Part 3Release area

Part 3—Release area 9—Notice of declaration of release area Pursuant to section 10(6)(a) of the Act, the notice in writing given by the Minister of the proposed declaration of a release area (the proposed release area notice) must— (a) describe the area of land in the proposed release area; and (b) invite submissions on the proposed release area to be made to the Minister in a manner and form set out in the notice; and (c) specify a period of at least 30 business days from the day on which the notice is published within which submissions must be received; and (d) be published in any manner the Minister thinks fit. 10—Consultation (1) For the purposes of section 10(6)(b) of the Act, the Minister must, in such manner as the Minister thinks fit— (a) give the proposed release area notice to each relevant person; and (b) consult with each relevant person to whom notice is given under paragraph (a) by inviting them to make submissions on the proposed release area, allowing a period of at least 30 business days within which the person may make a submission. relevant person, in relation to a proposed release area, means— (a) each owner of land within the area; and (b) any Recognised Aboriginal Representative Body— (i) in respect of the area; or (ii) in respect of a specific Aboriginal site, object or remains within the area; (c) — (i) each council within the area; or (ii) if any part of the area falls outside of council areas—the Outback Communities Authority established under the Outback Communities (Administration and Management) Act 2009; and (d) if any part of the area comprises pastoral land—the Pastoral Board under the Pastoral Land Management and Conservation Act 1989; and (e) any other person determined by the Minister, in the Minister's absolute discretion, to be relevant in relation to the area in the circumstances. 11—Register—prescribed particulars For the purposes of section 10(8) of the Act, the following particulars of a declaration of a release area must be entered on the register: (a) a description of the boundaries of the release area; (b) a description of the location of the release area; (c) the size of the release area expressed in square kilometres; (d) if specified in a notice given under section 10(1) of the Act—the renewable energy resource in respect of which the release area is declared. 12—Call for tenders for renewable energy feasibility licence (1) For the purposes of section 11(2)(e) of the Act, the following are prescribed: (a) a statement outlining any agreement that is in place with a native title holder and other owners of land in respect of the proposed licence area, or the manner in which the applicant proposes to negotiate such an agreement including (if possible) information about the applicant’s proven ability to successfully undertake such negotiations; (b) if the notice under section 11(1) of the Act sets out matters to be addressed by an applicant as raised with the Minister by a registered native title body corporate or a registered native title claimant during the period allowed for making submissions to the Minister pursuant to regulation 10(1)(b)— (i) a statement submitted by the applicant addressing those matters; and (ii) any statement received from the registered native title body corporate or the registered native title claimant in response to that statement; (c) a proposed work program detailing operations that will be undertaken under the proposed licence; (d) the net economic, social and environmental benefit to the State expected as a result of the proposed exploitation of the renewable energy resource (the project), including— (i) the initiatives proposed to support the short and long term security and stability of the State’s energy system; and (ii) the extent to which the project will create and maintain jobs and provide skills and training opportunities, including jobs for young people, apprentices, Aboriginal and Torres Strait Islander people and people with a disability; and (iii) the manner in which the applicant intends to provide opportunities for Australian entities to bid for the supply of goods and services necessary in undertaking the project; and (iv) the manner in which the applicant intends to provide beneficial economic, environmental and social outcomes for rural, regional and Aboriginal communities; (e) the applicant's experience and ability to deliver renewable energy projects; (f) how the applicant intends to deliver a commercial project within a specified time; (g) the technical, operational and financial capabilities of the applicant that are necessary for the purposes of undertaking the project; (h) the applicant's environmental management credentials, including their knowledge and experience in environmental impact assessment and management; (i) any rental offer made by the applicant under regulation 24; (j) any other matter the Minister considers relevant and specific to a particular release area. (2) For the purposes of section 11(3)(a) of the Act, the following requirements are prescribed: (a) if the Minister receives more than 1 application for a renewable energy feasibility licence in response to a call for tenders under section 11 of the Act, the Minister— (i) must identify any applications in which an area of land in respect of which a licence is being sought in 1 application overlaps with the area of land in respect of which a licence is being sought in another application; and (ii) may, in the Minister's absolute discretion, by written notice to the relevant applicants, invite them to amend their respective applications in a manner determined by the Minister and specified in the notice, so that the identified areas of land in respect of which a licence is sought in each application no longer overlap; (b) if, in connection with subregulation (1)(b), an applicant provides a statement of a kind referred to in that paragraph, the Minister— (i) must provide the statement to the relevant native title body corporate or registered native title claimant; and (ii) must notify the relevant native title body corporate or registered native title claimant of a specified period of time within which they may provide a response to the matters outlined in the statement; and (iii) may require that the relevant native title body corporate or registered native title claimant keep information in the statement confidential. 13—Minister may invite further applications after tender process (1) Pursuant to section 11(5) of the Act, the Minister may, at any time, by notice in the Gazette, invite further applications for a renewable energy feasibility licence in respect of a release area— (a) if a successful applicant notifies the Minister that they do not intend to apply, or proceed with an application, for a renewable energy feasibility licence; or (b) if the Minister is unable to grant a renewable energy feasibility licence to a successful applicant because a precondition required for the grant of a renewable energy feasibility licence to the successful applicant is not satisfied; or (c) if the Minister cancels a successful applicant's renewable energy feasibility licence; or (d) if a successful applicant surrenders their renewable energy feasibility licence; or (e) in any other circumstances as the Minister thinks fit. (2) A notice under subregulation (1) must comply with the requirements of section 11(2) of the Act. (3) The Minister must deal with an application received in circumstances outlined in subregulation (1) in accordance with the requirements of section 11 of the Act. (4) Pursuant to section 11(5) of the Act and notwithstanding the provisions in subregulation (1), if the Minister determines a successful applicant in respect of an area of land that does not cover the whole of the specified release area, the Minister may, by written notice to an unsuccessful applicant whose application is identified under regulation 12(2)(a)(i), invite them to submit a further application in respect of the area of land within the release area in respect of which a successful application has not been determined. (5) An application under subregulation (4) must be assessed against the same criteria as specified in the relevant notice issued under section 11(1) of the Act against which other applications in respect of that specified release area were assessed.