the taking of the land under a resumption law. See section 350B.

s 22 amd 2012 No. 20 s 10

23Who is an eligible person

An eligible person is—

(a)an adult; or

(b)a company or registered body under the Corporations Act; or

(c)a government owned corporation.

24What is a work program for a geothermal permit

(1)The work program, for a geothermal permit, is its current initial or later work program approved under chapter 2, part 3 as amended from time to time under that part.

(2)For subsection (1), the work program is current if the period to which the program applies has started and not ended.

25What is a development plan for a geothermal lease

(1)The development plan, for a geothermal lease, is its current initial or later development plan approved under chapter 3, part 3 as amended from time to time under that part.

(2)For subsection (1), the development plan is current if the period to which the plan applies has started and has not ended.

26Graticulation of earth’s surface into blocks and sub-blocks

(1)A block is the land resulting from a notional division of the earth’s surface—

(a)by 2 meridians of longitude 5 minutes apart, each meridian being a multiple of 5 minutes of longitude from the meridian of Greenwich; and

(b)by 2 parallels of latitude 5 minutes apart, each parallel being a multiple of 5 minutes of latitude from the equator.

(2)A sub-block is the land resulting from a notional division of a block into 25 areas, each sub-block being bounded by 2 meridians of longitude 1 minute of longitude apart and 2 parallels of latitude 1 minute of latitude apart.

(3)Each block and sub-block must be identified in the way approved by the chief executive.

27What is a resource Act

A resource Act is any of the following—

•this Act

•the GHG storage Act

•the Mineral Resources Act

•the 1923 Act

•the P&G Act.

28State ownership of geothermal energy

(1)All geothermal energy on or below the surface of any land in the State is, and is taken always to have been, the property of the State.

(2)To remove any doubt, it is declared that—

(a)a person does not acquire any property in geothermal energy merely because the person discovers it or discovers geothermal resources from which geothermal energy may be extracted; and

(b)subsection (1) applies whether or not the land is freehold or other land.

(3)This section applies despite any other Act, grant, title or other document.

29Reservation in land grants

(1)This section applies to each grant under another Act of a right relating to land.

(2)This section applies whether the grant was made before or after the commencement of this section.

(3)The grant is taken to contain a reservation to the State of—

(a)all geothermal energy on or below the surface of the land; and

(b)the exclusive right to do the following in relation to the land—

(i)to enter and carry out any geothermal activity;

(ii)to authorise, under this Act, persons to carry out any geothermal activity;

(iii)to regulate, under this Act, geothermal activities carried out by others.

Note—

See, however, section 375 (Provision for entry by State to carry out geothermal activity).

(4)In this section—

grant, of a right, includes an authority, lease, licence, permit or other instrument of tenure, however called.

Notes—

1For the general requirement to have a geothermal tenure and the exceptions to the requirement, see section 327.

2In particular, section 327 does not require the holding of a geothermal permit for geothermal exploration that is only for exempt heat pump production.

3Chapter 5 (Coordination with particular authorities under other resource Acts) imposes requirements for and restrictions on the granting of, and restrictions on authorised activities that may be carried out under, particular geothermal tenures. See section 134.

30Operation of pt 1

This part provides for the key authorised activities for a geothermal permit.

Notes—

1For other authorised activities, see the Common Provisions Act, chapter 3, part 2, division 4 (Access to private land outside authorised area) and chapter 8, part 1, division 2 (General provisions about authorised activities).

2For general restrictions on authorised activities, their relationship with owners’ and occupiers’ rights and who may carry out authorised activities for a geothermal tenure holder, see chapter 4 and chapter 8, part 1, division 2.

3The carrying out of particular activities on particular land in the geothermal permit’s area may not be authorised following the taking of the land under a resumption law. See section 350B.

s 30 amd 2012 No. 20 s 11; 2014 No. 47 s 296

31Principal authorised activities

The geothermal permit holder may carry out the following activities in the permit’s area—

(a)geothermal exploration;

(b)evaluating the feasibility of geothermal production, including, for example, by production testing;

(c)plugging and abandoning, or otherwise remediating, a bore or well the holder reasonably believes is a legacy borehole, and rehabilitating the surrounding area in compliance with the requirements prescribed under a regulation.

s 31 amd 2014 No. 47 s 314

32Incidental activities

(1)The geothermal permit holder may carry out any other activity (an incidental activity) in the permit’s area if carrying out the activity is reasonably necessary for or is incidental to geothermal exploration.

Examples of incidental activities—

•constructing or operating facilities, plant or works, including, for example, communication systems, compressors, pipelines, pumping stations, reservoirs, roads, evaporation or storage ponds and tanks

•constructing or using temporary structures or structures of a technical nature

(2)However, constructing or using a structure, other than a temporary structure, for office or residential accommodation is not an incidental activity.

33Minister’s power to decide restricted areas for geothermal tenures

(1)The Minister may declare that land in an area (a restricted area) is land for which a geothermal tenure application can not be made.

(2)However, a declaration can not be made under subsection (1) for excluded land or land in an existing geothermal tenure’s area.

(3)The declaration must be made by gazette notice or by publishing a notice about the declaration.

34Amendment or cancellation of restricted area

(1)The power under section 33 to declare a restricted area includes the power to amend or cancel a restricted area.

(2)If land ceases to be in a restricted area, the relevant declaration may state a period within which geothermal permit applications for the land will not be considered, to allow them to be considered competitively after the period ends.

(3)Land mentioned in subsection (2) is a released area.

(4)The period stated under subsection (2) for a released area is the application period for the area.

35Who may apply

(1)Any eligible person may apply for a geothermal permit for land other than—

(a)land in a restricted area; or

(b)excluded land; or

(c)land in an existing geothermal tenure’s area; or

(d)land that has been in a geothermal tenure’s area and less than 2 months has passed since the end of the month in which the land ceased to be in—

(i)the geothermal tenure; or

(ii)if the geothermal tenure has ended—the former geothermal tenure’s area; or

(e)land that has been the subject of an earlier geothermal tenure application that has been refused or withdrawn and less than 2 months has passed since the end of the month in which the earlier geothermal tenure application was refused or withdrawn.

(2)Also, a geothermal permit application (the relevant application) may be made for land the subject of an existing application only if—

(a)the land is in a released area and the relevant application is made during the application period for the area; or

(b)the existing application was made on the same day as the relevant application.

(3)Despite subsection (1), a geothermal permit application can not be made for geothermal exploration—

(a)for exempt heat pump production; or

(b)to evaluate the feasibility of exempt heat pump production.

(4)In this section—

existing application means another geothermal permit application made but not decided.

s 35 amd 2012 No. 20 s 129

36Requirements for making application

The application must—

(a)be made to the Minister in the approved form; and

(b)include a proposed work program complying with the initial work program requirements; and

(c)include a statement about the extent to which the applicant has—

(i)the financial and technical resources to carry out authorised activities for the proposed geothermal permit; and

(ii)the ability to manage geothermal exploration; and

(d)state the name and address for service of 1 person on whom any notice to the applicant may be served; and

(e)be accompanied by the fee prescribed under a regulation.

Note—

For other relevant provisions about applications, see chapter 8, part 2.

s 36 amd 2012 No. 20 s 281 sch 2

37Restriction on deciding during application period for released area

If the application is for land in a released area and is made within the application period for the area, the application can not be decided before the end of that period.

Note—

See also section 43 (Priority for deciding competing applications).

38Effect of identification of restricted area on application

(1)If, before the deciding of the application, any land the subject of the application is declared to be in a restricted area, the application lapses to the extent it applies to the restricted area.

(2)No amount, whether by way of compensation, reimbursement or otherwise, is payable by the State to any person for or in connection with the operation of subsection (1).

39Deciding whether to grant geothermal permit

(1)The Minister must decide whether or not to grant the applicant a geothermal permit.

(2)However—

(a)before deciding to grant the geothermal permit, the Minister must decide whether to approve the applicant’s proposed initial work program for the permit; and

(b)the Minister can not grant the geothermal permit unless the following apply—

(i)the applicant continues to be an eligible person;

(ii)the proposed work program has been approved;

(iii)the relevant environmental authority has been issued;

(iv)any relevant Water Act authorisation has been issued.

Note—

If the application relates to acquired land, see also section 350C.

(3)The Minister can not grant a geothermal permit unless the applicant—

(a)has paid the annual rent for the first year of the geothermal permit; and

(b)if the Minister requires the applicant to give security under section 204—has given the security.

s 39 amd 2012 No. 20 ss 12, 130

40Provisions and granting of geothermal permit

(1)If the Minister decides to grant the applicant a geothermal permit, the Minister must decide its provisions and grant the applicant the permit.

(2)The permit must state its term and area.

(3)The term must end no later than 5 years after the permit takes effect.

(4)The area must comply with chapter 6, part 1.

(5)The permit may also state—

(a)conditions or other provisions of the permit, other than conditions or provisions that are—

(i)inconsistent with the mandatory conditions for geothermal permits; or

(ii)the same as, or substantially the same as, or inconsistent with, any relevant environmental condition for the permit; and

(b)the day the permit takes effect.

(6)However, the provisions of the permit may exclude or restrict the carrying out of an authorised activity for the permit.

(7)The day the permit takes effect can not be before the day it is granted.

(8)If no day of effect is stated, the permit takes effect on the day after it is granted.

s 40 amd 2011 No. 2 s 48

41Criteria for decisions

In deciding whether or not to grant the applicant a geothermal permit, or in deciding its provisions, the Minister must consider—

(a)the applicant’s proposed initial work program; and

(b)the extent to which the Minister is of the opinion that the applicant is capable (the capability criteria) of carrying out authorised activities for the geothermal permit, having regard to the applicant’s—

(i)financial and technical resources; and

(ii)ability to manage geothermal exploration.

42Notice of decision

The Minister must, as soon as practicable after deciding whether or not to grant the applicant a geothermal permit, give the applicant notice of the decision.

43Priority for deciding competing applications

(1)This section applies if 2 or more geothermal permit applications are—

(a)for land in a released area and made before the end of the application period for the area; or

(b)for the same land and made on the same day.

Note—

Competing applications for land other than land in a released area can not be made on different days. See section 35.

(2)The applications take the priority the Minister decides, after considering the relative merits of each application.

44Function and purpose

(1)The work program for a geothermal permit gives detailed information about the nature and extent of activities to be carried out under the permit.

(2)The purposes of giving the information are to—

(a)allow resource management decisions to be made; and

(b)ensure appropriate development of the geothermal permit’s area.

45Operation of div 2

This division provides for requirements (the initial work program requirements) for a proposed work program for a proposed geothermal permit.

46Program period

(1)The proposed work program must state its period.

(2)The period can not be longer than 5 years from when the proposed geothermal permit is to take effect.

47General requirements

(1)The proposed work program must provide for the following—

(a)its period;

(b)an overview of the activities proposed to be carried out under the proposed geothermal permit during all of its term (the proposed activities);

(c)for each year of the program period—

(i)the extent and nature of geothermal exploration proposed to be carried out during the year; and

(ii)generally where the proposed activities will be carried out; and

(iii)the estimated cost of the proposed activities;

(d)maps showing where the proposed activities will be carried out;

(e)reasons why the program is considered appropriate;

(f)any other matter prescribed under a regulation.

(2)The proposed program may include any other information relevant to the work program criteria.

(3)A regulation may impose requirements about the form of the work program.

(4)The proposed program can not be inconsistent with the mandatory conditions for geothermal permits.

(5)In this section—

program period start day means the day the program period starts.

year, of the program period, means—

(a)the period starting on the program period start day and ending on the first anniversary of that day; and

(b)each subsequent period of 12 months or less during the program period, starting on an anniversary of the program period start day and ending on—

(i)the next anniversary of that day; or

(ii)if the program period ends before the next anniversary—the day the program period ends.

48Water issues

(1)The proposed work program must include an assessment of—

(a)water needed for the proposed activities; and

(b)the potential for obtaining any relevant Water Act authorisation; and

(c)the potential structural and other impacts of the carrying out of the proposed activities on aquifers.

(2)The proposed program must include a plan for the treatment and disposal of any water taken or that may be taken because of the proposed activities.

(3)This section is subject to section 52(2).

Note—

For the requirement for an initial work program, see section 39.

49Criteria

(1)In deciding whether to approve a proposed initial work program, the Minister must consider the following—

(a)the potential of the proposed area of the geothermal permit for geothermal exploration;

(b)the extent and nature of the proposed geothermal exploration and when and where it will be carried out;

(c)any relevant environmental authority;

(d)any relevant Water Act authorisation;

(e)any potential structural and other impacts of the carrying out of the proposed activities on aquifers.

(2)The matters mentioned in subsection (1) are the work program criteria.

50Verification may be required

(1)The Minister may by notice require the applicant to give the Minister, within a stated reasonable period, a document made by an appropriately qualified independent person verifying all or any of the following—

(a)an assessment of data supplied in the proposed work program;

(b)the source of the data;

(c)the work done for the proposed work program;

(d)that, in the person’s opinion, the applicant has—

(i)the financial and technical resources to carry out authorised activities for the proposed geothermal permit; and

(ii)the ability to manage geothermal exploration.

(2)If the applicant does not comply with the requirement, the Minister may refuse to approve the proposed program.

(3)The applicant must bear any costs incurred in complying with the requirement.

Note—

For other relevant provisions about giving a document to the Minister, see section 363.

s 50 amd 2012 No. 20 s 281 sch 2

51Operation of div 4

This division provides for requirements (the later work program requirements) for a proposed later work program for a geothermal permit.

Note—

For the requirements to give a proposed later work program, see sections 118, 187(7) and 320.

52General requirements

(1)The proposed work program must—

(a)other than for the program period, comply with the initial work program requirements; and

(b)state the extent to which the current work program for the geothermal permit has been complied with; and

(c)if there have been any amendments to the geothermal permit or its current work program, state—

(i)whether the changes have been incorporated in the proposed program; and

(ii)any effect the changes have on the proposed program; and

(d)state the effect of the discovery of geothermal resources on the proposed program.

(2)The proposed program can not be inconsistent with any relevant environmental condition for the geothermal permit.

53Program period

The program period for the work program can not be longer than the proposed term of the geothermal permit.

54Implementation of evaluation program for potential geothermal commercial area

If, under section 67, an evaluation program is taken to be an additional part of the existing work program for the geothermal permit, the proposed work program must include work necessary to implement the evaluation program for the period of that program.

55Application of div 5

This division applies if, under this Act, the Minister is given a proposed later work program for a geothermal permit for approval.

56Geothermal permit taken to have work program until decision on whether to approve proposed program

(1)This section applies until—

(a)if the approval is given—the geothermal permit holder is given notice of the approval; or

(b)if the approval is refused—the refusal takes effect.

(2)Despite the ending of the program period for the current work program for the geothermal permit—

(a)the geothermal permit is taken to have a work program; and

(b)the holder may carry out any authorised activity for the geothermal permit.

57Deciding whether to approve proposed program

(1)The Minister may approve or refuse to approve the proposed later work program.

(2)In deciding whether to give the approval, the Minister must consider the following—

(a)the capability criteria;

(b)the work program criteria;

(c)the extent to which the current work program for the geothermal permit has been complied with;

(d)any amendments made to the geothermal permit or any of the following for the permit, and the reasons for the amendments—

(i)the current work program;

(ii)the relevant environmental authority;

(iii)any relevant Water Act authorisation;

(e)any geothermal viability report or independent viability assessment for the geothermal permit.

(3)Section 50 applies for the proposed program as if it were an initial work program and an application for approval of the initial work program had been made.

58Steps after, and taking effect of, decision

(1)If the Minister decides to approve the proposed program, the Minister must give the geothermal permit holder notice of the decision.

(2)The approval takes effect when the holder is given the notice or, if the notice states a later day of effect, on the later day.

(3)If the Minister decides to refuse to approve the later work program, the Minister must give the holder an information notice about the decision.

(4)The refusal does not take effect until the end of the appeal period for the decision to refuse.

(5)Subsection (4) applies subject to section 338 and any decision of the Land Court under section 340 relating to the decision to refuse.

59Restrictions on amending work program

(1)A geothermal permit holder may amend the work program for the permit.

(2)However, the amendment is subject to approval under this division.

(3)Also, a work program can not be amended if the program as amended would be inconsistent with—

(a)the mandatory conditions for geothermal permits; or

(b)any relevant environmental condition for the permit.

60Applying for approval to amend

(1)A geothermal permit holder may apply to the Minister for approval of an amendment of the work program for the permit.

(2)The application must be in the approved form and accompanied by the fee prescribed under a regulation.

61Verification

Section 50 applies for the application as if—

(a)the application were an application for a geothermal permit; and

(b)a reference in the section to a proposed work program were a reference to the amendment.

