Search

Queensland Consolidated Acts

Search AustLII

▼
Search Options
  • Advanced Search…
×
Close
  • Specific Year
    Any

GEOTHERMAL ENERGY ACT 2010 - As at 21 November 2022 - Act 31 of 2010

- As at 21 November 2022 - Act 31 of 2010

Table of Provisions

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

  • 1 Short title
  • 2 Commencement

PART 2 - PURPOSES AND APPLICATION OF ACT

PART 3 - INTERPRETATION

Division 1 - Dictionary

Division 2 - Key definitions

Subdivision 1 - Key concepts

PART 4 - STATE OWNERSHIP OF GEOTHERMAL ENERGY

CHAPTER 2 - GEOTHERMAL EXPLORATION PERMITS

Notes—

PART 1 - KEY AUTHORISED ACTIVITIES

  • 30 Operation of pt 1
  • 31 Principal authorised activities
  • 32 Incidental activities

PART 2 - OBTAINING GEOTHERMAL PERMIT

Division 1 - Restricted areas

  • 33 Minister’s power to decide restricted areas for geothermal tenures
  • 34 Amendment or cancellation of restricted area

Division 2 - Applying for geothermal permit

  • 35 Who may apply
  • 36 Requirements for making application
  • 36A Rejection of application if applicant disqualified

Division 3 - Deciding application

  • 37 Restriction on deciding during application period for released area
  • 38 Effect of identification of restricted area on application
  • 39 Deciding whether to grant geothermal permit
  • 40 Provisions and granting of geothermal permit
  • 41 Criteria for decisions
  • 42 Notice of decision

Division 4 - Priority for deciding competing geothermal permit applications

  • 43 Priority for deciding competing applications

PART 3 - WORK PROGRAMS

Division 1 - Function and purpose

  • 44 Function and purpose

Division 2 - Requirements for proposed initial work programs

  • 45 Operation of div 2
  • 46 Program period
  • 47 General requirements
  • 48 Water issues

Division 3 - Approval of proposed initial work programs

Note—
  • 49 Criteria
  • 50 Verification may be required

Division 4 - Requirements for proposed later work programs

  • 51 Operation of div 4
  • 52 General requirements
  • 53 Program period
  • 54 Implementation of evaluation program for potential geothermal commercial area

Division 5 - Approval of proposed later work programs

  • 55 Application of div 5
  • 56 Geothermal permit taken to have work program until decision on whether to approve proposed program
  • 57 Deciding whether to approve proposed program
  • 58 Steps after, and taking effect of, decision

Division 6 - Amending work programs

  • 59 Restrictions on amending work program
  • 60 Applying for approval to amend
  • 61 Verification
  • 62 Deciding application
  • 63 Steps after, and taking effect of, decision

PART 4 - POTENTIAL GEOTHERMAL COMMERCIAL AREAS

  • 64 Purpose of potential geothermal commercial area
  • 65 Applying for potential geothermal commercial area
  • 66 Deciding potential geothermal commercial area application
  • 67 Inclusion of evaluation program in work program
  • 68 Term of declaration
  • 69 Potential geothermal commercial area still part of geothermal permit
  • 70 Effect of ending of declaration of potential geothermal commercial area

PART 5 - PROVISIONS TO FACILITATE TRANSITION TO GEOTHERMAL LEASE

  • 71 Application of pt 5
  • 72 Ministerial direction to apply for geothermal lease
  • 73 Taking proposed action

CHAPTER 3 - GEOTHERMAL PRODUCTION LEASES

Notes—

PART 1 - KEY AUTHORISED ACTIVITIES

  • 74 Operation of pt 1
  • 75 Principal authorised activities
  • 76 Incidental activities

PART 2 - TRANSITION FROM GEOTHERMAL PERMIT TO GEOTHERMAL LEASE

Division 1 - Applying for geothermal lease

  • 77 Who may apply
  • 78 Requirements for making application
  • 78A Rejection of application if applicant disqualified
  • 79 Continuing effect of geothermal permit for application

Division 2 - Deciding application

  • 80 Deciding whether to grant geothermal lease
  • 81 Requirements for grant
  • 82 Provisions and granting of geothermal lease
  • 83 Provisions about grant and conditions of geothermal lease for coordinated project
  • 84 Information notice about refusal
  • 85 When refusal takes effect

