Geothermal Energy Act 2009

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:

(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:

(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:

geothermal authority application means an application for:

(a) the grant, renewal, variation or surrender of a geothermal authority; or

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:

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 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

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:

(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;

(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.