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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Geothermal Energy Resources Act 2004
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY MATTERS 1
1. Purpose 1
2. Commencement 2
3. Objectives and principles 2
4. Interpretation 4
5. Meaning of geothermal energy exploration 7
6. Meaning of geothermal energy extraction 8
7. Act binds the Crown 8
8. Relationship of this Act to certain other Acts 8
9. Application of this Act to land in Victoria 9
10. Non-application of Act 9
11. Minister may exempt land from application of Act 9
12. Geothermal energy is the property of the Crown 10
13. Crown retains Crown land geothermal energy rights 10
14. Offence to explore for geothermal energy unless authorised 10
15. Offence to extract geothermal energy unless authorised 11
16. Geothermal energy becomes the property of the person
extracting it 11
PART 2--EXPLORATION PERMITS 12
Division 1--Rights 12
17. Rights conferred by exploration permit 12
Division 2--Procedure for Obtaining Permits 12
18. Commencement of tender process 12
19. Application for permits 12
20. Chief factors to be considered in deciding competing
applications 13
21. Notice to be given to applicants 14
22. Minister may make new grant if former grant refused 14
23. Procedure if tender does not result in the granting of a permit 14
24. Restrictions on permit area 15
25. Term of permit 15
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Division 3--Renewals 16
26. Renewal of permit 16
Victorian Legislation and Parliamentary Documents
27. Application for renewal 16
28. Other factors to be considered in renewing permits 16
29. Renewed permit area to be reduced 17
30. Variation of work programs for renewed permits 18
Division 4--Ministerial Directions 18
31. Minister may give directions 18
PART 3--RETENTION LEASES 20
32. Purpose of a retention lease 20
33. Rights conferred by lease 20
34. Right to apply for lease 20
35. Details to be supplied with application 21
36. Factors determining grant of application 21
37. Restrictions on area to which lease applies 22
38. Term of lease 22
39. Procedure if lease not to be granted 23
40. Minister may require review of commercial viability 23
41. Minister may give directions if extraction viable 24
PART 4--EXTRACTION LICENCES 25
Division 1--Rights 25
42. Rights conferred by licence 25
Division 2--Procedure for Obtaining Licence 25
43. Application for licence 25
44. Commencement of tender process 25
45. Application for licences 26
46. Chief factors to be considered in deciding applications 27
47. Notice to be given to applicants 28
Division 3--General Provisions 28
48. Minister may make new grant if former grant refused 28
49. Restrictions on area to which licence applies 28
50. Term of licence 29
Division 4--Development Plans 29
51. Geothermal energy extraction development plans 29
52. Development plan to be lodged before extraction can start 29
53. Development plan must be adhered to 29
54. Minister may require variation of development plan 30
55. Minister may permit variation of development plan 30
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PART 5--UNIT DEVELOPMENT 31
56. Unit development 31
Victorian Legislation and Parliamentary Documents
57. Minister may amend licence for unit development 32
PART 6--PROVISIONS APPLYING TO AUTHORITIES
GENERALLY 33
Division 1--Applications 33
58. Applications for authorities 33
59. Applications are not transferable 33
60. Existing permits and leases continue until renewal applications
etc. decided 34
Division 2--Requirements 35
61. Work programs 35
62. Planning permits 35
Division 3--Conditions 36
63. Conditions that may apply to authorities 36
64. Minister may vary conditions unilaterally 37
65. Minister may vary conditions by consent 38
66. Variation of conditions on renewal, consolidation or transfer 38
67. Suspension of conditions 39
68. Term of authority may be extended if condition suspended 40
Division 4--Transfers of Authorities 40
69. Transfers 40
70. Matters Minister must consider in assessing transfer
application 41
71. Execution of transfer document insufficient to create interest 41
72. Partial transfers of permits and licences 41
Division 5--Surrender or Cancellation of Authorities 42
73. Surrender of authority 42
74. Cancellation of authority 43
75. Additional grounds for the cancellation or partial cancellation
of extraction licence 44
76. Procedure to be followed before authority cancelled 45
77. Minister may give directions if an authority is surrendered or
cancelled or expires 46
Division 6--Consolidation of Authorities 47
78. Consolidation of adjoining authorities 47
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PART 7--REQUIREMENTS BEFORE OPERATIONS
ALLOWED ON LAND 49
Victorian Legislation and Parliamentary Documents
Division 1--Wilderness Crown Land 49
79. Operations on wilderness land barred 49
Division 2--Operations requiring Prior Consent 49
80. Consent of Minister needed 49
81. Geothermal energy operations on restricted Crown land 50
82. Geothermal energy operations on water authority land 50
83. Provisions applying to consents 51
84. Right to seek review of refusal to give consent 51
Division 3--Operations requiring Notice 52
85. Operations on unrestricted Crown land 52
86. Notice to be given before operation carried out on any land 52
Division 4--Other Matters 53
87. Areas of aboriginal significance 53
PART 8--COMPENSATION 54
88. Requirements before operation starts 54
89. What compensation is payable for--private land and native
title interests 54
90. Compensation not payable for geothermal energy 56
91. What compensation is payable for--Crown land 57
92. Limit on total amount of compensation 58
93. Time limit on compensation claims 59
94. Determination of disputes 59
95. Determination of disputes--Crown land 61
PART 9--OTHER OBLIGATIONS ABOUT CONDUCT OF
OPERATIONS 62
Division 1--Operation Plans 62
96. Operation plan to be prepared 62
97. Plan must be observed in carrying out operation 63
98. Minister may permit variation of operation plan 63
Division 2--Insurance 63
99. Insurance must be held 63
Division 3--Rehabilitation Bonds 64
100. Requirement to take out rehabilitation bond 64
101. Minister may require increased rehabilitation bond 64
102. Return of bond if rehabilitation satisfactory 65
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Division 4--Royalties 65
103. Liability for, and rate of, royalty 65
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104. Rate of royalty 65
105. When royalty must be paid 65
106. Minister may vary royalty 66
Division 5--Other Obligations 66
107. Maintenance etc. of property 66
108. Authority holder must not interfere with other rights 67
Division 6--Requirements at End of Authority 67
109. Equipment must be removed once authority ceases 67
110. Minister may remove equipment 67
PART 10--REHABILITATION 69
111. Rehabilitation 69
112. Minister may carry out rehabilitation 69
PART 11--INFORMATION 71
Division 1--Information to be Given to Minister 71
113. Authority holder must provide information to Minister 71
114. Minister may require person to provide information 71
115. False information not to be given 72
Division 2--Release of Information 73
116. Meaning of "release" and "information" 73
117. Meaning of "interpretive information" 73
118. Information that is not to be released 73
119. Information about applications that may be released 74
120. Release of information about area that is no longer an authority
area 74
121. Release of factual information 74
122. Minister may give information etc. to other Ministers 75
PART 12--ENFORCEMENT 76
Division 1--Inspections 76
123. Authorisation of inspectors 76
124. Production of identity card 76
125. Monitoring compliance with this Act 76
126. Emergencies 78
127. Offence-related searches and seizures 79
128. Occupier to be given copy of consent 80
129. Disputed property in possession of inspector 80
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130. Search warrant 81
131. Announcement before entry 82
132. Copy of warrant to be given to occupier 83
Victorian Legislation and Parliamentary Documents
133. Receipt must be given for any thing seized 83
134. Copies of certain seized things to be given 84
135. Use of equipment to examine or process things 84
136. Use or seizure of electronic equipment at premises 85
137. Compensation for damage 86
138. Return of seized things 87
139. Magistrates' Court may extend period 87
140. Power of inspector to require information or documents 88
141. Refusal or failure to comply with requirement 89
142. Protection against self-incrimination 89
143. Offence to obstruct inspector 89
Division 2--Improvement and Prohibition Notices 90
144. Improvement notice 90
145. Prohibition notice 90
146. Right to review 92
147. Defences to charge of failing to comply with a notice 92
Division 3--Offences 93
148. Offences by corporations also offences by officers 93
149. Offences by partners 93
150. Offences by joint venturers 93
151. Offences by employees and agents 94
PART 13--ADMINISTRATION 95
Division 1--Geothermal Energy Register 95
152. Establishment of register 95
153. Effect of registration 95
154. Other documents to be registered 95
155. Entries in register on devolution of title 96
156. Registration 96
157. Effect of registration 97
158. Inspection of register and documents 97
159. Minister's certificates 97
160. Minister may make corrections to register 98
161. Right to review of register entries 98
162. Offences relating to the register 99
163. Officials must not disclose information 99
Division 2--Other Administrative Matters 100
164. Minister may require further information 100
165. Form of documents 100
166. Delegation 100
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Division 3--Fees and Penalties 100
167. Applications not to be processed unless fee paid 100
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168. Fees and penalties debts due to the State 101
PART 14--REGULATIONS 102
169. Regulations 102
PART 15--AMENDMENTS AND TRANSITIONAL
PROVISIONS 105
170. 105
Catchment and Land Protection Act 1994
171. 105
National Parks Act 1975
172. 105
Nuclear Activities (Prohibitions) Act 1983
173. 106
Petroleum (Submerged Lands) Act 1982
174. 106
Victorian Plantations Corporation Act 1993
175. Effect on existing authorities and activities 106
ENDNOTES 108
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PARLIAMENT OF VICTORIA
Victorian Legislation and Parliamentary Documents
A BILL
to facilitate and regulate geothermal energy exploration and extraction
in Victoria, to amend the Petroleum (Submerged Lands) Act 1982
and for other purposes.
Geothermal Energy Resources Act 2004
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY MATTERS
1. Purpose
The purpose of this Act is to facilitate and regulate
geothermal energy exploration and extraction in
5 Victoria.
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1
Geothermal Energy Resources Act 2004
Act No.
Part 1--Preliminary Matters
s. 2
2. Commencement
(1) This Part comes into operation on the day on
Victorian Legislation and Parliamentary Documents
which this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
5 provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 30 June 2006, it
comes into operation on that day.
10 3. Objectives 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--
15 (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
20 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
25 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
30 and geothermal energy;
(e) ensuring that health, safety and
environmental issues are considered in
planning for, authorising, operating and
decommissioning geothermal energy
35 operations.
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Geothermal Energy Resources Act 2004
Act No.
Part 1--Preliminary Matters
s. 3
(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
Victorian Legislation and Parliamentary Documents
utilization of resources and granting applications
5 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
10 that safeguards the welfare of future
generations;
(b) the provision of equity within and between
generations;
(c) the protection of biological diversity and the
15 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;
20 (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
25 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
30 full scientific certainty is not used as a
reason for postponing measures to prevent
environmental degradation;
3
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Geothermal Energy Resources Act 2004
Act No.
