{"id":"F2022L01412","name":"Offshore Electricity Infrastructure (Regulatory Levies) Regulations 2022","slug":"offshore-electricity-infrastructure-regulatory-levies-regulations-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102802,"registerId":"commonwealth-F2022L01412-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Offshore Electricity Infrastructure (Regulatory Levies) Regulations 2022.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under the Offshore Electricity Infrastructure (Regulatory Levies) Act 2021.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n In this instrument:\n\n> Act means the Offshore Electricity Infrastructure (Regulatory Levies) Act 2021.\n\n> commercial licence has the same meaning as in the Offshore Electricity Infrastructure Act 2021.\n\n> feasibility licence has the same meaning as in the Offshore Electricity Infrastructure Act 2021.\n\n> holder, in relation to a licence, has the same meaning as in the Offshore Electricity Infrastructure Act 2021.\n\n> licence has the same meaning as in the Offshore Electricity Infrastructure Act 2021.\n\n> licence area, in relation to a licence, has the same meaning as in the Offshore Electricity Infrastructure Act 2021.\n\n> research and demonstration licence has the same meaning as in the Offshore Electricity Infrastructure Act 2021.\n\n> transmission and infrastructure licence has the same meaning as in the Offshore Electricity Infrastructure Act 2021.\n\n> vacated area, in relation to a licence, has the same meaning as in the Offshore Electricity Infrastructure Act 2021.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Amounts of levy","content":"## Part 2—Amounts of levy","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Levies imposed on holders of feasibility licences","content":"#### 5 Levies imposed on holders of feasibility licences\n\n For the purposes of subsection 8(2) and section 9 of the Act, the following table sets out:\n (a) the offshore electricity infrastructure levies that are imposed on a person who is the holder of a feasibility licence; and\n (b) the amounts of those levies; and\n (c) the periods for which those levies must be paid.\n\n```html\n

Levies imposed on holders of feasibility licences

Item

Kind of levy

Period for which levy must be paid

Amount of levy

1

Annual licence levy

Each period of 12 months for which the licence is held

$120,000 plus $1,000 for each 10 km2 (or part thereof) of licence area over 100 km2

2

Annual compliance levy

Each period of 12 months for which the licence is held

$100,000 plus $5,000 for each 10 km2 (or part thereof) of licence area over 100 km2

3

Annual Commonwealth levy

Each period of 12 months for which the licence is held

$513,342

\n```\n\n> Note: A period of 12 months for which the licence is held begins on the day the licence is granted or on an anniversary of that day.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Levies imposed on holders of commercial licences","content":"#### 6 Levies imposed on holders of commercial licences\n\n For the purposes of subsection 8(2) and section 9 of the Act, the following table sets out:\n (a) the offshore electricity infrastructure levies that are imposed on a person who is the holder of a commercial licence; and\n (b) the amounts of those levies; and\n (c) the periods for which those levies must be paid.\n\n```html\n

Levies imposed on holders of commercial licences

Item

Kind of levy

Period for which levy must be paid

Amount of levy

1

Annual licence levy

Each period of 12 months for which the licence is held

$150,000 plus $2,000 for each 10 km2 (or part thereof) of licence area over 100 km2

2

Annual compliance levy

Each period of 12 months for which the licence is held

$300,000 plus $10,000 for each 10 km2 (or part thereof) of licence area over 100 km2

3

Annual Commonwealth levy

Each period of 12 months for which the licence is held

$295,186

\n```\n\n> Note: A period of 12 months for which the licence is held begins on the day the licence is granted or on an anniversary of that day.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Levies imposed on holders of research and demonstration licences","content":"#### 7 Levies imposed on holders of research and demonstration licences\n\n For the purposes of subsection 8(2) and section 9 of the Act, the following table sets out:\n (a) the offshore electricity infrastructure levies that are imposed on a person who is the holder of a research and demonstration licence; and\n (b) the amounts of those levies; and\n (c) the periods for which those levies must be paid.\n\n```html\n

Levies imposed on holders of research and demonstration licences

Item

Kind of levy

Period for which levy must be paid

Amount of levy

1

Annual licence levy

Each period of 12 months for which the licence is held

$120,000 plus $1,000 for each 10 km2 (or part thereof) of licence area over 100 km2

2

Annual compliance levy

Each period of 12 months for which the licence is held

$100,000 plus $5,000 for each 10 km2 (or part thereof) of licence area over 100 km2

3

Annual Commonwealth levy

Each period of 12 months for which the licence is held

$295,186

\n```\n\n> Note: A period of 12 months for which the licence is held begins on the day the licence is granted or on an anniversary of that day.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Levies imposed on holders of transmission and infrastructure licences","content":"#### 8 Levies imposed on holders of transmission and infrastructure licences\n\n For the purposes of subsection 8(2) and section 9 of the Act, the following table sets out:\n (a) the offshore electricity infrastructure levies that are imposed on a person who is the holder of a transmission and infrastructure licence; and\n (b) the amounts of those levies; and\n (c) the periods for which those levies must be paid.\n\n```html\n

