{"id":"geothermal-energy-act-2009","name":"Geothermal Energy Act 2009","slug":"geothermal-energy-act-2009","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30081,"registerId":"nt-geothermal-energy-act-2009-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Geothermal Energy Act 2009.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act commences on the date fixed by the Administrator by\nGazette notice.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Object of Act","content":"3 Object of Act\nThe object of this Act is to promote exploration for geothermal\nenergy resources and production of geothermal energy in the\nTerritory by implementing a scheme:\n(a) to give suitably qualified persons the right to occupy areas of\nland to conduct activities necessary for the exploration and\nproduction; and\n(b) to provide for protection of the environment during the\nexploration and production.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"4 Definitions\nIn this Act:\nAboriginal land, see section 3(1) of the ALRA.\napplication area means the area of land to which a geothermal\nauthority application relates.\napproved form means a form approved under section 117.\n\nGeothermal Energy Act 2009 2\napproved operations plan means a geothermal operations plan\napproved under section 68.\narea of land, in relation to an application area or geothermal\nauthority area, includes the area above, on or under the surface of\nthe land.\nblock, see section 5(3).\nconditions, of a geothermal authority, means conditions:\n(a) included in the authority by the Minister; and\n(b) applicable to the authority as specified under Part 5,\nDivision 3.\ncontractor means a person who, under a contract, performs work\nor supplies a service in connection with geothermal activities in a\ncritical incident means an occurrence, in a geothermal authority\narea, that has the potential to cause a significant adverse effect on\nthe environment.\nenvironmental harm, see section 82(1).\nenvironmental nuisance, see section 83(1).\nenvironmental obligation means an obligation under Part 8,\nDivision 2.\nenvironmental offence means an offence specified in Part 8,\nDivision 3.\nenvironmental protection strategy, for a geothermal authority\narea, means the strategy mentioned in section 67(2)(b) that is\nincluded in a geothermal operations plan for the area.\nexploration, for geothermal energy resources, includes the\nfollowing activities:\n(a) all methods of:\n(i) searching for the resources and taking samples for\nanalysis; and\n(ii) extracting and testing the resources for geothermal\nenergy to determine the commercial viability of\nproducing energy;\n\nGeothermal Energy Act 2009 3\n(b) the work and operations necessary to conduct the activities\nmentioned in paragraph (a).\nextraction, of geothermal energy resources or geothermal energy,\nincludes activities incidental to the extraction, including drilling and\nthe construction and operation of pumps and pipes.\nfuture act, see section 233 of the NTA.\nGDA 94 means the national datum known as Geocentric Datum of\nAustralia 1994 used for surveying, mapping and spatial referencing\nof geographical data.\ngeothermal activities means activities relating to exploration for,\nor extraction or production of, geothermal energy resources or\ngeothermal energy.\ngeothermal authority means 1 of the following:\n(a) a geothermal exploration permit;\n(b) a geothermal retention licence;\n(c) a geothermal production lease.\ngeothermal authority application means an application for:\n(a) the grant, renewal, variation or surrender of a geothermal\nauthority; or\n(b) the surrender of part of a geothermal authority area.\ngeothermal authority area means a permit area, licence area or\nlease area.\ngeothermal authority holder means a permit holder, licence\nholder or lease holder.\ngeothermal authority interest means a legal or equitable interest\nin or affecting, or a right under:\n(a) a geothermal authority; or\n(b) a geothermal authority application.\ngeothermal energy means heat energy that results from natural\ngeological processes and is contained in geothermal energy\nresources.\ngeothermal energy officer means a geothermal energy officer\nappointed under section 119.\n\nGeothermal Energy Act 2009 4\ngeothermal energy resources means any of the following\noccurring naturally within the Earth:\n(a) geothermal water;\n(b) rock or any other material containing heat energy.\ngeothermal exploration permit, see section 11(1).\ngeothermal operations plan, see section 67(2).\ngeothermal production lease, see section 30(1).\ngeothermal retention licence, see section 21(1).\ngeothermal water means:\n(a) water, water vapour or steam heated naturally within the Earth\nto 70°C or more; or\n(b) a mixture of such water, water vapour or steam.\ninformation includes documents.\nland of the Territory, see section 7(2).\nlease means a geothermal production lease.\nlease area means the area of land comprising the blocks to which a\nlease relates.\nlease holder means the holder of a geothermal production lease.\nlicence means a geothermal retention licence.\nlicence area means the area of land comprising the blocks to\nwhich a licence relates.\nlicence holder means the holder of a geothermal retention licence.\nmanagement system, for a geothermal authority area, means the\nsystem mentioned in section 67(2)(a) that is included in the\ngeothermal operations plan for the area.\nmaterial environmental harm, see section 83(2).\nmineral, see section 9 of the Mineral Titles Act 2010.\n\nGeothermal Energy Act 2009 5\nmineral title means one of the following:\n(a) a mineral title mentioned in section 11(1) of the Mineral Titles\nAct 2010;\n(b) a non-compliant existing interest as defined in section 204(1)\nof the Mineral Titles Act 2010.\nnative title holder, see section 224 of the NTA.\nnative title rights and interests, see section 223 of the NTA.\nnecessary criteria, for a geothermal authority application, means\nthe criteria specified in section 37.\noccupier, of land, includes:\n(a) a person who has control or management of the land; and\n(b) if a person holds a mineral title or petroleum interest for the\nland – the person.\nofficer means a geothermal energy officer.\noperator, for a geothermal authority area, means:\n(a) the person appointed in writing by the geothermal authority\nholder to control and manage the geothermal activities being,\nor to be, conducted in the area; or\n(b) if the geothermal authority holder has not appointed a person\nto be the operator for the area – the geothermal authority\nholder.\nowner, of land, includes the following:\n(a) a person registered under the Land Title Act 2000 as the\nowner of the land;\n(b) a person who has a legal or equitable interest in the land;\n(c) in relation to Aboriginal land – the Aboriginal Land Trust for\nthe land;\n(d) a native title holder or registered native title claimant in relation\nto the land.\npermit means a geothermal exploration permit.\npermit area means the area of land comprising the blocks to which\na geothermal exploration permit relates.\n\nGeothermal Energy Act 2009 6\npermit holder means the holder of a geothermal exploration\npermit.\npetroleum, see section 5(1) of the Petroleum Act 1984.\npetroleum interest, see section 5(1) of the Petroleum Act 1984.\nprescribed tribunal, in relation to a decision or hearing, means the\nTribunal or court that the regulations specify under section 123(1)\nmay conduct a review of the decision or the hearing.\nreasonably believes means believes on reasonable grounds.\nregister means the Geothermal Authorities Register mentioned in\nsection 70.\nregistered native title claimant, see section 253 of the NTA.\nregistration means the entry of information in the register.\nreserved block means a block reserved under section 6(1).\nsecurity means security required under Part 5, Division 7.\nserious accident means an occurrence, in a geothermal authority\narea, that causes material environmental harm.\nserious environmental harm, see section 83(3).\ntechnical work program, see section 65.\nterm, of a geothermal authority, means the period when the\nauthority is in force.\nthe ALRA means the Aboriginal Land Rights (Northern Territory)\nAct 1976 (Cth).\nthe NTA means the Native Title Act 1993 (Cth).\nworkforce means the people and entities working or providing\nservices in connection with geothermal activities in a geothermal\nauthority area.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Block","content":"5 Block\n(1) For this Act, the land of the Territory is taken to be divided into\ngraticular sections by the following lines:\n(a) the meridian of longitude 129 degrees east and each meridian\nof longitude east of it, with a distance of 1 minute between\neach of the meridians;\n\nGeothermal Energy Act 2009 7\n(b) the parallel of latitude 26 degrees south and each parallel of\nlatitude north of it, with a distance of 1 minute between each of\nthe parallels.\n(2) The geographical coordinates of the graticular sections are\ndetermined on the basis of GDA 94.\n(3) A block is so much of a graticular section that is within the land of\nthe Territory.\n(4) A reference in this Act to a block includes a reference to part of the\nblock.\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Reserved block","content":"6 Reserved block\n(1) The Minister may, by Gazette notice, reserve a specified block (a\nreserved block) from exploration for, or the extraction or\nproduction of, geothermal energy resources or geothermal energy.\n(2) A person is not entitled to apply for a geothermal authority for a\nreserved block unless a notice inviting applications has been\npublished under section 12.\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Land to which Act applies","content":"7 Land to which Act applies\n(1) This Act applies to all the land of the Territory.\n(2) The land of the Territory includes the coastal waters of the\nTerritory as defined in section 3(1) of the Coastal Waters (Northern\nTerritory Powers) Act 1980 (Cth).\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Act binds Crown","content":"8 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Ownership of geothermal energy","content":"9 Ownership of geothermal energy\n(1) The Territory owns geothermal energy contained in geothermal\nenergy resources before the resources are extracted in accordance\nwith a geothermal production lease.\n(2) A person who holds a geothermal production lease becomes the\nowner of geothermal energy resources and geothermal energy\nextracted in accordance with the lease.\n\nGeothermal Energy Act 2009 8\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Application of Criminal Code","content":"10 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":9},{"sectionNumber":"Div 1","sectionType":"division","heading":"Geothermal exploration permits","content":"Division 1 Geothermal exploration permits\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Geothermal exploration permit","content":"11 Geothermal exploration permit\n(1) A geothermal exploration permit is an instrument that:\n(a) gives the permit holder:\n(i) the right to occupy the permit area; and\n(ii) the exclusive right to conduct exploration for geothermal\nenergy resources in the permit area; and\n(2) The rights of the permit holder may by exercised only in accordance\nwith the conditions of the permit.\n(3) The permit remains in force:\n(a) for 5 years after the date it is granted or renewed; or\n(b) if it is surrendered or cancelled before that time – until the\nsurrender or cancellation takes effect.\n","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Invitation to apply for permit for reserved blocks","content":"12 Invitation to apply for permit for reserved blocks\n(1) The Minister may, by Gazette notice:\n(a) state that specified reserved blocks may be released for the\ngrant of geothermal exploration permits; and\n(b) invite applications for the grant of permits for any of the\nblocks.\n\nGeothermal Energy Act 2009 9\n(2) The notice must include the following information:\n(a) a description of the blocks that may be released, expressed in\ngeographical coordinates determined on the basis of GDA 94;\n(b) if applicable – the persons entitled to apply to the Minister for\nthe grant;\n(c) the period allowed for making an application;\n(d) the conditions on which an application may be made;\n(e) a statement that a permit may be granted only to an applicant\nwho complies with those conditions;\n(f) the information required from an applicant.\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"General entitlement to apply for permit","content":"13 General entitlement to apply for permit\n(1) A person may apply to the Minister for the grant of 1 or more\ngeothermal exploration permits.\n(2) The application area for each application for the grant of a permit\nmay comprise:\n(a) not more than 2 000 adjoining blocks; or\n(b) if the Minister has given written approval – more than 2 000\nadjoining blocks.\n(3) However, an application area must not comprise any of the\nfollowing blocks:\n(a) reserved blocks;\n(b) blocks within a geothermal authority area;\n(c) blocks that are within the application area for another\napplication for the grant of a permit received by the Agency on\nan earlier day.\n","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Consideration of applications received on same day","content":"14 Consideration of applications received on same day\n(a) the Agency receives, on the same business day, 2 or more\napplications for the grant of a geothermal exploration permit;\nand\n(b) the Minister is satisfied each application area is substantially\nthe same; and\n\nGeothermal Energy Act 2009 10\n(c) each applicant has met the requirements for the application\nspecified in section 35.\n(2) The Minister must decide which application has the greatest merit\nto be given consideration for the grant of a permit.\n(3) An application for the grant of a permit received by the Agency after\n4 pm on a business day is taken to have been received on the next\nbusiness day.\nNote\nSection 112(2) has the effect that the Minister need not consider an application\nunder this section if a fee prescribed for making the application has not been\npaid.\n","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Public notice of application","content":"15 Public notice of application\n(1) This section applies if, after considering an application for the grant\nof a geothermal exploration permit, the Minister is satisfied the\napplicant:\n(a) has met the necessary criteria for the application; and\n(b) has paid the advertising costs of giving public notice of the\napplication, as required by the Minister.