Geothermal Energy Resources Act 2005 (Vic)

Version No. 024

Geothermal Energy Resources Act 2005

No. 7 of 2005

Version incorporating amendments as at

22 October 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary matters

1Purpose

2Commencement

3Objectives and principles

4Interpretation

5Meaning of geothermal energy exploration

6Meaning of geothermal energy extraction

7Act binds the Crown

8Relationship of this Act to certain other Acts

9Application of this Act to land in Victoria

10Non-application of Act

11Minister may exempt land from application of Act

12Geothermal energy is the property of the Crown

13Crown retains Crown land geothermal energy rights

14Offence to explore for geothermal energy unless authorised

15Offence to extract geothermal energy unless authorised

16Geothermal energy becomes the property of the person extracting it

Part 2—Exploration permits

Division 1—Rights

17Rights conferred by exploration permit

Division 2—Procedure for obtaining permits

18Commencement of tender process

19Application for permits

20Chief factors to be considered in deciding competing applications

20AGrant of exploration permit

21Notice to be given to applicants

22Minister may make new grant if former grant refused

23Procedure if tender does not result in the granting of a permit

23APriority of competing applications in respect of same land

24Restrictions on permit area

25Term of permit

Division 3—Renewals

26Renewal of permit

27Application for renewal

28Other factors to be considered in renewing permits

29Renewed permit area to be reduced

30Variation of work programs for renewed permits

Division 4—Ministerial directions

31Minister may give directions

Part 3—Retention leases

32Purpose of a retention lease

33Rights conferred by lease

34Right to apply for lease

35Details to be supplied with application

36Factors determining grant of application

37Restrictions on area to which lease applies

38Term of lease

39Procedure if lease not to be granted

40Minister may require review of commercial viability

41Minister may give directions if extraction viable

Part 4—Extraction licences

Division 1—Rights

42Rights conferred by licence

Division 2—Procedure for obtaining licence

43Application for licence

44Commencement of tender process

45Application for licences

46Chief factors to be considered in deciding applications

47Notice to be given to applicants

Division 3—General provisions

48Minister may make new grant if former grant refused

49Restrictions on area to which licence applies

50Term of licence

Division 4—Development plans

51Geothermal energy extraction development plans

52Development plan to be lodged before extraction can start

53Development plan must be adhered to

54Minister may require variation of development plan

55Minister may permit variation of development plan

Part 5—Unit development

56Unit development

57Minister may amend licence for unit development

Part 5A—Special access authorisations

57ASpecial access authorisation

57BApplication for authorisation

57CGeneral criteria the Minister must consider

57DCriteria that apply to permit, lease and licence areas

57EException to section 57D

57FMinister may vary area to which authorisation applies

57GAuthorisation does not give exclusive rights

57HTerm of authorisation

57IExtension of term of authorisation

57JPermit, lease or licence holder not liable for actions of authorisation holder

57KAuthorisation holder must give data to the Minister

57LAuthorisation holder must give data to permit, lease or licence holder

Part 5B—Special drilling authorisations

57MSpecial drilling authorisation

57NApplication for special drilling authorisation

57OGeneral criteria the Minister must consider

57PCriteria that apply to permit, lease and licence areas

57QException to section 57P

57RMinister may vary area to which authorisation applies

57SAuthorisation does not give exclusive rights

57TTerm of authorisation

57UExisting permit, lease or licence holder not liable for actions of authorisation holder

57VAuthorisation holder must give data to the Minister

57WAuthorisation holder must give data to permit, lease or licence holder

Part 6—Provisions applying to authorities generally

Division 1—Applications

58Applications for authorities

59Applications are not transferable

60Existing permits and leases continue until renewal applications etc. decided

Division 2—Requirements

61Work programs

61AProduction operations also override planning schemes

62Planning permits

Division 3—Conditions

63Conditions that may apply to authorities

63AStatutory condition of authority

63CFurther statutory condition of authority—agreements under Traditional Owner Settlement Act 2010

64Minister may vary conditions unilaterally

65Minister may vary conditions by consent

66Variation of conditions on renewal, consolidation or transfer

67Suspension of conditions

68Term of authority may be extended if condition suspended

Division 4—Transfers of authorities

69Transfers

69ATransfers in relation to special drilling authorisations

70Matters Minister must consider in assessing transfer application

71Execution of transfer document insufficient to create interest

72Partial transfers of permits and licences

Division 5—Surrender or cancellation of authorities

73Surrender of authority

73APartial surrender of authority

74Cancellation of authority

74ASpecial drilling authorisation suspended or cancelled if primary authorisation suspended or cancelled

74BSpecial drilling authorisation expires if primary authorisation expires

75Additional grounds for the cancellation or partial cancellation of extraction licence

76Procedure to be followed before authority cancelled

77Minister may give directions if an authority is surrendered or cancelled or expires

Division 6—Consolidation of authorities

78Consolidation of adjoining authorities

Division 7—Nature of authorities

78AAuthorities not personal property

Division 8—Miscellaneous matters

78BExcision of area does not affect authority

78CExpedited procedure for replacement of invalidated title

78DOccupiers liability

Division 9—Planning matters

78EExploration under authority overrides planning schemes

78FAmendments to planning schemes to facilitate exploration and extraction

Part 7—Requirements before operations allowed on land

Division 1—Wilderness Crown land

79Operations on wilderness land barred

Division 2—Operations requiring prior consent

80Consent of Minister needed

81Geothermal energy operations on restricted Crown land

82Geothermal energy operations on water authority land

83Provisions applying to consents

84Right to seek review of refusal to give consent

Division 3—Operations requiring notice

85Operations on unrestricted Crown land

86Notice to be given before operation carried out on any land

Division 4—Other matters

87Areas of aboriginal significance

Part 8—Compensation

88Requirements before operation starts

89What compensation is payable for—private land and native title interests

90Compensation not payable for geothermal energy

91What compensation is payable for—Crown land

92Limit on total amount of compensation

93Time limit on compensation claims

94Determination of disputes

95Determination of disputes—Crown land

Part 9—Other obligations about conduct of operations

Division 1—Operation plans

96Operation plan to be prepared

97Plan must be observed in carrying out operation

98Minister may permit variation of operation plan

Division 2—Insurance

99Insurance must be held

Division 3—Rehabilitation bonds

100Requirement to take out rehabilitation bond

101Minister may require increased rehabilitation bond

102Return of bond if rehabilitation satisfactory

Division 4—Royalties

103Liability for, and rate of, royalty

104Rate of royalty

105When royalty must be paid

106Minister may vary royalty

Division 5—Other obligations

107Maintenance etc. of property

108Authority holder must not interfere with other rights

Division 6—Requirements at end of authority

109Equipment must be removed once authority ceases

110Minister may remove equipment

Part 10—Rehabilitation

111Rehabilitation

112Minister may carry out rehabilitation

Part 11—Information

Division 1—Information to be given to Minister

113Authority holder must provide information to Minister

114Minister may require person to provide information

115False information not to be given

Division 2—Release of information

116Meaning of release and information

117Meaning of interpretive information

118Information that is not to be released

119Information about applications that may be released

120Release of information about area that is no longer an authority area

121Release of factual information

122Minister may give information etc. to other Ministers

Part 12—Enforcement

Division 1—Inspections

123Authorisation of inspectors

124Production of identity card

125Monitoring compliance with this Act

126Emergencies

127Offence-related searches and seizures

128Occupier to be given copy of consent

129Disputed property in possession of inspector

130Search warrant

131Announcement before entry

132Copy of warrant to be given to occupier

133Receipt must be given for any thing seized

134Copies of certain seized things to be given

135Use of equipment to examine or process things

136Use or seizure of electronic equipment at premises

137Compensation for damage

138Return of seized things

139Magistrates' Court may extend period

140Power of inspector to require information or documents

141Refusal or failure to comply with requirement

142Protection against self-incrimination

143Offence to obstruct inspector

Division 2—Improvement and prohibition notices

144Improvement notice

145Prohibition notice

146Right to review

147Defences to charge of failing to comply with a notice

Division 3—Offences

148Offences by corporations also offences by officers

149Offences by partners

150Offences by joint venturers

151Offences by employees and agents

Part 13—Administration

Division 1—Geothermal energy register

152Establishment of register

153Effect of registration

154Other documents to be registered

155Entries in register on devolution of title

156Registration

157Effect of registration

158Inspection of register and documents

159Minister's certificates

160Minister may make corrections to register

161Right to review of register entries

162Offences relating to the register

163Officials must not disclose information

Division 2—Other administrative matters

164Minister may require further information

165Form of documents

166Delegation

166ASurveys and drilling operations

Division 3—Fees and penalties

167Applications not to be processed unless fee paid

168Fees and penalties debts due to the State

Part 14—Regulations

169Regulations

Part 15—Amendments and transitional provisions

175Effect on existing authorities and activities

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 024

Geothermal Energy Resources Act 2005

No. 7 of 2005

Version incorporating amendments as at

22 October 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY MATTERS

1Purpose

The purpose of this Act is to facilitate and regulate geothermal energy exploration and extraction in Victoria.

2Commencement

(1)This Part comes into operation on the day on which this Act receives the Royal Assent.

(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)If a provision referred to in subsection (2) does not come into operation before 30 June 2006, it comes into operation on that day.

3Objectives and principles

(1)The objectives of this Act are to encourage the exploration for geothermal energy in Victoria and to promote geothermal energy extraction for the benefit of all Victorians by—

(a)promoting sustainable, commercial exploration for and extraction of geothermal energy resources and geothermal energy;

(b)establishing that the Crown owns and may seek to gain a return for use of geothermal energy resources and geothermal energy;

(c)establishing secure title and efficient and effective allocation processes to encourage the exploration for, and extraction of, geothermal energy resources and geothermal energy;

(d)establishing transparent, fair and efficient land use and environment planning and land access processes for the exploration for, and extraction of, geothermal energy resources and geothermal energy;

(e)ensuring that public health and safety and environmental issues are considered in planning for, authorising, operating and decommissioning geothermal energy operations.

