NORTHERN TERRITORY OF AUSTRALIA
GEOTHERMAL ENERGY REGULATIONS 2009
As in force at 1 July 2020
Table of provisions
Part 1 Preliminary matters
1 Citation ............................................................................................ 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
Part 2 Geothermal authorities
Division 1 Geothermal authority applications
4 Procedure for granting or renewing permit ...................................... 2
5 Procedure for deciding other geothermal authority applications ...... 4
6 Fees for geothermal authority applications ...................................... 5
Division 2 Conditions of geothermal authorities
7 Authority year .................................................................................. 5
8 Annual fee for authority year............................................................ 5
9 Lodgment of annual report............................................................... 6
10 Drill cores, cuttings and other samples ............................................ 6
Division 3 Cancellations of geothermal authorities or
part of geothermal authorities areas
11 Procedure for cancellation ............................................................... 7
Division 4 Miscellaneous matters
12 Notice of change relating to geothermal authority holder ................ 8
Part 3 Technical work programs and geothermal
operations plans
Division 1 Technical work programs
13 Notice of change relating to operator............................................... 9
Division 2 Geothermal operations plans
14 Information to be included in geothermal operations plan ............... 9
15 Information required before expiry of permit or licence .................. 10
Geothermal Energy Regulations 2009 ii
16 Refusal to approve geothermal operations plan or variation ......... 10
Part 4 Geothermal authorities register
17 Information relating to application for grant of permit or lease ....... 11
18 Information relating to geothermal authority .................................. 11
19 Information relating to transfer of geothermal authority interest..... 12
20 Entry of additional information ....................................................... 13
21 Form of application for registration of transfer or devolution .......... 13
22 Refusal of applications relating to register ..................................... 13
23 Fees payable in relation to register................................................ 13
Part 5 Tribunal
24 Jurisdiction..................................................................................... 13
25 Reviewable decision ...................................................................... 13
26 Recommendation of Tribunal and subsequent decision ................ 14
Part 6 Infringement notice offences
32 Infringement notice offence and prescribed amount payable ........ 14
33 When infringement notice may be given ........................................ 14
34 Contents of infringement notice ..................................................... 15
35 Electronic payment and payment by cheque ................................. 15
36 Withdrawal of infringement notice.................................................. 16
37 Application of Part ......................................................................... 16
Part 7 Transitional matters for Northern Territory
Civil and Administrative Tribunal
(Conferral of Jurisdiction Amendments)
(No. 2) Act 2014
38 Definitions ...................................................................................... 16
39 Review of Minister's decision notified before commencement ....... 17
40 Minister's decision made after commencement ............................. 18
41 Applications to former Tribunal ...................................................... 18
Schedule 1 Fees for geothermal authority applications
Schedule 2 Annual fees
Schedule 3 Fees for late lodgment of annual report
Schedule 4 Fees in relation to register
Schedule 5 Infringement notice offences and
prescribed amounts
ENDNOTES
Section 1 - GEOTHERMAL ENERGY REGULATIONS 2009 - GEOTHERMAL ENERGY REGULATIONS 2009 | Zoe
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 July 2020
GEOTHERMAL ENERGY REGULATIONS 2009
Regulations under the Geothermal Energy Act 2009
Part 1 Preliminary matters
1 Citation
These Regulations may be cited as the Geothermal Energy
Regulations 2009.
2 Commencement
These Regulations commence on the commencement of the
Geothermal Energy Act 2009.
3 Definitions
In these Regulations:
annual fee means the fee prescribed by regulation 8.
annual report means a report mentioned in section 52(1) of the
Act.
authority year, see regulation 7.
expiry date means the date on which a geothermal exploration
permit or geothermal retention licence ceases to be in force
because of the expiry of the period specified in it.
extended time, in relation to a time allowed for taking an action as
specified in a notice given under Part 2 or 3 of these Regulations,
means the time as extended under section 38(2) of the Act.
infringement notice, see regulation 33.
infringement notice offence, see regulation 32(1).
prescribed amount, see regulation 32(2).
