Part 1
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Commonwealth act
The Offshore Electricity Infrastructure Act 2021 creates Australia’s first federal framework to approve and regulate offshore wind farms, undersea cables and related electricity infrastructure in Commonwealth waters. It establishes a licensing regime, safety and environmental oversight, mandatory public consultation, and criminal/civil penalties for unlicensed activity.
It affects developers and investors (who need licences and must be Australian‑incorporated), other ocean users (safety/protection zones and consultation), offshore workers (WHS coverage), and taxpayers/consumers by enabling large‑scale offshore renewables to support climate targets.
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Direct links to the current provisions in Offshore Electricity Infrastructure Act 2021.
This Act is the Offshore Electricity Infrastructure Act 2021.
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement information</span></p></td></tr><tr><td style="width:23.92%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p></td><td style="width:53.84%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p></td><td style="width:22.24%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 3</span></p></td></tr><tr><td style="width:23.92%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Provisions</span></p></td><td style="width:53.84%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement</span></p></td><td style="width:22.24%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:23.92%; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1.</span><span> </span><span>The whole of this Act</span></p></td><td style="width:53.84%; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>A single day to be fixed by Proclamation.</span></p><p class="Tabletext"><span>However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.</span></p></td><td style="width:22.24%; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>2</span><span> </span><span>June 2022</span></p></td></tr></tbody></table>
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
The object of this Act is to provide an effective regulatory framework for: (a) offshore renewable energy infrastructure; and (b) offshore electricity transmission infrastructure.
This Act regulates offshore electricity infrastructure by:
(a) prohibiting unauthorised offshore renewable energy infrastructure and offshore electricity transmission infrastructure in the Commonwealth offshore area; and
(b) providing for the Minister to declare areas that are suitable for offshore renewable energy infrastructure; and
(c) providing for the Minister to grant various kinds of licences authorising offshore renewable energy infrastructure and offshore electricity transmission infrastructure in the Commonwealth offshore area.
Offshore renewable energy infrastructure is offshore infrastructure (such as an offshore wind farm) for generating electricity or other forms of energy from renewable energy resources, and storing or transmitting the electricity or energy.
Offshore electricity transmission infrastructure is offshore infrastructure (such as an undersea cable and other infrastructure associated with the cable) for storing or transmitting electricity (including electricity not generated from renewable sources).
For the purpose of regulating offshore electricity infrastructure, this Act establishes the Offshore Infrastructure Registrar and provides for the National Offshore Petroleum Safety and Environmental Management Authority to be the Offshore Infrastructure Regulator for the purposes of this Act.
The Registrar is responsible for keeping the Register of Offshore Infrastructure Licences, and for other administrative tasks.
The Regulator is responsible for the management and operation of offshore infrastructure, and for monitoring, investigating and enforcing compliance in the Commonwealth offshore area.
Work health and safety is provided for by applying the Work Health and Safety Act 2011 to offshore infrastructure activities. This Act also applies State and Territory laws in relation to offshore infrastructure.
This Act extends to the following external Territories: (a) Norfolk Island; (b) the Coral Sea Islands Territory; (c) the Territory of Ashmore and Cartier Islands; (d) the Territory of Christmas Island; (e) the Territory of Cocos (Keeling) Islands; (f) the Territory of Heard Island and McDonald Islands.
(1) This Act binds the Crown in each of its capacities. (2) However, this Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence. (3) The protection in subsection (2) does not apply to an authority of the Crown.
(1) This section applies to the provisions of this Act to the extent to which they relate to offshore electricity transmission infrastructure for the transmission of electricity to or from a place beyond the outer limits of the Commonwealth offshore area. (2) The provisions have effect subject to Australia’s obligations under international law, including obligations under any agreement between Australia and any foreign country or countries.