62Deciding application

(1)The Minister must consider and decide whether or not to approve the amendment.

(2)In making the decision the Minister must consider the following—

(a)the capability criteria;

(b)the work program criteria;

(c)the extent to which the current work program for the geothermal permit has been complied with;

(d)any amendments made to the geothermal permit or any of the following for the permit, and the reasons for the amendments—

(i)the current work program;

(ii)the relevant environmental authority;

(iii)any relevant Water Act authorisation.

s 62 amd 2011 No. 2 s 49

63Steps after, and taking effect of, decision

(1)If the Minister decides to approve the amendment, the Minister must give the geothermal permit holder notice of the decision.

(2)The approval takes effect when the holder is given the notice or, if the notice states a later day of effect, on the later day.

(3)If the Minister decides to refuse to approve the amendment, the Minister must give the holder an information notice about the decision.

(4)The refusal takes effect when the holder is given the notice or, if the notice states a later day of effect, on the later day.

(5)Subsection (4) applies subject to section 338 and any decision of the Land Court under section 340 relating to the decision to refuse.

64Purpose of potential geothermal commercial area

(1)The purpose of the declaration of an area as a potential geothermal commercial area for a geothermal permit is to encourage longer-term development of the area for geothermal production.

(2)The purpose is achieved by making special provisions about work programs and relinquishment for potential geothermal commercial areas.

Note—

For the provisions, see sections 67 and 115.

65Applying for potential geothermal commercial area

(1)A geothermal permit holder may apply for a declaration by the Minister that all or a stated part of the permit’s area is a potential geothermal commercial area for the permit.

(2)The application must be—

(a)made to the Minister in the approved form; and

(b)accompanied by the fee prescribed under a regulation.

(3)The application may be made—

(a)for more than 1 part of the geothermal permit’s area; and

(b)even if another part of the geothermal permit’s area is already a potential geothermal commercial area.

(4)The application must include—

(a)a report for or that includes the proposed potential geothermal commercial area that—

(i)complies with the requirements prescribed under a regulation for geothermal viability reports; and

(ii)is still relevant to the circumstances of the proposed potential geothermal commercial area; and

(b)an evaluation program for—

(i)potential geothermal production in the proposed potential geothermal commercial area; and

(ii)market opportunities for potential geothermal production.

(5)However, subsection (4)(a) does not apply if—

(a)a geothermal viability report or an independent viability assessment relates to or includes the proposed potential geothermal commercial area; and

(b)the report or assessment is still relevant to the circumstances of the proposed potential geothermal commercial area.

(6)The evaluation program may provide for a suspension of all or part of the work program for the area the subject of the application.

66Deciding potential geothermal commercial area application

(1)The Minister may declare an area the subject of the application to be a potential geothermal commercial area only if satisfied—

(a)the area is no more than is needed to cover the maximum extent of geothermal resources identified in the report; and

(b)geothermal production in the area is not, and will not soon be, commercially viable, but is likely to become viable within 5 years.

(2)The area declared must form a single contiguous parcel of land.

(3)In deciding the application, regard must be had to—

(a)whether the relevant geothermal permit’s conditions have been substantially complied with; and

(b)any other matter prescribed under a regulation.

(4)To remove any doubt, it is declared that the declaration may be made even if the geothermal permit is being continued in force under section 79 or 293.

(5)If the Minister decides to refuse the application, the Minister must give the applicant an information notice about the decision.

67Inclusion of evaluation program in work program

(1)If the declaration is made, the evaluation program that accompanied the application is taken to be an additional part of the existing work program for the geothermal permit.

(2)If there is an inconsistency between the evaluation program and the rest of the work program, the evaluation program prevails to the extent of the inconsistency.

68Term of declaration

(1)A declaration of a potential geothermal commercial area continues in force for the period stated in the declaration.

(2)The period can not be more than 5 years.

(3)In deciding a shorter period, the Minister must consider—

(a)when any discovery of geothermal resources was made; and

(b)any geothermal viability report or independent viability assessment for or that includes the proposed potential geothermal commercial area.

(4)Despite subsection (1), the declaration ceases if the geothermal permit holder gives the chief executive a notice stating that the holder no longer wishes the area to be a potential geothermal commercial area.

Note—

For other relevant provisions about giving a document to the chief executive, see section 363.

s 68 amd 2012 No. 20 s 281 sch 2

69Potential geothermal commercial area still part of geothermal permit

A declaration of a potential geothermal commercial area does not change the land the subject of the declaration from being—

(a)part of the area of the geothermal permit the subject of the application for the declaration; and

(b)subject to the geothermal permit.

70Effect of ending of declaration of potential geothermal commercial area

(1)This section applies if—

(a)all or part of the area of a geothermal permit is a potential geothermal commercial area; and

(b)the declaration of the potential geothermal commercial area ends more than 5 years after the geothermal permit originally took effect.

(2)If the declaration applied to a part of the geothermal permit’s area, the part ceases to be included in the area.

(3)If the declaration applies to all of the geothermal permit’s area, the permit ends.

71Application of pt 5

This part applies if the Minister reasonably considers a geothermal permit holder should apply for a geothermal lease for all or part of the permit’s area because the Minister considers geothermal production in the area—

(a)is currently of a large-scale; or

(b)is likely to become of a large-scale within 2 years.

72Ministerial direction to apply for geothermal lease

(1)The Minister may give the geothermal permit holder a notice stating the following—

(a)that the Minister proposes to do either of the following, (the proposed action) unless the holder has made an appropriate lease application—

(i)excise a stated area from the area of the geothermal permit;

(ii)cancel the geothermal permit;

(b)the grounds for the proposed action;

(c)the facts and circumstances forming the basis for the grounds;

(d)that the holder may, within a stated period, make submissions to the Minister about why the holder should not make a geothermal lease application under chapter 3, part 2 for the stated area.

Note—

For other relevant provisions about making a submission, see section 363.

(2)The stated period must be reasonable but must not be more than 6 months.

(3)In this section—

appropriate lease application means a geothermal lease application for—

(a)the stated area or an area that is substantially the same as the stated area; or

(b)another area the Minister reasonably considers will effectively allow the holder to carry out authorised activities for a geothermal lease in relation to the stated area.

s 72 amd 2012 No. 20 s 281 sch 2

73Taking proposed action

(1)Proposed action under section 72 may be taken only if—

(a)the stated period under that section has ended; and

(b)either—

(i)the holder has not made an appropriate lease application under that section; or

(ii)any appropriate lease application under that section made by the holder has been refused; and

(c)the Minister has considered any submissions made by the holder within the period.

(2)If the Minister decides to take the proposed action, the Minister must give the holder an information notice about the decision.

(3)A decision to take the proposed action does not take effect until the end of the appeal period for the decision.

Notes—

1Under this chapter, a geothermal lease can only be obtained for large-scale geothermal production. See section 77.

2For the general requirement to have a geothermal tenure and the exceptions to the requirement, see section 327. In particular, section 327 only requires the holding of a geothermal lease for large-scale geothermal production.

3Chapter 5 (Coordination with particular authorities under other resource Acts) imposes requirements for and restrictions on the granting of, and restrictions on authorised activities that may be carried out under, particular geothermal tenures. See section 134.

74Operation of pt 1

This part provides for the key authorised activities for a geothermal lease.

Notes—

1For other authorised activities, see the Common Provisions Act, chapter 3, part 2, division 4 (Access to private land outside authorised area) and chapter 8, part 1, division 2 (General provisions about authorised activities).

2For general restrictions on authorised activities, their relationship with owners’ and occupiers’ rights and who may carry out authorised activities for a geothermal tenure holder, see chapter 4 and chapter 8, part 1, division 2.

3The carrying out of particular activities on particular land in the geothermal lease’s area may not be authorised following the taking of the land under a resumption law. See section 350B.

s 74 amd 2011 No. 2 s 50; 2012 No. 20 s 13; 2014 No. 47 s 297

75Principal authorised activities

The geothermal lease holder may carry out the following activities in the lease’s area—

(a)geothermal exploration;

(b)evaluating the feasibility of geothermal production, including, for example, by production testing;

(c)geothermal production;

(d)plugging and abandoning, or otherwise remediating, a bore or well the holder reasonably believes is a legacy borehole, and rehabilitating the surrounding area in compliance with the requirements prescribed under a regulation.

s 75 amd 2014 No. 47 s 315

76Incidental activities

(1)The geothermal lease holder may carry out any other activity (an incidental activity) in the lease’s area if carrying out the activity is reasonably necessary for or is incidental to geothermal production.

Examples of incidental activities—

•constructing or operating facilities, plant or works, including, for example, communication systems, compressors, pipelines, pumping stations, reservoirs, roads, evaporation or storage ponds and tanks

•constructing or using temporary structures or structures of a technical nature

(2)However, constructing or using a structure, other than a temporary structure, for office or residential accommodation is not an incidental activity.

(3)To remove any doubt, it is declared that the use of infrastructure supporting the use of, or using, geothermal energy is not, of itself, an incidental activity.

Example of infrastructure that uses geothermal energy—

a power station

77Who may apply

(1)A geothermal permit holder who continues to be an eligible person may apply for a geothermal lease over all or part of the permit’s area.

Notes—

1For restrictions on what land may be included in a geothermal tenure, see sections 33, 35 and 184.

2For inclusion of acquired land that was previously in the relevant geothermal permit’s area, see section 350C(3).

(2)However, the holder can only apply for a geothermal lease for the land for large-scale geothermal production.

(3)Also, a person other than the holder may apply for the geothermal lease—

(a)jointly with the holder; or

(b)with the holder’s consent.

(4)To remove any doubt, it is declared that a geothermal lease can only be applied for or granted under this part.

s 77 amd 2012 No. 20 s 14

78Requirements for making application

The application must—

(a)be made to the Minister in the approved form; and

(b)address the capability criteria; and

(c)include a proposed development plan complying with the initial development plan requirements; and

(d)include a statement about the extent to which the applicant has—

(i)the financial and technical resources to carry out authorised activities for the proposed geothermal lease; and

(ii)the ability to manage geothermal production; and

(e)state the name and address for service of 1 person on whom any notice to the applicant may be served; and

(f)be accompanied by the fee prescribed under a regulation.

79Continuing effect of geothermal permit for application

(1)This section applies if, other than for subsection (2), the relevant geothermal permit would, other than by cancellation under this Act, end before the application is decided.

(2)The geothermal permit continues in force for the area the subject of the application until the earliest of the following—

(a)the term of the geothermal lease starts;

(b)a refusal of the application takes effect;

(c)the application is withdrawn.

(3)Despite any ending of the program period for the current work program for the geothermal permit—

(a)the geothermal permit is taken to have a work program; and

(b)the holder may carry out any authorised activity for the geothermal permit.

80Deciding whether to grant geothermal lease

Subject to section 83, the Minister may grant the applicant a geothermal lease only if satisfied the requirements mentioned in section 81 have been complied with.

Note—

If the application relates to acquired land that was previously in the relevant geothermal permit’s area, see also section 350C.

s 80 amd 2012 No. 20 s 15

81Requirements for grant

For section 80, the requirements are the following—

(a)the applicant continues to be an eligible person;

(b)the proposed area of the proposed geothermal lease—

(i)is appropriate for the authorised activities proposed to be carried out; and

(ii)contains adequately identified geothermal resources that are adequate for the geothermal lease’s proposed purpose;

(c)the relevant geothermal permit’s conditions have been substantially complied with;

(d)the Minister has approved the applicant’s proposed initial development plan for the geothermal lease;

(e)the relevant environmental authority has been issued;

(f)any relevant Water Act authorisation has been issued;

(g)the applicant has established that geothermal production in the geothermal lease’s area will or is likely to happen within 2 years after the lease is to take effect;

(h)the applicant has paid the annual rent for the first year of the proposed geothermal lease;

(i)the applicant has, under section 204, given security for the geothermal lease;

(j)the Minister is of the opinion that the applicant is capable (the capability criteria) of carrying out authorised activities for the geothermal lease having regard to the applicant’s—

(i)financial and technical resources; and

(ii)ability to manage geothermal production.

82Provisions and granting of geothermal lease

(1)If the Minister decides to grant the applicant a geothermal lease, the Minister must decide its provisions and grant the applicant the lease.

(2)The lease must state its term and area.

(3)The term must end no later than 30 years after the lease takes effect.

(4)The area must comply with chapter 6, part 1.

(5)The geothermal lease may also state—

(a)conditions or other provisions of the lease, other than conditions or provisions that are—

(i)inconsistent with the mandatory conditions for geothermal leases; or

(ii)the same as, or substantially the same as, or inconsistent with, any relevant environmental condition for the lease; and

(b)a day for the lease to take effect; and

(c)a day by which geothermal production under the lease is to start (the production commencement day).

(6)However, the provisions of the lease may exclude or restrict the carrying out of an authorised activity for the lease.

(7)The day the lease takes effect can not be before the day it is granted.

(8)If no day of effect is stated, the lease takes effect on the day after it is granted.

(9)In deciding the provisions of the lease, the Minister must consider the development plan criteria and capability criteria.

(10)This section applies subject to section 83.

83Provisions about grant and conditions of geothermal lease for coordinated project

(1)This section applies if a proposed geothermal lease is for a coordinated project.

(2)The Minister must not grant the geothermal lease until the Minister has been given the Coordinator-General’s report for the project.

(3)Any Coordinator-General’s conditions for the geothermal lease must be stated in the lease.

(4)Any other condition of the geothermal lease stated under section 82 can not be inconsistent with the Coordinator-General’s conditions.

(5)If a mandatory condition for geothermal leases conflicts with any of the Coordinator-General’s conditions, the mandatory condition prevails to the extent of the inconsistency.

(6)In this section—

Coordinator-General’s conditions, for the proposed geothermal lease, means the conditions for the lease stated in the Coordinator-General’s report for the coordinated project.

Coordinator-General’s report, for a coordinated project, means—

(a)if an EIS was prepared for the project—the Coordinator-General’s report for the EIS prepared under the State Development Act, section 34D; or

(b)if an IAR was prepared for the project—the Coordinator-General’s report for the IAR prepared under the State Development Act, section 34L.

EIS means an EIS under the State Development Act.

IAR means an IAR under the State Development Act.

s 83 amd 2012 No. 43 s 325 sch 2; 2014 No. 40 s 154 sch 1 pt 1

84Information notice about refusal

If the Minister decides to refuse to grant the applicant a geothermal lease, the Minister must give the applicant an information notice about the decision.

85When refusal takes effect

(1)A decision to refuse to grant the applicant a geothermal lease takes effect at the end of the appeal period for the decision.

(2)Subsection (1) applies subject to section 338 and any decision of the Land Court under section 340 relating to the decision to refuse.

86Function and purpose

(1)The development plan for a geothermal lease (the relevant lease) gives detailed information about the nature and extent of activities to be carried out under the relevant lease.

(2)The development plan may—

(a)also be about another geothermal lease or proposed geothermal lease if the other geothermal lease or proposed geothermal lease relates to the relevant lease; and

(b)provide that when the plan is approved it will replace any development plan for the other lease.

(3)The purposes of giving the information are to—

(a)allow resource management decisions to be made; and

(b)ensure appropriate development of the geothermal lease’s area.

87Operation of div 2

This division provides for requirements (the initial development plan requirements) for a proposed initial development plan for a proposed geothermal lease.

88Plan period

The plan period for the proposed development plan must be for the following period from when the proposed geothermal lease is to take effect—

(a)generally—5 years;

(b)if the applicant is seeking a term of less than 5 years for the proposed geothermal lease—the duration of the proposed term.

89General requirements

(1)The proposed development plan must provide for the following—

(a)an overview of the activities proposed to be carried out under the proposed geothermal lease during all of its term (the proposed activities);

(b)a description of the proposed activities for each year of the plan period;

(c)reasons why the plan is considered appropriate;

(d)the following—

(i)after geothermal energy has been produced, the purpose for which it will be used and by whom;

(ii)the characteristics of geothermal resources in the geothermal lease’s area;

(iii)the extent to which further drilling and artificial fracturing is proposed;

(iv)the scale and scope of geothermal production, including information about the following—

•the number of geothermal wells

•the time of commissioning of the geothermal wells;

•the expected life of geothermal resources

•whether geothermal production is to be staged;

(v)the part of the area required for full and staged production proposals;

(vi)how many more geothermal wells need to be drilled;

(vii)when the area is expected to be free of drilling rigs;

(viii)the proposed level of investment, and whether the proposed holder has finance or how the proposed holder proposes to obtain finance;

(ix)the skills, experience and qualifications of staff who comply with the proposed holder’s requirements for carrying out the proposed activities;

(x)a risk management plan for the proposed activities that deals with safety and seismicity issues;

(xi)a plan for decommissioning exploration wells and any plant or facilities used for the proposed activities, including the expected costs of the decommissioning;

(e)any other matter prescribed under a regulation.

