GEOTHERMAL ENERGY RESOURCES ACT 2005

Victorian Current Acts

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GEOTHERMAL ENERGY RESOURCES ACT 2005

TABLE OF PROVISIONS

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
20A. Grant of exploration permit
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 5A--SPECIAL ACCESS AUTHORISATIONS

57A. Special access authorisation
57B. Application for authorisation
57C. General criteria the Minister must consider
57D. Criteria that apply to permit, lease and licence areas
57E. Exception to section 57D
57F. Minister may vary area to which authorisation applies
57G. Authorisation does not give exclusive rights
57H. Term of authorisation
57I. Extension of term of authorisation
57J. Permit, lease or licence holder not liable for actions of authorisation holder
57K. Authorisation holder must give data to the Minister
57L. Authorisation holder must give data to permit, lease or licence holder

PART 5B--SPECIAL DRILLING AUTHORISATIONS

57M. Special drilling authorisation
57N. Application for special drilling authorisation
57O. General criteria the Minister must consider
57P. Criteria that apply to permit, lease and licence areas
57Q. Exception to section 57P
57R. Minister may vary area to which authorisation applies
57S. Authorisation does not give exclusive rights
57T. Term of authorisation
57U. Existing permit, lease or licence holder not liable for actions of authorisation holder
57V. Authorisation holder must give data to the Minister
57W. Authorisation holder must give data to permit, lease or licence holder

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
61A. Production operations also override planning schemes
62. Planning permits

Division 3--Conditions

63. Conditions that may apply to authorities
63A. Statutory condition of authority
63C. Further statutory condition of authority—agreements under Traditional Owner Settlement Act 2010
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
69A. Transfers in relation to special drilling authorisations
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
73A. Partial surrender of authority
74. Cancellation of authority
74A. Special drilling authorisation suspended or cancelled if primary authorisation suspended or cancelled
74B. Special drilling authorisation expires if primary authorisation expires
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

Division 7--Nature of authorities

78A. Authorities not personal property

Division 8--Miscellaneous matters

78B. Excision of area does not affect authority
78C. Expedited procedure for replacement of invalidated title
78D. Occupiers liability

Division 9--Planning matters

78E. Exploration under authority overrides planning schemes
78F. Amendments to planning schemes to facilitate exploration and extraction

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
166A. Surveys and drilling operations

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

175. Effect on existing authorities and activities
ENDNOTES

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