Subdiv 3Renewable energy infrastructure licence

Subdivision 3—Renewable energy infrastructure licence 19—Renewable energy infrastructure licence (1) A renewable energy infrastructure licence, subject to the conditions of the licence— (a) authorises the licensee to— (i) generate or obtain energy from a renewable energy resource specified in the licence; and (ii) construct, install, operate, maintain or decommission renewable energy infrastructure; and (iii) store, transmit or otherwise convey energy obtained from a renewable energy resource; and (iv) undertake other regulated activities of a prescribed kind as specified in the licence; and (b) to the extent that the licence area comprises designated land—confers on the licensee— (i) an exclusive right to undertake activities of a kind described in paragraph (a)(i); and (ii) an exclusive right to undertake activities of a kind described in paragraph (a)(ii) other than the construction, installation, operation, maintaining or decommissioning of renewable energy infrastructure that has the primary purpose of storing, transmitting or otherwise conveying a renewable energy resource; and (iii) a right to enter and use designated land within the licence area for the purposes of authorised operations. (2) The Minister must not grant a renewable energy infrastructure licence over an area of designated land unless— (a) the applicant for the licence holds, or has held, a renewable energy feasibility licence in respect of that area; and (b) the licence area to which the application relates is the whole or a part of an area over which the renewable energy feasibility licence is or was held. (3) The Minister must, before granting a renewable energy infrastructure licence, to the extent that the proposed licence area comprises land that is not designated land, be satisfied that the applicant for the licence has, or will acquire, a right or interest in respect of land comprising that part of the proposed licence area sufficient to undertake the proposed operations. (4) The Minister must, before granting a renewable energy infrastructure licence— (a) if any part of the proposed licence area comprises pastoral land—seek the concurrence of 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 administering the Harbors and Navigation Act 1993 pursuant to section 15 of that Act. (5) If the Minister seeks the concurrence of a Minister under subsection (4)(a), and the Ministers cannot agree on whether or not a licence should be granted, 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 following provisions apply in relation to an application for a renewable energy infrastructure 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; If there is an indigenous land use agreement registered under the Native Title Act 1993 of the Commonwealth authorising the grant of a right or interest in respect of land sufficient to undertake the proposed operations, that agreement may also authorise 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. (7) The prescribed information in relation to a renewable energy infrastructure licence must be entered on the register. 20—Term and renewal of licence (1) The term of a renewable energy infrastructure licence is 50 years, or such longer or shorter term determined by the Minister and specified in the licence. (2) The holder of a renewable energy infrastructure 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 for a further term as may be determined by the Minister and specified in the licence. (3) An application for the renewal of a renewable energy infrastructure licence— (4) The Minister must, before renewing a renewable energy infrastructure 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) if any part of the licence area comprises land that is not designated land—that the applicant for the renewal has, or will acquire, a right or interest in respect of land comprising that part of the licence area sufficient to undertake authorised operations; and (i) if any part of the licence area comprises designated land; and (ii) to the extent that the designated land 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, (5) If an application for the renewal of a renewable energy infrastructure 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. (6) If the Minister decides to grant a renewal, the renewable energy infrastructure licence will be renewed for a term determined by the Minister and specified in the licence.