{"id":"qld:sl-2022-0112","name":"Geothermal Energy Regulation 2022","slug":"geothermal-energy-regulation-2022","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"112 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173828,"registerId":"qld-sl-2022-0112-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Geothermal Energy Regulation 2022 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 September 2022.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule&#160;6 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Deciding large-scale geothermal production— Act , s&#160;16","content":"### sec.4 Deciding large-scale geothermal production— Act , s&#160;16\n\nFor section&#160;16 (2) of the Act , the following criteria are prescribed—\nthe total amount of thermal power produced from all geothermal wells measured at the wellhead is 5 megawatts thermal (MW th ) or more when the temperature is 0&#176;C and the atmospheric pressure is 1 atm;\nFor a geothermal well that produces 50 tonnes an hour of geothermal fluid with specific enthalpy of 900 kilojoules a kilogram, the total amount of thermal power produced from the well measured at the wellhead is 12.5 MW th (above 0&#176;C).\nthe geothermal production is for a commercial or industrial purpose.\n- (a) the total amount of thermal power produced from all geothermal wells measured at the wellhead is 5 megawatts thermal (MW th ) or more when the temperature is 0&#176;C and the atmospheric pressure is 1 atm; Example of measurement of thermal power— For a geothermal well that produces 50 tonnes an hour of geothermal fluid with specific enthalpy of 900 kilojoules a kilogram, the total amount of thermal power produced from the well measured at the wellhead is 12.5 MW th (above 0&#176;C).\n- (b) the geothermal production is for a commercial or industrial purpose.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Requirements for proposed work programs and development plans","content":"# Requirements for proposed work programs and development plans","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Proposed work program— Act , s&#160;47","content":"### sec.5 Proposed work program— Act , s&#160;47\n\nFor section&#160;47 (1) (f) of the Act , the following matters are prescribed—\na description of the geological model for the geothermal reservoirs in the area of the proposed geothermal permit;\nan assessment of the potential for the discovery of geothermal resources in the area of the proposed geothermal permit;\nan estimate of the recoverable thermal energy in the area using units of petajoules thermal (PJ th )\nthe geoscientific information, standards and procedures used to make the estimate of recoverable geothermal energy\nan explanation of the rationale, having regard to the geological model mentioned in paragraph&#160;(a) , for the activities proposed to be carried out under the proposed geothermal permit;\nan outline of the expected outcomes to be achieved by the proposed work program.\n- (a) a description of the geological model for the geothermal reservoirs in the area of the proposed geothermal permit;\n- (b) an assessment of the potential for the discovery of geothermal resources in the area of the proposed geothermal permit; Examples of information that may be included in an assessment— • an estimate of the recoverable thermal energy in the area using units of petajoules thermal (PJ th ) • the geoscientific information, standards and procedures used to make the estimate of recoverable geothermal energy\n- • an estimate of the recoverable thermal energy in the area using units of petajoules thermal (PJ th )\n- • the geoscientific information, standards and procedures used to make the estimate of recoverable geothermal energy\n- (c) an explanation of the rationale, having regard to the geological model mentioned in paragraph&#160;(a) , for the activities proposed to be carried out under the proposed geothermal permit;\n- (d) an outline of the expected outcomes to be achieved by the proposed work program.\n- • an estimate of the recoverable thermal energy in the area using units of petajoules thermal (PJ th )\n- • the geoscientific information, standards and procedures used to make the estimate of recoverable geothermal energy","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Proposed development plan— Act , s&#160;89","content":"### sec.6 Proposed development plan— Act , s&#160;89\n\nFor section&#160;89 (1) (e) of the Act , the following matters are prescribed—\nfor each geothermal reservoir identified in the area of the proposed geothermal lease, the location of the boundaries of the classified geothermal resources in the reservoir;\ndetails, including the location, type and size, of the infrastructure intended to be located in the area of the proposed geothermal lease.\ncommunication systems, compressors, pipelines, powerlines, pumping stations, reservoirs, roads, substations\ntemporary structures or structures of an industrial or technical nature, including mobile and temporary camps\n- (a) for each geothermal reservoir identified in the area of the proposed geothermal lease, the location of the boundaries of the classified geothermal resources in the reservoir;\n- (b) details, including the location, type and size, of the infrastructure intended to be located in the area of the proposed geothermal lease. Examples of infrastructure— • communication systems, compressors, pipelines, powerlines, pumping stations, reservoirs, roads, substations • temporary structures or structures of an industrial or technical nature, including mobile and temporary camps\n- • communication systems, compressors, pipelines, powerlines, pumping stations, reservoirs, roads, substations\n- • temporary structures or structures of an industrial or technical nature, including mobile and temporary camps\n- • communication systems, compressors, pipelines, powerlines, pumping stations, reservoirs, roads, substations\n- • temporary structures or structures of an industrial or technical nature, including mobile and temporary camps","sortOrder":7},{"sectionNumber":"pt.3","sectionType":"part","heading":"Notice requirements","content":"# Notice requirements","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Purpose of part","content":"### sec.7 Purpose of part\n\nThis part prescribes, for section&#160;192 (1) (b) of the Act , the notices that a geothermal tenure holder must give to the chief executive in the approved form.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Notice of intention to drill a geothermal well","content":"### sec.8 Notice of intention to drill a geothermal well\n\nA geothermal tenure holder must, at least 10 business days before starting to drill a geothermal well in the area of the tenure, give the chief executive a notice stating—\nthat the well is to be drilled; and\nthe proposed identifying name for the well.\nThe proposed identifying name for the geothermal well must not be the same, or substantially the same, as an identifying name for another geothermal well recorded in the register.\n(sec.8-ssec.1) A geothermal tenure holder must, at least 10 business days before starting to drill a geothermal well in the area of the tenure, give the chief executive a notice stating— that the well is to be drilled; and the proposed identifying name for the well.\n(sec.8-ssec.2) The proposed identifying name for the geothermal well must not be the same, or substantially the same, as an identifying name for another geothermal well recorded in the register.\n- (a) that the well is to be drilled; and\n- (b) the proposed identifying name for the well.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Notice of completion, change or abandonment of geothermal well","content":"### sec.9 Notice of completion, change or abandonment of geothermal well\n\nThis section applies if any of the following events happen in relation to a geothermal well in the area of a geothermal tenure—\ndrilling of the well is completed;\nthe completion configuration of the well changes;\nthe well is abandoned.\nThe geothermal tenure holder must, within 10 business days after the event happens, give the chief executive a notice stating that the event has happened.\nFor subsection&#160;(1) —\ndrilling of a geothermal well in the area of the geothermal tenure is completed if—\nthe drilling rig last used to drill the well is moved so it is no longer above the well; and\nthe geothermal tenure holder does not intend to continue drilling the well; and\nthe completion configuration of a geothermal well in the area of the geothermal tenure changes if, after drilling of the well is completed—\nadditional casing is installed in the well; or\nany part of the well is plugged, other than for decommissioning the well; or\nan interval in the well is changed in any other way.\n(sec.9-ssec.1) This section applies if any of the following events happen in relation to a geothermal well in the area of a geothermal tenure— drilling of the well is completed; the completion configuration of the well changes; the well is abandoned.\n(sec.9-ssec.2) The geothermal tenure holder must, within 10 business days after the event happens, give the chief executive a notice stating that the event has happened.\n(sec.9-ssec.3) For subsection&#160;(1) — drilling of a geothermal well in the area of the geothermal tenure is completed if— the drilling rig last used to drill the well is moved so it is no longer above the well; and the geothermal tenure holder does not intend to continue drilling the well; and the completion configuration of a geothermal well in the area of the geothermal tenure changes if, after drilling of the well is completed— additional casing is installed in the well; or any part of the well is plugged, other than for decommissioning the well; or an interval in the well is changed in any other way.\n- (a) drilling of the well is completed;\n- (b) the completion configuration of the well changes;\n- (c) the well is abandoned.\n- (a) drilling of a geothermal well in the area of the geothermal tenure is completed if— (i) the drilling rig last used to drill the well is moved so it is no longer above the well; and (ii) the geothermal tenure holder does not intend to continue drilling the well; and\n- (i) the drilling rig last used to drill the well is moved so it is no longer above the well; and\n- (ii) the geothermal tenure holder does not intend to continue drilling the well; and\n- (b) the completion configuration of a geothermal well in the area of the geothermal tenure changes if, after drilling of the well is completed— (i) additional casing is installed in the well; or (ii) any part of the well is plugged, other than for decommissioning the well; or (iii) an interval in the well is changed in any other way.\n- (i) additional casing is installed in the well; or\n- (ii) any part of the well is plugged, other than for decommissioning the well; or\n- (iii) an interval in the well is changed in any other way.\n- (i) the drilling rig last used to drill the well is moved so it is no longer above the well; and\n- (ii) the geothermal tenure holder does not intend to continue drilling the well; and\n- (i) additional casing is installed in the well; or\n- (ii) any part of the well is plugged, other than for decommissioning the well; or\n- (iii) an interval in the well is changed in any other way.","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Notice of intention to carry out geophysical survey or scientific or technical survey","content":"### sec.10 Notice of intention to carry out geophysical survey or scientific or technical survey\n\nThis section applies if a geophysical survey or a scientific or technical survey is to be carried out in the area of a geothermal tenure.\nThe geothermal tenure holder must, at least 10 business days before the survey starts, give the chief executive a notice stating the following information—\na proposed identifying name for the survey;\nthe type of survey to be carried out;\nseismic, geochemical, geotechnical, gravity, magnetic, MT\na description of the part of the area of the tenure to be surveyed;\nthe day surveying will start;\nthe expected duration of the surveying.\nThe notice must be accompanied by spatial information showing the location of the part of the area of the geothermal tenure to be surveyed.\nThe proposed identifying name for the survey must not be the same, or substantially the same, as an identifying name for another survey recorded in the register.\n(sec.10-ssec.1) This section applies if a geophysical survey or a scientific or technical survey is to be carried out in the area of a geothermal tenure.\n(sec.10-ssec.2) The geothermal tenure holder must, at least 10 business days before the survey starts, give the chief executive a notice stating the following information— a proposed identifying name for the survey; the type of survey to be carried out; seismic, geochemical, geotechnical, gravity, magnetic, MT a description of the part of the area of the tenure to be surveyed; the day surveying will start; the expected duration of the surveying.\n(sec.10-ssec.3) The notice must be accompanied by spatial information showing the location of the part of the area of the geothermal tenure to be surveyed.\n(sec.10-ssec.4) The proposed identifying name for the survey must not be the same, or substantially the same, as an identifying name for another survey recorded in the register.\n- (a) a proposed identifying name for the survey;\n- (b) the type of survey to be carried out; Examples— seismic, geochemical, geotechnical, gravity, magnetic, MT\n- (c) a description of the part of the area of the tenure to be surveyed;\n- (d) the day surveying will start;\n- (e) the expected duration of the surveying.","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Notice of completion of geophysical survey or scientific or technical survey","content":"### sec.11 Notice of completion of geophysical survey or scientific or technical survey\n\nThis section applies if a geophysical survey or a scientific or technical survey has been completed in the area of a geothermal tenure.\nThe geothermal tenure holder must, within 10 business days after the survey is completed, give the chief executive a notice stating that the survey has been completed.\nFor subsection&#160;(1) , a survey is completed when all of the raw data for the survey has been recorded.\n(sec.11-ssec.1) This section applies if a geophysical survey or a scientific or technical survey has been completed in the area of a geothermal tenure.\n(sec.11-ssec.2) The geothermal tenure holder must, within 10 business days after the survey is completed, give the chief executive a notice stating that the survey has been completed.\n(sec.11-ssec.3) For subsection&#160;(1) , a survey is completed when all of the raw data for the survey has been recorded.","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"Notice of intention to carry out hydraulic fracturing activities","content":"### sec.12 Notice of intention to carry out hydraulic fracturing activities\n\nThis section applies if a geothermal tenure holder intends to carry out hydraulic fracturing activities in the area of the tenure.\nThe holder must, at least 10 business days before starting the hydraulic fracturing activities, give the chief executive a notice stating the day the activities are to start.\n(sec.12-ssec.1) This section applies if a geothermal tenure holder intends to carry out hydraulic fracturing activities in the area of the tenure.\n(sec.12-ssec.2) The holder must, at least 10 business days before starting the hydraulic fracturing activities, give the chief executive a notice stating the day the activities are to start.","sortOrder":14},{"sectionNumber":"sec.13","sectionType":"section","heading":"Notice of completion of hydraulic fracturing activities","content":"### sec.13 Notice of completion of hydraulic fracturing activities\n\nThis section applies if a geothermal tenure holder has completed hydraulic fracturing activities in the area of the tenure.\nThe holder must, within 10 business days after completing the hydraulic fracturing activities, give the chief executive a notice stating the day the activities were completed.\n(sec.13-ssec.1) This section applies if a geothermal tenure holder has completed hydraulic fracturing activities in the area of the tenure.\n(sec.13-ssec.2) The holder must, within 10 business days after completing the hydraulic fracturing activities, give the chief executive a notice stating the day the activities were completed.","sortOrder":15},{"sectionNumber":"pt.4","sectionType":"part","heading":"Report requirements","content":"# Report requirements","sortOrder":16},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Particular reports required under the Act","content":"## Particular reports required under the Act","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Definitions for division","content":"### sec.14 Definitions for division\n\nIn this division—\ngeneral area information , for a geothermal tenure, for a partial relinquishment report or surrender report, see section&#160;15 .\nhazard information , for a geothermal tenure, means the following information for a hazard arising, or potentially arising, from activities carried out under the tenure—\nthe nature of the hazard;\nthe cause, or reasons for existence, of the hazard;\nthe location of the hazard;\nmeasures taken to prevent or reduce the risk of the hazard or to mitigate the effects of the hazard.\npartial relinquishment report means a report that must be given to the chief executive under section&#160;190 of the Act .\nrelinquished area , for a geothermal tenure, means the part of the area of the tenure that is relinquished as required or authorised under the Act .\nsurrendered area , for a geothermal tenure, means the part of the area of the tenure that is the subject of the geothermal tenure holder’s surrender application.\nsurrender report means a report that must accompany a surrender application under section&#160;302 (2) of the Act .