Geothermal Energy Resources Regulations 2026 (Victoria)

The Geothermal Energy Resources Regulations 2026 (the Regulations) operationalise aspects of the Geothermal Energy Resources Act 2005 by prescribing detailed procedural, technical and administrative requirements for geothermal exploration and extraction. The Regulations: define exemptions (regs 6-7) for shallow or low‑temperature resources; set mandatory content for extraction licence applications (reg 8) and for geothermal development plans (reg 9); prescribe the structure and minimum content of operation plans including environment management plans (Div. 2, Part 5, regs 11-16) and well operation management plans (Div. 3, Part 5, regs 17-19); establish reporting duties (Part 6, regs 20-23) and register entries (reg 24); and fix administrative matters, fees and timeframes (Part 8, regs 25-38). They come into force on 21 March 2026 (reg 3) and, by endnote, were made on 17 March 2026; they revoke the 2016 Regulations (reg 4).

The Regulations state explicit policy objectives in reg 1: to eliminate and minimise, so far as is practicable, risks to public safety, the environment, land, property and infrastructure; to prescribe operation plan requirements; and to prescribe administrative matters, fees and other requirements authorised by the Act. Those objectives are implemented through prescriptive obligations (for example, detailed elements of environment management plans at regs 12-16 and well operation management plans at reg 17), reporting regimes (regs 20-23) and enforcement levers (penalties expressed in penalty units at various provisions).

Mechanically, the instrument allocates responsibilities and decision points as follows: holders of authorities (permit/license holders) must prepare and maintain plans, collect and retain data, perform monitoring and audits, and notify and report incidents; the Minister has powers to accept or require additional information for plans (regs 10, 11(3)), to grant consents with conditions (regs 18-19), and to register documents (reg 24); payments and fees are defined in fee units (regs 30-38) and subject to the Monetary Units Act 2004 value for each financial year (endnotes). The Regulations also set technical standards for mapping (MGA94, reg 5 definition and reg 25) and data submissions (electronic form that accords with industry standards, regs 22(1), 27).

Version No. 001

Geothermal Energy Resources Regulations 2026

S.R. No. 17/2026

Version as at
21 March 2026

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provision 1

3 Commencement 1

4 Revocation 1

5 Definitions 2

Part 2—Exempt operations 6

6 Exploration operations to which the Act does not apply 6

7 Extraction operations to which the Act does not apply 6

Part 3—Extraction licences 7

8 Application for an extraction licence to contain certain information 7

Part 4—Development plans 8

9 Content of geothermal energy extraction development plans 8

10 Additional information 9

Part 5—Operation plan 10

Division 1—General 10

11 Operation plan 10

Division 2—Environment management plan 11

12 Description of the environment, etc. 11

13 Identification and assessment of risks 12

14 Performance objectives and standards 12

15 Implementation strategy for the environment management plan 13

16 Other information in the environment management plan 15

Division 3—Well operation management plan 16

17 Well operation management plan 16

18 Consent to conduct extraction test 18

19 Consent to suspend or abandon a well 19

Part 6—Reporting 20

20 Samples 20

21 Annual report 20

22 Reports of surveys, drilling and other activities 21

23 Incident reporting 23

Part 7—Geothermal energy register 25

24 Documents to be registered 25

Part 8—Administrative matters and fees 26

25 Dimensions, boundaries, position and extent of authority area 26

26 Maximum permit area 26

27 Form of work program 26

28 Period before a disputed claim can go to the Tribunal or Supreme Court 26

29 Manner and time of payment of royalty 26

30 Fees for application for authorities 27

31 Fee for renewal of exploration permit 27

32 Annual fees 27

33 Fees for application for approval of transfer of authority 28

34 Processing fee for application for suspension or variation of conditions of an authority 28

35 Processing fees for application to consolidate adjoining authorities 28

36 Processing fees for application for acceptance of operation plans 29

37 Fees for inspection of, or copy of document in, geothermal energy register 29

38 Fee for Minister's certificate 29

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Endnotes 30

1 General information 30

2 Table of Amendments 32

3 Explanatory details 33

Version No. 001

Geothermal Energy Resources Regulations 2026

S.R. No. 17/2026

Version as at
21 March 2026

Part 1—Preliminary

1 Objectives

The objectives of these Regulations are—

(a) to provide for the elimination and minimisation, so far as is practicable, of risks to public safety, the environment, land, property or infrastructure involved in undertaking geothermal energy operations; and

(b) to prescribe requirements for operation plans; and

2 Authorising provision

These Regulations are made under section 169 of the Geothermal Energy Resources Act 2005.

3 Commencement

These Regulations come into operation on 21 March 2026.

4 Revocation

The Geothermal Energy Resources Regulations 2016[1] are revoked.

5 Definitions

In these Regulations—

ancillary equipment, in relation to a well, includes—

(a) equipment located downhole; and

(b) a blow-out preventer; and

environment management plan means a plan prepared in accordance with Division 2 of Part 5 and set out in an operation plan under regulation 11;

environmental legislation means any of the following that relates to the protection of the environment––

(a) an Act;

(b) an Act of the Commonwealth;

Example

A subordinate instrument such as a regulation is an instrument for the purposes of paragraph (c).

facility means a structure that—

(a) is used or constructed for the purpose of extracting geothermal energy resources; or

(b) carries, contains or includes equipment for the drilling, modification, maintenance or repair of a well or ancillary equipment;

Map Grid of Australia 1994 (MGA94) means the system of rectangular co-ordinates derived from a Universal Transverse Mercator projection of Geocentric Datum of Australia 1994 (GDA 94) latitudes and longitudes that are based on the datum (GDA) defined in the notice of the Intergovernmental Committee on Surveying and Mapping published in Commonwealth Government Gazette Number GN 35 of 6 September 1995 at page 3369;

performance objectives and standards, in relation to an environment management plan, means the performance objectives defined, and the performance standards set, in the environment management plan in accordance with regulation 14;

practicable, in relation to eliminating or minimising hazards and risks, means practicable having regard to—

(a) the severity of the hazard or risk; and

(b) the state of knowledge about that hazard or risk; and

(d) the cost of eliminating or minimising that hazard or risk;

recordable incident means an incident arising out of a geothermal energy operation (other than a reportable incident) that has an impact on the environment, public safety, land, property or infrastructure;

reportable incident means an incident arising out of a geothermal energy operation that—

(a) causes, or could have caused, substantial damage to the environment, the integrity of the geothermal energy operation, the immediate area of the operation (whether above or below ground), public safety, land or property; or

(b) is indicative of a possible future incident of the kind referred to in paragraph (a); or

the Act means the Geothermal Energy Resources Act 2005;

well means a hole in the sub-soil made by drilling, boring or any other means in connection with a geothermal energy operation, but does not include a seismic shot hole;

well activity, in relation to a well, means an activity carried out during the life of the well;

well integrity, in relation to a well, means that any zone in the well bore—

(a) is under control, in accordance with an accepted well operation management plan; and

(b) is able to contain fluid; and

well integrity hazard means an event that—

(a) has the potential to compromise the well integrity of a well; and

(b) would involve—

(i) a significant threat to the safety of individuals; or

(ii) a risk of significant damage to the environment or to the geothermal energy resource.

Part 2—Exempt operations

6 Exploration operations to which the Act does not apply

An exploration permit is not required for an exploration operation the purpose of which is to locate a geothermal energy resource—

(a) that has an in situ temperature of less than 70°C, when measured in a manner approved by the Secretary; or

(b) that is less than one kilometre below the earth's surface.

7 Extraction operations to which the Act does not apply

An extraction licence is not required for an extraction operation in which the geothermal energy resource—

(a) has an in situ temperature of less than 70°C, when measured in a manner approved by the Secretary; or

(b) is less than one kilometre below the earth's surface.

