{"id":"hydrogen-and-renewable-energy-act-2023","name":"Hydrogen and Renewable Energy Act 2023","slug":"hydrogen-and-renewable-energy-act-2023","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":94139,"registerId":"sa-hydrogen-and-renewable-energy-act-2023-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Hydrogen and Renewable Energy Act 2023.\n2—Commencement\nThis Act comes into operation on a day to be fixed by proclamation.\n3—Objects\nThe objects of this Act are as follows:\n\t(a)\tto facilitate and regulate exploration for, and exploitation of, renewable energy resources;\n\t(b)\tto establish an effective, efficient and flexible regulatory framework for the constructing, operating, maintaining and decommissioning of renewable energy infrastructure and facilities for generating hydrogen for commercial purposes;\n\t(c)\tto encourage and maintain an appropriate level of competition for access to designated land to enable exploration for, and exploiting of, renewable energy resources;\n\t(d)\tto enable engagement with Aboriginal people to ensure the regulatory framework in this Act maximises beneficial economic, environmental and social impacts and minimises adverse cultural and heritage impacts on Aboriginal people;\n\t(e)\tto enable engagement with rural and regional communities in relation to hydrogen and renewable energy projects for beneficial economic, environmental and social outcomes for those communities;\n\t(f)\tto facilitate economic prosperity and benefits for the State through the development of an industry for generating hydrogen and renewable energy;\n\t(g)\tto ensure that generating hydrogen and the exploitation of renewable energy resources is ecologically sustainable;\n\t(h)\tto facilitate public safety in managing risks inherent in generating hydrogen;\n\t(i)\tto enable appropriate consultation before authorised operations are undertaken;\n\t(j)\tto facilitate the grant of licences that enable hydrogen and renewable energy projects to co‑exist, so far as possible, with other land uses;\n\t(k)\tto support the achievement of the following for the State:\n\t(i)\tcompetitively priced and reliable renewable energy supply;\n\t(ii)\teconomic development of a hydrogen energy industry;\n\t(iii)\teconomic development of a net zero carbon emission industry.\n4—Interpretation\n\t(1)\tIn this Act—\naccess agreement—see section 41;\nAdelaide Dolphin Sanctuary has the same meaning as in the Adelaide Dolphin Sanctuary Act 2005;\naffects native title has the same meaning as in the Native Title Act 1993 of the Commonwealth;\nassociated infrastructure activity means the construction, installation, operation, maintaining, management and decommissioning of—\n\t(a)\ta hydrogen power plant; or\n\t(b)\tports, wharves or jetties associated with the import or export of hydrogen or renewable energy; or\n\t(c)\ta desalination plant used for the primary purpose of supplying water used in generating hydrogen; or\n\t(d)\tany other infrastructure associated with other regulated activities prescribed by the regulations for the purposes of this definition,\nbut does not include an activity of a kind excluded from the ambit of this definition by the regulations;\nassociated infrastructure licence—see section 23;\nauthorised officer means a person appointed by the Minister as an authorised officer for the purposes of this Act;\nauthorised operations means activities authorised to be undertaken under a licence;\nauthorised person means a person authorised by the Minister under section 7(1) to explore renewable energy resources;\ncoastal waters of the State has the same meaning as in the Coastal Waters (State Powers) Act 1980 of the Commonwealth, and includes the sea‑bed and subsoil beneath, and the airspace above, those waters;\ncommercial purpose, in relation to generating hydrogen, means generating hydrogen for any of the following purposes:\n\t(a)\tinternational export;\n\t(b)\tmanufacturing chemicals;\n\t(c)\tsale or supply of electricity to customers;\n\t(d)\twholesale distribution of hydrogen to customers;\n\t(e)\tany other purpose prescribed by the regulations,\nbut does not include a purpose excluded from the ambit of this definition by the regulations;\nCrown agency has the same meaning as in the Crown Land Management Act 2009;\nCrown land means—\n\t(a)\tCrown land within the meaning of the Crown Land Management Act 2009; and\n\t(b)\tland owned by a Crown agency; and\n\t(c)\tland under the control of a Crown agency within the meaning of the Crown Land Management Act 2009;\ndesignated land means—\n\t(a)\tpastoral land; or\n\t(b)\tCrown land, or an area of Crown land, of a kind prescribed by the regulations for the purposes of this definition; or\n\t(c)\tSouth Australian waters,\nbut does not include—\n\t(d)\tthe Arkaroola Protection Area within the meaning of the Arkaroola Protection Act 2012; or\n\t(e)\ta restricted access zone or a sanctuary zone both within the meaning of the Marine Parks Act 2007; or\n\t(f)\ta reserve within the meaning of the National Parks and Wildlife Act 1972; or\n\t(g)\ta wilderness protection area or a wilderness protection zone both within the meaning of the Wilderness Protection Act 1992;\nenvironment—see subsection (3);\nenvironmental impact report—see section 61;\nERD Court means the Environment, Resources and Development Court established under the Environment, Resources and Development Court Act 1993;\nexploit, in relation to a renewable energy resource, means—\n\t(a)\tgenerating or obtaining energy from the renewable energy resource; or\n\t(b)\tstoring, transmitting or otherwise conveying energy obtained from the renewable energy resource,\nof or above the prescribed quantity of energy;\nexplore, in relation to a renewable energy resource, means exploring for the existence of, or assessing or scoping the extent, capacity or attributes of, a renewable energy resource;\nFund means the Hydrogen and Renewable Energy Fund established and maintained under section 82;\ngenerating hydrogen means undertaking operations for the creation of hydrogen (and any compound of hydrogen necessary for its processing, storage or transport) by processes such as the electrolysis of water or the reformation of natural gas, and includes—\n\t(a)\toperations for the storage of hydrogen; and\n\t(b)\tother operations of a kind prescribed by the regulations for the purposes of this definition;\nhydrogen generation facility means infrastructure necessary for generating hydrogen;\nhydrogen generation licence—see section 14;\ninfrastructure includes a facility, structure or installation that is being constructed, installed, operated, maintained or decommissioned;\ninfrastructure activity means constructing, installing, operating, maintaining or decommissioning—\n\t(a)\trenewable energy infrastructure; or\n\t(b)\ta hydrogen generation facility,\nbut does not include an activity excluded from the ambit of this definition by the regulations;\nland includes—\n\t(a)\twaters and airspace over land; and\n\t(b)\tcoastal waters of the State;\nleading performance criteria means criteria used to give an early warning that a control or other strategy necessary for compliance with a statement of environmental objectives—\n\t(a)\tis absent; or\n\t(b)\tmay fail or be failing;\nlicence means—\n\t(a)\ta hydrogen generation licence; or\n\t(b)\ta renewable energy feasibility licence; or\n\t(c)\ta renewable energy infrastructure licence; or\n\t(d)\ta renewable energy research licence; or\n\t(e)\tan associated infrastructure licence; or\n\t(f)\ta special enterprise licence;\nlicence area means the area of land in respect of which a licence is granted;\nlicensee means a person who holds a licence;\nmarine park has the same meaning as in the Marine Parks Act 2007;\nMurray‑Darling Basin has the same meaning as in the Murray-Darling Basin Act 1993;\nnative title agreement, in relation to native title land means—\n\t(a)\tan agreement in the form of an indigenous land use agreement registered under the Native Title Act 1993 of the Commonwealth; or\n\t(b)\tan agreement in a form requested by the registered native title body corporate or registered native title claimant for the land that is satisfactory to the Minister;\nnative title, native title declaration, native title land and native title register have the same respective meanings as in the Native Title (South Australia) Act 1994;\nnative title holder has the same meaning as in the Native Title Act 1993 of the Commonwealth;\noperational management plan—see section 66;\noperations includes activities;\nowner of land means—\n\t(a)\ta person who holds a registered estate or interest in the land conferring a right to immediate possession of the land; or\n\t(b)\ta native title holder in respect of the land; or\n\t(c)\ta person who has, by statute, the care, control or management of the land; or\n\t(d)\ta person who is lawfully in occupation of the land; or\n\t(e)\ta person who holds a pastoral lease in respect of the land; or\n\t(f)\ta person who holds a resources tenement in respect of the land; or\n\t(g)\tthe holder of an aquaculture lease or aquaculture licence under the Aquaculture Act 2001; or\n\t(h)\ta person of a class brought within the ambit of this definition by the regulations;\npastoral land means land comprised in a pastoral lease;\npastoral lease means a lease granted under the Pastoral Land Management and Conservation Act 1989;\npermit holder means a person who holds a renewable energy feasibility permit issued under section 8;\npermit area means the area of land in respect of which a renewable energy feasibility permit is issued;\nregister means the hydrogen and renewable energy register required to be kept under section 108;\nregistered native title body corporate and registered native title claimant have the same respective meanings as in the Native Title Act 1993 of the Commonwealth;\nregulated activity—see section 12;\nrelease area—see section 10;\nrelevant Minister means—\n\t(a)\tin relation to the Adelaide Dolphin Sanctuary—the Minister to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed; or\n\t(b)\tin relation to a marine park—the Minister to whom the administration of the Marine Parks Act 2007 is committed; or\n\t(c)\tin relation to a River Murray Protection Area or the Murray‑Darling Basin—the Minister to whom the administration of the River Murray Act 2003 is committed;\nrenewable energy feasibility licence—see section 17;\nrenewable energy feasibility permit—see section 8;\nrenewable energy infrastructure means infrastructure that—\n\t(a)\tis necessary for assessing the feasibility of generating renewable energy from a renewable energy resource; or\n\t(b)\thas the primary purpose of exploiting a renewable energy resource; or\n\t(c)\tis of a kind prescribed by the regulations for the purposes of this definition;\nrenewable energy infrastructure licence—see section 19;\nrenewable energy licence means—\n\t(a)\ta renewable energy feasibility licence; or\n\t(b)\ta renewable energy infrastructure licence; or\n\t(c)\ta renewable energy research licence;\nrenewable energy research licence—see section 21;\nrenewable energy resource means any of the following:\n\t(a)\tlight or heat from the sun;\n\t(b)\twind or air flow;\n\t(c)\twind generated waves;\n\t(d)\ttides;\n\t(e)\tocean currents;\n\t(f)\tany other resource prescribed by the regulations;\nresources tenement means—\n\t(a)\ta mineral tenement within the meaning of the Mining Act 1971; or\n\t(b)\ta tenement under the Opal Mining Act 1995; or\n\t(c)\ta licence under the Offshore Minerals Act 2000; or\n\t(d)\ta licence under the Petroleum and Geothermal Energy Act 2000; or\n\t(e)\ta permit, lease or licence under the Petroleum (Submerged Lands) Act 1982;\nRiver Murray Protection Area means a River Murray Protection Area under the River Murray Act 2003;\nscoping report—see section 71;\nspecial enterprise licence—see section 28;\nspecially protected area means—\n\t(a)\tthe Adelaide Dolphin Sanctuary; or\n\t(b)\ta marine park; or\n\t(c)\ta River Murray Protection Area;\nSouth Australian waters means adjacent land and subjacent land within the meaning of the Harbors and Navigation Act 1993 insofar as that land is vested in a Minister to whom the administration of that Act is committed under section 15 of that Act, and includes waters and airspace over such land;\nstatement of environmental objectives—see section 62;\nwork program means a document prepared by an applicant for a licence, or for the renewal of a licence, that provides—\n\t(a)\ta statement of the nature, extent and proposed scheduling of operations proposed to be undertaken under the licence; and\n\t(b)\tin the case of a renewable energy feasibility licence—an analysis against the criteria prescribed by the regulations for the purposes of this paragraph; and\n\t(c)\tin the case of an application for a hydrogen generation licence, a renewable energy infrastructure licence or a special enterprise licence—\n\t(i)\tan economic analysis of the operations proposed to be undertaken under the licence prepared in accordance with the requirements prescribed by the regulations for the purposes of this subparagraph, including financial projections and details of the financial resources available to the applicant for the purposes of the operations; and\n\t(ii)\tan assessment of the benefits to the State derived, or expected to be derived, from operations proposed to be undertaken under the licence prepared in accordance with the requirements prescribed by the regulations.\n\t(2)\tThe following provisions apply in relation to a reference to designated land in a provision of this Act:\n\t(a)\ta reference to designated land in a provision of this Act relating to an application for a licence will be taken to refer only to land that is designated land at the time the application for the licence is determined;\n\t(b)\ta reference to designated land in a provision of this Act relating to the renewal of a licence will be taken to refer only to land that is designated land at the time the application for the grant of the licence the subject of the renewal was determined;\n\t(c)\ta reference to designated land in a provision of this Act relating to an application for an increase in the size of a licence area will be taken to refer only to land that is designated land within the proposed additional licence area at the time the application is approved (and not land within the original licence area);\n\t(d)\ta reference to designated land in a provision of this Act relating to a licence—\n\t(i)\twill be taken to refer only to land that is designated land at the time the application for the grant of the licence was determined; and\n\t(ii)\tif the area of the licence has been increased—will, in relation to the additional licence area, be taken to refer only to land that is designated land at the time the increase was approved.\n\t(3)\tA reference in this Act to the environment includes—\n\t(a)\tland, air, water (including both surface and underground water and sea water), organisms, ecosystems, flora, fauna and other features or elements of the natural environment; and\n\t(b)\tbuildings, structures and other forms of infrastructure, and cultural artefacts; and\n\t(c)\texisting or permissible land use; and\n\t(d)\tpublic health, safety or amenity; and\n\t(e)\tthe heritage, aesthetic, Aboriginal, social and cultural values of an area; and\n\t(f)\tthe social or economic effects associated with regulated activities.\n\t(4)\tA provision of this Act that requires the Minister, an authorised person or a licensee to give a notice to an owner of land will, in relation to a person who is within the ambit of paragraph (d) of the definition of owner of land, apply—\n\t(a)\tto the extent that the Minister, authorised person or licensee is aware of such a person; or\n\t(b)\tto the extent that it is reasonable to expect the Minister, authorised person or licensee to be aware of such a person.\n5—Application of Act\nThis Act is intended to have extraterritorial application insofar as the legislative powers of the Parliament permit.\n6—Interaction with other Acts\n\t(1)\tSubject to this section and any contrary intention in this or any other Act, the provisions of this Act are in addition to, and do not limit, the provisions of any other Act.\n\t(2)\tThe grant of a licence under this Act that confers a right to enter and use land does not take away or limit the power of the Governor or a Minister of the Crown to reserve, dedicate, grant, sell or otherwise deal with or dispose of land; however, any such reservation, dedication, grant, sale or other dealing or disposition of land is subject to rights earlier conferred under this Act.\n\t(3)\tNothing in subsection (2) limits the operation of the Mining Act 1971, the Offshore Minerals Act 2000, the Opal Mining Act 1995, the Petroleum (Submerged Lands) Act 1982 or the Petroleum and Geothermal Energy Act 2000.\n\t(4)\tThe Minister must, if taking any action under this Act—\n\t(a)\tthat is within the Adelaide Dolphin Sanctuary, or likely to have a direct impact on the Adelaide Dolphin Sanctuary—\n\t(i)\tseek to further the objects and objectives of the Adelaide Dolphin Sanctuary Act 2005; and\n\t(ii)\ttake into account the provisions of the Adelaide Dolphin Sanctuary Management Plan under the Adelaide Dolphin Sanctuary Act 2005 (insofar as may be relevant); and\n\t(b)\tthat is within a marine park, or likely to have a direct impact on a marine park—\n\t(i)\tseek to further the objects of the Marine Parks Act 2007; and\n\t(ii)\ttake into account the provisions of the management plan for the marine park under the Marine Parks Act 2007 (insofar as may be relevant); and\n\t(c)\tthat is within a River Murray Protection Area, or likely to have a direct impact on a River Murray Protection Area—take into account the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Preliminary investigation of renewable energy resources","content":"Part 2—Preliminary investigation of renewable energy resources\n","sortOrder":1},{"sectionNumber":"Div 1","sectionType":"division","heading":"Minister may explore renewable energy resources","content":"Division 1—Minister may explore renewable energy resources\n7—Minister may explore renewable energy resources\n\t(1)\tSubject to this section, the Minister or a person with the written authorisation of the Minister may, for the purposes of exploring renewable energy resources—\n\t(a)\tenter and remain on land with assistants, vehicles and equipment as may be necessary or expedient for the purposes of the exploration; and\n\t(b)\texplore and conduct tests on land; and\n\t(c)\ttake, and remove from land, samples from the land; and\n\t(d)\tconstruct, install, operate, maintain or decommission infrastructure on land necessary for assessing the feasibility of generating renewable energy from a renewable energy resource; and\n\t(e)\ttake photographs, audio or video recordings of land; and\n\t(f)\tundertake any other activities of a kind prescribed by the regulations.\n\t(2)\tAt least 14 days before the Minister or an authorised person undertakes an activity on land under subsection (1), the Minister or authorised person (as the case may be) must give notice to the owner of land—\n\t(a)\tdescribing the area of land on which the activity will be undertaken; and\n\t(b)\tdescribing the activities proposed to be undertaken on the land.\n\t(3)\tThe Minister or an authorised person need not comply with subsection (2) if it is not practical to do so.\n\t(4)\tA person exercising powers under this section must, at the request of a person, provide their identity card or other proof of their authority to exercise the powers conferred by this section.\n","sortOrder":2},{"sectionNumber":"Div 2","sectionType":"division","heading":"Renewable energy feasibility permit","content":"Division 2—Renewable energy feasibility permit\n8—Renewable energy feasibility permit\n\t(1)\tA renewable energy feasibility permit, subject to the conditions of the permit, authorises the permit holder to undertake, within the permit area, a feasibility activity specified in the permit.\n\t(2)\tA renewable energy feasibility permit must not be issued in respect of an area that constitutes designated land.\n\t(3)\tAn application for a renewable energy feasibility permit—\n\t(b)\tmust identify the area or areas in respect of which the permit is being sought in a manner determined by the Minister; and\n\t(c)\tmust be accompanied by such other information as may be prescribed by the regulations; and\n\t(d)\tmust be accompanied by the prescribed fee.\n\t(4)\tThe Minister may require the applicant to provide the Minister with additional information specified by the Minister (and that information must be provided within the period specified by the Minister).\n\t(5)\tThe Minister must, before issuing a renewable energy feasibility permit, be satisfied—\n\t(a)\tthat the applicant has, or will acquire, a right or interest in respect of land comprising the proposed permit area sufficient to undertake the feasibility activity authorised by the permit; and\n\t(b)\tthat the applicant has met the criteria prescribed by the regulations for the purposes of this subsection; and\n\t(c)\tto the extent that the proposed permit area comprises native title land—\n\t(i)\tto the extent that the native title land is the subject of a native title declaration or is within the area of a claim that is registered in a native title register—that a native title agreement is in place that authorises the issuing of the permit; and\n\t(ii)\tof the matters specified in any guidelines issued by the Minister for the purposes of this paragraph.\nIf there is an indigenous land use agreement registered under the Native Title Act 1993 of the Commonwealth authorising the grant of a right or interest in respect of land sufficient to undertake the proposed operations, that agreement may also authorise the issuing of the permit.\n\t(6)\tThe Minister may issue a renewable energy feasibility permit on conditions determined by the Minister and specified in the permit.\n\t(7)\tA permit holder must not contravene a term or condition of a renewable energy feasibility permit.\n\t(8)\tA person must not, without lawful excuse, obstruct or hinder the holder of a renewable energy feasibility permit in the reasonable exercise of rights conferred under this Act.\n\t(9)\tIn this section—\nfeasibility activity means—\n\t(a)\tconstructing, installing, operating, maintaining or decommissioning infrastructure necessary for assessing the feasibility of generating renewable energy from a renewable energy resource; or\n\t(b)\tundertaking an activity of a kind prescribed by the regulations for the purposes of this definition.\n9—Term and renewal of permit\n\t(1)\tA renewable energy feasibility permit may be issued for a term of up to 5 years as may be determined by the Minister and specified in the permit.\n\t(2)\tA permit holder may, before the date of expiry of the permit (or at a time after the expiry of the permit as allowed by the Minister), apply to the Minister for the renewal of the renewable energy feasibility permit for a further term as may be determined by the Minister and specified in the permit.\n\t(3)\tAn application for the renewal of a renewable energy feasibility permit—\n\t(4)\tThe Minister must not renew a renewable energy feasibility permit unless the Minister is satisfied that the applicant for the renewal has met the criteria prescribed by the regulations for the purposes of this subsection.\n\t(5)\tIf an application for the renewal of a renewable energy feasibility permit is not decided before the date on which the permit is due to expire, the permit continues in operation until the application is decided and, if the permit is renewed, the renewal dates from the date on which the permit would, but for this subsection, have expired.\n\t(6)\tIf the Minister decides to renew a renewable energy feasibility permit, the permit will be renewed for a term determined by the Minister and specified in the permit.\n","sortOrder":3},{"sectionNumber":"Part 3","sectionType":"part","heading":"Release area","content":"Part 3—Release area\n10—Minister may declare release area\n\t(1)\tThe Minister may, by notice in the Gazette, declare an area of land comprising designated land specified in the notice that the Minister considers to be suitable for the operation of renewable energy infrastructure to be a release area.\n\t(2)\tA declaration under subsection (1) may specify the renewable energy resource in respect of which the area is declared.\n\t(3)\tA person may, by written notice to the Minister given in a manner and form determined by the Minister, nominate an area of land that the person considers suitable for declaration as a release area.\n\t(4)\tThe Minister must, before declaring a release area—\n\t(a)\tif any part of the proposed area comprises pastoral land—seek the concurrence of the Minister responsible for the administration of the Pastoral Land Management and Conservation Act 1989; or\n\t(b)\tif any part of the proposed area comprises South Australian waters—seek the concurrence of the Minister responsible for the administration of the Harbors and Navigation Act 1993.\n\t(5)\tIf the Minister seeks the concurrence of a Minister under subsection (4), and the Ministers cannot agree on whether or not an area should be declared, the Ministers must take steps to refer the matter to the Governor and the Governor will determine the matter (and any decision taken by the Governor will be taken to be a decision of the Minister under this Act).\n\t(6)\tThe Minister must, before declaring a release area—\n\t(a)\tgive notice in writing of the proposed declaration in the manner prescribed by the regulations; and\n\t(b)\tundertake consultation required by the regulations in a manner prescribed by the regulations.\n\t(7)\tIf a declaration of a release area under this section is in force, an application for a renewable energy feasibility licence in respect of land within the declared area must not be made except in response to a call for tenders under section 11.\n\t(8)\tThe prescribed particulars of a declaration under subsection (1) must be entered on the register.\n11—Call for tenders for renewable energy feasibility licence\n\t(1)\tThe Minister may, at any time, by notice in the Gazette, invite applications for renewable energy feasibility licences within a specified release area.\n\t(2)\tA notice under subsection (1)—\n\t(a)\tmust specify the release area to which the call for tenders relates; and\n\t(b)\tmust identify the area over which applications for renewable energy feasibility licences are sought; and\n\t(c)\tmust specify a period of time within which applications for renewable energy feasibility licenses must be made; and\n\t(d)\tmay specify that applications are to be in respect of a specified renewable energy resource; and\n\t(e)\tmay specify criteria prescribed by the regulations against which applications will be assessed; and\n\t(f)\tmay include any other information the Minister considers relevant; and\n\t(g)\tmust be made publicly available on a website determined by the Minister.\n\t(3)\tThe Minister must, in determining an application under this section—\n\t(a)\tcomply with the prescribed requirements; and\n\t(b)\thave regard to any prescribed criteria specified under subsection (2)(e).\n\t(4)\tOn determining a successful applicant, the Minister must—\n\t(a)\tspecify, by notice in the Gazette, the name of the successful applicant and a statement of the reasons for the Minister's decision; and\n\t(b)\tgive notice to any unsuccessful applicant of the reasons for the Minister's decision.\n\t(5)\tThe regulations may provide for the circumstances in which the Minister may invite further applications for a renewable energy feasibility licence in respect of a release area and provide for the process by which the Minister may invite and otherwise deal with those applications.