Offshore Electricity Infrastructure (Invitation to Apply for a Feasibility Licence) Instrument (No. 2) 2024
I, Chris Bowen, Minister for Climate Change and Energy, make the following instrument.
13 June 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. 2) 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. 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-02-2024) Declaration 2024 | |
2. Section 5 | 17 June 2024 | 15 August 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Note: This table relates only to the provisions of this instrument as originally made.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‑02‑2024) Declaration 2024.
Declared Area OEI-02-2024 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-02-2024.
(3) Applications must be made on or before 15 August 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. 2) 2024 was made by Chris Bowen, the Minister for Climate Change and Energy, and it commenced on various dates specified in the instrument. This notifiable instrument was created under section 9 of the Offshore Electricity Infrastructure Regulations 2022 and is intended to invite eligible persons to apply for feasibility licences in relation to the declared area known as OEI-02-2024. The primary objective is to facilitate the development of offshore electricity infrastructure by inviting applications for feasibility licences in a designated area, thereby fostering innovation and investment in renewable energy projects. The instrument outlines the conditions under which these licences will be granted, ensuring that the development aligns with broader policy goals for sustainable energy infrastructure.
Scope and Application
The Offshore Electricity Infrastructure (Invitation to Apply for a Feasibility Licence) Instrument (No. 2) 2024 applies to eligible persons seeking a feasibility licence for offshore electricity infrastructure projects within the declared area known as OEI-02-2024. This instrument operates under the authority of section 9 of the Offshore Electricity Infrastructure Regulations 2022, and it provides a framework for inviting applications from entities that meet the criteria specified in the Offshore Electricity Infrastructure Act 2021. Eligible persons are required to submit their applications by 15 August 2024, and the declared area is subject to specific conditions outlined in the Offshore Electricity Infrastructure (Declared Area OEI-02-2024) Declaration 2024. Any applications submitted after this date will not be considered. The instrument commences in stages, with certain provisions taking effect immediately after the declaration, and others on specific dates as noted in the table within the instrument.
Key Provisions
The main operative sections of the Offshore Electricity Infrastructure (Invitation to Apply for a Feasibility Licence) Instrument (No. 2) 2024 establish the framework for inviting eligible persons to apply for feasibility licences for offshore electricity infrastructure within a specified declared area. Section 1 identifies the instrument and its purpose, while Section 2 outlines the commencement dates for various provisions. Section 4 provides definitions for key terms used throughout the instrument, such as "declared area" and "feasibility licence," and Section 5 invites eligible persons to apply for these licences, specifying the declared area, OEI-02-2024, and the deadline for applications, 15 August 2024.
The Act imposes several obligations and requirements on parties and entities it governs. Eligible persons are required to submit applications for feasibility licences by the stipulated deadline, 15 August 2024. These applications must be made in accordance with the conditions specified in the Offshore Electricity Infrastructure (Declared Area OEI-02-2024) Declaration 2024. The Act also mandates that any licences granted within the declared area will be subject to the specific conditions outlined in Section 6 of the declaration, as well as any other conditions stipulated in Section 35 of the Offshore Electricity Infrastructure Act 2021. Compliance with these conditions is mandatory for all licence holders.
Failure to adhere to the provisions and deadlines set out in the instrument may result in various legal consequences. While the instrument itself does not explicitly detail specific offences or penalties, it is governed by the overarching framework of the Offshore Electricity Infrastructure Act 2021. Under this Act, breaches of the conditions specified in the declaration or other statutory requirements could lead to administrative, civil, or criminal penalties. The maximum penalties for breaches may include fines, imprisonment, or both, depending on the nature and severity of the offence. It is essential for eligible persons and licence holders to fully understand and comply with all statutory requirements to avoid potential legal repercussions.