(2)The Minister and all persons employed or engaged in the administration of this Act may have regard to the following in making decisions about the utilization of resources and granting applications under this Act and generally in the administration and enforcement of this Act—

(a)the enhancement of individual and community well-being and welfare by following a path of economic development that safeguards the welfare of future generations;

(b)the provision of equity within and between generations;

(c)the protection of biological diversity and the maintenance of ecological integrity;

(d)recognition of the need to develop a strong, growing, diversified and internationally competitive economy that can enhance the capacity for environment protection;

(e)the adoption of cost effective and flexible measures, not disproportionate to the issues being addressed, including improved valuation, pricing and incentive mechanisms;

(f)the effective integration of both long and short term economic, environmental, social and equity considerations into decision making;

(g)if there are threats of serious or irreversible environmental damage, ensuring that lack of full scientific certainty is not used as a reason for postponing measures to prevent environmental degradation;

(h)decision making should be guided by—

(i)a careful evaluation to avoid serious or irreversible damage to the environment wherever practicable; and

(ii)an assessment of the risk-weighted consequences of various options;

(i)development should make a positive contribution to social equity, public health and safety, regional development and respect the aspirations of the community and indigenous peoples;

(j)decisions and actions should provide for community involvement in issues which affect members of the community.

4Interpretation

(1)In this Act—

authority means an exploration permit, a special access authorisation, a special drilling authorisation, a retention lease or an extraction licence;

Crown land means land that is, or that is by any Act deemed to be, unalienated land of the Crown, and—

(a)includes land of the Crown that is—

(i)reserved permanently or temporarily by or under any Act; and

(ii)occupied by a person under a lease, licence or other right under this or any other Act;

(b)does not include land that is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act1993;

current authority holder means the holder of a primary authorisation;

Department means the Department of Energy, Environment and Climate Action;

drilling authorisation area means an area specified in a special drilling authorisation granted under Part 5B;

exploration permit means an exploration permit granted under section 20A;

extraction licence means an extraction licence granted under Part 4;

geothermal energy means the heat energy contained or stored in rock, geothermal water or any other material occurring naturally within the earth;

geothermal energy exploration has the meaning set out in section 5;

geothermal energy extraction has the meaning set out in section 6;

geothermal energy operation means any activity relating to geothermal energy exploration or to geothermal energy extraction;

geothermal energy register means the register established under Division 1 of Part 13;

geothermal energy resources means geothermal water, rock or any other material occurring naturally within the earth containing heat energy;

geothermal water means water, water vapour or steam heated within the earth by natural phenomena to a temperature of 30° Celsius or more or any mixture of such water, water vapour or steam;

improvement notice means a notice issued under section 144;

inspector means a person authorised by the Minister under section 123 to act as an inspector;

Native Title Act means the Native Title Act 1993 of the Commonwealth;

native title holder has the same meaning as in the Native Title Act;

owner means—

(a)in relation to land that is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993, the licensee of that land under that Part;

(b)in relation to Crown land, includes the native title holder of the land;

planning scheme means a planning scheme approved under the Planning and Environment Act 1987;

primary authorisation means an exploration permit, retention lease or extraction licence;

private land means land that is not Crown land;

prohibition notice means a notice issued under section 145;

rehabilitation bond means an instrument acceptable to the Minister under section 100 securing the payment of a specified amount of money for any rehabilitation work, clean‑up work or pollution prevention work that may be necessary as a result of a geothermal energy operation;

retention lease means a retention lease granted under section 36;

retention period means a period of 60 days after the seizure of a thing under this Act;

Tribunal means the Victorian Civil and Administrative Tribunal established under the Victorian Civil and Administrative Tribunal Act 1998;

unit development agreement means an agreement made under Part 5;

unrestricted Crown land means any Crown land other than—

(a)land referred to in section 79; and

(b)land that is a national, State or other park under the National Parks Act 1975; and

(c)land specified in Schedule 3 to the Mineral Resources (Sustainable Development) Act 1990;

vary, in relation to the conditions of an authority, includes adding conditions to, and removing conditions from, the authority;

work program has the meaning set out in section 61.

(2)A reference in this Act to—

(a)a permit area, a lease area, a licence area, or an authority area is a reference to the area to which the permit, lease, licence or authority applies at the relevant time;

(b)this Act includes a reference to the regulations made under this Act.

(3)For the purposes of this Act, a person is to be treated as carrying out a geothermal energy operation by starting, or continuing to carry on, the operation.

5Meaning of geothermal energy exploration

Geothermal energy exploration is the carrying out of one or more of the following activities for the purpose of finding geothermal energy or geothermal energy resources—

(a)conducting geological, geophysical, hydrogeological and geochemical surveys;

(b)drilling;

(c)taking samples for the purposes of chemical, thermal or other analysis;

(d)extracting geothermal energy or geothermal energy resources for the purpose of determining whether it will be viable to extract the energy or resources commercially.

6Meaning of geothermal energy extraction

Geothermal energy extraction is—

(a)the extraction of geothermal energy or geothermal energy resources for the purpose of capturing the heat energy from the resources;

(b)any activity incidental to extraction referred to in paragraph (a) including the construction and operation of pumps and pipes within the area in which the geothermal energy or geothermal energy resources are being extracted.

7Act binds the Crown

This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

8Relationship of this Act to certain other Acts

If this Act makes provision in relation to a matter and provision is also made in relation to that matter by, or under, the Dangerous Goods Act 1985, the Environment Protection Act 2017, the Occupational Health and Safety Act 1985 or the Water Act 1989, the provision made by this Act—

(a)if not inconsistent with that other provision, must be observed in addition to that other provision; and

(b)if inconsistent with that other provision, is, to the extent of the inconsistency, of no force or effect and that other provision prevails.

9Application of this Act to land in Victoria

This Act applies to all land in Victoria, other than—

(a)land that is within the area defined as the offshore area in the Offshore Petroleum and Greenhouse Gas Storage Act 2010; and

(b)land to the extent that it is exempted by the Minister under section 11.

10Non-application of Act

This Act does not apply to—

(a)small scale ground source heat pumps used at or in the vicinity of the source of the geothermal energy; and

(b)other small scale extraction operations that are not for commercial purposes; and

(c)activities and operations or classes of activity or operation that are prescribed by the regulations; and

(d)land or any class of land that is exempted by the Minister under section 11.

11Minister may exempt land from application of Act

(1)The Minister may, by notice published in the Government Gazette and recorded in the geothermal energy register, exempt any land or class of land from the application of some or all of the provisions of this Act.

(2)The Minister may exempt land—

(a)to protect the land for significant environmental reasons; or

(b)to protect significant commercial or economic operations or activities; or

(c)for any other reason the Minister considers to be appropriate.

(3)The Minister, by notice published in the Government Gazette and recorded in the geothermal energy register, may revoke any exemption granted under this section.

12Geothermal energy is the property of the Crown

The Crown owns all geothermal energy and geothermal energy resources on or below the surface of any land in Victoria that came to be on or below that surface without human assistance.

13Crown retains Crown land geothermal energy rights

In conferring any grant, lease, licence or other tenure of any Crown land after the commencement of this section on any person, the Crown retains all rights that it has in relation to any geothermal energy and geothermal energy resource on or below that land.

14Offence to explore for geothermal energy unless authorised

A person must not carry out any activity relating to geothermal energy exploration in Victoria except—

(a)under, and in accordance with, an authority; or

(b)as otherwise permitted by this Act.

Penalty:240 penalty units.

15Offence to extract geothermal energy unless authorised

A person must not carry out any activity relating to geothermal energy extraction in Victoria except—

(a)under, and in accordance with, an extraction licence; or

(b)as otherwise permitted by this Act.

Penalty:240 penalty units.

16Geothermal energy becomes the property of the person extracting it

On a person extracting from any land in Victoria in accordance with this Act any geothermal energy or geothermal energy resource that came to be on or below the surface of the land without human assistance, the person becomes the owner of that geothermal energy or geothermal energy resource.

PART 2—EXPLORATION PERMITS

Division 1—Rights

17Rights conferred by exploration permit

An exploration permit authorises the holder of the permit, subject to and in accordance with the conditions of the permit—

(a)to carry out geothermal energy exploration in the permit area; and

(b)to do any thing in that area that is necessary for, or incidental to, that purpose.

Division 2—Procedure for obtaining permits

18Commencement of tender process

(1)The Minister may invite applications for an exploration permit to explore a specified area.

(2)The invitation must specify—

(a)the chief factors that will be considered by the Minister in assessing applications; and

(b)a date by which applications must be made.

19Application for permits

(1)In addition to complying with section 58, an applicant for an exploration permit must submit—

(a)details of the applicant's relevant technical qualifications and of the relevant technical qualifications of the applicant's employees; and

(b)details of the relevant technical advice available to the applicant; and

(c)details of the financial resources available to the applicant; and

(d)the work programs proposed by the applicant; and

(e)any other information prescribed by the regulations.

(2)An applicant must also submit any other information required in the invitation under section 18.

20Chief factors to be considered in deciding competing applications

(1)This section applies if more than one application is received in respect of an area and the Minister decides to grant an exploration permit in respect of the area.

(2)In determining which applicant, if any, is to be granted the permit, the chief factors the Minister must take into account are—

(a)the respective merits of the work programs proposed by the applicants;

(b)the likelihood that the work programs will be carried out;

(c)the effect the proposed exploration will have on public safety;

(d)the benefit of the proposed exploration relative to the economic, social and environmental impact of the proposed exploration;

(e)the respective technical and financial resources of the applicants;

(f)any other chief factors specified in the invitation under section 18.

20AGrant of exploration permit

The Minister may grant or refuse to grant an exploration permit.