\n\t(6)\tA successful applicant has an exclusive right to apply for a renewable energy feasibility licence under section 17 in respect of an area within the specified release area.\n","sortOrder":4},{"sectionNumber":"Part 4","sectionType":"part","heading":"Licensing","content":"Part 4—Licensing\nDivision 1—Requirement for licence\n12—Regulated activities\n\t(1)\tThe following activities, if undertaken within the State or the coastal waters of the State, are regulated activities:\n\t(a)\tgenerating hydrogen for a commercial purpose;\n\t(b)\texploring for a renewable energy resource;\n\t(c)\texploiting a renewable energy resource;\n\t(d)\tan infrastructure activity;\n\t(e)\tan associated infrastructure activity;\n\t(f)\tan activity of a kind prescribed by the regulations.\n\t(2)\tThe following are not regulated activities:\n\t(a)\tundertaking an activity requiring authorisation under the Mining Act 1971, the Offshore Minerals Act 2000, the Opal Mining Act 1995, the Petroleum and Geothermal Energy Act 2000, or the Petroleum (Submerged Lands) Act 1982;\n\t(b)\tan activity excluded by the regulations from the ambit of the definition of regulated activities.\n\t(3)\tA reference to a regulated activity includes all operations reasonably necessary for, or incidental to, undertaking that activity.\n\t(4)\tThe regulations may provide that a regulated activity may only be authorised by a specified category of licence.\n13—Requirement for licence\n\t(1)\tA person must not undertake a regulated activity unless the activity is authorised, or exempted from authorisation, under this Act.\nMaximum penalty: $250 000 or imprisonment for 2 years.\n\t(2)\tExploring for a renewable energy resource on land that is not designated land is exempt from the requirement to be authorised under this Act.\nA special enterprise licence may, however, authorise a person to explore a renewable energy resource on land that is not designated land and confer a right to enter and use such land for that purpose.\n\t(3)\tIf the Minister applies for a licence or exemption under this Act, then any power required to be exercised by the Minister in relation to the grant of the licence or exemption must be delegated to another Minister in accordance with this Act or the Administrative Arrangements Act 1994.\nDivision 2—Licence categories\n","sortOrder":5},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Hydrogen generation licence","content":"Subdivision 1—Hydrogen generation licence\n14—Hydrogen generation licence\n\t(1)\tA hydrogen generation licence, subject to the conditions of the licence, authorises the licensee—\n\t(a)\tto construct, install, operate, maintain and decommission a hydrogen generation facility within the licence area (which must not exceed 5 km² in area); and\n\t(b)\tto generate hydrogen for a commercial purpose; and\n\t(c)\tto undertake other regulated activities of a prescribed kind within the licence area as specified in the licence.\n\t(2)\tThe Minister must, before granting a hydrogen generation licence, be satisfied—\n\t(a)\tthat the applicant for the licence has, or will acquire, a right or interest in respect of land comprising the proposed licence area sufficient to undertake the proposed operations; and\n\t(b)\tto the extent that the proposed licence area comprises native title land—\n\t(i)\tto the extent that the native title land is the subject of a native title declaration or is within the area of a claim that is registered in a native title register—that a native title agreement is in place that authorises the grant of the licence; and\n\t(ii)\tof the matters specified in any guidelines issued by the Minister for the purposes of this paragraph.\nIf there is an indigenous land use agreement registered under the Native Title Act 1993 of the Commonwealth authorising the grant of a right or interest in respect of land sufficient to undertake the proposed operations, that agreement may also authorise the grant of the licence.\n15—Term and renewal of licence\n\t(1)\tA hydrogen generation licence may be granted for a term determined by the Minister and notified to the licensee.\n\t(2)\tThe holder of a hydrogen generation licence may, before the date of expiry of the licence (or at a time after the expiry of the licence as allowed by the Minister), apply to the Minister for the renewal of the licence for a further term as may be determined by the Minister and specified in the licence.\n\t(3)\tAn application for the renewal of a hydrogen generation licence—\n\t(4)\tThe Minister must not renew a hydrogen generation licence unless the Minister is satisfied that the applicant for the renewal has met the criteria prescribed by the regulations for the purposes of this subsection.\n\t(5)\tIf an application for the renewal of a hydrogen generation licence is not decided before the date on which the licence is due to expire, the licence continues in operation until the application is decided and, if the licence is renewed, the renewal dates from the date on which the licence would, but for this subsection, have expired.\n\t(6)\tIf the Minister decides to grant a renewal, the hydrogen generation licence will be renewed for a term determined by the Minister and specified in the licence.\n16—Minister may grant certain licences under Petroleum and Geothermal Energy Act 2000\n\t(1)\tAn applicant for, or the holder of, a hydrogen generation licence may, by written notice to the Minister, request that the Minister—\n\t(a)\tdetermine an application for a designated licence; and\n\t(b)\tdetermine a related matter.\n\t(2)\tA request under subsection (1) may only be made if the proposed designated licence is associated with authorised operations undertaken, or proposed to be undertaken, under a hydrogen generation licence.\n\t(3)\tThe Minister must, before granting a request under subsection (1), notify the relevant Minister of the Minister's intention to grant the request.\n\t(4)\tIf the Minister grants a request under subsection (1), the Minister may grant a designated licence, or determine a related matter, in accordance with the relevant designated provision.\n\t(5)\tFor the purposes of granting a designated licence or determining a related matter—\n\t(a)\ta reference to the relevant Minister in a designated provision will be taken to be a reference to the Minister; and\n\t(b)\ta relevant Minister must not exercise a power under a designated provision that is exercised by the Minister pursuant to this section.\n\t(6)\tTo avoid doubt, subsection (5) does not apply to any provision of the Petroleum and Geothermal Energy Act 2000 that is not referred to in that subsection.\n\t(7)\tIn this section—\ndesignated licence means either of the following licences under the Petroleum and Geothermal Energy Act 2000:\n\t(a)\ta gas storage licence;\n\t(b)\ta pipeline licence;\ndesignated provision means—\n\t(a)\tin the case of granting a gas storage licence—Part 6 of the Petroleum and Geothermal Energy Act 2000; and\n\t(b)\tin the case of granting a pipeline licence—Part 8 of the Petroleum and Geothermal Energy Act 2000; and\n\t(c)\tin the case of determining a related matter—any other provision of the Petroleum and Geothermal Energy Act 2000 prescribed by the regulations for the purposes of this definition that allows for the determination of a related matter;\nrelated matter means—\n\t(a)\tthe variation, revocation or renewal of a designated licence granted by the Minister; or\n\t(b)\tany other matter prescribed by the regulations for the purposes of this definition that is related to a designated licence granted by the Minister;\nrelevant Minister means the Minister responsible for the administration of the Petroleum and Geothermal Energy Act 2000.\n","sortOrder":6},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Renewable energy feasibility licence","content":"Subdivision 2—Renewable energy feasibility licence\n17—Renewable energy feasibility licence\n\t(1)\tA renewable energy feasibility licence, subject to the conditions of the licence—\n\t(a)\tauthorises the licensee to—\n\t(i)\texplore a renewable energy resource in the licence area and assess the feasibility of exploiting a renewable energy resource; and\n\t(ii)\tconstruct, install, operate, maintain and decommission renewable energy infrastructure for the purposes of exploring a renewable energy resource; and\n\t(b)\tconfers on the licensee—\n\t(i)\tan exclusive right to undertake activities of a kind described in paragraph (a)(i) or (ii); and\n\t(ii)\ta right to enter and use land within the licence area for the purposes of authorised operations.\n\t(2)\tThe licence area of a renewable energy feasibility licence—\n\t(a)\tmust comprise only designated land; and\n\t(b)\tmust be located wholly within a release area.\n\t(3)\tThe Minister must, before granting a renewable energy feasibility licence—\n\t(a)\tif any part of the proposed licence area comprises pastoral land—consult with the Minister to whom the administration of the Pastoral Land Management and Conservation Act 1989 is committed; and\n\t(b)\tif any part of the proposed licence area comprises South Australian waters—seek the concurrence of the Minister to whom the administration of the Harbors and Navigation Act 1993 is committed pursuant to section 15 of that Act.\n\t(4)\tThe following provisions apply in relation to an application for a renewable energy feasibility licence to the extent that the proposed licence area comprises native title land:\n\t(a)\tto the extent that the native title land is the subject of a native title declaration or is within the area of a claim that is registered in a native title register, the Minister must, before granting the licence, be satisfied that a native title agreement is in place that authorises the grant of the licence;\n\t(b)\tthe Minister must, before granting the licence, be satisfied of the matters specified in any guidelines issued by the Minister for the purposes of this paragraph.\n\t(5)\tThe prescribed information in relation to a renewable energy feasibility licence must be entered on the register.\n18—Term and renewal of licence\n\t(1)\tA renewable energy feasibility licence may be granted—\n\t(a)\tif any part of the proposed licence area comprises South Australian waters—for a term of up to 7 years; or\n\t(b)\tin any other case—for a term of up to 5 years,\nas may be determined by the Minister and specified in the licence.\n\t(2)\tThe holder of a renewable energy feasibility licence may, before the date of expiry of the licence (or at a time after the expiry of the licence as allowed by the Minister), apply to the Minister for the renewal of the licence—\n\t(a)\tfor a further term of up to 3 years as may be determined by the Minister and specified in the licence; or\n\t(b)\tpending a decision by the Minister on an application for the grant of a renewable energy infrastructure licence that has been made by the holder of the licence.\n\t(3)\tAn application for the renewal of a renewable energy feasibility licence—\n\t(4)\tThe Minister must, before renewing a renewable energy feasibility licence, be satisfied—\n\t(a)\tthat the applicant for the renewal has met the criteria prescribed by the regulations for the purposes of this paragraph; and\n\t(b)\tto the extent that the licence area comprises native title land that is the subject of a native title declaration or is within the area of a claim that is registered in a native title register—that a native title agreement is in place that authorises the renewal of the licence.\n\t(5)\tIf an application for the renewal of a renewable energy feasibility licence is not decided before the date on which the licence is due to expire, the licence continues in operation until the application is decided and, if the licence is renewed, the renewal dates from the date on which the licence would, but for this subsection, have expired.\n","sortOrder":7},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Renewable energy infrastructure licence","content":"Subdivision 3—Renewable energy infrastructure licence\n19—Renewable energy infrastructure licence\n\t(1)\tA renewable energy infrastructure licence, subject to the conditions of the licence—\n\t(a)\tauthorises the licensee to—\n\t(i)\tgenerate or obtain energy from a renewable energy resource specified in the licence; and\n\t(ii)\tconstruct, install, operate, maintain or decommission renewable energy infrastructure; and\n\t(iii)\tstore, transmit or otherwise convey energy obtained from a renewable energy resource; and\n\t(iv)\tundertake other regulated activities of a prescribed kind as specified in the licence; and\n\t(b)\tto the extent that the licence area comprises designated land—confers on the licensee—\n\t(i)\tan exclusive right to undertake activities of a kind described in paragraph (a)(i); and\n\t(ii)\tan exclusive right to undertake activities of a kind described in paragraph (a)(ii) other than the construction, installation, operation, maintaining or decommissioning of renewable energy infrastructure that has the primary purpose of storing, transmitting or otherwise conveying a renewable energy resource; and\n\t(iii)\ta right to enter and use designated land within the licence area for the purposes of authorised operations.\n\t(2)\tThe Minister must not grant a renewable energy infrastructure licence over an area of designated land unless—\n\t(a)\tthe applicant for the licence holds, or has held, a renewable energy feasibility licence in respect of that area; and\n\t(b)\tthe licence area to which the application relates is the whole or a part of an area over which the renewable energy feasibility licence is or was held.\n\t(3)\tThe Minister must, before granting a renewable energy infrastructure licence, to the extent that the proposed licence area comprises land that is not designated land, be satisfied that the applicant for the licence has, or will acquire, a right or interest in respect of land comprising that part of the proposed licence area sufficient to undertake the proposed operations.\n\t(4)\tThe Minister must, before granting a renewable energy infrastructure licence—\n\t(a)\tif any part of the proposed licence area comprises pastoral land—seek the concurrence of the Minister to whom the administration of the Pastoral Land Management and Conservation Act 1989 is committed; and\n\t(b)\tif any part of the proposed licence area comprises South Australian waters—seek the concurrence of the Minister administering the Harbors and Navigation Act 1993 pursuant to section 15 of that Act.\n\t(5)\tIf the Minister seeks the concurrence of a Minister under subsection (4)(a), and the Ministers cannot agree on whether or not a licence should be granted, the Ministers must take steps to refer the matter to the Governor and the Governor will determine the matter (and any decision taken by the Governor will be taken to be a decision of the Minister under this Act).\n\t(6)\tThe following provisions apply in relation to an application for a renewable energy infrastructure licence to the extent that the proposed licence area comprises native title land:\n\t(a)\tto the extent that the native title land is the subject of a native title declaration or is within the area of a claim that is registered in a native title register, the Minister must, before granting the licence, be satisfied that a native title agreement is in place that authorises the grant of the licence;\nIf there is an indigenous land use agreement registered under the Native Title Act 1993 of the Commonwealth authorising the grant of a right or interest in respect of land sufficient to undertake the proposed operations, that agreement may also authorise the grant of the licence.\n\t(b)\tthe Minister must, before granting the licence, be satisfied of the matters specified in any guidelines issued by the Minister for the purposes of this paragraph.\n\t(7)\tThe prescribed information in relation to a renewable energy infrastructure licence must be entered on the register.\n20—Term and renewal of licence\n\t(1)\tThe term of a renewable energy infrastructure licence is 50 years, or such longer or shorter term determined by the Minister and specified in the licence.\n\t(2)\tThe holder of a renewable energy infrastructure licence may, before the date of expiry of the licence (or at a time after the expiry of the licence as allowed by the Minister), apply to the Minister for the renewal of the licence for a further term as may be determined by the Minister and specified in the licence.\n\t(3)\tAn application for the renewal of a renewable energy infrastructure licence—\n\t(4)\tThe Minister must, before renewing a renewable energy infrastructure licence, be satisfied—\n\t(a)\tthat the applicant for the renewal has met the criteria prescribed by the regulations for the purposes of this paragraph; and\n\t(b)\tif any part of the licence area comprises land that is not designated land—that the applicant for the renewal has, or will acquire, a right or interest in respect of land comprising that part of the licence area sufficient to undertake authorised operations; and\n\t(i)\tif any part of the licence area comprises designated land; and\n\t(ii)\tto the extent that the designated land comprises native title land that is the subject of a native title declaration or is within the area of a claim that is registered in a native title register,\n\t(5)\tIf an application for the renewal of a renewable energy infrastructure licence is not decided before the date on which the licence is due to expire, the licence continues in operation until the application is decided and, if the licence is renewed, the renewal dates from the date on which the licence would, but for this subsection, have expired.\n\t(6)\tIf the Minister decides to grant a renewal, the renewable energy infrastructure licence will be renewed for a term determined by the Minister and specified in the licence.\n","sortOrder":8},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Renewable energy research licence","content":"Subdivision 4—Renewable energy research licence\n21—Renewable energy research licence\n\t(1)\tA renewable energy research licence, subject to the conditions of the licence—\n\t(a)\tauthorises the licensee—\n\t(i)\tto explore a renewable energy resource within the licence area and assess the feasibility of exploiting a renewable energy resource; and\n\t(ii)\tto exploit a renewable energy resource for the purpose of researching the capabilities of a technology, system or process for generating renewable energy; and\n\t(iii)\tto construct, install, operate, maintain and decommission renewable energy infrastructure for the purposes of undertaking activities of the kind described in a preceding subparagraph; and\n\t(b)\tconfers a right to enter and use designated land within the licence area for the purposes of authorised operations.\n\t(2)\tThe Minister must, before granting a renewable energy research licence—\n\t(a)\tif any part of a proposed licence area comprises pastoral land—seek the concurrence of the Minister to whom the administration of the Pastoral Land Management and Conservation Act 1989 is committed; and\n\t(b)\tif any part of a proposed licence area comprises South Australian waters—seek the concurrence of the Minister administering the Harbors and Navigation Act 1993 pursuant to section 15 of that Act.\n\t(3)\tIf the Minister seeks the concurrence of a Minister under subsection (2)(a), and the Ministers cannot agree on whether or not a licence should be granted, the Ministers must take steps to refer the matter to the Governor and the Governor will determine the matter (and any decision taken by the Governor will be taken to be a decision of the Minister under this Act).\n\t(4)\tThe Minister must, before granting a renewable energy research licence, if any part of the proposed licence area comprises land that is not designated land, be satisfied that the applicant for the licence has, or will acquire, a right or interest in respect of land comprising the proposed licence area sufficient to undertake the proposed operations.\n\t(5)\tThe following provisions apply in relation to an application for a renewable energy research licence to the extent that the proposed licence area comprises native title land:\n\t(a)\tto the extent that the native title land is the subject of a native title declaration or is within the area of a claim that is registered in a native title register, the Minister must, before granting the licence, be satisfied that a native title agreement is in place that authorises the grant of the licence;\nIf there is an indigenous land use agreement registered under the Native Title Act 1993 of the Commonwealth authorising the grant of a right or interest in respect of land sufficient to undertake the proposed operations, that agreement may also authorise the grant of the licence.\n\t(b)\tthe Minister must, before granting the licence, be satisfied of the matters specified in any guidelines issued by the Minister for the purposes of this paragraph.\n\t(6)\tThe prescribed information in relation to a renewable energy research licence must be entered on the register.\n22—Term and renewal of licence\n\t(1)\tA renewable energy research licence may be granted for a term determined by the Minister and notified to the licensee.\n\t(2)\tThe holder of a renewable energy research licence may, before the date of expiry of the licence (or at a time after the expiry of the licence as allowed by the Minister), apply to the Minister for the renewal of the licence for a further term as may be determined by the Minister and specified in the licence.\n\t(3)\tAn application for the renewal of a renewable energy research licence—\n\t(4)\tThe Minister must, before renewing a renewable energy research licence, be satisfied—\n\t(a)\tthat the applicant for the renewal has met the criteria prescribed by the regulations for the purposes of this paragraph; and\n\t(b)\tif any part of the licence area comprises land that is not designated land—that the applicant for the renewal has, or will acquire, a right or interest in respect of land comprising that part of the licence area sufficient to undertake authorised operations; and\n\t(i)\tif any part of the licence area comprises designated land; and\n\t(ii)\tto the extent that the designated land comprises native title land that is the subject of a native title declaration or is within the area of a claim that is registered in a native title register,\n\t(5)\tIf an application for the renewal of a renewable energy research licence is not decided before the date on which the licence is due to expire, the licence continues in operation until the application is decided and, if the licence is renewed, the renewal dates from the date on which the licence would, but for this subsection, have expired.\n\t(6)\tIf the Minister decides to grant a renewal, the renewable energy research licence will be renewed for a term determined by the Minister and specified in the licence.\n","sortOrder":9},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Associated infrastructure licence","content":"Subdivision 5—Associated infrastructure licence\n23—Associated infrastructure licence\n\t(1)\tAn associated infrastructure licence, subject to subsection (2) and the conditions of the licence—\n\t(a)\tauthorises the licensee—\n\t(i)\tto undertake an associated infrastructure activity specified in the licence within the licence area; and\n\t(ii)\tto store, transmit or otherwise convey, within the licence area, energy obtained from a renewable energy resource; and\n\t(iii)\tto undertake an activity within the licence area that is necessary or incidental to undertaking a regulated activity undertaken under another licence; and\nExample—\nNecessary or incidental activities may include the construction of access roads, camps or the construction and operation of water pipelines or water treatment facilities.\n\t(b)\tmay confer a right to enter and use designated land for the purposes of undertaking authorised operations in respect of land within the licence area.\nA licence may confer a right to enter and use designated land under paragraph (b) if the licensee does not have a right or interest in respect of land comprising the licence area sufficient to undertake authorised operations.\n\t(2)\tA regulated activity of a kind specified by the regulations for the purposes of this subsection may not be authorised under an associated infrastructure licence.\n\t(3)\tThe Minister must, before granting an associated infrastructure licence that confers a right to enter and use designated land for the purposes of undertaking authorised operations—\n\t(a)\tif any part of the proposed licence area comprises pastoral land—seek the concurrence of the Minister to whom the administration of the Pastoral Land Management and Conservation Act 1989 is committed; and\n\t(b)\tif any part of the proposed licence area comprises South Australian waters—seek the concurrence of the Minister administering the Harbors and Navigation Act 1993 pursuant to section 15 of that Act.\n\t(4)\tIf the Minister seeks the concurrence of a Minister under subsection (3)(a), and the Ministers cannot agree on whether or not a licence should be granted, the Ministers must take steps to refer the matter to the Governor and the Governor will determine the matter (and any decision taken by the Governor will be taken to be a decision of the Minister under this Act).\n\t(5)\tThe Minister must, before granting an associated infrastructure licence that will not confer a right to enter and use designated land within the licence area for the purposes of undertaking authorised operations, be satisfied that the applicant for the licence has met the prescribed requirements in respect of land comprising the proposed licence area that will enable proposed operations to be undertaken under the proposed licence.\n\t(6)\tThe following provisions apply in relation to an application for an associated infrastructure licence to the extent that the proposed licence area comprises native title land:\n\t(a)\t—\n\t(i)\tif the proposed licence is to confer a right to enter and use designated land within the licence area for the purposes of undertaking authorised operations; and\n\t(ii)\tto the extent that the designated land is the subject of a native title declaration or is within the area of a claim that is registered in a native title register,\nthe Minister must, before granting the licence, be satisfied that a native title agreement is in place that authorises the grant of the licence;\n\t(b)\tthe Minister must, before granting the licence, be satisfied of the matters specified in any guidelines issued by the Minister for the purposes of this paragraph.\n\t(7)\tAn associated infrastructure licence may be granted to a person who does not hold another licence under this Act.\n\t(8)\tThe prescribed information in relation to an associated infrastructure licence must be entered on the register.\n24—Term and renewal of licence\n\t(1)\tAn associated infrastructure licence may be granted for a term determined by the Minister and notified to the licensee.\n\t(2)\tThe holder of an associated infrastructure licence may, before the date of expiry of the licence (or at a time after the expiry of the licence as allowed by the Minister), apply to the Minister for the renewal of the licence.\n\t(3)\tAn application for the renewal of an associated infrastructure licence—\n\t(4)\tThe Minister must, before renewing an associated infrastructure licence, be satisfied—\n\t(a)\tthat the applicant for the renewal has met the criteria prescribed by the regulations for the purposes of this paragraph; and\n\t(b)\tif the licence does not confer a right to enter and use designated land within any part of the licence area—that the applicant for the renewal has, or will acquire, a right or interest in respect of land comprising that part of the licence area sufficient to undertake authorised operations; and\n\t(i)\tif the licence confers a right to enter and use designated land within the licence area for the purposes of undertaking authorised operations; and\n\t(ii)\tto the extent that the designated land comprises native title land that is the subject of a native title declaration or is within the area of a claim that is registered in a native title register,\n\t(5)\tIf an application for the renewal of an associated infrastructure licence is not decided before the date on which the licence is due to expire, the licence continues in operation until the application is decided and, if the licence is renewed, the renewal dates from the date on which the licence would, but for this subsection, have expired.\n\t(6)\tIf the Minister decides to grant a renewal, the associated infrastructure licence will be renewed for a term determined by the Minister and specified in the licence.\n","sortOrder":10},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"Special enterprise licence","content":"Subdivision 6—Special enterprise licence\n25—Object\nThe object of this Subdivision is to facilitate the establishment, development or expansion of enterprises comprising 1 or more regulated activities that are of major significance to the economy of the State by allowing greater security and flexibility of tenure and access to land.\n26—Special enterprise\n\t(1)\tFor the purposes of this Subdivision, an enterprise comprising 1 or more regulated activities (whether existing or proposed) is a special enterprise if—\n\t(a)\tthe Minister and the person who conducts or proposes to establish the enterprise (the proponent) have entered into an agreement for the purposes of the grant of a special enterprise licence; and\n\t(b)\tthe Governor has ratified the agreement between the Minister and the proponent.\n\t(2)\tAn agreement under subsection (1)(a)—\n\t(a)\tmust be in a form determined by the Minister after consultation with the proponent; and\n\t(b)\thas effect when ratified by the Governor; and\n\t(c)\tmay be varied from time to time by further agreement between the parties after complying with any process or procedure prescribed by the regulations; and\n\t(d)\tmust be entered on the register.\n\t(3)\tA variation to an agreement under subsection (2)(c) has no force or effect unless or until it is ratified by the Governor and entered on the register (and, to avoid doubt, subsection (4) does not apply to the variation of an agreement).\n\t(4)\tThe Governor must, before ratifying an agreement under this section, be satisfied, after taking into account the advice of the Minister—\n\t(a)\tthat the establishment, development or expansion of the enterprise comprising a regulated activity are of major significance to the economy of the State; and\n\t(b)\tthat it is in the interests of the State to grant a special enterprise licence in respect of the enterprise.\n\t(5)\tIn considering whether to ratify an agreement under this section, the Governor may have regard to any other regulated activities that are, or are likely to be, associated with the enterprise.\n\t(6)\tThe Minister may, in the Minister's absolute discretion, defer consideration of an application for any other licence under this Act until the process under this Subdivision has been brought to an end.\n\t(7)\tThis Subdivision has effect subject to any guidelines issued by the Minister for the purposes of this Subdivision.\n27—Concept phase\n\t(1)\tThe first step that a proponent who is seeking an agreement with the Minister under this Subdivision must take is to consult with the Minister about the proposal.\n\t(2)\tConsultation with the Minister for the purposes of subsection (1) is to be initiated by an application made to the Minister that—\n\t(b)\tmust incorporate or be accompanied by such information as may be prescribed by the regulations; and\n\t(c)\tmust be accompanied by the prescribed fee.\n\t(3)\tOn receiving an application for consultation under this section, the Minister may, in the Minister's absolute discretion, consult or refuse to consult with the proponent in relation to the application.\n\t(4)\tIf the Minister decides to consult with the proponent in relation to an application received under this section the Minister may consult with relevant owners of land or any relevant registered native title claimant (and the Minister must, before bringing the consultation envisaged by subsection (1) to an end, have regard to any submissions received as a result of the Minister's consultation).\n\t(5)\tThe Minister must, before determining to consult with a proponent under subsection (3), be satisfied that the proponent has taken reasonable steps to obtain any permissions, authorisations, consents or other approvals from an owner of land or any registered native title claimant (including the grant of a right or interest in land sufficient to carry out the enterprise) as would be required for a grant of another licence or a permit under this Act in respect of the enterprise.\n\t(6)\tThe Minister may require the proponent—\n\t(a)\tto provide the Minister with additional information specified by the Minister (and that information must be provided within the period specified by the Minister); and\n\t(b)\tto undertake consultation—\n\t(i)\trequired by any guidelines issued by the Minister for the purposes of this Subdivision; or\n\t(ii)\tspecified by the Minister,\n(and that consultation must be undertaken within a period specified by the Minister); and\n\t(c)\tto take any other action specified by the Minister.\n\t(7)\tThe Minister may—\n\t(a)\tbring the consultation envisaged by subsection (1) to an end at any time as the Minister thinks fit; and\n\t(b)\tat the end of the consultation, advise the proponent—\n\t(i)\tthat the matter may proceed to an application to the Minister for a special enterprise licence; or\n\t(ii)\tthat the matter is not, in the opinion of the Minister, suitable for further consideration under this Subdivision.\n\t(8)\tIf subsection (7)(b)(i) applies, the proponent is entitled to proceed to make an agreement with the Minister (but otherwise the matter may not proceed further under this Subdivision).\n28—Special enterprise licence\n\t(1)\tA special enterprise licence, subject to the agreement entered into under section 26(1)(a)—\n\t(a)\tauthorises the licensee to undertake regulated activities of a kind specified in the licence; and\n\t(b)\tconfers a right to enter and use land in the licence area for the purposes of undertaking authorised operations.\n\t(2)\tThe Minister must, in considering an application for a special enterprise licence—\n\t(a)\tconsult with the owners of land or any registered native title claimant in the proposed licence area in relation to the application; and\n\t(b)\thave regard to the matters specified in the relevant provisions of any guidelines issued by the Minister for the purposes of this Subdivision.\n\t(3)\tThe Minister must not grant a licence under another provision of this Act to any other person in respect of land to which an application for a special enterprise licence relates until 28 days after the application is refused or withdrawn.\n\t(4)\tAn application for a special enterprise licence may be made in relation to a regulated activity that is subject to an existing licence (and, if the special enterprise licence is granted, the area of the existing licence will (unless the Minister determines otherwise in a particular case), on granting the licence, be subsumed into the special enterprise licence in accordance with section 30).\n\t(5)\tExcept as provided for in this Subdivision, and despite any other provision of this Act or any other Act or law, the Minister is not required to consult with, or obtain the agreement of, any other Minister, or require any other permission or authorisation under any other provision of this Act or any other Act or law, before granting a special enterprise licence.\n\t(6)\tThe Minister must give notice of the approval of an application under this section in accordance with any prescribed requirements.\n\t(7)\tA special enterprise licence will be granted for a term determined by the Minister.\n\t(8)\tThe Minister may—\n\t(a)\textend the term of a special enterprise licence from time to time; or\n\t(b)\tcancel a special enterprise licence if the Minister considers that the licence is no longer being used for the purposes for which the licence was granted.\n29—Power to exempt from or modify Act\n\t(1)\tSubject to this section, the Minister may, in accordance with the terms of an agreement under this Subdivision (as ratified by the Governor)—\n\t(a)\texempt a special enterprise licence from compliance with a provision of this Act; or\n\t(b)\tmodify the application of a requirement of this Act in relation to the enterprise.\n\t(2)\tAn exemption or modification cannot be granted or made under this section in respect of the application of the following provisions of this Act:\n\t(a)\tPart 4 Division 4;\n\t(b)\tsection 79;\n\t(c)\tany other provision prescribed by the regulations.\n\t(3)\tAn exemption or modification may be subject to conditions stipulated in the agreement.\n\t(4)\tThe Minister may vary or revoke an exemption or modification in accordance with, and subject to the terms of, the agreement.\n\t(5)\tThe Minister must cause notice of an exemption or modification, and of any subsequent variation or revocation of it, to be published in the Gazette.\n\t(6)\tA person who contravenes a condition of an exemption or modification under this section is guilty of an offence.\nMaximum penalty: $250 000.\n30—Existing licences\n\t(1)\tIf any land comprising the licence area of a special enterprise licence was, immediately before the granting of the licence, comprised in the licence area of another licence held under this Act in respect of the same regulated activity (the original licence)—\n\t(a)\tunless the Minister determines otherwise in a particular case—the original licence is, by force of this subsection, subsumed into the special enterprise licence; and\n\t(b)\tsubject to a determination of the Minister—\n\t(i)\tan interest (whether legal or equitable) in, or affecting, the original licence (being an interest in force immediately before the granting of the special enterprise licence) continues to have the same effect in respect of the original licence area as it had before the special enterprise licence was granted; and\n\t(ii)\ta liability of the holder of the original licence in existence immediately before the granting of the special enterprise licence is not affected by the granting of the special enterprise licence; and\n\t(iii)\tan approval, consent, licence or exemption granted under another Act or law with respect to undertaking operations under the original licence will be taken to have been granted with respect to undertaking the same operations under the special enterprise licence if the extent of the operations, and the area of land over which it is to be undertaken, are not to be substantially increased.\n\t(2)\tIf—\n\t(a)\tan original licence is to be subsumed into a special enterprise licence under this Subdivision; and\n\t(b)\tthe original licence is subject to a condition that has been included to protect the environment,\nthen the Minister must ensure that a comparable condition is included in the conditions applying to the special enterprise licence.\n","sortOrder":11},{"sectionNumber":"Div 3","sectionType":"division","heading":"Common provisions","content":"Division 3—Common provisions\nSubdivision 1—Application for licence\n31—Application for licence\n\t(1)\tAn application for a licence—\n\t(b)\tmust identify the area or areas in respect of which the licence is being sought in a manner determined by the Minister; and\n\t(c)\tmust be accompanied by a proposed work program; and\n\t(d)\tmust be accompanied by such other information as may be prescribed by the regulations; and\n\t(e)\tmust be accompanied by the prescribed fee.\n\t(2)\tThe Minister may require the applicant to provide the Minister with additional information specified by the Minister (and that information must be provided within the period specified by the Minister).\n32—Notice of certain applications\n\t(1)\tThis section applies to the application for a licence (other than a special enterprise licence), or for the renewal of a licence, under this Act.\n\t(2)\tThe Minister must, as soon as practicable after receiving an application to which this section applies, in such manner as the Minister thinks fit, give notice of the application—\n\t(a)\tto an owner of land in respect of land comprised in a proposed licence area; and\n\t(b)\tif the proposed licence area is within the area of a council—to the council.\n\t(3)\tIn addition, before the Minister makes a decision on an application to which this section applies, including as to the conditions (if any) that will apply or attach to the relevant licence, the Minister must publish, in such manner as the Minister thinks fit, a notice—\n\t(a)\tdescribing the area to which the application relates; and\n\t(b)\tspecifying a place where the application may be inspected.\n\t(4)\tAs soon as practicable after determining whether or not to grant or refuse an application to which this section applies, the Minister must cause notice of the determination to be published in accordance with the regulations.\n33—Applications relating to native title land\nIf an application for a licence, or for the renewal of a licence, relates to an area of land comprising native title land, the Minister must, before granting the application, be satisfied that the grant will be valid under the Native Title Act 1993 of the Commonwealth to the extent that it affects native title.\n34—Applications relating to areas within Murray‑Darling Basin\nIf an application for a licence, or for the renewal of a licence, relates to an area within the Murray‑Darling Basin, the Minister must, in considering the application, take into account the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act.\n35—Applications relating to areas within specially protected area\n\t(1)\tIf an application for a licence, or for the renewal of a licence, relates to an area within or adjacent to a specially protected area, the Minister must, before making a decision on the application, seek the concurrence of the relevant Minister.\n\t(2)\tIf the Minister seeks the concurrence of a Minister under subsection (1), and the Minister and the relevant Minister cannot agree—\n\t(a)\ton the decision to be made on the application; or\n\t(b)\ton any conditions that should be applied if the application is approved,\nthe Ministers must take steps to refer the matter to the Governor and the Governor will determine the matter (and any decision made by the Governor will be taken to be a decision of the Minister under this Act).\nSubdivision 2—Grant of licence\n36—Grant or refusal of licence application\n\t(1)\tThe Minister may, at any time and without consulting the applicant or taking any other step, refuse an application for a licence at any stage of its consideration under this Act if—\n\t(a)\tthe applicant fails to comply with a requirement under this Act that is relevant to the making or consideration of the application; or\n\t(b)\tthe Minister considers—\n\t(i)\tthat the applicant has not proceeded with reasonable diligence to obtain any other permission, authorisation, consent or other form of approval under another Act or law that is relevant in the circumstances; or\n\t(ii)\tthat there are other sufficient grounds for not assessing the application further after taking into account the public interest and such other matters as the Minister thinks fit.\n\t(2)\tThe Minister must give written notice to the applicant of the grant or the refusal (either in whole or in part) to grant the licence.\n\t(3)\tIf the Minister refuses (either in whole or in part) to grant an application for a licence, the Minister must provide reasons for the decision.\n\t(4)\tIf the Minister grants an application for a licence, the prescribed information in relation to the licence must be entered on the register.\nSubdivision 3—Compatible licences\n37—Compatible licences\n\t(1)\tFor the purposes of this section, a renewable energy licence (licence 1) will be taken to be overlapping another renewable energy licence (licence 2) if—\n\t(a)\tlicence 1 authorises operations in relation to a renewable energy resource other than that authorised under licence 2; and\n\t(b)\tthe licence areas of licence 1 and licence 2 wholly or partially overlap.\n\t(2)\tThe Minister must not grant 2 or more overlapping renewable energy licences unless the Minister determines that the overlapping licences are compatible.\n\t(3)\tThe regulations may provide for the matters in relation to which the Minister must be satisfied before determining whether or not overlapping licences are compatible.\nSubdivision 4—Conditions of licence\n38—Conditions of licence\n\t(1)\tSubject to this Act, the conditions on which a licence is granted or renewed will be determined by the Minister and notified to the licensee.\n\t(2)\tA licence must include conditions ensuring that a proper process is put in place, during the term of the licence, for the eventual decommissioning of the infrastructure operated under the licence and rehabilitation of land within the licence area.\n\t(3)\tA licence to which section 45 applies must include a condition requiring the payment of rent to the Minister in accordance with that section.\n\t(4)\tA renewable energy infrastructure licence must contain a condition that, subject to the provisions of any access agreement in relation to the licence, the licensee provide an owner of land within the licence area with information on an ongoing basis regarding—\n\t(a)\tthe proposed location and area of access roads and infrastructure associated with the renewable energy infrastructure operated under the licence; and\n\t(b)\tplanned authorised operations to be undertaken in the licence area (including construction of the infrastructure to be operated under the licence).\n\t(5)\tThe conditions of a licence may be imposed, varied or revoked at any time—\n\t(a)\ton written request of the licensee; or\n\t(b)\ton the Minister's own initiative.\n\t(6)\tBefore acting under subsection (5)(b), the Minister must take reasonable steps to consult with the holder of the relevant licence.\nSubdivision 5—Work program\n39—Work program\n\t(1)\tThe Minister must, before granting a licence, approve a work program in respect of authorised operations to be undertaken under the proposed licence.\n\t(2)\tThe Minister may approve a proposed work program with or without addition or variation.\n\t(3)\tThe Minister may approve deferment, variation or reduction of the work to be carried out under an approved work program.\n\t(4)\tHowever, Ministerial approval is not required for the acceleration of the work to be carried out under an approved work program.\n\t(5)\tIt is a condition of a licence that the licensee must conduct authorised operations under the licence in accordance with an approved work program.\nSubdivision 6—Access agreement\n40—Application of Subdivision\nThis Subdivision applies to—\n\t(a)\ta renewable energy licence to the extent that the licence area comprises designated land; and\n\t(b)\tan associated infrastructure licence that confers a right to enter and use designated land for the purposes of authorised operations in respect of land within the licence area.\n41—Access agreement\n\t(1)\tIt is a condition of a licence to which this Subdivision applies that the relevant licensee must, before undertaking authorised operations under the licence, enter into an agreement (an access agreement) with—\n\t(a)\tif the licence area comprises pastoral land—the holder of a pastoral lease in respect of the licence area; and\n\t(b)\ta prescribed owner of land (if any),\n(the parties to the access agreement).\n\t(2)\tAn access agreement must address the following matters in relation to operations to be undertaken under a licence to which this section applies:\n\t(a)\taccess to the licence area, or infrastructure in or in the vicinity of, the licence area, by the parties to the access agreement while authorised operations are being undertaken;\n\t(b)\tthe manner and form in which notice of commencement of authorised operations will be given by the licensee to the other parties to the agreement;\n\t(c)\tcompensation that is or may be payable by a licensee under section 79.\n\t(3)\tAn access agreement in respect of an area of land that comprises pastoral land may not provide for access to infrastructure associated with the licence if access to the infrastructure is not required for pastoral purposes within the meaning of the Pastoral Land Management and Conservation Act 1989.\n\t(4)\tAn access agreement may, at any time, on the initiation of a party to the access agreement, be varied with the agreement of all parties to the access agreement.\n\t(5)\tAn access agreement binds successors in title to the parties to the access agreement and all subsequent holders of a licence to which the access agreement relates.\n42—Negotiating access agreement\n\t(1)\tA licensee must initiate negotiating an access agreement by giving written notice (the initiation notice) to the other parties to the access agreement.\n\t(2)\tThe parties to a proposed access agreement must negotiate in good faith with a view to agreeing the provisions in the access agreement.\n\t(3)\tIf agreement between the negotiating parties is not reached within the prescribed period, the Minister may mediate between them to assist in obtaining their agreement.\n\t(4)\tIf—\n\t(a)\tthe Minister decides against mediating between the negotiating parties; or\n\t(b)\tan attempt at mediation is made but agreement is not obtained within the period prescribed by the regulations for the purposes of this paragraph,\na party to the negotiations may apply to the ERD Court for a determination.\n\t(5)\tThe ERD Court may refuse to determine an application under subsection (4) unless the licensee satisfies the Court that the licensee has made a reasonable attempt to reach agreement with the other parties to the proposed access agreement.\n\t(6)\tOn application under this section, the ERD Court may—\n\t(a)\tmake a determination in relation to any matter to be addressed in the proposed access agreement (and a determination of the Court is to be taken to be an access agreement entered into between the parties for the purposes of this Subdivision); and\n\t(b)\tmake a determination in relation to any variation of a provision of an access agreement (and a determination of the Court is to be taken to be a provision of an access agreement); and\n\t(c)\tif the Court is of the view that undertaking authorised operations on the licence area would be likely to result in substantial hardship to an owner of land who is a party to the negotiations or substantial damage to the land—determine the conditions on which authorised operations may be undertaken with least detriment to the interests of the owner or least damage to the land (as the case may be); and\n\t(d)\tmake other orders that the ERD Court considers to be appropriate in the circumstances.\n\t(7)\tIf an issue is decided by determination of the ERD Court under this section, the parties to the proceedings in which the determination was made cannot make an agreement that is inconsistent with the terms of the determination unless the ERD Court authorises the agreement.\n\t(8)\tA party to an access agreement who believes that the other party (the respondent) has contravened a provision of the agreement may apply to the ERD Court and the ERD Court may, if satisfied that the respondent is in default, make 1 or more of the following orders:\n\t(a)\tan order that the respondent take specified action to comply with the agreement or to rectify a situation caused by the respondent;\n\t(b)\tan order that the respondent pay compensation for loss or damage caused by a contravention of the agreement;\n\t(c)\tany other order that the ERD Court considers to be appropriate in the circumstances.\n\t(9)\tA licensee must, within 14 days of proceedings being initiated in the ERD Court by a party to an access agreement under subsection (3) or (8), notify the Minister of that fact.\n\t(10)\tIn this section—\nprescribed period means—\n\t(a)\tin the case of an access agreement being negotiated in respect of a renewable energy feasibility licence or a renewable energy research licence—42 days after the initiation notice is given by the licensee; or\n\t(b)\tin any other case—6 months after the day on which the initiation notice is given by the licensee.\n","sortOrder":12},{"sectionNumber":"Subdiv 7","sectionType":"subdivision","heading":"Bond and security","content":"Subdivision 7—Bond and security\n43—Bond and security\n\t(1)\tThe Minister may, by written notice to an applicant for a licence or a licensee, require them to enter into a bond in such sum and subject to such conditions as ensure, in the opinion of the Minister, that—\n\t(a)\tany civil or statutory liability likely to be incurred by that person in the course of undertaking authorised operations; and\n\t(b)\tthe present and future obligations of that person in relation to the rehabilitation of an area disturbed by undertaking authorised operations,\nwill be satisfied.\n\t(2)\tThe Minister may require such security for the satisfaction of the bond as the Minister thinks fit.\n\t(3)\tIf an applicant for a licence fails to comply with a requirement under this section, the Minister may refuse the application.\n\t(4)\tIf a licensee fails to comply with a requirement under this section, the Minister may—\n\t(a)\tif the requirement has not been complied with at the expiration of 1 month from the end of the time allowed for compliance—suspend the licence; and\n\t(b)\tif the requirement has not been complied with at the expiration of 3 months from the end of the time allowed for compliance—cancel the licence.\n\t(5)\tThe liability to pay an amount under this section constitutes a debt due to the Crown.\n\t(6)\tIf the Minister holds, or is entitled to hold, money under a bond entered into by a licensee, the Minister may, in the Minister's discretion, expend any portion of that money—\n\t(a)\tto compensate any person who has suffered, or is likely to suffer, financial loss as a result of operations undertaken by the licensee or in rehabilitating any area disturbed by such operations; or\n\t(b)\tto satisfy any liability to pay an amount that is due to the Crown under this Act; or\n\t(c)\tto satisfy a matter specified in subsection (1)(a) or (b).\n\t(7)\tThe Minister may, on application under this subsection, in the Minister's absolute discretion, agree to the assignment of a liability or obligation under this section to a third party on terms or conditions determined by the Minister.\n\t(8)\tNo action lies against the Minister in respect of the expenditure of money under this section.\n","sortOrder":13},{"sectionNumber":"Subdiv 8","sectionType":"subdivision","heading":"Notice of commencement of operations","content":"Subdivision 8—Notice of commencement of operations\n44—Licensee must give notice of commencement of authorised operations\nA licensee must, in accordance with the requirements of the regulations, notify the Minister in relation to the following:\n\t(a)\tthe commencement of authorised operations in the licence area;\n\t(b)\tthe completion of authorised operations in the licence area.\n","sortOrder":14},{"sectionNumber":"Subdiv 9","sectionType":"subdivision","heading":"Rent","content":"Subdivision 9—Rent\n45—Rent\n\t(1)\tThis section applies in relation to—\n\t(a)\ta renewable energy licence to the extent that the licence area comprises designated land; and\n\t(b)\ta special enterprise licence.\n\t(2)\tRent is payable to the Minister in respect of any part of the licence area of a licence to which this section applies—\n\t(a)\tof an amount determined in accordance with the regulations to be the annual rent for the licence; and\n\t(b)\tannually in arrears.\n\t(3)\tIf rent is payable under this section in respect of land that comprises pastoral land, the Minister must, at the prescribed times, pay a prescribed amount or prescribed percentage of that rent into the Pastoral Land Management Fund established under the Pastoral Land Management and Conservation Act 1989.\n\t(4)\tWithout limiting subsection (2) or (3), regulations made for the purposes of this section may provide for rent payable under this section to be reduced, waived or deferred.\n\t(5)\tThe liability to pay an amount under this section constitutes a debt due to the Crown.\n","sortOrder":15},{"sectionNumber":"Subdiv 10","sectionType":"subdivision","heading":"Reporting requirements","content":"Subdivision 10—Reporting requirements\n46—Licensee to provide reports, information or material\n\t(1)\tIt is a condition of a licence that the licensee must—\n\t(a)\tat the prescribed times; and\n\t(b)\tat any other time on the written request of the Minister,\nprovide a report, information or material that is relevant to authorised operations in accordance with the requirements prescribed by the regulations.\n\t(2)\tA licensee must keep all reports, information or material required to be provided under this section—\n\t(a)\tin a form prescribed by the regulations or approved by the Minister; and\n\t(b)\tin a place that complies with the requirements prescribed by the regulations or approved by the Minister; and\n\t(c)\tfor a period prescribed by the regulations or approved by the Minister.\n\t(3)\tIf a report, information or material is provided under this section, the Minister may retain, use or release the report, information or material in accordance with the requirements prescribed by the regulations.\n\t(4)\tIt is a condition of a licence that the licensee must, on the written request of the Minister, provide a report verifying information or material provided to the Minister under this section.\n\t(5)\tA report under subsection (1) or (4), and any information or material required to be provided under this section must, if the Minister so requires, be verified by an independent person with qualifications, and in a manner, specified by the Minister.\n\t(6)\tAny cost associated with a requirement under this section will be borne by the licensee.\n\t(7)\tIf a requirement under this section is not complied with, the Minister may take action to obtain the relevant information or material, or to obtain the verification, so required.\n\t(8)\tThe reasonable costs and expenses incurred by the Minister taking action under subsection (7) constitute a debt due to the Crown.\n47—Licensee must report certain incidents\n\t(1)\tA licensee must report an immediately reportable incident to the Minister as follows:\n\t(a)\tan initial report must be provided to the Minister, in a manner and form prescribed by the regulations, within 24 hours after the licensee becomes aware of the occurrence of the incident;\n\t(b)\ta comprehensive report must be provided to the Minister, in a manner and form prescribed by the regulations—\n\t(i)\tunless subparagraph (ii) applies—within 3 months after the licensee becomes aware of the occurrence of the incident; or\n\t(ii)\twithin a period specified by the Minister and notified to the licensee in a particular case.\n\t(2)\tA licensee must, in a manner and form, and within the period prescribed by the regulations, report a reportable incident to the Minister.\n\t(3)\tIn this section—\nimmediately reportable incident means—\n\t(a)\tan incident arising from activities conducted under a licence specified in the relevant statement of environmental objectives to be an immediately reportable incident; or\n\t(b)\tany other matter brought within the ambit of this definition by the regulations;\nreportable incident means—\n\t(a)\tan incident (not being an immediately reportable incident) arising from activities conducted under a licence and specified in the statement of environmental objectives to be a reportable incident; or\n\t(b)\tany other matter brought within the ambit of this definition by the regulations.\n","sortOrder":16},{"sectionNumber":"Subdiv 11","sectionType":"subdivision","heading":"Public liability insurance","content":"Subdivision 11—Public liability insurance\n48—Public liability insurance\n\t(1)\tA licensee must, before commencing authorised operations and for the duration of the term of the licence, maintain a policy of public liability insurance indemnifying the licensee, in an amount that is reasonable taking into account the kind of licence, the nature and extent of the operations undertaken under the licence, and relevant industry standards, in relation to any action arising out of the operations undertaken under the licence and complying with the other requirements (if any) determined by the Minister.\nMaximum penalty: $20 000.\n\t(2)\tThe licensee must provide to the Minister a certificate evidencing the insurance coverage required by subsection (1), and any endorsements or waivers relating to insurance coverage, in accordance with the requirements of this section.\n\t(3)\tA certificate under subsection (2) must be provided to the Minister before authorised operations commence under the relevant licence and then a current certificate must be provided to the Minister—\n\t(a)\tunless paragraph (b) applies—by each anniversary of the day on which the relevant licence was granted; or\n\t(b)\tif the Minister so determines—on another date in each year, or according to a particular frequency, determined by the Minister.\n\t(4)\tThe licensee must, in accordance with this section, notify the Minister—\n\t(a)\tif any insurance obtained for the purposes of this section lapses without having been renewed; or\n\t(b)\tif there is a change in an insurance policy obtained for the purposes of this section, including a change in the level of cover.\n\t(5)\tA notification under subsection (4)—\n\t(a)\tmust be provided to the Minister within 14 days after the relevant event under that subsection; and\n\t(b)\tmust be provided in a manner and form determined by the Minister; and\n\t(c)\tmust contain the information determined by the Minister, and be accompanied by such information as the Minister may determine.\n\t(6)\tA licensee must, at the request of the Minister, provide to the Minister a copy of the policy of insurance relating to the requirements that apply under this section within a period specified by the Minister.\n","sortOrder":17},{"sectionNumber":"Subdiv 12","sectionType":"subdivision","heading":"Alteration of licence area","content":"Subdivision 12—Alteration of licence area\n49—Alteration of size of licence area\n\t(1)\tSubject to subsection (2), the Minister may—\n\t(a)\ton application by a licensee; or\n\t(b)\tat any time with the consent of the licensee,\napprove an increase or decrease in the size of a licence area.\n\t(2)\tThe Minister must not approve—\n\t(a)\tan increase in the size of the licence area of a renewable energy feasibility licence; or\n\t(b)\tan increase in the size of the licence area of a renewable energy infrastructure licence comprising designated land.\n\t(3)\tThe Minister must, before approving an increase of the size of a licence area under this section, be satisfied—\n\t(a)\tif the proposed licence area consists of land other than designated land—that the relevant licensee has, or will acquire, a right or interest in respect of land comprising the proposed licence area; and\n\t(b)\tif—\n\t(i)\tthe licence confers a right to enter and use designated land within the licence area for the purposes of authorised operations; and\n\t(ii)\tto the extent that the proposed licence area comprises native title land the subject of a native title declaration or that is within the area of a claim that is registered in a native title register,\nthat a native title agreement is in place that authorises the approval of the application; and\n\t(c)\tof the matters specified in any guidelines issued by the Minister for the purposes of this paragraph.\n","sortOrder":18},{"sectionNumber":"Subdiv 13","sectionType":"subdivision","heading":"Dealing with licence","content":"Subdivision 13—Dealing with licence\n50—Dealing with licence\n\t(1)\tSubject to this section and the conditions of the licence, a licence must not be transferred, assigned, held subject to a trust or otherwise dealt with, whether directly or indirectly, without the consent of the Minister.\n\t(2)\tThe Minister must, before consenting to a matter referred to in subsection (1), comply with the requirements (if any) prescribed by the regulations.\n\t(3)\tIf a licensee transfers or assigns a licence—\n\t(a)\tall accrued and accruing liabilities to the Crown pass to the transferee or assignee; and\n\t(b)\tany such liabilities that had accrued before the date of the transfer or assignment may be enforced against the transferor or assignor (who will be regarded as jointly and severally liable with the transferee or assignee).\n","sortOrder":19},{"sectionNumber":"Subdiv 14","sectionType":"subdivision","heading":"Change in control","content":"Subdivision 14—Change in control\n51—Interpretation\n\t(1)\tIn this Subdivision—\n\t(a)\ta person acts jointly with another person if the person acts or is accustomed to acting, in agreement with, or in accordance with the wishes of, the other person; and\n\t(b)\tthe approval period for a change in control of the holder of a licence is the period—\n\t(i)\tcommencing on the day on which notice of approval of an application for the change in control is given; and\n\t(ii)\tending—\n\t(A)\timmediately after the change in control takes effect; or\n\t(B)\tif the approval of a change in control is revoked—on the day on which notice of the revocation of the change in control is given; or\n\t(C)\t9 months after the day on which notice of approval of the change in control is given,\nwhichever is the earlier; and\n\t(c)\tthere is a change in control of the holder of a licence if—\n\t(i)\t1 or more persons (the original controllers) control the holder of the licence at a particular time; and\n\t(ii)\teither—\n\t(A)\t1 or more other persons begin to control the holder of the licence (whether alone or together with 1 or more other persons with whom the person or persons act jointly with) after that time; or\n\t(B)\tan original controller (whether alone or together with 1 or more other persons with whom the person acts jointly with) ceases to control the holder of the licence after that time; and\n\t(d)\ta person controls the holder of a licence if the person (whether alone or together with 1 or more other persons the person acts jointly with)—\n\t(i)\tholds the power to exercise, or control the exercise of, 20% (or such other percentage as may be prescribed by the regulations for the purposes of this subparagraph) or more of the voting rights in the holder of the licence; or\n\t(ii)\tholds, or holds an interest in, 20% (or such other percentage as may be prescribed by the regulations for the purposes of this subparagraph) or more of the issued securities in the holder of the licence.\n\t(2)\tIt is the intention of the Parliament that this Subdivision apply within the State and outside the State to the full extent of the extraterritorial legislative capacity of the Parliament.\n52—Approval of change in control of holder of licence\n\t(1)\tAn application for approval for a change in control of the holder of a licence must—\n\t(a)\tbe made in a manner and form determined by the Minister; and\n\t(b)\tbe accompanied by the prescribed fee; and\n\t(c)\tbe accompanied by such information as the Minister may require (which must be provided within a period determined by the Minister and notified to the applicant).\n\t(2)\tIn considering an application for approval for a change in control under this section, the Minister must have regard to—\n\t(a)\twhether the technical capability and financial resources available to the holder of the licence after the change in control takes effect are sufficient to—\n\t(i)\tundertake the authorised operations and works under the licence; and\n\t(ii)\tdischarge the obligations that are imposed under this Act in relation to the licence; and\n\t(b)\tany other matters prescribed by the regulations,\nand may have regard to any other matters the Minister thinks relevant.\n\t(3)\tThe Minister may, by written notice to an applicant under this section—\n\t(a)\tapprove the application; or\n\t(b)\trefuse the application.\n\t(4)\tThe Minister may, during the approval period for a change in control of the holder of a licence, by written notice to an applicant under this section, revoke the approval.\n53—Offences\n\t(1)\tIf—\n\t(a)\tthere is a change in control of the holder of a licence; and\n\t(b)\t—\n\t(i)\tthe Minister has not approved the change in control under this Subdivision; or\n\t(ii)\tthe Minister has given an approval under this Subdivision but the change in control took effect after the end of the approval period for the change in control,\nthe person who begins to control, or ceases to control, the holder of the licence is guilty of an offence.\n\t(2)\tA person does not commit an offence against subsection (1) if the person did not know, and could not reasonably be expected to have known, that the change in control had taken effect.\n\t(3)\tIf—\n\t(a)\tthere is a change in control of the holder of a licence; and\n\t(b)\t—\n\t(i)\tthe Minister has not approved the change in control under this Subdivision; or\n\t(ii)\tthe Minister has given an approval under this Subdivision but the change in control took effect after the end of the approval period for the change in control; and\n\t(c)\tthe holder of the licence knows, or ought reasonably to know, that the change in control had taken effect; and\n\t(d)\tthe holder of the licence does not notify the Minister of the change in control within 30 days of the change taking effect,\nthe holder of the licence is guilty of an offence.\n\t(4)\tIf a person commits an offence against subsection (1), the Minister may, by written notice to the holder of the licence to which the change in control took effect, cancel the licence.\n","sortOrder":20},{"sectionNumber":"Subdiv 15","sectionType":"subdivision","heading":"Suspension, cancellation and surrender of licence","content":"Subdivision 15—Suspension, cancellation and surrender of licence\n54—Minister may suspend or cancel licence\n\t(1)\tThe Minister may, after complying with the requirements of this section, by notice to the licensee, suspend or cancel a licence.\n\t(2)\tThe Minister may suspend or cancel a licence—\n\t(a)\tif the Minister is satisfied that a provision of this Act or a condition of the licence has been contravened; or\n\t(b)\tif the Minister is not satisfied (on the basis of evidence provided by the licensee)—\n\t(i)\tthat the licensee has met the requirements of a work program; or\n\t(ii)\tthat the licensee has achieved a prescribed criterion that applies to that licence within the prescribed time; or\n\t(c)\tif the licensee requests the cancellation or suspension; or\n\t(d)\tin prescribed circumstances.\n\t(3)\tThe Minister may suspend all or some of the operations under a licence—\n\t(a)\tpending compliance with an obligation or requirement under this Act by the licensee; or\n\t(b)\tuntil the licensee takes some other step specified by the Minister; or\n\t(c)\ton account of any other matter that, in the opinion of the Minister, warrants suspension of rights under the licence; or\n\t(d)\tin prescribed circumstances.\n\t(4)\tThe Minister cannot cancel a licence under subsection (2)(a) unless satisfied—\n\t(a)\tthat the licensee has been allowed a reasonable opportunity to make good the contravention but has failed to do so; or\n\t(b)\tthat cancellation is necessary in order to prevent, arrest or minimise damage to or deterioration of a licence area or an area associated with the undertaking of authorised operations.\n\t(5)\tBefore the Minister suspends or cancels a licence under subsection (2)(a) or (b) or suspends operations under a licence under subsection (3), the Minister must—\n\t(a)\tnotify the licensee of the proposed suspension or cancellation (including the reasons for the Minister's decision); and\n\t(b)\tprovide the licensee with an opportunity to make written submissions in relation to the proposed suspension or cancellation within a period specified by the Minister in the notice; and\n\t(c)\tcomply with the requirements (if any) prescribed by the regulations.\n\t(6)\tThe prescribed information in relation to the cancellation or suspension of a licence under this section must be entered on the register.\n55—Surrender of licence\n\t(1)\tThe holder of a licence may apply to the Minister for an approval to surrender—\n\t(a)\tthe licence; or\n\t(b)\ta part of the area of the licence.\n\t(2)\tAn application under this section must—\n\t(a)\tbe made in a manner and form determined by the Minister; and\n\t(b)\tbe accompanied by such information as may be prescribed by the regulations.\n\t(3)\tThe Minister must, before accepting the surrender of a licence or a part of the area of a licence, have regard to the matters prescribed by regulation for the purposes of this subsection.\n\t(4)\tThe Minister may, by notice to the applicant—\n\t(a)\tapprove the surrender unconditionally; or\n\t(b)\tapprove the surrender on 1 or more of the following conditions:\n\t(i)\tin the case of the surrender of a licence—that the applicant provide information to the Minister before surrendering the licence that was required to be provided under this Act;\n\t(ii)\tthat the applicant rehabilitate land affected by authorised operations;\n\t(iii)\tany other conditions specified in the notice by the Minister.\n\t(5)\tThe prescribed information in relation to the surrender of a licence under this section must be entered on the register.\n","sortOrder":21},{"sectionNumber":"Subdiv 16","sectionType":"subdivision","heading":"Miscellaneous","content":"Subdivision 16—Miscellaneous\n56—Licence is not personal property for the purposes of Commonwealth Act\nA right, entitlement or authority granted by or under this Act is not personal property for the purposes of the Personal Property Securities Act 2009 of the Commonwealth.\n57—Exemption from stamp duty\nThe grant or renewal of a licence is exempt from stamp duty.\n","sortOrder":22},{"sectionNumber":"Div 4","sectionType":"division","heading":"Environmental impact","content":"Division 4—Environmental impact\nSubdivision 1—Preliminary\n58—Objects\nThe objects of this Division are as follows:\n\t(a)\tensuring that authorised operations that have or may have adverse effects on the environment are managed so as to reduce environmental damage as far as reasonably practicable;\n\t(b)\teliminating, as far as reasonably practicable, the risk of significant long term environmental damage as a result of undertaking authorised operations;\n\t(c)\tensuring that land adversely affected by authorised operations is properly rehabilitated.\n59—Interpretation\nIn this Division—\nauthorised operations includes activities undertaken under a renewable energy feasibility permit;\nlicence includes a renewable energy feasibility permit;\nlicensee includes—\n\t(a)\tan applicant for a licence; and\n\t(b)\tan applicant for a renewable energy feasibility permit; and\n\t(c)\tthe holder of a renewable energy feasibility permit.\n60—Environmental impact assessment criteria\n\t(1)\tThe Minister must, by notice in the Gazette, determine criteria (the environmental impact assessment criteria) against which the environmental impact of authorised operations is to be assessed for the purposes of this Division.\n\t(2)\tThe Minister may, in accordance with any requirements prescribed by the regulations, undertake a review of the environmental impact assessment criteria.\n\t(3)\tThe Minister must—\n\t(a)\tbefore determining the environmental impact assessment criteria; or\n\t(b)\tin undertaking a review of the environmental impact assessment criteria,\nundertake consultation with persons or agencies prescribed by the regulations in a manner prescribed by the regulations.\nSubdivision 2—Environmental impact report\n61—Environmental impact report\n\t(1)\tA report (an environmental impact report) in respect of proposed authorised operations must be prepared for the purpose of the approval of a statement of environmental objectives under section 62.\n\t(2)\tAn environmental impact report must—\n\t(a)\ttake into account the environment, cultural and other values as those matters are relevant to the assessment; and\n\t(b)\ttake into account risks inherent in the authorised operations to the health and safety of the public; and\n\t(c)\tcontain sufficient information to make possible an informed assessment of the likely impact of the authorised operations on the environment; and\n\t(d)\tinclude an assessment of the environmental impact of authorised operations to which the report applies against the environmental impact assessment criteria; and\n\t(e)\tbe prepared in accordance with the requirements of the regulations.\n\t(3)\tAn assessment under subsection (2)(d) must be made in a manner, and comply with any requirements, determined by the Minister or prescribed by the regulations.\n\t(4)\tConsultation on the proposed environmental impact report must be undertaken in accordance with the requirements prescribed by the regulations.\n\t(5)\tAn environmental impact report—\n\t(a)\tmay relate to regulated activities generally or a particular class of regulated activities; and\n\t(b)\tmay be applicable to the whole of the State or be limited to a particular part of the State.\nSubdivision 3—Statement of environmental objectives\n62—Statement of environmental objectives\n\t(1)\tThe Minister must not grant a licence unless an approved statement of environmental objectives in respect of proposed authorised operations is in force.\n\t(2)\tA statement of environmental objectives must—\n\t(a)\taddress the matters contained in the environmental impact report; and\n\t(b)\tset out the following:\n\t(i)\tenvironmental objectives that must be achieved in undertaking authorised operations to which the statement will apply;\n\t(ii)\tleading performance criteria;\n\t(iii)\timmediately reportable incidents and reportable incidents (both within the meaning of section 47); and\n\t(c)\tinclude, as an objective, the rehabilitation of land adversely affected by authorised operations; and\n\t(d)\tcontain any other information prescribed by the regulations.\n\t(3)\tThe Minister may, on application by a licensee or a group of licensees, determine that a statement of environmental objectives may relate to a group of licences within a particular area and, in such a case—\n\t(a)\tthe licensees within the ambit of the determination may prepare and submit for approval a combined statement of environmental objectives for the purposes of this Subdivision; and\n\t(b)\tthis Subdivision will apply to the licensees with such modifications as may be necessary for the purpose.\n\t(4)\tThe regulations may set out or adopt a statement of environmental objectives that may apply in relation to authorised operations of a prescribed class.\n\t(5)\tIf—\n\t(a)\ta statement of environmental objectives is in place under subsection (4); and\n\t(b)\tproposed authorised operations fall within the ambit of that statement,\nthe licensee may, subject to complying with any requirement prescribed by the regulations for the purposes of this subsection, rely on the statement of environmental objectives prescribed by the regulations (and in that case the licensee is not required to submit a statement for approval in accordance with this Subdivision).\n\t(6)\tA statement of environmental objectives—\n\t(a)\tmay be generally applicable throughout the State; or\n\t(b)\tmay be limited to a specific part of the State.\n\t(7)\tIt is a condition of a licence that the licensee must comply with a statement of environmental objectives in force in relation to the licence.\n\t(8)\tA licensee must not undertake authorised operations unless an approved statement of environmental objectives is in force in relation to the licence.\n63—Approval of statement of environmental objectives\n\t(1)\tAn application for approval of a statement of environmental objectives must be made in a manner and form, and contain the particulars, determined by the Minister or prescribed by the regulations.\n\t(2)\tThe Minister may require an applicant for approval under this section to provide the Minister with any additional information specified by the Minister (and that information must be provided within the period specified by the Minister).\n\t(3)\tAn applicant for approval under this section must undertake consultation on the proposed statement of environmental objectives in accordance with the requirements prescribed by the regulations.\n\t(4)\tThe Minister may, on the receipt of an application for approval of a proposed statement of environmental objectives—\n\t(a)\tapprove the statement without amendment; or\n\t(b)\tafter consultation with the relevant licensee—require amendments to the proposed statement or the environmental impact report on which the statement is based in order to ensure that it complies with the requirements of this Division and to ensure consistency with the other provisions of this Act; or\n\t(c)\treject the proposed statement on the basis that it does not comply with the requirements of section 62(2) or any other relevant provision of this Act.\n\t(5)\tIf a proposed statement of environmental objectives is required to be amended under subsection (4)(b), but not substantially, the Minister may approve it in its amended form but, if it is substantially amended, the Minister must undertake consultation in accordance with Subdivision 6 until it is approved without further substantial amendment.\n64—Review of statement of environmental objectives\n\t(1)\tA statement of environmental objectives must be reviewed—\n\t(a)\tif the Minister directs that the statement of environmental objectives be reviewed; or\n\t(b)\tif a review is required at a time, or in circumstances, prescribed by the regulations.\n\t(2)\tA review must be conducted—\n\t(a)\tin accordance with any requirements prescribed by the regulations; and\n\t(b)\ttaking into account the requirements of section 62(2) so as to provide consistency with those requirements; and\n\t(c)\twithin a period prescribed by the regulations.\n\t(3)\tA statement of environmental objectives that is revised as a result of a review undertaken under this section (a revised statement of environmental objectives) must be provided to the Minister for approval in accordance with any requirements prescribed by the regulations.\n\t(4)\tThe Minister may, on the receipt of a revised statement of environmental objectives—\n\t(a)\tapprove the revised statement without amendment; or\n\t(b)\tafter consultation with the relevant licensee—require amendments to the revised statement in order to ensure that it complies with the requirements of section 62(2) and to ensure consistency with the other provisions of this Act; or\n\t(c)\treject the revised statement on the basis that it does not comply with the requirements of section 62(2) or any other relevant provision of this Act.\n\t(5)\tIf a revised statement of environmental objectives submitted to the Minister under this section is required to be amended under subsection (4)(b), but not substantially, the Minister may approve it in its amended form but, if it is substantially amended, the Minister must undertake consultation in accordance with Subdivision 6 until it is approved without further substantial amendment.\n\t(6)\tA licensee must not fail to comply with a requirement under this section.\n65—Notice of approval\n\t(1)\tOn approving a statement (or revised statement) of environmental objectives, the Minister must give notice of the approval in the Gazette.\n\t(2)\tThe statement of environmental objectives comes into force when notice of its approval is published in the Gazette or on a later date specified in the notice of approval.\nSubdivision 4—Operational management plan\n66—Operational management plan\n\t(1)\tA licensee must not commence authorised operations unless a plan that complies with the requirements of this Subdivision and approved by the Minister (an operational management plan) is in force in relation to the licence.\n\t(2)\tAn operational management plan must—\n\t(a)\tspecify the authorised operations proposed to be undertaken; and\n\t(b)\tspecify the statement of environmental objectives to which the plan applies; and\n\t(c)\tspecify how proposed authorised operations will be managed, including details of the management systems and controls that will ensure compliance with the relevant statement of environmental objectives; and\n\t(d)\tcontain any other information and comply with any other requirements as prescribed by the regulations.\n\t(3)\tThe regulations may set out or adopt an operational management plan that may apply—\n\t(a)\tto a group of licences within a particular area; or\n\t(b)\tin relation to operations of a prescribed class.\n\t(4)\tThe regulations may provide for the manner in which compliance with an operational management plan is to be monitored and enforced.\n67—Approval of operational management plan\n\t(1)\tAn application for approval of an operational management plan must be made in a manner and form, and contain the particulars, determined by the Minister or prescribed by the regulations.\n\t(2)\tThe Minister may require an applicant for approval under this section to provide the Minister with any additional information specified by the Minister (and that information must be provided within the period specified by the Minister).\n\t(3)\tThe Minister may, on the receipt of an application for approval of an operational management plan—\n\t(a)\tapprove the plan without amendment; or\n\t(b)\tafter consultation with the licensee—require the licensee to make amendments to the plan in order to ensure that the plan complies with the requirements of section 66(2) and to ensure consistency with the other provisions of this Act; or\n\t(c)\treject the plan on the basis that it does not comply with the requirements of section 66(2) (or any other relevant provision of this Act).\n68—Review of operational management plan\n\t(1)\tA licensee must, if required to do so by the Minister, review an operational management plan in accordance with this section.\n\t(2)\tA review of an operational management plan under this section must be conducted—\n\t(a)\tin accordance with any requirements prescribed by the regulations; and\n\t(b)\ttaking into account the requirements of section 66(2) and so as to provide consistency with those requirements.\n\t(3)\tAn operational management plan revised as a result of a review under this section (a revised operational management plan) must be provided to the Minister in accordance with any requirements prescribed by the regulations.\n\t(4)\tThe Minister may, on the receipt of a revised operational management plan—\n\t(a)\tapprove the plan without amendment; or\n\t(b)\tafter consultation with the licensee—require the licensee to make amendments to the plan in order to ensure that the plan complies with the requirements of section 66(2) and to ensure consistency with the other provisions of this Act; or\n\t(c)\treject the plan on the basis that it does not comply with the requirements of section 66(2) or any other relevant provision of this Act.\n\t(5)\tA licensee must not fail to comply with a requirement under this section.\nSubdivision 5—Scoping report\n69—Interpretation\nIn this Subdivision—\nprescribed licence means a licence of a class prescribed by the regulations for the purposes of this Subdivision;\nprescribed person means—\n\t(a)\tthe holder of a prescribed licence; or\n\t(b)\tan applicant for a prescribed licence.\n70—Object\n\t(1)\tThe object of this Subdivision is to establish a scheme that—\n\t(a)\tprovides prescribed persons with an opportunity to obtain greater certainty with respect to government and community expectations as to the scope of work and the level and extent of assessment relating to environmental impacts that are relevant to regulated activities, including by taking the initiative through the preparation and provision of scoping reports; and\n\t(b)\tprovides for projects to be categorised according to their level of potential environmental impacts and assigned to assessment pathways that are appropriate in their particular circumstances, after taking into account information and other material provided in or in connection with scoping reports; and\n\t(c)\tensures that project assessments are commensurate with the level of environmental impacts after taking into account project type, scale, duration and the sensitivity of the location of regulated activities; and\n\t(d)\tensures that projects are assessed within a scheme that promotes efficiencies, transparency and clarity as to approval pathways and technical assessments.\n\t(2)\tThis Subdivision may apply in relation to a particular project even if an application is yet to be made for a licence.\n71—Scoping report\n\t(1)\tA scoping report is a report provided for the purposes of this Subdivision as a means of developing, assessing and providing, to such extent as may be reasonable and relevant, information relating to 1 or more of the following:\n\t(a)\tcategorising the level of environmental impact of authorised operations to be undertaken under a prescribed licence;\n\t(b)\tdetermining the reasonable and relevant level of detail for information to be provided to the Minister for the purposes of environmental impact assessment as part of the consideration of an application for a prescribed licence;\n\t(c)\tidentifying and prioritising the issues that are associated with environmental impact assessment as part of the consideration of an application for a prescribed licence;\n\t(d)\tdetermining the extent of work required to be undertaken for the purposes of environmental impact assessment as part of the consideration of an application for a prescribed licence;\n\t(e)\tif it is relevant in the circumstances or is reasonable or appropriate to do so—determining the impacts of a prescribed licence on people or communities, including by providing information about the measures that are to be used to manage, limit or remedy those impacts (in the case of negative impacts), or to facilitate or ensure those impacts (in the case of positive impacts).\n\t(2)\tA prescribed person may provide a scoping report to the Minister at any time that is reasonable and appropriate.\n\t(3)\tThe Minister may require a prescribed person to provide a scoping report if such a report has not been provided by the prescribed person.\n\t(4)\tA scoping report—\n\t(a)\tmust be provided in a manner and form determined by the Minister; and\n\t(b)\tin the case of a report required under subsection (3), must be provided within a period, or at a time or stage, determined by the Minister.\n\t(5)\tThe Minister may require the prescribed person to provide the Minister with additional information specified by the Minister (and that information must be provided within any period specified by the Minister).\n\t(6)\tAny information provided under this section must—\n\t(a)\tbe balanced, objective and concise; and\n\t(b)\tstate any limitations that apply, or should apply, to the use of information; and\n\t(c)\tidentify any matter in relation to which there is a significant lack of information or a significant degree of uncertainty; and\n\t(d)\tso far as is relevant, identify the sensitivity to change of any assumption that has been made and any significant risks that may arise if an assumption is later found to be incorrect; and\n\t(e)\tbe in a form determined by the Minister, be supported by such evidence as the Minister may determine, and comply with any requirement of the Minister relating to the amount or detail of information that must be provided.\n\t(7)\tA prescribed person must undertake consultation on the scoping report in accordance with the requirements prescribed by the regulations.\nSubdivision 6—Matters to be undertaken by Minister\n72—Public consultation\n\t(1)\tSubject to this Division, the Minister must, in accordance with the requirements prescribed by the regulations, undertake public consultation on—\n\t(a)\tan environmental impact report; and\n\t(b)\ta statement (or revised statement) of environmental objectives; and\n\t(c)\ta scoping report.\n\t(2)\tWithout limiting subsection (1), regulations made under this section may address the following:\n\t(a)\tthe manner and form in which the Minister is to give notice to the public that consultation is to occur;\n\t(b)\tthe manner in which the report or statement may be made available to members of the public;\n\t(c)\tthe manner in which submissions are to be made to the Minister and the time before which submissions must be provided to the Minister (which must be not less than 30 business days from the day on which notice is given under paragraph (a));\n\t(d)\tthe publication of submissions by the Minister (including that the Minister may refuse to publish submissions on grounds that the submissions are irrelevant, offensive or on any other grounds that the Minister thinks fit);\n\t(e)\tany action that must be undertaken as a result of, or in response to, the consultation.\n\t(3)\tSubject to the regulations, in determining whether or not to approve a statement (or revised statement) of environmental objectives, the Minister must have regard to any submissions received under this section.\n73—Referral of matter to prescribed body\n\t(1)\tThis section applies to the following documents:\n\t(a)\tan environmental impact report;\n\t(b)\ta statement (or revised statement) of environmental objectives;\n\t(c)\ta scoping report.\n\t(2)\tThe Minister must, before approving a document to which this section applies, refer the document to a prescribed body for its response.\n\t(3)\tA prescribed body may, by notice to the Minister, request further information be provided to them to enable them to determine a response to a matter referred to them under this section.\n\t(4)\tA prescribed body to whom a referral is made under this section must respond to the Minister in writing within the prescribed period (or any other period allowed by the Minister).\n\t(5)\tA prescribed body is not subject to Ministerial direction in relation to determining its response to a matter referred to it under this section.\n\t(6)\tThe Minister may, before a prescribed body responds to a matter referred to it under this section, withdraw the reference or, at the request or with the consent of the prescribed body, vary the matter referred.\n\t(7)\tIf a prescribed body fails to respond to the Minister within the period allowed under this section, it will be presumed that the prescribed body does not intend to respond to the document referred to it.\n\t(8)\tThe Minister must ensure that a person of a kind prescribed by the regulations for the purposes of this subsection is informed of any response given by the prescribed body.\n\t(9)\tSubject to the regulations, in determining whether or not to approve a statement (or revised statement) of environmental objectives, the Minister must have regard to any response received under this section.\n\t(10)\tIn this section—\nprescribed body means—\n\t(a)\tthe Minister to whom the administration of the Aquaculture Act 2001 is committed; and\n\t(b)\tthe Minister to whom the administration of the Fisheries Management Act 2007 is committed; and\n\t(c)\tthe Minister to whom the administration of the Livestock Act 1997 is committed; and\n\t(d)\tany other body prescribed by the regulations for the purposes of this definition.\n74—Minister may determine relevant authorisation\nSubject to the regulations, the Minister may, in relation to—\n\t(a)\tthe grant of a licence; or\n\t(b)\tthe approval of an operation management plan or a revised operational management plan,\ndetermine that—\n\t(c)\tthe licensee is taken to have been granted an authorisation under a provision of the Planning, Development and Infrastructure Act 2016 specified in the notice; and\n\t(d)\tthe authorisation taken to have been granted under paragraph (c) will have effect as such an authorisation for the purposes of any other Act specified in the notice.\n","sortOrder":23},{"sectionNumber":"Part 5","sectionType":"part","heading":"Entry to and use of land","content":"Part 5—Entry to and use of land\n75—Right of entry to land\nSubject to this Part—\n\t(a)\tthe holder of a renewable energy licence may enter and use designated land within the licence area to undertake authorised operations on the land; and\n\t(b)\tthe holder of an associated infrastructure licence that confers a right to enter and use land within the licence area, may enter and use designated land within the licence area to undertake authorised operations on the land; and\n\t(c)\tthe holder of a special enterprise licence may enter and use the licence area to undertake authorised operations on the land.\n76—Notice of entry\n\t(1)\tThis section applies to—\n\t(a)\ta renewable energy licence; and\n\t(b)\tan associated infrastructure licence that confers a right to enter and use designated land; and\n\t(c)\ta special enterprise licence.\n\t(2)\tThe holder of a licence to which this section applies must, at least 42 days before entering—\n\t(a)\tin the case of the holder of a special enterprise licence—the licence area; or\n\t(b)\tin any other case—any part of the licence area that comprises designated land,\ngive to each owner of land within the area a written notice in the form required by the regulations—\n\t(c)\tof the licensee's intention to enter the area; and\n\t(d)\tif the licensee proposes to undertake authorised operations—of the nature of the operations to be undertaken in the area,\n(a notice of entry).\nMaximum penalty: $20 000.\n\t(3)\tAn owner of land who is entitled to receive a notice of entry may, by written notice to the licensee, reduce the required period of notice.\n\t(4)\tA licensee is not required to give a notice of entry to an owner of land who is otherwise entitled to receive a notice of entry if—\n\t(a)\tthe licensee has entered into an access agreement with the owner of land in accordance with Part 4 Division 3 Subdivision 6; or\n\t(b)\tin the case of an owner of land who is a native title holder in respect of the land—the licensee holds a licence the grant of which was authorised by a native title agreement that authorises the grant of the licence; or\n\t(c)\tthe licensee has previously given a notice of entry in respect of the area to be entered.\nowner of land includes the holder of a licence under this Act.\n77—Notice of commencement of operations to holder of resources tenement\n\t(1)\tThis section applies to—\n\t(a)\ta renewable energy feasibility permit; and\n\t(b)\ta hydrogen generation licence; and\n\t(c)\ta renewable energy infrastructure licence; and\n\t(d)\ta renewable energy research licence; and\n\t(e)\tan associated infrastructure licence that does not confer a right to enter and use designated land.\n\t(2)\tThe holder of a permit or licence to which this section applies must, at least 42 days before commencing authorised operations in—\n\t(a)\tin the case of a renewable energy feasibility permit—the permit area; or\n\t(b)\tin the case of a hydrogen generation licence—the licence area; or\n\t(c)\tin any other case—any part of the licence area that does not comprise designated land,\ngive to each holder of a resources tenement within the area a written notice in the form required by the regulations of the intention of the holder of the permit or licence to commence authorised operations in the area (a notice of commencement of operations).\nMaximum penalty: $20 000.\n\t(3)\tThe holder of a resources tenement who is entitled to receive a notice of commencement of operations may, by written notice to the person required to give the notice, reduce the required period of notice.\n\t(4)\tThe holder of a permit or licence to which this section applies is not required to give a notice of commencement of operations to the holder of a resources tenement who is otherwise entitled to receive a notice of commencement of operations if they have previously given a notice of commencement of operations in respect of the permit or licence area.\nauthorised operations includes activities authorised to be undertaken under a renewable energy feasibility permit.\n78—Objections\n\t(1)\tThis section applies to the holder of a permit or licence (other than the holder of a special enterprise licence) who has given—\n\t(a)\ta notice of entry to a person under section 76; or\n\t(b)\ta notice of commencement of operations to a person under section 77.\n\t(2)\tA person who has received a notice of entry or a notice of commencement of operations may, by written notice to the licensee who gave the notice, object to the proposed entry or commencement of operations (as the case may be) (a notice of objection).\n\t(3)\tA notice of objection must be given within 42 days after the notice of entry or notice of commencement of operations (as the case may be) has been received by the person.\n\t(4)\tIf notice of objection is given, the Minister may attempt to mediate between the parties in order to arrive at mutually satisfactory terms for entry to the area and undertaking authorised operations in the area.\n\t(5)\tIf—\n\t(a)\tthe Minister decides against attempting to reach a resolution of the dispute by mediation; or\n\t(b)\tan attempt is made but the dispute is not resolved within a period fixed in the regulations for the purposes of this paragraph,\neither party to the dispute may apply to the ERD Court for a resolution of the dispute.\n\t(6)\tThe ERD Court may, on an application under this section, determine—\n\t(a)\tin the case of a dispute in relation to a notice of entry—the terms on which a licensee may enter the relevant licence area and undertake operations in the area; and\n\t(b)\tin the case of a dispute in relation to a notice of commencement of operations—the terms on which a licensee may undertake operations in the area.\n\t(7)\tIf a party to the dispute is the holder of a resources tenement, the terms determined by the ERD Court under subsection (6) must not materially diminish the rights of the holder of the resources tenement (and the onus of proving this matter is on the tenement holder).\n\t(8)\tFor the purposes of subsection (7)—\n\t(a)\tthe terms determined by the ERD Court will not be taken to materially diminish the rights of the holder of the resources tenement merely because—\n\t(i)\tthey allow the licensee to undertake activities on an area of land on which the holder of the resources tenement has a right to undertake activities pursuant to their resources tenement; or\n\t(ii)\tof such matters of a kind prescribed by the regulations; and\n\t(b)\tthe ERD Court must, in determining whether or not terms materially diminish the rights of the holder of the resources tenement, have regard to any matters prescribed by the regulations for the purposes of this subsection.\n\t(9)\tIn this section—\nauthorised operations includes activities authorised to be undertaken under a renewable energy feasibility permit;\nlicence area includes a permit area;\nlicensee includes the holder of a renewable energy feasibility permit.\n79—Compensation\n\t(1)\tSubject to this section, the owner of land is entitled to receive compensation from a licensee for any economic loss, hardship or inconvenience suffered by the owner in consequence of authorised operations.\n\t(2)\tIn determining the amount of compensation payable under this section, the following matters should be considered:\n\t(a)\tany damage caused to the land by the person undertaking the authorised operations;\n\t(b)\tany loss of productivity or profits as a result of the authorised operations;\n\t(c)\tany other relevant matters.\n\t(3)\tThe amount of compensation may include an additional component to cover reasonable costs reasonably incurred by an owner of land in connection with any negotiation or dispute related to—\n\t(a)\tthe licensee gaining access to the land; or\n\t(b)\tthe operations to be undertaken on the land; or\n\t(c)\tthe compensation to be paid under subsection (1).\n\t(4)\tThe amount of compensation is to be determined by agreement between the owner of the land and the licensee or, in default of agreement, by the ERD Court.\nAn access agreement or a native title agreement may provide for the amount of compensation that is or may be payable to an owner of land.\n\t(5)\tIn assessing compensation under subsection (3), costs in connection with any negotiation or dispute will not be taken to be reasonably incurred if they arise during any period when a reasonable offer of compensation is open to be accepted by the relevant owner of land.\n\t(6)\tIn assessing compensation payable to an owner of land under this section, any other compensation paid or payable under this or any other Act or law to them or any other owner of land, insofar as is fair, reasonable and appropriate to do so and to the extent that the compensation relates to the same matter, damage or loss (as the case may require), must be taken into account.\n\t(7)\tIf an owner of land who is a native title holder in respect of the land is entitled to receive any compensation under the Native Title Act 1993 of the Commonwealth in respect of the grant of a licence, such compensation is payable by a licensee.\n\t(8)\tWithout limiting any other civil right of action of the Crown, if the Crown is liable to pay compensation in respect of the grant of a licence under this Act that affects native title, the Crown is entitled to recover the amount of the compensation from the licensee.\n\t(9)\tFor the purposes of this section—\n\t(a)\ta reference to authorised operations will be taken to include a reference to an activity authorised to be undertaken under section 7; and\n\t(b)\ta reference to a licensee—\n\t(i)\tdoes not include the holder of a hydrogen generation licence; and\n\t(ii)\tdoes not include the holder of an associated infrastructure licence that does not confer a right to enter and use land within the licence area; and\n\t(iii)\twill be taken to include a reference to the Minister or a person authorised by the Minister to undertake an activity under section 7; and\n\t(c)\ta reference to the owner of land will be taken to only include—\n\t(i)\tthe owner of designated land; and\n\t(ii)\tthe owner of land on which an activity authorised under section 7 is undertaken; and\n\t(iii)\tthe owner of land within the licence area of an associated infrastructure licence to the extent that the licence confers a right to enter and use that land; and\n\t(iv)\tthe owner of land within the licence area of a special enterprise licence; and\n\t(d)\tan owner of land who holds a resources tenement in respect of the land is only entitled to receive an amount of compensation for any economic loss, hardship or inconvenience suffered by them in consequence of authorised operations undertaken under a special enterprise licence.\n80—Compensation for material diminishment of rights\n\t(1)\tSubject to this section, a person who holds a relevant authority is entitled to receive compensation from a licensee for any loss suffered by them in consequence of authorised operations that have materially diminished the rights of that person (and the onus of proving this matter is on that person).\n\t(2)\tThe amount of compensation under subsection (1) is to be determined by agreement between the person who holds the relevant authority and the licensee, or in default of agreement, by the ERD Court.\n\t(3)\tFor the purposes of subsection (1), authorised operations will not be taken to have materially diminished the rights of a person who holds a relevant authority merely because—\n\t(a)\tthose operations were undertaken on an area of land on which the holder of the relevant authority had a right to undertake activities pursuant to that authority; and\n\t(b)\tof such matters of a kind prescribed by the regulations.\n\t(4)\tRegulations made for the purposes of this section may prescribe—\n\t(a)\tthe matters to which a person or the ERD Court (as the case may be) must have regard in determining whether or not there has been material diminishment of the rights of a person who holds a relevant authority; and\n\t(b)\tthe matters that may be taken into account in assessing the amount of compensation payable to a person under this section; and\n\t(c)\tlimitations on the amount of compensation payable to a person under this section, including limitations that may apply if the person is entitled to receive compensation under another provision of this Act or any other Act or law.\nrelevant authority means an authority under the Fisheries Management Act 2007.\n81—Right to require acquisition of land\n\t(1)\tIf the activities undertaken by the holder of a special enterprise licence on land substantially impair an owner of land's use and enjoyment of the land, the owner of land may apply to the ERD Court for an order under this section.\n\t(2)\tThe ERD Court may, on an application under this section—\n\t(a)\tmake an order transferring the owner's land to the licensee; and\n\t(b)\torder the licensee to pay to the owner, by way of compensation—\n\t(i)\tan amount equivalent to the market value of the land; and\n\t(ii)\ta further amount the Court considers just by way of compensation for disturbance.\n","sortOrder":24},{"sectionNumber":"Part 6","sectionType":"part","heading":"Hydrogen and Renewable Energy Fund","content":"Part 6—Hydrogen and Renewable Energy Fund\n82—Hydrogen and Renewable Energy Fund\n\t(1)\tThe Minister must establish and maintain a fund to be called the Hydrogen and Renewable Energy Fund.\n\t(2)\tThe Fund will consist of—\n\t(a)\tpenalties paid in respect of offences against this Act; and\n\t(b)\texpiation fees paid under this Act; and\n\t(c)\tany income arising from the investment of money from the Fund by the Minister; and\n\t(d)\tany money appropriated by Parliament for the purposes of the Fund; and\n\t(e)\tany other money required to be paid into the Fund under this or any other Act.\n\t(3)\tAny money in the Fund that is not for the time being required for the purposes of the Fund may be invested by the Minister in any manner that the Minister thinks fit.\n\t(4)\tThe Minister may apply any part of the Fund for 1 or any of the following purposes:\n\t(a)\tthe promotion of research into methods of engineering and practice by which environmental damage or impairment resulting from authorised operations may be reduced;\n\t(b)\tfor purposes related to the protection and preservation of native title and Aboriginal heritage;\n\t(c)\tproviding for any matter that will further the objects of this Act;\n\t(d)\tto fund other programs, or to achieve other outcomes, prescribed by the regulations;\n\t(e)\tto provide for the costs of administering the Fund.\n","sortOrder":25},{"sectionNumber":"Part 7","sectionType":"part","heading":"Compliance and enforcement","content":"Part 7—Compliance and enforcement\nDivision 1—Minister may request information\n83—Minister may request information\n\t(1)\tThe Minister may, at any time, request, by written notice, that a licensee provide information or material—\n\t(a)\tthat the Minister requires for the administration or enforcement of this Act; or\n\t(b)\tthat is related to the authorised operations or work undertaken under the relevant licence; or\n\t(c)\tof a prescribed kind.\n\t(2)\tA licensee must not fail to comply with a request under this section.\nDivision 2—Authorised officers\n84—Appointment of authorised officers\n\t(1)\tThe Minister may, by instrument in writing, appoint a Public Service employee to be an authorised officer under this Act.\n\t(2)\tAn appointment under this section may be made subject to such conditions as the Minister thinks fit.\n85—Identity cards\n\t(1)\tThe Minister must issue to each authorised officer an identity card—\n\t(a)\tstating the name of the authorised officer; and\n\t(b)\tcontaining a photograph of the authorised officer; and\n\t(c)\tstating that the person whose name and photograph appear on the card is an authorised officer for this Act.\n\t(2)\tIf an authorised officer proposes to exercise powers under this Act against a person, the authorised officer must produce their identity card for inspection on request.\n86—Authorised investigations\nAn investigation by an authorised officer is an authorised investigation if the purpose of the investigation is—\n\t(a)\tto monitor compliance with this Act; or\n\t(b)\tto gather information about a suspected offence against this Act; or\n\t(c)\tto gather information about personal injury or loss of property related to operations under this Act; or\n\t(d)\tto gather information about the actual or potential environmental impact of actual or potential operations under this Act; or\n\t(e)\tto gather other information relevant to the administration or enforcement of this Act; or\n\t(f)\tto undertake any inquiry relevant to the administration or enforcement of this Act; or\n\t(g)\twithout limiting a preceding paragraph, to inspect any operations under this Act which are creating, or are likely to create, a nuisance, or are damaging, or are likely to damage, property.\n87—Powers of entry and inspection for purpose of authorised investigation\n\t(1)\tFor the purpose of carrying out an authorised investigation, an authorised officer may—\n\t(a)\tenter, search, inspect and examine any premises, land or vehicle that has been or is intended to be, used for, or in connection with, any authorised operations under this Act and, where necessary for the purpose, break into or open a part of, or anything in, the premises, land or vehicle; or\n\t(b)\tinspect or examine anything; or\n\t(c)\ttake photographs, audio or video recordings; or\n\t(d)\tcarry out tests on facilities and equipment; or\n\t(e)\ttake and remove samples; or\n\t(f)\tseize and retain any thing that may be evidence of non‑compliance with this Act.\n\t(2)\tA person must not, without reasonable excuse, obstruct an authorised officer in the exercise of powers under this section.\n\t(3)\tA person involved in authorised operations under this Act must give an authorised officer such assistance as is reasonably required for the effective exercise of a power conferred by this section.\n\t(4)\tAn authorised officer may only exercise a power under subsection (1)(a) in respect of premises on the authority of a warrant issued by a magistrate (including as a warden) or justice.\n\t(5)\tA warrant may not be issued unless the magistrate, warden or justice (as the case may be) is satisfied that the warrant is reasonably required in the circumstances.\n\t(6)\tAn application for the issue of a warrant—\n\t(a)\tmay be made either personally or by telephone; and\n\t(b)\tmust be made in accordance with any procedures prescribed by the regulations.\n88—Power to require information\n\t(1)\tAn authorised officer may require a person who may be in a position to provide information relevant to any matter subject to an authorised investigation—\n\t(a)\tto answer a question relevant to the investigation; or\n\t(b)\tto take reasonable steps to obtain information relevant to the investigation and to provide it to the authorised officer.\n\t(2)\tA person required to answer a question under subsection (1) must answer the question to the best of the person's knowledge, information and belief.\n\t(3)\tA person of whom a requirement is made under subsection (1)(b) must comply with the requirement.\n\t(4)\tIt is not an excuse for an individual to refuse to answer a question or provide information as required under this section on the ground that to do so might tend to incriminate the individual or make the individual liable to a penalty.\n\t(5)\tHowever, if compliance with a requirement to provide information might tend to incriminate the individual or make them liable to a penalty, then the fact of the provision of the information is not admissible in evidence against the individual in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of making a false or misleading statement).\n\t(6)\tAn authorised officer may require a person who the authorised officer reasonably suspects has committed, is committing or is about to commit, a contravention of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity.\n\t(7)\tA person of whom a requirement is made under subsection (6) must comply with the requirement.\n89—Production of records\n\t(1)\tThis section applies to records relating to authorised operations.\n\t(2)\tA person who has possession or control of a record to which this section applies must, at the request of an authorised officer—\n\t(a)\tproduce the record for inspection by the authorised officer; and\n\t(b)\tanswer any questions that the authorised officer reasonably asks about the record.\n\t(3)\tAn authorised officer may—\n\t(a)\tretain records produced under this section for the purpose of making copies of them; or\n\t(b)\tif the authorised officer suspects that the records may be evidence of non‑compliance with this Act, seize and retain records produced under this section.\n\t(4)\tIn this section—\nrecord includes any document or other form of material.\nDivision 3—Compliance and enforcement\n90—Compliance directions\n\t(1)\tThe Minister may issue a direction under this section (a compliance direction) for the purpose of—\n\t(a)\tsecuring compliance with a requirement of this Act, a licence (including a condition of a licence) or an authorisation or direction under or in relation to a licence; or\n\t(b)\tpreventing or bringing to an end specified operations that are contrary to this Act or a licence (including a condition of a licence); or\n\t(c)\trequiring the rehabilitation of an area specified in the direction on account of any operations undertaken with or without an authority required by this Act.\n\t(2)\tA compliance direction—\n\t(a)\tmust be in the form of a written notice given to the person to whom the direction is issued; and\n\t(b)\tmust—\n\t(i)\tspecify the person to whom it is issued (whether by name or by description sufficient to identify the person); and\n\t(ii)\tspecify the grounds on which it is issued; and\n\t(c)\tmay impose any requirement reasonably required for the purpose for which the direction is issued including 1 or more of the following:\n\t(i)\ta requirement that the person discontinue, or not commence, specified operations indefinitely or for a specified period or until further notice from the Minister;\n\t(ii)\ta requirement that the person not undertake specified operations except at specified times or subject to specified conditions;\n\t(iii)\ta requirement that the person take specified action within a specified period.\n\t(3)\tThe Minister may, by written notice given to the person to whom a compliance direction is issued, vary or revoke the direction.\n\t(4)\tA person to whom a compliance direction is given under this section is entitled to enter any land in order to comply with the direction.\n\t(5)\tA person to whom a compliance direction is issued must comply with the direction within the time allowed in the direction.\n91—Emergency directions\n\t(1)\tIf, in the opinion of an authorised officer—\n\t(a)\toperations under a licence are being undertaken in a way that results in, or that is reasonably likely to result in—\n\t(i)\tundue damage to the environment; or\n\t(ii)\tcontravention of an operational management plan; or\n\t(iii)\tcontravention of a term or condition of a licence; and\n\t(b)\tit is urgently necessary to take action under this section,\nthe authorised officer may, by written notice given to any person involved in undertaking the operations, issue a direction under this section (an emergency direction).\n\t(2)\tAn emergency direction—\n\t(a)\tsubject to subsection (3), must be in the form of a written notice given to the person to whom the direction is issued; and\n\t(b)\tmust specify the grounds on which it is issued; and\n\t(c)\tmay impose any requirement reasonably required for the purpose for which the direction is issued including 1 or more of the following:\n\t(i)\ta requirement that a person specified or identified in the direction discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice from an authorised officer;\n\t(ii)\ta requirement that a person specified or identified in the direction take specified action within a specified period;\n\t(iii)\ta requirement that a person specified or identified in the direction provide the Minister or a specified authorised officer with a specified report or reports.\n\t(3)\tAn authorised officer may, if of the opinion that urgent action is required under this section, issue an emergency direction imposing requirements of a kind referred to in subsection (2)(c) orally but, in that event, the authorised officer must confirm it in writing at the earliest opportunity (and in any event within 2 business days) by written notice given to the person to whom the direction applies.\n\t(4)\tAn emergency direction issued under this section will cease to have effect at the expiration of 3 business days after the day on which it is issued unless the Minister, within that period, confirms the direction in the manner prescribed by the regulations (and then the direction will continue to have effect for a period determined by the Minister or until revoked by an authorised officer).\n\t(5)\tAn authorised officer may, with the approval of the Minister, by written notice given to the person to whom an emergency direction has been issued, vary or revoke the direction.\n\t(6)\tA person to whom an emergency direction is given under this section is entitled to enter any land in order to comply with the direction.\n\t(7)\tA person to whom an emergency direction relates must comply with a direction under this section within the time allowed in the direction.\n92—Review of direction\n\t(1)\tA person required to comply with a direction under this Division may apply to the ERD Court for a review of the direction within 28 days after receiving the direction or such longer period as the Minister may allow in a particular case.\n\t(2)\tUnless the Minister or the Court decides to the contrary, an application for review of a direction does not suspend operation of the direction.\n\t(3)\tOn review of a direction, the ERD Court may—\n\t(a)\tconfirm the direction (with or without modification); or\n\t(b)\trevoke the direction.\n93—Contravention of Act\nThe Minister or an authorised officer may, if of the opinion that it is reasonably necessary to do so in the circumstances, include in a direction under this Division a requirement for an act that might otherwise constitute a contravention of this Act and, in that event, a person incurs no liability to a penalty under this Act for compliance with the requirement.\n94—Action if non‑compliance occurs\n\t(1)\tIf the requirements of a direction under this Division are not complied with, the Minister may take the action required by the direction.\n\t(2)\tAny action to be taken under subsection (1) may be taken by an authorised officer or by another person authorised by the Minister for the purpose.\n\t(3)\tIf a person other than an authorised officer is authorised to take action under subsection (2), the following provisions apply:\n\t(a)\tthe Minister must issue the person with an instrument of authority;\n\t(b)\tthe person must produce the instrument of authority for the inspection of any person in relation to whom the person intends to exercise powers under this section.\n\t(4)\tThe reasonable costs and expenses incurred by the Minister taking action under this section constitute a debt due to the Crown.\nDivision 4—Miscellaneous\n95—Enforceable voluntary undertakings\n\t(1)\tThe Minister may accept (by written notice) a written undertaking given by a person in connection with a matter relating to a contravention or alleged contravention by the person of this Act.\n\t(2)\tThe giving of an undertaking does not constitute an admission of guilt by the person giving the undertaking in respect of the contravention or alleged contravention to which the undertaking relates.\n\t(3)\tA person must not contravene an undertaking made by the person that is in effect.\nMaximum penalty: $50 000.\n\t(4)\tIf the Minister considers that a person has contravened an undertaking accepted by the Minister, the Minister may apply to the ERD Court for enforcement of the undertaking.\n\t(5)\tIf the ERD Court is satisfied that the person has contravened the undertaking, the Court, in addition to the imposition of any penalty, may make any of the following orders:\n\t(a)\tan order that the person must comply with the undertaking or take specified action to comply with the undertaking;\n\t(b)\tan order discharging the undertaking;\n\t(c)\tan order directing the person to pay to the Minister—\n\t(i)\tthe costs of the proceedings; and\n\t(ii)\tthe reasonable costs of the Minister in monitoring compliance with the undertaking in the future;\n\t(d)\tany other order that the Court considers appropriate in the circumstances.\n\t(6)\tA person who has given an undertaking may, at any time, with the written agreement of the Minister—\n\t(a)\tvary the undertaking; or\n\t(b)\twithdraw the undertaking.\n\t(7)\tSubject to this section, no proceedings for a contravention or alleged contravention of this Act may be brought against a person if an undertaking is in effect in relation to that contravention.\n\t(8)\tNo proceedings for a contravention or alleged contravention of this Act may be brought against a person who has given an undertaking under this section in relation to that contravention and who has completely discharged the undertaking.\n\t(9)\tThe Minister may accept an undertaking in relation to a contravention or alleged contravention before proceedings in respect of that contravention have been finalised.\n\t(10)\tIf the Minister accepts an undertaking before the proceedings are finalised, the Minister must take all reasonable steps to have the proceedings discontinued as soon as possible.\n96—Civil remedies\n\t(1)\tApplications may be made to the ERD Court for 1 or more of the following orders:\n\t(a)\tif a person has engaged, is engaging or is proposing to engage in conduct in contravention of this Act—an order restraining the person from engaging in the conduct and, if the Court considers it appropriate to do so, requiring the person to take any specified action;\n\t(b)\tif a person has refused or failed, is refusing or failing or is proposing to refuse or fail to take any action required by this Act—an order requiring the person to take that action;\n\t(c)\tif a person has suffered injury or loss or damage to property as a result of a contravention of this Act, or incurred costs and expenses in taking action to prevent or mitigate such injury, loss or damage—an order against the person who committed the contravention for payment of compensation for the injury, loss or damage, or for payment of the reasonable costs and expenses incurred in taking that action;\n\t(d)\tif the Court considers it appropriate to do so, an order against a person who has contravened this Act for payment (for the credit of the Fund) of an amount in the nature of exemplary damages determined by the Court.\n\t(2)\tAn application under this section may be made by the Minister.\n\t(3)\tThe power of the ERD Court to make an order restraining a person from engaging in conduct of a particular kind may be exercised—\n\t(a)\tif the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n\t(b)\tif it appears to the Court that, in the event that an order is not made, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial harm or damage if the person engages in conduct of that kind.\n\t(4)\tThe power of the ERD Court to make an order requiring a person to take specified action may be exercised—\n\t(a)\tif the Court is satisfied that the person has refused or failed to take that action—whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to take that action; or\n\t(b)\tif it appears to the Court that, in the event that an order is not made, it is likely that the person will refuse or fail to take that action—whether or not the person has previously refused or failed to take that action and whether or not there is an imminent danger of substantial harm or damage if the person refuses or fails to take that action.\n\t(5)\tIn assessing an amount to be ordered in the nature of exemplary damages, the ERD Court must have regard to—\n\t(a)\tany undue damage to the environment or detriment to the public interest resulting from the contravention; and\n\t(b)\tany financial saving or other benefit that the respondent stood to gain by committing the contravention; and\n\t(c)\tany other matter it considers relevant.\n\t(6)\tThe power to order payment of an amount in the nature of exemplary damages may only be exercised by a judge of the ERD Court.\n\t(7)\tAn application may be made without notice to any person and, if the ERD Court is satisfied on the application that the respondent has a case to answer, it may grant permission to the applicant to serve a summons requiring the respondent to appear before the Court to show cause why an order should not be made under this section.\n\t(8)\tAn application under this section must, in the first instance, be referred to a conference under section 16 of the Environment, Resources and Development Court Act 1993 (and the provisions of that Act will then apply in relation to the application).\n\t(9)\tIf, on an application under this section or before the determination of the proceedings commenced by the application, the ERD Court is satisfied that, in order to preserve the rights or interests of parties to the proceedings or for any other reason, it is desirable to make an interim order under this section, the Court may make such an order.\n\t(10)\tAn interim order—\n\t(a)\tmay be made on an application without notice to any person; and\n\t(b)\tmay be made whether or not the proceedings have been referred to a conference; and\n\t(c)\twill be made subject to such conditions as the ERD Court thinks fit; and\n\t(d)\twill not operate after the proceedings in which it is made are finally determined.\n\t(11)\tThe ERD Court may order an applicant in proceedings under this section—\n\t(a)\tto provide security for the payment of costs that may be awarded against the applicant if the application is subsequently dismissed; or\n\t(b)\tto give an undertaking as to the payment of any amount that may be awarded against the applicant under subsection (12).\n\t(12)\tIf, on an application under this section alleging a contravention of this Act, the ERD Court is satisfied—\n\t(a)\tthat the respondent has not contravened this Act; and\n\t(b)\tthat the respondent has suffered loss or damage as a result of the actions of the applicant; and\n\t(c)\tthat in the circumstances it is appropriate to make an order under this provision,\nthe Court may, on the application of the respondent (and in addition to any order as to costs), require the applicant to pay to the respondent an amount, determined by the Court, to compensate the respondent for the loss or damage suffered by the respondent.\n\t(13)\tThe ERD Court may, if it considers it appropriate to do so, either on its own initiative or on the application of a party, vary or revoke an order previously made under this section.\n\t(14)\tProceedings under this section based on a contravention of this Act may be commenced at any time within 3 years after the date of the alleged contravention or, with the authorisation of the Attorney‑General, at any later time.\n\t(15)\tAn apparently genuine document purporting to be signed by the Attorney‑General authorising the commencement of proceedings under this section will be accepted in any legal proceedings, in the absence of proof to the contrary, as proof of the authorisation.\n\t(16)\tThe ERD Court may, in any proceedings under this section, make such orders in relation to the costs of the proceedings as it thinks just and reasonable.\n97—Annual report\n\t(1)\tThe Minister must, by 30 September in each year, cause a report to be published setting out the following in respect of the previous financial year:\n\t(a)\tthe results of any authorised investigations undertaken under section 86;\n\t(b)\tthe number of compliance directions issued under section 90;\n\t(c)\tthe number of emergency directions issued under section 91.\n\t(2)\tA report published under this section must be made available on the register.\n","sortOrder":26},{"sectionNumber":"Part 8","sectionType":"part","heading":"Offences and penalties","content":"Part 8—Offences and penalties\n98—False or misleading statements\nA person must not, in giving any information under this Act—\n\t(a)\tmake a statement knowing it to be false or misleading; or\n\t(b)\tomit any matter from a statement knowing that without that matter the statement is false or misleading.\n99—Offence relating to licence\n\t(1)\tA licensee must not contravene a term or condition of their licence.\n\t(2)\tA licensee must not undertake authorised operations otherwise than in accordance with the terms and conditions of their licence.\n\t(3)\tA person must not, without lawful excuse, obstruct or hinder a licensee in the reasonable exercise of rights conferred under this Act.\n100—Offences regarding authorised officers\n\t(1)\tA person must not obstruct, hinder, threaten or attempt to influence an authorised officer in the exercise of a power under this Act.\nMaximum penalty: $15 000.\n\t(2)\tA person must not impersonate an authorised officer.\nMaximum penalty: $15 000.\n101—Civil penalties\n\t(1)\tSubject to this section, if the Minister is satisfied that a person has committed an offence by contravening a provision of this Act, the Minister may, as an alternative to criminal proceedings, recover, by negotiation or by application to the ERD Court, an amount as a civil penalty in respect of the contravention.\n\t(2)\tThe Minister may not recover an amount under this section in respect of a contravention if the relevant offence requires proof of intention or some other state of mind, and must, in respect of any other contravention, determine whether to initiate proceedings for an offence or take action under this section, having regard to the seriousness of the contravention, the previous record of the offender and any other relevant factors.\n\t(3)\tThe Minister may not make an application to the ERD Court under this section to recover an amount from a person as a civil penalty in respect of a contravention—\n\t(a)\tunless the Minister has served on the person a notice in the prescribed form advising the person that the person may, by written notice to the Minister, elect to be prosecuted for the contravention and the person has been allowed not less than 21 days after service of the Minister's notice to make such an election; or\n\t(b)\tif the person serves written notice on the Minister, before the making of such an application, that the person elects to be prosecuted for the contravention.\n\t(4)\tThe maximum amount that the Minister may recover by negotiation as a civil penalty in respect of a contravention is—\n\t(a)\tthe amount specified by this Act as the criminal penalty in relation to that contravention; or\n\t(b)\t$150 000,\nwhichever is the lesser.\n\t(5)\tIf, on an application by the Minister, the ERD Court is satisfied, on the balance of probabilities, that a person has contravened a provision of this Act, the Court may order the person to pay to the Minister an amount as a civil penalty (but not exceeding the amount specified by this Act as the criminal penalty in relation to that contravention).\n\t(6)\tIn determining the amount to be paid by a person as a civil penalty, the ERD Court must have regard to—\n\t(a)\tthe nature and extent of the contravention; and\n\t(b)\tany detriment to the public interest resulting from the contravention; and\n\t(c)\tany financial saving or other benefit that the person stood to gain by committing the contravention; and\n\t(d)\twhether the person has previously been found, in proceedings under this Act, to have engaged in any similar conduct; and\n\t(e)\tany other matter it considers relevant.\n\t(7)\tThe jurisdiction conferred by this section is to be part of the civil jurisdiction of the ERD Court.\n\t(8)\tIf conduct of a person constitutes a contravention of 2 or more provisions of this Act, an amount may be recovered from the person under this section in relation to the contravention of any 1 or more of those provisions (provided that the person is not liable to pay more than 1 amount as a civil penalty in respect of the same conduct).\n\t(9)\tProceedings for an order under this section that a person pay an amount as a civil penalty in relation to a contravention of this Act, or for enforcement of such an order, are stayed if criminal proceedings are started or have already been started against the person for an offence constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n\t(10)\tProceedings referred to in subsection (9) may only be resumed if the criminal proceedings do not result in a formal finding of guilt being made against the person.\n\t(11)\tEvidence of information given or evidence of the production of documents by a person is not admissible in criminal proceedings against the person if—\n\t(a)\tthe person gave the evidence or produced the documents in the course of negotiations or proceedings under this section for the recovery of an amount as a civil penalty in relation to a contravention of this Act; and\n\t(b)\tthe conduct alleged to constitute the offence is substantially the same as the conduct that was alleged to constitute the contravention.\n\t(12)\tHowever, subsection (11) does not apply to criminal proceedings in respect of the making of a false or misleading statement.\n\t(13)\tProceedings for an order under this section may be commenced at any time within 3 years after the date of the alleged contravention or, with the authorisation of the Attorney‑General, at any later time within 10 years after the date of the alleged contravention.\n\t(14)\tAn apparently genuine document purporting to be signed by the Attorney‑General authorising the commencement of proceedings for an order under this section will be accepted in any legal proceedings, in the absence of proof to the contrary, as proof of the authorisation.\n\t(15)\tThe ERD Court may, in any proceedings under this section, make such orders in relation to the costs of the proceedings as it thinks just and reasonable.\n\t(16)\tAn amount recovered as a civil penalty under this section will be paid into the Fund.\n102—Additional orders on conviction\n\t(1)\tIf a person is convicted of an offence against this Act, the court by which the conviction is recorded may, in addition to any penalty that it may impose, and to any other order that may be made under this or any other Act, make 1 or more of the following orders:\n\t(a)\tan order requiring the person to take any specified action (including an order to rectify the consequences of any contravention of this Act, or to ensure that a further contravention does not occur);\n\t(b)\twithout limiting paragraph (a)—an order requiring the person to make good any environmental damage and, if appropriate, to take specified action to prevent or mitigate further harm to the environment;\n\t(c)\tan order requiring the person to publicise the contravention of this Act and any environmental or other consequences, and the other orders (if any) made against the person;\n\t(d)\tan order requiring the person to pay into the Fund an amount determined by the court to be equal to a fair assessment or estimate of the financial benefit that the person, or a related body corporate, has gained, or can reasonably be expected to gain, as a result of the contravention of this Act;\n\t(e)\tan order requiring the person to pay to any person who has suffered loss or damage to property as a result of the acts or omissions constituting the offence, or incurred costs or expenses in taking action to prevent or mitigate such loss or damage, compensation for that loss or damage and reasonable reimbursement for those costs or expenses.\n\t(2)\tFor the purposes of subsection (1)(d), a financial benefit obtained by delaying or avoiding costs will be taken to be a financial benefit gained as a result of a contravention of this Act if the contravention can be attributed (in whole or in part) to that delay or avoidance.\n\t(3)\tThe court may, by an order under this section, fix a period for compliance and impose other requirements the court considers necessary or expedient for the enforcement of the order.\n103—Continuing offences\n\t(1)\tA person convicted of an offence against a provision of this Act in respect of a continuing act or omission—\n\t(a)\tis liable, subject to any determination of a court, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continued of not more than one-tenth of the maximum penalty prescribed for that offence; and\n\t(b)\tis, if the act or omission continues after the conviction, subject to any determination of a court, guilty of a further offence against the provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continued after the conviction of not more than one-tenth of the maximum penalty prescribed for the offence.\n\t(2)\tIf an offence consists of an omission to do something that is required to be done, the omission will be taken to continue for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement.\n104—Offences by bodies corporate\nIf a body corporate is guilty of an offence against this Act, each director of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence if the prosecution proves that—\n\t(a)\tthe director knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and\n\t(b)\tthe director was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and\n\t(c)\tthe director failed to exercise due diligence to prevent the commission of the offence.\n105—Time limits\n\t(1)\tCriminal proceedings under this Act may be commenced at any time within 3 years after the date of the alleged offence or, with the authorisation of the Attorney‑General, at any later time within 10 years after the alleged offence.\n\t(2)\tAn apparently genuine document purporting to be signed by the Attorney‑General authorising the commencement of criminal proceedings under this Act will be accepted in any legal proceedings, in the absence of proof to the contrary, as proof of the authorisation.\n106—Evidentiary provisions\n\t(1)\tIn proceedings for an offence against this Act, an apparently genuine document purporting to be a certificate signed by the Minister certifying—\n\t(a)\tthat a person named in the certificate was or was not at a specified time a licensee; or\n\t(b)\tthat a specified provision was a term or condition of a specified licence at a specified time; or\n\t(c)\tthat a specified provision was a requirement or condition of an operational management plan; or\n\t(d)\tthat a specified determination, direction, decision, order or requirement was made or given on a specified day; or\n\t(e)\tthat at a specified time the Minister gave notice of any specified matter under or in connection with the operation of this Act; or\n\t(f)\tthat at a specified time the Minister had not received a notice, instrument or other document, or had not received any information of a specified kind; or\n\t(g)\tthat at a specified time a specified person was an authorised officer under this Act; or\n\t(h)\tthat a particular delegation was in force under this Act at a specified time,\nis, in the absence of proof to the contrary, proof of the matter so certified.\n\t(2)\tIn any proceedings for an offence against this Act, a document purporting to be a licence under this Act will be accepted as such in the absence of evidence to the contrary.\n\t(3)\tIf in any proceedings for an offence against this Act in relation to any operations it is proved that there has been a contravention of—\n\t(a)\ta term or condition of a licence; or\n\t(b)\ta requirement or condition of an operational management plan applying in respect of a licence,\nit must be presumed, in the absence of evidence to the contrary, that the contravention occurred as a result of an act of the relevant licensee.\n\t(4)\tIn any proceedings for an offence against this Act, if it appears that an alleged fact has been determined by the use of an electronic, sonic, optical, mechanical, measuring or other device or technique by an authorised officer or a person assisting an authorised officer, the alleged fact must be accepted as proved in the absence of evidence to the contrary.\n","sortOrder":27},{"sectionNumber":"Part 9","sectionType":"part","heading":"Appeals to ERD Court","content":"Part 9—Appeals to ERD Court\n107—Appeals to ERD Court\n\t(1)\tThis section applies to the following decisions:\n\t(a)\ta decision to refuse an application for a renewable energy feasibility permit;\n\t(b)\ta decision to refuse an application for a licence (other than a special enterprise licence);\n\t(c)\ta decision to refuse an application for the renewal of a licence;\n\t(d)\ta decision to impose, vary or revoke a condition of licence;\n\t(e)\ta decision to refuse an application to approve an increase or decrease in the licence area of a licence under section 49;\n\t(f)\ta decision to refuse an application, or revoke an approval, for a change in control in the holder of a licence under section 52;\n\t(g)\ta decision to suspend or cancel a licence;\n\t(h)\ta decision in relation to an application for approval of a statement of environmental objectives;\n\t(i)\ta decision in relation to the review of a statement of environmental objectives;\n\t(j)\ta decision in relation to an application for approval of an operational management plan;\n\t(k)\ta decision in relation to the review of an operational management plan.\n\t(2)\tSubject to subsection (3), an applicant or a licensee in respect of whom a decision to which this section applies is made may appeal against the decision to the ERD Court.\n\t(3)\tAn appeal must be made in a manner and form determined by the ERD Court, setting out the grounds of the appeal.\n\t(4)\tSubject to this section, an appeal under this section must be instituted within 21 days after notice of the relevant decision is given to the appellant.\n\t(5)\tIf the reasons of the Minister are not given to the appellant in writing at the time of making the decision and the appellant (within the period specified in subsection (4) as the time within which an appeal may be instituted) requires the Minister to state the reasons in writing—\n\t(a)\tthe Minister must, within 30 days after being required to do so by the appellant, state in writing the reasons for the decision; and\n\t(b)\tthe time for instituting an appeal runs from the time at which the appellant receives the written statement of those reasons.\n\t(6)\tThe ERD Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that an appeal be made within the period fixed by this section.\n\t(7)\tUnless otherwise determined by the ERD Court, an appeal must be referred in the first instance to a conference under section 16 of the Environment, Resources and Development Court Act 1993 (and the provisions of that Act will then apply in relation to that appeal).\n\t(8)\tSubject to subsection (9), the institution of an appeal does not affect the operation of the decision to which the appeal relates.\n\t(9)\tThe ERD Court may, on application by a party to an appeal, make an order staying or otherwise affecting the operation or implementation of the whole or a part of a decision if the Court is satisfied that it is appropriate to do so.\n\t(10)\tAn order under subsection (9)—\n\t(a)\tmay be varied or revoked by the ERD Court by further order; and\n\t(b)\tis subject to such conditions as are specified in the order; and\n\t(c)\thas effect until—\n\t(i)\tthe end of the period of operation (if any) specified in the order; or\n\t(ii)\tthe decision of the ERD Court on the appeal comes into operation,\nwhichever is the earlier.\n\t(11)\tThe ERD Court must not make an order under subsection (9) unless each party to the appeal has been given a reasonable opportunity to make submissions in relation to the matter.\n\t(12)\tThe ERD Court may, on hearing an appeal under this section, do 1 or more of the following:\n\t(a)\tconfirm, vary or revoke the decision or order appealed against; \n\t(b)\torder or direct a person or body to take such action as the Court thinks fit, or to refrain (either temporarily or permanently) from such action or activity as the Court thinks fit;\n\t(c)\tmake any consequential or ancillary order or direction, or impose any condition, that it considers necessary or expedient.\n\t(13)\tAn order for costs cannot be made against an appellant unless the ERD Court is satisfied that the appellant's conduct in relation to the proceedings was frivolous, vexatious or calculated to cause delay.\n","sortOrder":28},{"sectionNumber":"Part 10","sectionType":"part","heading":"Hydrogen and renewable energy register","content":"Part 10—Hydrogen and renewable energy register\n108—Hydrogen and renewable energy register\n\t(1)\tThe Minister must establish and maintain a hydrogen and renewable energy register (the register).\n\t(2)\tThe register must contain the following:\n\t(a)\tin relation to a licence granted under this Act—\n\t(i)\tthe prescribed particulars in relation to the licensee; and\n\t(ii)\tthe dates on which the licence was granted and will expire;\n\t(b)\tthe environmental impact report and statement of environmental objectives applying in relation to a licence;\n\t(c)\tinformation required to be entered on the register under this Act;\n\t(d)\tany other information prescribed by the regulations.\n\t(3)\tThe Minister may amend the register in order to ensure that the information on the register is current and accurate.\n\t(4)\tThe Minister—\n\t(a)\tmust make the register publicly available—\n\t(i)\ton a website maintained by the Minister; and\n\t(ii)\tin any other manner the Minister thinks fit; and\n\t(b)\tmust ensure that copies of information on the register can be made available to a person on payment of the prescribed fee.\nprescribed particulars, in relation to a person, means—\n\t(a)\tany address for service or other email address, telephone number or street or postal address provided by the person for purposes connected with a licence; and\n\t(b)\tany other particulars of a kind prescribed by the regulations.\n","sortOrder":29},{"sectionNumber":"Part 11","sectionType":"part","heading":"Miscellaneous","content":"Part 11—Miscellaneous\n109—Delegation\n\t(1)\tThe Minister may delegate powers or functions under this Act to any person.\n\t(2)\tA delegation under this section may, if the instrument of delegation so provides, be further delegated.\n110—Confidentiality\n\t(1)\tA person engaged, or formerly engaged, in the administration of this Act must not divulge or communicate any information relating to trade processes or financial information obtained (whether by that person or otherwise) in the course of official duties except—\n\t(a)\tas required or authorised by or under this Act or any other Act or law; or\n\t(b)\twith the consent of the person to whom the information relates; or\n\t(c)\tin connection with the administration of this Act; or\n\t(d)\tto an agency or instrumentality of this State, the Commonwealth or another State or Territory of the Commonwealth for the purpose of the performance of its functions.\nMaximum penalty: $10 000.\n\t(2)\tSubsection (1) does not prevent disclosure of statistical or other data that could not reasonably be expected to lead to the identification of any person to whom it relates.\n\t(3)\tIf the Minister publishes information in accordance with this Act, the Minister may exclude from publication information that the Minister considers to be—\n\t(a)\tpersonal information of a confidential nature; or\n\t(b)\tinformation the publication of which—\n\t(i)\twould otherwise be contrary to the public interest; or\n\t(ii)\twould be inappropriate for such other reason as the Minister thinks fit.\n111—Exemptions\n\t(1)\tIf the Minister is satisfied that circumstances exist that justify so doing, the Minister may, by notice in the Gazette—\n\t(a)\texempt a licensee from complying with a term or condition of their licence; or\n\t(b)\texempt a person from the operation of this Act or a specified provision of this Act; or\n\t(c)\texempt an activity or a class of activity from requiring authorisation under this Act.\n\t(2)\tThe Minister must, before issuing an exemption under this section, have regard to the criteria prescribed by the regulations for the purposes of this section.\n\t(3)\tAn exemption under this section—\n\t(a)\tmay be granted absolutely or on conditions; and\n\t(b)\tbe of general or limited application; and\n\t(c)\tmake different provision according to the matters or circumstances to which the exemption is expressed to apply; and\n\t(d)\tremains in force for a period determined by the Minister and specified in the written notice.\n112—Charge on property if debt due to Crown\n\t(1)\tThis section applies to property (other than real property) if the owner of the property is liable to pay a debt due to the Crown under this Act.\n\t(2)\tA charge on the property to secure payment of the debt to the Crown is created by force of this section.\n\t(3)\tA charge created on property under subsection (2)—\n\t(a)\thas priority over any other interest in the property (including a security interest within the meaning of the Personal Property Securities Act 2009 of the Commonwealth); and\n\t(b)\thas priority over all other encumbrances; and\n\t(c)\tis not affected by a change in ownership of the property.\n\t(4)\tSection 73(2) of the Personal Property Securities Act 2009 of the Commonwealth applies to the charge.\n\t(5)\tThe charge remains in force until the debt is paid in full or otherwise discharged.\n113—Avoidance of duplication of certain procedures required under Commonwealth law\n\t(1)\tThe purpose of this section is to avoid unnecessary duplication of procedures and compliance requirements under a relevant Act and this Act where an activity requires authorisation under this Act and approval or assessment under a relevant Act.\n\t(2)\tDespite any other provision of this Act, the Minister may—\n\t(a)\taccept a document created pursuant to a relevant Act as an application, notice or other document for the purposes of this Act if (subject to subsection (5)) the document complies with the requirements of this Act; and\n\t(b)\tdirect that a procedure taken under a relevant Act in relation to a document created pursuant to a relevant Act that has been accepted by the Minister under paragraph (a) will be taken to have fulfilled the requirement for a procedure in relation to the relevant document under this Act if the requirements of this Act in relation to the procedure have been complied with; and\n\t(c)\tinstead of the Minister, or some other person, preparing a plan, report, statement, assessment or other document under this Act, adopt or accept the whole or part of a document (whether a plan, report, statement, assessment or other document of the same kind or not) used, or to be used, for the purposes of the relevant Act as the document required under this Act if (subject to subsection (5)) the document has been prepared in compliance with this Act and complies with the requirements of this Act.\n\t(3)\tTo avoid doubt, if a controlled action under the Commonwealth Act is an activity or part of an activity, or includes an activity, for which a licence is required under this Act, the Minister, when considering—\n\t(a)\tan application for a licence for the activity; or\n\t(b)\twhether to approve a statement (or revised statement) of environmental objectives,\nmay use information and other material provided to the Commonwealth Minister under the Commonwealth Act for the purpose of deciding whether to give their approval to the controlled action under that Act.\n\t(4)\tIf a controlled action under the Commonwealth Act (within the meaning of that Act) is an activity or part of an activity, or includes an activity, for which a licence is required under this Act, the Minister—\n\t(a)\tmust, if the Commonwealth Minister has given their approval to the controlled action, consider whether—\n\t(i)\tthe discretionary conditions (if any) to be attached to the licence; or\n\t(ii)\tthe conditions or requirements of the statement or revised statement of environmental objectives approved by the Minister in relation to the activity authorised by the licence,\nshould be consistent with the conditions (if any) attached to the Commonwealth Minister's approval under the Commonwealth Act; and\n\t(b)\tmay determine that—\n\t(i)\tthe licence will be subject to a condition; or\n\t(ii)\ta statement or revised statement of environmental objectives approved by the Minister in relation to the activity authorised by the licence should include a condition or requirement,\nrequiring compliance with all or some of the conditions attached to the Commonwealth Minister's approval under the Commonwealth Act.\n\t(5)\tA document accepted or adopted under subsection (2)—\n\t(a)\tmay be in a form that does not comply with the requirements of this Act; and\n\t(b)\tmay include information or other material that is irrelevant for the purposes of this Act.\n\t(6)\tOnce a document is accepted or adopted under subsection (2) or a direction has been given in relation to a procedure under subsection (2)(b), the document or procedure will not be invalid or ineffective for the purposes of this Act because a court, tribunal or other authority has decided that it is invalid or ineffective for the purposes of the relevant Act.\n\t(7)\tIn this section—\nCommonwealth Act means the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth;\nlicence includes a renewable energy feasibility permit;\nrelevant Act means—\n\t(a)\tthe Commonwealth Act; or\n\t(b)\tthe Petroleum and Geothermal Energy Act 2000; or\n\t(c)\tthe Planning, Development and Infrastructure Act 2016; or\n\t(d)\tthe Work Health and Safety Act 2012; or\n\t(e)\tany other Act prescribed by the regulations for the purposes of this definition.\n114—Administrative penalties\n\t(1)\tThis section applies to any provision of this Act at the foot of which the words \"Administrative penalty\" appear.\n\t(2)\tIf a person who is a holder or former holder of a licence is alleged to have contravened a provision to which this section applies, the Minister may, by written notice to the person, impose an administrative penalty on the person (and the Minister may act under this subsection without prior consultation with the person and without the need to give a warning or any prior notice in relation to the matter).\n\t(3)\tThe amount of an administrative penalty is an amount (not exceeding $15 000) prescribed by regulation in relation to the relevant provision.\n\t(4)\tAn administrative penalty may be recovered as a debt due to the Crown.\n\t(5)\tAn amount recovered as an administrative penalty under this section will be paid into the Fund.\n\t(6)\tIf an administrative penalty has been imposed in relation to a particular act or default, the same act or default cannot be made the subject of proceedings for an offence against this Act and if proceedings for an offence against this Act have been brought in relation to a particular act or default, an administrative penalty cannot be imposed for the same act or default.\n115—Regulations and fee notices\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting subsection (1), the regulations may—\n\t(a)\texempt a person, or a class of persons, or an activity or a class of activity, from the operation of this Act or a specified provision of this Act; and\n\t(b)\tset out a process to be undertaken by the Minister before granting an exemption of a kind described in paragraph (a); and\n\t(c)\tprovide that a provision of this Act applying to licences or licensees applies to a permit or the holder of a permit; and\n\t(d)\tprescribe a penalty, not exceeding $20 000, for contravention of a regulation; and\n\t(e)\tprescribe an expiation fee, not exceeding $7 500, in respect of any offence against this Act or the regulations; and\n\t(f)\tbe of general or limited application; and\n\t(g)\tmake different provision according to the matters or circumstances to which they are expressed to apply; and\n\t(h)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or any other specified person or body.\n\t(3)\tThe Governor may, by regulation—\n\t(a)\tmake provisions of a saving or transitional nature consequent on the enactment of this Act, the amendment of this Act by another Act or on the commencement of specified provisions of this Act or on the making of regulations under this Act; or\n\t(b)\tmodify the operation of Schedule 1 or any Act or law relating to the matters dealt with in that Schedule.\n\t(4)\tA provision of a regulation made under subsection (3) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.\n\t(5)\tTo the extent to which a provision takes effect under subsection (4) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\n\t(6)\tThe Minister may prescribe fees for the purposes of this Act (including an annual fee payable by a licensee) by fee notice under the Legislation (Fees) Act 2019.\n116—Review of Act\n\t(1)\tThe Minister must, on the fifth anniversary of the commencement of this Act and every 5 years after that commencement, cause a review to be undertaken on the operation of this Act.\n\t(2)\tThe Minister must cause a report on the outcome of the review to be tabled in both Houses of Parliament within 12 sitting days after its completion.\n","sortOrder":30},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Related amendments and transitional provisions","content":"Schedule 1—Related amendments and transitional provisions\nPart 1—Amendment of Mining Act 1971\n1—Amendment of section 6—Interpretation\nSection 6(1), definition of owner of land—after paragraph (d) insert:\n\t\tor\n\t(e)\ta person who holds a licence or permit under the Hydrogen and Renewable Energy Act 2023; or\n2—Amendment of section 9—Exempt land\nSection 9(1)—after paragraph (c) insert:\n\t(ca)\tland that is situated within a distance prescribed by the regulations for the purposes of this paragraph from infrastructure (other than infrastructure of a prescribed kind) that is being constructed, installed, operated, maintained or decommissioned pursuant to the Hydrogen and Renewable Energy Act 2023; or\n3—Amendment of section 58A—Notice requirements\nSection 58A(9)—delete subsection (9) and substitute:\n\t(9)\tIf a notice is to be given in respect of land that is held under—\n\t(a)\ta form of title (other than a licence under the Petroleum and Geothermal Energy Act 2000) that confers a right to exclusive possession of the land; or\n\t(b)\ta hydrogen generation licence, a renewable energy infrastructure licence, an associated infrastructure licence or a special enterprise licence under the Hydrogen and Renewable Energy Act 2023 in relation to which an approved statement of environmental objectives within the meaning of that Act is in force; or\n\t(c)\ta pastoral lease,\nthe following provisions apply:\n\t(d)\tthe notice must contain a statement of the owner of land's rights of objection and compensation under this Act;\n\t(e)\tthe owner of land may, within 3 months after service of the notice, lodge a notice of objection with the appropriate court objecting—\n\t(i)\tto entry on the land by the person who served the notice; or\n\t(ii)\tto the use, or the unconditional use, of the land, or a portion of the land, for authorised operations.\nPart 2—Amendment of Pastoral Land Management and Conservation Act 1989\n4—Amendment of section 3—Interpretation\n\t(1)\tSection 3(1)—after the definition of Aboriginal person insert:\nassociated infrastructure activity and associated infrastructure licence have the same respective meanings as in the Hydrogen and Renewable Energy Act 2023;\n\t(2)\tSection 3(1)—before the definition of ILUA insert:\nhydrogen generation facility and hydrogen generation licence have the same respective meanings as in the Hydrogen and Renewable Energy Act 2023;\n\t(3)\tSection 3(1)—after the definition of rehabilitation insert:\nrenewable energy infrastructure and renewable energy licence have the same respective meanings as in the Hydrogen and Renewable Energy Act 2023;\n\t(4)\tSection 3(1), definition of solar energy facility—delete the definition\n\t(5)\tSection 3(1), definitions of wind farm and wind farm licence—delete the definitions\n5—Amendment of section 4—Objects\nSection 4(f)—delete \"wind farms\" and substitute:\nrenewable energy infrastructure and the undertaking of associated infrastructure activities\n6—Amendment of section 9—Pastoral Land Management Fund\nSection 9(2)(ab)—delete paragraph (ab)\n7—Amendment of section 22—Conditions of pastoral leases\n\t(1)\tSection 22(1)(a)(v)—after subsubparagraph (D) insert:\n\t\tand\n\t(E)\tthe Hydrogen and Renewable Energy Act 2023; and\n\t(2)\tSection 22(1)(a)(vii)—delete subparagraph (vii)\n\t(3)\tSection 22(1)(c)(iii)—delete subparagraph (iii) and substitute:\n\t(iii)\tthe right of a Minister to whom the administration of the Hydrogen and Renewable Energy Act 2023 is committed to grant a renewable energy licence or an associated infrastructure licence under that Act.\n\t(4)\tSection 22(8)—delete subsection (8)\n8—Amendment of section 31—Alteration of boundaries\nSection 31(1a)(a) and (b)—delete \"solar energy facility\" wherever occurring and substitute in each case:\nhydrogen generation facility or an associated infrastructure activity\n9—Amendment of section 32—Resumption of land\nSection 32(3)(a)—delete \"solar energy facility\" and substitute:\nhydrogen generation facility or an associated infrastructure activity\n10—Amendment of section 39—Compensation\nSection 39—after subsection (2) insert:\n\t(3)\tIf the resumption of pastoral land is for the purposes of a hydrogen generation facility or an associated infrastructure activity, the Minister may recover the amount of the compensation that the Minister is liable to pay under this section from the holder of, or the applicant for, the relevant hydrogen generation licence or associated infrastructure licence (as the case may be).