Geothermal Energy Act 2010 (Qld)

Geothermal Energy Act 2010

An Act to enable and facilitate the production of geothermal energy

Chapter 1    Preliminary

Part 1    Introduction

1   Short title

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

2   Commencement

(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.

Part 2    Purposes and application of Act

3   Purposes 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.

4   Facilitation 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.

5   Act 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.

6   Application 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.

7   Relationship 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)

8   Relationship 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.

8AA   Relationship with Common Provisions Act

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

8A   Declaration for Commonwealth Act

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

9   Act 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.

Part 3    Interpretation

Division 1 Dictionary

10   Definitions

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

Division 2 Key definitions

Subdivision 1 Key concepts

11   What is geothermal energy

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

12   What 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

13   What 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.

14   What 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.

15   What 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.

16   References 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.

17   What is production testing

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

18   What 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.

Subdivision 2 Definitions relating to authorities under Act

19   Types 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.

20   What 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.

21   References 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.

22   What 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(2).

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.

Subdivision 3 Other key definitions

23   Who 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.

24   What 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.

25   What 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.

26   [Repealed]

27   What 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.

Part 4    State ownership of geothermal energy

28   State 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.

29   Reservation 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.

Chapter 2    Geothermal exploration permits

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.

Part 1    Key authorised activities

30   Operation 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.

31   Principal 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.

32   Incidental 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.

Part 2    Obtaining geothermal permit

Division 1 Restricted areas

33   Minister’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.

34   Amendment 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.

Division 2 Applying for geothermal permit

35   Who 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.

36   Requirements 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.

36A    Rejection of application if applicant disqualified

(1)The Minister must reject an application for a geothermal permit if the Minister decides the applicant is disqualified under the Common Provisions Act, chapter 7 from being granted the geothermal permit.

(2)On rejection of the application, the Minister must give the applicant a notice about the decision.

Division 3 Deciding application

37   Restriction 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).

38   Effect 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).

39   Deciding 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.

40   Provisions 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.

41   Criteria 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.

42   Notice 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.

Division 4 Priority for deciding competing geothermal permit applications

43   Priority 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.

Part 3    Work programs

Division 1 Function and purpose

44   Function 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.

Division 2 Requirements for proposed initial work programs

45   Operation of div 2

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

46   Program 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.

47   General 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.

48   Water 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).

Division 3 Approval of proposed initial work programs

Note—

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

49   Criteria

(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.

50   Verification 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.

Division 4 Requirements for proposed later work programs

51   Operation 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.

52   General 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.

53   Program period

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

54   Implementation 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.

Division 5 Approval of proposed later work programs

55   Application 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.

56   Geothermal 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.

57   Deciding 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.

58   Steps 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.

Division 6 Amending work programs

59   Restrictions 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.

60   Applying 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.

61   Verification

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.

62   Deciding 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.

63   Steps 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.

Part 4    Potential geothermal commercial areas

64   Purpose 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.

65   Applying 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.

66   Deciding 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.

67   Inclusion 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.

68   Term 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.

69   Potential 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.

70   Effect 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.

Part 5    Provisions to facilitate transition to geothermal lease

71   Application 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.

72   Ministerial 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.

73   Taking 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.

Chapter 3    Geothermal production leases

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.

Part 1    Key authorised activities

74   Operation 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.

75   Principal 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.

76   Incidental 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

Part 2    Transition from geothermal permit to geothermal lease

Division 1 Applying for geothermal lease

77   Who 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.

78   Requirements 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.

78A    Rejection of application if applicant disqualified

(1)The Minister must reject an application for a geothermal lease if the Minister decides the applicant is disqualified under the Common Provisions Act, chapter 7 from being granted the geothermal lease.

(2)On rejection of the application, the Minister must give the applicant a notice about the decision.

79   Continuing 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.

Division 2 Deciding application

80   Deciding 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.

81   Requirements 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.

82   Provisions 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.

83   Provisions 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.

84   Information 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.

85   When 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.

Part 3    Development plans

Division 1 Function and purpose

86   Function 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.

Division 2 Requirements for proposed initial development plans

87   Operation of div 2

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

88   Plan 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.

89   General 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.

90   Water 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).

Division 3 Approval of proposed initial development plans

Note—

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

91   Criteria

(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.