Part 2 Geothermal authorities
Division 1 Geothermal authority applications
Geothermal Energy Regulations 2009 2
prescribed lodgment day, for an annual report, see
regulation 9(4).
reviewable decision, see regulation 25(1).
reviewable decision notice means a notice given under
section 34 of the Northern Territory Civil and Administrative
Tribunal Act 2014.
Tribunal means the Civil and Administrative Tribunal.
Part 2 Geothermal authorities
Division 1 Geothermal authority applications
4 Procedure for granting or renewing permit
(1) This regulation applies if, after considering an application for the
grant or renewal of a geothermal exploration permit, the Minister:
(a) decides, under section 17(2)(a) or (b) of the Act, to grant a
permit over all or some of the blocks comprising the
application area; or
(b) decides, under section 19(1)(a) or (b) of the Act, to renew the
permit over all or some of the blocks comprising the
application area.
(2) The Minister must give the applicant a notice of the decision stating
the following:
(a) the blocks for which the Minister intends to grant or renew the
permit and, if applicable, the reason why the Minister does not
intend to grant or renew the permit for all the blocks
comprising the application area;
(b) the conditions the Minister intends to include in the permit;
(c) that the applicant may accept the decision by giving the
Minister a written notice of acceptance within the time
specified in the notice (the specified time), in which case the
Minister will grant or renew the permit on receipt of the notice;
Part 2 Geothermal authorities
Division 1 Geothermal authority applications
Geothermal Energy Regulations 2009 3
(d) that the applicant may, within the specified time, give the
Minister a written notice requesting the Minister to vary the
decision in 1 or both of the following ways:
(i) if the Minister intends to grant or renew the permit over
some of the blocks comprising the application area – by
varying the blocks that will comprise the permit area in
the way specified in the request;
(ii) by varying the conditions in the way specified in the
request;
(e) that if the applicant requests a variation under paragraph (d):
(i) the notice must give reasons for the request; and
(ii) the procedures under subregulation (4) will apply.
(3) The specified time must be at least 28 days after the date on which
the applicant is given the notice.
(4) If the applicant gives the Minister a notice under
subregulation (2)(d) within the specified time or an extended time,
the Minister must:
(a) vary the decision notified under subregulation (2) (the original
decision) in the way requested by the applicant and grant or
renew the permit in accordance with the variation; or
(b) vary the original decision in another way, grant or renew the
permit in accordance with the variation, and give the applicant
a reviewable decision notice relating to the variation; or
(c) refuse to vary the original decision, grant or renew the permit
in accordance with the original decision, and give the applicant
a reviewable decision notice relating to the refusal to vary the
original decision.
(5) If the applicant does not give the Minister a notice under
subregulation (2)(c) or (d) within the specified time or an extended
time, the Minister must:
(a) grant or renew the permit as notified in the original decision;
and
(b) if the Minister has granted or renewed the permit over some of
the blocks comprising the application area or included
conditions in the permit – give the applicant a reviewable
decision notice relating to the blocks or conditions (or both)
stated in the original decision.
Part 2 Geothermal authorities
Division 1 Geothermal authority applications
Geothermal Energy Regulations 2009 4
5 Procedure for deciding other geothermal authority
applications
(1) This regulation applies if the Minister:
(a) decides, under section 17(2)(c) or 19(1)(c) of the Act, to refuse
to grant or renew a geothermal exploration permit; or
(b) decides, under section 23 or 26 of the Act, that he or she is
not satisfied as mentioned in the section and refuses to grant
or renew a geothermal retention licence; or
(c) decides, under section 32(2) of the Act, not to grant a
geothermal production lease; or
(d) decides, under section 54(4)(b) of the Act, to vary the
conditions of a geothermal authority by taking a different
action from the action requested by the applicant; or
(e) decides, under section 54(4)(c) of the Act, to refuse to vary the
conditions of a geothermal authority; or
(f) decides, under section 57(2) of the Act, to refuse to accept the
surrender of a geothermal authority or part of a geothermal
authority area.