\n11—Repeal of Part 6 Division 4\nPart 6 Division 4—delete the Division\nPart 3—Amendment of Petroleum and Geothermal Energy Act 2000\n12—Amendment of section 4—Interpretation\nSection 4(1), definition of owner of land—after paragraph (e) insert:\n\t(ea)\ta person who holds a licence under the Hydrogen and Renewable Energy Act 2023;\nPart 4—Amendment of Planning, Development and Infrastructure Act 2016\n13—Amendment of heading to Part 12\nHeading to Part 12—after \"Mining\" insert:\nand renewable energy\n14—Amendment of section 160—Mining tenements to be referred in certain cases to Minister\n\t(1)\tSection heading—delete \"Mining tenements\" and substitute:\nMining and renewable energy matters\n\t(2)\tSection 160(1), definition of appropriate authority—delete \"the Minister of the Crown for the time being administering the Mining Acts\" and substitute:\n—\n\t(a)\tin the case of a matter referred to in paragraph (a) or (b) of the definition of designated matter or operations under a mining production tenement—a Minister to whom the administration of the Mining Acts are committed; or\n\t(b)\tin the case of a matter referred to in paragraph (c) or (d) of the definition of designated matter or operations under a licence under the Hydrogen and Renewable Energy Act 2023—a Minister to whom the administration of the Hydrogen and Renewable Energy Act 2023 is committed;\n\t(3)\tSection 160(1), definition of designated mining matter—delete \"mining\"\n\t(4)\tSection 160(1), definition of designated mining matter—after paragraph (b) insert:\n\t\tor\n\t(c)\tan application for a licence under the Hydrogen and Renewable Energy Act 2023; or\n\t(d)\ta proposed statement of environmental objectives under the Hydrogen and Renewable Energy Act 2023;\n\t(5)\tSection 160(1)—after the definition of designated mining matter insert:\nrelevant licence means—\n\t(a)\ta mining production tenement; or\n\t(b)\ta licence under the Hydrogen and Renewable Energy Act 2023.\n\t(6)\tSection 160(2)—delete \"mining\" wherever occurring\n\t(7)\tSection 160(3)—after \"Mining Acts\" insert:\nor the Hydrogen and Renewable Energy Act 2023 (as the case may be)\n\t(8)\tSection 160(3)—delete \"mining\"\n\t(9)\tSection 160(4)—delete \"in pursuance of a mining production tenement\" and substitute:\nunder a relevant licence\n\t(10)\tSection 160(5)—delete \"mining\" first occurring\n\t(11)\tSection 160(5)—delete \"mining production tenement\" wherever occurring and substitute in each case:\nrelevant licence\n\t(12)\tSection 160(7)—delete \"mining\" wherever occurring\n15—Amendment of section 161—Related matters\n\t(1)\tSection 161(1)—delete subsection (1) and substitute:\n\t(1)\tThis Part does not limit the ability of the Minister to make a declaration under section 108(1)(c) with respect to 1 or more of the following:\n\t(a)\tproposed mining operations on a mining tenement;\n\t(b)\tproposed development associated with operations to be conducted under a relevant licence;\n\t(c)\tregulated activities within the meaning of the Hydrogen and Renewable Energy Act 2023.\n\t(2)\tSection 161(2)—after \"mining operations\" insert:\nor relevant regulated activities (as the case may be)\n\t(3)\tSection 161(3)—after \"Mining Acts\" insert:\nor operations undertaken pursuant to the Hydrogen and Renewable Energy Act 2023 (other than operations undertaken pursuant to Schedule 1 Part 5 of that Act)\n\t(4)\tSection 161—after subsection (3) insert:\n\t(3a)\tTo avoid doubt, operations undertaken pursuant to the Hydrogen and Renewable Energy Act 2023 do not include operations undertaken pursuant to an exemption from authorisation under that Act.\n\t(5)\tSection 161(5)—after \"Mining Acts\" insert:\nor the Hydrogen and Renewable Energy Act 2023\n\t(6)\tSection 161—after subsection (5) insert:\n\t(6)\tIn this section—\nrelevant licence has the same meaning as in section 160.\nPart 5—Transitional provisions\n16—Interpretation\n\t(1)\tIn this Part—\nassociated infrastructure means—\n\t(a)\ta hydrogen power plant; or\n\t(b)\tports, wharves or jetties associated with the import or export of hydrogen or renewable energy; or\n\t(c)\tdesalination plant used for the primary purpose of supplying water used in generating hydrogen; or\n\t(d)\tinfrastructure of a kind associated with regulated activities prescribed by the regulations for the purposes of this definition,\nbut does not include infrastructure of a kind excluded from the ambit of this definition by the regulations;\ndevelopment authorisation has the same meaning as in the Planning, Development and Infrastructure Act 2016;\nexisting operator means a person who, immediately before the commencement of this Part, is lawfully operating renewable energy infrastructure, associated infrastructure or a hydrogen generation facility;\nnew operator means a person who, on the commencement of this Part, holds a development authorisation in respect of the establishment and operation of renewable energy infrastructure, associated infrastructure or a hydrogen generation facility but has not commenced operation of the infrastructure or facility;\nprescribed day means the day prescribed by the Minister by notice in the Gazette for the purposes of clause 17(3);\nrelevant licence means—\n\t(a)\ta hydrogen generation licence; or\n\t(b)\ta renewable energy infrastructure licence; or\n\t(c)\tan associated infrastructure licence;\nrelevant period means the period beginning on the day on which this Part commences and ending—\n\t(a)\ton the expiration of the period of 6 months after the commencement of this Part; or\n\t(b)\tif, during the period of 6 months referred to in paragraph (a), the person applies for a relevant licence in accordance with this Part—on the day on which the application for the relevant licence is determined.\n\t(2)\tThe regulations may specify circumstances in which renewable energy infrastructure, associated infrastructure or a hydrogen generation facility will, or will not, be taken to be in operation for the purposes of this Part.\n17—Transitional provisions\n\t(1)\tAn existing operator does not, during the relevant period, require a licence or permit under this Act to continue operating the renewable energy infrastructure, hydrogen generation facility or associated infrastructure.\n\t(2)\tA new operator does not require a licence or permit under this Act to complete the development of the renewable energy infrastructure, hydrogen generation facility or associated infrastructure that is the subject of the development authorisation but must not commence operation of the infrastructure or facility unless they are granted a relevant licence.\n\t(3)\tIf, on or before the prescribed day, a person has applied for a development authorisation in respect of the establishment and operation of renewable energy infrastructure, a hydrogen generation facility or associated infrastructure but has not, on the commencement of this Part, had the application determined—\n\t(a)\tthe application may be determined and dealt with under the law of the State as if this Act had not been enacted; and\n\t(b)\tif the development authorisation is granted, the person is then taken to be a new operator for the purposes of this clause.\n\t(4)\tDespite any other provision of this Act, an application for a relevant licence made by an existing operator or a new operator—\n\t(b)\tmust be accompanied by an operational management plan; and\n\t(c)\tmust be accompanied by such other information as may be prescribed by the regulations; and\n\t(d)\tmust be accompanied by the prescribed fee.\n\t(5)\tThe Minister may require the applicant to provide the Minister with additional information specified by the Minister (and that information must be provided within the period specified by the Minister).\n\t(6)\tThe Minister must, if satisfied that the operational management plan submitted by a relevant person in an application under subclause (4) complies with the requirements of Part 4 Division 4 Subdivision 4 (other than requirements relating to a statement of environmental objectives), grant to the person a relevant licence, subject to—\n\t(a)\tany conditions deemed to be included in the licence in accordance with subclause (8); and\n\t(b)\tsuch other conditions as the Minister thinks fit.\n\t(7)\tSubclause (6) operates despite any provision of Part 4 that would otherwise require the Minister to be satisfied that the grant of a relevant licence is authorised by a native title agreement or that the licence must not be granted without the agreement or concurrence of any other person.\n\t(8)\tThe conditions of a relevant licence granted under this clause will be deemed to include the conditions determined by the Minister and specified in the licence as being those applicable to the development authorisation that was granted in respect of the renewable energy infrastructure, hydrogen generation facility or associated infrastructure (and after the grant of the relevant licence such conditions may be enforced under this Act instead of the Planning, Development and Infrastructure Act 2016).\n\t(9)\tIf the Minister grants an application for a licence under this clause, the prescribed information in relation to the licence must be entered on the register.\n\t(10)\tTo avoid doubt, a relevant licence granted under this clause does not confer on the licensee a right to enter and use any land.\n\t(11)\tA provision of this Act relating to designated land does not apply in relation to land within the licence area of a relevant licence granted under this clause (even if land within the licence area comprises designated land).\n\t(12)\tWithout limiting any other power to make regulations in this Act, regulations made for the purposes of this clause may provide—\n\t(a)\tthat a specified provision of the Act does not apply in relation to the grant or renewal of a relevant licence under this clause; or\n\t(b)\tthat a specified provision of the Act may operate in relation to the grant or renewal of a relevant licence under this clause in a modified way; or\n\t(c)\tthat a term or condition of a relevant licence granted under this clause may apply for a specified period or for the term of the relevant licence.\n\t(13)\tThe Minister may, by notice in writing to a relevant person, exempt the person from a specified requirement of this Act.\n\t(14)\tAn exemption under subclause (13)—\n\t(a)\tmay be granted absolutely or on conditions; and\n\t(b)\tremains in force for a period determined by the Minister and specified in the written notice.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\nHydrogen and Renewable Energy Act 2023 \n23.11.2023\n11.7.2024 (Gazette 11.7.2024 p2114)\nBiodiversity Act 2025\n26.6.2025\nSch 5 (cl 31)—uncommenced\n","sortOrder":31}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"This Act goes beyond a narrow facilitation tool and establishes a comprehensive, standalone regulatory framework for hydrogen and renewable energy projects across land and coastal waters. Compared with a simple promotion-style measure, it: (a) creates multiple exclusive licence categories and long-term infrastructure tenure (including 50‑year renewable infrastructure licences, s20); (b) centralises substantial decision-making and exemption powers in the Minister and (for special enterprises) in the Governor (s26–30, s111); (c) inserts itself into existing land, mining, pastoral and planning legislation by amending those Acts (Schedule 1), thereby broadening the statutory architecture that governs resource and land use; and (d) introduces detailed environmental, access, reporting and enforcement regimes that regulate day-to-day operations (s60–68, s40–42, Parts 7–8). Those features meaningfully expand the legislative scope from mere facilitation to a full regulatory, permitting, land‑access and enforcement regime for the sector."},"complexity_factors":["Lengthy Act with 116 substantive sections plus an extensive Schedule of cross‑amendments and transitional provisions","Large interpretation section (s4) introducing dozens of defined terms and cross‑referenced concepts (e.g. designated land, regulated activity, licence types)","Multiple licence/permit categories and distinct procedural rules for each (permit, 6 licence types, plus special enterprise) (Parts 2–4)","Numerous conditional pathways and nested conditions (e.g. native title preconditions, designated land rules, release area tender exclusivity, differing terms for on‑land vs coastal licences)","Extensive ministerial discretion to grant, condition, vary and exempt (including power to exempt/modify the Act for special enterprises) (s26–30, s111)","Complex environmental approval architecture with several sequential documents: environmental impact report, statement of environmental objectives, operational management plan and scoping reports, plus mandatory public consultation and prescribed referral bodies (s60–74)","Multiple enforcement threads: criminal sanctions, civil penalties, administrative penalties, compliance and emergency directions, enforceable voluntary undertakings and ERD Court remedies (Parts 7–8)","Cross‑references and amendments to at least four other Acts (Mining Act 1971; Pastoral Land Management and Conservation Act 1989; Petroleum and Geothermal Energy Act 2000; Planning, Development and Infrastructure Act 2016) in Schedule 1","Transitional arrangements creating different rules for existing and new operators and allowing ministerial discretion to modify application of the Act in transition (Schedule 1 Part 5, cl 16–17)","Detailed land‑access and compensation regime integrated with ERD Court dispute resolution (s40–42, s76–81)"],"plain_english_summary":"**What this law does (mechanics first)\n\n- Creates a single, state-level licensing and regulatory regime for commercial hydrogen generation and for exploration, feasibility work and the construction/operation of renewable energy infrastructure across South Australia and the State's coastal waters (see objects (s3) and regulated activities (s12)).\n\n- Introduces multiple authorisation types, each with rules and conditions: a short-term renewable energy feasibility permit (s8–9), renewable energy feasibility licences (s17–18), renewable energy infrastructure licences (s19–20), hydrogen generation licences (s14–15), renewable energy research licences (s21–22), associated infrastructure licences (s23–24), and a bespoke \"special enterprise\" licence route for projects deemed of major State significance (s25–30).  \n\n- Lets the Minister declare \"release areas\" (specified tracts of designated land suitable for renewable infrastructure) and run competitive calls for feasibility-licence tenders inside them (s10–11). Successful tenderers get exclusive rights to apply for feasibility licences within that release area (s11(6)).\n\n- Requires licences for the listed regulated activities (generating hydrogen for commercial purposes; exploring, exploiting and transmitting renewable energy; infrastructure activities) unless an exemption applies (s12–13). Exploring on non‑designated land is explicitly exempt (s13(2)).\n\n- Provides detailed land‑access and compensation rules: licence holders generally get rights to enter and use \"designated land\" but must negotiate access agreements with pastoral lessees and other prescribed owners (access agreement scheme s40–42). Owners who suffer loss are entitled to compensation; holders of certain resources tenements have protections against material diminishment of their rights (s79–80). Notices, objection processes and ERD Court dispute pathways are set out for entry and commencement of operations (s76–78).\n\n- Establishes an environmental assessment and management regime tied to licensing: the Minister must set environmental impact assessment criteria (s60); applicants may need an environmental impact report (s61); a licensed project cannot proceed unless an approved statement of environmental objectives (SEOs) is in force (s62–65) and an operational management plan (OMP) is approved (s66–68). The Act also provides for scoping reports and public consultation (s69–74).\n\n- Imposes compliance tools and penalties: authorised officers have inspection, sampling and information‑gathering powers (s84–89); the Minister can issue compliance or emergency directions (s90–91) and enforce by criminal penalties, civil penalties, administrative penalties and ERD Court orders (Parts 7–8). Many contraventions carry substantial monetary penalties and some carry imprisonment (see s13(1), s47, s90, s98–105).\n\n- Adds commercial and administrative detail: bonds and securities (s43), rent payable on designated land and special enterprise licences (s45), public liability insurance (s48), reporting obligations and incident reporting (s46–47), change‑of‑control approval (s51–53), rules for transfer of licences (s50) and a public register of licences and environmental documents (s108).\n\n- Creates a Hydrogen and Renewable Energy Fund to receive penalties and fees and to finance related research, heritage protection and other purposes (s82).\n\n- Gives the Minister broad discretions: to grant/ refuse/condition licences (s36, s38), to exempt or modify how the Act applies to a special enterprise (s29), to accept or adopt Commonwealth documents to avoid duplication (s113), and to delegate powers (s109). Special enterprise agreements must be ratified by the Governor and can provide tailored tenure and exemption arrangements (s26–29).\n\nWhy the Act matters (official purpose, then implications)\n\n- Official purpose: the objects list emphasises facilitating and regulating renewable energy and hydrogen projects, encouraging competition for access to land, engagement with Aboriginal people and regional communities, economic development (including a hydrogen industry), environmental sustainability and public safety (s3).\n\n- Practical implications and who is affected:\n  - Project developers and investors: new licensing pathway, long‑term infrastructure licences (standardly up to 50 years, s20), ability to secure exclusive rights inside release areas (s11) and the special enterprise pathway offering bespoke tenure and possible exemptions (s25–30). That increases regulatory certainty for successful proponents but also requires pre‑application work (work programs, EIR/SEO/OMP) and financial security (bonds, insurance, rent) (s39, s61–68, s43, s48, s45).\n  - Landholders and pastoral leaseholders: licences can confer rights to enter and use designated land; access agreements are mandatory for pastoral land (s40–42). Compensation provisions cover economic loss and loss of rights (s79–81), but licence area enlargements on designated land are restricted (s49(2)).\n  - Native title holders and registered native title bodies: grants or renewals over native title land require a native title agreement or must be valid under the Commonwealth Native Title Act (s8(5), s17(4), s19(6), s33). The Act preserves obligations to consult and obtain native title authorisations.\n  - Existing mining, petroleum and fisheries interests: the Act cross‑amends and interfaces with the Mining Act 1971, Pastoral Land Act, Petroleum and Geothermal Energy Act and the Planning Act (Schedule 1). Holders of resource tenements receive notice protections; overlapping uses are subject to ERD Court determinations and compatibility tests (s37, Schedule 1).\n\nCosts, incentives and trade‑offs (mechanisms, not political claims)\n\n- Who pays: applicants/licensees carry the direct compliance costs — application fees, work program and environmental studies, bonds and securities (s31, s39, s43), ongoing reporting obligations and insurance premiums (s46, s48), rent on designated land (s45), and compensation where operations cause loss (s79–80). Penalties and administrative fines flow to the Fund (s82, s101, s114).\n\n- Who decides: the Minister has wide decision‑making authority — to set licence terms, approve SEOs and OMPs, set environmental criteria, declare release areas and to grant tailored exemptions for special enterprises (see s36, s60–68, s10, s29–30). The Governor must ratify special‑enterprise agreements (s26). The ERD Court is the primary independent review and enforcement forum for many disputes and appeals (s36(3), Part 8, s107).\n\n- Incentives and trade‑offs: the Act creates incentives for large, long‑term capital investment (50‑year infrastructure licences, special enterprise route) while imposing substantial upfront regulatory and compliance requirements (EIR/SEO/OMP, bonds, community consultation). The special enterprise path centralises the ability to tailor or exempt regulatory requirements (s29)—a mechanism that concentrates benefit potential in successful proponents but depends on Ministerial and Governor approval processes. The Act also seeks to reduce duplication with Commonwealth approvals (s113), lowering administrative cost if used.\n\n- Implementation and compliance risks: extensive ministerial discretion (granting, conditioning, exempting) can accelerate approvals but raises predictability risk for applicants unless guidelines and regulations tightly specify criteria (s26–29, s111). Complex overlapping‑use rules and native title preconditions create conditional pathways that can lengthen approval timelines (s17(4), s19(6), s33). The Act relies on subordinate regulations for many procedural details (s115), so key operational rules will be in regulation rather than in the Act itself.\n\nKey sections to consult quickly: regulated activities and licensing requirement (s12–13); licence categories (s14–29); access agreements and compensation (s40–42, s79–80); environmental approvals (s60–68); compliance powers and penalties (s84–101); Ministerial exemption and special enterprise powers (s25–30); register and Fund (s108, s82)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not accessible. No comparison between original intent and enacted provisions is possible from the content provided."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404-style 'Page Not Found' error","Only the Act's title is available for analysis","Any complexity score assigned to the actual Act would be speculative without its provisions","Score of 1 reflects the complexity of what was actually provided (a broken webpage), not the likely complexity of the underlying Act"],"plain_english_summary":"**⚠️ Content Unavailable**\n\nThe actual text of the **Hydrogen and Renewable Energy Act 2023 (SA)** could not be retrieved — the link provided returned a 'Page Not Found' error from the South Australian legislation website.\n\n**What we know from the title alone:**\n- This is a **South Australian state law** dealing with hydrogen energy and renewable energy projects\n- Based on publicly available information, it creates a licensing and regulatory framework for hydrogen production, renewable energy generation, and related activities on South Australian land (including Crown land)\n- It is likely relevant to **energy companies, landowners, investors, and communities** in SA involved in or affected by large-scale renewable or hydrogen projects\n\n**What you should do:**\n- Visit [legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for the Act by name\n- Email OPCWeb@sa.gov.au if the page fault persists\n\n*A full analysis cannot be responsibly provided without access to the actual legislative text.*"},"kimi_summary":{"_metrics":{"completionTokens":896},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its stated objects. It establishes a comprehensive but bounded regulatory framework for hydrogen and renewable energy, with the special enterprise licence mechanism (while flexible) explicitly limited to projects of 'major significance to the economy' requiring Governor ratification. The amendments to other Acts are directly related to coordinating land access and planning processes."},"complexity_factors":["116 sections plus Schedule with amendments to 4 other Acts","47 defined terms in interpretation section (section 4), many cross-referencing other legislation","6 distinct licence categories with different rules, terms, and renewal procedures","Nested conditional logic throughout — e.g., native title requirements trigger only if land 'comprises native title land that is subject to a native title declaration or is within the area of a claim that is registered in a native title register'","Multiple 'deemed' provisions and temporal references (e.g., section 4(2) with 4 sub-paragraphs about when 'designated land' is determined)","Extensive cross-referencing with Commonwealth Native Title Act 1993, and SA legislation including Pastoral Land Management, Petroleum and Geothermal Energy, Mining, and Planning Acts","Special enterprise licence provisions (sections 25-30) allow Minister to exempt from or modify Act requirements, creating conditional application of the whole scheme","Environmental impact assessment pathway with multiple stages: scoping report → environmental impact report → statement of environmental objectives → operational management plan, each with approval and review mechanisms","Governor-in-Council ratification required for special enterprise agreements (section 26)","Transitional provisions (Schedule 1 Part 5) with 'deemed' conditions and modified application of normal rules"],"plain_english_summary":"This South Australian law creates a comprehensive framework for developing hydrogen and renewable energy projects across the state and its coastal waters.\n\n**What it does:**\n\nThe Act establishes **six types of licences** for different activities:\n- **Hydrogen generation licence** — for building and operating facilities that produce hydrogen commercially (e.g., through electrolysis of water)\n- **Renewable energy feasibility licence** — for exploring whether renewable energy projects (solar, wind, etc.) are viable\n- **Renewable energy infrastructure licence** — for building and operating large-scale renewable energy projects (50-year term)\n- **Renewable energy research licence** — for testing new renewable energy technologies\n- **Associated infrastructure licence** — for supporting infrastructure like ports, desalination plants, or power plants\n- **Special enterprise licence** — a flexible licence for major projects of \"major significance to the economy,\" with powers to exempt from normal requirements\n\n**Key protections and requirements:**\n\n- **Environmental safeguards:** Every project needs approved environmental objectives, operational management plans, and may require environmental impact reports\n- **Land access:** Licensees must negotiate \"access agreements\" with landowners (including pastoral leaseholders) before entering land, with disputes resolvable by the Environment, Resources and Development (ERD) Court\n- **Native title:** Projects on Aboriginal land require agreements with traditional owners\n- **Compensation:** Landowners are entitled to compensation for economic loss or inconvenience from projects\n- **Public consultation:** Required for major decisions and environmental approvals\n\n**Who it affects:**\n- Energy companies wanting to build hydrogen or renewable projects\n- Landowners (especially pastoral leaseholders) whose land may be used\n- Aboriginal traditional owners with native title rights\n- Existing mining and resources operators (the Act coordinates with other resource laws)\n\n**Why it matters:**\nSouth Australia is positioning itself as a major hydrogen exporter and renewable energy hub. This law provides the \"rules of the game\" — giving investors certainty while protecting landowners, the environment, and Aboriginal heritage. It also amends four other Acts (Mining, Pastoral Land Management, Petroleum and Geothermal Energy, and Planning) to ensure these projects fit within existing land use systems.\n\n**Notable features:**\n- A **Hydrogen and Renewable Energy Fund** (funded by penalties and fees) supports research and Aboriginal heritage protection\n- **Authorised officers** can inspect sites and enforce compliance\n- The **ERD Court** handles appeals and disputes\n- **Transitional provisions** protect existing renewable energy operators while they apply for new licences"}},"importantCases":[],"_links":{"self":"/api/acts/hydrogen-and-renewable-energy-act-2023","history":"/api/acts/hydrogen-and-renewable-energy-act-2023/history","analysis":"/api/acts/hydrogen-and-renewable-energy-act-2023/analysis","conflicts":"/api/acts/hydrogen-and-renewable-energy-act-2023/conflicts","importantCases":"/api/acts/hydrogen-and-renewable-energy-act-2023/important-cases","documents":"/api/acts/hydrogen-and-renewable-energy-act-2023/documents"}}