Part 1
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Commonwealth legislation
The Offshore Electricity Infrastructure Regulations 2022 create a licensing and approval framework for developing offshore renewable energy (feasibility, commercial, research/demonstration, and transmission licences), set application fees and area rules, require management plans (environment, safety, decommissioning, financial security), and impose safety/protection zones and work health rules.
It affects developers, existing licence holders, other sea users, and Indigenous groups—enabling investment while protecting environment, safety and rights.
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Direct links to the current provisions in Offshore Electricity Infrastructure Regulations 2022.
This instrument is the Offshore Electricity Infrastructure Regulations 2022.
This instrument is made under the Offshore Electricity Infrastructure Act 2021.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(aa) documentary information;
(a) eligible person;
(b) licence;
(c) proposed commercial offshore infrastructure project;
(d) Registrar;
(e) Regulator.
In this instrument:
Act means the Offshore Electricity Infrastructure Act 2021.
activities subject to consultation: see section 63.
commercially confidential information: see section 157.
decision maker: see subsection 43(2).
design notification: see sections 96 and 97.
eligible safety zone infrastructure has the meaning given by subsection 136(1) of the Act.
financial offer group: see subsection 14(2).
general licence application information: see section 151.
initial plan approval application: see section 47.
licence activity, in relation to a licence or a proposed commercial licence, means an offshore infrastructure activity or other activity carried out, or to be carried out, in the licence area under the licence or the proposed commercial licence.
licence application means an application for, or that relates to, a licence.
offshore electricity infrastructure levy has the same meaning as in the Offshore Electricity Infrastructure (Regulatory Levies) Act 2021.
overlap: applications for feasibility licences overlap each other if the licence areas proposed in the applications cover wholly or partly the same area.
overlapping application group: see subsection 11(2).
periodic revision day, for a relevant licence, has the meaning given by subsection 56(2), subject to sections 58 and 59.
plan revision approval application: see section 50.
proposed commercial licence means a commercial licence:
(a) that:
(i) the holder of a feasibility licence has applied for, where the application has not been granted or refused; or
(ii) the holder of a feasibility licence proposes to apply for; and
(b) that is proposed to have a licence area that consists of, or is entirely within, the licence area of the feasibility licence.
proposed project, in relation to a licence or an application for a licence, means:
(a) in the case of a feasibility licence or an application for a feasibility licence—the proposed commercial offshore infrastructure project for the licence; or
(b) in any other case—the offshore infrastructure project proposed to be carried out under the licence.
protection zone application: see section 130.
protection zone determination: see section 126.
relevant licence means a licence or a proposed commercial licence, and:
(a) in relation to a management plan—means the licence (including a proposed commercial licence) that the management plan is approved for; and
(b) in relation to an initial plan approval application for the Regulator to approve a plan as the management plan for a licence (including a proposed commercial licence)—means that licence; and
(c) in relation to a plan revision approval application for the Regulator to approve a revised management plan as the management plan for a licence (including a proposed commercial licence)—means that licence.
relevant structures, equipment and property, in relation to a relevant licence: see subsection 87(1).
Note: The relevant structures, equipment and property in relation to a relevant licence must be listed in the management plan for the licence under section 87. However, a structure, equipment or other property mentioned in subsection 87(1) is a relevant structure, equipment or property whether or not it is listed in the plan.
safety zone application: see section 117.
safety zone determination: see section 113.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This instrument is the Offshore Electricity Infrastructure Regulations 2022.
This instrument is made under the Offshore Electricity Infrastructure Act 2021.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(aa) documentary information;
(a) eligible person;
(b) licence;
(c) proposed commercial offshore infrastructure project;
(d) Registrar;
(e) Regulator.
In this instrument:
Act means the Offshore Electricity Infrastructure Act 2021.
activities subject to consultation: see section 63.
commercially confidential information: see section 157.
decision maker: see subsection 43(2).
design notification: see sections 96 and 97.
eligible safety zone infrastructure has the meaning given by subsection 136(1) of the Act.
financial offer group: see subsection 14(2).
general licence application information: see section 151.
initial plan approval application: see section 47.
licence activity, in relation to a licence or a proposed commercial licence, means an offshore infrastructure activity or other activity carried out, or to be carried out, in the licence area under the licence or the proposed commercial licence.
licence application means an application for, or that relates to, a licence.
offshore electricity infrastructure levy has the same meaning as in the Offshore Electricity Infrastructure (Regulatory Levies) Act 2021.
overlap: applications for feasibility licences overlap each other if the licence areas proposed in the applications cover wholly or partly the same area.
overlapping application group: see subsection 11(2).
periodic revision day, for a relevant licence, has the meaning given by subsection 56(2), subject to sections 58 and 59.
plan revision approval application: see section 50.
