Offshore Electricity Infrastructure (Declared Area OEI-03-2024) Declaration 2024

Declared area and legal geographical description: The declared area is the legal object the instrument creates. Declared Area OEI-03-2024 is defined as the union of two parts, Part 1 and Part 2, each specified by a sequential list of latitude and longitude points that, when connected by geodesics and closed, form the legal boundary (s 4; Schedule 1; Schedule 2). The instrument uses geodesic connections and specifies that positional references are to be interpreted using the Geocentric Datum of Australia (GDA94 geocentric data set); the Regulations are cited for the rule on position determination (s 4, Note 2).

Licence classes affected: The conditions the instrument prescribes attach only to feasibility licences and research and demonstration licences granted in relation to the declared area or any part of it (s 6 Items 1-3). Item 4 applies only to feasibility licences in which commercial fishing concessions or licences can be exercised in the licence area in whole or in part (s 6 Item 4).

Management plans and consultation outcomes: Each prescribed condition is framed as an obligation that the licence holder must satisfy in preparing the licence management plan. The form of the obligation is two-step: (a) consult named agencies or rights-holders while preparing the management plan, and (b) address the outcomes of that consultation in the management plan (s 6, Items 1-4). The agencies specified are the Australian Maritime Safety Authority (AMSA), the Civil Aviation Safety Authority (CASA), the Department of Defence, and the Bureau of Meteorology (BOM) (s 4 definition list; s 6 Items 1-3). For fisheries, the instrument requires consultation either with a nominated representative organisation or, if none is nominated, with the individual concession or licence holder who has rights that can be exercised in the licence area (s 6 Item 4(a)).

Substantive content of “addressing outcomes”: The instrument differentiates the substance that must be addressed for different consultees. For AMSA and CASA the licence holder must consult and then "address the outcomes of this consultation" in the management plan (s 6, Item 1). For the Department of Defence the instrument requires that the management plan address consultation outcomes “including how impacts may be avoided and mitigated” (s 6, Item 2). For the Bureau of Meteorology the management plan must address outcomes "including how impacts may be avoided, mitigated, or offset" (s 6, Item 3). For affected commercial fishery concession or licence holders the management plan must address outcomes "including how impacts on these holders may be avoided, mitigated, or offset" (s 6, Item 4(b)). The varying terms (avoid, mitigate, offset) indicate differing expectations the instrument places on how the plan must engage with impacts depending on the consultee, but the instrument does not define what level or form of avoidance, mitigation or offset is required.

Technical and administrative cross-references: The instrument draws definitions from the Act (s 4 Note 1) , it lists several expressions that are defined in section 8 of the Act (for example, feasibility licence, research and demonstration licence, licence area, management plan, offshore renewable energy infrastructure). It also points to the Offshore Electricity Infrastructure Regulations 2022 for the datum rule (s 4, Note 2) and states that licences will be subject to other conditions under sections 35, 45 and 54 of the Act (s 6 Note). The instrument therefore forms part of the Act’s licensing framework rather than creating a freestanding substantive licensing regime.

Schedules and map: The Schedules provide the legal coordinates and a simplified map (Schedule 3) to show location and extent. The coordinates in Schedules 1 and 2 are expressed in degrees, minutes and seconds to two decimal places for some points; each schedule describes a closed line formed by geodesics sequentially connecting the listed points and back to the commencing point (Schedules 1 and 2; Schedule 3).

Who makes the declaration and its effective date: The Minister for Climate Change and Energy made the instrument and signed it on 30 August 2024, and the instrument takes effect the day after registration (s 1; s 2; s 3).

Licence applicants and licence holders: The primary direct subjects of the instrument are persons or entities seeking or holding feasibility licences and research and demonstration licences under the Offshore Electricity Infrastructure Act 2021 in relation to all or part of the declared area. The instrument states that, where those licence types are granted in respect of the declared area or any part of it, the licence must be subject to the conditions listed (s 6 Items 1-3). Item 4 specifically targets feasibility licence holders where commercial fishing concessions or licences can be exercised in parts of the licence area (s 6 Item 4).