(2)The proposed plan may include any other information relevant to the development plan criteria.

(3)A regulation may impose requirements about the form of the development plan.

(4)The proposed plan can not be inconsistent with the mandatory conditions for geothermal leases.

(5)In this section—

plan period start day means the day the plan period starts.

year, of the plan period, means—

(a)the period starting on the plan period start day and ending on the first anniversary of that day; and

(b)each subsequent period of 12 months or less during the plan period, starting on an anniversary of the plan period start day and ending on—

(i)the next anniversary of that day; or

(ii)if the plan period ends before the next anniversary—the day the plan period ends.

90Water issues

(1)The proposed development plan must include an assessment of—

(a)water needed for the proposed activities; and

(b)the potential for obtaining any relevant Water Act authorisation; and

(c)the potential structural and other impacts of the carrying out of the proposed activities on aquifers.

(2)The proposed plan must include a plan for the treatment and disposal of any water taken or that may be taken because of the carrying out of the proposed activities.

(3)This section is subject to section 94(2).

Note—

For the requirement for approval of an initial development plan, see section 81 (Requirements for grant).

91Criteria

(1)In deciding whether to approve a proposed development plan the Minister must consider the following—

(a)the potential of the area of the proposed geothermal lease for geothermal production and related activities;

(b)the nature and extent of the proposed activities and when and where they will be carried out;

(c)whether geothermal production under the geothermal lease will be optimised in the best interests of the State;

(d)the nature and extent of water disposal and treatment activities;

(e)any relevant environmental authority;

(f)any relevant Water Act authorisation;

(g)any potential structural and other impacts of the carrying out of the proposed activities on aquifers.

(2)The matters mentioned in subsection (1) are the development plan criteria.

92Verification may be required

(1)The Minister may by notice require the applicant to give the Minister, within a stated reasonable period, a document made by an appropriately qualified independent person verifying all or any of the following—

(a)an assessment of data supplied in the proposed development plan;

(b)the source of the data;

(c)the work done for the proposed development plan;

(d)that, in the person’s opinion, the applicant has—

(i)the financial and technical resources to carry out authorised activities for the proposed geothermal lease; and

(ii)the ability to manage geothermal production.

(2)If the applicant does not comply with the requirement, the Minister may refuse to approve the proposed plan.

(3)The applicant must bear any costs incurred in complying with the requirement.

93Operation of div 4

This division provides for requirements (the later development plan requirements) for a proposed later development plan for a geothermal lease.

Note—

For the requirements to give a proposed later development plan, see sections 125, 187(7) and 320.

94General requirements

(1)The proposed development plan must—

(a)comply with the initial development plan requirements as if a reference in the requirements to a proposed holder were a reference to the geothermal lease holder; and

(b)highlight any significant changes from the geothermal lease’s current development plan (the current plan); and

(c)if the current plan has not been complied with—state the details of and reasons for each noncompliance.

(2)The proposed plan can not be inconsistent with any relevant environmental condition for the lease.

(3)If the effect of the proposed plan is to significantly change an activity provided for under the current plan, the proposed plan must also state the reasons for the change.

(4)Also, for a significant change that is a reduction of geothermal production, the proposed plan must include an evaluation of the following in the geothermal lease’s area—

(a)the potential for geothermal production;

(b)the market opportunities for geothermal energy produced.

95Application of div 5

This division applies if—

(a)under this Act, the Minister is given a proposed later development plan for a geothermal lease for approval; or

(b)the Minister is considering an application under section 140 for approval of a proposed geothermal coordination arrangement.

96Geothermal lease taken to have development plan until decision on whether to approve proposed plan

(1)This section applies until—

(a)if the approval is given—the geothermal lease holder is given notice of the approval; or

(b)if the approval is refused—the refusal takes effect.

(2)Despite the ending of the plan period for the geothermal lease’s current development plan—

(a)the geothermal lease is taken to have a development plan; and

(b)the holder may carry out any authorised activity for the geothermal lease.

97Deciding whether to approve proposed plan

(1)The Minister may approve or refuse to approve the proposed development plan.

(2)In deciding whether to give the approval, the Minister must consider the following—

(a)the development plan criteria;

(b)the extent to which the current development plan for the geothermal lease has been complied with;

(c)if the proposed plan provides for a significant change that is a reduction of geothermal production—

(i)whether the reduction is reasonable; and

(ii)whether the geothermal lease holder has taken all reasonable steps to prevent the reduction;

(d)any amendments made to the geothermal lease or any of the following for the lease, and the reasons for the amendments—

(i)the current development plan;

(ii)the relevant environmental authority;

(iii)any relevant Water Act authorisation.

(3)Section 92 applies for the proposed plan as if it were an initial development plan and an application for approval of the initial development plan had been made.

s 97 amd 2011 No. 2 s 51

98Steps after, and taking effect of, decision

(1)If the Minister decides to approve the proposed later development plan, the Minister must give the geothermal lease holder notice of the decision.

(2)The approval takes effect when the holder is given the notice or, if the notice states a later day of effect, on the later day.

(3)If the Minister decides to refuse to approve the proposed plan, the Minister must give the holder an information notice about the decision.

(4)The refusal takes effect at the end of the appeal period for the decision to refuse.

(5)Subsection (4) applies subject to section 338 and any decision of the Land Court under section 340 relating to the decision to refuse.

99Restrictions on amendment

(1)A geothermal lease holder may amend the development plan for the lease.

(2)However, the amendment is subject to approval under this division.

(3)Also, a development plan can not be amended—

(a)in a way that provides for a cessation of geothermal production under a geothermal lease; or

(b)if the plan as amended would be inconsistent with—

(i)the mandatory conditions for geothermal leases; or

(ii)any relevant environmental condition for the lease.

100Applying for approval to amend

(1)A geothermal lease holder may apply for approval to amend the development plan for the lease.

(2)The application must be—

(a)made to the Minister in the approved form; and

(b)accompanied by the fee prescribed under a regulation.

101Verification

Section 92 applies for the application as if—

(a)the application were a geothermal lease application; and

(b)a reference in the section to a proposed development plan were a reference to the amendment.

102Deciding application

In deciding whether to approve the amendment, the Minister must consider the following—

(a)the development plan criteria;

(b)the extent to which the current development plan for the geothermal lease has been complied with;

(c)if the proposed plan provides for a significant change that is a reduction of geothermal production—

(i)whether the reduction is reasonable; and

(ii)whether the geothermal lease holder has taken all reasonable steps to prevent the reduction;

(d)any amendments made to the geothermal lease or any of the following for the lease, and the reasons for the amendments—

(i)the current development plan;

(ii)the relevant environmental authority;

(iii)any relevant Water Act authorisation.

103Steps after, and taking effect of, decision

(1)If the Minister decides to approve the amendment, the Minister must give the geothermal lease holder notice of the decision.

(2)The approval takes effect when the holder is given the notice or, if the notice states a later day of effect, on the later day.

(3)If the Minister decides to refuse to approve the amendment, the Minister must give the holder an information notice about the decision.

(4)The refusal takes effect when the holder is given the notice or, if the notice states a later day of effect, on the later day.

(5)Subsection (4) applies subject to section 338 and any decision of the Land Court under section 340 relating to the decision to refuse.

104Imposition of geothermal royalty on geothermal producers

(1)A geothermal lease holder who produces geothermal energy, or for whom geothermal energy is produced (a geothermal producer) must pay the State geothermal royalty for the geothermal energy.

(2)The obligation under subsection (1) is subject to any regulation under section 105.

105Regulation for geothermal royalty

A regulation may provide for any matter connected with geothermal royalty, including, for example, the following—

(a)when the royalty must be paid;

(b)the rate of the royalty;

(c)the value of geothermal energy for the royalty;

(d)concessions or exemptions from the payment of the royalty;

(e)royalty returns;

(f)the measurement of, or information about, geothermal energy required for the purpose of a return;

(g)interest on unpaid royalty;

(h)the recovery of unpaid royalty and interest;

(i)monitoring the payment of the royalty, including, for example, by auditors;

(j)disclosure by the Minister of personal confidential information about the administration of provisions about the royalty.

106Obligation to lodge royalty returns

A geothermal producer must, in the way and at the times prescribed under a regulation, give the chief executive returns containing the information prescribed under a regulation about the geothermal energy produced by or for the producer.

Maximum penalty—500 penalty units.

107Confidentiality

(1)This section applies to a person who—

(a)is or has been a public service officer or engaged to perform functions under this Act; and

(b)in that capacity has acquired information or has or had access to, or custody of, a document containing information relating to the administration of this chapter that is not publicly available.

(2)This section also applies to a person to whom the Minister has disclosed information mentioned in section 105(j), other than the person to whom the information relates.

(3)The person must not—

(a)make a record of the information; or

(b)whether directly or indirectly, disclose the information; or

(c)use the information to benefit any person.

Maximum penalty—200 penalty units or 1 year’s imprisonment.

(4)However, subsection (3) does not apply if the record is made, or the information is disclosed or used—

(a)to the extent necessary to perform the person’s functions under or relating to this chapter; or

(b)with the consent of the person to whom the information relates; or

(c)as required or permitted by law.

108Refusal of disclosure of particular information

(1)A person engaged in the administration or enforcement of this chapter can not be compelled to disclose to a court in a proceeding, or to a party to the proceeding—

(a)information disclosed under or relating to this chapter (confidential information); or

(b)whether or not the person has received particular confidential information; or

(c)the identity of the source of particular confidential information.

(2)Subsection (1) does not apply for a proceeding for the administration or enforcement of this chapter.

Notes—

1The following provisions also impose mandatory conditions on all geothermal tenures—

•chapter 2, part 1

•chapter 3, part 1

•chapters 5 and 6.

2For what is a mandatory condition, see section 20(2).

109Standard relinquishment condition

(1)It is a condition (the relinquishment condition) of each geothermal permit that its holder must relinquish part of its area as provided for under this division—

(a)at the end of or before the end of each period of 5 years after the permit originally took effect; and

(b)if section 114(4) applies—on the day provided for under that subsection.

(2)A relinquishment required under the relinquishment condition—

(a)must be made by notice to the chief executive (a relinquishment notice); and

(b)takes effect on the day after the notice is given.

(3)This section does not prevent the holder from relinquishing by relinquishment notice more than the part provided for under this division.

110Consequence of failure to comply with relinquishment condition

(1)If a geothermal permit holder does not comply with the relinquishment condition, the Minister must give the holder a notice requiring the holder to comply with the condition within 20 business days after the giving of the notice.

(2)If the holder does not comply with the requirement, the geothermal permit is cancelled.

111Part usually required to be relinquished

(1)The relinquishment must have the effect that an area that equates to at least 33.33% of the original sub-blocks of the geothermal permit is relinquished for each 5-year period that has passed since it originally took effect.

(2)This section is subject to sections 114 and 115.

112Relinquishment must be by blocks or sub-blocks

(1)A relinquishment under the relinquishment condition can only be by blocks or sub-blocks.

(2)However, if a block or sub-block contains an area that, under section 113, can not be counted as a relinquishment, subsection (1) is complied with if all of the rest of the land within the block or sub-block is relinquished.

113Blocks or sub-blocks that can not be counted towards relinquishment

(1)The following can not be counted as blocks or sub-blocks relinquished for the relinquishment condition—

(a)blocks or sub-blocks in an area that, under section 189, have ceased to be included in the geothermal permit’s area;

(b)blocks or sub-blocks the subject of a geothermal lease application or potential geothermal commercial area;

(c)blocks or sub-blocks relinquished under a penalty relinquishment.

(2)To remove any doubt, it is declared that—

(a)a potential geothermal commercial area can be relinquished and can be counted as an area relinquished for the relinquishment condition; but

(b)the mere fact of the declaration of the blocks or sub-blocks as a potential geothermal commercial area for the geothermal permit is not, of itself, a relinquishment.

114Adjustments for blocks or sub-blocks that can not be counted

(1)This section applies if, after taking away all blocks or sub-blocks that, under section 113, can not be counted for the relinquishment condition, the balance of the blocks of the geothermal permit’s area is less than the blocks or sub-blocks required to be relinquished under section 111.

(2)The relinquishment condition is taken to have been complied with if the geothermal permit holder gives a relinquishment notice for all of the balance.

(3)However, subsection (4) applies if—

(a)a block or sub-block not counted for the relinquishment condition was the subject of a geothermal lease application or potential geothermal commercial area; and

(b)the application is refused.

(4)The geothermal permit holder must, within 20 business days after the appeal period for the decision to refuse, give a relinquishment notice to the extent necessary to comply with section 111.

115Adjustment for particular potential geothermal commercial areas

(1)This section applies if, apart from this section, the only way to comply with the relinquishment condition would be to relinquish all or part of a potential geothermal commercial area for the geothermal permit.

(2)The relinquishment condition is taken to be complied with if all remaining original sub-blocks of the permit’s area, other than any blocks that consist of the potential geothermal commercial area, are relinquished.

116Requirement to have work program

A geothermal permit holder must have a work program for the permit.

117Compliance with activities in work program

A geothermal permit holder must carry out the geothermal exploration activities proposed in the work program for the permit.

118Obligation to give proposed later work program

(1)This section imposes an obligation on a geothermal permit holder to give the Minister a proposed later work program for the permit.

Notes—

1For approval of the proposed later work program, see chapter 2, part 3, division 5.

2If the holder wishes to renew the geothermal permit, a proposed later work program must be included in the renewal application. See section 292.

(2)The obligation is complied with only if the proposed later work program—

(a)complies with the later work program requirements; and

(b)is accompanied by the relevant fee.

(3)The Minister must be given a proposed later work program at least 40 but no more than 100 business days before the end of the program period for the current work program for the geothermal permit (the current work program period).

(4)However, if before the end of the current work program period a decision is made to refuse to approve a proposed later work program given under subsection (3), the holder may within the period give another proposed later work program.

(5)If the holder does not give the Minister any proposed later work program before the end of the current work program period, or if subsection (4) applies and the holder has not given the Minister another proposed later work program within the current work program period—

(a)the Minister must give the holder a notice requiring the holder to give the Minister a proposed later work program for the geothermal permit within 40 business days after the giving of the notice; and

(b)the holder must comply with the requirement.

(6)In this section—

relevant fee, for the giving of the proposed program, means—

(a)if the proposed program is given within the time required under subsection (3)—the fee prescribed under a regulation; or

(b)if the proposed program is given after the time required under subsection (3) and—

(i)if it is given under subsection (4)—nil; or

(ii)if it is not given under subsection (4)—an amount that is 10 times the prescribed fee.

119Consequence of failure to comply with notice to give proposed later work program

(1)If a geothermal permit holder does not comply with a requirement under section 118(5)(a), the permit is cancelled.

(2)However, the cancellation does not take effect until the Minister gives the holder a notice stating that the geothermal permit has been cancelled because of the operation of subsection (1).

120Compliance with test plan for production testing

(1)A geothermal permit holder may carry out production testing only in accordance with the following—

(a)a test plan for that purpose approved by the Minister;

(b)all conditions of the approval.

(2)The holder may ask the Minister to approve a test plan proposed by the holder.

(3)The proposed test plan must comply with any requirements prescribed under a regulation.

(4)The Minister may impose conditions on the granting of the approval.

(5)If the Minister makes a decision as follows, the Minister must give the holder an information notice about the decision—

(a)a decision to refuse to approve the proposed test plan;

(b)a decision to impose conditions on the granting of the approval, other than a condition agreed to or requested by the geothermal permit holder.

121Requirement of geothermal tenure holder to report outcome of production testing

(1)This section applies if a geothermal permit holder carries out production testing.

(2)The holder must within 40 business days after the testing ends give the chief executive a report stating the outcome of the testing.

(3)The report must also state how much water was taken during the testing.

122Obligation to commence geothermal production

A geothermal lease holder must start geothermal production under the geothermal lease on or before the later of the following—

(a)the end of 2 years after the geothermal lease takes effect;

(b)any production commencement day for the geothermal lease.

123Requirement to have development plan

A geothermal lease holder must have a development plan for the lease.

124Compliance with development plan

A geothermal lease holder must comply with the development plan for the lease.

125Obligation to give proposed later development plan

(1)This section imposes an obligation on a geothermal lease holder to give the Minister a proposed later development plan for the lease.

(2)The obligation is complied with only if the proposed later development plan—

(a)complies with the later development plan requirements; and

(b)is accompanied by the relevant fee.

