1Citation
These Regulations may be cited as the Geothermal Energy
Regulations 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.
These Regulations may be cited as the Geothermal Energy
Regulations 2009.
These Regulations commence on the commencement of the Geothermal
Energy Act 2009.
In these Regulations:
annual fee means the fee prescribed by regulation 8.
annual report means a report mentioned in section 52(1) of the Act.
authority year, see regulation 7.
expiry date means the date on which a geothermal exploration permit or geothermal retention licence ceases to be in force because of the expiry of the period specified in it.
extended time, in relation to a time allowed for taking an action as specified in a notice given under Part 2 or 3 of these
Regulations, means the time as extended under section 38(2) of the Act.
infringement notice, see regulation 33.
infringement notice offence, see regulation 32(1).
prescribed amount, see regulation 32(2).
prescribed lodgment day, for an annual report, see regulation 9(4).
reviewable decision, see regulation 25(1).
reviewable decision notice means a notice given under section 34 of the Northern Territory Civil and Administrative
Tribunal Act 2014.
Tribunal means the Civil and Administrative Tribunal.
(1) This regulation applies if, after considering an application for the grant or renewal of a geothermal exploration permit, the Minister:
(a) decides, under section 17(2)(a) or (b) of the Act, to grant a permit over all or some of the blocks comprising the application area; or
(b) decides, under section 19(1)(a) or (b) of the Act, to renew the permit over all or some of the blocks comprising the application area.
(2) The Minister must give the applicant a notice of the decision stating the following:
(a) the blocks for which the Minister intends to grant or renew the permit and, if applicable, the reason why the Minister does not intend to grant or renew the permit for all the blocks comprising the application area;
the conditions the Minister intends to include in the permit;
(c) that the applicant may accept the decision by giving the Minister a written notice of acceptance within the time specified in the notice (the specified time), in which case the Minister will grant or renew the permit on receipt of the notice;
(d) that the applicant may, within the specified time, give the Minister a written notice requesting the Minister to vary the decision in 1 or both of the following ways:
(i) if the Minister intends to grant or renew the permit over some of the blocks comprising the application area – by varying the blocks that will comprise the permit area in the way specified in the request;
by varying the conditions in the way specified in the request;
that if the applicant requests a variation under paragraph (d):
the notice must give reasons for the request; and
the procedures under subregulation (4) will apply.
(3) The specified time must be at least 28 days after the date on which the applicant is given the notice.
(4) If the applicant gives the Minister a notice under subregulation (2)(d) within the specified time or an extended time, the Minister must:
(a) vary the decision notified under subregulation (2) (the original decision) in the way requested by the applicant and grant or renew the permit in accordance with the variation; or
(b) vary the original decision in another way, grant or renew the permit in accordance with the variation, and give the applicant a reviewable decision notice relating to the variation; or
(c) refuse to vary the original decision, grant or renew the permit in accordance with the original decision, and give the applicant a reviewable decision notice relating to the refusal to vary the original decision.
(5) If the applicant does not give the Minister a notice under subregulation (2)(c) or (d) within the specified time or an extended time, the Minister must:
(a) grant or renew the permit as notified in the original decision; and
(b) if the Minister has granted or renewed the permit over some of the blocks comprising the application area or included conditions in the permit – give the applicant a reviewable decision notice relating to the blocks or conditions (or both) stated in the original decision.
This regulation applies if the Minister:
(a) decides, under section 17(2)(c) or 19(1)(c) of the Act, to refuse to grant or renew a geothermal exploration permit; or
(b) decides, under section 23 or 26 of the Act, that he or she is not satisfied as mentioned in the section and refuses to grant or renew a geothermal retention licence; or
(c) decides, under section 32(2) of the Act, not to grant a geothermal production lease; or
(d) decides, under section 54(4)(b) of the Act, to vary the conditions of a geothermal authority by taking a different action from the action requested by the applicant; or
(e) decides, under section 54(4)(c) of the Act, to refuse to vary the conditions of a geothermal authority; or
(f) decides, under section 57(2) of the Act, to refuse to accept the surrender of a geothermal authority or part of a geothermal authority area.
(2) The Minister must give the applicant a notice of the decision stating:
the reasons for the decision; and
(b) that the applicant may, within the time specified in the notice (the specified time), give the Minister a written submission about matters the applicant wishes the Minister to reconsider.
(3) The specified time must be at least 28 days after the date on which the applicant is given the notice.
(4) If the applicant gives the Minister a submission within the specified time or an extended time, the Minister may:
reverse or vary the decision (as applicable); or
(b) make the decision as notified and give the applicant a reviewable decision notice.
(5) If the applicant does not give the Minister a submission within the specified time or an extended time, the Minister must make the decision as notified and give the applicant a reviewable decision notice.
