Geothermal Energy Regulations 2009 (NT)

NORTHERN TERRITORY OF AUSTRALIA

GEOTHERMAL ENERGY REGULATIONS 2009

As in force at 1 July 2020

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Preliminary matters1 — Citation2 — Commencement3 — DefinitionsPart 2 — Geothermal authoritiesDivision 1 — Geothermal authority applications4 — Procedure for granting or renewing permit5 — Procedure for deciding other geothermal authority applications6 — Fees for geothermal authority applicationsDivision 2 — Conditions of geothermal authorities7 — Authority year8 — Annual fee for authority year9 — Lodgment of annual report10 — Drill cores, cuttings and other samplesDivision 3 — Cancellations of geothermal authorities or part of geothermal authorities areas11 — Procedure for cancellationDivision 4 — Miscellaneous matters12 — Notice of change relating to geothermal authority holderPart 3 — Technical work programs and geothermal operations plansDivision 1 — Technical work programs13 — Notice of change relating to operatorDivision 2 — Geothermal operations plans14 — Information to be included in geothermal operations plan15 — Information required before expiry of permit or licence16 — Refusal to approve geothermal operations plan or variationPart 4 — Geothermal authorities register17 — Information relating to application for grant of permit or lease18 — Information relating to geothermal authority19 — Information relating to transfer of geothermal authority interest20 — Entry of additional information21 — Form of application for registration of transfer or devolution22 — Refusal of applications relating to register23 — Fees payable in relation to registerPart 5 — Tribunal24 — Jurisdiction25 — Reviewable decision26 — Recommendation of Tribunal and subsequent decisionPart 6 — Infringement notice offences32 — Infringement notice offence and prescribed amount payable33 — When infringement notice may be given34 — Contents of infringement notice35 — Electronic payment and payment by cheque36 — Withdrawal of infringement notice37 — Application of PartPart 7 — Transitional matters for Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 201438 — Definitions39 — Review of Minister's decision notified before commencement40 — Minister's decision made after commencement41 — Applications to former TribunalSchedule 1 — Fees for geothermal authority applicationsSchedule 2 — Annual feesSchedule 3 — Fees for late lodgment of annual reportSchedule 4 — Fees in relation to registerSchedule 5 — Infringement notice offences and prescribed amountsENDNOTES northern territory of australia

northern territory of australia

As in force at 1 July 2020

GEOTHERMAL ENERGY REGULATIONS 2009

Regulations under the Geothermal Energy Act 2009

Part 1Preliminary matters 1Citation

These Regulations may be cited as the Geothermal Energy Regulations 2009.

2Commencement

These Regulations commence on the commencement of the Geothermal Energy Act 2009.

3Definitions

In these Regulations:

annual fee means the fee prescribed by regulation 8.

annual report means a report mentioned in section 52(1) of the Act.

authority year, see regulation 7.

expiry date means the date on which a geothermal exploration permit or geothermal retention licence ceases to be in force because of the expiry of the period specified in it.

extended time, in relation to a time allowed for taking an action as specified in a notice given under Part 2 or 3 of these Regulations, means the time as extended under section 38(2) of the Act.

infringement notice, see regulation 33.

infringement notice offence, see regulation 32(1).

prescribed amount, see regulation 32(2).

prescribed lodgment day, for an annual report, see regulation 9(4).

reviewable decision, see regulation 25(1).

reviewable decision notice means a notice given under section 34 of the Northern Territory Civil and Administrative Tribunal Act 2014.

Tribunal means the Civil and Administrative Tribunal.

Part 2Geothermal authoritiesDivision 1Geothermal authority applications 4Procedure for granting or renewing permit

• (1)

  This regulation applies if, after considering an application for the grant or renewal of a geothermal exploration permit, the Minister:

  • (a)

    decides, under section 17(2)(a) or (b) of the Act, to grant a permit over all or some of the blocks comprising the application area; or

  • (b)

    decides, under section 19(1)(a) or (b) of the Act, to renew the permit over all or some of the blocks comprising the application area.

