Offshore Electricity Infrastructure (Declared Area OEI‑03‑2024) Declaration 2024
I, Chris Bowen, Minister for Climate Change and Energy, make the following instrument.
Dated 30 August 2024
Chris Bowen
Minister for Climate Change and Energy
Contents
1 Name
2 Commencement
3 Authority
4 Definitions
5 Declared area
6 Conditions
Schedule 1—Declared Area OEI-03-2024 Part 1
Schedule 2—Declared Area OEI-03-2024 Part 2
Schedule 3—Simplified map of declared area
1 Name
This instrument is the Offshore Electricity Infrastructure (Declared Area OEI-03-2024) Declaration 2024.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
The whole of this instrument The day after this instrument is registered
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under section 17 of the Offshore Electricity Infrastructure Act 2021.
4 Definitions
Note 1: A number of expressions used in this instrument are defined in section 8 of the Act, including the following:
(a) Defence Minister;
(b) feasibility licence;
(c) licence area;
(d) management plan;
(e) offshore renewable energy infrastructure;
(f) research and demonstration licence.
Note 2: For the purposes of the Act, the position on the surface of the Earth of a point, a line or an area 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). See section 49 of the Offshore Electricity Infrastructure Regulations 2022.
In this instrument:
Act means the Offshore Electricity Infrastructure Act 2021.
Australian Maritime Safety Authority means the Authority within the meaning of the Australian Maritime Safety Authority Act 1990.
Bureau of Meteorology means the Bureau within the meaning of the Meteorology Act 1955.
Civil Aviation Safety Authority means CASA within the meaning of the Civil Aviation Act 1988.
Declared Area OEI-03-2024 means the area made up of:
Declared Area OEI-03-2024 Part 1 as specified in Schedule 1; and
Declared Area OEI-03-2024 Part 2 as specified in Schedule 2.
Department of Defence means the Department administered by the Defence Minister.
5 Declared area
(1) Declared Area OEI-03-2024 (the declared area) is declared for the purposes of the Act.
Simplified map of declared area
(2) Schedule 3 sets out a simplified map that shows the location of the declared area.
6 Conditions
Note: Licences will also be subject to other conditions: see sections 35, 45 and 54 of the Act.
A licence in relation to which the matters set out in column 1 of the following table are satisfied must be subject to the corresponding condition set out in column 2.
Conditions
Item Column 1Matters Column 2Conditions
1 (a) the licence is a:(i) feasibility licence; or(ii) research and demonstration licence; and(b) the licence is granted in respect of the declared area or any part of the declared area. The licence holder must:(a) in preparing a management plan for the licence, consult:(i) the Australian Maritime Safety Authority; and (ii) the Civil Aviation Safety Authority; and(b) in the management plan for the licence, address the outcomes of this consultation.
2 (a) the licence is a:(i) feasibility licence; or(ii) research and demonstration licence; and(b) the licence is granted in respect of the declared area or any part of the declared area. The licence holder must:(a) in preparing a management plan for the licence, consult the Department of Defence; and(b) in the management plan for the licence, address the outcomes of this consultation, including how impacts may be avoided and mitigated.
3 (a) the licence is a:(i) feasibility licence; or(ii) research and demonstration licence; and(b) the licence is granted in respect of the declared area or any part of the declared area. The licence holder must:(a) in preparing a management plan for the licence, consult the Bureau of Meteorology; and(b) in the management plan for the licence, address the outcomes of this consultation, including how impacts may be avoided, mitigated, or offset.
4 (a) the licence is a feasibility licence; and(b) the licence is granted in respect of the declared area or any part of the declared area; and(c) rights under one or more:(i) commercial fishing concessions granted under the Fisheries Management Act 1991; or(ii) commercial fishing licences issued under the Fish Resources Management Act 1994 (WA); can be exercised in relation to any part, or parts, of the licence area. The licence holder must:(a) in preparing a management plan for the licence, consult:(i) in the case of a concession or licence holder that has nominated a representative organisation for the purposes of the consultation—the representative organisation; and(ii) in any other case—the concession or licence holder; where the concession or licence confers rights that can be exercised in relation to any part, or parts, of the licence area; and(b) in the management plan for the licence, address the outcomes of this consultation, including how impacts on these holders may be avoided, mitigated, or offset.
