Subdiv 2Renewable energy feasibility licence

Subdivision 2—Renewable energy feasibility licence 17—Renewable energy feasibility licence (1) A renewable energy feasibility licence, subject to the conditions of the licence— (a) authorises the licensee to— (i) explore a renewable energy resource in the licence area and assess the feasibility of exploiting a renewable energy resource; and (ii) construct, install, operate, maintain and decommission renewable energy infrastructure for the purposes of exploring a renewable energy resource; and (b) confers on the licensee— (i) an exclusive right to undertake activities of a kind described in paragraph (a)(i) or (ii); and (ii) a right to enter and use land within the licence area for the purposes of authorised operations. (2) The licence area of a renewable energy feasibility licence— (a) must comprise only designated land; and (b) must be located wholly within a release area. (3) The Minister must, before granting a renewable energy feasibility licence— (a) if any part of the proposed licence area comprises pastoral land—consult with the Minister to whom the administration of the Pastoral Land Management and Conservation Act 1989 is committed; and (b) if any part of the proposed licence area comprises South Australian waters—seek the concurrence of the Minister to whom the administration of the Harbors and Navigation Act 1993 is committed pursuant to section 15 of that Act. (4) The following provisions apply in relation to an application for a renewable energy feasibility licence to the extent that the proposed licence area comprises native title land: (a) to the extent that the native title land is the subject of a native title declaration or is within the area of a claim that is registered in a native title register, the Minister must, before granting the licence, be satisfied that a native title agreement is in place that authorises the grant of the licence; (b) the Minister must, before granting the licence, be satisfied of the matters specified in any guidelines issued by the Minister for the purposes of this paragraph. (5) The prescribed information in relation to a renewable energy feasibility licence must be entered on the register. 18—Term and renewal of licence (1) A renewable energy feasibility licence may be granted— (a) if any part of the proposed licence area comprises South Australian waters—for a term of up to 7 years; or (b) in any other case—for a term of up to 5 years, as may be determined by the Minister and specified in the licence. (2) The holder of a renewable energy feasibility licence may, before the date of expiry of the licence (or at a time after the expiry of the licence as allowed by the Minister), apply to the Minister for the renewal of the licence— (a) for a further term of up to 3 years as may be determined by the Minister and specified in the licence; or (b) pending a decision by the Minister on an application for the grant of a renewable energy infrastructure licence that has been made by the holder of the licence. (3) An application for the renewal of a renewable energy feasibility licence— (4) The Minister must, before renewing a renewable energy feasibility licence, be satisfied— (a) that the applicant for the renewal has met the criteria prescribed by the regulations for the purposes of this paragraph; and (b) to the extent that the licence area comprises native title land that is the subject of a native title declaration or is within the area of a claim that is registered in a native title register—that a native title agreement is in place that authorises the renewal of the licence. (5) If an application for the renewal of a renewable energy feasibility licence is not decided before the date on which the licence is due to expire, the licence continues in operation until the application is decided and, if the licence is renewed, the renewal dates from the date on which the licence would, but for this subsection, have expired.