(3)The Minister must be given a proposed later development plan—

(a)at least 40 but no more than 100 business days before the end of the plan period for the current development plan for the lease (the current plan period); or

(b)as soon as practicable after the holder proposes or becomes aware of a significant change to the nature and extent of an authorised activity that is not already dealt with under the geothermal lease’s current development plan.

(4)However, if before the end of the current plan period a decision is made to refuse to approve a proposed later development plan given under subsection (3), the holder may within the period give the Minister another proposed later development plan.

(5)If the holder does not give the Minister any proposed later development plan before the end of the current plan period, or if subsection (4) applies and the holder does not give the Minister another proposed later development plan within the current plan period—

(a)the Minister must give the holder a notice requiring the holder to give the Minister a proposed later development plan for the geothermal lease within 40 business days after the giving of the notice; and

(b)the holder must comply with the requirement.

(6)In this section—

relevant fee, for the giving of the proposed plan, means—

(a)if the proposed plan is given within the time required under subsection (3)—the fee prescribed under a regulation; or

(b)if the proposed plan is given after the time required under subsection (3) and—

(i)if it is given under subsection (4)—nil; or

(ii)if it is not given under subsection (4)—an amount that is 10 times the prescribed fee.

126Consequence of failure to comply with notice to give proposed later development plan

(1)If a geothermal lease holder does not comply with a requirement under section 125(5)(a), the lease is cancelled.

(2)However, the cancellation does not take effect until the Minister gives the holder a notice stating that the geothermal lease has been cancelled because of the operation of subsection (1).

127Water Act authorisation required for taking or interfering with water

A geothermal tenure holder can not take or interfere with water as defined under the Water Act unless the taking or interference is authorised under that Act.

128Obligation to consult with particular owners and occupiers

(1)A geothermal tenure holder must consult or use reasonable endeavours to consult with each owner and occupier of private or public land on which authorised activities for the tenure are proposed to be carried out or are being carried out.

(2)The consultation must be about—

(a)access; and

(b)the carrying out of authorised activities for the geothermal tenure (including, for example, crossing access land for the tenure) to the extent they relate to the owners and occupiers; and

(c)the geothermal tenure holder’s compensation liability to the owners or occupiers.

129Compliance with land access code

A geothermal tenure holder must—

(a)comply with the mandatory provisions of the land access code to the extent it applies to the holder; and

(b)ensure any other person carrying out an authorised activity for the geothermal tenure complies with the mandatory provisions of the land access code.

130Annual rent

(1)A geothermal tenure holder must pay the State the annual rent as prescribed under a regulation.

(2)The annual rent must be paid in the way, and on or before the day, prescribed under a regulation.

131Civil penalty for nonpayment of annual rent

(1)If a geothermal tenure holder does not pay the annual rent as required under section 130, the holder must also pay the State a civil penalty.

(2)The amount of the penalty is the greater of the following—

(a)$1000;

(b)15% of the rent.

(3)The penalty—

(a)must be paid on the day after the last day for payment of the rent; and

(b)is still payable even if the holder later pays the rent.

Note—

See also section 372 (Interest on amounts owing to the State).

132Obligation to comply with Act and prescribed standards

(1)A geothermal tenure holder must—

(a)comply with this Act; and

(b)in carrying out an authorised activity for the geothermal tenure, comply with—

(i)any standard that the geothermal tenure provides for the activity; and

(ii)to the extent that the geothermal tenure does not provide a standard for the activity—any standard prescribed under a regulation for carrying out the activity.

(2)In this section—

standard includes an Australian Standard, an international standard and a code or protocol.

133Obligation to survey if Minister requires

(1)The Minister may, by notice to a geothermal tenure holder, require the holder to survey or resurvey the tenure’s area within a stated reasonable period.

(2)The holder must cause the survey or resurvey to be carried out by a person who is a cadastral surveyor under the Surveyors Act 2003.

(3)The holder must bear any costs incurred in complying with the notice.

134Relationship with chs 2, 3 and 6

(1)Requirements and restrictions under this chapter relating to the granting of a geothermal tenure apply as well as any relevant requirements under chapter 2, 3 or 6.

(2)If this chapter imposes a requirement for or a restriction on the granting of a geothermal tenure, it can not be granted if the restriction applies or if the requirement has not been complied with.

(3)If a provision of this chapter conflicts with a provision of chapter 2, 3 or 6, the provision of this chapter prevails to the extent of the inconsistency.

(4)This chapter does not otherwise limit or affect the requirements of chapter 2, 3 or 6.

(5)Subsection (6) applies if this chapter imposes a requirement for or a restriction on the carrying out of an authorised activity for a geothermal tenure.

(6)Despite chapters 2, 3 and 6, the activity is not an authorised activity for the geothermal tenure while the restriction applies or if the requirement has not been complied with.

135What is an overlapping resource authority

(1)An overlapping resource authority, for a geothermal tenure, is any authority of the following types, all or part of the area of which is in the geothermal tenure’s area—

(a)an exploration authority (non-geothermal);

(b)a GHG lease;

(c)a mining lease;

(d)a petroleum lease.

(2)An overlapping resource authority, for a proposed geothermal tenure, is another authority of a type mentioned in subsection (1), all or part of the area of which will, if the proposed tenure is granted, be in the proposed tenure’s area.

136What is an exploration authority (non-geothermal)

An exploration authority (non-geothermal) is—

(a)a GHG permit; or

(b)an authority to prospect under the 1923 Act or the P&G Act; or

(c)any of the following under the Mineral Resources Act—

(i)a mining claim;

(ii)an exploration permit;

(iii)a mineral development licence.

137Relationship with other resource Acts and overlapping resource authorities

Subject to the other provisions of this chapter and chapters 2, 3 and 6, another resource Act, or an authority, tenement or tenure under a resource Act, does not limit or otherwise affect—

(a)the power under this Act to grant a geothermal tenure over land in the area of an overlapping resource authority for a proposed geothermal tenure; or

(b)the carrying out of authorised activities for a geothermal tenure.

138Power to make arrangement

(1)A geothermal tenure holder may make an arrangement with the holder of an overlapping resource authority for the tenure about the carrying out of authorised activities for the tenure.

(2)An authority of a type mentioned in subsection (1) is a relevant authority for a geothermal coordination arrangement.

(3)A person who proposes to enter into a relevant authority may enter into an arrangement mentioned in subsection (1).

(4)An arrangement of a type mentioned in subsection (1), that under section 141 has taken effect and has not ceased to operate according to its terms and has not been cancelled under this part, is a geothermal coordination arrangement.

139Other provisions about and effect of geothermal coordination arrangement

(1)A geothermal coordination arrangement may—

(a)be for any term; and

(b)have more than 2 relevant authorities; and

(c)be included in, or form part of, a coordination arrangement under the P&G Act or a GHG coordination arrangement under the GHG storage Act.

(2)A person, other than the holder or proposed holder of a relevant authority, may also be a party to the arrangement.

(3)A proposed geothermal coordination arrangement has no effect unless it is approved by the Minister under section 141.

140Applying for ministerial approval of proposed geothermal coordination arrangement

(1)The parties to a proposed geothermal coordination arrangement may jointly apply for approval of the arrangement.

(2)The application must be—

(a)made to the Minister in the approved form; and

(b)accompanied by—

(i)the original or a certified copy of the proposed arrangement; and

(ii)the fee prescribed under a regulation.

(3)If the proposed arrangement is inconsistent with the work program or development plan for the relevant geothermal tenure, the application must be accompanied by the following document so that the Minister may decide whether to approve the document—

(a)for a geothermal permit—a proposed later work program complying with the later work program requirements;

(b)for a geothermal lease—a proposed later development plan complying with the later development plan requirements.

141Ministerial approval of proposed geothermal coordination arrangement

(1)The Minister may approve the proposed arrangement only if—

(a)the Minister is satisfied—

(i)the arrangement clearly identifies the safety responsibilities of each party to the arrangement for the land the subject of the arrangement; and

(ii)the spatial relationship between the relevant authorities for the arrangement is appropriate; and

(b)the proposed later work program or proposed later development plan accompanying the application has been approved; and

(c)the arrangement is consistent with the purposes of this Act.

(2)In considering whether to give the approval the Minister may have regard to any—

(a)coordination arrangement or proposed coordination arrangement under the P&G Act; or

(b)GHG coordination arrangement or proposed GHG coordination arrangement under the GHG storage Act.

(3)If a relevant authority has not been granted, the approval does not take effect until the authority takes effect.

s 141 amd 2011 No. 2 s 52

142Approval does not confer right to renew

(1)This section applies if the term of a geothermal coordination arrangement is longer than the current term of any relevant authority for the arrangement.

(2)To remove any doubt, it is declared that the approval of the arrangement does not impose an obligation or create a right to renew the relevant authority.

143Amendment or cancellation by parties to arrangement

(1)A geothermal coordination arrangement may be amended or cancelled by the parties to the arrangement only with the Minister’s approval.

(2)A purported amendment or cancellation of a geothermal coordination arrangement by the parties to it has no effect unless it is approved under subsection (1).

144Minister’s power to cancel arrangement

(1)The Minister may, by complying with subsections (2) and (3), cancel a geothermal coordination arrangement.

(2)If the Minister proposes to cancel the arrangement, the Minister must give each party to the arrangement a notice stating—

(a)that the Minister proposes to cancel the arrangement; and

(b)the reasons for the proposed cancellation; and

(c)that any party to the arrangement may make submissions to the Minister about the proposed cancellation or the likely impact of the cancellation on the relevant authorities.

(3)Before cancelling the arrangement, the Minister must consider—

(a)any submissions made by any party to the arrangement within the stated period; and

(b)the likely impact of the cancellation on the relevant authorities; and

(c)the public interest.

(4)If the Minister decides to cancel the arrangement, the Minister must give each party to the arrangement an information notice about the decision.

(5)The cancellation takes effect at the end of the appeal period for the decision to cancel or, if a later day of effect is stated in the information notice, on the later day.

(6)When the decision takes effect, the arrangement and the Minister’s approval of it cease to have effect.

145Cancellation does not affect relevant authorities

The cancellation of a former geothermal coordination arrangement does not affect any relevant authority.

146Application of pt 3

This part applies if—

(a)a person (the applicant) wishes to make a geothermal lease application; and

(b)there is an overlapping resource authority for the proposed geothermal lease.

147Requirements for making application

(1)The geothermal lease application must include—

(a)a statement complying with section 148 (a geothermal statement); and

(b)other information addressing the matters mentioned in subsection (2) (the geothermal assessment criteria).

(2)The geothermal assessment criteria are—

(a)compliance with the P&G Act safety provisions to the extent they are relevant; and

Note—

The definition of operating plant under the P&G Act, section 670 does not include wet geothermal production.

(b)the additional requirements under part 7 for proposed initial development plans; and

(c)the potential for the parties to make a geothermal coordination arrangement for the proposed geothermal lease; and

(d)the economic and technical viability of the concurrent or coordinated carrying out of authorised activities for the proposed geothermal lease and the overlapping resource authority; and

(e)the public interest.

148Content requirements for geothermal statement

The geothermal statement must—

(a)assess—

(i)the likely effect of proposed authorised activities for the proposed geothermal lease on the future use of resources under the overlapping resource authority; and

(ii)the technical and commercial feasibility of coordinating the proposed activities and the future use of the resources; and

(b)include proposals for the minimisation of potential adverse effects on possible future safe and efficient use of the resources under the overlapping resource authority.

149Applicant’s information obligation

(1)The applicant must, within 10 business days after making the geothermal lease application, give the overlapping resource authority holder a copy of the application, other than any part of the application relating to the capability criteria.

(2)If the Minister is reasonably satisfied the applicant has not complied with subsection (1), the Minister may refuse the application.

150Submissions by overlapping resource authority holder

(1)The overlapping resource authority holder may make submissions to the Minister about the geothermal lease application (holder submissions).

(2)However, holder submissions may be made only within 4 months after the holder is given a copy of the application.

(3)Holder submissions may do all or any of the following—

(a)state that the holder does not object to the granting of the proposed geothermal lease;

(b)if the overlapping resource authority is an exploration authority (non-geothermal)—state that the holder does not wish any priority for the carrying out of authorised activities for any future lease that may arise from the overlapping resource authority (overlapping authority priority);

(c)include information about authorised activities carried out under the overlapping resource authority;

(d)include a proposal by the overlapping resource authority holder for the use of the resource;

(e)include information relevant to the geothermal assessment criteria;

(f)propose reasonable provisions for the safety management plan for the proposed geothermal lease.

(4)The holder must give the applicant a copy of the holder submissions.

151Application of div 4

(1)This division applies if—

(a)the overlapping resource authority is an exploration authority (non-geothermal); and

(b)the overlapping resource authority holder has made holder submissions within 4 months after the holder was given a copy of the application; and

(c)the submissions state that the holder wishes overlapping authority priority.

(2)However, this division does not apply if, under another resource Act, overlapping authority priority has been given for any of the relevant land.

Note—

If this division does not apply, the geothermal lease application proceeds immediately to decision under chapter 3 as affected by division 7.

152Resource management decision

The Minister must make a decision (the resource management decision) about whether—

(a)to grant the geothermal lease application; or

(b)to give any overlapping authority priority for all or part of the relevant land; or

(c)not to grant the geothermal lease application and not to give any overlapping authority priority for any of the relevant land.

153Criteria for decision

In making the resource management decision the Minister must have regard to the following—

(a)the geothermal statement;

(b)the geothermal assessment criteria;

(c)the holder submissions;

(d)the public interest.

154Restrictions on giving overlapping authority priority

Overlapping authority priority may be given only if the Minister considers that—

(a)either—

(i)it is unlikely the applicant and the overlapping resource authority holder will enter into a geothermal coordination arrangement; or

(ii)a geothermal coordination arrangement for the proposed geothermal lease is not commercially or technically feasible; and

(b)the public interest would be best served by not granting a geothermal lease to the applicant first.

155Application of div 5

This division applies only if—

(a)under division 4, a resource management decision is required for the geothermal lease application; and

(b)the decision is to give overlapping authority priority for all or part of the relevant land.

156Notice to applicant and overlapping resource authority holder

(1)The chief executive must give the applicant and the overlapping resource authority holder notice of the resource management decision.

(2)The notice must invite the overlapping resource authority holder to apply, within 6 months after the giving of the notice (the overlapping authority application period), for a lease under the Act under which the overlapping resource authority was granted (a relevant lease)—

(a)if the overlapping authority priority is for all of the land—for all of the land; or

(b)if the priority is for part of the land—for that part.

157Relevant lease application for all of the land

(1)This section applies if—

(a)the overlapping authority priority is for all of the land; and

(b)within the overlapping authority application period the overlapping resource authority holder applies for a relevant lease for all of the land.

(2)A further step can not be taken to decide the geothermal lease application until after the relevant lease application has been decided.

Note—

Acts under which the overlapping resource authority was granted provide for refusal of the relevant lease application if it is not pursued in a timely manner.

(3)If the decision on the relevant lease application is to grant a relevant lease for all of the land, the geothermal lease application is taken to have lapsed.

158Relevant lease application for part of the land

(1)This section applies if the overlapping resource authority holder applies for a relevant lease for part of the land within the overlapping authority application period.

(2)The person who made the geothermal lease application may amend it so that a geothermal lease is only sought for all or part of the rest of the land.

(3)Unless the amendment is made, a further step can not be taken to decide the geothermal lease application until after the relevant lease application has been decided.

(4)If—

(a)the amendment has not been made; and

(b)the decision on the relevant lease application is to grant a relevant lease for part of the land;

the person who made the geothermal lease application may amend it so that a geothermal lease is sought only for all or part of the rest of the land.

Note—

If the geothermal lease application is not amended, see section 162.

159No relevant lease application

If the overlapping resource authority holder does not apply for a relevant lease for any of the land within the overlapping authority application period, the geothermal lease application may be decided.

160Lapsing of application

The geothermal lease application is taken to have lapsed if—

(a)under division 4, a resource management decision is required; and

(b)the decision was not to grant the geothermal lease application and not to give any overlapping authority priority for any of the relevant land.

161Application of div 7

This division applies if—

(a)the overlapping resource authority holder has not made holder submissions within 4 months after the holder was given a copy of the application (the submission period) or at all; or

(b)the overlapping resource authority holder has made holder submissions within the submission period stating that the holder does not wish any overlapping authority priority; or

(c)under division 4, a resource management decision is required and—

(i)the resource management decision is not to give overlapping authority priority for any of the relevant land; or

(ii)the resource management decision is to give overlapping authority priority for all or part of the relevant land and, after division 5 has been complied with, the Minister decides to grant a geothermal lease for the land.

