Hydrogen and Renewable Energy Act 2023 (SA)

South Australia

Hydrogen and Renewable Energy Act 2023

An Act to facilitate and regulate the generation of hydrogen and renewable energy in the State and coastal waters of the State, to make related amendments to the Mining Act 1971, the Pastoral Land Management and Conservation Act 1989, the Petroleum and Geothermal Energy Act 2000 and the Planning, Development and Infrastructure Act 2016, and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Hydrogen and Renewable Energy Act 2023.

2Commencement

This Act comes into operation on a day to be fixed by proclamation.

3Objects

The objects of this Act are as follows:

1. (a)

   to facilitate and regulate exploration for, and exploitation of, renewable energy resources;

2. (b)

   to establish an effective, efficient and flexible regulatory framework for the constructing, operating, maintaining and decommissioning of renewable energy infrastructure and facilities for generating hydrogen for commercial purposes;

3. (c)

   to encourage and maintain an appropriate level of competition for access to designated land to enable exploration for, and exploiting of, renewable energy resources;

4. (d)

   to enable engagement with Aboriginal people to ensure the regulatory framework in this Act maximises beneficial economic, environmental and social impacts and minimises adverse cultural and heritage impacts on Aboriginal people;

5. (e)

   to enable engagement with rural and regional communities in relation to hydrogen and renewable energy projects for beneficial economic, environmental and social outcomes for those communities;

6. (f)

   to facilitate economic prosperity and benefits for the State through the development of an industry for generating hydrogen and renewable energy;

7. (g)

   to ensure that generating hydrogen and the exploitation of renewable energy resources is ecologically sustainable;

8. (h)

   to facilitate public safety in managing risks inherent in generating hydrogen;

9. (i)

   to enable appropriate consultation before authorised operations are undertaken;

10. (j)

    to facilitate the grant of licences that enable hydrogen and renewable energy projects to co‑exist, so far as possible, with other land uses;

11. (k)

    to support the achievement of the following for the State:

    1. (i)

       competitively priced and reliable renewable energy supply;

    2. (ii)

       economic development of a hydrogen energy industry;

    3. (iii)

       economic development of a net zero carbon emission industry.

4Interpretation

1. (1)

   In this Act—

access agreement—see section 41;

Adelaide Dolphin Sanctuary has the same meaning as in the Adelaide Dolphin Sanctuary Act 2005;

affects native title has the same meaning as in the Native Title Act 1993 of the Commonwealth;

associated infrastructure activity means the construction, installation, operation, maintaining, management and decommissioning of—

1. (a)

   a hydrogen power plant; or

2. (b)

   ports, wharves or jetties associated with the import or export of hydrogen or renewable energy; or

3. (c)

   a desalination plant used for the primary purpose of supplying water used in generating hydrogen; or

4. (d)

   any other infrastructure associated with other regulated activities prescribed by the regulations for the purposes of this definition,

but does not include an activity of a kind excluded from the ambit of this definition by the regulations;

associated infrastructure licence—see section 23;

authorised officer means a person appointed by the Minister as an authorised officer for the purposes of this Act;

authorised operations means activities authorised to be undertaken under a licence;

authorised person means a person authorised by the Minister under section 7(1) to explore renewable energy resources;

coastal waters of the State has the same meaning as in the Coastal Waters (State Powers) Act 1980 of the Commonwealth, and includes the sea‑bed and subsoil beneath, and the airspace above, those waters;

commercial purpose, in relation to generating hydrogen, means generating hydrogen for any of the following purposes:

1. (a)

   international export;

2. (b)

   manufacturing chemicals;

3. (c)

   sale or supply of electricity to customers;

4. (d)

   wholesale distribution of hydrogen to customers;

5. (e)

   any other purpose prescribed by the regulations,

but does not include a purpose excluded from the ambit of this definition by the regulations;

Crown agency has the same meaning as in the Crown Land Management Act 2009;

Crown land means—

1. (a)

   Crown land within the meaning of the Crown Land Management Act 2009; and

2. (b)

   land owned by a Crown agency; and

3. (c)

   land under the control of a Crown agency within the meaning of the Crown Land Management Act 2009;

designated land means—

1. (a)

   pastoral land; or

2. (b)

   Crown land, or an area of Crown land, of a kind prescribed by the regulations for the purposes of this definition; or

3. (c)

   South Australian waters,

but does not include—

1. (d)

   the Arkaroola Protection Area within the meaning of the Arkaroola Protection Act 2012; or

2. (e)

   a restricted access zone or a sanctuary zone both within the meaning of the Marine Parks Act 2007; or

3. (f)

   a reserve within the meaning of the National Parks and Wildlife Act 1972; or

4. (g)

   a wilderness protection area or a wilderness protection zone both within the meaning of the Wilderness Protection Act 1992;

environment—see subsection (3);

environmental impact report—see section 61;

ERD Court means the Environment, Resources and Development Court established under the Environment, Resources and Development Court Act 1993;

exploit, in relation to a renewable energy resource, means—

1. (a)

   generating or obtaining energy from the renewable energy resource; or

2. (b)

   storing, transmitting or otherwise conveying energy obtained from the renewable energy resource,

of or above the prescribed quantity of energy;

explore, in relation to a renewable energy resource, means exploring for the existence of, or assessing or scoping the extent, capacity or attributes of, a renewable energy resource;

Fund means the Hydrogen and Renewable Energy Fund established and maintained under section 82;

generating hydrogen means undertaking operations for the creation of hydrogen (and any compound of hydrogen necessary for its processing, storage or transport) by processes such as the electrolysis of water or the reformation of natural gas, and includes—

1. (a)

   operations for the storage of hydrogen; and

2. (b)

   other operations of a kind prescribed by the regulations for the purposes of this definition;

hydrogen generation facility means infrastructure necessary for generating hydrogen;

hydrogen generation licence—see section 14;

infrastructure includes a facility, structure or installation that is being constructed, installed, operated, maintained or decommissioned;

infrastructure activity means constructing, installing, operating, maintaining or decommissioning—

1. (a)

   renewable energy infrastructure; or

2. (b)

   a hydrogen generation facility,

but does not include an activity excluded from the ambit of this definition by the regulations;

land includes—

1. (a)

   waters and airspace over land; and

2. (b)

   coastal waters of the State;

leading performance criteria means criteria used to give an early warning that a control or other strategy necessary for compliance with a statement of environmental objectives—

1. (a)

   is absent; or

2. (b)

   may fail or be failing;

licence means—

1. (a)

   a hydrogen generation licence; or

2. (b)

   a renewable energy feasibility licence; or

3. (c)

   a renewable energy infrastructure licence; or

4. (d)

   a renewable energy research licence; or

5. (e)

   an associated infrastructure licence; or

6. (f)

   a special enterprise licence;

licence area means the area of land in respect of which a licence is granted;

licensee means a person who holds a licence;

marine park has the same meaning as in the Marine Parks Act 2007;

Murray‑Darling Basin has the same meaning as in the Murray-Darling Basin Act 1993;

native title agreement, in relation to native title land means—

1. (a)

   an agreement in the form of an indigenous land use agreement registered under the Native Title Act 1993 of the Commonwealth; or

2. (b)

   an agreement in a form requested by the registered native title body corporate or registered native title claimant for the land that is satisfactory to the Minister;

native title, native title declaration, native title land and native title register have the same respective meanings as in the Native Title (South Australia) Act 1994;

native title holder has the same meaning as in the Native Title Act 1993 of the Commonwealth;

operational management plan—see section 66;

operations includes activities;

owner of land means—

1. (a)

   a person who holds a registered estate or interest in the land conferring a right to immediate possession of the land; or

2. (b)

   a native title holder in respect of the land; or

3. (c)

   a person who has, by statute, the care, control or management of the land; or

4. (d)

   a person who is lawfully in occupation of the land; or

5. (e)

   a person who holds a pastoral lease in respect of the land; or

6. (f)

   a person who holds a resources tenement in respect of the land; or

7. (g)

   the holder of an aquaculture lease or aquaculture licence under the Aquaculture Act 2001; or

8. (h)

   a person of a class brought within the ambit of this definition by the regulations;

pastoral land means land comprised in a pastoral lease;

pastoral lease means a lease granted under the Pastoral Land Management and Conservation Act 1989;

permit holder means a person who holds a renewable energy feasibility permit issued under section 8;

permit area means the area of land in respect of which a renewable energy feasibility permit is issued;

register means the hydrogen and renewable energy register required to be kept under section 108;

registered native title body corporate and registered native title claimant have the same respective meanings as in the Native Title Act 1993 of the Commonwealth;

regulated activity—see section 12;

release area—see section 10;

relevant Minister means—

1. (a)

   in relation to the Adelaide Dolphin Sanctuary—the Minister to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed; or

2. (b)

   in relation to a marine park—the Minister to whom the administration of the Marine Parks Act 2007 is committed; or

3. (c)

   in relation to a River Murray Protection Area or the Murray‑Darling Basin—the Minister to whom the administration of the River Murray Act 2003 is committed;

renewable energy feasibility licence—see section 17;

renewable energy feasibility permit—see section 8;

renewable energy infrastructure means infrastructure that—

1. (a)

   is necessary for assessing the feasibility of generating renewable energy from a renewable energy resource; or

2. (b)

   has the primary purpose of exploiting a renewable energy resource; or

3. (c)

   is of a kind prescribed by the regulations for the purposes of this definition;

renewable energy infrastructure licence—see section 19;

renewable energy licence means—

1. (a)

   a renewable energy feasibility licence; or

2. (b)

   a renewable energy infrastructure licence; or

3. (c)

   a renewable energy research licence;

renewable energy research licence—see section 21;

renewable energy resource means any of the following:

1. (a)

   light or heat from the sun;

2. (b)

   wind or air flow;

3. (c)

   wind generated waves;

4. (d)

   tides;

5. (e)

   ocean currents;

6. (f)

   any other resource prescribed by the regulations;

resources tenement means—

1. (a)

   a mineral tenement within the meaning of the Mining Act 1971; or

2. (b)

   a tenement under the Opal Mining Act 1995; or

3. (c)

   a licence under the Offshore Minerals Act 2000; or

4. (d)

   a licence under the Petroleum and Geothermal Energy Act 2000; or

5. (e)

   a permit, lease or licence under the Petroleum (Submerged Lands) Act 1982;

River Murray Protection Area means a River Murray Protection Area under the River Murray Act 2003;

scoping report—see section 71;

special enterprise licence—see section 28;

specially protected area means—

1. (a)

   the Adelaide Dolphin Sanctuary; or

2. (b)

   a marine park; or

3. (c)

   a River Murray Protection Area;

South Australian waters means adjacent land and subjacent land within the meaning of the Harbors and Navigation Act 1993 insofar as that land is vested in a Minister to whom the administration of that Act is committed under section 15 of that Act, and includes waters and airspace over such land;

statement of environmental objectives—see section 62;

work program means a document prepared by an applicant for a licence, or for the renewal of a licence, that provides—

1. (a)

   a statement of the nature, extent and proposed scheduling of operations proposed to be undertaken under the licence; and

2. (b)

   in the case of a renewable energy feasibility licence—an analysis against the criteria prescribed by the regulations for the purposes of this paragraph; and

3. (c)

   in the case of an application for a hydrogen generation licence, a renewable energy infrastructure licence or a special enterprise licence—

   1. (i)

      an economic analysis of the operations proposed to be undertaken under the licence prepared in accordance with the requirements prescribed by the regulations for the purposes of this subparagraph, including financial projections and details of the financial resources available to the applicant for the purposes of the operations; and

   2. (ii)

      an assessment of the benefits to the State derived, or expected to be derived, from operations proposed to be undertaken under the licence prepared in accordance with the requirements prescribed by the regulations.

1. (2)

   The following provisions apply in relation to a reference to designated land in a provision of this Act:

   1. (a)

      a reference to designated land in a provision of this Act relating to an application for a licence will be taken to refer only to land that is designated land at the time the application for the licence is determined;

   2. (b)

      a reference to designated land in a provision of this Act relating to the renewal of a licence will be taken to refer only to land that is designated land at the time the application for the grant of the licence the subject of the renewal was determined;

   3. (c)

      a reference to designated land in a provision of this Act relating to an application for an increase in the size of a licence area will be taken to refer only to land that is designated land within the proposed additional licence area at the time the application is approved (and not land within the original licence area);

   4. (d)

      a reference to designated land in a provision of this Act relating to a licence—

      1. (i)

         will be taken to refer only to land that is designated land at the time the application for the grant of the licence was determined; and

      2. (ii)

         if the area of the licence has been increased—will, in relation to the additional licence area, be taken to refer only to land that is designated land at the time the increase was approved.