Part 3—Extraction licences

8 Application for an extraction licence to contain certain information

For the purposes of section 45(1)(h) of the Act, the following is prescribed information—

(a) all information that is reasonably necessary to enable the Minister to assess whether a geothermal energy resource exists in the licence area and whether the exploitation of the resource is likely to be commercially feasible;

(b) a map indicating the area of the resource and stating the likely area of the resource in square kilometres, together with all information that is reasonably necessary to enable the Minister to determine the appropriate area of the licence taking into account the requirements of the Act.

Part 4—Development plans

9 Content of geothermal energy extraction development plans

(1) For the purposes of section 51(2) of the Act, a geothermal energy extraction development plan must contain—

(a) a description of each stage of the geothermal energy operation, including equipment or facilities to be used; and

(b) a description of the relevant existing geological and geothermal energy resource data that relates to the authority area and of the interpretations of that data; and

(c) details of proposed further data acquisition and studies to enhance geological and geothermal energy resource understanding; and

(d) a geothermal energy resource management plan that—

(i) describes how the geothermal energy is to be extracted; and

(ii) provides the reasons for adopting the proposed approach; and

(iii) estimates the future performance of the geothermal energy resource; and

(iv) specifies the proposed rate of recovery of geothermal energy.

(2) The holder of an authority must ensure that the geothermal energy extraction development plan is reviewed within one year after the initial geothermal energy extraction (unless the Minister agrees to a longer period) and then at intervals not exceeding one year.

10 Additional information

If the holder of an extraction licence submits a geothermal energy extraction development plan for approval by the Minister for the purposes of section 52 of the Act, the Minister, by written notice, may require the holder to provide any additional information that the Minister considers to be relevant to the approval of the plan.

Part 5—Operation plan

Division 1—General

11 Operation plan

(1) An operation plan given to the Minister under section 96(1) of the Act—

(a) must be appropriate for the nature and scale of the geothermal energy operation; and

(b) must set out the following for the purposes of section 96(1)(d) of the Act—

(i) a description of the geothermal energy operation and the equipment and facilities to be used in the operation;

(ii) if a facility is proposed for a geothermal energy operation—

(A) the proposed design, construction, installation and maintenance of the facility; and

(B) if the facility is to be modified, details of the proposed modification; and

(iii) an environment management plan in accordance with Division 2;

(iv) if the operation involves geothermal energy exploration, a statement of the activities referred to in section 5 of the Act that are proposed to be carried out;

(v) if the operation involves the making of a well, a well operation management plan in accordance with Division 3;

(vi) processes for review of the risks identified in the plan by the holder of the authority whenever there is a significant change in the risks that the geothermal energy operation may pose;

(vii) processes for review of the plan by the holder of the authority at least once every 5 years;

(viii) processes for the submission to the Minister of a report by the holder of the authority on the findings of each such review.

(2) The details included in the operation plan under subregulation (1) must be sufficient to show whether the facility is adequate for the proposed geothermal energy operation.

(3) If the holder of an authority gives the Minister an operation plan, the Minister may, by notice in writing, require the holder to provide any additional information that the Minister considers to be relevant to acceptance of the plan.

Division 2—Environment management plan

12 Description of the environment, etc.

An environment management plan must—

(a) describe the environment, including any relevant values and sensitivities; and

(b) describe any relevant cultural, historical, aesthetic, social, recreational, ecological, biological, landscape and economic aspects of the environment that may be affected by the geothermal energy operation; and

(c) identify any communities, land or property in the vicinity of the operation and any geothermal energy or geothermal energy resource that the operation might affect.

13 Identification and assessment of risks

An environment management plan must—

(a) identify and assess the risks to the environment, to any member of the public, to land or to property in the vicinity of the geothermal energy operation and to any geothermal energy or geothermal energy resource, that may arise directly or indirectly from the normal activities of the operation (including construction if applicable); and

(b) identify and assess the risks to the environment, to any member of the public, to land or to property in the vicinity of the operation and to any geothermal energy or geothermal energy resource, that may arise directly or indirectly from activities of the operation that are not normal activities, or from incidents or events (whether planned or unplanned).

14 Performance objectives and standards

An environment management plan must—

(a) define performance objectives and set performance standards against which performance by the holder of the authority in protecting the environment, any member of the public, land or property in the vicinity of the geothermal energy operation and any relevant geothermal energy or geothermal energy resource, from the operation is to be measured; and

(b) include measurement methods for determining whether the objectives and standards have been met.

15 Implementation strategy for the environment management plan

An environment management plan must contain an implementation strategy that—

(a) includes measures to ensure that the performance objectives and standards in the environment management plan are met; and

(b) identifies the specific systems, practices and procedures to be used to ensure that any risks to the following arising from the geothermal energy operation are eliminated or minimised so far as is reasonably practicable––

(i) the environment;

(ii) any member of the public, land or property in the vicinity of the operation;

(iii) any relevant geothermal energy or geothermal energy resource that the operation may affect; and

(c) identifies the specific systems, practices and procedures to be used to ensure that the performance objectives and standards in the environment management plan are met; and

(d) includes measures to ensure that each employee or contractor working in connection with the operation—

(i) is aware of the employee's or contractor's responsibilities in relation to the environment, any member of the public, land or property in the vicinity of the operation; and

(ii) is aware of the employee's or contractor's responsibilities in relation to any geothermal energy or geothermal energy resource that the operation might affect; and

(iii) has the appropriate skills and training to be able to fulfil those responsibilities; and

(e) provides for the monitoring and audit of the performance of the holder of the authority in relation to meeting the performance objectives and standards in the environment management plan; and

(f) provides for review of the implementation strategy; and

(g) provides for the maintenance of an accurate quantitative record of emissions and discharges into the air, onto the land surface environment or below the land surface environment that can be monitored and audited against the performance standards; and

(h) includes arrangements for recording, monitoring and reporting information about the operation (including information required to be recorded under the Act, the regulations and any other environmental legislation applying to the activity) to enable the Minister to determine whether there is compliance with the environment management plan; and

(i) includes procedures to ensure that details of all reportable incidents and recordable incidents are recorded and kept so that they may be made available to an inspector exercising a power under the Act; and

(j) provides for appropriate consultation, ongoing for the duration of the operation, about the holder of the authority's performance with—

(i) relevant agencies of the Commonwealth and the State; and

(ii) other relevant interested people and organisations; and

(k) provides for the maintenance of an up‑to‑date emergency response manual that includes detailed response arrangements for—

(i) dealing with any threat to the environment, to any member of the public, to land or to property in the vicinity of the operation and to any geothermal energy or geothermal energy resource that the operation might affect; and

(ii) ensuring that the threat does not harm anything or any person referred to in subparagraph (i).

16 Other information in the environment management plan

The environment management plan must contain the following—

(a) a statement of the corporate environmental policy of the holder of the authority;

(b) a report on any consultations between the holder of the authority and relevant agencies, interested people and organisations in the course of developing the environment management plan;

Division 3—Well operation management plan

17 Well operation management plan

(1) The well operation management plan set out in an operation plan by the holder of an authority must—

(a) be appropriate for the nature and scale of the well activity in the geothermal energy operation; and

(b) include details of the design of the well and ancillary equipment, including details of how the well will protect the geothermal energy resource; and

(i) the proposed geothermal energy operation, including proposed drilling; and

(ii) the process by which the well is to be brought to the stage where a connection can be made with a geothermal energy resource so that fluids can be produced from, or injected into, the resource; and

(iii) how modifications, maintenance and repairs to the well and ancillary equipment are to be managed; and

(iv) how suspension and abandonment of the well are to be managed; and

(v) the equipment and facilities to be used in connection with the well and ancillary equipment; and

(d) identify the risks associated with the well activity and state how the holder of the authority proposes to eliminate or minimise those risks.