\n- (a) the nature of the hazard;\n- (b) the cause, or reasons for existence, of the hazard;\n- (c) the location of the hazard;\n- (d) measures taken to prevent or reduce the risk of the hazard or to mitigate the effects of the hazard.","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Meaning of general area information","content":"### sec.15 Meaning of general area information\n\nThe following information is general area information , for a geothermal tenure, for a partial relinquishment report or surrender report for the tenure—\nspatial information showing the location of—\nthe area of the tenure immediately before the relinquishment or surrender the subject of the report; and\nthe relinquished area or surrendered area the subject of the report; and\ngeothermal wells drilled under the tenure; and\nseismic lines used to carry out seismic surveys for the tenure;\nstructure contour spatial information showing the seismic horizons (seismic reflectors) in the relinquished area or surrendered area the subject of the report.\n- (a) spatial information showing the location of— (i) the area of the tenure immediately before the relinquishment or surrender the subject of the report; and (ii) the relinquished area or surrendered area the subject of the report; and (iii) geothermal wells drilled under the tenure; and (iv) seismic lines used to carry out seismic surveys for the tenure;\n- (i) the area of the tenure immediately before the relinquishment or surrender the subject of the report; and\n- (ii) the relinquished area or surrendered area the subject of the report; and\n- (iii) geothermal wells drilled under the tenure; and\n- (iv) seismic lines used to carry out seismic surveys for the tenure;\n- (b) structure contour spatial information showing the seismic horizons (seismic reflectors) in the relinquished area or surrendered area the subject of the report.\n- (i) the area of the tenure immediately before the relinquishment or surrender the subject of the report; and\n- (ii) the relinquished area or surrendered area the subject of the report; and\n- (iii) geothermal wells drilled under the tenure; and\n- (iv) seismic lines used to carry out seismic surveys for the tenure;","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Requirement for geothermal viability report— Act , s&#160;65","content":"### sec.16 Requirement for geothermal viability report— Act , s&#160;65\n\nFor section&#160;65 (4) (a) (i) of the Act , it is a requirement that a geothermal viability report for an area must contain the following information—\nidentification of each geothermal reservoir in the area;\nan estimate of all classified geothermal resources identified in each geothermal reservoir in the area;\nthe geoscientific information, standards and procedures used to make the estimate mentioned in paragraph&#160;(b) ;\ngeological, geochemical, geophysical or geotechnical information\na statement whether, in the geothermal permit holder’s opinion, geothermal production in the area is commercially viable;\nif the geothermal permit holder’s opinion is that geothermal production is not commercially viable—a statement about whether, in the holder’s opinion, it is likely to become commercially viable within 10 years;\nsupporting data, and an analysis of the data, to support the opinions mentioned in paragraphs&#160;(d) and (e) .\nIn this section—\narea means the part of the area of a geothermal permit that is a potential geothermal commercial area.\nnumerical modelling study means a study of the likely performance of a geothermal reservoir using a numerical model.\nresource assessment means an estimate of the future production of geothermal energy from a geothermal reservoir.\nsupporting data , for an area, includes—\ntechnical data relating to the geology of, and the geothermal reservoirs in, the area; and\nresource assessment and numerical modelling studies for geothermal reservoirs in the area; and\nmarket and financial data for the area.\nan engineering and economic feasibility study showing that geothermal production in the area can be economically and technically justified\ndata showing the uses for the geothermal energy\n(sec.16-ssec.1) For section&#160;65 (4) (a) (i) of the Act , it is a requirement that a geothermal viability report for an area must contain the following information— identification of each geothermal reservoir in the area; an estimate of all classified geothermal resources identified in each geothermal reservoir in the area; the geoscientific information, standards and procedures used to make the estimate mentioned in paragraph&#160;(b) ; geological, geochemical, geophysical or geotechnical information a statement whether, in the geothermal permit holder’s opinion, geothermal production in the area is commercially viable; if the geothermal permit holder’s opinion is that geothermal production is not commercially viable—a statement about whether, in the holder’s opinion, it is likely to become commercially viable within 10 years; supporting data, and an analysis of the data, to support the opinions mentioned in paragraphs&#160;(d) and (e) .\n(sec.16-ssec.2) In this section— area means the part of the area of a geothermal permit that is a potential geothermal commercial area. numerical modelling study means a study of the likely performance of a geothermal reservoir using a numerical model. resource assessment means an estimate of the future production of geothermal energy from a geothermal reservoir. supporting data , for an area, includes— technical data relating to the geology of, and the geothermal reservoirs in, the area; and resource assessment and numerical modelling studies for geothermal reservoirs in the area; and market and financial data for the area. an engineering and economic feasibility study showing that geothermal production in the area can be economically and technically justified data showing the uses for the geothermal energy\n- (a) identification of each geothermal reservoir in the area;\n- (b) an estimate of all classified geothermal resources identified in each geothermal reservoir in the area;\n- (c) the geoscientific information, standards and procedures used to make the estimate mentioned in paragraph&#160;(b) ; Examples of geoscientific information— geological, geochemical, geophysical or geotechnical information\n- (d) a statement whether, in the geothermal permit holder’s opinion, geothermal production in the area is commercially viable;\n- (e) if the geothermal permit holder’s opinion is that geothermal production is not commercially viable—a statement about whether, in the holder’s opinion, it is likely to become commercially viable within 10 years;\n- (f) supporting data, and an analysis of the data, to support the opinions mentioned in paragraphs&#160;(d) and (e) .\n- (a) technical data relating to the geology of, and the geothermal reservoirs in, the area; and\n- (b) resource assessment and numerical modelling studies for geothermal reservoirs in the area; and\n- (c) market and financial data for the area. Examples of market and financial data— • an engineering and economic feasibility study showing that geothermal production in the area can be economically and technically justified • data showing the uses for the geothermal energy\n- • an engineering and economic feasibility study showing that geothermal production in the area can be economically and technically justified\n- • data showing the uses for the geothermal energy\n- • an engineering and economic feasibility study showing that geothermal production in the area can be economically and technically justified\n- • data showing the uses for the geothermal energy","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Information for partial relinquishment report— Act , s&#160;190","content":"### sec.17 Information for partial relinquishment report— Act , s&#160;190\n\nFor section&#160;190 (2) (b) of the Act , the following information is prescribed for a partial relinquishment report for a geothermal tenure—\nthe general area information for the tenure;\nthe hazard information for the tenure;\nthe day the relinquishment takes effect;\nidentification of the blocks or sub-blocks comprising the relinquished area;\nthe reason the geothermal tenure holder relinquished the relinquished area;\na description of the geological model for the geothermal reservoirs in the relinquished area;\na summary of the results of all authorised activities for the tenure carried out in the relinquished area since the tenure took effect;\nany conclusions drawn by the geothermal tenure holder based on the results mentioned in paragraph&#160;(g) ;\nan estimate of the total mass flow of geothermal fluid from each geothermal well in the relinquished area for each year since the tenure took effect;\nthe period of the work program or development plan for the tenure;\nany other information stated in the relevant direction for the report.\n- (a) the general area information for the tenure;\n- (b) the hazard information for the tenure;\n- (c) the day the relinquishment takes effect;\n- (d) identification of the blocks or sub-blocks comprising the relinquished area;\n- (e) the reason the geothermal tenure holder relinquished the relinquished area;\n- (f) a description of the geological model for the geothermal reservoirs in the relinquished area;\n- (g) a summary of the results of all authorised activities for the tenure carried out in the relinquished area since the tenure took effect;\n- (h) any conclusions drawn by the geothermal tenure holder based on the results mentioned in paragraph&#160;(g) ;\n- (i) an estimate of the total mass flow of geothermal fluid from each geothermal well in the relinquished area for each year since the tenure took effect;\n- (j) the period of the work program or development plan for the tenure;\n- (k) any other information stated in the relevant direction for the report.","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Information for surrender report— Act , s&#160;302","content":"### sec.18 Information for surrender report— Act , s&#160;302\n\nFor section&#160;302 (2) (c) of the Act , the following information is prescribed for a surrender report for a geothermal tenure—\nthe general area information for the tenure;\nthe hazard information for the tenure;\na description of the methods used to produce geothermal energy in the surrendered area;\nan estimate of—\nthe amount of geothermal energy produced from each geothermal well in the surrendered area for each year since the tenure took effect; and\nthe volume of water or disposal fluid injected into each injection well in the surrendered area;\nthe surface temperature of the water or disposal fluid mentioned in paragraph&#160;(d) (ii) at the point of injection;\na description of the geological features of the classified geothermal resources in the surrendered area from which geothermal energy was produced;\nthe reason the geothermal tenure holder has applied to surrender all or part of the area of the tenure;\nany other information stated in the relevant direction for the report.\nIn this section—\ninjection well means a well used to—\nreturn geothermal fluid to a geothermal reservoir after its use; or\nintroduce another fluid into the reservoir.\nwater, supercritical carbon dioxide\n(sec.18-ssec.1) For section&#160;302 (2) (c) of the Act , the following information is prescribed for a surrender report for a geothermal tenure— the general area information for the tenure; the hazard information for the tenure; a description of the methods used to produce geothermal energy in the surrendered area; an estimate of— the amount of geothermal energy produced from each geothermal well in the surrendered area for each year since the tenure took effect; and the volume of water or disposal fluid injected into each injection well in the surrendered area; the surface temperature of the water or disposal fluid mentioned in paragraph&#160;(d) (ii) at the point of injection; a description of the geological features of the classified geothermal resources in the surrendered area from which geothermal energy was produced; the reason the geothermal tenure holder has applied to surrender all or part of the area of the tenure; any other information stated in the relevant direction for the report.\n(sec.18-ssec.2) In this section— injection well means a well used to— return geothermal fluid to a geothermal reservoir after its use; or introduce another fluid into the reservoir. water, supercritical carbon dioxide\n- (a) the general area information for the tenure;\n- (b) the hazard information for the tenure;\n- (c) a description of the methods used to produce geothermal energy in the surrendered area;\n- (d) an estimate of— (i) the amount of geothermal energy produced from each geothermal well in the surrendered area for each year since the tenure took effect; and (ii) the volume of water or disposal fluid injected into each injection well in the surrendered area;\n- (i) the amount of geothermal energy produced from each geothermal well in the surrendered area for each year since the tenure took effect; and\n- (ii) the volume of water or disposal fluid injected into each injection well in the surrendered area;\n- (e) the surface temperature of the water or disposal fluid mentioned in paragraph&#160;(d) (ii) at the point of injection;\n- (f) a description of the geological features of the classified geothermal resources in the surrendered area from which geothermal energy was produced;\n- (g) the reason the geothermal tenure holder has applied to surrender all or part of the area of the tenure;\n- (h) any other information stated in the relevant direction for the report.\n- (i) the amount of geothermal energy produced from each geothermal well in the surrendered area for each year since the tenure took effect; and\n- (ii) the volume of water or disposal fluid injected into each injection well in the surrendered area;\n- (a) return geothermal fluid to a geothermal reservoir after its use; or\n- (b) introduce another fluid into the reservoir. Examples of a fluid— water, supercritical carbon dioxide","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Information for end of tenure report— Act , s&#160;191","content":"### sec.19 Information for end of tenure report— Act , s&#160;191\n\nFor section&#160;191 (g) of the Act , the following information is prescribed—\nfor an end of tenure report for a geothermal permit—the information required for a report under section&#160;17 ;\nfor an end of tenure report for a geothermal lease—the information required for a report under section&#160;18 .\nFor subsection&#160;(1) —\na reference in section&#160;17 to the relinquished area is taken to be a reference to the area of the geothermal permit immediately before it ended; and\na reference in section&#160;18 to the surrendered area is taken to be a reference to the area of the geothermal lease immediately before it ended.\nSubsection&#160;(1) does not apply to the extent the information has already been included in either of the following reports given to the chief executive for the geothermal tenure—\na partial relinquishment report;\na surrender report.\n(sec.19-ssec.1) For section&#160;191 (g) of the Act , the following information is prescribed— for an end of tenure report for a geothermal permit—the information required for a report under section&#160;17 ; for an end of tenure report for a geothermal lease—the information required for a report under section&#160;18 .\n(sec.19-ssec.2) For subsection&#160;(1) — a reference in section&#160;17 to the relinquished area is taken to be a reference to the area of the geothermal permit immediately before it ended; and a reference in section&#160;18 to the surrendered area is taken to be a reference to the area of the geothermal lease immediately before it ended.\n(sec.19-ssec.3) Subsection&#160;(1) does not apply to the extent the information has already been included in either of the following reports given to the chief executive for the geothermal tenure— a partial relinquishment report; a surrender report.\n- (a) for an end of tenure report for a geothermal permit—the information required for a report under section&#160;17 ;\n- (b) for an end of tenure report for a geothermal lease—the information required for a report under section&#160;18 .\n- (a) a reference in section&#160;17 to the relinquished area is taken to be a reference to the area of the geothermal permit immediately before it ended; and\n- (b) a reference in section&#160;18 to the surrendered area is taken to be a reference to the area of the geothermal lease immediately before it ended.\n- (a) a partial relinquishment report;\n- (b) a surrender report.","sortOrder":23},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Other reports","content":"## Other reports","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"Purpose of division","content":"### sec.20 Purpose of division\n\nThis division prescribes, for section&#160;192 (1) of the Act , information and reports that a geothermal tenure holder must keep or give to the chief executive.","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Daily drilling report","content":"### sec.21 Daily drilling report\n\nA geothermal tenure holder must keep a report for each day on which drilling of a geothermal well is carried out under the tenure (a daily drilling report ) containing the information stated in schedule&#160;1 , section&#160;1 .\nA copy of each daily drilling report for the geothermal well must be given to the chief executive with the well completion report for the well.\nAlso, a copy of a daily drilling report for the geothermal well must be given to the chief executive at any time the chief executive asks for the copy.\n(sec.21-ssec.1) A geothermal tenure holder must keep a report for each day on which drilling of a geothermal well is carried out under the tenure (a daily drilling report ) containing the information stated in schedule&#160;1 , section&#160;1 .