1Short title
This Act may be cited as the Geothermal Energy Act 2009.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
Bill homepage (legislation.nt.gov.au)This Act may be cited as the Geothermal Energy Act 2009.
This Act commences on the date fixed by the Administrator by Gazette notice.
The object of this Act is to promote exploration for geothermal energy resources and production of geothermal energy in the Territory by implementing a scheme:
to give suitably qualified persons the right to occupy areas of land to conduct activities necessary for the exploration and production; and
to provide for protection of the environment during the exploration and production.
In this Act:
Aboriginal land, see section 3(1) of the ALRA.
application area means the area of land to which a geothermal authority application relates.
approved form means a form approved under section 117.
approved operations plan means a geothermal operations plan approved under section 68.
area of land, in relation to an application area or geothermal authority area, includes the area above, on or under the surface of the land.
block, see section 5(3).
conditions, of a geothermal authority, means conditions:
included in the authority by the Minister; and
(b) applicable to the authority as specified under Part 5, Division 3.
contractor means a person who, under a contract, performs work or supplies a service in connection with geothermal activities in a geothermal authority area.
critical incident means an occurrence, in a geothermal authority area, that has the potential to cause a significant adverse effect on the environment.
environmental harm, see section 82(1).
environmental nuisance, see section 83(1).
environmental obligation means an obligation under Part 8, Division 2.
environmental offence means an offence specified in Part 8, Division 3.
environmental protection strategy, for a geothermal authority area, means the strategy mentioned in section 67(2)(b) that is included in a geothermal operations plan for the area.
exploration, for geothermal energy resources, includes the following activities:
all methods of:
searching for the resources and taking samples for analysis; and
(ii) extracting and testing the resources for geothermal energy to determine the commercial viability of producing energy;
(b) the work and operations necessary to conduct the activities mentioned in paragraph (a).
extraction, of geothermal energy resources or geothermal energy, includes activities incidental to the extraction, including drilling and the construction and operation of pumps and pipes.
future act, see section 233 of the NTA.
GDA 94 means the national datum known as Geocentric Datum of Australia 1994 used for surveying, mapping and spatial referencing of geographical data.
geothermal activities means activities relating to exploration for, or extraction or production of, geothermal energy resources or geothermal energy.
geothermal authority means 1 of the following:
a geothermal exploration permit;
a geothermal retention licence;
a geothermal production lease.
geothermal authority application means an application for:
(a) the grant, renewal, variation or surrender of a geothermal authority; or
the surrender of part of a geothermal authority area.
geothermal authority area means a permit area, licence area or lease area.
geothermal authority holder means a permit holder, licence holder or lease holder.
geothermal authority interest means a legal or equitable interest in or affecting, or a right under:
a geothermal authority; or
a geothermal authority application.
geothermal energy means heat energy that results from natural geological processes and is contained in geothermal energy resources.
geothermal energy officer means a geothermal energy officer appointed under section 119.
geothermal energy resources means any of the following occurring naturally within the Earth:
geothermal water;
rock or any other material containing heat energy.
geothermal exploration permit, see section 11(1).
geothermal operations plan, see section 67(2).
geothermal production lease, see section 30(1).
geothermal retention licence, see section 21(1).
geothermal water means:
(a) water, water vapour or steam heated naturally within the Earth to 70°C or more; or
a mixture of such water, water vapour or steam.
information includes documents.
land of the Territory, see section 7(2).
lease means a geothermal production lease.
lease area means the area of land comprising the blocks to which a lease relates.
lease holder means the holder of a geothermal production lease.
licence means a geothermal retention licence.
licence area means the area of land comprising the blocks to which a licence relates.
licence holder means the holder of a geothermal retention licence.
management system, for a geothermal authority area, means the system mentioned in section 67(2)(a) that is included in the geothermal operations plan for the area.
material environmental harm, see section 83(2).
mineral, see section 9 of the Mineral Titles Act 2010.
mineral title means one of the following:
(a) a mineral title mentioned in section 11(1) of the Mineral Titles Act 2010;
(b) a non-compliant existing interest as defined in section 204(1) of the Mineral Titles Act 2010.
native title holder, see section 224 of the NTA.
native title rights and interests, see section 223 of the NTA.