21Notice to be given to applicants

(1)If the Minister decides to grant an exploration permit, he or she must give the person granted the permit and every unsuccessful applicant for the permit written notice of that decision within 14 days after making it.

(2)If the Minister decides not to grant an exploration permit to any of the applicants for the permit, he or she must notify all applicants in writing of that decision.

22Minister may make new grant if former grant refused

(1)This section applies if the Minister had decided to grant an exploration permit to an applicant who responded to an invitation under section 18 but who subsequently states in writing that the applicant is not willing to accept the grant.

(2)The Minister may grant the permit to any other applicant for the permit.

(3)This section applies regardless of how many times the Minister has decided to grant the permit.

23Procedure if tender does not result in the granting of a permit

(1)This section applies if—

(a)no applications are received in response to an invitation made under section 18; or

(b)the Minister refuses to grant an exploration permit to any applicant who responded to an invitation made under section 18; or

(c)no applicant who responded to the invitation is willing to accept the grant of the exploration permit by the Minister.

(2)The Minister may—

(a)invite further applications for an exploration permit for the relevant area; or

(b)commence a new tender process under section 18.

(3)Sections 19, 21 and 22 apply to applications made in response to an invitation made under subsection (2)(a).

(3A)If the Minister invites further applications under subsection (2)(a) the Minister may specify—

(a)new chief factors that will be considered by him or her in assessing those applications; and

(b)the date by which applications must be made.

(3B)If the Minister specifies new chief factors under subsection (3A), the Minister must state whether he or she will also consider the chief factors originally specified under section 18.

(4)If more than one application in response to an invitation under subsection (2)(a) is received, the Minister must consider the applications in the order in which they were received by the Minister.

23APriority of competing applications in respect of same land

(1)If more than one application under section 23(2)(a) is received on the same day in respect of the same land, the Minister must assign an order of priority to those applications.

(2)In assessing the order of priority under subsection (1), the Minister must take into account the chief factors set out in sections 20(2)(a) to 20(2)(e).

(3)The application that has been assigned the highest priority under this section must be assessed without regard to anything contained in applications having a lower priority.

24Restrictions on permit area

In issuing an exploration permit to an applicant, the Minister must ensure—

(a)that the area to which the permit applies—

(i)is not more than the number of square kilometres prescribed by the regulations; and

(ii)forms a continuous parcel of land; and

(b)that no part of the area to which the permit applies is within an area that is already the subject of an exploration permit.

25Term of permit

(1)The Minister may grant a permit for a period not exceeding 15 years.

(2)An exploration permit expires on the date specified in the permit, unless it is cancelled or surrendered earlier or unless this Act otherwise provides.

Division 3—Renewals

26Renewal of permit

(1)The Minister may renew an exploration permit for a further period not exceeding 5 years from the date of its expiry.

(2)The Minister may renew an exploration permit that has been renewed once under subsection (1) for a further period not exceeding 10 years from the date it expired before renewal under that subsection.

27Application for renewal

(1)The holder of an exploration permit may apply to the Minister for the renewal of the permit.

(2)A renewal application must be given to the Minister at least 90 days before the permit is due to expire.

(3)On the payment of any late fee required by the regulations for the purposes of this section, the Minister may also consider any application for renewal that does not comply with subsection (2).

(4)The Minister must not consider any application to renew a permit that is made after the permit has expired.

28Other factors to be considered in renewing permits

(1)The Minister must renew an exploration permit if—

(a)the holder of the permit applies for the renewal in the form and manner required by the Minister; and

(b)the application is accompanied by the renewal fee set out in the regulations for the purposes of this paragraph; and

(c)the permit holder has complied with the conditions of the permit and all applicable laws; and

(d)the application is accompanied by details of the work program the holder of the permit proposes to undertake if the permit is renewed; and

(e)the Minister is satisfied that the proposed work program is adequate; and

(f)the holder of the permit has nominated in the application the area that the holder wishes to relinquish (unless section 29(4) applies); and

(g)the Minister will not breach section 29(1), (2) or (3) by renewing the permit for the remaining area.

(2)In any other case the Minister may renew a permit if satisfied that there are special circumstances that justify the renewal of the permit.

29Renewed permit area to be reduced

(1)In renewing an exploration permit, the Minister must ensure that the permit area is reduced by at least 50%.

(2)In renewing an exploration permit and reducing the permit area, the Minister must be satisfied that both the area to which the renewed permit will apply and the area to which the permit will no longer apply are of such a nature that it will still be practicable for geothermal energy exploration to be carried out on them.

(3)In reducing the area to which a renewed exploration permit will apply, the Minister must ensure that the reduced area forms no more than 2 continuous parcels of land.

(4)Despite subsection (1), the Minister may issue a renewed exploration permit without reducing the permit area, or without reducing the permit area by at least 50%, if—

(a)the Minister is satisfied, on the written application of the holder of the permit—

(i)that the holder was unable to explore a relevant area as a result of one or more events that were beyond the holder's control; or

(ii)that there are exceptional circumstances that justify the renewal; or

(b)it is necessary to do so to enable the Minister to comply with subsection (3).

30Variation of work programs for renewed permits

(1)If an exploration permit is renewed, the holder of the permit may apply to the Minister for permission to vary the work program.

(2)The Minister may allow the holder of the permit to vary the work program if the Minister is satisfied that the variation will improve the work program.

Division 4—Ministerial directions

31Minister may give directions

(1)If the holder of an exploration permit discovers any geothermal energy or geothermal energy resources in the permit area, the Minister may require the holder of the permit to apply for a retention lease or an extraction licence in respect of the discovery.

(2)The requirement must be made in writing and must allow the holder of the permit at least 90 days within which to make the application.

(3)The Minister may only make a requirement under this section if the holder of the permit has extracted geothermal energy or geothermal energy resources as a result of the discovery.

(4)If the holder of the permit fails to comply with a requirement made under this section, the Minister may cancel the permit.

PART 3—RETENTION LEASES

32Purpose of a retention lease

A retention lease enables the holder of an exploration permit to retain certain rights to a geothermal energy discovery that it is not commercially viable to develop under an extraction licence at the time the lease is granted, but which might become viable to develop within 15 years.

33Rights conferred by lease

A retention lease authorises the holder of the lease, subject to and in accordance with the conditions of the lease—

(a)to carry out geothermal energy exploration in the lease area; and

(b)to do any thing in the lease area that is necessary for, or incidental to, that purpose; and

(c)to retain a right to apply for an extraction licence in respect of the lease area under section 43 without complying with any requirement that there might otherwise be under this Act to carry out a work program in respect of the area.

34Right to apply for lease

(1)The holder of an exploration permit may apply to the Minister for the grant of a retention lease in respect of any part of the permit area on which the holder has discovered geothermal energy or geothermal energy resources.

(2)An application for a retention lease must be made at least 90 days before the applicant's exploration permit is due to expire.

(3)Despite subsection (2), the Minister may on the payment of any late fee required by the regulations consider an application for a retention lease that does not comply with that subsection.

35Details to be supplied with application

In addition to complying with section 58, an applicant for a retention lease must submit details of—

(a)the area in respect of which the lease is sought; and

(b)the commercial viability of extracting geothermal energy or geothermal energy resources from that area at the time the application is made; and

(c)the possible future commercial viability of extracting geothermal energy or geothermal energy resources from that area; and

(d)any other matter prescribed by the regulations.

36Factors determining grant of application

(1)The Minister must grant a retention lease if—

(a)the applicant for the lease has provided all the information required by the Minister and has otherwise complied with section 35; and

(b)the applicant has complied with the conditions of the exploration permit and all applicable laws in relation to that permit; and

(c)the Minister is satisfied that the extraction of geothermal energy or geothermal energy resources from the proposed lease area—

(i)was not commercially viable on the day the application for the lease was made; but

(ii)might become commercially viable within the next 15 years.

(2)The Minister may grant a retention lease if—

(a)subsections (1)(a) and (1)(c) apply; and

(b)satisfied that there are special circumstances concerning the failure to comply with the conditions of the exploration permit, or with an applicable law, that justify the granting of the lease.

(3)The Minister must not grant a retention lease in any other circumstances.

37Restrictions on area to which lease applies

(1)In granting a retention lease, the Minister must ensure that the lease area is the minimum area necessary—

(a)to cover the maximum extent of the geothermal energy resource; and

(b)to enable future geothermal energy extraction.

(2)Nothing in subsection (1) authorises the Minister to include in the lease area any area that was not within the area to which the lease holder's exploration permit applied.

38Term of lease

(1)A retention lease starts on the day it is registered in the geothermal energy register.

(2)A retention lease expires on the last day of the period specified by the Minister in the lease as the term of the lease, unless it is cancelled or surrendered earlier or unless this Act otherwise provides.

(3)The Minister must specify the term of a retention lease which must not be more than 15 years.

(4)A retention lease cannot be renewed.

39Procedure if lease not to be granted

The Minister must not refuse to grant a retention lease unless the Minister has—

(a)given the applicant for the lease not less than 30 days' written notice of the Minister's intention to refuse to grant the lease; and

(b)served a copy of the notice on any other person that the Minister considers may have an interest in the refusal; and

(c)in the notice—

(i)given detailed reasons for the proposed refusal; and

(ii)invited the person who is given the notice to make any submissions by a specified date; and

(d)considered any submissions made on or before the specified date in response to such an invitation.

40Minister may require review of commercial viability

(1)The Minister may require the holder of a retention lease to re-evaluate the commercial viability of geothermal energy extraction in the lease area and to report to the Minister in writing the results of the re-evaluation.

(2)The Minister must—

(a)make the requirement by giving the holder of the lease written notice of the requirement; and

(b)allow the holder of the lease at least 90 days within which to comply with the requirement.

(3)The Minister may, on the written application of the holder of a lease, allow the holder of the lease more time within which to comply with a requirement made under this section.

(4)If the holder of a lease fails to comply with a requirement made under this section, the Minister may cancel the lease.

