Sch 1Related amendments and transitional provisions

Schedule 1—Related amendments and transitional provisions Part 1—Amendment of Mining Act 1971 1—Amendment of section 6—Interpretation Section 6(1), definition of owner of land—after paragraph (d) insert: or (e) a person who holds a licence or permit under the Hydrogen and Renewable Energy Act 2023; or 2—Amendment of section 9—Exempt land Section 9(1)—after paragraph (c) insert: (ca) land that is situated within a distance prescribed by the regulations for the purposes of this paragraph from infrastructure (other than infrastructure of a prescribed kind) that is being constructed, installed, operated, maintained or decommissioned pursuant to the Hydrogen and Renewable Energy Act 2023; or 3—Amendment of section 58A—Notice requirements Section 58A(9)—delete subsection (9) and substitute: (9) If a notice is to be given in respect of land that is held under— (a) a form of title (other than a licence under the Petroleum and Geothermal Energy Act 2000) that confers a right to exclusive possession of the land; or (b) a hydrogen generation licence, a renewable energy infrastructure licence, an associated infrastructure licence or a special enterprise licence under the Hydrogen and Renewable Energy Act 2023 in relation to which an approved statement of environmental objectives within the meaning of that Act is in force; or (c) a pastoral lease, the following provisions apply: (d) the notice must contain a statement of the owner of land's rights of objection and compensation under this Act; (e) the owner of land may, within 3 months after service of the notice, lodge a notice of objection with the appropriate court objecting— (i) to entry on the land by the person who served the notice; or (ii) to the use, or the unconditional use, of the land, or a portion of the land, for authorised operations. Part 2—Amendment of Pastoral Land Management and Conservation Act 1989 4—Amendment of section 3—Interpretation (1) Section 3(1)—after the definition of Aboriginal person insert: associated infrastructure activity and associated infrastructure licence have the same respective meanings as in the Hydrogen and Renewable Energy Act 2023; (2) Section 3(1)—before the definition of ILUA insert: hydrogen generation facility and hydrogen generation licence have the same respective meanings as in the Hydrogen and Renewable Energy Act 2023; (3) Section 3(1)—after the definition of rehabilitation insert: renewable energy infrastructure and renewable energy licence have the same respective meanings as in the Hydrogen and Renewable Energy Act 2023; (4) Section 3(1), definition of solar energy facility—delete the definition (5) Section 3(1), definitions of wind farm and wind farm licence—delete the definitions 5—Amendment of section 4—Objects Section 4(f)—delete "wind farms" and substitute: renewable energy infrastructure and the undertaking of associated infrastructure activities 6—Amendment of section 9—Pastoral Land Management Fund Section 9(2)(ab)—delete paragraph (ab) 7—Amendment of section 22—Conditions of pastoral leases (1) Section 22(1)(a)(v)—after subsubparagraph (D) insert: and (E) the Hydrogen and Renewable Energy Act 2023; and (2) Section 22(1)(a)(vii)—delete subparagraph (vii) (3) Section 22(1)(c)(iii)—delete subparagraph (iii) and substitute: (iii) the right of a Minister to whom the administration of the Hydrogen and Renewable Energy Act 2023 is committed to grant a renewable energy licence or an associated infrastructure licence under that Act. (4) Section 22(8)—delete subsection (8) 8—Amendment of section 31—Alteration of boundaries Section 31(1a)(a) and (b)—delete "solar energy facility" wherever occurring and substitute in each case: hydrogen generation facility or an associated infrastructure activity 9—Amendment of section 32—Resumption of land Section 32(3)(a)—delete "solar energy facility" and substitute: hydrogen generation facility or an associated infrastructure activity 10—Amendment of section 39—Compensation Section 39—after subsection (2) insert: (3) If the resumption of pastoral land is for the purposes of a hydrogen generation facility or an associated infrastructure activity, the Minister may recover the amount of the compensation that the Minister is liable to pay under this section from the holder of, or the applicant for, the relevant hydrogen generation licence or associated infrastructure licence (as the case may be). 