2. (3)

   A reference in this Act to the environment includes—

   1. (a)

      land, air, water (including both surface and underground water and sea water), organisms, ecosystems, flora, fauna and other features or elements of the natural environment; and

   2. (b)

      buildings, structures and other forms of infrastructure, and cultural artefacts; and

   3. (c)

      existing or permissible land use; and

   4. (d)

      public health, safety or amenity; and

   5. (e)

      the heritage, aesthetic, Aboriginal, social and cultural values of an area; and

   6. (f)

      the social or economic effects associated with regulated activities.

3. (4)

   A provision of this Act that requires the Minister, an authorised person or a licensee to give a notice to an owner of land will, in relation to a person who is within the ambit of paragraph (d) of the definition of owner of land, apply—

   1. (a)

      to the extent that the Minister, authorised person or licensee is aware of such a person; or

   2. (b)

      to the extent that it is reasonable to expect the Minister, authorised person or licensee to be aware of such a person.

5Application of Act

This Act is intended to have extraterritorial application insofar as the legislative powers of the Parliament permit.

6Interaction with other Acts

1. (1)

   Subject to this section and any contrary intention in this or any other Act, the provisions of this Act are in addition to, and do not limit, the provisions of any other Act.

2. (2)

   The grant of a licence under this Act that confers a right to enter and use land does not take away or limit the power of the Governor or a Minister of the Crown to reserve, dedicate, grant, sell or otherwise deal with or dispose of land; however, any such reservation, dedication, grant, sale or other dealing or disposition of land is subject to rights earlier conferred under this Act.

3. (3)

   Nothing in subsection (2) limits the operation of the Mining Act 1971, the Offshore Minerals Act 2000, the Opal Mining Act 1995, the Petroleum (Submerged Lands) Act 1982 or the Petroleum and Geothermal Energy Act 2000.

4. (4)

   The Minister must, if taking any action under this Act—

   1. (a)

      that is within the Adelaide Dolphin Sanctuary, or likely to have a direct impact on the Adelaide Dolphin Sanctuary—

      1. (i)

         seek to further the objects and objectives of the Adelaide Dolphin Sanctuary Act 2005; and

      2. (ii)

         take into account the provisions of the Adelaide Dolphin Sanctuary Management Plan under the Adelaide Dolphin Sanctuary Act 2005 (insofar as may be relevant); and

   2. (b)

      that is within a marine park, or likely to have a direct impact on a marine park—

      1. (i)

         seek to further the objects of the Marine Parks Act 2007; and

      2. (ii)

         take into account the provisions of the management plan for the marine park under the Marine Parks Act 2007 (insofar as may be relevant); and

   3. (c)

      that is within a River Murray Protection Area, or likely to have a direct impact on a River Murray Protection Area—take into account the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act.

Part 2Preliminary investigation of renewable energy resources

Division 1Minister may explore renewable energy resources7Minister may explore renewable energy resources

1. (1)

   Subject to this section, the Minister or a person with the written authorisation of the Minister may, for the purposes of exploring renewable energy resources—

   1. (a)

      enter and remain on land with assistants, vehicles and equipment as may be necessary or expedient for the purposes of the exploration; and

   2. (b)

      explore and conduct tests on land; and

   3. (c)

      take, and remove from land, samples from the land; and

   4. (d)

      construct, install, operate, maintain or decommission infrastructure on land necessary for assessing the feasibility of generating renewable energy from a renewable energy resource; and

   5. (e)

      take photographs, audio or video recordings of land; and

   6. (f)

      undertake any other activities of a kind prescribed by the regulations.

2. (2)

   At least 14 days before the Minister or an authorised person undertakes an activity on land under subsection (1), the Minister or authorised person (as the case may be) must give notice to the owner of land—

   1. (a)

      describing the area of land on which the activity will be undertaken; and

   2. (b)

      describing the activities proposed to be undertaken on the land.

3. (3)

   The Minister or an authorised person need not comply with subsection (2) if it is not practical to do so.

4. (4)

   A person exercising powers under this section must, at the request of a person, provide their identity card or other proof of their authority to exercise the powers conferred by this section.

Division 2Renewable energy feasibility permit8Renewable energy feasibility permit

1. (1)

   A renewable energy feasibility permit, subject to the conditions of the permit, authorises the permit holder to undertake, within the permit area, a feasibility activity specified in the permit.

2. (2)

   A renewable energy feasibility permit must not be issued in respect of an area that constitutes designated land.

3. (3)

   An application for a renewable energy feasibility permit—

   1. (a)

      must be made in a manner and form determined by the Minister; and

   2. (b)

      must identify the area or areas in respect of which the permit is being sought in a manner determined by the Minister; and

   3. (c)

      must be accompanied by such other information as may be prescribed by the regulations; and

   4. (d)

      must be accompanied by the prescribed fee.

4. (4)

   The Minister may require the applicant to provide the Minister with additional information specified by the Minister (and that information must be provided within the period specified by the Minister).

5. (5)

   The Minister must, before issuing a renewable energy feasibility permit, be satisfied—

1. 1. (a)

      that the applicant has, or will acquire, a right or interest in respect of land comprising the proposed permit area sufficient to undertake the feasibility activity authorised by the permit; and

   2. (b)

      that the applicant has met the criteria prescribed by the regulations for the purposes of this subsection; and

   3. (c)

      to the extent that the proposed permit area comprises native title land—

      1. (i)

         to the extent that the native title land is the subject of a native title declaration or is within the area of a claim that is registered in a native title register—that a native title agreement is in place that authorises the issuing of the permit; and

      2. (ii)

         of the matters specified in any guidelines issued by the Minister for the purposes of this paragraph.

      Note—

      If there is an indigenous land use agreement registered under the Native Title Act 1993 of the Commonwealth authorising the grant of a right or interest in respect of land sufficient to undertake the proposed operations, that agreement may also authorise the issuing of the permit.

2. (6)

   The Minister may issue a renewable energy feasibility permit on conditions determined by the Minister and specified in the permit.

3. (7)

   A permit holder must not contravene a term or condition of a renewable energy feasibility permit.

Maximum penalty: $250 000.

1. (8)

   A person must not, without lawful excuse, obstruct or hinder the holder of a renewable energy feasibility permit in the reasonable exercise of rights conferred under this Act.

Maximum penalty: $150 000.

1. (9)

   In this section—

feasibility activity means—

1. (a)

   constructing, installing, operating, maintaining or decommissioning infrastructure necessary for assessing the feasibility of generating renewable energy from a renewable energy resource; or

2. (b)

   undertaking an activity of a kind prescribed by the regulations for the purposes of this definition.

9Term and renewal of permit

1. (1)

   A renewable energy feasibility permit may be issued for a term of up to 5 years as may be determined by the Minister and specified in the permit.

2. (2)

   A permit holder may, before the date of expiry of the permit (or at a time after the expiry of the permit as allowed by the Minister), apply to the Minister for the renewal of the renewable energy feasibility permit for a further term as may be determined by the Minister and specified in the permit.

3. (3)

   An application for the renewal of a renewable energy feasibility permit—

   1. (a)

      must be made to the Minister in a manner and form determined by the Minister; and

   2. (b)

      must be accompanied by any other information that the Minister may require.

4. (4)

   The Minister must not renew a renewable energy feasibility permit unless the Minister is satisfied that the applicant for the renewal has met the criteria prescribed by the regulations for the purposes of this subsection.

5. (5)

   If an application for the renewal of a renewable energy feasibility permit is not decided before the date on which the permit is due to expire, the permit continues in operation until the application is decided and, if the permit is renewed, the renewal dates from the date on which the permit would, but for this subsection, have expired.

6. (6)

   If the Minister decides to renew a renewable energy feasibility permit, the permit will be renewed for a term determined by the Minister and specified in the permit.

Part 3Release area10Minister may declare release area

1. (1)

   The Minister may, by notice in the Gazette, declare an area of land comprising designated land specified in the notice that the Minister considers to be suitable for the operation of renewable energy infrastructure to be a release area.

2. (2)

   A declaration under subsection (1) may specify the renewable energy resource in respect of which the area is declared.

3. (3)

   A person may, by written notice to the Minister given in a manner and form determined by the Minister, nominate an area of land that the person considers suitable for declaration as a release area.

4. (4)

   The Minister must, before declaring a release area—

   1. (a)

      if any part of the proposed area comprises pastoral land—seek the concurrence of the Minister responsible for the administration of the Pastoral Land Management and Conservation Act 1989; or

   2. (b)

      if any part of the proposed area comprises South Australian waters—seek the concurrence of the Minister responsible for the administration of the Harbors and Navigation Act 1993.

5. (5)

   If the Minister seeks the concurrence of a Minister under subsection (4), and the Ministers cannot agree on whether or not an area should be declared, the Ministers must take steps to refer the matter to the Governor and the Governor will determine the matter (and any decision taken by the Governor will be taken to be a decision of the Minister under this Act).

6. (6)

   The Minister must, before declaring a release area—

   1. (a)

      give notice in writing of the proposed declaration in the manner prescribed by the regulations; and

   2. (b)

      undertake consultation required by the regulations in a manner prescribed by the regulations.

7. (7)

   If a declaration of a release area under this section is in force, an application for a renewable energy feasibility licence in respect of land within the declared area must not be made except in response to a call for tenders under section 11.

8. (8)

   The prescribed particulars of a declaration under subsection (1) must be entered on the register.

11Call for tenders for renewable energy feasibility licence

1. (1)

   The Minister may, at any time, by notice in the Gazette, invite applications for renewable energy feasibility licences within a specified release area.

2. (2)

   A notice under subsection (1)—

   1. (a)

      must specify the release area to which the call for tenders relates; and

   2. (b)

      must identify the area over which applications for renewable energy feasibility licences are sought; and

   3. (c)

      must specify a period of time within which applications for renewable energy feasibility licenses must be made; and

   4. (d)

      may specify that applications are to be in respect of a specified renewable energy resource; and

   5. (e)

      may specify criteria prescribed by the regulations against which applications will be assessed; and

   6. (f)

      may include any other information the Minister considers relevant; and

   7. (g)

      must be made publicly available on a website determined by the Minister.

3. (3)

   The Minister must, in determining an application under this section—

   1. (a)

      comply with the prescribed requirements; and

   2. (b)

      have regard to any prescribed criteria specified under subsection (2)(e).

4. (4)

   On determining a successful applicant, the Minister must—

   1. (a)

      specify, by notice in the Gazette, the name of the successful applicant and a statement of the reasons for the Minister's decision; and

   2. (b)

      give notice to any unsuccessful applicant of the reasons for the Minister's decision.

5. (5)

   The regulations may provide for the circumstances in which the Minister may invite further applications for a renewable energy feasibility licence in respect of a release area and provide for the process by which the Minister may invite and otherwise deal with those applications.

6. (6)

   A successful applicant has an exclusive right to apply for a renewable energy feasibility licence under section 17 in respect of an area within the specified release area.

Part 4LicensingDivision 1Requirement for licence12Regulated activities

1. (1)

   The following activities, if undertaken within the State or the coastal waters of the State, are regulated activities:

   1. (a)

      generating hydrogen for a commercial purpose;

   2. (b)

      exploring for a renewable energy resource;

   3. (c)

      exploiting a renewable energy resource;

   4. (d)

      an infrastructure activity;

   5. (e)

      an associated infrastructure activity;

   6. (f)

      an activity of a kind prescribed by the regulations.

2. (2)

   The following are not regulated activities:

   1. (a)

      undertaking an activity requiring authorisation under the Mining Act 1971, the Offshore Minerals Act 2000, the Opal Mining Act 1995, the Petroleum and Geothermal Energy Act 2000, or the Petroleum (Submerged Lands) Act 1982;

   2. (b)

      an activity excluded by the regulations from the ambit of the definition of regulated activities.

3. (3)

   A reference to a regulated activity includes all operations reasonably necessary for, or incidental to, undertaking that activity.

4. (4)

   The regulations may provide that a regulated activity may only be authorised by a specified category of licence.

13Requirement for licence

1. (1)

   A person must not undertake a regulated activity unless the activity is authorised, or exempted from authorisation, under this Act.

Maximum penalty: $250 000 or imprisonment for 2 years.

1. (2)

   Exploring for a renewable energy resource on land that is not designated land is exempt from the requirement to be authorised under this Act.

