{"id":"F2024L00685","name":"Offshore Electricity Infrastructure (Declared Area OEI-02-2024) Declaration 2024","slug":"offshore-electricity-infrastructure-declared-area-oei-02-2024-declaration-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442422,"registerId":"F2024L00685-fast-fetch-1775957438691","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Offshore Electricity Infrastructure (Declared Area OEI-02-2024) Declaration 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nOffshore Electricity Infrastructure (Declared Area OEI‑02‑2024) Declaration 2024\n\nI, Chris Bowen, Minister for Climate Change and Energy, make the following instrument.\n\n13 June 2024    \n\nChris Bowen\n\nMinister for Climate Change and Energy\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Declared area\n\n6  Conditions\n\nSchedule 1—Declared Area OEI-02-2024\n\nSchedule 2—Simplified map of declared area\n\n \n\n1  Name\n\n  This instrument is the Offshore Electricity Infrastructure (Declared Area OEI-02-2024) Declaration 2024.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under section 17 of the Offshore Electricity Infrastructure Act 2021.\n\n4  Definitions\n\nNote 1: A number of expressions used in this instrument are defined in section 8 of the Act, including the following:\n\n(a) Defence Minister;\n\n(b) feasibility licence;\n\n(c) licence area;\n\n(d) management plan;\n\n(e) offshore renewable energy infrastructure;\n\n(f) research and demonstration licence.\n\nNote 2: For the purposes of the Act, the position on the surface of the Earth of a point, a line or an area is to be determined by reference to the Geocentric Datum of Australia as defined in Gazette No. 35 of 6 September 1995 (GDA94 geocentric data set). See section 49 of the Offshore Electricity Infrastructure Regulations 2022.\n\n  In this instrument:\n\nAct means the Offshore Electricity Infrastructure Act 2021.\n\nAustralian Maritime Safety Authority means the Authority within the meaning of the Australian Maritime Safety Authority Act 1990.\n\nBureau of Meteorology means the Bureau within the meaning of the Meteorology Act 1955.\n\nCivil Aviation Safety Authority means CASA within the meaning of the Civil Aviation Act 1988.\n\nDeclared Area OEI-02-2024 means the area specified in Schedule 1.\n\nDepartment of Defence means the Department administered by the Defence Minister.\n\n5  Declared area\n\n (1) Declared Area OEI-02-2024 (the declared area) is declared for the purposes of the Act.\n\nSimplified map of declared area\n\n (2) Schedule 2 sets out a simplified map that shows the location of the declared area.\n\n6  Conditions\n\nNote: Licences will also be subject to other conditions: see sections 35, 45 and 54 of the Act.\n\n  A licence in relation to which the matters set out in column 1 of the following table are satisfied must be subject to the corresponding condition set out in column 2.\n\n \n\n- Conditions\n- Item Column 1Matters Column 2Conditions\n- 1 (a) the licence is a:(i) feasibility licence; or(ii) research and demonstration licence; and(b) the licence is granted in respect of the declared area or any part of the declared area. The licence holder must:(a) in preparing a management plan for the licence, consult:(i) the Australian Maritime Safety Authority; (ii) the Civil Aviation Safety Authority; and(b) in the management plan for the licence, address the outcomes of this consultation.\n- 2 (a) the licence is a:(i) feasibility licence; or(ii) research and demonstration licence; and(b) the licence is granted in respect of the declared area or any part of the declared area. The licence holder must:(a) in preparing a management plan for the licence, consult the Department of Defence; and(b) in the management plan for the licence, address the outcomes of this consultation, including how impacts may be avoided and mitigated.\n- 3 (a) the licence is a:(i) feasibility licence; or(ii) research and demonstration licence; and(b) the licence is granted in respect of the declared area or any part of the declared area. The licence holder must:(a) in preparing a management plan for the licence, consult the Bureau of Meteorology; and(b) in the management plan for the licence, address the outcomes of this consultation, including how impacts may be avoided, mitigated, or offset.