{"id":"geothermal-energy-regulations-2009","name":"GEOTHERMAL ENERGY REGULATIONS 2009","slug":"geothermal-energy-regulations-2009","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176880,"registerId":"nt-geothermal-energy-regulations-2009-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"GEOTHERMAL ENERGY REGULATIONS 2009","content":"NORTHERN TERRITORY OF AUSTRALIA\nGEOTHERMAL ENERGY REGULATIONS 2009\nAs in force at 1 July 2020\nTable of provisions\nPart 1 Preliminary matters\n1 Citation ............................................................................................ 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\nPart 2 Geothermal authorities\nDivision 1 Geothermal authority applications\n4 Procedure for granting or renewing permit ...................................... 2\n5 Procedure for deciding other geothermal authority applications ...... 4\n6 Fees for geothermal authority applications ...................................... 5\nDivision 2 Conditions of geothermal authorities\n7 Authority year .................................................................................. 5\n8 Annual fee for authority year............................................................ 5\n9 Lodgment of annual report............................................................... 6\n10 Drill cores, cuttings and other samples ............................................ 6\nDivision 3 Cancellations of geothermal authorities or\npart of geothermal authorities areas\n11 Procedure for cancellation ............................................................... 7\nDivision 4 Miscellaneous matters\n12 Notice of change relating to geothermal authority holder ................ 8\nPart 3 Technical work programs and geothermal\noperations plans\nDivision 1 Technical work programs\n13 Notice of change relating to operator............................................... 9\nDivision 2 Geothermal operations plans\n14 Information to be included in geothermal operations plan ............... 9\n15 Information required before expiry of permit or licence .................. 10\n\nGeothermal Energy Regulations 2009 ii\n16 Refusal to approve geothermal operations plan or variation ......... 10\nPart 4 Geothermal authorities register\n17 Information relating to application for grant of permit or lease ....... 11\n18 Information relating to geothermal authority .................................. 11\n19 Information relating to transfer of geothermal authority interest..... 12\n20 Entry of additional information ....................................................... 13\n21 Form of application for registration of transfer or devolution .......... 13\n22 Refusal of applications relating to register ..................................... 13\n23 Fees payable in relation to register................................................ 13\nPart 5 Tribunal\n24 Jurisdiction..................................................................................... 13\n25 Reviewable decision ...................................................................... 13\n26 Recommendation of Tribunal and subsequent decision ................ 14\nPart 6 Infringement notice offences\n32 Infringement notice offence and prescribed amount payable ........ 14\n33 When infringement notice may be given ........................................ 14\n34 Contents of infringement notice ..................................................... 15\n35 Electronic payment and payment by cheque ................................. 15\n36 Withdrawal of infringement notice.................................................. 16\n37 Application of Part ......................................................................... 16\nPart 7 Transitional matters for Northern Territory\nCivil and Administrative Tribunal\n(Conferral of Jurisdiction Amendments)\n(No. 2) Act 2014\n38 Definitions ...................................................................................... 16\n39 Review of Minister's decision notified before commencement ....... 17\n40 Minister's decision made after commencement ............................. 18\n41 Applications to former Tribunal ...................................................... 18\nSchedule 1 Fees for geothermal authority applications\nSchedule 2 Annual fees\nSchedule 3 Fees for late lodgment of annual report\nSchedule 4 Fees in relation to register\nSchedule 5 Infringement notice offences and\nprescribed amounts\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 July 2020\n____________________\nGEOTHERMAL ENERGY REGULATIONS 2009\nRegulations under the Geothermal Energy Act 2009\nPart 1 Preliminary matters\n1 Citation\nThese Regulations may be cited as the Geothermal Energy\nRegulations 2009.\n2 Commencement\nThese Regulations commence on the commencement of the\nGeothermal Energy Act 2009.\n3 Definitions\nIn these Regulations:\nannual fee means the fee prescribed by regulation 8.\nannual report means a report mentioned in section 52(1) of the\nAct.\nauthority year, see regulation 7.\nexpiry date means the date on which a geothermal exploration\npermit or geothermal retention licence ceases to be in force\nbecause of the expiry of the period specified in it.\nextended time, in relation to a time allowed for taking an action as\nspecified in a notice given under Part 2 or 3 of these Regulations,\nmeans the time as extended under section 38(2) of the Act.\ninfringement notice, see regulation 33.\ninfringement notice offence, see regulation 32(1).\nprescribed amount, see regulation 32(2).\n\nPart 2 Geothermal authorities\nDivision 1 Geothermal authority applications\nGeothermal Energy Regulations 2009 2\nprescribed lodgment day, for an annual report, see\nregulation 9(4).\nreviewable decision, see regulation 25(1).