\n(sec.21-ssec.2) A copy of each daily drilling report for the geothermal well must be given to the chief executive with the well completion report for the well.\n(sec.21-ssec.3) Also, a copy of a daily drilling report for the geothermal well must be given to the chief executive at any time the chief executive asks for the copy.","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Well completion report","content":"### sec.22 Well completion report\n\nA geothermal tenure holder must, within 12 months after the rig release day for a geothermal well in the area of the tenure, give the chief executive a report about the completion of the well (a well completion report ) containing the information stated in schedule&#160;1 , section&#160;2 .\nIf the geothermal well is plugged and abandoned on or before the rig release day for the well, the well completion report must be accompanied by a well abandonment report for the well.\n(sec.22-ssec.1) A geothermal tenure holder must, within 12 months after the rig release day for a geothermal well in the area of the tenure, give the chief executive a report about the completion of the well (a well completion report ) containing the information stated in schedule&#160;1 , section&#160;2 .\n(sec.22-ssec.2) If the geothermal well is plugged and abandoned on or before the rig release day for the well, the well completion report must be accompanied by a well abandonment report for the well.","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":"Well abandonment report","content":"### sec.23 Well abandonment report\n\nIf a geothermal well in the area of a geothermal tenure is plugged and abandoned, the geothermal tenure holder must give the chief executive a report about the abandonment of the well (a well abandonment report ) containing the information stated in schedule&#160;1 , section&#160;3 .\nThe well abandonment report must be given—\nfor a well that is plugged and abandoned on or before the rig release day for the geothermal well—with the well completion report for the well; or\notherwise—within 6 months after the day the plugging and abandoning of the well is completed in compliance with section&#160;200 of the Act .\nIf the well abandonment report for the geothermal well is given with the well completion report for the well, the well abandonment report need not contain information about the well already included in the well completion report.\n(sec.23-ssec.1) If a geothermal well in the area of a geothermal tenure is plugged and abandoned, the geothermal tenure holder must give the chief executive a report about the abandonment of the well (a well abandonment report ) containing the information stated in schedule&#160;1 , section&#160;3 .\n(sec.23-ssec.2) The well abandonment report must be given— for a well that is plugged and abandoned on or before the rig release day for the geothermal well—with the well completion report for the well; or otherwise—within 6 months after the day the plugging and abandoning of the well is completed in compliance with section&#160;200 of the Act .\n(sec.23-ssec.3) If the well abandonment report for the geothermal well is given with the well completion report for the well, the well abandonment report need not contain information about the well already included in the well completion report.\n- (a) for a well that is plugged and abandoned on or before the rig release day for the geothermal well—with the well completion report for the well; or\n- (b) otherwise—within 6 months after the day the plugging and abandoning of the well is completed in compliance with section&#160;200 of the Act .","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"Annual resources report","content":"### sec.24 Annual resources report\n\nA geothermal tenure holder must, within 60 business days after the last day of each 12-month period of the term of the tenure, give the chief executive a report about geothermal resources for the tenure (an annual resources report ) containing the information stated in schedule&#160;1 , section&#160;4 .\nHowever, the requirement to give an annual resources report for a 12-month period of the term of a geothermal tenure does not apply if the tenure ends during the 12-month period.\nSee section&#160;191 of the Act , and section&#160;19 , for the requirements for an end of tenure report.\n(sec.24-ssec.1) A geothermal tenure holder must, within 60 business days after the last day of each 12-month period of the term of the tenure, give the chief executive a report about geothermal resources for the tenure (an annual resources report ) containing the information stated in schedule&#160;1 , section&#160;4 .\n(sec.24-ssec.2) However, the requirement to give an annual resources report for a 12-month period of the term of a geothermal tenure does not apply if the tenure ends during the 12-month period. See section&#160;191 of the Act , and section&#160;19 , for the requirements for an end of tenure report.","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"Production report","content":"### sec.25 Production report\n\nA geothermal tenure holder must, within 60 business days after the last day of each 6-month period for the tenure, give the chief executive a report for the tenure (a production report ) containing the information stated in schedule&#160;1 , section&#160;5 .\nIn this section—\n6-month period , for a geothermal tenure, means a following period during which the tenure is in effect, for all or part of the period—\n1 January to 30 June;\n1 July to 31 December.\n(sec.25-ssec.1) A geothermal tenure holder must, within 60 business days after the last day of each 6-month period for the tenure, give the chief executive a report for the tenure (a production report ) containing the information stated in schedule&#160;1 , section&#160;5 .\n(sec.25-ssec.2) In this section— 6-month period , for a geothermal tenure, means a following period during which the tenure is in effect, for all or part of the period— 1 January to 30 June; 1 July to 31 December.\n- (a) 1 January to 30 June;\n- (b) 1 July to 31 December.","sortOrder":30},{"sectionNumber":"sec.26","sectionType":"section","heading":"Production testing report","content":"### sec.26 Production testing report\n\nIf production testing of a geothermal well is carried out under a geothermal tenure, the geothermal tenure holder must, within 40 business days after the production testing period ends, give the chief executive a report about the production testing during the period (a production testing report ) containing the information stated in schedule&#160;1 , section&#160;6 .","sortOrder":31},{"sectionNumber":"sec.27","sectionType":"section","heading":"Injection report","content":"### sec.27 Injection report\n\nA geothermal tenure holder must, within 60 business days after the end of each 12-month period of the term of the tenure, give the chief executive a report for the tenure (an injection report ) containing the information stated in schedule&#160;1 , section&#160;7 .\nHowever, the requirement to give an injection report for a 12-month period of the term of a geothermal tenure does not apply if the tenure ends during the 12-month period.\nSee section&#160;191 of the Act , and section&#160;19 , for the requirements for an end of tenure report.\n(sec.27-ssec.1) A geothermal tenure holder must, within 60 business days after the end of each 12-month period of the term of the tenure, give the chief executive a report for the tenure (an injection report ) containing the information stated in schedule&#160;1 , section&#160;7 .\n(sec.27-ssec.2) However, the requirement to give an injection report for a 12-month period of the term of a geothermal tenure does not apply if the tenure ends during the 12-month period. See section&#160;191 of the Act , and section&#160;19 , for the requirements for an end of tenure report.","sortOrder":32},{"sectionNumber":"sec.28","sectionType":"section","heading":"Injection testing report","content":"### sec.28 Injection testing report\n\nIf injection testing of a geothermal well is carried out under a geothermal tenure, the geothermal tenure holder must, within 60 business days after the injection testing period ends, give the chief executive a report about the testing during the period (an injection testing report ) containing the information stated in schedule&#160;1 , section&#160;8 .","sortOrder":33},{"sectionNumber":"sec.29","sectionType":"section","heading":"Geophysical survey report","content":"### sec.29 Geophysical survey report\n\nIf a geothermal tenure holder carries out a geophysical survey of the tenure, the holder must, within 12 months after the completion day for the survey, give the chief executive a report about the survey (a geophysical survey report ) containing the information stated in schedule&#160;1 , section&#160;9 .","sortOrder":34},{"sectionNumber":"sec.30","sectionType":"section","heading":"Scientific or technical survey report","content":"### sec.30 Scientific or technical survey report\n\nIf a geothermal tenure holder carries out a scientific or technical survey for the tenure, the holder must, within 12 months after the completion day for the survey, give the chief executive a report about the survey (a scientific or technical survey report ) containing the information stated in schedule&#160;1 , section&#160;10 .","sortOrder":35},{"sectionNumber":"sec.31","sectionType":"section","heading":"Hydraulic fracturing activities completion report","content":"### sec.31 Hydraulic fracturing activities completion report\n\nIf a geothermal tenure holder completes hydraulic fracturing activities in the area of the tenure, the holder must, within 6 months after the completion of the activities, give the chief executive a report about the activities (a hydraulic fracturing activities completion report ) containing the information stated in schedule&#160;1 , section&#160;11 .","sortOrder":36},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Stating amounts in reports","content":"## Stating amounts in reports","sortOrder":37},{"sectionNumber":"sec.32","sectionType":"section","heading":"How amounts in reports must be stated","content":"### sec.32 How amounts in reports must be stated\n\nFor a report mentioned in this part, a measurement of an amount of a thing mentioned in column 1 must be stated by reference to the measurement unit stated in column 2.\nColumn 1\nColumn 2\ninjected water\ntonnes\ngeothermal fluid\ntonnes\nseparated steam\ntonnes\ndisposal fluid\ntonnes\nenergy generation, including electrical and thermal energy generation\nmegawatt hours (MWh)\nspecific enthalpy\nkilojoule for each kilogram (kJ/kg)\ngeothermal resources—if thermal energy is generated\npetajoules thermal (PJ th )\ngeothermal resources—if electrical energy is generated\npetajoules electrical (PJ e )\nAlso, if the report includes information about the amount of heat that is generated, the base temperature on which the heat was calculated must be stated.\n(sec.32-ssec.1) For a report mentioned in this part, a measurement of an amount of a thing mentioned in column 1 must be stated by reference to the measurement unit stated in column 2. Column 1 Column 2 injected water tonnes geothermal fluid tonnes separated steam tonnes disposal fluid tonnes energy generation, including electrical and thermal energy generation megawatt hours (MWh) specific enthalpy kilojoule for each kilogram (kJ/kg) geothermal resources—if thermal energy is generated petajoules thermal (PJ th ) geothermal resources—if electrical energy is generated petajoules electrical (PJ e )\n(sec.32-ssec.2) Also, if the report includes information about the amount of heat that is generated, the base temperature on which the heat was calculated must be stated.","sortOrder":38},{"sectionNumber":"pt.5","sectionType":"part","heading":"Core samples","content":"# Core samples","sortOrder":39},{"sectionNumber":"sec.33","sectionType":"section","heading":"Keeping core sample— Act , s&#160;193","content":"### sec.33 Keeping core sample— Act , s&#160;193\n\nFor section&#160;193 (1) of the Act , the following matters are prescribed—\na core sample for each geothermal well drilled under the geothermal tenure must be kept;\nthe core sample must be kept until the later of the following—\nthe end of the term of the tenure; or\nwhen the sample, or part of the sample, is given to the chief executive under section&#160;194 of the Act ;\nthe core sample must be kept in a way that prevents unnecessary deterioration or loss of the sample.\nDespite subsection&#160;(1) , the geothermal tenure holder is not required to keep a core sample (the new sample ) for a geothermal well drilled under the tenure if, on written application by the holder, the chief executive exempts the holder from having to keep the new sample because—\nthe holder has previously given the chief executive all or part of a core sample (the previous sample ) from the same geothermal well or another geothermal well drilling the same geothermal reservoir; and\nthe new sample has similar properties to the previous sample.\n(sec.33-ssec.1) For section&#160;193 (1) of the Act , the following matters are prescribed— a core sample for each geothermal well drilled under the geothermal tenure must be kept; the core sample must be kept until the later of the following— the end of the term of the tenure; or when the sample, or part of the sample, is given to the chief executive under section&#160;194 of the Act ; the core sample must be kept in a way that prevents unnecessary deterioration or loss of the sample.\n(sec.33-ssec.2) Despite subsection&#160;(1) , the geothermal tenure holder is not required to keep a core sample (the new sample ) for a geothermal well drilled under the tenure if, on written application by the holder, the chief executive exempts the holder from having to keep the new sample because— the holder has previously given the chief executive all or part of a core sample (the previous sample ) from the same geothermal well or another geothermal well drilling the same geothermal reservoir; and the new sample has similar properties to the previous sample.\n- (a) a core sample for each geothermal well drilled under the geothermal tenure must be kept;\n- (b) the core sample must be kept until the later of the following— (i) the end of the term of the tenure; or (ii) when the sample, or part of the sample, is given to the chief executive under section&#160;194 of the Act ;\n- (i) the end of the term of the tenure; or\n- (ii) when the sample, or part of the sample, is given to the chief executive under section&#160;194 of the Act ;\n- (c) the core sample must be kept in a way that prevents unnecessary deterioration or loss of the sample.\n- (i) the end of the term of the tenure; or\n- (ii) when the sample, or part of the sample, is given to the chief executive under section&#160;194 of the Act ;\n- (a) the holder has previously given the chief executive all or part of a core sample (the previous sample ) from the same geothermal well or another geothermal well drilling the same geothermal reservoir; and\n- (b) the new sample has similar properties to the previous sample.","sortOrder":40},{"sectionNumber":"sec.34","sectionType":"section","heading":"Giving part of core sample— Act , s&#160;194","content":"### sec.34 Giving part of core sample— Act , s&#160;194\n\nThe part of a core sample kept under section&#160;33 that must be given to the chief executive under section&#160;194 of the Act must—\nbe at least 50% of the core recovered; and\nhave as complete a vertical face as is practicable; and\nbe given in a container suitable for its long-term storage and handling that is labelled with the following information—\nthe identifying name of the geothermal well from which the core was recovered;\nthe depth in metres of the top and bottom of the interval from which the core was recovered;\nif more than 1 core is recovered from the well—the number of the core;\nthe length in metres of the core recovered.\n- (a) be at least 50% of the core recovered; and\n- (b) have as complete a vertical face as is practicable; and\n- (c) be given in a container suitable for its long-term storage and handling that is labelled with the following information— (i) the identifying name of the geothermal well from which the core was recovered; (ii) the depth in metres of the top and bottom of the interval from which the core was recovered; (iii) if more than 1 core is recovered from the well—the number of the core; (iv) the length in metres of the core recovered.\n- (i) the identifying name of the geothermal well from which the core was recovered;\n- (ii) the depth in metres of the top and bottom of the interval from which the core was recovered;\n- (iii) if more than 1 core is recovered from the well—the number of the core;\n- (iv) the length in metres of the core recovered.\n- (i) the identifying name of the geothermal well from which the core was recovered;\n- (ii) the depth in metres of the top and bottom of the interval from which the core was recovered;\n- (iii) if more than 1 core is recovered from the well—the number of the core;\n- (iv) the length in metres of the core recovered.","sortOrder":41},{"sectionNumber":"pt.6","sectionType":"part","heading":"Geothermal wells and shot holes","content":"# Geothermal wells and shot holes","sortOrder":42},{"sectionNumber":"sec.35","sectionType":"section","heading":"Ways to plug and abandon geothermal wells— Act , s&#160;200","content":"### sec.35 Ways to plug and abandon geothermal wells— Act , s&#160;200\n\nFor section&#160;200 (3) (a) of the Act , a geothermal well must be plugged and abandoned in the way stated in schedule&#160;2 .","sortOrder":43},{"sectionNumber":"sec.36","sectionType":"section","heading":"Requirement to plug shot holes","content":"### sec.36 Requirement to plug shot holes\n\nA geothermal tenure holder must ensure that, if a hole is drilled in the area of the tenure for use as a shot hole—\nas soon as practicable after the hole is no longer required for use as a shot hole—\nthe hole is plugged with solid material; and\nconcrete, rock or soil\nany area surrounding the hole that has been disturbed by the firing of an explosive is restored as far as is practicable to its original state; and\nif the hole caves in or collapses after it is plugged as required under paragraph&#160;(a) —all subsequent damage caused by the hole caving in or collapsing is remedied.