Offshore Electricity Infrastructure Regulations 2022 (Cth)

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Offshore Electricity Infrastructure Regulations 2022

made under the

Offshore Electricity Infrastructure Act 2021

Compilation No. 4

Compilation date:14 December 2024

Includes amendments:F2024L01660

About this compilation

This compilation

This is a compilation of the Offshore Electricity Infrastructure Regulations 2022 that shows the text of the law as amended and in force on 14 December 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1Preliminary1Name

This instrument is the Offshore Electricity Infrastructure Regulations 2022.

3Authority

This instrument is made under the Offshore Electricity Infrastructure Act 2021.

4Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(aa) documentary information;

(a) eligible person;

(b) licence;

(c) proposed commercial offshore infrastructure project;

(d) Registrar;

(e) Regulator.

In this instrument:

Act means the Offshore Electricity Infrastructure Act 2021.

activities subject to consultation: see section 63.

commercially confidential information: see section 157.

decision maker: see subsection 43(2).

design notification: see sections 96 and 97.

eligible safety zone infrastructure has the meaning given by subsection 136(1) of the Act.

financial offer group: see subsection 14(2).

general licence application information: see section 151.

initial plan approval application: see section 47.

licence activity, in relation to a licence or a proposed commercial licence, means an offshore infrastructure activity or other activity carried out, or to be carried out, in the licence area under the licence or the proposed commercial licence.

licence application means an application for, or that relates to, a licence.

offshore electricity infrastructure levy has the same meaning as in the Offshore Electricity Infrastructure (Regulatory Levies) Act 2021.

overlap: applications for feasibility licences overlap each other if the licence areas proposed in the applications cover wholly or partly the same area.

overlapping application group: see subsection 11(2).

periodic revision day, for a relevant licence, has the meaning given by subsection 56(2), subject to sections 58 and 59.

plan revision approval application: see section 50.

proposed commercial licence means a commercial licence:

  1. (a)

    that:

    1. (i)

      the holder of a feasibility licence has applied for, where the application has not been granted or refused; or

    2. (ii)

      the holder of a feasibility licence proposes to apply for; and

  2. (b)

    that is proposed to have a licence area that consists of, or is entirely within, the licence area of the feasibility licence.

proposed project, in relation to a licence or an application for a licence, means:

  1. (a)

    in the case of a feasibility licence or an application for a feasibility licence—the proposed commercial offshore infrastructure project for the licence; or

  2. (b)

    in any other case—the offshore infrastructure project proposed to be carried out under the licence.

protection zone application: see section 130.

protection zone determination: see section 126.

relevant licence means a licence or a proposed commercial licence, and:

  1. (a)

    in relation to a management plan—means the licence (including a proposed commercial licence) that the management plan is approved for; and

  2. (b)

    in relation to an initial plan approval application for the Regulator to approve a plan as the management plan for a licence (including a proposed commercial licence)—means that licence; and

  3. (c)

    in relation to a plan revision approval application for the Regulator to approve a revised management plan as the management plan for a licence (including a proposed commercial licence)—means that licence.

relevant structures, equipment and property, in relation to a relevant licence: see subsection 87(1).

Note: The relevant structures, equipment and property in relation to a relevant licence must be listed in the management plan for the licence under section 87. However, a structure, equipment or other property mentioned in subsection 87(1) is a relevant structure, equipment or property whether or not it is listed in the plan.

safety zone application: see section 117.

safety zone determination: see section 113.

Part 2Licensing scheme: licencesDivision 1Operation of this Part5Operation of this Part

For the purposes of section 29 of the Act, this Part prescribes the licensing scheme in relation to:

  1. (a)

    applications for licences; and

  2. (b)

    the offering and granting of licences; and

  3. (c)

    transfers of licences; and

  4. (d)

    changes in control of licence holders; and

  5. (e)

    other matters.

Division 2Licence areas6Operation of this Division

For the purposes of paragraph 29(1)(f) of the Act, this Division prescribes licence areas.

7Licence areas

Feasibility licences

  1. (1)

    The maximum area for a feasibility licence is 700 km2.

    Note: See paragraph 33(4)(c) of the Act.

Commercial licences

  1. (2)

    The maximum area for a commercial licence is 700 km2.

    Note: See paragraph 42(4)(c) of the Act.

Division 3Applications for licencesSubdivision AOperation of this Division8Operation of this Division

For the purposes of paragraph 29(1)(a) of the Act, this Division prescribes matters relating to applications for licences.

Subdivision BApplications for feasibility licences9Invitations to apply for feasibility licences
  1. (1)

    The Minister may invite eligible persons to apply for feasibility licences.

  2. (2)

    The invitation must be:

    1. (a)

      in writing; and

    2. (b)

      registered on the Federal Register of Legislation as a notifiable instrument.

  3. (3)

    The invitation must:

    1. (a)

      identify the declared area for which licences may be granted; and

    2. (b)

      specify the time before which applications must be made; and

    3. (c)

      specify any conditions that the declaration requires licences granted in the declared area to be subject to.

    Note: Licences will also be subject to other conditions: see section 35 of the Act.

  4. (4)

    The invitation may specify additional information or documents that must accompany applications.

10Applications for feasibility licences
  1. (1)

    If the Minister has invited applications for feasibility licences under section 9, an eligible person may apply for a feasibility licence.

  2. (2)

    The application must:

    1. (a)

      be made in the manner and form that is:

      1. (i)

        approved by the Registrar; and

      2. (ii)

        published on the Registrar’s website; and

    2. (b)

      be made before the time specified in the invitation under paragraph 9(3)(b); and

    3. (ba)

      describe the area proposed to be covered by the feasibility licence:

      1. (i)

        by providing, in a manner consistent with Geocentric Datum of Australia 1994 as defined in Gazette No. 35 of 6 September 1995 (GDA94 geocentric data set), a detailed map of the area, specifying the geographical coordinates of the area and including shapefiles; or

      2. (ii)

        by describing the area as otherwise provided by the approved form; and

    4. (c)

      include a description of the proposed commercial offshore infrastructure project to be assessed under the feasibility licence; and

    5. (d)

      be accompanied by any other information or documents required by the approved form; and

    6. (e)

      be accompanied by any other information or documents specified in the invitation under subsection 9(4).

    Note: For application fees, see section 146. An application is taken to have been made only if the fee for dealing with the application has been paid (see section 147).

  3. (3)

    An application under this section is taken to include or be accompanied by a thing mentioned in paragraph (2)(c), (d) or (e) if the thing is given to the Registrar before the end of the 30‑day period that begins on the day after the day on which the time specified in the invitation under paragraph 9(3)(b) falls.

Applications for licences that cover existing licence areas

  1. (4)

    If an application for a feasibility licence covers an area that is, or is part of, the licence area of an existing licence, the Registrar may:

    1. (a)

      notify the holder of the existing licence that the application has been made; and

    2. (b)

      inform the holder of the existing licence of:

      1. (i)

        the name of the applicant; and

      2. (ii)

        the proposed licence area of the feasibility licence (including a description of the location, shape and size of the area); and

      3. (iii)

        the kind of project that the applicant proposes to carry out in the proposed licence area; and

    3. (c)

      invite the holder of the existing licence to make a submission in relation to the potential grant of the feasibility licence.

    Note: The licence area of a feasibility licence must not include any part of the licence area of any other feasibility licence or a commercial licence (see paragraph 33(4)(b) of the Act).

11Applications for feasibility licences that overlap – Minister may determine overlapping application groups
  1. (1)

    This section applies if:

    1. (a)

      the Minister has invited applications for feasibility licences under section 9; and

    2. (b)

      2 or more such applications have been made in response to the invitation.

  2. (2)

    The Minister may determine that a group of 2 or more of the applications forms an overlapping application group if:

    1. (a)

      the Minister considers all of the applications in the group to be of equal merit; and

    2. (b)

      each application in the group overlaps at least one other application in the group; and

    3. (c)

      the licence areas proposed by all of the applications in the group (including parts of those areas that overlap, and parts that do not overlap) together form a continuous area; and

    4. (d)

      the Minister is satisfied that, if not for the overlap or overlaps, a feasibility licence could be offered in response to each of the applications in the group.

    Note 1: For example, if applications A and B overlap each other, and applications B and C overlap each other, applications A, B and C may be in an overlapping application group even if applications A and C do not overlap.

    Note 2: For when applications overlap, see section 4.

  3. (3)

    In considering the merit of an application for the purposes of paragraph (2)(a):

    1. (a)

      the Minister must have regard to:

      1. (i)

        the technical and financial capability that the applicant is likely to have, or to be able to arrange to have, to carry out the proposed commercial offshore infrastructure project; and

      2. (ii)

        the likely viability of the proposed commercial offshore infrastructure project; and

      3. (iii)

        the suitability of the applicant to hold the licence; and

      4. (iv)

        the national interest; and

    2. (b)

      the Minister may have regard to any of the matters set out in section 26; and

    3. (c)

      the Minister may have regard to any other matters the Minister considers relevant.

  4. (4)

    To avoid doubt, the Minister may make more than one determination under subsection (2) in relation to a particular invitation for applications for feasibility licences.

11AOverlapping applications of unequal merit
  1. (1)

    This section applies if:

    1. (a)

      applications for feasibility licences are made in response to an invitation made by the Minister under section 9; and

    2. (b)

      at least one application overlaps at least one other application made in response to that invitation.

  2. (2)

    If an application (the particular application) for a feasibility licence overlaps at least one other application, the Minister must not offer or grant the feasibility licence if:

    1. (a)

      the Minister exercises the Minister’s discretion under subsection 11(2) to determine an overlapping application group in response to the invitation, being an overlapping application group that does not include the particular application; and

    2. (b)

      the only reason the particular application is not included in the overlapping application group is because the Minister considers it to be of lower merit than the other applications in the overlapping application group.

  3. (3)

    If, after considering whether to determine that a group of applications (the initial group) that satisfies paragraphs 11(2)(b), (c) and (d) forms an overlapping application group, the Minister does not make the determination only because one application in the initial group is of higher merit than all of the others, the Minister must not offer or grant a feasibility licence in respect of any of the other applications in the initial group.

  4. (4)

    Nothing in this section prevents the Minister offering or granting a feasibility licence if the application for the feasibility licence is not included in an overlapping application group for a reason other than the reason mentioned in paragraph (2)(b) or subsection (3) of this section.

    Example 1: Applications A, B, C, D and E relate to a declared area. Application A overlaps application B and application B overlaps application C. The applications satisfy paragraphs 11(2)(b) to (d), but application C is of lower merit than applications A and B. The Minister determines an overlapping application group that includes applications A and B, but not application C. The Minister must not offer or grant a feasibility licence in respect of application C.