\nreviewable decision notice means a notice given under\nsection 34 of the Northern Territory Civil and Administrative\nTribunal Act 2014.\nTribunal means the Civil and Administrative Tribunal.\nPart 2 Geothermal authorities\nDivision 1 Geothermal authority applications\n4 Procedure for granting or renewing permit\n(1) This regulation applies if, after considering an application for the\ngrant or renewal of a geothermal exploration permit, the Minister:\n(a) decides, under section 17(2)(a) or (b) of the Act, to grant a\npermit over all or some of the blocks comprising the\napplication area; or\n(b) decides, under section 19(1)(a) or (b) of the Act, to renew the\npermit over all or some of the blocks comprising the\napplication area.\n(2) The Minister must give the applicant a notice of the decision stating\nthe following:\n(a) the blocks for which the Minister intends to grant or renew the\npermit and, if applicable, the reason why the Minister does not\nintend to grant or renew the permit for all the blocks\ncomprising the application area;\n(b) the conditions the Minister intends to include in the permit;\n(c) that the applicant may accept the decision by giving the\nMinister a written notice of acceptance within the time\nspecified in the notice (the specified time), in which case the\nMinister will grant or renew the permit on receipt of the notice;\n\nPart 2 Geothermal authorities\nDivision 1 Geothermal authority applications\nGeothermal Energy Regulations 2009 3\n(d) that the applicant may, within the specified time, give the\nMinister a written notice requesting the Minister to vary the\ndecision in 1 or both of the following ways:\n(i) if the Minister intends to grant or renew the permit over\nsome of the blocks comprising the application area – by\nvarying the blocks that will comprise the permit area in\nthe way specified in the request;\n(ii) by varying the conditions in the way specified in the\nrequest;\n(e) that if the applicant requests a variation under paragraph (d):\n(i) the notice must give reasons for the request; and\n(ii) the procedures under subregulation (4) will apply.\n(3) The specified time must be at least 28 days after the date on which\nthe applicant is given the notice.\n(4) If the applicant gives the Minister a notice under\nsubregulation (2)(d) within the specified time or an extended time,\nthe Minister must:\n(a) vary the decision notified under subregulation (2) (the original\ndecision) in the way requested by the applicant and grant or\nrenew the permit in accordance with the variation; or\n(b) vary the original decision in another way, grant or renew the\npermit in accordance with the variation, and give the applicant\na reviewable decision notice relating to the variation; or\n(c) refuse to vary the original decision, grant or renew the permit\nin accordance with the original decision, and give the applicant\na reviewable decision notice relating to the refusal to vary the\noriginal decision.\n(5) If the applicant does not give the Minister a notice under\nsubregulation (2)(c) or (d) within the specified time or an extended\ntime, the Minister must:\n(a) grant or renew the permit as notified in the original decision;\nand\n(b) if the Minister has granted or renewed the permit over some of\nthe blocks comprising the application area or included\nconditions in the permit – give the applicant a reviewable\ndecision notice relating to the blocks or conditions (or both)\nstated in the original decision.\n\nPart 2 Geothermal authorities\nDivision 1 Geothermal authority applications\nGeothermal Energy Regulations 2009 4\n5 Procedure for deciding other geothermal authority\napplications\n(1) This regulation applies if the Minister:\n(a) decides, under section 17(2)(c) or 19(1)(c) of the Act, to refuse\nto grant or renew a geothermal exploration permit; or\n(b) decides, under section 23 or 26 of the Act, that he or she is\nnot satisfied as mentioned in the section and refuses to grant\nor renew a geothermal retention licence; or\n(c) decides, under section 32(2) of the Act, not to grant a\ngeothermal production lease; or\n(d) decides, under section 54(4)(b) of the Act, to vary the\nconditions of a geothermal authority by taking a different\naction from the action requested by the applicant; or\n(e) decides, under section 54(4)(c) of the Act, to refuse to vary the\nconditions of a geothermal authority; or\n(f) decides, under section 57(2) of the Act, to refuse to accept the\nsurrender of a geothermal authority or part of a geothermal\nauthority area.\n(2) The Minister must give the applicant a notice of the decision stating:\n(a) the reasons for the decision; and\n(b) that the applicant may, within the time specified in the notice\n(the specified time), give the Minister a written submission\nabout matters the applicant wishes the Minister to reconsider.\n(3) The specified time must be at least 28 days after the date on which\nthe applicant is given the notice.\n(4) If the applicant gives the Minister a submission within the specified\ntime or an extended time, the Minister may:\n(a) reverse or vary the decision (as applicable); or\n(b) make the decision as notified and give the applicant a\nreviewable decision notice.\n(5) If the applicant does not give the Minister a submission within the\nspecified time or an extended time, the Minister must make the\ndecision as notified and give the applicant a reviewable decision\nnotice.\n\nPart 2 Geothermal authorities\nDivision 2 Conditions of geothermal authorities\nGeothermal Energy Regulations 2009 5\n(6) In this regulation:\napplicant means the person who applied for the grant, renewal,\nvariation or surrender to which the Minister's decision relates.\n6 Fees for geothermal authority applications\n(1) Schedule 1 prescribes the fees payable for the geothermal\napplications specified in it.