Victorian Consolidated Legislation

GEOTHERMAL ENERGY RESOURCES ACT 2005

No. 7 of 2005
Version incorporating amendments as at 1 December 2008

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY MATTERS

   1.      Purpose
   2.      Commencement
   3.      Objectives and principles
   4.      Interpretation
   5.      Meaning of geothermal energy exploration
   6.      Meaning of geothermal energy extraction
   7.      Act binds the Crown
   8.      Relationship of this Act to certain other Acts
   9.      Application of this Act to land in Victoria
   10.     Non-application of Act
   11.     Minister may exempt land from application of Act
   12.     Geothermal energy is the property of the Crown
   13.     Crown retains Crown land geothermal energy rights
   14.     Offence to explore for geothermal energy unless authorised
   15.     Offence to extract geothermal energy unless authorised
   16.     Geothermal energy becomes the property of the person extracting it

   PART 2-EXPLORATION PERMITS

           Division 1-Rights

   17.     Rights conferred by exploration permit

           Division 2-Procedure for obtaining permits

   18.     Commencement of tender process
   19.     Application for permits
   20.     Chief factors to be considered in deciding competing
           applications
   21.     Notice to be given to applicants
   22.     Minister may make new grant if former grant refused
   23.     Procedure if tender does not result in the granting of a permit
   23A.    Priority of competing applications in respect of same land
   24.     Restrictions on permit area
   25.     Term of permit

           Division 3-Renewals

   26.     Renewal of permit
   27.     Application for renewal
   28.     Other factors to be considered in renewing permits
   29.     Renewed permit area to be reduced
   30.     Variation of work programs for renewed permits

           Division 4-Ministerial directions

   31.     Minister may give directions

   PART 3-RETENTION LEASES

   32.     Purpose of a retention lease
   33.     Rights conferred by lease
   34.     Right to apply for lease
   35.     Details to be supplied with application
   36.     Factors determining grant of application
   37.     Restrictions on area to which lease applies
   38.     Term of lease
   39.     Procedure if lease not to be granted
   40.     Minister may require review of commercial viability
   41.     Minister may give directions if extraction viable

   PART 4-EXTRACTION LICENCES

           Division 1-Rights

   42.     Rights conferred by licence

           Division 2-Procedure for obtaining licence

   43.     Application for licence
   44.     Commencement of tender process
   45.     Application for licences
   46.     Chief factors to be considered in deciding applications
   47.     Notice to be given to applicants

           Division 3-General provisions

   48.     Minister may make new grant if former grant refused
   49.     Restrictions on area to which licence applies
   50.     Term of licence

           Division 4-Development plans

   51.     Geothermal energy extraction development plans
   52.     Development plan to be lodged before extraction can start
   53.     Development plan must be adhered to
   54.     Minister may require variation of development plan
   55.     Minister may permit variation of development plan

   PART 5-UNIT DEVELOPMENT

   56.     Unit development
   57.     Minister may amend licence for unit development

   PART 6-PROVISIONS APPLYING TO AUTHORITIES GENERALLY

           Division 1-Applications

   58.     Applications for authorities
   59.     Applications are not transferable
   60.     Existing permits and leases continue until renewal applications etc. decided

           Division 2-Requirements

   61.     Work programs
   62.     Planning permits

           Division 3-Conditions

   63.     Conditions that may apply to authorities
   64.     Minister may vary conditions unilaterally
   65.     Minister may vary conditions by consent
   66.     Variation of conditions on renewal, consolidation or transfer
   67.     Suspension of conditions
   68.     Term of authority may be extended if condition suspended

           Division 4-Transfers of authorities

   69.     Transfers
   70.     Matters Minister must consider in assessing transfer application
   71.     Execution of transfer document insufficient to create interest
   72.     Partial transfers of permits and licences

           Division 5-Surrender or cancellation of authorities

   73.     Surrender of authority
   74.     Cancellation of authority
   75.     Additional grounds for the cancellation or partial cancellation
           of extraction licence
   76.     Procedure to be followed before authority cancelled
   77.     Minister may give directions if an authority is surrendered or cancelled or expires

           Division 6-Consolidation of authorities

   78.     Consolidation of adjoining authorities

   PART 7-REQUIREMENTS BEFORE OPERATIONS
   ALLOWED ON LAND

           Division 1-Wilderness Crown land

   79.     Operations on wilderness land barred

           Division 2-Operations requiring prior consent

   80.     Consent of Minister needed
   81.     Geothermal energy operations on restricted Crown land
   82.     Geothermal energy operations on water authority land
   83.     Provisions applying to consents
   84.     Right to seek review of refusal to give consent