    Applications D and E overlap, but neither overlaps application A, B or C. Application E is of lower merit than application D. The Minister cannot determine an overlapping application group that includes applications D and E.

    Further, application D cannot be included in the overlapping application group that includes applications A and B, because there is no overlap between applications A, B and D (so paragraphs 11(2)(b) and (c) are not satisfied).

    This section does not prevent the Minister offering or granting a feasibility licence in respect of application D, because paragraph (2)(b) of this section is not satisfied in respect of application D.

    Example 2: Applications F, G, H and I relate to a declared area. Application F overlaps application G. Application G also overlaps application H. Application H also overlaps application I. Application H is of lower merit than applications F, G and I. The Minister determines an overlapping application group that includes applications F and G, but not application H, because it is of lower merit. The Minister must not offer or grant a feasibility licence in respect of application H. Application I does not overlap application F or G, so it cannot be included in the overlapping application group, because paragraphs 11(2)(b) and (c) are not satisfied. This section does not prevent the Minister offering or granting a feasibility licence in respect of application I, because paragraph (2)(b) of this section is not satisfied in respect of application I.

12Registrar may invite applicants in overlapping application group to revise and resubmit applications
  1. (1)

    This section applies if the Minister determines that a group of 2 or more applications for feasibility licences forms an overlapping application group.

  2. (2)

    The Registrar must notify the applicants that the determination has been made, and invite the applicants to revise and resubmit their applications to remove the overlap.

  3. (3)

    The notice and invitation given to an applicant:

    1. (a)

      must be in writing; and

    2. (b)

      must set out, for each other applicant whose application overlaps the applicant’s application:

      1. (i)

        the area or areas of overlap; and

      2. (ii)

        the name of the other applicant; and

      3. (iii)

        the kind of project that the other applicant proposes to carry out; and

    3. (c)

      may include such other information as the Registrar considers reasonable about the applications mentioned in paragraph (b); and

    4. (d)

      may include such information as the Registrar considers reasonable about other applications that cover areas adjacent to, or nearby, the area covered by the applicant’s application; and

    5. (e)

      must specify the day on or before which an application, as revised, must be resubmitted; and

    6. (f)

      must inform the applicant that any revised application must be in accordance with section 13.

  4. (4)

    Subsections 10(2) to (4) apply to an application that is revised and resubmitted in accordance with this section, except that paragraph 10(2)(b) and subsection 10(3) apply as if a reference to the time specified in the invitation under paragraph 9(3)(b) were a reference to the end of the day specified by the Registrar under paragraph (3)(e) of this section.

  5. (5)

    An applicant who revises an application in response to the invitation is not required to pay any additional fee for revising or resubmitting the application.

  6. (6)

    If an applicant revises and resubmits an application in response to the invitation on or before the day specified under paragraph (3)(e), and the revised application is in accordance with section 13, then, after that day:

    1. (a)

      the revised application replaces the original application; and

    2. (b)

      the original application is to be disregarded.

    Note: If the revised application is not in accordance with section 13, the original application remains in effect.

13Requirements for revised applications
  1. (1)

    For the purposes of subsection 12(6), a revised application for a feasibility licence is in accordance with this section if the Registrar is satisfied that:

    1. (a)

      the revised application is, so far as is reasonably possible, substantially similar to the original application; and

    2. (b)

      the revised application does not overlap any other application for a feasibility licence made in response to the same invitation under section 9 (including other applications that are, or are not, in the same overlapping application group).

  2. (2)

    For the purposes of paragraph (1)(a), the Registrar may consider:

    1. (a)

      the location, shape and size of the licence areas proposed by the revised application and the original application; and

    2. (b)

      the details of the proposed commercial offshore infrastructure projects of the revised application and the original application; and

    3. (c)

      anything else the Registrar considers relevant.

  3. (3)

    If, for the purposes of paragraph (1)(b), the Registrar is comparing the licence area of the revised application to the licence area of another application that has also been revised and resubmitted, the Registrar must have regard only to the licence area of the other application as revised (and not to the licence area of the other application as originally made).

14Applications for feasibility licences that overlap after opportunity to revise and resubmit – Minister may determine financial offer groups
  1. (1)

    This section applies if:

    1. (a)

      the Registrar has invited 2 or more applicants from an overlapping application group to revise and resubmit their applications under subsection 12(2) (whether or not any of those applicants have done so); and

    2. (b)

      the day specified in the invitation under paragraph 12(3)(e) has passed.

  2. (2)

    The Minister may determine that a group of 2 or more of the applications forms a financial offer group if:

    1. (a)

      each application in the group overlaps at least one other application in the group; and

    2. (b)

      the licence areas proposed by all of the applications in the group (including parts of those areas that overlap, and parts that do not overlap) together form a continuous area; and

    3. (c)

      the Minister is satisfied that, if not for the overlap or overlaps, a feasibility licence could be offered in response to each of the applications in the group.

  1. Note 1: For example, if applications A and B overlap each other, and applications B and C overlap each other, applications A, B and C may be in a financial offer group even if applications A and C do not overlap.

    Note 2: For when applications overlap, see section 4.

  2. (3)

    If the Registrar has made more than one invitation under subsection 12(2) as a result of a particular invitation by the Minister under section 9, the Minister may make a determination under subsection (2) of this section only after the end of the latest day specified under paragraph 12(3)(e) in any of the invitations under subsection 12(2).

  3. (4)

    To avoid doubt, the Minister may make more than one determination under subsection (2) in relation to a particular invitation under subsection 12(2) for applicants from an overlapping application group to revise and resubmit their applications.

15Financial offers for feasibility licences
  1. (1)

    This section applies if the Minister determines that a group of 2 or more applications for feasibility licences forms a financial offer group.

Financial offers for feasibility licences

  1. (2)

    The Minister may, in writing, invite the applicants to submit financial offers in relation to their applications.

  2. (3)

    The invitation to submit financial offers:

    1. (a)

      must:

      1. (i)

        include information on how the offers are to be made; and

      2. (ii)

        specify the day on or before which the offers must be made; and

      3. (iii)

        require the applicants to substantiate their ability to pay amounts offered; and

      4. (iv)

        set out the effect of section 16; and

    2. (b)

      may specify other requirements to be addressed in the submission of the financial offer.

  3. (4)

    A financial offer in relation to an application for a feasibility licence must:

    1. (a)

      be made in writing to the Registrar; and

    2. (b)

      be made on or before the day specified in the invitation under subparagraph (3)(a)(ii); and

    3. (c)

      address any other requirements specified in the invitation.

16Procedure for dealing with financial offers
  1. (1)

    This section applies if the Minister invites, under subsection 15(2), the applicants whose applications are in a financial offer group to submit financial offers in relation to their applications.

Dealing with financial offers

  1. (2)

    The Minister may only offer to grant a feasibility licence to:

    1. (a)

      the applicant that has submitted the highest financial offer out of the applications in the financial offer group; or

    2. (b)

      if, as a result of the operation of subsection (5), there is only one application in the financial offer group—the applicant for that application.

  2. (3)

    If there is no single highest financial offer because 2 or more applicants (the tied applicants) have submitted equal financial offers, the Minister may do any of the following:

    1. (a)

      if a tied applicant’s application does not overlap any other tied applicant’s application—offer to grant a feasibility licence to that tied applicant;

    2. (b)

      for any tied applicants whose applications overlap each other—invite those tied applicants to submit increased financial offers;

    3. (c)

      if an invitation under paragraph (b) does not result in there being a single highest financial offer because the financial offers of 2 or more of the tied applicants are equal—offer to grant a feasibility licence to any of those tied applicants, as the Minister thinks fit.

  3. (4)

    Subsections 15(3) and (4) apply in relation to an invitation under subsection (3)(b) of this section, and any financial offer submitted in response to such an invitation, as if the invitation were an invitation under subsection 15(2).

  4. (5)

    If:

    1. (a)

      the Minister offers to grant a feasibility licence to an applicant whose application is in the financial offer group; and

    2. (b)

      any of the following occurs:

      1. (i)

        the feasibility licence is granted;

      2. (ii)

        the applicant withdraws the application;

      3. (iii)

        the application lapses;

      4. (iv)

        the feasibility licence is not granted for some other reason (including because the applicant does not pay a financial offer in relation to the application); and

    3. (c)

      after that occurrence, a feasibility licence could be offered in respect of at least one of the other applications in the financial offer group;

this section applies again to the remaining application or applications mentioned in paragraph (c) as if that application, or those applications, comprised a financial offer group.

Note: For example, if applications A, B and C are in a financial offer group, and:

(a) applications A and B overlap each other; and

(b) applications B and C overlap each other; and

(c) applications A and C do not overlap each other; and

(d) the Minister invites each applicant to submit a financial offer; and

(e) applicant A submits the highest offer;

then:

(f) the Minister may only offer to grant a licence to applicant A; and

(g) if applicant A accepts the offer, and the licence is granted—this section applies again, and the Minister may offer to grant a licence to applicant C; and

(h) if applicant A does not accept the offer—this section applies again, and the Minister may offer to grant a licence to whichever of applicant B or C submitted a higher financial offer.

  1. (6)

    If an applicant for a feasibility licence submits a financial offer in relation to the application, the Minister may only grant the licence to the applicant if the amount of the financial offer has been paid to the Commonwealth.

    Note: The financial offer must be paid even if, at the time the licence would be granted, there are no overlapping applications (for example, because all other applicants have withdrawn their applications, or in the case mentioned in paragraph (g) of the note to subsection (5)).

Applicants that do not submit financial offers

  1. (7)

    For the purposes of subsections (2) and (3), treat an applicant that has not submitted a financial offer as having submitted a financial offer of nil. Subsection (6) does not prevent the Minister granting a feasibility licence to such an applicant.

Subdivision CApplications for other licences17Commercial licences
  1. (1)

    An eligible person that holds a feasibility licence may apply for a commercial licence.

  2. (2)

    The application must:

    1. (a)

      be made in the manner and form that is:

      1. (i)

        approved by the Registrar; and

      2. (ii)

        published on the Registrar’s website; and

    2. (b)

      include a description of the offshore infrastructure project to be carried out under the commercial licence; and

    3. (c)

      be accompanied by evidence that the Regulator has approved, under the licensing scheme, a management plan for the commercial licence; and

    4. (d)

      be accompanied by any other information or documents required by the approved form.

    Note: For application fees, see section 146. An application is taken to have been made only if the fee for dealing with the application has been paid (see section 147).

  3. (3)

    An application under this section is taken to include or be accompanied by a thing mentioned in paragraph (2)(b), (c) or (d) if the thing is given to the Registrar before the end of the 30‑day period that begins on the day after the application is made.

