Geothermal Energy Resources Regulations 2006
i
Geothermal Energy Resources Regulations 2006
S.R. No. 37/2006
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
1. Objectives 1
2. Authorising provision 1
3. Definitions 2
PART 2—EXEMPT OPERATIONS 3
4. Exploration operations to which the Act does not apply 3
5. Extraction operations to which the Act does not apply 3
PART 3—CONDITIONS OF AUTHORITIES 4
6. Conditions of every authority 4
7. Duty to identify hazards and assess risk 4
8. Safety assessment for major hazards 4
9. Duty to control risk 6
10. Review and revision 7
11. Safety management system required in a geothermal energy
operation 7
12. Testing control measures for major hazards 9
13. Emergency planning 9
14. Incident reporting 11
15. Protection of aquifers and formations containing hydrocarbons 12
16. Protection of well site 12
17. Cessation of drilling operations 12
PART 4—EXTRACTION LICENCES 13
18. Application to contain certain information 13
19. Geothermal energy extraction development plan 13
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Regulation Page
ii
PART 5—CONDUCT OF OPERATIONS 15
20. Operation plan must include an environment management
plan 15
21. Description of the environment 15
22. Description of environmental effects and risks 15
23. Environmental performance objectives and standards 16
24. Implementation strategy for the environment management
plan 16
25. Other information in the environment management plan 18
26. Reporting etc. arrangements in the operation plan 19
PART 6—INFORMATION 20
27. Technical report 20
28. Samples 21
29. Quantity of geothermal energy extracted to be measured,
recorded and reported 22
PART 7—GEOTHERMAL ENERGY REGISTER 23
30. Documents to be registered 23
PART 8—FEES 24
31. Fees 24
32. Annual fees 24
33. Late fee for renewal of exploration permit 24
PART 9—MISCELLANEOUS 25
34. Dimensions, boundaries, position and extent of authority area 25
35. Maximum permit area 25
36. Form of work program 25
37. Time for application to Tribunal or referral to Supreme Court 25
38. Manner and time of payment of royalty 25
__________________
SCHEDULE—Fees 26
═══════════════
ENDNOTES 28
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1
STATUTORY RULES 2006
S.R. No. 37/2006
Geothermal Energy Resources Act 2005
Geothermal Energy Resources Regulations 2006
The Governor in Council makes the following Regulations:
Dated: 4 April 2006
Responsible Minister:
THEO THEOPHANOUS
Minister for Resources
RUTH LEACH
Clerk of the Executive Council
PART 1—PRELIMINARY
1. Objectives
The objectives of these Regulations are to—
(a) ensure that the environmental, health and
safety hazards and risks involved in
undertaking geothermal energy operations
are eliminated or minimised so far as is
practicable; and
(b) prescribe various fees, administrative matters
and other requirements authorised by the
Act.
2. Authorising provision
These Regulations are made under section 169 of
the Geothermal Energy Resources Act 2005.
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Part 1—Preliminary
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3. Definitions
In these Regulations—
"hazard" means a hazard that has the potential to
cause injury, illness or disease;
"major hazard" means a hazard that has the
potential to cause an incident that causes, or
that poses a significant threat of causing,
more than one death;
"major incident" means any incident to which
Part 5 of the Occupational Health and
Safety Act 2004 applies;
"operator" means the person who has the
management and control of a geothermal
energy operation;
"practicable", in relation to identifying,
assessing, eliminating or minimising a
hazard, means practicable having regard to—
(a) the severity of the hazard; and
(b) the state of knowledge about the hazard
and any means of eliminating or
minimising that hazard; and
(c) the availability and suitability of ways
to eliminate or minimise that hazard;
and
(d) the cost of eliminating or minimising
that hazard;
"the Act" means the Geothermal Energy
Resources Act 2005.