(2) The Minister must give the applicant a notice of the decision stating:
(a) the reasons for the decision; and
(b) that the applicant may, within the time specified in the notice
(the specified time), give the Minister a written submission
about matters the applicant wishes the Minister to reconsider.
(3) The specified time must be at least 28 days after the date on which
the applicant is given the notice.
(4) If the applicant gives the Minister a submission within the specified
time or an extended time, the Minister may:
(a) reverse or vary the decision (as applicable); or
(b) make the decision as notified and give the applicant a
reviewable decision notice.
(5) If the applicant does not give the Minister a submission within the
specified time or an extended time, the Minister must make the
decision as notified and give the applicant a reviewable decision
notice.
Part 2 Geothermal authorities
Division 2 Conditions of geothermal authorities
Geothermal Energy Regulations 2009 5
(6) In this regulation:
applicant means the person who applied for the grant, renewal,
variation or surrender to which the Minister's decision relates.
6 Fees for geothermal authority applications
(1) Schedule 1 prescribes the fees payable for the geothermal
applications specified in it.
(2) A fee paid for an application to which section 14(1) of the Act
applies is refundable if the Minister decides under section 14(2) of
the Act that the application does not have the greatest merit to be
given consideration for the grant of a permit.
(3) A fee paid for an application for the grant, renewal or variation of
conditions of a geothermal authority is not refundable if the Minister
refuses to grant, renew, or vary the conditions of, the geothermal
authority.
Division 2 Conditions of geothermal authorities
7 Authority year
An authority year, for a geothermal authority, is:
(a) the 12 months immediately following the date on which the
authority comes into force; and
(b) each subsequent 12 months of the term of the authority.
8 Annual fee for authority year
(1) A geothermal authority holder must pay an annual fee in relation to
the geothermal authority before the beginning of each authority
year.
(2) Schedule 2 prescribes the annual fee payable for each block in a
geothermal authority area for an authority year.
(3) If, after the beginning of an authority year, a geothermal authority
holder applies to the Minister to accept the surrender of all or part of
the geothermal authority area, the Minister need not accept the
surrender until the annual fee has been paid:
(a) for each block in the whole geothermal authority area
(including the blocks to be surrendered); and
(b) for the entire 12 month period of the authority year.
Part 2 Geothermal authorities
Division 2 Conditions of geothermal authorities
Geothermal Energy Regulations 2009 6
(4) A geothermal authority holder is not entitled to a refund of any part
of an annual fee paid before the beginning of an authority year if,
during the authority year:
(a) part of the geothermal authority area is excised under
section 24 or 33 of the Act; or
(b) the surrender of the geothermal authority or part of the
geothermal authority area takes effect; or
(c) the cancellation of all or part of the geothermal authority takes
effect.
9 Lodgment of annual report
(1) An annual report for a geothermal authority must be:
(a) in writing and accompanied by the relevant approved form;
and
(b) lodged with the Agency no later than the prescribed lodgment
day.
(2) Schedule 3 prescribes the fee payable for the late lodgment of an
annual report within a specified period.
(3) The Minister may waive a fee prescribed by subregulation (2) only if
satisfied the holder of the geothermal authority for which the annual
report is lodged has a reasonable excuse for the late lodgment.
(4) In this regulation:
prescribed lodgment day, for an annual report, means 28 days
after the end of the authority year for the geothermal authority to
which the annual report relates.
10 Drill cores, cuttings and other samples
(1) A notice of recovery of a sample under section 53 of the Act must
be in the approved form.
(2) The sample must be kept by the geothermal authority holder in a
way that will protect the sample from damage and deterioration
until:
(a) it is given to the Minister under section 53(3) of the Act; or
(b) the Minister authorises its earlier disposal under section 53(4)
of the Act.
Part 2 Geothermal authorities
Division 3 Cancellations of geothermal authorities or part of geothermal authorities
areas
Geothermal Energy Regulations 2009 7
(3) The sample must be clearly labelled to identify:
(a) the nature of the sample; and
(b) the date and place of recovery.
(4) A geothermal authority holder who wishes to dispose of a sample
before ceasing geothermal activities under the geothermal authority
must apply in writing for the Minister's authority under section 53(4)
of the Act, giving reasons for the application.