\n(2) The Minister must publish, in a newspaper circulating throughout\nthe Territory, a notice stating that the application for a permit has\nbeen made.\n(3) The notice must include the following information:\n(a) the name of the applicant;\n(b) a description or map of the application area clearly indicating\nits location and boundaries;\n(c) a statement that an owner or occupier of land within or\nadjoining the application area may, in writing and within a\nspecified period, object to the grant of a permit;\n(d) a statement that any other person may, in writing and within a\nspecified period, make written submissions about the\napplication;\n(e) details of the address where objections and submissions may\nbe given to the Minister;\n(f) other details about the application that the Minister considers\nwill allow a person to make proper objections or submissions.\n\nGeothermal Energy Act 2009 11\n(4) The period stated under subsection (3)(c) or (d) must be at least\n30 days after the date the notice is published.\n(5) The Minister may require the applicant to give a copy of the notice\nto a particular owner (except a native title holder or registered\nnative title claimant) or occupier of land within or adjoining the\napplication area.\nNote for subsection (5)\nUnder the NTA, the Minister is responsible for giving notice of the application to\nnative title holders or registered native title claimants.\n(6) If the Minister is satisfied granting the permit will be a future act in\nrelation to any of the application area, the Minister must ensure the\nrelevant procedures under the NTA for giving notice of the\napplication, and allowing comments or objections, are followed.\n","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Objections, submissions and responses","content":"16 Objections, submissions and responses\n(1) As soon as practicable after the end of the period stated under\nsection 15(4), the Minister must give the applicant:\n(a) a copy of each objection and submission given to the Minister\nunder section 15; and\n(b) a notice stating the applicant's right to respond to any of the\nobjections or submissions within 21 days after the date of the\nnotice.\n(2) If the applicant wishes to respond to an objection or submission, the\napplicant must give the Minister, and the person who made the\nobjection or submission, a written response within the period stated\nunder subsection (1)(b).\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Deciding application","content":"17 Deciding application\n(1) The Minister may make a decision under this section only after the\nMinister has considered all of the following:\n(a) the application for the grant of a geothermal exploration\npermit;\n(b) all objections and submissions given to the Minister within the\nperiod stated under section 15(3)(c) or (d);\n(c) all responses to objections and submissions received from the\napplicant within the period stated under section 16(1)(b);\n(d) any other matter the Minister considers relevant to the\n\nGeothermal Energy Act 2009 12\n(2) The Minister may decide to:\n(a) grant a permit over all the blocks comprising the application\narea; or\n(b) grant a permit over some of the blocks comprising the\napplication area; or\n(c) refuse to grant a permit.\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Application for renewal","content":"18 Application for renewal\n(1) A permit holder may apply to the Minister for the renewal of the\npermit no earlier than 6 months, and no later than 3 months, before\nthe end of its term.\n(2) However, the application may only relate to the following number of\nblocks in the permit area:\n(a) if the permit area comprises an even number of blocks – no\nmore than half that number;\n(b) if the permit area comprises an uneven number of blocks – no\nmore than half that number plus 1.\n(3) The blocks specified in the application must comprise:\n(a) a single area of land; or\n(b) a number of discrete areas of land comprising 4 or more\nadjoining blocks.\nNote\nSee section 40 for information about the continuation of the current permit during\nthe application process.\n","sortOrder":18},{"sectionNumber":"19","sectionType":"section","heading":"Deciding application","content":"19 Deciding application\n(1) The Minister may decide to:\n(a) renew the geothermal exploration permit over all the blocks\ncomprising the application area; or\n(b) renew the permit over some of the blocks comprising the\napplication area; or\n(c) refuse to renew the permit.\n\nGeothermal Energy Act 2009 13\n(2) The Minister may renew the permit under subsection (1)(a) or (b)\nonly if the applicant has met the necessary criteria for the\n","sortOrder":19},{"sectionNumber":"20","sectionType":"section","heading":"Limit on renewals","content":"20 Limit on renewals\nThe Minister must not renew a geothermal exploration permit more\nthan twice.\n","sortOrder":20},{"sectionNumber":"21","sectionType":"section","heading":"Geothermal retention licence","content":"21 Geothermal retention licence\n(1) A geothermal retention licence is an instrument that:\n(a) gives the licence holder:\n(i) the right to occupy the licence area; and\n(ii) the exclusive right to conduct activities in the licence\narea that are necessary to evaluate the development\npotential of the geothermal energy resources discovered\nin the area; and\n(2) Activities for evaluating the development potential include any of\nthe following:\n(a) exploration;\n(b) appraisal drilling;\n(c) activities relating to environmental studies, commercial\nviability assessments and the design of infrastructure\nnecessary for the generation of power.\n(3) The licence does not give the licence holder the right to produce\ngeothermal energy commercially.\n(4) The rights of the licence holder may by exercised only in\naccordance with the conditions of the licence.\n(5) The licence remains in force:\n(a) for a period, specified in the licence, of not more than 5 years;\nor\n\nGeothermal Energy Act 2009 14\n(b) if it is surrendered or cancelled before that time – until the\nsurrender or cancellation takes effect.\n","sortOrder":21},{"sectionNumber":"22","sectionType":"section","heading":"Application for grant of licence","content":"22 Application for grant of licence\n(1) The holder of a geothermal exploration permit may, at any time\nduring the term of the permit, apply to the Minister for the grant of\n1 or more geothermal retention licences if the permit holder:\n(a) has given notice of the discovery of geothermal energy\nresources in the permit area as required by section 48; and\n(b) believes the resources are potentially commercially viable.\n(2) A proposed licence area may comprise all or part of the permit\n","sortOrder":22},{"sectionNumber":"23","sectionType":"section","heading":"Decision to grant licence","content":"23 Decision to grant licence\nThe Minister may decide to grant a geothermal retention licence to an\napplicant only if satisfied:\n(a) the geothermal energy resources discovered by the applicant\nare potentially commercially viable; and\n(b) the applicant has met the necessary criteria for the\n","sortOrder":23},{"sectionNumber":"24","sectionType":"section","heading":"Effect on geothermal exploration permit and permit area","content":"24 Effect on geothermal exploration permit and permit area\n(1) The term of a geothermal exploration permit and the permit area\nare not affected by:\n(a) an application for the grant of a geothermal retention licence\nover or within the permit area; or\n(b) the refusal by the Minister to grant a licence.\n(2) However, the grant of a geothermal retention licence within the\npermit area excises the licence area from the permit area.\n(3) The permit continues in force for the permit area that remains after\nthe licence area is excised.\n\nGeothermal Energy Act 2009 15\n","sortOrder":24},{"sectionNumber":"Div 3","sectionType":"division","heading":"Applications for renewals of licences","content":"Division 3 Applications for renewals of licences\n","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"When application for renewal of licence to be made","content":"25 When application for renewal of licence to be made\nA licence holder may apply to the Minister for a renewal of the\nlicence no later than 3 months before the end of its term.\nNote\nSee section 40 for information about the continuation of the current licence during\nthe application process.\n","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Deciding application","content":"26 Deciding application\nThe Minister may decide to renew a geothermal retention licence if\n1 of the following circumstances applies:\n(a) the Minister is satisfied the licence holder has met the\nnecessary criteria for the application;\n(b) the licence holder has not met the necessary criteria, but the\nMinister is satisfied there are circumstances to justify the\nrenewal.\n","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"Limit on renewals","content":"27 Limit on renewals\nThe Minister must not renew a geothermal retention licence more\nthan twice.\n","sortOrder":28},{"sectionNumber":"28","sectionType":"section","heading":"Requirement for commercial viability report","content":"28 Requirement for commercial viability report\n(1) If required by the Minister, a licence holder must give the Minister a\nreport about the commercial viability of the geothermal energy\nresources within the licence area.\n(2) The report must be given to the Minister within:\n(a) 90 days after the date of the requirement; or\n(b) the further period allowed by the Minister on the written\nrequest of the licence holder for an extension of time.\n","sortOrder":29},{"sectionNumber":"29","sectionType":"section","heading":"Requirement to apply for geothermal production lease","content":"29 Requirement to apply for geothermal production lease\n(1) If the Minister is satisfied commercial production of geothermal\nenergy should begin in a licence area, the Minister may require the\nlicence holder for the area to give written reasons why the licence\nholder should not apply for a geothermal production lease.\n\nGeothermal Energy Act 2009 16\n(2) The requirement must specify the period, of not less than 6 months,\nwithin which the licence holder must give the reasons.\n(3) If the Minister is not satisfied by the reasons given by the licence\nholder, or if the licence holder does not give reasons within the\nperiod allowed under this section, the Minister may:\n(a) require the licence holder to apply for a lease within a\nspecified period of not less than 3 months after the date of the\nnotice; or\n(b) cancel the licence.\n","sortOrder":30},{"sectionNumber":"30","sectionType":"section","heading":"Geothermal production lease","content":"30 Geothermal production lease\n(1) A geothermal production lease is an instrument that:\n(a) gives the lease holder:\n(i) the right to occupy the lease area; and\n(ii) the exclusive right to conduct activities in the lease area\nrelated to the production of geothermal energy and the\ngeneration of power; and\n(2) Activities related to the production of geothermal energy include:\n(a) continuing exploration for geothermal energy resources; and\n(b) extraction of geothermal energy resources or geothermal\nenergy.\n(3) Activities related to the generation of power include the construction\nand maintenance of buildings and infrastructure in connection with\nthe power generation.\n(4) The rights of the lease holder may be exercised only in accordance\nwith the conditions of the lease.\n(5) The lease remains in force until the date on which a surrender or\ncancellation of the lease takes effect.\n\nGeothermal Energy Act 2009 17\n","sortOrder":31},{"sectionNumber":"31","sectionType":"section","heading":"Entitlement to apply for lease","content":"31 Entitlement to apply for lease\n(1) The holder of a geothermal exploration permit or geothermal\nretention licence may, at any time during the term of the permit or\nlicence, apply to the Minister for the grant of 1 or more geothermal\nproduction leases within the permit area or licence area.\nNote for subsection (1)\nNotice of the discovery of geothermal energy resources must have been given\nunder section 48.\n(2) A person who does not hold a permit or licence for a particular area\nof land may apply for the grant of a lease for the land only if:\n(a) the land is not within a reserved block or geothermal authority\n(b) the person satisfies the Minister:\n(i) of the existence of geothermal energy resources within\nthe land; or\n(ii) that the person requires the lease to support geothermal\nenergy production in an existing lease area.\n(3) An applicant for the grant of a geothermal production lease must\napply for a lease area sufficient to:\n(a) cover the maximum extent of the geothermal energy\nresources within the lease area; and\n(b) enable future development, production and storage capacity.\n","sortOrder":32},{"sectionNumber":"32","sectionType":"section","heading":"Grant of lease","content":"32 Grant of lease\n(1) The Minister must grant a geothermal production lease to an\napplicant for the grant if the applicant has met the necessary criteria\nfor the application.\n(2) Also, the Minister may grant a lease to an applicant for the grant if:\n(a) the applicant has substantially met the necessary criteria for\nthe application; and\n(b) the Minister is satisfied there are circumstances to justify the\ngrant.\n\nGeothermal Energy Act 2009 18\n","sortOrder":33},{"sectionNumber":"33","sectionType":"section","heading":"Effect of grant of lease","content":"33 Effect of grant of lease\n(1) The term and geothermal authority area of a geothermal exploration\npermit or geothermal retention licence (the original authority) are\nnot affected by:\n(a) an application for the grant of a geothermal production lease\nwithin the original authority area; or\n(b) the refusal by the Minister to grant a lease.\n(2) However, the grant of a lease within the original authority area\nexcises the lease area from the original authority area.\n(3) The original authority continues in force for the original authority\narea that remains after the lease area is excised.