\nMaximum penalty—20 penalty units.\nDespite subsection&#160;(1) , to the extent that a requirement under the subsection is inconsistent with a relevant environmental condition for the geothermal tenure, the relevant environmental condition prevails.\nIn this section—\nshot hole means a hole that has been drilled in the area of a geothermal tenure for the purpose of firing an explosive in connection with carrying out a seismic survey.\n(sec.36-ssec.1) A geothermal tenure holder must ensure that, if a hole is drilled in the area of the tenure for use as a shot hole— as soon as practicable after the hole is no longer required for use as a shot hole— the hole is plugged with solid material; and concrete, rock or soil any area surrounding the hole that has been disturbed by the firing of an explosive is restored as far as is practicable to its original state; and if the hole caves in or collapses after it is plugged as required under paragraph&#160;(a) —all subsequent damage caused by the hole caving in or collapsing is remedied. Maximum penalty—20 penalty units.\n(sec.36-ssec.2) Despite subsection&#160;(1) , to the extent that a requirement under the subsection is inconsistent with a relevant environmental condition for the geothermal tenure, the relevant environmental condition prevails.\n(sec.36-ssec.3) In this section— shot hole means a hole that has been drilled in the area of a geothermal tenure for the purpose of firing an explosive in connection with carrying out a seismic survey.\n- (a) as soon as practicable after the hole is no longer required for use as a shot hole— (i) the hole is plugged with solid material; and Example of solid material— concrete, rock or soil (ii) any area surrounding the hole that has been disturbed by the firing of an explosive is restored as far as is practicable to its original state; and\n- (i) the hole is plugged with solid material; and Example of solid material— concrete, rock or soil\n- (ii) any area surrounding the hole that has been disturbed by the firing of an explosive is restored as far as is practicable to its original state; and\n- (b) if the hole caves in or collapses after it is plugged as required under paragraph&#160;(a) —all subsequent damage caused by the hole caving in or collapsing is remedied.\n- (i) the hole is plugged with solid material; and Example of solid material— concrete, rock or soil\n- (ii) any area surrounding the hole that has been disturbed by the firing of an explosive is restored as far as is practicable to its original state; and","sortOrder":44},{"sectionNumber":"pt.7","sectionType":"part","heading":"Required information—confidentiality period and publication","content":"# Required information—confidentiality period and publication","sortOrder":45},{"sectionNumber":"sec.37","sectionType":"section","heading":"Confidentiality period for required information for geothermal tenures— Act , s&#160;196","content":"### sec.37 Confidentiality period for required information for geothermal tenures— Act , s&#160;196\n\nFor section&#160;196 (2) of the Act , the confidentiality period for the required information mentioned in schedule&#160;3 , column 1—\nstarts on the day the information is given to the chief executive; and\nends on the day stated in schedule&#160;3 , column 2 for the information;\nHowever, there is no confidentiality period for making a well abandonment report for a geothermal well available to the holder of a petroleum tenure or a coal or oil shale mining tenement under the Mineral Resources Act if the well was drilled within the area of the tenure or tenement.\nAlso, there is no confidentiality period for required information not mentioned in schedule&#160;3 , column 1.\ns&#160;37 amd 2025 SL&#160;No.&#160;48 s&#160;14 sch&#160;1\n(sec.37-ssec.1) For section&#160;196 (2) of the Act , the confidentiality period for the required information mentioned in schedule&#160;3 , column 1— starts on the day the information is given to the chief executive; and ends on the day stated in schedule&#160;3 , column 2 for the information;\n(sec.37-ssec.2) However, there is no confidentiality period for making a well abandonment report for a geothermal well available to the holder of a petroleum tenure or a coal or oil shale mining tenement under the Mineral Resources Act if the well was drilled within the area of the tenure or tenement.\n(sec.37-ssec.3) Also, there is no confidentiality period for required information not mentioned in schedule&#160;3 , column 1.\n- (a) starts on the day the information is given to the chief executive; and\n- (b) ends on the day stated in schedule&#160;3 , column 2 for the information;","sortOrder":46},{"sectionNumber":"sec.38","sectionType":"section","heading":"Publication of required information— Act , s&#160;196","content":"### sec.38 Publication of required information— Act , s&#160;196\n\nFor section&#160;196 (1) (a) of the Act , the publication of required information in each of the following ways is prescribed—\nin a journal published by the department or under the Minister’s authority;\nin another publication the chief executive considers appropriate;\non a Queensland Government website;\nin a publicly available database;\nfor spatial data—by making it available to the public for inspection or purchase;\nin digital form;\nproviding the information on a universal serial bus (commonly known as a ‘usb’)\nby displaying it on a notice that is available to the public for inspection at—\nthe department’s head office; or\nanother place the chief executive considers appropriate;\nby telling it to another person or presenting it to the person in a visual form.\nIn this section—\nQueensland Government website means a website with a URL that contains ‘qld.gov.au’, other than the website of a local government.\n(sec.38-ssec.1) For section&#160;196 (1) (a) of the Act , the publication of required information in each of the following ways is prescribed— in a journal published by the department or under the Minister’s authority; in another publication the chief executive considers appropriate; on a Queensland Government website; in a publicly available database; for spatial data—by making it available to the public for inspection or purchase; in digital form; providing the information on a universal serial bus (commonly known as a ‘usb’) by displaying it on a notice that is available to the public for inspection at— the department’s head office; or another place the chief executive considers appropriate; by telling it to another person or presenting it to the person in a visual form.\n(sec.38-ssec.2) In this section— Queensland Government website means a website with a URL that contains ‘qld.gov.au’, other than the website of a local government.\n- (a) in a journal published by the department or under the Minister’s authority;\n- (b) in another publication the chief executive considers appropriate;\n- (c) on a Queensland Government website;\n- (d) in a publicly available database;\n- (e) for spatial data—by making it available to the public for inspection or purchase;\n- (f) in digital form; Example— providing the information on a universal serial bus (commonly known as a ‘usb’)\n- (g) by displaying it on a notice that is available to the public for inspection at— (i) the department’s head office; or (ii) another place the chief executive considers appropriate;\n- (i) the department’s head office; or\n- (ii) another place the chief executive considers appropriate;\n- (h) by telling it to another person or presenting it to the person in a visual form.\n- (i) the department’s head office; or\n- (ii) another place the chief executive considers appropriate;","sortOrder":47},{"sectionNumber":"pt.8","sectionType":"part","heading":"Geothermal royalty","content":"# Geothermal royalty","sortOrder":48},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":49},{"sectionNumber":"sec.39","sectionType":"section","heading":"Disapplication of part","content":"### sec.39 Disapplication of part\n\nThis part does not apply to a geothermal producer in relation to geothermal energy produced by or for the geothermal producer before 1 July 2030.","sortOrder":50},{"sectionNumber":"sec.40","sectionType":"section","heading":"Definitions for part","content":"### sec.40 Definitions for part\n\nIn this part—\ncomponent , of the wellhead value of geothermal energy produced by or for a geothermal producer in a royalty return period, means—\nan element used to work out the projected amount under section&#160;43 (1) (a) for the geothermal energy; or\nan expense, or an amount contributing to an expense, mentioned in section&#160;41 (1) (a) , (c) or (d) , for the geothermal energy.\ngeothermal royalty decision see section&#160;45 (1) .\noperating expenses , for geothermal energy produced by or for a geothermal producer in a royalty return period, see section&#160;41 .\nroyalty return period means each of the following 3-month periods in a year—\n1 January to 31 March;\n1 April to 30 June;\n1 July to 30 September;\n1 October to 31 December.\nwellhead value , of geothermal energy produced by or for a geothermal producer in a royalty return period, means the wellhead value worked out for the geothermal energy under section&#160;43 for the period.\n- (a) an element used to work out the projected amount under section&#160;43 (1) (a) for the geothermal energy; or\n- (b) an expense, or an amount contributing to an expense, mentioned in section&#160;41 (1) (a) , (c) or (d) , for the geothermal energy.\n- (a) 1 January to 31 March;\n- (b) 1 April to 30 June;\n- (c) 1 July to 30 September;\n- (d) 1 October to 31 December.","sortOrder":51},{"sectionNumber":"sec.41","sectionType":"section","heading":"Meaning of operating expenses","content":"### sec.41 Meaning of operating expenses\n\nThe operating expenses , for geothermal energy produced by or for a geothermal producer in a royalty return period, means each of the following—\na toll, tariff or other charge paid or payable by the geothermal producer to a third party for producing the geothermal energy during the royalty return period if the charges are worked out—\non a commercial basis; or\nif the Minister believes another basis for working out the charges is a more practical basis—on the other basis;\ndepreciation of capital costs on an operating plant or pipeline owned by the geothermal producer and used for producing the geothermal energy or transporting it from the wellhead of the geothermal well in which it was produced to the point of its disposal, allocated over—\n10 years; or\nif the Minister believes a shorter period is appropriate having regard to the expected potential for geothermal production from the well in which the geothermal energy was produced—the shorter period decided by the Minister;\nan operating cost incurred, or to be incurred, by the geothermal producer that relates directly to—\ntreating, processing or refining the geothermal energy; or\ntransporting the geothermal energy to the point of its disposal;\ncatering, accommodation and travel costs for personnel\ncommunication costs\nconsumable stores used at the site at which the energy is produced\ncosts associated with transporting the geothermal energy, including a reasonable share of road maintenance and repairs, motor vehicle costs, wharfage and harbour fees\ngeothermal energy storage costs\ngeothermal tenure rents\npersonnel wages and salaries\nrepairs and maintenance of, and insurance costs for, operating plant and pipelines used to produce geothermal energy or transporting it from the wellhead to the point of its disposal\nanother expense incurred, or to be incurred, by the geothermal producer in relation to the operation of the site at which the geothermal energy was produced that is approved by the Minister for the purpose of this section.\nHowever, expenses are not operating expenses under subsection&#160;(1) if the expenses are any of the following—\nan expense incurred by the geothermal producer in producing the geothermal energy;\nlifting costs\noffice overhead costs for an office that is not located in the area of the geothermal tenure or at the site at which geothermal energy is produced;\nmarketing costs for producing geothermal energy;\nCommonwealth excise levies;\na civil penalty, or interest on an amount, payable by the geothermal producer under the Act .\n(sec.41-ssec.1) The operating expenses , for geothermal energy produced by or for a geothermal producer in a royalty return period, means each of the following— a toll, tariff or other charge paid or payable by the geothermal producer to a third party for producing the geothermal energy during the royalty return period if the charges are worked out— on a commercial basis; or if the Minister believes another basis for working out the charges is a more practical basis—on the other basis; depreciation of capital costs on an operating plant or pipeline owned by the geothermal producer and used for producing the geothermal energy or transporting it from the wellhead of the geothermal well in which it was produced to the point of its disposal, allocated over— 10 years; or if the Minister believes a shorter period is appropriate having regard to the expected potential for geothermal production from the well in which the geothermal energy was produced—the shorter period decided by the Minister; an operating cost incurred, or to be incurred, by the geothermal producer that relates directly to— treating, processing or refining the geothermal energy; or transporting the geothermal energy to the point of its disposal; catering, accommodation and travel costs for personnel communication costs consumable stores used at the site at which the energy is produced costs associated with transporting the geothermal energy, including a reasonable share of road maintenance and repairs, motor vehicle costs, wharfage and harbour fees geothermal energy storage costs geothermal tenure rents personnel wages and salaries repairs and maintenance of, and insurance costs for, operating plant and pipelines used to produce geothermal energy or transporting it from the wellhead to the point of its disposal another expense incurred, or to be incurred, by the geothermal producer in relation to the operation of the site at which the geothermal energy was produced that is approved by the Minister for the purpose of this section.\n(sec.41-ssec.2) However, expenses are not operating expenses under subsection&#160;(1) if the expenses are any of the following— an expense incurred by the geothermal producer in producing the geothermal energy; lifting costs office overhead costs for an office that is not located in the area of the geothermal tenure or at the site at which geothermal energy is produced; marketing costs for producing geothermal energy; Commonwealth excise levies; a civil penalty, or interest on an amount, payable by the geothermal producer under the Act .\n- (a) a toll, tariff or other charge paid or payable by the geothermal producer to a third party for producing the geothermal energy during the royalty return period if the charges are worked out— (i) on a commercial basis; or (ii) if the Minister believes another basis for working out the charges is a more practical basis—on the other basis;\n- (i) on a commercial basis; or\n- (ii) if the Minister believes another basis for working out the charges is a more practical basis—on the other basis;\n- (b) depreciation of capital costs on an operating plant or pipeline owned by the geothermal producer and used for producing the geothermal energy or transporting it from the wellhead of the geothermal well in which it was produced to the point of its disposal, allocated over— (i) 10 years; or (ii) if the Minister believes a shorter period is appropriate having regard to the expected potential for geothermal production from the well in which the geothermal energy was produced—the shorter period decided by the Minister;\n- (i) 10 years; or\n- (ii) if the Minister believes a shorter period is appropriate having regard to the expected potential for geothermal production from the well in which the geothermal energy was produced—the shorter period decided by the Minister;\n- (c) an operating cost incurred, or to be incurred, by the geothermal producer that relates directly to— (i) treating, processing or refining the geothermal energy; or (ii) transporting the geothermal energy to the point of its disposal; Examples of operating costs that may be directly related to treating, processing, refining or transporting geothermal energy— • catering, accommodation and travel costs for personnel • communication costs • consumable stores used at the site at which the energy is produced • costs associated with transporting the geothermal energy, including a reasonable share of road maintenance and repairs, motor vehicle costs, wharfage and harbour fees • geothermal energy storage costs • geothermal tenure rents • personnel wages and salaries • repairs and maintenance of, and insurance costs for, operating plant and pipelines used to produce geothermal energy or transporting it from the wellhead to the point of its disposal\n- (i) treating, processing or refining the geothermal energy; or\n- (ii) transporting the geothermal energy to the point of its disposal; Examples of operating costs that may be directly related to treating, processing, refining or transporting geothermal energy— • catering, accommodation and travel costs for personnel • communication costs • consumable stores used at the site at which the energy is produced • costs associated with transporting the geothermal energy, including a reasonable share of road maintenance and repairs, motor vehicle costs, wharfage and harbour fees • geothermal energy storage costs • geothermal tenure rents • personnel wages and salaries • repairs and maintenance of, and insurance costs for, operating plant and pipelines used to produce geothermal energy or transporting it from the wellhead to the point of its disposal\n- • catering, accommodation and travel costs for personnel\n- • communication costs\n- • consumable stores used at the site at which the energy is produced\n- • costs associated with transporting the geothermal energy, including a reasonable share of road maintenance and repairs, motor vehicle costs, wharfage and harbour fees\n- • geothermal energy storage costs\n- • geothermal tenure rents\n- • personnel wages and salaries\n- • repairs and maintenance of, and insurance costs for, operating plant and pipelines used to produce geothermal energy or transporting it from the wellhead to the point of its disposal\n- (d) another expense incurred, or to be incurred, by the geothermal producer in relation to the operation of the site at which the geothermal energy was produced that is approved by the Minister for the purpose of this section.