162Application may be refused if no reasonable prospects of geothermal coordination arrangement

The Minister may decide to refuse the application if—

(a)the Minister is satisfied the applicant and the overlapping authority holder have made reasonable attempts to reach a proposed geothermal coordination arrangement (a relevant arrangement) for the proposed geothermal lease; and

(b)either—

(i)the overlapping resource authority holder has given the Minister a notice stating there are no reasonable prospects of a relevant arrangement being made; or

(ii)the Minister has not been given a relevant arrangement for approval and the Minister considers the applicant and the overlapping resource authority holder have had a reasonable opportunity to make a relevant arrangement.

163Additional criteria for deciding provisions of geothermal lease

In deciding the provisions of the geothermal lease, the Minister must consider the following—

(a)the geothermal statement;

(b)the geothermal assessment criteria;

(c)any holder submissions;

(d)the effect of the geothermal lease on safe and efficient use of resources under any overlapping resource authority for the geothermal lease if the overlapping resource authority is a lease;

(e)the effect on safe and efficient use of resources under any future lease that may arise from the overlapping resource authority.

164Publication of outcome of application

(1)After the Minister decides whether or not to grant the geothermal lease, the chief executive must publish a notice about the outcome of the geothermal lease application in or on at least 1 of the following—

(a)the gazette;

(b)the department’s website;

(c)another publication the chief executive considers appropriate.

(2)The notice must state—

(a)the decision; and

(b)if the decision was to grant the geothermal lease—all of the geothermal lease’s conditions other than the mandatory conditions; and

(c)if, under division 4, a resource management decision was required and the decision is to give overlapping authority priority for all or part of the land—the decision and the reasons for it.

(3)However, if the chief executive considers information in a condition is commercial-in-confidence, the chief executive may, instead of publishing the condition, publish a statement about its intent.

165Earlier GHG, mining or petroleum lease application

If—

(a)a geothermal lease application is made; and

(b)before the making of that application, an application (the other application) was made for a GHG lease, mining lease or petroleum lease (the other proposed lease); and

(c)the other application had not been decided before the making of the geothermal lease application; and

(d)the other proposed lease would, if granted, be an overlapping resource authority for the proposed geothermal lease;

the geothermal lease application must not be decided until the other application has been decided.

166Proposed GHG, mining or petroleum lease for which EIS approval given

(1)This section applies for a geothermal lease application if—

(a)before the making of the application, an approval under the Environmental Protection Act, chapter 3, part 2 was granted for the voluntary preparation of an EIS; and

(b)the EIS is for a project that is or includes a proposed GHG lease, mining lease or petroleum lease (the other proposed lease) for land the subject of the application.

(2)The application must not be decided until—

(a)if no application is made for the other proposed lease within 2 years after the granting of the approval—the end of the 2 years; or

(b)if an application is made for the other proposed lease within the 2 years—that application is decided.

167Proposed GHG, mining or petroleum lease declared a coordinated project

(1)This section applies for a geothermal lease application if—

(a)before the making of the application, a coordinated project was declared; and

(b)the project is or includes a proposed GHG lease, mining lease or petroleum lease (the other proposed lease) for land the subject of the application.

(2)The application must not be decided until—

(a)if no application is made for the other proposed lease within 1 year after the making of the declaration—the end of that year; or

(b)if an application is made for the other proposed lease within that year—that application is decided.

s 167 amd 2012 No. 43 s 325 sch 2

168Application of pt 5

This part applies if—

(a)a geothermal lease application is made in response to an invitation given because of a resource management decision under another resource Act; and

(b)the application is made within 6 months after the giving of the invitation.

169Additional ground for refusing application

(1)The Minister may decide to refuse the geothermal lease application if satisfied the applicant has not in a timely manner—

(a)taken any step for the application required of the applicant under chapter 3 or this chapter; or

(b)satisfied the Minister about a matter that, under chapter 3 or this chapter, is required for the granting of the application.

(2)Subsection (1) does not limit section 365, 366 or 366A.

s 169 amd 2012 No. 20 s 281 sch 2

170Overlapping GHG, mining or petroleum lease

(1)This section applies if land is in the area of both of the following—

(a)a geothermal permit;

(b)a GHG lease, mining lease or petroleum lease (a relevant lease).

(2)However, this section does not apply if the same person holds the geothermal permit and the relevant lease.

(3)An authorised activity for the geothermal permit may be carried out on the land only if—

(a)the relevant lease holder has not, in the way required under subsection (4), objected to—

(i)the carrying out of the activity; or

(ii)if the P&G Act safety provisions require a safety management plan for the geothermal permit holder—the safety management plan; or

(b)if an objection under paragraph (a) has been made—the Minister has, under section 172, decided the authorised activity may be carried out.

Note—

For notice of authorised activities, see section 174.

(4)The objection must be in the approved form and given to the Minister and the geothermal tenure holder.

Note—

See also the Mineral Resources Act, section 403 (Offences regarding land subject to mining claim or mining lease).

171Overlapping exploration authority (non-geothermal)

(1)This section applies if land is in the area of a geothermal permit and an exploration authority (non-geothermal).

(2)An authorised activity for the geothermal permit can not be carried out on the land if—

(a)carrying out the activity adversely affects the carrying out of an authorised activity for the exploration authority (non-geothermal); and

(b)the authorised activity for the exploration authority (non-geothermal) has already started.

172Resolving disputes

(1)This section applies if, under section 170, a relevant lease holder has objected to the carrying out of a geothermal activity by a geothermal permit holder.

(2)This section also applies if there is a dispute between a geothermal permit holder and an exploration authority (non-geothermal) holder about whether an authorised activity for the geothermal tenure can be carried out under section 171.

(3)Either of the parties may by a notice in the approved form ask the Minister to decide—

(a)for section 170—whether the authorised activity may be carried out under that section; or

(b)for section 171—whether the authorised activity may be carried out under that section.

(4)Before making the decision the Minister must give the parties a reasonable opportunity to make submissions about the request within a reasonable period.

(5)The Minister must, after complying with subsection (2) and considering any submissions made under that subsection, decide the matter and give the parties notice of the decision.

(6)The Minister’s decision binds the parties.

(7)If the request is about a matter mentioned in subsection (1), the Minister may impose conditions on any decision that the authorised activity may be carried out.

(8)In this section—

parties means—

(a)for a request about a matter mentioned in subsection (1)—the geothermal permit holder and the relevant lease holder; or

(b)for a request about a matter mentioned in subsection (2)—the geothermal permit holder and the exploration authority (non-geothermal) holder.

173Notice of grant by particular geothermal permit holders

(1)This section applies if land in a geothermal permit’s area is in the area of, or in a proposed area under an application for, any of the following other authorities—

(a)an exploration authority (non-geothermal);

(b)a GHG data acquisition authority under the GHG storage Act;

(c)a data acquisition authority under the P&G Act;

(d)a water monitoring authority under the P&G Act.

(2)It is a condition of the permit that its holder must, within 20 business days after the holder receives notice of the grant of the permit, give the holder of or applicant for the other authority a notice stating—

(a)the permit has been granted; and

(b)the permit holder’s name and address; and

(c)the permit’s term.

174Condition to notify particular other authority holders of proposed start of particular authorised activities

(1)This section applies to a geothermal tenure holder if—

(a)there is any of the following (the other authority) for the geothermal tenure—

(i)an overlapping resource authority;

(ii)a GHG authority, a mining lease or a petroleum tenure sharing a common boundary with the geothermal tenure; or

(b)land in the geothermal tenure’s area is in the area of any of the following (also the other authority)—

(i)a GHG data acquisition authority under the GHG storage Act;

(ii)a data acquisition authority under the P&G Act.

(2)Before the geothermal tenure holder first starts a designated activity in the other authority’s area, the geothermal tenure holder must give the other authority holder at least 30 business days notice of the activity.

(3)A notice under subsection (2) must state—

(a)when the designated activity is to start; and

(b)where the designated activity is to be carried out; and

(c)the nature of the activity.

(4)Before changing the land on which the designated activity is being carried out, the geothermal tenure holder must give the other authority holder at least 30 business days notice stating where the activity is to be carried out.

(5)Compliance with this section is a condition of the geothermal tenure.

(6)In this section—

designated activity means any authorised activity for the geothermal tenure other than—

(a)an incidental activity under section 32 or 76; or

(b)an activity only involving selecting places where other authorised activities for the geothermal tenure may be carried out.

175Continuance of geothermal coordination arrangement after transfer

(1)This section applies if—

(a)there is an overlapping resource authority for a geothermal lease; and

(b)a geothermal coordination arrangement applies to the geothermal lease; and

(c)the geothermal lease is transferred.

(2)It is a condition of the geothermal lease that its holder must continue to be a party to a geothermal coordination arrangement for the lease while the overlapping resource authority continues in force.

176Interests of overlapping resource authority holder to be considered

If there is an overlapping resource authority for a geothermal lease, it may be amended under section 353 only if the interests of the overlapping resource authority holder have been considered.

177Operation of pt 7

This part imposes additional requirements for the following for a geothermal lease or proposed geothermal lease for which there is an overlapping resource authority—

(a)a proposed initial development plan;

(b)a proposed later development plan;

(c)an amendment the subject of a development plan amendment application.

178Statement about interests of overlapping resource authority holder

The proposed development plan or amendment must include a statement of how the effects on and the interests of any overlapping resource authority holder have or have not been considered, having regard to the geothermal assessment criteria.

179Consistency with overlapping resource authority’s development plan and with any relevant coordination arrangement

(1)To the extent the area of the geothermal lease and the overlapping resource authority coincide or will coincide, the proposed development plan or amendment must be consistent with any geothermal coordination arrangement for that area.

(2)Subsection (3) applies if the overlapping resource authority is a mining lease or petroleum lease (the relevant lease).

(3)The proposed plan or amendment must, to the extent the area of the geothermal lease and the relevant lease coincide or will coincide, be consistent with the development plan for the overlapping resource authority.

180Additional criteria for approval

In deciding whether to approve the proposed development plan or amendment, the Minister must consider the geothermal assessment criteria.

181Grant of geothermal lease does not affect obligation to make plan

(1)This section applies if a geothermal statement accompanies a geothermal lease application as required under this chapter.

(2)The deciding of the application or the grant of the geothermal lease—

(a)does not affect the obligation under the P&G Act safety provisions to make a safety management plan for any operating plant in the geothermal lease’s area; and

(b)is not of itself evidence that a safety management plan, or purported safety management plan, for an operating plant in the geothermal lease’s area complies with those provisions.

182Requirements for consultation with particular overlapping resource authority holders

(1)This section applies if—

(a)a person (an operator) proposes to be an operator of operating plant under the P&G Act in a geothermal tenure’s area; and

(b)the operating plant is used, or is proposed to be used, for geothermal activities (relevant operating plant); and

(c)activities (relevant activities) carried out, or proposed to be carried out, at the plant may adversely affect the safe and efficient use of resources under an overlapping resource authority for the geothermal tenure.

(2)Before any operator may operate relevant operating plant, each operator must have made reasonable attempts to consult with the overlapping resource authority holder about relevant activities for the plant.

(3)If there is more than 1 operator, the geothermal tenure holder may coordinate the consultation between the operators and the overlapping resource authority holder.

(4)For subsection (2), an operator is taken to have made reasonable attempts to consult if—

(a)the operator gives the overlapping resource authority holder a copy of the parts of the operator’s proposed safety management plan concerning any relevant operating plant the operator proposes to operate for the relevant activities; and

(b)the overlapping resource authority holder has not, within 30 days after the giving of the copy, made any proposal to the operator about provisions for the plan.

(5)An operator must, before making or remaking a safety management plan for any relevant operating plant the operator operates or proposes to operate, have regard to any reasonable provisions for the plan proposed by the overlapping resource authority holder concerning relevant activities for the plant.

(6)However, the obligation under subsection (5) applies only to the extent the provisions are commercially and technically feasible for the operator or any relevant geothermal tenure holder.

(7)If an operator makes a safety management plan for relevant operating plant and the plan includes provisions proposed by the overlapping resource authority holder, the operator must—

(a)give the overlapping resource authority holder a copy of the plan; and

(b)give the chief inspector under the P&G Act a notice stating any provisions proposed under subsection (5) and whether they were included in the plan.

(8)In this section—

remaking, a safety management plan, includes an amendment or remaking of the plan of a type required under the P&G Act, section 678.

183Application of P&G Act provisions for resolving disputes about reasonableness of proposed provision

(1)This section applies if a dispute exists between an operator under section 182 and an overlapping resource authority holder about the reasonableness of a provision proposed by the overlapping resource authority holder for the operator’s proposed safety management plan.

(2)The P&G Act, section 387, chapter 12 and schedule 1 apply for the dispute as if it were a dispute to which section 387 of that Act applies.

Editor’s note—

P&G Act, section 387 (Resolving disputes about provision proposed by coal or oil shale exploration tenement holder), chapter 12 and schedule 1 (Reviews and appeals)

Note—

See also chapter 8, part 1.

184Area of geothermal tenure

(1)This section provides for the area of a geothermal tenure.

(2)Subject to section 187, the area does not include excluded land for the geothermal tenure.

Note—

See also section 350B(3) if land in the geothermal tenure’s area is taken under a resumption law.

(3)The area can not include—

(a)land in another geothermal tenure’s area, unless—

(i)the geothermal tenure is a geothermal lease; and

(ii)under section 189, the land will cease to be included in the geothermal permit’s area on the grant of the lease; or

(b)excluded land for a geothermal tenure.

(4)Unless the Minister otherwise decides, the area must form a single contiguous parcel of land.

(5)The area may include a part of a block only if the part consists of all areas within the block that are left after taking away all excluded land within the block (a residual block).

Note—

See also section 350B(3) if land in the geothermal tenure’s area is taken under a resumption law.

(6)The area must be no more than the following number of blocks or residual blocks, in any combination, unless the Minister considers there are exceptional circumstances—

(a)for geothermal permit—50;

(b)for a geothermal lease—25.

s 184 amd 2012 No. 20 s 16

185References to blocks of geothermal tenure

(1)This section applies if a geothermal tenure states its area includes land within a block without including or excluding any particular sub-block.

(2)The reference to the block is a reference to all sub-blocks within the block to the extent they do not consist of excluded land or land in a restricted area.

Note—

See also section 350B(3) if land in the geothermal tenure’s area is taken under a resumption law.

(3)To remove any doubt, it is declared that if land within any of the sub-blocks ceases to be excluded land or land in a restricted area, the cessation itself does not cause the land to be within the geothermal tenure’s area.

s 185 amd 2012 No. 20 s 17

186Minister’s power to decide excluded land

(1)The Minister may decide excluded land for a geothermal tenure or proposed geothermal tenure.

(2)However, the power under subsection (1) may be exercised only when the Minister is deciding whether to—

(a)grant or renew the geothermal tenure; or

(b)approve any later work program or development plan for the geothermal tenure.

(3)Also, excluded land must be within any block that the geothermal tenure states is included in its area.

(4)Excluded land may be described in a way the Minister considers appropriate, including, for example, by area or by reference to a stated type of land.

(5)Land ceases to be excluded land for a geothermal tenure if—

(a)the block in which the land is located is relinquished or for any other reason ceases to be in the geothermal tenure’s area; or

(b)the geothermal tenure is a geothermal permit and—

(i)a geothermal lease is granted over any of the geothermal permit’s area; and

(ii)the land is excluded land for the geothermal lease.

187Minister may add excluded land

(1)The Minister may amend a geothermal tenure by adding excluded land for the tenure to its area.

(2)However, the excluded land may be added only if the relevant environmental authority applies to the excluded land.

(3)The amendment may be made—

(a)on the Minister’s initiative with the consent of the holder of the geothermal tenure; or

(b)on the holder’s application.

(4)The application must be—

(a)in the approved form; and

(b)accompanied by the fee prescribed under a regulation.

(5)The Minister must consider the application and decide whether to add or refuse to add the excluded land.

(6)If the decision on the application is not to add the land, the Minister must as soon as practicable give the applicant notice of the decision.

(7)The amendment may be made subject to the holder applying to the Minister for approval of an amendment of the geothermal tenure’s work program or development plan to reflect the inclusion of the excluded land.

(8)If the land is added to the geothermal tenure’s area it ceases to be excluded land for the tenure.

(9)The Minister may amend the provisions of the geothermal tenure in a way that reflects the addition of the land and complies with—

(a)for a geothermal permit—section 40; or

(b)for a geothermal lease—section 82.

188Ending of geothermal permit if all of its area relinquished

If all of the area of a geothermal permit is relinquished, the permit ends.

189Area of geothermal permit reduced on grant of geothermal lease

(1)Land ceases to be in a geothermal permit’s area if a geothermal lease is granted to the geothermal permit holder over the land.

(2)If a geothermal lease is granted to the geothermal permit holder over all of the area of a geothermal permit, the permit ends.