92   Verification 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.

Division 4 Requirements for proposed later development plans

93   Operation 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.

94   General 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.

Division 5 Approval of proposed later development plans

95   Application 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.

96   Geothermal 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.

97   Deciding 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.

98   Steps 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.

Division 6 Amending development plans

99   Restrictions 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.

100   Applying 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.

101   Verification

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.

102   Deciding 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.

103   Steps 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.

Part 4    Royalty on geothermal production

104   Imposition 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.

105   Regulation 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.

106   Obligation 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.

107   Confidentiality

(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.

108   Refusal 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.

Chapter 4    General mandatory conditions for geothermal tenures

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).

Part 1    Geothermal permits

Division 1 Standard relinquishment condition and related provisions

109   Standard 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.

110   Consequence 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.

111   Part 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.

112   Relinquishment 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.

113   Blocks 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.

114   Adjustments 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.

115   Adjustment 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.

Division 2 Conditions relating to work programs

116   Requirement to have work program

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

117   Compliance with activities in work program

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

118   Obligation 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.

119   Consequence 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).

Division 3 Conditions relating to production testing

120   Compliance 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.

121   Requirement 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.

Part 2    Geothermal leases

122   Obligation 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.

123   Requirement to have development plan

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

124   Compliance with development plan

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

125   Obligation 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.

126   Consequence 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).

126A    Local government rates and charges

A geothermal lease holder must pay all rates and charges payable to the local government in whose area the lease is situated.

Part 3    All geothermal tenures

127   Water 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.

128   Obligation 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.

129   Compliance 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.

130   Annual 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.

131   Civil 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).

132   Obligation 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.

133   Obligation 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.

133A    Power to impose or amend condition if changed holder of geothermal tenure

(1)This section applies if 1 of the following changes happens—

(a)an entity starts or stops controlling the holder of a geothermal tenure under the Corporations Act, section 50AA;

(b)the holder of a geothermal tenure starts or stops being a subsidiary of a corporation under the Corporations Act, section 46.

(2)The Minister may consider whether, after the change, the holder of the geothermal tenure has the financial and technical resources to comply with the conditions of the geothermal tenure.

(6)The work program for the converted permit is the proposed work program included in the tender for the old permit made under section 21 of the 2004 Act.

400   Outstanding tenders under 2004 Act

(1)This section applies to a tender for a proposed 2004 Act permit made but not decided before the 2010 Act start day.

(2)On the 2010 Act start day, the tender becomes an application for a 2010 Act permit.

(3)The tender is taken to comply with the requirements under this Act for making the application.

(4)To remove any doubt, subsection (2) does not prevent the application of sections 92 and 365 to the application.

401   Other undecided applications

(1)An application under the 2004 Act about a 2004 Act permit becomes an application for any corresponding matter under this Act.

(2)The application is taken to comply with the requirements under this Act for making an application of that type under this Act.

(3)To remove any doubt, subsection (2) does not prevent the application of section 365 to the application.

402   Decisions or documents under 2004 Act

(1)This section applies to a decision or document under the 2004 Act in force immediately before the 2010 Act start day about a matter under that Act.

(2)On the 2010 Act start day, the decision or document is taken to have been given under this Act about any corresponding matter under this Act.

(3)However, subsection (2) does not change the time when the decision or document was given or made.

403   Outstanding appeals

If, immediately before the 2010 Act start day, an appeal about a matter under the 2004 Act had not been decided, on the 2010 Act start day the appeal is taken to be an appeal about any corresponding matter under this Act.

Part 3    Transitional provisions for Mines Legislation (Streamlining) Amendment Act 2012

Division 1 Preliminary

404   Definitions for pt 3

In this part—

amending Act means the Mines Legislation (Streamlining) Amendment Act 2012.

commencement means the commencement of the section in which the term is used.

former, in relation to a provision, means the provision as in force before the commencement of the section in which the term is used.

Division 2 Transitional provisions for amendments in amending Act commencing on assent

405   Land in a geothermal tenure’s area taken before the commencement

(1)This section applies if—

(a)land in a geothermal tenure’s area was taken under a resumption law before the commencement; and

(b)at the commencement, the entity taking the land has not taken action indicating the geothermal tenure was extinguished (wholly or partly) when the land was taken.

