Offshore Electricity Infrastructure (Invitation to Apply for a Feasibility Licence) Instrument (No. 1) 2022
I, Chris Bowen, Minister for Climate Change and Energy, make the following instrument.
Dated 17/12/22
Chris Bowen
Minister for Climate Change and Energy
Contents
1 Name
2 Commencement
3 Authority
4 Definitions
5 Invitation to apply for feasibility licences
1 Name
This instrument is the Offshore Electricity Infrastructure (Invitation to Apply for a Feasibility Licence) Instrument (No. 1) 2022.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Provisions | Commencement | Date/Details |
1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table | Immediately after the commencement of the Offshore Electricity Infrastructure (Declared Area OEI-01-2022) Declaration 2022. | |
2. Section 5 | 23 January 2023 | 23 January 2023 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under section 9 of the Offshore Electricity Infrastructure Regulations 2022.
4 Definitions
Note: A number of expressions used in this instrument are defined in section 8 of the Offshore Electricity Infrastructure Act 2021, including the following:
(a) declaration;
(b) declared area
(c) eligible person;
(d) feasibility licence;
(e) management plan.
In this instrument:
declaration means the Offshore Electricity Infrastructure (Declared Area OEI‑01‑2022) Declaration 2022.
Declared Area OEI-01-2022 has the same meaning as in the declaration.
5 Invitation to apply for feasibility licences
(1) Eligible persons are invited to apply for feasibility licences.
(2) The declared area for which licences may be granted is Declared Area OEI-01-2022.
(3) Applications must be made on or before 27 April 2023.
(4) The declaration requires licences granted in the declared area to be subject to the conditions specified in section 6 of the declaration.
Note: Licences will also be subject to other conditions: see section 35 of the Act.
Overview
The Offshore Electricity Infrastructure (Invitation to Apply for a Feasibility Licence) Instrument (No. 1) 2022 was enacted to facilitate the development of offshore electricity infrastructure within designated areas, ensuring that these projects comply with regulatory requirements. The instrument was introduced to address the need for streamlined licensing processes for feasibility studies of offshore electricity projects. It was made under the authority of the Offshore Electricity Infrastructure Regulations 2022, with Chris Bowen, the Minister for Climate Change and Energy, overseeing its creation. The primary policy objective behind this instrument is to encourage the development of offshore renewable energy projects while maintaining rigorous environmental and safety standards. Eligible entities are invited to apply for feasibility licences, with applications due by 27 April 2023, and any granted licences will be subject to specific conditions outlined in the Offshore Electricity Infrastructure (Declared Area OEI-01-2022) Declaration 2022.
Scope and Application
The Offshore Electricity Infrastructure (Invitation to Apply for a Feasibility Licence) Instrument (No. 1) 2022 applies to eligible persons who wish to apply for a feasibility licence to undertake activities related to offshore electricity infrastructure in the specified declared area, which is Declared Area OEI-01-2022. This instrument is made under section 9 of the Offshore Electricity Infrastructure Regulations 2022 and commences in two stages, with sections 1 to 4 and unspecified provisions taking effect immediately after the Offshore Electricity Infrastructure (Declared Area OEI-01-2022) Declaration 2022, and section 5 coming into force on 23 January 2023. Eligible persons have until 27 April 2023 to submit their applications, which must adhere to the conditions outlined in section 6 of the declaration and any other conditions specified in section 35 of the Offshore Electricity Infrastructure Act 2021. The instrument does not detail specific exclusions or exemptions but refers to definitions in the Act and Regulations for terms such as "eligible person" and "feasibility licence." The geographic scope of the instrument is limited to the declared area specified in the 2022 declaration, indicating a targeted jurisdictional reach.
Key Provisions
The main operative sections of the Offshore Electricity Infrastructure (Invitation to Apply for a Feasibility Licence) Instrument (No. 1) 2022 (the Instrument) include the invitation for eligible persons to apply for feasibility licences (section 5(1)), the specified area for which these licences may be granted, namely Declared Area OEI-01-2022 (section 5(2)), and the deadline for applications, which is 27 April 2023 (section 5(3)). Additionally, the Instrument clarifies that licences granted in the declared area will be subject to specific conditions outlined in section 6 of the Offshore Electricity Infrastructure (Declared Area OEI-01-2022) Declaration 2022, and further conditions as specified in section 35 of the Offshore Electricity Infrastructure Act 2021.
The obligations and requirements imposed by the Instrument on the parties involved primarily revolve around the submission of applications by eligible persons. Eligible persons, as defined in the Offshore Electricity Infrastructure Act 2021, must submit their applications within the stipulated timeframe of 27 April 2023. Furthermore, any licences granted within the declared area must adhere to the specific conditions outlined in section 6 of the declaration, as well as any additional conditions specified in section 35 of the Act. These conditions likely encompass various regulatory and procedural requirements to ensure the responsible development and management of offshore electricity infrastructure within the designated area.
The Instrument does not explicitly outline specific offences or penalties for non-compliance with its provisions. However, the overarching framework provided by the Offshore Electricity Infrastructure Act 2021 and associated regulations would likely govern any breaches. Such breaches may result in civil or criminal consequences, including fines and potential revocation of licences. The exact penalties would depend on the specific nature of the breach and would be determined in accordance with the relevant provisions of the Act and any subsidiary legislation. Given the regulatory nature of the Act, penalties could be significant, reflecting the importance of compliance with the legislative requirements for the development of offshore electricity infrastructure.
In summary, the Instrument primarily invites eligible persons to apply for feasibility licences within a specified declared area by a defined deadline. It imposes clear obligations on applicants to adhere to the conditions outlined in the declaration and the Act. While the Instrument itself does not detail specific penalties for non-compliance, the broader legislative framework would impose significant consequences for any breaches, reinforcing the importance of strict adherence to the prescribed requirements.