GEOTHERMAL ENERGY ACT 2010

Queensland Consolidated Acts

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- As at 21 November 2022
- Act 31 of 2010

TABLE OF PROVISIONS

Long Title

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

1. Short title
2. Commencement

PART 2 - PURPOSES AND APPLICATION OF ACT

3. Purposes of Act and their achievement
4. Facilitation of Act by Petroleum and Gas (Production and Safety) Act 2004
5. Act binds all persons
6. Application of Act to coastal waters of the State
7. Relationship with Nature Conservation Act 1992
8. Relationship with GHG storage Act and principal mining and petroleum Acts
8AA. Relationship with Common Provisions Act
8A. Declaration for Commonwealth Act
9. Act does not affect other rights or remedies

PART 3 - INTERPRETATION

Division 1 - Dictionary

10. Definitions

Division 2 - Key definitions

Subdivision 1 - Key concepts

11. What is geothermal energy
12. What are geothermal resources
13. What is geothermal exploration
14. What is geothermal production
15. What is exempt heat pump production
16. References to large-scale geothermal production
17. What is production testing
18. What is a geothermal activity

Subdivision 2 - Definitions relating to authorities under Act

19. Types of authority under Act
20. What are the conditions of a geothermal tenure
21. References to geothermal tenure or provisions of geothermal tenure
22. What is an authorised activity for a geothermal tenure

Subdivision 3 - Other key definitions

23. Who is an eligible person
24. What is a work program for a geothermal permit
25. What is a development plan for a geothermal lease
26. (Repealed)
27. What is a resource Act

PART 4 - STATE OWNERSHIP OF GEOTHERMAL ENERGY

28. State ownership of geothermal energy
29. Reservation in land grants

CHAPTER 2 - GEOTHERMAL EXPLORATION PERMITS
Notes—

PART 1 - KEY AUTHORISED ACTIVITIES

30. Operation of pt 1
31. Principal authorised activities
32. Incidental activities

PART 2 - OBTAINING GEOTHERMAL PERMIT

Division 1 - Restricted areas

33. Minister’s power to decide restricted areas for geothermal tenures
34. Amendment or cancellation of restricted area

Division 2 - Applying for geothermal permit

35. Who may apply
36. Requirements for making application
36A. Rejection of application if applicant disqualified

Division 3 - Deciding application

37. Restriction on deciding during application period for released area
38. Effect of identification of restricted area on application
39. Deciding whether to grant geothermal permit
40. Provisions and granting of geothermal permit
41. Criteria for decisions
42. Notice of decision

Division 4 - Priority for deciding competing geothermal permit applications

43. Priority for deciding competing applications

PART 3 - WORK PROGRAMS

Division 1 - Function and purpose

44. Function and purpose

Division 2 - Requirements for proposed initial work programs

45. Operation of div 2
46. Program period
47. General requirements
48. Water issues

Division 3 - Approval of proposed initial work programs
Note—

49. Criteria
50. Verification may be required

Division 4 - Requirements for proposed later work programs

51. Operation of div 4
52. General requirements
53. Program period
54. Implementation of evaluation program for potential geothermal commercial area

Division 5 - Approval of proposed later work programs

55. Application of div 5
56. Geothermal permit taken to have work program until decision on whether to approve proposed program
57. Deciding whether to approve proposed program
58. Steps after, and taking effect of, decision

Division 6 - Amending work programs

59. Restrictions on amending work program
60. Applying for approval to amend
61. Verification
62. Deciding application
63. Steps after, and taking effect of, decision

PART 4 - POTENTIAL GEOTHERMAL COMMERCIAL AREAS

64. Purpose of potential geothermal commercial area
65. Applying for potential geothermal commercial area
66. Deciding potential geothermal commercial area application
67. Inclusion of evaluation program in work program
68. Term of declaration
69. Potential geothermal commercial area still part of geothermal permit
70. Effect of ending of declaration of potential geothermal commercial area

PART 5 - PROVISIONS TO FACILITATE TRANSITION TO GEOTHERMAL LEASE

71. Application of pt 5
72. Ministerial direction to apply for geothermal lease
73. Taking proposed action

CHAPTER 3 - GEOTHERMAL PRODUCTION LEASES
Notes—

PART 1 - KEY AUTHORISED ACTIVITIES

74. Operation of pt 1
75. Principal authorised activities
76. Incidental activities

PART 2 - TRANSITION FROM GEOTHERMAL PERMIT TO GEOTHERMAL LEASE

Division 1 - Applying for geothermal lease

77. Who may apply
78. Requirements for making application
78A. Rejection of application if applicant disqualified
79. Continuing effect of geothermal permit for application