Examples of action for paragraph (b)—

•serving a copy of the resumption notice for the taking of the land on the geothermal tenure holder (in the holder’s capacity as the holder of the tenure)

•entering into a resumption agreement under the ALA with the geothermal tenure holder for the taking of the land

•negotiating, or taking other action relating to, the compensation payable to the geothermal tenure holder for the taking of the land

•paying compensation to the geothermal tenure holder for the taking of the land

•arranging for the taking of the land to be recorded in the geothermal register against the geothermal tenure

(2)The taking of the land did not extinguish (wholly or partly) the geothermal tenure or any other geothermal interest relating to the tenure.

(3)Subsection (2) does not affect the ending of a geothermal interest (wholly or partly) in any other way, including, for example—

(a)by the entity taking the land acquiring the geothermal interest (wholly or partly) under a separate commercial agreement or other arrangement with the holder of the interest; or

(b)by the geothermal interest holder surrendering the interest (wholly or partly) under this Act.

406   Land in a geothermal tenure’s area for which notice of intention to resume given before the commencement

(1)This section applies if—

(a)before the commencement, an entity gave a notice of intention to resume for the proposed taking, under a resumption law, of land in a geothermal tenure’s area; and

(b)at the commencement, the land had not been taken under the resumption law.

(2)If the land is taken other than by taking or otherwise creating an easement, sections 350A to 350D apply in relation to the taking, except that the resumption notice for the taking may provide for the extinguishment of a geothermal interest on the taking even if the notice of intention to resume does not comply with section 350A(8).

(3)If the land is taken by taking or otherwise creating an easement, section 350D applies in relation to the taking.

Division 3 Transitional provisions for amendments in amending Act commencing by proclamation

407   Undecided applications for approval of particular dealing

(1)This section applies to an application for approval of a third party transfer or sublease—

(a)made, before the commencement, under former chapter 6, part 11, division 3; and

(b)not decided before the commencement.

(2)The Minister may continue to deal with the application under former chapter 6, part 11, division 3 as if the division had not been repealed under the amending Act.

(3)In this section—

third party transfer has the meaning given by former section 280.

408   Deciding applications for approval of assessable transfers until commencement of particular provisions

(1)This section applies until the commencement of the Environmental Protection Act 1994, chapter 5A, part 4 as inserted by the Environmental Protection (Greentape Reduction) and Other Legislation Amendment Act 2012.

(2)Former section 287(2)(a)(ii) continues in force instead of section 286(4)(a)(ii) and (iii), as inserted by the amending Act, for deciding whether to give an approval of an assessable transfer.

409   Uncommenced appeals about refusal to approve particular dealing

(1)This section applies to a person if—

(a)before the commencement, the person could appeal to the Land Court under section 335 in relation to a refusal to approve and register a third party transfer or sublease under former section 287; but

(b)the person had not started the appeal before the commencement.

(2)Despite the amendment of schedule 1 by the amending Act, the person continues to be a person who may start an appeal under section 335, subject to sections 336 and 337.

410   Unfinished appeals about refusal to approve particular dealing

(1)This section applies if, before the commencement—

(a)a person started an appeal under section 337 in relation to a refusal to approve and register a third party transfer or sublease under former section 287; and

(b)the Land Court had not yet decided the appeal.

(2)The Land Court may continue, under chapter 7, part 4, to grant a stay of the decision being appealed, and hear and decide the appeal.

Part 4    Transitional provision for Mineral and Energy Resources (Common Provisions) Act 2014

411   Continued appeal right for particular decisions

(1)A person who, before the commencement of this section, may have appealed against a relevant decision to the Land Court under section 335(1), may still appeal against the decision, in compliance with chapter 7, part 4, despite the amendment of schedule 1.

(2)In this section—

previous, for a section of this Act, means the section as in force immediately before the repeal of the section under the Common Provisions Act.

relevant decision means any of the following—

(a)a decision to give a road use direction under previous section 237;

(b)the imposition of a condition on entry on public land under previous section 242, other than a condition agreed to or requested by the geothermal tenure holder;

(c)a refusal to approve an assessable transfer under previous section 286.

