Geothermal Energy Resources Act 2005

Part 1—Preliminary matters

1 Purpose

The purpose of this Act is to facilitate and regulate geothermal energy exploration and extraction in Victoria.

2 Commencement

(1) This Part comes into operation on the day on which this Act receives the Royal Assent.

(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3) If a provision referred to in subsection (2) does not come into operation before 30 June 2006, it comes into operation on that day.

3 Objectives and principles

(1) The objectives of this Act are to encourage the exploration for geothermal energy in Victoria and to promote geothermal energy extraction for the benefit of all Victorians by—

(a) promoting sustainable, commercial exploration for and extraction of geothermal energy resources and geothermal energy;

(b) establishing that the Crown owns and may seek to gain a return for use of geothermal energy resources and geothermal energy;

(c) establishing secure title and efficient and effective allocation processes to encourage the exploration for, and extraction of, geothermal energy resources and geothermal energy;

(d) establishing transparent, fair and efficient land use and environment planning and land access processes for the exploration for, and extraction of, geothermal energy resources and geothermal energy;

S. 3(1)(e) amended by No. 55/2010 s. 67(1).

(e) ensuring that public health and safety and environmental issues are considered in planning for, authorising, operating and decommissioning geothermal energy operations.

(2) The Minister and all persons employed or engaged in the administration of this Act may have regard to the following in making decisions about the utilization of resources and granting applications under this Act and generally in the administration and enforcement of this Act—

(a) the enhancement of individual and community well-being and welfare by following a path of economic development that safeguards the welfare of future generations;

(b) the provision of equity within and between generations;

(c) the protection of biological diversity and the maintenance of ecological integrity;

(d) recognition of the need to develop a strong, growing, diversified and internationally competitive economy that can enhance the capacity for environment protection;

(e) the adoption of cost effective and flexible measures, not disproportionate to the issues being addressed, including improved valuation, pricing and incentive mechanisms;

(f) the effective integration of both long and short term economic, environmental, social and equity considerations into decision making;

(g) if there are threats of serious or irreversible environmental damage, ensuring that lack of full scientific certainty is not used as a reason for postponing measures to prevent environmental degradation;

(h) decision making should be guided by—

(i) a careful evaluation to avoid serious or irreversible damage to the environment wherever practicable; and

(ii) an assessment of the risk-weighted consequences of various options;

S. 3(2)(i) amended by No. 55/2010 s. 67(2).

(i) development should make a positive contribution to social equity, public health and safety, regional development and respect the aspirations of the community and indigenous peoples;

(j) decisions and actions should provide for community involvement in issues which affect members of the community.

4 Interpretation

(1) In this Act—

S. 4(1) def. of authority amended by No. 64/2012 s. 3(1).

authority means an exploration permit, a special access authorisation, a special drilling authorisation, a retention lease or an extraction licence;

Crown land means land that is, or that is by any Act deemed to be, unalienated land of the Crown, and—

(a) includes land of the Crown that is—

(i) reserved permanently or temporarily by or under any Act; and

(ii) occupied by a person under a lease, licence or other right under this or any other Act;

(b) does not include land that is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993;

S. 4(1) def. of current authority holder inserted by No. 64/2012 s. 3(2).

current authority holder means the holder of a primary authorisation;

S. 4(1) def. of Department amended by Nos 70/2013 s. 4(Sch. 2 item 21), 41/2025 s. 4(Sch. 2 item 15).

Department means the Department of Energy, Environment and Climate Action;

S. 4(1) def. of drilling authorisation area inserted by No. 64/2012 s. 3(2).

drilling authorisation area means an area specified in a special drilling authorisation granted under Part 5B;

S. 4(1) def. of exploration permit inserted by No. 64/2012 s. 3(2).

exploration permit means an exploration permit granted under section 20A;

S. 4(1) def. of extraction licence inserted by No. 64/2012 s. 3(2).

extraction licence means an extraction licence granted under Part 4;

geothermal energy means the heat energy contained or stored in rock, geothermal water or any other material occurring naturally within the earth;

geothermal energy exploration has the meaning set out in section 5;

geothermal energy extraction has the meaning set out in section 6;

geothermal energy operation means any activity relating to geothermal energy exploration or to geothermal energy extraction;

geothermal energy register means the register established under Division 1 of Part 13;

geothermal energy resources means geothermal water, rock or any other material occurring naturally within the earth containing heat energy;

geothermal water means water, water vapour or steam heated within the earth by natural phenomena to a temperature of 30° Celsius or more or any mixture of such water, water vapour or steam;

improvement notice means a notice issued under section 144;

inspector means a person authorised by the Minister under section 123 to act as an inspector;

Native Title Act means the Native Title Act 1993 of the Commonwealth;

native title holder has the same meaning as in the Native Title Act;

owner means—

(a) in relation to land that is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993, the licensee of that land under that Part;

(b) in relation to Crown land, includes the native title holder of the land;

planning scheme means a planning scheme approved under the Planning and Environment Act 1987;

S. 4(1) def. of primary authorisation inserted by No. 64/2012 s. 3(2).

primary authorisation means an exploration permit, retention lease or extraction licence;

private land means land that is not Crown land;

prohibition notice means a notice issued under section 145;

rehabilitation bond means an instrument acceptable to the Minister under section 100 securing the payment of a specified amount of money for any rehabilitation work, clean‑up work or pollution prevention work that may be necessary as a result of a geothermal energy operation;

S. 4(1) def. of retention lease inserted by No. 64/2012 s. 3(2).

retention lease means a retention lease granted under section 36;

retention period means a period of 60 days after the seizure of a thing under this Act;

Tribunal means the Victorian Civil and Administrative Tribunal established under the Victorian Civil and Administrative Tribunal Act 1998;

unit development agreement means an agreement made under Part 5;

S. 4(1) def. of unrestricted Crown land amended by No. 63/2006 s. 61(Sch. item 17.1).

unrestricted Crown land means any Crown land other than—

(a) land referred to in section 79; and

(b) land that is a national, State or other park under the National Parks Act 1975; and

(c) land specified in Schedule 3 to the Mineral Resources (Sustainable Development) Act 1990;

vary, in relation to the conditions of an authority, includes adding conditions to, and removing conditions from, the authority;

work program has the meaning set out in section 61.

(2) A reference in this Act to—

(a) a permit area, a lease area, a licence area, or an authority area is a reference to the area to which the permit, lease, licence or authority applies at the relevant time;

(b) this Act includes a reference to the regulations made under this Act.

(3) For the purposes of this Act, a person is to be treated as carrying out a geothermal energy operation by starting, or continuing to carry on, the operation.

5 Meaning of geothermal energy exploration

Geothermal energy exploration is the carrying out of one or more of the following activities for the purpose of finding geothermal energy or geothermal energy resources—

(a) conducting geological, geophysical, hydrogeological and geochemical surveys;

(b) drilling;

(c) taking samples for the purposes of chemical, thermal or other analysis;

(d) extracting geothermal energy or geothermal energy resources for the purpose of determining whether it will be viable to extract the energy or resources commercially.

6 Meaning of geothermal energy extraction

Geothermal energy extraction is—

(a) the extraction of geothermal energy or geothermal energy resources for the purpose of capturing the heat energy from the resources;

(b) any activity incidental to extraction referred to in paragraph (a) including the construction and operation of pumps and pipes within the area in which the geothermal energy or geothermal energy resources are being extracted.

7 Act binds the Crown

This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

S. 8 amended by No. 39/2018 s. 38(1).

8 Relationship of this Act to certain other Acts

If this Act makes provision in relation to a matter and provision is also made in relation to that matter by, or under, the Dangerous Goods Act 1985, the Environment Protection Act 2017, the Occupational Health and Safety Act 1985 or the Water Act 1989, the provision made by this Act—

(a) if not inconsistent with that other provision, must be observed in addition to that other provision; and

(b) if inconsistent with that other provision, is, to the extent of the inconsistency, of no force or effect and that other provision prevails.

9 Application of this Act to land in Victoria

This Act applies to all land in Victoria, other than—

S. 9(a) amended by No. 10/2010 s. 800(Sch. 6 item 5).

(a) land that is within the area defined as the offshore area in the Offshore Petroleum and Greenhouse Gas Storage Act 2010; and

(b) land to the extent that it is exempted by the Minister under section 11.

10 Non-application of Act

This Act does not apply to—

(a) small scale ground source heat pumps used at or in the vicinity of the source of the geothermal energy; and

(b) other small scale extraction operations that are not for commercial purposes; and

(c) activities and operations or classes of activity or operation that are prescribed by the regulations; and

(d) land or any class of land that is exempted by the Minister under section 11.

11 Minister may exempt land from application of Act

(1) The Minister may, by notice published in the Government Gazette and recorded in the geothermal energy register, exempt any land or class of land from the application of some or all of the provisions of this Act.

(2) The Minister may exempt land—

(a) to protect the land for significant environmental reasons; or

(b) to protect significant commercial or economic operations or activities; or

(c) for any other reason the Minister considers to be appropriate.

(3) The Minister, by notice published in the Government Gazette and recorded in the geothermal energy register, may revoke any exemption granted under this section.

12 Geothermal energy is the property of the Crown

The Crown owns all geothermal energy and geothermal energy resources on or below the surface of any land in Victoria that came to be on or below that surface without human assistance.

13 Crown retains Crown land geothermal energy rights

In conferring any grant, lease, licence or other tenure of any Crown land after the commencement of this section on any person, the Crown retains all rights that it has in relation to any geothermal energy and geothermal energy resource on or below that land.

14 Offence to explore for geothermal energy unless authorised

A person must not carry out any activity relating to geothermal energy exploration in Victoria except—

(a) under, and in accordance with, an authority; or

(b) as otherwise permitted by this Act.

15 Offence to extract geothermal energy unless authorised

A person must not carry out any activity relating to geothermal energy extraction in Victoria except—

(a) under, and in accordance with, an extraction licence; or

(b) as otherwise permitted by this Act.

16 Geothermal energy becomes the property of the person extracting it

On a person extracting from any land in Victoria in accordance with this Act any geothermal energy or geothermal energy resource that came to be on or below the surface of the land without human assistance, the person becomes the owner of that geothermal energy or geothermal energy resource.

Part 2—Exploration permits

Division 1—Rights

17 Rights conferred by exploration permit

An exploration permit authorises the holder of the permit, subject to and in accordance with the conditions of the permit—

(a) to carry out geothermal energy exploration in the permit area; and

(b) to do any thing in that area that is necessary for, or incidental to, that purpose.

Division 2—Procedure for obtaining permits

18 Commencement of tender process

(1) The Minister may invite applications for an exploration permit to explore a specified area.

(2) The invitation must specify—

(a) the chief factors that will be considered by the Minister in assessing applications; and

(b) a date by which applications must be made.

19 Application for permits

(1) In addition to complying with section 58, an applicant for an exploration permit must submit—

(a) details of the applicant's relevant technical qualifications and of the relevant technical qualifications of the applicant's employees; and

(b) details of the relevant technical advice available to the applicant; and

(c) details of the financial resources available to the applicant; and

(d) the work programs proposed by the applicant; and

(e) any other information prescribed by the regulations.

(2) An applicant must also submit any other information required in the invitation under section 18.

20 Chief factors to be considered in deciding competing applications

(1) This section applies if more than one application is received in respect of an area and the Minister decides to grant an exploration permit in respect of the area.

(2) In determining which applicant, if any, is to be granted the permit, the chief factors the Minister must take into account are—

(a) the respective merits of the work programs proposed by the applicants;

(b) the likelihood that the work programs will be carried out;

(c) the effect the proposed exploration will have on public safety;

(d) the benefit of the proposed exploration relative to the economic, social and environmental impact of the proposed exploration;

(e) the respective technical and financial resources of the applicants;

(f) any other chief factors specified in the invitation under section 18.

S. 20A inserted by No. 55/2010 s. 68.

20A Grant of exploration permit

The Minister may grant or refuse to grant an exploration permit.

21 Notice to be given to applicants

(1) If the Minister decides to grant an exploration permit, he or she must give the person granted the permit and every unsuccessful applicant for the permit written notice of that decision within 14 days after making it.

(2) If the Minister decides not to grant an exploration permit to any of the applicants for the permit, he or she must notify all applicants in writing of that decision.

22 Minister may make new grant if former grant refused

(1) This section applies if the Minister had decided to grant an exploration permit to an applicant who responded to an invitation under section 18 but who subsequently states in writing that the applicant is not willing to accept the grant.

(2) The Minister may grant the permit to any other applicant for the permit.

(3) This section applies regardless of how many times the Minister has decided to grant the permit.

23 Procedure if tender does not result in the granting of a permit

(a) no applications are received in response to an invitation made under section 18; or

(b) the Minister refuses to grant an exploration permit to any applicant who responded to an invitation made under section 18; or

(c) no applicant who responded to the invitation is willing to accept the grant of the exploration permit by the Minister.

S. 23(2) substituted by No. 25/2008 s. 9(1).

(2) The Minister may—

(a) invite further applications for an exploration permit for the relevant area; or

(b) commence a new tender process under section 18.

S. 23(3) amended by No. 25/2008 s. 9(2).

(3) Sections 19, 21 and 22 apply to applications made in response to an invitation made under subsection (2)(a).

S. 23(3A) inserted by No. 25/2008 s. 9(3).

(3A) If the Minister invites further applications under subsection (2)(a) the Minister may specify—

(a) new chief factors that will be considered by him or her in assessing those applications; and

(b) the date by which applications must be made.

S. 23(3B) inserted by No. 25/2008 s. 9(3).

(3B) If the Minister specifies new chief factors under subsection (3A), the Minister must state whether he or she will also consider the chief factors originally specified under section 18.

S. 23(4) amended by No. 25/2008 s. 9(4).

(4) If more than one application in response to an invitation under subsection (2)(a) is received, the Minister must consider the applications in the order in which they were received by the Minister.