190Relinquishment report for partial relinquishment

(1)This section applies if part of the area of a geothermal tenure is relinquished as required or authorised under this Act and the tenure continues to exist.

(2)The holder of the geothermal tenure must, within 6 months after the relinquishment, give the chief executive a report—

(a)describing—

(i)the authorised activities for the geothermal tenure carried out in the part; and

(ii)the results of the activities; and

(b)including other information prescribed under a regulation.

Maximum penalty—200 penalty units.

(3)The report must—

(a)be—

(i)given electronically using the system for submission of reports made or approved by the chief executive; and

(ii)in the digital format made or approved by the chief executive; or

(b)if a way of giving the report is prescribed under a regulation—be given in that way.

(4)The chief executive must ensure the system and a document detailing the digital format made or approved by the chief executive are available for inspection on the department’s website.

(5)The requirements under subsection (3) are the required way for giving reports to the chief executive.

s 190 amd 2012 No. 20 s 131

191End of tenure report

Within 6 months after a geothermal tenure ends, the person who held the tenure immediately before it ended must give the chief executive a report in the required way that includes all of the following—

(a)a summary of all authorised activities for the tenure carried out for the tenure since it took effect;

(b)a summary of the results of the activities;

(c)an index of all reports given as required under this Act, for the activities;

(d)a summary of all significant hazards created to future safe and efficient mining that, under the P&G Act safety provisions, are required to be reported by the person;

(e)for each hazard mentioned in the summary under paragraph (d)—a reference to the report containing details of the hazard;

(f)any information required to be reported under this Act that has not been previously reported;

(g)other information prescribed under a regulation.

Maximum penalty—150 penalty units.

s 191 amd 2012 No. 20 s 125 sch 1

192Power to require information or reports about authorised activities to be kept or given

(1)A regulation or the chief executive may, for the services of the State, require a geothermal tenure holder to—

(a)keep, in a stated way, stated information or types of information about authorised activities carried out under the geothermal tenure; or

Example of a way of keeping information—

in a stated digital format

(b)give the chief executive a notice in the approved form giving stated information or types of information or stated reports at stated times or intervals about authorised activities carried out under the geothermal tenure.

Example of a stated time—

for a report about a geothermal well, 6 months after its completion

(2)For subsection (1), the information or report required to be given or kept may be—

(a)exploration data; or

(b)opinions, conclusions, technical consolidations and advanced interpretations based on exploration data.

(3)A requirement by the chief executive under subsection (1)(b) may state—

(a)a format required for giving the information or types of information; and

(b)a degree of precision required for the giving of the information.

(4)A person of whom a requirement under subsection (1) has been made must comply with the requirement.

Maximum penalty—100 penalty units.

(5)In this section—

information includes documents, records and samples.

193Requirement to keep records and samples

(1)A geothermal tenure holder must, for the period and in the way prescribed under a regulation, keep the records and samples about authorised activities carried out under the tenure as prescribed under a regulation.

Maximum penalty—500 penalty units.

(2)For subsection (1), the prescribed records may be—

(a)exploration data; or

(b)opinions, conclusions, technical consolidations and advanced interpretations based on exploration data.

194Requirement to give records and samples

(1)A person who, under section 193, is required to keep a record or sample must, for the services of the State, give a copy of the record and a part of the sample to the chief executive within 6 months after the earlier of the following (the required time)—

(a)the day the record or sample was acquired or made;

(b)the day the relevant geothermal tenure ends.

Maximum penalty—500 penalty units.

(2)The copy of the record must be given in the required way for giving reports to the chief executive.

(3)If the chief executive gives the person a notice asking the person for more of the sample, the person must give it to the chief executive at the address stated in the notice within the reasonable period stated in the notice (also the required time), unless the holder has a reasonable excuse.

Maximum penalty—500 penalty units.

(4)The chief executive may extend the required time by up to 1 year if—

(a)the person asks for the extension before the required time ends; and

(b)the chief executive is satisfied the extension is necessary.

(5)However, the extension must not end later than—

(a)for subsection (1)—6 months after the required time ends; or

(b)for subsection (3)—1 year after the required time ends.

(6)Without limiting subsection (1), the uses to which the State may put the copy of the record and the part of the sample may include the building of a publicly available database to facilitate geothermal exploration for the services of the State.

195Meaning of required information

The required information, for a geothermal tenure, is any form of information given under this Act by the tenure holder about authorised activities carried out under the tenure, including, for example—

(a)a sample; and

(b)data and other matters mentioned in section 192(2).

196Public release of required information

(1)The mere fact of the existence of a geothermal tenure is taken to be an authorisation from its holder to the chief executive to do the following, after the end of any confidentiality period prescribed under a regulation—

(a)to publish in the way prescribed under a regulation required information for the geothermal tenure for public use;

(b)on payment of a fee prescribed under a regulation, to make the required information available to any person.

(2)Any confidentiality period prescribed under subsection (1) ceases if the information is about an authorised activity carried out only in an area no longer in the geothermal tenure’s area.

Example—

The required information is a well completion report about a geothermal well drilled on particular land in a geothermal permit’s area. Subsection (1) ceases to apply if all of that land is relinquished under the relinquishment condition for the permit.

(3)The authorisation is not affected by the ending of the geothermal tenure.

197Chief executive may use required information

(1)The mere fact of the existence of a geothermal tenure is taken to be an authorisation from its holder to the chief executive to use required information for—

(a)purposes reasonably related to this Act that are required for the geothermal tenure; or

(b)the services of the State.

(2)The authorisation is not affected by the ending of the geothermal tenure.

198Requirements for drilling geothermal well

A person drilling a geothermal well must comply with—

(a)any requirements prescribed under a regulation for the drilling of the geothermal well; and

(b)any relevant requirements about construction and drilling standards for water well drilling activities under the Water Act.

Maximum penalty—500 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 333A, to have also committed the offence.

s 198 amd 2013 No. 51 s 229 sch 1

199Application of div 2

This division applies to a geothermal well drilled by or for a geothermal tenure holder.

200Obligation to decommission

(1)The geothermal tenure holder must ensure the geothermal well is decommissioned from use under this Act before the tenure ends or the land on which the well is located ceases to be in the tenure’s area.

Maximum penalty—500 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 333A, to have also committed the offence.

(2)However, subsection (1) does not apply for land that, under section 189(1), ceases to be in a geothermal permit’s area.

(3)For subsection (1), the geothermal well is decommissioned from use under this Act only if—

(a)it has been plugged and abandoned in the way prescribed under a regulation; and

(b)any relevant requirements under the Water Act for the decommissioning of water wells used for the geothermal well have been complied with; and

(c)the geothermal tenure holder has given the Minister of the department in which the Water Act is administered a notice in the approved form about the decommissioning.

s 200 amd 2013 No. 51 s 229 sch 1

201Right of entry to facilitate decommissioning

(1)This section applies if—

(a)the geothermal tenure has ended or the land on which the geothermal well is located is no longer in the tenure’s area; and

(b)the geothermal tenure holder or former holder has not carried out decommissioning as required under section 200.

(2)The holder or former holder may enter the following land to carry out the decommissioning—

(a)land (the primary land) on which the decommissioning must be or was required to be carried out;

(b)any other land (the access land) it is reasonably necessary to cross for access to the primary land.

(3)Section 233 and the Common Provisions Act, chapter 3, parts 2, 3 and 7 apply to the holder or former holder in the following way—

(a)if the geothermal tenure has ended, as if—

(i)it were still in force; and

(ii)the former holder were still its holder;

(b)as if the primary land and access land is in the geothermal tenure’s area;

(c)as if the decommissioning is an authorised activity for the geothermal tenure.

s 201 amd 2018 No. 24 s 9

202Responsibility for geothermal well after decommissioning

(1)This section applies if the geothermal tenure holder has decommissioned a geothermal well under section 200.

Note—

For ownership before decommissioning, see section 271 (Ownership of equipment and improvements).

(2)Despite the decommissioning, the holder continues to be responsible under this Act for the geothermal well until the earlier of the following times (the relevant time)—

(a)when the geothermal tenure ends;

(b)when the land on which the geothermal well is located ceases to be in the geothermal tenure’s area.

(3)The geothermal well is taken to have been transferred to the State at the relevant time.

Note—

However, the holder may still have obligations under the Environmental Protection Act, chapter 5 for the geothermal well.

(4)Subsection (3) applies despite—

(a)the geothermal well being on or part of land owned by someone else; or

(b)the sale or other disposal of the land.

s 202 amd 2012 No. 16 s 78 sch

203Operation and purpose of pt 4

(1)This part empowers the Minister to require, from time to time, a geothermal tenure holder or a person who has applied for a geothermal tenure to give the State security for the tenure or proposed tenure.

(2)The security may be used to pay—

(a)any liability under this Act the State incurs because of an act or omission of the holder; and

(b)any unpaid annual rent payable by the holder to the State; and

(c)other unpaid amounts payable under this Act by the holder to the State, including, for example, any of the following—

(i)an unpaid civil penalty;

(ii)unpaid interest on unpaid annual rent;

(iii)any debt payable by the holder under section 352; and

(d)any compensation the State must pay under section 309 because of the exercise or purported exercise of remedial powers for the geothermal tenure, whether or not the tenure has ended.

204Power to require security for geothermal tenure

(1)The Minister may require a geothermal tenure holder or a person who has applied for a geothermal tenure to give the State security for the tenure, or proposed tenure.

(2)The security must be—

(a)in the form prescribed under a regulation; and

(b)of at least the amount prescribed under a regulation.

(3)The requirement may be made at any time.

(4)However, the requirement does not take effect until the holder or applicant is given—

(a)for a requirement to give security in the form and amount prescribed under subsection (2)—notice of the requirement; or

(b)otherwise—an information notice about the decision to make the requirement.

205Minister’s power to require additional security

(1)The Minister may at any time require a geothermal tenure holder to increase the amount of security given for the tenure.

(2)However—

(a)if, because of an increase in the prescribed amount under section 204(2), the requirement is to increase the total security required to no more than the increased prescribed amount—the requirement must be made by notice to the holder; or

(b)if the requirement is to increase the total security required to more than the prescribed amount under section 204(2) when the requirement is made—

(i)subsections (3) to (5) must be complied with before making the requirement; and

(ii)the requirement does not take effect until the holder is given an information notice about the decision to make the requirement.

(3)The Minister must give the holder notice—

(a)stating the proposed increased amount of the security for the geothermal tenure; and

(b)inviting the holder to make submissions about the proposed increased amount to the Minister within a stated reasonable period.

(4)The stated period must end at least 20 business days after the holder is given the notice.

(5)The Minister must consider any submissions made by the holder within the stated period.

(6)In this section—

security given includes security given or increased because of a requirement under subsection (1).

s 205 amd 2012 No. 20 s 125 sch 1

206Interest on security

The State may keep any interest accruing on security given under this part for a geothermal tenure.

207Power to use security

The State may use security given under this part for a geothermal tenure and any interest accruing on the security to make a payment mentioned in section 203(2) concerning the tenure.

208Replenishment of security

(1)This section applies if—

(a)under section 207, all or part of the security for a geothermal tenure has been used; and

(b)the geothermal tenure is still in force.

(2)The Minister must give the geothermal tenure holder a notice—

(a)stating how much of the security has been used; and

(b)directing the holder to replenish the security for the geothermal tenure, within 30 days after the giving of the notice, up to the higher of the following—

(i)the amount prescribed under a regulation;

(ii)if the notice states that, under section 204, another amount is required—the other amount.

209Security not affected by change in tenure holder

(1)This section applies if security for a geothermal tenure has been given under this part for the tenure and its holder changes.

(2)Despite the change, the security and any interest accruing on it continues in force for the benefit of the State and may be used under section 207.

(3)If the security is in the form of money, until the security is replaced or refunded it continues in force for the holder from time to time of the geothermal tenure.

210Retention of security after geothermal tenure ends

(1)Security or part of security given for a geothermal tenure may be kept by the State for 1 year after the tenure has ended.

(2)Also, if a claim made for the use of the security has not been assessed, an appropriate amount of the security to meet the claim may be kept by the State until the claim has been assessed.

pt hdg sub 2014 No. 47 s 298

ch 6 pt 5 div 1 hdg om 2014 No. 47 s 298

ch 6 pt 5 div 1 hdg om 2014 No. 47 s 298

ch 6 pt 5 div 1 hdg om 2014 No. 47 s 298

ch 6 pt 5 div 2 hdg om 2014 No. 47 s 298

ch 6 pt 5 div 2 sdiv 1 hdg om 2014 No. 47 s 298

ch 6 pt 5 div 2 sdiv 2 hdg om 2014 No. 47 s 298

ch 6 pt 5 div 2 hdg om 2014 No. 47 s 298

ch 6 pt 5 div 3 hdg om 2014 No. 47 s 298

ch 6 pt 5 div 4 hdg om 2014 No. 47 s 298

ch 6 pt 5 div 5 hdg om 2014 No. 47 s 298

ch 6 pt 5 div 6 hdg om 2014 No. 47 s 298

233Direction to ease concerns of owner or occupier

(1)This section applies if the Minister reasonably believes that, to ease a valid concern of an owner or occupier of land in a geothermal tenure’s area, the tenure holder ought reasonably to take action, or cease taking action.

(2)The Minister may, by notice, direct the holder to take the action, or cease taking the action, within a stated reasonable period.

(3)However, before deciding to give the notice, the Minister must—

(a)give the holder a notice stating—

(i)the proposed direction; and

(ii)the grounds for giving the proposed direction; and

(iii)the facts and circumstances forming the basis for the grounds; and

(iv)that the holder may, within a stated reasonable period, make submissions to the Minister about the proposed direction; and

(b)consider any submissions made by the holder within the period.

(4)The decision does not take effect until the holder is given an information notice about the decision.

Note—

For the consequence of noncompliance with the direction, see section 321 (When noncompliance action may be taken).

s 233 sub 2014 No. 47 s 298

270Application of pt 9

(1)This part applies if—

(a)equipment or improvements are taken onto or constructed or placed on land in a geothermal tenure’s area; and

(b)the equipment or improvements were taken onto or constructed or placed on the land for use for an authorised activity for the geothermal tenure; and

(c)the geothermal tenure continues in force.

(2)However, this part is subject to part 14.

Editor’s note—

part 14 (Enforcement of end of tenure and area reduction obligations)

(3)In this section—

equipment includes machinery and plant.

improvements—

(a)does not include a geothermal well; but

(b)does include any works constructed in connection with a geothermal well.

271Ownership of equipment and improvements

(1)While the equipment or improvements are on the land they remain the property of the person who owned them immediately before they were taken onto or constructed or placed on the land, unless that person otherwise agrees.

Note—

See, however, section 361 (Obligation to remove equipment and improvements).

(2)However, for a geothermal well, subsection (1) is subject to part 3, division 2.

Editor’s note—

part 3, division 2 (Decommissioning of geothermal wells)

(3)Subsection (1) applies despite—

(a)the plant or equipment having become part of the land; or

(b)the sale or other disposal of the land of which the plant or equipment has become a part.

(4)The equipment or improvements can not be—

(a)levied or seized in execution; or

(b)sold in exercise of a power of sale or otherwise disposed of by a process under a law of a State taken against the holder or the owner of the land.

(5)This section applies despite—

(a)an Act or law of a State; or

(b)a contract, covenant or claim of right under a law of a State.

290General conditions for renewal application

(1)A geothermal tenure holder may apply to renew the tenure only if none of the following is outstanding by the holder—

(a)annual rent for any geothermal tenure;

(b)a civil penalty under section 131 for nonpayment of annual rent;

(c)security required for any geothermal tenure, as required under section 204;

(d)interest payable under section 372 on annual rent or a civil penalty;

(e)geothermal royalty.

(2)Also, the application can not be made—

(a)more than 60 business days before the geothermal tenure’s term ends; or

(b)after the geothermal tenure has ended; or

(c)if the area the subject of the application is more than the area of the geothermal tenure sought to be renewed immediately before the renewed geothermal tenure is to take effect.

Note—

See, however, section 350C(3) in relation to acquired land that was previously in the area of the geothermal tenure being renewed.

s 290 amd 2012 No. 20 s 19

291Restriction on applying for renewal of geothermal permit

A geothermal permit holder can not apply to renew the permit for a proposed term ending later than 15 years after the permit originally took effect.

292Requirements for making application

The application must—

(a)be made to the Minister in the approved form; and

(b)include the following for the renewed geothermal tenure—

(i)for a geothermal permit—a proposed later work program complying with the later work program requirements;

(ii)for a geothermal lease—a proposed later development plan complying with the later development plan requirements; and

(c)be accompanied by—

(i)the application fee prescribed under a regulation; and

(ii)if the application is made less than 20 business days before the end of the geothermal tenure’s term—an amount that is 10 times the application fee.