\nDivision 3 Payment of royalties\n","sortOrder":34},{"sectionNumber":"34","sectionType":"section","heading":"Liability to pay royalty under lease","content":"34 Liability to pay royalty under lease\n(1) The Minister may include a condition in each geothermal production\nlease that the lease holder must pay to the Minister a royalty in\nrelation to all geothermal energy extracted under the lease.\n(2) The regulations may prescribe any of the following:\n(a) the rate at which a royalty is payable by each lease holder;\n(b) the method of calculating the rate of payment of a royalty;\n(c) the frequency and manner of payment of royalties;\n(d) matters incidental to the payment of royalties.\n","sortOrder":35},{"sectionNumber":"35","sectionType":"section","heading":"Making geothermal authority application","content":"35 Making geothermal authority application\n(1) A geothermal authority application is made when it is received by\nthe Agency.\n(2) A geothermal authority application must be substantially in\naccordance with the relevant approved form and must:\n(a) include the information required by the relevant approved\nform; and\n\nGeothermal Energy Act 2009 19\n(b) include any further information prescribed by regulation for the\nparticular application; and\n(c) be accompanied by each document that this Act states must\naccompany the application.\n(3) A geothermal authority application must be accompanied by a\ntechnical work program for the application area if the application is\nfor any of the following:\n(a) the grant or renewal of a geothermal exploration permit;\n(b) the grant or renewal of a geothermal retention licence;\n(c) the grant of a geothermal production lease.\nNote\nSection 112(2) has the effect that the Minister need not consider a geothermal\nauthority application if a prescribed fee for the application has not been paid.\n","sortOrder":36},{"sectionNumber":"36","sectionType":"section","heading":"Applications relating to Aboriginal land or future act","content":"36 Applications relating to Aboriginal land or future act\n(1) If an application area is within Aboriginal land, the Minister must not\ndecide the geothermal authority application unless satisfied the\napplicant has obtained the permit, consent or agreement required\nunder the ALRA for the applicant to conduct the geothermal\nactivities to which the application relates.\n(2) If a geothermal authority application is for the grant or renewal of a\ngeothermal authority, and the Minister is satisfied the grant or\nrenewal will be a future act in relation to any of the application area,\nthe Minister must not decide the application unless satisfied all\nprocedures under the NTA relevant to the future act have been\nfollowed.\n","sortOrder":37},{"sectionNumber":"37","sectionType":"section","heading":"Necessary criteria for geothermal authority application","content":"37 Necessary criteria for geothermal authority application\nThe necessary criteria to be met for a geothermal authority\napplication are as follows:\n(a) the applicant has given the Minister all the information\nrequired to make a proper decision;\n(b) the applicant has complied with any requirements of the\nMinister;\n(c) if the applicant currently holds 1 or more geothermal\nauthorities – the applicant has complied with each authority;\n\nGeothermal Energy Act 2009 20\n(d) if required by this Act – the Minister has approved the\ntechnical work program for the application area;\n(e) any other necessary criteria specified by regulation.\n","sortOrder":38},{"sectionNumber":"38","sectionType":"section","heading":"Procedure for making and notifying decisions","content":"38 Procedure for making and notifying decisions\n(1) When the Minister is deciding a geothermal authority application,\nthe Minister must follow the procedures prescribed by regulation in\nrelation to the following matters:\n(a) the matters to be taken into consideration in making the\ndecision;\n(b) giving notice about the decision or the intention to make the\ndecision;\n(c) the period within which the applicant may make submissions\nto the Minister about the decision or intention;\n(d) giving notice about the applicant's entitlement to a review of\nthe decision.\n(2) The Minister may, if it is necessary to ensure procedural fairness,\nextend a period prescribed for subsection (1).\n","sortOrder":39},{"sectionNumber":"39","sectionType":"section","heading":"Reasons for refusing geothermal authority application","content":"39 Reasons for refusing geothermal authority application\nThe Minister may refuse to grant, renew or vary a geothermal\nauthority, or to accept the surrender of a geothermal authority or\npart of a geothermal authority area, if any of the following apply:\n(a) the relevant geothermal authority application is deficient or\ndefective;\n(b) the applicant has not met the necessary criteria for the\napplication;\n(c) the grant, renewal or variation, or acceptance of the surrender,\nwould not be in the best interests of the Territory;\n(d) the Minister is satisfied there are other circumstances to justify\nthe refusal.\n\nGeothermal Energy Act 2009 21\n","sortOrder":40},{"sectionNumber":"40","sectionType":"section","heading":"Continuation of geothermal authority until related decision","content":"40 Continuation of geothermal authority until related decision\nmade\n(1) A geothermal authority (the existing authority) remains in force\nafter the end of its term if, before that time, the holder of the existing\nauthority has applied for:\n(a) a renewal of the existing authority; or\n(b) the grant of another geothermal authority, the entitlement to\nwhich is dependent on the existing authority.\n(2) The existing authority ceases to be in force on the day when the\nfollowing relevant decision of the Minister takes effect:\n(a) the refusal to renew the existing authority;\n(b) the grant or refusal to grant the other authority.\n","sortOrder":41},{"sectionNumber":"41","sectionType":"section","heading":"Rights in connection with occupation of authority area","content":"41 Rights in connection with occupation of authority area\n(1) The right of a geothermal authority holder to occupy the geothermal\nauthority area includes the right to:\n(a) enter and occupy the area at any time with the vehicles,\nmachinery and equipment necessary for, or incidental to,\nconducting the technical work program for the area; and\n(b) with the Minister’s written approval – fence all or part of the\narea to restrict access to the area or part; and\n(c) use the water resources of the area for the workforce in the\narea or in connection with the technical work program for the\n(2) In considering an application to fence all or part of a geothermal\nauthority area, the Minister must consider:\n(a) the interests of the owners and occupiers of land within or\nadjacent to the area or part; and\n(b) whether it is reasonable to fence the area or part.\n(3) The Minister's approval to fence may:\n(a) require the holder to give public notice of the fencing in a\nspecified way; and\n\nGeothermal Energy Act 2009 22\n(b) include other requirements.\n","sortOrder":42},{"sectionNumber":"42","sectionType":"section","heading":"Right to construct road for access to authority area","content":"42 Right to construct road for access to authority area\n(1) A geothermal authority holder has the right to enter land and\nconstruct a road, and do other work, to gain access to the\ngeothermal authority area by the shortest practicable route from:\n(a) a road as defined in section 5(1) of the Control of Roads\nAct 1953; or\n(b) a railway line; or\n(c) the sea or a waterway.\n(2) The geothermal authority holder may use the machinery, equipment\nand persons necessary to mark out and construct the road and do\nthe other work.\n","sortOrder":43},{"sectionNumber":"43","sectionType":"section","heading":"General conditions","content":"43 General conditions\n(1) Obligations and restrictions specified under this Division are\nconditions of a geothermal authority that apply in addition to\nconditions included in the authority by the Minister.\n(2) The Minister may include the conditions in a geothermal authority\nthat the Minister considers appropriate, including conditions\nrequiring the geothermal authority holder to obtain the Minister's\napproval before taking a particular action.\n(3) The conditions the Minister includes in a renewed geothermal\nauthority may be different to the conditions included in the authority\nbefore renewal.\n","sortOrder":44},{"sectionNumber":"44","sectionType":"section","heading":"Certain conditions extend to operator","content":"44 Certain conditions extend to operator\n(a) conditions included in a geothermal authority, or specified\nunder this Division, impose an obligation or restriction on the\ngeothermal authority holder in relation to the geothermal\nactivities conducted under the authority; and\n(b) the holder has appointed an operator for the geothermal\nauthority area.\n(2) The obligation or restriction imposed on the geothermal authority\nholder extends to the operator.\n\nGeothermal Energy Act 2009 23\n","sortOrder":45},{"sectionNumber":"45","sectionType":"section","heading":"Compensation for future act","content":"45 Compensation for future act\nIf the grant or renewal of a geothermal authority is a future act to\nwhich section 24GE of the NTA applies, the geothermal authority\nholder must reimburse the Territory for any amount of\ncompensation paid by the Territory under the NTA to the native title\nholders whose native title rights and interests are affected by the\nfuture act.\nNote\nThe Minister may also require a security under section 61.\n","sortOrder":46},{"sectionNumber":"46","sectionType":"section","heading":"Compliance with approved operations plan and Minister's","content":"46 Compliance with approved operations plan and Minister's\nrequirements\nA geothermal authority holder must comply with:\n(a) the approved operations plan for the geothermal authority\n(b) requirements given by the Minister to the holder under this\nAct.\n","sortOrder":47},{"sectionNumber":"47","sectionType":"section","heading":"Compliance with other laws","content":"47 Compliance with other laws\nA geothermal authority holder must:\n(a) in conducting geothermal activities in a geothermal authority\narea, comply with any requirement under a law in force in the\nTerritory in relation to the use of land or natural resources; and\n(b) ensure the workforce in the geothermal authority area\ncomplies with any such requirement.\n","sortOrder":48},{"sectionNumber":"48","sectionType":"section","heading":"Actions following discovery of particular resources","content":"48 Actions following discovery of particular resources\n(1) A geothermal authority holder must notify the Minister if any of the\nfollowing are discovered while geothermal activities are being\nconducted:\n(a) geothermal energy resources;\n(b) petroleum;\n(c) a mineral;\n(d) a significant underground water resource.\n\nGeothermal Energy Act 2009 24\n(2) As soon as practicable after the discovery, the geothermal authority\nholder must:\n(a) give the Minister written notice of it; and\n(b) take all reasonable actions to prevent the following:\n(i) contamination between aquifers and hydrocarbon\nbearing formations;\n(ii) leakage from, or pollution of, aquifers or hydrocarbon\nbearing formations.\n","sortOrder":49},{"sectionNumber":"49","sectionType":"section","heading":"Consent required from owners of certain land","content":"49 Consent required from owners of certain land\n(1) A geothermal authority holder must, before conducting geothermal\nactivities on the following land, obtain the written consent of the\nappropriate person to conduct the activities:\n(a) land lawfully used as a residence, yard, garden, orchard or\ncultivated field or within 50 metres of such land;\n(b) land within 200 metres of any artificial accumulation of water\nor outlet from which water may be obtained;\n(c) land used as a cemetery as defined in section 7 of the Burial\nand Cremation Act 2022 or within 200 metres of such land.\n(2) In this section:\nappropriate person means the following:\n(a) for subsection (1)(a) – the owner of the land used as a\nresidence, yard, garden, orchard or cultivated field;\n(b) for subsection (1)(b) – the owner of the land on which the\nwater or water outlet is situated;\n(c) for subsection (1)(c) – the responsible entity for the cemetery.\n","sortOrder":50},{"sectionNumber":"50","sectionType":"section","heading":"Consultation with holders of mineral title and petroleum","content":"50 Consultation with holders of mineral title and petroleum\ninterests\nBefore conducting geothermal activities on land in relation to which\na person holds a mineral title or petroleum interest, the geothermal\nauthority holder must consult with the holder of the title or interest\nabout the geothermal activities to be conducted.\n\nGeothermal Energy Act 2009 25\n","sortOrder":51},{"sectionNumber":"51","sectionType":"section","heading":"Payment of fees","content":"51 Payment of fees\n(1) A geothermal authority holder must pay fees in relation to a\ngeothermal authority as prescribed by regulation.\n(2) The regulations may prescribe any matter relevant to the payment\nof fees, including the following:\n(a) an amount (of a fixed sum or as calculated) payable for a\nparticular matter;\n(b) if an amount is to be calculated – the method of calculation;\n(c) the way in which payment may be made.\nfees includes rental payments.\n","sortOrder":52},{"sectionNumber":"52","sectionType":"section","heading":"Annual report","content":"52 Annual report\n(1) A geothermal authority holder must give the Minister an annual\nreport about the geothermal activities conducted under the\ngeothermal authority.\n(2) The regulations may prescribe any matter relevant to the annual\nreport, including the following:\n(a) the form and content of the report;\n(b) the time, in relation to the calendar year or term of the\ngeothermal authority, when the report must be given.\n","sortOrder":53},{"sectionNumber":"53","sectionType":"section","heading":"Drill cores, cuttings and other samples","content":"53 Drill cores, cuttings and other samples\n(1) As soon as practicable after a geothermal authority holder recovers\na drill core, cutting or other sample (each of which is a sample)\nfrom the geothermal authority area, the holder must give the\nMinister written notice of the recovery.\n(2) The notice must include a description of the place where the\nsample was recovered.