(2) The well operation management plan must include the following material unless the Minister has given the holder of the authority written permission not to include material specified in the permission—

(a) information about the conduct of the well activity;

(b) an explanation of—

(i) the philosophy of, and criteria for, the design, construction, operational activity and management of the well and ancillary equipment; and

(ii) the possible geothermal energy resources extraction activities of the well, showing how the well activity, and all associated operational work, is to be carried out;

(i) the logs to be run; and

(ii) the proposals for testing of the well and ancillary equipment; and

(iii) proposed sampling and testing for geothermal energy;

(d) performance objectives against which the performance of the well activity is to be measured;

(e) measurement criteria that define the performance objectives in paragraph (d);

(f) an explanation of how the holder of the authority proposes to deal with—

(i) a well integrity hazard; and

(ii) a significant increase in an existing risk or a well integrity hazard in relation to the well, including the possibility of continuing an activity for the purpose of dealing with the well integrity hazard or the risk; and

(iii) the protection of aquifers and hydrocarbon‑bearing formations, including the steps to be undertaken during the drilling and continuing operation and decommissioning of a well to prevent communication between, leakage from or the pollution of aquifers or hydrocarbon‑bearing formations.

18 Consent to conduct extraction test

(1) On the application of the holder of an authority, the Minister may grant written consent to conduct a geothermal energy extraction test in a well that has not been opened to extraction if the Minister is satisfied that it is appropriate to do so.

(2) An application under subregulation (1) must provide details of the proposed testing program and the equipment to be used.

(3) The Minister may impose conditions on a consent granted under subregulation (1).

(4) The holder of an authority must not conduct a geothermal energy extraction test in a well that has not been opened to extraction except in accordance with a consent granted under subregulation (1).

Penalty: 20 penalty units.

19 Consent to suspend or abandon a well

(1) On the application of the holder of an authority, the Minister may grant written consent to suspend or abandon a well if the Minister is satisfied that it is appropriate to do so.

(2) An application under subregulation (1) must include––

(a) the name and exact location of the well; and

(b) the reasons for the proposed suspension or abandonment; and

(c) the details of the proposed suspension or abandonment program, including the method by which the well is to be made safe.

(3) The Minister may impose conditions on a consent granted under subregulation (1).

(4) The holder of an authority must ensure that a well is not suspended except in accordance with a consent granted under subregulation (1).

Penalty: 20 penalty units.

(5) The holder of an authority must ensure that a well is not abandoned except in accordance with a consent granted under subregulation (1).

Penalty: 20 penalty units.

Part 6—Reporting

20 Samples

(1) The holder of an authority must ensure that any samples collected in connection with the drilling of a well are processed and stored in accordance with good industry practice.

Penalty: 20 penalty units.

(2) For the purposes of section 113(c) of the Act, the holder of an authority must ensure that any samples collected in connection with the drilling of a well, if requested by the Minister, are given to the Minister in accordance with the request.

Note

Section 113(c) of the Act provides a penalty of 60 penalty units for failing to give the Minister samples when required to do so by the regulations.

21 Annual report

(1) For the purposes of section 113(c) of the Act, the holder of an authority must give the Minister a report, in respect of each financial year, of the following—

(a) the geothermal energy operation activities undertaken under the authority during that year (if any);

(b) conclusions derived from those activities;

(2) A report under subregulation (1) must include the following—

(a) details of the expenditure by the holder of the authority on each activity undertaken during the year;

(b) if the authority is an extraction licence, the quantities of geothermal energy extracted under the licence;

(d) the name of the person who prepared the report.

(3) The holder of an authority must give the report under subregulation (1) to the Minister—

(a) within 28 days after the end of the financial year to which it relates; or

(b) if the authority ceases to have effect during a financial year, within 28 days after the authority ceases to have effect.

(4) The Minister, on a request from the holder of an authority, may extend the period for the submission of a report.

(5) If the Minister extends the submission period under subregulation (4), the holder of an authority must give the report to the Minister within the extended period.

(6) For the purposes of this regulation, a holder of an authority includes a person who was the holder of an authority in the financial year to which the report relates.

Note

Section 113(c) of the Act provides a penalty of 60 penalty units for failing to give the Minister information or records when required to do so by the regulations.

22 Reports of surveys, drilling and other activities

(1) For the purposes of section 113(c) of the Act, the holder of an authority must give to the Minister, in an electronic form which accords with industry standards—

(a) a report (including interpreted data), in respect of each financial year, of the following matters—

(i) surveys taken;

(ii) drilling activities, together with logs (including temperature logs) and maps showing the locations of the drill holes;

(iii) seismic activities;

(iv) samples of any material tested, together with test results;

(v) any geothermal energy resources, identified, if possible, in an industry standard manner;

(vi) each geophysical, geochemical, geotechnical or seismic survey carried out by the holder; and

(b) copies of field, positional and processed or reprocessed data (including interpreted data) in respect of each financial year.

(2) A report under subregulation (1) must be dated and include the name of the person who prepared the report.

(3) The holder of an authority must give the report and data under subregulation (1) to the Minister—

(a) within 28 days after the end of the financial year to which the report and data relate; or

(b) if the authority ceases to have effect during a financial year, within 28 days after the authority ceases to have effect.

(4) The Minister, on a request from the holder of an authority, may extend the period for the submission of a report or data.

(5) If the Minister extends the submission period under subregulation (4), the holder of an authority must give the report or data to the Minister within the extended period.

(6) For the purposes of this regulation, a holder of an authority includes a person who was the holder of an authority in the financial year to which the report or data relates.

Note

Section 113(c) of the Act provides a penalty of 60 penalty units for failing to give the Minister information or records when required to do so by the regulations.

23 Incident reporting

(1) The holder of an authority must give to the Minister notice of a reportable incident in accordance with subregulation (2)—

(a) as soon as is practicable after the reportable incident occurs; or

(b) if the holder of the authority is not aware of the reportable incident at the time it occurs, as soon as practicable after the holder becomes aware that the reportable incident occurred.

Penalty: 20 penalty units.

(2) Notice under subregulation (1) must—

(a) include the date, time and place of the reportable incident; and

(b) describe the steps taken to minimise the impact of the reportable incident.

(3) Notice under subregulation (1) may be given orally or in writing.

(4) As soon as practicable after the holder of an authority gives notice to the Minister under subregulation (1), the holder must give the Minister a written report that includes—

(a) the date, time and place of the reportable incident; and

(b) a description of the reportable incident; and

(d) a description of the steps taken or proposed to be taken to minimise the impact of the reportable incident; and

(e) a description of the steps taken or proposed to be taken to prevent a recurrence of the reportable incident.

Penalty: 20 penalty units.

Part 7—Geothermal energy register

24 Documents to be registered

In addition to the items listed in section 153 of the Act, the Minister must register the following documents in the geothermal energy register—

(a) consolidations of adjoining authorities;

(b) instruments approving the transfer of an authority;

(d) instruments requiring persons to enter unit development agreements;

(e) instruments suspending conditions imposed on authorities.

Part 8—Administrative matters and fees

25 Dimensions, boundaries, position and extent of authority area

The Minister may determine the dimensions, boundaries, form, position and extent of an authority area by means of 10 kilometre interval grid co-ordinates on the Map Grid of Australia 1994 (MGA94).

26 Maximum permit area

For the purposes of section 24(a)(i) of the Act, the prescribed number of square kilometres is 10 000 square kilometres.

27 Form of work program

For the purposes of section 61(d) of the Act, a work program must be—

(a) in an electronic form approved by the Minister; or

(b) in writing.

28 Period before a disputed claim can go to the Tribunal or Supreme Court

For the purposes of section 94(2) of the Act, the specified period of time is 30 days.

29 Manner and time of payment of royalty

For the purposes of section 105(2) of the Act, the specified time and manner for payment of royalties is payment in respect of the geothermal energy extracted in each financial year within 28 days after the end of the financial year to which the payment relates.

30 Fees for application for authorities

The following fees are payable for applications for an authority—

(a) in the case of an application for an exploration permit, 375 fee units;

(b) in the case of an application for a retention lease, 565 fee units;

(d) in the case of an application for a special access authorisation, 165 fee units;

(e) in the case of an application for a special drilling authorisation, 165 fee units.