\n- 4 (a) the licence is a feasibility licence;(b) the licence is granted in respect of the declared area or any part of the declared area; and(c) rights under one or more:(i) fishing concessions granted under the Fisheries Management Act 1991; or(ii) licences issued under the Fisheries Management Act 1994 (NSW); can be exercised in relation to any part, or parts, of the licence area. The licence holder must:(a) in preparing a management plan for the licence, consult:(i) in the case of a concession or licence holder that has nominated a representative organisation for the purposes of the consultation—the representative organisation; and(ii) in any other case—the concession or licence holder; where the concession or licence confers rights that can be exercised in relation to any part, or parts, of the licence area; and(b) in the management plan for the licence, address the outcomes of this consultation, including how impacts on these holders may be avoided, mitigated, or offset.\n\n\n \n\n\n\n\nSchedule 1—Declared Area OEI-02-2024\n\nDefinition of “Declared Area OEI-02-2024” in section 4.\n\nDatum\n\n \n\nThe coordinates in this instrument are expressed in terms of the Geocentric Datum of\n\nAustralia 1994.\n\n \n\nSchedule 1 – Declared Area OEI-02-2024 Part 1\n\n \n\nDeclared Area OEI-02-2024 consists of the line commencing at point OEI-02-2024-P1-1 in the following table and running along the geodesics sequentially connecting the points as described in the table and then along the geodesic to the point of commencement:\n\n \n\n| Item | Latitude | Longitude |\n| --- | --- | --- |\n| OEI-02-2024-P1-1 | 34° 36' 22.15\" S | 151° 07' 48.02\" E |\n| OEI-02-2024-P1-2 | 34° 20' 42.00\" S | 151° 10' 19.13\" E |\n| OEI-02-2024-P1-3 | 34° 14' 01.94\" S | 151° 19' 33.69\" E |\n| OEI-02-2024-P1-4 | 34° 13' 23.67\" S | 151° 24' 33.27\" E |\n| OEI-02-2024-P1-5 | 34° 19' 04.30\" S | 151° 31' 43.86\" E |\n| OEI-02-2024-P1-6 | 34° 27' 34.41\" S | 151° 24' 26.07\" E |\n| OEI-02-2024-P1-7 | 34° 40' 28.83\" S | 151° 17' 23.74\" E |\n| OEI-02-2024-P1-8 | 34° 40' 29.45\" S | 151° 11' 54.15\" E |\n| OEI-02-2024-P1-9 | 34° 37' 04.52\" S | 151° 12' 24.82\" E |\n| OEI-02-2024-P1-10 | 34° 35' 06.79\" S | 151° 13' 25.19\" E |\n| OEI-02-2024-P1-11 | 34° 35' 00.29\" S | 151° 12' 32.97\" E |\n| OEI-02-2024-P1-12 | 34° 35' 31.10\" S | 151° 12' 05.82\" E |\n| OEI-02-2024-P1-13 | 34° 36' 22.10\" S | 151° 11' 13.84\" E |\n| OEI-02-2024-P1-14 | 34° 36' 22.15\" S | 151° 08' 02.02\" E |\n\n\n \n\n\n\n\nSchedule 2—Simplified map of declared area\n\n \n\nSubsection 5(2)\n\n \n\n![Simplified map of declared area](image.002.jpeg)\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument amends the operational scope of the Offshore Electricity Infrastructure Act 2021 by declaring a specific offshore area (Declared Area OEI-02-2024) for the Act’s purposes and by imposing mandatory consultation and management-plan conditions on feasibility licences and research and demonstration licences granted in relation to that area (s5; s6; Schedule 1). In effect, it extends the Act’s practical coverage to the named geographic area and prescribes additional procedural requirements that apply within that area."},"complexity_factors":["Cross-references to the Offshore Electricity Infrastructure Act 2021 and its sections (s3; s6 note referencing ss35, 45, 54), requiring readers to consult the Act for full effect","Multiple distinct consultation obligations tied to different agencies and stakeholders (s6, items 1–4)","Geodetic specification of the declared area using a sequence of coordinates and a datum (Schedule 1; GDA94 reference)","Different licence types trigger different obligations (feasibility licence; research and demonstration licence) (s6, items 1–3) and an extra fisheries consultation rule for feasibility licences (s6, item 4)","Management-plan content linked to consultation outcomes but not fully prescribed, leaving implementation detail to licence processes (s6, column 2)","Reference to external legislation for affected interests (Fisheries Management Act 1991 and Fisheries Management Act 1994 (NSW) cited in s6, item 4), creating multi-regime coordination"],"plain_english_summary":"### What this instrument does (mechanically)\n\n- Declares a specific offshore area called “Declared Area OEI-02-2024” for the purposes of the Offshore Electricity Infrastructure Act 2021 (the Act) (s5, Schedule 1, Schedule 2).\n- Requires particular types of licences that are granted for that area to include specified consultation and management-plan obligations (s6, items 1–4).\n- Provides precise coordinates and a simplified map that define the geographic boundary of the declared area (Schedule 1; Schedule 2). The coordinates use the Geocentric Datum of Australia 1994 (Schedule 1).\n- Commencement: the instrument takes effect the day after it is registered (s2(1)).