114Licensing scheme must provide for management plans

114 Licensing scheme must provide for management plans

(1) The licensing scheme must provide for: (a) licence holders to prepare plans for the offshore infrastructure activities and other activities that are to be carried out under licences; and (b) procedures for a licence holder to apply to the Regulator for the Regulator to approve such a plan; and (c) procedures for the Regulator to consider such an application, and approve or refuse to approve the plan.

Note 1: A plan that has been approved for a licence by the Regulator under the licensing scheme is a management plan for the licence.

Note 2: The holder of a licence must have a management plan for the licence in order to carry out offshore infrastructure activities under the licence.

(2) Without limiting subsection (1), the licensing scheme may provide for any of the following: (a) matters to which the Regulator may or must have regard when considering whether to approve a management plan; (b) the revision of management plans, including requirements for a licence holder to revise a management plan and procedures for the Regulator to consider a revised management plan and approve, or refuse to approve, the revised management plan; (c) requirements for consultation in relation to an application for approval of a management plan or a revised management plan; (d) requirements for a licence holder to give notifications to the Regulator in relation to the design of offshore renewable energy infrastructure and offshore electricity transmission infrastructure; (da) procedures for the Regulator to assess and provide feedback on a design referred to in paragraph (d); (e) the holder of a feasibility licence to apply for the Regulator to approve a management plan for a commercial licence that the holder has applied for, or proposes to apply for; (f) requirements that, for the purposes of paragraph 74(3)(d), the licence holder must comply with for the licence to be surrendered. (3) Despite section 46AA of the Acts Interpretation Act 1901, the licensing scheme may provide for a management plan to provide for a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time. (4) A management plan is not a legislative instrument.