   Note—

   A special enterprise licence may, however, authorise a person to explore a renewable energy resource on land that is not designated land and confer a right to enter and use such land for that purpose.

2. (3)

   If the Minister applies for a licence or exemption under this Act, then any power required to be exercised by the Minister in relation to the grant of the licence or exemption must be delegated to another Minister in accordance with this Act or the Administrative Arrangements Act 1994.

Division 2Licence categoriesSubdivision 1Hydrogen generation licence14Hydrogen generation licence

1. (1)

   A hydrogen generation licence, subject to the conditions of the licence, authorises the licensee—

   1. (a)

      to construct, install, operate, maintain and decommission a hydrogen generation facility within the licence area (which must not exceed 5 km² in area); and

   2. (b)

      to generate hydrogen for a commercial purpose; and

   3. (c)

      to undertake other regulated activities of a prescribed kind within the licence area as specified in the licence.

2. (2)

   The Minister must, before granting a hydrogen generation licence, be satisfied—

   1. (a)

      that the applicant for the licence has, or will acquire, a right or interest in respect of land comprising the proposed licence area sufficient to undertake the proposed operations; and

   2. (b)

      to the extent that the proposed licence area comprises native title land—

      1. (i)

         to the extent that the native title land is the subject of a native title declaration or is within the area of a claim that is registered in a native title register—that a native title agreement is in place that authorises the grant of the licence; and

      2. (ii)

         of the matters specified in any guidelines issued by the Minister for the purposes of this paragraph.

      Note—

      If there is an indigenous land use agreement registered under the Native Title Act 1993 of the Commonwealth authorising the grant of a right or interest in respect of land sufficient to undertake the proposed operations, that agreement may also authorise the grant of the licence.

15Term and renewal of licence

1. (1)

   A hydrogen generation licence may be granted for a term determined by the Minister and notified to the licensee.

2. (2)

   The holder of a hydrogen generation licence may, before the date of expiry of the licence (or at a time after the expiry of the licence as allowed by the Minister), apply to the Minister for the renewal of the licence for a further term as may be determined by the Minister and specified in the licence.

3. (3)

   An application for the renewal of a hydrogen generation licence—

   1. (a)

      must be made to the Minister in a manner and form determined by the Minister; and

   2. (b)

      must be accompanied by any other information that the Minister may require.

4. (4)

   The Minister must not renew a hydrogen generation licence unless the Minister is satisfied that the applicant for the renewal has met the criteria prescribed by the regulations for the purposes of this subsection.

5. (5)

   If an application for the renewal of a hydrogen generation licence is not decided before the date on which the licence is due to expire, the licence continues in operation until the application is decided and, if the licence is renewed, the renewal dates from the date on which the licence would, but for this subsection, have expired.

6. (6)

   If the Minister decides to grant a renewal, the hydrogen generation licence will be renewed for a term determined by the Minister and specified in the licence.

16Minister may grant certain licences under Petroleum and Geothermal Energy Act 2000

1. (1)

   An applicant for, or the holder of, a hydrogen generation licence may, by written notice to the Minister, request that the Minister—

   1. (a)

      determine an application for a designated licence; and

   2. (b)

      determine a related matter.

2. (2)

   A request under subsection (1) may only be made if the proposed designated licence is associated with authorised operations undertaken, or proposed to be undertaken, under a hydrogen generation licence.

3. (3)

   The Minister must, before granting a request under subsection (1), notify the relevant Minister of the Minister's intention to grant the request.

4. (4)

   If the Minister grants a request under subsection (1), the Minister may grant a designated licence, or determine a related matter, in accordance with the relevant designated provision.

5. (5)

   For the purposes of granting a designated licence or determining a related matter—

   1. (a)

      a reference to the relevant Minister in a designated provision will be taken to be a reference to the Minister; and

   2. (b)

      a relevant Minister must not exercise a power under a designated provision that is exercised by the Minister pursuant to this section.

6. (6)

   To avoid doubt, subsection (5) does not apply to any provision of the Petroleum and Geothermal Energy Act 2000 that is not referred to in that subsection.

7. (7)

   In this section—

designated licence means either of the following licences under the Petroleum and Geothermal Energy Act 2000:

1. (a)

   a gas storage licence;

2. (b)

   a pipeline licence;

designated provision means—

1. (a)

   in the case of granting a gas storage licence—Part 6 of the Petroleum and Geothermal Energy Act 2000; and

2. (b)

   in the case of granting a pipeline licence—Part 8 of the Petroleum and Geothermal Energy Act 2000; and

3. (c)

   in the case of determining a related matter—any other provision of the Petroleum and Geothermal Energy Act 2000 prescribed by the regulations for the purposes of this definition that allows for the determination of a related matter;

related matter means—

1. (a)

   the variation, revocation or renewal of a designated licence granted by the Minister; or

2. (b)

   any other matter prescribed by the regulations for the purposes of this definition that is related to a designated licence granted by the Minister;

relevant Minister means the Minister responsible for the administration of the Petroleum and Geothermal Energy Act 2000.

Subdivision 2Renewable energy feasibility licence17Renewable energy feasibility licence

1. (1)

   A renewable energy feasibility licence, subject to the conditions of the licence—

   1. (a)

      authorises the licensee to—

      1. (i)

         explore a renewable energy resource in the licence area and assess the feasibility of exploiting a renewable energy resource; and

      2. (ii)

         construct, install, operate, maintain and decommission renewable energy infrastructure for the purposes of exploring a renewable energy resource; and

   2. (b)

      confers on the licensee—

      1. (i)

         an exclusive right to undertake activities of a kind described in paragraph (a)(i) or (ii); and

      2. (ii)

         a right to enter and use land within the licence area for the purposes of authorised operations.

2. (2)

   The licence area of a renewable energy feasibility licence—

   1. (a)

      must comprise only designated land; and

   2. (b)

      must be located wholly within a release area.

3. (3)

   The Minister must, before granting a renewable energy feasibility licence—

   1. (a)

      if any part of the proposed licence area comprises pastoral land—consult with the Minister to whom the administration of the Pastoral Land Management and Conservation Act 1989 is committed; and

   2. (b)

      if any part of the proposed licence area comprises South Australian waters—seek the concurrence of the Minister to whom the administration of the Harbors and Navigation Act 1993 is committed pursuant to section 15 of that Act.

4. (4)

   The following provisions apply in relation to an application for a renewable energy feasibility licence to the extent that the proposed licence area comprises native title land:

   1. (a)

      to the extent that the native title land is the subject of a native title declaration or is within the area of a claim that is registered in a native title register, the Minister must, before granting the licence, be satisfied that a native title agreement is in place that authorises the grant of the licence;

   2. (b)

      the Minister must, before granting the licence, be satisfied of the matters specified in any guidelines issued by the Minister for the purposes of this paragraph.

5. (5)

   The prescribed information in relation to a renewable energy feasibility licence must be entered on the register.

18Term and renewal of licence

1. (1)

   A renewable energy feasibility licence may be granted—

   1. (a)

      if any part of the proposed licence area comprises South Australian waters—for a term of up to 7 years; or

   2. (b)

      in any other case—for a term of up to 5 years,

as may be determined by the Minister and specified in the licence.

1. (2)

   The holder of a renewable energy feasibility licence may, before the date of expiry of the licence (or at a time after the expiry of the licence as allowed by the Minister), apply to the Minister for the renewal of the licence—

   1. (a)

      for a further term of up to 3 years as may be determined by the Minister and specified in the licence; or

   2. (b)

      pending a decision by the Minister on an application for the grant of a renewable energy infrastructure licence that has been made by the holder of the licence.

2. (3)

   An application for the renewal of a renewable energy feasibility licence—

   1. (a)

      must be made to the Minister in a manner and form determined by the Minister; and

   2. (b)

      must be accompanied by any other information that the Minister may require.

3. (4)

   The Minister must, before renewing a renewable energy feasibility licence, be satisfied—

   1. (a)

      that the applicant for the renewal has met the criteria prescribed by the regulations for the purposes of this paragraph; and

   2. (b)

      to the extent that the licence area comprises native title land that is the subject of a native title declaration or is within the area of a claim that is registered in a native title register—that a native title agreement is in place that authorises the renewal of the licence.

4. (5)

   If an application for the renewal of a renewable energy feasibility licence is not decided before the date on which the licence is due to expire, the licence continues in operation until the application is decided and, if the licence is renewed, the renewal dates from the date on which the licence would, but for this subsection, have expired.

Subdivision 3Renewable energy infrastructure licence19Renewable energy infrastructure licence

1. (1)

   A renewable energy infrastructure licence, subject to the conditions of the licence—

   1. (a)

      authorises the licensee to—

      1. (i)

         generate or obtain energy from a renewable energy resource specified in the licence; and

      2. (ii)

         construct, install, operate, maintain or decommission renewable energy infrastructure; and

      3. (iii)

         store, transmit or otherwise convey energy obtained from a renewable energy resource; and

      4. (iv)

         undertake other regulated activities of a prescribed kind as specified in the licence; and

   2. (b)

      to the extent that the licence area comprises designated land—confers on the licensee—

      1. (i)

         an exclusive right to undertake activities of a kind described in paragraph (a)(i); and

      2. (ii)

         an exclusive right to undertake activities of a kind described in paragraph (a)(ii) other than the construction, installation, operation, maintaining or decommissioning of renewable energy infrastructure that has the primary purpose of storing, transmitting or otherwise conveying a renewable energy resource; and

      3. (iii)

         a right to enter and use designated land within the licence area for the purposes of authorised operations.

2. (2)

   The Minister must not grant a renewable energy infrastructure licence over an area of designated land unless—

   1. (a)

      the applicant for the licence holds, or has held, a renewable energy feasibility licence in respect of that area; and

   2. (b)

      the licence area to which the application relates is the whole or a part of an area over which the renewable energy feasibility licence is or was held.

3. (3)

   The Minister must, before granting a renewable energy infrastructure licence, to the extent that the proposed licence area comprises land that is not designated land, be satisfied that the applicant for the licence has, or will acquire, a right or interest in respect of land comprising that part of the proposed licence area sufficient to undertake the proposed operations.

1. (4)

   The Minister must, before granting a renewable energy infrastructure licence—

   1. (a)

      if any part of the proposed licence area comprises pastoral land—seek the concurrence of the Minister to whom the administration of the Pastoral Land Management and Conservation Act 1989 is committed; and

   2. (b)

      if any part of the proposed licence area comprises South Australian waters—seek the concurrence of the Minister administering the Harbors and Navigation Act 1993 pursuant to section 15 of that Act.

2. (5)

   If the Minister seeks the concurrence of a Minister under subsection (4)(a), and the Ministers cannot agree on whether or not a licence should be granted, the Ministers must take steps to refer the matter to the Governor and the Governor will determine the matter (and any decision taken by the Governor will be taken to be a decision of the Minister under this Act).

3. (6)

   The following provisions apply in relation to an application for a renewable energy infrastructure licence to the extent that the proposed licence area comprises native title land:

   1. (a)

      to the extent that the native title land is the subject of a native title declaration or is within the area of a claim that is registered in a native title register, the Minister must, before granting the licence, be satisfied that a native title agreement is in place that authorises the grant of the licence;

      Note—

      If there is an indigenous land use agreement registered under the Native Title Act 1993 of the Commonwealth authorising the grant of a right or interest in respect of land sufficient to undertake the proposed operations, that agreement may also authorise the grant of the licence.

   2. (b)

      the Minister must, before granting the licence, be satisfied of the matters specified in any guidelines issued by the Minister for the purposes of this paragraph.

4. (7)

   The prescribed information in relation to a renewable energy infrastructure licence must be entered on the register.

20Term and renewal of licence

1. (1)

   The term of a renewable energy infrastructure licence is 50 years, or such longer or shorter term determined by the Minister and specified in the licence.

2. (2)

   The holder of a renewable energy infrastructure licence may, before the date of expiry of the licence (or at a time after the expiry of the licence as allowed by the Minister), apply to the Minister for the renewal of the licence for a further term as may be determined by the Minister and specified in the licence.

3. (3)

   An application for the renewal of a renewable energy infrastructure licence—

   1. (a)

      must be made to the Minister in a manner and form determined by the Minister; and

   2. (b)

      must be accompanied by any other information that the Minister may require.