31 Fee for renewal of exploration permit

For the purposes of section 28(1)(b) of the Act, the renewal fee is 170 fee units.

32 Annual fees

(1) The following annual fees are payable—

(a) in the case of an exploration permit, 125 fee units;

(b) in the case of a retention lease, 125 fee units;

(d) in the case of a special access authorisation, 125 fee units;

(e) in the case of a special drilling authorisation, 125 fee units.

(2) The annual fee payable in respect of the first year after the registration of an authority must be paid no later than 7 days after the authority is registered.

(3) The annual fee payable in respect of the second or subsequent year after the registration of an authority must be paid before the first anniversary of the registration of the authority.

33 Fees for application for approval of transfer of authority

The following fees are payable for applications for approval of a transfer—

(a) in the case of a transfer, or partial transfer, of an exploration permit, 115 fee units;

(b) in the case of a transfer of a retention lease, 115 fee units;

(d) in the case of a transfer of a special access authorisation, 115 fee units;

(e) in the case of a transfer of a special drilling authorisation, 115 fee units.

34 Processing fee for application for suspension or variation of conditions of an authority

The fee payable for processing an application for the suspension or variation of a condition of an authority is 115 fee units.

35 Processing fees for application to consolidate adjoining authorities

The following fees are payable for the processing of applications to consolidate adjoining authorities—

(a) in the case of an application to consolidate adjoining exploration permits, 115 fee units;

(b) in the case of an application to consolidate adjoining retention leases, 115 fee units;

(d) in the case of an application to consolidate adjoining special access authorisations, 115 fee units;

(e) in the case of an application to consolidate adjoining special drilling authorisations, 115 fee units.

36 Processing fees for application for acceptance of operation plans

The following fees are payable for the processing of an application for the acceptance of an operation plan by the Minister—

(a) in the case of an application for the acceptance of an operation plan that includes proposed drilling activities, 960 fee units;

(b) in the case of an application for the acceptance of an operation plan that does not include proposed drilling activities, 390 fee units.

37 Fees for inspection of, or copy of document in, geothermal energy register

For the purposes of section 158(1) and (2) of the Act, the following fees are payable—

(a) for inspection of the geothermal energy register, 2 fee units;

(b) for each page of a copy of a document or entry in the geothermal energy register, $4.00.

38 Fee for Minister's certificate

For the purposes of section 159(2) of the Act, the fee payable for a certificate is 5 fee units.

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Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Geothermal Energy Resources Regulations 2026, S.R. No. 17/2026 were made on 17 March 2026 by the Governor in Council under section 169 of the Geothermal Energy Resources Act 2005, No. 7/2005 and came into operation on 21 March 2026: regulation 3.

The Geothermal Energy Resources Regulations 2026 will sunset 10 years after the day of making on 17 March 2036 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

There are no amendments made to the Geothermal Energy Resources Regulations 2026 by statutory rules, subordinate instruments and Acts.

3 Explanatory details

Reg. 4: S.R. No. 15/2016.

——

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2025 is $16.81. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2025 is $203.51. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 17/2026 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2024.

| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| --- | --- | --- |
| Regulation 5 (definition of ***Map Grid of Australia 1994 (MGA94)***) | Geocentric Datum of Australia defined in the notice of the Intergovernmental Committee on Surveying and Mapping and published in Commonwealth Government Gazette Number GN 35 of 6 September 1995 (page 3369) | The whole |

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1 Geothermal Energy Resources Regulations 2026

Version No. 001

Geothermal Energy Resources Regulations 2026

S.R. No. 17/2026

Version as at
21 March 2026

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provision 1

3 Commencement 1

4 Revocation 1

5 Definitions 2

Part 2—Exempt operations 6

6 Exploration operations to which the Act does not apply 6

7 Extraction operations to which the Act does not apply 6

Part 3—Extraction licences 7

8 Application for an extraction licence to contain certain information 7

Part 4—Development plans 8

9 Content of geothermal energy extraction development plans 8

10 Additional information 9

Part 5—Operation plan 10

Division 1—General 10

11 Operation plan 10

Division 2—Environment management plan 11

12 Description of the environment, etc. 11

13 Identification and assessment of risks 12

14 Performance objectives and standards 12

15 Implementation strategy for the environment management plan 13

16 Other information in the environment management plan 15

Division 3—Well operation management plan 16

17 Well operation management plan 16

18 Consent to conduct extraction test 18

19 Consent to suspend or abandon a well 19

Part 6—Reporting 20

20 Samples 20

21 Annual report 20

22 Reports of surveys, drilling and other activities 21

23 Incident reporting 23

Part 7—Geothermal energy register 25

24 Documents to be registered 25

Part 8—Administrative matters and fees 26

25 Dimensions, boundaries, position and extent of authority area 26

26 Maximum permit area 26

27 Form of work program 26

28 Period before a disputed claim can go to the Tribunal or Supreme Court 26

29 Manner and time of payment of royalty 26

30 Fees for application for authorities 27

The Regulations revolve around a handful of organising legal and technical concepts that determine scope, thresholds, and operational obligations.

Exemption thresholds: The Regulations exclude low‑temperature and shallow resources from requiring permits or licences. Regulations 6 and 7 provide that exploration permits and extraction licences are not required where the in situ temperature is under 70°C or the resource lies less than one kilometre below surface, with temperature measurement method subject to Secretary approval (regs 6(a), 7(a)). These thresholds define the jurisdictional floor for the regulatory regime.

Operation, development and well planning: The Regulations delineate three nested planning instruments. A geothermal energy extraction development plan must describe staging, geological data, further studies, a resource management plan and recovery estimates (reg 9). An operation plan (reg 11) must be appropriate to scale, describe the operation, include an environment management plan (Div. 2) and, if wells are involved, a well operation management plan (Div. 3). The environment management plan must describe the environment, identify and assess risks, define performance objectives and standards, and set an implementation strategy (regs 12-16). The well operation management plan must cover design, operational philosophy, testing, sampling, performance objectives and how to deal with well integrity hazards (reg 17).

Risk and practicability: The Regulations adopt a “practicable” standard when requiring elimination or minimisation of hazards, expressly calibrating practicability by severity, state of knowledge, availability and suitability of measures, and cost (reg 5 definition of “practicable”). This makes cost an explicit factor in deciding what mitigation steps are required.

Data, reporting and records: Holders must collect and retain samples in accordance with good industry practice and provide them to the Minister on request (reg 20). Annual reports and detailed technical submissions (surveys, logs, seismic, test results, interpreted data and positional data) must be supplied electronically in industry standard formats within 28 days after the financial year (regs 21-22). Incident reporting duties include immediate notice for reportable incidents and written follow‑up, with specified content (reg 23).

Ministerial discretion and administrative process: The Minister has a number of discretionary procedural powers: to request additional information for development or operation plans (regs 10, 11(3)); to impose conditions on consents for extraction tests, suspension or abandonment (regs 18(3), 19(3)); to accept or require modifications to plans (reg 11); to register specific instruments in the geothermal register (reg 24); and to grant extensions for the reporting windows (regs 21(4), 22(4)). The Regulations also specify the technical method for area definition , use of MGA94 grid co‑ordinates at 10 kilometre intervals (reg 25) , and a maximum permit area of 10,000 square kilometres (reg 26).

Fees, penalties and timelines: The Regulations set a comprehensive schedule of fees and processing charges (regs 30-38), annual fees (reg 32), transfer/application/processing fees (regs 30, 33-36), register inspection fees and Minister’s certificate fee (regs 37-38). Penalties for selected breaches appear in the Regulations (for example, 20 penalty units for conducting an extraction test without consent , reg 18(4); for unauthorised suspension or abandonment , reg 19(4)-(5); for sample processing non‑compliance , reg 20(1); for failure to notify reportable incidents as soon as practicable , reg 23(1)), while the Regulations also rely on the Act’s s 113(c) to support higher penalties (60 penalty units) for failing to give certain information or samples when required (see notes attached to regs 20-22).