\n(2) A fee paid for an application to which section 14(1) of the Act\napplies is refundable if the Minister decides under section 14(2) of\nthe Act that the application does not have the greatest merit to be\ngiven consideration for the grant of a permit.\n(3) A fee paid for an application for the grant, renewal or variation of\nconditions of a geothermal authority is not refundable if the Minister\nrefuses to grant, renew, or vary the conditions of, the geothermal\nauthority.\nDivision 2 Conditions of geothermal authorities\n7 Authority year\nAn authority year, for a geothermal authority, is:\n(a) the 12 months immediately following the date on which the\nauthority comes into force; and\n(b) each subsequent 12 months of the term of the authority.\n8 Annual fee for authority year\n(1) A geothermal authority holder must pay an annual fee in relation to\nthe geothermal authority before the beginning of each authority\nyear.\n(2) Schedule 2 prescribes the annual fee payable for each block in a\ngeothermal authority area for an authority year.\n(3) If, after the beginning of an authority year, a geothermal authority\nholder applies to the Minister to accept the surrender of all or part of\nthe geothermal authority area, the Minister need not accept the\nsurrender until the annual fee has been paid:\n(a) for each block in the whole geothermal authority area\n(including the blocks to be surrendered); and\n(b) for the entire 12 month period of the authority year.\n\nPart 2 Geothermal authorities\nDivision 2 Conditions of geothermal authorities\nGeothermal Energy Regulations 2009 6\n(4) A geothermal authority holder is not entitled to a refund of any part\nof an annual fee paid before the beginning of an authority year if,\nduring the authority year:\n(a) part of the geothermal authority area is excised under\nsection 24 or 33 of the Act; or\n(b) the surrender of the geothermal authority or part of the\ngeothermal authority area takes effect; or\n(c) the cancellation of all or part of the geothermal authority takes\neffect.\n9 Lodgment of annual report\n(1) An annual report for a geothermal authority must be:\n(a) in writing and accompanied by the relevant approved form;\nand\n(b) lodged with the Agency no later than the prescribed lodgment\nday.\n(2) Schedule 3 prescribes the fee payable for the late lodgment of an\nannual report within a specified period.\n(3) The Minister may waive a fee prescribed by subregulation (2) only if\nsatisfied the holder of the geothermal authority for which the annual\nreport is lodged has a reasonable excuse for the late lodgment.\n(4) In this regulation:\nprescribed lodgment day, for an annual report, means 28 days\nafter the end of the authority year for the geothermal authority to\nwhich the annual report relates.\n10 Drill cores, cuttings and other samples\n(1) A notice of recovery of a sample under section 53 of the Act must\nbe in the approved form.\n(2) The sample must be kept by the geothermal authority holder in a\nway that will protect the sample from damage and deterioration\nuntil:\n(a) it is given to the Minister under section 53(3) of the Act; or\n(b) the Minister authorises its earlier disposal under section 53(4)\nof the Act.\n\nPart 2 Geothermal authorities\nDivision 3 Cancellations of geothermal authorities or part of geothermal authorities\nareas\nGeothermal Energy Regulations 2009 7\n(3) The sample must be clearly labelled to identify:\n(a) the nature of the sample; and\n(b) the date and place of recovery.\n(4) A geothermal authority holder who wishes to dispose of a sample\nbefore ceasing geothermal activities under the geothermal authority\nmust apply in writing for the Minister's authority under section 53(4)\nof the Act, giving reasons for the application.\n(5) A geothermal authority holder who ceases to conduct geothermal\nactivities under the geothermal authority, and is required by\nsection 53(3) of the Act to give the Minister each sample recovered,\nmust deliver the samples to premises kept by the Agency for the\nstorage of samples.\n(6) A person may examine samples at the Agency's storage premises\nduring the normal business hours of the Agency.\n(7) For this regulation, geothermal activities cease to be conducted\nunder a geothermal authority:\n(a) on the expiry date of the geothermal authority; or\n(b) on the date the surrender of the geothermal authority, or part\nof the geothermal authority area, takes effect; or\n(c) on the date the cancellation of the geothermal authority takes\neffect; or\n(d) if the geothermal operations plan for the geothermal authority\nis revised or varied to indicate that particular geothermal\nactivities are no longer being conducted in the geothermal\nauthority area – on the date the Minister approves the revised\nplan or variation.\nDivision 3 Cancellations of geothermal authorities or part of\ngeothermal authorities areas\n11 Procedure for cancellation\n(1) This regulation applies if the Minister is satisfied about a matter\nmentioned in section 58(2) of the Act in relation to a geothermal\nauthority holder and decides to:\n(a) cancel the geothermal authority; or\n\nPart 2 Geothermal authorities\nDivision 4 Miscellaneous matters\nGeothermal Energy Regulations 2009 8\n(b) cancel the geothermal authority for part of the geothermal\nauthority area.\n(2) The Minister must give the geothermal authority holder a notice of\nthe decision stating:\n(a) the reasons for the decision; and\n(b) that the holder may, within the time specified in the notice (the\nspecified time), give the Minister a written submission about\nmatters the holder wishes the Minister to reconsider.\n(3) The specified time must be at least 28 days after the date on which\nthe holder is given the notice.