293Continuing effect of geothermal tenure for renewal application

(1)This section applies if, before the application is decided, the geothermal tenure’s term ends.

(2)Despite the ending of the term, the geothermal tenure continues in force until the earlier of the following happens—

(a)any renewed term of the geothermal tenure starts;

(b)a refusal of the application takes effect;

(c)the application is withdrawn;

(d)the geothermal tenure is cancelled under this Act.

(3)Subsections (4) and (5) also apply if—

(a)the geothermal tenure is a geothermal permit; and

(b)the applicant has applied for a declaration of a potential geothermal commercial area for the geothermal permit.

(4)The geothermal permit continues in force until the declaration application is decided but only for the area of the proposed potential geothermal commercial area applied for.

(5)The evaluation program included in the declaration application is taken to be the work program for the geothermal permit.

(6)If the geothermal tenure is renewed, subsections (2) and (4) are taken never to have applied for the period from the end of the term of the geothermal tenure being renewed as stated in that tenure.

294Deciding application

(1)The Minister may grant or refuse the renewal.

(2)However—

(a)before deciding to grant the renewal, the Minister must decide whether to approve the following for the renewed geothermal tenure—

(i)for a renewed geothermal permit—the applicant’s proposed work program;

(ii)for a renewed geothermal lease—the applicant’s proposed development plan; and

(b)the renewal can not be granted unless—

(i)the proposed program or plan has been approved; and

(ii)the applicant satisfies the capability criteria; and

(iii)the Minister is satisfied the applicant has substantially complied with the geothermal tenure being renewed; and

(iv)the relevant environmental authority has been issued; and

(v)any relevant Water Act authorisation has been issued.

Note—

If the application relates to acquired land that was previously in the area of the geothermal tenure being renewed, see also section 350C.

(3)Also, if—

(a)the geothermal tenure is a geothermal permit; and

(b)the applicant has been given a notice under section 72 to apply for a geothermal lease;

the renewal application must not be decided until the issue of whether a geothermal lease will be granted is decided.

(4)Subsection (3) does not limit the power under section 73 to take a proposed action as stated in the notice.

(5)The Minister may, as a condition of deciding to grant the application, require the applicant to do either or both of the following within a stated reasonable period—

(a)pay the annual rent for the first year of the renewed geothermal tenure;

(b)give, under section 204, security for the renewed geothermal tenure.

(6)If the applicant does not comply with the requirement, the Minister may refuse the application.

s 294 amd 2012 No. 20 s 20

295Provisions and term of renewed geothermal permit

(1)This section, as well as section 297, applies if the Minister decides to grant the renewal and the geothermal tenure is a geothermal permit.

(2)Subject to this section and section 297, section 40 applies to the renewed geothermal permit as if it were a geothermal permit decided to be granted under chapter 2.

(3)The renewed geothermal permit’s term can not be—

(a)more than 5 years; or

(b)for a term ending more than 15 years after the permit originally took effect.

(4)However, if any part of the renewed geothermal permit’s area is a potential geothermal commercial area, its term for that part may be for a longer period that—

(a)ends no later than when the declaration of the potential geothermal commercial area ends; and

(b)is no more than the last term of the geothermal permit being renewed.

(5)To remove any doubt, it is declared that subsection (4)(b) does not prevent a renewal of the renewed geothermal tenure.

296Provisions of renewed geothermal lease

(1)This section, as well as section 297, applies if the Minister decides to grant the renewal and the geothermal tenure is a geothermal lease.

(2)Subject to this section and section 297, section 82 applies to the renewed geothermal tenure as if it were a geothermal lease decided to be granted under chapter 3.

(3)The renewed lease’s term must not be more than 20 years.

297Additional provisions for term of any renewed geothermal tenure

(1)The renewed geothermal tenure’s conditions may be different from the conditions or other provisions of the geothermal tenure being renewed.

(2)If the renewed geothermal tenure is decided before the end of the term of the geothermal tenure being renewed as stated in that tenure (the previous term), the term of the renewed geothermal tenure is taken to start from the end of the previous term.

(3)If the renewed geothermal tenure is decided after the previous term, the term of the renewed geothermal tenure starts immediately after the end of the previous term, but—

(a)the renewed geothermal tenure’s conditions do not start until its holder is given notice of them; and

(b)until the notice is given, the conditions of the geothermal tenure being renewed apply to the renewed geothermal tenure as if they were its conditions.

298Criteria for decisions

In deciding whether to grant the renewal, or deciding the provisions of the renewed geothermal tenure, the Minister must consider—

(a)for a renewed geothermal permit—the work program criteria; and

(b)for a renewed geothermal lease—the development plan criteria; and

(c)whether the applicant continues to satisfy the capability criteria.

299Information notice about refusal

If the Minister decides to refuse the application, the Minister must give the applicant an information notice about the decision.

300When refusal takes effect

(1)A refusal of the application takes effect at the end of the appeal period for the decision to refuse.

(2)Subsection (1) applies subject to section 338 and any decision of the Land Court under section 340 relating to the decision to refuse.

301Requirements for surrender

(1)A geothermal tenure holder may surrender all or part of the tenure’s area only if, under this part—

(a)an application (a surrender application) has been made for approval of the surrender; and

(b)the surrender has been approved.

(2)In this section—

surrender does not include a relinquishment of an area if the relinquishment is required or authorised under—

(a)the relinquishment condition; or

(b)a penalty relinquishment.

302Requirements for making surrender application

(1)A surrender application must be—

(a)made to the Minister in the approved form; and

(b)accompanied by the fee prescribed under a regulation.

(2)A surrender application must also be accompanied by a report by the applicant about—

(a)the authorised activities for the geothermal tenure carried out on the area the subject of the application; and

(b)the results of the activities; and

(c)any other information prescribed under a regulation.

Maximum penalty for subsection (2)—150 penalty units.

303Deciding application

(1)The Minister may approve a surrender only if—

(a)up to the day the application was made, the holder had submitted all reports required to be submitted under this Act; and

(b)for a surrender of all of the area of the geothermal tenure—all of the relevant environmental authority has been cancelled or surrendered; and

(c)for a surrender of part of the area of the geothermal tenure—the relevant environmental authority has been amended or partially surrendered in a way that reflects the partial surrender of the tenure; and

(d)all geothermal wells in the geothermal tenure’s area have been decommissioned in the way required under section 200.

(2)In deciding whether to give the approval, the Minister must consider the extent to which the applicant has complied with the geothermal tenure’s conditions.

(3)If the application is for part of the area of the geothermal tenure, the surrender may be approved subject to the applicant’s written agreement to the Minister amending the conditions applying to the rest of the area of the tenure in a stated way the Minister considers appropriate.

304Notice and taking effect of decision

(1)If the Minister decides to approve a surrender, the Minister must give the applicant notice of the decision.

(2)The surrender takes effect on the day after the decision is made.

(3)If the Minister decides to refuse a surrender, the Minister must give the applicant an information notice about the decision.

305Power of authorised person to ensure compliance

(1)This section applies if the holder, or former holder, of a geothermal tenure has not complied with any of the following relating to land that was in the former tenure’s area (the primary land)—

(a)a requirement under section 200 or 361 relating to the land;

(b)a requirement under an environmental requirement under the Environmental Protection Act to conduct work on the land.

Editor’s note—

section 200 (Obligation to decommission) or 361 (Obligation to remove equipment and improvements)

(2)A person authorised (the authorised person) by the chief executive may, by complying with section 306, exercise the following powers (remedial powers)—

(a)enter the primary land and do all things necessary to ensure the requirement is complied with;

(b)enter any other land (secondary land) necessary or desirable to cross for access to the primary land.

(3)However, remedial powers do not include power to enter a structure or a part of a structure used for residential purposes without the consent of the occupier of the structure or part of the structure.

(4)The authorisation under subsection (2)—

(a)must be written; and

(b)may be given on conditions the chief executive considers appropriate.

306Requirements for entry to ensure compliance

(1)Remedial powers may be exercised for the primary or secondary land under section 305 only if a following person is given notice of the proposed entry at least 10 business days before the proposed entry—

(a)if the land has an occupier—any occupier of the land;

(b)if the land does not have an occupier—its owner.

(2)The notice must—

(a)identify the authorised person; and

(b)describe the land; and

(c)state—

(i)that the authorised person has under this section, been authorised to enter the land; and

(ii)the purpose of the entry; and

(iii)the period of the entry.

(3)The chief executive may approve the giving of the notice by publishing it in a stated way.

(4)The chief executive may give the approval only if satisfied the publication is reasonably likely to adequately inform the person to whom the notice is required to be given of the proposed entry.

(5)If the authorised person intends to enter the land and any occupier of the land is present at the land, the person also must show or make a reasonable attempt to show the occupier the person’s authorisation under this section.

307Duty to avoid damage in exercising remedial powers

In exercising remedial powers, a person must take all reasonable steps to ensure the person causes as little inconvenience, and does as little damage, as is practicable.

308Notice of damage because of exercise of remedial powers

(1)If a person exercising remedial powers damages land or something on it, the person must give the owner and any occupier of the land notice of the damage.

(2)If for any reason it is not practicable to comply with subsection (1), the person must—

(a)leave the notice at the place where the damage happened; and

(b)ensure it is left in a conspicuous place and in a reasonably secure way.

(3)The notice must state—

(a)particulars of the damage; and

(b)that the owner or occupier may claim compensation under section 309 from the State.

309Compensation for exercise of remedial powers

(1)This section applies if an owner or occupier of land (the claimant) suffers a cost, damage or loss because of the exercise or purported exercise of remedial powers.

(2)Compensation is payable to the claimant by the State for the cost, damage or loss.

(3)The compensation may be claimed and ordered in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.

(4)The court may order the compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.

310Ownership of thing removed in exercise of remedial powers

(1)This section applies if—

(a)remedial powers are exercised for land; and

(b)in the exercise of the powers a thing is removed from the land; and

(c)immediately before the removal, the thing was the property of—

(i)the holder or former holder of a geothermal tenure about whom the powers were exercised; or

(ii)an agent of or contractor for the holder.

(2)On the removal, the thing becomes the property of the State.

(3)The State may deal with the thing as it considers appropriate, including, for example, by destroying it or giving it away.

(4)The chief executive may deal with the thing for the State.

(5)If the State sells the thing, the State may, after deducting the costs of the sale, return the net proceeds of the sale to the former owner of the thing.

311Recovery of costs of and compensation for exercise of remedial power

(1)The State may recover from the responsible person as a debt any—

(a)reasonable costs the State or an authorised person under section 305 incurs in exercising a remedial power; and

(b)compensation payable by the State under section 309 for the exercise of the remedial power.

(2)However, in any proceeding to recover the costs, any relevant net proceeds of sale mentioned in section 310 must be deducted from the amount claimed for the costs.

(3)In this section—

relevant net proceeds of sale means the net proceeds of sale under which the thing sold was the property of the responsible person immediately before its removal under section 310.

responsible person means the holder or former holder of the geothermal tenure about whom the remedial powers were exercised.

312Application of pt 1

(1)This part applies if an authorised officer is given a conference election notice by a geothermal tenure holder or an eligible claimant asking for a conference.

(2)This part also applies if—

(a)an owner or occupier of land who is concerned about any of the following gives an authorised officer notice of the concerns—

(i)that someone claiming to act under a geothermal tenure, or to have entered land on the tenure holder’s instructions—

(A)is not authorised to be on the land; or

(B)is not complying with a provision of this Act or a condition of the geothermal tenure;

(ii)activities being, or proposed to be, carried out on the land apparently under a geothermal tenure (including when the activities are being, or are to be, carried out);

(iii)the conduct on the land of someone apparently acting under a geothermal tenure; or

(b)a geothermal tenure holder who is concerned about something relevant to the tenure involving the holder and the owner or occupier of land gives an authorised officer notice of the concerns; or

(c)for another reason, an authorised officer considers it desirable to call a conference to discuss concerns about a geothermal tenure.

s 312 amd 2018 No. 24 s 10

313Calling conference

(1)If this part applies because of the giving of a conference election notice, the authorised officer must, by notice, ask the geothermal tenure holder and the eligible claimant (the parties) to attend a conference by the authorised officer.

(2)If this part applies under section 312(2), the authorised officer may, by notice, ask the geothermal tenure holder and the owner or occupier or other person with an interest in the concerns (also the parties) to attend a conference by the authorised officer about the concerns.

(3)The notice must state when and where the conference will be held and what is to be discussed at the conference.

s 313 amd 2018 No. 24 s 11

314Who may attend conference

(1)Apart from the authorised officer, anyone given notice of the conference may attend and take part in the conference.

(2)Also, with the authorised officer’s approval, someone else may be present to help a person attending the conference.

(3)However, a party can not be represented by a lawyer unless the parties agree and the authorised officer is satisfied there is no disadvantage to a party.

315What happens if a party does not attend

(1)This section applies if a party given notice of a conference under section 313(2) does not attend.

(2)The authorised officer may hold the conference even though someone given notice of it does not attend.

(3)A party who attended the conference may apply to the Land Court for an order requiring the party who did not attend to pay the attending party’s reasonable costs of attending.

(4)The Land Court must not order the party who did not attend to pay costs if it is satisfied the party had a reasonable excuse for not attending.

(5)If the Land Court makes the order, it must decide the amount of the costs.

s 315 amd 2014 No. 47 s 299; 2018 No. 24 s 12

316Authorised officer’s role

(1)In conducting the conference, the authorised officer must endeavour to help those attending to reach an early and inexpensive settlement of the subject of the conference.

(2)Subject to the Common Provisions Act, section 83B, the authorised officer is to decide how the conference is to be conducted.

s 316 amd 2014 No. 47 s 300; 2018 No. 24 s 13

317Statements made at conference

Nothing said by a person at the conference is admissible in evidence in a proceeding without the person’s consent.

318Agreement made at conference

If, at the conference, the parties negotiate an agreement about the concerns the subject of the conference, the agreement must be written and signed by or for the parties.

s 318 amd 2018 No. 24 s 14

319Operation of div 1

(1)This division provides a process for noncompliance action against a geothermal tenure holder.

(2)The power to take noncompliance action under this part does not limit a power as follows (the other power)—

(a)the power under chapter 6, part 4 to require new or additional security;

(b)a power under another provision of this Act to amend the geothermal tenure;

(c)the power under the P&G Act to give compliance direction.

(3)The other power does not limit the power to take noncompliance action.

(4)Noncompliance action may be taken when the other power is exercised.

Note—

The P&G Act, chapter 10 includes provisions about investigating geothermal activities and for the giving of compliance and dangerous situation directions as defined under that Act concerning those activities.

320Types of noncompliance action that may be taken

(1)The noncompliance action the Minister may take under this division is all or any of the following—

(a)amending the geothermal tenure by doing all or any of the following—

(i)reducing its term;

(ii)reducing its area;

Example of a possible reduction—

A geothermal permit holder has not, in contravention of section 117, carried out work required under the work program for the permit. Noncompliance action may include amending the permit to reduce its area to reflect the work not carried out.

(iii)amending a condition of the geothermal tenure;

(iv)imposing a new condition;

(b)requiring the holder of the geothermal tenure to relinquish a stated part of its area on or before a stated time;

(c)cancelling the geothermal tenure, immediately or on a stated day;

(d)withdrawing from a stated day, the approval of the work program or development plan for the tenure and directing its holder to, on or before that day, give the Minister the following document so the Minister may decide whether to approve the document—

(i)for a geothermal permit—a proposed later work program complying with the later work program requirements;

(ii)for a geothermal lease—a proposed later development plan complying with the later development plan requirements;

(e)requiring the geothermal tenure holder to pay the State a penalty of an amount no more than the monetary value of 2000 penalty units.

(2)However, a requirement under subsection (1)(e) may be made only if the holder has agreed to the requirement being made instead of the taking of other noncompliance action under subsection (1).

(3)A condition or amendment under subsection (1) may restrict the authorised activities for the geothermal tenure.

(4)If, under subsection (1)(c), the geothermal tenure is cancelled on a stated day, a condition may be imposed under subsection (1)(a) restricting the authorised activities for the tenure until the cancellation.

(5)Noncompliance action may be taken despite the mandatory conditions for the geothermal tenure.

321When noncompliance action may be taken

(1)Noncompliance action may be taken if—

(a)an event mentioned in subsection (2) or (3) has happened; and

(b)the procedure under division 3 for taking the action has been followed; and

(c)the geothermal tenure for which the noncompliance action is taken relates to the event for which the action is taken.