41Minister may give directions if extraction viable

(1)This section applies if, after receiving a report under section 40, the Minister is of the opinion that the extraction of geothermal energy or geothermal energy resources from the lease area is commercially viable.

(2)The Minister may require the lease holder to apply for an extraction licence in respect of the lease area.

(3)The requirement must be made in writing and must allow the holder of the lease at least 90 days within which to make the application.

(4)If the holder of the lease fails to comply with a requirement made under this section, the Minister may cancel the lease.

PART 4—EXTRACTION LICENCES

Division 1—Rights

42Rights conferred by licence

An extraction licence authorises the holder of the licence, subject to and in accordance with the conditions of the licence—

(a)to carry out geothermal energy extraction in the licence area; and

(b)to carry out geothermal energy exploration in the licence area; and

(c)to do any thing in the licence area that is necessary for, or incidental to, those purposes.

Division 2—Procedure for obtaining licence

43Application for licence

(1)The holder of an exploration permit or a retention lease may apply to the Minister for the grant of an extraction licence in respect of any part of the permit or lease area on which the holder has discovered geothermal energy or geothermal energy resources.

(2)An application must contain or be accompanied by any information prescribed by the regulations.

44Commencement of tender process

(1)The Minister may invite applications for the grant of an extraction licence in respect of an area if—

(a)in the opinion of the Minister, there is geothermal energy or geothermal energy resources in the area; and

(b)the area—

(i)is not the subject of an exploration permit, a retention lease or an extraction licence; or

(ii)was the subject of an exploration permit, a retention lease or an extraction licence that has expired or that has been surrendered or cancelled in respect of that area.

(2)The invitation must specify—

(a)the chief factors that will be considered by the Minister in assessing applications; and

(b)a date by which applications must be made; and

(c)any other matter required by the regulations.

(3)The invitation may specify—

(a)that an applicant must specify the amount that the applicant is willing to pay for the grant of the licence or the royalty regime that the applicant is prepared to accept under the licence; and

(b)the basis on which applications will be primarily decided.

45Application for licences

(1)In addition to complying with section 58, an applicant for an extraction licence under this Division must submit—

(a)details of the applicant's relevant technical qualifications and of the relevant technical qualifications of the applicant's employees; and

(b)details of the relevant technical advice available to the applicant; and

(c)details of the financial resources available to the applicant; and

(d)the work programs proposed by the applicant; and

(e)the applicant's plans for consulting with parties likely to be affected by the proposed extraction; and

(f)an environmental report about the proposed extraction; and

(g)a plan to deal with any cultural heritage issue that may be affected by the proposed extraction; and

(h)any other information prescribed by the regulations.

(2)An applicant for an extraction licence responding to an invitation under section 44 must also submit any other information required in the invitation.

46Chief factors to be considered in deciding applications

(1)The chief factors the Minister must take into account in determining whether an applicant under this Division is to be granted a licence are—

(a)the merits of the work program proposed by an applicant; and

(b)the likelihood that the work program will be carried out; and

(c)in the case of an application responding to an invitation under section 44, any other factors specified in the invitation.

(2)Nothing in this section requires the Minister to grant an application that, in the opinion of the Minister, is deficient or defective or not in the best interests of the people of Victoria.

47Notice to be given to applicants

(1)If the Minister decides to grant an extraction licence, he or she must give the person granted the licence written notice of that decision within 14 days of making it.

(2)If the Minister decides not to grant an extraction licence, he or she must notify in writing any person who applied for the licence of that decision.

Division 3—General provisions

48Minister may make new grant if former grant refused

(1)This section applies if the Minister decides to grant an extraction licence under this Part to an applicant but the applicant states in writing that the applicant does not intend to accept the grant.

(2)The Minister may grant the licence to any other applicant for the licence having regard to section 46.

(3)This section applies regardless of how many times the Minister has decided to grant the licence.

49Restrictions on area to which licence applies

(1)In granting an extraction licence, the Minister must ensure that the licence area is the minimum area necessary—

(a)to cover the maximum extent of the relevant geothermal energy resource; and

(b)to enable future geothermal energy extraction and storage in relation to the resource.

(2)In the case of licences granted under Division 2, nothing in subsection (1) authorises the Minister to include in the licence area any area that was not within the area to which the licence holder's exploration permit or retention lease applied at the time the holder applied for the licence.

50Term of licence

An extraction licence continues in force until it is surrendered or the Minister cancels it in accordance with this Act.

Division 4—Development plans

51Geothermal energy extraction development plans

(1)A geothermal energy extraction development plan is a plan in relation to an extraction licence that outlines how geothermal energy extraction will be undertaken in the licence area.

(2)A geothermal energy extraction development plan must contain the details required by the regulations.

52Development plan to be lodged before extraction can start

The holder of an extraction licence must not carry out geothermal energy extraction in the licence area unless the Minister has approved the geothermal energy extraction development plan for the licence area.

Penalty:240 penalty units.

53Development plan must be adhered to

The holder of an extraction licence must ensure that geothermal energy extraction in the licence area is carried out in accordance with the geothermal energy extraction development plan.

Penalty:240 penalty units.

54Minister may require variation of development plan

(1)The Minister may require the holder of an extraction licence to vary the geothermal energy extraction development plan that applies to the licence.

(2)The Minister may only do this after consulting with the holder of the licence.

55Minister may permit variation of development plan

On the written application of the holder of an extraction licence, the Minister may permit the holder of the licence to vary the geothermal energy extraction development plan that applies, or is to apply, to the licence.

PART 5—UNIT DEVELOPMENT

56Unit development

(1)This section applies if a geothermal energy resource extends beyond the area of an extraction licence held by a person into adjacent areas that are covered by an authority held by another person.

(2)The Minister may require any person who is entitled to extract geothermal energy from the geothermal energy resource to enter into a co‑operative arrangement for the extraction of geothermal energy from the geothermal energy resource for one or more of the following purposes—

(a)to extract the geothermal energy as effectively as possible;

(b)to keep disruptions to the environment to a minimum.

(3)In making such a requirement, the Minister must ensure that—

(a)written notice of the requirement is given to each person on whom the requirement is made; and

(b)the notice specifies by when the requirement must be complied with; and

(c)the notice specifies how any dispute concerning the terms of the required co‑operative arrangement is to be resolved; and

(d)the notice specifies what action the Minister may take if the requirement is not complied with.

(4)For the purposes of subsection (3)(b), the Minister must allow a period of at least 90 days from the date the notice is given.

57Minister may amend licence for unit development

Despite anything to the contrary in this Act, the Minister may amend an extraction licence (including any condition of the licence)—

(a)for the purpose of giving effect to a co‑operative arrangement made under section 56; or

(b)as a result of a failure of a person to comply with a requirement made under section 56, but only for the purpose of attempting to achieve to the maximum extent that is practicable the object that the requirement sought to achieve.

PART 5A—SPECIAL ACCESS AUTHORISATIONS

57ASpecial access authorisation

(1)A special access authorisation authorises the person holding it to carry out the geothermal energy exploration specified in the authorisation in the area in respect of which it is granted.

(2)A special access authorisation does not authorise the holder of the authorisation to make a well.

(3)A special access authorisation does not give the holder of the authorisation any rights with respect to any geothermal energy within the area in respect of which it is granted.

(4)It is not necessary for the holder of a special access authorisation to be the holder of an exploration permit, a retention lease or an extraction licence.

57BApplication for authorisation

(1)A person may apply to the Minister for the grant of a special access authorisation in respect of any area.

(2)In addition to complying with section 58, an applicant for a special access authorisation—

(a)must describe and precisely identify the area in respect of which the authorisation is sought; and

(b)must describe in detail the geothermal energy exploration that the person seeks to carry out in that area; and

(c)must submit details of—

(i)its relevant technical qualifications and of the relevant technical qualifications of its employees; and

(ii)the relevant technical advice available to it; and

(iii)the financial resources available to it.

57CGeneral criteria the Minister must consider

(1)In determining whether or not to grant a special access authorisation, the Minister must take into account the geological and geophysical nature of the area in respect of which the application is made, and any discoveries that have been made in the area by any other person.

(2)The Minister must not grant an application for an authorisation unless he or she is satisfied that the applicant—

(a)has the technical qualifications (or has employees that have the technical qualifications), has access to the technical advice and has the financial resources that will be necessary to enable the geothermal energy exploration proposed in the application to be undertaken; and

(b)has the ability to comply with this Act.

(3)The Minister must not grant an authorisation in respect of an area unless he or she is satisfied that the size of the area is appropriate having regard to the geothermal energy exploration proposed in respect of the area by the person applying for the authorisation.

57DCriteria that apply to permit, lease and licence areas

(1)This section applies if any part of the area in respect of which a special access authorisation is sought falls within an area that is the subject of an exploration permit, a retention lease or an extraction licence.

(2)The Minister must not grant an authorisation in respect of that part of the area unless—

(a)he or she has taken into account the work program of the holder of the permit, lease or licence; and

(b)he or she is satisfied that the geothermal energy exploration proposed to be carried out under the authorisation will not be detrimental to, or unduly interfere with, any current or proposed future geothermal energy exploration of the holder of the permit, lease or licence; and

(c)the holder of the permit, lease or licence has consented in writing to the issue of the authorisation in respect of that part of the area.

57EException to section 57D

Despite section 57D(2)(c), the Minister may grant a special access authorisation in respect of an area that is the subject of an exploration permit, a retention lease or an extraction licence without the consent of the holder of the permit, lease or licence if—

(a)in the opinion of the Minister, the likely geological information to be gained if the authorisation is granted in respect of that area will be of significant benefit to Victoria; and

(b)the Minister—

(i)notifies the holder of the permit, lease or licence in writing that the Minister is proposing to exercise his or her powers under this section, and of the reasons why he or she is proposing to do so; and

(ii)gives the holder 28 days to make any submissions it wishes in relation to the proposal; and

(c)the Minister considers any submissions made in response to the notice and also takes into account any commercial consequences to the holder of the permit, lease or licence that may be likely if the authorisation is granted.