• (2)

  The Minister must give the applicant a notice of the decision stating the following:

  • (a)

    the blocks for which the Minister intends to grant or renew the permit and, if applicable, the reason why the Minister does not intend to grant or renew the permit for all the blocks comprising the application area;

  • (b)

    the conditions the Minister intends to include in the permit;

  • (c)

    that the applicant may accept the decision by giving the Minister a written notice of acceptance within the time specified in the notice (the specified time), in which case the Minister will grant or renew the permit on receipt of the notice;

  • (d)

    that the applicant may, within the specified time, give the Minister a written notice requesting the Minister to vary the decision in 1 or both of the following ways:

    • (i)

      if the Minister intends to grant or renew the permit over some of the blocks comprising the application area – by varying the blocks that will comprise the permit area in the way specified in the request;

    • (ii)

      by varying the conditions in the way specified in the request;

  • (e)

    that if the applicant requests a variation under paragraph (d):

    • (i)

      the notice must give reasons for the request; and

    • (ii)

      the procedures under subregulation (4) will apply.

• (3)

  The specified time must be at least 28 days after the date on which the applicant is given the notice.

• (4)

  If the applicant gives the Minister a notice under subregulation (2)(d) within the specified time or an extended time, the Minister must:

  • (a)

    vary the decision notified under subregulation (2) (the original decision) in the way requested by the applicant and grant or renew the permit in accordance with the variation; or

  • (b)

    vary the original decision in another way, grant or renew the permit in accordance with the variation, and give the applicant a reviewable decision notice relating to the variation; or

  • (c)

    refuse to vary the original decision, grant or renew the permit in accordance with the original decision, and give the applicant a reviewable decision notice relating to the refusal to vary the original decision.

• (5)

  If the applicant does not give the Minister a notice under subregulation (2)(c) or (d) within the specified time or an extended time, the Minister must:

  • (a)

    grant or renew the permit as notified in the original decision; and

  • (b)

    if the Minister has granted or renewed the permit over some of the blocks comprising the application area or included conditions in the permit – give the applicant a reviewable decision notice relating to the blocks or conditions (or both) stated in the original decision.

  5Procedure for deciding other geothermal authority applications
• (1)

  This regulation applies if the Minister:

  • (a)

    decides, under section 17(2)(c) or 19(1)(c) of the Act, to refuse to grant or renew a geothermal exploration permit; or

  • (b)

    decides, under section 23 or 26 of the Act, that he or she is not satisfied as mentioned in the section and refuses to grant or renew a geothermal retention licence; or

  • (c)

    decides, under section 32(2) of the Act, not to grant a geothermal production lease; or

  • (d)

    decides, under section 54(4)(b) of the Act, to vary the conditions of a geothermal authority by taking a different action from the action requested by the applicant; or

  • (e)

    decides, under section 54(4)(c) of the Act, to refuse to vary the conditions of a geothermal authority; or

  • (f)

    decides, under section 57(2) of the Act, to refuse to accept the surrender of a geothermal authority or part of a geothermal authority area.

• (2)

  The Minister must give the applicant a notice of the decision stating:

  • (a)

    the reasons for the decision; and

  • (b)

    that the applicant may, within the time specified in the notice (the specified time), give the Minister a written submission about matters the applicant wishes the Minister to reconsider.

• (3)

  The specified time must be at least 28 days after the date on which the applicant is given the notice.

• (4)

  If the applicant gives the Minister a submission within the specified time or an extended time, the Minister may:

  • (a)

    reverse or vary the decision (as applicable); or

  • (b)

    make the decision as notified and give the applicant a reviewable decision notice.

• (5)

  If the applicant does not give the Minister a submission within the specified time or an extended time, the Minister must make the decision as notified and give the applicant a reviewable decision notice.

• (6)

  In this regulation:

  applicant means the person who applied for the grant, renewal, variation or surrender to which the Minister’s decision relates.

6Fees for geothermal authority applications

• (1)

  Schedule 1 prescribes the fees payable for the geothermal applications specified in it.

• (2)

  A fee paid for an application to which section 14(1) of the Act applies is refundable if the Minister decides under section 14(2) of the Act that the application does not have the greatest merit to be given consideration for the grant of a permit.

• (3)

  A fee paid for an application for the grant, renewal or variation of conditions of a geothermal authority is not refundable if the Minister refuses to grant, renew, or vary the conditions of, the geothermal authority.

