Subdiv 5Associated infrastructure licence

Subdivision 5—Associated infrastructure licence 23—Associated infrastructure licence (1) An associated infrastructure licence, subject to subsection (2) and the conditions of the licence— (a) authorises the licensee— (i) to undertake an associated infrastructure activity specified in the licence within the licence area; and (ii) to store, transmit or otherwise convey, within the licence area, energy obtained from a renewable energy resource; and (iii) to undertake an activity within the licence area that is necessary or incidental to undertaking a regulated activity undertaken under another licence; and Example— Necessary or incidental activities may include the construction of access roads, camps or the construction and operation of water pipelines or water treatment facilities. (b) may confer a right to enter and use designated land for the purposes of undertaking authorised operations in respect of land within the licence area. A licence may confer a right to enter and use designated land under paragraph (b) if the licensee does not have a right or interest in respect of land comprising the licence area sufficient to undertake authorised operations. (2) A regulated activity of a kind specified by the regulations for the purposes of this subsection may not be authorised under an associated infrastructure licence. (3) The Minister must, before granting an associated infrastructure licence that confers a right to enter and use designated land for the purposes of undertaking authorised operations— (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. (4) If the Minister seeks the concurrence of a Minister under subsection (3)(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). (5) The Minister must, before granting an associated infrastructure licence that will not confer a right to enter and use designated land within the licence area for the purposes of undertaking authorised operations, be satisfied that the applicant for the licence has met the prescribed requirements in respect of land comprising the proposed licence area that will enable proposed operations to be undertaken under the proposed licence. (6) The following provisions apply in relation to an application for an associated infrastructure licence to the extent that the proposed licence area comprises native title land: (a) — (i) if the proposed licence is to confer a right to enter and use designated land within the licence area for the purposes of undertaking authorised operations; and (ii) to the extent that the designated 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. (7) An associated infrastructure licence may be granted to a person who does not hold another licence under this Act. (8) The prescribed information in relation to an associated infrastructure licence must be entered on the register. 24—Term and renewal of licence (1) An associated infrastructure licence may be granted for a term determined by the Minister and notified to the licensee. (2) The holder of an associated 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. (3) An application for the renewal of an associated infrastructure licence— (4) The Minister must, before renewing an associated 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 the licence does not confer a right to enter and use designated land within any part of the licence area—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 the licence confers a right to enter and use designated land within the licence area for the purposes of undertaking authorised operations; 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 an associated 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 associated infrastructure licence will be renewed for a term determined by the Minister and specified in the licence.