Government agencies: The instrument brings particular Commonwealth agencies into the consultation loop. The Australian Maritime Safety Authority and the Civil Aviation Safety Authority are statutory consultees for feasibility and research and demonstration licences in the declared area (s 6 Item 1). The Department of Defence is a named consultee for those licence classes and the management plan must address how impacts may be avoided and mitigated (s 6 Item 2). The Bureau of Meteorology must be consulted and the licence holder must address outcomes including avoidance, mitigation or offset of impacts (s 6 Item 3). These agencies are therefore likely to influence management plan content and operational constraints during feasibility and research activities in the declared area.

Commercial fishery concession or licence holders and representative organisations: Item 4 explicitly brings holders of commercial fishing concessions under the Fisheries Management Act 1991 and commercial fishing licences under the Fish Resources Management Act 1994 (WA) into the instrument’s scope where those rights can be exercised in any part of the licence area. The licence holder must consult either a nominated representative organisation (if one is nominated for consultation purposes) or the individual concession or licence holder, and then address outcomes in the management plan including how impacts on these holders may be avoided, mitigated or offset (s 6 Item 4(a)-(b)). This means fishers and fishery interests with existing statutory rights that intersect the declared area are direct stakeholders.

Regulators and licensing authorities: The instrument requires that licences be made subject to the prescribed conditions. While the instrument does not identify the specific decision-maker who imposes conditions when a licence is granted, it operates under the Act (s 3) and therefore interacts with the Act’s licensing administration. The instrument therefore affects the administrative practices of the licensing authority responsible for granting feasibility and research and demonstration licences and attaching or enforcing licence conditions (s 6 Note).

Project designers, contractors and service providers: Entities engaged in planning or delivering feasibility and research and demonstration activities in the declared area will be affected indirectly. Management-plan requirements that incorporate consultation outcomes and commitments on avoidance, mitigation or offset will influence project design, scheduling, procurement and costs. They will also affect navigational, aviation safety and meteorological operations where AMSA, CASA or BOM input influences management measures (s 6 Items 1-3).

Third parties with overlapping rights: Any person or entity holding commercial fishing concessions or licences that can be exercised within parts of prospective licence areas will be affected operationally and economically if licence conditions result in spatial or temporal restrictions designed to avoid or mitigate impacts on those holders (s 6 Item 4).

Public and stakeholders with information needs: The instrument’s schedules and simplified map provide spatial data; persons needing to determine whether proposed activities would be in the declared area must rely on the coordinates in Schedules 1 and 2 and the datum rule (s 4 Note 2; Schedules 1-3). Because the instrument requires consultation with defined agencies and specified fishery rights-holders, stakeholders with an interest in navigation, aviation, defence operations, meteorology or fishing will find themselves notified or consulted as part of management-plan development (s 6).

Mandatory conditions on management plans: The instrument imposes mandatory duties on licence holders (specifically feasibility and research and demonstration licence holders, and in one case feasibility licence holders where fishery rights intersect) to consult named agencies or rights-holders during preparation of the management plan and to address the outcomes of those consultations in the plan (s 6 Items 1-4). The duty has two operative parts: a consultation duty during plan preparation and a content duty requiring the management plan to demonstrate how the outcomes of those consultations have been addressed (s 6).

Specific consultation duties:

• Australian Maritime Safety Authority and Civil Aviation Safety Authority: A licence holder must consult AMSA and CASA in preparing a management plan and address the outcomes of that consultation in the management plan (s 6 Item 1(a)-(b)). The instrument does not specify consultation procedure, timing or duration.
• Department of Defence: A licence holder must consult the Department of Defence in preparing a management plan and address the outcomes "including how impacts may be avoided and mitigated" (s 6 Item 2(a)-(b)). The instrument therefore requires the management plan to contain, at minimum, an articulation of avoidance and mitigation measures that respond to Defence’s consultation input.
• Bureau of Meteorology: A licence holder must consult BOM in preparing the management plan and address the outcomes "including how impacts may be avoided, mitigated, or offset" (s 6 Item 3(a)-(b)). The inclusion of "offset" as an option indicates the management plan may need to consider compensatory measures for impacts identified by BOM as relevant.
• Commercial fishing concessions and licences: For feasibility licences where such concessions or licences confer exercisable rights in the licence area, licence holders must consult either a nominated representative organisation or each concession/licence holder where relevant, and the management plan must address outcomes "including how impacts on these holders may be avoided, mitigated, or offset" (s 6 Item 4(a)-(b)).