Part 1--Preliminary Matters
s. 4
(h) decision making should be guided by--
(i) a careful evaluation to avoid serious or
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irreversible damage to the environment
wherever practicable; and
5 (ii) an assessment of the risk-weighted
consequences of various options;
(i) development should make a positive
contribution to social equity, health and
safety, regional development and respect the
10 aspirations of the community and indigenous
peoples;
(j) decisions and actions should provide for
community involvement in issues which
affect members of the community.
15 4. Interpretation
(1) In this Act--
"authority" means an exploration permit, a
retention lease or an extraction licence;
"Crown land" means land that is, or that is by
20 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;
25 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
30 licence granted under Part 3A of the
Victorian Plantations Corporation
Act 1993;
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Geothermal Energy Resources Act 2004
Act No.
Part 1--Preliminary Matters
s. 4
"Department" means the Department of Primary
Industries;
Victorian Legislation and Parliamentary Documents
"geothermal energy" means the heat energy
contained or stored in rock, geothermal water
5 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
10 meaning set out in section 6;
"geothermal energy operation" means any
activity relating to geothermal energy
exploration or to geothermal energy
extraction;
15 "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
20 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
25 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
30 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;
5
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Act No.
Part 1--Preliminary Matters
s. 4
"owner" means--
(a) in relation to land that is subject to a
Victorian Legislation and Parliamentary Documents
licence granted under Part 3A of the
Victorian Plantations Corporation
5 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
10 approved under the Planning and
Environment Act 1987;
"private land" means land that is not Crown
land;
"prohibition notice" means a notice issued under
15 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-
20 up work or pollution prevention work that
may be necessary as a result of a geothermal
energy operation;
"retention period" means a period of 60 days
after the seizure of a thing under this Act;
25 "Tribunal" means the Victorian Civil and
Administrative Tribunal established under
the Victorian Civil and Administrative
Tribunal Act 1998;
"unit development agreement" means an
30 agreement made under Part 5;
6
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Geothermal Energy Resources Act 2004
Act No.
Part 1--Preliminary Matters
s. 5
"unrestricted Crown land" means any Crown
land other than--
Victorian Legislation and Parliamentary Documents
(a) land referred to in section 79; and
(b) land that is a national, State or other
5 park under the National Parks Act
1975; and
(c) land specified in Schedule 3 to the
Mineral Resources Development Act
1990;
10 "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.
15 (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;
20 (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,
25 the operation.
5. Meaning 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
30 geothermal energy resources--
(a) conducting geological, geophysical,
hydrogeological and geochemical surveys;
(b) drilling;
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Geothermal Energy Resources Act 2004
Act No.
Part 1--Preliminary Matters
s. 6
(c) taking samples for the purposes of chemical,
thermal or other analysis;
Victorian Legislation and Parliamentary Documents
(d) extracting geothermal energy or geothermal
energy resources for the purpose of
5 determining whether it will be viable to
extract the energy or resources
commercially.
6. Meaning of geothermal energy extraction
Geothermal energy extraction is--
10 (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
15 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.
20 7. Act 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.
8. Relationship of this Act to certain other Acts
25 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 1970, the
Occupational Health and Safety Act 1985 or the
30 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
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Geothermal Energy Resources Act 2004
Act No.
Part 1--Preliminary Matters
s. 9
(b) if inconsistent with that other provision, is,
to the extent of the inconsistency, of no force
or effect and that other provision prevails.
Victorian Legislation and Parliamentary Documents
9. Application of this Act to land in Victoria
5 This Act applies to all land in Victoria, other
than--
(a) land that is within the area defined as the
adjacent area in the Petroleum (Submerged
Lands) Act 1982; and
10 (b) land to the extent that it is exempted by the
Minister under section 11.
10. Non-application of Act
This Act does not apply to--
(a) small scale ground source heat pumps used
15 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
20 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.
11. Minister may exempt land from application of Act
25 (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.
9
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Geothermal Energy Resources Act 2004
Act No.
Part 1--Preliminary Matters
s. 12
(2) The Minister may exempt land--
(a) to protect the land for significant
Victorian Legislation and Parliamentary Documents
environmental reasons; or
(b) to protect significant commercial or
5 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
10 geothermal energy register, may revoke any
exemption granted under this section.
12. Geothermal energy is the property of the Crown
The Crown owns all geothermal energy and
geothermal energy resources on or below the
15 surface of any land in Victoria that came to be on
or below that surface without human assistance.
13. Crown retains Crown land geothermal energy rights
In conferring any grant, lease, licence or other
tenure of any Crown land after the
20 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.
14. Offence to explore for geothermal energy unless
25 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;
30 or
(b) as otherwise permitted by this Act.
Penalty: 240 penalty units.
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Act No.
Part 1--Preliminary Matters
s. 15
15. Offence to extract geothermal energy unless
authorised
Victorian Legislation and Parliamentary Documents
A person must not carry out any activity relating
to geothermal energy extraction in Victoria
5 except--
(a) under, and in accordance with, an extraction
licence; or
(b) as otherwise permitted by this Act.
Penalty: 240 penalty units.
10 16. Geothermal 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
15 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.
__________________
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Geothermal Energy Resources Act 2004
Act No.
Part 2--Exploration Permits
s. 17
PART 2--EXPLORATION PERMITS
Victorian Legislation and Parliamentary Documents
Division 1--Rights
17. Rights conferred by exploration permit
An exploration permit authorises the holder of the
5 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
10 for, or incidental to, that purpose.
Division 2--Procedure for Obtaining Permits
18. Commencement of tender process
(1) The Minister may invite applications for an
exploration permit to explore a specified area.
15 (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.
19. Application for permits
20 (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;
25 and
(b) details of the relevant technical advice
available to the applicant; and
(c) details of the financial resources available to
the applicant; and
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Act No.
Part 2--Exploration Permits
s. 20
(d) the work programs proposed by the
applicant; and
Victorian Legislation and Parliamentary Documents
(e) any other information prescribed by the
regulations.
5 (2) An applicant must also submit any other
information required in the invitation under
section 18.
20. Chief factors to be considered in deciding competing
applications
10 (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
15 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
20 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
25 environmental impact of the proposed
exploration;
(e) the respective technical and financial
resources of the applicants;
(f) any other chief factors specified in the
30 invitation under section 18.
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Geothermal Energy Resources Act 2004
Act No.
Part 2--Exploration Permits
s. 21
21. Notice to be given to applicants
(1) If the Minister decides to grant an exploration
Victorian Legislation and Parliamentary Documents
permit, he or she must give the person granted the
permit and every unsuccessful applicant for the
5 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
10 decision.
22. Minister 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
15 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.
20 (3) This section applies regardless of how many times
the Minister has decided to grant the permit.
23. Procedure if tender does not result in the granting
of a permit
(1) This section applies if--
25 (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
30 (c) no applicant who responded to the invitation
is willing to accept the grant of the
exploration permit by the Minister.
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Act No.
Part 2--Exploration Permits
s. 24
(2) The Minister may invite further applications for
an exploration permit for the relevant area.
Victorian Legislation and Parliamentary Documents
(3) Sections 18, 21 and 22 apply to applications made
in response to an invitation made under sub-
5 section (2).
(4) If more than one application is received, the
Minister must consider the applications in the
order in which they were received by the Minister.
24. Restrictions on permit area
10 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
15 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.
20 25. Term 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
25 surrendered earlier or unless this Act otherwise
provides.
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Part 2--Exploration Permits
s. 26
Division 3--Renewals
26. Renewal of permit
Victorian Legislation and Parliamentary Documents
(1) The Minister may renew an exploration permit for
a further period not exceeding 5 years from the
5 date of its expiry.
(2) The Minister may renew an exploration permit
that has been renewed once under sub-section (1)
for a further period not exceeding 10 years from
the date it expired before renewal under that sub-
10 section.
27. Application 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
15 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
20 renewal that does not comply with sub-section (2).
(4) The Minister must not consider any application to
renew a permit that is made after the permit has
expired.
28. Other factors to be considered in renewing permits
25 (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
30 (b) the application is accompanied by the
renewal fee set out in the regulations for the
purposes of this paragraph; and
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Part 2--Exploration Permits
s. 29
(c) the permit holder has complied with the
conditions of the permit and all applicable
laws; and
Victorian Legislation and Parliamentary Documents
(d) the application is accompanied by details of
5 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
10 (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
15 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.
29. Renewed permit area to be reduced
20 (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
25 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.
30 (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.
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Part 2--Exploration Permits
s. 30
(4) Despite sub-section (1), the Minister may issue a
renewed exploration permit without reducing the
permit area, or without reducing the permit area
Victorian Legislation and Parliamentary Documents
by at least 50%, if--
5 (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
10 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 sub-section (3).
15 30. Variation 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
20 to vary the work program if the Minister is
satisfied that the variation will improve the work
program.
Division 4--Ministerial Directions
31. Minister may give directions
25 (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
30 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.
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Part 2--Exploration Permits
s. 31
(3) The Minister may only make a requirement under
this section if the holder of the permit has
extracted geothermal energy or geothermal energy
Victorian Legislation and Parliamentary Documents
resources as a result of the discovery.
5 (4) If the holder of the permit fails to comply with a
requirement made under this section, the Minister
may cancel the permit.
__________________
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Geothermal Energy Resources Act 2004
Act No.
Part 3--Retention Leases
s. 32
PART 3--RETENTION LEASES
Victorian Legislation and Parliamentary Documents
32. Purpose of a retention lease
A retention lease enables the holder of an
exploration permit to retain certain rights to a
5 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.
10 33. Rights 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
15 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
20 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.
25 34. Right to apply for lease
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
30 geothermal energy resources.
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s. 35
35. Details to be supplied with application
In addition to complying with section 58, an
Victorian Legislation and Parliamentary Documents
applicant for a retention lease must submit details
of--
5 (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
10 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
15 regulations.
36. Factors 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
20 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
25 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
30 (ii) might become commercially viable
within the next 15 years.
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Part 3--Retention Leases
s. 37
(2) The Minister may grant a retention lease if--
(a) sub-sections (1)(a) and (1)(c) apply; and
Victorian Legislation and Parliamentary Documents
(b) satisfied that there are special circumstances
concerning the failure to comply with the
5 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.
10 37. Restrictions 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
15 geothermal energy resource; and
(b) to enable future geothermal energy
extraction.
(2) Nothing in sub-section (1) authorises the Minister
to include in the lease area any area that was not
20 within the area to which the lease holder's
exploration permit applied.
