Offshore Electricity Infrastructure (Regulatory Levies) Regulations 2022 (Cth)

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Offshore Electricity Infrastructure (Regulatory Levies) Regulations 2022

made under the

Offshore Electricity Infrastructure (Regulatory Levies) Act 2021

Compilation No. 1

Compilation date:12 December 2024

Includes amendments:F2024L01639

About this compilation

This compilation

This is a compilation of the Offshore Electricity Infrastructure (Regulatory Levies) Regulations 2022 that shows the text of the law as amended and in force on 12 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 (Regulatory Levies) Regulations 2022.

3Authority

This instrument is made under the Offshore Electricity Infrastructure (Regulatory Levies) Act 2021.

4Definitions

In this instrument:

Act means the Offshore Electricity Infrastructure (Regulatory Levies) Act 2021.

commercial licence has the same meaning as in the Offshore Electricity Infrastructure Act 2021.

feasibility licence has the same meaning as in the Offshore Electricity Infrastructure Act 2021.

holder, in relation to a licence, has the same meaning as in the Offshore Electricity Infrastructure Act 2021.

licence has the same meaning as in the Offshore Electricity Infrastructure Act 2021.

licence area, in relation to a licence, has the same meaning as in the Offshore Electricity Infrastructure Act 2021.

research and demonstration licence has the same meaning as in the Offshore Electricity Infrastructure Act 2021.

transmission and infrastructure licence has the same meaning as in the Offshore Electricity Infrastructure Act 2021.

vacated area, in relation to a licence, has the same meaning as in the Offshore Electricity Infrastructure Act 2021.

Part 2Amounts of levy5Levies imposed on holders of feasibility licences

For the purposes of subsection 8(2) and section 9 of the Act, the following table sets out:

  1. (a)

    the offshore electricity infrastructure levies that are imposed on a person who is the holder of a feasibility licence; and

  2. (b)

    the amounts of those levies; and

  3. (c)

    the periods for which those levies must be paid.

Levies imposed on holders of feasibility licences

Item

Kind of levy

Period for which levy must be paid

Amount of levy

1

Annual licence levy

Each period of 12 months for which the licence is held

$120,000 plus $1,000 for each 10 km2 (or part thereof) of licence area over 100 km2

2

Annual compliance levy

Each period of 12 months for which the licence is held

$100,000 plus $5,000 for each 10 km2 (or part thereof) of licence area over 100 km2

3

Annual Commonwealth levy

Each period of 12 months for which the licence is held

$513,342

Note: A period of 12 months for which the licence is held begins on the day the licence is granted or on an anniversary of that day.

6Levies imposed on holders of commercial licences

For the purposes of subsection 8(2) and section 9 of the Act, the following table sets out:

  1. (a)

    the offshore electricity infrastructure levies that are imposed on a person who is the holder of a commercial licence; and

  2. (b)

    the amounts of those levies; and

  3. (c)

    the periods for which those levies must be paid.

Levies imposed on holders of commercial licences

Item

Kind of levy

Period for which levy must be paid

Amount of levy

1

Annual licence levy

Each period of 12 months for which the licence is held

$150,000 plus $2,000 for each 10 km2 (or part thereof) of licence area over 100 km2

2

Annual compliance levy

Each period of 12 months for which the licence is held

$300,000 plus $10,000 for each 10 km2 (or part thereof) of licence area over 100 km2

3

Annual Commonwealth levy

Each period of 12 months for which the licence is held

$295,186

Note: A period of 12 months for which the licence is held begins on the day the licence is granted or on an anniversary of that day.

7Levies imposed on holders of research and demonstration licences

For the purposes of subsection 8(2) and section 9 of the Act, the following table sets out:

  1. (a)

    the offshore electricity infrastructure levies that are imposed on a person who is the holder of a research and demonstration licence; and

  2. (b)

    the amounts of those levies; and

  3. (c)

    the periods for which those levies must be paid.