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Part 2—Exempt Operations
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PART 2—EXEMPT OPERATIONS
4. 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 that has an
in situ temperature of less than 70 degrees Celsius,
when measured in a manner approved by the
Secretary, or that is less than 1 kilometre below
the surface.
5. 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 has an in situ temperature of less
than 70 degrees Celsius, when measured in a
manner approved by the Secretary, or is less than
1 kilometre below the earth's surface.
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Part 3—Conditions of Authorities
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PART 3—CONDITIONS OF AUTHORITIES
6. Conditions of every authority
In addition to any conditions imposed on an
authority by the Act, an authority is subject to the
conditions specified in this Part.
7. Duty to identify hazards and assess risk
(1) The operator of a geothermal energy operation
must—
(a) identify, so far as is reasonably practicable,
all hazards of the operation; and
(b) comprehensively and systematically assess
the risks to health and safety associated with
each hazard identified.
(2) In assessing the risks to health and safety
associated with a hazard, the operator must have
regard to—
(a) the nature of the hazard; and
(b) the likelihood of the hazard causing, or
contributing to, any harm to any person; and
(c) the severity of the harm that may be caused.
8. Safety assessment for major hazards
(1) If any hazard identified under regulation 7 is a
major hazard, the operator must also conduct a
safety assessment of the hazard.
(2) In conducting the safety assessment, the operator
must—
(a) comprehensively and systematically
investigate and analyse the hazard so as to
obtain a detailed understanding of all aspects
of the risk to health and safety posed by the
hazard; and
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(b) use assessment methodologies (whether
quantitative or qualitative, or both) that are
appropriate to the hazard; and
(c) consider the risks posed by the hazard in
combination with the risks posed by all the
other major hazards (if any) of the
geothermal energy operation; and
(d) consider measures for the control of the
hazard.
(3) The operator must document all aspects of the
safety assessment, and the documentation must—
(a) describe the methodology or methodologies
used in the investigation and analysis;
(b) state—
(i) the nature of the hazard;
(ii) the likelihood of the hazard causing, or
contributing to, any harm to any
person;
(iii) the severity of the harm that may be
caused;
(c) contain judgments about the matters referred
to in paragraphs (b)(ii) and (b)(iii), and the
reasons for those judgments;
(d) describe all measures considered for the
control of risk associated with the hazard;
(e) describe the reasons for adopting, or
rejecting, all the control measures
considered;
(f) be so set out and expressed that its contents
are readily comprehensible to people who
use it;
(g) be available on request for inspection by an
inspector.
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9. Duty to control risk
(1) The operator of a geothermal energy operation
must adopt control measures that—
(a) eliminate; or
(b) if it is not reasonably practicable to
eliminate, reduce so far as is reasonably
practicable—
the risks to health and safety identified under
regulation 7.
(2) For the purpose of complying with sub-
regulation (1), the operator must, so far as is
reasonably practicable, use one or any
combination of the following control measures—
(a) the substitution of a new activity, procedure,
plant, process or substance for that which is
related to the hazard being addressed;
(b) the isolation of people from the hazard;
(c) physical controls designed to prevent or
minimise exposure to hazards.
(3) If an operator has complied with sub-
regulation (2) and a risk to health and safety
remains, the operator must, so far as is reasonably
practicable, use systems of work or safe work
practices designed to prevent or minimise
exposure to hazards to reduce the risk.
(4) If an operator has complied with sub-regulations
(2) and (3) and a risk to health and safety remains,
the operator must provide appropriate personal
protective equipment to people at risk.
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10. Review and revision
The operator of a geothermal energy operation
must review and, if necessary, revise anything
previously done under regulations 7 and 8—
(a) before any modification is made to the
operation; and
(b) after any incident involving a hazard occurs
at the operation; and
(c) when there is evidence to indicate that
anything done under regulation 7 or 8 is no
longer adequate; and
(d) whether or not the circumstances mentioned
in paragraph (a), (b) or (c) arise, at least once
each 3 years.