Division 2 - Deciding application

80. Deciding whether to grant geothermal lease
81. Requirements for grant
82. Provisions and granting of geothermal lease
83. Provisions about grant and conditions of geothermal lease for coordinated project
84. Information notice about refusal
85. When refusal takes effect

PART 3 - DEVELOPMENT PLANS

Division 1 - Function and purpose

86. Function and purpose

Division 2 - Requirements for proposed initial development plans

87. Operation of div 2
88. Plan period
89. General requirements
90. Water issues

Division 3 - Approval of proposed initial development plans
Note—

91. Criteria
92. Verification may be required

Division 4 - Requirements for proposed later development plans

93. Operation of div 4
94. General requirements

Division 5 - Approval of proposed later development plans

95. Application of div 5
96. Geothermal lease taken to have development plan until decision on whether to approve proposed plan
97. Deciding whether to approve proposed plan
98. Steps after, and taking effect of, decision

Division 6 - Amending development plans

99. Restrictions on amendment
100. Applying for approval to amend
101. Verification
102. Deciding application
103. Steps after, and taking effect of, decision

PART 4 - ROYALTY ON GEOTHERMAL PRODUCTION

104. Imposition of geothermal royalty on geothermal producers
105. Regulation for geothermal royalty
106. Obligation to lodge royalty returns
107. Confidentiality
108. Refusal of disclosure of particular information

CHAPTER 4 - GENERAL MANDATORY CONDITIONS FOR GEOTHERMAL TENURES
Notes—

PART 1 - GEOTHERMAL PERMITS

Division 1 - Standard relinquishment condition and related provisions

109. Standard relinquishment condition
110. Consequence of failure to comply with relinquishment condition
111. Part usually required to be relinquished
112. Relinquishment must be by blocks or sub-blocks
113. Blocks or sub-blocks that can not be counted towards relinquishment
114. Adjustments for blocks or sub-blocks that can not be counted
115. Adjustment for particular potential geothermal commercial areas

Division 2 - Conditions relating to work programs

116. Requirement to have work program
117. Compliance with activities in work program
118. Obligation to give proposed later work program
119. Consequence of failure to comply with notice to give proposed later work program

Division 3 - Conditions relating to production testing

120. Compliance with test plan for production testing
121. Requirement of geothermal tenure holder to report outcome of production testing

PART 2 - GEOTHERMAL LEASES

122. Obligation to commence geothermal production
123. Requirement to have development plan
124. Compliance with development plan
125. Obligation to give proposed later development plan
126. Consequence of failure to comply with notice to give proposed later development plan

PART 3 - ALL GEOTHERMAL TENURES

127. Water Act authorisation required for taking or interfering with water
128. Obligation to consult with particular owners and occupiers
129. Compliance with land access code
130. Annual rent
131. Civil penalty for nonpayment of annual rent
132. Obligation to comply with Act and prescribed standards
133. Obligation to survey if Minister requires
133A. Power to impose or amend condition if changed holder of geothermal tenure

CHAPTER 5 - COORDINATION WITH PARTICULAR AUTHORITIES UNDER OTHER RESOURCE ACTS

PART 1 - PRELIMINARY

134. Relationship with chs 2, 3 and 6
135. What is an overlapping resource authority
136. What is an exploration authority (non-geothermal)
137. Relationship with other resource Acts and overlapping resource authorities

PART 2 - GEOTHERMAL COORDINATION ARRANGEMENTS FOR OVERLAPPING RESOURCE AUTHORITIES

Division 1 - Making of arrangements

138. Power to make arrangement
139. Other provisions about and effect of geothermal coordination arrangement
140. Applying for ministerial approval of proposed geothermal coordination arrangement
141. Ministerial approval of proposed geothermal coordination arrangement
142. Approval does not confer right to renew

Division 2 - Amendment and cancellation

143. Amendment or cancellation by parties to arrangement
144. Minister’s power to cancel arrangement
145. Cancellation does not affect relevant authorities