(5) A geothermal authority holder who ceases to conduct geothermal
activities under the geothermal authority, and is required by
section 53(3) of the Act to give the Minister each sample recovered,
must deliver the samples to premises kept by the Agency for the
storage of samples.
(6) A person may examine samples at the Agency's storage premises
during the normal business hours of the Agency.
(7) For this regulation, geothermal activities cease to be conducted
under a geothermal authority:
(a) on the expiry date of the geothermal authority; or
(b) on the date the surrender of the geothermal authority, or part
of the geothermal authority area, takes effect; or
(c) on the date the cancellation of the geothermal authority takes
effect; or
(d) if the geothermal operations plan for the geothermal authority
is revised or varied to indicate that particular geothermal
activities are no longer being conducted in the geothermal
authority area – on the date the Minister approves the revised
plan or variation.
Division 3 Cancellations of geothermal authorities or part of
geothermal authorities areas
11 Procedure for cancellation
(1) This regulation applies if the Minister is satisfied about a matter
mentioned in section 58(2) of the Act in relation to a geothermal
authority holder and decides to:
(a) cancel the geothermal authority; or
Part 2 Geothermal authorities
Division 4 Miscellaneous matters
Geothermal Energy Regulations 2009 8
(b) cancel the geothermal authority for part of the geothermal
authority area.
(2) The Minister must give the geothermal authority holder a notice of
the decision stating:
(a) the reasons for the decision; and
(b) that the holder may, within the time specified in the notice (the
specified time), give the Minister a written submission about
matters the holder wishes the Minister to reconsider.
(3) The specified time must be at least 28 days after the date on which
the holder is given the notice.
(4) If the holder gives the Minister a submission within the specified
time or an extended time, the Minister may:
(a) reverse or vary the decision; or
(b) make the decision as notified and give the applicant a
reviewable decision notice.
(5) If the holder does not give the Minister a submission within the
specified time or an extended time, the Minister may make the
decision as notified and give the applicant a reviewable decision
notice.
Division 4 Miscellaneous matters
12 Notice of change relating to geothermal authority holder
The holder of a geothermal authority must give the Minister written
notice about any of the following changes within 14 days after the
change occurs:
(a) a change in the holder's name;
(b) a change in the holder's address or other contact details.
Fault element: Strict liability offence.
Maximum penalty: 20 penalty units.
Part 3 Technical work programs and geothermal operations plans
Division 2 Geothermal operations plans
Geothermal Energy Regulations 2009 9
Part 3 Technical work programs and geothermal
operations plans
Division 1 Technical work programs
13 Notice of change relating to operator
(1) This regulation applies if an operator has been appointed for a
geothermal authority area and any of the following (a notifiable
change) has occurred:
(a) the name, contact details or terms of appointment in the
technical work program or document of appointment have
changed;
(b) the appointment no longer has effect because of the
resignation of the operator or another reason;
(c) a new operator or additional operator has been appointed.
(2) The holder of, or applicant for, the geothermal authority must give
the Minister written notice of a notifiable change within 14 days after
the change occurs.
Fault element: Strict liability offence.
Maximum penalty: 20 penalty units.
(3) A notice of the appointment of a new operator must include the
information required by section 65(1)(b)(i) and (ii) and (c) of the Act.
Division 2 Geothermal operations plans
14 Information to be included in geothermal operations plan
For section 67(2)(c) of the Act, a geothermal operations plan for a
geothermal authority area must include the following information:
(a) details of the operations to be conducted for the technical
work summarised in the technical work program for the area;
(b) a description of how the operations will be conducted and the
persons who will conduct the operations;
(c) plans of the proposed and (if applicable) current work sites for
the operations, including buildings and infrastructure on the
work sites;
Part 3 Technical work programs and geothermal operations plans
Division 2 Geothermal operations plans
Geothermal Energy Regulations 2009 10
(d) descriptions and plans of proposed and (if applicable) current
infrastructure associated with the operations in the geothermal
authority area, including any road construction under
section 42 of the Act;
(e) details of the proposed restoration and rehabilitation of land if
operations or geothermal activities conducted in the area are
to cease permanently, and the anticipated cost of the
restoration and rehabilitation.