4. (4)

   The Minister must, before renewing a renewable energy infrastructure licence, be satisfied—

   1. (a)

      that the applicant for the renewal has met the criteria prescribed by the regulations for the purposes of this paragraph; and

   2. (b)

      if any part of the licence area comprises land that is not designated land—that the applicant for the renewal has, or will acquire, a right or interest in respect of land comprising that part of the licence area sufficient to undertake authorised operations; and

   3. (c)

      —

      1. (i)

         if any part of the licence area comprises designated land; and

      2. (ii)

         to the extent that the designated land comprises native title land that is the subject of a native title declaration or is within the area of a claim that is registered in a native title register,

   that a native title agreement is in place that authorises the renewal of the licence.

5. (5)

   If an application for the renewal of a renewable energy infrastructure licence is not decided before the date on which the licence is due to expire, the licence continues in operation until the application is decided and, if the licence is renewed, the renewal dates from the date on which the licence would, but for this subsection, have expired.

6. (6)

   If the Minister decides to grant a renewal, the renewable energy infrastructure licence will be renewed for a term determined by the Minister and specified in the licence.

Subdivision 4Renewable energy research licence21Renewable energy research licence

1. (1)

   A renewable energy research licence, subject to the conditions of the licence—

   1. (a)

      authorises the licensee—

      1. (i)

         to explore a renewable energy resource within the licence area and assess the feasibility of exploiting a renewable energy resource; and

      2. (ii)

         to exploit a renewable energy resource for the purpose of researching the capabilities of a technology, system or process for generating renewable energy; and

      3. (iii)

         to construct, install, operate, maintain and decommission renewable energy infrastructure for the purposes of undertaking activities of the kind described in a preceding subparagraph; and

   2. (b)

      confers a right to enter and use designated land within the licence area for the purposes of authorised operations.

2. (2)

   The Minister must, before granting a renewable energy research licence—

   1. (a)

      if any part of a proposed licence area comprises pastoral land—seek the concurrence of the Minister to whom the administration of the Pastoral Land Management and Conservation Act 1989 is committed; and

   2. (b)

      if any part of a proposed licence area comprises South Australian waters—seek the concurrence of the Minister administering the Harbors and Navigation Act 1993 pursuant to section 15 of that Act.

3. (3)

   If the Minister seeks the concurrence of a Minister under subsection (2)(a), and the Ministers cannot agree on whether or not a licence should be granted, the Ministers must take steps to refer the matter to the Governor and the Governor will determine the matter (and any decision taken by the Governor will be taken to be a decision of the Minister under this Act).

4. (4)

   The Minister must, before granting a renewable energy research licence, if any part of the proposed licence area comprises land that is not designated land, be satisfied that the applicant for the licence has, or will acquire, a right or interest in respect of land comprising the proposed licence area sufficient to undertake the proposed operations.

5. (5)

   The following provisions apply in relation to an application for a renewable energy research licence to the extent that the proposed licence area comprises native title land:

   1. (a)

      to the extent that the native title land is the subject of a native title declaration or is within the area of a claim that is registered in a native title register, the Minister must, before granting the licence, be satisfied that a native title agreement is in place that authorises the grant of the licence;

      Note—

      If there is an indigenous land use agreement registered under the Native Title Act 1993 of the Commonwealth authorising the grant of a right or interest in respect of land sufficient to undertake the proposed operations, that agreement may also authorise the grant of the licence.

   2. (b)

      the Minister must, before granting the licence, be satisfied of the matters specified in any guidelines issued by the Minister for the purposes of this paragraph.

6. (6)

   The prescribed information in relation to a renewable energy research licence must be entered on the register.

22Term and renewal of licence

1. (1)

   A renewable energy research licence may be granted for a term determined by the Minister and notified to the licensee.

2. (2)

   The holder of a renewable energy research licence may, before the date of expiry of the licence (or at a time after the expiry of the licence as allowed by the Minister), apply to the Minister for the renewal of the licence for a further term as may be determined by the Minister and specified in the licence.

3. (3)

   An application for the renewal of a renewable energy research licence—

   1. (a)

      must be made to the Minister in a manner and form determined by the Minister; and

   2. (b)

      must be accompanied by any other information that the Minister may require.

4. (4)

   The Minister must, before renewing a renewable energy research licence, be satisfied—

   1. (a)

      that the applicant for the renewal has met the criteria prescribed by the regulations for the purposes of this paragraph; and

   2. (b)

      if any part of the licence area comprises land that is not designated land—that the applicant for the renewal has, or will acquire, a right or interest in respect of land comprising that part of the licence area sufficient to undertake authorised operations; and

   3. (c)

      —

      1. (i)

         if any part of the licence area comprises designated land; and

      2. (ii)

         to the extent that the designated land comprises native title land that is the subject of a native title declaration or is within the area of a claim that is registered in a native title register,

   that a native title agreement is in place that authorises the renewal of the licence.

5. (5)

   If an application for the renewal of a renewable energy research licence is not decided before the date on which the licence is due to expire, the licence continues in operation until the application is decided and, if the licence is renewed, the renewal dates from the date on which the licence would, but for this subsection, have expired.

6. (6)

   If the Minister decides to grant a renewal, the renewable energy research licence will be renewed for a term determined by the Minister and specified in the licence.

Subdivision 5Associated infrastructure licence23Associated infrastructure licence

1. (1)

   An associated infrastructure licence, subject to subsection (2) and the conditions of the licence—

   1. (a)

      authorises the licensee—

      1. (i)

         to undertake an associated infrastructure activity specified in the licence within the licence area; and

      2. (ii)

         to store, transmit or otherwise convey, within the licence area, energy obtained from a renewable energy resource; and

      3. (iii)

         to undertake an activity within the licence area that is necessary or incidental to undertaking a regulated activity undertaken under another licence; and

         Example—

         Necessary or incidental activities may include the construction of access roads, camps or the construction and operation of water pipelines or water treatment facilities.

   2. (b)

      may confer a right to enter and use designated land for the purposes of undertaking authorised operations in respect of land within the licence area.

      Note—

      A licence may confer a right to enter and use designated land under paragraph (b) if the licensee does not have a right or interest in respect of land comprising the licence area sufficient to undertake authorised operations.

2. (2)

   A regulated activity of a kind specified by the regulations for the purposes of this subsection may not be authorised under an associated infrastructure licence.

3. (3)

   The Minister must, before granting an associated infrastructure licence that confers a right to enter and use designated land for the purposes of undertaking authorised operations—

   1. (a)

      if any part of the proposed licence area comprises pastoral land—seek the concurrence of the Minister to whom the administration of the Pastoral Land Management and Conservation Act 1989 is committed; and

   2. (b)

      if any part of the proposed licence area comprises South Australian waters—seek the concurrence of the Minister administering the Harbors and Navigation Act 1993 pursuant to section 15 of that Act.

4. (4)

   If the Minister seeks the concurrence of a Minister under subsection (3)(a), and the Ministers cannot agree on whether or not a licence should be granted, the Ministers must take steps to refer the matter to the Governor and the Governor will determine the matter (and any decision taken by the Governor will be taken to be a decision of the Minister under this Act).

5. (5)

   The Minister must, before granting an associated infrastructure licence that will not confer a right to enter and use designated land within the licence area for the purposes of undertaking authorised operations, be satisfied that the applicant for the licence has met the prescribed requirements in respect of land comprising the proposed licence area that will enable proposed operations to be undertaken under the proposed licence.

6. (6)

   The following provisions apply in relation to an application for an associated infrastructure licence to the extent that the proposed licence area comprises native title land:

   1. (a)

      —

      1. (i)

         if the proposed licence is to confer a right to enter and use designated land within the licence area for the purposes of undertaking authorised operations; and

      2. (ii)

         to the extent that the designated land is the subject of a native title declaration or is within the area of a claim that is registered in a native title register,

   the Minister must, before granting the licence, be satisfied that a native title agreement is in place that authorises the grant of the licence;

   1. (b)

      the Minister must, before granting the licence, be satisfied of the matters specified in any guidelines issued by the Minister for the purposes of this paragraph.

7. (7)

   An associated infrastructure licence may be granted to a person who does not hold another licence under this Act.

8. (8)

   The prescribed information in relation to an associated infrastructure licence must be entered on the register.

24Term and renewal of licence

1. (1)

   An associated infrastructure licence may be granted for a term determined by the Minister and notified to the licensee.

2. (2)

   The holder of an associated infrastructure licence may, before the date of expiry of the licence (or at a time after the expiry of the licence as allowed by the Minister), apply to the Minister for the renewal of the licence.

3. (3)

   An application for the renewal of an associated infrastructure licence—

   1. (a)

      must be made to the Minister in a manner and form determined by the Minister; and

   2. (b)

      must be accompanied by any other information that the Minister may require.

4. (4)

   The Minister must, before renewing an associated infrastructure licence, be satisfied—

   1. (a)

      that the applicant for the renewal has met the criteria prescribed by the regulations for the purposes of this paragraph; and

   2. (b)

      if the licence does not confer a right to enter and use designated land within any part of the licence area—that the applicant for the renewal has, or will acquire, a right or interest in respect of land comprising that part of the licence area sufficient to undertake authorised operations; and

   3. (c)

      —

      1. (i)

         if the licence confers a right to enter and use designated land within the licence area for the purposes of undertaking authorised operations; and

      2. (ii)

         to the extent that the designated land comprises native title land that is the subject of a native title declaration or is within the area of a claim that is registered in a native title register,

   that a native title agreement is in place that authorises the renewal of the licence.

5. (5)

   If an application for the renewal of an associated infrastructure licence is not decided before the date on which the licence is due to expire, the licence continues in operation until the application is decided and, if the licence is renewed, the renewal dates from the date on which the licence would, but for this subsection, have expired.

6. (6)

   If the Minister decides to grant a renewal, the associated infrastructure licence will be renewed for a term determined by the Minister and specified in the licence.

Subdivision 6Special enterprise licence25Object

The object of this Subdivision is to facilitate the establishment, development or expansion of enterprises comprising 1 or more regulated activities that are of major significance to the economy of the State by allowing greater security and flexibility of tenure and access to land.

26Special enterprise

1. (1)

   For the purposes of this Subdivision, an enterprise comprising 1 or more regulated activities (whether existing or proposed) is a special enterprise if—

   1. (a)

      the Minister and the person who conducts or proposes to establish the enterprise (the proponent) have entered into an agreement for the purposes of the grant of a special enterprise licence; and

   2. (b)

      the Governor has ratified the agreement between the Minister and the proponent.

2. (2)

   An agreement under subsection (1)(a)—

   1. (a)

      must be in a form determined by the Minister after consultation with the proponent; and

   2. (b)

      has effect when ratified by the Governor; and

   3. (c)

      may be varied from time to time by further agreement between the parties after complying with any process or procedure prescribed by the regulations; and

   4. (d)

      must be entered on the register.

3. (3)

   A variation to an agreement under subsection (2)(c) has no force or effect unless or until it is ratified by the Governor and entered on the register (and, to avoid doubt, subsection (4) does not apply to the variation of an agreement).

4. (4)

   The Governor must, before ratifying an agreement under this section, be satisfied, after taking into account the advice of the Minister—

   1. (a)

      that the establishment, development or expansion of the enterprise comprising a regulated activity are of major significance to the economy of the State; and

   2. (b)

      that it is in the interests of the State to grant a special enterprise licence in respect of the enterprise.

5. (5)

   In considering whether to ratify an agreement under this section, the Governor may have regard to any other regulated activities that are, or are likely to be, associated with the enterprise.

6. (6)

   The Minister may, in the Minister's absolute discretion, defer consideration of an application for any other licence under this Act until the process under this Subdivision has been brought to an end.

7. (7)

   This Subdivision has effect subject to any guidelines issued by the Minister for the purposes of this Subdivision.

27Concept phase

1. (1)

   The first step that a proponent who is seeking an agreement with the Minister under this Subdivision must take is to consult with the Minister about the proposal.

2. (2)

   Consultation with the Minister for the purposes of subsection (1) is to be initiated by an application made to the Minister that—

   1. (a)

      must be made to the Minister in a manner and form determined by the Minister; and

   2. (b)

      must incorporate or be accompanied by such information as may be prescribed by the regulations; and

   3. (c)

      must be accompanied by the prescribed fee.

3. (3)

   On receiving an application for consultation under this section, the Minister may, in the Minister's absolute discretion, consult or refuse to consult with the proponent in relation to the application.

4. (4)

   If the Minister decides to consult with the proponent in relation to an application received under this section the Minister may consult with relevant owners of land or any relevant registered native title claimant (and the Minister must, before bringing the consultation envisaged by subsection (1) to an end, have regard to any submissions received as a result of the Minister's consultation).