PART 3 - OBTAINING GEOTHERMAL LEASE IF OVERLAPPING RESOURCE AUTHORITY

Division 1 - Preliminary

146. Application of pt 3

Division 2 - Requirements for application

147. Requirements for making application
148. Content requirements for geothermal statement

Division 3 - Consultation provisions

149. Applicant’s information obligation
150. Submissions by overlapping resource authority holder

Division 4 - Resource management decision if overlapping exploration authority (non-geothermal)

151. Application of div 4
152. Resource management decision
153. Criteria for decision
154. Restrictions on giving overlapping authority priority

Division 5 - Process if resource management decision is to give overlapping authority priority

155. Application of div 5
156. Notice to applicant and overlapping resource authority holder
157. Relevant lease application for all of the land
158. Relevant lease application for part of the land
159. No relevant lease application

Division 6 - Resource management decision not to grant and not to give priority

160. Lapsing of application

Division 7 - Deciding application

161. Application of div 7
162. Application may be refused if no reasonable prospects of geothermal coordination arrangement
163. Additional criteria for deciding provisions of geothermal lease
164. Publication of outcome of application

PART 4 - PRIORITY TO PARTICULAR HIGHER TENURE APPLICATIONS UNDER OTHER RESOURCE ACTS

165. Earlier GHG, mining or petroleum lease application
166. Proposed GHG, mining or petroleum lease for which EIS approval given
167. Proposed GHG, mining or petroleum lease declared a coordinated project

PART 5 - GEOTHERMAL LEASE APPLICATIONS IN RESPONSE TO INVITATION UNDER ANOTHER RESOURCE ACT

168. Application of pt 5
169. Additional ground for refusing application

PART 6 - ADDITIONAL PROVISIONS FOR GEOTHERMAL TENURES

Division 1 - Restrictions on authorised activities other than for geothermal leases

170. Overlapping GHG, mining or petroleum lease
171. Overlapping exploration authority (non-geothermal)
172. Resolving disputes

Division 2 - Additional conditions

173. Notice of grant by particular geothermal permit holders
174. Condition to notify particular other authority holders of proposed start of particular authorised activities
175. Continuance of geothermal coordination arrangement after transfer

Division 3 - Restriction on Minister’s power to amend geothermal lease if overlapping resource authority

176. Interests of overlapping resource authority holder to be considered

PART 7 - ADDITIONAL PROVISIONS FOR DEVELOPMENT PLANS IF OVERLAPPING RESOURCE AUTHORITY

177. Operation of pt 7
178. Statement about interests of overlapping resource authority holder
179. Consistency with overlapping resource authority’s development plan and with any relevant coordination arrangement
180. Additional criteria for approval

PART 8 - ADDITIONAL PROVISIONS FOR SAFETY MANAGEMENT PLANS

181. Grant of geothermal lease does not affect obligation to make plan
182. Requirements for consultation with particular overlapping resource authority holders
183. Application of P&G Act provisions for resolving disputes about reasonableness of proposed provision

CHAPTER 6 - GENERAL PROVISIONS FOR GEOTHERMAL TENURES
Note—

PART 1 - AREA PROVISIONS

184. Area of geothermal tenure
185. References to blocks of geothermal tenure
186. Minister’s power to decide excluded land
187. Minister may add excluded land
188. Ending of geothermal permit if all of its area relinquished
189. Area of geothermal permit reduced on grant of geothermal lease

PART 2 - REPORTING AND INFORMATION PROVISIONS

Division 1 - General reporting provisions

190. Relinquishment report for partial relinquishment
191. End of tenure report
192. Power to require information or reports about authorised activities to be kept or given

Division 2 - Records and samples

193. Requirement to keep records and samples
194. Requirement to give records and samples

Division 3 - Releasing required information

195. Meaning of required information
196. Public release of required information
197. Chief executive may use required information

PART 3 - GENERAL PROVISIONS FOR GEOTHERMAL WELLS

Division 1 - Responsibility for geothermal wells

198. Requirements for drilling geothermal well

Division 2 - Decommissioning of geothermal wells

199. Application of div 2
200. Obligation to decommission
201. Right of entry to facilitate decommissioning
202. Responsibility for geothermal well after decommissioning

PART 4 - SECURITY

203. Operation and purpose of pt 4
204. Power to require security for geothermal tenure
205. Minister’s power to require additional security
206. Interest on security
207. Power to use security
208. Replenishment of security
209. Security not affected by change in tenure holder
210. Retention of security after geothermal tenure ends