\n(3) As soon as practicable after a geothermal authority holder ceases\nto conduct geothermal activities under the geothermal authority, the\nholder must give the Minister each sample recovered that has not\nbeen disposed of under subsection (4).\n(4) A geothermal authority holder may dispose of a sample before\nceasing geothermal activities under the geothermal authority only in\naccordance with the written authority of the Minister.\n\n","sortOrder":54},{"sectionNumber":"Div 4","sectionType":"division","heading":"Variation of conditions of geothermal authorities","content":"Division 4 Variation of conditions of geothermal authorities\nGeothermal Energy Act 2009 26\n(5) The regulations may prescribe any matter relevant to the following:\n(a) the giving of notice of the recovery of a sample;\n(b) the giving of a sample;\n(c) the keeping or disposal of a sample;\n(d) the examination of a sample.\nDivision 4 Variation of conditions of geothermal authorities\n","sortOrder":55},{"sectionNumber":"54","sectionType":"section","heading":"Application to vary conditions of geothermal authority","content":"54 Application to vary conditions of geothermal authority\n(1) This section applies only to conditions included in a geothermal\nauthority by the Minister.\n(2) The geothermal authority holder may apply to the Minister to vary\nthe conditions by taking 1 or more of the following actions:\n(a) amending a condition;\n(b) suspending a condition;\n(c) waiving a condition.\n(3) If the variation relates to the technical work program for the\ngeothermal authority area:\n(a) the application must be accompanied by a revised technical\nwork program and a varied geothermal operations plan; and\n(b) the Minister may appoint a person to evaluate the proposed\nvariation if:\n(i) the Minister has consulted the applicant about the\nappointment; and\n(ii) the applicant has paid the costs of the evaluation.\n(4) The Minister may decide to:\n(a) vary the conditions by taking the action requested in the\napplication; or\n(b) vary the conditions by taking another action; or\n(c) refuse to vary the conditions.\n\n","sortOrder":56},{"sectionNumber":"Div 6","sectionType":"division","heading":"Cancellation of geothermal authorities or parts of geothermal authorities","content":"Division 6 Cancellation of geothermal authorities or parts of geothermal authorities\nareas\nGeothermal Energy Act 2009 27\n","sortOrder":57},{"sectionNumber":"55","sectionType":"section","heading":"Extension of term of permit after suspension of condition","content":"55 Extension of term of permit after suspension of condition\nIf the Minister suspends a condition of a geothermal authority under\nsection 54, the Minister may also extend the term of the authority by\na period not exceeding the period of suspension.\n","sortOrder":58},{"sectionNumber":"Div 5","sectionType":"division","heading":"Surrender of geothermal authorities or parts of","content":"Division 5 Surrender of geothermal authorities or parts of\ngeothermal authorities areas\n","sortOrder":59},{"sectionNumber":"56","sectionType":"section","heading":"Application for acceptance of surrender","content":"56 Application for acceptance of surrender\n(1) A geothermal authority holder may apply to the Minister to accept\nthe surrender of:\n(a) the geothermal authority; or\n(b) part of the geothermal authority area.\n(2) The application must be accompanied by a report about the\nrestoration and rehabilitation that has been, or is currently being,\ncarried out in the relevant application area.\n","sortOrder":60},{"sectionNumber":"57","sectionType":"section","heading":"When Minister may accept surrender","content":"57 When Minister may accept surrender\n(1) The Minister may, by written notice, accept the surrender of a\ngeothermal authority, or part of a geothermal authority area, only if\nsatisfied the applicant has complied with the conditions of the\ngeothermal authority for all of the geothermal authority area.\n(2) The Minister may require the applicant to take the actions the\nMinister considers appropriate to ensure compliance with this\nsection and may refuse to accept the surrender if the applicant\ndoes not comply with the requirement.\nDivision 6 Cancellation of geothermal authorities or parts of\ngeothermal authorities areas\n","sortOrder":61},{"sectionNumber":"58","sectionType":"section","heading":"Decision to cancel","content":"58 Decision to cancel\n(1) The Minister may cancel:\n(a) a geothermal authority; or\n(b) a geothermal authority for part (the relevant part) of the\n\nDivision 6 Cancellation of geothermal authorities or parts of geothermal authorities\nareas\nGeothermal Energy Act 2009 28\n(2) Before making a decision to take action under subsection (1), the\nMinister must be satisfied the geothermal authority holder:\n(a) has contravened:\n(i) a condition of the geothermal authority; or\n(ii) a provision of this Act; or\n(b) became liable to pay an amount to the Territory under this Act\nand did not pay the amount within 3 months after becoming\nliable; or\n(c) has not used good work practices in carrying out the technical\nwork program in the geothermal authority area or relevant\npart; or\n(d) no longer has the financial resources to carry out the technical\nwork program for the whole of the area or relevant part; or\n(e) has not conducted geothermal activities in the area, or\nrelevant part, for a continuous period of 2 years.\n(3) This section does not prevent the Minister from also commencing\nproceedings against the geothermal authority holder for:\n(a) an offence against a provision of this Act; or\n(b) the recovery of an amount payable to the Territory under\nthis Act.\n","sortOrder":62},{"sectionNumber":"59","sectionType":"section","heading":"Effect of cancellation of geothermal authority","content":"59 Effect of cancellation of geothermal authority\n(1) If the Minister cancels a geothermal authority, or cancels a\ngeothermal authority for part of the geothermal authority area, the\ngeothermal authority holder must not apply for any geothermal\nauthority for the blocks subject to the cancellation within 2 years\nafter the date of cancellation.\n(2) Subsection (1) does not prevent any other person from applying for\na geothermal authority for the blocks the subject of the cancellation\nwithin the period specified in subsection (1) or at any later time.\n\nGeothermal Energy Act 2009 29\n","sortOrder":63},{"sectionNumber":"60","sectionType":"section","heading":"Security against environmental harm","content":"60 Security against environmental harm\n(1) This section applies:\n(a) before the Minister approves a geothermal operations plan for\na geothermal authority area; or\n(b) before the Minister registers the transfer of a geothermal\nauthority interest; or\n(c) at any time during the term of a geothermal authority; or\n(d) in other circumstances prescribed by regulation.\n(2) The Minister may require the relevant person to give a security for\nthe payment of costs and expenses that may be incurred by the\nMinister in relation to:\n(a) preventing, minimising or rectifying environmental harm\napparently resulting from geothermal activities conducted in\nthe geothermal authority area; or\n(b) rehabilitating the geothermal authority area.\nthe relevant person includes the following:\n(a) the applicant for a geothermal authority;\n(b) the person to whom a geothermal authority interest is to be\ntransferred;\n(c) the geothermal authority holder.\n","sortOrder":64},{"sectionNumber":"61","sectionType":"section","heading":"Security for compensation payable under the NTA","content":"61 Security for compensation payable under the NTA\n(1) This section applies if the Minister has made a decision to grant or\nrenew a geothermal authority and is satisfied the grant or renewal\nwill be a future act to which section 24GE of the NTA applies.\n(2) The Minister may, before granting or renewing the geothermal\nauthority, require the applicant to give a security for compensation\nfor the future act that may be payable by the Territory under the\nNTA to the native title holders whose native title rights and interests\nare affected by the future act.\n\nGeothermal Energy Act 2009 30\n","sortOrder":65},{"sectionNumber":"62","sectionType":"section","heading":"Form and amount of security","content":"62 Form and amount of security\nThe Minister may require a security to be given in the form, and for\nthe amount, the Minister considers necessary.\n","sortOrder":66},{"sectionNumber":"63","sectionType":"section","heading":"Compensation for damage to land","content":"63 Compensation for damage to land\n(1) This section applies in relation to:\n(a) an area of land within a geothermal authority area that is\ndamaged as a result of the geothermal activities conducted on\nthe land; or\n(b) land over which a geothermal authority holder has exercised a\nright under section 42 resulting in damage to the land.\n(2) The owner or occupier of the land is entitled to compensation from\nthe geothermal authority holder for the loss or damage in relation to\nthe person's interest in the land.\n","sortOrder":67},{"sectionNumber":"64","sectionType":"section","heading":"Compensation payable under the NTA","content":"64 Compensation payable under the NTA\n(1) This section applies if the grant or renewal of a geothermal\nauthority is a future act to which Part 2, Division 3, Subdivision M of\nthe NTA applies.\n(2) The geothermal authority holder is liable to pay compensation\nunder the NTA to the native title holders whose native title rights\nand interests are affected by the future act.\n","sortOrder":68},{"sectionNumber":"Part 6","sectionType":"part","heading":"Technical work programs and geothermal","content":"Part 6 Technical work programs and geothermal\noperations plans\n","sortOrder":69},{"sectionNumber":"65","sectionType":"section","heading":"Technical work program","content":"65 Technical work program\n(1) A technical work program is a document, in relation to a relevant\narea, that includes the following information:\n(a) a summary of the technical work to be done in connection with\nthe geothermal activities conducted, or proposed to be\nconducted, in the relevant area;\n(b) if the geothermal authority holder, or applicant for a\ngeothermal authority application, has appointed an operator\nfor the relevant area:\n(i) the name and contact details of the operator; and\n\nGeothermal Energy Act 2009 31\n(ii) a copy of the written document appointing the operator;\n(c) evidence of the financial and technical capacity of the operator\nto do the technical work summarised in the program;\n(d) any other information prescribed by regulation.\n(2) In this section:\nrelevant area means:\n(a) a geothermal authority area; or\n(b) an application area.\n","sortOrder":70},{"sectionNumber":"66","sectionType":"section","heading":"Approval of technical work program","content":"66 Approval of technical work program\nThe Minister may, in writing, approve a technical work program for\nan application area if the Minister is satisfied:\n(a) the program is appropriate for the geothermal activities\nproposed to be conducted in the area; and\n(b) the operator has the financial and technical capacity to carry\nout the work summarised in the program.\n","sortOrder":71},{"sectionNumber":"67","sectionType":"section","heading":"Geothermal operations plan","content":"67 Geothermal operations plan\n(1) Before beginning to conduct geothermal activities after the grant or\nrenewal of a geothermal authority, the geothermal authority holder\nmust give the Minister, for approval, a geothermal operations plan\nfor the geothermal authority area.\n(2) A geothermal operations plan, for a geothermal authority area, is\na document that includes the following information:\n(a) the system for implementing and managing the technical work\nto be done in the area;\n(b) the strategy that will operate in the area for the protection of\nthe environment;\n(c) any other information prescribed by regulation.\n(3) The management system may include the following details:\n(a) the management structure of the workforce;\n\nGeothermal Energy Act 2009 32\n(b) the duties of particular members of the workforce who are\nworking or providing services for the technical work program;\n(c) the competencies required for particular members of the\nworkforce.\n(4) The environmental protection strategy may include the following\ndetails:\n(a) the duties of particular members of the workforce under the\nstrategy;\n(b) instructions and procedures for particular members of the\nworkforce under the strategy.\n","sortOrder":72},{"sectionNumber":"68","sectionType":"section","heading":"Approval of geothermal operations plan","content":"68 Approval of geothermal operations plan\n(1) The approval of a geothermal operations plan must be in writing.\n(2) The approval may be subject to conditions relating to the following\nmatters:\n(b) the giving of a security;\n(c) the periods, in addition to those prescribed by regulation,\nwhen the geothermal operations plan must be reviewed and\ngiven to the Minister for approval;\n(d) any other matter the Minister considers appropriate.\n(3) If any part of a geothermal authority area is within a protected area,\nthe Minister must take into account the opinions of the responsible\nMinister and any responsible person.\n(3A) If a geothermal activity is required to be referred to the NT EPA\nunder Part 4, Division 3 of the Environment Protection Act 2019, the\nMinister must not approve a geothermal operations plan covering\nthat activity unless:\n(a) the NT EPA has determined that an environmental impact\nassessment is not required under that Act for that activity; or\n(b) if the NT EPA has determined that an environmental impact\nassessment is required – an environmental approval has been\ngranted under that Act for the activity; or\n(c) the Environment Protection Act 2019 otherwise permits the\ngranting of the approval of the geothermal operations plan.\n\nGeothermal Energy Act 2009 33\n(4) The Minister must not approve a geothermal operations plan for a\ngeothermal authority area that is within a protected area if:\n(a) the geothermal operations plan is inconsistent with any plan of\nmanagement (however described) in force for the protected\n(b) the responsible Minister or a responsible person objects to the\napproval.\n(5) In this section:\nprotected area means the following:\n(a) a park or reserve as defined in section 9(1) of the Territory\nParks and Wildlife Conservation Act 1976 or in section 3(1) of\nthe National Parks and Wildlife Conservation Act 1975 (Cth);\n(b) a wilderness zone as defined in section 9(1) of the Territory\nParks and Wildlife Conservation Act 1976;\n(c) a sanctuary as defined in section 3 of the Cobourg Peninsula\nAboriginal Land, Sanctuary and Marine Park Act 1981.