11. Safety management system required in a geothermal
energy operation
(1) The operator of a geothermal energy operation
must establish and implement a safety
management system as the principal means of
ensuring the safe operation of the geothermal
energy operation.
(2) The safety management system must—
(a) provide a comprehensive and integrated
management system for all control measures
adopted under regulation 9; and
(b) be described in a document.
(3) The document must contain a description of—
(a) the operator's safety policy;
(b) the systems and procedures that apply with
respect to each control measure;
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(c) performance standards for measuring the
effectiveness of the safety management
system, that—
(i) relate to all aspects of the system; and
(ii) include steps to be taken to improve
continually all aspects of the safety
management system;
(d) the way in which performance standards are
to be met;
(e) the process, including methodology and
frequency, for the audit of the effectiveness
of the safety management system against the
performance standards.
(4) The performance standards for measuring the
effectiveness of the safety system must be
sufficiently detailed to enable the operator to
ensure that the effectiveness of all aspects of the
system is apparent from the document.
(5) The document must be—
(a) so set out and expressed that its contents are
readily comprehensible to people who use it;
and
(b) available on request for inspection by an
inspector.
(6) The operator must review, and as necessary
revise, the safety management system if—
(a) a modification is to be made to the
geothermal energy operation; or
(b) an incident involving a hazard occurs; or
(c) there is evidence to indicate that anything
done under regulation 7 or 8 is no longer
adequate.
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(7) The operator must review, and as necessary revise
the safety management system at least once each
3 years whether or not the circumstances referred
to in sub-regulation (6) arise.
12. Testing control measures for major hazards
The operator of a geothermal energy operation
must, in relation to the control of risk associated
with major hazards, test all control measures as
often as is necessary to ensure compliance with
regulation 9 in relation to those hazards.
13. Emergency planning
(1) The operator of a geothermal energy operation
where one or more major hazards have been
identified must prepare an emergency plan for the
operation.
(2) The operator must use the emergency plan as the
primary means of responding to incidents
involving a significant likelihood of a serious
injury or death.
(3) The emergency plan must—
(a) address all aspects of emergency response,
including—
(i) ensuring that a system exists that
enables all people at the site of the
operation at any given time to be
promptly located;
(ii) the provision of adequate rescue
equipment;
(iii) ensuring that people trained in the use
of rescue equipment are available on
site, or are on call whenever any person
is working at the site of the operation;
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(b) be prepared in conjunction with—
(i) the emergency services who have
responsibility for the area in which the
operation is located;
(ii) in relation to hazards that could
detrimentally affect the health or safety
of people in the area surrounding the
operation, the municipal council or
councils in that area;
(c) be documented;
(d) be so set out and expressed that its contents
are readily comprehensible to people who
use it;
(e) be available on request for inspection by an
inspector.
(4) After preparing the emergency plan, the operator
must—
(a) keep a copy of the emergency plan at the
operation specifically for the use of the
emergency services who have responsibility
for the area in which the operation is located;
and
(b) inform those emergency services of the
location of the copy of the emergency plan;
and
(c) forward a copy of the emergency plan to
each of those emergency services.
(5) The operator must, at least annually—
(a) test the emergency plan in order to ensure its
continued effectiveness; and
(b) take all reasonable steps to arrange for the
emergency services that have responsibility
for the area in which the operation is located
to participate in those tests.
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14. Incident reporting
(1) For the purposes of this regulation, a "reportable
incident" means an incident arising out of a
geothermal energy operation that is—
(a) a major incident; or
(b) a breach of the environmental performance
standards set out in the environment
management plan (prepared in accordance
with Part 5) in force for the geothermal
energy operation; or
(c) an incident with significant potential impacts
on human health or the environment.
