26Revoking a declaration

26 Revoking a declaration

(1) Subject to subsection (2), the Minister may, by legislative instrument, revoke a declaration.

Note: Any licence in force in respect of a licence area in the declared area remains in force. However, the end day of such a licence may not be extended, and no further licences may be granted in respect of the declared area (including a commercial licence in relation to a feasibility licence already in force).

(2) The Minister may revoke a declaration under subsection (1) only if: (a) a notice proposing to revoke the declaration has been published under section 27; and (b) the day specified in the notice under paragraph 27(1)(d) as the day by which submissions may be made has passed; and (c) one or more of the following applies: (i) the Minister becomes aware of circumstances which the Minister considers justify the revocation; (ii) the Minister is satisfied that the declared area is no longer suitable for offshore renewable energy infrastructure, and could not be made suitable by a variation under section 23; (iii) the Minister is satisfied that circumstances specified in the declaration under subsection 20(6) apply. (3) In deciding whether to revoke a declaration under subsection (1), the Minister: (a) must have regard to any submissions received in accordance with the notice under section 27; and (b) must have regard to Australia’s international obligations in relation to the declared area; and (ba) must have regard to Australia’s greenhouse gas emissions reduction targets; and (c) may have regard to any other matters that the Minister considers relevant.