\n- (i) on a commercial basis; or\n- (ii) if the Minister believes another basis for working out the charges is a more practical basis—on the other basis;\n- (i) 10 years; or\n- (ii) if the Minister believes a shorter period is appropriate having regard to the expected potential for geothermal production from the well in which the geothermal energy was produced—the shorter period decided by the Minister;\n- (i) treating, processing or refining the geothermal energy; or\n- (ii) transporting the geothermal energy to the point of its disposal; Examples of operating costs that may be directly related to treating, processing, refining or transporting geothermal energy— • catering, accommodation and travel costs for personnel • communication costs • consumable stores used at the site at which the energy is produced • costs associated with transporting the geothermal energy, including a reasonable share of road maintenance and repairs, motor vehicle costs, wharfage and harbour fees • geothermal energy storage costs • geothermal tenure rents • personnel wages and salaries • repairs and maintenance of, and insurance costs for, operating plant and pipelines used to produce geothermal energy or transporting it from the wellhead to the point of its disposal\n- • catering, accommodation and travel costs for personnel\n- • communication costs\n- • consumable stores used at the site at which the energy is produced\n- • costs associated with transporting the geothermal energy, including a reasonable share of road maintenance and repairs, motor vehicle costs, wharfage and harbour fees\n- • geothermal energy storage costs\n- • geothermal tenure rents\n- • personnel wages and salaries\n- • repairs and maintenance of, and insurance costs for, operating plant and pipelines used to produce geothermal energy or transporting it from the wellhead to the point of its disposal\n- • catering, accommodation and travel costs for personnel\n- • communication costs\n- • consumable stores used at the site at which the energy is produced\n- • costs associated with transporting the geothermal energy, including a reasonable share of road maintenance and repairs, motor vehicle costs, wharfage and harbour fees\n- • geothermal energy storage costs\n- • geothermal tenure rents\n- • personnel wages and salaries\n- • repairs and maintenance of, and insurance costs for, operating plant and pipelines used to produce geothermal energy or transporting it from the wellhead to the point of its disposal\n- (a) an expense incurred by the geothermal producer in producing the geothermal energy; Example for paragraph&#160;(a) — lifting costs\n- (b) office overhead costs for an office that is not located in the area of the geothermal tenure or at the site at which geothermal energy is produced;\n- (c) marketing costs for producing geothermal energy;\n- (d) Commonwealth excise levies;\n- (e) a civil penalty, or interest on an amount, payable by the geothermal producer under the Act .","sortOrder":52},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Working out geothermal royalty","content":"## Working out geothermal royalty","sortOrder":53},{"sectionNumber":"sec.42","sectionType":"section","heading":"Geothermal royalty rate—Act s, 105","content":"### sec.42 Geothermal royalty rate—Act s, 105\n\nFor section&#160;105 (b) of the Act , the rate of geothermal royalty payable by a geothermal producer for a royalty return period is 2.5% of the wellhead value of all geothermal energy produced by or for the geothermal producer in the period.","sortOrder":54},{"sectionNumber":"sec.43","sectionType":"section","heading":"Working out wellhead value of geothermal energy","content":"### sec.43 Working out wellhead value of geothermal energy\n\nThe wellhead value of geothermal energy produced by or for a geothermal producer in a royalty return period is—\nthe amount the geothermal producer could reasonably expect to realise if the geothermal energy were sold on a commercial basis (the projected amount ); less\nthe sum of the following for the period—\nthe operating expenses for the geothermal energy;\nany negative wellhead value deductable under subsection&#160;(2) .\nIf, for a royalty return period, the operating expenses are more than the projected amount—\nthe amount of the excess is a negative wellhead value for the royalty return period; and\nthe negative wellhead value may be deducted under subsection&#160;(1) (b) (ii) in a later royalty return period in the same year.\nTo remove any doubt, it is declared that a geothermal producer is not entitled to receive any payment in relation to a negative wellhead value.\n(sec.43-ssec.1) The wellhead value of geothermal energy produced by or for a geothermal producer in a royalty return period is— the amount the geothermal producer could reasonably expect to realise if the geothermal energy were sold on a commercial basis (the projected amount ); less the sum of the following for the period— the operating expenses for the geothermal energy; any negative wellhead value deductable under subsection&#160;(2) .\n(sec.43-ssec.2) If, for a royalty return period, the operating expenses are more than the projected amount— the amount of the excess is a negative wellhead value for the royalty return period; and the negative wellhead value may be deducted under subsection&#160;(1) (b) (ii) in a later royalty return period in the same year.\n(sec.43-ssec.3) To remove any doubt, it is declared that a geothermal producer is not entitled to receive any payment in relation to a negative wellhead value.\n- (a) the amount the geothermal producer could reasonably expect to realise if the geothermal energy were sold on a commercial basis (the projected amount ); less\n- (b) the sum of the following for the period— (i) the operating expenses for the geothermal energy; (ii) any negative wellhead value deductable under subsection&#160;(2) .\n- (i) the operating expenses for the geothermal energy;\n- (ii) any negative wellhead value deductable under subsection&#160;(2) .\n- (i) the operating expenses for the geothermal energy;\n- (ii) any negative wellhead value deductable under subsection&#160;(2) .\n- (a) the amount of the excess is a negative wellhead value for the royalty return period; and\n- (b) the negative wellhead value may be deducted under subsection&#160;(1) (b) (ii) in a later royalty return period in the same year.","sortOrder":55},{"sectionNumber":"sec.44","sectionType":"section","heading":"Minister may request information or geothermal royalty decision in particular circumstances","content":"### sec.44 Minister may request information or geothermal royalty decision in particular circumstances\n\nThis section applies if the Minister reasonably believes, in particular circumstances, that for working out the wellhead value of geothermal energy produced by or for a geothermal producer in a royalty return period—\nthe projected amount under section&#160;43 (1) (a) is less than the market value of the geothermal energy; or\nthe operating expenses for the geothermal energy are more than the expenses that would reasonably be incurred in the circumstances.\nWithout limiting subsection&#160;(1) , the Minister may form the reasonable belief because of any of the following circumstances—\nthe geothermal energy is used in a power station owned by the geothermal producer;\nthe geothermal energy is acquired by an associated entity or related party of the geothermal producer;\nan expense was paid or payable to an associated entity or related party of the geothermal producer.\nThe Minister may ask the geothermal producer—\nto give the Minister information or documents that support that 1 or more components of the wellhead value are based on arms-length transactions at market value; or\nto apply to the Minister under section&#160;45 for a geothermal royalty decision.\nThe geothermal producer must comply with the Minister’s request made under subsection&#160;(3) within—\n40 business days after the request is made; or\nif the Minister has, within the 40 business days, agreed to a longer period—the longer period.\nThe Minister may ask the geothermal producer for additional information or documents about a transaction if—\nthe Minister made a request under subsection&#160;(3) (a) ; and\nthe geothermal producer complied with the request as required under subsection&#160;(4) .\nSubsection&#160;(7) applies if—\nthe geothermal producer does not comply with a request made under subsection&#160;(3) or (5) ; or\nfor a request made under subsection&#160;(3) (a) , the geothermal producer—\ncomplies with the request; but\nthe information or documents do not satisfy the Minister that 1 or more components of the wellhead value are based on arms-length transactions at market value.\nThe Minister may make a geothermal royalty decision for 1 or more components of the wellhead value as if the geothermal producer had made an application for a geothermal royalty decision under section&#160;45 .\nIn this section—\nassociated entity , of a geothermal producer, means an entity that, within the meaning of the Corporations Act , section&#160;50AAA , is an associated entity of the geothermal producer.\nrelated party , of a geothermal producer, means an entity that, within the meaning of the Corporations Act , section&#160;228 , is a related party of the geothermal producer.\n(sec.44-ssec.1) This section applies if the Minister reasonably believes, in particular circumstances, that for working out the wellhead value of geothermal energy produced by or for a geothermal producer in a royalty return period— the projected amount under section&#160;43 (1) (a) is less than the market value of the geothermal energy; or the operating expenses for the geothermal energy are more than the expenses that would reasonably be incurred in the circumstances.\n(sec.44-ssec.2) Without limiting subsection&#160;(1) , the Minister may form the reasonable belief because of any of the following circumstances— the geothermal energy is used in a power station owned by the geothermal producer; the geothermal energy is acquired by an associated entity or related party of the geothermal producer; an expense was paid or payable to an associated entity or related party of the geothermal producer.\n(sec.44-ssec.3) The Minister may ask the geothermal producer— to give the Minister information or documents that support that 1 or more components of the wellhead value are based on arms-length transactions at market value; or to apply to the Minister under section&#160;45 for a geothermal royalty decision.\n(sec.44-ssec.4) The geothermal producer must comply with the Minister’s request made under subsection&#160;(3) within— 40 business days after the request is made; or if the Minister has, within the 40 business days, agreed to a longer period—the longer period.\n(sec.44-ssec.5) The Minister may ask the geothermal producer for additional information or documents about a transaction if— the Minister made a request under subsection&#160;(3) (a) ; and the geothermal producer complied with the request as required under subsection&#160;(4) .\n(sec.44-ssec.6) Subsection&#160;(7) applies if— the geothermal producer does not comply with a request made under subsection&#160;(3) or (5) ; or for a request made under subsection&#160;(3) (a) , the geothermal producer— complies with the request; but the information or documents do not satisfy the Minister that 1 or more components of the wellhead value are based on arms-length transactions at market value.\n(sec.44-ssec.7) The Minister may make a geothermal royalty decision for 1 or more components of the wellhead value as if the geothermal producer had made an application for a geothermal royalty decision under section&#160;45 .\n(sec.44-ssec.8) In this section— associated entity , of a geothermal producer, means an entity that, within the meaning of the Corporations Act , section&#160;50AAA , is an associated entity of the geothermal producer. related party , of a geothermal producer, means an entity that, within the meaning of the Corporations Act , section&#160;228 , is a related party of the geothermal producer.\n- (a) the projected amount under section&#160;43 (1) (a) is less than the market value of the geothermal energy; or\n- (b) the operating expenses for the geothermal energy are more than the expenses that would reasonably be incurred in the circumstances.\n- (a) the geothermal energy is used in a power station owned by the geothermal producer;\n- (b) the geothermal energy is acquired by an associated entity or related party of the geothermal producer;\n- (c) an expense was paid or payable to an associated entity or related party of the geothermal producer.\n- (a) to give the Minister information or documents that support that 1 or more components of the wellhead value are based on arms-length transactions at market value; or\n- (b) to apply to the Minister under section&#160;45 for a geothermal royalty decision.\n- (a) 40 business days after the request is made; or\n- (b) if the Minister has, within the 40 business days, agreed to a longer period—the longer period.\n- (a) the Minister made a request under subsection&#160;(3) (a) ; and\n- (b) the geothermal producer complied with the request as required under subsection&#160;(4) .\n- (a) the geothermal producer does not comply with a request made under subsection&#160;(3) or (5) ; or\n- (b) for a request made under subsection&#160;(3) (a) , the geothermal producer— (i) complies with the request; but (ii) the information or documents do not satisfy the Minister that 1 or more components of the wellhead value are based on arms-length transactions at market value.\n- (i) complies with the request; but\n- (ii) the information or documents do not satisfy the Minister that 1 or more components of the wellhead value are based on arms-length transactions at market value.\n- (i) complies with the request; but\n- (ii) the information or documents do not satisfy the Minister that 1 or more components of the wellhead value are based on arms-length transactions at market value.","sortOrder":56},{"sectionNumber":"sec.45","sectionType":"section","heading":"Geothermal producer may apply for geothermal royalty decision","content":"### sec.45 Geothermal producer may apply for geothermal royalty decision\n\nA geothermal producer may apply to the Minister for a decision (a geothermal royalty decision ) about how 1 or more components of the wellhead value of geothermal energy produced by or for the geothermal producer in a royalty return period must be worked out for a particular transaction or particular period.\nThe application must be made—\nbefore the geothermal energy is produced; or\nbefore, or as soon as practicable after, a material change of circumstances that may affect whether the components mentioned in subsection&#160;(1) are based on an arms-length transaction at market value.\nThe application must—\nbe in writing; and\nbe given to the chief executive at the office of the department stated on the department’s website; and\nstate why the geothermal producer is seeking the geothermal royalty decision; and\ninclude a statement about how the geothermal producer proposes the components mentioned in subsection&#160;(1) should be worked out for the particular transaction or particular period; and\na fixed value with adjustments in particular circumstances\na formula for deciding the market value\ninclude a statement about each of the following—\nthe proposed period for which the geothermal royalty decision will apply;\nwhether or not the geothermal royalty decision is to be reviewed;\nif the geothermal producer proposes that the geothermal royalty decision be reviewed—when the decision is to be reviewed.\n(sec.45-ssec.1) A geothermal producer may apply to the Minister for a decision (a geothermal royalty decision ) about how 1 or more components of the wellhead value of geothermal energy produced by or for the geothermal producer in a royalty return period must be worked out for a particular transaction or particular period.\n(sec.45-ssec.2) The application must be made— before the geothermal energy is produced; or before, or as soon as practicable after, a material change of circumstances that may affect whether the components mentioned in subsection&#160;(1) are based on an arms-length transaction at market value.\n(sec.45-ssec.3) The application must— be in writing; and be given to the chief executive at the office of the department stated on the department’s website; and state why the geothermal producer is seeking the geothermal royalty decision; and include a statement about how the geothermal producer proposes the components mentioned in subsection&#160;(1) should be worked out for the particular transaction or particular period; and a fixed value with adjustments in particular circumstances a formula for deciding the market value include a statement about each of the following— the proposed period for which the geothermal royalty decision will apply; whether or not the geothermal royalty decision is to be reviewed; if the geothermal producer proposes that the geothermal royalty decision be reviewed—when the decision is to be reviewed.