36Term of a feasibility licence

36 Term of a feasibility licence

(1) Before granting a feasibility licence, the Minister must determine the end day of the licence. (2) The end day of a feasibility licence must not be later than the day after the period of 7 years beginning on: (a) the day on which the licence is granted; or (b) if a later day is specified under paragraph 33(3)(b) as the day on which the licence comes into force—that later day. However, this subsection does not limit an extension of a feasibility licence under provisions of the licensing scheme made for the purposes of section 37. (3) The licensing scheme may provide for the manner in which the end day of a feasibility licence is to be determined. Effect of granting a commercial licence (4) If a commercial licence is granted in relation to a feasibility licence, then: (a) in a case where the licence area of the commercial licence is the whole of the licence area of the feasibility licence (including any vacated area)—the feasibility licence ceases to have effect when the commercial licence takes effect; or (b) in any other case—the end day of the feasibility licence (in respect of the whole of the licence area of the feasibility licence) is the day the commercial licence comes into force.

Note: If paragraph (b) applies, the feasibility licence remains in effect and may be surrendered under section 74 if the conditions for surrender in that section are satisfied.

(5) Subsection (4) has effect despite any extension under section 37. (6) However, if there are different end days in respect of different parts of the licence area, subsection (4) does not affect any such end day that occurs before the day the commercial licence comes into force.

Note: There may be different end days in respect of different parts of the licence area as a result of extensions under provisions of the licensing scheme made for the purposes of section 37.

Effect of end day (7) On or after the end day of a feasibility licence, the licence does not authorise the construction, installation, operation or maintenance of offshore renewable energy infrastructure, except to the extent necessary to decommission infrastructure.

Note: The licence remains in force until cancelled under section 73 or surrendered under section 74.