57FMinister may vary area to which authorisation applies

In granting a special access authorisation, the Minister may vary in any way he or she considers appropriate the size or the boundaries of the area in respect of which the authorisation was sought.

57GAuthorisation does not give exclusive rights

(1)The Minister may grant a special access authorisation in respect of an area, or any part of an area, that is already the subject of another special access authorisation.

(2)The Minister may grant an exploration permit, a retention lease or an extraction licence in respect of an area, or any part of an area, that is already the subject of a special access authorisation.

57HTerm of authorisation

(1)A special access authorisation continues in force for the period specified on the authorisation by the Minister, unless it is cancelled or surrendered earlier or unless this Act otherwise provides.

(2)The Minister may specify a period of up to 1 year on the authorisation.

57IExtension of term of authorisation

(1)On the application of the holder of a special access authorisation, the Minister may extend the period for which the authorisation remains in force by up to 1 year.

(2)The Minister may only grant such an extension once in relation to an authorisation.

57JPermit, lease or licence holder not liable for actions of authorisation holder

(1)This section applies if any part of the area in respect of which a special access authorisation is granted falls within an area that is the subject of an exploration permit, a retention lease or an extraction licence.

(2)The holder of the permit, lease or licence is not liable in any way for any thing that is done or not done by the holder of the authorisation.

(3)Subsection (2) applies even if the holder of the permit, lease or licence consented to the granting of the authorisation in respect of the permit, lease or licence area.

57KAuthorisation holder must give data to the Minister

(1)The holder of a special access authorisation must give a copy of all factual information obtained as a result of geothermal energy exploration carried out under the authorisation to the Minister within 30 days of the information being obtained.

Penalty:60 penalty units.

(2)A reference to factual information in this section includes any report compiled on the basis of information obtained under the authorisation.

57LAuthorisation holder must give data to permit, lease or licence holder

(1)This section applies if any part of a special access authorisation area falls within an area that is the subject of an exploration permit, a retention lease or an extraction licence.

(2)The holder of the authorisation must give a copy of any factual information obtained as a result of geothermal energy exploration carried out under the authorisation in that part of the area to the holder of the permit, lease or licence within 30 days after completing in that part of the area the geothermal energy exploration from which the information was obtained.

(3)If there is an agreement between the holder of the authorisation and the holder of the permit, lease or licence in relation to the supply of the information, that agreement prevails over anything to the contrary in this section.

(4)A person must not impose any conditions on the supply of information under this section.

(5)A person must comply with any obligation imposed on it by this section.

Penalty:60 penalty units.

PART 5B—SPECIAL DRILLING AUTHORISATIONS

57MSpecial drilling authorisation

(1)A special drilling authorisation authorises—

(a)a holder of an exploration permit, retention lease, extraction licence—

(i)to carry out geothermal energy exploration in the drilling authorisation area; and

(ii)to do anything in the drilling authorisation area that is necessary for the purposes of subparagraph (i);

(b)a holder of an extraction licence—

(i)to carry out geothermal energy extraction in the drilling authorisation area; and

(ii)to do anything in the drilling authorisation area that is necessary for the purposes of subparagraph (i).

(2)A special drilling authorisation does not give a current authority holder any rights in respect of resources in the drilling authorisation area.

57NApplication for special drilling authorisation

(1)A current authority holder may apply to the Minister for the grant of a special drilling authorisation in respect of an area adjacent to the area set out in the primary authorisation held by the holder.

(2)In addition to complying with section 58, an applicant for a special drilling authorisation must—

(a)describe and precisely identify the area in respect of which the authorisation is sought; and

(b)describe in detail the geothermal energy operation that the person seeks to carry out in that area; and

(c)submit details of—

(i)its relevant technical qualifications and of the relevant technical qualifications of its employees; and

(ii)the relevant technical advice available to it; and

(iii)the financial resources available to it.

57OGeneral criteria the Minister must consider

(1)The Minister must not grant an application for an authorisation unless the Minister is satisfied that the applicant holds a primary authorisation in respect of an area that is adjacent to the proposed drilling authorisation area.

(2)The Minister must not grant an authorisation in respect of an area unless the Minister is satisfied that the size of the area is appropriate having regard to the geothermal energy operation proposed in respect of the area by the person applying for the authorisation.

57PCriteria that apply to permit, lease and licence areas

(1)This section applies if any part of the area in respect of which a special drilling authorisation is sought falls within an area that is the subject of an exploration permit, retention lease or extraction licence held by a current authority holder who is not the applicant.

(2)The Minister must not grant an authorisation in respect of that part of the area unless that current authority holder has consented in writing to the issue of the authorisation in respect of that part of the area.

57QException to section 57P

Despite section 57P(2), the Minister may grant a special drilling authorisation in respect of an area that is the subject of a primary authorisation held by a current authority holder who is not the applicant without the consent of that holder if—

(a)the Minister—

(i)notifies that holder in writing that the Minister is proposing to exercise the Minister's powers under this section, and of the reasons why the Minister is proposing to do so; and

(ii)gives that holder 28 days to make any submissions it wishes in relation to the proposal; and

(b)the Minister considers any submissions made in response to the notice and also takes into account any commercial consequences to that holder that may be likely if the authorisation is granted.

57RMinister may vary area to which authorisation applies

In granting a special drilling authorisation, the Minister may vary in any way the Minister considers appropriate the size or the boundaries of the area in respect of which the authorisation was sought.

57SAuthorisation does not give exclusive rights

(1)The Minister may grant a special drilling authorisation in respect of an area, or any part of an area, that is already the subject of another special drilling authorisation.

(2)The Minister must not grant a special drilling authorisation in respect of an area, or any part of an area, that is already the subject of another special drilling authorisation unless—

(a)the Minister has taken into account the work program of the current holder of the special drilling authorisation; and

(b)the Minister is satisfied that the geothermal energy operation proposed to be carried out under the authorisation will not be detrimental to, or unduly interfere with, any current or proposed future geothermal energy operation of the current holder of the special drilling authorisation; and

(c)the current holder of the special drilling authorisation has consented in writing to the issue of another special drilling authorisation in respect of that part of the area.

(3)The Minister may grant an exploration permit, a retention lease or an extraction licence in respect of an area, or any part of an area, that is already the subject of a special drilling authorisation.

57TTerm of authorisation

A special drilling authorisation continues in force for the period specified in the authorisation by the Minister—

(a)until it is cancelled by the Minister; or

(b)until it is surrendered; or

(c)until a primary authorisation in respect of or adjacent to the drilling authorisation area specified in the authorisation expires or is surrendered, cancelled or terminated; or

(d)unless this Act otherwise provides.

57UExisting permit, lease or licence holder not liable for actions of authorisation holder

(1)This section applies if any part of the drilling authorisation area falls within an area that is the subject of a primary authorisation held by a current authority holder who is not the holder of a special drilling authorisation.

(2)The current authority holder is not liable in any way for any thing that is done or not done by the holder of the special drilling authorisation.

(3)Subsection (2) applies even if the current authority holder consented to the granting of the special drilling authorisation in respect of the drilling authorisation area.

57VAuthorisation holder must give data to the Minister

(1)The holder of a special drilling authorisation must give a copy of all factual information obtained as a result of a geothermal energy operation carried out under the authorisation to the Minister within 30 days of the information being obtained.

Penalty:60 penalty units.

(2)A reference to factual information in this section includes any report compiled on the basis of information obtained under the authorisation.

57WAuthorisation holder must give data to permit, lease or licence holder

(1)This section applies if any part of a special drilling authorisation area falls within an area that is the subject of a primary authorisation held by a current authority holder who is not the holder of the special drilling authorisation.

(2)The holder of a special drilling authorisation must give a copy of any factual information obtained as a result of a geothermal energy operation carried out under the authorisation in that part of the area to the current authority holder within 30 days after completing in that part of the area the operation from which the information was obtained.

(3)If there is an agreement between the holder of the authorisation and the current authority holder in relation to the supply of the information, that agreement prevails over anything to the contrary in this section.

(4)A person must not impose any conditions on the supply of information under this section.

(5)A person must comply with any obligation imposed on the person by this section.

Penalty:60 penalty units.

PART 6—PROVISIONS APPLYING TO AUTHORITIES GENERALLY

Division 1—Applications

58Applications for authorities

(1)An applicant for an authority—

(a)must apply for the authority in the manner required by the Minister; and

(b)must submit a proposed work program and details of how much the applicant intends to spend on each part of that program; and

(c)must submit details of any matter required by the Minister to enable the Minister to assess the application; and

(d)must submit evidence of the applicant's ability to comply with this Act; and

(e)may set out other matters for the consideration of the Minister.

(2)In the case of an applicant for a retention lease who does not intend to carry out any geothermal energy operations under the lease, it is sufficient compliance with subsection (1)(b) if the applicant submits a document declaring that intention.

59Applications are not transferable

An application for an authority is not transferable.

60Existing permits and leases continue until renewal applications etc. decided

(1)This section applies if—

(a)an application is made for—

(i)the renewal of an exploration permit; or

(ii)a retention lease in respect of an area held under an exploration permit; or

(iii)an extraction licence in respect of an area held under a retention lease or an exploration permit; and

(b)the application has not been determined at the time the original permit or lease is due to expire.

(2)The original permit or lease continues in force until the first of these events occurs—

(a)the Minister gives the applicant a written notice of refusal to grant the application; or

(b)if the application is granted, the lease, licence or new permit takes effect; or

(c)the application is withdrawn or lapses.

(3)If the application is not made in respect of exactly the same area to which the original permit or lease applies, subsection (2) only applies to the area that is common to the original permit or lease and the area in respect of which the application is made.

