{"id":"sr:geothermal-energy-resources-regulations-2026","name":"Geothermal Energy Resources Regulations 2026","slug":"geothermal-energy-resources-regulations-2026","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":184033,"registerId":"vic-sr:geothermal-energy-resources-regulations-2026-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Geothermal Energy Resources Regulations 2026","content":"Version No. 001\n\n**Geothermal Energy Resources Regulations 2026**\n\n**S.R. No. 17/2026**\n\nVersion as at  \n21 March 2026\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\nPart 1—Preliminary 1\n\n1 Objectives 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Definitions 2\n\nPart 2—Exempt operations 6\n\n6 Exploration operations to which the Act does not apply 6\n\n7 Extraction operations to which the Act does not apply 6\n\nPart 3—Extraction licences 7\n\n8 Application for an extraction licence to contain certain information 7\n\nPart 4—Development plans 8\n\n9 Content of geothermal energy extraction development plans 8\n\n10 Additional information 9\n\nPart 5—Operation plan 10\n\nDivision 1—General 10\n\n11 Operation plan 10\n\nDivision 2—Environment management plan 11\n\n12 Description of the environment, etc. 11\n\n13 Identification and assessment of risks 12\n\n14 Performance objectives and standards 12\n\n15 Implementation strategy for the environment management plan 13\n\n16 Other information in the environment management plan 15\n\nDivision 3—Well operation management plan 16\n\n17 Well operation management plan 16\n\n18 Consent to conduct extraction test 18\n\n19 Consent to suspend or abandon a well 19\n\nPart 6—Reporting 20\n\n20 Samples 20\n\n21 Annual report 20\n\n22 Reports of surveys, drilling and other activities 21\n\n23 Incident reporting 23\n\nPart 7—Geothermal energy register 25\n\n24 Documents to be registered 25\n\nPart 8—Administrative matters and fees 26\n\n25 Dimensions, boundaries, position and extent of authority area 26\n\n26 Maximum permit area 26\n\n27 Form of work program 26\n\n28 Period before a disputed claim can go to the Tribunal or Supreme Court 26\n\n29 Manner and time of payment of royalty 26\n\n30 Fees for application for authorities 27\n\n31 Fee for renewal of exploration permit 27\n\n32 Annual fees 27\n\n33 Fees for application for approval of transfer of authority 28\n\n34 Processing fee for application for suspension or variation of conditions of an authority 28\n\n35 Processing fees for application to consolidate adjoining authorities 28\n\n36 Processing fees for application for acceptance of operation plans 29\n\n37 Fees for inspection of, or copy of document in, geothermal energy register 29\n\n38 Fee for Minister's certificate 29\n\n═════════════\n\nEndnotes 30\n\n1 General information 30\n\n2 Table of Amendments 32\n\n3 Explanatory details 33\n\n**Version No.** **001**\n\n**Geothermal Energy Resources Regulations 2026**\n\n**S.R. No. 17/2026**\n\nVersion as at  \n21 March 2026\n\nPart 1—Preliminary\n\n\t1 Objectives\n\nThe objectives of these Regulations are—\n\n(a) to provide for the elimination and minimisation, so far as is practicable, of risks to public safety, the environment, land, property or infrastructure involved in undertaking geothermal energy operations; and\n\n(b) to prescribe requirements for operation plans; and\n\n(c) to prescribe various administrative matters, fees and other requirements authorised by the Act.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 169 of the **Geothermal Energy Resources Act 2005**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 21 March 2026.\n\n\t4 Revocation\n\nThe Geothermal Energy Resources Regulations 2016[[1]](#endnote-1) are **revoked**.\n\n\t5 Definitions\n\nIn these Regulations—\n\n***ancillary equipment***, in relation to a well, includes—\n\n(a) equipment located downhole; and\n\n(b) a blow-out preventer; and\n\n(c) a well-head;\n\n***environment management plan*** means a plan prepared in accordance with Division 2 of Part 5 and set out in an operation plan under regulation 11;\n\n***environmental legislation*** means any of the following that relates to the protection of the environment––\n\n(a) an Act;\n\n(b) an Act of the Commonwealth;\n\n(c) any instrument made or issued under or for the purpose of an Act referred to in paragraph (a) or (b);\n\n**Example**\n\nA subordinate instrument such as a regulation is an instrument for the purposes of paragraph (c).\n\n***facility*** means a structure that—\n\n(a) is used or constructed for the purpose of extracting geothermal energy resources; or\n\n(b) carries, contains or includes equipment for the drilling, modification, maintenance or repair of a well or ancillary equipment;\n\n***Map Grid of Australia 1994 (MGA94)***  means the system of rectangular co-ordinates derived from a Universal Transverse Mercator projection of Geocentric Datum of Australia 1994 (GDA 94) latitudes and longitudes that are based on the datum (GDA) defined in the notice of the Intergovernmental Committee on Surveying and Mapping published in Commonwealth Government Gazette Number GN 35 of 6 September 1995 at page 3369;\n\n***performance objectives and standards***, in relation to an environment management plan, means the performance objectives defined, and the performance standards set, in the environment management plan in accordance with regulation 14;\n\n***practicable***, in relation to eliminating or minimising hazards and risks, means practicable having regard to—\n\n(a) the severity of the hazard or