Register and public record: The Minister is obliged to register specified documents in addition to those in s 153 of the Act (reg 24). These include consolidations, transfers (full and partial), instruments requiring unit development agreements, and instruments suspending conditions.

Temporal and interpretive settings: The Regulations commence 21 March 2026 (reg 3), revoke the 2016 Regulations (reg 4), and, per endnotes, will sunset ten years after making (17 March 2036) under the Subordinate Legislation Act 1994. The Regulations incorporate external matters for map grid definitions (MGA94) and rely on statutory definitions of fee and penalty units per the Monetary Units Act 2004 and Sentencing Act 1991 (endnotes).

Taken together, these main concepts structure who must act, what documentary and technical standards apply, the Minister’s decision points and powers, and the penalties for non‑compliance. They convert policy objectives in reg 1 into operational obligations (detailed plans, audits, monitoring, emergency manuals) and administrative transactions (fees, registers, consents).

Primary duty‑holders: The Regulations principally bind holders of geothermal authorities , exploration permit holders, retention lease holders and extraction licence holders. The operation plan and environment/well management plan obligations apply to the holder of an authority (reg 11), and reporting duties are imposed expressly on “the holder of an authority” (regs 20-23). The Regulations also extend certain obligations to persons who were holders during the reporting year (regs 21(6), 22(6)).

Applicants and prospective entrants: Prospective applicants for extraction licences must supply prescribed information to allow the Minister to assess resource existence and commercial feasibility, and to indicate the likely resource area (reg 8). Applicants for authorities pay application fees (reg 30) and, if successful, can expect to face significant plan preparation, monitoring and reporting obligations. The prescribed maximum permit area (10,000 square kilometres, reg 26) and the mapping method (10 km grid intervals in MGA94, reg 25) will affect how applicants define and claim areas.

Operators and contractors: The Regulations require that each employee or contractor be aware of responsibilities and have appropriate skills and training (reg 15(d)). The well operation management plan (reg 17) and implementation strategy (reg 15) create compliance tasks for drilling contractors, testing crews and facility maintenance teams. Contractors performing drilling, logging, sampling, and monitoring must comply with the holder’s prescribed procedures and the industry‑standard data formats required for submissions (reg 22(1)).

Landowners, neighbouring communities and other interested persons: The environment management plan must identify “communities, land or property in the vicinity of the operation” and relevant geothermal resources that might be affected (reg 12(c)). The plan must provide for consultation with relevant Commonwealth and State agencies and “other relevant interested people and organisations” (reg 15(j)), thereby making local stakeholders recipients of consultation obligations. The Regulations also require public safety considerations in risk assessments (reg 13).

Regulators and the Minister: The Minister is the primary decision‑maker under these Regulations for plan acceptance, consent grants and data requests (regs 10, 11(3), 18-19). The Minister must also register specified instruments (reg 24). Inspectors under the Act will have powers to access the records the Regulations require be kept and available (reg 15(i), reg 16 and the Act’s inspection powers referenced indirectly).

Other statutory regimes and agencies: The Regulations interact with other environmental and planning law because the environment management plan must list all environmental legislation that may apply to the geothermal operation (reg 16(c)). The definition of “environmental legislation” includes Commonwealth Acts and subordinate instruments (reg 5). Thus state or Commonwealth environmental approvals and statutory obligations will affect those holding geothermal authorities.

Finance and compliance intermediaries: Accountants, compliance officers and legal advisers will be engaged for fee payments and reports, royalty calculations (reg 29 sets timing), and in preparing annual reports with expenditure breakdowns (reg 21(2)(a)). The data submission requirements and the need for audited monitoring and records will involve professional services for data management, GIS positioning using MGA94 co‑ordinates, and record retention.

In short, the Regulations create obligations across the lifecycle of geothermal projects: applicants and holders pay fees and prepare technical documents; contractors implement plans and data collection; communities are brought into consultation processes; and the Minister and inspectors exercise acceptance, consent and enforcement powers. The exemptions for shallow and low‑temperature resources mean very small, low‑temperature prospects may remain outside this regime (regs 6-7), affecting the effective pool of regulated operators.

Duties imposed on holders of authorities: The Regulations place multiple continuing duties on holders of authorities.

Application content: Applicants for extraction licences must provide data sufficient for the Minister to assess whether a resource exists and whether exploitation is likely commercially feasible, and a map stating the likely resource area in square kilometres (reg 8). This is a pre‑grant information duty.
Development plan obligations: Holders must prepare a geothermal energy extraction development plan describing stages, equipment, existing geological data, proposed further studies, a resource management plan and recovery rate estimates (reg 9). The holder must ensure the development plan is reviewed within one year after initial extraction and annually thereafter unless the Minister agrees otherwise (reg 9(2)).
Operation plan: Under reg 11, a holder giving an operation plan must ensure it is proportionate to the nature and scale of the operation, contains a description of equipment and facilities, an environment management plan (Div. 2), and where wells are involved, a well operation management plan (Div. 3). Holders must also set processes for risk review when significant changes occur, review the plan at least every five years, and report findings of such reviews to the Minister (reg 11(1)(vi)‑(viii)).
Environment management plan duties (regs 12-16): A holder’s environment management plan must describe environmental values and sensitivities, identify communities and resources that may be affected (reg 12), identify and assess normal and abnormal activity risks (reg 13), define performance objectives and standards with measurement methods (reg 14), and include an implementation strategy covering systems, procedures, training, monitoring, auditing, incident recording and emergency response manuals (reg 15). The plan must include corporate environmental policy, consultation reports and a list of applicable environmental legislation (reg 16).
Well operation duties (reg 17): Where wells are made, the well operation management plan must be appropriate to scale, include well and ancillary equipment design details, describe drilling, connection to resource, modifications, maintenance, suspension, abandonment, identify risks, and set performance objectives and measurement criteria (reg 17). The plan must also explain how well integrity hazards and protection of aquifers and hydrocarbon formations will be managed (reg 17(2)(f)‑(iii)).
Consent regimes: A holder must not conduct an extraction test in a well that has not been opened to extraction without written Ministerial consent (reg 18(4)), nor may a well be suspended or abandoned except with Ministerial consent (reg 19(4)‑(5)). Applications for those consents must include detailed programs, locations, reasons, and methods for making wells safe (regs 18(2), 19(2)).
Sample and data duties: Holders must ensure samples collected during drilling are processed and stored in accordance with good industry practice (reg 20(1)). If requested, samples must be given to the Minister (reg 20(2)). Holders must supply annual reports (reg 21) and detailed electronic reports of surveys, drilling activities, seismic activities, test results, interpreted data, positional and processed data in industry standard electronic form within 28 days after the end of the financial year or on cessation (regs 21-22).
Incident reporting: Holders must notify the Minister as soon as practicable of reportable incidents and provide specified information orally or in writing, followed by a written report detailing causes and remedial steps (reg 23).

Rights and Ministerial powers: The Regulations confer several procedural rights and Ministerial discretions.

Minister may require additional information: If a development plan or operation plan is submitted, the Minister may issue written notice requiring additional information relevant to approval or acceptance (regs 10, 11(3)).
Minister may grant, condition or refuse consents: For extraction tests or suspension/abandonment, the Minister may grant written consent if satisfied it is appropriate and may impose conditions (regs 18(1), 18(3), 19(1), 19(3)). The holder has the right to apply, but no statutory guarantee of consent.
Extensions and process timing: The Minister may extend reporting periods on request (regs 21(4), 22(4)), and may determine area boundaries and the format (reg 25).
Register entitlements: The Minister is required to register specific documents in the geothermal energy register (reg 24), making certain instruments public or recorded.