Content duties are organisational duties: The instrument frames obligations around management plans. The duty is to ensure that the management plan, as prepared, both records consultation and describes how the outcomes have been addressed. The instrument does not set prescriptive substantive standards for what constitutes adequate addressing of outcomes beyond the inclusion of avoidance, mitigation or offset measures where expressly required for some consultees (s 6 Items 1-4).

Rights of consultees and affected parties: The instrument gives consultees and affected statutory rights-holders a procedural role in management-plan development by compelling consultation with them. It does not create new substantive rights (for example to veto licences or require compensation) within the instrument text. For commercial fishing concession or licence holders, the instrument recognises their statutory rights to fish by specifying that if those rights can be exercised in the licence area then consultation is required; the instrument does not alter the underlying statutory fishery rights (s 6 Item 4).

Decision and regulatory roles: The instrument requires that licences granted in the declared area be "subject to" the prescribed conditions (s 6). That language binds the licensing process under the Act: licence grants in the declared area must contain these conditions as part of the licence terms. The instrument does not itself specify the administrative process for making findings about adequacy of consultation or content of management plans; those procedural and enforcement mechanisms fall within the Act’s broader administrative framework (s 6 Note).

Technical duties about location and maps: Duty-holders must use the geodetic points in Schedules 1 and 2 when determining whether the declared area covers a proposed activity, and interpret coordinates using the GDA94 geocentric data set in accordance with the Regulations (s 4 Note 2; Schedules 1-3).

Commencement/duration duties: The instrument commences the day after registration; any duty arising from it applies from that commencement date for licences granted thereafter or subject to its terms (s 2).

No penalties set in the instrument: The declaration itself does not set out penalties or enforcement mechanisms. It prescribes licensing conditions but does not contain infringement, criminal or civil sanction provisions. The instrument notes that licences will also be subject to other conditions under the Act (see sections 35, 45 and 54 of the Act) (s 6 Note). Any enforcement or penalty regime will therefore be derived from the Offshore Electricity Infrastructure Act 2021 and the Act’s regulatory framework rather than from this instrument’s text.

Enforcement implied through licence conditions: Because the instrument requires that particular licences "must be subject to" the stated conditions (s 6), non‑compliance with those conditions would become non‑compliance with the licence terms. Enforcement powers, consequences for breach of licence conditions, remedies and sanctions should be found in the Act and in administrative procedures implementing the Act. The instrument itself does not specify how non‑compliance will be detected, investigated or penalised.

Administrative discretion and evidence of compliance: The instrument requires that management plans “address the outcomes” of specified consultations (s 6 Items 1-4). That creates an administrative evidentiary focus: the licensing authority will need to assess whether the management plan adequately records consultation and addresses outcomes. The instrument does not prescribe standard metrics, timeframes or formats for consultation or for the management plan content, which creates implementation discretion for the decision-maker under the Act when determining compliance with licence conditions.

Intersection with other statutes and agency governance: Where management-plan content relies on agency input (for example Defence, BOM, AMSA, CASA), enforcement of any commitments made in the plan may require inter-agency coordination. The instrument binds licence content to steps of consultation and response, but enforcement of the substantive outcomes (for example, whether proposed mitigation measures satisfy Defence concerns) will require the licensing authority to exercise judgement under the Act’s regime; this instrument does not delegate enforcement to the consulted agencies.

Record-keeping and audit risk: Because compliance turns on what the management plan records about consultation and how outcomes were addressed, licence holders bear a compliance risk in failing to retain or produce consultation records. The instrument therefore creates an implicit documentation duty, although it does not specify retention periods or audit procedures.

No direct private right of enforcement set out: The instrument does not create a private cause of action or private enforcement mechanism for consultees or third parties. Any challenge to a licence decision or an alleged failure to apply conditions would proceed under the administrative review and/or judicial review mechanisms that apply to the Act and to administrative decisions more generally; the instrument does not itself alter those avenues.

Statutory cross-references within the instrument: The declaration is made under section 17 of the Offshore Electricity Infrastructure Act 2021 (s 3). It explicitly draws on definitions in section 8 of that Act (s 4 Note 1) and refers to sections 35, 45 and 54 of the Act as places where other licence conditions may be found (s 6 Note). The instrument is therefore an exercise of the Act’s declaratory power and functions within the Act’s licensing and management-plan architecture.