Applications for licences that cover existing licence areas

  1. (4)

    If an application for a commercial licence covers an area that is, or is part of, the licence area of an existing licence, the Registrar may:

    1. (a)

      notify the holder of the existing licence that the application has been made; and

    2. (b)

      inform the holder of the existing licence of:

      1. (i)

        the name of the applicant; and

      2. (ii)

        the proposed licence area of the commercial licence (including a description of the location, shape and size of the area); and

      3. (iii)

        the kind of project that the applicant proposes to carry out in the proposed licence area; and

    3. (c)

      invite the holder of the existing licence to make a submission in relation to the potential grant of the commercial licence.

    Note: The licence area of a commercial licence must not include any part of the licence area of any other commercial licence or a feasibility licence (see paragraph 42(4)(b) of the Act).

18Research and demonstration licences – application
  1. (1)

    An eligible person may apply for a research and demonstration licence.

  2. (2)

    The application must:

    1. (a)

      be made in the manner and form that is:

      1. (i)

        approved by the Registrar; and

      2. (ii)

        published on the Registrar’s website; and

    2. (b)

      include a description of the offshore infrastructure project to be carried out under the research and demonstration licence; and

    3. (c)

      be accompanied by any other information or documents required by the approved form.

    Note: For application fees, see section 146. An application is taken to have been made only if the fee for dealing with the application has been paid (see section 147).

  3. (3)

    An application under this section is taken to include or be accompanied by a thing mentioned in paragraph (2)(b) or (c) if the thing is given to the Registrar before the end of the 30‑day period that begins on the day after the application is made.

Applications for licences that cover existing licence areas

  1. (4)

    If an application for a research and demonstration licence covers an area that is, or is part of, the licence area of an existing licence, the Registrar may:

    1. (a)

      notify the holder of the existing licence that the application has been made; and

    2. (b)

      inform the holder of the existing licence of:

      1. (i)

        the name of the applicant; and

      2. (ii)

        the proposed licence area of the research and demonstration licence (including a description of the location, shape and size of the area); and

      3. (iii)

        the kind of project that the applicant proposes to carry out in the proposed licence area; and

    3. (c)

      invite the holder of the existing licence to make a submission in relation to the potential grant of the research and demonstration licence.

19Research and demonstration licences – applications for licences that cover the same area
  1. (1)

    If applications for research and demonstration licences cover wholly or partly the same area, the Registrar may notify the applicants of the overlap and invite the applicants to revise and resubmit their applications to remove the overlap.

  2. (2)

    The notice and invitation:

    1. (a)

      must be in writing; and

    2. (b)

      must set out, for each other applicant whose application overlaps the applicant’s application:

      1. (i)

        the area or areas of overlap; and

      2. (ii)

        the name of the other applicant; and

      3. (iii)

        the kind of project that the other applicant proposes to carry out; and

    3. (c)

      may include such other information as the Registrar considers reasonable about the applications mentioned in paragraph (b); and

    4. (d)

      may include such information as the Registrar considers reasonable about other applications that cover areas adjacent to, or nearby, the area covered by the applicant’s application; and

    5. (e)

      must specify the day on or before which an application, as revised, must be resubmitted; and

    6. (f)

      must inform the applicant that any revised application must be in accordance with section 20.

  3. (3)

    Subsections 18(2) to (4) apply to an application that is revised and resubmitted in accordance with an invitation under this section. For this purpose, treat subsection 18(2) as requiring the application to be made on or before the day specified under paragraph (2)(e) of this section.

  4. (4)

    An applicant who revises an application in response to the invitation is not required to pay any additional fee for revising or resubmitting the application.

  5. (5)

    If an applicant revises and resubmits an application in response to the invitation on or before the day specified under paragraph (2)(e), and the revised application is in accordance with section 20, then, after that day:

    1. (a)

      the revised application replaces the original application; and

    2. (b)

      the original application is to be disregarded.

    Note: If the revised application is not in accordance with section 20, the original application remains in effect.

20Research and demonstration licences – requirements for revised applications
  1. (1)

    For the purposes of subsection 19(5), a revised application for a research and demonstration licence is in accordance with this section if the Registrar is satisfied that the revised application is, so far as is reasonably possible, substantially similar to the original application.

  2. (2)

    For the purposes of subsection (1), the Registrar may consider:

    1. (a)

      the location, shape and size of the licence areas proposed by the revised application and the original application; and

    2. (b)

      the details of the offshore infrastructure projects proposed to be carried out under the revised application and the original application; and

    3. (c)

      anything else the Registrar considers relevant.

  3. (3)

    Applications may be made to the Administrative Review Tribunal for review of a decision of the Registrar under this section that a revised application for a research and demonstration licence is not in accordance with this section.

21Transmission and infrastructure licences – application
  1. (1)

    An eligible person may apply for a transmission and infrastructure licence.

  2. (2)

    The application must:

    1. (a)

      be made in the manner and form that is:

      1. (i)

        approved by the Registrar; and

      2. (ii)

        published on the Registrar’s website; and

    2. (b)

      include a description of the offshore infrastructure project to be carried out under the transmission and infrastructure licence; and

    3. (c)

      be accompanied by any other information or documents required by the approved form.

    Note: For application fees, see section 146. An application is taken to have been made only if the fee for dealing with the application has been paid (see section 147).

  3. (3)

    An application under this section is taken to include or be accompanied by a thing mentioned in paragraph (2)(b) or (c) if the thing is given to the Registrar before the end of the 30‑day period that begins on the day after the application is made.

Applications for licences that cover existing licence areas

  1. (4)

    If an application for a transmission and infrastructure licence covers an area that is, or is part of, the licence area of an existing licence, the Registrar may:

    1. (a)

      notify the holder of the existing licence that the application has been made; and

    2. (b)

      inform the holder of the existing licence of:

      1. (i)

        the name of the applicant; and

      2. (ii)

        the proposed licence area of the transmission and infrastructure licence (including a description of the location, shape and size of the area); and

      3. (iii)

        the kind of project that the applicant proposes to carry out in the proposed licence area; and

    3. (c)

      invite the holder of the existing licence to make a submission in relation to the potential grant of the transmission and infrastructure licence.

22Transmission and infrastructure licences – applications for licences that cover the same area
  1. (1)

    If applications for transmission and infrastructure licences cover wholly or partly the same area, the Registrar may notify the applicants of the overlap and invite the applicants to revise and resubmit their applications to remove the overlap.

  2. (2)

    The notice and invitation:

    1. (a)

      must be in writing; and

    2. (b)

      must set out, for each other applicant whose application overlaps the applicant’s application:

      1. (i)

        the area or areas of overlap; and

      2. (ii)

        the name of the other applicant; and

      3. (iii)

        the kind of project that the other applicant proposes to carry out; and

    3. (c)

      may include such other information as the Registrar considers reasonable about the applications mentioned in paragraph (b); and

    4. (d)

      may include such information as the Registrar considers reasonable about other applications that cover areas adjacent to, or nearby, the area covered by the applicant’s application; and

    5. (e)

      must specify the day on or before which an application, as revised, must be resubmitted; and

    6. (f)

      must inform the applicant that any revised application must be in accordance with section 23.

  3. (3)

    Subsections 21(2) to (4) apply to an application that is revised and resubmitted in accordance with an invitation under this section. For this purpose, treat subsection 21(2) as requiring the application to be made on or before the day specified under paragraph (2)(e) of this section.

  4. (4)

    An applicant who revises an application in response to the invitation is not required to pay any additional fee for revising or resubmitting the application.

  5. (5)

    If an applicant revises and resubmits an application in response to the invitation on or before the day specified under paragraph (2)(e), and the revised application is in accordance with section 23, then, after that day:

    1. (a)

      the revised application replaces the original application; and

    2. (b)

      the original application is to be disregarded.

    Note: If the revised application is not in accordance with section 23, the original application remains in effect.

23Transmission and infrastructure licences – requirements for revised applications
  1. (1)

    For the purposes of subsection 22(5), a revised application for a transmission and infrastructure licence is in accordance with this section if the Registrar is satisfied that the revised application is, so far as is reasonably possible, substantially similar to the original application.

  2. (2)

    For the purposes of subsection (1), the Registrar may consider:

    1. (a)

      the location, shape and size of the licence areas proposed by the revised application and the original application; and

    2. (b)

      the details of the offshore infrastructure projects proposed to be carried out under the revised application and the original application; and

    3. (c)

      anything else the Registrar considers relevant.

  3. (3)

    Applications may be made to the Administrative Review Tribunal for review of a decision of the Registrar under this section that a revised application for a transmission and infrastructure licence is not in accordance with this section.

Division 4Offering and granting of licencesSubdivision AOperation of this Division24Operation of this Division

For the purposes of paragraph 29(1)(b) of the Act, this Division prescribes matters relating to the offering and granting of licences.

Subdivision BConsidering applications25Additional merit criteria – national interest

For the purposes of being satisfied that a licence meets the merit criteria, the Minister must be satisfied that the proposed project for the licence is in the national interest.

26Merit criteria – matters to be considered

Technical and financial capability

  1. (1)

    For the purposes of being satisfied that an eligible person has, is likely to have or is likely to be able to arrange to have the technical and financial capability to carry out a proposed project under a licence, the Minister may consider one or more of the following:

    1. (a)

      the technical advice that is or will be available to the person;

    2. (b)

      the financial resources that are or will be available to the person;

    3. (c)

      the person’s ability to carry out the operations and works that will be authorised by the licence;

    4. (d)

      the person’s ability to discharge the obligations in relation to the licence that will be imposed by the Act, these regulations or any other instrument made under the Act;

    5. (e)

      any other matters the Minister considers relevant.

Viability

  1. (2)

    For the purposes of being satisfied that a proposed project for a licence is likely to be viable, the Minister may consider one or more of the following:

    1. (a)

      the complexity of the project;

    2. (b)

      the route‑to‑market for the project;

    3. (c)

      the estimated commercial return to the licence holder;

    4. (d)

      any other matters the Minister considers relevant.

Suitability of the applicant

  1. (3)

    For the purposes of being satisfied that an eligible person is suitable to hold a licence, the Minister may consider one or more of the following:

    1. (a)

      the person’s past performance in offshore infrastructure projects, or other large infrastructure projects, in Australia or internationally;

    2. (b)

      the person’s past financial performance;

    3. (c)

      the person’s corporate governance structure;

    4. (d)

      any other matters the Minister considers relevant.