15 Information required before expiry of permit or licence
(1) This regulation applies if the holder of a geothermal exploration
permit or geothermal retention licence intends to allow the term of
the geothermal authority to end on the expiry date.
(2) No later than 3 months before the expiry date:
(a) the holder must review the approved operations plan for the
geothermal authority area; and
(b) if the approved operations plan does not include
comprehensive details about the restoration and rehabilitation
of the geothermal authority area to be carried out before the
expiry date, and the anticipated cost of the restoration and
rehabilitation, the holder must:
(i) vary the plan to include that information; and
(ii) apply to the Minister under section 69(1) of the Act for
approval of the variation.
16 Refusal to approve geothermal operations plan or variation
(1) This regulation applies if the Minister:
(a) refuses under section 68 of the Act to approve a geothermal
operations plan; or
(b) refuses under section 69 of the Act to approve a variation of a
geothermal operations plan.
(2) The Minister must give the applicant a reviewable decision notice
relating to the refusal.
Part 4 Geothermal authorities register
Geothermal Energy Regulations 2009 11
Part 4 Geothermal authorities register
17 Information relating to application for grant of permit or lease
(1) This regulation applies in relation to an application for the grant of
the following geothermal authorities:
(a) a geothermal exploration permit;
(b) a geothermal production lease if the application is made by a
person mentioned in section 31(2) of the Act.
(2) The following information must be entered in the register in relation
to the geothermal authority application:
(a) the date on which the Agency received the application;
(b) a description of the application area;
(c) the name and contact details of each applicant;
(d) if there is more than 1 applicant – the details of the geothermal
authority interest proposed to be held by each applicant;
(e) details (including the date of receipt by the Agency) of any of
the following:
(i) an application for the transfer of a geothermal authority
interest;
(ii) an application for registration of the devolution of a
geothermal authority interest;
(iii) the lodgment of a caveat;
(f) a decision made about an application or lodgment mentioned
in paragraph (e) and any resulting changes.
18 Information relating to geothermal authority
The following information must be entered in the register in relation
to a geothermal authority:
(a) the type of geothermal authority and the date on which it was
granted and (if applicable) renewed;
(b) the term of the geothermal authority if it is a permit or licence;
(c) a description of the geothermal authority area;
Part 4 Geothermal authorities register
Geothermal Energy Regulations 2009 12
(d) the name and contact details of each holder of the geothermal
authority;
(e) the geothermal authority interest held by each holder of the
geothermal authority;
(f) details (including the date of receipt by the Agency) of a
geothermal authority application for:
(i) renewal; or
(ii) the surrender of the geothermal authority or part of the
geothermal authority area; or
(iii) a geothermal retention licence, made by the holder of a
permit; or
(iv) a geothermal production lease, made by the holder of a
permit or licence;
(g) details (including the date of receipt by the Agency) of any of
the following:
(i) an application for the transfer of a geothermal authority
interest;
(ii) an application for registration of the devolution of a
geothermal authority interest;
(iii) the lodgment of a caveat;
(h) a decision made about an application or lodgment mentioned
in paragraph (f) or (g) and any resulting changes.
19 Information relating to transfer of geothermal authority interest
(1) For regulation 17(2)(e)(i) or 18(g)(i), the following details must be
included in the register:
(a) the names and contact details of each person transferring a
geothermal authority interest and each person to whom a
geothermal authority interest is to be transferred;
(b) the geothermal authority interest being transferred.
(2) The Minister need not enter in the register the details of an
agreement relating to the transfer of a geothermal authority interest.
Part 5 Tribunal
Geothermal Energy Regulations 2009 13
20 Entry of additional information
The Minister may enter in the register any information not
mentioned in this Part that the Minister considers should be
entered.
21 Form of application for registration of transfer or devolution
The following applications must be in an approved form:
(a) an application under section 72(1) of the Act for registration of
the transfer of a geothermal authority interest;
(b) an application under section 73(1) of the Act for registration of
the devolution of a geothermal authority interest.
22 Refusal of applications relating to register
(1) This regulation applies if the Minister:
(a) refuses under section 72 or 73 of the Act to register the
transfer or devolution of a geothermal authority interest; or
(b) refuses under section 75 of the Act to correct an error in the
register.
(2) The Minister must give the applicant for the registration or
correction a reviewable decision notice relating to the refusal.
23 Fees payable in relation to register
Schedule 4 prescribes the fee payable for an application or
document specified in it.
Part 5 Tribunal
24 Jurisdiction
A person aggrieved by a reviewable decision may apply to the
Tribunal for a review of the decision.
25 Reviewable decision
(1) A decision that is required by these Regulations to be notified by a
reviewable decision notice is a reviewable decision.
(2) A decision mentioned in subregulation (1) includes:
(a) an action taken to implement the decision; and
Part 5 Tribunal
Geothermal Energy Regulations 2009 14
(b) a refusal to approve something that is the subject of an
application; and
(c) a refusal to take an action that is the subject of an application.
26 Recommendation of Tribunal and subsequent decision
(1) Within 2 months after conducting a proceeding for a reviewable
decision the Tribunal must:
(a) make a recommendation about the decision; and
(b) give the parties to the proceeding a written notice of the
recommendation and the reasons for making it.
(2) After considering the recommendation and reasons for making it,
the Minister must decide to:
(a) reverse or vary the reviewable decision (as applicable); or
(b) confirm the reviewable decision.
(3) In making the decision under subregulation (2), the Minister is not
required to follow the recommendation.
(4) Within 28 days after receiving the recommendation, the Minister
must give the applicant for the review a notice of the decision under
subregulation (2) and the reasons for the decision.
Part 6 Infringement notice offences
32 Infringement notice offence and prescribed amount payable
(1) An infringement notice offence is an offence against a provision
specified in Schedule 5.
(2) The prescribed amount for an infringement notice offence is the
amount equal to the monetary value of the number of penalty units
specified for the offence in Schedule 5.
33 When infringement notice may be given
If the Minister believes on reasonable grounds that a person has
committed an infringement notice offence, the Minister may give a
notice (an infringement notice) to the person.
Part 5 Tribunal
Geothermal Energy Regulations 2009 15
34 Contents of infringement notice
(1) The infringement notice must specify the following:
(a) the name and address of the person, if known;
(b) the date the infringement notice is given to the person;
(c) the date and time of the infringement notice offence and the
place at which the infringement notice offence occurred;
(d) a description of the offence;
(e) the prescribed amount payable for the offence;
(f) the enforcement agency, as defined in the Fines and Penalties
(Recovery) Act 2001, to which the prescribed amount is
payable.
(2) The infringement notice must include a statement to the effect of
the following:
(a) the person may expiate the infringement notice offence and
avoid any further action in relation to the offence by paying the
prescribed amount to the specified enforcement agency within
28 days after the notice is given;
(b) the person may elect under section 21 of the Fines and
Penalties (Recovery) Act 2001 to have the matter dealt with by
a court instead of under that Act by completing a statement of
election and giving it to the specified enforcement agency;
(c) if the person does nothing in response to the notice,
enforcement action may be taken under the Fines and
Penalties (Recovery) Act 2001.
(3) Also, the infringement notice must include an appropriate form for
making the statement of election mentioned in subregulation (2)(b).
35 Electronic payment and payment by cheque
(1) If the person uses electronic means to pay the prescribed amount,
payment is not effected until the amount is credited to the payee's
bank account.
(2) If the person tenders a cheque in payment of the prescribed
amount, payment is not effected unless the cheque is cleared on
first presentation.
Part 7 Transitional matters for Northern Territory Civil and Administrative Tribunal
(Conferral of Jurisdiction Amendments) (No. 2) Act 2014
Geothermal Energy Regulations 2009 16
36 Withdrawal of infringement notice
(1) The Minister may withdraw the infringement notice by written notice
given to the person.
(2) The notice must be given:
(a) within 28 days after the infringement notice is given to the
person; and
(b) before payment of the prescribed amount.
37 Application of Part
(1) This Part does not prejudice or affect the start or continuation of
proceedings for an infringement notice offence for which an
infringement notice has been given unless the offence is expiated.
(2) Also, this Part does not:
(a) require an infringement notice to be given; or
(b) affect the liability of a person to be prosecuted in a court for an
offence for which an infringement notice has not been given;
or
(c) prevent more than one infringement notice for the same
offence being given to a person.
(3) If more than one infringement notice for the same offence has been
given to a person, the person may expiate the offence by paying
the prescribed amount in accordance with any of the notices.
Part 7 Transitional matters for Northern Territory Civil
and Administrative Tribunal (Conferral of
Jurisdiction Amendments) (No. 2) Act 2014
38 Definitions
In this Part:
commencement means the commencement of Part 8 of the
Northern Territory Civil and Administrative Tribunal (Conferral of
Jurisdiction Amendments) (No. 2) Act 2014.
Part 7 Transitional matters for Northern Territory Civil and Administrative Tribunal
(Conferral of Jurisdiction Amendments) (No. 2) Act 2014
Geothermal Energy Regulations 2009 17
former legislation means the following as in force immediately
before the commencement:
(a) the Act and these Regulations;
(b) the Lands, Planning and Mining Tribunal Act 1998.
former Tribunal means the Lands, Planning and Mining Tribunal
as in existence under the Lands, Planning and Mining Tribunal
Act 1998 immediately before the commencement of the Northern
Territory Civil and Administrative Tribunal Act 2014.
new legislation means the following as in force after the
commencement:
(a) the Act and these Regulations;
(b) the Northern Territory Civil and Administrative Tribunal
Act 2014.
39 Review of Minister's decision notified before commencement
(1) This regulation applies if:
(a) before the commencement, the Minister had given a person a
reviewable decision notice for a reviewable decision; and
(b) one of the following circumstances applies:
(i) immediately before the commencement, the review
period for the decision had not expired and the person
had not applied for a review of the decision;
(ii) before the commencement, the person had applied for a
review of the decision and the proceeding for the review
had not been decided.
(2) If the circumstance mentioned in subregulation (1)(b)(i) applies, the
former legislation continues to apply in relation to the entitlement of
the person to apply for a review or the decision within the review
period.
(3) The former legislation continues to apply in relation to the functions
and powers of the former Tribunal in conducting and deciding a
proceeding for the review regardless of whether the proceeding:
(a) was being conducted before the commencement; or
(b) is started after the commencement within the review period.
Part 7 Transitional matters for Northern Territory Civil and Administrative Tribunal
(Conferral of Jurisdiction Amendments) (No. 2) Act 2014
Geothermal Energy Regulations 2009 18
(4) In this regulation:
review period means the period within which a person given a
reviewable decision notice is entitled to apply for a review of the
decision mentioned in the notice.
40 Minister's decision made after commencement
(1) This regulation applies if:
(a) a person had made an application to the Minister before the
commencement; and
(b) the Minister decides the application after the commencement.
(2) The new legislation applies in relation to:
(a) giving notice of the decision; and
(b) a person's entitlement to apply for a review of the decision.
41 Applications to former Tribunal
(1) This regulation applies if, before the commencement:
(a) a person had made an application to the former Tribunal; and
(b) the former Tribunal had not decided the matter.
(2) The former Tribunal must continue to deal with the matter in
accordance with the former legislation.
Schedule 1 Fees for geothermal authority applications
Geothermal Energy Regulations 2009 19
Schedule 1 Fees for geothermal authority applications
regulation 6(1)
Geothermal authority application Fee payable
(revenue units)
Grant of geothermal exploration permit under section 12
or 13 of Act
4 132
Renewal of geothermal exploration permit under
section 18 of Act
4 132
Grant of geothermal retention licence under section 22 of
Act
8 264
Renewal of geothermal retention licence under section 25
of Act
8 264
Grant of geothermal production lease under section 32 of
Act
41 322
Variation of condition of geothermal authority under
section 54 of Act
165
Schedule 2 Annual fees
Geothermal Energy Regulations 2009 20
Schedule 2 Annual fees
regulation 8(2)
Geothermal authority area Authority year Fee payable
for each block
(revenue units)
Permit area Year 1, 2, 3, 4 and 5 17
Year 6, 7, 8, 9 and 10 33
Each remaining year 66
Licence area Each year 165
Lease area Each year 1 653
Schedule 3 Fees for late lodgment of annual report
Geothermal Energy Regulations 2009 21
Schedule 3 Fees for late lodgment of annual report
regulation 9(2)
Period of late lodgment Fee payable
(revenue units)
Later than 28 days, but within 56 days, after the
prescribed lodgment day
83
Later than 56 days, but within 84 days, after the
prescribed lodgment day
496
Later than 84 days, but within 112 days, after the
prescribed lodgment day
909
Any period after 112 days after the prescribed
lodgment day
909 plus 413 for
each additional
period, or part
period, of 28 days
Schedule 4 Fees in relation to register
Geothermal Energy Regulations 2009 22
Schedule 4 Fees in relation to register
regulation 23
Application or document Fee payable
(revenue units)
Inspect register under section 70(5) of Act 12
Copy or summary of entry in register under
section 70(5) of Act
4 for each page
Registration of transfer of geothermal authority
interest under section 72(1) of Act
620
Registration of devolution of geothermal authority
interest under section 73(1) of Act
207
Certificate relating to information under section 76 of
Act
21
Caveat under section 78(1) of Act 83
Continuation of caveat under section 81(3) of Act 83
Schedule 5 Infringement notice offences and prescribed amounts
Geothermal Energy Regulations 2009 23
Schedule 5 Infringement notice offences and prescribed
amounts
regulation 32
Provision Prescribed amount
in penalty units
Geothermal Energy Act 2009
section 122(4) 5
Geothermal Energy Regulations 2009
regulations 12 and 13(2) 2
ENDNOTES
Geothermal Energy Regulations 2009 24
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Geothermal Energy Regulations (SL No. 29, 2009)
Notified 2 September 2009
Commenced 1 December 2009 (r 2, s 2 Geothermal Energy Act 2009 and
Gaz S65, 25 November 2009)
Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction
Amendments) (No. 2) Act 2014 (Act No. 35, 2014)
Assent date 13 November 2014
Commenced pts 4, 9, 10 and 19: 1 June 2015 (Gaz S53, 29 May 2015,
p 2); rem: 1 January 2015 (Gaz G51, 24 December 2014, p 7)
Geothermal Energy Amendment Regulations 2020 (SL No. 19, 2020)
Notified 1 July 2020
Commenced 1 July 2020
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 3, 34 and 38 and Sch 5.
4 LIST OF AMENDMENTS
r 3 amd Act No. 35, 2014, s 43; No. 19, 2020, r 4
r 6 amd No. 19, 2020, r 5
r 8 amd No. 19, 2020, r 6
r 9 amd No. 19, 2020, r 7
r 23 sub No. 19, 2020, r 8
pt 5 hdg sub Act No. 35, 2014, s 44
pt 5
div 1 hdg rep Act No. 35, 2014, s 44
ENDNOTES
Geothermal Energy Regulations 2009 25
rr 24 – 25 sub Act No. 35, 2014, s 44
pt 5
div 2 hdg rep Act No. 35, 2014, s 44
r 26 sub Act No. 35, 2014, s 44
rr 27 – 30 rep Act No. 35, 2014, s 44
pt 5
div 3 hdg rep Act No. 35, 2014, s 44
r 31 rep Act No. 35, 2014, s 44
pt 6 hdg sub No. 19, 2020, r 9
rr 32 – 37 sub No. 19, 2020, r 9
pt 7 hdg ins Act No. 35, 2014, s 45
rr 38 – 41 ins Act No. 35, 2014, s 45
sch 1 – 5 sub No. 19, 2020, r 10