\n(4) If the holder gives the Minister a submission within the specified\ntime or an extended time, the Minister may:\n(a) reverse or vary the decision; or\n(b) make the decision as notified and give the applicant a\nreviewable decision notice.\n(5) If the holder does not give the Minister a submission within the\nspecified time or an extended time, the Minister may make the\ndecision as notified and give the applicant a reviewable decision\nnotice.\nDivision 4 Miscellaneous matters\n12 Notice of change relating to geothermal authority holder\nThe holder of a geothermal authority must give the Minister written\nnotice about any of the following changes within 14 days after the\nchange occurs:\n(a) a change in the holder's name;\n(b) a change in the holder's address or other contact details.\nFault element: Strict liability offence.\nMaximum penalty: 20 penalty units.\n\nPart 3 Technical work programs and geothermal operations plans\nDivision 2 Geothermal operations plans\nGeothermal Energy Regulations 2009 9\nPart 3 Technical work programs and geothermal\noperations plans\nDivision 1 Technical work programs\n13 Notice of change relating to operator\n(1) This regulation applies if an operator has been appointed for a\ngeothermal authority area and any of the following (a notifiable\nchange) has occurred:\n(a) the name, contact details or terms of appointment in the\ntechnical work program or document of appointment have\nchanged;\n(b) the appointment no longer has effect because of the\nresignation of the operator or another reason;\n(c) a new operator or additional operator has been appointed.\n(2) The holder of, or applicant for, the geothermal authority must give\nthe Minister written notice of a notifiable change within 14 days after\nthe change occurs.\nFault element: Strict liability offence.\nMaximum penalty: 20 penalty units.\n(3) A notice of the appointment of a new operator must include the\ninformation required by section 65(1)(b)(i) and (ii) and (c) of the Act.\nDivision 2 Geothermal operations plans\n14 Information to be included in geothermal operations plan\nFor section 67(2)(c) of the Act, a geothermal operations plan for a\ngeothermal authority area must include the following information:\n(a) details of the operations to be conducted for the technical\nwork summarised in the technical work program for the area;\n(b) a description of how the operations will be conducted and the\npersons who will conduct the operations;\n(c) plans of the proposed and (if applicable) current work sites for\nthe operations, including buildings and infrastructure on the\nwork sites;\n\nPart 3 Technical work programs and geothermal operations plans\nDivision 2 Geothermal operations plans\nGeothermal Energy Regulations 2009 10\n(d) descriptions and plans of proposed and (if applicable) current\ninfrastructure associated with the operations in the geothermal\nauthority area, including any road construction under\nsection 42 of the Act;\n(e) details of the proposed restoration and rehabilitation of land if\noperations or geothermal activities conducted in the area are\nto cease permanently, and the anticipated cost of the\nrestoration and rehabilitation.\n15 Information required before expiry of permit or licence\n(1) This regulation applies if the holder of a geothermal exploration\npermit or geothermal retention licence intends to allow the term of\nthe geothermal authority to end on the expiry date.\n(2) No later than 3 months before the expiry date:\n(a) the holder must review the approved operations plan for the\ngeothermal authority area; and\n(b) if the approved operations plan does not include\ncomprehensive details about the restoration and rehabilitation\nof the geothermal authority area to be carried out before the\nexpiry date, and the anticipated cost of the restoration and\nrehabilitation, the holder must:\n(i) vary the plan to include that information; and\n(ii) apply to the Minister under section 69(1) of the Act for\napproval of the variation.\n16 Refusal to approve geothermal operations plan or variation\n(1) This regulation applies if the Minister:\n(a) refuses under section 68 of the Act to approve a geothermal\noperations plan; or\n(b) refuses under section 69 of the Act to approve a variation of a\ngeothermal operations plan.\n(2) The Minister must give the applicant a reviewable decision notice\nrelating to the refusal.\n\nPart 4 Geothermal authorities register\nGeothermal Energy Regulations 2009 11\nPart 4 Geothermal authorities register\n17 Information relating to application for grant of permit or lease\n(1) This regulation applies in relation to an application for the grant of\nthe following geothermal authorities:\n(a) a geothermal exploration permit;\n(b) a geothermal production lease if the application is made by a\nperson mentioned in section 31(2) of the Act.\n(2) The following information must be entered in the register in relation\nto the geothermal authority application:\n(a) the date on which the Agency received the application;\n(b) a description of the application area;\n(c) the name and contact details of each applicant;\n(d) if there is more than 1 applicant – the details of the geothermal\nauthority interest proposed to be held by each applicant;\n(e) details (including the date of receipt by the Agency) of any of\nthe following:\n(i) an application for the transfer of a geothermal authority\ninterest;\n(ii) an application for registration of the devolution of a\ngeothermal authority interest;\n(iii) the lodgment of a caveat;\n(f) a decision made about an application or lodgment mentioned\nin paragraph (e) and any resulting changes.