Energy and Public Land Legislation Amendment (Enabling Offshore Wind Energy) Act 2024 (Vic)
Energy and Public Land Legislation Amendment (Enabling Offshore Wind Energy) Act 2024
No. 14 of 2024
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of public land Acts
Division 1—Land Act 1958
3Sections 34 and 35 repealed
4Industrial leases and industrial development leases
5Minister may declare lease forfeited
6Effect of forfeit of lease
7Statute law revision—section 140AA
8New section 140AB inserted
9Forfeiture of lease
10Agreement with electricity company
11Regulations
Division 2—Crown Land (Reserves) Act 1978
12New section 17BB inserted
13Agreement with electricity company—reserved land
Division 3—Forests Act 1958
14Agreement with electricity company—reserved forest
15New section 57DA inserted
Division 4—National Parks Act 1975
16Definitions
17Statute law revision—section 21
18Agreement with electricity company
Part 3—Amendment of Electricity Industry Act 2000
19Definitions
20New Division 5BA of Part 2 inserted
Part 4—Repeal of this Act
21Repeal of this Act
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Endnotes
1 General information
Energy and Public Land Legislation Amendment (Enabling Offshore Wind Energy) Act 2024
No. 14 of 2024
[Assented to 7 May 2024]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The main purposes of this Act are—
(a)to amend the Land Act 1958, the Crown Land (Reserves) Act 1978 and the Forests Act 1958 to enable certain licences under those Acts to be granted for up to 21 years for the purposes of assessing the feasibility of constructing offshore electricity transmission infrastructure; and
(b)to amend the National Parks Act 1975—
(i)so that offshore wind energy generation companies are included in references to public authorities in that Act; and
(ii)to enable the Minister to enter into certain agreements under that Act with offshore wind energy generation companies; and
(c)to amend the Electricity Industry Act 2000 to enable the Minister to declare a person to be an offshore wind energy generation company.
2Commencement
(1)This Part and sections 3, 4, 5, 6, 7, 9, 11 and 17 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision of this Act does not come into operation before 31 March 2025, it comes into operation on that day.
PART 2—AMENDMENT OF PUBLIC LAND ACTS
Division 1—Land Act 1958
3Sections 34 and 35 repealed
Sections 34 and 35 of the Land Act 1958 are repealed.
4Industrial leases and industrial development leases
(1)For section 137A(12) of the Land Act 1958 substitute—
"(12)If the Minister is satisfied that the lessee of an industrial lease, an industrial development lease or an industrial purchase lease has failed to comply with any covenant or condition of the lease, the Minister must—
(a)give the lessee a notice specifying—
(i)the non-compliance; and
(ii)the date, being not less than 30 days from the date of the notice, by which the lessee must rectify the non-compliance; and
(b)give every mortgagee of the lessee's interest a notice—
(i)specifying the non-compliance; and
(ii)inviting the mortgagee to make written submissions to the Minister regarding the non‑compliance within 30 days after receiving the notice or any longer period specified in the notice.
(12A)If the lessee does not rectify the non‑compliance specified in the notice under subsection (12)(a) within the specified period, the Governor in Council, after considering any submissions made in accordance with subsection (12)(b), may declare, by notice published in the Government Gazette, that the lease is forfeited.".
(2)In section 137A(13) of the Land Act 1958, for "subsection (12)" substitute "subsection (12A)".
5Minister may declare lease forfeited
For section 137G of the Land Act 1958 substitute—
"137G Minister may declare lease forfeited
(1)If the Minister is satisfied that a lessee of a conditional purchase lease has failed to comply with any covenant or condition of the lease, the Minister must—
(a)give the lessee a notice specifying—
(i)the non-compliance; and
(ii)the date, being not less than 30 days from the date of the notice, by which the lessee must rectify the non-compliance; and
(b)give every mortgagee of the lessee's interest a notice—
(i)specifying the non-compliance; and
(ii)inviting the mortgagee to make written submissions to the Minister regarding the non‑compliance within 30 days after receiving the notice or any longer period specified in the notice.