5. (5)

   The Minister must, before determining to consult with a proponent under subsection (3), be satisfied that the proponent has taken reasonable steps to obtain any permissions, authorisations, consents or other approvals from an owner of land or any registered native title claimant (including the grant of a right or interest in land sufficient to carry out the enterprise) as would be required for a grant of another licence or a permit under this Act in respect of the enterprise.

6. (6)

   The Minister may require the proponent—

   1. (a)

      to provide the Minister with additional information specified by the Minister (and that information must be provided within the period specified by the Minister); and

   2. (b)

      to undertake consultation—

      1. (i)

         required by any guidelines issued by the Minister for the purposes of this Subdivision; or

      2. (ii)

         specified by the Minister,

   (and that consultation must be undertaken within a period specified by the Minister); and

   1. (c)

      to take any other action specified by the Minister.

7. (7)

   The Minister may—

   1. (a)

      bring the consultation envisaged by subsection (1) to an end at any time as the Minister thinks fit; and

   2. (b)

      at the end of the consultation, advise the proponent—

      1. (i)

         that the matter may proceed to an application to the Minister for a special enterprise licence; or

      2. (ii)

         that the matter is not, in the opinion of the Minister, suitable for further consideration under this Subdivision.

8. (8)

   If subsection (7)(b)(i) applies, the proponent is entitled to proceed to make an agreement with the Minister (but otherwise the matter may not proceed further under this Subdivision).

28Special enterprise licence

1. (1)

   A special enterprise licence, subject to the agreement entered into under section 26(1)(a)—

   1. (a)

      authorises the licensee to undertake regulated activities of a kind specified in the licence; and

   2. (b)

      confers a right to enter and use land in the licence area for the purposes of undertaking authorised operations.

2. (2)

   The Minister must, in considering an application for a special enterprise licence—

   1. (a)

      consult with the owners of land or any registered native title claimant in the proposed licence area in relation to the application; and

   2. (b)

      have regard to the matters specified in the relevant provisions of any guidelines issued by the Minister for the purposes of this Subdivision.

3. (3)

   The Minister must not grant a licence under another provision of this Act to any other person in respect of land to which an application for a special enterprise licence relates until 28 days after the application is refused or withdrawn.

4. (4)

   An application for a special enterprise licence may be made in relation to a regulated activity that is subject to an existing licence (and, if the special enterprise licence is granted, the area of the existing licence will (unless the Minister determines otherwise in a particular case), on granting the licence, be subsumed into the special enterprise licence in accordance with section 30).

5. (5)

   Except as provided for in this Subdivision, and despite any other provision of this Act or any other Act or law, the Minister is not required to consult with, or obtain the agreement of, any other Minister, or require any other permission or authorisation under any other provision of this Act or any other Act or law, before granting a special enterprise licence.

6. (6)

   The Minister must give notice of the approval of an application under this section in accordance with any prescribed requirements.

7. (7)

   A special enterprise licence will be granted for a term determined by the Minister.

8. (8)

   The Minister may—

   1. (a)

      extend the term of a special enterprise licence from time to time; or

   2. (b)

      cancel a special enterprise licence if the Minister considers that the licence is no longer being used for the purposes for which the licence was granted.

29Power to exempt from or modify Act

1. (1)

   Subject to this section, the Minister may, in accordance with the terms of an agreement under this Subdivision (as ratified by the Governor)—

   1. (a)

      exempt a special enterprise licence from compliance with a provision of this Act; or

   2. (b)

      modify the application of a requirement of this Act in relation to the enterprise.

2. (2)

   An exemption or modification cannot be granted or made under this section in respect of the application of the following provisions of this Act:

   1. (a)

      Part 4 Division 4;

   2. (b)

      section 79;

   3. (c)

      any other provision prescribed by the regulations.

3. (3)

   An exemption or modification may be subject to conditions stipulated in the agreement.

4. (4)

   The Minister may vary or revoke an exemption or modification in accordance with, and subject to the terms of, the agreement.

5. (5)

   The Minister must cause notice of an exemption or modification, and of any subsequent variation or revocation of it, to be published in the Gazette.

6. (6)

   A person who contravenes a condition of an exemption or modification under this section is guilty of an offence.

Maximum penalty: $250 000.

30Existing licences

1. (1)

   If any land comprising the licence area of a special enterprise licence was, immediately before the granting of the licence, comprised in the licence area of another licence held under this Act in respect of the same regulated activity (the original licence)—

   1. (a)

      unless the Minister determines otherwise in a particular case—the original licence is, by force of this subsection, subsumed into the special enterprise licence; and

   2. (b)

      subject to a determination of the Minister—

      1. (i)

         an interest (whether legal or equitable) in, or affecting, the original licence (being an interest in force immediately before the granting of the special enterprise licence) continues to have the same effect in respect of the original licence area as it had before the special enterprise licence was granted; and

      2. (ii)

         a liability of the holder of the original licence in existence immediately before the granting of the special enterprise licence is not affected by the granting of the special enterprise licence; and

      3. (iii)

         an approval, consent, licence or exemption granted under another Act or law with respect to undertaking operations under the original licence will be taken to have been granted with respect to undertaking the same operations under the special enterprise licence if the extent of the operations, and the area of land over which it is to be undertaken, are not to be substantially increased.

2. (2)

   If—

   1. (a)

      an original licence is to be subsumed into a special enterprise licence under this Subdivision; and

   2. (b)

      the original licence is subject to a condition that has been included to protect the environment,

then the Minister must ensure that a comparable condition is included in the conditions applying to the special enterprise licence.

Division 3Common provisionsSubdivision 1Application for licence31Application for licence

1. (1)

   An application for a licence—

   1. (a)

      must be made in a manner and form determined by the Minister; and

   2. (b)

      must identify the area or areas in respect of which the licence is being sought in a manner determined by the Minister; and

   3. (c)

      must be accompanied by a proposed work program; and

   4. (d)

      must be accompanied by such other information as may be prescribed by the regulations; and

   5. (e)

      must be accompanied by the prescribed fee.

2. (2)

   The Minister may require the applicant to provide the Minister with additional information specified by the Minister (and that information must be provided within the period specified by the Minister).

32Notice of certain applications

1. (1)

   This section applies to the application for a licence (other than a special enterprise licence), or for the renewal of a licence, under this Act.

2. (2)

   The Minister must, as soon as practicable after receiving an application to which this section applies, in such manner as the Minister thinks fit, give notice of the application—

   1. (a)

      to an owner of land in respect of land comprised in a proposed licence area; and

   2. (b)

      if the proposed licence area is within the area of a council—to the council.

3. (3)

   In addition, before the Minister makes a decision on an application to which this section applies, including as to the conditions (if any) that will apply or attach to the relevant licence, the Minister must publish, in such manner as the Minister thinks fit, a notice—

   1. (a)

      describing the area to which the application relates; and

   2. (b)

      specifying a place where the application may be inspected.

4. (4)

   As soon as practicable after determining whether or not to grant or refuse an application to which this section applies, the Minister must cause notice of the determination to be published in accordance with the regulations.

33Applications relating to native title land

If an application for a licence, or for the renewal of a licence, relates to an area of land comprising native title land, the Minister must, before granting the application, be satisfied that the grant will be valid under the Native Title Act 1993 of the Commonwealth to the extent that it affects native title.

34Applications relating to areas within Murray‑Darling Basin

If an application for a licence, or for the renewal of a licence, relates to an area within the Murray‑Darling Basin, the Minister must, in considering the application, take into account the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act.

35Applications relating to areas within specially protected area

1. (1)

   If an application for a licence, or for the renewal of a licence, relates to an area within or adjacent to a specially protected area, the Minister must, before making a decision on the application, seek the concurrence of the relevant Minister.

2. (2)

   If the Minister seeks the concurrence of a Minister under subsection (1), and the Minister and the relevant Minister cannot agree—

   1. (a)

      on the decision to be made on the application; or

   2. (b)

      on any conditions that should be applied if the application is approved,

the Ministers must take steps to refer the matter to the Governor and the Governor will determine the matter (and any decision made by the Governor will be taken to be a decision of the Minister under this Act).

Subdivision 2Grant of licence36Grant or refusal of licence application

1. (1)

   The Minister may, at any time and without consulting the applicant or taking any other step, refuse an application for a licence at any stage of its consideration under this Act if—

   1. (a)

      the applicant fails to comply with a requirement under this Act that is relevant to the making or consideration of the application; or

   2. (b)

      the Minister considers—

      1. (i)

         that the applicant has not proceeded with reasonable diligence to obtain any other permission, authorisation, consent or other form of approval under another Act or law that is relevant in the circumstances; or

      2. (ii)

         that there are other sufficient grounds for not assessing the application further after taking into account the public interest and such other matters as the Minister thinks fit.

2. (2)

   The Minister must give written notice to the applicant of the grant or the refusal (either in whole or in part) to grant the licence.

3. (3)

   If the Minister refuses (either in whole or in part) to grant an application for a licence, the Minister must provide reasons for the decision.

4. (4)

   If the Minister grants an application for a licence, the prescribed information in relation to the licence must be entered on the register.

Subdivision 3Compatible licences37Compatible licences

1. (1)

   For the purposes of this section, a renewable energy licence (licence 1) will be taken to be overlapping another renewable energy licence (licence 2) if—

   1. (a)

      licence 1 authorises operations in relation to a renewable energy resource other than that authorised under licence 2; and

   2. (b)

      the licence areas of licence 1 and licence 2 wholly or partially overlap.

2. (2)

   The Minister must not grant 2 or more overlapping renewable energy licences unless the Minister determines that the overlapping licences are compatible.

3. (3)

   The regulations may provide for the matters in relation to which the Minister must be satisfied before determining whether or not overlapping licences are compatible.

Subdivision 4Conditions of licence38Conditions of licence

1. (1)

   Subject to this Act, the conditions on which a licence is granted or renewed will be determined by the Minister and notified to the licensee.

2. (2)

   A licence must include conditions ensuring that a proper process is put in place, during the term of the licence, for the eventual decommissioning of the infrastructure operated under the licence and rehabilitation of land within the licence area.

3. (3)

   A licence to which section 45 applies must include a condition requiring the payment of rent to the Minister in accordance with that section.

4. (4)

   A renewable energy infrastructure licence must contain a condition that, subject to the provisions of any access agreement in relation to the licence, the licensee provide an owner of land within the licence area with information on an ongoing basis regarding—

   1. (a)

      the proposed location and area of access roads and infrastructure associated with the renewable energy infrastructure operated under the licence; and

   2. (b)

      planned authorised operations to be undertaken in the licence area (including construction of the infrastructure to be operated under the licence).

5. (5)

   The conditions of a licence may be imposed, varied or revoked at any time—

   1. (a)

      on written request of the licensee; or

   2. (b)

      on the Minister's own initiative.

6. (6)

   Before acting under subsection (5)(b), the Minister must take reasonable steps to consult with the holder of the relevant licence.

Subdivision 5Work program39Work program

1. (1)

   The Minister must, before granting a licence, approve a work program in respect of authorised operations to be undertaken under the proposed licence.

2. (2)

   The Minister may approve a proposed work program with or without addition or variation.

3. (3)

   The Minister may approve deferment, variation or reduction of the work to be carried out under an approved work program.

4. (4)

   However, Ministerial approval is not required for the acceleration of the work to be carried out under an approved work program.

5. (5)

   It is a condition of a licence that the licensee must conduct authorised operations under the licence in accordance with an approved work program.

Subdivision 6Access agreement40Application of Subdivision

This Subdivision applies to—

1. (a)

   a renewable energy licence to the extent that the licence area comprises designated land; and

2. (b)

   an associated infrastructure licence that confers a right to enter and use designated land for the purposes of authorised operations in respect of land within the licence area.

41Access agreement

1. (1)

   It is a condition of a licence to which this Subdivision applies that the relevant licensee must, before undertaking authorised operations under the licence, enter into an agreement (an access agreement) with—

   1. (a)

      if the licence area comprises pastoral land—the holder of a pastoral lease in respect of the licence area; and

   2. (b)

      a prescribed owner of land (if any),

(the parties to the access agreement).

1. (2)

   An access agreement must address the following matters in relation to operations to be undertaken under a licence to which this section applies:

   1. (a)

      access to the licence area, or infrastructure in or in the vicinity of, the licence area, by the parties to the access agreement while authorised operations are being undertaken;

   2. (b)

      the manner and form in which notice of commencement of authorised operations will be given by the licensee to the other parties to the agreement;

   3. (c)

      compensation that is or may be payable by a licensee under section 79.

