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The objectives of these Regulations are—
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
to prescribe requirements for operation plans; and
to prescribe various administrative matters, fees and other requirements authorised by the Act.
These Regulations are made under section 169 of the Geothermal Energy Resources Act 2005.
These Regulations come into operation on 21 March 2026.
The Geothermal Energy Resources Regulations 2016[1] are revoked.
In these Regulations—
ancillary equipment, in relation to a well, includes—
equipment located downhole; and
a blow-out preventer; and
a well-head;
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––
an Act;
an Act of the Commonwealth;
any instrument made or issued under or for the purpose of an Act referred to in paragraph (a) or (b);
Example
A subordinate instrument such as a regulation is an instrument for the purposes of paragraph (c).
facility means a structure that—
is used or constructed for the purpose of extracting geothermal energy resources; or
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—
the severity of the hazard or risk; and
the state of knowledge about that hazard or risk; and
the availability and suitability of ways to eliminate or minimise that hazard or risk; and
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—
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
is indicative of a possible future incident of the kind referred to in paragraph (a); or
occurs when an operation has not been carried out in accordance with the operation plan;
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—
is under control, in accordance with an accepted well operation management plan; and
is able to contain fluid; and
is not the subject of any unforeseen risk;
well integrity hazard means an event that—
has the potential to compromise the well integrity of a well; and
would involve—
a significant threat to the safety of individuals; or
a risk of significant damage to the environment or to the geothermal energy resource.
An exploration permit is not required for an exploration operation the purpose of which is to locate a geothermal energy resource—
that has an in situ temperature of less than 70°C, when measured in a manner approved by the Secretary; or
that is less than one kilometre below the earth's surface.
An extraction licence is not required for an extraction operation in which the geothermal energy resource—
has an in situ temperature of less than 70°C, when measured in a manner approved by the Secretary; or
is less than one kilometre below the earth's surface.
For the purposes of section 45(1)(h) of the Act, the following is prescribed information—
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;
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.
For the purposes of section 51(2) of the Act, a geothermal energy extraction development plan must contain—
a description of each stage of the geothermal energy operation, including equipment or facilities to be used; and
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
details of proposed further data acquisition and studies to enhance geological and geothermal energy resource understanding; and
a geothermal energy resource management plan that—
describes how the geothermal energy is to be extracted; and
provides the reasons for adopting the proposed approach; and
estimates the future performance of the geothermal energy resource; and
specifies the proposed rate of recovery of geothermal energy.
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.
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.
An operation plan given to the Minister under section 96(1) of the Act—
must be appropriate for the nature and scale of the geothermal energy operation; and
must set out the following for the purposes of section 96(1)(d) of the Act—
a description of the geothermal energy operation and the equipment and facilities to be used in the operation;
if a facility is proposed for a geothermal energy operation—
the proposed design, construction, installation and maintenance of the facility; and
if the facility is to be modified, details of the proposed modification; and
the proposals for the decommissioning of the facility;
an environment management plan in accordance with Division 2;
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;
if the operation involves the making of a well, a well operation management plan in accordance with Division 3;
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;
processes for review of the plan by the holder of the authority at least once every 5 years;
processes for the submission to the Minister of a report by the holder of the authority on the findings of each such review.
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.
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.
An environment management plan must—
describe the environment, including any relevant values and sensitivities; and
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
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.