Part 1Preliminary

Part 1—Preliminary 1—Short title This Act may be cited as the Hydrogen and Renewable Energy Act 2023. 2—Commencement This Act comes into operation on a day to be fixed by proclamation. 3—Objects The objects of this Act are as follows: (a) to facilitate and regulate exploration for, and exploitation of, renewable energy resources; (b) to 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; (c) to encourage and maintain an appropriate level of competition for access to designated land to enable exploration for, and exploiting of, renewable energy resources; (d) to 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; (e) to 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; (f) to facilitate economic prosperity and benefits for the State through the development of an industry for generating hydrogen and renewable energy; (g) to ensure that generating hydrogen and the exploitation of renewable energy resources is ecologically sustainable; (h) to facilitate public safety in managing risks inherent in generating hydrogen; (i) to enable appropriate consultation before authorised operations are undertaken; (j) to facilitate the grant of licences that enable hydrogen and renewable energy projects to co‑exist, so far as possible, with other land uses; (k) to support the achievement of the following for the State: (i) competitively priced and reliable renewable energy supply; (ii) economic development of a hydrogen energy industry; (iii) economic development of a net zero carbon emission industry. 4—Interpretation (1) In this Act— access agreement—see section 41; Adelaide Dolphin Sanctuary has the same meaning as in the Adelaide Dolphin Sanctuary Act 2005; affects native title has the same meaning as in the Native Title Act 1993 of the Commonwealth; associated infrastructure activity means the construction, installation, operation, maintaining, management and decommissioning of— (a) a hydrogen power plant; or (b) ports, wharves or jetties associated with the import or export of hydrogen or renewable energy; or (c) a desalination plant used for the primary purpose of supplying water used in generating hydrogen; or (d) any other infrastructure associated with other regulated activities prescribed by the regulations for the purposes of this definition, but does not include an activity of a kind excluded from the ambit of this definition by the regulations; associated infrastructure licence—see section 23; authorised officer means a person appointed by the Minister as an authorised officer for the purposes of this Act; authorised operations means activities authorised to be undertaken under a licence; authorised person means a person authorised by the Minister under section 7(1) to explore renewable energy resources; coastal 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; commercial purpose, in relation to generating hydrogen, means generating hydrogen for any of the following purposes: (a) international export; (b) manufacturing chemicals; (c) sale or supply of electricity to customers; (d) wholesale distribution of hydrogen to customers; (e) any other purpose prescribed by the regulations, but does not include a purpose excluded from the ambit of this definition by the regulations; Crown agency has the same meaning as in the Crown Land Management Act 2009; Crown land means— (a) Crown land within the meaning of the Crown Land Management Act 2009; and (b) land owned by a Crown agency; and (c) land under the control of a Crown agency within the meaning of the Crown Land Management Act 2009; designated land means— (a) pastoral land; or (b) Crown land, or an area of Crown land, of a kind prescribed by the regulations for the purposes of this definition; or (c) South Australian waters, but does not include— (d) the Arkaroola Protection Area within the meaning of the Arkaroola Protection Act 2012; or (e) a restricted access zone or a sanctuary zone both within the meaning of the Marine Parks Act 2007; or (f) a reserve within the meaning of the National Parks and Wildlife Act 1972; or (g) a wilderness protection area or a wilderness protection zone both within the meaning of the Wilderness Protection Act 1992; environment—see subsection (3); environmental impact report—see section 61; ERD Court means the Environment, Resources and Development Court established under the Environment, Resources and Development Court Act 1993; exploit, in relation to a renewable energy resource, means— (a) generating or obtaining energy from the renewable energy resource; or (b) storing, transmitting or otherwise conveying energy obtained from the renewable energy resource, of or above the prescribed quantity of energy; explore, 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; Fund means the Hydrogen and Renewable Energy Fund established and maintained under section 82; generating 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— (a) operations for the storage of hydrogen; and (b) other operations of a kind prescribed by the regulations for the purposes of this definition; hydrogen generation facility means infrastructure necessary for generating hydrogen; hydrogen generation licence—see section 14; infrastructure includes a facility, structure or installation that is being constructed, installed, operated, maintained or decommissioned; infrastructure activity means constructing, installing, operating, maintaining or decommissioning— (a) renewable energy infrastructure; or (b) a hydrogen generation facility, but does not include an activity excluded from the ambit of this definition by the regulations; land includes— (a) waters and airspace over land; and (b) coastal waters of the State; leading 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— (a) is absent; or (b) may fail or be failing; licence means— (a) a hydrogen generation licence; or (b) a renewable energy feasibility licence; or (c) a renewable energy infrastructure licence; or (d) a renewable energy research licence; or (e) an associated infrastructure licence; or (f) a special enterprise licence; licence area means the area of land in respect of which a licence is granted; licensee means a person who holds a licence; marine park has the same meaning as in the Marine Parks Act 2007; Murray‑Darling Basin has the same meaning as in the Murray-Darling Basin Act 1993; native title agreement, in relation to native title land means— (a) an agreement in the form of an indigenous land use agreement registered under the Native Title Act 1993 of the Commonwealth; or (b) an 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; native 