PART 5 - DIRECTION BY MINISTER

211. (Repealed)
212. (Repealed)
213. (Repealed)
214. (Repealed)
215. (Repealed)
216. (Repealed)
217. (Repealed)
218. (Repealed)
219. (Repealed)
220. (Repealed)
221. (Repealed)
222. (Repealed)
223. (Repealed)
224. (Repealed)
225. (Repealed)
226. (Repealed)
227. (Repealed)
228. (Repealed)
229. (Repealed)
230. (Repealed)
231. (Repealed)
232. (Repealed)
233. Direction to ease concerns of owner or occupier

PART 6 - (Repealed)

PART 7 - (Repealed)

PART 8 - (Repealed)

PART 9 - OWNERSHIP OF EQUIPMENT AND IMPROVEMENTS

270. Application of pt 9
271. Ownership of equipment and improvements

PART 10 - (Repealed)

PART 11 - (Repealed)

PART 11A - (Repealed)

PART 11B - (Repealed)

PART 12 - RENEWALS

290. General conditions for renewal application
291. Restriction on applying for renewal of geothermal permit
292. Requirements for making application
293. Continuing effect of geothermal tenure for renewal application
294. Deciding application
295. Provisions and term of renewed geothermal permit
296. Provisions of renewed geothermal lease
297. Additional provisions for term of any renewed geothermal tenure
298. Criteria for decisions
299. Information notice about refusal
300. When refusal takes effect

PART 13 - SURRENDERS

301. Requirements for surrender
302. Requirements for making surrender application
303. Deciding application
304. Notice and taking effect of decision

PART 14 - ENFORCEMENT OF END OF TENURE AND AREA REDUCTION OBLIGATIONS

305. Power of authorised person to ensure compliance
306. Requirements for entry to ensure compliance
307. Duty to avoid damage in exercising remedial powers
308. Notice of damage because of exercise of remedial powers
309. Compensation for exercise of remedial powers
310. Ownership of thing removed in exercise of remedial powers
311. Recovery of costs of and compensation for exercise of remedial power

CHAPTER 7 - ENFORCEMENT, OFFENCES AND PROCEEDINGS

PART 1 - NONCOMPLIANCE ACTION FOR GEOTHERMAL TENURES

Division 1 - Preliminary

312. (Repealed)
313. (Repealed)
314. (Repealed)
315. (Repealed)
316. (Repealed)
317. (Repealed)
318. (Repealed)
319. Operation of div 1

Division 2 - Noncompliance action by Minister

320. Types of noncompliance action that may be taken
321. When noncompliance action may be taken

Division 3 - Procedure for noncompliance action

322. Notice of proposed noncompliance action
323. Considering submissions
324. Decision on proposed noncompliance action
325. Notice and taking effect of decision
326. Consequence of failure to comply with relinquishment requirement

PART 2 - GENERAL OFFENCES

327. Restriction on carrying out geothermal activities
328. Defence if geothermal activity is for GHG storage injection
329. Geothermal tenure holder’s measurement obligations
330. Duty to avoid interference in carrying out geothermal activities
331. Obstruction of geothermal tenure holder
332. False or misleading information
333. Liability of executive officer—offence committed by corporation against s 327
333A. Executive officer may be taken to have committed offence
334. Attempts to commit offences

PART 3 - APPEALS

335. Who may appeal
336. Period to appeal
337. Starting appeal
338. Stay of operation of decision
339. Hearing procedures
340. Land Court’s powers on appeal
341. Restriction on Land Court’s powers for decision not to grant geothermal lease

PART 4 - EVIDENCE AND LEGAL PROCEEDINGS

Division 1 - Evidentiary provisions

342. Application of div 1
343. Authority
344. Signatures
345. Other evidentiary aids

Division 2 - Offence proceedings

346. Offences under Act are summary
347. Statement of complainant’s knowledge
348. Conduct of representatives
349. Additional orders that may be made on conviction

CHAPTER 8 - MISCELLANEOUS PROVISIONS

PART 1 - PROVISIONS ABOUT GEOTHERMAL TENURES

Division 1 - General provisions

350. Geothermal tenure does not create an interest in land
350A. Extinguishing geothermal interests on the taking of land in a geothermal tenure’s area (other than by an easement)
350B. Effect of extinguishment of geothermal interests on the taking of land in a geothermal tenure’s area (other than by an easement)
350C. Applications relating to land taken under a resumption law for which geothermal interests were extinguished
350D. Compensation for effect of taking of land in a geothermal tenure’s area on geothermal interests
351. Joint holders of a geothermal tenure
352. Minister’s power to ensure compliance by geothermal tenure holder
353. Power to correct or amend tenure
354. (Repealed)
355. Joint and several liability for conditions and for debts to State