412   Existing practice manuals

(1)A practice manual kept under former section 383 continues in effect until the chief executive makes a manual available under the Common Provisions Act, section 202(4)(b).

(2)In this section—

former section 383 means section 383 as in force immediately before the commencement of this section.

Part 5    Transitional provision for Natural Resources and Other Legislation Amendment Act 2019

413   Existing conduct and compensation agreements

(1)This section applies if a conduct and compensation agreement relating to a resource authority under this Act—

(a)was in effect immediately before the commencement; and

(b)applied in relation to an authorised activity that was an advanced activity, or preliminary activity, under the repealed provisions.

(2)For any matter relating to the conduct and compensation agreement—

(a)if the authorised activity was an advanced activity under the repealed provisions—the authorised activity is taken to be an advanced activity under the Mineral and Energy Resources (Common Provisions) Act 2014; and

(b)if the authorised activity was a preliminary activity under the repealed provisions—the authorised activity is taken to be a preliminary activity under the Mineral and Energy Resources (Common Provisions) Act 2014; and

(c)the new provisions do not apply.

(3)In this section—

new provisions means the Mineral and Energy Resources (Common Provisions) Act 2014, sections 15A and 15B.

repealed provisions means schedule 2, definitions advanced activity and preliminary activity as in force immediately before the commencement.

Part 6    Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2020

414    Power to impose or amend condition if changed holder of geothermal tenure

The power of the Minister to impose another condition on, or amend a condition of, a geothermal tenure under section 133A applies—

(a)whether the tenure was granted before or after the commencement; and

(b)only if the change mentioned in section 133A(1) happens after the commencement.

415   Conferences with eligible claimants or owners or occupiers started before commencement

(1)This section applies if—

(a)an authorised officer asked parties to attend a conference under section 313 as in force before the commencement; and

(b)immediately before the commencement the conference had not taken place.

(2)The conference must take place under chapter 7, part 1 as in force immediately before the commencement.

(3)The Common Provisions Act, chapter 3, part 8 does not apply in relation to the conference.

Part 7    Transitional provision for Coal Mining Safety and Health and Other Legislation Amendment Act 2022

416    Application of new s 320 to noncompliance action

(1)New section 320 applies in relation to noncompliance action if the event mentioned in section 321(2) or (3) for which the action is taken happens after the commencement.

(2)In this section—

new section 320 means section 320 as in force from the commencement.

Part 8    Transitional provision for Land and Other Legislation Amendment Act 2024

417   Undecided applications for renewal of geothermal leases

(1)New section 294(5)(b) applies to an application for the renewal of a geothermal lease made but not decided before the commencement.

(2)In this section—

new section 294(5)(b) means section 294(5)(b) as in force from the commencement.

Schedule 1 Decisions subject to appeal

section 335(1)

Section reference	Description of decision
Geothermal permits
57	refusal to approve proposed later work program
62	refusal to approve work program amendment
66	refusal of application for declaration of potential geothermal commercial area
73	decision to take proposed action under section 72 for geothermal permit
120	refusal to approve proposed test plan for production testing
120	imposition of condition on approval of proposed test plan, other than a condition agreed to or requested by the relevant geothermal permit holder
Geothermal leases
80	decision not to grant a geothermal lease
97	refusal to approve proposed later development plan
102	refusal to approve development plan amendment
Geothermal coordination arrangements
144	cancellation of geothermal coordination arrangement
Decisions under chapter 6
204	decision to require security for geothermal tenure other than security in the form and amount prescribed under section 204(2)
205	decision to require increase in total security required to more than the prescribed amount under section 204(2) when the requirement is made
233	decision to give direction to ease concerns of owner or occupier
294	refusal to renew geothermal tenure
303	refusal to approve surrender of geothermal tenure
303	decision to approve partial surrender of geothermal tenure subject to the applicant’s written agreement to the Minister amending the conditions applying to the rest of the tenure in a stated way, if the applicant has not agreed in writing to the amendment
352	decision to take action to ensure compliance with a requirement under this Act of a geothermal tenure holder other than action to which the holder has agreed
Miscellaneous
324	decision to take noncompliance action for geothermal tenure
Decisions under Common Provisions Act
19(2)	decision to refuse to approve a prescribed dealing, or to approve registration of a dealing with conditions
23(3)	decision to refuse to give indicative approval, or to give indicative approval with conditions
59(2)	imposition of condition on entry on public land, other than a condition agreed to or requested by the geothermal tenure holder
59(7)	variation of condition imposed on entry on public land, other than a variation agreed to or requested by the geothermal tenure holder
64(1)	decision to give road use direction