Division 2Conditions of geothermal authorities 7Authority year

An authority year, for a geothermal authority, is:

• (a)

  the 12 months immediately following the date on which the authority comes into force; and

• (b)

  each subsequent 12 months of the term of the authority.

8Annual fee

• (1)

  A geothermal authority holder must pay an annual fee in relation to the geothermal authority before the beginning of each authority year.

• (2)

  Schedule 2 prescribes the annual fee payable for each block in a geothermal authority area for an authority year.

• (3)

  If, after the beginning of an authority year, a geothermal authority holder applies to the Minister to accept the surrender of all or part of the geothermal authority area, the Minister need not accept the surrender until the annual fee has been paid:

  • (a)

    for each block in the whole geothermal authority area (including the blocks to be surrendered); and

  • (b)

    for the entire 12 month period of the authority year.

• (4)

  A geothermal authority holder is not entitled to a refund of any part of an annual fee paid before the beginning of an authority year if, during the authority year:

  • (a)

    part of the geothermal authority area is excised under section 24 or 33 of the Act; or

  • (b)

    the surrender of the geothermal authority or part of the geothermal authority area takes effect; or

  • (c)

    the cancellation of all or part of the geothermal authority takes effect.

  9Lodgment of annual report
• (1)

  An annual report for a geothermal authority must be:

  • (a)

    in writing and accompanied by the relevant approved form; and

  • (b)

    lodged with the Agency no later than the prescribed lodgment day.

• (2)

  Schedule 3 prescribes the fee payable for the late lodgment of an annual report within a specified period.

• (3)

  The Minister may waive a fee prescribed by subregulation (2) only if satisfied the holder of the geothermal authority for which the annual report is lodged has a reasonable excuse for the late lodgment.

• (4)

  In this regulation:

  prescribed lodgment day, for an annual report, means 28 days after the end of the authority year for the geothermal authority to which the annual report relates.

10Drill cores, cuttings and other samples

• (1)

  A notice of recovery of a sample under section 53 of the Act must be in the approved form.

• (2)

  The sample must be kept by the geothermal authority holder in a way that will protect the sample from damage and deterioration until:

  • (a)

    it is given to the Minister under section 53(3) of the Act; or

  • (b)

    the Minister authorises its earlier disposal under section 53(4) of the Act.

• (3)

  The sample must be clearly labelled to identify:

  • (a)

    the nature of the sample; and

  • (b)

    the date and place of recovery.

• (4)

  A geothermal authority holder who wishes to dispose of a sample before ceasing geothermal activities under the geothermal authority must apply in writing for the Minister’s authority under section 53(4) of the Act, giving reasons for the application.

• (5)

  A geothermal authority holder who ceases to conduct geothermal activities under the geothermal authority, and is required by section 53(3) of the Act to give the Minister each sample recovered, must deliver the samples to premises kept by the Agency for the storage of samples.

• (6)

  A person may examine samples at the Agency’s storage premises during the normal business hours of the Agency.

• (7)

  For this regulation, geothermal activities cease to be conducted under a geothermal authority:

  • (a)

    on the expiry date of the geothermal authority; or

  • (b)

    on the date the surrender of the geothermal authority, or part of the geothermal authority area, takes effect; or

  • (c)

    on the date the cancellation of the geothermal authority takes effect; or

  • (d)

    if the geothermal operations plan for the geothermal authority is revised or varied to indicate that particular geothermal activities are no longer being conducted in the geothermal authority area – on the date the Minister approves the revised plan or variation.

  Division 3Cancellations of geothermal authorities or part of geothermal authorities areas  

11Procedure for cancellation

• (1)

  This regulation applies if the Minister is satisfied about a matter mentioned in section 58(2) of the Act in relation to a geothermal authority holder and decides to:

  • (a)

    cancel the geothermal authority; or

  • (b)

    cancel the geothermal authority for part of the geothermal authority area.

• (2)

  The Minister must give the geothermal authority holder a notice of the decision stating:

  • (a)

    the reasons for the decision; and

  • (b)

    that the holder may, within the time specified in the notice (the specified time), give the Minister a written submission about matters the holder wishes the Minister to reconsider.

• (3)

  The specified time must be at least 28 days after the date on which the holder is given the notice.