2. (3)

   An access agreement in respect of an area of land that comprises pastoral land may not provide for access to infrastructure associated with the licence if access to the infrastructure is not required for pastoral purposes within the meaning of the Pastoral Land Management and Conservation Act 1989.

3. (4)

   An access agreement may, at any time, on the initiation of a party to the access agreement, be varied with the agreement of all parties to the access agreement.

4. (5)

   An access agreement binds successors in title to the parties to the access agreement and all subsequent holders of a licence to which the access agreement relates.

42Negotiating access agreement

1. (1)

   A licensee must initiate negotiating an access agreement by giving written notice (the initiation notice) to the other parties to the access agreement.

2. (2)

   The parties to a proposed access agreement must negotiate in good faith with a view to agreeing the provisions in the access agreement.

3. (3)

   If agreement between the negotiating parties is not reached within the prescribed period, the Minister may mediate between them to assist in obtaining their agreement.

4. (4)

   If—

   1. (a)

      the Minister decides against mediating between the negotiating parties; or

   2. (b)

      an attempt at mediation is made but agreement is not obtained within the period prescribed by the regulations for the purposes of this paragraph,

a party to the negotiations may apply to the ERD Court for a determination.

1. (5)

   The ERD Court may refuse to determine an application under subsection (4) unless the licensee satisfies the Court that the licensee has made a reasonable attempt to reach agreement with the other parties to the proposed access agreement.

2. (6)

   On application under this section, the ERD Court may—

   1. (a)

      make a determination in relation to any matter to be addressed in the proposed access agreement (and a determination of the Court is to be taken to be an access agreement entered into between the parties for the purposes of this Subdivision); and

   2. (b)

      make a determination in relation to any variation of a provision of an access agreement (and a determination of the Court is to be taken to be a provision of an access agreement); and

   3. (c)

      if the Court is of the view that undertaking authorised operations on the licence area would be likely to result in substantial hardship to an owner of land who is a party to the negotiations or substantial damage to the land—determine the conditions on which authorised operations may be undertaken with least detriment to the interests of the owner or least damage to the land (as the case may be); and

   4. (d)

      make other orders that the ERD Court considers to be appropriate in the circumstances.

3. (7)

   If an issue is decided by determination of the ERD Court under this section, the parties to the proceedings in which the determination was made cannot make an agreement that is inconsistent with the terms of the determination unless the ERD Court authorises the agreement.

4. (8)

   A party to an access agreement who believes that the other party (the respondent) has contravened a provision of the agreement may apply to the ERD Court and the ERD Court may, if satisfied that the respondent is in default, make 1 or more of the following orders:

   1. (a)

      an order that the respondent take specified action to comply with the agreement or to rectify a situation caused by the respondent;

   2. (b)

      an order that the respondent pay compensation for loss or damage caused by a contravention of the agreement;

   3. (c)

      any other order that the ERD Court considers to be appropriate in the circumstances.

5. (9)

   A licensee must, within 14 days of proceedings being initiated in the ERD Court by a party to an access agreement under subsection (3) or (8), notify the Minister of that fact.

Administrative penalty.

1. (10)

   In this section—

prescribed period means—

1. (a)

   in the case of an access agreement being negotiated in respect of a renewable energy feasibility licence or a renewable energy research licence—42 days after the initiation notice is given by the licensee; or

2. (b)

   in any other case—6 months after the day on which the initiation notice is given by the licensee.

Subdivision 7Bond and security43Bond and security

1. (1)

   The Minister may, by written notice to an applicant for a licence or a licensee, require them to enter into a bond in such sum and subject to such conditions as ensure, in the opinion of the Minister, that—

   1. (a)

      any civil or statutory liability likely to be incurred by that person in the course of undertaking authorised operations; and

   2. (b)

      the present and future obligations of that person in relation to the rehabilitation of an area disturbed by undertaking authorised operations,

will be satisfied.

1. (2)

   The Minister may require such security for the satisfaction of the bond as the Minister thinks fit.

2. (3)

   If an applicant for a licence fails to comply with a requirement under this section, the Minister may refuse the application.

3. (4)

   If a licensee fails to comply with a requirement under this section, the Minister may—

   1. (a)

      if the requirement has not been complied with at the expiration of 1 month from the end of the time allowed for compliance—suspend the licence; and

   2. (b)

      if the requirement has not been complied with at the expiration of 3 months from the end of the time allowed for compliance—cancel the licence.

4. (5)

   The liability to pay an amount under this section constitutes a debt due to the Crown.

5. (6)

   If the Minister holds, or is entitled to hold, money under a bond entered into by a licensee, the Minister may, in the Minister's discretion, expend any portion of that money—

   1. (a)

      to compensate any person who has suffered, or is likely to suffer, financial loss as a result of operations undertaken by the licensee or in rehabilitating any area disturbed by such operations; or

   2. (b)

      to satisfy any liability to pay an amount that is due to the Crown under this Act; or

   3. (c)

      to satisfy a matter specified in subsection (1)(a) or (b).

6. (7)

   The Minister may, on application under this subsection, in the Minister's absolute discretion, agree to the assignment of a liability or obligation under this section to a third party on terms or conditions determined by the Minister.

7. (8)

   No action lies against the Minister in respect of the expenditure of money under this section.

1. (16)

   An amount recovered as a civil penalty under this section will be paid into the Fund.

102Additional orders on conviction

1. (1)

   If a person is convicted of an offence against this Act, the court by which the conviction is recorded may, in addition to any penalty that it may impose, and to any other order that may be made under this or any other Act, make 1 or more of the following orders:

   1. (a)

      an order requiring the person to take any specified action (including an order to rectify the consequences of any contravention of this Act, or to ensure that a further contravention does not occur);

   2. (b)

      without limiting paragraph (a)—an order requiring the person to make good any environmental damage and, if appropriate, to take specified action to prevent or mitigate further harm to the environment;

   3. (c)

      an order requiring the person to publicise the contravention of this Act and any environmental or other consequences, and the other orders (if any) made against the person;

   4. (d)

      an order requiring the person to pay into the Fund an amount determined by the court to be equal to a fair assessment or estimate of the financial benefit that the person, or a related body corporate, has gained, or can reasonably be expected to gain, as a result of the contravention of this Act;

   5. (e)

      an order requiring the person to pay to any person who has suffered loss or damage to property as a result of the acts or omissions constituting the offence, or incurred costs or expenses in taking action to prevent or mitigate such loss or damage, compensation for that loss or damage and reasonable reimbursement for those costs or expenses.

2. (2)

   For the purposes of subsection (1)(d), a financial benefit obtained by delaying or avoiding costs will be taken to be a financial benefit gained as a result of a contravention of this Act if the contravention can be attributed (in whole or in part) to that delay or avoidance.

3. (3)

   The court may, by an order under this section, fix a period for compliance and impose other requirements the court considers necessary or expedient for the enforcement of the order.

103Continuing offences

1. (1)

   A person convicted of an offence against a provision of this Act in respect of a continuing act or omission—

   1. (a)

      is liable, subject to any determination of a court, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continued of not more than one-tenth of the maximum penalty prescribed for that offence; and

   2. (b)

      is, if the act or omission continues after the conviction, subject to any determination of a court, guilty of a further offence against the provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continued after the conviction of not more than one-tenth of the maximum penalty prescribed for the offence.

2. (2)

   If an offence consists of an omission to do something that is required to be done, the omission will be taken to continue for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement.

104Offences by bodies corporate

If a body corporate is guilty of an offence against this Act, each director of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence if the prosecution proves that—

1. (a)

   the director knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and

2. (b)

   the director was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and

3. (c)

   the director failed to exercise due diligence to prevent the commission of the offence.

105Time limits

1. (1)

   Criminal proceedings under this Act may be commenced at any time within 3 years after the date of the alleged offence or, with the authorisation of the Attorney‑General, at any later time within 10 years after the alleged offence.

2. (2)

   An apparently genuine document purporting to be signed by the Attorney‑General authorising the commencement of criminal proceedings under this Act will be accepted in any legal proceedings, in the absence of proof to the contrary, as proof of the authorisation.

106Evidentiary provisions

1. (1)

   In proceedings for an offence against this Act, an apparently genuine document purporting to be a certificate signed by the Minister certifying—

   1. (a)

      that a person named in the certificate was or was not at a specified time a licensee; or

   2. (b)

      that a specified provision was a term or condition of a specified licence at a specified time; or

   3. (c)

      that a specified provision was a requirement or condition of an operational management plan; or

   4. (d)

      that a specified determination, direction, decision, order or requirement was made or given on a specified day; or

   5. (e)

      that at a specified time the Minister gave notice of any specified matter under or in connection with the operation of this Act; or

   6. (f)

      that at a specified time the Minister had not received a notice, instrument or other document, or had not received any information of a specified kind; or

   7. (g)

      that at a specified time a specified person was an authorised officer under this Act; or

   8. (h)

      that a particular delegation was in force under this Act at a specified time,

is, in the absence of proof to the contrary, proof of the matter so certified.

1. (2)

   In any proceedings for an offence against this Act, a document purporting to be a licence under this Act will be accepted as such in the absence of evidence to the contrary.

2. (3)

   If in any proceedings for an offence against this Act in relation to any operations it is proved that there has been a contravention of—

   1. (a)

      a term or condition of a licence; or

   2. (b)

      a requirement or condition of an operational management plan applying in respect of a licence,

it must be presumed, in the absence of evidence to the contrary, that the contravention occurred as a result of an act of the relevant licensee.

1. (4)

   In any proceedings for an offence against this Act, if it appears that an alleged fact has been determined by the use of an electronic, sonic, optical, mechanical, measuring or other device or technique by an authorised officer or a person assisting an authorised officer, the alleged fact must be accepted as proved in the absence of evidence to the contrary.

Part 9Appeals to ERD Court107Appeals to ERD Court

1. (1)

   This section applies to the following decisions:

   1. (a)

      a decision to refuse an application for a renewable energy feasibility permit;

   2. (b)

      a decision to refuse an application for a licence (other than a special enterprise licence);

   3. (c)

      a decision to refuse an application for the renewal of a licence;

   4. (d)

      a decision to impose, vary or revoke a condition of licence;

   5. (e)

      a decision to refuse an application to approve an increase or decrease in the licence area of a licence under section 49;

   6. (f)

      a decision to refuse an application, or revoke an approval, for a change in control in the holder of a licence under section 52;

   7. (g)

      a decision to suspend or cancel a licence;

   8. (h)

      a decision in relation to an application for approval of a statement of environmental objectives;

   9. (i)

      a decision in relation to the review of a statement of environmental objectives;

   10. (j)

       a decision in relation to an application for approval of an operational management plan;

   11. (k)

       a decision in relation to the review of an operational management plan.

2. (2)

   Subject to subsection (3), an applicant or a licensee in respect of whom a decision to which this section applies is made may appeal against the decision to the ERD Court.

3. (3)

   An appeal must be made in a manner and form determined by the ERD Court, setting out the grounds of the appeal.

4. (4)

   Subject to this section, an appeal under this section must be instituted within 21 days after notice of the relevant decision is given to the appellant.

5. (5)

   If the reasons of the Minister are not given to the appellant in writing at the time of making the decision and the appellant (within the period specified in subsection (4) as the time within which an appeal may be instituted) requires the Minister to state the reasons in writing—

   1. (a)

      the Minister must, within 30 days after being required to do so by the appellant, state in writing the reasons for the decision; and

   2. (b)

      the time for instituting an appeal runs from the time at which the appellant receives the written statement of those reasons.

6. (6)

   The ERD Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that an appeal be made within the period fixed by this section.

7. (7)

   Unless otherwise determined by the ERD Court, an appeal must be referred in the first instance to a conference under section 16 of the Environment, Resources and Development Court Act 1993 (and the provisions of that Act will then apply in relation to that appeal).

8. (8)

   Subject to subsection (9), the institution of an appeal does not affect the operation of the decision to which the appeal relates.

9. (9)

   The ERD Court may, on application by a party to an appeal, make an order staying or otherwise affecting the operation or implementation of the whole or a part of a decision if the Court is satisfied that it is appropriate to do so.