\n18 Information relating to geothermal authority\nThe following information must be entered in the register in relation\nto a geothermal authority:\n(a) the type of geothermal authority and the date on which it was\ngranted and (if applicable) renewed;\n(b) the term of the geothermal authority if it is a permit or licence;\n(c) a description of the geothermal authority area;\n\nPart 4 Geothermal authorities register\nGeothermal Energy Regulations 2009 12\n(d) the name and contact details of each holder of the geothermal\nauthority;\n(e) the geothermal authority interest held by each holder of the\ngeothermal authority;\n(f) details (including the date of receipt by the Agency) of a\ngeothermal authority application for:\n(i) renewal; or\n(ii) the surrender of the geothermal authority or part of the\ngeothermal authority area; or\n(iii) a geothermal retention licence, made by the holder of a\npermit; or\n(iv) a geothermal production lease, made by the holder of a\npermit or licence;\n(g) details (including the date of receipt by the Agency) of any of\nthe following:\n(i) an application for the transfer of a geothermal authority\ninterest;\n(ii) an application for registration of the devolution of a\ngeothermal authority interest;\n(iii) the lodgment of a caveat;\n(h) a decision made about an application or lodgment mentioned\nin paragraph (f) or (g) and any resulting changes.\n19 Information relating to transfer of geothermal authority interest\n(1) For regulation 17(2)(e)(i) or 18(g)(i), the following details must be\nincluded in the register:\n(a) the names and contact details of each person transferring a\ngeothermal authority interest and each person to whom a\ngeothermal authority interest is to be transferred;\n(b) the geothermal authority interest being transferred.\n(2) The Minister need not enter in the register the details of an\nagreement relating to the transfer of a geothermal authority interest.\n\nPart 5 Tribunal\nGeothermal Energy Regulations 2009 13\n20 Entry of additional information\nThe Minister may enter in the register any information not\nmentioned in this Part that the Minister considers should be\nentered.\n21 Form of application for registration of transfer or devolution\nThe following applications must be in an approved form:\n(a) an application under section 72(1) of the Act for registration of\nthe transfer of a geothermal authority interest;\n(b) an application under section 73(1) of the Act for registration of\nthe devolution of a geothermal authority interest.\n22 Refusal of applications relating to register\n(1) This regulation applies if the Minister:\n(a) refuses under section 72 or 73 of the Act to register the\ntransfer or devolution of a geothermal authority interest; or\n(b) refuses under section 75 of the Act to correct an error in the\nregister.\n(2) The Minister must give the applicant for the registration or\ncorrection a reviewable decision notice relating to the refusal.\n23 Fees payable in relation to register\nSchedule 4 prescribes the fee payable for an application or\ndocument specified in it.\nPart 5 Tribunal\n24 Jurisdiction\nA person aggrieved by a reviewable decision may apply to the\nTribunal for a review of the decision.\n25 Reviewable decision\n(1) A decision that is required by these Regulations to be notified by a\nreviewable decision notice is a reviewable decision.\n(2) A decision mentioned in subregulation (1) includes:\n(a) an action taken to implement the decision; and\n\nPart 5 Tribunal\nGeothermal Energy Regulations 2009 14\n(b) a refusal to approve something that is the subject of an\napplication; and\n(c) a refusal to take an action that is the subject of an application.\n26 Recommendation of Tribunal and subsequent decision\n(1) Within 2 months after conducting a proceeding for a reviewable\ndecision the Tribunal must:\n(a) make a recommendation about the decision; and\n(b) give the parties to the proceeding a written notice of the\nrecommendation and the reasons for making it.\n(2) After considering the recommendation and reasons for making it,\nthe Minister must decide to:\n(a) reverse or vary the reviewable decision (as applicable); or\n(b) confirm the reviewable decision.\n(3) In making the decision under subregulation (2), the Minister is not\nrequired to follow the recommendation.\n(4) Within 28 days after receiving the recommendation, the Minister\nmust give the applicant for the review a notice of the decision under\nsubregulation (2) and the reasons for the decision.\nPart 6 Infringement notice offences\n32 Infringement notice offence and prescribed amount payable\n(1) An infringement notice offence is an offence against a provision\nspecified in Schedule 5.\n(2) The prescribed amount for an infringement notice offence is the\namount equal to the monetary value of the number of penalty units\nspecified for the offence in Schedule 5.\n33 When infringement notice may be given\nIf the Minister believes on reasonable grounds that a person has\ncommitted an infringement notice offence, the Minister may give a\nnotice (an infringement notice) to the person.\n\nPart 5 Tribunal\nGeothermal Energy Regulations 2009 15\n34 Contents of infringement notice\n(1) The infringement notice must specify the following:\n(a) the name and address of the person, if known;\n(b) the date the infringement notice is given to the person;\n(c) the date and time of the infringement notice offence and the\nplace at which the infringement notice offence occurred;\n(d) a description of the offence;\n(e) the prescribed amount payable for the offence;\n(f) the enforcement agency, as defined in the Fines and Penalties\n(Recovery) Act 2001, to which the prescribed amount is\npayable.