\n- Made by the Minister for Climate Change and Energy under s17 of the Act (s3).\n\n### Who is affected and who decides\n\n- Licence holders: the obligations fall directly on holders of feasibility licences and research and demonstration licences that are granted in respect of the declared area or any part of it (s6, items 1–3). Those licence holders must carry out consultations and address the outcomes in their management plans (s6, column 2).\n- Specific third parties to be consulted: Australian Maritime Safety Authority (AMSA), Civil Aviation Safety Authority (CASA), Department of Defence, Bureau of Meteorology (BoM), and holders of relevant fishing concessions or licences where those rights can be exercised in the licence area (s6, items 1–4).\n- The Minister declared the area under the authority cited (s3). The instrument does not itself grant licences; it sets conditions that must apply to licences granted for the declared area (s6).\n\n### What licence-holders must do (core compliance requirements)\n\n- Consult AMSA and CASA when preparing a management plan and address the outcomes of that consultation in the management plan (s6, item 1).\n- Consult the Department of Defence and address the outcomes in the management plan, including how impacts may be avoided and mitigated (s6, item 2).\n- Consult the Bureau of Meteorology and address the outcomes in the management plan, including how impacts may be avoided, mitigated, or offset (s6, item 3).\n- For feasibility licences where fishing concession or licence rights can be exercised in the licence area, consult the concession or licence holder (or their nominated representative organisation) and address the outcomes in the management plan, including how impacts on those holders may be avoided, mitigated, or offset (s6, item 4).\n\n### Purpose-claims in the instrument (attributed) and how they map to trade-offs\n\n- Purpose-claim (attributed to the instrument): to put a defined area under the Act and require licence holders working in that area to consult key safety, defence, meteorological and fisheries stakeholders and to address consultation outcomes in management plans (s5; s6). This is expressed mechanically by declaring the area and mandating consultation obligations for specified licence types.\n\n- Costs and who pays: the instrument places the direct cost of consultation, management-plan preparation and any mitigation/offset measures on the licence holder (s6, column 2 requires the licence holder to consult and address outcomes). Those are private compliance costs incurred by applicants or licence holders.\n\n- Incentives and behaviour change: by making consultation and management-plan obligations mandatory for feasibility and research/demo licences in the declared area, the instrument incentivises licence applicants to incorporate safety, defence, meteorological and fisheries considerations into project design earlier (s6). Applicants may alter site selection, timing, or project scope to reduce conflicts identified during consultation.\n\n- Trade-offs and opportunity costs: requiring consultation and mitigation likely increases pre-development time and expense for licence applicants (s6). The instrument also requires licence-holders to consider offsets (s6, items 2–3 and item 4), which may shift project resources into avoidance/mitigation rather than direct technical activity in the licence area.\n\n- Implementation risk and bureaucratic discretion: the instrument ties licence conditions to the content of management plans and the “outcomes” of consultations (s6, column 2). The quality of consultation and the degree to which consultation outcomes affect licensing outcomes will depend on how decision-makers apply the Act’s broader licensing rules and the contents of management plans. The instrument notes that licences will also be subject to other conditions under the Act (see sections 35, 45 and 54 of the Act) (s6, note), which indicates additional regulatory discretion outside this instrument.\n\n- Effects on third parties: holders of fishing concessions or licences who can exercise rights in the area are explicitly given a consultation role when a feasibility licence would overlap their rights; management plans must address impacts on them, including avoidance, mitigation or offset (s6, item 4). AMSA, CASA, Defence and BoM are prescribed consultees whose operational or safety concerns must be considered (s6, items 1–3).