In this Act:
acts jointly with: for when a person acts jointly with another person, see subsection 84(2).
applicable document means:
(a) an application made to the Minister or the Registrar under Chapter 3 (licensing); or
(b) a document accompanying such an application; or
(c) a report, return or other document that relates to a licence or an application for a licence and was given to the Minister or the Registrar under:
(i) Chapter 3 (licensing) or 7 (information relating to offshore infrastructure); or
(ii) regulations made for the purposes of those Chapters.
applied State and Territory provisions: see subsection 248(2).
applied work health and safety provisions means the provisions of the Work Health and Safety Act, and (subject to section 243 of this Act) the regulations made under that Act, as applied by Part 1 of Chapter 6 of this Act.
approval period: see section 85.
Australia, when used in a geographical sense, includes the external Territories to which this Act extends.
Note: For the external Territories to which this Act extends, see section 5.
Australian national means:
(a) an Australian citizen; or
(b) a body corporate established by, or under, a law of:
(i) the Commonwealth; or
(ii) a State; or
(iii) a Territory; or
(c) the Commonwealth; or
(d) a State; or
(e) a Territory.
Australian vessel has the same meaning as Australian ship has in the Customs Act 1901.
Australia’s greenhouse gas emissions reduction targets means:
(a) if:
(i) Australia’s current nationally determined contribution was communicated in accordance with Article 4 of the Paris Agreement in June 2022; and
(ii) that nationally determined contribution has not been adjusted in accordance with paragraph 11 of Article 4 of the Paris Agreement;
the greenhouse gas emissions reduction targets set out in paragraphs 10(1)(a) and (b) of the Climate Change Act 2022; or
(b) in any other case—the greenhouse gas emissions reduction targets included in:
(i) Australia’s current nationally determined contribution communicated in accordance with Article 4 of the Paris Agreement; or
(ii) if that nationally determined contribution has been adjusted in accordance with paragraph 11 of Article 4 of the Paris Agreement—that nationally determined contribution, as adjusted and in force from time to time.
authorised safety zone official: see section 140.
CEO means the Chief Executive Officer of NOPSEMA.
Note 1: See section 176.
Note 2: NOPSEMA is the Regulator for the purposes of this Act (see section 175).
change in control: for when there is a change in control of a licence holder, see subsection 84(4).
civil penalty provision has the same meaning as in the Regulatory Powers Act.
coastal waters:
(a) of a State—means that part of the sea that is included in the coastal waters of the State (within the meaning of the Coastal Waters (State Powers) Act 1980) and includes the airspace over, and the seabed and subsoil beneath, that part of that sea; and
(b) of the Northern Territory—means that part of the sea that is included in the coastal waters of the Territory (within the meaning of the Coastal Waters (Northern Territory Powers) Act 1980) and includes the airspace over, and the seabed and subsoil beneath, that part of that sea.
commercial licence means a licence granted under section 42.
Commonwealth offshore area means the following areas, and the seabed and subsoil beneath those areas:
(a) the territorial sea of Australia;
(b) the exclusive economic zone;
but does not include the coastal waters of a State or the Northern Territory.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
controls: for when a person controls a licence holder, see subsection 84(1).
data management direction means a direction given under subsection 263(2) or 264(2).
datum means a reference frame for defining geographic coordinates.
Note: If the position on the surface of the Earth of a particular point is identified by a coordinate that is determined by reference to a particular datum, the use of a different datum will result in the same point being identified by a different coordinate.
declaration means a declaration under section 17.
declared area: see subsection 17(2).
Defence Minister means the Minister administering section 1 of the Defence Act 1903.
de‑identified, in relation to personal information, has the same meaning as in the Privacy Act 1988.
documentary information means information contained in an applicable document.
do not disturb notice: see subsection 205(2).
eligible person means:
(a) a body corporate that has a registered office (within the meaning of the Corporations Act 2001) in Australia; or
(b) a body corporate established for a public purpose by or under a law of the Commonwealth or a State or Territory.