Compliance enforcement and civil duties: The Regulations specify penalties (see next section) and reference higher penalties in the Act for failure to provide certain data (s 113(c) cited in regs 20-22). Holders must record and retain details of reportable and recordable incidents for inspector access (reg 15(i)), and maintain up‑to‑date emergency response manuals (reg 15(k)).

Administrative and financial obligations: Holders must pay application fees, annual fees, processing fees and other charges set out in regs 30-38. Annual fees for different authority types are specified (reg 32), with the first year’s fee due within 7 days of registration (reg 32(2)) and subsequent years before the first anniversary (reg 32(3)). Royalties are to be paid within 28 days after the end of the financial year for geothermal energy extracted that year (reg 29).

Decision and review timings affecting rights: The Regulations prescribe a specified period before a disputed claim can go to Tribunal or Supreme Court of 30 days (reg 28), setting a narrow window before judicial or Tribunal review of certain administrative decisions.

In summary, the holder bears the lion’s share of operative duties: planning, monitoring, recordkeeping, reporting, training and payment of fees and royalties. The Minister retains substantial procedural powers to require information, to accept or condition plans and to approve specific high‑risk activities such as extraction tests and well abandonment. The design creates ongoing operational obligations rather than a one‑off compliance event.

The Regulations use a mix of specific penalties expressed in penalty units together with references to statutory penalties in the Act for certain failures to provide information or samples.

Penalties specified in the Regulations: Several specific breaches carry penalties of 20 penalty units under the Regulations:

Conducting an extraction test in a well that has not been opened to extraction other than in accordance with Ministerial consent is penalised, 20 penalty units (reg 18(4)).
Suspending a well other than in accordance with Ministerial consent attracts 20 penalty units (reg 19(4)); abandoning a well other than with consent also attracts 20 penalty units (reg 19(5)).
Failure to process and store samples in accordance with good industry practice carries 20 penalty units (reg 20(1)).
Failure to give notice to the Minister of a reportable incident “as soon as is practicable” is penalised at 20 penalty units (reg 23(1)). Provision of the required written report after oral or initial notice is also penalised at 20 penalty units (reg 23(4)).

Statutory penalties referenced: The Regulations explicitly refer to s 113(c) of the Act in relation to providing samples and reports. The regulations note that s 113(c) of the Act provides a penalty of 60 penalty units for failing to give the Minister samples or information when required by the regulations (see the notes to regs 20 and 21 and the note after reg 22). Thus non‑compliance with certain statutory information requests may attract the higher Act penalty.

Unit valuation and monetary equivalents: The Regulations set penalties in penalty units and fees in fee units. The endnotes state the value of a fee unit for the financial year commencing 1 July 2025 is $16.81 and the value of a penalty unit is $203.51. Using those FY 2025‑26 values as published in the endnotes, a 20 penalty unit fine would be $4,070.20 (20 × $203.51), and a 60 penalty unit Act penalty would be $12,210.60. Fee amounts calculated from fee units (for example, an operation plan acceptance fee of 960 fee units where drilling is proposed) translate to approximately $16,137.60 for FY 2025‑26 (960 × $16.81). The Regulations and endnotes make clear these values are fixed annually by the Treasurer and published before 1 June for the following financial year, so monetary equivalents change over time.

Enforcement mechanisms and administrative levers: Enforcement appears to be through the Act’s inspection and enforcement regime (the Regulations require records, samples and incident reports to be made available to inspectors, reg 15(i) and reg 15(i)(i) etc.). The Minister may impose conditions when granting consents (regs 18(3), 19(3)) and may require additional information before accepting plans (regs 10, 11(3)). The geothermal energy register (reg 24) records transfers, consolidations and other instruments which can be relied upon administratively to affect title and obligations.

Temporal enforcement and dispute timelines: The Regulations set a specified 30 day period before a disputed claim can go to the Tribunal or Supreme Court (reg 28). This 30 day period constrains the timing of judicial or Tribunal review of certain administrative decisions.

Practical enforcement implications: The net effect is a two‑tier penalty structure: the Regulations prescribe many operational offences at 20 penalty units, while failing to provide data/samples when required by the Regulations can attract the higher statutory penalty referred to in s 113(c) of the Act (60 penalty units). Enforcement will therefore focus both on procedural compliance (timely reports, data submission, consents for tests/suspension/abandonment) and on substantive safety/environmental controls through plan conditions and inspector access to records. The Regulations also create a compliance burden that can be monitored and audited (reg 15(e),(g)), giving regulators a basis for enforcement action beyond monetary penalties, such as requiring remediation or varying conditions.

The Regulations are made under section 169 of the Geothermal Energy Resources Act 2005 and are structured to interact with, and reference, numerous other legislative instruments and statutory frameworks.

Direct references to the Act: Many provisions of the Regulations implement or specify matters referenced in the Act. For example, reg 8 prescribes information for purposes of s 45(1)(h) of the Act; reg 9 prescribes what a development plan must contain for purposes of s 51(2); reg 11 sets out required contents for an operation plan under s 96(1). The Regulations also refer to the Act’s s 113(c) when noting statutory penalties for failures to provide samples or records (notes to regs 20-22) and to s 153 and s 158 and s 159 for register and certificate matters (reg 24 and regs 37-38 reference those Act provisions).

Environmental legislation and Commonwealth laws: The Regulations define “environmental legislation” to include any Act and any instrument made under an Act, including Commonwealth Acts and subordinate instruments (reg 5). Environment management plans must list all environmental legislation that may apply to the operation (reg 16(c)) and must provide for consultation with relevant Commonwealth and State agencies (reg 15(j)). This cross‑reference means holders must coordinate compliance with other environmental approvals and statutory regimes, such as water, pollution control, heritage and planning statutes.

Mapping, coordinate and surveying standards: The Regulations prescribe Map Grid of Australia 1994 (MGA94) as the co‑ordinate system for determining dimensions and boundaries and require determinations by 10 kilometre interval grid co‑ordinates (reg 25). The reg 5 definition of MGA94 incorporates the Geocentric Datum of Australia 1994 and the Commonwealth Government Gazette notice (endnote table of applied matters), linking the Regulations to national geodetic standards and requiring holders to use those standards for area and position data.

Fee and penalty unit frameworks: Fees and penalties are specified by reference to fee units and penalty units. The endnotes explain that fee units and penalty units are governed by the Monetary Units Act 2004 and the Sentencing Act 1991 respectively; the Treasurer sets fee unit values annually and publishes them (endnotes). This cross‑link ties financial obligations under these Regulations to broader fiscal instruments.

Subordinate legislation and interpretation: The Regulations note the Subordinate Legislation Act 1994 for sunset provisions (endnotes), meaning these Regulations will automatically sunset after ten years from making (17 March 2036) unless otherwise extended or replaced. The endnotes also discuss the Interpretation of Legislation Act 1984 amendments and style changes that affect headings, examples and provision numbering, clarifying how the Regulations should be read and interpreted in context.

Industry standards and electronic formats: The Regulations require electronic reports “in an electronic form which accords with industry standards” (reg 22(1)). That creates an interaction with industry technical standards and data formats (not specified in the Regulations), requiring holders to adopt sector conventions and potentially other technical standards specified by relevant bodies. The Minister’s discretionary power to require additional information and to approve electronic forms (reg 11(3), reg 27(a)) creates further cross‑cutting administrative dependencies.

Registrar and public records: The geothermal energy register is governed by the Act; reg 24 adds further documents that must be registered. The interaction with Act provisions on registration, inspection, and certificates (s 153, s 158, s 159) brings the Regulations into the broader public record and title management framework under the Act.

Judicial and tribunal review: Reg 28 sets a specified period of 30 days before a disputed claim can go to the Tribunal or Supreme Court for the purposes of section 94(2) of the Act. That interacts with administrative law procedures for review and appeals, limiting the time before judicial processes may be initiated in certain circumstances.