National interest

  1. (4)

    For the purposes of being satisfied that a proposed project for a licence is in the national interest, the Minister may consider one or more of the following:

    1. (a)

      the project’s impact on, and contribution to, the Australian economy and local communities, including in relation to regional development, job creation, Australian industries and the use of Australian goods and services;

    2. (b)

      national security;

    3. (c)

      whether the project is likely to be delivered within a reasonable time;

    4. (d)

      whether the project is likely to make efficient use of the licence area;

    5. (e)

      conflicts that might arise with other uses or users of the licence area;

    1. (f)

      any measures that are proposed to mitigate such conflicts;

    2. (g)

      any other matters the Minister considers relevant.

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

Subdivision COffering and granting licences27Offer of licence
  1. (1)

    If the Minister decides to grant a licence to an applicant, the Minister must offer the licence to the applicant.

  2. (2)

    The Minister may make the offer by arranging for the Registrar to give the offer to the applicant.

  3. (3)

    The offer must:

    1. (a)

      be in writing; and

    2. (b)

      specify the licence area for the licence (see also subsection (4) for feasibility licences); and

    3. (c)

      state the day on which the licence would come into force; and

    4. (d)

      state the end day of the licence; and

    5. (e)

      specify the conditions that would apply to the licence, including the requirement to pay any offshore electricity infrastructure levy; and

    6. (f)

      for a feasibility licence—specify the day on or before which the amount of the financial offer (if any) must be paid to the Commonwealth if the offer of the licence is accepted by the applicant; and

    7. (g)

      specify the day on or before which the offer must be accepted; and

    8. (h)

      state that, if the offer is not accepted by that day, the applicant’s application for the licence will lapse; and

    9. (i)

      specify the method for accepting the offer, which may include giving the acceptance or other information to the Registrar.

  4. (4)

    The licence area specified under paragraph (3)(b) for a feasibility licence must be the same as:

    1. (a)

      the area described in the application for the feasibility licence (see paragraph 10(2)(ba)); or

    2. (b)

      if the application for the feasibility licence has been revised and resubmitted under section 12 in accordance with section 13—the area described in the revised and resubmitted application.

28Granting licences

A licence granted as a result of the acceptance of an offer under section 27 must be consistent with the details set out in the offer.

Note 1: The grant of a licence must be recorded in the Register: see section 163 of the Act.

Note 2: For other rules relating to grants of licences, see the following sections of the Act:

(a) section 33 (grant of a feasibility licence);

(b) section 42 (grant of a commercial licence);

(c) section 52 (grant of a research and demonstration licence);

(d) section 61 (grant of a transmission and infrastructure licence).

Note 3: The Minister may delegate to the Registrar the function of giving notice of the grant of a licence (see section 303 of the Act).

28ACommercial licences – Minister may only grant licence if financial security requirement complied with
  1. (1)

    This section applies if:

    1. (a)

      an eligible person has applied for a commercial licence; and

    2. (b)

      the commercial licence has not been granted, and the application has not been refused; and

    3. (c)

      subject to section 103 of this instrument, section 117 of the Act would, if the commercial licence were granted, require the eligible person to have provided the Commonwealth with an amount of financial security at the time the commercial licence comes into force.

  2. (2)

    For the purposes of paragraph 42(1)(j) of the Act, the Minister may only grant the commercial licence if the eligible person has provided the Commonwealth with that amount of financial security.

Division 5Extending and varying licences29Operation of this Division

For the purposes of paragraph 29(1)(f) of the Act, this Division prescribes matters relating to extending and varying licences.

30Extending the term of a licence

On application

  1. (1)

    The Minister may extend the end day of a licence if the licence holder applies for the extension.

  2. (2)

    The application must:

    1. (a)

      be made in the manner and form that is:

      1. (i)

        approved by the Registrar; and

      2. (ii)

        published on the Registrar’s website; and

    2. (b)

      be made:

      1. (i)

        for a licence other than a commercial licence—before the end day of the licence; and

      2. (ii)

        for a commercial licence—at least 5 years before the end day of the licence; and

    3. (c)

      be accompanied by any other information or documents required by the approved form.

    Note: For application fees, see section 146. An application is taken to have been made only if the fee for dealing with the application has been paid (see section 147).

  3. (3)

    An application under this section is taken to be accompanied by the information or documents mentioned in paragraph (2)(c) if the information or documents are given to the Registrar before the end of the 30‑day period that begins on the day after the application is made.

On Minister’s own initiative

  1. (4)

    The Minister may extend the end day of a feasibility licence or a research and demonstration licence on the Minister’s own initiative.

Notice of extension

  1. (5)

    If the Minister extends the end day of a licence, the Minister must give the licence holder written notice of the extension.

  2. (6)

    The Minister may give the notice by arranging for the Registrar to give the notice.

    Note 1: The extension must be recorded in the Register: see item 7 of the table in subsection 164(1) of the Act.

    Note 2: For other rules relating to extending the term of a licence, see the following sections of the Act:

    (a) section 37 (extending the term of a feasibility licence);

    (b) section 47 (extending the term of a commercial licence);

    (c) section 56 (extending the term of a research and demonstration licence);

    (d) section 65 (extending the term of a transmission and infrastructure licence).

31Application to vary a licence
  1. (1)

    An application to vary a licence must:

    1. (a)

      be made in the manner and form that is:

      1. (i)

        approved by the Registrar; and

      2. (ii)

        published on the Registrar’s website; and

    2. (b)

      be accompanied by any other information or documents required by the approved form.

    Note: For application fees, see section 146. An application is taken to have been made only if the fee for dealing with the application has been paid (see section 147).

  2. (2)

    An application under this section is taken to be accompanied by the information or documents mentioned in paragraph (1)(b) if the information or documents are given to the Registrar before the end of the 30‑day period that begins on the day after the application is made.

    Note 1: The variation of a licence must be recorded in the Register: see item 1 of the table in subsection 164(1) of the Act.

    Note 2: For other rules relating to varying licences, see the following sections of the Act:

    (a) section 38 (varying a feasibility licence);

    (b) section 48 (varying a commercial licence);

    (c) section 57 (varying a research and demonstration licence);

    (d) section 66 (varying a transmission and infrastructure licence).

    Note 3: The Minister may delegate to the Registrar the function of giving notice of the variation of a licence (see section 303 of the Act).

Division 6Licence conditions32Operation of this Division

For the purposes of paragraph 29(1)(f) of the Act, this Division prescribes conditions to which licences are subject.

33Reports
  1. (1)

    A licence is subject to the condition that the licence holder give the Registrar or the Minister reports in accordance with this section.

Annual reports

  1. (2)

    The licence holder must give the Registrar annual reports.

  2. (3)

    An annual report must:

    1. (a)

      be given to the Registrar in the manner and form that is:

      1. (i)

        approved by the Registrar; and

      2. (ii)

        published on the Registrar’s website; and

    2. (b)

      be given within 30 days after the most recent anniversary of the grant of the licence (or such further period as allowed by the Registrar); and

    3. (c)

      relate to the activities of the licence holder during the 12‑month period (the reporting period) immediately before the anniversary; and

    4. (d)

      be accompanied by any other information or documents required by the approved form.

  3. (4)

    An annual report must include the following:

    1. (a)

      a description of all work, evaluations and studies carried out in or in relation to the licence area during the reporting period with total expenditure by item and a summary of the results;

    2. (b)

      details of how the licence has continued to meet, and continues to meet, the merit criteria;

    3. (c)

      a summary of anticipated work, evaluations and studies to be carried out in or in relation to the licence area during the next reporting period for the licence, including estimated expenditure;

    4. (d)

      a description of how the offshore infrastructure project carried out, or to be carried out, under the licence (including, in the case of a feasibility licence, any proposed commercial licence that the licence holder has applied for, or proposes to apply for, on the basis of the feasibility licence) is contributing, or will contribute, to the Australian economy and local communities, including in relation to:

      1. (i)

        regional development; and

      2. (ii)

        job creation; and

      3. (iii)

        Australian industries; and

      4. (iv)

        the use of Australian goods and services;

    5. (e)

      any other information or documents that a condition of the licence (other than the condition in this section) requires the annual report to include.

  4. (5)

    An annual report is taken to be accompanied by or include a thing mentioned in paragraph (3)(d) or subsection (4) if the thing is given to the Registrar before the end of the 10‑day period that begins on the day after the annual report is given to the Registrar.

Final report

  1. (6)

    The licence holder must give the Minister a final report if:

    1. (a)

      the licence holder applies to the Minister under subsection 74(1) of the Act for the Minister to consent to the surrender of the licence; and

    2. (b)

      the licence would cease to be in force if the licence were surrendered in accordance with the application.

  2. (7)

    A final report must:

    1. (a)

      be given to the Minister in the manner and form that is:

      1. (i)

        approved by the Registrar; and

      2. (ii)

        published on the Registrar’s website; and

    2. (b)

      accompany the application under subsection 74(1) of the Act; and

    3. (c)

      relate to the activities of the licence holder during the period (the reporting period) that:

      1. (i)

        begins on the most recent anniversary of the grant of the licence; and

      2. (ii)

        ends the day before the application is made; and

    4. (d)

      be accompanied by any other information or documents required by the approved form.

  3. (8)

    A final report must include the following:

    1. (a)

      a description of all work, evaluations and studies carried out in or in relation to the licence area during the reporting period with total expenditure by item and a summary of the results;

    2. (b)

      details of how the licence has met the merit criteria;

    3. (c)

      any other information or documents that a condition of the licence (other than this condition in this section) requires the annual report to include.

  4. (9)

    A final report is taken:

    1. (a)

      to accompany the application under subsection 74(1) of the Act for the purposes of paragraph (7)(b) of this section; and

    2. (b)

      to include or be accompanied by the things mentioned in paragraph (7)(d) and subsection (8) of this section;

if the final report and the things are given to the Minister before the end of the 10‑day period that begins on the day after the application is made.

33AFeasibility licences – Australian supply chain and workforce analysis report
  1. (1)

    A feasibility licence is subject to the condition that the licence holder must give the Registrar a report under this section before the end of 2 years after the day the licence came into force (or such further period as allowed by the Registrar).

    Note: For feasibility licences in force when this section commences, see subsection (8).

  2. (2)

    The report must:

    1. (a)

      describe the proposed commercial offshore infrastructure project; and

    2. (b)

      describe the proposed supply chain and workforce needs of the project; and

    3. (c)

      describe the opportunities for Australian businesses and workers that may arise from the project; and

    4. (d)

      describe the consultation that the licence holder has carried out, in respect of economic opportunities directly arising from the project, with:

      1. (i)

        Australian businesses, including businesses owned or operated by Aboriginal or Torres Strait Islander people; and

      2. (ii)

        local governments of areas adjacent to, or near, the project; and

      3. (iii)

        workers and their representatives; and

      4. (iv)

        any forums or committees representing business owners and workers located in areas adjacent to, or near, the project; and

    5. (e)

      describe how the project will maximise its contributions to the Australian economy and Australian communities.