Note: A person must be an eligible person in order to apply for a licence, and a licence that is not held by an eligible person may be cancelled.
end day:
(a) of a feasibility licence—has the meaning given by section 36 (subject to any extension under section 37); and
(b) of a commercial licence—has the meaning given by section 46 (subject to any extension under section 47); and
(c) of a research and demonstration licence—has the meaning given by section 55 (subject to any extension under section 56); and
(d) of a transmission and infrastructure licence—has the meaning given by section 64 (subject to any extension under section 65).
engage in conduct means to do an act or omit to do an act.
enter, when used in relation to premises that are a vessel, includes board.
evidential material has the same meaning as in the Regulatory Powers Act.
exploit, in relation to a renewable energy resource, includes:
(a) generating or obtaining a renewable energy product from the renewable energy resource; and
(b) storing, transmitting or otherwise conveying a renewable energy product generated or obtained from the renewable energy resource.
explore includes exploring for the existence of, or assessing or scoping the extent, capacity or attributes of, a renewable energy resource.
feasibility licence means a licence granted under section 33.
Federal Court means the Federal Court of Australia.
fixed or tethered infrastructure means any infrastructure, structure or installation that:
(a) rests on the seabed; or
(b) is fixed or connected to the seabed (whether or not the infrastructure, structure or installation is floating); or
(c) is attached or tethered to any other fixed or tethered infrastructure (including other fixed or tethered infrastructure covered by this paragraph);
but does not include a vessel that is temporarily moored or anchored to the seabed.
foreign national means a person who is not an Australian national.
foreign vessel means a vessel that is not an Australian vessel.
holder, in relation to a licence, means an eligible person to whom a licence has been:
(a) granted under Part 1 of Chapter 3; or
(b) transferred under section 70;
so long as the licence has not been cancelled under section 73, surrendered under section 74 (in respect of the whole of the licence area) or transferred to another eligible person under section 70.
improvement notice: see subsection 209(2).
included offshore area of a State or Territory: see section 247.
infrastructure integrity, in relation to offshore renewable energy infrastructure or offshore electricity transmission infrastructure, means the following:
(a) the ability of the infrastructure to perform in accordance with its intended purpose;
(b) the structural soundness, strength and stability of the infrastructure;
(c) the mechanical integrity and systems integrity (including the integrity of electrical, hydraulic and other systems) of the infrastructure.
licence means any of the following:
(a) a feasibility licence;
(b) a commercial licence;
(c) a research and demonstration licence;
(d) a transmission and infrastructure licence.
licence area, in relation to a licence, has the meaning given by:
(a) for a feasibility licence—subsection 33(2); and
(b) for a commercial licence—subsection 42(2); and
(c) for a research and demonstration licence—subsection 52(2); and
(d) for a transmission and infrastructure licence—subsection 61(3).
licence holder’s representative: see subsection 201(2).
licence infrastructure, in relation to a licence, means offshore renewable energy infrastructure or offshore electricity transmission infrastructure that is, or is to be, constructed, installed, commissioned, operated, maintained or decommissioned in accordance with the licence.
licensing scheme: see subsection 29(1).
listed WHS law: see section 221.
management plan: the management plan for a licence is a plan, for the offshore infrastructure activities and other activities that are to be carried out under the licence, that has been approved by the Regulator under the licensing scheme.
Note: See section 114 (licensing scheme must provide for management plans).
master, in relation to a vessel, means the person having command or charge of the vessel.
meets the merit criteria:
(a) for when a feasibility licence meets the merit criteria, see section 34; and
(b) for when a commercial licence meets the merit criteria, see section 44; and
(c) for when a research and demonstration licence meets the merit criteria, see section 53; and
(d) for when a transmission and infrastructure licence meets the merit criteria, see section 62.
NOPSEMA means the National Offshore Petroleum Safety and Environmental Management Authority.
OEI inspection means an inspection conducted by an OEI inspector in the exercise of the OEI inspector’s powers under Part 2 or 3 of the Regulatory Powers Act, as it applies under Division 3 of Part 4 of Chapter 5 of this Act.