In sum, the Regulations sit within a network of statutes: the parent Geothermal Act for substantive powers and penalties, the Monetary Units Act and Sentencing Act for financial and penalty valuation, the Subordinate Legislation Act for sunset mechanics, national geodetic standards for mapping, and environmental and other sectoral legislation for substantive environmental and safety obligations. Holders must therefore plan for compliance across multiple legal frameworks, and the Minister’s discretion to require additional information or impose conditions creates administrative linkages with other statutory regimes and technical standards.

The Regulations themselves state a short, explicit amendment and enactment history in the document’s front matter and endnotes.

Origination and commencement: The Regulations were made on 17 March 2026 by the Governor in Council under section 169 of the Geothermal Energy Resources Act 2005 and came into operation on 21 March 2026, per reg 3 and the endnotes.
Revocation of prior instrument: Regulation 4 expressly revokes the Geothermal Energy Resources Regulations 2016 (S.R. No. 15/2016). The endnotes identify S.R. No. 15/2016 as the revoked instrument.
Sunset: The endnotes record that, under section 5 of the Subordinate Legislation Act 1994, these Regulations will sunset ten years after making, on 17 March 2036, unless replaced, amended or saved by further legislative action.
Table of Amendments: The Regulations include a Table of Amendments section (2) which states there are no amendments made to the Geothermal Energy Resources Regulations 2026 by statutory rules, subordinate instruments or Acts. That means that, at the time the Version No. 001 was prepared (version as at 21 March 2026), no subsequent statutory amendments had been recorded.
Applied/adopted matters and interpretive notes: The explanatory details provide a table of applied or incorporated matter for the MGA94 definition (endnotes, Table of Applied, Adopted or Incorporated Matter). They also explain the application of the Interpretation of Legislation Act 1984 (ILA) style changes and the treatment of headings, examples, punctuation and provision numbers for instruments made on or after 1 January 2001 (endnotes, Interpretation section). These notes change how the Regulations are to be read but are not substantive amendments.
Fee and penalty valuation: The endnotes state the value of fee units and penalty units for the financial year commencing 1 July 2025, and that the Treasurer fixes values for future years (endnotes). While not an “amendment” to the Regulations themselves, these annual updates materially change the monetary impact of fees and penalties referenced in the Regulations.

Practical consequences of the amendment history: The Regulations are new instrument No. 17/2026 that replaces the 2016 Regulations and will be the operative subordinate instrument for a decade unless the Parliament, Governor in Council or relevant Minister amends or replaces them earlier. Practitioners should note the stated revocation and sunset dates, monitor for Treasurer determinations of fee/penalty unit values each financial year (as these materially affect fee and penalty dollar amounts), and track any post‑2026 statutory rules or Acts that might amend these Regulations.

The absence of recorded amendments at version 001 indicates that, at inception, the text should be treated as current and authoritative until amended. Users should monitor Victorian legislative updates and Government Gazettes for any Notices altering fee units, penalty units, or making textual amendments.

The text of the Regulations and the Endnotes contain no references to judicial or tribunal decisions interpreting or challenging these Regulations. The Table of Amendments explicitly records that there are no amendments made to the Regulations by subsequent statutory rules, subordinate instruments or Acts, and does not list any cases.

Specific procedural timing does, however, interact with rights of judicial or Tribunal review under the Act. Regulation 28 prescribes a specified period of 30 days for purposes of section 94(2) of the Act before a disputed claim can go to the Tribunal or Supreme Court. That 30 day window may be relevant to future litigation strategy or stays, because it constrains the time available to initiate certain judicial or Tribunal challenges for matters governed by s 94 of the Act. Practitioners should note the 30 day timing rule (reg 28) as it will shape administrative review timetables once decisions are made under the Act and these Regulations.

Because no litigation history is recorded in the instrument, there is no source‑grounded case law to cite concerning interpretation of:

the exemption thresholds for temperature and depth in regs 6-7;
the content and legal effect of environment management plans (regs 12-16);
the Minister’s discretion to require additional information (regs 10, 11(3));
the obligation to provide samples and the interaction with s 113(c) of the Act (reg 20 notes); or
the Ministerial consent regime for extraction tests, suspension and abandonment (regs 18-19).

That absence of precedent means initial disputes will be litigated or litigatory practice will develop from first enforcement or refusal decisions. Parties should therefore expect the first litigation relating to these Regulations to be fact‑driven challenges to Ministerial discretion, to the interpretation of “practicable” (which explicitly factors cost into risk mitigation in reg 5), or to the boundaries of the 70°C and 1 km exemptions.

In practical terms, until courts or Tribunals authoritatively interpret ambiguous terms or the scope of Ministerial discretion, administrative decisions under these Regulations will involve some legal uncertainty. Users of the Regulations should plan for potential litigation risk where the Minister’s exercise of discretion affects material commercial outcomes (for example, whether an extraction test or well suspension is consented to, or whether the Minister requires additional studies before accepting a plan).

This section highlights specific provisions and operational features of the Regulations that commonly surprise holders, applicants and advisers if overlooked. Each item is grounded in the text.

Exemption thresholds are precise and measured: The regime exempts operations where in situ temperature is less than 70°C or the resource is shallower than one kilometre (regs 6-7). That does not exempt the device or activity if measured differently: temperature measurement method must be “approved by the Secretary” (regs 6(a), 7(a)). Practitioners must therefore validate measurement methods with the Secretary rather than rely on laboratory or contractor practice alone.
“Practicable” explicitly includes cost: The definition of “practicable” in reg 5 requires consideration of cost as one of the determinative factors. This is not an invitation to ignore risk, but it changes the legal standard for what mitigation is required and can be a point of contest in disputes about adequacy of measures.
Large maximum area: The prescribed maximum permit area is 10,000 square kilometres (reg 26). That is a very large area by land management standards and may affect competition and portfolio planning. Area boundaries are to be determined with 10 kilometre interval grid coordinates on MGA94 (reg 25), so holders must prepare GIS data in that format and at that grid resolution.
Ministerial discretion on additional information and conditions: The Minister can require additional information for development or operation plans (regs 10, 11(3)) and may impose conditions on consents for extraction tests, suspension or abandonment (regs 18(3), 19(3)). Expect iterative information requests and conditional approvals; plan submissions are not terminal events.
Reporting timelines are tight and recurring: Annual reports and data are due within 28 days after the end of the financial year or within 28 days after the authority ceases to have effect (regs 21(3), 22(3)). The Minister can extend these periods on request (regs 21(4), 22(4)), but holders must be ready to file large datasets (interpreted data, logs, maps, seismic, samples and processed positional data) in industry‑standard electronic formats without delay.
Electronic data must “accord with industry standards”: Reg 22 requires electronic reports “in an electronic form which accords with industry standards”. The Regulation does not itself define those standards; holders need to confirm the applicable technical specifications (file formats, metadata, coordinate systems) with the Minister or relevant agency early to avoid rejection or requests for resubmission.
Samples and s 113(c) interplay: Reg 20(2) requires giving samples to the Minister on request and the notes reference s 113(c) of the Act, which carries a 60 penalty unit sanction for failing to give samples. The Regulations separately penalise poor sample processing/storage with 20 units (reg 20(1)), but failure to deliver samples on request may attract the higher statutory penalty under the Act. Practitioners should treat Ministerial requests for samples as high‑priority compliance events.
Consent required before extraction tests and abandonment/suspension: A holder must not conduct an extraction test in a well that has not been opened to extraction without Ministerial consent (reg 18(4)), nor suspend or abandon a well without consent (reg 19(4)-(5)). Each breach carries 20 penalty units. Applications for consent must include detailed testing or suspension/abandonment programmes (regs 18(2), 19(2)). Do not proceed with tests or closure activities on the assumption of after‑the‑fact notification.
Fee levels and annual unit valuations can change: Fees are expressed in fee units (regs 30-38) and their dollar value is set annually by the Treasurer (endnotes). The endnotes provide FY 2025‑26 values (fee unit $16.81, penalty unit $203.51), but these can change. High one‑off processing fees apply to operation plan acceptance where drilling is proposed (960 fee units, reg 36(a)), which for FY 2025‑26 equates to roughly $16,137.60. Budget accordingly and monitor Gazette notices for fee unit changes.
Emergency response and training requirements are operational: Environment management plans must provide for staff and contractor awareness of responsibilities, appropriate skills and training, and must maintain an up‑to‑date emergency response manual with detailed response arrangements (reg 15(d), (k)). These are active management obligations that imply ongoing training, resilience planning and recordkeeping.
Recordkeeping and inspector access: The implementation strategy must include arrangements for recording, monitoring and reporting information required by the Act, the Regulations and other environmental legislation and must ensure reportable and recordable incidents are recorded and kept available to inspectors (reg 15(h)-(i)). Inspectors can therefore expect to audit both operational performance and documentation.
30 day restriction to bring certain disputes: For the purposes of s 94(2) of the Act, the Regulations specify a 30 day period before a disputed claim can go to Tribunal or Supreme Court (reg 28). Practitioners should factor in that narrow time limit when advising on review or appeal strategies.