10. (10)

    An order under subsection (9)—

    1. (a)

       may be varied or revoked by the ERD Court by further order; and

    2. (b)

       is subject to such conditions as are specified in the order; and

    3. (c)

       has effect until—

       1. (i)

          the end of the period of operation (if any) specified in the order; or

       2. (ii)

          the decision of the ERD Court on the appeal comes into operation,

    whichever is the earlier.

11. (11)

    The ERD Court must not make an order under subsection (9) unless each party to the appeal has been given a reasonable opportunity to make submissions in relation to the matter.

12. (12)

    The ERD Court may, on hearing an appeal under this section, do 1 or more of the following:

    1. (a)

       confirm, vary or revoke the decision or order appealed against;

    2. (b)

       order or direct a person or body to take such action as the Court thinks fit, or to refrain (either temporarily or permanently) from such action or activity as the Court thinks fit;

    3. (c)

       make any consequential or ancillary order or direction, or impose any condition, that it considers necessary or expedient.

13. (13)

    An order for costs cannot be made against an appellant unless the ERD Court is satisfied that the appellant's conduct in relation to the proceedings was frivolous, vexatious or calculated to cause delay.

Part 10Hydrogen and renewable energy register108Hydrogen and renewable energy register

1. (1)

   The Minister must establish and maintain a hydrogen and renewable energy register (the register).

2. (2)

   The register must contain the following:

   1. (a)

      in relation to a licence granted under this Act—

      1. (i)

         the prescribed particulars in relation to the licensee; and

      2. (ii)

         the dates on which the licence was granted and will expire;

   2. (b)

      the environmental impact report and statement of environmental objectives applying in relation to a licence;

   3. (c)

      information required to be entered on the register under this Act;

   4. (d)

      any other information prescribed by the regulations.

3. (3)

   The Minister may amend the register in order to ensure that the information on the register is current and accurate.

4. (4)

   The Minister—

   1. (a)

      must make the register publicly available—

      1. (i)

         on a website maintained by the Minister; and

      2. (ii)

         in any other manner the Minister thinks fit; and

   2. (b)

      must ensure that copies of information on the register can be made available to a person on payment of the prescribed fee.

5. (5)

   In this section—

prescribed particulars, in relation to a person, means—

1. (a)

   any address for service or other email address, telephone number or street or postal address provided by the person for purposes connected with a licence; and

2. (b)

   any other particulars of a kind prescribed by the regulations.

Part 11Miscellaneous109Delegation

1. (1)

   The Minister may delegate powers or functions under this Act to any person.

2. (2)

   A delegation under this section may, if the instrument of delegation so provides, be further delegated.

110Confidentiality

1. (1)

   A person engaged, or formerly engaged, in the administration of this Act must not divulge or communicate any information relating to trade processes or financial information obtained (whether by that person or otherwise) in the course of official duties except—

   1. (a)

      as required or authorised by or under this Act or any other Act or law; or

   2. (b)

      with the consent of the person to whom the information relates; or

   3. (c)

      in connection with the administration of this Act; or

   4. (d)

      to an agency or instrumentality of this State, the Commonwealth or another State or Territory of the Commonwealth for the purpose of the performance of its functions.

Maximum penalty: $10 000.

1. (2)

   Subsection (1) does not prevent disclosure of statistical or other data that could not reasonably be expected to lead to the identification of any person to whom it relates.

2. (3)

   If the Minister publishes information in accordance with this Act, the Minister may exclude from publication information that the Minister considers to be—

   1. (a)

      personal information of a confidential nature; or

   2. (b)

      information the publication of which—

      1. (i)

         would otherwise be contrary to the public interest; or

      2. (ii)

         would be inappropriate for such other reason as the Minister thinks fit.

111Exemptions

1. (1)

   If the Minister is satisfied that circumstances exist that justify so doing, the Minister may, by notice in the Gazette—

   1. (a)

      exempt a licensee from complying with a term or condition of their licence; or

   2. (b)

      exempt a person from the operation of this Act or a specified provision of this Act; or

   3. (c)

      exempt an activity or a class of activity from requiring authorisation under this Act.

2. (2)

   The Minister must, before issuing an exemption under this section, have regard to the criteria prescribed by the regulations for the purposes of this section.

3. (3)

   An exemption under this section—

   1. (a)

      may be granted absolutely or on conditions; and

   2. (b)

      be of general or limited application; and

   3. (c)

      make different provision according to the matters or circumstances to which the exemption is expressed to apply; and

   4. (d)

      remains in force for a period determined by the Minister and specified in the written notice.

112Charge on property if debt due to Crown

1. (1)

   This section applies to property (other than real property) if the owner of the property is liable to pay a debt due to the Crown under this Act.

2. (2)

   A charge on the property to secure payment of the debt to the Crown is created by force of this section.

3. (3)

   A charge created on property under subsection (2)—

   1. (a)

      has priority over any other interest in the property (including a security interest within the meaning of the Personal Property Securities Act 2009 of the Commonwealth); and

   2. (b)

      has priority over all other encumbrances; and

   3. (c)

      is not affected by a change in ownership of the property.

4. (4)

   Section 73(2) of the Personal Property Securities Act 2009 of the Commonwealth applies to the charge.

5. (5)

   The charge remains in force until the debt is paid in full or otherwise discharged.

113Avoidance of duplication of certain procedures required under Commonwealth law

1. (1)

   The purpose of this section is to avoid unnecessary duplication of procedures and compliance requirements under a relevant Act and this Act where an activity requires authorisation under this Act and approval or assessment under a relevant Act.

2. (2)

   Despite any other provision of this Act, the Minister may—

   1. (a)

      accept a document created pursuant to a relevant Act as an application, notice or other document for the purposes of this Act if (subject to subsection (5)) the document complies with the requirements of this Act; and

   2. (b)

      direct that a procedure taken under a relevant Act in relation to a document created pursuant to a relevant Act that has been accepted by the Minister under paragraph (a) will be taken to have fulfilled the requirement for a procedure in relation to the relevant document under this Act if the requirements of this Act in relation to the procedure have been complied with; and

   3. (c)

      instead of the Minister, or some other person, preparing a plan, report, statement, assessment or other document under this Act, adopt or accept the whole or part of a document (whether a plan, report, statement, assessment or other document of the same kind or not) used, or to be used, for the purposes of the relevant Act as the document required under this Act if (subject to subsection (5)) the document has been prepared in compliance with this Act and complies with the requirements of this Act.

3. (3)

   To avoid doubt, if a controlled action under the Commonwealth Act is an activity or part of an activity, or includes an activity, for which a licence is required under this Act, the Minister, when considering—

   1. (a)

      an application for a licence for the activity; or

   2. (b)

      whether to approve a statement (or revised statement) of environmental objectives,

may use information and other material provided to the Commonwealth Minister under the Commonwealth Act for the purpose of deciding whether to give their approval to the controlled action under that Act.

1. (4)

   If a controlled action under the Commonwealth Act (within the meaning of that Act) is an activity or part of an activity, or includes an activity, for which a licence is required under this Act, the Minister—

   1. (a)

      must, if the Commonwealth Minister has given their approval to the controlled action, consider whether—

      1. (i)

         the discretionary conditions (if any) to be attached to the licence; or

      2. (ii)

         the conditions or requirements of the statement or revised statement of environmental objectives approved by the Minister in relation to the activity authorised by the licence,

   should be consistent with the conditions (if any) attached to the Commonwealth Minister's approval under the Commonwealth Act; and

   1. (b)

      may determine that—

      1. (i)

         the licence will be subject to a condition; or

      2. (ii)

         a statement or revised statement of environmental objectives approved by the Minister in relation to the activity authorised by the licence should include a condition or requirement,

   requiring compliance with all or some of the conditions attached to the Commonwealth Minister's approval under the Commonwealth Act.

2. (5)

   A document accepted or adopted under subsection (2)—

   1. (a)

      may be in a form that does not comply with the requirements of this Act; and

   2. (b)

      may include information or other material that is irrelevant for the purposes of this Act.

3. (6)

   Once a document is accepted or adopted under subsection (2) or a direction has been given in relation to a procedure under subsection (2)(b), the document or procedure will not be invalid or ineffective for the purposes of this Act because a court, tribunal or other authority has decided that it is invalid or ineffective for the purposes of the relevant Act.

4. (7)

   In this section—

Commonwealth Act means the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth;

licence includes a renewable energy feasibility permit;

relevant Act means—

1. (a)

   the Commonwealth Act; or

2. (b)

   the Petroleum and Geothermal Energy Act 2000; or

3. (c)

   the Planning, Development and Infrastructure Act 2016; or

4. (d)

   the Work Health and Safety Act 2012; or

5. (e)

   any other Act prescribed by the regulations for the purposes of this definition.

114Administrative penalties

1. (1)

   This section applies to any provision of this Act at the foot of which the words "Administrative penalty" appear.

2. (2)

   If a person who is a holder or former holder of a licence is alleged to have contravened a provision to which this section applies, the Minister may, by written notice to the person, impose an administrative penalty on the person (and the Minister may act under this subsection without prior consultation with the person and without the need to give a warning or any prior notice in relation to the matter).

3. (3)

   The amount of an administrative penalty is an amount (not exceeding $15 000) prescribed by regulation in relation to the relevant provision.

4. (4)

   An administrative penalty may be recovered as a debt due to the Crown.

5. (5)

   An amount recovered as an administrative penalty under this section will be paid into the Fund.

1. (6)

   If an administrative penalty has been imposed in relation to a particular act or default, the same act or default cannot be made the subject of proceedings for an offence against this Act and if proceedings for an offence against this Act have been brought in relation to a particular act or default, an administrative penalty cannot be imposed for the same act or default.

115Regulations and fee notices

1. (1)

   The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.

2. (2)

   Without limiting subsection (1), the regulations may—

   1. (a)

      exempt a person, or a class of persons, or an activity or a class of activity, from the operation of this Act or a specified provision of this Act; and

   2. (b)

      set out a process to be undertaken by the Minister before granting an exemption of a kind described in paragraph (a); and

   3. (c)

      provide that a provision of this Act applying to licences or licensees applies to a permit or the holder of a permit; and

   4. (d)

      prescribe a penalty, not exceeding $20 000, for contravention of a regulation; and

   5. (e)

      prescribe an expiation fee, not exceeding $7 500, in respect of any offence against this Act or the regulations; and

   6. (f)

      be of general or limited application; and

   7. (g)

      make different provision according to the matters or circumstances to which they are expressed to apply; and

   8. (h)

      provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or any other specified person or body.

3. (3)

   The Governor may, by regulation—

   1. (a)

      make provisions of a saving or transitional nature consequent on the enactment of this Act, the amendment of this Act by another Act or on the commencement of specified provisions of this Act or on the making of regulations under this Act; or

   2. (b)

      modify the operation of Schedule 1 or any Act or law relating to the matters dealt with in that Schedule.

4. (4)

   A provision of a regulation made under subsection (3) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.

5. (5)

   To the extent to which a provision takes effect under subsection (4) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—

   1. (a)

      decreasing the person's rights; or

   2. (b)

      imposing liabilities on the person.

6. (6)

   The Minister may prescribe fees for the purposes of this Act (including an annual fee payable by a licensee) by fee notice under the Legislation (Fees) Act 2019.

116Review of Act

1. (1)

   The Minister must, on the fifth anniversary of the commencement of this Act and every 5 years after that commencement, cause a review to be undertaken on the operation of this Act.

2. (2)

   The Minister must cause a report on the outcome of the review to be tabled in both Houses of Parliament within 12 sitting days after its completion.

Schedule 1—Related amendments and transitional provisions

Part 1—Amendment of Mining Act 1971

1—Amendment of section 6—Interpretation

Section 6(1), definition of owner of land—after paragraph (d) insert:

or

1. (e)

   a person who holds a licence or permit under the Hydrogen and Renewable Energy Act 2023; or

2—Amendment of section 9—Exempt land

Section 9(1)—after paragraph (c) insert:

1. (ca)

   land that is situated within a distance prescribed by the regulations for the purposes of this paragraph from infrastructure (other than infrastructure of a prescribed kind) that is being constructed, installed, operated, maintained or decommissioned pursuant to the Hydrogen and Renewable Energy Act 2023; or

3—Amendment of section 58A—Notice requirements

Section 58A(9)—delete subsection (9) and substitute:

1. (9)

   If a notice is to be given in respect of land that is held under—

   1. (a)

      a form of title (other than a licence under the Petroleum and Geothermal Energy Act 2000) that confers a right to exclusive possession of the land; or

   2. (b)

      a hydrogen generation licence, a renewable energy infrastructure licence, an associated infrastructure licence or a special enterprise licence under the Hydrogen and Renewable Energy Act 2023 in relation to which an approved statement of environmental objectives within the meaning of that Act is in force; or

   3. (c)

      a pastoral lease,

the following provisions apply:

1. (d)

   the notice must contain a statement of the owner of land's rights of objection and compensation under this Act;

2. (e)

   the owner of land may, within 3 months after service of the notice, lodge a notice of objection with the appropriate court objecting—

   1. (i)

      to entry on the land by the person who served the notice; or

   2. (ii)

      to the use, or the unconditional use, of the land, or a portion of the land, for authorised operations.