OEI inspector means a person appointed as an OEI inspector under section 192.
offshore electricity infrastructure levy has the same meaning as in the Offshore Electricity Infrastructure (Regulatory Levies) Act 2021.
offshore electricity transmission infrastructure has the meaning given by section 11.
offshore infrastructure activity means the construction, installation, commissioning, operation, maintenance or decommissioning of:
(a) offshore renewable energy infrastructure; or
(b) offshore electricity transmission infrastructure.
offshore infrastructure information has the meaning given by section 291.
offshore infrastructure project, in relation to a licence, means all of the following:
(a) the offshore renewable energy infrastructure or offshore electricity transmission infrastructure that is, or is to be, constructed, installed, commissioned, operated, maintained or decommissioned under the licence;
(b) any activities that are, or are to be, carried out under the licence in the licence area by or on behalf of the licence holder;
(c) any activities that this Act requires to be carried out in the licence area by or on behalf of the licence holder.
Offshore Infrastructure Registrar Special Account means the Offshore Infrastructure Registrar Special Account established by section 171.
offshore premises means any of the following:
(a) offshore renewable energy infrastructure in the Commonwealth offshore area;
(b) offshore electricity transmission infrastructure in the Commonwealth offshore area;
(c) any vessel, or other premises, in the Commonwealth offshore area that is being used or is to be used, or that has been used, for the carrying out of an activity in connection with the exercise of a licence holder’s rights, or the performance of a licence holder’s obligations, under this Act or the licence.
offshore renewable energy infrastructure has the meaning given by section 10.
own includes own jointly or own in part.
Paris Agreement means the Paris Agreement, done at Paris on 12 December 2015, as amended and in force for Australia from time to time.
Note: The Agreement is in Australian Treaty Series 2016 No. 24 ([2016] ATS 24) and could in 2022 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
personal information has the same meaning as in the Privacy Act 1988.
premises has the same meaning as in the Regulatory Powers Act.
Note: See also subsection 197(2), which provides for an extended meaning of premises for the purposes of certain provisions of the Regulatory Powers Act.
prohibition notice: see subsection 207(2).
proposed commercial offshore infrastructure project, in relation to a feasibility licence (including an application for a feasibility licence): see paragraph 30(a).
protection zone means a protection zone determined by the Regulator under subsection 142(1).
Register means the Register of Offshore Infrastructure Licences kept under section 162.
Registrar means the Offshore Infrastructure Registrar.
Note: See section 153.
Registrar’s Department means the Department of State of the Commonwealth that the Registrar is an SES employee in.
Regulator means NOPSEMA.
Note: See section 175.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
renewable energy product means:
(a) electricity generated or obtained from one or more renewable energy resources; or
(b) any thing that embodies or contains energy that was generated or obtained from one or more renewable energy resources, for the purposes of storing, transmitting or using the energy.
renewable energy resource has the meaning given by section 13.
research and demonstration licence means a licence granted under section 52.
safety zone: see subsection 136(2).
Secretary means the Secretary of the Department.
this Act includes the regulations.
transmission and infrastructure licence means a licence granted under section 61.
vacated area, in relation to a licence (including a licence that is no longer in effect), means any area that:
(a) was at any time part of the licence area; and
(b) is no longer part of the licence area:
(i) because the licence has ceased to be in effect; or
(ii) because the licence has been varied to remove the area; or
(iii) because the licence has been extended, but the extension does not apply to the area; or
(iv) because the licence has been surrendered in respect of the area; or
(v) for any other reason;
and, in relation to a commercial licence that was granted on the basis of a particular feasibility licence, includes an area that: (c) is a vacated area in relation to the feasibility licence; and (d) is not part of the licence area of the commercial licence.
vessel means any kind of vessel used in navigation by water, however propelled or moved.
Work Health and Safety Act: see section 226.