Schedule 2 Dictionary

section 10

1923 Act see section 8(c).

1923 Act petroleum tenure see the 1923 Act, section 2.

access agreement ...

access land, for a geothermal tenure, see section 220(3).

access rights see section 220(2).

acquired land—

1

Land is acquired land if—

(a)it was taken under a resumption law, other than by taking or otherwise creating an easement; and

(b)under section 350A, all geothermal interests relating to the land were extinguished on the taking.

2

However, land mentioned in paragraph 1 stops being acquired land if it is included in the area of a new or renewed geothermal tenure granted under this Act.

ADR ...

advanced activity ...

ALA means the Acquisition of Land Act 1967.

appeal period, for a decision, means the period provided for under section 336 for starting an appeal against the decision.

applicant, for chapter 5, part 3, see section 146(a).

application period, for a released area, see section 34(4).

apply, in relation to making an application, has the meaning affected by section 363.

appropriately qualified, for the performance of a function or exercise of a power, includes having the qualifications, experience and competence to perform the function or exercise the power.

approved form means the form approved under section 384.

area—

1

The area, of a geothermal tenure, is the land to which the tenure is subject as recorded in the register.

2

The area of an authority, tenement or tenure granted under another resource Act is its area as defined under that Act or the area to which the authority, tenement or tenure is subject under that Act.

assessable transfer ...

associated agreement ...

authorised activity, for a geothermal tenure, see section 22.

authorised officer means an authorised officer under the P&G Act.

authorised person, for chapter 6, part 14, see section 305(2).

authority to prospect means an authority to prospect under the 1923 Act or the P&G Act.

block see the Common Provisions Act, section 11A(1).

capability criteria—

(a)for a geothermal permit or proposed geothermal permit—see section 41(b); or

(b)for a geothermal lease or proposed geothermal lease—see section 81(j).

Common Provisions Act means the Mineral and Energy Resources (Common Provisions) Act 2014.

compensation agreement ...

compensation application ...

compensation liability ...

conditions, of a geothermal tenure, see section 20.

conduct and compensation agreement ...

conduct and compensation agreement requirement ...

conference election notice ...

construct, a structure, includes placing the structure.

conviction includes a finding of guilt or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded.

coordinated project means a project declared under the State Development Act, section 26, to be a coordinated project.

costs, incurred by the State, includes the cost of services the State provides for itself.

dangerous situation means a situation relating to a geothermal activity, a GHG stream or petroleum or fuel gas in which an inspector reasonably believes an imminent risk of material harm to persons or property is likely if action is not taken to avoid, eliminate or minimise the risk.

dealing, in relation to a geothermal tenure, means a dealing with a resource authority, under the Common Provisions Act, that is a geothermal tenure.

deferral agreement ...

development plan, for a geothermal lease, see section 25(1).

development plan criteria see section 91(2).

drill includes to bore.

election notice ...

eligible claimant ...

eligible person see section 23.

enter, a place, includes to exercise, in relation to the place, access rights or the rights under section 379.

entry notice ...

Environmental Protection Act means the Environmental Protection Act 1994.

excluded land—

(a)for a particular geothermal tenure—means excluded land for the tenure decided under section 186; or

(b)generally—means any excluded land mentioned in paragraph (a).

executive officer, of a corporation, means a person who is concerned with or takes part in its management, whether or not the person is a director or the person’s position is given the name of executive officer.

exempt heat pump production see section 15.

exploration authority (non-geothermal) see section 136.

fee includes tax.

first authority ...

geothermal activity see section 18.

geothermal assessment criteria see section 147(1)(b).

geothermal coordination arrangement see section 138(4).

geothermal energy see section 11.

geothermal exploration see section 13.

geothermal exploration permit (also called a geothermal permit) see section 19(1)(a).

geothermal heat pump means a system for central heating or air conditioning that actively pumps heat to or from below ground of no more than 200m, using a fluid circulation medium.