\nresponsible Minister, for a protected area, means the Minister\nresponsible for the Act establishing the protected area.\nresponsible person, for a protected area, means a person or body\nresponsible for the management or control of the protected area.\n","sortOrder":73},{"sectionNumber":"69","sectionType":"section","heading":"Variation of geothermal operations plan","content":"69 Variation of geothermal operations plan\n(1) A geothermal authority holder may apply to the Minister for the\napproval of a variation of the geothermal operations plan for the\n(2) The Minister may, by written notice to a geothermal authority\nholder, require the holder to vary the geothermal operations plan for\nthe geothermal authority area.\nDivision 1 Registration of information relating to geothermal\n","sortOrder":74},{"sectionNumber":"70","sectionType":"section","heading":"Register","content":"70 Register\n(1) The Minister must keep a Geothermal Authorities Register.\n\nGeothermal Energy Act 2009 34\n(2) The register is a record of information relating to the following:\n(a) geothermal authority applications;\n(b) geothermal authorities;\n(c) geothermal authority interests;\n(d) dealings with geothermal authority applications and\ngeothermal authorities.\n(3) The Minister may:\n(a) keep information in the register in any form or combination of\nforms the Minister considers appropriate; and\n(b) publish on the Agency's website information from the register\nthat the Minister considers suitable for public inspection.\n(4) However, the Minister may withhold certain information if the\nMinister considers it is necessary to do so to preserve\nconfidentiality.\n(5) A person may inspect the register during the normal business hours\nof the Agency and, on request, may be given a copy or summary of\ninformation in the register.\n(6) The regulations may prescribe the following:\n(a) information to be entered in the register;\n(b) a fee payable by a person for inspecting the register and for a\ncopy or summary of information given to the person.\n","sortOrder":75},{"sectionNumber":"71","sectionType":"section","heading":"Evidence and validity of geothermal authority interest","content":"71 Evidence and validity of geothermal authority interest\n(1) A geothermal authority interest is not capable of being created,\ntransferred, assigned, devolved or dealt with in any way except by\nwritten instrument.\n(2) Registration under this Division of an instrument mentioned in\nsubsection (1) does not give the geothermal authority interest\nevidenced by the instrument any validity or effect that it would not\nhave had if this Division had not been enacted.\n","sortOrder":76},{"sectionNumber":"72","sectionType":"section","heading":"Registration of transfer of geothermal authority interest","content":"72 Registration of transfer of geothermal authority interest\n(1) A person who has a geothermal authority interest may apply to the\nMinister for registration of the transfer of the interest, or part of the\ninterest, to another person.\n\nGeothermal Energy Act 2009 35\n(2) The application must be accompanied by:\n(a) the instrument of transfer, signed by all the parties to the\ntransfer; and\n(b) if the transferee intends to change the technical work program\nor geothermal operations plan for the geothermal authority\narea – a revised work program and varied operations plan.\n(3) The Minister may register the transfer if satisfied it is appropriate to\ndo so.\n(4) The instrument of transfer has no effect until it is registered.\n","sortOrder":77},{"sectionNumber":"73","sectionType":"section","heading":"Registration of devolution of interest","content":"73 Registration of devolution of interest\n(1) A person on whom a geothermal authority interest has devolved by\noperation of law may apply to the Minister for registration of the\ndevolution.\n(2) The person must give the Minister documentary evidence of the\ndevolution.\n(3) If the Minister is satisfied a geothermal authority interest has\ndevolved on the person, the Minister must enter information relating\nto the devolution in the register.\n(4) For this Act, the devolution of the geothermal authority interest has\nno effect until the relevant information is entered in the register.\n","sortOrder":78},{"sectionNumber":"74","sectionType":"section","heading":"Notice of registration","content":"74 Notice of registration\n(1) After the Minister has registered the transfer of a geothermal\nauthority interest under section 72, the Minister must give written\nnotice of the registration to each party to the transfer.\n(2) After the Minister has registered the devolution of a geothermal\nauthority interest under section 73, the Minister must give written\nnotice of the registration to the person who applied for the\nregistration.\n(3) If the Minister considers it appropriate, the Minister may give written\nnotice of the registration of information relating to a geothermal\nauthority or geothermal authority application to a person who has\nan interest in the geothermal authority or application.\n","sortOrder":79},{"sectionNumber":"75","sectionType":"section","heading":"Correction of register","content":"75 Correction of register\n(1) The Minister may, on the Minister's own initiative or on application\nunder this section, correct an error in the register.\n\nGeothermal Energy Act 2009 36\n(2) The Minister must correct an error if satisfied the correction is\nnecessary to ensure accurate information relating to a geothermal\nauthority, or geothermal authority application, is entered in the\nregister.\n(3) A person may, in writing, apply to the Minister to correct the register\nin relation to any of the following matters:\n(a) the omission of a dealing or information;\n(b) the erroneous inclusion of a dealing or information;\n(c) an error or defect in information recorded.\n","sortOrder":80},{"sectionNumber":"76","sectionType":"section","heading":"Minister's certificates","content":"76 Minister's certificates\n(1) A certificate, purporting to be signed by the Minister, certifying a\nmatter relating to information recorded in the register is admissible\nin a proceeding as evidence of the matter certified.\n(2) The Minister may supply a person with a certificate mentioned in\nsubsection (1) if the person:\n(a) applies in writing for the certificate; and\n(b) pays the fee prescribed by regulation for the application.\n","sortOrder":81},{"sectionNumber":"77","sectionType":"section","heading":"Application of Law of Property Act 2000","content":"77 Application of Law of Property Act 2000\n(1) Subject to this section, the Law of Property Act 2000 applies in\nrelation to an interest in land acquired under a geothermal authority.\n(2) Part 7 of the Law of Property Act 2000 applies in relation to a\nmortgage of a geothermal authority as if a reference in that Part to\nthe Registrar-General were a reference to the Minister.\n(3) If there is an inconsistency between this Act and the Law of\nProperty Act 2000, this Act prevails.\n","sortOrder":82},{"sectionNumber":"78","sectionType":"section","heading":"Lodgment, acceptance and registration of caveat","content":"78 Lodgment, acceptance and registration of caveat\n(1) A person claiming a geothermal authority interest in a geothermal\nauthority or geothermal authority application (an affected\nauthority) may lodge with the Minister a caveat forbidding the\nregistration, except in accordance with section 81, of any dealing\nwith the affected authority that is received by the Minister after the\nMinister has accepted the caveat.\n\nGeothermal Energy Act 2009 37\n(2) The caveat must be:\n(a) in the approved form; and\n(b) state the name of the caveator and the address at which the\ncaveator may be given notices; and\n(c) state the interest claimed in the affected authority; and\n(d) be signed by the caveator or the caveator's representative.\n(3) The Minister may accept the caveat and, as soon as practicable\nafter doing so, must enter it in the register.\nNote for subsection (3)\nSection 112(1) and (2) has the effect that the Minister need not accept the caveat\nif it does not include the information required by this section or if a fee prescribed\nfor lodging the caveat has not been paid.\n(4) The caveat comes into force when the Minister accepts the caveat.\n","sortOrder":83},{"sectionNumber":"79","sectionType":"section","heading":"When caveat ceases to be in force","content":"79 When caveat ceases to be in force\n(1) The caveat ceases to be in force if:\n(a) it is withdrawn under subsection (2); or\n(b) the prescribed tribunal orders under section 80(3) that it be\nremoved from the register or cancelled; or\n(c) section 81(1)(a) applies and no notice of continuance is\naccepted under section 81(3).\n(2) The caveator may withdraw the caveat by giving the Minister a\nwritten notice of the withdrawal.\n(3) If the caveat ceases to be in force (the cancelled caveat), the\ncaveator must not lodge another caveat claiming the same\ngeothermal interest as specified in the cancelled caveat unless the\nprescribed tribunal orders otherwise.\n","sortOrder":84},{"sectionNumber":"80","sectionType":"section","heading":"Notice of caveat and application for cancellation or removal","content":"80 Notice of caveat and application for cancellation or removal\n(1) The Minister must give notice of the acceptance of a caveat to the\nholder of, or applicant for, the geothermal authority to which the\ncaveat relates.\n(2) The holder or applicant may apply to the prescribed tribunal for a\nsummons ordering the caveator to appear before the tribunal to\ngive reasons why the caveat should not be removed from the\nregister or cancelled.\n\nGeothermal Energy Act 2009 38\n(3) The prescribed tribunal may make the orders it considers\nappropriate, including an order that:\n(a) the caveat be removed from the register; or\n(b) if the caveat has not yet been entered in the register – the\ncaveat be cancelled.\n","sortOrder":85},{"sectionNumber":"81","sectionType":"section","heading":"Effect of caveat on registration of particular dealing","content":"81 Effect of caveat on registration of particular dealing\n(1) If, after accepting the caveat, the Minister receives an instrument\npurporting to deal with the geothermal authority or geothermal\nauthority application to which the caveat relates (the dealing), the\nMinister:\n(a) must give the caveator written notice of the receipt of the\ndealing; and\n(b) may enter the dealing in the register only after the caveat\nceases to have effect in relation to the dealing.\n(2) The caveat ceases to have effect in relation to the dealing:\n(a) at the end of 30 days after notice is given to the caveator\nunder subsection (1)(a); or\n(b) if a notice of continuance of the caveat is accepted under\nsubsection (3)(b) – on acceptance of the notice.\n(3) After the caveator receives a notice under subsection (1)(a):\n(a) the caveator may lodge with the Minister a written notice of the\ncontinuation of the caveat; and\n(b) the Minister must accept the notice of continuance if the\ncaveator:\n(i) lodges the notice before the end of the period mentioned\nin subsection (2)(a); and\n(ii) pays any fee prescribed for the lodgment.\n\nGeothermal Energy Act 2009 39\n","sortOrder":86},{"sectionNumber":"82","sectionType":"section","heading":"Environmental harm","content":"82 Environmental harm\n(1) For this Act, environmental harm is:\n(a) harm to or an adverse effect on the environment of any level\nmentioned in section 83 and any duration; or\n(b) potential harm to or potential adverse effect on the\nenvironment of any level mentioned in section 83 and any\nduration.\n(2) A reference in subsection (1)(b) to potential harm or potential\nadverse effect includes:\n(a) the risk of harm or an adverse effect; and\n(b) future harm or an adverse effect.\n","sortOrder":87},{"sectionNumber":"83","sectionType":"section","heading":"Levels of environmental harm","content":"83 Levels of environmental harm\n(1) Environmental nuisance is environmental harm that has, or may\nhave:\n(a) an adverse effect on the amenity of land caused by noise,\nsmoke, dust, fumes or odour; or\n(b) an unsightly or offensive condition on the land.\n(2) Material environmental harm is environmental harm that:\n(a) is not trivial or negligible in nature; or\n(b) consists of environmental nuisance of a high impact or on a\nwide scale; or\n(c) results, or is likely to result, in not more than the prescribed\namount being spent in taking appropriate action to prevent or\nminimise the environmental harm or rehabilitate the\nenvironment; or\n(d) results in actual or potential loss or damage to the value of not\nmore than the prescribed amount.\n\nGeothermal Energy Act 2009 40\n(3) Serious environmental harm is environmental harm that is more\nserious than material environmental harm and includes\nenvironmental harm that:\n(a) is irreversible or otherwise of a high impact or on a wide scale;\nor\n(b) damages an aspect of the environment that is of a high\nconservation value, high cultural value or high community\nvalue or is of special significance; or\n(c) results, or is likely to result, in more than the prescribed\namount being spent in taking appropriate action to prevent or\nminimise the environmental harm or rehabilitate the\nenvironment; or\n(d) results in actual or potential loss or damage to the value of\nmore than the prescribed amount.\nprescribed amount means:\n(a) $50 000; or\n(b) if the regulations prescribe a greater amount – that amount.\n","sortOrder":88},{"sectionNumber":"84","sectionType":"section","heading":"General obligation to take care of environment","content":"84 General obligation to take care of environment\nEach person in a geothermal authority area has an obligation to\ntake care of the environment.\n","sortOrder":89},{"sectionNumber":"85","sectionType":"section","heading":"Obligations generally","content":"85 Obligations generally\n(1) A person in a geothermal authority area must comply with\ninstructions and procedures applying to the person that are\nincluded in the environmental protection strategy for the area.\n(2) A person in a geothermal authority area must follow all reasonable\ndirections about preventing environmental harm that are given by:\n(a) the operator for the area; or\n(b) another member of the workforce having the duty to give the\nperson directions under the environmental protection strategy\nfor the area.