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; native title holder has the same meaning as in the Native Title Act 1993 of the Commonwealth; operational management plan—see section 66; operations includes activities; owner of land means— (a) a person who holds a registered estate or interest in the land conferring a right to immediate possession of the land; or (b) a native title holder in respect of the land; or (c) a person who has, by statute, the care, control or management of the land; or (d) a person who is lawfully in occupation of the land; or (e) a person who holds a pastoral lease in respect of the land; or (f) a person who holds a resources tenement in respect of the land; or (g) the holder of an aquaculture lease or aquaculture licence under the Aquaculture Act 2001; or (h) a person of a class brought within the ambit of this definition by the regulations; pastoral land means land comprised in a pastoral lease; pastoral lease means a lease granted under the Pastoral Land Management and Conservation Act 1989; permit holder means a person who holds a renewable energy feasibility permit issued under section 8; permit area means the area of land in respect of which a renewable energy feasibility permit is issued; register means the hydrogen and renewable energy register required to be kept under section 108; registered native title body corporate and registered native title claimant have the same respective meanings as in the Native Title Act 1993 of the Commonwealth; regulated activity—see section 12; release area—see section 10; relevant Minister means— (a) in relation to the Adelaide Dolphin Sanctuary—the Minister to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed; or (b) in relation to a marine park—the Minister to whom the administration of the Marine Parks Act 2007 is committed; or (c) in 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; renewable energy feasibility licence—see section 17; renewable energy feasibility permit—see section 8; renewable energy infrastructure means infrastructure that— (a) is necessary for assessing the feasibility of generating renewable energy from a renewable energy resource; or (b) has the primary purpose of exploiting a renewable energy resource; or (c) is of a kind prescribed by the regulations for the purposes of this definition; renewable energy infrastructure licence—see section 19; renewable energy licence means— (a) a renewable energy feasibility licence; or (b) a renewable energy infrastructure licence; or (c) a renewable energy research licence; renewable energy research licence—see section 21; renewable energy resource means any of the following: (a) light or heat from the sun; (b) wind or air flow; (c) wind generated waves; (d) tides; (e) ocean currents; (f) any other resource prescribed by the regulations; resources tenement means— (a) a mineral tenement within the meaning of the Mining Act 1971; or (b) a tenement under the Opal Mining Act 1995; or (c) a licence under the Offshore Minerals Act 2000; or (d) a licence under the Petroleum and Geothermal Energy Act 2000; or (e) a permit, lease or licence under the Petroleum (Submerged Lands) Act 1982; River Murray Protection Area means a River Murray Protection Area under the River Murray Act 2003; scoping report—see section 71; special enterprise licence—see section 28; specially protected area means— (a) the Adelaide Dolphin Sanctuary; or (b) a marine park; or (c) a River Murray Protection Area; South 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; statement of environmental objectives—see section 62; work program means a document prepared by an applicant for a licence, or for the renewal of a licence, that provides— (a) a statement of the nature, extent and proposed scheduling of operations proposed to be undertaken under the licence; and (b) in the case of a renewable energy feasibility licence—an analysis against the criteria prescribed by the regulations for the purposes of this paragraph; and (c) in the case of an application for a hydrogen generation licence, a renewable energy infrastructure licence or a special enterprise licence— (i) an 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 (ii) an 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. (2) The following provisions apply in relation to a reference to designated land in a provision of this Act: (a) a 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; (b) a 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; (c) a 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); (d) a reference to designated land in a provision of this Act relating to a licence— (i) will 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 (ii) if 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. (3) A reference in this Act to the environment includes— (a) land, 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 (b) buildings, structures and other forms of infrastructure, and cultural artefacts; and (c) existing or permissible land use; and (d) public health, safety or amenity; and (e) the heritage, aesthetic, Aboriginal, social and cultural values of an area; and (f) the social or economic effects associated with regulated activities. (4) A 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— (a) to the extent that the Minister, authorised person or licensee is aware of such a person; or (b) to the extent that it is reasonable to expect the Minister, authorised person or licensee to be aware of such a person. 5—Application of Act This Act is intended to have extraterritorial application insofar as the legislative powers of the Parliament permit. 6—Interaction with other Acts (1) Subject 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. (2) The 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. (3) Nothing 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. (4) The Minister must, if taking any action under this Act— (a) that is within the Adelaide Dolphin Sanctuary, or likely to have a direct impact on the Adelaide Dolphin Sanctuary— (i) seek to further the objects and objectives of the Adelaide Dolphin Sanctuary Act 2005; and (ii) take into account the provisions of the Adelaide Dolphin Sanctuary Management Plan under the Adelaide Dolphin Sanctuary Act 2005 (insofar as may be relevant); and (b) that is within a marine park, or likely to have a direct impact on a marine park— (i) seek to further the objects of the Marine Parks Act 2007; and (ii) take into account the provisions of the management plan for the marine park under the Marine Parks Act 2007 (insofar as may be relevant); and (c) that 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.