Offshore Electricity Infrastructure (Invitation to Apply for a Feasibility Licence) Instrument (No. 1) 2023
I, Chris Bowen, Minister for Climate Change and Energy, make the following instrument.
Dated 11 July 2023
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) 2023.
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-01-2023) Declaration 2023. | |
2. Section 5 | 8 August 2023 | 8 August 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Note: This table relates only to the provisions of this instrument as originally made.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) declared area;
(b) eligible person;
(c) feasibility licence.
In this instrument:
declaration means the Offshore Electricity Infrastructure (Declared Area OEI‑01‑2023) Declaration 2023.
Declared Area OEI-01-2023 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-01-2023.
(3) Applications must be made on or before 14 November 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 Offshore Electricity Infrastructure Act 2021.
Overview
The Offshore Electricity Infrastructure (Invitation to Apply for a Feasibility Licence) Instrument (No. 1) 2023 was made under the authority of section 9 of the Offshore Electricity Infrastructure Regulations 2022 by Chris Bowen, the Minister for Climate Change and Energy. The instrument invites eligible persons to apply for feasibility licences for the development of offshore electricity infrastructure within the declared area OEI-01-2023. It was introduced to provide a structured process for the exploration and potential development of renewable energy projects in offshore areas, addressing the need for a coordinated approach to harness Australia's offshore energy resources. The instrument commenced on various dates, with specific sections coming into effect immediately after the Offshore Electricity Infrastructure (Declared Area OEI-01-2023) Declaration 2023, and applications for licences are due by 14 November 2023. This initiative aims to facilitate the transition to renewable energy by encouraging investment and development in offshore electricity infrastructure.
Scope and Application
The Offshore Electricity Infrastructure (Invitation to Apply for a Feasibility Licence) Instrument (No. 1) 2023 applies to eligible persons who wish to apply for a feasibility licence for the development of offshore electricity infrastructure in Declared Area OEI-01-2023. This area has been declared under the Offshore Electricity Infrastructure Act 2021 and encompasses specific geographic zones suitable for the generation and transmission of electricity offshore. The instrument is made under the authority of section 9 of the Offshore Electricity Infrastructure Regulations 2022 and sets out the terms and conditions under which eligible persons can apply for a feasibility licence, with applications needing to be submitted by 14 November 2023. The declared area and associated licence conditions are further specified in the Offshore Electricity Infrastructure (Declared Area OEI-01-2023) Declaration 2023, and these licences will be subject to additional conditions as outlined in section 35 of the Offshore Electricity Infrastructure Act 2021.
Key Provisions
The main sections of the Offshore Electricity Infrastructure (Invitation to Apply for a Feasibility Licence) Instrument (No. 1) 2023 (the "Instrument") invite eligible persons to apply for feasibility licences, specify the declared area for which these licences can be granted, and outline the application deadline. Section 1 establishes the name and commencement details of the Instrument, with certain provisions taking effect immediately after the commencement of the Offshore Electricity Infrastructure (Declared Area OEI-01-2023) Declaration 2023, and others coming into effect on 8 August 2023. Section 4 provides definitions relevant to the Instrument, clarifying terms such as "declaration" and "declared area" in the context of this specific instrument. Section 5 invites eligible persons to apply for feasibility licences within the specified timeframe and declared area, with Section 5(2) identifying Declared Area OEI-01-2023 as the location for potential licence grants. Section 5(3) stipulates that applications must be submitted by 14 November 2023, and Section 5(4) indicates that licences granted in the declared area will be subject to conditions outlined in section 6 of the declaration, with additional conditions provided in section 35 of the Offshore Electricity Infrastructure Act 2021.
The Instrument imposes several obligations and requirements on the parties it governs. Primarily, it mandates that eligible persons submit applications for feasibility licences by the specified deadline, as outlined in Section 5(3). The Instrument also requires that any applications for licences must comply with the conditions set forth in section 6 of the Offshore Electricity Infrastructure (Declared Area OEI-01-2023) Declaration 2023, and additionally, the terms outlined in section 35 of the Offshore Electricity Infrastructure Act 2021. Furthermore, the Instrument requires applicants to ensure that their proposed offshore electricity infrastructure projects are within the declared area, Declared Area OEI-01-2023, as specified in Section 5(2). All applicants must also adhere to any further requirements or conditions specified by the relevant authorities during the application process.
Breaches of the provisions contained within the Instrument can lead to various consequences, both civil and criminal. Under the Offshore Electricity Infrastructure Act 2021, non-compliance with the Act or the Instrument can result in administrative penalties, including fines. The specific penalties are not detailed within the Instrument but are outlined in the principal Act. Additionally, repeated or significant breaches may result in more severe consequences, including the potential revocation of any granted licences. Such revocation could have significant implications for the applicant's ability to undertake the proposed offshore electricity infrastructure project within the declared area. Furthermore, any criminal conduct related to the breach of the Act or Instrument could result in prosecution, with penalties including substantial fines and imprisonment, depending on the severity of the offence.