proposed commercial licence means a commercial licence:
(a) that:
(i) the holder of a feasibility licence has applied for, where the application has not been granted or refused; or
(ii) the holder of a feasibility licence proposes to apply for; and
(b) that is proposed to have a licence area that consists of, or is entirely within, the licence area of the feasibility licence.
proposed project, in relation to a licence or an application for a licence, means:
(a) in the case of a feasibility licence or an application for a feasibility licence—the proposed commercial offshore infrastructure project for the licence; or
(b) in any other case—the offshore infrastructure project proposed to be carried out under the licence.
protection zone application: see section 130.
protection zone determination: see section 126.
relevant licence means a licence or a proposed commercial licence, and:
(a) in relation to a management plan—means the licence (including a proposed commercial licence) that the management plan is approved for; and
(b) in relation to an initial plan approval application for the Regulator to approve a plan as the management plan for a licence (including a proposed commercial licence)—means that licence; and
(c) in relation to a plan revision approval application for the Regulator to approve a revised management plan as the management plan for a licence (including a proposed commercial licence)—means that licence.
relevant structures, equipment and property, in relation to a relevant licence: see subsection 87(1).
Note: The relevant structures, equipment and property in relation to a relevant licence must be listed in the management plan for the licence under section 87. However, a structure, equipment or other property mentioned in subsection 87(1) is a relevant structure, equipment or property whether or not it is listed in the plan.
safety zone application: see section 117.
safety zone determination: see section 113.
This instrument is the Offshore Electricity Infrastructure Regulations 2022.
This instrument is made under the Offshore Electricity Infrastructure Act 2021.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(aa) documentary information;
(a) eligible person;
(b) licence;
(c) proposed commercial offshore infrastructure project;
(d) Registrar;
(e) Regulator.
In this instrument:
Act means the Offshore Electricity Infrastructure Act 2021.
activities subject to consultation: see section 63.
commercially confidential information: see section 157.
decision maker: see subsection 43(2).
design notification: see sections 96 and 97.
eligible safety zone infrastructure has the meaning given by subsection 136(1) of the Act.
financial offer group: see subsection 14(2).
general licence application information: see section 151.
initial plan approval application: see section 47.
licence activity, in relation to a licence or a proposed commercial licence, means an offshore infrastructure activity or other activity carried out, or to be carried out, in the licence area under the licence or the proposed commercial licence.
licence application means an application for, or that relates to, a licence.
offshore electricity infrastructure levy has the same meaning as in the Offshore Electricity Infrastructure (Regulatory Levies) Act 2021.
overlap: applications for feasibility licences overlap each other if the licence areas proposed in the applications cover wholly or partly the same area.
overlapping application group: see subsection 11(2).
periodic revision day, for a relevant licence, has the meaning given by subsection 56(2), subject to sections 58 and 59.
plan revision approval application: see section 50.
proposed commercial licence means a commercial licence:
(a) that:
(i) the holder of a feasibility licence has applied for, where the application has not been granted or refused; or
(ii) the holder of a feasibility licence proposes to apply for; and
(b) that is proposed to have a licence area that consists of, or is entirely within, the licence area of the feasibility licence.
proposed project, in relation to a licence or an application for a licence, means:
(a) in the case of a feasibility licence or an application for a feasibility licence—the proposed commercial offshore infrastructure project for the licence; or
(b) in any other case—the offshore infrastructure project proposed to be carried out under the licence.
protection zone application: see section 130.
protection zone determination: see section 126.
relevant licence means a licence or a proposed commercial licence, and:
(a) in relation to a management plan—means the licence (including a proposed commercial licence) that the management plan is approved for; and
(b) in relation to an initial plan approval application for the Regulator to approve a plan as the management plan for a licence (including a proposed commercial licence)—means that licence; and
(c) in relation to a plan revision approval application for the Regulator to approve a revised management plan as the management plan for a licence (including a proposed commercial licence)—means that licence.
relevant structures, equipment and property, in relation to a relevant licence: see subsection 87(1).
Note: The relevant structures, equipment and property in relation to a relevant licence must be listed in the management plan for the licence under section 87. However, a structure, equipment or other property mentioned in subsection 87(1) is a relevant structure, equipment or property whether or not it is listed in the plan.
safety zone application: see section 117.
safety zone determination: see section 113.
For the purposes of section 29 of the Act, this Part prescribes the licensing scheme in relation to: (a) applications for licences; and (b) the offering and granting of licences; and (c) transfers of licences; and (d) changes in control of licence holders; and (e) other matters.
For the purposes of paragraph 29(1)(f) of the Act, this Division prescribes licence areas.
Feasibility licences (1) The maximum area for a feasibility licence is 700 km2.
Note: See paragraph 33(4)(c) of the Act.
Commercial licences (2) The maximum area for a commercial licence is 700 km2.
Note: See paragraph 42(4)(c) of the Act.