Failing to address these items can produce administrative delay, fee shocks, higher penalties, or substantive enforcement action. Early coordination with technical advisers, GIS capability for MGA94 mapping, robust sample handling and a schedule for annual reporting will materially reduce compliance risk.

A practical compliance checklist based on the Regulations' prescriptive requirements follows. Each item cites the relevant regulation(s) and suggests discrete actions for legal, technical and compliance teams.

Pre‑project assessment: Determine whether your operation is exempt under regs 6-7. If the in situ temperature is <70°C or the target is <1 km depth, an exploration permit or extraction licence is not required, but confirm measurement method with the Secretary since temperature measurement must be “approved by the Secretary” (regs 6(a), 7(a)). Document the Secretary’s approval.
Licence application: For extraction licence applications, include all information “reasonably necessary” for the Minister to determine resource existence and commercial feasibility, and provide a map with likely resource area in square kilometres and supporting information to determine licence area (reg 8). Prepare geological and commercial feasibility material and a map using MGA94 coordinates as defined (reg 25 and reg 5 definition).
Development plan drafting and review: Prepare a geothermal energy extraction development plan per reg 9, including staged descriptions, equipment lists, existing geological and geothermal data, proposed further studies, a geothermal resource management plan stating extraction method, reasons, performance estimates and proposed recovery rate (reg 9(1)). Implement processes to review the plan within one year after initial extraction and annually thereafter (reg 9(2)).
Operation plan and environment management plan: Prepare an operation plan scaled to the nature of the operation that includes an environment management plan (reg 11(1)(a),(c)). The environment plan must: describe environment values and sensitivities (reg 12); identify and assess risks from normal and abnormal activities (reg 13); set performance objectives and measurable standards with methods (reg 14); and include an implementation strategy covering systems, procedures, training, monitoring, audit, recordkeeping, emissions accounting, incident recording and consultation (reg 15). Include corporate environmental policy and a list of applicable environmental legislation (reg 16). Keep evidence of consultation records (reg 16(b)).
Well operation management plan: If creating wells, include a well operation management plan per reg 17 with well design, ancillary equipment, drilling plans, connection processes, maintenance and repair regimes, suspension/abandonment protocols, testing, sampling proposals, performance objectives and measurement criteria, and detailed steps to prevent pollution or communication between aquifers and hydrocarbon formations (reg 17(1)-(2)(f)).
Consent applications for tests and suspension/abandonment: Obtain Ministerial consent before conducting extraction tests in unopened wells (reg 18) or suspending/abandoning wells (reg 19). Application materials must include testing/suspension/abandonment programs, equipment, exact well location, reasons and methods for making the well safe (regs 18(2), 19(2)). Expect conditions; include contingency measures in submissions.
Sampling, storage and transfer: Ensure samples collected during drilling are processed and stored in accordance with good industry practice (reg 20(1)). Establish chain of custody, labelling, storage protocols and a process to supply samples to the Minister if requested (reg 20(2)). Treat Ministerial sample requests as urgent because of the Act’s s 113(c) penalty referenced in the Regulations.
Reporting regime and data standards: Prepare systems to produce annual reports and technical reports within 28 days after the end of each financial year (regs 21-22). Reports must include activities, conclusions, expenditure details, quantities of geothermal energy extracted (if extraction licence), and the name/date of preparer (reg 21). Technical reports must supply surveys, drilling logs including temperature logs, seismic data, sample test results, interpreted resource data and copies of field and processed data in electronic form “which accords with industry standards” (reg 22(1)). Agree electronic data formats and metadata standards with the Minister or relevant agency in advance to avoid rework.
Incident management and reporting: Implement procedures to identify reportable and recordable incidents under the Regulations’ definitions (reg 5). Set up immediate notification lines so a reportable incident can be notified “as soon as is practicable” and followed by a written report providing date/time/place, description, suspected causes and corrective/preventive steps (reg 23). Maintain detailed incident records for inspector review (reg 15(i)).
Monitoring, audits and training: Implement audit and monitoring protocols to measure performance against objectives and standards in the environment management plan (reg 15(e)). Keep quantitative records of emissions and discharges for audit (reg 15(g)). Maintain training records demonstrating that employees and contractors are aware of responsibilities and have appropriate skills (reg 15(d)).
Register and document management: Submit to the geothermal energy register the required documents (reg 24) and be prepared to pay register inspection or copy fees (reg 37). Keep copies of instruments affecting title (consolidations, transfers, partial transfers) and instruments requiring unit development agreements on file for registration.
Fees, annual payments and royalties: Budget for application and processing fees (reg 30), annual fees (reg 32), processing fees for plan acceptance (reg 36), transfer fees (reg 33) and other processing charges (regs 34-35). Note first year annual fee is due within 7 days of registration (reg 32(2)); subsequent fees are due before each anniversary (reg 32(3)). Pay royalties for geothermal energy extracted within 28 days after the end of the financial year (reg 29). Convert fee units and penalty units to dollar amounts using fee and penalty unit values published by the Treasurer each year (endnotes).
Coordinate with other regulatory obligations: Include in the environment management plan a list of other environmental legislation that applies (reg 16(c)) and design compliance processes that integrate state and Commonwealth approvals. Secure necessary planning, water, pollution and heritage permits in advance.
Maintain GIS and surveying standards: Use MGA94 coordinate system and 10 km grid determination for area boundaries (reg 25). Prepare maps and digital assets accordingly.
Internal governance and record retention: Keep records for at least the periods required by the Act and these Regulations; ensure documents are available to inspectors (reg 15(i)). Record findings of plan reviews at least every five years and submit findings to the Minister (reg 11(1)(vii)-(viii)). Implement a schedule for plan reviews and a mechanism for Ministerial engagement on required additional information or changes.
Legal and administrative processes: Factor in the 30 day specified period before a disputed claim can go to Tribunal or Supreme Court (reg 28). Where plan acceptance or consents are likely to be contentious, engage legal advisers early to prepare for possible expedited review timelines.
Budget for contingencies: Because the Minister can require additional information or impose conditions (regs 10, 11(3), 18(3), 19(3)), reserve contingency budgets and time in project schedules to respond to information requests and to adjust operational plans accordingly.

By following the above checklist and aligning technical, legal and operational teams, holders and applicants can convert the Regulations’ prescriptive elements into operational controls. Early engagement with the Minister’s office on data standards, clear documentation of measurement methods (especially for temperature and depth), and robust sample handling and incident reporting procedures will materially reduce the likelihood of enforcement action or costly delays.

Geothermal Energy Resources Regulations 2026

Plain English Summary

Deep Dive

What it does

Current sections

Geothermal Energy Resources Regulations 2026

Source text: opening excerpt

1 Geothermal Energy Resources Regulations 2026

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply