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Lessons from other jurisdictions Some jurisdictions divide geothermal resources based on the technology used. This definition may create confusion or conflict as technology changes and energy production becomes even more economically viable from low-temperature resources. Although not highlighted in the jurisdictional review above, in Washington State, a geothermal resource is defined as the heat of the earth “from which it is technologically practical to produce electricity commercially.”155 This definition is flexible and does not restrict geothermal to a particular type of technology. 4.2 Geothermal legislation The jurisdictions reviewed showed a varied approach to geothermal legislation. There are four approaches to legislation for geothermal resources as found in the jurisdictional review: Legislation for geothermal Jurisdiction(s) Petroleum Mineral Water Geothermal-specific South Australia, Western Australia Germany, Iceland, Nevada, New South Wales, Tasmania New Zealand B.C., U.S. federal, California, Queensland, Victoria There are often compelling reasons for regulating geothermal under existing regulation. Because the exploration strategy for geothermal is similar to mineral exploration, it has often been classified as a mineral. Conversely, it fits well under the petroleum regime because extraction methods are similar. Because geothermal relies on water, it is often linked to the water management regulations. In addition, new legislation can be tailored to the unique impacts and benefits of geothermal energy. Interviewees were asked if geothermal energy resources should be covered under existing legislation for other resources or if separate legislation should be developed. Several interviewees stated that is does not matter which approach is taken, as long as it is effective.156 Effective legislation was described by interviews through its implementation; the process of issuing tenure and permits is timely, not onerous, and the responsibility of regulating agencies is clearly outlined. Several experts interviewed in preparation of this report suggested that geothermal energy development is best managed by regulators familiar with petroleum, where the skill set and knowledge required is somewhat analogous. Oil and gas development involves drilling processes and plant operations that can be related to geothermal energy development. It is for this reason that the State of South Australia decided to link geothermal regulations with petroleum legislation and as a result did not have to expand their regulatory capacity.157 155 Government of Washington, Geothermal Resources Act, RCW 78.60.030 (). 156 Personal communication, Jim Lawless, Sinclair Knight Merz, December 9, 2010; Alison Thompson, Canadian Geothermal Energy Association, January 26, 2011. 157 Personal communication, Barry Goldstein, Government of South Australia, November 23 2010. The Pembina Institute 39 Building a regulatory framework for geothermal development in the NWTPDF Image | geothermal energy development in the NWT
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