Example of a fluid circulation medium—

water

Note—

Geothermal heat pumps are known by a variety of other names, including geoexchange heat pumps, earth-coupled heat pumps, earth energy heart pumps, ground-source heat pumps and water-source heat pumps.

geothermal interest means—

(a)a geothermal tenure; or

(b)a right existing under, or in relation to, a geothermal tenure.

geothermal lease means a geothermal production lease.

geothermal permit means a geothermal exploration permit.

geothermal producer see section 104(1).

geothermal production see section 14.

geothermal production lease (also called a geothermal lease) see section 19(1)(b).

geothermal register ...

geothermal resources see section 12.

geothermal royalty means the geothermal royalty mentioned in section 104(1).

geothermal statement see section 147(1)(a).

geothermal tenure see section 19(2).

geothermal viability report see section 385(2)(a)(i).

geothermal well—

1

A geothermal well is a hole in the ground made or being made by drilling or any other means to carry out geothermal exploration or geothermal production.

2

A geothermal well includes the casing for the well and any of the following attached to the well—

•the casing head

•a casing hanger or spool or tubing hanger

•flow control equipment up to and including the wing valves.

3

To remove any doubt, it is declared that a geothermal well does not include a seismic shot hole or shallow hole drilled to work out a geological structure.

GHG means greenhouse gas.

GHG authority see the GHG storage Act, section 18(3).

GHG lease see the GHG storage Act, section 18(1)(b).

GHG permit see the GHG storage Act, section 18(1)(a).

GHG storage see the GHG storage Act, section 3(2).

GHG storage Act see section 8(a).

GHG stream see the GHG storage Act, section 12.

give, a document to the Minister or the chief executive, has the meaning affected by section 363.

holder, of a geothermal tenure, means each person recorded as its holder in the register.

holder submissions see section 150(1).

independent viability assessment see section 385(2)(a)(ii).

indicative approval ...

information notice, for a decision, means a notice stating the following—

(a)the decision, and the reasons for it;

(b)the rights of appeal under this Act;

(c)the period in which any appeal under this Act must be started;

(d)how rights of appeal under this Act are to be exercised;

(e)that a stay of a decision the subject of an appeal under this Act may be applied for under this Act.

initial development plan requirements see section 87.

initial work program requirements see section 45.

inspector means an inspector under the P&G Act.

land includes—

(a)land covered by Queensland waters; and

(b)subterranean land.

land access code see the Common Provisions Act, section 36.

large-scale, for geothermal production, means geothermal production that is of a large-scale as that term is affected by section 16.

later development plan requirements see section 93.

later work program requirements see section 51.

legacy borehole means a bore or well that—

(a)

was drilled for the purpose (the original purpose) of—

(i)exploration or production of mineral or petroleum resources; or

(ii)informing the exploration or production of mineral or petroleum resources; and

(b)is no longer used for the original or another purpose.

made, for an application, means made at the place or in the way provided for under section 363.

make submissions has the meaning affected by section 363.

mandatory condition, of a geothermal tenure, see section 20(2).

mandatory provision, of the land access code, means a provision of that code that the code requires compliance with.

Mineral Resources Act see section 8(b).

minimum negotiation period ...

mining interest means—

(a)a mining tenement under the Mineral Resources Act; or

(b)a tenure held from the State under another Act about mining under which tenure the holder is authorised to carry out mining under the Mineral Resources Act or a related mineral or energy resources activity.

mining lease see the Mineral Resources Act, schedule 2.

negotiation notice ...

non-assessable transfer ...

noncompliance action means action of a type mentioned in section 320.

notice means a written notice.

notice of intention to resume, for the proposed 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 notice of intention to resume under the ALA; or

(b)otherwise—the notice, however named, required to be given under the resumption law to notify persons of the proposed taking.

notifiable road use ...

occupier, of a place, means—

(a)a person who, under an Act or a lease registered under the Land Title Act 1994, has a right to occupy the place other than under a mining interest, petroleum authority, 1923 Act petroleum tenure, GHG authority or geothermal tenure; or

(b)a person who has been given a right to occupy the place by an owner of the place or another person mentioned in paragraph (a).

