Offshore Electricity Infrastructure (Declared Area OEI-02-2024) Declaration 2024

Declared area: The instrument creates a defined entity named “Declared Area OEI‑02‑2024” and declares it for the purposes of the Offshore Electricity Infrastructure Act 2021 (section 5(1)). The declared area is described in Schedule 1 as the closed line running along the geodesics connecting a sequential series of co‑ordinates (Schedule 1, Part 1). The datum for those co‑ordinates is the Geocentric Datum of Australia 1994 (GDA94) as stated in Schedule 1 and section 4 (Schedule 1; section 4, Note 2). A simplified map that shows the location of the declared area is included as Schedule 2 and is expressly referenced in section 5(2).

Licence types and trigger conditions: The instrument focuses on two licence types identified in the Act: feasibility licences and research and demonstration licences. The instrument assumes those terms are defined in section 8 of the Act and directs the reader to that definition (section 4, Note 1). The obligations in section 6 are triggered when a licence of those types is granted in respect of the declared area or any part of it. Item 4 additionally requires that certain fishing rights be exercisable in relation to the licence area before that item’s obligations attach (section 6, Item 4 Column 1(c)).

Management plans and consultation: The core regulatory mechanism imposed is the requirement that licence holders must consult particular agencies or persons when preparing the management plan, and must address the outcomes of those consultations in the plan (section 6, Items 1-4 Column 2). The named consultation counterparts are the Australian Maritime Safety Authority, the Civil Aviation Safety Authority, the Department of Defence, the Bureau of Meteorology, and, in specified circumstances, holders of fishing concessions under the Fisheries Management Act 1991 or licences under the Fisheries Management Act 1994 (NSW), or their nominated representative organisations (section 6 Items 1-4; section 4 definitions reference the named Commonwealth agencies).

Outcome focus and mitigation/offset language: The instrument requires management plans to address the outcomes of specified consultations. For Defence, the plan must address how impacts may be avoided and mitigated (section 6, Item 2 Column 2(b)). For the Bureau of Meteorology and for fishing concession/license holders, the plan must address how impacts may be avoided, mitigated, or offset (section 6, Items 3 and 4 Column 2(b)). For AMSA and CASA, the management plan must address the outcomes of consultation, without the explicit list of avoidance, mitigation or offset language that appears in Items 2-4 (section 6, Item 1 Column 2).

Geodetic specificity and mapping: Schedule 1 expressly states that co‑ordinates are expressed in terms of GDA94. The declared area is defined as a line connecting 14 named points, and the instrument sets out the latitude and longitude for each point to seconds and decimal seconds precision (Schedule 1, Part 1). The instrument therefore makes the spatial extent precise and anchors plan preparation, stakeholder identification and maritime safety or aviation considerations to those co‑ordinates.

Cross‑referenced legislation and authorities: The instrument refers to the Offshore Electricity Infrastructure Act 2021 as the authorising legislation (section 3) and notes that expressions used are defined in section 8 of the Act (section 4, Note 1). It also refers to the Offshore Electricity Infrastructure Regulations 2022 for the rule that the position on the surface of the Earth is determined by reference to GDA94 (section 4, Note 2). The instrument defines shorthand references to the Australian Maritime Safety Authority, the Bureau of Meteorology, and the Civil Aviation Safety Authority by reference to their enabling Acts (section 4).

Limitations of the instrument: The instrument is narrow in scope. It declares an area and prescribes particular licence management plan consultation and content obligations. It does not by itself alter licensing processes outside the Act, create direct property or fishing rights, or set out enforcement penalties within its text. The instrument explicitly states that licences will also be subject to other conditions under sections 35, 45 and 54 of the Act (section 6, Note). The instrument therefore operates as a location‑specific overlay of consultation and management plan obligations on top of the broader statutory regime in the Act.

Prospective and current licence holders: The primary, direct audience are persons who hold, or seek to hold, feasibility licences or research and demonstration licences under the Offshore Electricity Infrastructure Act 2021 in relation to the declared area. Section 6 makes the duties in Items 1-3 applicable whenever the licence is one of those two types and is granted in respect of the declared area or any part of it. Item 4 affects feasibility licence holders specifically when particular fishing rights can be exercised in relation to the licence area (section 6, Items 1-4).