Schedule 1—Declared Area OEI-03-2024 Part 1
Definition of “Declared Area OEI-03-2024” in section 4.
Declared Area OEI-03-2024 Part 1 consists of the line commencing at point OEI-03-2024-P1-1 in the following table and running along the geodesics sequentially connecting the points as described in the table and then along the geodesic to the point of commencement:
Declared Area OEI-03-2024 Part 1
Item Latitude Longitude
OEI-03-2024-P1-1 32° 47' 30.47" S 114° 57' 32.85" E
OEI-03-2024-P1-2 32° 47' 30.41" S 114° 57' 45.29" E
OEI-03-2024-P1-3 32° 47' 30.41" S 114° 57' 45.78" E
OEI-03-2024-P1-4 32° 47' 29.60" S 115° 00' 26.00" E
OEI-03-2024-P1-5 32° 47' 26.48" S 115° 10' 43.90" E
OEI-03-2024-P1-6 32° 47' 24.54" S 115° 17' 07.23" E
OEI-03-2024-P1-7 32° 47' 24.61" S 115° 17' 07.24" E
OEI-03-2024-P1-8 33° 00' 31.31" S 115° 19' 25.96" E
OEI-03-2024-P1-9 33° 09' 20.04" S 115° 14' 20.70" E
OEI-03-2024-P1-10 33° 12' 30.23" S 114° 59' 35.05" E
OEI-03-2024-P1-11 33° 14' 42.69" S 114° 58' 36.45" E
OEI-03-2024-P1-12 33° 19' 10.30" S 114° 46' 17.61" E
OEI-03-2024-P1-13 33° 14' 00.94" S 114° 45' 51.73" E
OEI-03-2024-P1-14 33° 05' 01.09" S 114° 49' 50.55" E
OEI-03-2024-P1-15 32° 56' 31.09" S 114° 53' 35.36" E
OEI-03-2024-P1-16 32° 47' 30.97" S 114° 57' 32.62" E
Schedule 2—Declared Area OEI-03-2024 Part 2
Definition of “Declared Area OEI-03-2024” in section 4.
Declared Area OEI-03-2024 Part 2 consists of the line commencing at point OEI-03-2024-P2-1 in the following table and running along the geodesics sequentially connecting the points as described in the table and then along the geodesic to the point of commencement:
Declared Area OEI-03-2024 Part 2
Item Latitude Longitude
OEI-03-2024-P2-1 33° 28' 55.25" S 114° 23' 05.83" E
OEI-03-2024-P2-2 33° 28' 55.08" S 114° 14' 29.65" E
OEI-03-2024-P2-3 33° 28' 52.28" S 114° 14' 28.94" E
OEI-03-2024-P2-4 33° 23' 10.15" S 114° 12' 13.89" E
OEI-03-2024-P2-5 33° 11' 35.48" S 114° 11' 27.14" E
OEI-03-2024-P2-6 33° 05' 39.53" S 114° 12' 22.94" E
OEI-03-2024-P2-7 32° 58' 25.28" S 114° 17' 21.61" E
OEI-03-2024-P2-8 32° 50' 56.35" S 114° 20' 10.26" E
OEI-03-2024-P2-9 32° 47' 41.43" S 114° 21' 23.37" E
OEI-03-2024-P2-10 32° 47' 35.47" S 114° 41' 03.70" E
OEI-03-2024-P2-11 32° 58' 10.81" S 114° 36' 29.26" E
OEI-03-2024-P2-12 33° 08' 15.72" S 114° 32' 06.87" E
OEI-03-2024-P2-13 33° 18' 50.69" S 114° 27' 30.28" E