(1) Subject to subsection (2), the position on the surface of the Earth of a point, a line or an area is to be determined, for the purposes of this Act, by reference to the Australian Geodetic Datum as defined in Gazette No. 84 of 6 October 1966 (AGD66 geodetic data set). (2) The regulations may: (a) provide for the position on the surface of the Earth of a point, a line or an area to be determined in some other way for the purposes of this Act; and (b) make provision for matters of a transitional nature arising from a change in the way the position on the surface of the Earth of a point, a line or an area is to be determined. (3) Subsection (2) does not authorise the regulations to provide for any change to the position on the surface of the Earth of a point, line or area. (4) Regulations made for the purposes of subsection (2) may apply, adopt or incorporate, with or without modification, any matter contained in any instrument or other writing as in force at a particular time or as in force from time to time.
(1) For the purposes of this Act, offshore renewable energy infrastructure means fixed or tethered infrastructure that has the primary purpose of engaging in any of the following activities: (a) exploring for one or more renewable energy resources; (b) assessing the feasibility of exploiting a renewable energy resource; (c) exploiting a renewable energy resource; (d) storing, transmitting or conveying a renewable energy product. (2) The following are also offshore renewable energy infrastructure: (a) any infrastructure, structure or installation that would be offshore renewable energy infrastructure except that it is being constructed, installed or decommissioned; (b) any infrastructure, structure or installation that would be offshore renewable energy infrastructure except that it has temporarily or accidentally ceased to be fixed or tethered infrastructure. Exclusions (3) Despite subsections (1) and (2), the following are not offshore renewable energy infrastructure: (a) an infrastructure facility within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006; (b) a facility within the meaning of Schedule 3 to that Act; (c) fixed or tethered infrastructure for the purpose of exploring for minerals (within the meaning of the Offshore Minerals Act 1994) or recovery of minerals (within the meaning of that Act); (d) a cable: (i) that is laid on or beneath the seabed that lies beneath the Commonwealth offshore area; and (ii) that is not connected to any place in Australia; and (iii) that is not connected to anything else in, or inside the inner limits of, the Commonwealth offshore area; (e) any infrastructure, structure or installation of a kind prescribed by the regulations for the purposes of this paragraph.
Note: See also section 309 (pre‑existing infrastructure).
(1) For the purposes of this Act, offshore electricity transmission infrastructure means fixed or tethered infrastructure that has the primary purpose of storing, transmitting or conveying electricity (whether or not the electricity is generated from a renewable energy resource). (2) The following are also offshore electricity transmission infrastructure: (a) any infrastructure, structure or installation that would be offshore electricity transmission infrastructure except that it is being constructed, installed or decommissioned; (b) any infrastructure, structure or installation that would be offshore electricity transmission infrastructure except that it has temporarily or accidentally ceased to be fixed or tethered infrastructure. Exclusions (3) Despite subsections (1) and (2), the following are not offshore electricity transmission infrastructure: (a) an infrastructure facility within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006; (b) a facility within the meaning of Schedule 3 to that Act; (c) fixed or tethered infrastructure for the purpose of exploring for minerals (within the meaning of the Offshore Minerals Act 1994) or recovery of minerals (within the meaning of that Act); (d) a cable: (i) that is laid on or beneath the seabed that lies beneath the Commonwealth offshore area; and (ii) that is not connected to any place in Australia; and (iii) that is not connected to anything else in, or inside the inner limits of, the Commonwealth offshore area; (e) any infrastructure, structure or installation of a kind prescribed by the regulations for the purposes of this paragraph.
Note: See also section 309 (pre‑existing infrastructure).
To avoid doubt, a single piece of infrastructure may be both offshore renewable energy infrastructure and offshore electricity transmission infrastructure.
(1) For the purposes of this Act, a renewable energy resource is any of the following from which energy may be obtained: (a) wind and air flow; (b) wind‑generated waves; (c) tides; (d) ocean currents; (e) light or heat from the sun; (f) rain; (g) geothermal heat; (h) a resource, event or circumstance prescribed by the regulations for the purposes of this paragraph. Regulations (2) For the purposes of this Act, the regulations may provide that a resource, event or circumstance referred to in subsection (1) has the meaning prescribed by the regulations. (3) For the purposes of this Act, the regulations may make provision for and in relation to limiting the meaning of a resource, event or circumstance referred to in subsection (1).