Revision of report

  1. (3)

    The Registrar may, by notice in writing, direct the licence holder to review and update the report, and give the updated report to the Registrar, before the end of a period specified in the direction.

  2. (4)

    The licence is subject to the condition that:

    1. (a)

      the licence holder must comply with any direction given to the licence holder under subsection (3); and

    2. (b)

      any updated report that the licence holder gives to the Registrar in accordance with such a direction must be in accordance with subsection (2).

Registrar must consider report for publication

  1. (5)

    If the licence holder gives the Registrar a report (including a revised report) under this section (including under subparagraph (b)(ii) of this subsection), the Registrar must, before the end of 60 days after the licence holder gave the report:

    1. (a)

      decide whether the report is in accordance with subsection (2); and

    2. (b)

      either:

      1. (i)

        if the Registrar is satisfied that the report is in accordance with subsection (2)—give the licence holder a notice stating that the licence holder must publish the report in accordance with subsection (6); or

      2. (ii)

        otherwise—give the licence holder a notice requiring the licence holder to revise and resubmit the report, and setting out the information that must be included in the report.

  2. (6)

    If the Registrar gives the licence holder a notice under subparagraph (5)(b)(i), the licence holder must:

    1. (a)

      publish the report on the licence holder’s website within 30 days after receiving the notice; and

    2. (b)

      keep the report on the licence holder’s website for as long as the feasibility licence remains in force.

  3. (7)

    Before publishing the report under subsection (6), the licence holder must remove from the report any information that the licence holder reasonably considers to be:

    1. (a)

      a trade secret; or

    2. (b)

      information the disclosure of which would, or could reasonably be expected to, adversely affect any person’s business, commercial or financial affairs.

Licences in effect when this section commences

  1. (8)

    If a feasibility licence is in effect when this section commences, the licence holder must give the Registrar the first report under this section in relation to the licence before the end of 2 years after the day this section commences, instead of before the time mentioned in subsection (1).

Division 7Transferring licences34Operation of this Division

For the purposes of paragraph 29(1)(c) of the Act, this Division prescribes matters relating to transfers of licences.

35Application to transfer a licence
  1. (1)

    An application to transfer a licence must:

    1. (a)

      be made in the manner and form that is:

      1. (i)

        approved by the Registrar; and

      2. (ii)

        published on the Registrar’s website; and

    2. (b)

      be accompanied by any other information or documents required by the approved form.

    Note 1: The application must be made to the Registrar: see section 69 of the Act.

    Note 2: For application fees, see section 146 of this instrument. An application is taken to have been made only if the fee for dealing with the application has been paid (see section 147).

  2. (2)

    An application under this section is taken to be accompanied by the information or documents mentioned in paragraph (1)(b) if the information or documents are given to the Registrar before the end of the 30‑day period that begins on the day after the application is made.

36Assessment by Registrar
  1. (1)

    If an application for the transfer of a licence is made, the Registrar must:

    1. (a)

      make an assessment of the application by reference to the criteria set out in subsection 70(1) of the Act (licence transfers); and

    2. (b)

      provide advice to the Minister in relation to the assessment.

  2. (2)

    For the purposes of making the assessment, the Registrar may consult with the Regulator or any other person.

37Decision by Minister
  1. (1)

    In deciding whether or not to transfer a licence, the Minister:

    1. (a)

      may consult with the Registrar, the Regulator or any other person; and

    2. (b)

      subject to paragraph (c)—may take into account any advice or recommendations given or made by the Registrar, the Regulator or any other person; and

    3. (c)

      must have regard to any advice provided by the Registrar under paragraph 36(1)(b) in relation to the application for the transfer.

    Note 1: The transfer of a licence must be recorded in the Register: see item 2 of the table in subsection 164(1) of the Act.

    Note 2: For other rules relating to the transfer of licences, see Part 2 of Chapter 3 of the Act.

    Note 3: The Minister may delegate to the Registrar the function of giving notice of a decision to transfer, or not to transfer, a licence (see section 303 of the Act).

Financial security

  1. (2)

    If a licence is transferred, then, for the purposes of subsections 72(2) and (3) of the Act, the transferor must comply with sections 117 and 118 of the Act in relation to the licence, as if the transferor still held the licence, until:

    1. (a)

      the licence ceases to be in force; or

    2. (b)

      the Minister gives a notice to the transferor and transferee under subsection (3) of this section.

  2. (3)

    The Minister may, by written notice to the transferor and transferee, determine that subsection (2) no longer applies to the transferor if the Minister is satisfied that the transferee is in compliance with sections 117 and 118 of the Act in relation to the licence.

    Note: The Minister may delegate to the Registrar the function of giving a notice under this subsection (see section 303 of the Act).

  3. (4)

    To avoid doubt, subsection (2) does not affect any obligation of the transferee to comply with sections 117 and 118 of the Act.

Division 8Change in control of licence holder38Operation of this Division

For the purposes of paragraph 29(1)(d) of the Act, this Division prescribes matters relating to changes in control of licence holders.

39Application for approval of change in control of licence holder
  1. (1)

    An application for approval of a change in control of a licence holder must:

    1. (a)

      be made in the manner and form that is:

      1. (i)

        approved by the Registrar; and

      2. (ii)

        published on the Registrar’s website; and

    2. (b)

      be accompanied by any other information or documents required by the approved form.

    Note 1: The application must be made to the Registrar: see section 86 of the Act.

    Note 2: A change in control of a licence holder must be noted in the Register: see section 94 of the Act.

    Note 3: For other rules relating to the change in control of a licence holder, see Part 3 of Chapter 3 of the Act.

    Note 4: For application fees, see section 146 of this instrument. An application is taken to have been made only if the fee for dealing with the application has been paid (see section 147).

  2. (2)

    An application under this section is taken to be accompanied by the information or documents mentioned in paragraph (1)(b) if the information or documents are given to the Registrar before the end of the 30‑day period that begins on the day after the application is made.

Division 8ASurrendering licences39AApplication for consent to surrender licence, and notice of surrender

Application for consent to surrender

  1. (1)

    An application under subsection 74(1) of the Act for the Minister to consent to the surrender of a licence in respect of an area:

    1. (a)

      must be made in the manner and form that is:

      1. (i)

        approved by the Registrar; and

      2. (ii)

        published on the Registrar’s website; and

    2. (b)

      must be accompanied by any information or documents required by the form.

    Note 1: The application must specify or set out the matters required by subsection 74(2) of the Act.

    Note 2: For application fees, see section 146. An application is taken to have been made only if the fee for dealing with the application has been paid (see section 147).

Notice of surrender

  1. (2)

    A notice under subsection 74(4) of the Act surrendering a licence in respect of an area:

    1. (a)

      must be in the manner and form that is:

      1. (i)

        approved by the Registrar; and

      2. (ii)

        published on the Registrar’s website; and

    2. (b)

      must be accompanied by any information or documents required by the form.

  1. Note: The notice must also be accompanied by the notice of the Minister’s consent to the surrender of the licence in respect of the area (see subsection 74(4) of the Act).

Division 9General mattersSubdivision AOperation of this Division40Operation of this Division

For the purposes of section 29 of the Act, this Division prescribes general matters relating to the operation of the licensing scheme.

Subdivision BSupport by Registrar41Request for further information
  1. (1)

    For the purposes of advising the Minister in relation to a licence application, the Registrar may request additional information from the applicant.

  2. (2)

    The request must:

    1. (a)

      be in writing; and

    2. (b)

      specify the information required; and

    3. (c)

      specify the day on or before which the information must be provided; and

    4. (d)

      specify the manner in which the information must be provided.

  3. (3)

    If the additional information is not provided on or before the day specified, the Minister may refuse to consider the application further.

  4. (4)

    If the Minister so refuses, the Minister must give the applicant written notice of the refusal.

  5. (5)

    To avoid doubt, this section applies to an application for a feasibility licence in relation to which the Minister is considering making a determination under subsection 11(2) or 14(2).

  6. (6)

    To avoid doubt, the Registrar:

    1. (a)

      may make more than one request under this section; and

    2. (b)

      may make further requests if the Registrar or the Minister is not satisfied with the information provided in response to a request.

42Advice given by the Registrar
  1. (1)

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

  2. (2)

    To avoid doubt, this section applies to an application for a feasibility licence in relation to which the Minister is considering making a determination under subsection 11(2) or 14(2).

Subdivision CProcedural fairness43Proposed decision to refuse application
  1. (1)

    This section applies if, on application, the decision maker proposes to make a decision:

    1. (a)

      not to offer to grant a licence (other than a feasibility licence); or

    2. (b)

      not to extend the end day of a licence; or

    3. (c)

      not to vary a licence; or

    4. (d)

      not to transfer a licence; or

    5. (e)

      not to consent to the surrender of a licence; or

    6. (f)

      not to approve a change in control of a licence holder.

  2. (2)

    For the purposes of this section, the decision maker is:

    1. (a)

      for a decision covered by any of paragraphs (1)(a) to (e)—the Minister; or

    2. (b)

      for a decision covered by paragraph (1)(f)—the Registrar.

  3. (3)

    The decision maker must give the applicant written notice of the proposed decision.

  4. (4)

    If the decision maker is the Minister, the notice may be given to the applicant by the Registrar.

  5. (5)

    The notice must:

    1. (a)

      set out the decision maker’s reasons for the proposed decision; and

    2. (b)

      invite the applicant to make a written submission about the proposed decision; and

    3. (c)

      specify the period within which the submission must be made.

  6. (6)

    The specified period must be reasonable having regard to the circumstances.

  7. (7)

    Any submission made in response to the notice must be given to the Registrar.

  8. (8)

    The decision maker must take the submission into account in deciding whether to make the proposed decision.

44Notice of refusal decision

If a decision maker makes a decision mentioned in subsection 43(1), the decision maker must give the applicant written notice of the decision and the reasons for the decision.

Note: The Minister may delegate to the Registrar the function of giving notices under this section (see section 303 of the Act).

Part 3Licensing scheme: management of infrastructureDivision 1Operation of this Part45Operation of this Part

For the purposes of section 29 of the Act, this Part prescribes the licensing scheme in relation to:

  1. (a)

    management plans; and

  2. (b)

    other matters.

Division 2Licence activities must comply with management plan46Licence activities must comply with management plan
  1. (1)

    A licence holder commits an offence of strict liability if:

    1. (a)

      there is a management plan for the licence; and

    2. (b)

      the licence holder carries out licence activities in a way that is contrary to the management plan.

    Penalty: 50 penalty units.

Continuing offences

  1. (2)

    A person who commits an offence against subsection (1) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the offence continues.

