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Jurisdictional review Resource ownership, rights issuance and tenure In Iceland, subsurface resources are owned by the private landowner, while resources on public land are federal property. In 2008 laws were passed that disallowed public owners (the state or municipalities) to sell any land or resource that could produce more than 7 MW of power to private owners. Prior to this, private companies could buy surface land with the purpose of gaining access to high-value subsurface resources, but this is no longer the case. The resource can, however, be leased to a private development. Exploration of all subsurface resources are subject to the Act on Survey and Utilization of Ground Resources which allows the government to conduct (or issue a licence to conduct) surveying and prospecting for resources anywhere, on both public and private land. In order to gain a licence for utilization (production), a holder of a survey licence must prove there are adequate resources on the land, and must strike a deal for use with the surface owner for access. Production or use must start within three years of the issuance of the licence or it can be canceled.142 Power plants with a capacity greater than 1 MW or that plan to distribute energy into the grid must gain a licence under the Electricity Act. Large or significant projects are subject to review under the Environmental Impact Assessment Act. Proponents of plants less than 1 MW must submit technical details of their project to the National Energy Authority in Iceland, the body which is also responsible for official monitoring of the resource. Tenure for development on public land can extend for a maximum of 65 years.143 Iceland has developed the Master Plan for Hydro and Geothermal Energy Resources, which provides an overview on the various potential hydro and geothermal energy projects and ranks them based economic feasibility, and environmental and natural heritage impacts.144 The plan designates resources are available for development, resources to be protected and areas for further investigation.145 The Master Plan is a 142 J. Ketilsson et al., “Legal Framework and National Policy for Geothermal Development in Iceland,” in Proceedings of the World Geothermal Congress 2010 (Bali, Indonesia, April 25-30, 2010). 143 Orkustofnun (National Energy Authority) Geothermal Development and Research in Iceland (2010). www.nea.is/media/utgafa/GD_loka.pdf 144 B. Steingrímsson et al., “Master Plan For Geothermal And Hydropower Development In Iceland,” (presented at Short Course on Geothermal Development in Central America – Resource Assessment and Environmental Management, San Salvador, El Salvador, November 25–December 1, 2007). http:// www.os.is/gogn/unu-gtp- sc/UNU-GTP-SC-02-15.pdf 145 Personal communication, Jonas Ketilsson, National Energy Authority of Iceland, January 13, 2011. The Pembina Institute 35 Building a regulatory framework for geothermal development in the NWTPDF Image | geothermal energy development in the NWT
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