on, land or another place, includes across, attached to, in, under or over the land or place.

operating plant see the P&G Act, section 670.

operator, of an operating plant, see the P&G Act, section 673.

overlapping authority application period see section 156(2).

overlapping authority priority see section 150(3)(b).

overlapping resource authority see section 135.

owner—

1

An owner, of land, means each person as follows in relation to the land—

(a)for freehold land—a registered owner;

(b)for land for which a person is, or will be on performing conditions, entitled to a deed of grant in fee simple—the person;

(c)if an estate in fee simple of land is being purchased from the State—the purchaser;

(d)for a public road—the public road authority for the road;

(e)for land that is busway land, light rail land, rail corridor land or a cane railway or other railway—the public land authority for the land;

(f)for required land under the Transport Infrastructure Act 1994, section 436—the chief executive of the department in which that Act is administered;

(g)for a forest entitlement area, State forest or timber reserve under the Forestry Act 1959—the chief executive of the department in which that Act is administered;

(h)

for a conservation park or resources reserve under the Nature Conservation Act 1992 (the NCA) for which there are trustees—

(i)if, under the NCA, the conservation park or resources reserve has trustees whose powers are not restricted—the trustees; or

(ii)otherwise—the chief executive of the department in which the NCA is administered;

(i)for DOGIT land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991—a trustee for the land;

(k)for Torres Strait Islander land under the Torres Strait Islander Land Act 1991 that is taken to be a reserve because of section 151(2) of that Act—each grantee of the land;

(l)for land under the Land Act 1994 for which there are trustees—a trustee;

(m)for transport land under the Transport Planning and Coordination Act 1994—the chief executive of the department in which that Act is administered;

(n)for land vested in the Minister administering the Education (General Provisions) Act 2006—that Minister;

(o)for land vested in the Queensland Housing Commission or another Minister or a chief executive responsible for constructing public buildings—the Minister administering the relevant Act;

(p)for land held from the State under another Act under an interest that is less than fee simple (other than occupation rights under a permit under the Land Act 1994)—the person who holds the interest;

(q)for any of the following land under the NCA—the State—

(i)a national park (scientific);

(ii)a national park;

(iii)a national park (Aboriginal land);

(iv)a national park (Torres Strait Islander land);

(v)a forest reserve.

2

Also, a mortgagee of land is the owner of land if—

(a)the mortgagee is acting as mortgagee in possession of the land and has the exclusive management and control of the land; or

(b)the mortgagee or a person appointed by the mortgagee is in possession of the land and has the exclusive management and control of the land.

3If land or another thing has more than 1 owner, a reference in this Act to the owner of the land or thing is a reference to each of its owners.

P&G Act see section 4.

P&G Act safety provisions see section 4(a).

parties...

penalty relinquishment means a relinquishment that is—

(a)made under a requirement under section 320(1)(b); and

(b)more than the blocks or sub-blocks required to be relinquished under the relinquishment condition.

petroleum authority see the P&G Act, section 18(2).

petroleum lease means a petroleum lease under the P&G Act or a lease under the 1923 Act.

petroleum tenure means any authority to prospect or any petroleum lease.

pipeline licence ...

place includes land.

plan period, for a development plan, means the period for which the plan applies.

potential geothermal commercial area, for a geothermal permit, means an area declared under section 66 to be a potential geothermal commercial area for the permit.

preliminary activity ...

private land see the Common Provisions Act, section 13.

production commencement day, for a geothermal lease, see section 82(5)(c).

production testing see section 17.

program period, for a work program, means the period for which the program applies.

proposed action see section 72(1)(a).

proposed activities for—

(a)a proposed initial work program—see section 47(1)(b); or

(b)a proposed initial development program—see section 89(1)(a).

provision, of a geothermal tenure, means a provision of the tenure as that term is affected by section 21.

public land see the Common Provisions Act, section 14.

public land authority see the Common Provisions Act, schedule 2.

public road means an area of land that—

(a)is open to or used by the public; and

(b)is developed for or has as one of its main uses—

(i)the driving or riding of motor vehicles; or

(ii)pedestrian traffic; and

(c)is controlled by a public road authority.