  2. (3)

    The maximum penalty for each day that an offence under subsection (1) continues is 10% of the maximum penalty that can be imposed in respect of that offence.

Division 3Application for approval of plans (including revised plans)Subdivision AInitial plan approval applications47Making an initial plan approval application
  1. (1)

    The holder of a feasibility licence, a research and demonstration licence or a transmission and infrastructure licence may apply to the Regulator, in accordance with this Subdivision, for the Regulator to approve a plan as the management plan for the licence.

  2. (2)

    If the holder of a feasibility licence has applied for, or proposes to apply for, a commercial licence on the basis of the feasibility licence, the licence holder may apply to the Regulator, in accordance with this Subdivision, for the Regulator to approve a plan as the management plan for the proposed commercial licence.

    Note: The relevant licence for an application under subsection (2) is the proposed commercial licence (see the definition of relevant licence in section 4).

  3. (3)

    For the purposes of this instrument, an application under this section is an initial plan approval application.

  4. (4)

    This section does not apply if there is already a management plan for the relevant licence.

    Note: If there is already a management plan for the relevant licence, the licence holder may make a plan revision approval application instead (see section 50).

48Requirements for application
  1. (1)

    An initial plan approval application:

    1. (a)

      must be made in the manner and form that is:

      1. (i)

        approved by the Regulator; and

      2. (ii)

        published on the Regulator’s website; and

    2. (b)

      must be accompanied by the plan; and

    3. (c)

      must be accompanied by any other information or documents required by the form.

  2. (2)

    Before making an initial plan approval application, a licence holder must carry out consultation under Subdivision D.

    Note 1: For application fees, see section 146. An application is taken to have been made only if the fee for dealing with the application has been paid (see section 147).

    Note 2: The licence holder may be required to give the Regulator a design notification before making the initial plan approval application (see section 96).

49Application taken to be withdrawn if further application made

If:

  1. (a)

    a licence holder makes an initial plan approval application (the first application) in relation to a licence; and

  2. (b)

    while the Regulator is dealing with the first application, the licence holder makes a further initial plan approval application in relation to the licence;

the first application is taken to be withdrawn when the further application is made.

Subdivision BPlan revision approval applications50Making a plan revision approval application
  1. (1)

    This section applies to the holder of a licence for which there is a management plan.

  2. (2)

    This section also applies to the holder of a feasibility licence if:

    1. (a)

      the licence holder has applied, or proposes to apply, for the Minister to grant a commercial licence on the basis of the feasibility licence; and

    2. (b)

      the Regulator has approved a management plan for the proposed commercial licence.

    Note: If subsection (2) applies, the relevant licence for an application under paragraph (3)(b) is the proposed commercial licence (see the definition of relevant licence in section 4).

  3. (3)

    The licence holder may:

    1. (a)

      prepare a revised management plan; and

    2. (b)

      apply to the Regulator, in accordance with this Subdivision, for the Regulator to approve the revised management plan as the management plan for the relevant licence.

  4. (4)

    For the purposes of this instrument, an application under paragraph (3)(b) is a plan revision approval application.

51Requirements for plan revision approval application

A plan revision approval application:

  1. (a)

    must be made in the manner and form that is:

    1. (i)

      approved by the Regulator; and

    2. (ii)

      published on the Regulator’s website; and

  2. (b)

    must be accompanied by the revised plan; and

  3. (c)

    must be accompanied by any information or documents required by the form.

Note 1: For application fees, see section 146. An application is taken to have been made only if the fee for dealing with the application has been paid (see section 147).

Note 2: If the relevant licence is a transmission and infrastructure licence, the licence holder may be required to give the Regulator a design notification before making the plan revision approval application (see subsection 96(3)).

52Application taken to be withdrawn if further application made

If:

  1. (a)

    a licence holder makes a plan revision approval application (the first application) in relation to a licence; and

  2. (b)

    while the Regulator is dealing with the first application, the licence holder makes a further plan revision approval application in relation to the licence;

the first application is taken to be withdrawn when the further application is made.

Subdivision CRequirements to revise management plan and apply for approval53Regulator may direct licence holder to revise management plan
  1. (1)

    The Regulator may, at any time when an approval of a management plan for a relevant licence is in effect, direct the licence holder to:

    1. (a)

      revise the management plan; and

    2. (b)

      make a plan revision approval application for the Regulator to approve the revised plan as the management plan for the relevant licence.

    Note: Before giving a direction under this subsection, the Regulator must give the licence holder a written notice of the proposed direction inviting the licence holder to make a submission about the proposed direction (see section 55).

  2. (2)

    The direction must:

    1. (a)

      be in writing; and

    2. (b)

      set out the matters in respect of which the management plan must be revised; and

    3. (c)

      set out the reasons for the revision; and

    4. (d)

      specify the day on or before which the plan revision approval application must be made.

  3. (3)

    The direction:

    1. (a)

      may include a requirement for the licence holder to carry out consultation under Subdivision D before making the plan revision approval application; and

    2. (b)

      if the direction includes such a requirement:

      1. (i)

        may state that the consultation must relate to specified licence activities carried out, or to be carried out, under the relevant licence; and

      2. (ii)

        may state that only specified persons, organisations, communities or groups of kinds mentioned in subsection 64(1) need to be consulted.

Time limit for complying with direction

  1. (4)

    The day specified for the purposes of paragraph (2)(d) must be reasonable.

  2. (5)

    The licence holder may, in writing, ask the Regulator to vary the day specified for the purposes of paragraph (2)(d) to a later day.

  3. (6)

    If the licence holder makes a request under subsection (5), the Regulator may, by written notice to the licence holder:

    1. (a)

      grant the request and vary the day specified for the purposes of paragraph (2)(d) to a later day; or

    2. (b)

      refuse the request.

Licence holder must comply with direction

  1. (7)

    The licence holder must comply with the direction on or before the day specified in the direction for the purposes of paragraph (2)(d).

54Failure to comply with direction to revise management plan

Strict liability offence

  1. (1)

    A person commits an offence of strict liability if:

    1. (a)

      the Regulator gives the person a direction under subsection 53(1); and

    2. (b)

      the person does not comply with the direction on or before the day specified in the direction for the purposes of paragraph 53(2)(d).

    Penalty: 40 penalty units.

Civil penalty provision

  1. (2)

    A person is liable to a civil penalty if:

    1. (a)

      the Regulator gives the person a direction under subsection 53(1); and

    2. (b)

      the person does not comply with the direction on or before the day specified in the direction for the purposes of paragraph 53(2)(d).

    Civil penalty: 40 penalty units.

Continuing contraventions

  1. (3)

    A person who commits an offence against subsection (1) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the offence continues.

  2. (4)

    The maximum penalty for each day that an offence under subsection (1) continues is 10% of the maximum penalty that can be imposed in respect of that offence.

  3. (5)

    A person who contravenes subsection (2) commits a separate contravention in respect of each day (including a day of the making of a relevant civil penalty order or any later day) during which the contravention continues.

  4. (6)

    The maximum civil penalty for each day that a contravention of subsection (2) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.

55Proposed decision to give direction
  1. (1)

    Before giving a direction under subsection 53(1) to a licence holder, the Regulator must give the licence holder written notice of the proposed direction.

  2. (2)

    The notice must:

    1. (a)

      set out the proposed direction; and

    2. (b)

      set out the Regulator’s reasons for giving the proposed direction; and

    3. (c)

      invite the licence holder to make a written submission about the proposed direction; and

    4. (d)

      specify the day on or before which the submission must be made.

  3. (3)

    The day specified for the purposes of paragraph (2)(d) must be reasonable.

  4. (4)

    If the licence holder makes a submission on or before the day specified for the purposes of paragraph (2)(d):

    1. (a)

      the Regulator must take the submission into account in deciding whether or not to give the direction; and

    2. (b)

      if the Regulator decides not to give the direction—may give the licence holder a different direction under subsection 53(1) instead, and need not comply with this section in relation to the different direction.

56Periodic plan revision approval applications
  1. (1)

    If an approval of a management plan for a relevant licence is in effect, the licence holder must, on or before the periodic revision day worked out under subsection (2):

    1. (a)

      prepare a revised management plan; and

    2. (b)

      make a plan revision approval application for the Regulator to approve the revised management plan as the management plan for the licence;

unless an exemption is in effect under section 57 in relation to the licence.

  1. (2)

    Subject to sections 58 (deferral) and 59 (different day determined by Regulator), the periodic revision day for a relevant licence is the day 5 years after the most recent of any of the following:

    1. (a)

      the day an approval of the management plan, or a revised management plan, for the relevant licence took effect as a result of a plan revision approval application made under paragraph (1)(b) of this section;

    2. (b)

      if the Regulator gives the licence holder a direction under subsection 53(1) in relation to the licence—the day specified in the direction under paragraph 53(2)(d);

    3. (c)

      the day an exemption under section 57 in relation to the licence ceased to have effect;

    4. (d)

      the day a deferral under section 58 in relation to the licence ceased to have effect;

    5. (e)

      the day a determination under section 59 in relation to the licence ceased to have effect.

    Note: For when an approval of a plan takes effect, and the previous plan ceases to be the management plan for the licence, see section 71.

  2. (3)

    To avoid doubt, an approval of a management plan for a relevant licence does not cease to be in effect merely because of a failure to comply with subsection (1).

Offence

  1. (4)

    A person commits an offence of strict liability if:

    1. (a)

      the person holds a licence for which there is a management plan; and

    2. (b)

      no exemption is in effect under section 57 in relation to the licence; and

    3. (c)

      the periodic revision day for the licence passes; and

    4. (d)

      the person does not prepare a revised management plan and make a plan revision approval application for the Regulator to approve the revised management plan as the management plan for the licence.

    Penalty: 40 penalty units.

Continuing offences

  1. (5)

    A person who commits an offence against subsection (4) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the offence continues.

  2. (6)

    The maximum penalty for each day that an offence under subsection (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence.

57Exemption from periodic plan revision requirement
  1. (1)

    If an approval of a management plan for a relevant licence is in effect, the licence holder may apply to the Regulator, in writing, for an exemption from the requirements in subsection 56(1) in relation to the licence.

  2. (2)

    The Regulator may, by written notice to the licence holder, grant the exemption if the Regulator is satisfied that:

    1. (a)

      no licence activities are occurring under the management plan; and

    2. (b)

      there is no licence infrastructure in the licence area.

    Note: If an exemption under this section is in effect in relation to a relevant licence, the periodic revision obligation in subsection 56(1) does not apply (see that subsection and paragraph 56(4)(b)). However, sections 53 (Regulator may direct licence holder to revise management plan) and 60 (other circumstances in which licence holder must make a plan revision approval application) continue to apply.