38. Term of lease
(1) A retention lease starts on the day it is registered
in the geothermal energy register.
25 (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.
30 (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.
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Part 3--Retention Leases
s. 39
39. Procedure if lease not to be granted
The Minister must not refuse to grant a retention
Victorian Legislation and Parliamentary Documents
lease unless the Minister has--
(a) given the applicant for the lease not less than
5 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
10 (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
15 specified date; and
(d) considered any submissions made on or
before the specified date in response to such
an invitation.
40. Minister may require review of commercial viability
20 (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.
25 (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
30 within which to comply with the
requirement.
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Part 3--Retention Leases
s. 41
(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
Victorian Legislation and Parliamentary Documents
requirement made under this section.
5 (4) If the holder of a lease fails to comply with a
requirement made under this section, the Minister
may cancel the lease.
41. Minister may give directions if extraction viable
(1) This section applies if, after receiving a report
10 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
15 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.
20 (4) If the holder of the lease fails to comply with a
requirement made under this section, the Minister
may cancel the lease.
__________________
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Act No.
Part 4--Extraction Licences
s. 42
PART 4--EXTRACTION LICENCES
Victorian Legislation and Parliamentary Documents
Division 1--Rights
42. Rights conferred by licence
An extraction licence authorises the holder of the
5 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
10 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
15 43. Application 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
20 discovered geothermal energy or geothermal
energy resources.
(2) An application must contain or be accompanied
by any information prescribed by the regulations.
44. Commencement of tender process
25 (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
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Part 4--Extraction Licences
s. 45
(b) the area--
(i) is not the subject of an exploration
Victorian Legislation and Parliamentary Documents
permit, a retention lease or an
extraction licence; or
5 (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.
10 (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
15 (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
20 the applicant is prepared to accept under the
licence; and
(b) the basis on which applications will be
primarily decided.
45. Application for licences
25 (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
30 qualifications of the applicant's employees;
and
(b) details of the relevant technical advice
available to the applicant; and
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Part 4--Extraction Licences
s. 46
(c) details of the financial resources available to
the applicant; and
Victorian Legislation and Parliamentary Documents
(d) the work programs proposed by the
applicant; and
5 (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
10 (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.
15 (2) An applicant for an extraction licence responding
to an invitation under section 44 must also submit
any other information required in the invitation.
46. Chief factors to be considered in deciding
applications
20 (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
25 (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.
30 (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.
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s. 47
47. Notice to be given to applicants
(1) If the Minister decides to grant an extraction
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licence, he or she must give the person granted the
licence written notice of that decision within
5 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.
10 Division 3--General Provisions
48. Minister 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
15 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.
20 (3) This section applies regardless of how many times
the Minister has decided to grant the licence.
49. Restrictions on area to which licence applies
(1) In granting an extraction licence, the Minister
must ensure that the licence area is the minimum
25 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
30 resource.
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Part 4--Extraction Licences
s. 50
(2) In the case of licences granted under Division 2,
nothing in sub-section (1) authorises the Minister
to include in the licence area any area that was not
Victorian Legislation and Parliamentary Documents
within the area to which the licence holder's
5 exploration permit or retention lease applied at the
time the holder applied for the licence.
50. Term of licence
An extraction licence continues in force until it is
surrendered or the Minister cancels it in
10 accordance with this Act.
Division 4--Development Plans
51. Geothermal energy extraction development plans
(1) A geothermal energy extraction development plan
is a plan in relation to an extraction licence that
15 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.
20 52. Development 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
25 geothermal energy extraction development plan
for the licence area.
Penalty: 240 penalty units.
53. Development plan must be adhered to
The holder of an extraction licence must ensure
30 that geothermal energy extraction in the licence
area is carried out in accordance with the
geothermal energy extraction development plan.
Penalty: 240 penalty units.
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Part 4--Extraction Licences
s. 54
54. Minister may require variation of development plan
(1) The Minister may require the holder of an
Victorian Legislation and Parliamentary Documents
extraction licence to vary the geothermal energy
extraction development plan that applies to the
5 licence.
(2) The Minister may only do this after consulting
with the holder of the licence.
55. Minister may permit variation of development plan
On the written application of the holder of an
10 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.
__________________
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Act No.
Part 5--Unit Development
s. 56
PART 5--UNIT DEVELOPMENT
Victorian Legislation and Parliamentary Documents
56. Unit development
(1) This section applies if a geothermal energy
resource extends beyond the area of an extraction
5 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
10 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--
15 (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
20 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
25 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
30 (d) the notice specifies what action the Minister
may take if the requirement is not complied
with.
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Part 5--Unit Development
s. 57
(4) For the purposes of sub-section (3)(b), the
Minister must allow a period of at least 90 days
from the date the notice is given.
Victorian Legislation and Parliamentary Documents
57. Minister may amend licence for unit development
5 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
10 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
15 practicable the object that the requirement
sought to achieve.
__________________
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Act No.
Part 6--Provisions Applying to Authorities Generally
s. 58
PART 6--PROVISIONS APPLYING TO AUTHORITIES
GENERALLY
Victorian Legislation and Parliamentary Documents
Division 1--Applications
58. Applications for authorities
5 (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
10 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
15 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
20 energy operations under the lease, it is sufficient
compliance with sub-section (1)(b) if the applicant
submits a document declaring that intention.
59. Applications are not transferable
An application for an authority is not transferable.
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Part 6--Provisions Applying to Authorities Generally
s. 60
60. Existing permits and leases continue until renewal
applications etc. decided
Victorian Legislation and Parliamentary Documents
(1) This section applies if--
(a) an application is made for--
5 (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
10 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
15 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
20 (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, sub-section (2) only applies to the area
that is common to the original permit or lease and
25 the area in respect of which the application is
made.
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Act No.
Part 6--Provisions Applying to Authorities Generally
s. 61
Division 2--Requirements
61. Work programs
Victorian Legislation and Parliamentary Documents
A work program in relation to an authority is a
document that--
5 (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
10 phases of the work; and
(d) is in the form required by the regulations;
and
(e) contains any other details required by the
regulations.
15 62. Planning permits
Despite the Planning and Environment Act
1987 and any planning scheme approved under
that Act, the holder of an extraction licence to
carry out any geothermal energy extraction
20 operation authorised by the licence is not required
to obtain a permit under a planning scheme to
carry out the operation if--
(a) an Environment Effects Statement has been
prepared under the Environment Effects
25 Act 1978 in relation to the carrying out of
the operation; and
(b) an assessment of that Statement by the
Minister administering the Environment
Effects Act 1978 has been submitted to the
30 Minister; and
(c) the Minister has, after consideration of the
assessment, authorised the holder of the
licence in writing to carry out the operation.
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Act No.
Part 6--Provisions Applying to Authorities Generally
s. 63
Division 3--Conditions
63. Conditions that may apply to authorities
Victorian Legislation and Parliamentary Documents
(1) The Minister may specify that an authority to be
granted is to be subject to any conditions that he
5 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.
10 (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;
15 (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;
20 (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
25 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
30 information to the Minister before beginning
a specified operation or using specified
equipment;
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Part 6--Provisions Applying to Authorities Generally
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(h) requiring the holder of the authority to
provide other specified information to the
Minister.
Victorian Legislation and Parliamentary Documents
64. Minister may vary conditions unilaterally
5 (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
10 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.
15 (3) The Minister must allow a period of at least
28 days for the holder to make submissions.
(4) If, after complying with sub-section (2), the
Minister decides to vary the condition, he or she
must give the holder of the authority notice in
20 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
25 event) under this section.
(6) For the purposes of sub-section (5), a condition is
not imposed or varied if the holder of the
authority, in response to a notice under sub-
section (2)(a), does not object to the imposition or
30 variation of the condition.
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Part 6--Provisions Applying to Authorities Generally
s. 65
65. Minister may vary conditions by consent
(1) On the application of the holder of an authority,
Victorian Legislation and Parliamentary Documents
the Minister may vary any condition imposed on
the authority.
5 (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
10 (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 sub-section
15 (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.
20 66. Variation 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.
25 (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.
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67. Suspension of conditions
(1) On the application of the holder of an authority,
Victorian Legislation and Parliamentary Documents
the Minister may suspend any condition imposed
on an authority for a period of up to 1 year.
5 (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
10 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
15 application if the Minister indicates that he or she
will exercise his or her powers under sub-section
(2) in granting the application.
(4) The Minister may not, under this section, suspend
a condition imposed on an authority if the holder
20 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 sub-section (2)(c).
25 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) Sub-section (6) does not apply during any time
30 that the holder of the authority is not complying
with a condition imposed under sub-section (2)(c).
(8) The Minister may suspend under this section all of
the conditions that apply to an authority.
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68. Term of authority may be extended if condition
suspended
Victorian Legislation and Parliamentary Documents
If the Minister suspends a condition of an
authority, the Minister may also extend the term
5 of the authority by a period not exceeding the
period of the suspension.
Division 4--Transfers of Authorities
69. Transfers
(1) The holder of an authority must not transfer the
10 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.
15 (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
20 transferred--
(i) the person's relevant technical
qualifications and the relevant technical
qualifications of the person's
employees; and
25 (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
30 person to whom the authority is to be
transferred to comply with this Act; and
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(d) must submit any other details or matter
required by the Minister to enable the
Minister to assess the application; and
Victorian Legislation and Parliamentary Documents
(e) may set out other matters that the person
5 wishes the Minister to consider; and
(f) must submit a transfer document in the form
approved by the Minister that has been
executed by the parties to the proposed
transfer.
10 70. Matters Minister must consider in assessing transfer
application
(1) The Minister may approve the transfer of an
authority if, in the opinion of the Minister, the
transfer will maintain or increase geothermal
15 energy operations in the authority area.
(2) Despite sub-section (1), the Minister may approve
the transfer of a retention lease even though the
Minister is not of the opinion that the transfer will
maintain or increase geothermal energy operations
20 in the authority area.
(3) The Minister must not approve the transfer of an
authority that, in his or her opinion, is not in the
best interests of the people of Victoria.
71. Execution of transfer document insufficient to
25 create interest
The mere execution of a document purporting to
transfer an authority creates no interest in the
authority unless the authority is registered under
Part 13.
30 72. Partial transfers of permits and licences
(1) The holder of an exploration permit or an
extraction licence may apply to the Minister to
transfer part of the area specified in the permit or
licence to another person.
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(2) The Minister may transfer the area specified in the
permit or licence if, in the opinion of the Minister,
the transfer will maintain or increase geothermal
Victorian Legislation and Parliamentary Documents
energy operations in that area.
5 (3) A transfer is to be effected by the issue of a
separate permit or licence to the other person.