Commonwealth agencies and statutory bodies named as consultees: The Australian Maritime Safety Authority and the Civil Aviation Safety Authority are named consultative parties under Item 1 for the required management plan consultation (section 6, Item 1). The Department of Defence is a required consultee under Item 2 (section 6, Item 2). The Bureau of Meteorology is a required consultee under Item 3 (section 6, Item 3). These named agencies will therefore receive consultation requests and will supply information or outcomes that licence holders must address in their management plans.

Fisheries concession and licence holders: Item 4 expressly affects holders of fishing concessions granted under the Fisheries Management Act 1991 and holders of licences issued under the Fisheries Management Act 1994 (NSW), but only where rights under one or more such concessions or licences can be exercised in relation to any part of the licence area (section 6, Item 4 Column 1(c)). The instrument requires consultation either with a nominated representative organisation (where the concession or licence holder has nominated one for consultation purposes) or directly with the concession or licence holder (section 6, Item 4 Column 2(a)(i)-(ii)). This creates a duty on licence applicants and holders to identify and consult the relevant fisheries stakeholders where overlap exists, and for those stakeholders to be engaged.

Local and commercial marine users: Although not named, commercial operators in and around the declared area , for example, shipping operators, fisheries, recreational fishers, and other marine users , are indirectly affected because licence management plans must address outcomes from consultations with maritime safety and fisheries stakeholders. The instrument’s mapping and co‑ordinates determine the geographic scope within which these user groups must be considered when preparing and assessing management plans (section 5 and Schedule 1).

Regulators and decision makers under the Act: The declaratory instrument changes the administrative landscape for decision makers who evaluate licence applications or approve management plans under the Offshore Electricity Infrastructure Act 2021. They must ensure that licences granted in respect of the declared area include the prescribed conditions where the trigger matters are present. The instrument signals to statutory decision makers that particular consultations and plan content should be required for applications related to this declared area (section 6).

Other Commonwealth agencies and state authorities with jurisdictional or operational interests: The instrument cross‑references other Commonwealth Acts that define the bodies named as consultees (Australian Maritime Safety Authority Act 1990, Meteorology Act 1955, Civil Aviation Act 1988). Agencies with overlapping functions or interests may be prompted to participate indirectly in consultation processes or to coordinate with the named consultees as licence holders prepare management plans (section 4).

The general public and local communities: Residents, local government entities, and public stakeholders in coastal communities adjacent to the declared area are affected indirectly because the management plans are required to address impacts that consultations disclose. The instrument’s requirement to consider offsetting, mitigation or avoidance for certain consultations means local environmental and commercial impacts must be identified and addressed in management plans where applicable (section 6, Items 2-4).

Key duties created by the instrument: The instrument imposes explicit duties on licence holders to undertake consultation and to address the outcomes of those consultations in the management plan for the licence. The duties are structure‑specific and triggered by licence type and by whether the licence is in respect of the declared area or part of it (section 6, Column 1 matters and Column 2 conditions).

• Consultation duties when preparing a management plan: For feasibility licences and research and demonstration licences granted in respect of the declared area, licence holders must consult the Australian Maritime Safety Authority and the Civil Aviation Safety Authority and must address the outcomes of those consultations in their management plan (section 6, Item 1 Column 2(a)-(b)). The same licence types must consult the Department of Defence and the Bureau of Meteorology respectively and address the outcomes in the management plan (section 6, Items 2-3 Column 2(a)-(b)). The scope of the required content differs between consultees, with Defence requiring treatment of avoidance and mitigation and the Bureau of Meteorology requiring consideration of avoidance, mitigation or offset (section 6, Items 2-3 Column 2(b)).

• Fisheries consultation duty for feasibility licences where fishing rights overlap: Where a feasibility licence is granted in relation to the declared area and rights under specified fishing concessions or NSW licences can be exercised in relation to any part of the licence area, the licence holder must consult either the nominated representative organisation or the concession/licence holder directly, and must address the outcomes in the management plan, including how impacts on these holders may be avoided, mitigated or offset (section 6, Item 4).

Obligation timing and document focus: The duties are specifically attached to the preparation of the management plan for the licence. The instrument requires consultation in the preparation phase and requires the management plan to reflect the outputs of that consultation (section 6, Column 2). The instrument therefore embeds consultation as an input to the management plan rather than as an optional engagement step.