Datum and spatial rules: The instrument requires positional references to be interpreted in accordance with the Geocentric Datum of Australia (GDA94 geocentric data set) and points to section 49 of the Offshore Electricity Infrastructure Regulations 2022 for the precise rule about determining position on the surface of the earth (s 4 Note 2). This ties the legal geographic boundary to the Regulations’ technical rule for coordinate interpretation.

Interaction with maritime, aviation and meteorological regimes: The instrument mandates consultation with the Australian Maritime Safety Authority and the Civil Aviation Safety Authority when preparing management plans for feasibility and research and demonstration licences in the declared area (s 6 Item 1). It also mandates consultation with the Bureau of Meteorology (s 6 Item 3). Those consultations reflect direct operational intersections: maritime safety, aviation safety and meteorological information/operations may be affected by offshore infrastructure and by feasibility or demonstration activities. The instrument does not change the statutory roles of AMSA, CASA or BOM under their respective governing Acts, but it requires licence holders to consult these agencies and to address their outcomes in management plans.

Interaction with defence processes: The Department of Defence is a named consultee (s 6 Item 2). The instrument requires management plans to address how impacts may be avoided and mitigated in response to Defence consultation outcomes. The instrument does not change Defence’s statutory authorities; it instead imposes procedural obligations on licence holders to engage Defence in management-plan preparation and to include avoidance and mitigation measures responsive to Defence input.

Interaction with fisheries law: Item 4 explicitly identifies commercial fishing concessions granted under the Fisheries Management Act 1991 and commercial fishing licences issued under the Fish Resources Management Act 1994 (WA) as relevant rights-holders where those rights can be exercised in parts of a licence area (s 6 Item 4(a)). The instrument requires consultation with concession or licence holders or their nominated representative organisations and requires management plans to address outcomes including how impacts on those holders may be avoided, mitigated or offset (s 6 Item 4(b)). The instrument does not amend, extinguish or otherwise vary those fishery statutes; it imposes a management-plan consultation obligation in the licensing context where existing fishery rights intersect prospective licence areas.

Relationship to the Act’s licensing regime: The instrument must be read as part of the Act’s licensing framework. It does not itself create, grant, vary or revoke licences. Rather, it declares a spatial area in which licences must carry these extra conditions and signals which licence classes are affected (s 5; s 6). Any further regulatory detail about licence processes, timing, approvals, and sanctions will be governed by the Offshore Electricity Infrastructure Act 2021 and associated regulations referenced in the instrument.

No apparent conflict or override: The instrument does not purport to override or displace other Commonwealth statutory obligations, nor does it purport to alter the legal status of Commonwealth agency powers. It functions as a declaratory instrument that sets licence conditions to ensure consultation with specified statutory agencies and affected rights-holders as part of management-plan preparation. Where specific legal conflicts could arise between a licence condition and an agency’s statutory function, resolution would require reference to the Act and applicable statutes; the instrument itself does not set a conflict-resolution rule.

Original instrument and commencement: The instrument includes a commencement table that states "The whole of this instrument" commences "The day after this instrument is registered" (s 2). The instrument contains a note that the table relates only to the provisions as originally made and that it will not be amended to deal with any later amendments of this instrument (s 2, note). The instrument records the date of making as 30 August 2024 and is signed by the Minister for Climate Change and Energy (s 1; signature page).

No amendments recorded in the instrument text: The instrument itself contains no schedules, notes or text indicating prior amendments or revocations. There are no entries in the instrument that document subsequent amendments, savings, transitional provisions, or repeals. The structured content and the commencement note indicate the document as presented is the original making of the declaration.

Publication and registry mechanism: The instrument’s commencement and the note about registration indicate it is a legislative instrument that becomes effective on registration consistent with Commonwealth legislative instrument practices. The instrument does not list later dates, amendment instruments, or revocations.

Implication for users: Because the instrument is new as made and contains no amendment history entries, persons relying on the instrument should treat it as the current and original declaration as of its commencement (s 2). Any future amendments would appear in subsequent legislative instruments; none are recorded in this text.

No litigation history appears in the instrument: The declaration text contains no references to litigation, declarations, court challenges, judicial orders or proceedings relevant to Declared Area OEI-03-2024. The instrument does not record any past legal disputes about the declared area, its coordinates, or the conditions it imposes.

No judicial interpretation provided: Because the instrument is an administrative declaration and the instrument text does not purport to summarise or reference judicial determinations, there are no cited decisions or authority within this instrument that modify or interpret the obligations set out in it.