For the purposes of paragraph 29(1)(a) of the Act, this Division prescribes matters relating to applications for licences.
(1) The Minister may invite eligible persons to apply for feasibility licences. (2) The invitation must be: (a) in writing; and (b) registered on the Federal Register of Legislation as a notifiable instrument. (3) The invitation must: (a) identify the declared area for which licences may be granted; and (b) specify the time before which applications must be made; and (c) specify any conditions that the declaration requires licences granted in the declared area to be subject to.
Note: Licences will also be subject to other conditions: see section 35 of the Act.
(4) The invitation may specify additional information or documents that must accompany applications.
(1) If the Minister has invited applications for feasibility licences under section 9, an eligible person may apply for a feasibility licence. (2) The application must: (a) be made in the manner and form that is: (i) approved by the Registrar; and (ii) published on the Registrar’s website; and (b) be made before the time specified in the invitation under paragraph 9(3)(b); and (ba) describe the area proposed to be covered by the feasibility licence: (i) by providing, in a manner consistent with Geocentric Datum of Australia 1994 as defined in Gazette No. 35 of 6 September 1995 (GDA94 geocentric data set), a detailed map of the area, specifying the geographical coordinates of the area and including shapefiles; or (ii) by describing the area as otherwise provided by the approved form; and (c) include a description of the proposed commercial offshore infrastructure project to be assessed under the feasibility licence; and (d) be accompanied by any other information or documents required by the approved form; and (e) be accompanied by any other information or documents specified in the invitation under subsection 9(4).
Note: For application fees, see section 146. An application is taken to have been made only if the fee for dealing with the application has been paid (see section 147).
(3) An application under this section is taken to include or be accompanied by a thing mentioned in paragraph (2)(c), (d) or (e) if the thing is given to the Registrar before the end of the 30‑day period that begins on the day after the day on which the time specified in the invitation under paragraph 9(3)(b) falls. Applications for licences that cover existing licence areas (4) If an application for a feasibility licence covers an area that is, or is part of, the licence area of an existing licence, the Registrar may: (a) notify the holder of the existing licence that the application has been made; and (b) inform the holder of the existing licence of: (i) the name of the applicant; and (ii) the proposed licence area of the feasibility licence (including a description of the location, shape and size of the area); and (iii) the kind of project that the applicant proposes to carry out in the proposed licence area; and (c) invite the holder of the existing licence to make a submission in relation to the potential grant of the feasibility licence.
Note: The licence area of a feasibility licence must not include any part of the licence area of any other feasibility licence or a commercial licence (see paragraph 33(4)(b) of the Act).
(1) This section applies if: (a) the Minister has invited applications for feasibility licences under section 9; and (b) 2 or more such applications have been made in response to the invitation. (2) The Minister may determine that a group of 2 or more of the applications forms an overlapping application group if: (a) the Minister considers all of the applications in the group to be of equal merit; and (b) each application in the group overlaps at least one other application in the group; and (c) the licence areas proposed by all of the applications in the group (including parts of those areas that overlap, and parts that do not overlap) together form a continuous area; and (d) the Minister is satisfied that, if not for the overlap or overlaps, a feasibility licence could be offered in response to each of the applications in the group.
Note 1: For example, if applications A and B overlap each other, and applications B and C overlap each other, applications A, B and C may be in an overlapping application group even if applications A and C do not overlap.
Note 2: For when applications overlap, see section 4.
(3) In considering the merit of an application for the purposes of paragraph (2)(a): (a) the Minister must have regard to: (i) the technical and financial capability that the applicant is likely to have, or to be able to arrange to have, to carry out the proposed commercial offshore infrastructure project; and (ii) the likely viability of the proposed commercial offshore infrastructure project; and (iii) the suitability of the applicant to hold the licence; and (iv) the national interest; and (b) the Minister may have regard to any of the matters set out in section 26; and (c) the Minister may have regard to any other matters the Minister considers relevant. (4) To avoid doubt, the Minister may make more than one determination under subsection (2) in relation to a particular invitation for applications for feasibility licences.
(1) This section applies if: (a) applications for feasibility licences are made in response to an invitation made by the Minister under section 9; and (b) at least one application overlaps at least one other application made in response to that invitation. (2) If an application (the particular application) for a feasibility licence overlaps at least one other application, the Minister must not offer or grant the feasibility licence if: (a) the Minister exercises the Minister’s discretion under subsection 11(2) to determine an overlapping application group in response to the invitation, being an overlapping application group that does not include the particular application; and (b) the only reason the particular application is not included in the overlapping application group is because the Minister considers it to be of lower merit than the other applications in the overlapping application group. (3) If, after considering whether to determine that a group of applications (the initial group) that satisfies paragraphs 11(2)(b), (c) and (d) forms an overlapping application group, the Minister does not make the determination only because one application in the initial g
This is an opening excerpt, not the complete document.