(2)If the lessee does not rectify the non‑compliance specified in the notice under subsection (1)(a) within the specified period, the Minister, after considering any submissions made in accordance with subsection (1)(b), may declare, by notice published in the Government Gazette, that the lease is forfeited.".
6Effect of forfeit of lease
In section 137H of the Land Act 1958, for "section 137G(1)" substitute "section 137G(2)".
7Statute law revision—section 140AA
In section 140AA of the Land Act 1958, for "section 140(b)" substitute "section 140(1)(b)".
8New section 140AB inserted
After section 140AA of the Land Act 1958 insert—
"140AB Licence granted for offshore wind energy generation
(1)Despite section 140(1)(b), a licence may be granted under section 138 for a term not exceeding 21 years if the licence is granted in respect of land used, or to be used, for one or more of the following purposes—
(a)assessing the desirability or feasibility of constructing or installing offshore electricity transmission infrastructure;
(b)determining the optimal placement of offshore electricity transmission infrastructure;
(c)carrying out an activity for the purposes of obtaining a permit or consent (however described) required by or under any Act of Victoria or the Offshore Electricity Infrastructure Act 2021 of the Commonwealth for the construction or installation of offshore electricity transmission infrastructure.
(2)In granting a licence under subsection (1), the person who grants the licence must have regard to the following—
(a)whether or not the applicant is the holder, or applying for the licence on behalf of the holder, of a licence within the meaning of the Offshore Electricity Infrastructure Act 2021 of the Commonwealth that relates to all or any of the land in respect of which the applicant may be granted the licence;
(b)whether granting the licence would contribute to achieving an offshore wind energy generation target or a renewable energy generation target set by the State of Victoria;
(c)any other matter that the person considers relevant.
(3)Before granting a licence under subsection (1), the person who grants the licence must consult the Minister responsible for administering the Electricity Industry Act 2000.
(4)Despite anything to the contrary in this Act, the holder of a licence granted under subsection (1) may transfer the licence to another person or body at any time with the written consent of the Minister.
(5)The Minister must not consent to a transfer under subsection (4) before consulting the Minister responsible for administering the Electricity Industry Act 2000.
(6)Despite anything to the contrary in this Act, the Minister, after consulting the Minister responsible for administering the Electricity Industry Act 2000, may at any time vary or revoke a licence granted under subsection (1).
(7)In this section—
offshore electricity transmission infrastructure means—
(a)fixed or tethered infrastructure, within the meaning of the Offshore Electricity Infrastructure Act 2021 of the Commonwealth, that has the primary purpose of storing, transmitting or conveying electricity generated or obtained from wind or air flow, including but not limited to a cable that sits on the seabed; or
(b)any infrastructure, structure or installation that would be offshore electricity transmission infrastructure under paragraph (a) except that—
(i)it is being constructed, installed or decommissioned; or
(ii)it has temporarily or accidentally ceased to be fixed or tethered infrastructure; or
(c)any infrastructure, structure or installation that—
(i)receives, stores, transmits or distributes electricity; and
(ii)is connected to any infrastructure, structure or installation described in paragraph (a) or (b).".
9Forfeiture of lease
For section 176(1) of the Land Act 1958 substitute—
"(1)If the Minister is satisfied that the lessee of any lease granted under this Division (other than under section 170) has failed to comply with any covenant or condition of the lease, the Minister must—
(a)give the lessee a notice specifying—
(i)the non-compliance; and
(ii)the date, being not less than 30 days from the date of the notice, by which the lessee must rectify the non-compliance; and
(b)give every mortgagee of the lessee's interest a notice—
(i)specifying the non-compliance; and
(ii)inviting the mortgagee to make written submissions to the Minister regarding the non‑compliance within 30 days after receiving the notice or any longer period specified in the notice.
(1A)If the lessee does not rectify the non‑compliance specified in the notice under subsection (1)(a) within the specified period, the Minister, after considering any submissions made in accordance with subsection (1)(b), may declare, by notice published in the Government Gazette, that the lease is forfeited.".