Division 2—Requirements

61Work programs

A work program in relation to an authority is a document that—

(a)outlines the work that it is intended to do under the authority; and

(b)outlines how the work is to be structured and the intended extent of the work; and

(c)sets out proposed timelines for the various phases of the work; and

(d)is in the form required by the regulations; and

(e)contains any other details required by the regulations.

61AProduction operations also override planning schemes

(1)The holder of an extraction licence may be granted a permit under a planning scheme to carry out in the licence area for that licence any geothermal energy extraction authorised by that licence.

(2)In addition, if the holder of the extraction licence holds a special drilling authorisation, the holder may be granted a permit under a planning scheme to carry out in the drilling authorisation area for that authorisation any geothermal energy extraction authorised by that authorisation.

(3)Subsections (1) and (2) apply despite anything to the contrary in a planning scheme that applies to a licence area or drilling authorisation area mentioned in those subsections.

Note

See also section 63A which sets out the statutory condition that applies to an authority.

62Planning permits

Despite the Planning and Environment Act 1987 and any planning scheme approved under that Act, the holder of an extraction licence or a special drilling authorisation is not required to obtain a permit under a planning scheme to carry out the geothermal energy extraction authorised by the licence or authorisation if—

(a)an Environment Effects Statement has been prepared under the Environment Effects Act 1978 in relation to the carrying out of the geothermal energy extraction; and

(b)an assessment of that Statement by the Minister administering the Environment Effects Act 1978 has been submitted to the Minister; and

(c)the Minister has, after consideration of the assessment, authorised the holder of the licence or the authorisation in writing to carry out the geothermal energy extraction.

Division 3—Conditions

63Conditions that may apply to authorities

(1)The Minister may specify that an authority to be granted is to be subject to any conditions that he or she considers to be appropriate.

(2)The Minister may also specify that a person must comply with any conditions that the Minister considers to be appropriate before the Minister will issue an authority to the person.

(3)Without limiting the conditions the Minister may specify under this section, the Minister may specify conditions—

(a)relating to the operations that are to be carried out under the authority;

(b)requiring the expenditure of a minimum amount of money in relation to operations under the authority;

(c)requiring the carrying out of approved work programs during the term of the authority;

(d)concerning the protection of the environment;

(e)concerning the rehabilitation of any land affected by operations under the authority;

(f)requiring compliance with any written directions of the Minister in relation to any matters covered by the authority that are not otherwise the subject of a condition;

(g)requiring the holder of the authority to obtain specified approvals or submit specified information to the Minister before beginning a specified operation or using specified equipment;

(h)requiring the holder of the authority to provide other specified information to the Minister.

63AStatutory condition of authority

(1)In addition to the conditions specified on the authority by the Minister under this Part, an authority is subject to the condition that the holder of the authority must comply with all applicable laws in carrying out any geothermal energy operation under the authority.

(2)Despite anything to the contrary in this Act (other than section 62 or Division 9 of Part 6) this condition cannot be varied.

63CFurther statutory condition of authority—agreements under Traditional Owner Settlement Act 2010

In addition to any other conditions, an authority is subject to the condition that the holder of the authority comply with any conditions specified in a land use activity agreement under section 31(3) of the Traditional Owner Settlement Act 2010 that were accepted by the applicant for the authority.

64Minister may vary conditions unilaterally

(1)The Minister may vary any condition imposed on an authority.

(2)To vary a condition, the Minister must—

(a)notify the holder of the authority in writing of the variation the Minister proposes to make and invite the holder to make any submissions in respect of the proposal within the time specified by the Minister; and

(b)consider any submissions made by the holder of the authority.

(3)The Minister must allow a period of at least 28 days for the holder to make submissions.

(4)If, after complying with subsection (2), the Minister decides to vary the condition, he or she must give the holder of the authority notice in writing of the decision.

(5)The Minister may only vary a condition on a retention lease or an extraction licence if at least 5 years have elapsed since the condition was imposed or last varied (whichever is the later event) under this section.

(6)For the purposes of subsection (5), a condition is not imposed or varied if the holder of the authority, in response to a notice under subsection (2)(a), does not object to the imposition or variation of the condition.

65Minister may vary conditions by consent

(1)On the application of the holder of an authority, the Minister may vary any condition imposed on the authority.

(2)In varying a condition under this section, the Minister—

(a)may also vary any condition that is associated with the condition that is to be varied; and

(b)need not vary the condition in exactly the way sought in the application.

(3)The holder of the authority may withdraw an application if the Minister indicates that he or she will exercise his or her powers under subsection (2) in granting the application.

(4)The Minister may not, under this section, vary a condition imposed on an authority if the holder of the authority has withdrawn their application to vary the condition.

66Variation of conditions on renewal, consolidation or transfer

(1)The Minister may vary the conditions that apply to an authority on renewing, wholly transferring or consolidating that authority.

(2)On transferring part of an authority area to another authority, the Minister may vary the conditions that apply to the area that is being transferred.

67Suspension of conditions

(1)On the application of the holder of an authority, the Minister may suspend any condition imposed on an authority for a period of up to 1 year.

(2)In suspending a condition under this section, the Minister—

(a)may also suspend any associated condition; and

(b)need not suspend the condition in exactly the way, or on the terms, sought in the application; and

(c)may impose conditions in relation to the suspension.

(3)The holder of the authority may withdraw an application if the Minister indicates that he or she will exercise his or her powers under subsection (2) in granting the application.

(4)The Minister may not, under this section, suspend a condition imposed on an authority if the holder of the authority has withdrawn the application to suspend the condition.

(5)The holder of an authority that has a condition suspended must comply with any conditions imposed by the Minister under subsection (2)(c).

Penalty:240 penalty units.

(6)While a condition of an authority is suspended, the holder of the authority need not comply with the condition.

(7)Subsection (6) does not apply during any time that the holder of the authority is not complying with a condition imposed under subsection (2)(c).

(8)The Minister may suspend under this section all of the conditions that apply to an authority.

68Term of authority may be extended if condition suspended

If the Minister suspends a condition of an authority, the Minister may also extend the term of the authority by a period not exceeding the period of the suspension.

Division 4—Transfers of authorities

69Transfers

(1)The holder of an authority must not transfer the authority or any legal or equitable interest in the authority to another person, unless the holder or the person to whom the authority is to be transferred has applied and obtained the approval of the Minister to the transfer.

(2)A person applying for the approval of a transfer—

(a)must apply for the approval in the manner required by the Minister; and

(b)must submit the following details concerning the person to whom the authority is to be transferred—

(i)the person's relevant technical qualifications and the relevant technical qualifications of the person's employees; and

(ii)the relevant technical advice available to the person; and

(iii)the financial resources available to the person; and

(c)must submit evidence of the ability of the person to whom the authority is to be transferred to comply with this Act; and

(d)must submit any other details or matter required by the Minister to enable the Minister to assess the application; and

(e)may set out other matters that the person wishes the Minister to consider; and

134Copies of certain seized things to be given

(1)If an inspector seizes—

(a)a document; or

(b)a thing that can be readily copied; or

(c)a storage device the information in which can be readily copied—

the inspector must give a copy of the thing or information to the owner or custodian of the document, thing or device as soon as practicable after the seizure.

(2)Subsection (1) does not apply—

(a)to any document, thing or device moved under section 135(2); or

(b)if the inspector is unable to discover the identity of the owner or custodian of any document, thing or device seized.

135Use of equipment to examine or process things

(1)An inspector may bring on to any premises any equipment reasonably necessary for the examination or processing of things found at the premises in order to determine whether they are things that may be seized.

(2)If—

(a)it is not practicable to examine or process the things at the premises; or

(b)the occupier of the premises consents in writing—

the things may be moved to another place so that the examination or processing can be carried out in order to determine whether they are things that may be seized.

(3)The inspector, or a person assisting the inspector, may operate equipment already at the premises to carry out the examination or processing of a thing found at the premises in order to determine whether it is a thing that may be seized, if the inspector or person assisting believes on reasonable grounds that—

(a)the equipment is suitable for the examination or processing; and

(b)the examination or processing can be carried out without damage to the equipment or the thing.

136Use or seizure of electronic equipment at premises

(1)If—

(a)a thing found at any premises is, or includes, a disk, tape or other device for the storage of information; and

(b)equipment at the premises may be used with the disk, tape or other storage device; and

(c)the inspector believes on reasonable grounds that the information stored on the disk, tape or other storage device is relevant to determine whether this Act has been contravened—

the inspector or a person assisting the inspector may operate, or may require the occupier or an employee of the occupier to operate, the equipment to access the information.

(2)If the inspector or a person assisting the inspector finds that a disk, tape or other storage device at the premises contains information of the kind referred to in subsection (1)(c), he or she may—

(a)put the information in documentary form and seize the documents so produced; or

(b)copy the information to another disk, tape or other storage device and remove that storage device from the premises; or

(c)if it is not practicable to put the information in documentary form nor to copy the information, seize the disk, tape or other storage device and the equipment that enables the information to be accessed.

(3)An inspector or a person assisting an inspector must not operate or seize equipment for the purpose mentioned in this section unless the inspector or person assisting believes on reasonable grounds that the operation or seizure of the equipment can be carried out without damage to the equipment.

137Compensation for damage

(1)The Minister must pay compensation for any damage caused by an inspector, or a person assisting an inspector, in exercising (or purporting to exercise) any power conferred by this Act.

(2)Despite subsection (1), the Minister is not liable to pay compensation for any damage caused during any inspection that reveals that there has been a contravention of this Act.

(3)In determining the amount of compensation payable in relation to any damage caused to electronic equipment, regard is to be had to whether the occupier of the premises and the employees and agents of the occupier, if they were available at the time, had provided any warning or guidance as to the operation of the equipment that was appropriate in the circumstances.

138Return of seized things

(1)If an inspector seizes a thing under this Act, the inspector must take reasonable steps to return the thing to the person from whom it was seized if the reason for its seizure no longer exists.