risk; and\n\n(b) the state of knowledge about that hazard or risk; and\n\n(c) the availability and suitability of ways to eliminate or minimise that hazard or risk; and\n\n(d) the cost of eliminating or minimising that hazard or risk;\n\n***recordable incident*** means an incident arising out of a geothermal energy operation (other than a reportable incident) that has an impact on the environment, public safety, land, property or infrastructure;\n\n***reportable incident*** means an incident arising out of a geothermal energy operation that—\n\n(a) causes, or could have caused, substantial damage to the environment, the integrity of the geothermal energy operation, the immediate area of the operation (whether above or below ground), public safety, land or property; or\n\n(b) is indicative of a possible future incident of the kind referred to in paragraph (a); or\n\n(c) occurs when an operation has not been carried out in accordance with the operation plan;\n\n***the Act***  means the **Geothermal Energy Resources Act 2005**;\n\n***well*** means a hole in the sub-soil made by drilling, boring or any other means in connection with a geothermal energy operation, but does not include a seismic shot hole;\n\n***well activity***, in relation to a well, means an activity carried out during the life of the well;\n\n***well integrity***, in relation to a well, means that any zone in the well bore—\n\n(a) is under control, in accordance with an accepted well operation management plan; and\n\n(b) is able to contain fluid; and\n\n(c) is not the subject of any unforeseen risk;\n\n***well integrity hazard*** means an event that—\n\n(a) has the potential to compromise the well integrity of a well; and\n\n(b) would involve—\n\n(i) a significant threat to the safety of individuals; or\n\n(ii) a risk of significant damage to the environment or to the geothermal energy resource.\n\nPart 2—Exempt operations\n\n\t6 Exploration operations to which the Act does not apply\n\nAn exploration permit is not required for an exploration operation the purpose of which is to locate a geothermal energy resource—\n\n(a) that has an in situ temperature of less than 70°C, when measured in a manner approved by the Secretary; or\n\n(b) that is less than one kilometre below the earth's surface.\n\n\t7 Extraction operations to which the Act does not apply\n\nAn extraction licence is not required for an extraction operation in which the geothermal energy resource—\n\n(a) has an in situ temperature of less than 70°C, when measured in a manner approved by the Secretary; or\n\n(b) is less than one kilometre below the earth's surface.\n\nPart 3—Extraction licences\n\n\t8 Application for an extraction licence to contain certain information\n\nFor the purposes of section 45(1)(h) of the Act, the following is prescribed information—\n\n(a) all information that is reasonably necessary to enable the Minister to assess whether a geothermal energy resource exists in the licence area and whether the exploitation of the resource is likely to be commercially feasible;\n\n(b) a map indicating the area of the resource and stating the likely area of the resource in square kilometres, together with all information that is reasonably necessary to enable the Minister to determine the appropriate area of the licence taking into account the requirements of the Act.\n\nPart 4—Development plans\n\n\t9 Content of geothermal energy extraction development plans\n\n(1) For the purposes of section 51(2) of the Act, a geothermal energy extraction development plan must contain—\n\n(a) a description of each stage of the geothermal energy operation, including equipment or facilities to be used; and\n\n(b) a description of the relevant existing geological and geothermal energy resource data that relates to the authority area and of the interpretations of that data; and\n\n(c) details of proposed further data acquisition and studies to enhance geological and geothermal energy resource understanding; and\n\n(d) a geothermal energy resource management plan that—\n\n(i) describes how the geothermal energy is to be extracted; and\n\n(ii) provides the reasons for adopting the proposed approach; and\n\n(iii) estimates the future performance of the geothermal energy resource; and\n\n(iv) specifies the proposed rate of recovery of geothermal energy.\n\n(2) The holder of an authority must ensure that the geothermal energy extraction development plan is reviewed within one year after the initial geothermal energy extraction (unless the Minister agrees to a longer period) and then at intervals not exceeding one year.\n\n\t10 Additional information\n\nIf the holder of an extraction licence submits a geothermal energy extraction development plan for approval by the Minister for the purposes of section 52 of the Act, the Minister, by written notice, may require the holder to provide any additional information that the Minister considers to be relevant to the approval of the plan.