Practical consequence: Persons and advisers assessing legal risk should therefore not rely on any statutory or case law material contained in the instrument. Any legal challenge to a licence condition, a management plan approval, or an allegedly inadequate consultation process would need to be initiated in the appropriate forum under the Act and general administrative law; the instrument itself does not contain litigation references or precedents.

Scope of affected licences is narrower than "offshore licences" generally: The mandatory consultation and management-plan content conditions apply only to feasibility licences and research and demonstration licences granted in respect of the declared area (s 6 Items 1-3). They do not, on the face of the instrument, apply to other licence classes under the Act, for example full development or commercial licences, unless those licences are elsewhere captured by the Act’s sections 35, 45 or 54 (s 6 Note). Assume that if you are seeking a different licence class, these specific instrument conditions might not attach unless incorporated via the Act.

Differing words for "address the outcomes": The instrument uses slightly different formulations across consultees. For AMSA and CASA the management plan must "address the outcomes" of consultation (s 6 Item 1(b)). For Defence the management-plan requirement is to address outcomes “including how impacts may be avoided and mitigated” (s 6 Item 2(b)). For BOM it is “including how impacts may be avoided, mitigated, or offset” (s 6 Item 3(b)). For affected fishery holders it is “including how impacts on these holders may be avoided, mitigated, or offset” (s 6 Item 4(b)). Those textual differences may be material when a licensing authority assesses whether a management plan adequately responds to a consultee’s input.

What constitutes sufficient consultation is unspecified: The instrument commands consultation but does not set minimum standards for what counts as consultation (for example reasonable timeframes, formats, notice requirements, or the level of engagement). That leaves room for administrative discretion and potential dispute about whether a licence holder complied with the consultation duty. Licence holders should not assume that minimal contact will suffice; details likely fall to licensing guidance or administrative practice under the Act (s 6 Items 1-4).

Consultation with fisheries can be individual or via a nominated representative organisation: For commercial fishing concessions or licences the instrument requires consultation with a nominated representative organisation where one has been nominated for consultation purposes; otherwise licence holders must consult the individual concession or licence holder (s 6 Item 4(a)). Licence applicants must therefore verify whether a representative organisation exists and has been nominated for consultation, and maintain records of that verification.

Geographical precision matters: The declared area is legally defined by precise coordinates in Schedules 1 and 2 and by geodesic connections between those points (Schedules 1-2). The simplified map in Schedule 3 is provided as an illustration but the legal boundary is set by the coordinate lists and geodetic rule (s 4 Note 2; Schedules 1-3). Use the coordinates with the GDA94 geocentric data set when determining whether an activity lies in the declared area.

Offsetting appears as an option for BOM and fisheries but not Defence: Where the instrument requires addressing consultation outcomes, BOM and fisheries consultations must be addressed in the plan in a way that may include offsetting impacts (s 6 Items 3-4). Defence outcomes must be addressed by avoidance and mitigation only (s 6 Item 2). Licence holders should not assume that Defence will accept offsetting as an alternative to physical avoidance or mitigation; the instrument’s text differentiates those remedies.

No procedural timeframes for consultation: The instrument imposes an obligation to consult "in preparing a management plan" (s 6 Items 1-4). It does not state when consultation must be initiated, how long consultees have to respond, or what happens if a consultee does not engage. That absence can create scheduling risk for licence applicants.

Record keeping will be determinative in enforcement: Because the operative duty is to ensure that the management plan "addresses the outcomes" of consultation, robust records of the consultation process and how outcomes were addressed will be key evidence to satisfy regulators that the condition has been met (s 6 Items 1-4). The instrument itself does not prescribe record formats or retention periods.

Instrument sits within but does not restate Act’s broader conditions and processes: The instrument notes that licences will also be subject to other conditions under the Act (s 6 Note). Do not assume the instrument’s requirements are exhaustive: other licence conditions, approval criteria, environmental or administrative obligations are likely set out in the Act and regulations.

Confirm licence class and area first: Determine whether the proposed activity requires a feasibility licence or a research and demonstration licence under the Act, and whether the proposed activity’s spatial footprint falls, in whole or in part, within Declared Area OEI-03-2024. Use the coordinate lists in Schedule 1 (Part 1) and Schedule 2 (Part 2) and apply the Geocentric Datum of Australia (GDA94 geocentric data set) as required (s 4 Note 2; Schedules 1-2). The simplified map in Schedule 3 is illustrative; rely on the schedules’ coordinates for legal boundaries (s 5(2); Schedule 3).