Revocation of exemption

  1. (3)

    An exemption under this section is taken to be revoked if the Regulator gives the licence holder a direction under section 53 in relation to the relevant licence.

    Note: See also subsections 33(3) and (3AA) of the Acts Interpretation Act 1901.

58Deferral of periodic plan revision requirement
  1. (1)

    If an approval of a management plan for a relevant licence is in effect, the licence holder may apply to the Regulator for a deferral of the periodic revision day for the relevant licence.

  2. (2)

    The application must:

    1. (a)

      be in writing; and

    2. (b)

      set out the reasons for the deferral, including an explanation of why the deferral is necessary and appropriate; and

    3. (c)

      propose a deferred periodic revision day for the relevant licence.

  3. (3)

    The Regulator may, by written notice to the licence holder, grant a deferral of the periodic revision day for the relevant licence if the Regulator is satisfied that:

    1. (a)

      the licence holder is reasonably likely to comply with the management plan for the period of the deferral; and

    2. (b)

      the deferral is reasonably necessary for the reasons described in the application under paragraph (2)(b).

  4. (4)

    A notice under subsection (3) must specify the deferred periodic revision day for the relevant licence.

  5. (5)

    If a deferral under this section is in effect in relation to a relevant licence, the periodic revision day for the relevant licence is the day specified for the purposes of subsection (4).

    Note: A deferral under this section defers the periodic revision obligation under section 56. However, sections 53 (Regulator may direct licence holder to revise management plan) and 60 (other circumstances in which licence holder must make a plan revision approval application) continue to apply.

Revocation of deferral

  1. (6)

    A deferral under this section is taken to be revoked:

    1. (a)

      at the end of the day specified for the purposes of subsection (4); or

    2. (b)

      if the Regulator gives the licence holder a direction under section 53 in relation to the relevant licence.

    Note: See also subsections 33(3) and (3AA) of the Acts Interpretation Act 1901.

59Regulator may determine different periodic revision day
  1. (1)

    This section applies if the Regulator grants a plan revision approval application under section 71 in relation to a relevant licence.

  2. (2)

    When the Regulator grants the application, the Regulator may determine that the periodic revision day for the relevant licence is a particular day.

  3. (3)

    If the Regulator makes a determination under subsection (2):

    1. (a)

      the Regulator must give the licence holder written notice of the determination; and

    2. (b)

      for the purposes of section 56, the periodic revision day for the relevant licence is the day determined by the Regulator.

Revocation of determination

  1. (4)

    A determination under this section is taken to be revoked:

  1. (2)

    The log book must:

    1. (a)

      have hard covers; and

    2. (b)

      be bound so that pages cannot easily be removed; and

    3. (c)

      have its pages serially numbered; and

    4. (d)

      show the diver’s name; and

    5. (e)

      have a clear photograph of the diver’s full face; and

    6. (f)

      have a specimen of the diver’s signature.

  2. (3)

    An entry in the log book must contain the following information:

    1. (a)

      the date to which the entry relates;

    2. (b)

      the location of the dive (and, if the dive was from a vessel or installation, the name of the vessel or installation);

    3. (c)

      the maximum depth reached;

    4. (d)

      the times at which the diver left the surface, reached the bottom, left the bottom and arrived at the surface again, and bottom time;

    5. (e)

      the breathing apparatus and breathing mixture used;

    6. (f)

      the decompression schedule followed;

    7. (g)

      the work done and the plant for diving used;

    8. (h)

      any decompression illness, barotrauma, discomfort or injury and details of any treatment given;

    9. (i)

      details of any emergency or incident;

    10. (j)

      anything else relevant to the diver’s health or safety.

18

Before regulation 228

Insert:

227APlant to which this Division applies

This Division applies to plant that is:

  1. (a)

    a crane; or

  2. (b)

    a lift; or

  3. (c)

    a hoist; or

  4. (d)

    a work positioning system; or

  5. (e)

    a temporary work platform; or

  6. (f)

    a concrete placing boom.

19

Subregulation 237(1)

Repeal the subregulation, substitute:

  1. (1)

    This regulation applies to plant that is:

    1. (a)

      a crane; or

    2. (b)

      a lift; or

    3. (c)

      a hoist; or

    4. (d)

      a work positioning system; or

    5. (e)

      a temporary work platform; or

    6. (f)

      a concrete placing boom.

20

At the end of Part 6.1

Add:

293ALicence holder must identify principal contractor

  1. (1)

    This regulation applies to an OEI licence holder if there are one or more construction projects in the Commonwealth offshore area for the purposes of the offshore electricity infrastructure project being carried out under the OEI licence.

  2. (2)

    For each such construction project, the OEI licence holder must publish the following on the OEI licence holder’s website:

    1. (a)

      the principal contractor’s name and telephone contact numbers (including an after hours telephone number);

    2. (b)

      a description of the construction project;

    3. (c)

      details of the location or locations of the construction project.

    Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.

    Penalty: The tier G monetary penalty.

21

Regulation 308

Repeal the regulation.

22

Paragraph 497(2)(c)

Repeal the paragraph.

23

Regulation 530 (before the note)

Insert:

This Chapter does not apply to:

  1. (a)

    a facility that is an aircraft; or

  2. (b)

    a facility that is a vessel and is not offshore renewable energy infrastructure (within the meaning of the Offshore Electricity Infrastructure Act 2021) or offshore electricity transmission infrastructure (within the meaning of that Act).

24

Subregulation 676(1) (subheading before table item 8, column headed “Regulation under which reviewable decision is made”)

Omit “Accreditation of assessors”, substitute “DSMS”.

25

Subregulation 676(1) (table items 8 to 16)

Repeal the items, substitute:

8

168C—Rejection of DSMS

Person conducting a business or undertaking who gave the DSMS to the regulator

9

168C—Placing conditions on acceptance of DSMS

Person conducting a business or undertaking who gave the DSMS to the regulator

10

168D—Rejection of revised DSMS

Person conducting a business or undertaking who gave the revised DSMS to the regulator

11

168D—Placing conditions on acceptance of revised DSMS

Person conducting a business or undertaking who gave the revised DSMS to the regulator

12

168K—Withdrawal of acceptance of a DSMS for failure to give the regulator a revised version of the DSMS as required by regulation 168H

Person conducting a business or undertaking who gave the DSMS to the regulator

26

After regulation 699

Insert:

699AIncident notification—prescribed events that are dangerous incidents

The following events are prescribed for the purposes of paragraph 37(l) of the Act:

  1. (a)

    an event that incapacitates a worker or other person for work for at least 3 days;

  2. (b)

    any of the following events relating to diving work:

    1. (i)

      a decompression illness;

    2. (ii)

      a pulmonary barotrauma;

    3. (iii)

      a case of omitted decompression;

    4. (iv)

      an event for which a standby diver is deployed for an emergency, except for the purposes of training, exercises or drills;

    5. (v)

      a failure of life support equipment or personnel lifting equipment;

  3. (c)

    an event that a reasonable person would consider needs immediate investigation for its effects on work health and safety.

27

Regulations 700 and 702

Repeal the regulations.

28

At the end of Part 11.3

Add:

703Approved codes of practice

For the purposes of subsection 274(1) of the Act, all codes of practice that are, from time to time, approved under section 274 of the Act (disregarding the modifications made by the Offshore Electricity Infrastructure Act 2021 and regulations made under that Act) are prescribed.

Note: See section 240 of the Offshore Electricity Infrastructure Act 2021 for a modification of section 274 of the Act.

29

Chapter 12

Repeal the Chapter, substitute:

Chapter 12Transitional provisions

Part 12.1Transitional arrangements for certain duties

719Commencement day

In this Part:

commencement day means the day that item 1 of Schedule 2 to the Offshore Electricity Infrastructure Amendment Regulations 2024 commences.

registration duty day means the day 4 years after the commencement day.

720Transitional provision—additional duties relating to registered plant and plant designs

A duty in Part 5.2 applies on and after the registration duty day.

721Transitional provision—duty to register plant designs and items of plant

  1. (1)

    A duty to register a design under Division 1 of Part 5.3 applies on and after the registration duty day (including in relation to a design that was completed at any time before the registration duty day).

  2. (2)

    A duty to register an item of plant under Division 2 of Part 5.3 applies on and after the registration duty day.

722Transitional provision—registration of plant designs and items of plant

Divisions 3, 4, 5 and 6 of Part 5.3 apply on and after the day that is 3 years after the commencement day.

30

Clause 1 of Schedule 2 (table item 1.1, column headed “Fee”)

Omit “$5,500”, substitute “$5,500 (capped)”.

31

Clause 1 of Schedule 2 (table item 1.1, column headed “When fee is to be paid”)

Omit “On application for approval”, substitute “On invoice”.

32

Clause 1 of Schedule 2 (table item 2.1, column headed “Fee”)

Omit “$550”, substitute “$550 (capped)”.

33

Clause 1 of Schedule 2 (table item 2.1, column headed “When fee is to be paid”)

Omit “On application for approval”, substitute “On invoice”.

34

Clause 1 of Schedule 2 (table item 2.1A, column headed “Fee”)

Omit “$65”, substitute “$200 (fixed)”.

35

Clause 1 of Schedule 2 (table item 2.1B, column headed “Fee”)

Omit “$30”, substitute “$50 (fixed)”.

36

Clause 1 of Schedule 2 (table item 2.1C, column headed “Fee”)

Omit “$30”, substitute “$100 (fixed)”.

37

Clause 1 of Schedule 2 (table items 2.2 to 2.4)

Repeal the items, substitute:

2.2

Regulation 168C

Giving a DSMS to the regulator for acceptance

$30,000 (capped)

On invoice

2.3

Regulation 168D

Giving a revised DSMS to the regulator for acceptance

$15,000 (capped)

On invoice

  1. 38

    Clause 1 of Schedule 2 (table item 2.5, column headed “Fee”)

    Omit “$30”, substitute “$100 (fixed)”.

  2. 39

    Clause 1 of Schedule 2 (table item 2.6, column headed “Fee”)

    Omit “no fee”, substitute “$5,500 (capped)”.

  3. 40

    Clause 1 of Schedule 2 (table item 2.6, column headed “When fee is to be paid”)

    Omit “On application for licence”, substitute “On invoice”.

  4. 41

    Clause 1 of Schedule 2 (table item 2.7, column headed “Fee”)

    Omit “no fee”, substitute “$50 (fixed)”.

  5. 42

    Clause 1 of Schedule 2 (table item 2.8, column headed “Fee”)

    Omit “no fee”, substitute “$50 (fixed)”.