necessary criteria, for a geothermal authority application, means the criteria specified in section 37.
occupier, of land, includes:
a person who has control or management of the land; and
(b) if a person holds a mineral title or petroleum interest for the land – the person.
officer means a geothermal energy officer.
operator, for a geothermal authority area, means:
(a) the person appointed in writing by the geothermal authority holder to control and manage the geothermal activities being, or to be, conducted in the area; or
(b) if the geothermal authority holder has not appointed a person to be the operator for the area – the geothermal authority holder.
owner, of land, includes the following:
(a) a person registered under the Land Title Act 2000 as the owner of the land;
a person who has a legal or equitable interest in the land;
(c) in relation to Aboriginal land – the Aboriginal Land Trust for the land;
(d) a native title holder or registered native title claimant in relation to the land.
permit means a geothermal exploration permit.
permit area means the area of land comprising the blocks to which a geothermal exploration permit relates.
permit holder means the holder of a geothermal exploration permit.
petroleum, see section 5(1) of the Petroleum Act 1984.
petroleum interest, see section 5(1) of the Petroleum Act 1984.
prescribed tribunal, in relation to a decision or hearing, means the Tribunal or court that the regulations specify under section 123(1) may conduct a review of the decision or the hearing.
reasonably believes means believes on reasonable grounds.
register means the Geothermal Authorities Register mentioned in section 70.
registered native title claimant, see section 253 of the NTA.
registration means the entry of information in the register.
reserved block means a block reserved under section 6(1).
security means security required under Part 5, Division 7.
serious accident means an occurrence, in a geothermal authority area, that causes material environmental harm.
serious environmental harm, see section 83(3).
technical work program, see section 65.
term, of a geothermal authority, means the period when the authority is in force.
the ALRA means the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth).
the NTA means the Native Title Act 1993 (Cth).
workforce means the people and entities working or providing services in connection with geothermal activities in a geothermal authority area.
For this Act, the land of the Territory is taken to be divided into graticular sections by the following lines:
the meridian of longitude 129 degrees east and each meridian of longitude east of it, with a distance of 1 minute between each of the meridians;
the parallel of latitude 26 degrees south and each parallel of latitude north of it, with a distance of 1 minute between each of the parallels.
The geographical coordinates of the graticular sections are determined on the basis of GDA 94.
A block is so much of a graticular section that is within the land of the Territory.
A reference in this Act to a block includes a reference to part of the block.
The Minister may, by Gazette notice, reserve a specified block (a reserved block) from exploration for, or the extraction or production of, geothermal energy resources or geothermal energy.
A person is not entitled to apply for a geothermal authority for a reserved block unless a notice inviting applications has been published under section 12.
This Act applies to all the land of the Territory.
(2) The land of the Territory includes the coastal waters of the Territory as defined in section 3(1) of the Coastal Waters (Northern Territory Powers) Act 1980 (Cth).
This Act binds the Crown in right of the Territory and, to the extent the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.
The Territory owns geothermal energy contained in geothermal energy resources before the resources are extracted in accordance with a geothermal production lease.
A person who holds a geothermal production lease becomes the owner of geothermal energy resources and geothermal energy extracted in accordance with the lease.
Part IIAA of the Criminal Code applies to an offence against this
Act.
Note
Part IIAA of the Criminal
Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.
(1) A geothermal exploration permit is an instrument that:
gives the permit holder:
the right to occupy the permit area; and
(ii) the exclusive right to conduct exploration for geothermal energy resources in the permit area; and
is in force and entered in the register.
(2) The rights of the permit holder may by exercised only in accordance with the conditions of the permit.
The permit remains in force:
for 5 years after the date it is granted or renewed; or
(b) if it is surrendered or cancelled before that time – until the surrender or cancellation takes effect.
The Minister may, by Gazette notice:
(a) state that specified reserved blocks may be released for the grant of geothermal exploration permits; and
(b) invite applications for the grant of permits for any of the blocks.
The notice must include the following information:
(a) a description of the blocks that may be released, expressed in geographical coordinates determined on the basis of GDA 94;
(b) if applicable – the persons entitled to apply to the Minister for the grant;
the period allowed for making an application;
the conditions on which an application may be made;
(e) a statement that a permit may be granted only to an applicant who complies with those conditions;
the information required from an applicant.
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