S. 23A inserted by No. 25/2008 s. 10.

23A Priority of competing applications in respect of same land

(1) If more than one application under section 23(2)(a) is received on the same day in respect of the same land, the Minister must assign an order of priority to those applications.

(2) In assessing the order of priority under subsection (1), the Minister must take into account the chief factors set out in sections 20(2)(a) to 20(2)(e).

(3) The application that has been assigned the highest priority under this section must be assessed without regard to anything contained in applications having a lower priority.

24 Restrictions on permit area

In issuing an exploration permit to an applicant, the Minister must ensure—

(a) that the area to which the permit applies—

(i) is not more than the number of square kilometres prescribed by the regulations; and

(ii) forms a continuous parcel of land; and

(b) that no part of the area to which the permit applies is within an area that is already the subject of an exploration permit.

25 Term of permit

(1) The Minister may grant a permit for a period not exceeding 15 years.

(2) An exploration permit expires on the date specified in the permit, unless it is cancelled or surrendered earlier or unless this Act otherwise provides.

Division 3—Renewals

26 Renewal of permit

(1) The Minister may renew an exploration permit for a further period not exceeding 5 years from the date of its expiry.

(2) The Minister may renew an exploration permit that has been renewed once under subsection (1) for a further period not exceeding 10 years from the date it expired before renewal under that subsection.

27 Application for renewal

(1) The holder of an exploration permit may apply to the Minister for the renewal of the permit.

(2) A renewal application must be given to the Minister at least 90 days before the permit is due to expire.

(3) On the payment of any late fee required by the regulations for the purposes of this section, the Minister may also consider any application for renewal that does not comply with subsection (2).

(4) The Minister must not consider any application to renew a permit that is made after the permit has expired.

28 Other factors to be considered in renewing permits

(1) The Minister must renew an exploration permit if—

(a) the holder of the permit applies for the renewal in the form and manner required by the Minister; and

(b) the application is accompanied by the renewal fee set out in the regulations for the purposes of this paragraph; and

(c) the permit holder has complied with the conditions of the permit and all applicable laws; and

(d) the application is accompanied by details of the work program the holder of the permit proposes to undertake if the permit is renewed; and

(e) the Minister is satisfied that the proposed work program is adequate; and

(f) the holder of the permit has nominated in the application the area that the holder wishes to relinquish (unless section 29(4) applies); and

(g) the Minister will not breach section 29(1), (2) or (3) by renewing the permit for the remaining area.

(2) In any other case the Minister may renew a permit if satisfied that there are special circumstances that justify the renewal of the permit.

29 Renewed permit area to be reduced

(1) In renewing an exploration permit, the Minister must ensure that the permit area is reduced by at least 50%.

(2) In renewing an exploration permit and reducing the permit area, the Minister must be satisfied that both the area to which the renewed permit will apply and the area to which the permit will no longer apply are of such a nature that it will still be practicable for geothermal energy exploration to be carried out on them.

(3) In reducing the area to which a renewed exploration permit will apply, the Minister must ensure that the reduced area forms no more than 2 continuous parcels of land.

(4) Despite subsection (1), the Minister may issue a renewed exploration permit without reducing the permit area, or without reducing the permit area by at least 50%, if—

(a) the Minister is satisfied, on the written application of the holder of the permit—

(i) that the holder was unable to explore a relevant area as a result of one or more events that were beyond the holder's control; or

(ii) that there are exceptional circumstances that justify the renewal; or

(b) it is necessary to do so to enable the Minister to comply with subsection (3).

30 Variation of work programs for renewed permits

(1) If an exploration permit is renewed, the holder of the permit may apply to the Minister for permission to vary the work program.

(2) The Minister may allow the holder of the permit to vary the work program if the Minister is satisfied that the variation will improve the work program.

Division 4—Ministerial directions

31 Minister may give directions

(1) If the holder of an exploration permit discovers any geothermal energy or geothermal energy resources in the permit area, the Minister may require the holder of the permit to apply for a retention lease or an extraction licence in respect of the discovery.

(2) The requirement must be made in writing and must allow the holder of the permit at least 90 days within which to make the application.

(3) The Minister may only make a requirement under this section if the holder of the permit has extracted geothermal energy or geothermal energy resources as a result of the discovery.

(4) If the holder of the permit fails to comply with a requirement made under this section, the Minister may cancel the permit.

Part 3—Retention leases

32 Purpose of a retention lease

A retention lease enables the holder of an exploration permit to retain certain rights to a geothermal energy discovery that it is not commercially viable to develop under an extraction licence at the time the lease is granted, but which might become viable to develop within 15 years.

33 Rights conferred by lease

A retention lease authorises the holder of the lease, subject to and in accordance with the conditions of the lease—

(a) to carry out geothermal energy exploration in the lease area; and

(b) to do any thing in the lease area that is necessary for, or incidental to, that purpose; and

(c) to retain a right to apply for an extraction licence in respect of the lease area under section 43 without complying with any requirement that there might otherwise be under this Act to carry out a work program in respect of the area.

S. 34 amended by No. 25/2008 s. 11 (ILA s. 39B(1)).

34 Right to apply for lease

(1) The holder of an exploration permit may apply to the Minister for the grant of a retention lease in respect of any part of the permit area on which the holder has discovered geothermal energy or geothermal energy resources.

S. 34(2) inserted by No. 25/2008 s. 11.

(2) An application for a retention lease must be made at least 90 days before the applicant's exploration permit is due to expire.

S. 34(3) inserted by No. 25/2008 s. 11.

(3) Despite subsection (2), the Minister may on the payment of any late fee required by the regulations consider an application for a retention lease that does not comply with that subsection.

35 Details to be supplied with application

In addition to complying with section 58, an applicant for a retention lease must submit details of—

(a) the area in respect of which the lease is sought; and

(b) the commercial viability of extracting geothermal energy or geothermal energy resources from that area at the time the application is made; and

(c) the possible future commercial viability of extracting geothermal energy or geothermal energy resources from that area; and

(d) any other matter prescribed by the regulations.

36 Factors determining grant of application

(1) The Minister must grant a retention lease if—

(a) the applicant for the lease has provided all the information required by the Minister and has otherwise complied with section 35; and

(b) the applicant has complied with the conditions of the exploration permit and all applicable laws in relation to that permit; and

(c) the Minister is satisfied that the extraction of geothermal energy or geothermal energy resources from the proposed lease area—

(i) was not commercially viable on the day the application for the lease was made; but

(ii) might become commercially viable within the next 15 years.

(2) The Minister may grant a retention lease if—

(a) subsections (1)(a) and (1)(c) apply; and

(b) satisfied that there are special circumstances concerning the failure to comply with the conditions of the exploration permit, or with an applicable law, that justify the granting of the lease.

(3) The Minister must not grant a retention lease in any other circumstances.

37 Restrictions on area to which lease applies

(1) In granting a retention lease, the Minister must ensure that the lease area is the minimum area necessary—

(a) to cover the maximum extent of the geothermal energy resource; and

(b) to enable future geothermal energy extraction.

(2) Nothing in subsection (1) authorises the Minister to include in the lease area any area that was not within the area to which the lease holder's exploration permit applied.

38 Term of lease

(1) A retention lease starts on the day it is registered in the geothermal energy register.

(2) A retention lease expires on the last day of the period specified by the Minister in the lease as the term of the lease, unless it is cancelled or surrendered earlier or unless this Act otherwise provides.

(3) The Minister must specify the term of a retention lease which must not be more than 15 years.

(4) A retention lease cannot be renewed.

39 Procedure if lease not to be granted

The Minister must not refuse to grant a retention lease unless the Minister has—

(a) given the applicant for the lease not less than 30 days' written notice of the Minister's intention to refuse to grant the lease; and

(b) served a copy of the notice on any other person that the Minister considers may have an interest in the refusal; and

(c) in the notice—

(i) given detailed reasons for the proposed refusal; and

(ii) invited the person who is given the notice to make any submissions by a specified date; and

(d) considered any submissions made on or before the specified date in response to such an invitation.

40 Minister may require review of commercial viability

(1) The Minister may require the holder of a retention lease to re-evaluate the commercial viability of geothermal energy extraction in the lease area and to report to the Minister in writing the results of the re-evaluation.

(2) The Minister must—

(a) make the requirement by giving the holder of the lease written notice of the requirement; and

(b) allow the holder of the lease at least 90 days within which to comply with the requirement.

(3) The Minister may, on the written application of the holder of a lease, allow the holder of the lease more time within which to comply with a requirement made under this section.

(4) If the holder of a lease fails to comply with a requirement made under this section, the Minister may cancel the lease.

41 Minister may give directions if extraction viable

(1) This section applies if, after receiving a report under section 40, the Minister is of the opinion that the extraction of geothermal energy or geothermal energy resources from the lease area is commercially viable.

(2) The Minister may require the lease holder to apply for an extraction licence in respect of the lease area.

(3) The requirement must be made in writing and must allow the holder of the lease at least 90 days within which to make the application.

(4) If the holder of the lease fails to comply with a requirement made under this section, the Minister may cancel the lease.

Part 4—Extraction licences

Division 1—Rights

42 Rights conferred by licence

An extraction licence authorises the holder of the licence, subject to and in accordance with the conditions of the licence—

(a) to carry out geothermal energy extraction in the licence area; and

(b) to carry out geothermal energy exploration in the licence area; and

(c) to do any thing in the licence area that is necessary for, or incidental to, those purposes.

Division 2—Procedure for obtaining licence

43 Application for licence

(1) The holder of an exploration permit or a retention lease may apply to the Minister for the grant of an extraction licence in respect of any part of the permit or lease area on which the holder has discovered geothermal energy or geothermal energy resources.

(2) An application must contain or be accompanied by any information prescribed by the regulations.

44 Commencement of tender process

(1) The Minister may invite applications for the grant of an extraction licence in respect of an area if—

(a) in the opinion of the Minister, there is geothermal energy or geothermal energy resources in the area; and

(b) the area—

(i) is not the subject of an exploration permit, a retention lease or an extraction licence; or

(ii) was the subject of an exploration permit, a retention lease or an extraction licence that has expired or that has been surrendered or cancelled in respect of that area.

(2) The invitation must specify—

(a) the chief factors that will be considered by the Minister in assessing applications; and

(b) a date by which applications must be made; and

(c) any other matter required by the regulations.

(3) The invitation may specify—

(a) that an applicant must specify the amount that the applicant is willing to pay for the grant of the licence or the royalty regime that the applicant is prepared to accept under the licence; and

(b) the basis on which applications will be primarily decided.

45 Application for licences

(1) In addition to complying with section 58, an applicant for an extraction licence under this Division must submit—

(a) details of the applicant's relevant technical qualifications and of the relevant technical qualifications of the applicant's employees; and

(b) details of the relevant technical advice available to the applicant; and

(c) details of the financial resources available to the applicant; and

(d) the work programs proposed by the applicant; and

(e) the applicant's plans for consulting with parties likely to be affected by the proposed extraction; and

(f) an environmental report about the proposed extraction; and

(g) a plan to deal with any cultural heritage issue that may be affected by the proposed extraction; and

(h) any other information prescribed by the regulations.

(2) An applicant for an extraction licence responding to an invitation under section 44 must also submit any other information required in the invitation.

46 Chief factors to be considered in deciding applications

(1) The chief factors the Minister must take into account in determining whether an applicant under this Division is to be granted a licence are—

(a) the merits of the work program proposed by an applicant; and

(b) the likelihood that the work program will be carried out; and

(c) in the case of an application responding to an invitation under section 44, any other factors specified in the invitation.

(2) Nothing in this section requires the Minister to grant an application that, in the opinion of the Minister, is deficient or defective or not in the best interests of the people of Victoria.

47 Notice to be given to applicants

(1) If the Minister decides to grant an extraction licence, he or she must give the person granted the licence written notice of that decision within 14 days of making it.

(2) If the Minister decides not to grant an extraction licence, he or she must notify in writing any person who applied for the licence of that decision.

Division 3—General provisions

48 Minister may make new grant if former grant refused

(1) This section applies if the Minister decides to grant an extraction licence under this Part to an applicant but the applicant states in writing that the applicant does not intend to accept the grant.

(2) The Minister may grant the licence to any other applicant for the licence having regard to section 46.

(3) This section applies regardless of how many times the Minister has decided to grant the licence.

49 Restrictions on area to which licence applies

(1) In granting an extraction licence, the Minister must ensure that the licence area is the minimum area necessary—

(a) to cover the maximum extent of the relevant geothermal energy resource; and

(b) to enable future geothermal energy extraction and storage in relation to the resource.

(2) In the case of licences granted under Division 2, nothing in subsection (1) authorises the Minister to include in the licence area any area that was not within the area to which the licence holder's exploration permit or retention lease applied at the time the holder applied for the licence.

50 Term of licence

An extraction licence continues in force until it is surrendered or the Minister cancels it in accordance with this Act.

Division 4—Development plans

51 Geothermal energy extraction development plans

(1) A geothermal energy extraction development plan is a plan in relation to an extraction licence that outlines how geothermal energy extraction will be undertaken in the licence area.

(2) A geothermal energy extraction development plan must contain the details required by the regulations.

52 Development plan to be lodged before extraction can start

The holder of an extraction licence must not carry out geothermal energy extraction in the licence area unless the Minister has approved the geothermal energy extraction development plan for the licence area.

53 Development plan must be adhered to

The holder of an extraction licence must ensure that geothermal energy extraction in the licence area is carried out in accordance with the geothermal energy extraction development plan.

54 Minister may require variation of development plan

(1) The Minister may require the holder of an extraction licence to vary the geothermal energy extraction development plan that applies to the licence.

(2) The Minister may only do this after consulting with the holder of the licence.

55 Minister may permit variation of development plan

On the written application of the holder of an extraction licence, the Minister may permit the holder of the licence to vary the geothermal energy extraction development plan that applies, or is to apply, to the licence.

Part 5—Unit development

56 Unit development

(1) This section applies if a geothermal energy resource extends beyond the area of an extraction licence held by a person into adjacent areas that are covered by an authority held by another person.

(2) The Minister may require any person who is entitled to extract geothermal energy from the geothermal energy resource to enter into a co‑operative arrangement for the extraction of geothermal energy from the geothermal energy resource for one or more of the following purposes—

(a) to extract the geothermal energy as effectively as possible;

(b) to keep disruptions to the environment to a minimum.

(3) In making such a requirement, the Minister must ensure that—

(a) written notice of the requirement is given to each person on whom the requirement is made; and

(b) the notice specifies by when the requirement must be complied with; and

(c) the notice specifies how any dispute concerning the terms of the required co‑operative arrangement is to be resolved; and

(d) the notice specifies what action the Minister may take if the requirement is not complied with.

(4) For the purposes of subsection (3)(b), the Minister must allow a period of at least 90 days from the date the notice is given.

57 Minister may amend licence for unit development

Despite anything to the contrary in this Act, the Minister may amend an extraction licence (including any condition of the licence)—

(a) for the purpose of giving effect to a co‑operative arrangement made under section 56; or

(b) as a result of a failure of a person to comply with a requirement made under section 56, but only for the purpose of attempting to achieve to the maximum extent that is practicable the object that the requirement sought to achieve.

Pt 5A (Heading and ss 57A–57L) inserted by No. 64/2012 s. 4.

Part 5A—Special access authorisations

S. 57A inserted by No. 64/2012 s. 4.

57A Special access authorisation

(1) A special access authorisation authorises the person holding it to carry out the geothermal energy exploration specified in the authorisation in the area in respect of which it is granted.

(2) A special access authorisation does not authorise the holder of the authorisation to make a well.

(3) A special access authorisation does not give the holder of the authorisation any rights with respect to any geothermal energy within the area in respect of which it is granted.

(4) It is not necessary for the holder of a special access authorisation to be the holder of an exploration permit, a retention lease or an extraction licence.

S. 57B inserted by No. 64/2012 s. 4.

57B Application for authorisation

(1) A person may apply to the Minister for the grant of a special access authorisation in respect of any area.

(2) In addition to complying with section 58, an applicant for a special access authorisation—

(a) must describe and precisely identify the area in respect of which the authorisation is sought; and

(b) must describe in detail the geothermal energy exploration that the person seeks to carry out in that area; and

(c) must submit details of—

(i) its relevant technical qualifications and of the relevant technical qualifications of its employees; and

(ii) the relevant technical advice available to it; and

(iii) the financial resources available to it.

S. 57C inserted by No. 64/2012 s. 4.

57C General criteria the Minister must consider

(1) In determining whether or not to grant a special access authorisation, the Minister must take into account the geological and geophysical nature of the area in respect of which the application is made, and any discoveries that have been made in the area by any other person.

(2) The Minister must not grant an application for an authorisation unless he or she is satisfied that the applicant—

(a) has the technical qualifications (or has employees that have the technical qualifications), has access to the technical advice and has the financial resources that will be necessary to enable the geothermal energy exploration proposed in the application to be undertaken; and

(b) has the ability to comply with this Act.

(3) The Minister must not grant an authorisation in respect of an area unless he or she is satisfied that the size of the area is appropriate having regard to the geothermal energy exploration proposed in respect of the area by the person applying for the authorisation.

S. 57D inserted by No. 64/2012 s. 4.

57D Criteria that apply to permit, lease and licence areas

(1) This section applies if any part of the area in respect of which a special access authorisation is sought falls within an area that is the subject of an exploration permit, a retention lease or an extraction licence.

(2) The Minister must not grant an authorisation in respect of that part of the area unless—

(a) he or she has taken into account the work program of the holder of the permit, lease or licence; and

(b) he or she is satisfied that the geothermal energy exploration proposed to be carried out under the authorisation will not be detrimental to, or unduly interfere with, any current or proposed future geothermal energy exploration of the holder of the permit, lease or licence; and

(c) the holder of the permit, lease or licence has consented in writing to the issue of the authorisation in respect of that part of the area.

S. 57E inserted by No. 64/2012 s. 4.

57E Exception to section 57D

Despite section 57D(2)(c), the Minister may grant a special access authorisation in respect of an area that is the subject of an exploration permit, a retention lease or an extraction licence without the consent of the holder of the permit, lease or licence if—

(a) in the opinion of the Minister, the likely geological information to be gained if the authorisation is granted in respect of that area will be of significant benefit to Victoria; and

(b) the Minister—

(i) notifies the holder of the permit, lease or licence in writing that the Minister is proposing to exercise his or her powers under this section, and of the reasons why he or she is proposing to do so; and

(ii) gives the holder 28 days to make any submissions it wishes in relation to the proposal; and

(c) the Minister considers any submissions made in response to the notice and also takes into account any commercial consequences to the holder of the permit, lease or licence that may be likely if the authorisation is granted.

S. 57F inserted by No. 64/2012 s. 4.

57F Minister may vary area to which authorisation applies

In granting a special access authorisation, the Minister may vary in any way he or she considers appropriate the size or the boundaries of the area in respect of which the authorisation was sought.

S. 57G inserted by No. 64/2012 s. 4.

57G Authorisation does not give exclusive rights

(1) The Minister may grant a special access authorisation in respect of an area, or any part of an area, that is already the subject of another special access authorisation.

(2) The Minister may grant an exploration permit, a retention lease or an extraction licence in respect of an area, or any part of an area, that is already the subject of a special access authorisation.

S. 57H inserted by No. 64/2012 s. 4.

57H Term of authorisation

(1) A special access authorisation continues in force for the period specified on the authorisation by the Minister, unless it is cancelled or surrendered earlier or unless this Act otherwise provides.

(2) The Minister may specify a period of up to 1 year on the authorisation.

S. 57I inserted by No. 64/2012 s. 4.

57I Extension of term of authorisation

(1) On the application of the holder of a special access authorisation, the Minister may extend the period for which the authorisation remains in force by up to 1 year.

(2) The Minister may only grant such an extension once in relation to an authorisation.

S. 57J inserted by No. 64/2012 s. 4.

57J Permit, lease or licence holder not liable for actions of authorisation holder

(1) This section applies if any part of the area in respect of which a special access authorisation is granted falls within an area that is the subject of an exploration permit, a retention lease or an extraction licence.

(2) The holder of the permit, lease or licence is not liable in any way for any thing that is done or not done by the holder of the authorisation.

(3) Subsection (2) applies even if the holder of the permit, lease or licence consented to the granting of the authorisation in respect of the permit, lease or licence area.

S. 57K inserted by No. 64/2012 s. 4.

57K Authorisation holder must give data to the Minister

(1) The holder of a special access authorisation must give a copy of all factual information obtained as a result of geothermal energy exploration carried out under the authorisation to the Minister within 30 days of the information being obtained.

(2) A reference to factual information in this section includes any report compiled on the basis of information obtained under the authorisation.

S. 57L inserted by No. 64/2012 s. 4.

57L Authorisation holder must give data to permit, lease or licence holder

(1) This section applies if any part of a special access authorisation area falls within an area that is the subject of an exploration permit, a retention lease or an extraction licence.

(2) The holder of the authorisation must give a copy of any factual information obtained as a result of geothermal energy exploration carried out under the authorisation in that part of the area to the holder of the permit, lease or licence within 30 days after completing in that part of the area the geothermal energy exploration from which the information was obtained.

(3) If there is an agreement between the holder of the authorisation and the holder of the permit, lease or licence in relation to the supply of the information, that agreement prevails over anything to the contrary in this section.

(4) A person must not impose any conditions on the supply of information under this section.

(5) A person must comply with any obligation imposed on it by this section.

Pt 5B (Heading and ss 57M–57W) inserted by No. 64/2012 s. 4.

Part 5B—Special drilling authorisations

S. 57M inserted by No. 64/2012 s. 4.

57M Special drilling authorisation

(1) A special drilling authorisation authorises—

(a) a holder of an exploration permit, retention lease, extraction licence—

(i) to carry out geothermal energy exploration in the drilling authorisation area; and

(ii) to do anything in the drilling authorisation area that is necessary for the purposes of subparagraph (i);

(b) a holder of an extraction licence—

(i) to carry out geothermal energy extraction in the drilling authorisation area; and

(ii) to do anything in the drilling authorisation area that is necessary for the purposes of subparagraph (i).

(2) A special drilling authorisation does not give a current authority holder any rights in respect of resources in the drilling authorisation area.

S. 57N inserted by No. 64/2012 s. 4.

57N Application for special drilling authorisation

(1) A current authority holder may apply to the Minister for the grant of a special drilling authorisation in respect of an area adjacent to the area set out in the primary authorisation held by the holder.

(2) In addition to complying with section 58, an applicant for a special drilling authorisation must—

(a) describe and precisely identify the area in respect of which the authorisation is sought; and

(b) describe in detail the geothermal energy operation that the person seeks to carry out in that area; and

(c) submit details of—

(i) its relevant technical qualifications and of the relevant technical qualifications of its employees; and

(ii) the relevant technical advice available to it; and

(iii) the financial resources available to it.

S. 57O inserted by No. 64/2012 s. 4.

57O General criteria the Minister must consider

(1) The Minister must not grant an application for an authorisation unless the Minister is satisfied that the applicant holds a primary authorisation in respect of an area that is adjacent to the proposed drilling authorisation area.

(2) The Minister must not grant an authorisation in respect of an area unless the Minister is satisfied that the size of the area is appropriate having regard to the geothermal energy operation proposed in respect of the area by the person applying for the authorisation.

S. 57P inserted by No. 64/2012 s. 4.

57P Criteria that apply to permit, lease and licence areas

(1) This section applies if any part of the area in respect of which a special drilling authorisation is sought falls within an area that is the subject of an exploration permit, retention lease or extraction licence held by a current authority holder who is not the applicant.

(2) The Minister must not grant an authorisation in respect of that part of the area unless that current authority holder has consented in writing to the issue of the authorisation in respect of that part of the area.

S. 57Q inserted by No. 64/2012 s. 4.

57Q Exception to section 57P

Despite section 57P(2), the Minister may grant a special drilling authorisation in respect of an area that is the subject of a primary authorisation held by a current authority holder who is not the applicant without the consent of that holder if—

(a) the Minister—

(i) notifies that holder in writing that the Minister is proposing to exercise the Minister's powers under this section, and of the reasons why the Minister is proposing to do so; and

(ii) gives that holder 28 days to make any submissions it wishes in relation to the proposal; and

(b) the Minister considers any submissions made in response to the notice and also takes into account any commercial consequences to that holder that may be likely if the authorisation is granted.

S. 57R inserted by No. 64/2012 s. 4.

57R Minister may vary area to which authorisation applies

In granting a special drilling authorisation, the Minister may vary in any way the Minister considers appropriate the size or the boundaries of the area in respect of which the authorisation was sought.

S. 57S inserted by No. 64/2012 s. 4.

57S Authorisation does not give exclusive rights

(1) The Minister may grant a special drilling authorisation in respect of an area, or any part of an area, that is already the subject of another special drilling authorisation.

(2) The Minister must not grant a special drilling authorisation in respect of an area, or any part of an area, that is already the subject of another special drilling authorisation unless—

(a) the Minister has taken into account the work program of the current holder of the special drilling authorisation; and

(b) the Minister is satisfied that the geothermal energy operation proposed to be carried out under the authorisation will not be detrimental to, or unduly interfere with, any current or proposed future geothermal energy operation of the current holder of the special drilling authorisation; and

(c) the current holder of the special drilling authorisation has consented in writing to the issue of another special drilling authorisation in respect of that part of the area.

(3) The Minister may grant an exploration permit, a retention lease or an extraction licence in respect of an area, or any part of an area, that is already the subject of a special drilling authorisation.

S. 57T inserted by No. 64/2012 s. 4.

57T Term of authorisation

A special drilling authorisation continues in force for the period specified in the authorisation by the Minister—

(a) until it is cancelled by the Minister; or

(b) until it is surrendered; or

(c) until a primary authorisation in respect of or adjacent to the drilling authorisation area specified in the authorisation expires or is surrendered, cancelled or terminated; or

(d) unless this Act otherwise provides.

S. 57U inserted by No. 64/2012 s. 4.

57U Existing permit, lease or licence holder not liable for actions of authorisation holder

(1) This section applies if any part of the drilling authorisation area falls within an area that is the subject of a primary authorisation held by a current authority holder who is not the holder of a special drilling authorisation.

(2) The current authority holder is not liable in any way for any thing that is done or not done by the holder of the special drilling authorisation.

(3) Subsection (2) applies even if the current authority holder consented to the granting of the special drilling authorisation in respect of the drilling authorisation area.

S. 57V inserted by No. 64/2012 s. 4.

57V Authorisation holder must give data to the Minister

(1) The holder of a special drilling authorisation must give a copy of all factual information obtained as a result of a geothermal energy operation carried out under the authorisation to the Minister within 30 days of the information being obtained.

(2) A reference to factual information in this section includes any report compiled on the basis of information obtained under the authorisation.

S. 57W inserted by No. 64/2012 s. 4.

57W Authorisation holder must give data to permit, lease or licence holder

(1) This section applies if any part of a special drilling authorisation area falls within an area that is the subject of a primary authorisation held by a current authority holder who is not the holder of the special drilling authorisation.

(2) The holder of a special drilling authorisation must give a copy of any factual information obtained as a result of a geothermal energy operation carried out under the authorisation in that part of the area to the current authority holder within 30 days after completing in that part of the area the operation from which the information was obtained.