(4) The separate permit or licence--
(a) expires when the permit or licence from
which it was derived expires; and
10 (b) is subject to the same conditions as applied
to that permit or licence (unless those
conditions are varied by the Minister in
accordance with this Act).
(5) The Minister must not approve a transfer under
15 this section that, in his or her opinion, is not in the
best interests of the people of Victoria.
Division 5--Surrender or Cancellation of Authorities
73. Surrender of authority
(1) The holder of an authority may surrender the
20 authority with the consent of the Minister.
(2) The Minister must not give consent to the
surrender of an authority unless satisfied that the
holder of the authority--
(a) has complied with all the relevant
25 requirements of this Act in relation to the
authority; and
(b) has complied with all of the conditions that
apply to the authority.
(3) The Minister must not unreasonably refuse to give
30 consent under this section.
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(4) If the Minister is not satisfied as to any matter
referred to in sub-section (2)(a) or (b), he or she
may still consent to the surrender of the authority
Victorian Legislation and Parliamentary Documents
if satisfied that the failure to comply with the
5 relevant requirement was the result of one or more
events beyond the control of the holder of the
authority.
74. Cancellation of authority
The Minister may cancel an authority if--
10 (a) the holder of the authority has not complied
with the work program that was to have been
carried out under the authority; or
(b) the conditions of the authority or any of the
provisions of this Act that apply to the
15 authority have not been complied with; or
(c) the holder of the authority has failed to
maintain any insurance policy it is required
to maintain under this Act or has failed to
lodge any bond it was required to lodge
20 under this Act; or
(d) any geothermal energy operation carried out
under the authority has caused an unexpected
significant adverse impact on the
environment; or
25 (e) the holder of the authority fails to observe
good practices in relation to exploration or
extraction; or
(f) the holder of the authority no longer has the
funds to carry out its work program; or
30 (g) the holder of the authority has not paid any
amount that is payable under this Act within
90 days after it was due and within 30 days
after receiving a written notice from the
Minister warning of the Minister's power
35 under this provision; or
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(h) the holder of the authority becomes an
insolvent under administration within the
meaning of the Corporations Act; or
Victorian Legislation and Parliamentary Documents
(i) no geothermal energy operations have been
5 carried out over a continuous period of
5 years.
75. Additional grounds for the cancellation or partial
cancellation of extraction licence
(1) The Minister may also cancel an extraction
10 licence if the Minister is satisfied--
(a) that it is no longer commercially viable to
extract geothermal energy or geothermal
energy resources in the licence area; or
(b) that no geothermal energy or geothermal
15 energy resources are being extracted in the
licence area and the holder of the licence has
no present intention to extract geothermal
energy or geothermal energy resources in
that area in the immediate future; or
20 (c) that no geothermal energy or geothermal
energy resources have been extracted in the
licence area in the last 2 years.
(2) The Minister may amend an extraction licence to
remove an area specified in the licence from the
25 licence area if--
(a) the holder of the licence has failed to comply
with a condition of the licence with respect
to the area to be removed from the licence
area; or
30 (b) the Minister is satisfied that it is no longer
commercially viable to extract geothermal
energy or geothermal energy resources in the
area to be removed from the licence area; or
(c) the area to be removed from the licence area
35 is not subject to a work program.
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76. Procedure to be followed before authority cancelled
The Minister must not cancel an authority under
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this Act unless he or she--
(a) has given the holder of the authority a
5 written notice--
(i) stating that the Minister believes that
there may be grounds for--
(A) cancelling the authority; or
(B) in the case of an extraction
10 licence, removing an area
specified in the licence from the
licence area; and
(ii) providing details of those grounds and
providing a copy of the information
15 available to the Minister concerning
those grounds; and
(iii) inviting the holder of the authority to
submit to the Minister, within 30 days
after the date the holder of the authority
20 is given the notice, any material that the
holder wishes to submit; and
(b) has considered any material submitted by the
holder of the authority in response to the
notice; and
25 (c) is satisfied that one of the grounds set out in
section 74 or 75 that is relevant to the
authority exists.
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77. Minister may give directions if an authority is
surrendered or cancelled or expires
Victorian Legislation and Parliamentary Documents
(1) This section applies if--
(a) an authority is surrendered or cancelled or
5 expires; or
(b) an area is removed from an authority area as
the result of action taken by the Minister
under section 75(2).
(2) The Minister may direct the person who held the
10 authority immediately before the surrender,
cancellation, expiry or removal to do one or more
of the following to the satisfaction of the
Minister--
(a) to remove, or cause to be removed, from the
15 relevant area all property brought into that
area under the authority, or to make other
arrangements with respect to that property;
(b) to provide for the conservation and
protection of the natural resources in the
20 relevant area;
(c) to make good any damage to the surface of
the land or the subsoil in the relevant area
caused by any person engaged or concerned
in the operations conducted under the
25 authority;
(d) to give to the Minister any information that
the person was obliged to give to the
Minister.
(3) A direction must be given in writing and must
30 specify by when it must be complied with.
(4) A person to whom a direction is given must
comply with the direction within the time
specified in the direction.
Penalty: 240 penalty units.
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(5) Nothing in this section requires the Minister to
give a direction to any person.
Victorian Legislation and Parliamentary Documents
(6) In this section "relevant area" means--
(a) if an authority expires or is surrendered or
5 cancelled in its entirety, the area to which the
authority applied; and
(b) in any other case, the area to which the
authority no longer applies.
Division 6--Consolidation of Authorities
10 78. Consolidation of adjoining authorities
(1) This section applies if the same person holds 2 or
more authorities of the same type and each of the
authority areas has at least one common boundary
with another of those authority areas.
15 (2) The person may apply to the Minister to have a
single authority of that type issued in respect of all
of those authorities.
(3) The Minister may grant an application if
satisfied--
20 (a) that the consolidation of the authorities will
not affect the work programs being, or to be,
conducted under each of the authorities in
respect of which the application is made; and
(b) that the consolidated authority area will form
25 one continuous parcel of land.
(4) An authority that is the result of the consolidation
of 2 or more authorities expires on the earliest
date any of the authorities that have been
consolidated would have expired.
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(5) The Minister must not consolidate 2 or more
exploration permits under this section into an
exploration permit that has a permit area of more
Victorian Legislation and Parliamentary Documents
than 12 500 square kilometres.
__________________
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Part 7--Requirements before Operations Allowed on Land
s. 79
PART 7--REQUIREMENTS BEFORE OPERATIONS
ALLOWED ON LAND
Victorian Legislation and Parliamentary Documents
Division 1--Wilderness Crown Land
79. Operations on wilderness land barred
5 (1) A person must not carry out any geothermal
energy operation on land that is a marine national
park, a marine sanctuary, a reference area under
the Reference Areas Act 1978 or a wilderness
zone or wilderness park under the National Parks
10 Act 1975.
Penalty: 240 penalty units.
(2) No authority granted under this Act can authorise
any activity prohibited by sub-section (1).
Division 2--Operations requiring Prior Consent
15 80. Consent of Minister needed
(1) The holder of an authority must not carry out any
geothermal energy operation on any land without
the written consent of the Minister.
Penalty: 240 penalty units.
20 (2) The giving of consent by the Minister--
(a) does not relieve the holder of the authority
from the requirement to obtain any consents
or other authorities required, or comply with
any other requirements imposed, by or under
25 this or any other Act; and
(b) does not relieve the holder of the authority
from liability under this or any other Act for
a failure to obtain any necessary consent or
other authority or to comply with any
30 applicable requirement.
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81. Geothermal energy operations on restricted Crown
land
Victorian Legislation and Parliamentary Documents
A person must not carry out any geothermal
energy operation on any land specified in
5 Schedule 3 to the Mineral Resources
Development Act 1990 without the written
consent of the Minister responsible for that land.
Penalty: 240 penalty units.
82. Geothermal energy operations on water authority
10 land
(1) In this section, "water authority" means--
(a) a person who holds a water licence or a
water and sewerage licence under the Water
Industry Act 1994; or
15 (b) an Authority that has a water district or a
sewerage district under the Water Act 1989.
(2) A person must not carry out any geothermal
energy operation on any land that is owned, vested
in or managed or controlled by a water authority
20 without the written consent of the water authority.
Penalty: 240 penalty units.
(3) A person must not carry out any geothermal
energy operation that involves work at a depth of
more than 0·75 metres below any land that is
25 within 100 metres of--
(a) a waterway that is owned by, vested in or
managed or controlled by a water authority;
or
(b) any main drains, sewers, aqueducts, channels
30 or pipelines of a water authority--
without the written consent of the water authority.
Penalty: 240 penalty units.
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83. Provisions applying to consents
(1) If the consent of a person or body is sought for the
Victorian Legislation and Parliamentary Documents
purposes of this Division, the person or body--
(a) must not unreasonably withhold that
5 consent; and
(b) may impose any conditions the person or
body considers to be appropriate in giving
that consent; and
(c) must give or refuse to give that consent
10 within 28 days (or any longer period allowed
by the Minister) after the consent is sought.
(2) A person or body (other than a native title holder)
which does not comply with sub-section (1)(c) in
relation to any land is deemed to have given the
15 consent sought.
84. Right to seek review of refusal to give consent
(1) A person who sought a consent for the purposes of
this Division may apply to the Tribunal for a
review of a decision--
20 (a) to refuse to give the consent; or
(b) to impose a condition on the consent.
(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;
25 (b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
applicant requests a statement of reasons for
the decision, the day on which the statement
of reasons is given to the applicant or the
30 applicant is informed under section 46(5) of
that Act that a statement of reasons will not
be given.
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Division 3--Operations requiring Notice
85. Operations on unrestricted Crown land
Victorian Legislation and Parliamentary Documents
(1) A person must not carry out any significant
operation on any unrestricted Crown land as part
5 of a geothermal energy operation unless the
person has consulted the Minister responsible for
controlling or managing the land.
Penalty: 240 penalty units.
(2) If a person has complied with sub-section (1) and
10 the conditions of the relevant authority, the person
may carry out the operation without the need to
obtain any other consent or authority, despite
anything to the contrary in any Act or subordinate
instrument other than the Environment
15 Protection Act 1970, the Flora and Fauna
Guarantee Act 1988, the Water Act 1989 and
the Forests (Fire Protection) Regulations 2004.
86. Notice to be given before operation carried out on
any land
20 (1) A person must not carry out any geothermal
energy operation on any land unless the person
gives the owner, occupier or person or body
responsible for the management of the land a
written notice outlining the proposed operation at
25 least 21 days before the activity starts.
Penalty: 120 penalty units.