\n(2) The infringement notice must include a statement to the effect of\nthe following:\n(a) the person may expiate the infringement notice offence and\navoid any further action in relation to the offence by paying the\nprescribed amount to the specified enforcement agency within\n28 days after the notice is given;\n(b) the person may elect under section 21 of the Fines and\nPenalties (Recovery) Act 2001 to have the matter dealt with by\na court instead of under that Act by completing a statement of\nelection and giving it to the specified enforcement agency;\n(c) if the person does nothing in response to the notice,\nenforcement action may be taken under the Fines and\nPenalties (Recovery) Act 2001.\n(3) Also, the infringement notice must include an appropriate form for\nmaking the statement of election mentioned in subregulation (2)(b).\n35 Electronic payment and payment by cheque\n(1) If the person uses electronic means to pay the prescribed amount,\npayment is not effected until the amount is credited to the payee's\nbank account.\n(2) If the person tenders a cheque in payment of the prescribed\namount, payment is not effected unless the cheque is cleared on\nfirst presentation.\n\nPart 7 Transitional matters for Northern Territory Civil and Administrative Tribunal\n(Conferral of Jurisdiction Amendments) (No. 2) Act 2014\nGeothermal Energy Regulations 2009 16\n36 Withdrawal of infringement notice\n(1) The Minister may withdraw the infringement notice by written notice\ngiven to the person.\n(2) The notice must be given:\n(a) within 28 days after the infringement notice is given to the\nperson; and\n(b) before payment of the prescribed amount.\n37 Application of Part\n(1) This Part does not prejudice or affect the start or continuation of\nproceedings for an infringement notice offence for which an\ninfringement notice has been given unless the offence is expiated.\n(2) Also, this Part does not:\n(a) require an infringement notice to be given; or\n(b) affect the liability of a person to be prosecuted in a court for an\noffence for which an infringement notice has not been given;\nor\n(c) prevent more than one infringement notice for the same\noffence being given to a person.\n(3) If more than one infringement notice for the same offence has been\ngiven to a person, the person may expiate the offence by paying\nthe prescribed amount in accordance with any of the notices.\nPart 7 Transitional matters for Northern Territory Civil\nand Administrative Tribunal (Conferral of\nJurisdiction Amendments) (No. 2) Act 2014\n38 Definitions\nIn this Part:\ncommencement means the commencement of Part 8 of the\nNorthern Territory Civil and Administrative Tribunal (Conferral of\nJurisdiction Amendments) (No. 2) Act 2014.\n\nPart 7 Transitional matters for Northern Territory Civil and Administrative Tribunal\n(Conferral of Jurisdiction Amendments) (No. 2) Act 2014\nGeothermal Energy Regulations 2009 17\nformer legislation means the following as in force immediately\nbefore the commencement:\n(a) the Act and these Regulations;\n(b) the Lands, Planning and Mining Tribunal Act 1998.\nformer Tribunal means the Lands, Planning and Mining Tribunal\nas in existence under the Lands, Planning and Mining Tribunal\nAct 1998 immediately before the commencement of the Northern\nTerritory Civil and Administrative Tribunal Act 2014.\nnew legislation means the following as in force after the\ncommencement:\n(a) the Act and these Regulations;\n(b) the Northern Territory Civil and Administrative Tribunal\nAct 2014.\n39 Review of Minister's decision notified before commencement\n(1) This regulation applies if:\n(a) before the commencement, the Minister had given a person a\nreviewable decision notice for a reviewable decision; and\n(b) one of the following circumstances applies:\n(i) immediately before the commencement, the review\nperiod for the decision had not expired and the person\nhad not applied for a review of the decision;\n(ii) before the commencement, the person had applied for a\nreview of the decision and the proceeding for the review\nhad not been decided.\n(2) If the circumstance mentioned in subregulation (1)(b)(i) applies, the\nformer legislation continues to apply in relation to the entitlement of\nthe person to apply for a review or the decision within the review\nperiod.\n(3) The former legislation continues to apply in relation to the functions\nand powers of the former Tribunal in conducting and deciding a\nproceeding for the review regardless of whether the proceeding:\n(a) was being conducted before the commencement; or\n(b) is started after the commencement within the review period.\n\nPart 7 Transitional matters for Northern Territory Civil and Administrative Tribunal\n(Conferral of Jurisdiction Amendments) (No. 2) Act 2014\nGeothermal Energy Regulations 2009 18\n(4) In this regulation:\nreview period means the period within which a person given a\nreviewable decision notice is entitled to apply for a review of the\ndecision mentioned in the notice.\n40 Minister's decision made after commencement\n(1) This regulation applies if:\n(a) a person had made an application to the Minister before the\ncommencement; and\n(b) the Minister decides the application after the commencement.\n(2) The new legislation applies in relation to:\n(a) giving notice of the decision; and\n(b) a person's entitlement to apply for a review of the decision.\n41 Applications to former Tribunal\n(1) This regulation applies if, before the commencement:\n(a) a person had made an application to the former Tribunal; and\n(b) the former Tribunal had not decided the matter.\n(2) The former Tribunal must continue to deal with the matter in\naccordance with the former legislation.