\n\nGeothermal Energy Act 2009 41\n(3) A person must not:\n(a) cause environmental harm in a geothermal authority area; or\n(b) interfere with or misuse anything provided in a geothermal\nauthority area for environmental protection.\n","sortOrder":90},{"sectionNumber":"86","sectionType":"section","heading":"Obligations of owner who has appointed operator","content":"86 Obligations of owner who has appointed operator\nA geothermal authority holder who has appointed an operator for\nthe geothermal authority area must:\n(a) give the operator all relevant information available to the\nholder that may assist the operator to operate the\nenvironmental protection strategy; and\n(b) ensure the operator:\n(i) is competent; and\n(ii) provides adequate resources to operate the\nenvironmental protection strategy.\n","sortOrder":91},{"sectionNumber":"87","sectionType":"section","heading":"Obligations of operator","content":"87 Obligations of operator\n(1) The operator for a geothermal authority area must ensure the\nenvironmental impact of the work done under the technical work\nprogram is limited to the impact necessary for the geothermal\nactivities being conducted in the area.\n(2) To implement the geothermal operations plan, the operator must:\n(a) establish and maintain an appropriate management structure\nof competent persons; and\n(b) as far as practicable, ensure the workforce is competent to\nperform duties under the technical work program; and\n(c) provide adequate resources for the operation of the\nenvironmental protection strategy; and\n(d) ensure, by regular assessment, the environmental protection\nstrategy is effective.\n","sortOrder":92},{"sectionNumber":"88","sectionType":"section","heading":"Obligations of workforce","content":"88 Obligations of workforce\n(1) Each person in the workforce in a geothermal authority area must\nkeep informed about, and comply with, instructions and procedures\napplying to the person that are included in the environmental\nprotection strategy for the area.\n\nGeothermal Energy Act 2009 42\n(2) A contractor who employs members of the workforce in the area\nmust, as far as practicable, ensure that each employee complies\nwith subsection (1).\n(3) An employee of the operator for the area, or of a contractor working\nor providing services in the area, must, as soon as practicable,\nreport to the employer:\n(a) the occurrence of a serious accident or critical incident; or\n(b) a situation the employee has reason to believe may present a\nrisk to the environment.\n(4) A contractor working or providing services in the area must, as\nsoon as practicable, report to the operator for the area:\n(a) the occurrence of a serious accident or critical incident; or\n(b) a situation the contractor has reason to believe may present a\nrisk to the environment.\n","sortOrder":93},{"sectionNumber":"89","sectionType":"section","heading":"Consequence of contravention of environmental obligation","content":"89 Consequence of contravention of environmental obligation\n(1) A person who contravenes an obligation imposed by this Division\nmay be found guilty of an offence under Division 3 but the\ncontravention does not of itself constitute an environmental offence.\n(2) The fact that environmental harm has occurred in a geothermal\nauthority area is not of itself evidence of an environmental offence.\n","sortOrder":94},{"sectionNumber":"90","sectionType":"section","heading":"Serious environmental harm – recklessness","content":"90 Serious environmental harm – recklessness\n(1) A person commits an offence if the person:\n(a) engages in conduct in a geothermal authority area; and\n(c) the conduct results in serious environmental harm.\n(b) is reckless about whether the conduct will result in serious\n\nGeothermal Energy Act 2009 43\nlevel 1.\noffence against section 91(1), 92(1), 93(1), 94(1) or 95(1).\n","sortOrder":95},{"sectionNumber":"91","sectionType":"section","heading":"Serious environmental harm – negligence","content":"91 Serious environmental harm – negligence\nand\n(c) the conduct results in serious environmental harm.\n(b) is negligent about whether the conduct will result in serious\nlevel 2.\noffence against section 92(1), 93(1), 94(1) or 95(1).\n","sortOrder":96},{"sectionNumber":"92","sectionType":"section","heading":"Material environmental harm – recklessness","content":"92 Material environmental harm – recklessness\nand\n(c) the conduct results in material environmental harm.\n\nGeothermal Energy Act 2009 44\n(b) is reckless about whether the conduct will result in material\nlevel 2.\noffence against section 93(1), 94(1) or 95(1).\n","sortOrder":97},{"sectionNumber":"93","sectionType":"section","heading":"Material environmental harm – negligence","content":"93 Material environmental harm – negligence\nand\n(c) the conduct results in material environmental harm.\n(b) is negligent about whether the conduct will result in material\nlevel 3.\noffence against section 94(1) or 95(1).\n","sortOrder":98},{"sectionNumber":"94","sectionType":"section","heading":"Environmental nuisance – recklessness","content":"94 Environmental nuisance – recklessness\nand\n\nGeothermal Energy Act 2009 45\n(c) the conduct results in environmental nuisance.\n(b) is reckless about whether the conduct will result in\nenvironmental nuisance.\nlevel 3.\noffence against section 95(1).\n","sortOrder":99},{"sectionNumber":"95","sectionType":"section","heading":"Environmental nuisance – negligence","content":"95 Environmental nuisance – negligence\nand\n(c) the conduct results in environmental nuisance.\n(b) is negligent about whether the conduct will result in\nenvironmental nuisance.\nlevel 4.\n\nGeothermal Energy Act 2009 46\n","sortOrder":100},{"sectionNumber":"96","sectionType":"section","heading":"Operator must report serious accident or critical incident","content":"96 Operator must report serious accident or critical incident\n(1) As soon as practicable after the operator for a geothermal authority\narea becomes aware of the occurrence of a serious accident or\ncritical incident in the area, the operator must notify the Minister of\nthe occurrence.\n(2) If the operator gives oral notification under subsection (1), the\noperator must also give the Minister written confirmation of the\noccurrence as soon as practicable after the oral notification.\n","sortOrder":101},{"sectionNumber":"97","sectionType":"section","heading":"Operator must investigate serious accident","content":"97 Operator must investigate serious accident\n(1) If a serious accident occurs in a geothermal authority area, the\noperator for the area must:\n(a) carry out an investigation to assess, if possible, the cause of\nthe serious accident; and\n(b) give the Minister a written report about the serious accident\nwithin the prescribed period.\n(2) For subsection (1)(b):\n(a) the prescribed period is 14 days after the occurrence of the\nserious accident or the period agreed between the operator\nand Minister; and\n(b) the report must include:\n(i) details of the serious accident and an assessment of the\ncause of the accident; and\n(ii) information about remedial actions taken, or to be taken,\nin relation to the serious accident; and\n\nGeothermal Energy Act 2009 47\n(iii) recommendations for the prevention of the occurrence of\nfurther similar accidents.\n","sortOrder":102},{"sectionNumber":"98","sectionType":"section","heading":"No interference with place of serious accident","content":"98 No interference with place of serious accident\n(a) a serious accident has occurred in a geothermal authority\n(b) the person interferes with the place where the serious\naccident occurred.\n(a) knows a serious accident has occurred at the place; and\n(b) intentionally interferes with the place.\n(2) Subsection (1) does not apply if the person engages in conduct at\nthe place where the serious accident occurred to prevent further\n","sortOrder":103},{"sectionNumber":"Part 9","sectionType":"part","heading":"Legal proceedings, forfeiture or claim for","content":"Part 9 Legal proceedings, forfeiture or claim for\ndelivery of seized thing and miscellaneous\noffences\n","sortOrder":104},{"sectionNumber":"99","sectionType":"section","heading":"Commencing proceedings","content":"99 Commencing proceedings\n(1) Proceedings for an offence against a provision of this Act must not\nbe commenced more than 3 years after the occurrence of the\nalleged offence.\n(2) Proceedings for an offence against this Act may be commenced\nonly with the written consent of the Minister.\n(3) Subsection (2) does not apply to proceedings commenced by the\nAttorney-General or Director of Public Prosecutions.\n\nGeothermal Energy Act 2009 48\n","sortOrder":105},{"sectionNumber":"100","sectionType":"section","heading":"Continuing offences","content":"100 Continuing offences\n(1) This section applies if a court has found a person guilty of an\noffence against a provision of this Act.\n(2) The court may, in addition to any penalty imposed for the offence,\nimpose a penalty not exceeding 10 penalty units for each day\nduring which the offence continues after the day on which the\noffence is committed.\n","sortOrder":106},{"sectionNumber":"101","sectionType":"section","heading":"Liability of executive officers of body corporate","content":"101 Liability of executive officers of body corporate\n(1) If a body corporate commits an offence against this Act (the\nprincipal offence):\n(a) each executive officer of the body corporate commits an\noffence (the secondary offence); and\n(b) the officer is liable to the penalty applicable to an individual\nwho commits the principal offence.\n(2) However, it is a defence for an executive officer to establish:\n(a) the officer did not know, and could not reasonably have been\nexpected to know, the principal offence was to be or was\nbeing committed; or\n(b) the officer exercised due diligence to prevent the commission\nof the principal offence.\n(3) The executive officer may be found guilty of the secondary offence\neven though the body corporate has not been charged with, or\nfound guilty of, the principal offence.\n(4) This section does not affect the liability of the body corporate for the\nprincipal offence.\n(5) In this section:\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n\nGeothermal Energy Act 2009 49\n","sortOrder":107},{"sectionNumber":"102","sectionType":"section","heading":"Definitions","content":"102 Definitions\nIn this Division:\nrelevant offence means an offence in connection with which a\nthing was seized under section 122(1)(h).\nseized thing means a thing seized under section 122(1)(h) and\ndelivered under section 122(3)(b).\n","sortOrder":108},{"sectionNumber":"103","sectionType":"section","heading":"Court may order forfeiture","content":"103 Court may order forfeiture\n(1) This section applies in relation to a seized thing if a prosecution for\na relevant offence commences within 12 months after the delivery\nof the seized thing.\n(2) If a court finds a person guilty of the relevant offence, the court may\norder the seized thing be forfeited to the Territory.\n(3) The forfeiture is in addition to the penalty imposed for the offence.\n(4) If a person is found guilty of the relevant offence, the person is\nliable to pay to the Territory the reasonable costs of handling,\nmaintaining and storing the seized thing from the time it was seized,\nregardless of whether the court makes an order under\nsubsection (2).\n","sortOrder":109},{"sectionNumber":"104","sectionType":"section","heading":"Minister may give notice to claim delivery","content":"104 Minister may give notice to claim delivery\n(1) This section applies in relation to a seized thing if a prosecution for\na relevant offence:\n(a) is not commenced within 12 months after the delivery of the\nseized thing; or\n(b) is commenced within 12 months after the delivery of the\nseized thing and the court does not make an order under\nsection 103(2).\n(2) The Minister must give a notice to 1 of the following persons,\nrequiring the person to claim delivery of the seized thing within\n21 days after the date on which the person receives the notice:\n(a) the person from whom the thing was seized;\n(b) a person the Minister reasonably believes is the owner of the\nthing or has a legal interest in it.\n\nGeothermal Energy Act 2009 50\n(3) If the person claims delivery of the seized thing as required, the\nMinister must refer the claim to the Local Court for it to be dealt with\nas if it were a claim made by a claimant of property under\nsection 130B of the Local Court (Criminal Procedure) Act 1928.\n(4) If the person does not claim delivery of the seized thing as required,\nthe seized thing is forfeited to the Territory.\n","sortOrder":110},{"sectionNumber":"105","sectionType":"section","heading":"Compliance with conditions of authority","content":"105 Compliance with conditions of authority\nThe operator for a geothermal authority area commits an offence if\nthe operator:\n(a) engages in conduct; and\n(b) the conduct results in a contravention of a condition of the\ngeothermal authority for the area.\nThe operator:\n(b) is reckless about whether the conduct will result in the\ncontravention.\nMaximum penalty: 500 penalty units.\n","sortOrder":111},{"sectionNumber":"106","sectionType":"section","heading":"No activities without authority and approved operations plan","content":"106 No activities without authority and approved operations plan\nAn operator for a geothermal authority area commits an offence if\nthe operator:\n(a) conducts geothermal activities in the area; and\n(b) there is no current:\n(i) geothermal authority for the activities; or\n(ii) approved operations plan for the geothermal authority\nThe operator:\n(a) intentionally conducts the activities; and\n\nGeothermal Energy Act 2009 51\n(b) is reckless about whether there is a current:\n(i) geothermal authority for the activities; or\n(ii) approved operations plan for the area.\nMaximum penalty: 500 penalty units.\n","sortOrder":112},{"sectionNumber":"107","sectionType":"section","heading":"No interference with geothermal energy activities or other","content":"107 No interference with geothermal energy activities or other\nwork\nA person must not interfere with:\n(a) geothermal activities being conducted under a geothermal\nauthority; or\n(b) the construction of a road, or other work being done, under\nsection 42.