(3) If there is an agreement between the holder of the authorisation and the current authority holder in relation to the supply of the information, that agreement prevails over anything to the contrary in this section.

(4) A person must not impose any conditions on the supply of information under this section.

(5) A person must comply with any obligation imposed on the person by this section.

Part 6—Provisions applying to authorities generally

Division 1—Applications

58 Applications for authorities

(1) An applicant for an authority—

(a) must apply for the authority in the manner required by the Minister; and

(b) must submit a proposed work program and details of how much the applicant intends to spend on each part of that program; and

(c) must submit details of any matter required by the Minister to enable the Minister to assess the application; and

(d) must submit evidence of the applicant's ability to comply with this Act; and

(e) may set out other matters for the consideration of the Minister.

(2) In the case of an applicant for a retention lease who does not intend to carry out any geothermal energy operations under the lease, it is sufficient compliance with subsection (1)(b) if the applicant submits a document declaring that intention.

59 Applications are not transferable

An application for an authority is not transferable.

60 Existing permits and leases continue until renewal applications etc. decided

(a) an application is made for—

(i) the renewal of an exploration permit; or

(ii) a retention lease in respect of an area held under an exploration permit; or

(iii) an extraction licence in respect of an area held under a retention lease or an exploration permit; and

(b) the application has not been determined at the time the original permit or lease is due to expire.

(2) The original permit or lease continues in force until the first of these events occurs—

(a) the Minister gives the applicant a written notice of refusal to grant the application; or

(b) if the application is granted, the lease, licence or new permit takes effect; or

(c) the application is withdrawn or lapses.

(3) If the application is not made in respect of exactly the same area to which the original permit or lease applies, subsection (2) only applies to the area that is common to the original permit or lease and the area in respect of which the application is made.

Division 2—Requirements

61 Work programs

A work program in relation to an authority is a document that—

(a) outlines the work that it is intended to do under the authority; and

(b) outlines how the work is to be structured and the intended extent of the work; and

(c) sets out proposed timelines for the various phases of the work; and

(d) is in the form required by the regulations; and

(e) contains any other details required by the regulations.

S. 61A inserted by No. 64/2012 s. 5.

61A Production operations also override planning schemes

(1) The holder of an extraction licence may be granted a permit under a planning scheme to carry out in the licence area for that licence any geothermal energy extraction authorised by that licence.

(2) In addition, if the holder of the extraction licence holds a special drilling authorisation, the holder may be granted a permit under a planning scheme to carry out in the drilling authorisation area for that authorisation any geothermal energy extraction authorised by that authorisation.

(3) Subsections (1) and (2) apply despite anything to the contrary in a planning scheme that applies to a licence area or drilling authorisation area mentioned in those subsections.

Note

See also section 63A which sets out the statutory condition that applies to an authority.

S. 62 amended by No. 64/2012 s. 6(1)(2).

62 Planning permits

Despite the Planning and Environment Act 1987 and any planning scheme approved under that Act, the holder of an extraction licence or a special drilling authorisation is not required to obtain a permit under a planning scheme to carry out the geothermal energy extraction authorised by the licence or authorisation if—

S. 62(a) amended by No. 64/2012 s. 6(3)(a).

(a) an Environment Effects Statement has been prepared under the Environment Effects Act 1978 in relation to the carrying out of the geothermal energy extraction; and

(b) an assessment of that Statement by the Minister administering the Environment Effects Act 1978 has been submitted to the Minister; and

S. 62(c) amended by No. 64/2012 s. 6(3)(b).

(c) the Minister has, after consideration of the assessment, authorised the holder of the licence or the authorisation in writing to carry out the geothermal energy extraction.

Division 3—Conditions

63 Conditions that may apply to authorities

(1) The Minister may specify that an authority to be granted is to be subject to any conditions that he or she considers to be appropriate.

(2) The Minister may also specify that a person must comply with any conditions that the Minister considers to be appropriate before the Minister will issue an authority to the person.

(3) Without limiting the conditions the Minister may specify under this section, the Minister may specify conditions—

(a) relating to the operations that are to be carried out under the authority;

(b) requiring the expenditure of a minimum amount of money in relation to operations under the authority;

(c) requiring the carrying out of approved work programs during the term of the authority;

(d) concerning the protection of the environment;

(e) concerning the rehabilitation of any land affected by operations under the authority;

(f) requiring compliance with any written directions of the Minister in relation to any matters covered by the authority that are not otherwise the subject of a condition;

(g) requiring the holder of the authority to obtain specified approvals or submit specified information to the Minister before beginning a specified operation or using specified equipment;

(h) requiring the holder of the authority to provide other specified information to the Minister.

S. 63A inserted by No. 64/2012 s. 7.

63A Statutory condition of authority

(1) In addition to the conditions specified on the authority by the Minister under this Part, an authority is subject to the condition that the holder of the authority must comply with all applicable laws in carrying out any geothermal energy operation under the authority.

(2) Despite anything to the contrary in this Act (other than section 62 or Division 9 of Part 6) this condition cannot be varied.

S. 63C inserted by No. 68/2014 s. 4.

63C Further statutory condition of authority—agreements under Traditional Owner Settlement Act 2010

In addition to any other conditions, an authority is subject to the condition that the holder of the authority comply with any conditions specified in a land use activity agreement under section 31(3) of the Traditional Owner Settlement Act 2010 that were accepted by the applicant for the authority.

64 Minister may vary conditions unilaterally

(1) The Minister may vary any condition imposed on an authority.

(2) To vary a condition, the Minister must—

(a) notify the holder of the authority in writing of the variation the Minister proposes to make and invite the holder to make any submissions in respect of the proposal within the time specified by the Minister; and

(b) consider any submissions made by the holder of the authority.

(3) The Minister must allow a period of at least 28 days for the holder to make submissions.

(4) If, after complying with subsection (2), the Minister decides to vary the condition, he or she must give the holder of the authority notice in writing of the decision.

(5) The Minister may only vary a condition on a retention lease or an extraction licence if at least 5 years have elapsed since the condition was imposed or last varied (whichever is the later event) under this section.

(6) For the purposes of subsection (5), a condition is not imposed or varied if the holder of the authority, in response to a notice under subsection (2)(a), does not object to the imposition or variation of the condition.

65 Minister may vary conditions by consent

(1) On the application of the holder of an authority, the Minister may vary any condition imposed on the authority.

(2) In varying a condition under this section, the Minister—

(a) may also vary any condition that is associated with the condition that is to be varied; and

(b) need not vary the condition in exactly the way sought in the application.

(3) The holder of the authority may withdraw an application if the Minister indicates that he or she will exercise his or her powers under subsection (2) in granting the application.

(4) The Minister may not, under this section, vary a condition imposed on an authority if the holder of the authority has withdrawn their application to vary the condition.

66 Variation of conditions on renewal, consolidation or transfer

(1) The Minister may vary the conditions that apply to an authority on renewing, wholly transferring or consolidating that authority.

(2) On transferring part of an authority area to another authority, the Minister may vary the conditions that apply to the area that is being transferred.

67 Suspension of conditions

(1) On the application of the holder of an authority, the Minister may suspend any condition imposed on an authority for a period of up to 1 year.

(2) In suspending a condition under this section, the Minister—

(a) may also suspend any associated condition; and

(b) need not suspend the condition in exactly the way, or on the terms, sought in the application; and

(c) may impose conditions in relation to the suspension.

(3) The holder of the authority may withdraw an application if the Minister indicates that he or she will exercise his or her powers under subsection (2) in granting the application.

(4) The Minister may not, under this section, suspend a condition imposed on an authority if the holder of the authority has withdrawn the application to suspend the condition.

(5) The holder of an authority that has a condition suspended must comply with any conditions imposed by the Minister under subsection (2)(c).

(6) While a condition of an authority is suspended, the holder of the authority need not comply with the condition.

(7) Subsection (6) does not apply during any time that the holder of the authority is not complying with a condition imposed under subsection (2)(c).

(8) The Minister may suspend under this section all of the conditions that apply to an authority.

68 Term of authority may be extended if condition suspended

If the Minister suspends a condition of an authority, the Minister may also extend the term of the authority by a period not exceeding the period of the suspension.

Division 4—Transfers of authorities

69 Transfers

(1) The holder of an authority must not transfer the authority or any legal or equitable interest in the authority to another person, unless the holder or the person to whom the authority is to be transferred has applied and obtained the approval of the Minister to the transfer.

(2) A person applying for the approval of a transfer—

(a) must apply for the approval in the manner required by the Minister; and

(b) must submit the following details concerning the person to whom the authority is to be transferred—

(i) the person's relevant technical qualifications and the relevant technical qualifications of the person's employees; and

(ii) the relevant technical advice available to the person; and

(iii) the financial resources available to the person; and

(c) must submit evidence of the ability of the person to whom the authority is to be transferred to comply with this Act; and

(d) must submit any other details or matter required by the Minister to enable the Minister to assess the application; and

(e) may set out other matters that the person wishes the Minister to consider; and

(f) must submit a transfer document in the form approved by the Minister that has been executed by the parties to the proposed transfer.

S. 69A inserted by No. 64/2012 s. 8.

69A Transfers in relation to special drilling authorisations

(1) This section applies if a primary authorisation that is the basis for a special drilling authorisation granted under Part 5B is transferred under this Act.

(2) Despite anything to the contrary in this Act, the special drilling authorisation to which that primary authorisation relates is taken to be transferred to the person to whom the primary authorisation is transferred on the same day the primary authorisation is transferred.

70 Matters Minister must consider in assessing transfer application

(1) The Minister may approve the transfer of an authority if, in the opinion of the Minister, the transfer will maintain or increase geothermal energy operations in the authority area.

(2) Despite subsection (1), the Minister may approve the transfer of a retention lease even though the Minister is not of the opinion that the transfer will maintain or increase geothermal energy operations in the authority area.

(3) The Minister must not approve the transfer of an authority that, in his or her opinion, is not in the best interests of the people of Victoria.

71 Execution of transfer document insufficient to create interest

The mere execution of a document purporting to transfer an authority creates no interest in the authority unless the authority is registered under Part 13.

72 Partial transfers of permits and licences

(1) The holder of an exploration permit or an extraction licence may apply to the Minister to transfer part of the area specified in the permit or licence to another person.

(2) The Minister may transfer the area specified in the permit or licence if, in the opinion of the Minister, the transfer will maintain or increase geothermal energy operations in that area.

(3) A transfer is to be effected by the issue of a separate permit or licence to the other person.

(4) The separate permit or licence—

(a) expires when the permit or licence from which it was derived expires; and

(b) is subject to the same conditions as applied to that permit or licence (unless those conditions are varied by the Minister in accordance with this Act).

(5) The Minister must not approve a transfer under this section that, in his or her opinion, is not in the best interests of the people of Victoria.

Division 5—Surrender or cancellation of authorities

73 Surrender of authority

(1) The holder of an authority may surrender the authority with the consent of the Minister.

(2) The Minister must not give consent to the surrender of an authority unless satisfied that the holder of the authority—

(a) has complied with all the relevant requirements of this Act in relation to the authority; and

(b) has complied with all of the conditions that apply to the authority.

(3) The Minister must not unreasonably refuse to give consent under this section.

(4) If the Minister is not satisfied as to any matter referred to in subsection (2)(a) or (b), he or she may still consent to the surrender of the authority if satisfied that the failure to comply with the relevant requirement was the result of one or more events beyond the control of the holder of the authority.

S. 73A inserted by No. 64/2012 s. 9.

73A Partial surrender of authority

(1) The holder of an authority may apply to the Minister for the Minister's consent to the surrender of part of the area to which the authority applies.

(2) The Minister must not give his or her consent to the surrender of the part of the area unless he or she is satisfied that the holder of the authority has complied with all of the requirements listed in section 73(2) in respect of the part of the area.

(3) The Minister may make the giving of his or her consent conditional on the holder of the authority agreeing to the variation of the conditions that apply to the area that will be retained under the authority.

(4) Section 73(3) and (4) also apply to applications for consent under this section.

74 Cancellation of authority

The Minister may cancel an authority if—

(a) the holder of the authority has not complied with the work program that was to have been carried out under the authority; or

S. 74(b) amended by No. 64/2012 s. 10.

(b) any condition of the authority or any of the provisions of this Act that apply to the authority have not been complied with; or

(c) the holder of the authority has failed to maintain any insurance policy it is required to maintain under this Act or has failed to lodge any bond it was required to lodge under this Act; or

(d) any geothermal energy operation carried out under the authority has caused an unexpected significant adverse impact on the environment; or

(e) the holder of the authority fails to observe good practices in relation to exploration or extraction; or

(f) the holder of the authority no longer has the funds to carry out its work program; or

(g) the holder of the authority has not paid any amount that is payable under this Act within 90 days after it was due and within 30 days after receiving a written notice from the Minister warning of the Minister's power under this provision; or

S. 74(h) amended by No. 4/2008 s. 32(Sch. item 13).

(h) the holder of the authority becomes an insolvent under administration; or

(i) no geothermal energy operations have been carried out over a continuous period of 5 years.

S. 74A inserted by No. 64/2012 s. 11.

74A Special drilling authorisation suspended or cancelled if primary authorisation suspended or cancelled

(1) If a primary authorisation that is the basis for a special drilling authorisation granted under Part 5B is cancelled under this Act, the special drilling authorisation that relates to that primary authorisation is taken to be cancelled on the same day the primary authorisation is cancelled.

(2) If a primary authorisation that is the basis for a special drilling authorisation granted under Part 5B is suspended under this Act, the special drilling authorisation that relates to that primary authorisation is taken to be suspended on the same day the primary authorisation is suspended.

S. 74B inserted by No. 64/2012 s. 11.

74B Special drilling authorisation expires if primary authorisation expires

If a primary authorisation that is the basis for a special drilling authorisation granted under Part 5B expires under this Act, the special drilling authorisation that relates to that primary authorisation is taken to expire on the same day the primary authorisation expires.