\n- (a) before the geothermal energy is produced; or\n- (b) before, or as soon as practicable after, a material change of circumstances that may affect whether the components mentioned in subsection&#160;(1) are based on an arms-length transaction at market value.\n- (a) be in writing; and\n- (b) be given to the chief executive at the office of the department stated on the department’s website; and\n- (c) state why the geothermal producer is seeking the geothermal royalty decision; and\n- (d) include a statement about how the geothermal producer proposes the components mentioned in subsection&#160;(1) should be worked out for the particular transaction or particular period; and Examples— • a fixed value with adjustments in particular circumstances • a formula for deciding the market value\n- • a fixed value with adjustments in particular circumstances\n- • a formula for deciding the market value\n- (e) include a statement about each of the following— (i) the proposed period for which the geothermal royalty decision will apply; (ii) whether or not the geothermal royalty decision is to be reviewed; (iii) if the geothermal producer proposes that the geothermal royalty decision be reviewed—when the decision is to be reviewed.\n- (i) the proposed period for which the geothermal royalty decision will apply;\n- (ii) whether or not the geothermal royalty decision is to be reviewed;\n- (iii) if the geothermal producer proposes that the geothermal royalty decision be reviewed—when the decision is to be reviewed.\n- • a fixed value with adjustments in particular circumstances\n- • a formula for deciding the market value\n- (i) the proposed period for which the geothermal royalty decision will apply;\n- (ii) whether or not the geothermal royalty decision is to be reviewed;\n- (iii) if the geothermal producer proposes that the geothermal royalty decision be reviewed—when the decision is to be reviewed.","sortOrder":57},{"sectionNumber":"sec.46","sectionType":"section","heading":"Deciding application for geothermal royalty decision","content":"### sec.46 Deciding application for geothermal royalty decision\n\nThe Minister must make a geothermal royalty decision for an application made under section&#160;45 .\nThe geothermal royalty decision may state—\na method or formula—\nfor deciding the market value of the geothermal energy; or\nfor working out a particular toll, tariff or other charge paid or payable by the geothermal producer; or\nfor adjusting the market value of the geothermal energy or the tolls, tariffs or other charges in particular circumstances; or\nfor working out any other component of the wellhead value of the geothermal energy; and\nthe period for which the geothermal royalty decision applies; and\nif applicable—when the geothermal royalty decision is to be reviewed.\nIn making the geothermal royalty decision, the Minister may consider the following matters—\nthe amount received for geothermal energy sold in similar circumstances;\nhow the value of the geothermal energy can be adjusted to reflect changes to the market value of geothermal energy;\nthe expenses likely to be incurred by the geothermal producer in arms-length transactions at market value;\nthe period for which the geothermal royalty decision, or aspects of the decision, will apply;\nthe need for any future adjustment of the geothermal royalty decision or aspects of the decision;\nany submissions made to the Minister by the geothermal producer in relation to a component of the wellhead value of the geothermal energy;\nany other matter the Minister considers relevant.\nThe Minister must give the geothermal producer written notice of the geothermal royalty decision and the reasons for the decision.\n(sec.46-ssec.1) The Minister must make a geothermal royalty decision for an application made under section&#160;45 .\n(sec.46-ssec.2) The geothermal royalty decision may state— a method or formula— for deciding the market value of the geothermal energy; or for working out a particular toll, tariff or other charge paid or payable by the geothermal producer; or for adjusting the market value of the geothermal energy or the tolls, tariffs or other charges in particular circumstances; or for working out any other component of the wellhead value of the geothermal energy; and the period for which the geothermal royalty decision applies; and if applicable—when the geothermal royalty decision is to be reviewed.\n(sec.46-ssec.3) In making the geothermal royalty decision, the Minister may consider the following matters— the amount received for geothermal energy sold in similar circumstances; how the value of the geothermal energy can be adjusted to reflect changes to the market value of geothermal energy; the expenses likely to be incurred by the geothermal producer in arms-length transactions at market value; the period for which the geothermal royalty decision, or aspects of the decision, will apply; the need for any future adjustment of the geothermal royalty decision or aspects of the decision; any submissions made to the Minister by the geothermal producer in relation to a component of the wellhead value of the geothermal energy; any other matter the Minister considers relevant.\n(sec.46-ssec.4) The Minister must give the geothermal producer written notice of the geothermal royalty decision and the reasons for the decision.\n- (a) a method or formula— (i) for deciding the market value of the geothermal energy; or (ii) for working out a particular toll, tariff or other charge paid or payable by the geothermal producer; or (iii) for adjusting the market value of the geothermal energy or the tolls, tariffs or other charges in particular circumstances; or (iv) for working out any other component of the wellhead value of the geothermal energy; and\n- (i) for deciding the market value of the geothermal energy; or\n- (ii) for working out a particular toll, tariff or other charge paid or payable by the geothermal producer; or\n- (iii) for adjusting the market value of the geothermal energy or the tolls, tariffs or other charges in particular circumstances; or\n- (iv) for working out any other component of the wellhead value of the geothermal energy; and\n- (b) the period for which the geothermal royalty decision applies; and\n- (c) if applicable—when the geothermal royalty decision is to be reviewed.\n- (i) for deciding the market value of the geothermal energy; or\n- (ii) for working out a particular toll, tariff or other charge paid or payable by the geothermal producer; or\n- (iii) for adjusting the market value of the geothermal energy or the tolls, tariffs or other charges in particular circumstances; or\n- (iv) for working out any other component of the wellhead value of the geothermal energy; and\n- (a) the amount received for geothermal energy sold in similar circumstances;\n- (b) how the value of the geothermal energy can be adjusted to reflect changes to the market value of geothermal energy;\n- (c) the expenses likely to be incurred by the geothermal producer in arms-length transactions at market value;\n- (d) the period for which the geothermal royalty decision, or aspects of the decision, will apply;\n- (e) the need for any future adjustment of the geothermal royalty decision or aspects of the decision;\n- (f) any submissions made to the Minister by the geothermal producer in relation to a component of the wellhead value of the geothermal energy;\n- (g) any other matter the Minister considers relevant.","sortOrder":58},{"sectionNumber":"sec.47","sectionType":"section","heading":"Minister may amend geothermal royalty decision","content":"### sec.47 Minister may amend geothermal royalty decision\n\nThe Minister may amend a geothermal royalty decision applying to a geothermal producer if there has been a material change of circumstances since the making of the decision.\nIf the Minister proposes to amend a geothermal royalty decision applying to a geothermal producer on the Minister’s own initiative, the Minister must—\ngive the geothermal producer notice of the proposed change at least 60 business days before the first day of the next royalty return period to which the proposed amended royalty decision would apply; and\ninvite the geothermal producer to make submissions about the proposed amendment within 30 business days (the submission period ) after giving the notice.\nIn amending a geothermal royalty decision applying to a geothermal producer, the Minister—\nmust consider any submissions made by the geothermal producer in the submission period; and\nmay consider the matters stated in section&#160;46 (3) (a) to (e) and (g) .\nIf the Minister amends the geothermal royalty decision, the Minister must give the geothermal producer written notice of the decision and the reasons for the decision.\nThe amended geothermal royalty decision must state the period to which the decision applies.\n(sec.47-ssec.1) The Minister may amend a geothermal royalty decision applying to a geothermal producer if there has been a material change of circumstances since the making of the decision.\n(sec.47-ssec.2) If the Minister proposes to amend a geothermal royalty decision applying to a geothermal producer on the Minister’s own initiative, the Minister must— give the geothermal producer notice of the proposed change at least 60 business days before the first day of the next royalty return period to which the proposed amended royalty decision would apply; and invite the geothermal producer to make submissions about the proposed amendment within 30 business days (the submission period ) after giving the notice.\n(sec.47-ssec.3) In amending a geothermal royalty decision applying to a geothermal producer, the Minister— must consider any submissions made by the geothermal producer in the submission period; and may consider the matters stated in section&#160;46 (3) (a) to (e) and (g) .\n(sec.47-ssec.4) If the Minister amends the geothermal royalty decision, the Minister must give the geothermal producer written notice of the decision and the reasons for the decision.\n(sec.47-ssec.5) The amended geothermal royalty decision must state the period to which the decision applies.\n- (a) give the geothermal producer notice of the proposed change at least 60 business days before the first day of the next royalty return period to which the proposed amended royalty decision would apply; and\n- (b) invite the geothermal producer to make submissions about the proposed amendment within 30 business days (the submission period ) after giving the notice.\n- (a) must consider any submissions made by the geothermal producer in the submission period; and\n- (b) may consider the matters stated in section&#160;46 (3) (a) to (e) and (g) .","sortOrder":59},{"sectionNumber":"sec.48","sectionType":"section","heading":"Geothermal producer may apply for amendment of geothermal royalty decision","content":"### sec.48 Geothermal producer may apply for amendment of geothermal royalty decision\n\nA geothermal producer may apply to the Minister to amend a geothermal royalty decision.\nThe geothermal producer’s application must be made at least 60 business days before the first day of the royalty return period to which the proposed amended geothermal royalty decision would apply.\nSections&#160;45 (3) and 46 apply to the application as if the reference in the provisions to the geothermal royalty decision were a reference to an amendment of the geothermal royalty decision.\n(sec.48-ssec.1) A geothermal producer may apply to the Minister to amend a geothermal royalty decision.\n(sec.48-ssec.2) The geothermal producer’s application must be made at least 60 business days before the first day of the royalty return period to which the proposed amended geothermal royalty decision would apply.\n(sec.48-ssec.3) Sections&#160;45 (3) and 46 apply to the application as if the reference in the provisions to the geothermal royalty decision were a reference to an amendment of the geothermal royalty decision.","sortOrder":60},{"sectionNumber":"pt.9","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":61},{"sectionNumber":"sec.49","sectionType":"section","heading":"Way for making or giving an application, document or submission— Act , s&#160;363","content":"### sec.49 Way for making or giving an application, document or submission— Act , s&#160;363\n\nFor section&#160;363 (2) (b) of the Act , the prescribed way is using the online system on the department’s website.\nHowever, if a person makes or gives an application, document or submission as mentioned in subsection&#160;(1) , the chief executive may, by notice given to the person, require the person to also lodge a hard copy of the application, document or submission at the place mentioned in section&#160;363 (2) (a) of the Act .\nIf a person makes or gives an application, document or submission as mentioned in subsection&#160;(1) after 4.30p.m. on a business day and before 8.30a.m. on the next business day (the later day ), the application, document or submission is taken to have been made or given at 8.30a.m. on the later day.\n(sec.49-ssec.1) For section&#160;363 (2) (b) of the Act , the prescribed way is using the online system on the department’s website.\n(sec.49-ssec.2) However, if a person makes or gives an application, document or submission as mentioned in subsection&#160;(1) , the chief executive may, by notice given to the person, require the person to also lodge a hard copy of the application, document or submission at the place mentioned in section&#160;363 (2) (a) of the Act .\n(sec.49-ssec.3) If a person makes or gives an application, document or submission as mentioned in subsection&#160;(1) after 4.30p.m. on a business day and before 8.30a.m. on the next business day (the later day ), the application, document or submission is taken to have been made or given at 8.30a.m. on the later day.","sortOrder":62},{"sectionNumber":"sec.50","sectionType":"section","heading":"Annual rent— Act , s&#160;130","content":"### sec.50 Annual rent— Act , s&#160;130\n\nFor section&#160;130 (1) of the Act , the annual rent payable for each geothermal tenure is stated in schedule&#160;4 .\nFor section&#160;130 (2) of the Act , the annual rent, or a pro-rata amount of the annual rent if the period to which the rent relates is less than a year, must be paid on or before—\non the grant of the geothermal tenure, if the Minister has not already required payment of the rent—the 20th business day after the tenure takes effect; or\notherwise—31 August each year.\nIf the annual rent is paid for a year and the geothermal tenure ends during the year, the proportion of the rent that relates to the remainder of the year may be refunded.\n(sec.50-ssec.1) For section&#160;130 (1) of the Act , the annual rent payable for each geothermal tenure is stated in schedule&#160;4 .\n(sec.50-ssec.2) For section&#160;130 (2) of the Act , the annual rent, or a pro-rata amount of the annual rent if the period to which the rent relates is less than a year, must be paid on or before— on the grant of the geothermal tenure, if the Minister has not already required payment of the rent—the 20th business day after the tenure takes effect; or otherwise—31 August each year.\n(sec.50-ssec.3) If the annual rent is paid for a year and the geothermal tenure ends during the year, the proportion of the rent that relates to the remainder of the year may be refunded.\n- (a) on the grant of the geothermal tenure, if the Minister has not already required payment of the rent—the 20th business day after the tenure takes effect; or\n- (b) otherwise—31 August each year.","sortOrder":63},{"sectionNumber":"sec.51","sectionType":"section","heading":"Security for geothermal tenure— Act , s&#160;204","content":"### sec.51 Security for geothermal tenure— Act , s&#160;204\n\nFor section&#160;204 (2) (a) of the Act , the following forms of security are prescribed—\ncash, including an electronic funds transfer of cash;\nan unconditional security issued by a financial institution that—\nis in favour of the ‘State of Queensland’ and is payable on demand; and\nhas no expiry date; and\nstates the type and number of the geothermal tenure or proposed geothermal tenure; and\nstates the address of the financial institution; and\nis signed by an officer of the financial institution who has authority to sign the security;\na combination of the forms mentioned in paragraphs&#160;(a) and (b) .\nFor section&#160;204 (2) (b) of the Act , the following amounts are prescribed—\nfor a geothermal permit or proposed geothermal permit—$14,748;\nfor a geothermal lease or proposed geothermal lease—$43,017.\n(sec.51-ssec.1) For section&#160;204 (2) (a) of the Act , the following forms of security are prescribed— cash, including an electronic funds transfer of cash; an unconditional security issued by a financial institution that— is in favour of the ‘State of Queensland’ and is payable on demand; and has no expiry date; and states the type and number of the geothermal tenure or proposed geothermal tenure; and states the address of the financial institution; and is signed by an officer of the financial institution who has authority to sign the security; a combination of the forms mentioned in paragraphs&#160;(a) and (b) .\n(sec.51-ssec.2) For section&#160;204 (2) (b) of the Act , the following amounts are prescribed— for a geothermal permit or proposed geothermal permit—$14,748; for a geothermal lease or proposed geothermal lease—$43,017.