Levies imposed on holders of research and demonstration licences

Item

Kind of levy

Period for which levy must be paid

Amount of levy

1

Annual licence levy

Each period of 12 months for which the licence is held

$120,000 plus $1,000 for each 10 km2 (or part thereof) of licence area over 100 km2

2

Annual compliance levy

Each period of 12 months for which the licence is held

$100,000 plus $5,000 for each 10 km2 (or part thereof) of licence area over 100 km2

3

Annual Commonwealth levy

Each period of 12 months for which the licence is held

$295,186

Note: A period of 12 months for which the licence is held begins on the day the licence is granted or on an anniversary of that day.

8Levies imposed on holders of transmission and infrastructure licences

For the purposes of subsection 8(2) and section 9 of the Act, the following table sets out:

  1. (a)

    the offshore electricity infrastructure levies that are imposed on a person who is the holder of a transmission and infrastructure licence; and

  2. (b)

    the amounts of those levies; and

  3. (c)

    the periods for which those levies must be paid.

Levies imposed on holders of transmission and infrastructure licences

Item

Kind of levy

Period for which levy must be paid

Amount of levy

1

Annual licence levy

Each period of 12 months for which the licence is held

$120,000

2

Annual compliance levy

Each period of 12 months for which the licence is held

$100,000

3

Annual Commonwealth levy

Each period of 12 months for which the licence is held

$295,186

Note: A period of 12 months for which the licence is held begins on the day the licence is granted or on an anniversary of that day.

9Levies are imposed at start of period, and for full period

To avoid doubt:

  1. (a)

    a levy that relates to a period for which a licence is held is imposed on the person who holds the licence at the start of that period; and

  2. (b)

    subject to sections 10 (licences that cease to be in effect during payment periods) and 11 (parts of licence areas that become vacated areas during payment periods), the full amount of the levy is imposed even if the person does not intend to hold the licence for the whole period.

Note: However, if the licence ceases to be in effect, or if a part of the licence area becomes a vacated area, an amount of levy may be refunded (see section 150 of the Offshore Electricity Infrastructure Regulations 2022).

Part 3Adjusting levies10Licences that cease to be in effect during payment periods
  1. (1)

    This section applies if, during a period mentioned in Part 2 (amounts of levy), a licence:

    1. (a)

      is cancelled; or

    2. (b)

      ceases to be in force under paragraph 74(6)(a) (licence surrender) of the Offshore Electricity Infrastructure Act 2021; or

    3. (c)

      in the case of a feasibility licence—ceases to have effect under paragraph 36(4)(a) of that Act; or

    4. (d)

      otherwise ceases to be in effect.

    Note: This section does not apply merely because a licence reaches its end day (within the meaning of the Offshore Electricity Infrastructure Act 2021).

  2. (2)

    Part 2 applies as if the licence were held for the whole of the period, but the amount of levy is to be worked out on a pro rata basis by reference to the number of days in the period before the licence ceased to be in effect.

11Parts of licence areas that become vacated areas during payment periods
  1. (1)

    This section applies if:

    1. (a)

      during a period mentioned in Part 2 (amounts of levy), part of a licence’s licence area becomes a vacated area in relation to the licence (otherwise than because the licence has ceased to be in effect); and

    2. (b)

      an amount of offshore electricity infrastructure levy payable for the licence is worked out by reference to the licence area.

  2. (2)

    The amount payable by reference to the licence area is to be worked out on a pro rata basis by reference to the number of days in the period before and after the area becomes a vacated area.

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 (Regulatory Levies) Regulations 2022

31 Oct 2022 (F2022L01412)

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

Offshore Electricity Infrastructure Amendment Regulations 2024

11 Dec 2024 (F2024L01639)

Sch 1 (item 30): 12 Dec 2024 (s 2(1) item 2)

—

Endnote 4Amendment history

Provision affected

How affected

Part 1

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

rep LA s 48D

Part 2

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

am F2024L01639

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