10Agreement with electricity company
In section 229(1) of the Land Act 1958, after "that is used" insert ", or is to be used,".
11Regulations
Section 413(1)(a) of the Land Act 1958 is repealed.
Division 2—Crown Land (Reserves) Act 1978
12New section 17BB inserted
After section 17BA of the Crown Land (Reserves) Act 1978 insert—
"17BB Licence granted for offshore wind energy generation
(1)Despite section 17B(1)(a) and (1A)(a), the Minister may grant a licence under that section for a term not exceeding 21 years if the licence is granted in respect of land used, or to be used, for one or more of the following purposes—
(a)assessing the desirability or feasibility of constructing or installing offshore electricity transmission infrastructure;
(b)determining the optimal placement of offshore electricity transmission infrastructure;
(c)carrying out an activity for the purposes of obtaining a permit or consent (however described) required by or under any Act of Victoria or the Offshore Electricity Infrastructure Act 2021 of the Commonwealth for the construction or installation of offshore electricity transmission infrastructure.
(2)In granting a licence under subsection (1), the Minister must have regard to the following—
(a)whether or not the applicant is the holder, or is applying for the licence on behalf of the holder, of a licence within the meaning of the Offshore Electricity Infrastructure Act 2021 of the Commonwealth that relates to all or any of the land in respect of which the applicant may be granted the licence;
(b)whether granting the licence would contribute to achieving an offshore wind energy generation target or a renewable energy generation target set by the State of Victoria;
(c)any other matter that the Minister considers relevant.
(3)Before granting a licence under subsection (1), the Minister must consult—
(a)the trustees or committee of management that manages the land reserved under section 4, if any; and
(b)the Minister responsible for administering the Electricity Industry Act 2000.
(4)Despite anything to the contrary in this Act, the holder of a licence granted under subsection (1) may transfer the licence to another person or body at any time with the written consent of the Minister.
(5)The Minister must not consent to a transfer under subsection (4) before consulting the Minister responsible for administering the Electricity Industry Act 2000.
(6)Despite anything to the contrary in this Act, the Minister, after consulting the Minister responsible for administering the Electricity Industry Act 2000, may at any time vary or revoke a licence granted under subsection (1).
(7)In this section—
offshore electricity transmission infrastructure means—
(a)fixed or tethered infrastructure, within the meaning of the Offshore Electricity Infrastructure Act 2021 of the Commonwealth, that has the primary purpose of storing, transmitting or conveying electricity generated or obtained from wind or air flow, including but not limited to a cable that sits on the seabed; or
(b)any infrastructure, structure or installation that would be offshore electricity transmission infrastructure under paragraph (a) except that—
(i)it is being constructed, installed or decommissioned; or
(ii)it has temporarily or accidentally ceased to be fixed or tethered infrastructure; or
(c)any infrastructure, structure or installation that—
(i)receives, stores, transmits or distributes electricity; and
(ii)is connected to any infrastructure, structure or installation described in paragraph (a) or (b).".
13Agreement with electricity company—reserved land
In section 18A(1) of the CrownLand (Reserves) Act 1978, after "that is used" insert ", or is to be used,".
Division 3—Forests Act 1958
14Agreement with electricity company—reserved forest
In section 57D(1) of the Forests Act 1958, after "that is used" insert ", or is to be used,".
15New section 57DA inserted
After section 57D of the Forests Act 1958 insert—
"57DA Licences and permits with respect to offshore wind energy generation
(1)The Minister may grant a licence or permit for a term of not more than 21 years in respect of any area of land in reserved forest which is used, or is to be used, for one or more of the following purposes—
(a)assessing the desirability or feasibility of constructing or installing offshore electricity transmission infrastructure;
(b)determining the optimal placement of offshore electricity transmission infrastructure;
(c)carrying out an activity for the purposes of obtaining a permit or consent (however described) required by or under any Act of Victoria or the Offshore Electricity Infrastructure Act 2021 of the Commonwealth for the construction or installation of offshore electricity transmission infrastructure.
(2)A licence or permit under subsection (1)—
(a)must be granted in writing; and
(b)is subject to the terms and conditions determined by the Minister; and
(c)is subject to any prescribed terms and conditions.