\n\nPart 5—Operation plan\n\nDivision 1—General\n\n\t11 Operation plan\n\n(1) An operation plan given to the Minister under section 96(1) of the Act—\n\n(a) must be appropriate for the nature and scale of the geothermal energy operation; and\n\n(b) must set out the following for the purposes of section 96(1)(d) of the Act—\n\n(i) a description of the geothermal energy operation and the equipment and facilities to be used in the operation;\n\n(ii) if a facility is proposed for a geothermal energy operation—\n\n(A) the proposed design, construction, installation and maintenance of the facility; and\n\n(B) if the facility is to be modified, details of the proposed modification; and\n\n(C) the proposals for the decommissioning of the facility;\n\n(iii) an environment management plan in accordance with Division 2;\n\n(iv) if the operation involves geothermal energy exploration, a statement of the activities referred to in section 5 of the Act that are proposed to be carried out;\n\n(v) if the operation involves the making of a well, a well operation management plan in accordance with Division 3;\n\n(vi) processes for review of the risks identified in the plan by the holder of the authority whenever there is a significant change in the risks that the geothermal energy operation may pose;\n\n(vii) processes for review of the plan by the holder of the authority at least once every 5 years;\n\n(viii) processes for the submission to the Minister of a report by the holder of the authority on the findings of each such review.\n\n(2) The details included in the operation plan under subregulation (1) must be sufficient to show whether the facility is adequate for the proposed geothermal energy operation.\n\n(3) If the holder of an authority gives the Minister an operation plan, the Minister may, by notice in writing, require the holder to provide any additional information that the Minister considers to be relevant to acceptance of the plan.\n\nDivision 2—Environment management plan\n\n\t12 Description of the environment, etc.\n\nAn environment management plan must—\n\n(a) describe the environment, including any relevant values and sensitivities; and\n\n(b) describe any relevant cultural, historical, aesthetic, social, recreational, ecological, biological, landscape and economic aspects of the environment that may be affected by the geothermal energy operation; and\n\n(c) identify any communities, land or property in the vicinity of the operation and any geothermal energy or geothermal energy resource that the operation might affect.\n\n\t13 Identification and assessment of risks\n\nAn environment management plan must—\n\n(a) identify and assess the risks to the environment, to any member of the public, to land or to property in the vicinity of the geothermal energy operation and to any geothermal energy or geothermal energy resource, that may arise directly or indirectly from the normal activities of the operation (including construction if applicable); and\n\n(b) identify and assess the risks to the environment, to any member of the public, to land or to property in the vicinity of the operation and to any geothermal energy or geothermal energy resource, that may arise directly or indirectly from activities of the operation that are not normal activities, or from incidents or events (whether planned or unplanned).\n\n\t14 Performance objectives and standards\n\nAn environment management plan must—\n\n(a) define performance objectives and set performance standards against which performance by the holder of the authority in protecting the environment, any member of the public, land or property in the vicinity of the geothermal energy operation and any relevant geothermal energy or geothermal energy resource, from the operation is to be measured; and\n\n(b) include measurement methods for determining whether the objectives and standards have been met.\n\n\t15 Implementation strategy for the environment management plan\n\nAn environment management plan must contain an implementation strategy that—\n\n(a) includes measures to ensure that the performance objectives and standards in the environment management plan are met; and\n\n(b) identifies the specific systems, practices and procedures to be used to ensure that any risks to the following arising from the geothermal energy operation are eliminated or minimised so far as is reasonably practicable––\n\n(i) the environment;\n\n(ii) any member of the public, land or property in the vicinity of the operation;\n\n(iii) any relevant geothermal energy or geothermal energy resource that the operation may affect; and\n\n(c) identifies the specific systems, practices and procedures to be used to ensure that the performance objectives and standards in the environment management plan are met; and\n\n(d) includes measures to ensure that each employee or contractor working in connection with the operation—\n\n(i) is aware of the employee's or contractor's responsibilities in relation to the environment, any member of the public, land or property in the vicinity of the operation; and\n\n(ii) is aware of the employee's or contractor's responsibilities in relation to any geothermal energy or geothermal energy resource that the operation might affect; and\n\n(iii) has the appropriate skills and training to be able to fulfil those responsibilities; and\n\n(e) provides for the monitoring and audit of the performance of the holder of the authority in relation to meeting the performance objectives and standards in the environment management plan; and\n\n(f) provides for review of the implementation strategy; and\n\n(g) provides for the maintenance of an accurate quantitative record of emissions and discharges into the air, onto the land surface environment or below the land surface environment that can be monitored and audited against the performance standards; and\n\n(h) includes arrangements for recording, monitoring and reporting information about the operation (including information required to be recorded under the Act, the regulations and any other environmental legislation applying to the activity) to