Part 4Licensing

Part 4—Licensing Division 1—Requirement for licence 12—Regulated activities (1) The following activities, if undertaken within the State or the coastal waters of the State, are regulated activities: (a) generating hydrogen for a commercial purpose; (b) exploring for a renewable energy resource; (c) exploiting a renewable energy resource; (d) an infrastructure activity; (e) an associated infrastructure activity; (f) an activity of a kind prescribed by the regulations. (2) The following are not regulated activities: (a) undertaking an activity requiring authorisation under the Mining Act 1971, the Offshore Minerals Act 2000, the Opal Mining Act 1995, the Petroleum and Geothermal Energy Act 2000, or the Petroleum (Submerged Lands) Act 1982; (b) an activity excluded by the regulations from the ambit of the definition of regulated activities. (3) A reference to a regulated activity includes all operations reasonably necessary for, or incidental to, undertaking that activity. (4) The regulations may provide that a regulated activity may only be authorised by a specified category of licence. 13—Requirement for licence (1) A person must not undertake a regulated activity unless the activity is authorised, or exempted from authorisation, under this Act. Maximum penalty: $250 000 or imprisonment for 2 years. (2) Exploring for a renewable energy resource on land that is not designated land is exempt from the requirement to be authorised under this Act. A special enterprise licence may, however, authorise a person to explore a renewable energy resource on land that is not designated land and confer a right to enter and use such land for that purpose. (3) If the Minister applies for a licence or exemption under this Act, then any power required to be exercised by the Minister in relation to the grant of the licence or exemption must be delegated to another Minister in accordance with this Act or the Administrative Arrangements Act 1994. Division 2—Licence categories