Chapter 2—Regulation of offshore infrastructure activities
It is prohibited to construct, install, commission, operate, maintain or decommission:
(a) offshore renewable energy infrastructure; or
(b) offshore electricity transmission infrastructure;
in the Commonwealth offshore area without a licence or other authorisation under this Act.
(1) A person contravenes this subsection if: (a) the person constructs, installs, commissions, operates, maintains or decommissions fixed or tethered infrastructure; and (b) the fixed or tethered infrastructure is: (i) offshore renewable energy infrastructure; or (ii) offshore electricity transmission infrastructure; and (c) the fixed or tethered infrastructure is in the Commonwealth offshore area. Exception—licence or other authorisation (2) Subsection (1) does not apply to conduct that is: (a) authorised by a licence; or (b) otherwise authorised or required by or under this Act.
Note 1: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
Note 2: A licence authorises the construction, installation, commissioning, operation, maintenance or decommissioning of offshore renewable energy infrastructure or offshore electricity transmission infrastructure only if there is a management plan for the licence and the licence holder has provided financial security in relation to the infrastructure.
Fault‑based offence (3) A person commits an offence if the person contravenes subsection (1).
Penalty: Imprisonment for 5 years.
Civil penalty (4) A person is liable for a civil penalty if the person contravenes subsection (1).
Civil penalty: 3,000 penalty units.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act is the Offshore Electricity Infrastructure Act 2021.
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement information</span></p></td></tr><tr><td style="width:23.92%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p></td><td style="width:53.84%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p></td><td style="width:22.24%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 3</span></p></td></tr><tr><td style="width:23.92%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Provisions</span></p></td><td style="width:53.84%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement</span></p></td><td style="width:22.24%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:23.92%; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1.</span><span> </span><span>The whole of this Act</span></p></td><td style="width:53.84%; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>A single day to be fixed by Proclamation.</span></p><p class="Tabletext"><span>However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.</span></p></td><td style="width:22.24%; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>2</span><span> </span><span>June 2022</span></p></td></tr></tbody></table>
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
The object of this Act is to provide an effective regulatory framework for: (a) offshore renewable energy infrastructure; and (b) offshore electricity transmission infrastructure.
This Act regulates offshore electricity infrastructure by:
(a) prohibiting unauthorised offshore renewable energy infrastructure and offshore electricity transmission infrastructure in the Commonwealth offshore area; and
(b) providing for the Minister to declare areas that are suitable for offshore renewable energy infrastructure; and
(c) providing for the Minister to grant various kinds of licences authorising offshore renewable energy infrastructure and offshore electricity transmission infrastructure in the Commonwealth offshore area.
Offshore renewable energy infrastructure is offshore infrastructure (such as an offshore wind farm) for generating electricity or other forms of energy from renewable energy resources, and storing or transmitting the electricity or energy.
Offshore electricity transmission infrastructure is offshore infrastructure (such as an undersea cable and other infrastructure associated with the cable) for storing or transmitting electricity (including electricity not generated from renewable sources).
For the purpose of regulating offshore electricity infrastructure, this Act establishes the Offshore Infrastructure Registrar and provides for the National Offshore Petroleum Safety and Environmental Management Authority to be the Offshore Infrastructure Regulator for the purposes of this Act.
The Registrar is responsible for keeping the Register of Offshore Infrastructure Licences, and for other administrative tasks.
The Regulator is responsible for the management and operation of offshore infrastructure, and for monitoring, investigating and enforcing compliance in the Commonwealth offshore area.
Work health and safety is provided for by applying the Work Health and Safety Act 2011 to offshore infrastructure activities. This Act also applies State and Territory laws in relation to offshore infrastructure.