Part 2—Amendment of Pastoral Land Management and Conservation Act 1989

4—Amendment of section 3—Interpretation

1. (1)

   Section 3(1)—after the definition of Aboriginal person insert:

   associated infrastructure activity and associated infrastructure licence have the same respective meanings as in the Hydrogen and Renewable Energy Act 2023;

2. (2)

   Section 3(1)—before the definition of ILUA insert:

   hydrogen generation facility and hydrogen generation licence have the same respective meanings as in the Hydrogen and Renewable Energy Act 2023;

3. (3)

   Section 3(1)—after the definition of rehabilitation insert:

   renewable energy infrastructure and renewable energy licence have the same respective meanings as in the Hydrogen and Renewable Energy Act 2023;

4. (4)

   Section 3(1), definition of solar energy facility—delete the definition

5. (5)

   Section 3(1), definitions of wind farm and wind farm licence—delete the definitions

5—Amendment of section 4—Objects

Section 4(f)—delete "wind farms" and substitute:

renewable energy infrastructure and the undertaking of associated infrastructure activities

6—Amendment of section 9—Pastoral Land Management Fund

Section 9(2)(ab)—delete paragraph (ab)

7—Amendment of section 22—Conditions of pastoral leases

1. (1)

   Section 22(1)(a)(v)—after subsubparagraph (D) insert:

   and

   1. (E)

      the Hydrogen and Renewable Energy Act 2023; and

2. (2)

   Section 22(1)(a)(vii)—delete subparagraph (vii)

3. (3)

   Section 22(1)(c)(iii)—delete subparagraph (iii) and substitute:

   1. (iii)

      the right of a Minister to whom the administration of the Hydrogen and Renewable Energy Act 2023 is committed to grant a renewable energy licence or an associated infrastructure licence under that Act.

4. (4)

   Section 22(8)—delete subsection (8)

8—Amendment of section 31—Alteration of boundaries

Section 31(1a)(a) and (b)—delete "solar energy facility" wherever occurring and substitute in each case:

hydrogen generation facility or an associated infrastructure activity

9—Amendment of section 32—Resumption of land

Section 32(3)(a)—delete "solar energy facility" and substitute:

hydrogen generation facility or an associated infrastructure activity

10—Amendment of section 39—Compensation

Section 39—after subsection (2) insert:

1. (3)

   If the resumption of pastoral land is for the purposes of a hydrogen generation facility or an associated infrastructure activity, the Minister may recover the amount of the compensation that the Minister is liable to pay under this section from the holder of, or the applicant for, the relevant hydrogen generation licence or associated infrastructure licence (as the case may be).

11—Repeal of Part 6 Division 4

Part 6 Division 4—delete the Division

Part 3—Amendment of Petroleum and Geothermal Energy Act 2000

12—Amendment of section 4—Interpretation

Section 4(1), definition of owner of land—after paragraph (e) insert:

1. (ea)

   a person who holds a licence under the Hydrogen and Renewable Energy Act 2023;

Part 4—Amendment of Planning, Development and Infrastructure Act 2016

13—Amendment of heading to Part 12

Heading to Part 12—after "Mining" insert:

and renewable energy

14—Amendment of section 160—Mining tenements to be referred in certain cases to Minister

1. (1)

   Section heading—delete "Mining tenements" and substitute:

   Mining and renewable energy matters

2. (2)

   Section 160(1), definition of appropriate authority—delete "the Minister of the Crown for the time being administering the Mining Acts" and substitute:

   —

   1. (a)

      in the case of a matter referred to in paragraph (a) or (b) of the definition of designated matter or operations under a mining production tenement—a Minister to whom the administration of the Mining Acts are committed; or

   2. (b)

      in the case of a matter referred to in paragraph (c) or (d) of the definition of designated matter or operations under a licence under the Hydrogen and Renewable Energy Act 2023—a Minister to whom the administration of the Hydrogen and Renewable Energy Act 2023 is committed;

3. (3)

   Section 160(1), definition of designated mining matter—delete "mining"

4. (4)

   Section 160(1), definition of designated mining matter—after paragraph (b) insert:

   or

   1. (c)

      an application for a licence under the Hydrogen and Renewable Energy Act 2023; or

   2. (d)

      a proposed statement of environmental objectives under the Hydrogen and Renewable Energy Act 2023;

5. (5)

   Section 160(1)—after the definition of designated mining matter insert:

   relevant licence means—

   1. (a)

      a mining production tenement; or

   2. (b)

      a licence under the Hydrogen and Renewable Energy Act 2023.

6. (6)

   Section 160(2)—delete "mining" wherever occurring

7. (7)

   Section 160(3)—after "Mining Acts" insert:

   or the Hydrogen and Renewable Energy Act 2023 (as the case may be)

8. (8)

   Section 160(3)—delete "mining"

9. (9)

   Section 160(4)—delete "in pursuance of a mining production tenement" and substitute:

   under a relevant licence

10. (10)

    Section 160(5)—delete "mining" first occurring

11. (11)

    Section 160(5)—delete "mining production tenement" wherever occurring and substitute in each case:

    relevant licence

12. (12)

    Section 160(7)—delete "mining" wherever occurring

15—Amendment of section 161—Related matters

1. (1)

   Section 161(1)—delete subsection (1) and substitute:

   1. (1)

      This Part does not limit the ability of the Minister to make a declaration under section 108(1)(c) with respect to 1 or more of the following:

      1. (a)

         proposed mining operations on a mining tenement;

      2. (b)

         proposed development associated with operations to be conducted under a relevant licence;

      3. (c)

         regulated activities within the meaning of the Hydrogen and Renewable Energy Act 2023.

2. (2)

   Section 161(2)—after "mining operations" insert:

   or relevant regulated activities (as the case may be)

3. (3)

   Section 161(3)—after "Mining Acts" insert:

   or operations undertaken pursuant to the Hydrogen and Renewable Energy Act 2023 (other than operations undertaken pursuant to Schedule 1 Part 5 of that Act)

4. (4)

   Section 161—after subsection (3) insert:

   1. (3a)

      To avoid doubt, operations undertaken pursuant to the Hydrogen and Renewable Energy Act 2023 do not include operations undertaken pursuant to an exemption from authorisation under that Act.

5. (5)

   Section 161(5)—after "Mining Acts" insert:

   or the Hydrogen and Renewable Energy Act 2023

6. (6)

   Section 161—after subsection (5) insert:

   1. (6)

      In this section—

   relevant licence has the same meaning as in section 160.

Part 5—Transitional provisions

16—Interpretation

1. (1)

   In this Part—

associated infrastructure means—

1. (a)

   a hydrogen power plant; or

2. (b)

   ports, wharves or jetties associated with the import or export of hydrogen or renewable energy; or

3. (c)

   desalination plant used for the primary purpose of supplying water used in generating hydrogen; or

4. (d)

   infrastructure of a kind associated with regulated activities prescribed by the regulations for the purposes of this definition,

but does not include infrastructure of a kind excluded from the ambit of this definition by the regulations;

development authorisation has the same meaning as in the Planning, Development and Infrastructure Act 2016;

existing operator means a person who, immediately before the commencement of this Part, is lawfully operating renewable energy infrastructure, associated infrastructure or a hydrogen generation facility;

new operator means a person who, on the commencement of this Part, holds a development authorisation in respect of the establishment and operation of renewable energy infrastructure, associated infrastructure or a hydrogen generation facility but has not commenced operation of the infrastructure or facility;

prescribed day means the day prescribed by the Minister by notice in the Gazette for the purposes of clause 17(3);

relevant licence means—

1. (a)

   a hydrogen generation licence; or

2. (b)

   a renewable energy infrastructure licence; or

3. (c)

   an associated infrastructure licence;

relevant period means the period beginning on the day on which this Part commences and ending—

1. (a)

   on the expiration of the period of 6 months after the commencement of this Part; or

2. (b)

   if, during the period of 6 months referred to in paragraph (a), the person applies for a relevant licence in accordance with this Part—on the day on which the application for the relevant licence is determined.

1. (2)

   The regulations may specify circumstances in which renewable energy infrastructure, associated infrastructure or a hydrogen generation facility will, or will not, be taken to be in operation for the purposes of this Part.

17—Transitional provisions

1. (1)

   An existing operator does not, during the relevant period, require a licence or permit under this Act to continue operating the renewable energy infrastructure, hydrogen generation facility or associated infrastructure.

2. (2)

   A new operator does not require a licence or permit under this Act to complete the development of the renewable energy infrastructure, hydrogen generation facility or associated infrastructure that is the subject of the development authorisation but must not commence operation of the infrastructure or facility unless they are granted a relevant licence.

3. (3)

   If, on or before the prescribed day, a person has applied for a development authorisation in respect of the establishment and operation of renewable energy infrastructure, a hydrogen generation facility or associated infrastructure but has not, on the commencement of this Part, had the application determined—

   1. (a)

      the application may be determined and dealt with under the law of the State as if this Act had not been enacted; and

   2. (b)

      if the development authorisation is granted, the person is then taken to be a new operator for the purposes of this clause.

4. (4)

   Despite any other provision of this Act, an application for a relevant licence made by an existing operator or a new operator—

   1. (a)

      must be made in a manner and form determined by the Minister; and

   2. (b)

      must be accompanied by an operational management plan; and

   3. (c)

      must be accompanied by such other information as may be prescribed by the regulations; and

   4. (d)

      must be accompanied by the prescribed fee.

5. (5)

   The Minister may require the applicant to provide the Minister with additional information specified by the Minister (and that information must be provided within the period specified by the Minister).

6. (6)

   The Minister must, if satisfied that the operational management plan submitted by a relevant person in an application under subclause (4) complies with the requirements of Part 4 Division 4 Subdivision 4 (other than requirements relating to a statement of environmental objectives), grant to the person a relevant licence, subject to—

   1. (a)

      any conditions deemed to be included in the licence in accordance with subclause (8); and

   2. (b)

      such other conditions as the Minister thinks fit.

7. (7)

   Subclause (6) operates despite any provision of Part 4 that would otherwise require the Minister to be satisfied that the grant of a relevant licence is authorised by a native title agreement or that the licence must not be granted without the agreement or concurrence of any other person.

8. (8)

   The conditions of a relevant licence granted under this clause will be deemed to include the conditions determined by the Minister and specified in the licence as being those applicable to the development authorisation that was granted in respect of the renewable energy infrastructure, hydrogen generation facility or associated infrastructure (and after the grant of the relevant licence such conditions may be enforced under this Act instead of the Planning, Development and Infrastructure Act 2016).

9. (9)

   If the Minister grants an application for a licence under this clause, the prescribed information in relation to the licence must be entered on the register.

10. (10)

    To avoid doubt, a relevant licence granted under this clause does not confer on the licensee a right to enter and use any land.

11. (11)

    A provision of this Act relating to designated land does not apply in relation to land within the licence area of a relevant licence granted under this clause (even if land within the licence area comprises designated land).

12. (12)

    Without limiting any other power to make regulations in this Act, regulations made for the purposes of this clause may provide—

    1. (a)

       that a specified provision of the Act does not apply in relation to the grant or renewal of a relevant licence under this clause; or

    2. (b)

       that a specified provision of the Act may operate in relation to the grant or renewal of a relevant licence under this clause in a modified way; or

    3. (c)

       that a term or condition of a relevant licence granted under this clause may apply for a specified period or for the term of the relevant licence.

13. (13)

    The Minister may, by notice in writing to a relevant person, exempt the person from a specified requirement of this Act.

14. (14)

    An exemption under subclause (13)—

    1. (a)

       may be granted absolutely or on conditions; and

    2. (b)

       remains in force for a period determined by the Minister and specified in the written notice.

Legislative history

Notes

• •

  For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or Act

  Year	No	Title	Assent	Commencement
  2023	37	Hydrogen and Renewable Energy Act 2023	23.11.2023	11.7.2024 (Gazette 11.7.2024 p2114)