(2) The operator must give notice, orally or in
writing, of a reportable incident to the Minister,
with the date, time and place of the incident, a
description of the incident and the steps taken to
minimise the impact of the incident as soon as is
practicable—
(a) after the incident occurs; or
(b) if the operator is not initially aware of the
incident, after the operator becomes aware
that it occurred.
Penalty: 10 penalty units.
(3) As soon as is practicable after the operator has
given notification to the Minister under regulation
14(2), the operator must give the Minister a
written report that includes—
(a) the date, time and place of the incident; and
(b) a description of the incident; and
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(c) any known or suspected causes of the
incident; and
(d) a description of the steps taken to minimise
the impact of the incident; and
(e) a description of the steps taken or proposed
to prevent a recurrence of the incident.
Penalty: 10 penalty units.
15. Protection of aquifers and formations containing
hydrocarbons
The holder of an authority must ensure that all
reasonable steps are 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.
Penalty: 20 penalty units.
16. Protection of well site
The holder of an authority must ensure that
adequate controls are in place to protect a
completed well site from outside interference and
to ensure the safety of the public.
Penalty: 20 penalty units.
17. Cessation of drilling operations
The holder of an authority must ensure that a well
is made safe in accordance with good industry
practice when the well is decommissioned.
Penalty: 20 penalty units.
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Part 4—Extraction Licences
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PART 4—EXTRACTION LICENCES
18. Application to contain certain information
An application for an extraction licence must
contain, or be accompanied by, the following
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; and
(b) a map indicating the area of the resource and
stating the likely area of the resource in
square kilometres, together with all
information reasonably necessary to enable
the Minister to determine the appropriate
area of the licence taking into account the
requirements of the Act.
19. Geothermal energy extraction development plan
For the purposes of section 51 of the Act, a
geothermal energy extraction development plan
must contain—
(a) a description of the relevant existing
geological and geothermal energy resource
data that relate to the authority area, and of
the interpretations of that data; and
(b) details of all proposed further data
acquisition and studies to enhance geological
and geothermal energy resource
understanding in the authority area; and
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(c) a geothermal energy resource management
plan that—
(i) describes how the geothermal energy
will 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.
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Part 5—Conduct of Operations
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PART 5—CONDUCT OF OPERATIONS
20. Operation plan must include an environment
management plan
(1) The operation plan must set out an environment
management plan.
(2) The environment management plan must include
the matters set out in regulations 21, 22, 23, 24, 25
and 26.
21. Description of the environment
The environment management plan must—
(a) describe the existing environment that may
be affected by the geothermal energy
operation, as well as any relevant cultural,
historical, aesthetic, social, recreational,
ecological, biological, landscape and
economic aspects of the environment that
may be affected; and
(b) identify the particular relevant values and
sensitivities (if any) of that environment.
22. Description of environmental effects and risks
The environment management plan must contain
an assessment of the environmental effects and
risks of the geothermal energy operation that—
(a) identifies and evaluates the environmental
effects and risks that may arise directly or
indirectly from the normal operations of the
operation (including construction where
applicable); and
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(b) includes an assessment of the risks of the
potential effects on the environment resulting
from reasonably possible activities in
relation to the operation, or incidents or
events (whether accidental or otherwise) that
are not normal activities, incidents or events
in relation to the operation.
23. Environmental performance objectives and
standards
The environment management plan must—
(a) define environmental performance
objectives, and set environmental
performance standards, against which
performance by the operator in protecting the
environment from the geothermal operation
is to be measured; and
(b) include measurement methods for
determining whether the objectives and
standards have been met.
24. Implementation strategy for the environment
management plan
(1) The environment management plan must contain
an implementation strategy for the geothermal
energy operation.
(2) The implementation strategy must include
measures to ensure that the environmental
performance objectives and standards in the
environment management plan are met.
(3) The implementation strategy must identify the
specific systems, practices and procedures to be
used to ensure that—
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(a) any potential adverse environmental effects
of, and any risks to the environment arising
from, the operation are eliminated, or if that
is not reasonably practicable, are minimised
so far as is reasonably practicable; and
(b) the environmental performance objectives
and standards in the environment
management plan are met.
