Offshore Electricity Infrastructure (Invitation to Apply for a Feasibility Licence) Instrument (No. 1) 2024
I, Chris Bowen, Minister for Climate Change and Energy, make the following instrument.
Dated 6 March 2024
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) 2024.
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. The whole of this instrument | Immediately after the commencement of the Offshore Electricity Infrastructure (Declared Area OEI-01-2024) Declaration 2024. | |
Note: This table relates only to the provisions of this instrument as originally made.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‑01‑2024) Declaration 2024.
Declared Area OEI-01-2024 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-01-2024.
(3) Applications must be made on or before 2 July 2024.
(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) 2024 was enacted on 6 March 2024 by Chris Bowen, the Minister for Climate Change and Energy. This instrument was made under section 9 of the Offshore Electricity Infrastructure Regulations 2022 and commenced immediately following the Offshore Electricity Infrastructure (Declared Area OEI-01-2024) Declaration 2024. The Offshore Electricity Infrastructure Act 2021 established the framework for the regulation of offshore electricity infrastructure, and this instrument aims to invite eligible persons to apply for feasibility licences within the specified declared area, OEI-01-2024. The instrument is part of the ongoing effort to facilitate the development of offshore electricity infrastructure while ensuring compliance with the conditions outlined in the declaration and the Act.
Scope and Application
The Offshore Electricity Infrastructure (Invitation to Apply for a Feasibility Licence) Instrument (No. 1) 2024 applies to eligible persons seeking to obtain a feasibility licence for offshore electricity infrastructure within the declared area specified by the Offshore Electricity Infrastructure (Declared Area OEI-01-2024) Declaration 2024. This instrument is a subordinate piece of legislation made under section 9 of the Offshore Electricity Infrastructure Regulations 2022, and its application is limited to the timeframe and conditions stipulated in the declaration and the primary Act, the Offshore Electricity Infrastructure Act 2021. The declared area for which licences may be granted is specifically identified in the declaration, and applications for these licences must be submitted by 2 July 2024. The instrument does not specify any exclusions or exemptions but refers to other conditions applicable to the licences as outlined in section 35 of the primary Act.
Key Provisions
The Offshore Electricity Infrastructure (Invitation to Apply for a Feasibility Licence) Instrument (No. 1) 2024 (the "Instrument") outlines the conditions under which eligible persons may apply for feasibility licences for offshore electricity infrastructure within a specific declared area (sections 1-5). The Instrument specifies that eligible persons are invited to apply for feasibility licences in the declared area, which is identified as Declared Area OEI-01-2024 (section 5(2)). Applications must be submitted by 2 July 2024 (section 5(3)). Any licences granted in this area will be subject to the conditions specified in section 6 of the Offshore Electricity Infrastructure (Declared Area OEI-01-2024) Declaration 2024, as well as additional conditions outlined in section 35 of the Offshore Electricity Infrastructure Act 2021 (section 5(4)).
The Instrument imposes several obligations on parties applying for feasibility licences, including ensuring that their applications are submitted by the specified deadline and that they adhere to all conditions outlined in the declaration and the Act. Eligible persons must demonstrate their suitability to apply for a licence and must provide all necessary information and documentation as required by the application process. The declaration itself sets out specific conditions that any granted licences must meet, which will form part of the legal requirements governing the operation of offshore electricity infrastructure within the declared area.
The Act and the Instrument do not explicitly outline specific offences or penalties for breaches of their provisions. However, general provisions within the Offshore Electricity Infrastructure Act 2021 and the Offshore Electricity Infrastructure Regulations 2022 provide a framework for addressing non-compliance. These may include administrative penalties, fines, or revocation of licences for serious breaches. The exact penalties would depend on the nature and severity of the breach, as well as any additional provisions or regulations that may apply. Parties are expected to adhere strictly to the conditions set out in the declaration and the Act to avoid any potential legal consequences.