enable the Minister to determine whether there is compliance with the environment management plan; and\n\n(i) includes procedures to ensure that details of all reportable incidents and recordable incidents are recorded and kept so that they may be made available to an inspector exercising a power under the Act; and\n\n(j) provides for appropriate consultation, ongoing for the duration of the operation, about the holder of the authority's performance with—\n\n(i) relevant agencies of the Commonwealth and the State; and\n\n(ii) other relevant interested people and organisations; and\n\n(k) provides for the maintenance of an up‑to‑date emergency response manual that includes detailed response arrangements for—\n\n(i) dealing with any threat to the environment, to any member of the public, to land or to property in the vicinity of the operation and to any geothermal energy or geothermal energy resource that the operation might affect; and\n\n(ii) ensuring that the threat does not harm anything or any person referred to in subparagraph (i).\n\n\t16 Other information in the environment management plan\n\nThe environment management plan must contain the following—\n\n(a) a statement of the corporate environmental policy of the holder of the authority;\n\n(b) a report on any consultations between the holder of the authority and relevant agencies, interested people and organisations in the course of developing the environment management plan;\n\n(c) a list of all environmental legislation that may apply to the geothermal energy operation.\n\nDivision 3—Well operation management plan\n\n\t17 Well operation management plan\n\n(1) The well operation management plan set out in an operation plan by the holder of an authority must—\n\n(a) be appropriate for the nature and scale of the well activity in the geothermal energy operation; and\n\n(b) include details of the design of the well and ancillary equipment, including details of how the well will protect the geothermal energy resource; and\n\n(c) include details of—\n\n(i) the proposed geothermal energy operation, including proposed drilling; and\n\n(ii) the process by which the well is to be brought to the stage where a connection can be made with a geothermal energy resource so that fluids can be produced from, or injected into, the resource; and\n\n(iii) how modifications,  maintenance and repairs to the well and ancillary equipment are to be managed; and\n\n(iv) how suspension and abandonment of the well are to be managed; and\n\n(v) the equipment and facilities to be used in connection with the well and ancillary equipment; and\n\n(d) identify the risks associated with the well activity and state how the holder of the authority proposes to eliminate or minimise those risks.\n\n(2) The well operation management plan must include the following material unless the Minister has given the holder of the authority written permission not to include material specified in the permission—\n\n(a) information about the conduct of the well activity;\n\n(b) an explanation of—\n\n(i) the philosophy of, and criteria for, the design, construction, operational activity and management of the well and ancillary equipment; and\n\n(ii) the possible geothermal energy resources extraction activities of the well, showing how the well activity, and all associated operational work, is to be carried out;\n\n(c) details of—\n\n(i) the logs to be run; and\n\n(ii) the proposals for testing of the well and ancillary equipment; and\n\n(iii) proposed sampling and testing for geothermal energy;\n\n(d) performance objectives against which the performance of the well activity is to be measured;\n\n(e) measurement criteria that define the performance objectives in paragraph (d);\n\n(f) an explanation of how the holder of the authority proposes to deal with—\n\n(i) a well integrity hazard; and\n\n(ii) a significant increase in an existing risk or a well integrity hazard in relation to the well, including the possibility of continuing an activity for the purpose of dealing with the well integrity hazard or the risk; and\n\n(iii) the protection of aquifers and hydrocarbon‑bearing formations, including the steps to be undertaken during the drilling and continuing operation and decommissioning of a well to prevent communication between, leakage from or the pollution of aquifers or hydrocarbon‑bearing formations.\n\n\t18 Consent to conduct extraction test\n\n(1) On the application of the holder of an authority, the Minister may grant written consent to conduct a geothermal energy extraction test in a well that has not been opened to extraction if the Minister is satisfied that it is appropriate to do so.\n\n(2) An application under subregulation (1) must provide details of the proposed testing program and the equipment to be used.\n\n(3) The Minister may impose conditions on a consent granted under subregulation (1).\n\n(4) The holder of an authority must not conduct a geothermal energy extraction test in a well that has not been opened to extraction except in accordance with a consent granted under subregulation (1).\n\nPenalty: 20 penalty units.\n\n\t19 Consent to suspend or abandon a well\n\n(1) On the application of the holder of an authority, the Minister may grant written consent to suspend or abandon a well if the Minister is satisfied that it is appropriate to do so.\n\n(2) An application under subregulation (1) must include––\n\n(a) the name and exact location of the well; and\n\n(b) the reasons for the proposed suspension or abandonment; and\n\n(c) the details of the proposed suspension or abandonment program, including the method by which the well is to be made safe.