\n- (a) cash, including an electronic funds transfer of cash;\n- (b) an unconditional security issued by a financial institution that— (i) is in favour of the ‘State of Queensland’ and is payable on demand; and (ii) has no expiry date; and (iii) states the type and number of the geothermal tenure or proposed geothermal tenure; and (iv) states the address of the financial institution; and (v) is signed by an officer of the financial institution who has authority to sign the security;\n- (i) is in favour of the ‘State of Queensland’ and is payable on demand; and\n- (ii) has no expiry date; and\n- (iii) states the type and number of the geothermal tenure or proposed geothermal tenure; and\n- (iv) states the address of the financial institution; and\n- (v) is signed by an officer of the financial institution who has authority to sign the security;\n- (c) a combination of the forms mentioned in paragraphs&#160;(a) and (b) .\n- (i) is in favour of the ‘State of Queensland’ and is payable on demand; and\n- (ii) has no expiry date; and\n- (iii) states the type and number of the geothermal tenure or proposed geothermal tenure; and\n- (iv) states the address of the financial institution; and\n- (v) is signed by an officer of the financial institution who has authority to sign the security;\n- (a) for a geothermal permit or proposed geothermal permit—$14,748;\n- (b) for a geothermal lease or proposed geothermal lease—$43,017.","sortOrder":64},{"sectionNumber":"sec.52","sectionType":"section","heading":"Prescribed interest on amounts owing to the State— Act , s&#160;372","content":"### sec.52 Prescribed interest on amounts owing to the State— Act , s&#160;372\n\nFor section&#160;372 (2) of the Act , the rate of interest is 15% a year.","sortOrder":65},{"sectionNumber":"sec.53","sectionType":"section","heading":"Fees","content":"### sec.53 Fees\n\nThe fees payable under the Act are stated in schedule&#160;5 .","sortOrder":66},{"sectionNumber":"pt.10","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":67},{"sectionNumber":"sec.54","sectionType":"section","heading":"Definition for part","content":"### sec.54 Definition for part\n\nIn this part—\nexpired regulation means the expired Geothermal Energy Regulation 2012 .","sortOrder":68},{"sectionNumber":"sec.55","sectionType":"section","heading":"Existing requirement to give a notice, report or information","content":"### sec.55 Existing requirement to give a notice, report or information\n\nThis section applies if—\nbefore the commencement—\na person was required to give the chief executive a notice, report or information under the Act ; and\nthe expired regulation, part&#160;3 or 4, prescribed matters for the notice, report or information, including, for example, the requirement to give the notice, report or information; and\nimmediately before the commencement, the period within which the notice, report or information was required to be given had not ended.\nThe expired regulation continues to apply in relation to the requirement to give the notice, report or information as if this regulation had not been made.\nIn this section—\ninformation includes documents, records and samples.\n(sec.55-ssec.1) This section applies if— before the commencement— a person was required to give the chief executive a notice, report or information under the Act ; and the expired regulation, part&#160;3 or 4, prescribed matters for the notice, report or information, including, for example, the requirement to give the notice, report or information; and immediately before the commencement, the period within which the notice, report or information was required to be given had not ended.\n(sec.55-ssec.2) The expired regulation continues to apply in relation to the requirement to give the notice, report or information as if this regulation had not been made.\n(sec.55-ssec.3) In this section— information includes documents, records and samples.\n- (a) before the commencement— (i) a person was required to give the chief executive a notice, report or information under the Act ; and (ii) the expired regulation, part&#160;3 or 4, prescribed matters for the notice, report or information, including, for example, the requirement to give the notice, report or information; and\n- (i) a person was required to give the chief executive a notice, report or information under the Act ; and\n- (ii) the expired regulation, part&#160;3 or 4, prescribed matters for the notice, report or information, including, for example, the requirement to give the notice, report or information; and\n- (b) immediately before the commencement, the period within which the notice, report or information was required to be given had not ended.\n- (i) a person was required to give the chief executive a notice, report or information under the Act ; and\n- (ii) the expired regulation, part&#160;3 or 4, prescribed matters for the notice, report or information, including, for example, the requirement to give the notice, report or information; and","sortOrder":69},{"sectionNumber":"sec.56","sectionType":"section","heading":"Existing requirement to keep a sample","content":"### sec.56 Existing requirement to keep a sample\n\nThis section applies if—\nbefore the commencement—\na person was required to keep a sample under the Act ; and\nthe expired regulation, part&#160;4, division&#160;3, prescribed matters for the requirement, including, for example, the samples that must be kept; and\nimmediately before the commencement, the period for which the sample was required to be kept had not ended.\nThe expired regulation continues to apply in relation to the requirement to keep the sample as if this regulation had not been made.\n(sec.56-ssec.1) This section applies if— before the commencement— a person was required to keep a sample under the Act ; and the expired regulation, part&#160;4, division&#160;3, prescribed matters for the requirement, including, for example, the samples that must be kept; and immediately before the commencement, the period for which the sample was required to be kept had not ended.\n(sec.56-ssec.2) The expired regulation continues to apply in relation to the requirement to keep the sample as if this regulation had not been made.\n- (a) before the commencement— (i) a person was required to keep a sample under the Act ; and (ii) the expired regulation, part&#160;4, division&#160;3, prescribed matters for the requirement, including, for example, the samples that must be kept; and\n- (i) a person was required to keep a sample under the Act ; and\n- (ii) the expired regulation, part&#160;4, division&#160;3, prescribed matters for the requirement, including, for example, the samples that must be kept; and\n- (b) immediately before the commencement, the period for which the sample was required to be kept had not ended.\n- (i) a person was required to keep a sample under the Act ; and\n- (ii) the expired regulation, part&#160;4, division&#160;3, prescribed matters for the requirement, including, for example, the samples that must be kept; and","sortOrder":70},{"sectionNumber":"sec.57","sectionType":"section","heading":"Required information given before commencement","content":"### sec.57 Required information given before commencement\n\nSection&#160;37 applies to required information mentioned in that section and given to the chief executive before the commencement if, on the commencement, the information has not been published under section&#160;196 (1) of the Act .","sortOrder":71},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"Requirements for all geothermal wells","content":"# Requirements for all geothermal wells","sortOrder":72},{"sectionNumber":"sch.2-sec.1","sectionType":"section","heading":"Removal of particular equipment","content":"### sch.2-sec.1 Removal of particular equipment\n\nAll equipment, other than casing, that may create a hazard that is in, or immediately adjacent to, a geothermal well must be removed before the well is plugged and abandoned.\nHowever, if it is not reasonably possible to comply with subsection&#160;(1) —\nthe location of the equipment must be surveyed before the well is plugged and abandoned; and\ndetails of the equipment and its location must be included in an end of tenure report.\n(sch.2-sec.1-ssec.1) All equipment, other than casing, that may create a hazard that is in, or immediately adjacent to, a geothermal well must be removed before the well is plugged and abandoned.\n(sch.2-sec.1-ssec.2) However, if it is not reasonably possible to comply with subsection&#160;(1) — the location of the equipment must be surveyed before the well is plugged and abandoned; and details of the equipment and its location must be included in an end of tenure report.\n- (a) the location of the equipment must be surveyed before the well is plugged and abandoned; and\n- (b) details of the equipment and its location must be included in an end of tenure report.","sortOrder":73},{"sectionNumber":"sch.2-sec.2","sectionType":"section","heading":"Abandonment to be consistent with good industry practice","content":"### sch.2-sec.2 Abandonment to be consistent with good industry practice\n\nA geothermal well must be abandoned in compliance with good industry practice, to the extent that the practice is consistent with this regulation.","sortOrder":74},{"sectionNumber":"sch.2-sec.3","sectionType":"section","heading":"Capping of well","content":"### sch.2-sec.3 Capping of well\n\nA geothermal well must be capped with a metal plate inscribed with the following information—\nthe identifying name of the well;\nthe total depth in metres of the well;\nthe date the well was abandoned.\n- (a) the identifying name of the well;\n- (b) the total depth in metres of the well;\n- (c) the date the well was abandoned.","sortOrder":75},{"sectionNumber":"sch.2-sec.4","sectionType":"section","heading":"Casing to be sealed","content":"### sch.2-sec.4 Casing to be sealed\n\nThe casing of a geothermal well must be sealed below ground level.\nThe stub of the casing must be buried below the surface at a depth that—\nallows for efficient later re-entry to the well; and\nwill not adversely interfere with the normal activities of the owner of the land on which the well is located.\n(sch.2-sec.4-ssec.1) The casing of a geothermal well must be sealed below ground level.\n(sch.2-sec.4-ssec.2) The stub of the casing must be buried below the surface at a depth that— allows for efficient later re-entry to the well; and will not adversely interfere with the normal activities of the owner of the land on which the well is located.\n- (a) allows for efficient later re-entry to the well; and\n- (b) will not adversely interfere with the normal activities of the owner of the land on which the well is located.","sortOrder":76},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Additional requirements for wells other than horizontal wells","content":"# Additional requirements for wells other than horizontal wells","sortOrder":77},{"sectionNumber":"sch.2-sec.5","sectionType":"section","heading":"Isolation of aquifers and porous formations","content":"### sch.2-sec.5 Isolation of aquifers and porous formations\n\nAn aquifer or porous formation intersected by a geothermal well must be isolated so there is no interconnection of gas, steam or water at the point at which the aquifer or porous formation intersects the well.\ncementing an interval in a well, where an aquifer or porous formation is intersected by the well, to seal off the aquifer or porous formation","sortOrder":78},{"sectionNumber":"sch.2-sec.6","sectionType":"section","heading":"Casing of prescribed well","content":"### sch.2-sec.6 Casing of prescribed well\n\nSteel casing must be removed from all sections of a geothermal well that are within or immediately adjacent to geothermal fluid.\nHowever, subsection&#160;(1) need not be complied with if it is not technically or commercially feasible to remove the casing.\nproduction casing that has been cemented in place and can not feasibly be removed\n(sch.2-sec.6-ssec.1) Steel casing must be removed from all sections of a geothermal well that are within or immediately adjacent to geothermal fluid.\n(sch.2-sec.6-ssec.2) However, subsection&#160;(1) need not be complied with if it is not technically or commercially feasible to remove the casing. production casing that has been cemented in place and can not feasibly be removed","sortOrder":79},{"sectionNumber":"sch.2-sec.7","sectionType":"section","heading":"Cement to be used for plugs","content":"### sch.2-sec.7 Cement to be used for plugs\n\nA geothermal well must have a surface plug of cement in the casing.\nAlso, if a geothermal well has more than 1 casing string and any inner casing string does not reach the surface, the inner casing string must, if required to comply with section&#160;5 , be plugged with cement at the top of the string.\nThe cement used as a plug in the well must—\nbe of an industry accepted grade, having regard to the salinity of the fluids in the surrounding strata; and\nbe tested to ensure that it complies with industry accepted practices and standards.\nA plug in, or adjacent to, geothermal fluid in the well must, if reasonably practicable, be adequately secured.\n(sch.2-sec.7-ssec.1) A geothermal well must have a surface plug of cement in the casing.\n(sch.2-sec.7-ssec.2) Also, if a geothermal well has more than 1 casing string and any inner casing string does not reach the surface, the inner casing string must, if required to comply with section&#160;5 , be plugged with cement at the top of the string.\n(sch.2-sec.7-ssec.3) The cement used as a plug in the well must— be of an industry accepted grade, having regard to the salinity of the fluids in the surrounding strata; and be tested to ensure that it complies with industry accepted practices and standards.\n(sch.2-sec.7-ssec.4) A plug in, or adjacent to, geothermal fluid in the well must, if reasonably practicable, be adequately secured.\n- (a) be of an industry accepted grade, having regard to the salinity of the fluids in the surrounding strata; and\n- (b) be tested to ensure that it complies with industry accepted practices and standards.","sortOrder":80},{"sectionNumber":"sch.2-sec.8","sectionType":"section","heading":"Requirement for packer left in well","content":"### sch.2-sec.8 Requirement for packer left in well\n\nA packer in, or adjacent to, a geothermal well that is not to be removed from the well must, if reasonably practicable—\nbe made of a material that is intrinsically safe; and\nbe adequately secured.\n- (a) be made of a material that is intrinsically safe; and\n- (b) be adequately secured.","sortOrder":81},{"sectionNumber":"sch.2-sec.9","sectionType":"section","heading":"Fluid to be left in well","content":"### sch.2-sec.9 Fluid to be left in well\n\nA geothermal well must be left full of fluid that is of sufficient density to—\nhelp maintain the structural integrity of the well; and\nprevent gas influx.\n- (a) help maintain the structural integrity of the well; and\n- (b) prevent gas influx.","sortOrder":82},{"sectionNumber":"sch.2-pt.3","sectionType":"part","heading":"Additional requirement for horizontal wells","content":"# Additional requirement for horizontal wells","sortOrder":83},{"sectionNumber":"sch.2-sec.10","sectionType":"section","heading":"Requirement for liner","content":"### sch.2-sec.10 Requirement for liner\n\nA horizontal geothermal well must be abandoned containing a slotted liner that is not made of steel.\na slotted PVC liner\nHowever, if the horizontal geothermal well has the potential to cause a hazard to future mining because of high levels of methane, the geothermal tenure holder must conduct a risk assessment that includes an assessment of whether a fire resistant anti-static (or FRAS) liner should be used in the well.