Plan management-plan timing around consultation: The instrument requires that consultation with AMSA, CASA, Defence, BOM and, where applicable, commercial fishery concession or licence holders (or their nominated representative organisation) occur during preparation of the management plan, not after plan submission (s 6 Items 1-4). Start consultation early in the management-plan drafting process so that agency or rights-holder inputs can be meaningfully integrated into the plan.

Identify and contact the correct consultees: For AMSA and CASA, locate the operational units responsible for maritime and aviation interactions with offshore infrastructure (s 6 Item 1). For the Department of Defence, identify the Defence office or liaison unit that handles maritime or infrastructure interactions with civilian offshore projects (s 6 Item 2). For BOM, identify the office responsible for marine meteorology and atmospheric observations that could be impacted by offshore infrastructure (s 6 Item 3). For fisheries, determine whether concession or licence holders have nominated a representative organisation for consultation; if so, consult that organisation; if not, consult individual concession/licence holders whose rights are exercisable in parts of the licence area (s 6 Item 4(a)).

Document consultation and outcomes: Because the condition requires the management plan to "address the outcomes" of consultation, keep records of all consultation steps including invitations to consult, meeting agendas, minutes, written submissions and responses, and any technical reports exchanged. In the management plan, provide a clear consultation log and a section explicitly setting out each consultee’s input and how the management plan addresses it (s 6 Items 1-4).

Address the specific remedies named: For Defence, ensure the management plan includes concrete avoidance and mitigation measures responsive to Defence concerns; for BOM and affected fisheries, include avoidance, mitigation and, where appropriate, offset options and explain the rationale for the chosen approach (s 6 Items 2-4). For AMSA and CASA, the plan should explain how safety and navigational/airspace considerations raised in consultation are addressed. Provide technical detail, monitoring arrangements and adaptive management measures where relevant.

Cross-check other Act conditions: The instrument notes that licences will be subject to other conditions in sections 35, 45 and 54 of the Act (s 6 Note). Obtain and review those sections of the Act to ensure management-plan content meets any additional statutory conditions. The instrument’s conditions are necessary but may not be sufficient on their own.

File management-plan content clearly: In submitting a management plan, include a consultation annex that cross-references the instrument’s items to the parts of the plan that address each consultee’s outcomes. Highlight where avoidance, mitigation and offset measures are proposed and provide monitoring and reporting commitments that allow the licensing authority and consultees to assess compliance over time (s 6 Items 1-4).

Technical verification of boundaries: Use geodetic software or qualified geospatial expertise to determine whether proposed works lie within the declared area. Apply GDA94 coordinates as specified; do not rely solely on the simplified map (s 4 Note 2; Schedules 1-3).

Engage early with fisheries rights-holders: Where fishery concession or licence rights can be exercised in the licence area, identify whether a representative organisation has been nominated for consultation. If not, locate the concession or licence holders and initiate direct consultation. Address potential impacts on fishing operations, gear conflict, spatial or temporal restrictions, and provide options for avoidance, mitigation or offset where relevant (s 6 Item 4).

Prepare for possible iterative requirements: Because the instrument leaves open administrative judgement about what constitutes adequately addressing consultation outcomes, expect that licensing authorities or consultees may request revisions to a management plan. Build time and resources into project schedules to accommodate iterative consultation and plan amendment.

Retain evidence of compliance post-grant: Keep records of consultation and how outcomes were addressed as part of the licence compliance file. Although the instrument does not specify enforcement measures, the licence will carry these conditions and licence compliance will be assessed against the management plan commitments (s 6).

Coordinate inter-agency inputs: Where consultation outcomes generate competing priorities (for example Defence requests avoidance of certain areas while BOM suggests offsetting impacts), document how the management plan reconciles or balances these inputs and identify any residual constraints on project operations. Where necessary, seek early clarification from the licensing authority about how such trade-offs will be evaluated in licensing decisions (s 6 Items 2-3).

Check commencement timing: The instrument is effective the day after registration (s 2). Ensure any application or management plan submitted around the instrument’s registration date accounts for its immediate effect.