           Division 3-Operations requiring notice

   85.     Operations on unrestricted Crown land
   86.     Notice to be given before operation carried out on any land

           Division 4-Other matters

   87.     Areas of aboriginal significance

   PART 8-COMPENSATION

   88.     Requirements before operation starts
   89.     What compensation is payable for-private land and native
           title interests
   90.     Compensation not payable for geothermal energy
   91.     What compensation is payable for-Crown land
   92.     Limit on total amount of compensation
   93.     Time limit on compensation claims
   94.     Determination of disputes
   95.     Determination of disputes-Crown land

   PART 9-OTHER OBLIGATIONS ABOUT CONDUCT OF OPERATIONS

           Division 1-Operation plans

   96.     Operation plan to be prepared
   97.     Plan must be observed in carrying out operation
   98.     Minister may permit variation of operation plan

           Division 2-Insurance

   99.     Insurance must be held

           Division 3-Rehabilitation bonds

   100.    Requirement to take out rehabilitation bond
   101.    Minister may require increased rehabilitation bond
   102.    Return of bond if rehabilitation satisfactory

           Division 4-Royalties

   103.    Liability for, and rate of, royalty
   104.    Rate of royalty
   105.    When royalty must be paid
   106.    Minister may vary royalty

           Division 5-Other obligations

   107.    Maintenance etc. of property
   108.    Authority holder must not interfere with other rights

           Division 6-Requirements at end of authority

   109.    Equipment must be removed once authority ceases
   110.    Minister may remove equipment

   PART 10-REHABILITATION

   111.    Rehabilitation
   112.    Minister may carry out rehabilitation

   PART 11-INFORMATION

           Division 1-Information to be given to Minister

   113.    Authority holder must provide information to Minister
   114.    Minister may require person to provide information
   115.    False information not to be given

           Division 2-Release of information

   116.    Meaning of release and information
   117.    Meaning of interpretive information
   118.    Information that is not to be released
   119.    Information about applications that may be released
   120.    Release of information about area that is no longer an authority area
   121.    Release of factual information
   122.    Minister may give information etc. to other Ministers

   PART 12-ENFORCEMENT

           Division 1-Inspections

   123.    Authorisation of inspectors
   124.    Production of identity card
   125.    Monitoring compliance with this Act
   126.    Emergencies
   127.    Offence-related searches and seizures
   128.    Occupier to be given copy of consent
   129.    Disputed property in possession of inspector
   130.    Search warrant
   131.    Announcement before entry
   132.    Copy of warrant to be given to occupier
   133.    Receipt must be given for any thing seized
   134.    Copies of certain seized things to be given
   135.    Use of equipment to examine or process things
   136.    Use or seizure of electronic equipment at premises
   137.    Compensation for damage
   138.    Return of seized things
   139.    Magistrates' Court may extend period
   140.    Power of inspector to require information or documents
   141.    Refusal or failure to comply with requirement
   142.    Protection against self-incrimination
   143.    Offence to obstruct inspector

           Division 2-Improvement and prohibition notices

   144.    Improvement notice
   145.    Prohibition notice
   146.    Right to review
   147.    Defences to charge of failing to comply with a notice

           Division 3-Offences

   148.    Offences by corporations also offences by officers
   149.    Offences by partners
   150.    Offences by joint venturers
   151.    Offences by employees and agents

   PART 13-ADMINISTRATION

           Division 1-Geothermal energy register

   152.    Establishment of register
   153.    Effect of registration
   154.    Other documents to be registered
   155.    Entries in register on devolution of title
   156.    Registration
   157.    Effect of registration
   158.    Inspection of register and documents
   159.    Minister's certificates
   160.    Minister may make corrections to register
   161.    Right to review of register entries
   162.    Offences relating to the register
   163.    Officials must not disclose information

           Division 2-Other administrative matters

   164.    Minister may require further information
   165.    Form of documents
   166.    Delegation

           Division 3-Fees and penalties

   167.    Applications not to be processed unless fee paid
   168.    Fees and penalties debts due to the State

   PART 14-REGULATIONS

   169.    Regulations

   PART 15-AMENDMENTS AND TRANSITIONAL
   PROVISIONS

   170.    Catchment and Land Protection Act 1994.
   171.    National Parks Act 1975.
   172.    Nuclear Activities (Prohibitions) Act 1983.
   173.    Petroleum (Submerged Lands) Act 1982.
   174.    Victorian Plantations Corporation Act 1993.
   175.    Effect on existing authorities and activities
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details