PART 3 - DEVELOPMENT PLANS

Division 1 - Function and purpose

  • 86 Function and purpose

Division 2 - Requirements for proposed initial development plans

  • 87 Operation of div 2
  • 88 Plan period
  • 89 General requirements
  • 90 Water issues

Division 3 - Approval of proposed initial development plans

Note—
  • 91 Criteria
  • 92 Verification may be required

Division 4 - Requirements for proposed later development plans

  • 93 Operation of div 4
  • 94 General requirements

Division 5 - Approval of proposed later development plans

  • 95 Application of div 5
  • 96 Geothermal lease taken to have development plan until decision on whether to approve proposed plan
  • 97 Deciding whether to approve proposed plan
  • 98 Steps after, and taking effect of, decision

Division 6 - Amending development plans

  • 99 Restrictions on amendment
  • 100 Applying for approval to amend
  • 101 Verification
  • 102 Deciding application
  • 103 Steps after, and taking effect of, decision

PART 4 - ROYALTY ON GEOTHERMAL PRODUCTION

  • 104 Imposition of geothermal royalty on geothermal producers
  • 105 Regulation for geothermal royalty
  • 106 Obligation to lodge royalty returns
  • 107 Confidentiality
  • 108 Refusal of disclosure of particular information

CHAPTER 4 - GENERAL MANDATORY CONDITIONS FOR GEOTHERMAL TENURES

Notes—

PART 1 - GEOTHERMAL PERMITS

Division 1 - Standard relinquishment condition and related provisions

  • 109 Standard relinquishment condition
  • 110 Consequence of failure to comply with relinquishment condition
  • 111 Part usually required to be relinquished
  • 112 Relinquishment must be by blocks or sub-blocks
  • 113 Blocks or sub-blocks that can not be counted towards relinquishment
  • 114 Adjustments for blocks or sub-blocks that can not be counted
  • 115 Adjustment for particular potential geothermal commercial areas

Division 2 - Conditions relating to work programs

Division 3 - Conditions relating to production testing

  • 120 Compliance with test plan for production testing
  • 121 Requirement of geothermal tenure holder to report outcome of production testing

PART 2 - GEOTHERMAL LEASES

PART 3 - ALL GEOTHERMAL TENURES

  • 127 Water Act authorisation required for taking or interfering with water
  • 128 Obligation to consult with particular owners and occupiers
  • 129 Compliance with land access code
  • 130 Annual rent
  • 131 Civil penalty for nonpayment of annual rent
  • 132 Obligation to comply with Act and prescribed standards
  • 133 Obligation to survey if Minister requires
  • 133A Power to impose or amend condition if changed holder of geothermal tenure

CHAPTER 5 - COORDINATION WITH PARTICULAR AUTHORITIES UNDER OTHER RESOURCE ACTS

PART 1 - PRELIMINARY

  • 134 Relationship with chs 2, 3 and 6
  • 135 What is an overlapping resource authority
  • 136 What is an exploration authority (non-geothermal)
  • 137 Relationship with other resource Acts and overlapping resource authorities

PART 2 - GEOTHERMAL COORDINATION ARRANGEMENTS FOR OVERLAPPING RESOURCE AUTHORITIES

Division 1 - Making of arrangements

  • 138 Power to make arrangement
  • 139 Other provisions about and effect of geothermal coordination arrangement
  • 140 Applying for ministerial approval of proposed geothermal coordination arrangement
  • 141 Ministerial approval of proposed geothermal coordination arrangement
  • 142 Approval does not confer right to renew

Division 2 - Amendment and cancellation

  • 143 Amendment or cancellation by parties to arrangement
  • 144 Minister’s power to cancel arrangement
  • 145 Cancellation does not affect relevant authorities

PART 3 - OBTAINING GEOTHERMAL LEASE IF OVERLAPPING RESOURCE AUTHORITY

Division 1 - Preliminary

  • 146 Application of pt 3

Division 2 - Requirements for application

  • 147 Requirements for making application
  • 148 Content requirements for geothermal statement

Division 3 - Consultation provisions

  • 149 Applicant’s information obligation
  • 150 Submissions by overlapping resource authority holder

Division 4 - Resource management decision if overlapping exploration authority (non-geothermal)

  • 151 Application of div 4
  • 152 Resource management decision
  • 153 Criteria for decision
  • 154 Restrictions on giving overlapping authority priority

Division 5 - Process if resource management decision is to give overlapping authority priority