(2) The owner, occupier or person or body may waive
all or part of the 21 day notice period.
(3) In the case of unrestricted Crown land, the notice
30 required by this section must be given to the
Minister responsible for controlling or managing
the land.
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Division 4--Other Matters
87. Areas of aboriginal significance
Victorian Legislation and Parliamentary Documents
Before carrying out any geothermal energy
operation on any land, the holder of the authority
5 under which the operation is to be carried out
must take reasonable steps to ensure that the
operation will not contravene the Archaeological
and Aboriginal Relics Preservation Act 1972 or
the Aboriginal and Torres Strait Islander Heritage
10 Protection Act 1984 of the Commonwealth.
Penalty: 240 penalty units.
__________________
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Part 8--Compensation
s. 88
PART 8--COMPENSATION
Victorian Legislation and Parliamentary Documents
88. Requirements before operation starts
(1) A person must not carry out any geothermal
energy operation on private land unless--
5 (a) the person has obtained the consent of the
owners and occupiers of the land to the
operation; or
(b) the person has entered into a compensation
agreement with the owners and occupiers of
10 the land in relation to the operation; or
(c) the Tribunal has determined the amount of
compensation that is payable to the owners
and occupiers of the land under this Act in
relation to the operation.
15 Penalty: 240 penalty units.
(2) Sub-section (1) does not apply to any land that is
owned by the person.
89. What compensation is payable for--private land
and native title interests
20 (1) Compensation is payable by an authority holder to
the owners and occupiers of private land and to
native title holders for any loss or damage that has
been, or will be, sustained to their interests held in
relation to the land as a direct, natural and
25 reasonable consequence of the approval of any
geothermal energy operation or the carrying out of
any geothermal energy operation under the
authority including for--
(a) deprivation of possession of the whole, or
30 any part, of the surface of the land; and
(b) damage to the surface of the land; and
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(c) damage to any improvements on the land;
and
Victorian Legislation and Parliamentary Documents
(d) severance of the land from other land of the
owner or occupier; and
5 (e) loss of amenity, including recreation and
conservation values; and
(f) loss of opportunity to make any planned
improvement on the land; and
(g) any decrease in the market value of the
10 owner or occupier's interest in the land.
(2) Compensation is not payable in respect of any
land which only became private land after a
geothermal energy operation under the authority
started on that land.
15 (3) The amount of compensation payable under sub-
section (1)--
(a) must, if it is necessary for the owner or
occupier of land to obtain replacement land,
take account of the reasonable incidental
20 expenses incurred in obtaining and moving
to that land; and
(b) may be increased by up to 10% by way of
solatium to compensate the owner or
occupier for intangible and non-pecuniary
25 disadvantages for which compensation is not
otherwise payable and that result from the
approval or the carrying out of the operation.
(4) Any amount of compensation paid, agreed to be
paid or determined under this Part is not affected
30 by any subsequent change in the ownership or
occupancy of the land.
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(5) An authority holder is not liable to pay any greater
total amount of compensation because of a change
in the ownership or occupancy of the land.
Victorian Legislation and Parliamentary Documents
(6) If--
5 (a) a person is entitled to compensation on just
terms (within the meaning of the Native Title
Act) in respect of any loss or damage in
relation to their interests as a native title
holder under sub-sections (1) and (2); and
10 (b) the compensation the person receives under
this section (apart from this sub-section)
does not amount to compensation on just
terms--
the person is entitled to any additional
15 compensation that is necessary to ensure that
compensation is paid on just terms.
(7) In this section, "planned improvement", in
relation to land, means an improvement on the
land in respect of which the owner or occupier
20 had, before an application for an authority
covering that land was made--
(a) applied for, or been granted, a building
permit or a planning permit; or
(b) otherwise demonstrated a genuine intention
25 to proceed with the improvement.
90. Compensation not payable for geothermal energy
Compensation is not payable for the value of any
geothermal energy or any geothermal energy
resource in or under the surface of any land.
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Part 8--Compensation
s. 91
91. What compensation is payable for--Crown land
(1) This section applies if the Minister is of the
Victorian Legislation and Parliamentary Documents
opinion that the approval of a geothermal energy
operation, or the carrying out of any geothermal
5 energy operation under an authority, in relation to
any Crown land has, or will, result in loss or
damage of the following nature being sustained as
a direct, natural and reasonable consequence of
the approval, or the carrying out of the
10 operation--
(a) deprivation of possession of the whole, or
any part of the surface, of the land; or
(b) damage to the surface of the land to such an
extent that it cannot be rehabilitated and
15 returned to its former, or a comparable, state;
or
(c) damage to any improvements on the land; or
(d) severance of the land from any other Crown
land; or
20 (e) loss of opportunity to make any planned
improvement on the land.
(2) The Minister may require the holder of the
authority to pay compensation for the loss or
damage--
25 (a) to the Crown; or
(b) to any person who is authorised to undertake
activities on the land under a lease, licence,
permit or other authority granted under an
Act.
30 (3) In determining whether compensation should be
paid under sub-section (2)(a), the Minister must
take into account any benefits that may accrue to
the people of Victoria from the geothermal energy
operation.
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(4) In determining the amount of compensation to be
paid, the Minister may, if it is necessary for the
Crown to obtain replacement land, take account of
Victorian Legislation and Parliamentary Documents
the reasonable incidental expenses incurred in
5 obtaining that land.
(5) If the Minister determines that compensation
should be paid to a person referred to in sub-
section (2)(b), the Minister may increase the
amount payable by up to 10% by way of solatium
10 to compensate for intangible and non-pecuniary
disadvantages for which compensation is not
otherwise payable and that result from the
approval or the carrying out of the operation.
(6) Compensation is not payable in respect of any
15 land which only became Crown land after a
geothermal energy operation under the authority
started on that land.
(7) Section 89(4), (5) and (6) also apply to this
section.
20 92. Limit on total amount of compensation
(1) The total amount of compensation payable under
section 89 in respect of any land must be no
greater if the same person is not the owner and
occupier of the land than if the same person was
25 both the owner and occupier of the land.
(2) Nothing in sub-section (1) limits the amount of
solatium payable to the owner or occupier under
section 89(3).
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93. Time limit on compensation claims
A claim for compensation for any loss or damage
Victorian Legislation and Parliamentary Documents
under section 89 by the owner or occupier or
native title holder of land which is not the subject
5 of an agreement between the relevant parties may
be made at any time until the end of the period of
3 years--
(a) after the loss or damage occurred; or
(b) after the authority is surrendered or cancelled
10 or expires--
whichever is the earlier.
94. Determination of disputes
(1) The owner or occupier of land, a native title
holder or the holder of an authority may--
15 (a) apply to the Tribunal for the determination of
a disputed claim for compensation in relation
to private land or their interests as native title
holders (other than a claim for just terms
compensation under section 53(1) of the
20 Native Title Act); or
(b) refer a disputed claim referred to in
paragraph (a) to the Supreme Court for
determination--
in accordance with Part 10 of the Land
25 Acquisition and Compensation Act 1986 as if it
were a claim for compensation under that Act and
as if the authority holder were the Authority
referred to in that Part.
(2) A person may only make an application to the
30 Tribunal in respect of a claim, or refer a claim to
the Supreme Court under sub-section (1), after the
expiry of any period of time specified for the
purposes of this section by the regulations.
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(3) A party who makes an application in respect of, or
who refers, a claim under sub-section (1) is only
entitled to have that claim determined by the
Victorian Legislation and Parliamentary Documents
Tribunal or the Court (as the case requires) if the
5 Tribunal or the Court is satisfied that the party has
attempted to settle the claim by conciliation, but
has not been able to do so because the other party
has refused to negotiate a settlement or because
both parties are unable to agree.
10 (4) In its application to a claim that is the subject of
an application or reference under sub-section (1),
Part 10 of the Land Acquisition and
Compensation Act 1986 has effect as if--
(a) it required the Tribunal or the Court (as the
15 case requires) in determining the
compensation payable to have regard to the
provisions of this Part; and
(b) section 91(1) provided that the holder of the
authority must pay its own costs and the
20 costs of the other party unless--
(i) the other party is not the owner,
occupier or native title holder of land in
the authority area; or
(ii) the other party has been frivolous or
25 vexatious or has otherwise acted
unreasonably--
in which case the Tribunal or the Court (as
the case requires) may, subject to that
section, award the costs that it thinks are
30 appropriate.
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s. 95
(5) In determining how much compensation is due to
a native title holder in any dispute concerning
Crown land, the Tribunal or Court must take into
Victorian Legislation and Parliamentary Documents
account any relevant amount that has been
5 determined or agreed as compensation under the
Native Title Act in relation to that land.
(6) The holder of the authority must lodge a copy of a
determination under this section with the Minister.
95. Determination of disputes--Crown land
10 (1) The holder of an authority may apply to the
Tribunal for a review of any requirement made by
the Minister under section 91.
(2) A person who is authorised to undertake activities
on Crown land under a lease, licence, permit or
15 other authority granted under an Act may apply to
the Tribunal for a review of any decision made by
the Minister under section 91 that affects the
person.
(3) An application for a review under this section
20 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
applicant requests a statement of reasons for
25 the decision, the day on which the statement
of reasons is given to the applicant or the
applicant is informed under section 46(5) of
that Act that a statement of reasons will not
be given.
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Part 9--Other Obligations about Conduct of Operations
s. 96
PART 9--OTHER OBLIGATIONS ABOUT CONDUCT OF
OPERATIONS
Victorian Legislation and Parliamentary Documents
Division 1--Operation Plans
96. Operation plan to be prepared
5 (1) Before carrying out any geothermal energy
operation, the holder of the authority under which
the operation is to be carried out must give the
Minister an operation plan--
(a) that identifies the risks of injury or damage
10 that the operation may pose to the
environment, to any community, person,
land user, land or property in the vicinity of
the operation and to any geothermal energy
or geothermal energy resource that the
15 operation might affect; and
(b) that specifies what the holder of the authority
will do to eliminate or minimise those risks;
and
(c) that specifies what the holder of the authority
20 will do to rehabilitate the land that will be
affected by the operation; and
(d) that sets out any other matters required by
the regulations.
(2) The holder of the authority must not carry out the
25 geothermal energy operation unless the Minister
has given the holder written acceptance of the
operation plan for the operation.
Penalty: 240 penalty units.
(3) The Minister must not accept an operation plan
30 unless satisfied that the holder of the authority
has, in preparing the plan, consulted any person
who owns, occupies or manages the land on which
the operation is to be carried out.
