Onshore Legislation
Geothermal
Six states (New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia) already have legislation in place to regulate geothermal exploration and development. The Northern Territory is currently in the process of developing a Geothermal Energy Bill.
New South Wales
New South Wales geothermal titles are governed under the Mining Act 1992.
Northern Territory
Northern Territory geothermal titles are governed under Geothermal Energy Act 2009.
Queensland
Queensland geothermal titles are governed under the Geothermal Exploration Act 2004 and the Geothermal Regulation 2005.
South Australia
South Australian geothermal titles are governed under the Petroleum Act 2000 and the Petroleum and Geothermal Act.
Tasmania
Tasmanian geothermal titles are governed under the Mineral Resources Development Act 1995.
Victoria
Victorian geothermal titles are governed under the Geothermal Energy Resources Regulations 2005 (GE Regulations).
Western Australia
West Australian geothermal titles are governed under the Petroleum and Geothermal Energy Resources Act 1967 (WA).
Uranium
The regulatory framework governing uranium mining in Australia is complex and varies between the Commonwealth, state and territory jurisdictions.
The Australian Radiation Protection and Nuclear Safety Act 1998 provides for the protection of human health and the environment from the harmful effects of radiation. The transportation of uranium and its by products is regulated through general provisions of the Act, which relate to radiation hazards.
The Nuclear Non-Proliferation (Safeguards) Act 1987, derived from the 1973 Treaty on the Non Proliferation of Nuclear Weapons, has the objective of ensuring the physical security of nuclear materials within Australia. Under this legislation, possession of nuclear material (including uranium) requires a permit and approval from the Australian Safeguards and Non-Proliferation Office (ASNO).
Under Regulation 9 of the Customs (Prohibited Exports) Regulations 1958 (under the Customs Act 1901), an export licence is necessary for the export of radioactive material (including refined uranium, plutonium and thorium). Export applications are subject to assessment by the Department of Resources, Energy, and Tourism and the ASNO to ensure that Australian uranium is only being exported for peaceful, non-explosive purposes under Australia’s network of bilateral safeguards agreements.
Commonwealth
Under the Atomic Energy Act 1953 (as amended) which requires the Minister to be notified upon discovery of a prescribed substance, (i.e. Uranium or Thorium) Sect. 36 and provides the Minister with the power to obtain information about prescribed substances, Sect. 37.
Environment Protection and Biodiversity Conservation Act 1999 (EPBC) where the Commonwealth becomes involved where an action will have or is likely to have a significant impact on certain aspects of the environment.
New South Wales
In New South Wales prospecting and mining of uranium is prohibited under Uranium Mining and Nuclear Facilities (Prohibitions) Act 1986 (NSW), however uranium can be mined in the course of mining for another mineral. Managed within mineral titles and governed under the Mining Act 1992.
Northern Territory
In the Northern Territory the Commonwealth controls ‘prescribed substances’ and joint agreements between the Commonwealth and the Northern Territory can allow for uranium is to be within mineral titles and governed under the Mining Act 1980.
Queensland
In Queensland there are no restrictions under the current Mineral Resources Act 1989, however the current government has policies that prohibit new uranium mining.
South Australia
In South Australia exploration of uranium can occur within mineral titles and governed under the Mining Act 1971, however mining is prohibited unless the Minister has specifically endorsed the operations under the Mining Act 1971.
Tasmania
In Tasmania there are no restrictions under the current Mineral Resources Development Act 1995, however there are no currently operating mines in Tasmania.
Victoria
In Victoria prospecting and mining of uranium is prohibited under Nuclear Activities (Prohibitions) Act 1983 (Vic). Managed within mineral titles and governed under the Mineral Resources (Sustainable Development) Act 1990 (Vic) and the Mineral Resources Development Regulations 2002.
Western Australia
In Western Australia uranium is managed within mineral titles and governed under the Mining Act 1978 (WA).
Coal
New South Wales
In New South Wales coal is managed within mineral titles and governed under the Mining Act 1992.
Northern Territory
In Northern Territory coal is managed within mineral titles and governed under the Mining Act.
Queensland
In Queensland coal is managed within mineral titles and governed under the Mineral Resources Act 1989.
South Australia
In South Australia coal is managed within mineral titles and governed under the Mining Act 1971.
Tasmania
In Tasmania coal is managed within mineral titles and governed under the Mineral Resources Development Act 1995.
Victoria
In Victoria coal is managed within mineral titles and governed under the Mineral Resources (Sustainable Development) Act 1990 (Vic) and the Mineral Resources Development Regulations 2002.
Western Australia
In Western Australia coal is managed within mineral titles and governed under the Mining Act 1978 (WA).
Topic contact: energy@ga.gov.au Last updated: May 31, 2012