  6. 43

    Clause 1 of Schedule 2 (at the end of the table)

    Add:

2.9

Regulation 578

Application for major hazard facility licence

$55,000 (capped)

On invoice

2.10

Regulation 596

Application for renewal of major hazard facility licence

$55,000 (capped)

On invoice

44

At the end of Schedule 2

Add:

2Capped fees

  1. (1)

    This clause applies in relation to a fee described as “(capped)” in an item of Table 2.1.

    Note: This clause does not apply in relation to a fee described as “(fixed)” in an item of Table 2.1. The full amount of a fixed fee must be paid at the time specified in the table.

  2. (2)

    The amount of the fee is the lesser of:

    1. (a)

      the amount specified in the item; and

    2. (b)

      the total amount of the expenses incurred by the regulator in performing or exercising the function or power, or dealing with the application, mentioned in the item.

  3. (3)

    The fee is:

    1. (a)

      due when the regulator issues an invoice for the fee to the person who requested the performance or exercise of the function or power, or made the application; and

    2. (b)

      payable by that person; and

    3. (c)

      payable in accordance with the requirements of the invoice.

  4. (4)

    Subclause (3) has effect despite any other provision of this instrument that requires the fee to be paid in a particular way.

  5. (5)

    Where an amount of the fee is owed by a person, the regulator may decline to perform the function or exercise the power to which the fee relates until the amount is paid.

45

Schedule 5

Repeal the Schedule.

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

Endnote 3Legislation history

Name

Registration

Commencement

Application, saving and transitional provisions

Offshore Electricity Infrastructure Regulations 2022

1 Nov 2022 (F2022L01422)

2 Nov 2022 (s 2(1) item 1)

Offshore Electricity Infrastructure Amendment (Information Disclosure) Regulations 2024

15 Mar 2024 (F2024L00307)

16 Mar 2024 (s 2(1) item 1)

Administrative Review Tribunal Legislation Consequential Amendments (2024 Measures No. 1) Regulations 2024

11 Oct 2024 (F2024L01299)

Sch 3 (items 18, 19): 14 Oct 2024 (s 2(1) item 1)

Offshore Electricity Infrastructure Amendment Regulations 2024

11 Dec 2024 (F2024L01639)

Sch 1 (items 1–29, 31–55) and Sch 2: 12 Dec 2024 (s 2(1) items 2–4)

Offshore Electricity Infrastructure Amendment (Overlapping Applications) Regulations 2024

13 Dec 2024 (F2024L01660)

14 Dec 2024 (s 2(1) item 1)

Endnote 4Amendment history

Provision affected

How affected

Part 1

s 2.............................................

rep LA s 48D

s 4.............................................

am F2024L00307; F2024L01639

Part 2

Part 2 heading.............................

rs F2024L01639

Division 1

s 5.............................................

rs F2024L01639

Division 3

Subdivision B

s 9.............................................

am F2024L01639

s 10............................................

am F2024L01639; F2024L01660

s 11A.........................................

ad F2024L01660

s 12............................................

am F2024L01639

Subdivision C

s 17............................................

am F2024L01639

s 18............................................

am F2024L01639

s 20............................................

am F2024L01299

s 21............................................

am F2024L01639

s 23............................................

am F2024L01299

Division 4

Subdivision C

s 27............................................

am F2024L01639; F2024L01660

s 28A.........................................

ad F2024L01639

Division 5

s 30............................................

am F2024L01639

s 31............................................

am F2024L01639

Division 6

s 33............................................

am F2024L01639

s 33A.........................................

ad F2024L01639

Division 7

s 35............................................

am F2024L01639

Division 8

s 39............................................

am F2024L01639

Division 8A

Division 8A................................

ad F2024L01639

s 39A.........................................

ad F2024L01639

Division 9

Subdivision B

s 41............................................

am F2024L01639

Part 3

Part 3.........................................

ad F2024L01639

Division 1

s 45............................................

ad F2024L01639

Division 2

s 46............................................

ad F2024L01639

Division 3

Subdivision A

s 47............................................

ad F2024L01639

s 48............................................

ad F2024L01639

s 49............................................

ad F2024L01639

Subdivision B

s 50............................................

ad F2024L01639

s 51............................................

ad F2024L01639

s 52............................................

ad F2024L01639

Subdivision C

s 53............................................

ad F2024L01639

s 54............................................

ad F2024L01639

s 55............................................

ad F2024L01639

s 56............................................

ad F2024L01639

s 57............................................

ad F2024L01639

s 58............................................

ad F2024L01639

s 59............................................

ad F2024L01639

s 60............................................

ad F2024L01639

s 61............................................

ad F2024L01639

Subdivision D

s 62............................................

ad F2024L01639

s 63............................................

ad F2024L01639

s 64............................................

ad F2024L01639

s 65............................................

ad F2024L01639

Division 4

Subdivision A

s 66............................................

ad F2024L01639

Subdivision B

s 67............................................

ad F2024L01639

s 68............................................

ad F2024L01639

s 69............................................

ad F2024L01639

s 70............................................

ad F2024L01639

Subdivision C

s 71............................................

ad F2024L01639

s 72............................................

ad F2024L01639

s 73............................................

ad F2024L01639

s 74............................................

ad F2024L01639

s 75............................................

ad F2024L01639

Subdivision D

s 76............................................

ad F2024L01639

s 77............................................

ad F2024L01639

s 78............................................

ad F2024L01639

Division 5

s 79............................................

ad F2024L01639

s 80............................................

ad F2024L01639

s 81............................................

ad F2024L01639

s 82............................................

ad F2024L01639

s 83............................................

ad F2024L01639

s 84............................................

ad F2024L01639

s 85............................................

ad F2024L01639

s 86............................................

ad F2024L01639

s 87............................................

ad F2024L01639

s 88............................................

ad F2024L01639

s 89............................................

ad F2024L01639

s 90............................................

ad F2024L01639

s 91............................................

ad F2024L01639

s 92............................................

ad F2024L01639

s 93............................................

ad F2024L01639

s 94............................................

ad F2024L01639

Division 6

s 95............................................

ad F2024L01639

Division 7

s 96............................................

ad F2024L01639

s 97............................................

ad F2024L01639

s 98............................................

ad F2024L01639

s 99............................................

ad F2024L01639

s 100..........................................

ad F2024L01639

Part 4

Part 4.........................................

ad F2024L01639

Division 1

s 101..........................................

ad F2024L01639

Division 2

s 102..........................................

ad F2024L01639

s 103..........................................

ad F2024L01639

s 104..........................................

ad F2024L01639

s 105..........................................

ad F2024L01639

s 106..........................................

ad F2024L01639

s 107..........................................

ad F2024L01639

s 108..........................................

ad F2024L01639

s 109..........................................

ad F2024L01639

s 110..........................................

ad F2024L01639

s 111..........................................

ad F2024L01639

s 112..........................................

ad F2024L01639

Part 5

Part 5.........................................

ad F2024L01639

Division 1

s 113..........................................

ad F2024L01639

Division 2

s 114..........................................

ad F2024L01639

s 115..........................................

ad F2024L01639

Division 3

s 116..........................................

ad F2024L01639

s 117..........................................

ad F2024L01639

s 118..........................................

ad F2024L01639

s 119..........................................

ad F2024L01639

s 120..........................................

ad F2024L01639

s 121..........................................

ad F2024L01639

s 122..........................................

ad F2024L01639

s 123..........................................

ad F2024L01639

s 124..........................................

ad F2024L01639

s 125..........................................

ad F2024L01639

Part 6

Part 6.........................................

ad F2024L01639

Division 1

s 126..........................................

ad F2024L01639

Division 2

s 127..........................................

ad F2024L01639

s 128..........................................

ad F2024L01639

Division 3

s 129..........................................

ad F2024L01639

s 130..........................................

ad F2024L01639

s 131..........................................

ad F2024L01639

s 132..........................................

ad F2024L01639

s 133..........................................

ad F2024L01639

s 134..........................................

ad F2024L01639

s 135..........................................

ad F2024L01639

s 136..........................................

ad F2024L01639

s 137..........................................

ad F2024L01639

s 138..........................................

ad F2024L01639

s 139..........................................

ad F2024L01639

Part 7

Part 7.........................................

ad F2024L01639

s 140..........................................

ad F2024L01639

s 141..........................................

ad F2024L01639

Part 8

Part 8.........................................

ad F2024L01639

s 142..........................................

ad F2024L01639

s 143..........................................

ad F2024L01639

Part 9

Part 9.........................................

ad F2024L01639

s 144..........................................

ad F2024L01639

s 145..........................................

ad F2024L01639

Part 10

Part 3.........................................

renum F2024L01639

Part 10 (prev Part 3)

s 45............................................

renum F2024L01639

s 146 (prev s 45).........................

rs F2024L01639

s 46............................................

renum F2024L01639

s 147 (prev s 46).........................

am F2024L01639

s 148..........................................

ad F2024L01639

Part 11

Part 4.........................................

renum F2024L01639

Part 11 (prev Part 4)

s 47............................................

renum F2024L01639

s 149 (prev s 47)

s 48............................................

renum F2024L01639

s 150 (prev s 48)

Part 12

Part 4A......................................

ad F2024L00307

renum F2024L01639

Part 12 (prev Part 4A)

s 48A.........................................

ad F2024L00307

renum F2024L01639

s 151 (prev s 48A)

s 48B.........................................

ad F2024L00307

renum F2024L01639

s 152 (prev s 48B).......................

am F2024L01639

s 48C.........................................

ad F2024L00307

renum F2024L01639

s 153 (prev s 48C).......................

am F2024L01639

s 48D.........................................

ad F2024L00307

renum F2024L01639

s 154 (prev s 48D).......................

am F2024L01639

s 48E.........................................

ad F2024L00307

renum F2024L01639

s 155 (prev s 48E).......................

am F2024L01639

s 48F..........................................

ad F2024L00307

renum F2024L01639

s 156 (prev s 48F).......................

am F2024L01639

s 48G.........................................

ad F2024L00307

renum F2024L01639

s 157 (prev s 48G)

s 48H.........................................

ad F2024L00307

renum F2024L01639

s 158 (prev s 48H)

Part 13

Part 5.........................................

renum F2024L01639

Part 13 (prev Part 5)

s 49............................................

renum F2024L01639

s 159 (prev s 49)

s 50............................................

renum F2024L01639

s 160 (prev s 50)

s 161..........................................

ad F2024L01639

s 162..........................................

ad F2024L01639

s 163..........................................

ad F2024L01639

Part 14

Part 6.........................................

ad F2024L00307

renum F2024L01639

Part 14 (prev Part 6)

s 51............................................

ad F2024L00307

renum F2024L01639

s 164 (prev s 51)

s 165..........................................

ad F2024L01660

Schedule 1

Schedule 1..................................

ad F2024L01639

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