Div 3Common provisions

Division 3—Common provisions Subdivision 1—Application for licence 31—Application for licence (1) An application for a licence— (b) must identify the area or areas in respect of which the licence is being sought in a manner determined by the Minister; and (c) must be accompanied by a proposed work program; and (d) must be accompanied by such other information as may be prescribed by the regulations; and (e) must be accompanied by the prescribed fee. (2) 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). 32—Notice of certain applications (1) This section applies to the application for a licence (other than a special enterprise licence), or for the renewal of a licence, under this Act. (2) The 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— (a) to an owner of land in respect of land comprised in a proposed licence area; and (b) if the proposed licence area is within the area of a council—to the council. (3) In 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— (a) describing the area to which the application relates; and (b) specifying a place where the application may be inspected. (4) As 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. 33—Applications relating to native title land If 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. 34—Applications relating to areas within Murray‑Darling Basin If 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. 35—Applications relating to areas within specially protected area (1) If 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. (2) If the Minister seeks the concurrence of a Minister under subsection (1), and the Minister and the relevant Minister cannot agree— (a) on the decision to be made on the application; or (b) on any conditions that should be applied if the application is approved, the 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). Subdivision 2—Grant of licence 36—Grant or refusal of licence application (1) The 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— (a) the applicant fails to comply with a requirement under this Act that is relevant to the making or consideration of the application; or (b) the Minister considers— (i) that 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 (ii) that 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. (2) The Minister must give written notice to the applicant of the grant or the refusal (either in whole or in part) to grant the licence. (3) If the Minister refuses (either in whole or in part) to grant an application for a licence, the Minister must provide reasons for the decision. (4) If the Minister grants an application for a licence, the prescribed information in relation to the licence must be entered on the register. Subdivision 3—Compatible licences 37—Compatible licences (1) For the purposes of this section, a renewable energy licence (licence 1) will be taken to be overlapping another renewable energy licence (licence 2) if— (a) licence 1 authorises operations in relation to a renewable energy resource other than that authorised under licence 2; and (b) the licence areas of licence 1 and licence 2 wholly or partially overlap. (2) The Minister must not grant 2 or more overlapping renewable energy licences unless the Minister determines that the overlapping licences are compatible. (3) The regulations may provide for the matters in relation to which the Minister must be satisfied before determining whether or not overlapping licences are compatible. Subdivision 4—Conditions of licence 38—Conditions of licence (1) Subject to this Act, the conditions on which a licence is granted or renewed will be determined by the Minister and notified to the licensee. (2) A 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. (3) A licence to which section 45 applies must include a condition requiring the payment of rent to the Minister in accordance with that section. (4) A 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— (a) the proposed location and area of access roads and infrastructure associated with the renewable energy infrastructure operated under the licence; and (b) planned authorised operations to be undertaken in the licence area (including construction of the infrastructure to be operated under the licence). (5) The conditions of a licence may be imposed, varied or revoked at any time— (a) on written request of the licensee; or (b) on the Minister's own initiative. (6) Before acting under subsection (5)(b), the Minister must take reasonable steps to consult with the holder of the relevant licence. Subdivision 5—Work program 39—Work program (1) The Minister must, before granting a licence, approve a work program in respect of authorised operations to be undertaken under the proposed licence. (2) The Minister may approve a proposed work program with or without addition or variation. (3) The Minister may approve deferment, variation or reduction of the work to be carried out under an approved work program. (4) However, Ministerial approval is not required for the acceleration of the work to be carried out under an approved work program. (5) It is a condition of a licence that the licensee must conduct authorised operations under the licence in accordance with an approved work program. Subdivision 6—Access agreement 40—Application of Subdivision This Subdivision applies to— (a) a renewable energy licence to the extent that the licence area comprises designated land; and (b) an 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. 41—Access agreement (1) It 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— (a) if the licence area comprises pastoral land—the holder of a pastoral lease in respect of the licence area; and (b) a prescribed owner of land (if any), (the parties to the access agreement). (2) An access agreement must address the following matters in relation to operations to be undertaken under a licence to which this section applies: (a) access 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; (b) the manner and form in which notice of commencement of authorised operations will be given by the licensee to the other parties to the agreement; (c) compensation that is or may be payable by a licensee under section 79. (3) An 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. (4) An 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. (5) An 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. 42—Negotiating access agreement (1) A licensee must initiate negotiating an access agreement by giving written notice (the initiation notice) to the other parties to the access agreement. (2) The parties to a proposed access agreement must negotiate in good faith with a view to agreeing the provisions in the access agreement. (3) If agreement between the negotiating parties is not reached within the prescribed period, the Minister may mediate between them to assist in obtaining their agreement. (4) If— (a) the Minister decides against mediating between the negotiating parties; or (b) an attempt at mediation is made but agreement is not obtained within the period prescribed by the regulations for the purposes of this paragraph, a party to the negotiations may apply to the ERD Court for a determination. (5) The 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. (6) On application under this section, the ERD Court may— (a) make 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 (b) make 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 (c) if 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 (d) make other orders that the ERD Court considers to be appropriate in the circumstances. (7) If 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. (8) A 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: (a) an order that the respondent take specified action to comply with the agreement or to rectify a situation caused by the respondent; (b) an order that the respondent pay compensation for loss or damage caused by a contravention of the agreement; (c) any other order that the ERD Court considers to be appropriate in the circumstances. (9) A 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. (10) In this section— prescribed period means— (a) in 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 (b) in any other case—6 months after the day on which the initiation notice is given by the licensee.