In this regulation:
applicant means the person who applied for the grant, renewal, variation or surrender to which the Minister's decision relates.
Schedule 1 prescribes the fees payable for the geothermal applications specified in it.
A fee paid for an application to which section 14(1) of the Act applies is refundable if the Minister decides under section 14(2) of the Act that the application does not have the greatest merit to be given consideration for the grant of a permit.
A fee paid for an application for the grant, renewal or variation of conditions of a geothermal authority is not refundable if the Minister refuses to grant, renew, or vary the conditions of, the geothermal authority.
An authority year, for a geothermal authority, is:
(a) the 12 months immediately following the date on which the authority comes into force; and
each subsequent 12 months of the term of the authority.
(1) A geothermal authority holder must pay an annual fee in relation to the geothermal authority before the beginning of each authority year.
(2) Schedule 2 prescribes the annual fee payable for each block in a geothermal authority area for an authority year.
(3) If, after the beginning of an authority year, a geothermal authority holder applies to the Minister to accept the surrender of all or part of the geothermal authority area, the Minister need not accept the surrender until the annual fee has been paid:
(a) for each block in the whole geothermal authority area (including the blocks to be surrendered); and
for the entire 12 month period of the authority year.
(4) A geothermal authority holder is not entitled to a refund of any part of an annual fee paid before the beginning of an authority year if, during the authority year:
(a) part of the geothermal authority area is excised under section 24 or 33 of the Act; or
(b) the surrender of the geothermal authority or part of the geothermal authority area takes effect; or
(c) the cancellation of all or part of the geothermal authority takes effect.
An annual report for a geothermal authority must be:
in writing and accompanied by the relevant approved form; and
(b) lodged with the Agency no later than the prescribed lodgment day.
(2) Schedule 3 prescribes the fee payable for the late lodgment of an annual report within a specified period.
(3) The Minister may waive a fee prescribed by subregulation (2) only if satisfied the holder of the geothermal authority for which the annual report is lodged has a reasonable excuse for the late lodgment.
In this regulation:
prescribed lodgment day, for an annual report, means 28 days after the end of the authority year for the geothermal authority to which the annual report relates.
(1) A notice of recovery of a sample under section 53 of the Act must be in the approved form.
(2) The sample must be kept by the geothermal authority holder in a way that will protect the sample from damage and deterioration until:
(a) it is given to the Minister under section 53(3) of the Act; or
(b) the Minister authorises its earlier disposal under section 53(4) of the Act.
The sample must be clearly labelled to identify:
the nature of the sample; and
the date and place of recovery.
(4) A geothermal authority holder who wishes to dispose of a sample before ceasing geothermal activities under the geothermal authority must apply in writing for the Minister's authority under section 53(4) of the Act, giving reasons for the application.
(5) A geothermal authority holder who ceases to conduct geothermal activities under the geothermal authority, and is required by section 53(3) of the Act to give the Minister each sample recovered, must deliver the samples to premises kept by the Agency for the storage of samples.
(6) A person may examine samples at the Agency's storage premises during the normal business hours of the Agency.
(7) For this regulation, geothermal activities cease to be conducted under a geothermal authority:
on the expiry date of the geothermal authority; or
(b) on the date the surrender of the geothermal authority, or part of the geothermal authority area, takes effect; or
(c) on the date the cancellation of the geothermal authority takes effect; or
(d) if the geothermal operations plan for the geothermal authority is revised or varied to indicate that particular geothermal activities are no longer being conducted in the geothermal authority area – on the date the Minister approves the revised plan or variation.
(1) This regulation applies if the Minister is satisfied about a matter mentioned in section 58(2) of the Act in relation to a geothermal authority holder and decides to:
cancel the geothermal authority; or
(b) cancel the geothermal authority for part of the geothermal authority area.
(2) The Minister must give the geothermal authority holder a notice of the decision stating:
the reasons for the decision; and
(b) that the holder may, within the time specified in the notice (the specified time), give the Minister a written submission about matters the holder wishes the Minister to reconsider.
(3) The specified time must be at least 28 days after the date on which the holder is given the notice.
(4) If the holder gives the Minister a submission within the specified time or an extended time, the Minister may:
reverse or vary the decision; or
(b) make the decision as notified and give the applicant a reviewable decision notice.
(5) If the holder does not give the Minister a submission within the specified time or an extended time, the Minister may make the decision as notified and give the applicant a reviewable decision notice.
The holder of a geothermal authority must give the Minister written notice about any of the following changes within 14 days after the change occurs:
a change in the holder's name;
a change in the holder's address or other contact details.
Fault element: Strict liability offence.
Maximum penalty: 20 penalty units.
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