75 Additional grounds for the cancellation or partial cancellation of extraction licence

(1) The Minister may also cancel an extraction licence if the Minister is satisfied—

(a) that it is no longer commercially viable to extract geothermal energy or geothermal energy resources in the licence area; or

(b) that no geothermal energy or geothermal energy resources are being extracted in the licence area and the holder of the licence has no present intention to extract geothermal energy or geothermal energy resources in that area in the immediate future; or

(c) that no geothermal energy or geothermal energy resources have been extracted in the licence area in the last 2 years.

(2) The Minister may amend an extraction licence to remove an area specified in the licence from the licence area if—

(a) the holder of the licence has failed to comply with a condition of the licence with respect to the area to be removed from the licence area; or

(b) the Minister is satisfied that it is no longer commercially viable to extract geothermal energy or geothermal energy resources in the area to be removed from the licence area; or

(c) the area to be removed from the licence area is not subject to a work program.

76 Procedure to be followed before authority cancelled

The Minister must not cancel an authority under this Act unless he or she—

(a) has given the holder of the authority a written notice—

(i) stating that the Minister believes that there may be grounds for—

(A) cancelling the authority; or

(B) in the case of an extraction licence, removing an area specified in the licence from the licence area; and

(ii) providing details of those grounds and providing a copy of the information available to the Minister concerning those grounds; and

(iii) inviting the holder of the authority to submit to the Minister, within 30 days after the date the holder of the authority is given the notice, any material that the holder wishes to submit; and

(b) has considered any material submitted by the holder of the authority in response to the notice; and

(c) is satisfied that one of the grounds set out in section 74 or 75 that is relevant to the authority exists.

77 Minister may give directions if an authority is surrendered or cancelled or expires

(a) an authority is surrendered or cancelled or expires; or

(b) an area is removed from an authority area as the result of action taken by the Minister under section 75(2).

(2) The Minister may direct the person who held the authority immediately before the surrender, cancellation, expiry or removal to do one or more of the following to the satisfaction of the Minister—

(a) to remove, or cause to be removed, from the relevant area all property brought into that area under the authority, or to make other arrangements with respect to that property;

(b) to provide for the conservation and protection of the natural resources in the relevant area;

(c) to make good any damage to the surface of the land or the subsoil in the relevant area caused by any person engaged or concerned in the operations conducted under the authority;

(d) to give to the Minister any information that the person was obliged to give to the Minister.

(3) A direction must be given in writing and must specify by when it must be complied with.

(4) A person to whom a direction is given must comply with the direction within the time specified in the direction.

(5) Nothing in this section requires the Minister to give a direction to any person.

(6) In this section relevant area means—

(a) if an authority expires or is surrendered or cancelled in its entirety, the area to which the authority applied; and

(b) in any other case, the area to which the authority no longer applies.

Division 6—Consolidation of authorities

78 Consolidation of adjoining authorities

(1) This section applies if the same person holds 2 or more authorities of the same type and each of the authority areas has at least one common boundary with another of those authority areas.

(2) The person may apply to the Minister to have a single authority of that type issued in respect of all of those authorities.

(3) The Minister may grant an application if satisfied—

(a) that the consolidation of the authorities will not affect the work programs being, or to be, conducted under each of the authorities in respect of which the application is made; and

(b) that the consolidated authority area will form one continuous parcel of land.

(4) An authority that is the result of the consolidation of 2 or more authorities expires on the earliest date any of the authorities that have been consolidated would have expired.

(5) The Minister must not consolidate 2 or more exploration permits under this section into an exploration permit that has a permit area of more than 12 500 square kilometres.

Pt 6 Div. 7 (Heading and s. 78A) inserted by No. 74/2010 s. 27.

Division 7—Nature of authorities

S. 78A inserted by No. 74/2010 s. 27.

78A Authorities not personal property

For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, an authority is declared not to be personal property.

Pt 6 Div. 8 (Heading and ss 78B–78D) inserted by No. 64/2012 s. 12.

Division 8—Miscellaneous matters

S. 78B inserted by No. 64/2012 s. 12.

78B Excision of area does not affect authority

The excision of an area from an authority area does not affect the authority except in the ways expressly provided for in this Act.

S. 78C inserted by No. 64/2012 s. 12.

78C Expedited procedure for replacement of invalidated title

(a) a court or tribunal finds an authority to be wholly or partly invalid and the invalidity stems from circumstances that were beyond the control of the holder of the authority; and

(b) the person who held the authority applies within 60 days after the finding to the Minister for the grant of an authority of the same type for all or part of the former authority area.

(2) The Minister may grant the authority to the person without the need to comply with any procedural requirement that would usually apply to the grant of such an authority.

(3) In granting an authority under this section, the Minister may impose any conditions the Minister considers to be appropriate on the authority.

S. 78D inserted by No. 64/2012 s. 12.

78D Occupiers liability

(1) For the purposes of Part IIA of the Wrongs Act 1958 and the rules of common law with respect to the liability of occupiers to people entering on their premises, the holder of an authority is the occupier of that part of any premises on which any geothermal energy operation is being carried out under the authority, and not any other person.

(2) An occupier of any premises that is in an area to which an authority applies does not, unless the occupier is also the holder of the authority, owe a duty to take care of any person entering on those premises for the purpose of carrying out an operation under the authority.

(3) Subsection (2) applies despite anything to the contrary in Part IIA of the Wrongs Act 1958 or the rules of common law with respect to the liability of an occupier to a person entering on the occupier's premises.

(4) Nothing in subsection (2) limits any other duty owed by an occupier to a person entering on the occupier's premises in the circumstances described in that subsection.

Pt 6 Div. 9 (Heading and ss 78E, 78F) inserted by No. 64/2012 s. 12.

Division 9—Planning matters

S. 78E inserted by No. 64/2012 s. 12.

78E Exploration under authority overrides planning schemes

(1) The holder of an authority may carry out in accordance with the authority geothermal energy exploration in the authority area—

(a) without obtaining a permit under the planning scheme that applies to the authority area; and

(b) without complying with any conditions specified in that planning scheme in relation to the use or development of that land for exploration.

(2) Subsection (1) applies even if the planning scheme wholly or partly prohibits the use or development of the authority area for exploration.

S. 78F inserted by No. 64/2012 s. 12.

78F Amendments to planning schemes to facilitate exploration and extraction

(1) In addition to any other power to prepare, adopt or approve amendments to planning schemes, the Minister administering the Planning and Environment Act 1987 may—

(a) on the recommendation of the Minister, prepare; and

(b) adopt and approve—

amendments to any planning scheme to facilitate geothermal energy operation on any land to which the planning scheme applies.

(2) Without limiting what an amendment may include, an amendment prepared under subsection (1) may provide that, in the circumstances set out in section 62, no permit is required to do any thing authorised by an authority.

(3) The Planning and Environment Act 1987 (except section 12(2), Divisions 1 and 2 of Part 3 and section 39(1) to (5) and any regulations made for the purposes of those provisions) applies to the preparation, adoption and approval of an amendment under subsection (1).

(4) Section 39(7) of the Planning and Environment Act 1987 applies to an amendment prepared, adopted or approved under subsection (1) as if before "Division 1" there were inserted "section 12(1) or".

(5) Section 39(8) of the Planning and Environment Act 1987 applies to an amendment prepared or adopted under subsection (1) as if—

(a) the expression "Except for an application under this section," were deleted; and

(b) before "Division 1" there were inserted "section 12(1) or".

(6) Section 46 of the Planning and Environment Act 1987 does not apply to a planning scheme to the extent to which, because of an amendment prepared, adopted or approved under subsection (1), it is expressed or purports to deal with any land that has been permanently reserved for any purpose set out in section 4 of the Crown Land (Reserves) Act 1978 in any manner inconsistent with that reservation.

(7) Nothing in this section prevents either House of Parliament exercising its power under section 38 of the Planning and Environment Act 1987.

Part 7—Requirements before operations allowed on land

Division 1—Wilderness Crown land

79 Operations on wilderness land barred

(1) A person must not carry out any geothermal energy operation on land that is a marine national park, a marine sanctuary, a reference area under the Reference Areas Act 1978 or a wilderness zone or wilderness park under the National Parks Act 1975.

(2) No authority granted under this Act can authorise any activity prohibited by subsection (1).

Division 2—Operations requiring prior consent

80 Consent of Minister needed

(1) The holder of an authority must not carry out any geothermal energy operation on any land without the written consent of the Minister.

(2) The giving of consent by the Minister—

(a) does not relieve the holder of the authority from the requirement to obtain any consents or other authorities required, or comply with any other requirements imposed, by or under this or any other Act; and

(b) does not relieve the holder of the authority from liability under this or any other Act for a failure to obtain any necessary consent or other authority or to comply with any applicable requirement.

Note to s. 80 inserted by No. 62/2010 s. 138.

Note

The giving of a consent under this section may be a land use activity under the Traditional Owner Settlement Act 2010 if it relates to public land to which a land use activity agreement under that Act applies.

S. 81 amended by No. 63/2006 s. 61(Sch. item 17.2).

81 Geothermal energy operations on restricted Crown land

A person must not carry out any geothermal energy operation on any land specified in Schedule 3 to the Mineral Resources (Sustainable Development) Act 1990 without the written consent of the Minister responsible for that land.

82 Geothermal energy operations on water authority land

S. 82(1) substituted by No. 17/2012 s. 87.

(1) In this section, water authority means an Authority within the meaning of the Water Act 1989 that has a water district or a sewerage district under that Act.

(2) A person must not carry out any geothermal energy operation on any land that is owned, vested in or managed or controlled by a water authority without the written consent of the water authority.

(3) A person must not carry out any geothermal energy operation that involves work at a depth of more than 0·75 metres below any land that is within 100 metres of—

(a) a waterway that is owned by, vested in or managed or controlled by a water authority; or

(b) any main drains, sewers, aqueducts, channels or pipelines of a water authority—

without the written consent of the water authority.

83 Provisions applying to consents

(1) If the consent of a person or body is sought for the purposes of this Division, the person or body—

(a) must not unreasonably withhold that consent; and

(b) may impose any conditions the person or body considers to be appropriate in giving that consent; and

(c) must give or refuse to give that consent within 28 days (or any longer period allowed by the Minister) after the consent is sought.

(2) A person or body (other than a native title holder) which does not comply with subsection (1)(c) in relation to any land is deemed to have given the consent sought.

84 Right to seek review of refusal to give consent

(1) A person who sought a consent for the purposes of this Division may apply to the Tribunal for a review of a decision—

(a) to refuse to give the consent; or

(b) to impose a condition on the consent.

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the applicant requests a statement of reasons for the decision, the day on which the statement of reasons is given to the applicant or the applicant is informed under section 46(5) of that Act that a statement of reasons will not be given.

Division 3—Operations requiring notice

85 Operations on unrestricted Crown land

(1) A person must not carry out any significant operation on any unrestricted Crown land as part of a geothermal energy operation unless the person has consulted the Minister responsible for controlling or managing the land.

S. 85(2) amended by No. 39/2018 s. 38(2).

(2) If a person has complied with subsection (1) and the conditions of the relevant authority, the person may carry out the operation without the need to obtain any other consent or authority, despite anything to the contrary in any Act or subordinate instrument other than the Environment Protection Act 2017, the Flora and Fauna Guarantee Act 1988, the Water Act 1989 and the Forests (Fire Protection) Regulations 2004.

86 Notice to be given before operation carried out on any land

(1) A person must not carry out any geothermal energy operation on any land unless the person gives the owner, occupier or person or body responsible for the management of the land a written notice outlining the proposed operation at least 21 days before the activity starts.

(2) The owner, occupier or person or body may waive all or part of the 21 day notice period.

(3) In the case of unrestricted Crown land, the notice required by this section must be given to the Minister responsible for controlling or managing the land.

Division 4—Other matters

S. 87 amended by No. 16/2006 s. 198(Sch. 2 item 4).

87 Areas of aboriginal significance

Before carrying out any geothermal energy operation on any land, the holder of the authority under which the operation is to be carried out must take reasonable steps to ensure that the operation will not contravene the Aboriginal Heritage Act 2006.

Part 8—Compensation

88 Requirements before operation starts

(1) A person must not carry out any geothermal energy operation on private land unless—

(a) the person has obtained the consent of the owners and occupiers of the land to the operation; or

(b) the person has entered into a compensation agreement with the owners and occupiers of the land in relation to the operation; or

(c) the Tribunal has determined the amount of compensation that is payable to the owners and occupiers of the land under this Act in relation to the operation.

(2) Subsection (1) does not apply to any land that is owned by the person.

89 What compensation is payable for—private land and native title interests

(1) Compensation is payable by an authority holder to the owners and occupiers of private land and to native title holders for any loss or damage that has been, or will be, sustained to their interests held in relation to the land as a direct, natural and reasonable consequence of the approval of any geothermal energy operation or the carrying out of any geothermal energy operation under the authority including for—

(a) deprivation of possession of the whole, or any part, of the surface of the land; and

(b) damage to the surface of the land; and

(c) damage to any improvements on the land; and

(d) severance of the land from other land of the owner or occupier; and

(e) loss of amenity, including recreation and conservation values; and

(f) loss of opportunity to make any planned improvement on the land; and

(g) any decrease in the market value of the owner or occupier's interest in the land.

(2) Compensation is not payable in respect of any land which only became private land after a geothermal energy operation under the authority started on that land.

(3) The amount of compensation payable under subsection (1)—

(a) must, if it is necessary for the owner or occupier of land to obtain replacement land, take account of the reasonable incidental expenses incurred in obtaining and moving to that land; and

(b) may be increased by up to 10% by way of solatium to compensate the owner or occupier for intangible and non-pecuniary disadvantages for which compensation is not otherwise payable and that result from the approval or the carrying out of the operation.

