Part 7Miscellaneous

Part 7—Miscellaneous 41—Notice of entry For the purposes of section 76(2) of the Act, a notice of entry is in the required form if it— (a) states the full name and business address of the licensee; and (b) provides the name and telephone number of a person who can be contacted about the notice; and (c) provides a reasonable description of the operations proposed to be undertaken on the land; and (d) identifies the place or places where operations are to be undertaken and indicate the proposed duration of the operations; and (e) insofar as is relevant to the particular land—provides reasonable information on the anticipated events and consequences associated with the operations, and on the action that is proposed to be taken to manage and address those events and consequences, in order to enable any occupier of land to make an informed decision about the impact or potential impact of the operations on the land; and (f) if relevant—contains a statement of the owner of land's rights of objection and compensation under the Act; and (g) informs the owner of land that the operations to which the notice relates are conducted under the Act and that any concerns or issues associated with the conduct of the operations may be raised with the Minister (or a person or body determined by the Minister and notified to the owner for the purposes of this regulation). 42—Notice of commencement of operations to holder of resources tenement For the purposes of section 77(2) of the Act, a notice of commencement of operations is in the required form if it— (a) states the full name and business address of the holder of the permit or the licensee (as the case requires); and (b) provides the name and telephone number of a person who can be contacted about the notice; and (c) provides a reasonable description of the operations proposed to be undertaken in the relevant permit or licence area; and (d) identifies the place or places where the operations are to be undertaken and indicate the proposed duration of the operations; and (e) insofar as is relevant to the particular permit or licence area—provides reasonable information on the anticipated events and consequences associated with the operations, and on the action that is proposed to be taken to manage and address those events and consequences, in order to enable any occupier of land within the permit or licence area to make an informed decision about the impact or potential impact of the operations on the land; and (f) if relevant—contains a statement of the rights of objection and compensation under the Act; and (g) informs the holder of the resources tenement that the operations to which the notice relates are conducted under the Act and that any concerns or issues associated with the conduct of the operations may be raised with the Minister (or a person or body determined by the Minister and notified to the holder of the resources tenement for the purposes of this regulation). 43—Objections For the purposes of section 78(5)(b) of the Act, the period of 2 months is fixed. 44—Applications for warrants For the purposes of section 87(6)(b) of the Act, the following procedures in relation to an application for the issue of a warrant are prescribed: (a) if the application is made personally—the grounds of the application must be verified by affidavit; (b) if the application is made by telephone— (i) the applicant must inform the magistrate, warden or justice of the applicant's name and identify the position that they hold for the purposes of the Act, and the magistrate, warden or justice, on receiving that information, is entitled to assume, without further inquiry, that the applicant holds that position; and (ii) the applicant must inform the magistrate, warden or justice of the purpose for which the warrant is required and the grounds on which it is sought; and (iii) if it appears to the magistrate, warden or justice from the information given by the applicant that there are proper grounds to issue a warrant, the magistrate, warden or justice must inform the applicant of the facts that justify, in their opinion, the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; and (iv) if the applicant gives such an undertaking, the magistrate, warden or justice may then make out and sign a warrant, noting on the warrant the facts that justify, in their opinion, the issue of the warrant; and (v) the warrant is taken to have been issued, and comes into force, when signed by the magistrate, warden or justice; and (vi) the magistrate, warden or justice must inform the applicant of the terms of the warrant; and (vii) the applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate, warden or justice an affidavit verifying the facts referred to in subparagraph (iii). 45—Confirmation of emergency direction For the purposes of section 91(4) of the Act, confirmation of a direction will be given by a notice of confirmation, in a form determined by the Minister, given to the person to whom the emergency direction has been issued. 46—Administrative penalties The amount of an administrative penalty fixed by Schedule 2 applies in relation to an alleged contravention of a provision of the Act specified in that Schedule. 47—Hydrogen and renewable energy register (1) Pursuant to section 108(2)(d) of the Act, the register must contain the following information in relation to each permit issued, or licence granted, under the Act: (a) the term of the permit or licence; (b) the conditions applying to the permit or licence; (c) a description of the permit or licence area; (d) if a permit or licence is transferred, assigned, held subject to a trust or otherwise dealt with—the details of the dealings with the permit or licence notified to the Minister under section 50 of the Act; (da) if there has been a change in control of the holder of a licence within the meaning of Part 4 Division 3 Subdivision 14 of the Act—the details of the change of control approved by the Minister under that Subdivision; (e) any other information in relation to the permit or licence that the Minister considers appropriate to include on the register. (2) Pursuant to paragraph (b) of the definition of prescribed particulars in section 108(5) of the Act, the following particulars are prescribed: (a) the name of the licensee; (b) if the licensee is a body corporate—the name, address, telephone number and email address of a person who may be contacted in relation to the licence. 48—Exemptions—prescribed criteria For the purposes of section 111(2) of the Act, the Minister must, before issuing an exemption under that section, have regard to the following insofar as they are relevant in a particular case: (a) whether the exemption is consistent with the purpose and objects of the Act; (b) whether the exemption will facilitate the avoidance of a duplication in compliance with the requirements under the Act or any other Act or law; (c) the nature and scale of the licence, operations or matter in relation to which an exemption is being sought; (d) any risks, impacts or consequences associated with granting the exemption; (e) the impracticality of compliance with the relevant provision of the Act or a term or condition of a licence or permit in relation to which the exemption is being sought; (f) whether the exemption would unfairly advantage or disadvantage a person or a class of persons; (g) any other factor the Minister considers relevant in the circumstances of the case. 49—Fees The Minister may, on application or on the Minister's own initiative, in respect of a fee prescribed for the purposes of the Act— (a) waive, reduce or refund (in whole or in part) a fee payable by a person or a class of persons; or (b) allow the payment of a fee by installment. 50—Modification of Schedule 1 Part 5—transitional provisions (1) In accordance with section 115(3)(b) of the Act, the following modifications to Schedule 1 Part 5 of the Act are prescribed: (a) Schedule 1 clause 16(1)—after the definition of development authorisation insert: establish means construct, install or commission; existing development authorisation means a development authorisation granted before the commencement of this Part in respect of the establishment and operation of renewable energy infrastructure, associated infrastructure or a hydrogen generation facility (whether or not the authorisation has been varied after that commencement); (b) Schedule 1 clause 16(1)—delete the definition of new operator and substitute: new operator means a person who— (a) on or after the commencement of this Part— (i) has or acquires the benefit of an existing development authorisation; and (ii) has not commenced operation of the infrastructure or facility the subject of the authorisation; and (iii) continues to have the benefit of the existing development authorisation; or (b) either— (i) immediately before the commencement of this Part, is specifically endorsed by a State agency pursuant to section 131(2)(c) of the Planning, Development and Infrastructure Act 2016 to undertake development of a kind prescribed in Schedule 13 of the Planning, Development and Infrastructure (General) Regulations 2017; or (ii) on or after the commencement of this Part, is specifically endorsed by a State agency pursuant to section 131(2)(c) of the Planning, Development and Infrastructure Act 2016 to undertake development of a kind prescribed in Schedule 13 of the Planning, Development and Infrastructure (General) Regulations 2017 jointly with, or in substitution for, a person who was so endorsed before the commencement of this Part; (c) immediately before the commencement of this Part, is lawfully establishing (other than pursuant to a development authorisation) renewable energy infrastructure, associated infrastructure or a hydrogen generation facility but has not yet commenced operating the infrastructure or facility (as the case may be); planning consent has the same meaning as in the Planning, Development and Infrastructure Act 2016; (c) Schedule 1 clause 16(1)—delete the definition of relevant licence and substitute: relevant licence means— (a) a renewable energy feasibility permit; or (b) a hydrogen generation licence; or (c) a renewable energy infrastructure licence; or (d) an associated infrastructure licence; (d) Schedule 1 clause 16(1)—delete the definition of relevant period and substitute: relevant period means the period beginning on the day on which this Part commences and ending— (a) on the expiration of the period of 12 months after that commencement; or (b) if, during the period of 12 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. (e) Schedule 1 clause 17(2) and (3)—delete subclauses (2) and (3) and substitute: (2) A new operator does not require a licence or permit under this Act to establish the renewable energy infrastructure, hydrogen generation facility or associated infrastructure that is the subject of the development authorisation but must not commence operating the infrastructure or facility (as the case may be) unless they are granted a relevant licence. (2a) Subclause (2) does not apply to a new operator who has, or later acquires, the benefit of a development authorisation in respect of a prescribed development unless— (i) the new operator has, immediately before the prescribed day, a right or interest in respect of the land sufficient to complete the prescribed development; or (ii) on or after the prescribed day—the land on which the prescribed renewable energy infrastructure is, or is intended to be, established or operated ceases to be designated land. (3) If, on or before the prescribed day, an application has been lodged for a development authorisation in respect of