Rights and legal effects stated or implied by the instrument: The instrument does not create new proprietary or statutory rights for private parties. It does not grant licences or modify licencing powers; rather, it sets conditions that attach to licences made under the Act when certain matters are present. The instrument does create procedural expectations for named agencies and stakeholder groups to be consulted, which may be considered a recognition of their operational interests. The instrument also recognises the procedural choice given to concession or licence holders to nominate a representative organisation for consultation purposes, and it requires licence holders to consult that nominated organisation rather than each individual holder in such cases (section 6, Item 4 Column 2(a)(i)).

Interaction with management plan duties under the Act: The instrument explicitly notes that licences will also be subject to other conditions under sections 35, 45 and 54 of the Offshore Electricity Infrastructure Act 2021 (section 6, Note). That note signals that the duties created by this instrument are additional to, and do not replace, other statutory management plan or licence obligations contained in the Act.

Documentary standards and spatial certainty: The instrument sets out precise geographic co‑ordinates using GDA94 (Schedule 1 and section 4 Note 2). Licence holders therefore have a clear spatial definition to apply when determining whether their intended activities or licence areas fall within the declared area and whether the consultation duties trigger. The inclusion of a simplified map in Schedule 2 provides an additional visual aid, albeit the instrument’s text and Schedule 1 co‑ordinates are the operational definition (section 5(2), Schedule 2; Schedule 1).

Limits and absence of direct enforcement mechanisms in the instrument: The instrument itself does not specify penalties for non‑compliance with the consultation or management plan conditions it prescribes. Enforcement of licence conditions and compliance consequences are matters for the Act and any implementing regulations; the instrument therefore creates duties but does not specify the sanctioning regime within its text (see section 6 and the Note referring to the Act).

Text of the instrument regarding penalties and enforcement: The declaration does not itself set out offences, pecuniary penalties, civil sanctions, or enforcement procedures. The instrument is prescriptive about licence conditions and consultation duties but contains no penalty provisions. The instrument does, however, make clear that licences will be subject to other conditions under the Offshore Electricity Infrastructure Act 2021 by reference to sections 35, 45 and 54 of the Act (section 6, Note). Enforcement, monitoring and sanctions for failure to comply with those statutory obligations, or with conditions imposed under the Act, are therefore to be found in the parent statute and in any regulations made under the Act.

Implications for compliance action by regulators and decision makers: Because the instrument prescribes mandatory conditions to be attached to licences that meet the trigger criteria (section 6), regulators or licensing authorities acting under the Act will need to incorporate those conditions into licence instruments and ensure that management plans submitted for approval address the consultations required. If enforcement or remedial steps are necessary, those steps will proceed under the Act’s enforcement regime, not under this instrument, which functions as a declaratory and prescriptive schedule.

Practical enforcement pathways implied by the instrument: Enforcement or dispute responses to non‑compliance with the consultation or management plan content obligations could involve any of the following, as derived from the structure of the Act and the instrument, bearing in mind the instrument does not itself describe them: refusal to grant a licence until the management plan satisfies the conditions, imposition of further conditions on a licence, administrative review or reconsideration, or statutory penalties or remedies specified in the Act for breach of licence conditions. None of these enforcement pathways are stated in the instrument; they are features of the licensing regime under the Act and must be checked against the Act’s specific sections for elaboration (section 6, Note).

Record keeping and evidentiary implications: The consultation duties in section 6 imply an evidentiary need for licence holders to document consultative steps and outcomes so that regulators can confirm that the management plan addresses consultation outcomes. The instrument requires that the management plan address outcomes of consultation, and that content will be subject to assessment under the Act. The instrument does not prescribe record keeping formats or retention periods, so licence holders should assume the Act or regulations will set those standards or that standard administrative practice will apply.

Limits on third party enforcement specified in the instrument: The instrument does not create express third party enforcement rights or private causes of action. Stakeholders affected by licence activities, such as fisheries licence holders, are given a consultation entitlement under Item 4 when certain criteria are met (section 6, Item 4). The instrument does not provide those stakeholders with a statutory veto or right to prevent licencing; it requires licence holders to consult and for their management plans to address outcomes. Any further rights of review or challenge would be mediated by the Act and general administrative law avenues rather than by this instrument itself.