  • 155 Application of div 5
  • 156 Notice to applicant and overlapping resource authority holder
  • 157 Relevant lease application for all of the land
  • 158 Relevant lease application for part of the land
  • 159 No relevant lease application

Division 6 - Resource management decision not to grant and not to give priority

  • 160 Lapsing of application

Division 7 - Deciding application

  • 161 Application of div 7
  • 162 Application may be refused if no reasonable prospects of geothermal coordination arrangement
  • 163 Additional criteria for deciding provisions of geothermal lease
  • 164 Publication of outcome of application

PART 4 - PRIORITY TO PARTICULAR HIGHER TENURE APPLICATIONS UNDER OTHER RESOURCE ACTS

  • 165 Earlier GHG, mining or petroleum lease application
  • 166 Proposed GHG, mining or petroleum lease for which EIS approval given
  • 167 Proposed GHG, mining or petroleum lease declared a coordinated project

PART 5 - GEOTHERMAL LEASE APPLICATIONS IN RESPONSE TO INVITATION UNDER ANOTHER RESOURCE ACT

  • 168 Application of pt 5
  • 169 Additional ground for refusing application

PART 6 - ADDITIONAL PROVISIONS FOR GEOTHERMAL TENURES

Division 1 - Restrictions on authorised activities other than for geothermal leases

  • 170 Overlapping GHG, mining or petroleum lease
  • 171 Overlapping exploration authority (non-geothermal)
  • 172 Resolving disputes

Division 2 - Additional conditions

  • 173 Notice of grant by particular geothermal permit holders
  • 174 Condition to notify particular other authority holders of proposed start of particular authorised activities
  • 175 Continuance of geothermal coordination arrangement after transfer

Division 3 - Restriction on Minister’s power to amend geothermal lease if overlapping resource authority

  • 176 Interests of overlapping resource authority holder to be considered

PART 7 - ADDITIONAL PROVISIONS FOR DEVELOPMENT PLANS IF OVERLAPPING RESOURCE AUTHORITY

  • 177 Operation of pt 7
  • 178 Statement about interests of overlapping resource authority holder
  • 179 Consistency with overlapping resource authority’s development plan and with any relevant coordination arrangement
  • 180 Additional criteria for approval

PART 8 - ADDITIONAL PROVISIONS FOR SAFETY MANAGEMENT PLANS

  • 181 Grant of geothermal lease does not affect obligation to make plan
  • 182 Requirements for consultation with particular overlapping resource authority holders
  • 183 Application of P&G Act provisions for resolving disputes about reasonableness of proposed provision

CHAPTER 6 - GENERAL PROVISIONS FOR GEOTHERMAL TENURES

Note—

PART 1 - AREA PROVISIONS

  • 184 Area of geothermal tenure
  • 185 References to blocks of geothermal tenure
  • 186 Minister’s power to decide excluded land
  • 187 Minister may add excluded land
  • 188 Ending of geothermal permit if all of its area relinquished
  • 189 Area of geothermal permit reduced on grant of geothermal lease

PART 2 - REPORTING AND INFORMATION PROVISIONS

Division 1 - General reporting provisions

  • 190 Relinquishment report for partial relinquishment
  • 191 End of tenure report
  • 192 Power to require information or reports about authorised activities to be kept or given

Division 2 - Records and samples

  • 193 Requirement to keep records and samples
  • 194 Requirement to give records and samples

Division 3 - Releasing required information

  • 195 Meaning of required information
  • 196 Public release of required information
  • 197 Chief executive may use required information

PART 3 - GENERAL PROVISIONS FOR GEOTHERMAL WELLS

Division 1 - Responsibility for geothermal wells

  • 198 Requirements for drilling geothermal well

Division 2 - Decommissioning of geothermal wells

  • 199 Application of div 2
  • 200 Obligation to decommission
  • 201 Right of entry to facilitate decommissioning
  • 202 Responsibility for geothermal well after decommissioning

PART 4 - SECURITY

  • 203 Operation and purpose of pt 4
  • 204 Power to require security for geothermal tenure
  • 205 Minister’s power to require additional security
  • 206 Interest on security
  • 207 Power to use security
  • 208 Replenishment of security
  • 209 Security not affected by change in tenure holder
  • 210 Retention of security after geothermal tenure ends