the establishment and operation of renewable energy infrastructure, a hydrogen generation facility or associated infrastructure that has not, on the commencement of this Part, yet been 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, a person who has, or later acquires, the benefit of the development authorisation will, for such time as the person continues to have the benefit of the development authorisation, be taken to be a new operator for the purposes of this clause. (3a) Subclause (3) does not apply to a person who has the benefit of a development authorisation in respect of a prescribed development unless— (i) the person has, immediately before the prescribed day, a right or interest in respect of the land sufficient to complete the prescribed development; or (ii) on or after the prescribed day—the land on which the prescribed renewable energy infrastructure is, or is intended to be, established or operated ceases to be designated land. (3b) The Minister may grant a relevant licence to a new operator who— (a) holds or has the benefit of a development authorisation in the form of a planning consent in relation to renewable energy infrastructure, a hydrogen generation facility or associated infrastructure; but (b) has not yet commenced operating the infrastructure or facility, and the relevant infrastructure or facility (as the case may be) will then be established in accordance with the relevant licence instead of in accordance with the development authorisation. (f) Schedule 1 clause 17(9)—delete subclause (9) and substitute: (9) If the Minister grants an application for a relevant licence under this clause, the prescribed information in relation to the licence must be entered on the register. (2) To avoid doubt, for the purposes of this regulation, a person will be taken not to have a right or interest in respect of land sufficient to complete a prescribed development if the person— (a) requires the approval of a person or body in order to use the land for the purposes of the prescribed development; and (b) that approval has not, on or before the prescribed day, been given. (3) Work that has not been certified as complying with the relevant Building Rules in accordance with the requirements of Schedule 13 of the Planning, Development and Infrastructure (General) Regulations 2017 will be taken to be development within the meaning of those regulations for the purposes of paragraph (b)(i) or (ii) of the definition of new operator if the work is so certified before the work commences. (4) In this regulation— prescribed day means the day prescribed by the Minister by notice in the Gazette for the purposes of Schedule 1, clause 17(3) of the Act; prescribed development means the establishment and operation on designated land of prescribed renewable energy infrastructure; prescribed renewable energy infrastructure means renewable energy infrastructure that has the primary purpose of generating or obtaining energy from a renewable energy resource. 50A—Transitional regulation—Schedule 1 clause 16(1) of Act For the purposes of paragraph (d) of the definition of associated infrastructure in Schedule 1 clause 16(1) of the Act, the following kinds of infrastructure are prescribed: (a) direct air capture infrastructure used for the purposes of capturing carbon dioxide associated with generating hydrogen; (b) an energy storage system that— (ii) has a storage capacity of or above a nameplate capacity of 5 MW; and (iii) is connected to a transmission or distribution network through which energy (including energy generated or obtained from a renewable energy resource) is conveyed; (c) ports, wharves or jetties associated with the import or export of any compound of hydrogen created in accordance with the provisions of the Act; (d) infrastructure necessary for the storage of any compound of hydrogen created in accordance with the provisions of the Act; (e) any other infrastructure that is necessary or incidental to undertaking a regulated activity. 50B—Transitional regulation—Schedule 1 clause 16(2) of Act In accordance with Schedule 1 clause 16(2) of the Act, renewable energy infrastructure, associated infrastructure or a hydrogen generation facility will not be taken to be in operation during commissioning of the infrastructure or facility. 51—Transitional regulation—Schedule 1 clause 17 of Act In accordance with Schedule 1 clause 17(12) of the Act, the following provisions of the Act do not apply in relation to the grant or renewal of a relevant licence under Schedule 1 clause 17 of the Act: (a) section 32; (b) section 39; (c) section 43; (d) section 77. 52—Transitional regulation (1) A designated operator does not, during the designated period, require a licence or permit under the Act to continue operating designated associated infrastructure. designated associated infrastructure means— (a) an energy storage system that— (ii) has a storage capacity of or above a nameplate capacity of 5 MW; and (iii) is connected to a transmission or distribution network through which energy (including energy generated or obtained from a renewable energy resource) is conveyed; (b) any other infrastructure that is necessary or incidental to undertaking a regulated activity; designated operator means a person who, immediately before the commencement of Schedule 1 Part 5 of the Act has the benefit of a development authorisation in respect of the establishment and operation of designated associated infrastructure; designated period means the period beginning on the day on which this regulation comes into operation and ending— (a) 6 months after that day; or (b) if, during the period of 6 months referred to in paragraph (a), the person applies for a relevant licence in accordance with Schedule 1 Part 5 of the Act—on the day on which the application for the relevant licence is determined.