Examples of an area of land that may be included in a road—

•a bridge, culvert, ford, tunnel or viaduct

•a pedestrian or bicycle path

public road authority, for a public road, means—

(a)for a State-controlled road—the chief executive of the department in which the Transport Infrastructure Act 1994 is administered; or

(b)for another public road—the local government having the control of the road.

publish, a notice, means to publish it in any of the following ways—

(a)in a journal published by the department or under the Minister’s authority;

(b)in another publication the Minister considers appropriate;

(c)on the department’s website;

(d)by placing it on a public notice board, established and maintained by the department at—

(i)the department’s head office; and

(ii)other places the chief executive considers appropriate.

reasonably believes means to believe on grounds that are reasonable in the circumstances.

reasonably considers means to consider on grounds that are reasonable in the circumstances.

reasonably satisfied means to be satisfied on grounds that are reasonable in the circumstances.

register means the register kept by the chief executive under the Common Provisions Act, section 197.

registration, for a dealing, means recorded in the register.

released area see section 34(3).

relevant authority, for a geothermal coordination arrangement, see section 138(2).

relevant environmental authority, for a geothermal tenure or proposed geothermal tenure, means the environmental authority required under the Environmental Protection Act issued for all of the authorised activities for the tenure or proposed tenure that are environmentally relevant activities under that Act.

relevant environmental condition, for a provision about a geothermal tenure or proposed geothermal tenure, means a condition of the relevant environmental authority for the tenure or proposed tenure.

relevant land, for a geothermal lease application, means the land the subject of the application.

relevant lease, for a geothermal lease application, see section 156(2).

relevant owner or occupier ...

relevant Water Act authorisation, for a provision about a geothermal tenure or proposed geothermal tenure, means any authorisation required under the Water Act to take or interfere with water needed for activities carried out or proposed to be carried out under the tenure.

relinquishment condition, for a geothermal permit, is the relinquishment condition under section 109(1).

relinquishment notice see section 109(2)(a).

remedial powers see section 305(2).

report means a written report.

required information, for chapter 6, part 2, division 3, see section 195.

required way, for giving reports to the chief executive, see section 190(5).

resource Act see section 27.

resource management decision see section 152.

restricted area see section 33(1).

resumption law—

(a)means a law that provides for the compulsory acquisition of land, including, for example, the following—

(i)the ALA, including as applied by another law providing for an entity to take land under the ALA as if the entity were a constructing authority under the ALA;

Examples of other laws for subparagraph (i)—

•Electricity Act 1994, section 116

•South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, section 53AY

(ii)the Land Act 1994, chapter 5, part 3, division 3;

(iii)the Petroleum and Gas (Production and Safety) Act 2004, sections 456 to 458;

(iv)the Queensland Reconstruction Authority Act 2011, section 99;

(v)the State Development Act, section 82 or 125;

(vi)the Transport Planning and Coordination Act 1994, section 25 or 26; but

(b)does not include the Land Act 1994, chapter 5, part 3, divisions 1 and 2.

resumption notice, 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 gazette resumption notice under the ALA for the taking; or

(b)otherwise—the instrument giving effect to the taking.

road use direction ...

safety management plan see the P&G Act, schedule 2.

second authority ...

security includes a bond, deposit of an amount as security, guarantee, indemnity or other surety, insurance, mortgage and undertaking.

services of the State has the same meaning that the term has in relation to the State of Queensland under the Copyright Act 1968 (Cwlth), section 183(1).

share, of a geothermal tenure, means any interest held by a person as a holder of the tenure in all of the tenure’s area.

State-controlled road see Transport Infrastructure Act 1994, schedule 6.

State Development Act means the State Development and Public Works Organisation Act 1971.

structure means anything built or constructed, whether or not attached to land.

sub-block see the Common Provisions Act, section 11A(2).

sublease, for chapter 6, part 11, means a sublease of a geothermal lease.

submission means a written submission.

surrender, for chapter 6, part 13, see section 301(2).

surrender application see section 301(1)(a).

take, in relation to land, includes acquire.

third party transfer ...

waiver of entry notice ...

Water Act means the Water Act 2000.

wet geothermal production means geothermal production by the extraction of hot water from a subartesian basin.

work program, for a geothermal permit, see section 24.

work program criteria see section 49(2).