• (4)

  If the holder gives the Minister a submission within the specified time or an extended time, the Minister may:

  • (a)

    reverse or vary the decision; or

  • (b)

    make the decision as notified and give the applicant a reviewable decision notice.

• (5)

  If the holder does not give the Minister a submission within the specified time or an extended time, the Minister may make the decision as notified and give the applicant a reviewable decision notice.

Division 4Miscellaneous matters 12Notice of change

The holder of a geothermal authority must give the Minister written notice about any of the following changes within 14 days after the change occurs:

• (a)

  a change in the holder’s name;

• (b)

  a change in the holder’s address or other contact details.

Fault element:                 Strict liability offence.

Maximum penalty:          20 penalty units.

Part 3Technical work programs and geothermal operations plansDivision 1Technical work programs 13Notice of change relating to operator

• (1)

  This regulation applies if an operator has been appointed for a geothermal authority area and any of the following (a notifiable change) has occurred:

  • (a)

    the name, contact details or terms of appointment in the technical work program or document of appointment have changed;

  • (b)

    the appointment no longer has effect because of the resignation of the operator or another reason;

  • (c)

    a new operator or additional operator has been appointed.

• (2)

  The holder of, or applicant for, the geothermal authority must give the Minister written notice of a notifiable change within 14 days after the change occurs.

  Fault element:                 Strict liability offence.

  Maximum penalty:          20 penalty units.

• (3)

  A notice of the appointment of a new operator must include the information required by section 65(1)(b)(i) and (ii) and (c) of the Act.

Division 2Geothermal operations plans 14Information to be included in geothermal operations plan

For section 67(2)(c) of the Act, a geothermal operations plan for a geothermal authority area must include the following information:

• (a)

  details of the operations to be conducted for the technical work summarised in the technical work program for the area;

• (b)

  a description of how the operations will be conducted and the persons who will conduct the operations;

• (c)

  plans of the proposed and (if applicable) current work sites for the operations, including buildings and infrastructure on the work sites;

• (d)

  descriptions and plans of proposed and (if applicable) current infrastructure associated with the operations in the geothermal authority area, including any road construction under section 42 of the Act;

• (e)

  details of the proposed restoration and rehabilitation of land if operations or geothermal activities conducted in the area are to cease permanently, and the anticipated cost of the restoration and rehabilitation.

15Information required before expiry of permit or licence

• (1)

  This regulation applies if the holder of a geothermal exploration permit or geothermal retention licence intends to allow the term of the geothermal authority to end on the expiry date.

• (2)

  No later than 3 months before the expiry date:

  • (a)

    the holder must review the approved operations plan for the geothermal authority area; and

  • (b)

    if the approved operations plan does not include comprehensive details about the restoration and rehabilitation of the geothermal authority area to be carried out before the expiry date, and the anticipated cost of the restoration and rehabilitation, the holder must:

    • (i)

      vary the plan to include that information; and

    • (ii)

      apply to the Minister under section 69(1) of the Act for approval of the variation.

    16Refusal to approve geothermal operations plan or variation
• (1)

  This regulation applies if the Minister:

  • (a)

    refuses under section 68 of the Act to approve a geothermal operations plan; or

  • (b)

    refuses under section 69 of the Act to approve a variation of a geothermal operations plan.

• (2)

  The Minister must give the applicant a reviewable decision notice relating to the refusal.

Part 4Geothermal authorities register 17Information relating to application for grant of permit

• (1)

  This regulation applies in relation to an application for the grant of the following geothermal authorities:

  • (a)

    a geothermal exploration permit;

  • (b)

    a geothermal production lease if the application is made by a person mentioned in section 31(2) of the Act.

• (2)

  The following information must be entered in the register in relation to the geothermal authority application:

  • (a)

    the date on which the Agency received the application;

  • (b)

    a description of the application area;

  • (c)

    the name and contact details of each applicant;

  • (d)

    if there is more than 1 applicant – the details of the geothermal authority interest proposed to be held by each applicant;

  • (e)

    details (including the date of receipt by the Agency) of any of the following:

    • (i)

      an application for the transfer of a geothermal authority interest;

    • (ii)

      an application for registration of the devolution of a geothermal authority interest;

    • (iii)

      the lodgment of a caveat;

  • (f)

    a decision made about an application or lodgment mentioned in paragraph (e) and any resulting changes.