(4) Any amount of compensation paid, agreed to be paid or determined under this Part is not affected by any subsequent change in the ownership or occupancy of the land.

(5) An authority holder is not liable to pay any greater total amount of compensation because of a change in the ownership or occupancy of the land.

(6) If—

(a) a person is entitled to compensation on just terms (within the meaning of the Native Title Act) in respect of any loss or damage in relation to their interests as a native title holder under subsections (1) and (2); and

(b) the compensation the person receives under this section (apart from this subsection) does not amount to compensation on just terms—

the person is entitled to any additional compensation that is necessary to ensure that compensation is paid on just terms.

(7) In this section, planned improvement, in relation to land, means an improvement on the land in respect of which the owner or occupier had, before an application for an authority covering that land was made—

(a) applied for, or been granted, a building permit or a planning permit; or

(b) otherwise demonstrated a genuine intention to proceed with the improvement.

90 Compensation not payable for geothermal energy

Compensation is not payable for the value of any geothermal energy or any geothermal energy resource in or under the surface of any land.

91 What compensation is payable for—Crown land

(1) This section applies if the Minister is of the opinion that the approval of a geothermal energy operation, or the carrying out of any geothermal energy operation under an authority, in relation to any Crown land has, or will, result in loss or damage of the following nature being sustained as a direct, natural and reasonable consequence of the approval, or the carrying out of the operation—

(a) deprivation of possession of the whole, or any part of the surface, of the land; or

(b) damage to the surface of the land to such an extent that it cannot be rehabilitated and returned to its former, or a comparable, state; or

(c) damage to any improvements on the land; or

(d) severance of the land from any other Crown land; or

(e) loss of opportunity to make any planned improvement on the land.

(2) The Minister may require the holder of the authority to pay compensation for the loss or damage—

(a) to the Crown; or

(b) to any person who is authorised to undertake activities on the land under a lease, licence, permit or other authority granted under an Act.

(3) In determining whether compensation should be paid under subsection (2)(a), the Minister must take into account any benefits that may accrue to the people of Victoria from the geothermal energy operation.

(4) In determining the amount of compensation to be paid, the Minister may, if it is necessary for the Crown to obtain replacement land, take account of the reasonable incidental expenses incurred in obtaining that land.

(5) If the Minister determines that compensation should be paid to a person referred to in subsection (2)(b), the Minister may increase the amount payable by up to 10% by way of solatium to compensate for intangible and non-pecuniary disadvantages for which compensation is not otherwise payable and that result from the approval or the carrying out of the operation.

(6) Compensation is not payable in respect of any land which only became Crown land after a geothermal energy operation under the authority started on that land.

(7) Section 89(4), (5) and (6) also apply to this section.

92 Limit on total amount of compensation

(1) The total amount of compensation payable under section 89 in respect of any land must be no greater if the same person is not the owner and occupier of the land than if the same person was both the owner and occupier of the land.

(2) Nothing in subsection (1) limits the amount of solatium payable to the owner or occupier under section 89(3).

93 Time limit on compensation claims

A claim for compensation for any loss or damage under section 89 by the owner or occupier or native title holder of land which is not the subject of an agreement between the relevant parties may be made at any time until the end of the period of 3 years—

(a) after the loss or damage occurred; or

(b) after the authority is surrendered or cancelled or expires—

whichever is the earlier.

94 Determination of disputes

(1) The owner or occupier of land, a native title holder or the holder of an authority may—

(a) apply to the Tribunal for the determination of a disputed claim for compensation in relation to private land or their interests as native title holders (other than a claim for just terms compensation under section 53(1) of the Native Title Act); or

(b) refer a disputed claim referred to in paragraph (a) to the Supreme Court for determination—

in accordance with Part 10 of the Land Acquisition and Compensation Act 1986 as if it were a claim for compensation under that Act and as if the authority holder were the Authority referred to in that Part.

(2) A person may only make an application to the Tribunal in respect of a claim, or refer a claim to the Supreme Court under subsection (1), after the expiry of any period of time specified for the purposes of this section by the regulations.

(3) A party who makes an application in respect of, or who refers, a claim under subsection (1) is only entitled to have that claim determined by the Tribunal or the Court (as the case requires) if the Tribunal or the Court is satisfied that the party has attempted to settle the claim by conciliation, but has not been able to do so because the other party has refused to negotiate a settlement or because both parties are unable to agree.

(4) In its application to a claim that is the subject of an application or reference under subsection (1), Part 10 of the Land Acquisition and Compensation Act 1986 has effect as if—

(a) it required the Tribunal or the Court
(as the case requires) in determining the compensation payable to have regard to the provisions of this Part; and

(b) section 91(1) provided that the holder of the authority must pay its own costs and the costs of the other party unless—

(i) the other party is not the owner, occupier or native title holder of land in the authority area; or

(ii) the other party has been frivolous or vexatious or has otherwise acted unreasonably—

in which case the Tribunal or the Court (as the case requires) may, subject to that section, award the costs that it thinks are appropriate.

(5) In determining how much compensation is due to a native title holder in any dispute concerning Crown land, the Tribunal or Court must take into account any relevant amount that has been determined or agreed as compensation under the Native Title Act in relation to that land.

(6) The holder of the authority must lodge a copy of a determination under this section with the Minister.

95 Determination of disputes—Crown land

(1) The holder of an authority may apply to the Tribunal for a review of any requirement made by the Minister under section 91.

(2) A person who is authorised to undertake activities on Crown land under a lease, licence, permit or other authority granted under an Act may apply to the Tribunal for a review of any decision made by the Minister under section 91 that affects the person.

(3) An application for a review under this section must be made within 28 days after the later of—

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the applicant requests a statement of reasons for the decision, the day on which the statement of reasons is given to the applicant or the applicant is informed under section 46(5) of that Act that a statement of reasons will not be given.

Part 9—Other obligations about conduct of operations

Division 1—Operation plans

96 Operation plan to be prepared

(1) Before carrying out any geothermal energy operation, the holder of the authority under which the operation is to be carried out must give the Minister an operation plan—

S. 96(1)(a) amended by No. 55/2010 s. 69.

(a) that identifies the risks that the operation may pose to the environment, to any member of the public, land or property in the vicinity of the operation and to any geothermal energy or geothermal energy resource that the operation might affect; and

(b) that specifies what the holder of the authority will do to eliminate or minimise those risks; and

(c) that specifies what the holder of the authority will do to rehabilitate the land that will be affected by the operation; and

(d) that sets out any other matters required by the regulations.

(2) The holder of the authority must not carry out the geothermal energy operation unless the Minister has given the holder written acceptance of the operation plan for the operation.

(3) The Minister must not accept an operation plan unless satisfied that the holder of the authority has, in preparing the plan, consulted any person who owns, occupies or manages the land on which the operation is to be carried out.

97 Plan must be observed in carrying out operation

In carrying out a geothermal energy operation, the holder of an authority must ensure that the operation is carried out in accordance with the operation plan accepted by the Minister in relation to the operation.

98 Minister may permit variation of operation plan

(1) On the written application of the holder of an authority, the Minister may permit the holder of the authority to vary the operation plan that applies, or is to apply, to the authority.

(2) The Minister may require the holder of an authority to vary the operation plan that applies to the authority.

(3) The Minister may only require the holder to vary the operation plan after consulting with the holder of the authority.

Division 2—Insurance

99 Insurance must be held

The holder of an authority must obtain and maintain, as directed by the Minister from time to time, insurance against expenses or liabilities or specified things arising in connection with, or as a result of, the carrying out of operations, or the doing of any other thing, under the authority, including the expenses of complying with directions with respect to the clean-up or other remedying of the effects of the escape of geothermal energy.

Division 3—Rehabilitation bonds

100 Requirement to take out rehabilitation bond

The holder of an authority must not carry out a geothermal energy operation unless the holder has obtained a rehabilitation bond securing the payment of a specified amount of money for any rehabilitation work, clean-up work or pollution prevention work that may be necessary as a result of a geothermal energy operation that is—

(a) acceptable to the Minister; and

(b) for an amount specified by the Minister.

101 Minister may require increased rehabilitation bond

(1) This section applies if the Minister believes that the amount secured by a rehabilitation bond in relation to a geothermal energy operation is insufficient.

(2) The Minister may, by written notice, require the holder of the authority to obtain an extension of, or a further, rehabilitation bond for an amount determined by the Minister.

(3) Before making a requirement, the Minister must consult the holder of the authority.

(4) The holder of the authority must comply with a notice imposing such a requirement within 30 days after being given the notice.

102 Return of bond if rehabilitation satisfactory

The Minister must discharge a rehabilitation bond, or return a rehabilitation bond to the holder or former holder of the authority, as soon as practicable once the Minister is satisfied—

(a) that the relevant land has been rehabilitated as required by section 111; and

(b) that the rehabilitation is likely to be successful; and

(c) that any other work in respect of which the bond was required has been satisfactorily completed.

Division 4—Royalties

103 Liability for, and rate of, royalty

(1) The holder of an extraction licence must pay to the Minister a royalty in respect of all geothermal energy extracted from within the licence area.

(2) A royalty is only payable once under this Act in respect of any geothermal energy.

104 Rate of royalty

Royalty is to be paid at the rate, and in accordance with the conditions, specified in the licence under which the geothermal energy was extracted.

105 When royalty must be paid

(1) Any royalty required by this Division must be paid in the manner specified in the relevant extraction licence and within the time specified in the licence.

(2) If an extraction licence does not specify when or how royalty is to be paid under the licence, the holder of the licence must pay any royalty required by this Division in the manner, and within the time, specified by the regulations.

106 Minister may vary royalty

(1) On the application of the holder of an extraction licence or a person who has applied for an extraction licence, the Minister may—

(a) vary the royalty rate specified (or to be specified) in the licence; or

(b) provide that a different method of collecting revenue on any geothermal energy extracted under the licence is to apply.

(2) The Minister must consult the Treasurer before varying the licence, or proposed licence, under subsection (1)(a) or (b).

Division 5—Other obligations

107 Maintenance etc. of property

(1) The holder of an authority must maintain in good condition and repair all structures, equipment and other property in the authority area that is used in connection with the geothermal energy operations being carried out under the authority.

(2) The holder of an authority must remove from the authority area all structures, equipment and other property that are not being used, or that are not to be used, in connection with the geothermal energy operations being conducted under the authority.

(3) Subsections (1) and (2) do not apply in relation to any structure, equipment or other property that was not brought into the authority area by, or with the authority of, the holder of the authority.

108 Authority holder must not interfere with other rights

In carrying out geothermal energy operations, the holder of an authority must ensure that the operations are carried out in a way that does not interfere with the activities of any other person who is using the land to a greater extent than is necessary for the reasonable exercise of the holder's rights, and the performance of the holder's duties, under the authority.

Division 6—Requirements at end of authority

109 Equipment must be removed once authority ceases

(1) This section applies if an authority ceases to apply to any land.

(2) The person who held the authority at the time it ceased to apply to the land must remove all equipment brought on to the land under the authority within 60 days after the authority ceases to apply.

110 Minister may remove equipment

(1) If a person fails to comply with section 109 with respect to any equipment, the Minister may cause the equipment to be removed and may dispose of the equipment.

(2) The Minister may recover any cost involved in doing this from any rehabilitation bond that applies in respect of the relevant authority and from any proceeds that result from the disposal of the equipment.

(3) If the cost of removing or disposing of any equipment is greater than the amount that can be recovered under subsection (2) in relation to that equipment, the person must pay the difference to the Minister.

(4) The Minister may recover as a debt due to the Crown in a court of competent jurisdiction any amount payable under subsection (3).

Part 10—Rehabilitation

111 Rehabilitation

(1) The holder of an authority must rehabilitate any land that is used in carrying out any operation under the authority and must, as far as is practicable, complete the rehabilitation of the land before the authority, or any renewed authority, ceases to apply to the land.

(2) It is sufficient compliance with this section in respect of an operation if the holder of an authority fully complies with the rehabilitation measures in the operation plan concerning that operation.

112 Minister may carry out rehabilitation

(1) The Minister may do anything necessary to rehabilitate land that has been used for a geothermal energy operation if he or she—

(a) is not satisfied that the land has been rehabilitated as required by section 111; or

(b) is satisfied that further rehabilitation of the land is necessary; or

(c) is asked to do so by the owner of the land.

(2) The Minister may only do this if he or she has asked the holder or former holder of the authority to rehabilitate the land and the holder has failed to do so within a reasonable period after the request.

(3) The Minister may recover as a debt due to the Crown in a court of competent jurisdiction any amount incurred under subsection (1) that cannot be recovered from the rehabilitation bond that applies in respect of the land.

(4) If the Minister refuses to act on a request under subsection (1)(c), he or she must inform the owner of the land of the reasons for that refusal.

Part 11—Information

Division 1—Information to be given to Minister

113 Authority holder must provide information to Minister

The holder of an authority must—

(a) collect the information and samples required by the regulations; and

(b) keep the records required by the regulations in the form required by the regulations; and

(c) give the Minister any information, samples or records when required to do so by the regulations.

114 Minister may require person to provide information

(1) This section applies if the Minister has reason to believe that a person has information, a document or a thing that relates to a geothermal energy operation.

(2) The Minister may require the person—

(a) to give the information, document or thing to the Minister within a specified time and in a specified form; or

(b) to appear before a person specified by the Minister at a time and place specified by the Minister to answer questions relating to the geothermal energy operation or to produce the document or thing.

(3) A requirement under subsection (2) must be made in writing.

(4) A person—

(a) must comply with any requirement under subsection (2); and

(b) must answer any question asked under subsection (2)(b); and

(c) must produce any document or thing requested for production under subsection (2)(b).