11—Repeal of Part 6 Division 4 Part 6 Division 4—delete the Division Part 3—Amendment of Petroleum and Geothermal Energy Act 2000 12—Amendment of section 4—Interpretation Section 4(1), definition of owner of land—after paragraph (e) insert: (ea) a person who holds a licence under the Hydrogen and Renewable Energy Act 2023; Part 4—Amendment of Planning, Development and Infrastructure Act 2016 13—Amendment of heading to Part 12 Heading to Part 12—after "Mining" insert: and renewable energy 14—Amendment of section 160—Mining tenements to be referred in certain cases to Minister (1) Section heading—delete "Mining tenements" and substitute: Mining and renewable energy matters (2) Section 160(1), definition of appropriate authority—delete "the Minister of the Crown for the time being administering the Mining Acts" and substitute: — (a) in the case of a matter referred to in paragraph (a) or (b) of the definition of designated matter or operations under a mining production tenement—a Minister to whom the administration of the Mining Acts are committed; or (b) in the case of a matter referred to in paragraph (c) or (d) of the definition of designated matter or operations under a licence under the Hydrogen and Renewable Energy Act 2023—a Minister to whom the administration of the Hydrogen and Renewable Energy Act 2023 is committed; (3) Section 160(1), definition of designated mining matter—delete "mining" (4) Section 160(1), definition of designated mining matter—after paragraph (b) insert: or (c) an application for a licence under the Hydrogen and Renewable Energy Act 2023; or (d) a proposed statement of environmental objectives under the Hydrogen and Renewable Energy Act 2023; (5) Section 160(1)—after the definition of designated mining matter insert: relevant licence means— (a) a mining production tenement; or (b) a licence under the Hydrogen and Renewable Energy Act 2023. (6) Section 160(2)—delete "mining" wherever occurring (7) Section 160(3)—after "Mining Acts" insert: or the Hydrogen and Renewable Energy Act 2023 (as the case may be) (8) Section 160(3)—delete "mining" (9) Section 160(4)—delete "in pursuance of a mining production tenement" and substitute: under a relevant licence (10) Section 160(5)—delete "mining" first occurring (11) Section 160(5)—delete "mining production tenement" wherever occurring and substitute in each case: relevant licence (12) Section 160(7)—delete "mining" wherever occurring 15—Amendment of section 161—Related matters (1) Section 161(1)—delete subsection (1) and substitute: (1) This Part does not limit the ability of the Minister to make a declaration under section 108(1)(c) with respect to 1 or more of the following: (a) proposed mining operations on a mining tenement; (b) proposed development associated with operations to be conducted under a relevant licence; (c) regulated activities within the meaning of the Hydrogen and Renewable Energy Act 2023. (2) Section 161(2)—after "mining operations" insert: or relevant regulated activities (as the case may be) (3) Section 161(3)—after "Mining Acts" insert: or operations undertaken pursuant to the Hydrogen and Renewable Energy Act 2023 (other than operations undertaken pursuant to Schedule 1 Part 5 of that Act) (4) Section 161—after subsection (3) insert: (3a) To avoid doubt, operations undertaken pursuant to the Hydrogen and Renewable Energy Act 2023 do not include operations undertaken pursuant to an exemption from authorisation under that Act. (5) Section 161(5)—after "Mining Acts" insert: or the Hydrogen and Renewable Energy Act 2023 (6) Section 161—after subsection (5) insert: (6) In this section— relevant licence has the same meaning as in section 160. Part 5—Transitional provisions 16—Interpretation (1) In this Part— associated infrastructure means— (a) a hydrogen power plant; or (b) ports, wharves or jetties associated with the import or export of hydrogen or renewable energy; or (c) desalination plant used for the primary purpose of supplying water used in generating hydrogen; or (d) infrastructure of a kind associated with regulated activities prescribed by the regulations for the purposes of this definition, but does not include infrastructure of a kind excluded from the ambit of this definition by the regulations; development authorisation has the same meaning as in the Planning, Development and Infrastructure Act 2016; existing operator means a person who, immediately before the commencement of this Part, is lawfully operating renewable energy infrastructure, associated infrastructure or a hydrogen generation facility; new operator means a person who, on the commencement of this Part, holds a development authorisation in respect of the establishment and operation of renewable energy infrastructure, associated infrastructure or a hydrogen generation facility but has not commenced operation of the infrastructure or facility; prescribed day means the day prescribed by the Minister by notice in the Gazette for the purposes of clause 17(3); relevant licence means— (a) a hydrogen generation licence; or (b) a renewable energy infrastructure licence; or (c) an associated infrastructure licence; relevant period means the period beginning on the day on which this Part commences and ending— (a) on the expiration of the period of 6 months after the commencement of this Part; or (b) if, during the