  18Information relating to geothermal authority

  The following information must be entered in the register in relation to a geothermal authority:

  • (a)

    the type of geothermal authority and the date on which it was granted and (if applicable) renewed;

  • (b)

    the term of the geothermal authority if it is a permit or licence;

  • (c)

    a description of the geothermal authority area;

  • (d)

    the name and contact details of each holder of the geothermal authority;

  • (e)

    the geothermal authority interest held by each holder of the geothermal authority;

  • (f)

    details (including the date of receipt by the Agency) of a geothermal authority application for:

    • (i)

      renewal; or

    • (ii)

      the surrender of the geothermal authority or part of the geothermal authority area; or

    • (iii)

      a geothermal retention licence, made by the holder of a permit; or

    • (iv)

      a geothermal production lease, made by the holder of a permit or licence;

  • (g)

    details (including the date of receipt by the Agency) of any of the following:

    • (i)

      an application for the transfer of a geothermal authority interest;

    • (ii)

      an application for registration of the devolution of a geothermal authority interest;

    • (iii)

      the lodgment of a caveat;

  • (h)

    a decision made about an application or lodgment mentioned in paragraph (f) or (g) and any resulting changes.

  19Information relating to transfer of geothermal authority interest
• (1)

  For regulation 17(2)(e)(i) or 18(g)(i), the following details must be included in the register:

  • (a)

    the names and contact details of each person transferring a geothermal authority interest and each person to whom a geothermal authority interest is to be transferred;

  • (b)

    the geothermal authority interest being transferred.

• (2)

  The Minister need not enter in the register the details of an agreement relating to the transfer of a geothermal authority interest.

20Entry of additional information

The Minister may enter in the register any information not mentioned in this Part that the Minister considers should be entered.

21Form of application for registration of transfer or devolution

The following applications must be in an approved form:

• (a)

  an application under section 72(1) of the Act for registration of the transfer of a geothermal authority interest;

• (b)

  an application under section 73(1) of the Act for registration of the devolution of a geothermal authority interest.

22Refusal of applications relating to register

• (1)

  This regulation applies if the Minister:

  • (a)

    refuses under section 72 or 73 of the Act to register the transfer or devolution of a geothermal authority interest; or

  • (b)

    refuses under section 75 of the Act to correct an error in the register.

• (2)

  The Minister must give the applicant for the registration or correction a reviewable decision notice relating to the refusal.

23Fees payable in relation to register

Schedule 4 prescribes the fee payable for an application or document specified in it.

Part 5Tribunal 24Jurisdiction

A person aggrieved by a reviewable decision may apply to the Tribunal for a review of the decision.

25Reviewable decision

• (1)

  A decision that is required by these Regulations to be notified by a reviewable decision notice is a reviewable decision.

• (2)

  A decision mentioned in subregulation (1) includes:

  • (a)

    an action taken to implement the decision; and

  • (b)

    a refusal to approve something that is the subject of an application; and

  • (c)

    a refusal to take an action that is the subject of an application.

  26Recommendation of Tribunal and subsequent decision
• (1)

  Within 2 months after conducting a proceeding for a reviewable decision the Tribunal must:

  • (a)

    make a recommendation about the decision; and

  • (b)

    give the parties to the proceeding a written notice of the recommendation and the reasons for making it.

• (2)

  After considering the recommendation and reasons for making it, the Minister must decide to:

  • (a)

    reverse or vary the reviewable decision (as applicable); or

  • (b)

    confirm the reviewable decision.

• (3)

  In making the decision under subregulation (2), the Minister is not required to follow the recommendation.

• (4)

  Within 28 days after receiving the recommendation, the Minister must give the applicant for the review a notice of the decision under subregulation (2) and the reasons for the decision.

  Part 6 Infringement notice offences

32Infringement notice offence and prescribed amount payable

• (1)

  An infringement notice offence is an offence against a provision specified in Schedule 5.

• (2)

  The prescribed amount for an infringement notice offence is the amount equal to the monetary value of the number of penalty units specified for the offence in Schedule 5.

33When infringement notice may be given

If the Minister believes on reasonable grounds that a person has committed an infringement notice offence, the Minister may give a notice (an infringement notice) to the person.

