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4. Lessons from other jurisdictions Several key themes emerge from the jurisdictional review of legislation and policy for geothermal energy development. These themes are combined with the results of interviews with geothermal experts in the jurisdictions. For a list of interviewees, see Appendix A. These themes are categorized under the following headings: definition of geothermal energy; legislation; resource ownership; tenure and leasing system; fees and royalties; research; and fiscal and non- fiscal incentive policies. 4.1 Definition of geothermal energy A clear definition of geothermal energy can help determine whether geothermal energy can be regulated under existing mining, petroleum or water legislation, or whether new legislation is necessary. There are multiple definitions of geothermal energy used in other jurisdictions, as shown in the jurisdiction review in Chapter 3. It has been defined as a mineral, water or as energy/heat. For example, one of the most simple and common definition is “energy stored in the form of heat beneath the surface of the Earth.” Geothermal energy is commonly classified according to depth, temperature or end use. Other, less commonly-used parameters to define geothermal can include flow rate, pressure and installed thermal capacity. A depth limit can be used to differentiate between shallow and deep geothermal resources. Many countries use a range of greater than 400 metres to up to 1 kilometre to define shallow geothermal.153 Some jurisdictions define geothermal resources by a temperature threshold. The goal of this definition may be to differentiate hot springs developments from commercial geothermal operations. However, commercial energy production from lower-temperature resources is increasingly feasible with advances in technology.154 For example, in B.C, the definition of geothermal resources excludes waters at the surface with a temperature of less than 80°C. In the state of Victoria in Australia, geothermal is defined as 70°C or 1 km of depth, whichever is first. A definition of geothermal resources based on surface temperature alone may exclude valuable resources that are at a higher temperatures at depth. 153 S. Haehnlein, P. Bayer, P. Blum, “International Legal Status of the Use of Shallow Geothermal Energy” Renewable and Sustainable Energy Reviews 14 (2010):2611; Personal communication, Barry Goldstein, Dept. Primary Industries, South Australia, December 15, 2010. 154 Jessop et al, “Geothermal Energy In Canada.” The Pembina Institute 38 Building a regulatory framework for geothermal development in the NWTPDF Image | geothermal energy development in the NWT
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