(2)For subsection (1), the event is that the holder—

(a)obtained the geothermal tenure because of a materially false or misleading representation or declaration made orally or in writing; or

(b)has failed to comply with this Act, a direction given under this Act or the geothermal tenure; or

(c)did not pay an amount under this Act by the day it became owing; or

(d)has used any land in the geothermal tenure’s area for an activity that—

(i)is not an authorised activity for the geothermal tenure or that, under any of the following Acts can not be carried out on the land—

(A)the GHG storage Act, chapter 4, part 6;

(B)the Mineral Resources Act, chapter 9;

(C)the P&G Act, chapter 3A;

(D)the 1923 Act, part 6FA; and

(ii)the holder can not otherwise lawfully carry out; or

(e)has used the geothermal tenure for a purpose other than for a purpose for which it was granted; or

(f)has carried out or purported to carry out work under the geothermal tenure for which the tenure was not granted.

(3)Also, it is an event for subsection (1) if the holder is not, or has ceased to be, an eligible person.

s 321 amd 2012 No. 20 s 323 sch 3

322Notice of proposed noncompliance action

(1)The Minister must give the geothermal tenure holder a notice stating the following—

(a)that the Minister proposes to take noncompliance action against the holder;

(b)the types of noncompliance action that may be taken against the holder and the type likely to be taken;

(c)the grounds for taking noncompliance action against the holder;

(d)the facts and circumstances that are the basis for the grounds;

(e)that the holder may, within a stated period, make submissions to the Minister about the proposal to take noncompliance action.

(2)The notice may state—

(a)if the noncompliance action is likely to include amending the geothermal tenure—the likely amendment; and

(b)the amount of any likely reduction of the tenure’s area.

323Considering submissions

(1)The Minister must consider any submissions made by the holder within the period stated in the notice given under section 322.

(2)If the Minister decides not to take noncompliance action, the Minister must, as soon as practicable, give the holder notice of the decision.

324Decision on proposed noncompliance action

(1)If, after complying with section 323, the Minister still believes a ground exists to take noncompliance action, the Minister may decide to take noncompliance action for the geothermal tenure relating to a ground stated in the notice given under section 322.

(2)The Minister must, in deciding whether to take the action, have regard to whether the holder is a suitable person to hold or continue to hold the geothermal tenure.

(3)In considering whether the holder is a suitable person to hold or to continue to hold the geothermal tenure, the Minister must consider the criteria under the following for granting that type of geothermal tenure, to the extent the criteria are relevant—

(a)for a geothermal permit—sections 39 and 41;

(b)for a geothermal lease—section 91.

325Notice and taking effect of decision

(1)The Minister must, after making a decision under section 324, give an information notice about the decision to—

(a)the geothermal tenure holder; and

(b)any other person who holds an interest in the geothermal tenure recorded in the register.

(2)Generally, the decision takes effect on the later of the following—

(a)the day the holder is given the information notice;

(b)a later day of effect stated in the notice.

(3)However, if the decision was to cancel the geothermal tenure the decision takes effect at the end of the appeal period for the decision.

(4)Subsection (3) applies subject to section 338 and any decision of the Land Court under section 340 relating to the decision to refuse.

s 325 amd 2014 No. 47 s 307

326Consequence of failure to comply with relinquishment requirement

(1)This section applies if—

(a)noncompliance action taken is a requirement under section 320(1)(b) of a geothermal tenure holder; and

(b)the requirement is not complied with.

(2)The Minister must give the holder a notice requiring the holder to comply with the requirement under section 320(1)(b) within 20 business days after the giving of the notice.

(3)If the holder does not comply with the requirement under the notice, the geothermal tenure is cancelled.

(4)However, the cancellation does not take effect until the Minister gives the holder a notice stating that the geothermal tenure has been cancelled because of the operation of subsection (3).

327Restriction on carrying out geothermal activities

A person must not carry out a geothermal activity in relation to land unless—

(a)the activity is carried out under a geothermal tenure or a direction under this Act; or

(b)the carrying out of the activity is necessary to preserve life or property because of a dangerous situation or emergency that exists or may exist; or

(c)the person—

(i)is carrying out the activity for the State; and

(ii)has, under section 375, been authorised for that purpose; and

(iii)is acting within the scope of that authority; or

(d)the activity is exempt heat pump production or the installation of a geothermal heat pump for exempt heat pump production; or

(e)the activity is geothermal production and it is not of a large-scale; or

(f)the activity is geothermal exploration for exempt heat pump production.

Maximum penalty—2000 penalty units.

Note—

1Other legislation may regulate geothermal production that is not of a large-scale and activities relating to geothermal heat pumps. See the Planning Act 2016 and the Plumbing and Drainage Act 2002.

2If a corporation commits an offence against this provision, an executive officer of the corporation may commit an offence against section 333.

s 327 amd 2013 No. 51 s 229 sch 1; 2016 No. 27 s 263

328Defence if geothermal activity is for GHG storage injection

(1)This section applies to a geothermal activity consisting of the injection into an underground reservoir of a GHG stream.

(2)It is a defence to a proceeding for an offence against section 327 for the defendant to prove the injection—

(a)was for the purpose of GHG storage injection testing or GHG stream storage as defined under the GHG storage Act; and

(b)was authorised under that Act.

329Geothermal tenure holder’s measurement obligations

A geothermal tenure holder must—

(a)ensure geothermal energy produced from the geothermal tenure’s area is measured; and

(b)give the chief executive details of the measurement at the times and in the way prescribed under a regulation.

Maximum penalty—500 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 333A, to have also committed the offence.

s 329 amd 2013 No. 51 s 229 sch 1

330Duty to avoid interference in carrying out geothermal activities

A person who carries out an authorised activity for a geothermal tenure must carry out the activity in a way that does not unreasonably interfere with anyone else carrying out a lawful activity.

Maximum penalty—500 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 333A, to have also committed the offence.

s 330 amd 2013 No. 51 s 229 sch 1

331Obstruction of geothermal tenure holder

(1)A person must not, without reasonable excuse, obstruct a geothermal tenure holder from—

(a)entering or crossing land to carry out an authorised activity for the geothermal tenure if the Common Provisions Act, chapter 3 to the extent the chapter is relevant, has been complied with for the entry; or

(b)carrying out an authorised activity for the geothermal tenure on the land.

Maximum penalty—500 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 333A, to have also committed the offence.

(2)If a person has obstructed a geothermal tenure holder from carrying out an activity mentioned in subsection (1) and the holder decides to proceed with the carrying out of the activity, the holder must warn the person that—

(a)it is an offence to obstruct the holder unless the person has a reasonable excuse; and

(b)the holder considers the person’s conduct is an obstruction.

(3)In this section—

obstruct includes assault, hinder, resist and attempt or threaten to assault, hinder or resist.

s 331 amd 2013 No. 51 s 229 sch 1; 2014 No. 47 s 301

332False or misleading information

(1)A person must not make an entry in a document required to be kept under this Act knowing the entry is false or misleading in a material particular.

Maximum penalty—500 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 333A, to have also committed the offence.

(2)A person of whom a direction or requirement under this Act has been made must not state anything or give a document or thing in response to the direction or requirement that the person knows is false or misleading in a material particular.

Maximum penalty—500 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 333A, to have also committed the offence.

s 332 amd 2013 No. 51 s 229 sch 1

333Liability of executive officer—offence committed by corporation against s 327

(1)An executive officer of a corporation commits an offence if—

(a)the corporation commits an offence against section 327; and

(b)the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.

Maximum penalty—the penalty for a contravention of section 327 by an individual.

(2)In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must have regard to—

(a)whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against section 327; and

(b)whether the officer was in a position to influence the corporation’s conduct in relation to the offence against section 327; and

(c)any other relevant matter.

(3)The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against section 327.

(4)This section does not affect—

(a)the liability of the corporation for the offence against section 327; or

(b)the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against section 327.

s 333 sub 2013 No. 51 s 58

333AExecutive officer may be taken to have committed offence

(1)If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if—

(a)the officer authorised or permitted the corporation’s conduct constituting the offence; or

(b)the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.

(2)The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.

(3)This section does not affect either of the following—

(a)the liability of the corporation for the offence against the deemed executive liability provision;

(b)the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.

(4)In this section—

deemed executive liability provision means—

(a)any of the following provisions—

•section 198

•section 200(1)

•section 329

•section 330

•section 331(1)

•section 332(1)

•section 332(2); or

(b)the Common Provisions Act, section 59.

s 333A ins 2013 No. 51 s 58

amd 2014 No. 47 s 302

334Attempts to commit offences

(1)A person who attempts to commit an offence against this Act commits an offence.

Maximum penalty for an attempt—half the maximum penalty for the completed offence.

(2)The Criminal Code, section 4 applies to subsection (1).

335Who may appeal

(1)A person whose interests are affected by a decision identified in schedule 1 may appeal against the decision to the Land Court.

(2)For this section, a person who has been given or is entitled to be given an information notice about a decision is taken to be a person whose interests are affected by the decision.

336Period to appeal

(1)The appeal must be started within 20 business days after—

(a)if the person has been given an information notice about the decision—the day the person is given the notice; or

(b)if paragraph (a) does not apply—the day the person otherwise becomes aware of the decision.

(2)However, the Land Court may at any time within the 20 business days extend the period for making an appeal.

337Starting appeal

(1)The appeal is started by filing a written notice of appeal with the Land Court.

(2)The appellant must give the chief executive a copy of the notice.

338Stay of operation of decision

(1)The Land Court may grant a stay of the decision to secure the effectiveness of the appeal.

(2)A stay—

(a)may be given on the conditions the Land Court considers appropriate; and

(b)operates for the period fixed by the Land Court; and

(c)may be amended or cancelled by the Land Court.

(3)The period of a stay under this section must not extend past the time when the Land Court decides the appeal.

(4)The appeal affects the decision or carrying out of the decision only if it is stayed.

339Hearing procedures

(1)In deciding an appeal, the Land Court—

(a)has the same powers as the Minister; and

(b)is not bound by the rules of evidence; and

(c)must comply with natural justice; and

(d)may hear the appeal in court or in chambers.

(2)An appeal is by way of rehearing unaffected by the decision.

(3)Subject to subsections (1) and (2), the procedure for the appeal is—

(a)in accordance with the rules for the Land Court; or

(b)in the absence of relevant rules, as directed by the Land Court.

(4)A power under an Act to make rules for the Land Court includes power to make rules for appeals under this part.

340Land Court’s powers on appeal

(1)Subject to section 341, in deciding an appeal, the Land Court may—

(a)confirm the decision; or

(b)set aside the decision and substitute another decision; or

(c)set aside the decision and return the issue to the Minister with the directions the court considers appropriate.

(2)If the Land Court substitutes another decision, the substituted decision is for this Act other than this part taken to be the decision of the Minister.

341Restriction on Land Court’s powers for decision not to grant geothermal lease

(1)This section applies if the Land Court is deciding an appeal against a decision not to grant a geothermal lease.

(2)The Land Court can not exercise a power mentioned in section 340(1)(b) or (c) in relation to the decision on the ground that any resource management decision for the application for the geothermal lease was to give overlapping authority priority, in whole or part.

342Application of div 1

This division applies to a proceeding under or in relation to this Act.

343Authority

The power of the Minister, chief executive or an auditor appointed for the geothermal royalty to do anything under this Act must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it.

344Signatures

A signature purporting to be the signature of the Minister or the chief executive is evidence of the signature it purports to be.

345Other evidentiary aids

A certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter—

(a)that a stated document of any of the following types is a document given, issued, kept or made under this Act—

(i)an appointment, approval or decision;

(ii)a direction, notice or requirement;

(iii)a geothermal tenure;

(v)a report;

(vi)another record;

(aa)that a stated document is a register kept under the Common Provisions Act;

(b)that a stated document is another document kept under this Act;

(c)that a stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a) or (b);

(d)that on a stated day—

(i)a stated person was given a stated decision, direction or notice under this Act; or

(ii)a stated requirement under this Act was made of a stated person;

(e)that on a stated day or during a stated period a geothermal tenure—

(i)was or was not in force; or

(ii)was or was not subject to a stated condition; or

(iii)was or was not cancelled;

(f)that a stated amount is payable under this Act by a stated person and has not been paid;

(g)that a stated address for a geothermal tenure holder is the last address of the holder known to the Minister or the chief executive.

s 345 amd 2014 No. 47 s 308

346Offences under Act are summary

(1)An offence against this Act is a summary offence.

(2)A proceeding for an offence against this Act must start within the later of the following periods to end—

(a)1 year after the commission of the offence;

(b)6 months after the offence comes to the complainant’s knowledge but within 2 years after the commission of the offence.

347Statement of complainant’s knowledge

In a complaint starting a proceeding for an offence against this Act, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence the matter came to the complainant’s knowledge on that day.

348Conduct of representatives

(1)This section applies to a proceeding for an offence against this Act if it is relevant to prove a person’s state of mind about particular conduct.

(2)It is enough to show—

(a)the conduct was engaged in by a representative of the person within the scope of the representative’s actual or apparent authority; and

(b)the representative had the state of mind.

(3)Conduct engaged in for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been engaged in also by the person unless the person proves—

(a)if the person was in a position to influence the representative in relation to the conduct—the person took reasonable steps to prevent the conduct; or

(b)the person was not in a position to influence the representative in relation to the conduct.

(4)In this section—

engaging, in conduct, includes failing to engage in conduct.

representative means—

(a)for a corporation—an agent, employee or executive officer of the corporation; or

(b)for an individual—an agent or employee of the individual.

state of mind, of a person, includes the person’s—

(a)belief, intention, knowledge, opinion or purpose; and

(b)reasons for the belief, intention, opinion or purpose.

349Additional orders that may be made on conviction

(1)If a court convicts a person for an offence against this Act, it may—

(a)order the forfeiture to the State of—

(i)anything used to commit the offence; or

(ii)anything else the subject of the offence; and

(b)make any order to enforce the forfeiture it considers appropriate; and

(c)order the person to pay the State the amount of costs it incurred for remedial work that was necessary or desirable because of the commission of the offence.

(2)Forfeiture of a thing may be ordered—

(a)whether or not it has been seized under this Act; and

(b)if it has been seized under this Act, whether or not it has been returned to its owner.

350Geothermal tenure does not create an interest in land

The granting of a geothermal tenure does not create an interest in any land.

350AExtinguishing geothermal interests on the taking of land in a geothermal tenure’s area (other than by an easement)

(1)This section applies to the taking of land, other than by taking or otherwise creating an easement, under a resumption law.

(2)Despite any other Act, the taking of land does not extinguish geothermal interests other than to the extent, if any, provided for in the resumption notice for the taking of the land.

(3)The resumption notice for the taking of land may provide for the extinguishment of a geothermal interest on the taking only to the extent the relevant Minister for the taking is satisfied the interest is incompatible with the purpose for which the land is taken.

(4)Without limiting the application of subsection (3), the relevant Minister may be satisfied a geothermal interest is incompatible with the purpose for which the land is taken if, for that purpose, it is necessary to extinguish all interests in the land, including native title rights and interests.

(5)A geothermal interest may be—

(a)wholly extinguished; or

(b)partially extinguished by—

(i)excluding land from the land the subject of the interest; or

(ii)prohibiting the carrying out of activities by the holder of the interest.

(6)The resumption notice for the taking of land may provide for the extinguishment of geothermal interests by reference to either or both of the following—

(a)stated land, which—

(i)may be all or part of the land that is taken; and

(ii)if the stated land is only part of the land that is taken—may be described in the resumption notice in any way, including, for example—

(A)as a shape that does not constitute a block or sub-block; or

(B)by using 3 dimensionally located points to identify the position, shape and dimensions of each boundary;

(b)stated geothermal interests, which may be all geothermal interests or geothermal interests of a particular type.

(7)For the taking of land for which geothermal interests are extinguished as provided by this section—

(a)each person’s interest in an extinguished geothermal interest is converted into a right to claim compensation under the resumption law; and

(b)the resumption law applies with necessary and convenient changes and with the changes mentioned in subsections (8) and (9) and section 350D.

(8)The notice of intention to resume for the proposed taking of the land must state the extent to which the geothermal interests are proposed to be extinguished.

(9)The entity taking the land must give the chief executive a notice that—

(a)states the details of the extinguishment; and

(b)asks for the extinguishment to be recorded in the register; and

(c)is accompanied by a certified copy of the resumption notice.

(10)In this section—

certified copy, of the resumption notice, means a copy of the original of the notice that has been certified by a justice of the peace as being a correct copy of the original notice.

relevant Minister, for the taking of land under a resumption law, means—

(a)if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the Minister to whom the application that the land be taken is made under section 9 of that Act; or

(b)otherwise—the Minister administering the resumption law under which the land is, or is to be, taken.

s 350A ins 2012 No. 20 s 21

amd 2014 No. 47 s 309