Offshore Electricity Infrastructure Act 2021
142Regulator may determine a protection zone
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142 Regulator may determine a protection zone
(1) The Regulator may, by legislative instrument, determine that a specified area in the Commonwealth offshore area is a protection zone in relation to offshore renewable energy infrastructure or offshore electricity transmission infrastructure that is, or is proposed to be, installed in the area under a specified licence. (2) The Regulator may make a determination under subsection (1) only if the Regulator is satisfied that: (a) either: (i) there is a risk to human safety, or to offshore renewable energy infrastructure or offshore electricity transmission infrastructure, in the protection zone; or (ii) there would be such a risk if offshore infrastructure activities were carried out in the protection zone in accordance with a management plan that the Regulator has approved under the licensing scheme; and (b) the determination would avoid or reduce that risk. (3) A determination of a protection zone must: (a) identify the area covered by the protection zone, which must be determined in accordance with regulations made for the purposes of this paragraph; and (b) include any other information prescribed by the regulations. (4) A determination of a protection zone may: (a) set out, in accordance with section 144, the activities that are prohibited in the protection zone; and (b) set out, in accordance with section 145, the restrictions that apply to specified activities in the protection zone.