period of 6 months referred to in paragraph (a), the person applies for a relevant licence in accordance with this Part—on the day on which the application for the relevant licence is determined. (2) The regulations may specify circumstances in which renewable energy infrastructure, associated infrastructure or a hydrogen generation facility will, or will not, be taken to be in operation for the purposes of this Part. 17—Transitional provisions (1) An existing operator does not, during the relevant period, require a licence or permit under this Act to continue operating the renewable energy infrastructure, hydrogen generation facility or associated infrastructure. (2) A new operator does not require a licence or permit under this Act to complete the development of the renewable energy infrastructure, hydrogen generation facility or associated infrastructure that is the subject of the development authorisation but must not commence operation of the infrastructure or facility unless they are granted a relevant licence. (3) If, on or before the prescribed day, a person has applied for a development authorisation in respect of the establishment and operation of renewable energy infrastructure, a hydrogen generation facility or associated infrastructure but has not, on the commencement of this Part, had the application determined— (a) the application may be determined and dealt with under the law of the State as if this Act had not been enacted; and (b) if the development authorisation is granted, the person is then taken to be a new operator for the purposes of this clause. (4) Despite any other provision of this Act, an application for a relevant licence made by an existing operator or a new operator— (b) must be accompanied by an operational management plan; 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. (5) 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). (6) The Minister must, if satisfied that the operational management plan submitted by a relevant person in an application under subclause (4) complies with the requirements of Part 4 Division 4 Subdivision 4 (other than requirements relating to a statement of environmental objectives), grant to the person a relevant licence, subject to— (a) any conditions deemed to be included in the licence in accordance with subclause (8); and (b) such other conditions as the Minister thinks fit. (7) Subclause (6) operates despite any provision of Part 4 that would otherwise require the Minister to be satisfied that the grant of a relevant licence is authorised by a native title agreement or that the licence must not be granted without the agreement or concurrence of any other person. (8) The conditions of a relevant licence granted under this clause will be deemed to include the conditions determined by the Minister and specified in the licence as being those applicable to the development authorisation that was granted in respect of the renewable energy infrastructure, hydrogen generation facility or associated infrastructure (and after the grant of the relevant licence such conditions may be enforced under this Act instead of the Planning, Development and Infrastructure Act 2016). (9) If the Minister grants an application for a licence under this clause, the prescribed information in relation to the licence must be entered on the register. (10) To avoid doubt, a relevant licence granted under this clause does not confer on the licensee a right to enter and use any land. (11) A provision of this Act relating to designated land does not apply in relation to land within the licence area of a relevant licence granted under this clause (even if land within the licence area comprises designated land). (12) Without limiting any other power to make regulations in this Act, regulations made for the purposes of this clause may provide— (a) that a specified provision of the Act does not apply in relation to the grant or renewal of a relevant licence under this clause; or (b) that a specified provision of the Act may operate in relation to the grant or renewal of a relevant licence under this clause in a modified way; or (c) that a term or condition of a relevant licence granted under this clause may apply for a specified period or for the term of the relevant licence. (13) The Minister may, by notice in writing to a relevant person, exempt the person from a specified requirement of this Act. (14) An exemption under subclause (13)— (a) may be granted absolutely or on conditions; and (b) remains in force for a period determined by the Minister and specified in the written notice. Legislative history Notes • Amendments of this version that are uncommenced are not incorporated into the text. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Hydrogen and Renewable Energy Act 2023 23.11.2023 11.7.2024 (Gazette 11.7.2024 p2114) Biodiversity Act 2025 26.6.2025 Sch 5 (cl 31)—uncommenced