\n\n(3) The Minister may impose conditions on a consent granted under subregulation (1).\n\n(4) The holder of an authority must ensure that a well is not suspended except in accordance with a consent granted under subregulation (1).\n\nPenalty: 20 penalty units.\n\n(5) The holder of an authority must ensure that a well is not abandoned except in accordance with a consent granted under subregulation (1).\n\nPenalty: 20 penalty units.\n\nPart 6—Reporting\n\n\t20 Samples\n\n(1) The holder of an authority must ensure that any samples collected in connection with the drilling of a well are processed and stored in accordance with good industry practice.\n\nPenalty: 20  penalty units.\n\n(2) For the purposes of section 113(c) of the Act, the holder of an authority must ensure that any samples collected in connection with the drilling of a well, if requested by the Minister, are given to the Minister in accordance with the request.\n\n**Note**\n\nSection 113(c) of the Act provides a penalty of 60 penalty units for failing to give the Minister samples when required to do so by the regulations.\n\n\t21 Annual report\n\n(1) For the purposes of section 113(c) of the Act, the holder of an authority must give the Minister a report, in respect of each financial year, of the following—\n\n(a) the geothermal energy operation activities undertaken under the authority during that year (if any);\n\n(b) conclusions derived from those activities;\n\n(c) reports and studies relating to those activities.\n\n(2) A report under subregulation (1) must include the following—\n\n(a) details of the expenditure by the holder of the authority on each activity undertaken during the year;\n\n(b) if the authority is an extraction licence, the quantities of geothermal energy extracted under the licence;\n\n(c) the date the report was completed;\n\n(d) the name of the person who prepared the report.\n\n(3) The holder of an authority must give the report under subregulation (1) to the Minister—\n\n(a) within 28 days after the end of the financial year to which it relates; or\n\n(b) if the authority ceases to have effect during a financial year, within 28 days after the authority ceases to have effect.\n\n(4) The Minister, on a request from the holder of an authority, may extend the period for the submission of a report.\n\n(5) If the Minister extends the submission period under subregulation (4), the holder of an authority must give the report to the Minister within the extended period.\n\n(6) For the purposes of this regulation, a holder of an authority includes a person who was the holder of an authority in the financial year to which the report relates.\n\n**Note**\n\nSection 113(c) of the Act provides a penalty of 60 penalty units for failing to give the Minister information or records when required to do so by the regulations.\n\n\t22 Reports of surveys, drilling and other activities\n\n(1) For the purposes of section 113(c) of the Act, the holder of an authority must give to the Minister, in an electronic form which accords with industry standards—\n\n(a) a report (including interpreted data), in respect of each financial year, of the following matters—\n\n(i) surveys taken;\n\n(ii) drilling activities, together with logs (including temperature logs) and maps showing the locations of the drill holes;\n\n(iii) seismic activities;\n\n(iv) samples of any material tested, together with test results;\n\n(v) any geothermal energy resources, identified, if possible, in an industry standard manner;\n\n(vi) each geophysical, geochemical, geotechnical or seismic survey carried out by the holder; and\n\n(b) copies of field, positional and processed or reprocessed data (including interpreted data) in respect of each financial year.\n\n(2) A report under subregulation (1) must be dated and include the name of the person who prepared the report.\n\n(3) The holder of an authority must give the report and data under subregulation (1) to the Minister—\n\n(a) within 28 days after the end of the financial year to which the report and data relate; or\n\n(b) if the authority ceases to have effect during a financial year, within 28 days after the authority ceases to have effect.\n\n(4) The Minister, on a request from the holder of an authority, may extend the period for the submission of a report or data.\n\n(5) If the Minister extends the submission period under subregulation (4), the holder of an authority must give the report or data to the Minister within the extended period.\n\n(6) For the purposes of this regulation, a holder of an authority includes a person who was the holder of an authority in the financial year to which the report or data relates.\n\n**Note**\n\nSection 113(c) of the Act provides a penalty of 60 penalty units for failing to give the Minister information or records when required to do so by the regulations.\n\n\t23 Incident reporting\n\n(1) The holder of an authority must give to the Minister notice of a reportable incident in accordance with subregulation (2)—\n\n(a) as soon as is practicable after the reportable incident occurs; or\n\n(b) if the holder of the authority is not aware of the reportable incident at the time it occurs, as soon as practicable after the holder becomes aware that the reportable incident occurred.\n\nPenalty: 20 penalty units.\n\n(2) Notice under subregulation (1) must—\n\n(a) include the date, time and place of the reportable incident; and\n\n(b) describe the steps taken to minimise the impact of the reportable incident.