\n\nSchedule 1 Fees for geothermal authority applications\nGeothermal Energy Regulations 2009 19\nSchedule 1 Fees for geothermal authority applications\nregulation 6(1)\nGeothermal authority application Fee payable\n(revenue units)\nGrant of geothermal exploration permit under section 12\nor 13 of Act\n4 132\nRenewal of geothermal exploration permit under\nsection 18 of Act\n4 132\nGrant of geothermal retention licence under section 22 of\nAct\n8 264\nRenewal of geothermal retention licence under section 25\nof Act\n8 264\nGrant of geothermal production lease under section 32 of\nAct\n41 322\nVariation of condition of geothermal authority under\nsection 54 of Act\n165\n\nSchedule 2 Annual fees\nGeothermal Energy Regulations 2009 20\nSchedule 2 Annual fees\nregulation 8(2)\nGeothermal authority area Authority year Fee payable\nfor each block\n(revenue units)\nPermit area Year 1, 2, 3, 4 and 5 17\nYear 6, 7, 8, 9 and 10 33\nEach remaining year 66\nLicence area Each year 165\nLease area Each year 1 653\n\nSchedule 3 Fees for late lodgment of annual report\nGeothermal Energy Regulations 2009 21\nSchedule 3 Fees for late lodgment of annual report\nregulation 9(2)\nPeriod of late lodgment Fee payable\n(revenue units)\nLater than 28 days, but within 56 days, after the\nprescribed lodgment day\n83\nLater than 56 days, but within 84 days, after the\nprescribed lodgment day\n496\nLater than 84 days, but within 112 days, after the\nprescribed lodgment day\n909\nAny period after 112 days after the prescribed\nlodgment day\n909 plus 413 for\neach additional\nperiod, or part\nperiod, of 28 days\n\nSchedule 4 Fees in relation to register\nGeothermal Energy Regulations 2009 22\nSchedule 4 Fees in relation to register\nregulation 23\nApplication or document Fee payable\n(revenue units)\nInspect register under section 70(5) of Act 12\nCopy or summary of entry in register under\nsection 70(5) of Act\n4 for each page\nRegistration of transfer of geothermal authority\ninterest under section 72(1) of Act\n620\nRegistration of devolution of geothermal authority\ninterest under section 73(1) of Act\n207\nCertificate relating to information under section 76 of\nAct\n21\nCaveat under section 78(1) of Act 83\nContinuation of caveat under section 81(3) of Act 83\n\nSchedule 5 Infringement notice offences and prescribed amounts\nGeothermal Energy Regulations 2009 23\nSchedule 5 Infringement notice offences and prescribed\namounts\nregulation 32\nProvision Prescribed amount\nin penalty units\nGeothermal Energy Act 2009\nsection 122(4) 5\nGeothermal Energy Regulations 2009\nregulations 12 and 13(2) 2\n\nENDNOTES\nGeothermal Energy Regulations 2009 24\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nGeothermal Energy Regulations (SL No. 29, 2009)\nNotified 2 September 2009\nCommenced 1 December 2009 (r 2, s 2 Geothermal Energy Act 2009 and\nGaz S65, 25 November 2009)\nNorthern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction\nAmendments) (No. 2) Act 2014 (Act No. 35, 2014)\nAssent date 13 November 2014\nCommenced pts 4, 9, 10 and 19: 1 June 2015 (Gaz S53, 29 May 2015,\np 2); rem: 1 January 2015 (Gaz G51, 24 December 2014, p 7)\nGeothermal Energy Amendment Regulations 2020 (SL No. 19, 2020)\nNotified 1 July 2020\nCommenced 1 July 2020\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: rr 1, 3, 34 and 38 and Sch 5.\n4 LIST OF AMENDMENTS\nr 3 amd Act No. 35, 2014, s 43; No. 19, 2020, r 4\nr 6 amd No. 19, 2020, r 5\nr 8 amd No. 19, 2020, r 6\nr 9 amd No. 19, 2020, r 7\nr 23 sub No. 19, 2020, r 8\npt 5 hdg sub Act No. 35, 2014, s 44\npt 5\ndiv 1 hdg rep Act No. 35, 2014, s 44\n\nENDNOTES\nGeothermal Energy Regulations 2009 25\nrr 24 – 25 sub Act No. 35, 2014, s 44\npt 5\ndiv 2 hdg rep Act No. 35, 2014, s 44\nr 26 sub Act No. 35, 2014, s 44\nrr 27 – 30 rep Act No. 35, 2014, s 44\npt 5\ndiv 3 hdg rep Act No. 35, 2014, s 44\nr 31 rep Act No. 35, 2014, s 44\npt 6 hdg sub No. 19, 2020, r 9\nrr 32 – 37 sub No. 19, 2020, r 9\npt 7 hdg ins Act No. 35, 2014, s 45\nrr 38 – 41 ins Act No. 35, 2014, s 45\nsch 1 – 5 sub No. 19, 2020, r 10","sortOrder":0}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulations were originally made in 2009 but the 2020 reprint (Regs No. 19 of 2020) indicates amendments have been made over time. The core subject matter — geothermal energy regulation — appears consistent with the original intent, but the 2020 update suggests the scope or specific requirements have been revised to reflect developments in the industry or regulatory practice over the intervening 11 years."},"complexity_factors":["Technical subject matter (geothermal energy extraction and exploration) requires some specialist knowledge to fully understand","Regulations sit beneath a parent Act, so the full legal picture requires reading both documents together","The document provided contains very limited actual regulatory content — most complexity would be in the full text of the regulations themselves","Overlap between the 2009 original and 2020 reprint may create confusion about which provisions are new versus original","Administered by a specialist government department, meaning compliance may involve technical assessments and expert advice"],"plain_english_summary":"These regulations implement the Geothermal Energy Act in the Northern Territory, setting practical rules—applications, fees, reporting and technical standards—for exploring and extracting geothermal heat. They affect mining/energy companies, landowners and communities, and NT Department of Mining and Energy staff who administer licences. The reprinted rules, updated 1 July 2020, govern who can develop geothermal projects and how."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Regulations as reproduced reflect later amendments that changed administrative scope: conferral of review jurisdiction to the Northern Territory Civil and Administrative Tribunal (Act No. 35, 2014, reflected in rr 24–26 and Part 7) and later amendments updating fees and parts of Part 6 (Geothermal Energy Amendment Regulations 2020). Those amendments altered review pathways and updated prescribed fees and infringement provisions (see Endnotes and List of Amendments)."