(4) The implementation strategy must establish a
clear chain of command, setting out the roles and
responsibilities of personnel in relation to the
implementation, management and review of the
environment management plan.
(5) The implementation strategy must include
measures to ensure that each employee or
contractor working on, or in connection with, the
geothermal energy operation is aware of his or her
responsibilities in relation to the environment and
has the appropriate skills and training to be able to
fulfil those responsibilities.
(6) The implementation strategy must provide for the
monitoring, audit and review of the operators
environmental performance and of the
implementation strategy.
(7) The implementation strategy must provide for the
maintenance of a quantitative record of emissions
and discharges (whether occurring during normal
operations or otherwise) to the air, land surface or
below the land surface environment that is
accurate and that can be monitored and audited
against the environmental performance standards.
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(8) The implementation strategy must provide for the
maintenance of an up-to-date emergency response
manual, including detailed response arrangements,
for dealing with any circumstance that arises
suddenly and that threatens the environment in the
vicinity of the operation, and to ensure that the
circumstance does not harm the environment.
(9) The implementation strategy must provide for
appropriate consultation about the operator's
environmental performance with—
(a) relevant authorities of the Commonwealth
and State; and
(b) other relevant interested people and
organisations.
25. Other information in the environment management
plan
The environment management plan must contain
the following—
(a) a statement of the operators corporate
environmental policy; and
(b) a report on any consultations between the
operator and relevant authorities, interested
people and organisations in the course of
developing the environment management
plan; and
(c) a list of all environmental legislation of the
Commonwealth or the State that may apply
to the geothermal energy operation; and
(d) a description of any arrangements for
ongoing consultation between the operator
and relevant authorities, interested people
and organisations during the life of the
operation.
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26. Reporting etc. arrangements in the operation plan
The operation plan must include arrangements
for—
(a) recording information about the geothermal
energy operation sufficient to enable an
inspector to determine whether the
performance objectives and standards in the
environment management plan and the safety
management system have been met or are
being met; and
(b) reporting to the Minister on the performance
of the geothermal energy operation with
respect to its environmental management and
safety management objectives at least once a
year at intervals agreed with the Minister.
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Part 6—Information
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PART 6—INFORMATION
27. Technical report
(1) The holder of an authority must submit to the
Minister, in an electronic form which accords with
an industry standard, an annual technical report in
relation to the geothermal energy exploration
activities (if any) undertaken under the authority
containing the following—
(a) a complete record of all geological,
geophysical, geochemical, geothermal and
other technical investigations undertaken in
the period covered in the report, together
with maps showing the locations of surveys;
(b) a complete record of all drill holes, together
with logs, including temperature logs and
maps showing the locations of the holes;
(c) details of any material tested, along with test
results;
(d) a summary of any geothermal energy
resources, identified, if possible, in an
industry standard manner;
(e) any interpretations formed as a result of the
surveys or activities undertaken;
(f) details of how the maps and sections
provided in the report are related to the Map
Grid of Australia (GDA94 coordinates) and
the National Topographic Map Series;
(g) the name of the author of the report;
(h) the date of the report.
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(2) The holder or former holder of an authority must
submit the annual report—
(a) on or before 28 July in each year covering
the exploration activities for the preceding
financial year; and
(b) if the authority ceased to have effect during a
financial year, within 4 weeks after the
authority ceased to have effect covering the
exploration activities in that year up until the
day the authority ceased to have effect.
Penalty: 10 penalty units.
(3) The Minister may, on a request from the holder, or
former holder, of an authority, extend the period
for the submission of an annual report.
(4) If the Minister extends the period of time in
accordance with sub-regulation (3), the holder, or
former holder, must submit the annual report
within the extended period of time.
Penalty: 10 penalty units.