\n\n(3) Notice under subregulation (1) may be given orally or in writing.\n\n(4) As soon as practicable after the holder of an authority gives notice to the Minister under subregulation (1), the holder must give the Minister a written report that includes—\n\n(a) the date, time and place of the reportable incident; and\n\n(b) a description of the reportable incident; and\n\n(c) any known or suspected causes of the reportable incident; and\n\n(d) a description of the steps taken or proposed to be taken to minimise the impact of the reportable incident; and\n\n(e) a description of the steps taken or proposed to be taken to prevent a recurrence of the reportable incident.\n\nPenalty: 20 penalty units.\n\nPart 7—Geothermal energy register\n\n\t24 Documents to be registered\n\nIn addition to the items listed in section 153 of the Act, the Minister must register the following documents in the geothermal energy register—\n\n(a) consolidations of adjoining authorities;\n\n(b) instruments approving the transfer of an authority;\n\n(c) instruments approving the partial transfer of an area in an exploration permit or extraction licence;\n\n(d) instruments requiring persons to enter unit development agreements;\n\n(e) instruments suspending conditions imposed on authorities.\n\nPart 8—Administrative matters and fees\n\n\t25 Dimensions, boundaries, position and extent of authority area\n\nThe Minister may determine the dimensions, boundaries, form, position and extent of an authority area by means of 10 kilometre interval grid co-ordinates on the Map Grid of Australia 1994 (MGA94).\n\n\t26 Maximum permit area\n\nFor the purposes of section 24(a)(i) of the Act, the prescribed number of square kilometres is 10 000  square kilometres.\n\n\t27 Form of work program\n\nFor the purposes of section 61(d) of the Act, a work program must be—\n\n(a) in an electronic form approved by the Minister; or\n\n(b) in writing.\n\n\t28 Period before a disputed claim can go to the Tribunal or Supreme Court\n\nFor the purposes of section 94(2) of the Act, the specified period of time is 30  days.\n\n\t29 Manner and time of payment of royalty\n\nFor the purposes of section 105(2) of the Act, the specified time and manner for payment of royalties is payment in respect of the geothermal energy extracted in each financial year within 28 days after the end of the financial year to which the payment relates.\n\n\t30 Fees for application for authorities\n\nThe following fees are payable for applications for an authority—\n\n(a) in the case of an application for an exploration permit, 375 fee units;\n\n(b) in the case of an application for a retention lease, 565 fee units;\n\n(c) in the case of an application for an extraction licence, 565 fee units;\n\n(d) in the case of an application for a special access authorisation, 165 fee units;\n\n(e) in the case of an application for a special drilling authorisation, 165 fee units.\n\n\t31 Fee for renewal of exploration permit\n\nFor the purposes of section 28(1)(b) of the Act, the renewal fee is 170 fee units.\n\n\t32 Annual fees\n\n(1) The following annual fees are payable—\n\n(a) in the case of an exploration permit, 125 fee units;\n\n(b) in the case of a retention lease, 125 fee units;\n\n(c) in the case of an extraction licence, 410 fee units;\n\n(d) in the case of a special access authorisation, 125 fee units;\n\n(e) in the case of a special drilling authorisation, 125 fee units.\n\n(2) The annual fee payable in respect of the first year after the registration of an authority must be paid no later than 7 days after the authority is registered.\n\n(3) The annual fee payable in respect of the second or subsequent year after the registration of an authority must be paid before the first anniversary of the registration of the authority.\n\n\t33 Fees for application for approval of transfer of authority\n\nThe following fees are payable for applications for approval of a transfer—\n\n(a) in the case of a transfer, or partial transfer, of an exploration permit, 115 fee units;\n\n(b) in the case of a transfer of a retention lease, 115 fee units;\n\n(c) in the case of a transfer, or partial transfer, of an extraction licence, 115 fee units;\n\n(d) in the case of a transfer of a special access authorisation, 115 fee units;\n\n(e) in the case of a transfer of a special drilling authorisation, 115 fee units.\n\n\t34 Processing fee for application for suspension or variation of conditions of an authority\n\nThe fee payable for processing an application for the suspension or variation of a condition of an authority is 115 fee units.\n\n\t35 Processing fees for application to consolidate adjoining authorities\n\nThe following fees are payable for the processing of applications to consolidate adjoining authorities—\n\n(a) in the case of an application to consolidate adjoining exploration permits, 115 fee units;\n\n(b) in the case of an application to consolidate adjoining retention leases, 115 fee units;\n\n(c) in the case of an application to consolidate adjoining extraction licences, 115 fee units;\n\n(d) in the case of an application to consolidate adjoining special access authorisations, 115 fee units;\n\n(e) in the case of an application to consolidate adjoining special drilling authorisations, 115 fee units.