26Merit criteria—matters to be considered

26 Merit criteria—matters to be considered

Technical and financial capability (1) For the purposes of being satisfied that an eligible person has, is likely to have or is likely to be able to arrange to have the technical and financial capability to carry out a proposed project under a licence, the Minister may consider one or more of the following: (a) the technical advice that is or will be available to the person; (b) the financial resources that are or will be available to the person; (c) the person’s ability to carry out the operations and works that will be authorised by the licence; (d) the person’s ability to discharge the obligations in relation to the licence that will be imposed by the Act, these regulations or any other instrument made under the Act; (e) any other matters the Minister considers relevant. Viability (2) For the purposes of being satisfied that a proposed project for a licence is likely to be viable, the Minister may consider one or more of the following: (a) the complexity of the project; (b) the route‑to‑market for the project; (c) the estimated commercial return to the licence holder; (d) any other matters the Minister considers relevant. Suitability of the applicant (3) For the purposes of being satisfied that an eligible person is suitable to hold a licence, the Minister may consider one or more of the following: (a) the person’s past performance in offshore infrastructure projects, or other large infrastructure projects, in Australia or internationally; (b) the person’s past financial performance; (c) the person’s corporate governance structure; (d) any other matters the Minister considers relevant. National interest (4) For the purposes of being satisfied that a proposed project for a licence is in the national interest, the Minister may consider one or more of the following: (a) the project’s impact on, and contribution to, the Australian economy and local communities, including in relation to regional development, job creation, Australian industries and the use of Australian goods and services; (b) national security; (c) whether the project is likely to be delivered within a reasonable time; (d) whether the project is likely to make efficient use of the licence area; (e) conflicts that might arise with other uses or users of the licence area; (f) any measures that are proposed to mitigate such conflicts; (g) any other matters the Minister considers relevant.

Note: In considering a licence application, the Minister must have regard to any information, assessment, analysis, report, advice or recommendation in relation to the application given to the Minister by the Registrar: see section 42.