(5) Any information, answer, document or thing given or produced by a person under this section is not admissible in any proceedings other than proceedings in respect of the falsity of the information, answer, document or thing.

115 False information not to be given

A person must not—

(a) in purported compliance with this Division, give any information or answer that the person knows is false or misleading in a material detail; or

(b) produce any document that the person knows is false or misleading in a material detail, without informing the person to whom the document is produced of the defect in the document.

Division 2—Release of information

116 Meaning of *release* and *information*

(1) In this Division, a reference to the release of information is a reference to making that information publicly known, or available for inspection by a member of the public, regardless of whether a fee is charged in relation to the release.

(2) In this Division, a reference to information includes a reference to any sample and to a portion of a sample.

117 Meaning of *interpretive information*

(1) In this Division interpretive information means any matter contained in a document that is, in the opinion of the Minister, an opinion or conclusion that is at least partly based on information relating to the sub-soil, a geothermal energy resource or the geothermal energy in part of an authority area or proposed authority area.

(2) The Minister may publish guidelines concerning the identification of interpretive information.

118 Information that is not to be released

The Minister must not release at any time any of the following details provided by an applicant for an authority in applying for the authority—

(a) the technical qualifications of the applicant or of the employees of the applicant;

(b) the technical advice available to the applicant;

(c) the financial resources available to the applicant.

119 Information about applications that may be released

(1) This section applies to any information contained in, or accompanying, an application for the grant or renewal of an authority, but does not apply to—

(a) the information referred to in section 118;

(b) interpretive information.

(2) The Minister may release any information to which this section applies at any time after the grant or renewal of the authority, or the refusal to grant or renew the authority.

120 Release of information about area that is no longer an authority area

(1) This section applies to any information given to the Minister under this Act by the holder of an authority that relates to an area to which the authority no longer applies.

(2) The Minister may release information to which this section applies at any time after the expiry of 180 days from the date the authority under which the information was given expires or was surrendered or cancelled in relation to that area.

121 Release of factual information

S. 121(1) amended by No. 55/2010 s. 70.

(1) This section applies to any information given to the Minister under this Act by the holder of an authority, but it does not apply to interpretive information.

(2) The Minister may release any information to which this section applies at any time after the expiry of 1 year from the information collection date.

122 Minister may give information etc. to other Ministers

(1) The Minister may give to another Minister or to a Minister of the Commonwealth or of a State or Territory—

(a) any information contained in a document to which this Division applies that has been given to the Minister; and

(b) any cores or cuttings from, or samples of, the subsoil in an area, or samples of geothermal energy resources recovered in an area, that have been given to the Minister.

(2) The Minister may only give information, cores, cuttings or samples to another Minister or to a Minister of the Commonwealth or of a State or Territory under subsection (1) in accordance with an arrangement between them that includes a provision restricting the release by that Minister of the information, cores, cuttings or samples to circumstances in which it might be released by the Minister under this Act.

Part 12—Enforcement

Division 1—Inspections

123 Authorisation of inspectors

(1) The Minister may authorise a person who the Minister considers to be suitable to carry out inspections for the purposes of this Act.

(2) The Minister must give each authorised person an identity card that identifies the person by name as an inspector under this Act and that contains a photograph of the person.

(3) If a person's authorisation as an inspector is revoked or expires, he or she must immediately return his or her identity card to the Minister.

1. 5 penalty units.

124 Production of identity card

An inspector must produce his or her identity card for inspection—

(a) before exercising a power under this Part other than a requirement made by post; and

(b) at any time during the exercise of a power under this Part, if asked to do so.

1. 10 penalty units.

125 Monitoring compliance with this Act

(1) An inspector may enter any premises that the inspector believes has been, is being, or is to be, used in connection with a geothermal energy operation at any reasonable hour in the daytime and at any time that the premises are open for business and may—

(a) inspect the premises and any thing on the premises;

(b) make copies of, or take extracts from, any document kept on the premises;

(c) seize any thing on the premises if the inspector believes on reasonable grounds that it is necessary to seize the thing in order to prevent its concealment, loss or destruction;

(d) test any equipment on the premises;

(e) take any photographs or make any audio or visual recordings that the inspector considers necessary;

(f) use any assistants the inspector considers necessary to exercise the powers conferred by this section.

(2) An inspector may exercise powers under this section only to the extent that it is reasonably necessary to do so for the purpose of determining compliance with this Act or in connection with the issue of a prohibition notice under section 145.

(3) An inspector may not continue to exercise any powers under this section if he or she fails to produce, on request, his or her identity card for inspection by the occupier of the land.

(4) An inspector may not, under this section, enter a residence for the purpose of determining compliance with this Act unless the occupier of the residence has consented in writing to the entry and the carrying out of a search.

126 Emergencies

(1) If an inspector reasonably believes that it is necessary to do so because of the existence, on any premises that the inspector believes have been, are being, or are to be, used in connection with a geothermal energy operation, of an immediate risk—

S. 126(1)(a) substituted by No. 55/2010 s. 71.

(a) to any member of the public; or

(b) that property may be seriously damaged; or

(c) that significant damage may occur to the environment; or

(d) that significant damage may occur to any geothermal energy or geothermal energy resource—

the inspector may at any time enter the premises and exercise any power conferred by section 125(1).

(2) An inspector may not continue to exercise any powers under this section if he or she fails to produce, on request, his or her identity card for inspection by the occupier of the premises.

(3) If an inspector exercises a power of entry under this section without the owner or occupier being present the inspector must, on leaving the premises, leave a notice setting out—

(a) the time of entry; and

(b) the purpose of entry; and

(c) a description of all things done while on the premises; and

(d) the time of departure; and

(e) the procedure for contacting the Department for further details of the entry.

127 Offence-related searches and seizures

(1) An inspector may only exercise powers under this section if he or she has reasonable grounds for suspecting that there is on any premises a particular thing that may be evidence of the commission of an offence under this Act.

(2) The inspector, with any assistants he or she considers necessary, may with the consent in writing of the occupier of the premises, enter the premises and search for the thing without applying for a search warrant.

(3) An inspector must not enter and search any premises with the consent of the occupier unless, before the occupier consents to that entry, the inspector has—

(a) produced his or her identity card for inspection; and

(b) informed the occupier—

(i) of the purpose of the search; and

(ii) that the occupier may refuse to give consent to the entry and search or to the seizure of anything found during the search; and

(iii) that the occupier may refuse to consent to the taking of any sample of goods or any copy or extract from a document found on the premises during the search; and

(iv) that anything seized or taken during the search with the consent of the occupier may be used in evidence in proceedings.

(4) If the thing is found during a search under subsection (2), the inspector may—

(a) inspect any thing on the premises;

(b) inspect, and make copies of, or take extracts from, the thing;

(c) seize the thing if the inspector believes on reasonable grounds that it is necessary to seize it in order to prevent its concealment, loss or destruction.

128 Occupier to be given copy of consent

(1) An occupier who consents in writing to the entry and search of their premises or residence under section 125 or 127 must be given a copy of the signed consent immediately.

(2) If, in any proceeding, a written consent is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry and search.

129 Disputed property in possession of inspector

(1) This section applies if an inspector has taken possession of any goods other than goods seized under a warrant under section 130 and there is a dispute as to whether any person claiming the goods or which of any two or more persons claiming the goods is entitled to the possession of goods.

(2) The Magistrates' Court, upon the application of the inspector, may—

(a) hear, receive and examine evidence about the application; and

(b) order that the goods should be delivered by the inspector to a specified person.

(3) The Magistrates' Court must consider the application in the presence of all the parties claiming the goods and may consider the application in the absence of a party who does not appear after having had reasonable notice of the hearing of the application.

(4) If the Court makes an order for the delivery of goods, the inspector must ensure the goods are delivered in accordance with the order.

(5) If, after the making of an order, any action is commenced against the inspector for the recovery of the goods or the value of the goods, the fact of the order and the delivery of the goods under the order may be given and is admissible in evidence in defence to the action.

(6) An order or the delivery of goods under this section does not affect the rights or liabilities of the persons claiming the goods or of the persons who have been delivered the goods under an order.

130 Search warrant

(1) An inspector may apply to a magistrate for the issue of a search warrant in relation to particular premises if the inspector believes on reasonable grounds that there is, or may be within the next 72 hours, on the premises a particular thing that may be evidence of the commission of an offence under this Act.

(2) If a magistrate is satisfied that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, on the premises a particular thing that may be evidence of the commission of an offence under this Act, the magistrate may issue a search warrant authorising an inspector named in the warrant and any assistants the inspector considers necessary—

(a) to enter the premises, or the part of premises, named or described in the warrant; and

(b) to search for and seize any thing named or described in the warrant.

(3) In addition to any other requirement, a search warrant issued under this section must state—

(a) the offence suspected; and

(b) the premises to be searched; and

(c) a description of the thing for which the search is to be made; and

(d) any conditions to which the warrant is subject; and

(e) whether entry is authorised to be made at any time or during stated hours; and

(f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.

(4) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and must be in the form set out in the regulations under that Act.

(5) Subject to any provision to the contrary in this Act, the rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.

131 Announcement before entry

(1) Before executing a search warrant, the inspector named in the warrant or a person assisting the inspector must announce that he or she is authorised by the warrant to enter the premises and give any person at the premises an opportunity to allow entry to the premises.

(2) The inspector or a person assisting the inspector need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure—

S. 131(2)(a) substituted by No. 55/2010 s. 72.

(a) the safety of any member of the public; or

(b) that the effective execution of the search warrant is not frustrated.

132 Copy of warrant to be given to occupier

If the occupier or another person who apparently represents the occupier is present at the premises when a search warrant is being executed, the inspector must—

(a) identify himself or herself to that person by producing his or her identity card for inspection by that person; and

(b) give to that person a copy of the execution copy of the warrant.

133 Receipt must be given for any thing seized

(1) An inspector may not seize a thing, apparently in the possession or custody of a person, unless he or she makes out and tenders to the person a receipt for the thing seized that—

(a) identifies the thing; and

(b) states the name of the inspector and the reason why the thing is being seized.

(2) If an inspector is unable to discover the identity of the owner or custodian of any thing seized, the inspector must leave the receipt with, or post it to, the owner of the premises from which the thing was seized.

134 Copies of certain seized things to be given

(1) If an inspector seizes—

(a) a document; or

(b) a thing that can be readily copied; or

(c) a storage device the information in which can be readily copied—

the inspector must give a copy of the thing or information to the owner or custodian of the document, thing or device as soon as practicable after the seizure.

(2) Subsection (1) does not apply—

(a) to any document, thing or device moved under section 135(2); or

(b) if the inspector is unable to discover the identity of the owner or custodian of any document, thing or device seized.

135 Use of equipment to examine or process things

(1) An inspector may bring on to any premises any equipment reasonably necessary for the examination or processing of things found at the premises in order to determine whether they are things that may be seized.

(2) If—

(a) it is not practicable to examine or process the things at the premises; or

(b) the occupier of the premises consents in writing—

the things may be moved to another place so that the examination or processing can be carried out in order to determine whether they are things that may be seized.

(3) The inspector, or a person assisting the inspector, may operate equipment already at the premises to carry out the examination or processing of a thing found at the premises in order to determine whether it is a thing that may be seized, if the inspector or person assisting believes on reasonable grounds that—

(a) the equipment is suitable for the examination or processing; and

(b) the examination or processing can be carried out without damage to the equipment or the thing.

136 Use or seizure of electronic equipment at premises

(1) If—

(a) a thing found at any premises is, or includes, a disk, tape or other device for the storage of information; and

(b) equipment at the premises may be used with the disk, tape or other storage device; and

(c) the inspector believes on reasonable grounds that the information stored on the disk, tape or other storage device is relevant to determine whether this Act has been contravened—

the inspector or a person assisting the inspector may operate, or may require the occupier or an employee of the occupier to operate, the equipment to access the information.

(2) If the inspector or a person assisting the inspector finds that a disk, tape or other storage device at the premises contains information of the kind referred to in subsection (1)(c), he or she may—

(a) put the information in documentary form and seize the documents so produced; or

(b) copy the information to another disk, tape or other storage device and remove that storage device from the premises; or

(c) if it is not practicable to put the information in documentary form nor to copy the information, seize the disk, tape or other storage device and the equipment that enables the information to be accessed.

(3) An inspector or a person assisting an inspector must not operate or seize equipment for the purpose mentioned in this section unless the inspector or person assisting believes on reasonable grounds that the operation or seizure of the equipment can be carried out without damage to the equipment.

137 Compensation for damage

(1) The Minister must pay compensation for any damage caused by an inspector, or a person assisting an inspector, in exercising (or purporting to exercise) any power conferred by this Act.

(2) Despite subsection (1), the Minister is not liable to pay compensation for any damage caused during any inspection that reveals that there has been a contravention of this Act.

(3) In determining the amount of compensation payable in relation to any damage caused to electronic equipment, regard is to be had to whether the occupier of the premises and the employees and agents of the occupier, if they were available at the time, had provided any warning or guidance as to the operation of the equipment that was appropriate in the circumstances.

138 Return of seized things

(1) If an inspector seizes a thing under this Act, the inspector must take reasonable steps to return the thing to the person from whom it was seized if the reason for its seizure no longer exists.

(2) If the thing has not been returned before the end of the retention period, the inspector must take reasonable steps to return it unless—

(a) proceedings have commenced within the retention period and those proceedings (including any appeal) have not been completed; or

(b) a court makes an order under section 139 extending the retention period.

139 Magistrates' Court may extend period

(1) An inspector may apply to the Magistrates' Court within the retention period or within a period extended by the Court under this section for an extension of that period.

(2) The Magistrates' Court may order such an extension if satisfied that retention of the thing is necessary—

(a) for the purposes of an investigation into whether an offence has been committed; or

(b) to enable evidence of an offence to be obtained for the purposes of a prosecution.