\n\n\t36 Processing fees for application for acceptance of operation plans\n\nThe following fees are payable for the processing of an application for the acceptance of an operation plan by the Minister—\n\n(a) in the case of an application for the acceptance of an operation plan that includes proposed drilling activities, 960 fee units;\n\n(b) in the case of an application for the acceptance of an operation plan that does not include proposed drilling activities, 390 fee units.\n\n\t37 Fees for inspection of, or copy of document in, geothermal energy register\n\nFor the purposes of section 158(1) and (2) of the Act, the following fees are payable—\n\n(a) for inspection of the geothermal energy register, 2 fee units;\n\n(b) for each page of a copy of a document or entry in the geothermal energy register, $4.00.\n\n\t38 Fee for Minister's certificate\n\nFor the purposes of section 159(2) of the Act, the fee payable for a certificate is 5 fee units.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Geothermal Energy Resources Regulations 2026, S.R. No. 17/2026 were made on 17 March 2026 by the Governor in Council under section 169 of the **Geothermal Energy Resources Act 2005**, No. 7/2005 and came into operation on 21 March 2026: regulation 3.\n\nThe Geothermal Energy Resources Regulations 2026 will sunset 10 years after the day of making on 17 March 2036 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Geothermal Energy Resources Regulations 2026 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\n1. Reg. 4: S.R. No. 15/2016.\n\n  ——\n\n  **Fee Units**\n\n  These Regulations provide for fees by reference to fee units within the meaning of the **Monetary Units Act 2004**. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.\n\n  The value of a fee unit for the financial year commencing 1 July 2025 is $16.81. The amount of the calculated fee may be rounded to the nearest 10 cents.\n\n  The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.\n\n  **Penalty Units**\n\n  These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the **Sentencing Act 1991**. The amount of the penalty is to be calculated, in accordance with section 7 of the **Monetary Units Act 2004**, by multiplying the number of penalty units applicable by the value of a penalty unit.\n\n  The value of a penalty unit for the financial year commencing 1 July 2025 is $203.51. The amount of the calculated penalty may be rounded to the nearest dollar.\n\n  The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.\n\n  ——\n\n  **Table of Applied, Adopted or Incorporated Matter**\n\n  The following table of applied, adopted or incorporated matter was included in S.R. No. 17/2026 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2024.\n\n    | **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n    | --- | --- | --- |\n    | Regulation 5 (definition of ***Map Grid of Australia 1994 (MGA94)***) | Geocentric Datum of Australia defined in the notice of the Intergovernmental Committee on Surveying and Mapping and published in Commonwealth Government Gazette Number GN 35 of 6 September 1995 (page 3369) | The whole |\n\n   [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content is present to determine whether the scope of this instrument changed from its original intent. The document contains only version history metadata and no substantive provisions. A meaningful scope assessment requires the full text of the regulations."},"complexity_factors":["Virtually no substantive content is present in the provided document — only structural metadata and version history formatting","Cannot assess true complexity without the actual regulatory provisions","Geothermal energy regulation as a field is inherently technical and would typically score much higher (7-9) given interactions with land tenure, environmental law, and energy licensing frameworks","Score of 2 reflects only what can be assessed from the document as provided"],"plain_english_summary":"This instrument purports to regulate geothermal energy resources but the provided file contains only a template/metadata shell and no substantive provisions. From the title, it would likely affect developers, landowners, regulators and investors involved in geothermal projects; its real-world impact — licensing, environmental safeguards, and financial obligations — cannot be assessed until the full text is available."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"This appears to be a straightforward re-enactment/update of the 2016 regulations (which are explicitly revoked in regulation 4). The scope remains consistent with the original intent: operationalising the Geothermal Energy Resources Act 2005 through detailed administrative, safety, and environmental requirements. The structure and content align with typical resource sector subordinate legislation, covering licensing, operational plans, reporting, and fees without significant expansion beyond the Act's framework."},"complexity_factors":["38 regulations across 8 Parts with multiple Divisions, creating a moderately layered structure","14 defined terms in regulation 5, including technical definitions like 'well integrity hazard' and 'Map Grid of Australia 1994'","Extensive cross-referencing to the parent Geothermal Energy Resources Act 2005 (at least 15 explicit references)","Nested conditional requirements in Part 5 (Operation plans), particularly Division 2 (Environment management plans) with 11 specific sub-requirements in regulation 15","Dual penalty structures: some penalties specified directly in regulations (20 penalty units), others referenced back to the Act (60 penalty units)","Incorporation of external technical standards (Map Grid of Australia 1994) and dynamic fee/penalty unit calculations requiring reference to the Monetary Units Act 2004","Multiple application requirements with varying fee schedules (regulations 30-38) creating conditional fee structures"],"plain_english_summary":"These regulations set the rules for exploring and extracting geothermal energy (heat from underground) in Victoria. They replace the 2016 regulations and aim to keep people safe and protect the environment while allowing companies to develop geothermal resources.