Div 2Renewable energy feasibility permit

Division 2—Renewable energy feasibility permit 8—Renewable energy feasibility permit (1) A 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. (2) A renewable energy feasibility permit must not be issued in respect of an area that constitutes designated land. (3) An application for a renewable energy feasibility permit— (b) must identify the area or areas in respect of which the permit is being sought in a manner determined by the Minister; and (c) must be accompanied by such other information as may be prescribed by the regulations; and (d) must be accompanied by the prescribed fee. (4) The 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). (5) The Minister must, before issuing a renewable energy feasibility permit, be satisfied— (a) that 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 (b) that the applicant has met the criteria prescribed by the regulations for the purposes of this subsection; and (c) to the extent that the proposed permit area comprises native title land— (i) to 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 (ii) of the matters specified in any guidelines issued by the Minister for the purposes of this paragraph. If 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. (6) The Minister may issue a renewable energy feasibility permit on conditions determined by the Minister and specified in the permit. (7) A permit holder must not contravene a term or condition of a renewable energy feasibility permit. (8) A 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. (9) In this section— feasibility activity means— (a) constructing, installing, operating, maintaining or decommissioning infrastructure necessary for assessing the feasibility of generating renewable energy from a renewable energy resource; or (b) undertaking an activity of a kind prescribed by the regulations for the purposes of this definition. 9—Term and renewal of permit (1) A 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. (2) A 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. (3) An application for the renewal of a renewable energy feasibility permit— (4) The 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. (5) If 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. (6) If 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.