Part 3Release area

Part 3—Release area 10—Minister may declare release area (1) The Minister may, by notice in the Gazette, declare an area of land comprising designated land specified in the notice that the Minister considers to be suitable for the operation of renewable energy infrastructure to be a release area. (2) A declaration under subsection (1) may specify the renewable energy resource in respect of which the area is declared. (3) A person may, by written notice to the Minister given in a manner and form determined by the Minister, nominate an area of land that the person considers suitable for declaration as a release area. (4) The Minister must, before declaring a release area— (a) if any part of the proposed area comprises pastoral land—seek the concurrence of the Minister responsible for the administration of the Pastoral Land Management and Conservation Act 1989; or (b) if any part of the proposed area comprises South Australian waters—seek the concurrence of the Minister responsible for the administration of the Harbors and Navigation Act 1993. (5) If the Minister seeks the concurrence of a Minister under subsection (4), and the Ministers cannot agree on whether or not an area should be declared, the Ministers must take steps to refer the matter to the Governor and the Governor will determine the matter (and any decision taken by the Governor will be taken to be a decision of the Minister under this Act). (6) The Minister must, before declaring a release area— (a) give notice in writing of the proposed declaration in the manner prescribed by the regulations; and (b) undertake consultation required by the regulations in a manner prescribed by the regulations. (7) If a declaration of a release area under this section is in force, an application for a renewable energy feasibility licence in respect of land within the declared area must not be made except in response to a call for tenders under section 11. (8) The prescribed particulars of a declaration under subsection (1) must be entered on the register. 11—Call for tenders for renewable energy feasibility licence (1) The Minister may, at any time, by notice in the Gazette, invite applications for renewable energy feasibility licences within a specified release area. (2) A notice under subsection (1)— (a) must specify the release area to which the call for tenders relates; and (b) must identify the area over which applications for renewable energy feasibility licences are sought; and (c) must specify a period of time within which applications for renewable energy feasibility licenses must be made; and (d) may specify that applications are to be in respect of a specified renewable energy resource; and (e) may specify criteria prescribed by the regulations against which applications will be assessed; and (f) may include any other information the Minister considers relevant; and (g) must be made publicly available on a website determined by the Minister. (3) The Minister must, in determining an application under this section— (a) comply with the prescribed requirements; and (b) have regard to any prescribed criteria specified under subsection (2)(e). (4) On determining a successful applicant, the Minister must— (a) specify, by notice in the Gazette, the name of the successful applicant and a statement of the reasons for the Minister's decision; and (b) give notice to any unsuccessful applicant of the reasons for the Minister's decision. (5) The regulations may provide for the circumstances in which the Minister may invite further applications for a renewable energy feasibility licence in respect of a release area and provide for the process by which the Minister may invite and otherwise deal with those applications. (6) A successful applicant has an exclusive right to apply for a renewable energy feasibility licence under section 17 in respect of an area within the specified release area.