\nFault element: The person intentionally interferes with the\nactivities, construction or other work.\nMaximum penalty: 400 penalty units or imprisonment for\n2 years.\n","sortOrder":113},{"sectionNumber":"108","sectionType":"section","heading":"Misleading information and document","content":"108 Misleading information and document\n(1) A person must not give misleading information to another person\nwho is exercising powers or performing functions under this Act.\n(a) knows the other person is acting in an official capacity; and\n(b) knows the information is misleading.\nMaximum penalty: 200 penalty units or imprisonment for\n1 year.\n(2) A person must not give a document containing misleading\ninformation to another person who is exercising powers or\nperforming functions under this Act.\n(a) knows the other person is acting in an official capacity; and\n\nGeothermal Energy Act 2009 52\n(b) knows the document contains misleading information.\nMaximum penalty: 200 penalty units or imprisonment for\n1 year.\n(3) Subsection (2) does not apply if the person, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the other\nperson's attention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe other person the information necessary to correct the\ndocument.\nmisleading information means information that is misleading in a\nmaterial particular because it:\n(a) does not include relevant information; or\n(b) includes misinformation.\n","sortOrder":114},{"sectionNumber":"109","sectionType":"section","heading":"Impersonation","content":"109 Impersonation\nA person must not falsely represent, by words or conduct, that\nthe person, or someone else, is:\n(a) an officer or a person lawfully assisting an officer; or\n(b) an authorised person mentioned in section 115(2) or a person\ngiving assistance mentioned in section 115(3)(b).\nFault element: Intention to deceive.\nMaximum penalty: 400 penalty units or imprisonment for\n2 years.\n","sortOrder":115},{"sectionNumber":"110","sectionType":"section","heading":"Obstruction and abusive language","content":"110 Obstruction and abusive language\n(1) A person must not obstruct an officer, or person assisting an officer,\nwho is exercising powers or performing functions under this Act.\n(a) intentionally obstructs the officer or person; and\n\nGeothermal Energy Act 2009 53\n(b) knows that the person who is obstructed is acting in an official\ncapacity.\nMaximum penalty: 100 penalty units or imprisonment for\n6 months.\n(2) A person must not use abusive, threatening or insulting language to\nan officer, or person assisting an officer, who is exercising powers\nor performing functions under this Act.\n(a) intentionally uses abusive, threatening or insulting language;\nand\n(b) knows that the person to whom the language is used is acting\nin an official capacity.\nMaximum penalty: 100 penalty units or imprisonment for\n6 months.\n","sortOrder":116},{"sectionNumber":"111","sectionType":"section","heading":"Delegation","content":"111 Delegation\nThe Minister may, in writing, delegate to a person any of the\nMinister's powers and functions under this Act.\n","sortOrder":117},{"sectionNumber":"112","sectionType":"section","heading":"Minister may require further information and prescribed fee","content":"112 Minister may require further information and prescribed fee\n(1) Before making a decision relating to any application under this Act,\nthe Minister may require the applicant to give the Minister additional\ninformation relevant to the application.\n(2) If a fee is prescribed for making an application, giving a notice or\nlodging a document under this Act, the Minister may refuse to make\na decision or do any act in relation to the application, notice or\ndocument until the fee is paid.\n(3) At any time during the term of a geothermal authority, the Minister\nmay require the geothermal authority holder to give the Minister\ninformation relevant to the authority.\n\nGeothermal Energy Act 2009 54\n","sortOrder":118},{"sectionNumber":"113","sectionType":"section","heading":"Requirements to be in writing","content":"113 Requirements to be in writing\nIf the Minister requires a person to give information or take an\naction under this Act, the requirement must be by notice in writing.\n","sortOrder":119},{"sectionNumber":"114","sectionType":"section","heading":"Minister may extend time","content":"114 Minister may extend time\n(1) If this Act, or a notice under this Act, specifies a time for a person to\ntake an action, the Minister may extend the time if satisfied there\nare circumstances to justify the extension.\n(2) The Minister may extend the time on the Minister's own initiative or\non the written request of the person required to take the action.\n","sortOrder":120},{"sectionNumber":"115","sectionType":"section","heading":"Minister may take action if condition or requirement","content":"115 Minister may take action if condition or requirement\ncontravened\n(a) a condition of a geothermal authority requires the geothermal\nauthority holder or former geothermal authority holder (a\nrelevant authority holder) to take an action in relation to the\ngeothermal authority area; or\n(b) the Minister requires a relevant authority holder to take an\naction in relation to the geothermal authority area.\n(2) If the relevant authority holder does not comply with the\nrequirement, the Minister or a person authorised by the Minister (an\nauthorised person) may enter the geothermal authority area and\ntake the action the Minister or authorised person considers\nnecessary.\n(3) The Minister or authorised person may take the action:\n(a) regardless of whether the geothermal authority is still in force;\nand\n(b) with the assistance that is necessary.\n(4) The costs incurred by the Minister or authorised person in taking\nthe action are payable to the Territory by the relevant authority\nholder.\n","sortOrder":121},{"sectionNumber":"116","sectionType":"section","heading":"Guidelines","content":"116 Guidelines\n(1) The Minister may publish guidelines relating to geothermal\nauthorities and geothermal activities.\n\nGeothermal Energy Act 2009 55\n(2) The guidelines may be published on the Agency's website or in any\nother way the Minister considers appropriate.\n(3) The guidelines may apply, adopt or incorporate a standard, code or\nother document:\n(a) as in force or existing at a particular time; or\n(b) as in force from time to time.\n","sortOrder":122},{"sectionNumber":"117","sectionType":"section","heading":"Approval of forms","content":"117 Approval of forms\nThe Minister may approve forms to be used for this Act.\n","sortOrder":123},{"sectionNumber":"118","sectionType":"section","heading":"Release and protection of information","content":"118 Release and protection of information\n(1) The Minister may release or publish information about a geothermal\nauthority:\n(a) if the term of the authority expires – at any time after the date\nof expiry; or\n(b) if the authority is surrendered or cancelled – at any time after\nthe date on which the surrender or cancellation takes effect; or\n(c) if the information is all or part of an annual report given to the\nMinister under section 52 – no earlier than 5 years after the\nexpiry of the time prescribed for the giving of the report; or\n(d) in any other circumstance – no earlier than 5 years after the\ndate on which the Minister received the information.\n(2) However, the Minister must not release or publish the following\ninformation about a geothermal production lease during the term of\nthe lease:\n(a) the production data relating to the sale of geothermal energy;\n(b) the geothermal operations plan for the geothermal activities\nconducted under the lease;\n(c) information prescribed by regulation.\n(3) The Minister must not, during the consideration of a geothermal\nauthority application, release or publish any of the following\ninformation given by the applicant:\n(a) the technical qualifications of the operator for the application\narea;\n(b) the financial resources available to the operator;\n\nGeothermal Energy Act 2009 56\n(c) interpretive information about the application area;\n(d) information prescribed by regulation.\ninterpretive information, in relation to a geothermal authority or\ngeothermal authority application, means information the Minister\nconsiders to be an opinion or conclusion relating to the sub-soil, a\ngeothermal energy resource or geothermal energy in the\ngeothermal authority area or application area.\nrelease, of information, includes making the information available\nfor inspection in the register.\n","sortOrder":124},{"sectionNumber":"119","sectionType":"section","heading":"Appointment of officers","content":"119 Appointment of officers\n(1) The Minister may, in writing, appoint a public sector employee to be\na geothermal energy officer.\n(2) The Minister may do so only if the Minister is satisfied the person\nhas appropriate qualifications or experience for the appointment.\n","sortOrder":125},{"sectionNumber":"120","sectionType":"section","heading":"Identity card","content":"120 Identity card\n(1) In exercising a power or performing a function under this Act, a\ngeothermal energy officer must carry an identity card provided by\nthe Minister that:\n(a) states the officer's name and office; and\n(b) includes:\n(i) the signature of the officer; and\n(ii) a photograph of the officer; and\n(iii) the verification of the signature and photograph by the\nMinister.\n(2) A person who ceases to be an officer must return the identity card\nto the Minister within 14 days after the cessation.\nMaximum penalty: 10 penalty units.\n\nGeothermal Energy Act 2009 57\n(3) It is a defence to a prosecution for an offence against\nsubsection (2) if the defendant establishes a reasonable excuse.\n(4) If an officer purports to exercise a power under this Act without\nproducing the officer's identity card when requested to do so:\n(a) the officer is not authorised to exercise the power; and\n(b) a person is not required to comply with a requirement made by\nthe officer.\n","sortOrder":126},{"sectionNumber":"121","sectionType":"section","heading":"Functions of officer","content":"121 Functions of officer\nA geothermal energy officer has the following functions:\n(a) to enforce this Act;\n(b) to monitor environmental protection strategies in geothermal\nauthority areas;\n(c) to inspect and audit geothermal authority areas and\ngeothermal activities to assess:\n(i) levels of environmental risk; and\n(ii) whether the applicable technical work programs and\ngeothermal operations plans are being complied with;\n(d) to ensure that timely corrective or remedial action is taken to\nprevent environmental harm or the risk of environmental harm;\n(e) to investigate serious accidents and critical incidents and\nmake reports about them to the Minister;\n(f) to receive and investigate complaints in relation to geothermal\nauthority areas or geothermal activities;\n(g) to give advice and information to the Minister, persons\ninvolved in geothermal activities and the public;\n(h) to collect and collate statistics about geothermal activities and\nthe geothermal energy industry, as required by the Minister.\n","sortOrder":127},{"sectionNumber":"122","sectionType":"section","heading":"Powers of officer","content":"122 Powers of officer\n(1) Subject to this Act, a geothermal energy officer may, in relation to a\ngeothermal authority area do any of the following:\n(a) enter and inspect the area at any time, with the assistants the\nofficer considers necessary;\n\nGeothermal Energy Act 2009 58\n(b) require the assistance of the geothermal authority holder, the\noperator, a contractor or another member of the workforce to\nobtain access to parts of the area or information necessary to\nenable the officer to perform the officer's functions;\n(c) require a person to give the officer information that is\nreasonably necessary:\n(i) to assist the officer to perform a function under this Act;\nor\n(ii) for the administration or enforcement of this Act;\n(d) require the geothermal holder, the operator, a contractor or\nanother member of the workforce to attend and answer\nquestions in connection with an investigation into:\n(i) a serious accident or critical incident; or\n(ii) a complaint received by the officer; or\n(iii) other matters relevant to this Act;\n(e) issue written instructions to the operator;\n(f) direct the operator to take action to ensure compliance with\nthe geothermal operations plan for the area or other\nobligations under this Act;\n(g) close all or part of the area if the officer has assessed there is\nan immediate risk of a serious accident;\n(h) if the officer reasonably believes that an offence against this\nAct has been, is being or is about to be committed – seize or\nsecure any thing the officer reasonably believes has been, is\nbeing or is about to be used in connection with the\ncommission of the offence;\n(i) take any other action that may be reasonably necessary to:\n(i) protect the environment; or\n(ii) ensure compliance with this Act or the operations plan\nfor the area; or\n(iii) prevent the commission of an offence against this Act.\n(2) A geothermal officer exercising a power under subsection (1)(h)\nmay do so without a warrant and with the assistance the officer\nconsiders necessary.\n\nDivision 3 Review of decisions and hearing of other matters\nGeothermal Energy Act 2009 59\n(3) As soon as practicable after an officer seizes a thing under\nsubsection (1)(h), the officer must:\n(a) give the Minister a written report about the seizure; and\n(b) deliver the thing to the Minister or a person authorised in\nwriting by the Minister to accept delivery of it.\n(4) A person must not contravene a requirement given to the person\nunder this section.\nMaximum penalty: 100 penalty units.\n(5) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant establishes a reasonable excuse.\nDivision 3 Review of decisions and hearing of other matters\n","sortOrder":128},{"sectionNumber":"123","sectionType":"section","heading":"Regulations may provide for reviews and hearings","content":"123 Regulations may provide for reviews and hearings\n(1) The regulations may specify that a review of a decision mentioned\nin subsection (2), or a hearing mentioned in subsection (3), may be\nconducted by:\n(a) the Civil and Administrative Tribunal; or\n(b) a court of competent jurisdiction.