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Part 9--Other Obligations about Conduct of Operations
s. 97
97. Plan must be observed in carrying out operation
In carrying out a geothermal energy operation, the
Victorian Legislation and Parliamentary Documents
holder of an authority must ensure that the
operation is carried out in accordance with the
5 operation plan accepted by the Minister in relation
to the operation.
Penalty: 240 penalty units.
98. Minister may permit variation of operation plan
(1) On the written application of the holder of an
10 authority, the Minister may permit the holder of
the authority to vary the operation plan that
applies, or is to apply, to the authority.
(2) The Minister may require the holder of an
authority to vary the operation plan that applies to
15 the authority.
(3) The Minister may only require the holder to vary
the operation plan after consulting with the holder
of the authority.
Division 2--Insurance
20 99. Insurance must be held
The holder of an authority must obtain and
maintain, as directed by the Minister from time to
time, insurance against expenses or liabilities or
specified things arising in connection with, or as a
25 result of, the carrying out of operations, or the
doing of any other thing, under the authority,
including the expenses of complying with
directions with respect to the clean-up or other
remedying of the effects of the escape of
30 geothermal energy.
Penalty: 240 penalty units.
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Part 9--Other Obligations about Conduct of Operations
s. 100
Division 3--Rehabilitation Bonds
100. Requirement to take out rehabilitation bond
Victorian Legislation and Parliamentary Documents
The holder of an authority must not carry out a
geothermal energy operation unless the holder has
5 obtained a rehabilitation bond 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 that is--
10 (a) acceptable to the Minister; and
(b) for an amount specified by the Minister.
Penalty: 240 penalty units.
101. Minister may require increased rehabilitation bond
(1) This section applies if the Minister believes that
15 the amount secured by a rehabilitation bond in
relation to a geothermal energy operation is
insufficient.
(2) The Minister may, by written notice, require the
holder of the authority to obtain an extension of,
20 or a further, rehabilitation bond for an amount
determined by the Minister.
(3) Before making a requirement, the Minister must
consult the holder of the authority.
(4) The holder of the authority must comply with a
25 notice imposing such a requirement within
30 days after being given the notice.
Penalty: 120 penalty units.
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Part 9--Other Obligations about Conduct of Operations
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102. Return of bond if rehabilitation satisfactory
The Minister must discharge a rehabilitation bond,
Victorian Legislation and Parliamentary Documents
or return a rehabilitation bond to the holder or
former holder of the authority, as soon as
5 practicable once the Minister is satisfied--
(a) that the relevant land has been rehabilitated
as required by section 111; and
(b) that the rehabilitation is likely to be
successful; and
10 (c) that any other work in respect of which the
bond was required has been satisfactorily
completed.
Division 4--Royalties
103. Liability for, and rate of, royalty
15 (1) The holder of an extraction licence must pay to
the Minister a royalty in respect of all geothermal
energy extracted from within the licence area.
(2) A royalty is only payable once under this Act in
respect of any geothermal energy.
20 104. Rate of royalty
Royalty is to be paid at the rate, and in accordance
with the conditions, specified in the licence under
which the geothermal energy was extracted.
105. When royalty must be paid
25 (1) Any royalty required by this Division must be
paid in the manner specified in the relevant
extraction licence and within the time specified in
the licence.
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(2) If an extraction licence does not specify when or
how royalty is to be paid under the licence, the
holder of the licence must pay any royalty
Victorian Legislation and Parliamentary Documents
required by this Division in the manner, and
5 within the time, specified by the regulations.
106. Minister may vary royalty
(1) On the application of the holder of an extraction
licence or a person who has applied for an
extraction licence, the Minister may--
10 (a) vary the royalty rate specified (or to be
specified) in the licence; or
(b) provide that a different method of collecting
revenue on any geothermal energy extracted
under the licence is to apply.
15 (2) The Minister must consult the Treasurer before
varying the licence, or proposed licence, under
sub-section (1)(a) or (b).
Division 5--Other Obligations
107. Maintenance etc. of property
20 (1) The holder of an authority must maintain in good
condition and repair all structures, equipment and
other property in the authority area that is used in
connection with the geothermal energy operations
being carried out under the authority.
25 Penalty: 240 penalty units.
(2) The holder of an authority must remove from the
authority area all structures, equipment and other
property that are not being used, or that are not to
be used, in connection with the geothermal energy
30 operations being conducted under the authority.
Penalty: 240 penalty units.
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(3) Sub-sections (1) and (2) do not apply in relation to
any structure, equipment or other property that
was not brought into the authority area by, or with
Victorian Legislation and Parliamentary Documents
the authority of, the holder of the authority.
5 108. Authority holder must not interfere with other
rights
In carrying out geothermal energy operations, the
holder of an authority must ensure that the
operations are carried out in a way that does not
10 interfere with the activities of any other person
who is using the land to a greater extent than is
necessary for the reasonable exercise of the
holder's rights, and the performance of the holder's
duties, under the authority.
15 Penalty: 120 penalty units.
Division 6--Requirements at End of Authority
109. Equipment must be removed once authority ceases
(1) This section applies if an authority ceases to apply
to any land.
20 (2) The person who held the authority at the time it
ceased to apply to the land must remove all
equipment brought on to the land under the
authority within 60 days after the authority ceases
to apply.
25 Penalty: 120 penalty units.
110. Minister may remove equipment
(1) If a person fails to comply with section 109 with
respect to any equipment, the Minister may cause
the equipment to be removed and may dispose of
30 the equipment.
(2) The Minister may recover any cost involved in
doing this from any rehabilitation bond that
applies in respect of the relevant authority and
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from any proceeds that result from the disposal of
the equipment.
Victorian Legislation and Parliamentary Documents
(3) If the cost of removing or disposing of any
equipment is greater than the amount that can be
5 recovered under sub-section (2) in relation to that
equipment, the person must pay the difference to
the Minister.
(4) The Minister may recover as a debt due to the
Crown in a court of competent jurisdiction any
10 amount payable under sub-section (3).
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Part 10--Rehabilitation
s. 111
PART 10--REHABILITATION
Victorian Legislation and Parliamentary Documents
111. Rehabilitation
(1) The holder of an authority must rehabilitate any
land that is used in carrying out any operation
5 under the authority and must, as far as is
practicable, complete the rehabilitation of the land
before the authority, or any renewed authority,
ceases to apply to the land.
(2) It is sufficient compliance with this section in
10 respect of an operation if the holder of an
authority fully complies with the rehabilitation
measures in the operation plan concerning that
operation.
112. Minister may carry out rehabilitation
15 (1) The Minister may do anything necessary to
rehabilitate land that has been used for a
geothermal energy operation if he or she--
(a) is not satisfied that the land has been
rehabilitated as required by section 111; or
20 (b) is satisfied that further rehabilitation of the
land is necessary; or
(c) is asked to do so by the owner of the land.
(2) The Minister may only do this if he or she has
asked the holder or former holder of the authority
25 to rehabilitate the land and the holder has failed to
do so within a reasonable period after the request.
(3) The Minister may recover as a debt due to the
Crown in a court of competent jurisdiction any
amount incurred under sub-section (1) that cannot
30 be recovered from the rehabilitation bond that
applies in respect of the land.
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(4) If the Minister refuses to act on a request under
sub-section (1)(c), he or she must inform the
owner of the land of the reasons for that refusal.
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Part 11--Information
s. 113
PART 11--INFORMATION
Victorian Legislation and Parliamentary Documents
Division 1--Information to be Given to Minister
113. Authority holder must provide information to
Minister
5 The holder of an authority must--
(a) collect the information and samples required
by the regulations; and
(b) keep the records required by the regulations
in the form required by the regulations; and
10 (c) give the Minister any information, samples
or records when required to do so by the
regulations.
Penalty: 60 penalty units.
114. Minister may require person to provide information
15 (1) This section applies if the Minister has reason to
believe that a person has information, a document
or a thing that relates to a geothermal energy
operation.
(2) The Minister may require the person--
20 (a) to give the information, document or thing to
the Minister within a specified time and in a
specified form; or
(b) to appear before a person specified by the
Minister at a time and place specified by the
25 Minister to answer questions relating to the
geothermal energy operation or to produce
the document or thing.
(3) A requirement under sub-section (2) must be
made in writing.
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(4) A person--
(a) must comply with any requirement under
Victorian Legislation and Parliamentary Documents
sub-section (2); and
(b) must answer any question asked under sub-
5 section (2)(b); and
(c) must produce any document or thing
requested for production under sub-
section (2)(b).
Penalty: 60 penalty units.
10 (5) Any information, answer, document or thing
given or produced by a person under this section
is not admissible in any proceedings other than
proceedings in respect of the falsity of the
information, answer, document or thing.
15 115. False information not to be given
A person must not--
(a) in purported compliance with this Division,
give any information or answer that the
person knows is false or misleading in a
20 material detail; or
(b) produce any document that the person knows
is false or misleading in a material detail,
without informing the person to whom the
document is produced of the defect in the
25 document.
Penalty: 60 penalty units.
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s. 116
Division 2--Release of Information
116. Meaning of "release" and "information"
Victorian Legislation and Parliamentary Documents
(1) In this Division, a reference to the release of
information is a reference to making that
5 information publicly known, or available for
inspection by a member of the public, regardless
of whether a fee is charged in relation to the
release.
(2) In this Division, a reference to information
10 includes a reference to any sample and to a
portion of a sample.
117. Meaning of "interpretive information"
(1) In this Division "interpretive information"
means any matter contained in a document that is,
15 in the opinion of the Minister, an opinion or
conclusion that is at least partly based on
information relating to the sub-soil, a geothermal
energy resource or the geothermal energy in part
of an authority area or proposed authority area.
20 (2) The Minister may publish guidelines concerning
the identification of interpretive information.
118. Information that is not to be released
The Minister must not release at any time any of
the following details provided by an applicant for
25 an authority in applying for the authority--
(a) the technical qualifications of the applicant
or of the employees of the applicant;
(b) the technical advice available to the
applicant;
30 (c) the financial resources available to the
applicant.
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s. 119
119. Information about applications that may be released
(1) This section applies to any information contained
Victorian Legislation and Parliamentary Documents
in, or accompanying, an application for the grant
or renewal of an authority, but does not apply to--
5 (a) the information referred to in section 118;
(b) interpretive information.
(2) The Minister may release any information to
which this section applies at any time after the
grant or renewal of the authority, or the refusal to
10 grant or renew the authority.
120. Release of information about area that is no longer
an authority area
(1) This section applies to any information given to
the Minister under this Act by the holder of an
15 authority that relates to an area to which the
authority no longer applies.