Authorising statute and definitions: This instrument is made under section 17 of the Offshore Electricity Infrastructure Act 2021 (section 3). It draws on definitions located in section 8 of that Act, including the terms Defence Minister, feasibility licence, licence area, management plan, offshore renewable energy infrastructure, and research and demonstration licence (section 4, Note 1). Therefore, the operation and interpretation of this instrument depend on the Act’s definitions and licensing framework.

Regulations governing geodetic references: The instrument expressly notes that the position on the surface of the Earth of a point, a line or an area for the purposes of the Act is to be determined by reference to the Geocentric Datum of Australia as defined in Gazette No. 35 of 6 September 1995 (GDA94 geocentric data set), and it points to section 49 of the Offshore Electricity Infrastructure Regulations 2022 (section 4, Note 2). Schedule 1 repeats the datum selection for the declared area. Licence holders and decision makers must therefore use GDA94 as the coordinate reference system when determining whether activities, structures or rights fall within the declared area.

Cross‑reference to enabling Acts of named consultees: The instrument defines the Australian Maritime Safety Authority, the Bureau of Meteorology, and the Civil Aviation Safety Authority by reference to their respective enabling Acts (section 4). That cross‑reference situates these statutory bodies within their existing legal frameworks and suggests that consultation should proceed in accordance with those bodies’ statutory functions and internal consultation protocols.

Fisheries legislation interaction: Item 4 specifically references fishing concessions granted under the Fisheries Management Act 1991 and licences issued under the Fisheries Management Act 1994 (NSW) (section 6, Item 4 Column 1(c)). Where those fisheries rights can be exercised in relation to any part of a feasibility licence area, the licence holder must consult the concession or licence holder or a nominated representative organisation and must address in the management plan how impacts on these holders may be avoided, mitigated or offset (section 6, Item 4 Column 2). This creates a direct operative interaction between the Offshore Electricity Infrastructure Act licensing regime and Commonwealth and New South Wales fisheries instruments. The instrument does not modify or remove fishing rights; it requires engagement with holders of those rights when overlap exists.

Administrative law and review mechanisms: The instrument itself does not specify review or merits avenues. Any administrative decisions to grant, refuse, or impose conditions on licences under the Act will engage administrative law principles and any review mechanisms contained in the Act. The instrument’s requirements will therefore be operationalised within the decision‑making framework and review rights set out in the Offshore Electricity Infrastructure Act 2021.

Environmental and marine safety regimes: The instrument’s consultation obligations with AMSA, CASA, Defence and the Bureau of Meteorology indicate that licence management must take account of marine safety, aviation safety, defence practice, and meteorological interests. These are existing regulatory domains governed by their own statutory frameworks. Licence holders must reconcile management plan obligations under the Act and this instrument with compliance requirements that may arise under maritime safety, civil aviation, defence, environmental protection, and fisheries laws. The instrument does not itself harmonise those regimes; rather, it requires licence management planning to engage with them through consultation and plan content.

Limits on scope vis‑à‑vis local and state powers: The instrument refers to NSW fisheries licences but otherwise does not attempt to displace state land or coastal jurisdiction. It prescribes consultation where state licence rights overlap, but it does not alter state statutory regimes. Any activity requiring state approvals or permits in addition to Commonwealth offshore licensing will need to follow the applicable state processes separately.

Mapping and the primacy of textual coordinates: The instrument provides both a precise Schedule 1 co‑ordinate list and a simplified map in Schedule 2 (section 5(2), Schedule 1 and Schedule 2). Where there is any tension between the simplified map and the precise textual co‑ordinates, standard statutory interpretation practice suggests the textual coordinate schedule is the precise legal description. The instrument’s reference to GDA94 in both section 4 and Schedule 1 anchors the spatial interaction with other location‑based regulatory regimes that also use that datum (section 4, Note 2; Schedule 1).

Original making and commencement: The instrument as published is presented as the Offshore Electricity Infrastructure (Declared Area OEI‑02‑2024) Declaration 2024, made by the Minister and signed on 13 June 2024 (cover text). Section 2 sets out a commencement table that states “The whole of this instrument” commences the day after this instrument is registered (section 2(1)). The instrument contains the standard note that the commencement table relates only to the provisions of the instrument as originally made and that it will not be amended to deal with any later amendments of the instrument (section 2 Note). No later amendment entries or modification clauses are present in the text provided.