34Contents of infringement notice

• (1)

  The infringement notice must specify the following:

  • (a)

    the name and address of the person, if known;

  • (b)

    the date the infringement notice is given to the person;

  • (c)

    the date and time of the infringement notice offence and the place at which the infringement notice offence occurred;

  • (d)

    a description of the offence;

  • (e)

    the prescribed amount payable for the offence;

  • (f)

    the enforcement agency, as defined in the Fines and Penalties (Recovery) Act 2001, to which the prescribed amount is payable.

• (2)

  The infringement notice must include a statement to the effect of the following:

  • (a)

    the person may expiate the infringement notice offence and avoid any further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after the notice is given;

  • (b)

    the person may elect under section 21 of the Fines and Penalties (Recovery) Act 2001 to have the matter dealt with by a court instead of under that Act by completing a statement of election and giving it to the specified enforcement agency;

  • (c)

    if the person does nothing in response to the notice, enforcement action may be taken under the Fines and Penalties (Recovery) Act 2001.

• (3)

  Also, the infringement notice must include an appropriate form for making the statement of election mentioned in subregulation (2)(b).

35Electronic payment and payment by cheque

• (1)

  If the person uses electronic means to pay the prescribed amount, payment is not effected until the amount is credited to the payee’s bank account.

• (2)

  If the person tenders a cheque in payment of the prescribed amount, payment is not effected unless the cheque is cleared on first presentation.

36Withdrawal of infringement notice

• (1)

  The Minister may withdraw the infringement notice by written notice given to the person.

• (2)

  The notice must be given:

  • (a)

    within 28 days after the infringement notice is given to the person; and

  • (b)

    before payment of the prescribed amount.

  37Application of Part
• (1)

  This Part does not prejudice or affect the start or continuation of proceedings for an infringement notice offence for which an infringement notice has been given unless the offence is expiated.

• (2)

  Also, this Part does not:

  • (a)

    require an infringement notice to be given; or

  • (b)

    affect the liability of a person to be prosecuted in a court for an offence for which an infringement notice has not been given; or

  • (c)

    prevent more than one infringement notice for the same offence being given to a person.

• (3)

  If more than one infringement notice for the same offence has been given to a person, the person may expiate the offence by paying the prescribed amount in accordance with any of the notices.

Part 7Transitional matters for Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014 38Definitions

In this Part:

commencement means the commencement of Part 8 of the Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014.

former legislation means the following as in force immediately before the commencement:

• (a)

  the Act and these Regulations;

• (b)

  the Lands, Planning and Mining Tribunal Act 1998.

former Tribunal means the Lands, Planning and Mining Tribunal as in existence under the Lands, Planning and Mining Tribunal Act 1998 immediately before the commencement of the Northern Territory Civil and Administrative Tribunal Act 2014.

new legislation means the following as in force after the commencement:

• (a)

  the Act and these Regulations;

• (b)

  the Northern Territory Civil and Administrative Tribunal Act 2014.

39Review of Minister's decision notified before commencement

• (1)

  This regulation applies if:

  • (a)

    before the commencement, the Minister had given a person a reviewable decision notice for a reviewable decision; and

  • (b)

    one of the following circumstances applies:

    • (i)

      immediately before the commencement, the review period for the decision had not expired and the person had not applied for a review of the decision;

    • (ii)

      before the commencement, the person had applied for a review of the decision and the proceeding for the review had not been decided.

• (2)

  If the circumstance mentioned in subregulation (1)(b)(i) applies, the former legislation continues to apply in relation to the entitlement of the person to apply for a review or the decision within the review period.

• (3)

  The former legislation continues to apply in relation to the functions and powers of the former Tribunal in conducting and deciding a proceeding for the review regardless of whether the proceeding:

  • (a)

    was being conducted before the commencement; or

  • (b)

    is started after the commencement within the review period.

• (4)

  In this regulation:

  review period means the period within which a person given a reviewable decision notice is entitled to apply for a review of the decision mentioned in the notice.

40Minister's decision made after commencement

• (1)

  This regulation applies if:

  • (a)

    a person had made an application to the Minister before the commencement; and

  • (b)

    the Minister decides the application after the commencement.

• (2)

  The new legislation applies in relation to:

  • (a)

    giving notice of the decision; and

  • (b)

    a person’s entitlement to apply for a review of the decision.