(2) The Minister may release information to which
this section applies at any time after the expiry of
180 days from the date the authority under which
20 the information was given expires or was
surrendered or cancelled in relation to that area.
121. Release of factual information
(1) This section applies to any information given to
the Minister under this Act by the holder of an
25 extraction licence that relates to the licence area,
but it does not apply to interpretive information.
(2) The Minister may release any information to
which this section applies at any time after the
expiry of 1 year from the information collection
30 date.
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s. 122
122. Minister may give information etc. to other
Ministers
Victorian Legislation and Parliamentary Documents
(1) The Minister may give to another Minister or to a
Minister of the Commonwealth or of a State or
5 Territory--
(a) any information contained in a document to
which this Division applies that has been
given to the Minister; and
(b) any cores or cuttings from, or samples of, the
10 subsoil in an area, or samples of geothermal
energy resources recovered in an area, that
have been given to the Minister.
(2) The Minister may only give information, cores,
cuttings or samples to another Minister or to a
15 Minister of the Commonwealth or of a State or
Territory under sub-section (1) in accordance with
an arrangement between them that includes a
provision restricting the release by that Minister of
the information, cores, cuttings or samples to
20 circumstances in which it might be released by the
Minister under this Act.
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Part 12--Enforcement
s. 123
PART 12--ENFORCEMENT
Victorian Legislation and Parliamentary Documents
Division 1--Inspections
123. Authorisation of inspectors
(1) The Minister may authorise a person who the
5 Minister considers to be suitable to carry out
inspections for the purposes of this Act.
(2) The Minister must give each authorised person an
identity card that identifies the person by name as
an inspector under this Act and that contains a
10 photograph of the person.
(3) If a person's authorisation as an inspector is
revoked or expires, he or she must immediately
return his or her identity card to the Minister.
Penalty: 5 penalty units.
15 124. Production of identity card
An inspector must produce his or her identity card
for inspection--
(a) before exercising a power under this Part
other than a requirement made by post; and
20 (b) at any time during the exercise of a power
under this Part, if asked to do so.
Penalty: 10 penalty units.
125. Monitoring compliance with this Act
(1) An inspector may enter any premises that the
25 inspector believes has been, is being, or is to be,
used in connection with a geothermal energy
operation at any reasonable hour in the daytime
and at any time that the premises are open for
business and may--
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Part 12--Enforcement
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(a) inspect the premises and any thing on the
premises;
Victorian Legislation and Parliamentary Documents
(b) make copies of, or take extracts from, any
document kept on the premises;
5 (c) seize any thing on the premises if the
inspector believes on reasonable grounds that
it is necessary to seize the thing in order to
prevent its concealment, loss or destruction;
(d) test any equipment on the premises;
10 (e) take any photographs or make any audio or
visual recordings that the inspector considers
necessary;
(f) use any assistants the inspector considers
necessary to exercise the powers conferred
15 by this section.
(2) An inspector may exercise powers under this
section only to the extent that it is reasonably
necessary to do so for the purpose of determining
compliance with this Act or in connection with the
20 issue of a prohibition notice under section 145.
(3) An inspector may not continue to exercise any
powers under this section if he or she fails to
produce, on request, his or her identity card for
inspection by the occupier of the land.
25 (4) An inspector may not, under this section, enter a
residence for the purpose of determining
compliance with this Act unless the occupier of
the residence has consented in writing to the entry
and the carrying out of a search.
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126. Emergencies
(1) If an inspector reasonably believes that it is
Victorian Legislation and Parliamentary Documents
necessary to do so because of the existence, on
any premises that the inspector believes have
5 been, are being, or are to be, used in connection
with a geothermal energy operation, of an
immediate risk--
(a) that one or more people might be injured; or
(b) that property may be seriously damaged; or
10 (c) that significant damage may occur to the
environment; or
(d) that significant damage may occur to any
geothermal energy or geothermal energy
resource--
15 the inspector may at any time enter the premises
and exercise any power conferred by section
125(1).
(2) An inspector may not continue to exercise any
powers under this section if he or she fails to
20 produce, on request, his or her identity card for
inspection by the occupier of the premises.
(3) If an inspector exercises a power of entry under
this section without the owner or occupier being
present the inspector must, on leaving the
25 premises, leave a notice setting out--
(a) the time of entry; and
(b) the purpose of entry; and
(c) a description of all things done while on the
premises; and
30 (d) the time of departure; and
(e) the procedure for contacting the Department
for further details of the entry.
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127. Offence-related searches and seizures
(1) An inspector may only exercise powers under this
Victorian Legislation and Parliamentary Documents
section if he or she has reasonable grounds for
suspecting that there is on any premises a
5 particular thing that may be evidence of the
commission of an offence under this Act.
(2) The inspector, with any assistants he or she
considers necessary, may with the consent in
writing of the occupier of the premises, enter the
10 premises and search for the thing without applying
for a search warrant.
(3) An inspector must not enter and search any
premises with the consent of the occupier unless,
before the occupier consents to that entry, the
15 inspector has--
(a) produced his or her identity card for
inspection; and
(b) informed the occupier--
(i) of the purpose of the search; and
20 (ii) that the occupier may refuse to give
consent to the entry and search or to the
seizure of anything found during the
search; and
(iii) that the occupier may refuse to consent
25 to the taking of any sample of goods or
any copy or extract from a document
found on the premises during the
search; and
(iv) that anything seized or taken during the
30 search with the consent of the occupier
may be used in evidence in
proceedings.
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(4) If the thing is found during a search under sub-
section (2), the inspector may--
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(a) inspect any thing on the premises;
(b) inspect, and make copies of, or take extracts
5 from, the thing;
(c) seize the thing if the inspector believes on
reasonable grounds that it is necessary to
seize it in order to prevent its concealment,
loss or destruction.
10 128. Occupier to be given copy of consent
(1) An occupier who consents in writing to the entry
and search of their premises or residence under
section 125 or 127 must be given a copy of the
signed consent immediately.
15 (2) If, in any proceeding, a written consent is not
produced to the court, it must be presumed, until
the contrary is proved, that the occupier did not
consent to the entry and search.
129. Disputed property in possession of inspector
20 (1) This section applies if an inspector has taken
possession of any goods other than goods seized
under a warrant under section 130 and there is a
dispute as to whether any person claiming the
goods or which of any two or more persons
25 claiming the goods is entitled to the possession of
goods.
(2) The Magistrates' Court, upon the application of
the inspector, may--
(a) hear, receive and examine evidence about the
30 application; and
(b) order that the goods should be delivered by
the inspector to a specified person.
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(3) The Magistrates' Court must consider the
application in the presence of all the parties
claiming the goods and may consider the
Victorian Legislation and Parliamentary Documents
application in the absence of a party who does not
5 appear after having had reasonable notice of the
hearing of the application.
(4) If the Court makes an order for the delivery of
goods, the inspector must ensure the goods are
delivered in accordance with the order.
10 (5) If, after the making of an order, any action is
commenced against the inspector for the recovery
of the goods or the value of the goods, the fact of
the order and the delivery of the goods under the
order may be given and is admissible in evidence
15 in defence to the action.
(6) An order or the delivery of goods under this
section does not affect the rights or liabilities of
the persons claiming the goods or of the persons
who have been delivered the goods under an
20 order.
130. Search warrant
(1) An inspector may apply to a magistrate for the
issue of a search warrant in relation to particular
premises if the inspector believes on reasonable
25 grounds that there is, or may be within the next
72 hours, on the premises a particular thing that
may be evidence of the commission of an offence
under this Act.
(2) If a magistrate is satisfied that there are reasonable
30 grounds for suspecting that there is, or may be
within the next 72 hours, on the premises a
particular thing that may be evidence of the
commission of an offence under this Act, the
magistrate may issue a search warrant authorising
35 an inspector named in the warrant and any
assistants the inspector considers necessary--
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(a) to enter the premises, or the part of premises,
named or described in the warrant; and
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(b) to search for and seize any thing named or
described in the warrant.
5 (3) In addition to any other requirement, a search
warrant issued under this section must state--
(a) the offence suspected; and
(b) the premises to be searched; and
(c) a description of the thing for which the
10 search is to be made; and
(d) any conditions to which the warrant is
subject; and
(e) whether entry is authorised to be made at any
time or during stated hours; and
15 (f) a day, not later than 7 days after the issue of
the warrant, on which the warrant ceases to
have effect.
(4) A search warrant must be issued in accordance
with the Magistrates' Court Act 1989 and must
20 be in the form set out in the regulations under that
Act.
(5) Subject to any provision to the contrary in this
Act, the rules to be observed with respect to
search warrants mentioned in the Magistrates'
25 Court Act 1989 extend and apply to warrants
under this section.
131. Announcement before entry
(1) Before executing a search warrant, the inspector
named in the warrant or a person assisting the
30 inspector must announce that he or she is
authorised by the warrant to enter the premises
and give any person at the premises an
opportunity to allow entry to the premises.
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(2) The inspector or a person assisting the inspector
need not comply with sub-section (1) if he or she
believes on reasonable grounds that immediate
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entry to the premises is required to ensure--
5 (a) the safety of any person; or
(b) that the effective execution of the search
warrant is not frustrated.
132. Copy of warrant to be given to occupier
If the occupier or another person who apparently
10 represents the occupier is present at the premises
when a search warrant is being executed, the
inspector must--
(a) identify himself or herself to that person by
producing his or her identity card for
15 inspection by that person; and
(b) give to that person a copy of the execution
copy of the warrant.
133. Receipt must be given for any thing seized
(1) An inspector may not seize a thing, apparently in
20 the possession or custody of a person, unless he or
she makes out and tenders to the person a receipt
for the thing seized that--
(a) identifies the thing; and
(b) states the name of the inspector and the
25 reason why the thing is being seized.
(2) If an inspector is unable to discover the identity of
the owner or custodian of any thing seized, the
inspector must leave the receipt with, or post it to,
the owner of the premises from which the thing
30 was seized.
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134. Copies of certain seized things to be given
(1) If an inspector seizes--
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(a) a document; or
(b) a thing that can be readily copied; or
5 (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
10 after the seizure.
(2) Sub-section (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
15 identity of the owner or custodian of any
document, thing or device seized.
135. Use of equipment to examine or process things
(1) An inspector may bring on to any premises any
equipment reasonably necessary for the
20 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
25 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
30 in order to determine whether they are things that
may be seized.
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(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
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found at the premises in order to determine
5 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
10 (b) the examination or processing can be carried
out without damage to the equipment or the
thing.