No amendments shown in the instrument: The text supplied contains no schedules, notes or paragraphs indicating subsequent amendments, revocations or supersessions. The document therefore reflects the instrument as originally made and does not include any later amendment history. Any amendments, revocations or replacement declarations would need to be made by a further instrument under the Act and would appear in an updated or new declaration; none are present in the supplied text.

Instrument structure that anticipates future change without recording it: Section 2(2) notes that any information in column 3 of the commencement table is not part of the instrument and that such information may be inserted or edited in any published version of the instrument. That is a housekeeping provision about publication metadata and does not record substantive amendments. It does not evidence any substantive historical amendment to the legal content.

Where to find amendment records: The instrument itself does not contain a revision history other than the commencement table and the signature date. To verify whether any subsequent amendments have been made after registration, practitioners must consult the official Federal Register of Legislation or other authorised legislative databases for instruments made under the Offshore Electricity Infrastructure Act 2021. The text provided here contains no amendment entries or revocation notes.

Consequences of amendment in principle: If the instrument were to be amended later, the amendment would change the declared area, the conditions attached to licences for that declared area, or the consultation and management plan obligations, subject to the Act’s section 17 and standard disallowance or publication requirements that govern legislative instruments. The present text contains no such amended content.

No litigation history recorded in the instrument: The instrument contains no references to, or record of, judicial or tribunal determinations, challenges, or litigation arising from the declaration. There are no footnotes or annexes noting cases or disputes. The instrument is solely the declaration text and supporting schedules.

Implication for practitioners: There is nothing in the instrument to indicate that its legal validity, interpretation, or application has been challenged in court or in administrative tribunals as of the instrument’s text. Practitioners seeking to anticipate likely legal contestation should therefore consult external databases and the Federal Register of Legislation for any subsequent case law or administrative review decisions that might interpret the Act or specific declared areas. The instrument itself does not supply such material.

No named cases or precedents in the text: The instrument does not name any authorities, precedent decisions, or interpretative guidance beyond the statutory references incorporated by reference to the Act and regulations. All operative content is statutory and administrative, with no judicial gloss in the instrument as provided.

Declared area described as a line: Schedule 1 describes “Declared Area OEI‑02‑2024 consists of the line commencing at point ... and running along the geodesics sequentially connecting the points ... and then along the geodesic to the point of commencement” (Schedule 1, Part 1). The instrument nevertheless labels the spatial feature a “Declared Area”. Practitioners should not assume the word “area” in the instrument means a filled polygon unless interpretation of the Act or implementation guidance clarifies that the closed line constitutes the legal boundary of an area. The instrument’s literal wording treats the declared area as a closed line formed by connecting co‑ordinates; spatial interpretation for operational purposes must therefore take the text literally and verify whether the licensing decision‑makers treat the feature as an area or as a boundary in practice. The datum requirement to use GDA94 is explicit and must be respected when mapping (section 4 Note 2; Schedule 1).

Precision of co‑ordinates and operational consequences: The 14 co‑ordinates in Schedule 1 are given to seconds and decimal seconds precision. Licence applicants must use GDA94 and the exact co‑ordinates when determining whether an intended licence area or project footprint falls within or overlaps the declared area. Small mapping errors or projection mismatches risk triggering or avoiding the consultation duties, so applicants and decision makers should ensure geospatial data are aligned to GDA94 (Schedule 1; section 4 Note 2).

Management plan consultation is mandatory, not discretionary: For the licence types and circumstances described in section 6, consultation with named agencies and stakeholders is mandatory when preparing the management plan, and the management plan must address outcomes of those consultations (section 6 Items 1-4 Column 2). Licence applicants cannot treat those consultations as perfunctory. They must document and incorporate outcomes into the management plan, and where the instrument specifies avoidance, mitigation or offset language, these must be addressed in the plan (section 6, Items 2-4 Column 2(b)).