This Act extends to the following external Territories: (a) Norfolk Island; (b) the Coral Sea Islands Territory; (c) the Territory of Ashmore and Cartier Islands; (d) the Territory of Christmas Island; (e) the Territory of Cocos (Keeling) Islands; (f) the Territory of Heard Island and McDonald Islands.
(1) This Act binds the Crown in each of its capacities. (2) However, this Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence. (3) The protection in subsection (2) does not apply to an authority of the Crown.
(1) This section applies to the provisions of this Act to the extent to which they relate to offshore electricity transmission infrastructure for the transmission of electricity to or from a place beyond the outer limits of the Commonwealth offshore area. (2) The provisions have effect subject to Australia’s obligations under international law, including obligations under any agreement between Australia and any foreign country or countries.
In this Act:
acts jointly with: for when a person acts jointly with another person, see subsection 84(2).
applicable document means:
(a) an application made to the Minister or the Registrar under Chapter 3 (licensing); or
(b) a document accompanying such an application; or
(c) a report, return or other document that relates to a licence or an application for a licence and was given to the Minister or the Registrar under:
(i) Chapter 3 (licensing) or 7 (information relating to offshore infrastructure); or
(ii) regulations made for the purposes of those Chapters.
applied State and Territory provisions: see subsection 248(2).
applied work health and safety provisions means the provisions of the Work Health and Safety Act, and (subject to section 243 of this Act) the regulations made under that Act, as applied by Part 1 of Chapter 6 of this Act.
approval period: see section 85.
Australia, when used in a geographical sense, includes the external Territories to which this Act extends.
Note: For the external Territories to which this Act extends, see section 5.
Australian national means:
(a) an Australian citizen; or
(b) a body corporate established by, or under, a law of:
(i) the Commonwealth; or
(ii) a State; or
(iii) a Territory; or
(c) the Commonwealth; or
(d) a State; or
(e) a Territory.
Australian vessel has the same meaning as Australian ship has in the Customs Act 1901.
Australia’s greenhouse gas emissions reduction targets means:
(a) if:
(i) Australia’s current nationally determined contribution was communicated in accordance with Article 4 of the Paris Agreement in June 2022; and
(ii) that nationally determined contribution has not been adjusted in accordance with paragraph 11 of Article 4 of the Paris Agreement;
the greenhouse gas emissions reduction targets set out in paragraphs 10(1)(a) and (b) of the Climate Change Act 2022; or
(b) in any other case—the greenhouse gas emissions reduction targets included in:
(i) Australia’s current nationally determined contribution communicated in accordance with Article 4 of the Paris Agreement; or
(ii) if that nationally determined contribution has been adjusted in accordance with paragraph 11 of Article 4 of the Paris Agreement—that nationally determined contribution, as adjusted and in force from time to time.
authorised safety zone official: see section 140.
CEO means the Chief Executive Officer of NOPSEMA.
Note 1: See section 176.
Note 2: NOPSEMA is the Regulator for the purposes of this Act (see section 175).
change in control: for when there is a change in control of a licence holder, see subsection 84(4).
civil penalty provision has the same meaning as in the Regulatory Powers Act.
coastal waters:
(a) of a State—means that part of the sea that is included in the coastal waters of the State (within the meaning of the Coastal Waters (State Powers) Act 1980) and includes the airspace over, and the seabed and subsoil beneath, that part of that sea; and
(b) of the Northern Territory—means that part of the sea that is included in the coastal waters of the Territory (within the meaning of the Coastal Waters (Northern Territory Powers) Act 1980) and includes the airspace over, and the seabed and subsoil beneath, that part of that sea.
commercial licence means a licence granted under section 42.
Commonwealth offshore area means the following areas, and the seabed and subsoil beneath those areas:
(a) the territorial sea of Australia;
(b) the exclusive economic zone;
but does not include the coastal waters of a State or the Northern Territory.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
controls: for when a person controls a licence holder, see subsection 84(1).
data management direction means a direction given under subsection 263(2) or 264(2).
datum means a reference frame for defining geographic coordinates.