136. Use or seizure of electronic equipment at premises
(1) If--
15 (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
20 (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--
25 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
30 finds that a disk, tape or other storage device at
the premises contains information of the kind
referred to in sub-section (1)(c), he or she may--
(a) put the information in documentary form and
seize the documents so produced; or
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(b) copy the information to another disk, tape or
other storage device and remove that storage
device from the premises; or
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(c) if it is not practicable to put the information
5 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
10 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
15 to the equipment.
137. Compensation 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
20 to exercise) any power conferred by this Act.
(2) Despite sub-section (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.
25 (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
30 available at the time, had provided any warning or
guidance as to the operation of the equipment that
was appropriate in the circumstances.
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138. Return of seized things
(1) If an inspector seizes a thing under this Act, the
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inspector must take reasonable steps to return the
thing to the person from whom it was seized if the
5 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
10 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.
15 139. Magistrates' 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.
20 (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
25 (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.
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140. Power of inspector to require information or
documents
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(1) An inspector who--
(a) exercises a power of entry under this Act;
5 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
10 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.
15 (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
20 reasonable excuse, to comply with a requirement
made under sub-section (1).
Penalty: 60 penalty units.
(4) A person must not, in response to a request under
this Division--
25 (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
30 false or misleading and, if practicable,
providing correct information.
Penalty: 60 penalty units.
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141. Refusal or failure to comply with requirement
A person must not, without reasonable excuse,
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refuse or fail to comply with a requirement of an
inspector under this Part.
5 Penalty: 60 penalty units.
142. Protection 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
10 this Act, if the giving of the information or the
doing of that other thing would tend to incriminate
the person.
(2) Despite sub-section (1), it is not a reasonable
excuse for a natural person to refuse or fail to
15 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.
143. Offence to obstruct inspector
20 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
25 power given to the inspector by this Act in
accordance with this Act.
Penalty: 60 penalty units.
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Division 2--Improvement and Prohibition Notices
144. Improvement notice
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(1) This section applies if the Minister is satisfied that
the holder of an authority--
5 (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
10 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
15 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
20 notice.
Penalty: 240 penalty units.
145. Prohibition notice
(1) This section applies if an activity or event is
occurring, or is likely to occur, in an authority
25 area that, in the opinion of the Minister, creates an
immediate risk--
(a) that one or more people might be injured; or
(b) that property may be seriously damaged; or
(c) that significant damage may occur to the
30 environment; or
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(d) that significant damage may occur to any
geothermal energy or geothermal energy
resource.
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(2) The Minister may issue to the holder of the
5 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
10 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
15 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
20 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.
25 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
30 after the relevant prohibition takes effect.
Penalty: 20 penalty units for each day the
offence continues after the prohibition
takes effect.
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146. Right to review
(1) A person may apply to the Tribunal for a review
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of a decision by the Minister to issue an
improvement or prohibition notice.
5 (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
10 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.
15 (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
20 (b) the holder abandons the application for the
review or receives written notice that the
Tribunal has dismissed the application.
147. Defences to charge of failing to comply with a notice
(1) In a proceeding for an offence of failing to comply
25 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.
30 (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.
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Division 3--Offences
148. Offences by corporations also offences by officers
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(1) This section applies if--
(a) an offence is committed against this Act by a
5 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
10 of, an officer of the corporation.
(2) The officer is also guilty of the offence and is
liable to the penalty for that offence.
149. Offences by partners
(1) This section applies if a person holds an authority
15 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
20 penalty for that offence.
150. Offences 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.
25 (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.
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151. Offences by employees and agents
(1) This section applies if a person who commits an
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offence under this Act committed the offence
while acting--
5 (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
10 is liable to the penalty for that offence.
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PART 13--ADMINISTRATION
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Division 1--Geothermal Energy Register
152. Establishment of register
The Minister must cause a geothermal energy
5 register to be established and maintained.
153. Effect 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
10 item is registered in the geothermal energy
register--
(a) authorities;
(b) variations, cancellations, suspensions,
extensions, or the surrender of all or part of
15 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;
20 (e) any other document that is required to be
registered under section 154.
154. Other documents to be registered
The Minister, by notice published in the
Government Gazette, may require that a document
25 of a specified kind relating to an authority be
registered.
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155. Entries in register on devolution of title
(1) The devolution by operation of law of any rights
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under an authority, or any interest in, or conferred
by, an authority, has no effect until a document in
5 a form approved by the Minister that provides
evidence of the devolution is registered in the
geothermal energy register.
(2) Sub-section (1) applies despite anything to the
contrary in any Act or rule of law.
10 (3) Nothing in this section limits any discretion
conferred on the Minister by Division 4 of Part 6.
156. Registration
(1) To register a document, the Minister must--
(a) either--
15 (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
20 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
25 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;
30 (b) require that documents of a particular type be
in a specified form before accepting them for
registration;
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(c) require that documents of a particular type
contain specified information before
accepting them for registration.
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157. Effect of registration
5 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.
10 158. Inspection 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
15 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.
20 159. Minister'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
25 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.
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160. Minister may make corrections to register
(1) The Minister may alter the geothermal energy
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register to correct a clerical error or an obvious
defect in the register.
5 (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
10 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.
15 161. Right 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.
20 (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
25 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.
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162. Offences relating to the register
A person must not wilfully--
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(a) make, cause to be made, or concur in
making, a false entry in the geothermal
5 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
10 this Part.
Penalty: 120 penalty units.
163. Officials must not disclose information
(1) A person must not disclose any information that is
obtained by him or her while exercising a power
15 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
20 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
25 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
30 proceedings at the direction of a court; or
(d) the information is in the public domain at the
time it is disclosed or used.
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(4) Sub-section (3) is not intended to interfere with
any rights another person may have with regard to
the disclosure or use of the information.
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Division 2--Other Administrative Matters
5 164. Minister 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
10 time specified in the request.
165. Form 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.
15 (2) Each authority or other document that the Minister
issues under this Act is to be in the form
determined by the Minister.
166. Delegation
(1) The Minister may, in writing, delegate to any
20 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
25 Department any power of the Secretary under this
Act, other than this power of delegation.
Division 3--Fees and Penalties
167. Applications not to be processed unless fee paid
If the regulations require the payment of a fee for
30 an application under this Act, the application must
not be considered until the fee is paid.
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168. Fees and penalties debts due to the State
A fee, royalty or other amount payable under this
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Act is a debt due to the State by the person by
whom the amount is payable and is recoverable in
5 any court of competent jurisdiction.
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PART 14--REGULATIONS
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169. Regulations
(1) The Governor in Council may make regulations
for or with respect to--
5 (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
10 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,
15 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
20 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
25 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
30 specified information to the Minister and to
keep specified information, records and
samples; and
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(h) requiring information to be contained in
work programs, development plans, unit
developments, operation plans, and other
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plans, manuals and reports required of
5 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
10 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
15 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,
20 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
25 (ii) approved by or to the satisfaction of a
specified person or a specified class of
person; or
(iii) as specified in both sub-paragraphs (i)
and (ii); and
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Act No.
Part 14--Regulations
s. 169
(d) may apply, adopt or incorporate any matter
contained in any document whether--
Victorian Legislation and Parliamentary Documents
(i) wholly or partially or as amended by
the regulations; or
5 (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
10 (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
15 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
20 achievement of a specified object in relation
to any particular subject matter.
__________________
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Act No.
Part 15--Amendments and Transitional Provisions
s. 170
PART 15--AMENDMENTS AND TRANSITIONAL
PROVISIONS
Victorian Legislation and Parliamentary Documents
See:
170. Catchment and Land Protection Act 1994 Act No.
52/1994.
In section 33(4) of the Catchment and Land Reprint No. 3
5 Protection Act 1994-- as at
5 August 2004
(a) after paragraph (b) insert-- and
amending
Act No.
"(ba) exploration for or extraction of
81/2004.
geothermal energy or geothermal LawToday:
www.dms.
energy resources within the meaning of
dpc.vic.
10 the Geothermal Energy Resources gov.au
Act 2004; or";
(b) in paragraph (c) after "under the" insert
"Geothermal Energy Resources Act 2004,
the".
See:
15 171. National Parks Act 1975 Act No. 8702.
Reprint No. 9
In section 40(2) of the National Parks Act 1975 as at
for "any authority granted under that Act" 16 November
2002
substitute "the Geothermal Energy Resources and
Act 2004 or any authority granted under either of amending
Act Nos
20 those Acts". 38/1989,
80/2003,
84/2003,
97/2003,
12/2004,
48/2004 and
64/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
See:
172. Nuclear Activities (Prohibitions) Act 1983 Act No. 9923.
Reprint No. 2
In section 2 of the Nuclear Activities as at
(Prohibitions) Act 1983, in the definition of 26 April 2001.
LawToday:
"mining title", after "under the" insert www.dms.
25 "Geothermal Energy Resources Act 2004, the". dpc.vic.
gov.au
105
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Geothermal Energy Resources Act 2004
Act No.
Part 15--Amendments and Transitional Provisions
s. 173
173. Petroleum (Submerged Lands) Act 1982
See:
Act No. 9772.
In section 15A of the Petroleum (Submerged
Reprint No. 4
Victorian Legislation and Parliamentary Documents
as at Lands) Act 1982--
1 January
2003
(a) in sub-section (2), after "1984" insert "or
and
5 the co-operative scheme within the meaning
amending
Act Nos
of the Crimes at Sea Act 1999";
10/2004 and
11/2004.
(b) in sub-section (4), after "1984" insert "or
LawToday:
the Crimes at Sea Act 1999".
www.dms.
dpc.vic.
gov.au
See: 174. Victorian Plantations Corporation Act 1993
Act No.
61/1993.
10 In the Victorian Plantations Corporation Act
Reprint No. 3
1993--
as at
3 May 2001
(a) in section 9(2)(b), after "of the" insert
and
amending
"Geothermal Energy Resources Act 2004,
Act Nos
the";
2/2004 and
48/2004.
15 LawToday: (b) in section 26(1), after "under the" insert
www.dms.
"Geothermal Energy Resources Act 2004,
dpc.vic.
gov.au the".
175. Effect on existing authorities and activities
(1) Nothing in this Act affects the operation of a
20 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
25 commencement of section 42 is deemed to be
authorised by an extraction licence issued under
and subject to this Act.
106
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Act No.
Part 15--Amendments and Transitional Provisions
s. 175
(3) The Minister may, within 24 months after the
commencement of section 42--
Victorian Legislation and Parliamentary Documents
(a) impose any conditions or limitations on a
licence referred to in sub-section (2); and
5 (b) issue an extraction licence under this Act as
documentary evidence of a licence referred
to in sub-section (2).
107
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Geothermal Energy Resources Act 2004
Act No.
Endnotes
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
108
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