Division 2 - General provisions about authorised activities

356. Authorised activities may be carried out despite rights of owner or occupier
357. General restrictions on right to carry out authorised activity
358. (Repealed)
359. Who may carry out authorised activity for geothermal tenure holder
360. Limitation of owner’s or occupier’s tortious liability for authorised activities

Division 3 - Provisions for when geothermal tenure ends or area reduced

361. Obligation to remove equipment and improvements
362. Authorisation to enter to facilitate compliance

PART 2 - APPLICATIONS, LODGING DOCUMENTS AND MAKING SUBMISSIONS

363. Place or way for making applications, lodging documents or making submissions
364. Requirements for making an application
365. Request to applicant about application
366. Refusing application for failure to comply with request
366A. Notice to progress geothermal tenure or renewal application
367. Particular criteria generally not exhaustive
368. Particular grounds for refusal generally not exhaustive
369. Amending applications
370. Withdrawal of application
371. Minister’s power to refund application fee

PART 3 - OTHER MISCELLANEOUS PROVISIONS

372. Interest on amounts owing to the State
373. Recovery of unpaid amounts
374. General public interest criteria for particular Ministerial decisions
375. Provision for entry by State to carry out geothermal activity
376. Name and address for service
377. Notice of agents
378. Additional information about reports and other matters
379. References to right to enter
380. Application of provisions
381. Protection from liability for particular persons
382. Delegation by Minister or chief executive
383. (Repealed)
384. Approved forms
385. Regulation-making power

CHAPTER 9 - REPEAL AND TRANSITIONAL PROVISIONS

PART 1 - REPEAL PROVISIONS

386. Repeal of Geothermal Exploration Act 2004
387. Repeal of Timber Utilisation and Marketing Act 1987

PART 2 - TRANSITIONAL PROVISIONS FOR ACT NO. 31 OF 2010

Division 1 - Preliminary

388. Definitions for pt 2

Division 2 - Provisions for Ergon Energy geothermal production near Birdsville

Subdivision 1 - Grant of and provisions about Birdsville lease

389. Geothermal lease for Ergon Energy
390. Authorised activities
391. Conditions
392. Land access provisions until the new land access provisions start day

Subdivision 2 - Development plan provisions

393. Deferral of development plan requirement
394. Provisions for approval of development plan
395. Exemption from geothermal royalty

Division 3 - New land access provisions for 2004 Act permits until 2010 Act start day

396. Application of div 3
397. Compliance with land access code
398. Application of particular provisions of this Act

Division 4 - General provisions

399. Conversion of 2004 Act permits on 2010 Act start day
400. Outstanding tenders under 2004 Act
401. Other undecided applications
402. Decisions or documents under 2004 Act
403. Outstanding appeals

PART 3 - TRANSITIONAL PROVISIONS FOR MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012

Division 1 - Preliminary

404. Definitions for pt 3

Division 2 - Transitional provisions for amendments in amending Act commencing on assent

405. Land in a geothermal tenure’s area taken before the commencement
406. Land in a geothermal tenure’s area for which notice of intention to resume given before the commencement

Division 3 - Transitional provisions for amendments in amending Act commencing by proclamation

407. Undecided applications for approval of particular dealing
408. Deciding applications for approval of assessable transfers until commencement of particular provisions
409. Uncommenced appeals about refusal to approve particular dealing
410. Unfinished appeals about refusal to approve particular dealing

PART 4 - TRANSITIONAL PROVISION FOR MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014

411. Continued appeal right for particular decisions
412. Existing practice manuals

PART 5 - TRANSITIONAL PROVISION FOR NATURAL RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2019

413. Existing conduct and compensation agreements

PART 6 - TRANSITIONAL PROVISIONS FOR MINERAL AND ENERGY RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2020

414. Power to impose or amend condition if changed holder of geothermal tenure
415. Conferences with eligible claimants or owners or occupiers started before commencement

PART 7 - TRANSITIONAL PROVISION FOR COAL MINING SAFETY AND HEALTH AND OTHER LEGISLATION AMENDMENT ACT 2022

416. Application of new s 320 to noncompliance action
SCHEDULE 1
SCHEDULE 2

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