Levies imposed on holders of transmission and infrastructure licences

Item

Kind of levy

Period for which levy must be paid

Amount of levy

1

Annual licence levy

Each period of 12 months for which the licence is held

$120,000

2

Annual compliance levy

Each period of 12 months for which the licence is held

$100,000

3

Annual Commonwealth levy

Each period of 12 months for which the licence is held

$295,186

\n```\n\n> Note: A period of 12 months for which the licence is held begins on the day the licence is granted or on an anniversary of that day.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Levies are imposed at start of period, and for full period","content":"#### 9 Levies are imposed at start of period, and for full period\n\n To avoid doubt:\n (a) a levy that relates to a period for which a licence is held is imposed on the person who holds the licence at the start of that period; and\n (b) subject to sections 10 (licences that cease to be in effect during payment periods) and 11 (parts of licence areas that become vacated areas during payment periods), the full amount of the levy is imposed even if the person does not intend to hold the licence for the whole period.\n\n> Note: However, if the licence ceases to be in effect, or if a part of the licence area becomes a vacated area, an amount of levy may be refunded (see section 150 of the Offshore Electricity Infrastructure Regulations 2022).","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Adjusting levies","content":"## Part 3—Adjusting levies","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Licences that cease to be in effect during payment periods","content":"#### 10 Licences that cease to be in effect during payment periods\n\n (1) This section applies if, during a period mentioned in Part 2 (amounts of levy), a licence:\n (a) is cancelled; or\n (b) ceases to be in force under paragraph 74(6)(a) (licence surrender) of the Offshore Electricity Infrastructure Act 2021; or\n (c) in the case of a feasibility licence—ceases to have effect under paragraph 36(4)(a) of that Act; or\n (d) otherwise ceases to be in effect.\n\n> Note: This section does not apply merely because a licence reaches its end day (within the meaning of the Offshore Electricity Infrastructure Act 2021).\n\n (2) Part 2 applies as if the licence were held for the whole of the period, but the amount of levy is to be worked out on a pro rata basis by reference to the number of days in the period before the licence ceased to be in effect.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Parts of licence areas that become vacated areas during payment periods","content":"#### 11 Parts of licence areas that become vacated areas during payment periods\n\n (1) This section applies if:\n (a) during a period mentioned in Part 2 (amounts of levy), part of a licence’s licence area becomes a vacated area in relation to the licence (otherwise than because the licence has ceased to be in effect); and\n (b) an amount of offshore electricity infrastructure levy payable for the licence is worked out by reference to the licence area.\n (2) The amount payable by reference to the licence area is to be worked out on a pro rata basis by reference to the number of days in the period before and after the area becomes a vacated area.","sortOrder":12}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of specifying levy amounts for offshore electricity infrastructure licences. It has not expanded beyond this core function."},"complexity_factors":["Straightforward tabular structure with clear monetary amounts and formulas","Only 9 defined terms, all referencing definitions in the parent Act rather than creating new ones","Simple conditional logic limited to pro rata adjustments in Part 3 (sections 10-11)","No nested exceptions or deeply conditional provisions","Cross-references are limited to the parent Act and are explicit","Legislation serves a single, narrow purpose: setting levy amounts"],"plain_english_summary":"This bill sets the annual levies companies must pay for holding Commonwealth offshore electricity licences — including feasibility, commercial, research/demonstration, and transmission/infrastructure licences. It establishes three yearly charges (licence, compliance, and Commonwealth levies), with amounts varying by licence type and generally rising for areas over 100 km².\n\nLevies are billed in advance for 12-month periods and adjusted pro rata for cancellations, surrenders or vacated areas. The fees fund regulatory oversight, marine safety and administration of the offshore renewables regime."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations do not change which licences or persons are within the statutory scope. Instead, they operationalise the Act by setting the dollar amounts, the formulae (including area-based increments), the charging timing (levies imposed at the start of each 12‑month licence period) and pro rata adjustment rules where licences or licence areas end mid‑period (ss.3–11). Liability rules and references to refund mechanics rely on the Act and the Offshore Electricity Infrastructure Regulations 2022 (s.4; s.9 note)."},"complexity_factors":["Multiple licence categories each with a distinct levy schedule and three levy types (annual licence levy; annual compliance levy; annual Commonwealth levy) (ss.5–8).","Area-based incremental charges: several levies add a per‑10 km increment for licence area over 100 km, with 'or part thereof' rounding that creates step changes in amounts (ss.5–8 tables).","Timing and liability rule: levies imposed on the licence holder at the start of the 12‑month period and, subject to adjustment rules, the full amount is due even if the licence will not be held for the whole period (s.9).","Pro rata adjustment mechanics: separate pro rata calculations if a licence ceases during the period (s.10) or part of the licence area becomes vacated during the period (s.11).","Dependence on external definitions and instruments: key terms (licence, holder, licence area, vacated area, licence types) are defined in the Act, and refund mechanics reference the Offshore Electricity Infrastructure Regulations 2022 (definition/authority cross‑references: s.4; authority: s.3; refund note under s.9).","Arithmetic complexity for administrators and payers: fixed sums plus area-based increments and day-count pro rata calculations create calculation and recordkeeping burdens (ss.5–11)."],"plain_english_summary":"Sets the annual regulatory levies that holders of offshore electricity licences must pay—covering feasibility, commercial, research & demonstration, and transmission & infrastructure licences—and specifies amounts, area-based increments for licence areas over 100 km, and separate Commonwealth levies (ss.5–8). Levies are charged at the start of each 12‑month licence period; full amounts apply unless a licence or part of its area ends mid‑period, in which case pro rata adjustments or refunds apply (ss.9–11). Licence holders pay; the instrument fixes cost and timing obligations."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/offshore-electricity-infrastructure-regulatory-levies-regulations-2022","history":"/api/acts/offshore-electricity-infrastructure-regulatory-levies-regulations-2022/history","analysis":"/api/acts/offshore-electricity-infrastructure-regulatory-levies-regulations-2022/analysis","conflicts":"/api/acts/offshore-electricity-infrastructure-regulatory-levies-regulations-2022/conflicts","importantCases":"/api/acts/offshore-electricity-infrastructure-regulatory-levies-regulations-2022/important-cases","documents":"/api/acts/offshore-electricity-infrastructure-regulatory-levies-regulations-2022/documents"}}