17Declared areas

17 Declared areas

(1) Subject to subsection (3), the Minister may, by legislative instrument, declare a specified area in the Commonwealth offshore area for the purposes of this Act. (2) An area declared under subsection (1) is a declared area for the purposes of this Act. (3) The Minister may declare an area only if: (a) a notice proposing to declare the area has been published under section 18; and (b) the day specified in the notice under paragraph 18(d) as the day by which submissions may be made has passed; and (c) the Minister has consulted: (i) the Defence Minister; and (ii) the Minister administering section 1 of the Navigation Act 2012; and (d) the Minister is satisfied that the area is suitable for offshore renewable energy infrastructure. (4) A declared area: (a) need not be continuous; and (b) may be all of, or part of, the area specified in the notice under paragraph 18(a). (5) A declaration must set out the following: (a) the declared area; (b) any conditions under section 20 that the declaration is subject to. (6) Subsection 33(3) of the Acts Interpretation Act 1901 does not apply in relation to a declaration.

Note: For revocation of a declaration, see section 26 of this Act. For variation of a declaration, see sections 22 to 25 of this Act.