PART 5 - DIRECTION BY MINISTER

211. (Repealed) 212. (Repealed) 213. (Repealed) 214. (Repealed) 215. (Repealed) 216. (Repealed) 217. (Repealed) 218. (Repealed) 219. (Repealed) 220. (Repealed) 221. (Repealed) 222. (Repealed) 223. (Repealed) 224. (Repealed) 225. (Repealed) 226. (Repealed) 227. (Repealed) 228. (Repealed) 229. (Repealed) 230. (Repealed) 231. (Repealed) 232. (Repealed)
  • 233 Direction to ease concerns of owner or occupier

PART 6 - (Repealed)

PART 7 - (Repealed)

PART 8 - (Repealed)

PART 9 - OWNERSHIP OF EQUIPMENT AND IMPROVEMENTS

  • 270 Application of pt 9
  • 271 Ownership of equipment and improvements

PART 10 - (Repealed)

PART 11 - (Repealed)

PART 11A - (Repealed)

PART 11B - (Repealed)

PART 12 - RENEWALS

  • 290 General conditions for renewal application
  • 291 Restriction on applying for renewal of geothermal permit
  • 292 Requirements for making application
  • 293 Continuing effect of geothermal tenure for renewal application
  • 294 Deciding application
  • 295 Provisions and term of renewed geothermal permit
  • 296 Provisions of renewed geothermal lease
  • 297 Additional provisions for term of any renewed geothermal tenure
  • 298 Criteria for decisions
  • 299 Information notice about refusal
  • 300 When refusal takes effect

PART 13 - SURRENDERS

  • 301 Requirements for surrender
  • 302 Requirements for making surrender application
  • 303 Deciding application
  • 304 Notice and taking effect of decision

PART 14 - ENFORCEMENT OF END OF TENURE AND AREA REDUCTION OBLIGATIONS

  • 305 Power of authorised person to ensure compliance
  • 306 Requirements for entry to ensure compliance
  • 307 Duty to avoid damage in exercising remedial powers
  • 308 Notice of damage because of exercise of remedial powers
  • 309 Compensation for exercise of remedial powers
  • 310 Ownership of thing removed in exercise of remedial powers
  • 311 Recovery of costs of and compensation for exercise of remedial power

CHAPTER 7 - ENFORCEMENT, OFFENCES AND PROCEEDINGS

PART 1 - NONCOMPLIANCE ACTION FOR GEOTHERMAL TENURES

Division 1 - Preliminary

312. (Repealed) 313. (Repealed) 314. (Repealed) 315. (Repealed) 316. (Repealed) 317. (Repealed) 318. (Repealed)
  • 319 Operation of div 1

Division 2 - Noncompliance action by Minister

  • 320 Types of noncompliance action that may be taken
  • 321 When noncompliance action may be taken

Division 3 - Procedure for noncompliance action

  • 322 Notice of proposed noncompliance action
  • 323 Considering submissions
  • 324 Decision on proposed noncompliance action
  • 325 Notice and taking effect of decision
  • 326 Consequence of failure to comply with relinquishment requirement

PART 2 - GENERAL OFFENCES

  • 327 Restriction on carrying out geothermal activities
  • 328 Defence if geothermal activity is for GHG storage injection
  • 329 Geothermal tenure holder’s measurement obligations
  • 330 Duty to avoid interference in carrying out geothermal activities
  • 331 Obstruction of geothermal tenure holder
  • 332 False or misleading information
  • 333 Liability of executive officer—offence committed by corporation against s 327
  • 333A Executive officer may be taken to have committed offence
  • 334 Attempts to commit offences

PART 3 - APPEALS

  • 335 Who may appeal
  • 336 Period to appeal
  • 337 Starting appeal
  • 338 Stay of operation of decision
  • 339 Hearing procedures
  • 340 Land Court’s powers on appeal
  • 341 Restriction on Land Court’s powers for decision not to grant geothermal lease

PART 4 - EVIDENCE AND LEGAL PROCEEDINGS

Division 1 - Evidentiary provisions

  • 342 Application of div 1
  • 343 Authority
  • 344 Signatures
  • 345 Other evidentiary aids

Division 2 - Offence proceedings

  • 346 Offences under Act are summary
  • 347 Statement of complainant’s knowledge
  • 348 Conduct of representatives
  • 349 Additional orders that may be made on conviction