28. Samples
(1) The holder of an authority must ensure that any
samples recovered in connection with the drilling
of a well are processed and stored in accordance
with good industry practice.
Penalty: 20 penalty units.
(2) The holder of an authority must ensure that any
samples recovered 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 comply with regulation
28(2).
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29. Quantity of geothermal energy extracted to be
measured, recorded and reported
(1) The holder of an extraction licence must measure
and record, in a manner and at a frequency
approved by the Minister, the quantity of
geothermal energy extracted under the licence.
Penalty: 20 penalty units.
(2) If requested by the Minister by notice in writing,
the holder must provide a copy of any record
made under sub-regulation (1) to the Minister
within the time specified in the notice.
Penalty: 20 penalty units.
(3) The holder or former holder of an extraction
licence must submit to the Minister an annual
report specifying the quantity of geothermal
energy extracted during the year.
(4) The holder or former holder of an extraction
licence must submit the annual report—
(a) on or before 28 July in each year specifying
quantities for the preceding financial year;
and
(b) if the extraction licence has ceased to have
effect during a financial year, within 4 weeks
after the licence ceased to have effect
specifying the quantities extracted in that
year up until the day the licence ceased to
have effect.
Penalty: 20 penalty units.
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Part 7—Geothermal Energy Register
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PART 7—GEOTHERMAL ENERGY REGISTER
30. 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;
(c) instruments approving the partial transfer of
an area in an exploration permit or extraction
licence;
(d) instruments requiring persons to enter unit
development agreements;
(e) instruments suspending conditions imposed
on authorities.
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Part 8—Fees
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PART 8—FEES
31. Fees
The fees in the Schedule are to be paid.
32. Annual fees
The annual fee for an authority set out in the
Schedule must be paid—
(a) within 7 days after the registration of the
authority; and
(b) before the expiry of each 12 month period
after the date of registration.
33. Late fee for renewal of exploration permit
The late fee for the purposes of section 27(3) of
the Act is 10 fee units for each week or part of a
week after the last day that the fee that is late
should have been paid.
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PART 9—MISCELLANEOUS
34. 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 coordinates on the Map Grid of Australia
1994.
35. Maximum permit area
The area to which an exploration permit applies
must not exceed 10 000 square kilometres.
36. Form of work program
A work program must be in an electronic form
approved by the Minister or be in writing.
37. Time for application to Tribunal or referral to
Supreme Court
For the purposes of section 94 of the Act, the
specified period of time is 30 days.
38. Manner and time of payment of royalty
If an extraction licence does not specify when and
how royalties are to be paid, royalties must be
paid in respect of the geothermal energy extracted
in each financial year and be paid not later than
30 July in each year.
__________________
r. 34
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SCHEDULE
Regulation 31
FEES
Item Exploration Permits Fee
1 Fee for application for
exploration permit
400 fee units
2 Fee for renewal of exploration
permit
200 fee units
3 Annual fee for exploration
permit
550 fee units
4 Fee for transfer of exploration
permit
400 fee units
Item Retention Leases Fee
5 Fee for application for
retention lease
400 fee units
6 Annual fee for retention lease 550 fee units
7 Fee for transfer of retention
lease
400 fee units
Item Extraction Licences Fee
8 Application fee for extraction
licence
1000 fee units
9 Annual fee for extraction
licence
550 fee units
10 Fee for transfer of extraction
licence
400 fee units
Item Geothermal Energy Register Fee
11 Inspection of the geothermal
energy register
2 fee units
12 Copy of document or entry in
geothermal energy register—
per A4 page
$4
Sch.
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Item Geothermal Energy Register Fee
13 Certificate under section
159(2) of the Act as to matter
relating to contents of
geothermal energy register
5 fee units
═══════════════
Sch.
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ENDNOTES
Fee Units
These Regulations provide for fees by reference to fee units established under
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 2005, is
$10.49. 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.
Endnotes
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