(3)In granting a licence or permit under subsection (1), the Minister must have regard to the following—
(a)whether or not the person or body to whom the licence or permit is to be granted is, or is applying on behalf of, the holder of a licence within the meaning of the Offshore Electricity Infrastructure Act 2021 of the Commonwealth that relates to all or any of the land in respect of which that person or body may be granted a licence or permit under subsection (1);
(b)whether granting the licence or permit would contribute to achieving an offshore wind energy generation target or a renewable energy generation target set by the State of Victoria;
(c)any other matter that the Minister considers relevant.
(4)Before granting a licence or permit under this section, the Minister must consult the Minister responsible for administering the Electricity Industry Act 2000.
(5)Despite anything to the contrary in this Act, the holder of a licence or permit granted under this section may transfer the licence or permit to another person or body at any time with the written consent of the Minister.
(6)The Minister must not consent to a transfer under subsection (5) before consulting the Minister responsible for administering the Electricity Industry Act 2000.
(7)Despite anything to the contrary in this Act, the Minister, after consulting the Minister responsible for administering the Electricity Industry Act 2000, may at any time vary or revoke a licence or permit granted under this section.
(8)In this section—
offshore electricity transmission infrastructure means—
(a)fixed or tethered infrastructure, within the meaning of the Offshore Electricity Infrastructure Act 2021 of the Commonwealth, that has the primary purpose of storing, transmitting or conveying electricity generated or obtained from wind or air flow, including but not limited to a cable that sits on the seabed;
(b)any infrastructure, structure or installation that would be offshore electricity transmission infrastructure under paragraph (a) except that—
(i)it is being constructed, installed or decommissioned;
(ii)it has temporarily or accidentally ceased to be fixed or tethered infrastructure;
(c)any infrastructure, structure or installation that—
(i)receives, stores, transmits or distributes electricity; and
(ii)is connected to any infrastructure, structure or installation described in paragraph (a) or (b).".
Division 4—National Parks Act 1975
16Definitions
In section 3(2) of the National Parks Act 1975, for "or a generation company" substitute ", a generation company or an offshore wind energy generation company".
17Statute law revision—section 21
In section 21(1) of the National Parks Act 1975—
(a)after "Parks Victoria" (where first occurring) insert "or the Great Ocean Road Coast and Parks Authority";
(b)in paragraph (a), omit "or the Great Ocean Road Coast and Parks Authority," (where second occurring).
18Agreement with electricity company
(1)In section 27A(1) of the National Parks Act 1975, after "that is used" insert ", or is to be used,".
(2)In section 27A(4) of the National Parks Act 1975, in the definition of electricity company, for "a transmission company or distribution company" substitute "an offshore wind energy generation company, a transmission company or a distribution company".
PART 3—AMENDMENT OF ELECTRICITY INDUSTRY ACT 2000
19Definitions
In section 3 of the Electricity Industry Act 2000 insert the following definition—
"offshore wind energy generation company means a person declared to be an offshore wind energy generation company under section 40SAA;".
20New Division 5BA of Part 2 inserted
After Division 5B of Part 2 of the Electricity Industry Act 2000 insert—
"Division 5BA—Offshore wind energy generation companies
40SAAMinister may declare an offshore wind energy generation company
The Minister, by notice published in the Government Gazette, may declare a person to be an offshore wind energy generation company.".
PART 4—REPEAL OF THIS ACT
21Repeal of this Act
This Act is repealed on 31 March 2026.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 6 March 2024
Legislative Council: 21 March 2024
The long title for the Bill for this Act was "A Bill for an Act to amend the Land Act 1958, the Crown Land (Reserves) Act 1978 and the Forests Act 1958 to enable licences over public land to be granted for up to 21 years for purposes relating to offshore wind energy generation, to include offshore wind energy generation companies within the scope of certain provisions in the National Parks Act 1975 and to amend the Electricity Industry Act 2000 to enable the Minister to declare persons to be offshore wind energy generation companies and for other purposes."
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