(2)If the thing has not been returned before the end of the retention period, the inspector must take reasonable steps to return it unless—

(a)proceedings have commenced within the retention period and those proceedings (including any appeal) have not been completed; or

(b)a court makes an order under section 139 extending the retention period.

139Magistrates' Court may extend period

(1)An inspector may apply to the Magistrates' Court within the retention period or within a period extended by the Court under this section for an extension of that period.

(2)The Magistrates' Court may order such an extension if satisfied that retention of the thing is necessary—

(a)for the purposes of an investigation into whether an offence has been committed; or

(b)to enable evidence of an offence to be obtained for the purposes of a prosecution.

(3)The Court may adjourn an application to enable notice of the application to be given to any person.

140Power of inspector to require information or documents

(1)An inspector who—

(a)exercises a power of entry under this Act; and

(b)produces his or her identity card for inspection by a person—

may, to the extent that is reasonably necessary to determine whether this Act has been contravened or whether there exists a risk of a kind referred to in section 126(1), require the person to give information to the inspector, to produce documents to the inspector and to give reasonable assistance to the inspector.

(2)An inspector must notify a person of the provisions of section 142 before requiring the person to give information to the inspector or to produce documents to the inspector.

(3)A person must not refuse or fail, without reasonable excuse, to comply with a requirement made under subsection (1).

Penalty:60 penalty units.

(4)A person must not, in response to a request under this Division—

(a)give information that the person knows to be false or misleading in a material detail; or

(b)produce a document that the person knows to be false or misleading in a material detail without indicating the respect in which it is false or misleading and, if practicable, providing correct information.

Penalty:60 penalty units.

141Refusal or failure to comply with requirement

A person must not, without reasonable excuse, refuse or fail to comply with a requirement of an inspector under this Part.

Penalty:60 penalty units.

142Protection against self-incrimination

(1)It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under this Act, if the giving of the information or the doing of that other thing would tend to incriminate the person.

(2)Despite subsection (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce by or under this Act, if the production of the document would tend to incriminate the person.

143Offence to obstruct inspector

A person must not—

(a)obstruct or hinder; or

(b)refuse admission to any premises to—

an inspector, or any person necessarily assisting an inspector, while the inspector is exercising a power given to the inspector by this Act in accordance with this Act.

Penalty:60 penalty units.

Division 2—Improvement and prohibition notices

144Improvement notice

(1)This section applies if the Minister is satisfied that the holder of an authority—

(a)is contravening this Act; or

(b)has contravened this Act in circumstances that make it likely that the contravention will occur again; or

(c)is not complying with a condition of the authority; or

(d)has failed to comply with a condition of the authority in circumstances that make it likely that the failure will occur again.

(2)The Minister may issue to the holder of the authority an improvement notice requiring the holder to take specified action within a specified period to stop the contravention, or failure to comply, from continuing or occurring again.

(3)The holder of the authority must comply with the notice.

Penalty:240 penalty units.

145Prohibition notice

(1)This section applies if an activity or event is occurring, or is likely to occur, in an authority area that, in the opinion of the Minister, creates an immediate risk—

(a)to any member of the public; or

(b)that property may be seriously damaged; or

(c)that significant damage may occur to the environment; or

(d)that significant damage may occur to any geothermal energy or geothermal energy resource.

(2)The Minister may issue to the holder of the authority a prohibition notice prohibiting the holder—

(a)from carrying out, or continuing to carry out, any geothermal energy operation, or any activity relating to a geothermal energy operation, in the authority area; or

(b)from taking any specified action in the authority area—

until the Minister certifies in writing that any direction included in the prohibition notice has been complied with, or until the expiry of a specified period.

(3)The Minister—

(a)may include in the notice directions as to measures to be taken to remove or reduce the risk to which the notice relates;

(b)must specify in the notice from when the prohibition is to take effect.

(4)The holder of the authority must comply with the notice.

Penalty:600 penalty units.

(5)If the holder of an authority fails to comply with a notice given under this section, the holder is guilty of an offence for each day the failure to comply in respect of which the notice was given continues after the relevant prohibition takes effect.

Penalty:20 penalty units for each day the offence continues after the prohibition takes effect.

146Right to review

(1)A person may apply to the Tribunal for a review of a decision by the Minister to issue an improvement or prohibition notice.

(2)An application for a review must be made within 28 days after the later of—

(a)the day on which the decision is made;

(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

(3)Despite section 144(3), the holder of an authority that applies for a review of the issue of an improvement notice need not comply with the notice until—

(a)the Tribunal affirms the notice; or

(b)the holder abandons the application for the review or receives written notice that the Tribunal has dismissed the application.

147Defences to charge of failing to comply with a notice

(1)In a proceeding for an offence of failing to comply with an improvement notice, it is a defence to the charge for the accused to prove that the accused did not contravene this Act, or fail to comply with a condition of an authority, in the manner set out in the improvement notice.

(2)In a proceeding for an offence of failing to comply with an improvement or prohibition notice, it is a defence to the charge for the accused to prove that the accused took all reasonable steps to comply with the notice.

Division 3—Offences

148Offences by corporations also offences by officers

(1)This section applies if—

(a)an offence is committed against this Act by a corporation; and

(b)the offence is proved to have been committed at the instigation of, or with the consent or connivance of, or to have been attributable to any wilful neglect on the part of, an officer of the corporation.

(2)The officer is also guilty of the offence and is liable to the penalty for that offence.

149Offences by partners

(1)This section applies if a person holds an authority in partnership with one or more other people.

(2)The person is also guilty of any offence against this Act that the person's partner or partners are found guilty of in acting, or purporting to act, on behalf of the partnership, and is liable to the penalty for that offence.

150Offences by joint venturers

(1)This section applies if a person holds an authority as part of a joint venture with one or more other people.

(2)The person is also guilty of any offence against this Act that the other person is, or that the other persons are, found guilty of in acting, or purporting to act, on behalf of the joint venture, and is liable to the penalty for that offence.

151Offences by employees and agents

(1)This section applies if a person who commits an offence under this Act committed the offence while acting—

(a)for or on behalf of another person; and

(b)within the scope of the actual or apparent authority given to him or her by the other person.

(2)The other person is also guilty of the offence and is liable to the penalty for that offence.

PART 13—ADMINISTRATION

Division 1—Geothermal energy register

152Establishment of register

The Minister must cause a geothermal energy register to be established and maintained.

153Effect of registration

The following items have no effect until a document that is in a form specified, or approved, by the Minister and that contains evidence of the item is registered in the geothermal energy register—

(a)authorities;

(b)variations, cancellations, suspensions, extensions, or the surrender of all or part of an authority or the conditions of an authority;

(c)any part of an agreement that purports to create, transfer, assign, devolve or affect any interest in, or conferred by, an authority;

(d)unit development agreements;

(e)any other document that is required to be registered under section 154.

154Other documents to be registered

The Minister, by notice published in the Government Gazette, may require that a document of a specified kind relating to an authority be registered.

155Entries in register on devolution of title

(1)The devolution by operation of law of any rights under an authority, or any interest in, or conferred by, an authority, has no effect until a document in a form approved by the Minister that provides evidence of the devolution is registered in the geothermal energy register.

(2)Subsection (1) applies despite anything to the contrary in any Act or rule of law.

(3)Nothing in this section limits any discretion conferred on the Minister by Division 4 of Part 6.

156Registration

(1)To register a document, the Minister must—

(a)either—

(i)enter details of the document in the geothermal energy register; or

(ii)lodge a copy of the document in the register; and

(b)enter in the register the date the details were entered or the document was lodged; and

(c)give the person who sought registration of the document a copy of the document endorsed with a notation that the document has been registered and details of the date and time entered in the register under paragraph (b).

(2)The Minister may—

(a)determine what details of a document are to be lodged in the register;

(b)require that documents of a particular type be in a specified form before accepting them for registration;

(c)require that documents of a particular type contain specified information before accepting them for registration.

157Effect of registration

The registration of a document does not give any right, interest or dealing that is evidenced by that document any force or effect that the right, interest or dealing would not have had if this Part had not been enacted.

158Inspection of register and documents

(1)On the payment of any fee required by the regulations, a person may inspect the geothermal energy register and any documents that form part of the register at any time that the office in which the register is kept is open for business.

(2)On the payment of any fee required by the regulations, a person may obtain a copy of any entry or document in the geothermal energy register.

159Minister's certificates

(1)A certificate certifying as to any matter relating to the contents of the geothermal energy register and purporting to be signed by the Minister is admissible in evidence in any proceeding as evidence of the matter certified.

(2)The Minister may supply such a certificate to any person who applies for the certificate and pays any fee required by the regulations for the purposes of this section.

160Minister may make corrections to register

(1)The Minister may alter the geothermal energy register to correct a clerical error or an obvious defect in the register.

(2)The Minister may, on application being made in writing to the Minister by a person or on his or her own initiative, make any entries in the register that the Minister considers appropriate for the purposes of ensuring that the register accurately records the interests and rights existing in relation to an authority.

(3)The Minister must give the holder of the authority to which an alteration relates written details of the alteration.

161Right to review of register entries

(1)A person may apply to the Tribunal for a review of the Minister's decision to make or vary an entry in the geothermal energy register under section 160.

(2)An application for a review must be made within 28 days after the later of—

(a)the day on which the decision is made;

(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

162Offences relating to the register

A person must not wilfully—

(a)make, cause to be made, or concur in making, a false entry in the geothermal energy register; or

(b)produce or tender in evidence a document falsely purporting to be a copy of, or extract from, an entry in the register or of or from a document lodged with the Minister under this Part.

Penalty:120 penalty units.

163Officials must not disclose information

(1)A person must not disclose any information that is obtained by him or her while exercising a power conferred by this Act.

Penalty:240 penalty units.

(2)A person must not use any such information to obtain directly or indirectly any pecuniary advantage for himself or herself or for any other person.

Penalty:240 penalty units.