\n(sch.2-sec.10-ssec.1) A horizontal geothermal well must be abandoned containing a slotted liner that is not made of steel. a slotted PVC liner\n(sch.2-sec.10-ssec.2) However, if the horizontal geothermal well has the potential to cause a hazard to future mining because of high levels of methane, the geothermal tenure holder must conduct a risk assessment that includes an assessment of whether a fire resistant anti-static (or FRAS) liner should be used in the well.","sortOrder":84}],"analysis":{"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.4","severity":"medium","reasoning":"Section 4(a) prescribes that the 5 MWth threshold is measured 'when the temperature is 0°C and the atmospheric pressure is 1 atm'. Geothermal energy is by definition heat energy extracted from the earth at temperatures well above 0°C. Measuring thermal power output at 0°C reference conditions creates an absurd baseline — geothermal fluid at or near 0°C would contain negligible usable thermal energy and no geothermal operation would be conducted at such conditions. The accompanying example then contradicts this by calculating 12.5 MWth 'above 0°C', suggesting the 0°C reference is a base temperature for enthalpy calculation, but this is not clearly stated and creates interpretive confusion about whether 0°C is an operating condition or a calculation baseline.","confidence":0.72,"description":"Thermal power measurement at 0°C reference temperature is physically meaningless for geothermal energy assessment"},{"type":"self_contradicting","section":"sec.41(ssec.2)(a)","severity":"high","reasoning":"Section 41(1) defines operating expenses as including costs directly related to 'treating, processing or refining the geothermal energy' and 'transporting the geothermal energy to the point of its disposal', which are all expenses incurred in producing geothermal energy. Section 41(2)(a) then excludes 'an expense incurred by the geothermal producer in producing the geothermal energy'. The inclusion and exclusion provisions overlap substantially — virtually every expense in sec.41(1) could be characterised as an expense incurred in producing geothermal energy, making the exclusion potentially swallow the inclusion. The example of 'lifting costs' does not adequately clarify the boundary.","confidence":0.78,"description":"Operating expenses exclude 'an expense incurred by the geothermal producer in producing the geothermal energy' but section 41(1) defines operating expenses as costs of producing geothermal energy"},{"type":"other","section":"sec.43(ssec.2)","severity":"medium","reasoning":"Section 43(2)(b) allows a negative wellhead value to be deducted 'in a later royalty return period in the same year'. Since royalty return periods are quarterly (January-March, April-June, July-September, October-December per sec.40), a negative wellhead value arising in the October-December period cannot be carried forward at all — there is no later period in the same year. This means a producer experiencing losses in Q4 receives no deduction benefit, while the same losses in Q1-Q3 would be partially deductible. This creates an arbitrary and potentially capricious outcome depending on timing.","confidence":0.85,"description":"Negative wellhead value can only be carried forward within the same calendar year, creating a cliff-edge problem at year-end that produces arbitrary royalty outcomes"},{"type":"impossible_compliance","section":"sec.33(ssec.2)","severity":"medium","reasoning":"Section 33(2) allows the chief executive to exempt a holder from keeping a new core sample if 'the new sample has similar properties to the previous sample'. However, the exemption must logically be sought and granted before drilling (since the obligation to keep arises upon taking the sample), yet the properties of the new sample cannot be known until after it is taken. A holder cannot demonstrate similarity of the new sample to obtain a pre-drilling exemption. This creates a chicken-and-egg problem where compliance with the precondition for exemption is impossible at the time the exemption would be useful.","confidence":0.7,"description":"Exemption from keeping a core sample requires the previous sample to have 'similar properties' to the new sample before the new sample has been taken"},{"type":"other","section":"sec.9(ssec.3)(a)","severity":"low","reasoning":"Section 9(3)(a) defines drilling of a well as 'completed' when (i) the drilling rig is moved so it is no longer above the well AND (ii) 'the geothermal tenure holder does not intend to continue drilling the well'. The second limb makes completion dependent on the holder's intention, which is a subjective mental state. This creates a legally uncertain situation — a holder could technically avoid triggering the 10-business-day notice obligation in sec.9(2) by maintaining a stated intention to continue drilling even after the rig is removed, and the obligation could later crystallise retrospectively when the intention changes, potentially making the notice requirement impossible to comply with in time.","confidence":0.65,"description":"Definition of 'drilling completed' requires subjective intent as a legally operative fact"},{"type":"other","section":"sec.36(ssec.2)","severity":"medium","reasoning":"Section 36(2) provides that to the extent a requirement under sec.36(1) is 'inconsistent with a relevant environmental condition', the environmental condition prevails. This means an environmental condition could effectively override the requirement to plug a shot hole with solid material or restore disturbed land. No alternative requirement is prescribed for those circumstances. An environmental condition is unlikely to specifically address shot hole plugging, so 'inconsistency' may be found on loose grounds, effectively providing an escape route from remediation obligations without a safety net.","confidence":0.55,"description":"Environmental condition can override the obligation to plug shot holes, potentially leaving explosive-disturbed ground unplugged with no alternative requirement"},{"type":"other","section":"sec.19(ssec.3)","severity":"low","reasoning":"Section 19(3) provides that the end of tenure report requirements do not apply 'to the extent the information has already been included in' a partial relinquishment report or surrender report. However, partial relinquishment reports may be years old and may not reflect current conditions. There is no requirement that the previously submitted information remains accurate or that updates be provided. A holder could theoretically rely on a stale partial relinquishment report to avoid the end of tenure reporting obligations entirely, leaving regulators without current information at the critical moment of tenure expiry.","confidence":0.6,"description":"End of tenure report requirement disappears entirely if information was already included in prior reports, but no mechanism ensures completeness or currency of information"},{"type":"other","section":"sec.45(ssec.2)(a)","severity":"low","reasoning":"Section 45(2)(a) requires that a royalty decision application be made 'before the geothermal energy is produced'. Section 39 disapplies the royalty part for energy produced before 1 July 2030. If a producer has been operating since before 2030 and produces energy both before and after that date, it is unclear when the sec.45(2)(a) obligation to apply 'before production' is triggered — presumably not before first production (which may be years earlier), but some point before the royalty regime commences. The regulation provides no transitional mechanism for existing producers.","confidence":0.62,"description":"Royalty decision application must be made before geothermal energy is produced, but royalty obligations only commence from 1 July 2030 per sec.39"}],"contradictions":[{"severity":"high","section_a":"sec.41(ssec.1)(c)","section_b":"sec.41(ssec.2)(a)","confidence":0.8,"description":"Section 41(1)(c) includes as operating expenses costs 'directly related to treating, processing or refining the geothermal energy', while sec.41(2)(a) excludes 'an expense incurred by the geothermal producer in producing the geothermal energy'. Treating, processing and refining are steps in producing geothermal energy, making the inclusion and exclusion provisions directly contradictory for those costs."},{"severity":"medium","section_a":"sec.21(ssec.2)","section_b":"sec.22(ssec.1)","confidence":0.75,"description":"Section 21(2) requires daily drilling reports to be given to the chief executive 'with the well completion report'. Section 22(1) requires the well completion report to be given within 12 months after the rig release day. This means daily drilling reports — which are daily operational records — are not required to be submitted until up to 12 months after drilling ends, defeating their operational oversight purpose and creating a tension between the contemporaneous nature of daily reports and their deferred submission timeline."},{"severity":"medium","section_a":"sec.22(ssec.2)","section_b":"sec.23(ssec.2)(a)","confidence":0.7,"description":"Section 22(2) requires that if a well is plugged and abandoned on or before the rig release day, the well completion report must be 'accompanied by' a well abandonment report. Section 23(2)(a) requires the well abandonment report to be given 'with the well completion report' in the same circumstances. These provisions are mutually dependent — each report must accompany the other — but neither specifies which triggers the other or what happens if one is deficient, creating a circular compliance obligation."},{"severity":"medium","section_a":"sec.43(ssec.1)","section_b":"sec.43(ssec.2)","confidence":0.65,"description":"Section 43(1) defines wellhead value as projected amount less operating expenses and any negative wellhead value deduction. Section 43(2) says that when operating expenses exceed projected amount, the excess is a negative wellhead value that may be deducted in a later period in the same year. However, sec.43(1)(b)(ii) includes the negative wellhead value deduction as part of the formula that produces the wellhead value — if a negative wellhead value from a prior period is deducted under sec.43(1)(b)(ii), this could produce a new (larger) negative wellhead value, which could potentially be carried forward again in a circular manner that is not addressed by the regulation."},{"severity":"medium","section_a":"sec.47(ssec.2)(a)","section_b":"sec.48(ssec.2)","confidence":0.68,"description":"Section 47(2)(a) requires the Minister to give notice of a proposed amendment 'at least 60 business days before the first day of the next royalty return period to which the proposed amended royalty decision would apply'. Section 48(2) requires a geothermal producer's application for amendment to be made 'at least 60 business days before the first day of the royalty return period to which the proposed amended geothermal royalty decision would apply'. Both provisions use the same 60 business day threshold but sec.46(1) requires the Minister to 'make a geothermal royalty decision' for any application under sec.45 (applied via sec.48(3)). No timeframe is given for the Minister to decide, meaning the Minister could receive an application 60 days before the period but not decide until after it commences, rendering the producer's compliance with the timing requirement futile."},{"severity":"low","section_a":"sec.37(ssec.1)","section_b":"sec.37(ssec.2)","confidence":0.6,"description":"Section 37(1) establishes a confidentiality period for required information listed in schedule 3. Section 37(2) carves out an exception providing there is 'no confidentiality period' for well abandonment reports when made available to holders of petroleum tenures or coal/oil shale mining tenements over the same area. However, well abandonment reports would ordinarily appear in schedule 3 as required information with a confidentiality period. The carve-out in sec.37(2) applies only to availability to those specific tenure holders, but it is unclear whether the confidentiality period still runs against the public while availability to those specific parties is unrestricted — creating a two-tiered confidentiality regime that is not expressly acknowledged."}]},"kimi_summary":{"_metrics":{"completionTokens":622},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulation appears consistent with its original purpose of operationalising the Geothermal Energy Act. The 2022 version replaces the 2012 regulation with updated requirements, and includes a 2025 amendment (section 37) adjusting confidentiality provisions. No significant scope expansion is evident."},"complexity_factors":["Extensive cross-referencing to the parent Geothermal Energy Act (over 50 references to 'the Act')","Multiple nested definitions and defined terms (e.g., 'operating expenses' has 4 categories plus 5 exclusions, with examples)","Complex royalty calculation with 'wellhead value' formula involving projected amounts, operating expenses, and negative value carry-forwards","Conditional timelines and exceptions throughout (e.g., 10 business days notice for most activities, but 12 months for well completion reports)","Detailed technical requirements in schedules for well abandonment, plugging, and core sample handling","Ministerial discretion provisions with procedural requirements (e.g., sections 44-48 on royalty decisions)","Transitional provisions preserving old regulation requirements for pending matters"],"plain_english_summary":"This regulation sets out the detailed rules for geothermal energy exploration and production in Queensland. It covers:\n\n**What it does:**\n- **Defines \"large-scale\" geothermal production** as operations producing 5 megawatts thermal or more at the wellhead, for commercial or industrial purposes.\n- **Sets application requirements** for companies seeking permits (work programs) and leases (development plans), including geological models, resource estimates, and infrastructure plans.\n- **Creates notification rules** requiring companies to give 10 business days' notice before drilling wells, conducting surveys, or doing hydraulic fracturing (\"fracking\"), and to report completion of these activities within 10 business days.\n- **Mandates extensive reporting** including daily drilling reports, well completion reports, annual resource reports, production reports every 6 months, and specialised reports for testing, surveys, and hydraulic fracturing.\n- **Requires preservation of core samples** (at least 50% of recovered core) with proper labelling and storage until given to the chief executive.\n- **Sets technical standards** for plugging and abandoning wells, with different rules for horizontal wells versus other wells.\n- **Establishes a royalty system** at 2.5% of \"wellhead value\" (projected sale price minus operating expenses), with provisions for Ministerial decisions on valuation disputes and a grace period until 1 July 2030.\n- **Sets fees and security bonds** ($14,748 for permits, $43,017 for leases).\n\n**Who it affects:**\nCompanies exploring for or producing geothermal energy in Queensland, and the government department regulating them.\n\n**Why it matters:**\nGeothermal energy uses heat from underground to generate clean electricity. These rules ensure proper environmental management, resource assessment, safety, and fair return to the state while providing certainty for investors."},"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"},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulation appears consistent with its stated purpose: providing detailed operational rules for the geothermal energy sector as a subordinate instrument to the Geothermal Energy Act. There is no evidence of scope creep or departure from original intent. The royalty deferral to 2030 is an explicit policy choice to support industry development, not an unintended expansion or contraction."},"complexity_factors":["Multiple interlocking parts covering very different subject matters (work programs, notices, reporting, core samples, royalties) in a single instrument","Heavy reliance on the parent Act — many sections only make sense by cross-referencing specific sections of the Geothermal Energy Act, making standalone reading difficult","Royalty calculation framework (Part 8) involves multi-step financial formulas: projected market value minus operating expenses, negative wellhead value carry-forward, ministerial discretion to override valuations, and anti-avoidance rules for related-party transactions","Technical scientific and engineering terminology throughout (megawatts thermal, specific enthalpy, kilojoules per kilogram, petajoules, seismic horizons, completion configuration, hydraulic fracturing) which requires specialist knowledge to fully interpret","Multiple report types with different timeframes and content requirements, cross-referenced within the regulation itself","Ministerial discretion powers are broad and somewhat subjective (e.g., Minister may decide a shorter depreciation period is 'appropriate'; Minister may approve additional expenses)","The regulation incorporates schedules (not fully reproduced) that contain critical detail — meaning a reader cannot fully understand the regulation from the main body alone","Anti-avoidance provisions referencing Corporations Act definitions of 'associated entity' and 'related party', adding a layer of corporate law complexity"],"plain_english_summary":"This regulation sets the operational rules for holders of geothermal tenures in Queensland — mainly companies exploring for or producing underground heat — spelling out what they must do to explore, drill, report and decommission sites.\n\nIt requires pre‑drill/development plans and notices, detailed ongoing reporting (drilling, production, injections, fraccing), retention of core samples, plugging and land restoration standards, confidentiality periods, and a royalty regime starting 1 July 2030 at 2.5% of wellhead value with limited allowable cost deductions."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulation replaces the expired 2012 rules but preserves pre‑existing obligations where a notice/report/sample period was already running (ss.55–56). It also expressly excludes geothermal energy produced before 1 July 2030 from the royalty part (s.39). These transitional and savings clauses indicate continuation rather than an expansion of scope for existing obligations."},"complexity_factors":["Extensive and prescriptive reporting and notification duties across multiple parts (pt.3–pt.4; schedules) increasing administrative burden","Detailed technical standards for well plugging, abandonment and core‑sample handling (sch.2; ss.33–35)","Royalty valuation framework that uses a projected market amount less defined operating expenses, negative carryovers and a fixed 2.5% rate (ss.42–43)","Broad Ministerial powers to request information, substitute valuations and issue/ amend royalty decisions (ss.44–47) creating valuation uncertainty","Discretion to approve or exclude specific operating expenses and depreciation periods (s.41) affecting taxable/base calculations","Confidentiality and publication rules with staged periods and multiple publication methods (ss.37–38; schedule‑referenced)","Transitional and savings provisions preserving prior regulation for outstanding obligations and a carve‑out for pre‑2030 production (pt.10; s.39)","Prescribed financial instruments, security amounts and a high prescribed interest rate for late amounts (s.51; s.52) affecting cashflow and credit arrangements"],"plain_english_summary":"This regulation sets technical, reporting and royalty rules for geothermal tenures in Queensland, including the threshold for large‑scale production, mandatory notices and detailed reports, core‑sample and well‑abandonment standards, data publication, prescribed securities and a 2.5% wellhead royalty. Stated purposes are data collection, safety and revenue; these introduce compliance costs, valuation uncertainty and administrative discretion that can affect commercial decisions (see ss.42,44–47,50–51; pts.3–4)."}},"importantCases":[],"_links":{"self":"/api/acts/geothermal-energy-regulation-2022","history":"/api/acts/geothermal-energy-regulation-2022/history","analysis":"/api/acts/geothermal-energy-regulation-2022/analysis","conflicts":"/api/acts/geothermal-energy-regulation-2022/conflicts","importantCases":"/api/acts/geothermal-energy-regulation-2022/important-cases","documents":"/api/acts/geothermal-energy-regulation-2022/documents"}}