},"complexity_factors":["Multiple procedural timelines and notice periods (eg. specified times of at least 28 days for responses — rr 4(3), 5(3), 11(3))","Ministerial discretion at several decision points with mandatory notice and reviewable decision notices (rr 4, 5, 11, 16)","Tribunal review architecture where Tribunal makes recommendations but Minister retains final decision (r 26)","Layered fee architecture across application, annual, late‑lodgment and register fees with schedules and variable rates by authority type and year (rr 6, 8; Schedules 1–4)","Strict liability reporting and notification offences carrying monetary penalties (rr 12, 13(2); Sch 5)","Record‑keeping and custody obligations for drill cores, cuttings and samples with delivery and inspection rules (r 10)","Transfer, devolution and register entry rules with documentary and form requirements (rr 17–23)","Transitional provisions adjusting tribunal jurisdiction and application of former/new legislation (rr 38–41; Endnotes)"],"plain_english_summary":"These Regulations set the detailed procedures and administrative rules for geothermal exploration, retention and production authorities in the Northern Territory: how the Minister grants, renews, varies or cancels authorities; required application, annual and register fees; annual reporting, sample handling and notices; infringement notices; and rights of review. Applicants and authority‑holders pay the listed fees and late‑lodgment penalties (rr 6, 8, 9, Schedules 1–4), must notify operator/holder changes and deliver samples (rr 10–13), and may seek Tribunal review though the Minister makes the final decision after the Tribunal's recommendation (r 26)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulations appear to maintain their original scope as operational provisions supporting the Geothermal Energy Act 2009. While Part 7 was added later to handle the 2014 Tribunal transition, this is a standard administrative update rather than scope creep. The core content remains focused on geothermal authority administration, fees, and compliance as originally intended."},"complexity_factors":["Moderate cross-referencing to the parent Geothermal Energy Act 2009 (e.g., sections 12-76 referenced throughout)","Multiple defined terms in regulation 3 (11 definitions), though most are straightforward","Procedural complexity with time limits (28 days, 14 days) and conditional pathways for decision-making (e.g., regulations 4-5 with multiple sub-paths for acceptance, variation, or refusal)","Transitional provisions in Part 7 dealing with the 2014 Tribunal restructure, requiring understanding of 'former' vs 'new' legislative frameworks","Fee schedules with tiered structures (e.g., Schedule 2 with escalating fees by year for permits, and Schedule 3 with escalating late fees)","Strict liability offences (regulations 12 and 13) with specific fault elements noted"],"plain_english_summary":"**What this legislation does:**\n\nThese are the **Geothermal Energy Regulations 2009** (Northern Territory), which set out the detailed rules for how the *Geothermal Energy Act 2009* actually works in practice. Think of the Act as the framework and these Regulations as the instruction manual.\n\n**Who it affects:**\n\n*   **Companies or individuals** applying for or holding geothermal authorities (permits, licences, or leases) to explore for or produce geothermal energy in the NT.\n*   **The Minister** responsible for resources, who makes decisions about granting, renewing, varying, or cancelling these authorities.\n*   **The Civil and Administrative Tribunal**, which reviews certain decisions made by the Minister.\n\n**Key things the Regulations cover:**\n\n*   **Applications and fees:** How to apply for geothermal permits, licences and leases, what information must be provided, and how much it costs (including refund rules if applications are rejected).\n*   **Annual obligations:** Holders must pay annual fees for each \"block\" (a defined area of land) they hold, and submit annual reports within 28 days of each \"authority year\" (a 12-month period starting when the authority begins).\n*   **Operational requirements:** Rules about keeping drill samples (cores and cuttings), notifying the Minister of changes to operators or contact details, and preparing detailed \"geothermal operations plans\" that describe what work will be done, where, and how land will be rehabilitated afterwards.\n*   **Public register:** Maintains a public register showing who holds what geothermal authorities, where they are, and any transfers or changes.\n*   **Enforcement:** Sets up an infringement notice system (on-the-spot fines) for minor offences, such as failing to notify the Minister of a change in address or operator details.\n*   **Reviews and appeals:** Explains how decisions can be reviewed by the Tribunal, including transitional rules for when the Tribunal system changed in 2014.\n\n**Why it matters:**\n\nThese rules ensure that geothermal exploration and production in the Northern Territory happens in an orderly, transparent, and environmentally responsible way. They protect the government's interests (through fees and reporting), ensure companies clean up after themselves (through rehabilitation requirements), and give affected parties a right to challenge unfair decisions."}},"importantCases":[],"_links":{"self":"/api/acts/geothermal-energy-regulations-2009","history":"/api/acts/geothermal-energy-regulations-2009/history","analysis":"/api/acts/geothermal-energy-regulations-2009/analysis","conflicts":"/api/acts/geothermal-energy-regulations-2009/conflicts","importantCases":"/api/acts/geothermal-energy-regulations-2009/important-cases","documents":"/api/acts/geothermal-energy-regulations-2009/documents"}}