\n(2) The regulations may provide for matters relevant to the review of\nthe following decisions of the Minister:\n(a) a decision relating to a geothermal authority application;\n(b) a decision relating to the entry of information in the register;\n(c) a decision relating to the approval of a matter specified by this\nAct;\n(d) any other decision made under this Act that is specified by\nregulation to be a reviewable decision.\n(3) The regulations may also provide for any matter relevant to an\napplication to a prescribed tribunal permitted under this Act.\n\nGeothermal Energy Act 2009 60\n","sortOrder":129},{"sectionNumber":"123A","sectionType":"section","heading":"Licence not personal property","content":"123A Licence not personal property\nFor section 8(1)(k) of the Personal Property Securities Act 2009\n(Cth), each of the following is not personal property for that Act:\n(a) a geothermal authority;\n(b) a geothermal authority interest.\nNote for section 123A\nA law of the Commonwealth, a State or a Territory may declare a right, licence or\nauthority granted by or under that law not to be personal property for the\nPersonal Property Securities Act 2009 (Cth).\n","sortOrder":130},{"sectionNumber":"124","sectionType":"section","heading":"Acquisition on just terms","content":"124 Acquisition on just terms\nIf the operation of this Act would, apart from this section, result in\nan acquisition of property otherwise than on just terms:\n(a) the person is entitled to receive from the Territory the\ncompensation necessary to ensure the acquisition is on just\nterms; and\n(b) a court of competent jurisdiction may decide the amount of\ncompensation or make the orders it considers necessary to\nensure the acquisition is on just terms.\n","sortOrder":131},{"sectionNumber":"125","sectionType":"section","heading":"Protection from liability","content":"125 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as any of the following:\n(a) a geothermal energy officer;\n(b) a person assisting an officer under this Act;\n(c) an authorised person mentioned in section 115(2);\n(d) a person mentioned in section 115(3)(b) who is assisting the\nMinister or authorised person.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\nexercise, of a power, includes the purported exercise of the power.\n\nGeothermal Energy Act 2009 61\nperformance, of a function, includes the purported performance of\nthe function.\n","sortOrder":132},{"sectionNumber":"126","sectionType":"section","heading":"Regulations","content":"126 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) The regulations may deal with the following matters:\n(a) procedures relating to geothermal authority applications and\nother applications, including procedures for giving public\nnotice, making decisions, notifying an applicant of a decision\nand the applicant's entitlement to make further submissions or\napply for a review of the decision;\n(b) applications for, and decisions about, entries of information in\nthe register and inspections of the register;\n(c) information to be provided to the Minister in relation to\ngeothermal authority applications, geothermal authorities and\ngeothermal activities;\n(d) information to be included in a management system or\nenvironmental protection strategy;\n(e) the prescription of fees for applications made under this Act or\nfor other matters;\n(f) the imposition of a fine, not exceeding 200 penalty units, for\nan offence against the regulations;\n(g) the designation of an offence against the regulations to be an\nenvironmental offence level 3 or level 4;\n(h) the provision of an offence against this Act to be an offence of\nstrict or absolute liability;\n(i) the enforcement of a code of practice, including by providing\nthat a contravention of the code is an offence against the\nregulations;\n(j) the application, adoption or incorporation (with or without\nchanges) of the whole or part of a document as in force or\nexisting at a particular time or from time to time;\n(k) the way in which an action required or permitted to be done\nunder this Act may be done;\n(l) discretions that may be exercised by the Minister.\n\nGeothermal Energy Act 2009 62\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nGeothermal Energy Act 2009 (Act No. 10, 2009)\nAssent date 26 May 2009\nCommenced 1 December 2009 (Gaz S65, 25 November 2009)\nStatute Law Revision Act 2009 (Act No. 25, 2009)\nAssent date 1 September 2009\nCommenced 16 September 2009 (Gaz G37, 16 September 2009, p 3)\nPersonal Property Securities (National Uniform Legislation) Implementation Act 2010\n(Act No. 30, 2010)\nAssent date 9 September 2010\nCommenced ss 58 to 60: 30 January 2012 (Gaz, S2, 24 January 2012);\nrem: 25 November 2011 (Gaz,S68, 25 November 2011)\nMineral Titles (Consequential Amendments) Act 2010 (Act No. 37, 2010)\nAssent date 18 November 2010\nCommenced 7 November 2011 (Gaz G41, 12 October 2011, p 5)\nNorthern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction\nAmendments) (No. 2) Act 2014 (Act No. 35, 2014)\nAssent date 13 November 2014\nCommenced pts 4, 9, 10 and 19: 1 June 2015 (Gaz S53, 29 May 2015,\np 2); rem: 1 January 2015 (Gaz G51, 24 December 2014, p 7)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) Gaz S34,\n29 April 2016)\n\nGeothermal Energy Act 2009 63\nEnvironment Protection Act 2019 (Act No. 31, 2019)\nAssent date 9 October 2019\nCommenced 28 June 2020 (Gaz G17, 29 April 2020, p 2)\nAmending Legislation\nStatute Law Revision and Repeals Act 2019 (Act No. 33, 2019)\nAssent date 6 November 2019\nCommenced pts 2 and 3: 11 December 2019 (Gaz G50,\n11 December 2019, p 2); rem: 7 November 2019 (s 2)\nBurial and Cremation Act 2022 (Act No. 16, 2022)\nAssent date 9 August 2022\nCommenced 28 November 2022 (Gaz S60, 23 November 2022)\nStatute Law Revision and Repeals Act 2026 (Act No. 3, 2026)\nAssent date 9 February 2026\nCommenced 10 February 2026 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 42, 49, 68, 77 and 104.\n4 LIST OF AMENDMENTS\ns 4 amd No. 37, 2010, s 5; No. 3, 2026, s 64\ns 49 amd No. 16, 2022, s 222\ns 50 amd No. 37, 2010, s 5\ns 55 amd No. 25, 2009, s 10\ns 68 amd No. 31, 2019, s 305\ns 104 amd No. 8, 2016, s 45\ns 123 amd No. 35, 2014, s 41\ns 123A ins No. 30, 2010, s 37","sortOrder":133}],"analysis":{"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2829},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original core purpose of regulating geothermal energy exploration and production. Amendments listed in the endnotes (including updates for the Personal Property Securities Act, Environment Protection Act, and court jurisdictional changes) are machinery amendments to maintain consistency with other legislation, rather than substantive expansion of the Act's scope or policy intent."},"complexity_factors":["50+ defined terms in section 4, including technical geographic references (GDA 94 graticular sections) and specialised native title concepts ('future act', 'registered native title claimant')","Six-tiered matrix of environmental offences (section 90-95) combining three levels of harm (nuisance, material, serious) with two fault elements (recklessness and negligence), including alternative verdict provisions allowing conviction for lesser offences","Extensive cross-referencing to 10+ external statutes including the Native Title Act 1993 (Cth), Aboriginal Land Rights Act 1976 (Cth), Criminal Code, Mineral Titles Act 2010, Petroleum Act 1984, and Environment Protection Act 2019","Conditional procedural logic for renewals requiring strict time windows (3-6 months before expiry) and mandatory 50% land area surrender for exploration permit renewals (section 18)","Property law concepts applied to statutory permits, including caveat procedures (sections 78-81), devolution of interests (section 73), and mortgage provisions adapted from the Law of Property Act 2000 (section 77)","Dual approval requirements for geothermal operations plans in protected areas requiring alignment with park management plans and NT EPA environmental impact assessments (section 68)","Interaction between three distinct tenure types (permit, licence, lease) with specific excision rules determining how land moves between categories (sections 24, 33)"],"plain_english_summary":"This Act sets up the licensing regime for tapping into the Northern Territory's underground heat reserves (geothermal energy) for power generation.\n\n**Who it affects**\n*   **Exploration companies** wanting to search for or extract hot rocks and geothermal water\n*   **Landowners**, including pastoralists, Aboriginal Land Trusts, and native title holders\n*   **The environment**, through strict protection duties and criminal offences for damage\n*   **Local communities** near drilling operations\n\n**The three-stage permission system**\nThe Act creates a pipeline of permits that escalate in rights and obligations:\n\n1.  **Exploration Permits** – Give exclusive rights to search for geothermal resources over a defined area (called \"blocks\") for up to 5 years. Companies must advertise their intentions publicly, consider objections from landowners, and can renew twice (but must surrender half the land area each renewal).\n\n2.  **Retention Licences** – A \"holding pattern\" licence for when resources are found but aren't yet commercially viable. Allows further evaluation drilling and studies for up to 5 years (renewable twice), but not commercial production.\n\n3.  **Production Leases** – The final stage granting rights to extract resources and generate power. Requires payment of royalties to the Territory. Once a lease is granted over part of a permit or licence, that land is \"excised\" (carved out) from the earlier permit.\n\n**Key protections and obligations**\n*   **Aboriginal and Native Title rights**: Special procedures apply under the *Aboriginal Land Rights Act* and *Native Title Act*. The Minister must ensure proper consultation and agreements are in place before granting permits over affected land.\n*   **Landowner rights**: Companies need written consent to work within 50 metres of homes or 200 metres of water sources and cemeteries. Owners can claim compensation for damage.\n*   **Environmental safeguards**: Companies must submit detailed \"operations plans\" and \"technical work programs\" for approval. The Act creates a tiered system of environmental offences based on the severity of harm (nuisance, material harm, serious harm) and the mental state of the offender (recklessness vs. negligence).\n*   **Financial security**: The Minister can demand bonds (security deposits) to ensure funds exist for site rehabilitation and compensation payments.\n\n**Enforcement and administration**\n*   **Register**: All permits, transfers, and caveats (legal warnings) are recorded in a public Geothermal Authorities Register.\n*   **Officers**: Appointed inspectors can enter sites without a warrant, seize equipment, close dangerous operations, and investigate accidents.\n*   **Company liability**: Executive officers (directors and managers) can be held personally liable for corporate offences unless they prove they exercised \"due diligence\" to prevent the breach."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Since enactment the Act has been amended to add substantive interactions with other legal regimes and procedural constraints that extend beyond a narrow licensing scheme. Notable scope expansions include: (a) explicit integration with the Territory environmental assessment regime and NT EPA approval requirements for certain activities (s68(3A)), which adds an external clearance gate to Ministerial approval of operations plans; (b) provision that geothermal authorities and interests are not \"personal property\" for the Personal Property Securities Act (s123A), which alters how those rights can be used in commercial financing; and (c) strengthened native title/Aboriginal land cost and security consequences (ss45, 61, 64) requiring reimbursement or security for compensation under the NTA. These amendments broaden regulatory oversight (environment and native title) and change transactional and financing treatment of geothermal interests relative to the Act's original, narrower focus on land allocation and activity controls."},"complexity_factors":["Lengthy multi‑part structure (11 Parts, many Divisions) with detailed procedural and substantive provisions","Large interpretation section with numerous defined terms and cross‑references (see s4 and multiple other definitions)","Multiple decision points and Ministerial discretions (grant, renew, vary, cancel, require security, approve plans) across Parts 2–6 and 10","Graduated environmental offence regime with multiple fault elements (intent, recklessness, negligence) and levels (ss82–95)","Interoperability with other Acts: ALRA, NTA, Mineral Titles Act 2010, Environment Protection Act 2019 — several approval/compensation hooks (ss36, 45, 61, 64, s68(3A))","Registrar and registration regime with caveats, transfers and devolution rules that affect property dealings and take‑effect rules (Part 7, ss70–81, s72(4))","Security and compensation rules that can be required pre‑approval and at other times (ss60–63) including NTA security (s61)","Officer powers including warrantless seizure and closure of areas, plus strict liability offences for some reporting/administrative duties (ss119–122, ss96–98)","Conditions on information release and confidentiality periods that complicate disclosure (s118)","Treatment of geothermal authorities as not personal property for PPSA purposes (s123A) which affects financing structures"],"plain_english_summary":"The Act creates a Minister‑led permitting regime for geothermal exploration, evaluation and production in the Northern Territory, granting exclusive area rights subject to technical plans, environmental safeguards, public notice and native title/Aboriginal land procedures. It imposes reporting, incident, security and offence regimes, records interests in a register, and limits use of authorities as personal property for PPSA purposes. It affects applicants, holders, operators, landowners, native title parties and the public — balancing incentives for investment with compliance costs, ministerial discretion and environmental/transactional constraints."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/geothermal-energy-act-2009","history":"/api/acts/geothermal-energy-act-2009/history","analysis":"/api/acts/geothermal-energy-act-2009/analysis","conflicts":"/api/acts/geothermal-energy-act-2009/conflicts","importantCases":"/api/acts/geothermal-energy-act-2009/important-cases","documents":"/api/acts/geothermal-energy-act-2009/documents"}}