  41Applications to former Tribunal
• (1)

  This regulation applies if, before the commencement:

  • (a)

    a person had made an application to the former Tribunal; and

  • (b)

    the former Tribunal had not decided the matter.

• (2)

  The former Tribunal must continue to deal with the matter in accordance with the former legislation.

   

Schedule 1Fees for geothermal authority applications

regulation 6(1)

Geothermal authority application	Fee payable (revenue units)
Grant of geothermal exploration permit under section 12 or 13 of Act	4 132
Renewal of geothermal exploration permit under section 18 of Act	4 132
Grant of geothermal retention licence under section 22 of Act	8 264
Renewal of geothermal retention licence under section 25 of Act	8 264
Grant of geothermal production lease under section 32 of Act	41 322
Variation of condition of geothermal authority under section 54 of Act	165

Schedule 2Annual fees

regulation 8(2)

Geothermal authority area	Authority year	Fee payable for each block (revenue units)
Permit area	Year 1, 2, 3, 4 and 5	17
Year 6, 7, 8, 9 and 10	33
Each remaining year	66
Licence area	Each year	165
Lease area	Each year	1 653

Schedule 3Fees for late lodgment of annual report

regulation 9(2)

Period of late lodgment	Fee payable (revenue units)
Later than 28 days, but within 56 days, after the prescribed lodgment day	83
Later than 56 days, but within 84 days, after the prescribed lodgment day	496
Later than 84 days, but within 112 days, after the prescribed lodgment day	909
Any period after 112 days after the prescribed lodgment day	909 plus 413 for each additional period, or part period, of 28 days

Schedule 4Fees in relation to register

regulation 23

Application or document	Fee payable (revenue units)
Inspect register under section 70(5) of Act	12
Copy or summary of entry in register under section 70(5) of Act	4 for each page
Registration of transfer of geothermal authority interest under section 72(1) of Act	620
Registration of devolution of geothermal authority interest under section 73(1) of Act	207
Certificate relating to information under section 76 of Act	21
Caveat under section 78(1) of Act	83
Continuation of caveat under section 81(3) of Act	83

Schedule 5Infringement notice offences and prescribed amounts

regulation 32

Provision	Prescribed amount in penalty units
Geothermal Energy Act 2009
section 122(4)	5
Geothermal Energy Regulations 2009
regulations 12 and 13(2)	2

ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Geothermal Energy Regulations (SL No. 29, 2009)
Notified	2 September 2009
Commenced	1 December 2009 (r 2, s 2 Geothermal Energy Act 2009 and Gaz S65, 25 November 2009)
Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014 (Act No. 35, 2014)
Assent date	13 November 2014
Commenced	pts 4, 9, 10 and 19: 1 June 2015 (Gaz S53, 29 May 2015, p 2); rem: 1 January 2015 (Gaz G51, 24 December 2014, p 7)
Geothermal Energy Amendment Regulations 2020 (SL No. 19, 2020)
Notified	1 July 2020
Commenced	1 July 2020

• 3

  GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 3, 34 and 38 and Sch 5.

• 4

  LIST OF AMENDMENTS

r 3                     amd Act No. 35, 2014, s 43; No. 19, 2020, r 4

r 6                     amd No. 19, 2020, r 5

r 8                     amd No. 19, 2020, r 6

r 9                     amd No. 19, 2020, r 7

r 23                    sub No. 19, 2020, r 8

pt 5 hdg             sub Act No. 35, 2014, s 44

pt 5

div 1 hdg           rep Act No. 35, 2014, s 44

rr 24 – 25           sub Act No. 35, 2014, s 44

pt 5

div 2 hdg           rep Act No. 35, 2014, s 44

r 26                    sub Act No. 35, 2014, s 44

rr 27 – 30           rep Act No. 35, 2014, s 44

pt 5

div 3 hdg           rep Act No. 35, 2014, s 44

r 31                    rep Act No. 35, 2014, s 44

pt 6 hdg             sub No. 19, 2020, r 9

rr 32 – 37           sub No. 19, 2020, r 9

pt 7 hdg             ins Act No. 35, 2014, s 45

rr 38 – 41           ins Act No. 35, 2014, s 45

sch 1 – 5            sub No. 19, 2020, r 10