Different obligations for different consultees: The content expectations vary by consultee. AMSA and CASA consultations must be addressed in the management plan but are not accompanied by specific avoidance/mitigation/offset wording. Defence consultations require addressing how impacts may be avoided and mitigated. Bureau of Meteorology consultations require addressing how impacts may be avoided, mitigated, or offset (section 6 Items 1-3). That differentiation matters for the substance of the management plan and for engagement strategies with each agency.

Fishing stakeholder consultation triggers are conditional and asymmetric: Item 4 only applies to feasibility licences and only where fishing concessions under the Fisheries Management Act 1991 or licences under the Fisheries Management Act 1994 (NSW) can be exercised in relation to any part of the licence area (section 6, Item 4 Column 1(c)). Licence holders must therefore determine whether such rights are exercisable before triggering this duty. If a concession holder has nominated a representative organisation for consultation, the licence holder must consult that representative organisation rather than the concession holder directly (section 6, Item 4 Column 2(a)(i)). Failure to identify and consult a nominated representative organisation where one exists risks non‑compliance with the condition.

No penalties or enforcement in the instrument itself: The instrument does not state penalties for breach of its conditions. Enforcement and sanctions will be those provided by the Offshore Electricity Infrastructure Act 2021 and its regulations. Licence applicants and holders should not assume the instrument contains a private enforcement mechanism or detailed compliance sanctioning; they must refer to the Act for those details (section 6 Note).

Simplified map may be of limited legal weight compared with textual coordinates: The instrument includes a simplified map in Schedule 2 (section 5(2) and Schedule 2). Where there is any discrepancy between the simplified map and the precise Schedule 1 co‑ordinates, the schedule of co‑ordinates and the text should be treated as the authoritative legal description. Practitioners should therefore use Schedule 1 co‑ordinates as the primary spatial reference.

Representative organisation nomination nuance: Item 4 gives concession or licence holders the option to nominate a representative organisation for the purposes of consultation. Where such a nomination has been made, the licence holder must consult that representative organisation rather than each concession or licence holder (section 6, Item 4 Column 2(a)(i)). Implementing this requires licence applicants to make due enquiries and not to rely on incomplete stakeholder lists. Where no nomination exists, the licence holder must consult the concession or licence holder directly (section 6, Item 4 Column 2(a)(ii)).

Reference to other Act provisions without text: Section 6 contains a note that licences will also be subject to other conditions under sections 35, 45 and 54 of the Act. The instrument does not repeat or paraphrase those sections. Practitioners must consult the Act itself to identify other obligations, standards and consequences, because compliance with the instrument’s conditions is not the full measure of statutory compliance (section 6, Note).

Confirm the spatial scope first: Use the Schedule 1 co‑ordinates expressed in GDA94 to determine whether your proposed licence area, project footprint or activity falls within Declared Area OEI‑02‑2024 (Schedule 1; section 4 Note 2). Do not rely solely on the simplified map in Schedule 2 for legal boundaries. Ensure GIS data are projected to GDA94 and that geodesic lines between the listed points are used to determine the closed line that defines the declared area.

Identify licence type and trigger conditions: Ascertain whether the licence sought or held is a feasibility licence or a research and demonstration licence as defined in section 8 of the Offshore Electricity Infrastructure Act 2021. If the licence is in respect of the declared area or any part of it, the conditions in section 6 may apply. For fishing stakeholder consultation under Item 4, verify whether rights under concessions under the Fisheries Management Act 1991 or licences under the Fisheries Management Act 1994 (NSW) are exercisable in relation to any part of your licence area before assuming Item 4 is inapplicable (section 6, Items 1-4 Column 1).

Prepare a consultation plan tied to the management plan timeline: The instrument requires consultation when preparing the management plan and requires that the management plan address consultation outcomes (section 6 Column 2). Build consultation steps into the management plan preparation timetable so that agency and stakeholder feedback can be incorporated rather than appended. Consult the Australian Maritime Safety Authority and Civil Aviation Safety Authority as required by Item 1, the Department of Defence as required by Item 2, and the Bureau of Meteorology as required by Item 3 (section 6, Items 1-3).