(3) The Court may adjourn an application to enable notice of the application to be given to any person.

140 Power of inspector to require information or documents

(1) An inspector who—

(a) exercises a power of entry under this Act; and

(b) produces his or her identity card for inspection by a person—

may, to the extent that is reasonably necessary to determine whether this Act has been contravened or whether there exists a risk of a kind referred to in section 126(1), require the person to give information to the inspector, to produce documents to the inspector and to give reasonable assistance to the inspector.

(2) An inspector must notify a person of the provisions of section 142 before requiring the person to give information to the inspector or to produce documents to the inspector.

(3) A person must not refuse or fail, without reasonable excuse, to comply with a requirement made under subsection (1).

(4) A person must not, in response to a request under this Division—

(a) give information that the person knows to be false or misleading in a material detail; or

(b) produce a document that the person knows to be false or misleading in a material detail without indicating the respect in which it is false or misleading and, if practicable, providing correct information.

141 Refusal or failure to comply with requirement

A person must not, without reasonable excuse, refuse or fail to comply with a requirement of an inspector under this Part.

142 Protection against self-incrimination

(1) It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under this Act, if the giving of the information or the doing of that other thing would tend to incriminate the person.

(2) Despite subsection (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce by or under this Act, if the production of the document would tend to incriminate the person.

143 Offence to obstruct inspector

A person must not—

(a) obstruct or hinder; or

(b) refuse admission to any premises to—

an inspector, or any person necessarily assisting an inspector, while the inspector is exercising a power given to the inspector by this Act in accordance with this Act.

Division 2—Improvement and prohibition notices

144 Improvement notice

(1) This section applies if the Minister is satisfied that the holder of an authority—

(a) is contravening this Act; or

(b) has contravened this Act in circumstances that make it likely that the contravention will occur again; or

(c) is not complying with a condition of the authority; or

(d) has failed to comply with a condition of the authority in circumstances that make it likely that the failure will occur again.

(2) The Minister may issue to the holder of the authority an improvement notice requiring the holder to take specified action within a specified period to stop the contravention, or failure to comply, from continuing or occurring again.

(3) The holder of the authority must comply with the notice.

145 Prohibition notice

(1) This section applies if an activity or event is occurring, or is likely to occur, in an authority area that, in the opinion of the Minister, creates an immediate risk—

S. 145(1)(a) substituted by No. 55/2010 s. 73.

(a) to any member of the public; or

(b) that property may be seriously damaged; or

(c) that significant damage may occur to the environment; or

(d) that significant damage may occur to any geothermal energy or geothermal energy resource.

(2) The Minister may issue to the holder of the authority a prohibition notice prohibiting the holder—

(a) from carrying out, or continuing to carry out, any geothermal energy operation, or any activity relating to a geothermal energy operation, in the authority area; or

(b) from taking any specified action in the authority area—

until the Minister certifies in writing that any direction included in the prohibition notice has been complied with, or until the expiry of a specified period.

(3) The Minister—

(a) may include in the notice directions as to measures to be taken to remove or reduce the risk to which the notice relates;

(b) must specify in the notice from when the prohibition is to take effect.

(4) The holder of the authority must comply with the notice.

1. 600 penalty units.

(5) If the holder of an authority fails to comply with a notice given under this section, the holder is guilty of an offence for each day the failure to comply in respect of which the notice was given continues after the relevant prohibition takes effect.

1. 20 penalty units for each day the offence continues after the prohibition takes effect.

146 Right to review

(1) A person may apply to the Tribunal for a review of a decision by the Minister to issue an improvement or prohibition notice.

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

(3) Despite section 144(3), the holder of an authority that applies for a review of the issue of an improvement notice need not comply with the notice until—

(a) the Tribunal affirms the notice; or

(b) the holder abandons the application for the review or receives written notice that the Tribunal has dismissed the application.

147 Defences to charge of failing to comply with a notice

(1) In a proceeding for an offence of failing to comply with an improvement notice, it is a defence to the charge for the accused to prove that the accused did not contravene this Act, or fail to comply with a condition of an authority, in the manner set out in the improvement notice.

(2) In a proceeding for an offence of failing to comply with an improvement or prohibition notice, it is a defence to the charge for the accused to prove that the accused took all reasonable steps to comply with the notice.

Division 3—Offences

148 Offences by corporations also offences by officers

(a) an offence is committed against this Act by a corporation; and

(b) the offence is proved to have been committed at the instigation of, or with the consent or connivance of, or to have been attributable to any wilful neglect on the part of, an officer of the corporation.

(2) The officer is also guilty of the offence and is liable to the penalty for that offence.

149 Offences by partners

(1) This section applies if a person holds an authority in partnership with one or more other people.

(2) The person is also guilty of any offence against this Act that the person's partner or partners are found guilty of in acting, or purporting to act, on behalf of the partnership, and is liable to the penalty for that offence.

150 Offences by joint venturers

(1) This section applies if a person holds an authority as part of a joint venture with one or more other people.

(2) The person is also guilty of any offence against this Act that the other person is, or that the other persons are, found guilty of in acting, or purporting to act, on behalf of the joint venture, and is liable to the penalty for that offence.

151 Offences by employees and agents

(1) This section applies if a person who commits an offence under this Act committed the offence while acting—

(a) for or on behalf of another person; and

(b) within the scope of the actual or apparent authority given to him or her by the other person.

(2) The other person is also guilty of the offence and is liable to the penalty for that offence.

Part 13—Administration

Division 1—Geothermal energy register

152 Establishment of register

The Minister must cause a geothermal energy register to be established and maintained.

153 Effect of registration

The following items have no effect until a document that is in a form specified, or approved, by the Minister and that contains evidence of the item is registered in the geothermal energy register—

(a) authorities;

(b) variations, cancellations, suspensions, extensions, or the surrender of all or part of an authority or the conditions of an authority;

(c) any part of an agreement that purports to create, transfer, assign, devolve or affect any interest in, or conferred by, an authority;

(d) unit development agreements;

(e) any other document that is required to be registered under section 154.

154 Other documents to be registered

The Minister, by notice published in the Government Gazette, may require that a document of a specified kind relating to an authority be registered.

155 Entries in register on devolution of title

(1) The devolution by operation of law of any rights under an authority, or any interest in, or conferred by, an authority, has no effect until a document in a form approved by the Minister that provides evidence of the devolution is registered in the geothermal energy register.

(2) Subsection (1) applies despite anything to the contrary in any Act or rule of law.

(3) Nothing in this section limits any discretion conferred on the Minister by Division 4 of Part 6.

156 Registration

(1) To register a document, the Minister must—

(a) either—

(i) enter details of the document in the geothermal energy register; or

(ii) lodge a copy of the document in the register; and

(b) enter in the register the date the details were entered or the document was lodged; and

(c) give the person who sought registration of the document a copy of the document endorsed with a notation that the document has been registered and details of the date and time entered in the register under paragraph (b).

(2) The Minister may—

(a) determine what details of a document are to be lodged in the register;

(b) require that documents of a particular type be in a specified form before accepting them for registration;

(c) require that documents of a particular type contain specified information before accepting them for registration.

157 Effect of registration

The registration of a document does not give any right, interest or dealing that is evidenced by that document any force or effect that the right, interest or dealing would not have had if this Part had not been enacted.

158 Inspection of register and documents

(1) On the payment of any fee required by the regulations, a person may inspect the geothermal energy register and any documents that form part of the register at any time that the office in which the register is kept is open for business.

(2) On the payment of any fee required by the regulations, a person may obtain a copy of any entry or document in the geothermal energy register.

159 Minister's certificates

(1) A certificate certifying as to any matter relating to the contents of the geothermal energy register and purporting to be signed by the Minister is admissible in evidence in any proceeding as evidence of the matter certified.

(2) The Minister may supply such a certificate to any person who applies for the certificate and pays any fee required by the regulations for the purposes of this section.

160 Minister may make corrections to register

(1) The Minister may alter the geothermal energy register to correct a clerical error or an obvious defect in the register.

(2) The Minister may, on application being made in writing to the Minister by a person or on his or her own initiative, make any entries in the register that the Minister considers appropriate for the purposes of ensuring that the register accurately records the interests and rights existing in relation to an authority.

(3) The Minister must give the holder of the authority to which an alteration relates written details of the alteration.

161 Right to review of register entries

(1) A person may apply to the Tribunal for a review of the Minister's decision to make or vary an entry in the geothermal energy register under section 160.

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

162 Offences relating to the register

A person must not wilfully—

(a) make, cause to be made, or concur in making, a false entry in the geothermal energy register; or

(b) produce or tender in evidence a document falsely purporting to be a copy of, or extract from, an entry in the register or of or from a document lodged with the Minister under this Part.

163 Officials must not disclose information

(1) A person must not disclose any information that is obtained by him or her while exercising a power conferred by this Act.

(2) A person must not use any such information to obtain directly or indirectly any pecuniary advantage for himself or herself or for any other person.

(3) However, a person may disclose or use such information if—

(a) the disclosure or use is made in the performance of a duty under, or in connection with, this Act; or

(b) the person has the consent of the person to whom the information belongs; or

(c) the disclosure or use is made in legal proceedings at the direction of a court; or

(d) the information is in the public domain at the time it is disclosed or used.

(4) Subsection (3) is not intended to interfere with any rights another person may have with regard to the disclosure or use of the information.

Division 2—Other administrative matters

164 Minister may require further information

The Minister may require an applicant under this Act to provide the Minister with more information concerning an application and may require the applicant to provide the information within the time specified in the request.

165 Form of documents

(1) Each document that a person submits to the Minister under this Act must be in the form, if any, required by the Minister.

(2) Each authority or other document that the Minister issues under this Act is to be in the form determined by the Minister.

166 Delegation

(1) The Minister may, in writing, delegate to any person employed in the Department any power of the Minister under this Act, other than this power of delegation.

(2) The Secretary of the Department may, in writing, delegate to any person employed in the Department any power of the Secretary under this Act, other than this power of delegation.

S. 166A inserted by No. 53/2011 s. 10.

166A Surveys and drilling operations

(1) The Minister may authorise in writing any person to enter, or fly over, any land for the purpose of making a land, geothermal or geological survey on behalf of the Department.

(2) The Minister may authorise in writing any person to enter any land for the purpose of the carrying out by the Department of any drilling operations for the purpose of carrying out geothermal or geological tests.

(3) A person authorised to enter land under subsection (1) or (2)—

(a) may do any thing on the land that is necessary for the purposes of the survey or drilling operations; and

(b) must cause as little harm and inconvenience and do as little damage as possible to the land and anything on or growing on the land; and

(c) must remain on the land only for so long as is reasonably necessary; and

(d) must remove from the land on completion of the survey or drilling operations all plant, machinery, equipment, goods or buildings brought onto, or erected on, the land other than any of those things that the owner or occupier agrees may be left on the land; and

(e) must leave the land, as nearly as possible, in the condition in which it was immediately before the commencement of the survey or drilling operations; and

(f) must use the person's best endeavours to co‑operate with the owner and occupier.

(4) Part 8 applies to any survey under subsection (1) or drilling operations under subsection (2)—

(a) as if a reference in that Part to an authority holder were a reference to the Department; and

(b) as if a reference in that Part to the carrying out of a geothermal energy operation were a reference to the carrying out of the survey or drilling operations, as the case requires.

Division 3—Fees and penalties

167 Applications not to be processed unless fee paid

If the regulations require the payment of a fee for an application under this Act, the application must not be considered until the fee is paid.

168 Fees and penalties debts due to the State

A fee, royalty or other amount payable under this Act is a debt due to the State by the person by whom the amount is payable and is recoverable in any court of competent jurisdiction.

Part 14—Regulations

169 Regulations

(1) The Governor in Council may make regulations for or with respect to—

(a) determining the dimensions, boundaries, form, position and extent of an authority area; and

(b) determining the requirements to be complied with by people who wish to acquire authorities; and

(c) prescribing conditions that are to apply to a particular type of authority or to authorities generally; and

(d) prescribing the fees payable for authorities, and the fees for applications, the processing of applications, renewals, authority variations and extensions, surveys, inspections by inspectors, technical and other assessments undertaken by the Department or its agents, exemptions, registrations in the geothermal energy register, inspection of the geothermal energy register and access to released information; and

(e) prescribing annual fees payable by the holders of authorities; and

(f) prescribing the rent that is payable by the holders of authorities for occupying Crown land; and

(g) requiring the holders of authorities to submit specified information to the Minister and to keep specified information, records and samples; and

(h) requiring information to be contained in work programs, development plans, unit developments, operation plans, and other plans, manuals and reports required of authority holders; and

(i) the geothermal energy register and the documents to be registered; and

(j) regulating the extraction and treatment of geothermal energy and geothermal energy resources under an authority; and

(k) regulating unit agreements; and

(l) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) The regulations—

(a) may be of general or of specially limited application; and

(b) may differ according to differences in time, place or circumstance; and

(c) may require a matter affected by the regulations to be—

(i) in accordance with a specified standard or specified requirement; or

(ii) approved by or to the satisfaction of a specified person or a specified class of person; or

(iii) as specified in both subparagraphs (i) and (ii); and

(d) may apply, adopt or incorporate any matter contained in any document whether—

(i) wholly or partially or as amended by the regulations; or

(ii) as in force at a particular time or as in force from time to time; and

(e) may confer a discretionary authority or impose a duty on a specified person or a specified class of person; and

(f) may provide in a specified case or class of case for the exemption of activities or operations from all or any of the provisions of this Act, whether unconditionally or on specified conditions, and either wholly or to such an extent as is specified; and

(g) may impose a penalty not exceeding 20 penalty units for a contravention of the regulations; and

(h) may be expressed as requiring the achievement of a specified object in relation to any particular subject matter.