\n\n- Geospatial precision and legal boundaries: the declared area is set out by a sequential set of geodetic points and a simplified map (Schedule 1; Schedule 2). This creates a firm geographic trigger for when the licence-specific obligations apply (s5; Schedule 1).\n\n### Summary statement of mechanics and incentives\n\n- The instrument creates a named declared area for the Act, pins precise coordinates and a map to that area, and mandates that feasibility licences and research and demonstration licences granted for that area must incorporate specified consultations and respond to those consultations in their management plans (s5; s6; Schedule 1; Schedule 2). The direct financial and administrative burden of these requirements rests with licence applicants and holders (s6). The ultimate effect mechanically is to make consultation and management-plan outcomes a compulsory part of licensing for the declared area, while leaving other licensing conditions and implementation detail to the Act and its decision-makers (s6 note referencing ss35, 45, 54 of the Act)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by the enabling Act: declaring a specific offshore area for renewable energy development and attaching tailored consultation conditions. It has not expanded beyond the original legislative scheme."},"complexity_factors":["Short, single-purpose instrument (8 pages including schedules)","Only 6 operative sections plus 2 schedules","Minimal defined terms (4 explicit definitions, with references to Act definitions)","Simple conditional structure: table-based conditions in section 6 with clear 'if X, then Y' logic","No nested exceptions or complex cross-referencing beyond standard Act references","Technical complexity limited to geospatial coordinates in Schedule 1 (standard for maritime declarations)","Straightforward administrative mechanism under clear statutory authority (section 17 of the Offshore Electricity Infrastructure Act 2021)"],"plain_english_summary":"This is a **declaration that opens up a specific patch of ocean off the coast of New South Wales** for offshore renewable energy projects—things like offshore wind farms.\n\n**What it does**\n- **Declares an area** (called \"Declared Area OEI-02-2024\") in Commonwealth waters off the Illawarra region, roughly between Wollongong and Kiama. The exact boundaries are mapped using GPS coordinates.\n- **Allows companies to apply for licences** to explore or build offshore electricity infrastructure in this area. These are called \"feasibility licences\" (for testing if a project is viable) or \"research and demonstration licences\" (for smaller-scale trials).\n- **Attaches special conditions** to any licences granted for this area. Anyone who gets a licence must consult with specific government bodies when preparing their management plan (a document explaining how they'll run their project safely and responsibly).\n\n**Who must be consulted**\n- **Australian Maritime Safety Authority** (keeps shipping lanes safe)\n- **Civil Aviation Safety Authority** (protects aircraft flying overhead)\n- **Department of Defence** (ensures military operations aren't disrupted)\n- **Bureau of Meteorology** (considers weather impacts)\n- **Fishing licence holders** (if their fishing rights overlap with the project area)\n\n**Why it matters**\nThis is a practical step toward building Australia's offshore wind industry. It tells energy companies: \"This specific zone is now open for business, but if you want to operate here, you must talk to these stakeholders and address their concerns in your planning.\" It balances renewable energy development with existing uses of the ocean—shipping, aviation, defence, fishing, and weather monitoring.\n\n**Who it affects**\n- Energy companies wanting to develop offshore wind projects\n- Existing fishing operators in the region\n- Shipping, aviation, and defence interests\n- Local communities potentially affected by offshore development"}},"importantCases":[],"_links":{"self":"/api/acts/offshore-electricity-infrastructure-declared-area-oei-02-2024-declaration-2024","history":"/api/acts/offshore-electricity-infrastructure-declared-area-oei-02-2024-declaration-2024/history","analysis":"/api/acts/offshore-electricity-infrastructure-declared-area-oei-02-2024-declaration-2024/analysis","conflicts":"/api/acts/offshore-electricity-infrastructure-declared-area-oei-02-2024-declaration-2024/conflicts","importantCases":"/api/acts/offshore-electricity-infrastructure-declared-area-oei-02-2024-declaration-2024/important-cases","documents":"/api/acts/offshore-electricity-infrastructure-declared-area-oei-02-2024-declaration-2024/documents"}}