Note: If the position on the surface of the Earth of a particular point is identified by a coordinate that is determined by reference to a particular datum, the use of a different datum will result in the same point being identified by a different coordinate.
declaration means a declaration under section 17.
declared area: see subsection 17(2).
Defence Minister means the Minister administering section 1 of the Defence Act 1903.
de‑identified, in relation to personal information, has the same meaning as in the Privacy Act 1988.
documentary information means information contained in an applicable document.
do not disturb notice: see subsection 205(2).
eligible person means:
(a) a body corporate that has a registered office (within the meaning of the Corporations Act 2001) in Australia; or
(b) a body corporate established for a public purpose by or under a law of the Commonwealth or a State or Territory.
Note: A person must be an eligible person in order to apply for a licence, and a licence that is not held by an eligible person may be cancelled.
end day:
(a) of a feasibility licence—has the meaning given by section 36 (subject to any extension under section 37); and
(b) of a commercial licence—has the meaning given by section 46 (subject to any extension under section 47); and
(c) of a research and demonstration licence—has the meaning given by section 55 (subject to any extension under section 56); and
(d) of a transmission and infrastructure licence—has the meaning given by section 64 (subject to any extension under section 65).
engage in conduct means to do an act or omit to do an act.
enter, when used in relation to premises that are a vessel, includes board.
evidential material has the same meaning as in the Regulatory Powers Act.
exploit, in relation to a renewable energy resource, includes:
(a) generating or obtaining a renewable energy product from the renewable energy resource; and
(b) storing, transmitting or otherwise conveying a renewable energy product generated or obtained from the renewable energy resource.
explore includes exploring for the existence of, or assessing or scoping the extent, capacity or attributes of, a renewable energy resource.
feasibility licence means a licence granted under section 33.
Federal Court means the Federal Court of Australia.
fixed or tethered infrastructure means any infrastructure, structure or installation that:
(a) rests on the seabed; or
(b) is fixed or connected to the seabed (whether or not the infrastructure, structure or installation is floating); or
(c) is attached or tethered to any other fixed or tethered infrastructure (including other fixed or tethered infrastructure covered by this paragraph);
but does not include a vessel that is temporarily moored or anchored to the seabed.
foreign national means a person who is not an Australian national.
foreign vessel means a vessel that is not an Australian vessel.
holder, in relation to a licence, means an eligible person to whom a licence has been:
(a) granted under Part 1 of Chapter 3; or
(b) transferred under section 70;
so long as the licence has not been cancelled under section 73, surrendered under section 74 (in respect of the whole of the licence area) or transferred to another eligible person under section 70.
improvement notice: see subsection 209(2).
included offshore area of a State or Territory: see section 247.
infrastructure integrity, in relation to offshore renewable energy infrastructure or offshore electricity transmission infrastructure, means the following:
(a) the ability of the infrastructure to perform in accordance with its intended purpose;
(b) the structural soundness, strength and stability of the infrastructure;
(c) the mechanical integrity and systems integrity (including the integrity of electrical, hydraulic and other systems) of the infrastructure.
licence means any of the following:
(a) a feasibility licence;
(b) a commercial licence;
(c) a research and demonstration licence;
(d) a transmission and infrastructure licence.
licence area, in relation to a licence, has the meaning given by:
(a) for a feasibility licence—subsection 33(2); and
(b) for a commercial licence—subsection 42(2); and
(c) for a research and demonstration licence—subsection 52(2); and
(d) for a transmission and infrastructure licence—subsection 61(3).
licence holder’s representative: see subsection 201(2).
licence infrastructure, in relation to a licence, means offshore renewable energy infrastructure or offshore electricity transmission infrastructure that is, or is to be, constructed, installed, commissioned, operated, maintained or decommissioned in accordance with the licence.
licensing scheme: see subsection 29(1).
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