Tailor consultation substance to the consultee: For Defence, ensure consultations identify potential impacts and how they may be avoided and mitigated, and ensure the management plan contains concrete measures for avoidance and mitigation (section 6, Item 2 Column 2(b)). For the Bureau of Meteorology and for fishing concession/license holders where Item 4 applies, be prepared to discuss avoidance, mitigation, and offset measures in the management plan (section 6, Items 3 and 4 Column 2(b)). For AMSA and CASA consultations, ensure marine and aviation safety implications are discussed and that outcomes are addressed in the plan (section 6, Item 1 Column 2).

Identify fisheries rights and representative organisations: If Item 4 could apply, determine whether affected concession or licence holders have nominated a representative organisation for consultation purposes. If such a nomination exists, consult that representative organisation; if not, consult the concession or licence holder directly (section 6, Item 4 Column 2(a)(i)-(ii)). Maintain evidence of enquiries into nominated representative organisations so that you can demonstrate compliance with the consultation duty.

Document consultations and address outcomes explicitly in the management plan: The licence condition requires the management plan to address the outcomes of consultations. That means recording who was consulted, the matters raised, any disagreements, and the concrete avoidance, mitigation or offset measures to be implemented or reasons why certain measures were not feasible. Include a clear summary section in the management plan that sets out how each required consultation influenced project design, operations, or monitoring.

Prepare mitigation, avoidance and offset measures with specificity: Where the instrument requires the management plan to address avoidance, mitigation or offset (Items 2-4), provide specific measures, timelines, responsibilities, indicators, and monitoring arrangements. Where offsets are proposed, describe the offset measure, the rationale for equivalence, and how offset outcomes will be measured and reported. The instrument does not prescribe offset methodologies; licence holders should therefore adopt recognised standards or seek agreement with the relevant consultee.

Integrate marine safety and aviation risk management: Consultations with AMSA and CASA will raise navigational safety, lighting, marking, and aviation obstruction concerns. Reflect any site‑specific mitigations, exclusion zones or marine notice communications in the management plan so that regulators can see how safety risks have been managed and how coordination with AMSA and CASA will occur.

Engage Defence early and document iterative engagement: Defence consultation must consider how impacts may be avoided and mitigated, which often involves operational matters that Defence will assess on a risk basis. Early engagement increases the chance of identifying design changes or temporal measures that avoid interference with defence activities. Document Defence responses and any agreed mitigations in the management plan.

Use the management plan to demonstrate legislative compliance: Because the instrument links consultation outcomes to the content of the management plan, use the plan as the principal compliance document. Ensure the plan is structured so that a regulator reviewing it can clearly map each required consultation to a section of the plan where outcomes and measures are addressed.

Cross‑check the Act and regulations for additional obligations: The instrument notes licences will also be subject to other conditions under sections 35, 45 and 54 of the Act (section 6, Note). Consult the Offshore Electricity Infrastructure Act 2021 and the Offshore Electricity Infrastructure Regulations 2022 to identify additional management plan requirements, monitoring and reporting duties, enforcement measures, and any prescribed standards not repeated in the instrument.

Maintain records and be prepared for audit or licence review: Keep contemporaneous records of consultation correspondence, meeting minutes, technical inputs, draft plan revisions and any stakeholder agreements. The instrument does not prescribe record keeping formats or retention periods, so adopt robust document retention practices consistent with best administrative practice and the broader Act.

Coordinate multi‑jurisdictional approvals where necessary: If other Commonwealth, state or local approvals are required for the proposed activities, coordinate those processes with the management plan preparation. Item 4’s reference to NSW fisheries licences indicates that state licences may interact with Commonwealth licencing under the Act. Ensure that fisheries stakeholders’ concerns raised under state or Commonwealth regimes are addressed in the management plan as they bear on avoidance, mitigation or offset measures.

Anticipate and plan for the absence of prescriptive penalties in the instrument: Because the instrument does not specify penalties, ensure compliance is treated as material to licence grant and ongoing operation. Failure to comply with the consultation and management plan obligations may expose a licence holder to enforcement action under the Act even though the instrument itself does not set out the sanctions. Structure compliance and monitoring arrangements accordingly.

Where uncertainty remains, seek pre‑application engagement or legal advice: If it is unclear whether the consultation triggers apply, or how a management plan should treat a consulter’s outcomes, seek pre‑application engagement with the licensing authority or obtain legal or technical advice. The instrument’s textual triggers are precise; achieving practical compliance will typically require coordinated engagement with named agencies and thorough documentation.