CHAPTER 8 - MISCELLANEOUS PROVISIONS

PART 1 - PROVISIONS ABOUT GEOTHERMAL TENURES

Division 1 - General provisions

  • 350 Geothermal tenure does not create an interest in land
  • 350A Extinguishing geothermal interests on the taking of land in a geothermal tenure’s area (other than by an easement)
  • 350B Effect of extinguishment of geothermal interests on the taking of land in a geothermal tenure’s area (other than by an easement)
  • 350C Applications relating to land taken under a resumption law for which geothermal interests were extinguished
  • 350D Compensation for effect of taking of land in a geothermal tenure’s area on geothermal interests
  • 351 Joint holders of a geothermal tenure
  • 352 Minister’s power to ensure compliance by geothermal tenure holder
  • 353 Power to correct or amend tenure
    • 354. (Repealed)
  • 355 Joint and several liability for conditions and for debts to State

Division 2 - General provisions about authorised activities

  • 356 Authorised activities may be carried out despite rights of owner or occupier
  • 357 General restrictions on right to carry out authorised activity
    • 358. (Repealed)
  • 359 Who may carry out authorised activity for geothermal tenure holder
  • 360 Limitation of owner’s or occupier’s tortious liability for authorised activities

Division 3 - Provisions for when geothermal tenure ends or area reduced

  • 361 Obligation to remove equipment and improvements
  • 362 Authorisation to enter to facilitate compliance

PART 2 - APPLICATIONS, LODGING DOCUMENTS AND MAKING SUBMISSIONS

  • 363 Place or way for making applications, lodging documents or making submissions
  • 364 Requirements for making an application
  • 365 Request to applicant about application
  • 366 Refusing application for failure to comply with request
  • 366A Notice to progress geothermal tenure or renewal application
  • 367 Particular criteria generally not exhaustive
  • 368 Particular grounds for refusal generally not exhaustive
  • 369 Amending applications
  • 370 Withdrawal of application
  • 371 Minister’s power to refund application fee

PART 3 - OTHER MISCELLANEOUS PROVISIONS

  • 372 Interest on amounts owing to the State
  • 373 Recovery of unpaid amounts
  • 374 General public interest criteria for particular Ministerial decisions
  • 375 Provision for entry by State to carry out geothermal activity
  • 376 Name and address for service
  • 377 Notice of agents
  • 378 Additional information about reports and other matters
  • 379 References to right to enter
  • 380 Application of provisions
  • 381 Protection from liability for particular persons
  • 382 Delegation by Minister or chief executive
    • 383. (Repealed)
  • 384 Approved forms
  • 385 Regulation-making power

CHAPTER 9 - REPEAL AND TRANSITIONAL PROVISIONS

PART 1 - REPEAL PROVISIONS

  • 386 Repeal of Geothermal Exploration Act 2004
  • 387 Repeal of Timber Utilisation and Marketing Act 1987

PART 2 - TRANSITIONAL PROVISIONS FOR ACT NO. 31 OF 2010

Division 1 - Preliminary

Division 2 - Provisions for Ergon Energy geothermal production near Birdsville

Subdivision 1 - Grant of and provisions about Birdsville lease

Division 3 - New land access provisions for 2004 Act permits until 2010 Act start day

  • 396 Application of div 3
  • 397 Compliance with land access code
  • 398 Application of particular provisions of this Act

Division 4 - General provisions

  • 399 Conversion of 2004 Act permits on 2010 Act start day
  • 400 Outstanding tenders under 2004 Act
  • 401 Other undecided applications
  • 402 Decisions or documents under 2004 Act
  • 403 Outstanding appeals

PART 3 - TRANSITIONAL PROVISIONS FOR MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012

Division 1 - Preliminary

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

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

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

  • 407 Undecided applications for approval of particular dealing
  • 408 Deciding applications for approval of assessable transfers until commencement of particular provisions
  • 409 Uncommenced appeals about refusal to approve particular dealing
  • 410 Unfinished appeals about refusal to approve particular dealing

PART 4 - TRANSITIONAL PROVISION FOR MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014

  • 411 Continued appeal right for particular decisions
  • 412 Existing practice manuals

PART 5 - TRANSITIONAL PROVISION FOR NATURAL RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2019

  • 413 Existing conduct and compensation agreements

PART 6 - TRANSITIONAL PROVISIONS FOR MINERAL AND ENERGY RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2020

  • 414 Power to impose or amend condition if changed holder of geothermal tenure
  • 415 Conferences with eligible claimants or owners or occupiers started before commencement

PART 7 - TRANSITIONAL PROVISION FOR COAL MINING SAFETY AND HEALTH AND OTHER LEGISLATION AMENDMENT ACT 2022

Navigate

Download

Cited By

Join the discussion