\n\n**Key things the regulations do:**\n\n*   **Safety and environment first:** Companies must create detailed plans showing how they'll manage risks to public safety, land, water, and the environment before they start drilling or operating.\n*   **Licences and permits:** They spell out what information companies need to provide when applying for licences to explore or extract geothermal energy, and set fees for these applications.\n*   **Exemptions:** Small-scale operations don't need a licence—specifically, if the underground heat is cooler than 70°C or less than 1 kilometre deep.\n*   **Detailed operational plans:** Companies must submit 'operation plans' that include:\n    *   **Environment management plans:** Describing the local environment, identifying risks, setting performance standards, and explaining how they'll monitor and report on environmental protection.\n    *   **Well operation management plans:** Technical details about drilling, well design, safety equipment, and how to handle emergencies or abandon wells safely.\n*   **Reporting requirements:** Companies must submit annual reports, notify the government of any serious incidents immediately, and provide geological data and samples.\n*   **Fees:** The regulations list various fees for applications, renewals, transfers, and inspections, calculated using 'fee units' (a dollar amount set by the Treasurer, currently $16.81 per unit).\n\n**Who it affects:** Companies wanting to explore or extract geothermal energy in Victoria, landowners near these operations, and government agencies overseeing the industry.\n\n**Why it matters:** Geothermal energy is a renewable energy source. These regulations ensure it's developed safely without damaging the environment, while providing a clear framework for companies to follow."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Regulations revoke the Geothermal Energy Resources Regulations 2016 (reg 4) and replace them with a set of explicit scope rules and administrative detail: they introduce specific exemptions for resources below 70°C or shallower than 1 km (regs 6–7), prescribe detailed content for development and operation plans, reporting and incident notification (regs 9–23), expand registerable instruments (reg 24), and establish a new fee and processing schedule (regs 30–38). The Minister and Secretary are given clear powers to request information and grant or condition consents (regs 10, 11(3), 18(1), 19(1)), changing the instrument-level coverage and administrative burden relative to the prior instrument."},"complexity_factors":["Detailed technical plan requirements for development and operations, including environment management and well operation management plans (regs 9–17).","Ministerial and Secretary discretion to require additional information and to impose conditions on approvals (regs 10, 11(3), 18(3), 19(3)).","Multiple operational reporting and record-keeping obligations with specific timeframes and statutory penalties (regs 20–23; penalties at regs 20(1), 23(1), 23(4)).","Exemptions defined by measurable technical thresholds that require measurement methods approved by the Secretary (regs 6–7; definition references in reg 5).","Comprehensive fee and processing schedules tied to fee units and subject to annual valuation (regs 30–38; Fee Units endnote).","Cross-references to the Act and other environmental legislation, increasing interpretive linkages (regs 2, 5; numerous references throughout Parts 3–8).","Specific spatial and temporal specifications (authority area grid co‑ordinates, maximum permit area, reporting deadlines) that affect permit design and operations (regs 25–29, 32).","Penalties expressed in penalty units and linked to the Sentencing/Monetary Units Acts, creating variable monetary exposure (endnote on Penalty Units; regs 20(1), 23)."],"plain_english_summary":"These Regulations replace the 2016 rules and set technical, environmental and administrative requirements for geothermal exploration and extraction. They exempt resources under 70°C or shallower than 1 km (regs 4, 6–7), require development and operation plans including environment and well‑management plans (regs 9–17), and set reporting, registration, fees and penalties (regs 20–24, 30–38).\n\nThey affect applicants and holders of permits and licences: the Minister approves plans, may require extra information and impose conditions, and operators must meet specified monitoring, reporting and safety obligations that create compliance costs and enforceable penalties."}},"importantCases":[],"_links":{"self":"/api/acts/geothermal-energy-resources-regulations-2026","history":"/api/acts/geothermal-energy-resources-regulations-2026/history","analysis":"/api/acts/geothermal-energy-resources-regulations-2026/analysis","conflicts":"/api/acts/geothermal-energy-resources-regulations-2026/conflicts","importantCases":"/api/acts/geothermal-energy-resources-regulations-2026/important-cases","documents":"/api/acts/geothermal-energy-resources-regulations-2026/documents"}}