(3)However, a person may disclose or use such information if—

(a)the disclosure or use is made in the performance of a duty under, or in connection with, this Act; or

(b)the person has the consent of the person to whom the information belongs; or

(c)the disclosure or use is made in legal proceedings at the direction of a court; or

(d)the information is in the public domain at the time it is disclosed or used.

(4)Subsection (3) is not intended to interfere with any rights another person may have with regard to the disclosure or use of the information.

Division 2—Other administrative matters

164Minister may require further information

The Minister may require an applicant under this Act to provide the Minister with more information concerning an application and may require the applicant to provide the information within the time specified in the request.

165Form of documents

(1)Each document that a person submits to the Minister under this Act must be in the form, if any, required by the Minister.

(2)Each authority or other document that the Minister issues under this Act is to be in the form determined by the Minister.

166Delegation

(1)The Minister may, in writing, delegate to any person employed in the Department any power of the Minister under this Act, other than this power of delegation.

(2)The Secretary of the Department may, in writing, delegate to any person employed in the Department any power of the Secretary under this Act, other than this power of delegation.

166ASurveys and drilling operations

(1)The Minister may authorise in writing any person to enter, or fly over, any land for the purpose of making a land, geothermal or geological survey on behalf of the Department.

(2)The Minister may authorise in writing any person to enter any land for the purpose of the carrying out by the Department of any drilling operations for the purpose of carrying out geothermal or geological tests.

(3)A person authorised to enter land under subsection (1) or (2)—

(a)may do any thing on the land that is necessary for the purposes of the survey or drilling operations; and

(b)must cause as little harm and inconvenience and do as little damage as possible to the land and anything on or growing on the land; and

(c)must remain on the land only for so long as is reasonably necessary; and

(d)must remove from the land on completion of the survey or drilling operations all plant, machinery, equipment, goods or buildings brought onto, or erected on, the land other than any of those things that the owner or occupier agrees may be left on the land; and

(e)must leave the land, as nearly as possible, in the condition in which it was immediately before the commencement of the survey or drilling operations; and

(f)must use the person's best endeavours to co‑operate with the owner and occupier.

(4)Part 8 applies to any survey under subsection (1) or drilling operations under subsection (2)—

(a)as if a reference in that Part to an authority holder were a reference to the Department; and

(b)as if a reference in that Part to the carrying out of a geothermal energy operation were a reference to the carrying out of the survey or drilling operations, as the case requires.

Division 3—Fees and penalties

167Applications not to be processed unless fee paid

If the regulations require the payment of a fee for an application under this Act, the application must not be considered until the fee is paid.

168Fees and penalties debts due to the State

A fee, royalty or other amount payable under this Act is a debt due to the State by the person by whom the amount is payable and is recoverable in any court of competent jurisdiction.

PART 14—REGULATIONS

169Regulations

(1)The Governor in Council may make regulations for or with respect to—

(a)determining the dimensions, boundaries, form, position and extent of an authority area; and

(b)determining the requirements to be complied with by people who wish to acquire authorities; and

(c)prescribing conditions that are to apply to a particular type of authority or to authorities generally; and

(d)prescribing the fees payable for authorities, and the fees for applications, the processing of applications, renewals, authority variations and extensions, surveys, inspections by inspectors, technical and other assessments undertaken by the Department or its agents, exemptions, registrations in the geothermal energy register, inspection of the geothermal energy register and access to released information; and

(e)prescribing annual fees payable by the holders of authorities; and

(f)prescribing the rent that is payable by the holders of authorities for occupying Crown land; and

(g)requiring the holders of authorities to submit specified information to the Minister and to keep specified information, records and samples; and

(h)requiring information to be contained in work programs, development plans, unit developments, operation plans, and other plans, manuals and reports required of authority holders; and

(i)the geothermal energy register and the documents to be registered; and

(j)regulating the extraction and treatment of geothermal energy and geothermal energy resources under an authority; and

(k)regulating unit agreements; and

(l)generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2)The regulations—

(a)may be of general or of specially limited application; and

(b)may differ according to differences in time, place or circumstance; and

(c)may require a matter affected by the regulations to be—

(i)in accordance with a specified standard or specified requirement; or

(ii)approved by or to the satisfaction of a specified person or a specified class of person; or

(iii)as specified in both subparagraphs (i) and (ii); and

(d)may apply, adopt or incorporate any matter contained in any document whether—

(i)wholly or partially or as amended by the regulations; or

(ii)as in force at a particular time or as in force from time to time; and

(e)may confer a discretionary authority or impose a duty on a specified person or a specified class of person; and

(f)may provide in a specified case or class of case for the exemption of activities or operations from all or any of the provisions of this Act, whether unconditionally or on specified conditions, and either wholly or to such an extent as is specified; and

(g)may impose a penalty not exceeding 20 penalty units for a contravention of the regulations; and

(h)may be expressed as requiring the achievement of a specified object in relation to any particular subject matter.

PART 15—AMENDMENTS AND TRANSITIONAL PROVISIONS

*                *                *                *                *

175Effect on existing authorities and activities

(1)Nothing in this Act affects the operation of a licence, permit or other authority issued under the Water Act 1989 that was in force immediately before the commencement of section 17.

(2)Any geothermal energy extraction operation that was being carried out immediately before the commencement of section 42 is deemed to be authorised by an extraction licence issued under and subject to this Act.

(3)The Minister may, within 24 months after the commencement of section 42—

(a)impose any conditions or limitations on a licence referred to in subsection (2); and

(b)issue an extraction licence under this Act as documentary evidence of a licence referred to in subsection (2).

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 1 December 2004

Legislative Council: 24 March 2005

The long title for the Bill for this Act was "to facilitate and regulate geothermal energy exploration and extraction in Victoria, to amend the Petroleum (Submerged Lands) Act 1982 and for other purposes."

The Geothermal Energy Resources Act 2005 was assented to on 27 April 2005 and came into operation as follows:

Part 1 (sections 1–16) on 27 April 2005: section 2(1); rest of Act on 4 April 2006: Special Gazette (No. 104) 4 April 2006 page 1.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Geothermal Energy Resources Act 2005 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Aboriginal Heritage Act 2006, No. 16/2006

Assent Date:	9.5.06
Commencement Date:	S. 198(Sch. 2 item 4) on 28.5.07: Government Gazette 24.5.07 p. 921
CurrentState:	This information relates only to the provision/s amending the Geothermal Energy Resources Act 2005

Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006

Assent Date:	29.8.06
Commencement Date:	S. 61(Sch. item 17) on 30.8.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Geothermal Energy Resources Act 2005

Motor Car Traders Amendment Act 2008, No. 4/2008

Assent Date:	4.3.08
Commencement Date:	S. 32(Sch. item 13) on 1.12.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Geothermal Energy Resources Act 2005

Energy and Resources Legislation Amendment Act 2008, No. 25/2008

Assent Date:	3.6.08
Commencement Date:	Ss 9–11 on 4.6.08: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Geothermal Energy Resources Act 2005

Offshore Petroleum and Greenhouse Gas Storage Act 2010, No. 10/2010

Assent Date:	23.3.10
Commencement Date:	S. 800(Sch. 6 item 5) on 1.1.12: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Geothermal Energy Resources Act 2005

Energy and Resources Legislation Amendment Act 2010, No. 55/2010

Assent Date:	14.9.10
Commencement Date:	Ss 67–74 on 14.10.10: Government Gazette 14.10.10 p. 2404
CurrentState:	This information relates only to the provision/s amending the Geothermal Energy Resources Act 2005

Traditional Owner Settlement Act 2010, No. 62/2010

Assent Date:	21.9.10
Commencement Date:	S. 138 on 23.9.10: Special Gazette (No. 382) 22.9.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Geothermal Energy Resources Act 2005

Personal Property Securities (Statute Law Revision and Implementation) Act 2010, No. 74/2010

Assent Date:	19.10.10
Commencement Date:	S. 27 on 30.1.12: Special Gazette (No. 423) 21.12.11 p. 3
CurrentState:	This information relates only to the provision/s amending the Geothermal Energy Resources Act 2005

Resources Legislation Amendment Act 2011, No. 53/2011

Assent Date:	18.10.11
Commencement Date:	S. 10 on 20.3.12: Special Gazette (No. 91) 20.3.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Geothermal Energy Resources Act 2005

Water Amendment (Governance and Other Reforms) Act 2012, No. 17/2012

Assent Date:	3.4.12
Commencement Date:	S. 87 on 1.7.12: Special Gazette (No. 172) 29.5.12 p. 1
Current State:	This information relates only to the provision/s amending the Geothermal Energy Resources Act 2005

Resources Legislation Amendment (General) Act 2012, No. 64/2012

Assent Date:	30.10.12
Commencement Date:	Ss 3–12 on 1.12.12: Special Gazette (No. 399) 27.11.12 p. 1
Current State:	This information relates only to the provision/s amending the Geothermal Energy Resources Act 2005

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 4(Sch. 2 item 21) on 1.12.13: s. 2(1)
Current State:	This information relates only to the provision/s amending the Geothermal Energy Resources Act 2005

Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014, No. 68/2014

Assent Date:	23.9.14
Commencement Date:	S. 4 on 1.9.15: s. 2(3)
Current State:	This information relates only to the provision/s amending the Geothermal Energy Resources Act 2005

Environment Protection Amendment Act 2018, No. 39/2018 (as amended by No. 11/2020)

Assent Date:	28.8.18
Commencement Date:	S. 38 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1
CurrentState:	This information relates only to the provision/s amending the Geothermal Energy Resources Act 2005

Statute Law Revision Act 2025, No. 41/2025

Assent Date:	21.10.25
Commencement Date:	S. 4(Sch. 2 item 15) on 22.10.25: s. 2
CurrentState:	This information relates only to the provision/s amending the Geothermal Energy Resources Act 2005

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3   Explanatory details

No entries at date of publication.