Offshore Electricity Infrastructure (Invitation to Apply for a Feasibility Licence) Instrument (No. 3) 2024

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2024N00796 In force Notifiable Instrument

Legislation content

Offshore Electricity Infrastructure (Invitation to Apply for a Feasibility Licence) Instrument (No. 3) 2024

made under section 9 of the

Offshore Electricity Infrastructure Regulations 2022

Compilation No. 2

Compilation date: 30 November 2024

Includes amendments: F2024N01103

About this compilation

This compilation

This is a compilation of the Offshore Electricity Infrastructure (Invitation to Apply for a Feasibility Licence) Instrument (No. 3) 2024 that shows the text of the law as amended and in force on 30/11/2024 (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 (www.legislation.gov.au). 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.

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.

Selfrepealing 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

1  Name

3  Authority

4  Definitions

5  Invitation to apply for feasibility licences

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

1  Name

  This instrument is the Offshore Electricity Infrastructure (Invitation to Apply for a Feasibility Licence) Instrument (No. 3) 2024.

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 OEI032024) Declaration 2024.

Declared Area OEI-03-2024 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-03-2024.

 (3) Applications must be made on or before 30 January 2025.

 (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.

 

Endnotes

Endnote 1—About 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.

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 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

par = paragraph(s)/subparagraph(s)

amdt = amendment

/subsubparagraph(s)

c = clause(s)

pres = present

C[x] = Compilation No. x

prev = previous

Ch = Chapter(s)

(prev…) = previously

def = definition(s)

Pt = Part(s)

Dict = Dictionary

r = regulation(s)/rule(s)

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

effect

rs = repealed and substituted

F = Federal Register of Legislation

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LA = Legislation Act 2003

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

cannot be given effect

SubCh = SubChapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

o = order(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Offshore Electricity Infrastructure (Invitation to Apply for a Feasibility Licence) Instrument (No. 3) 2024

2 September 2024

F2024N00796

3 September 2024

-

Offshore Electricity Infrastructure (Invitation to Apply for a Feasibility Licence) Amendment Instrument (No. 1) 2024

1 October 2024

F2024N00897

2 October 2024

-

Offshore Electricity Infrastructure (Invitation to Apply for a Feasibility Licence) Amendment Instrument (No. 2) 2024

29 November 2024

F2024N01103

30 November 2024

-

 

Endnote 4—Amendment history

 

Provision affected

How affected

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

rep LA s 48D

s 5.........................................

am F2024N00897

am F2024N01103

 

Overview

The Offshore Electricity Infrastructure (Invitation to Apply for a Feasibility Licence) Instrument (No. 3) 2024 was enacted to further the objectives of the Offshore Electricity Infrastructure Regulations 2022, specifically to facilitate the development of offshore electricity infrastructure by inviting eligible persons to apply for feasibility licences within designated areas. This instrument was made under section 9 of the Offshore Electricity Infrastructure Regulations 2022 and aims to streamline the application process for feasibility licences. The declared area for which these licences may be granted is specified in the Offshore Electricity Infrastructure (Declared Area OEI-03-2024) Declaration 2024, and eligible persons are invited to submit their applications by 30 January 2025. The licences will be subject to specific conditions as outlined in the declaration and additional conditions as stipulated in the Offshore Electricity Infrastructure Act 2021.

Scope and Application

The Offshore Electricity Infrastructure (Invitation to Apply for a Feasibility Licence) Instrument (No. 3) 2024 is a legislative instrument made under section 9 of the Offshore Electricity Infrastructure Regulations 2022, and it provides an invitation for eligible persons to apply for feasibility licences within the Declared Area OEI-03-2024. This instrument applies to eligible persons who are interested in exploring the feasibility of developing offshore electricity infrastructure within the specified area. The declared area and its conditions are detailed in the Offshore Electricity Infrastructure (Declared Area OEI-03-2024) Declaration 2024. Applications for these licences must be submitted by 30 January 2025, and any granted licences will be subject to conditions outlined in both the declaration and the Offshore Electricity Infrastructure Act 2021. This legislation encompasses a specific geographic area and focuses on the feasibility stage of offshore electricity infrastructure projects, with its reach limited to those who meet the eligibility criteria and are interested in the declared area. The instrument does not explicitly outline exclusions or exemptions but relies on the definitions and conditions set out in the Offshore Electricity Infrastructure Act 2021 and the declaration. Additionally, the application and enforcement of this instrument may be further detailed or modified by subordinate instruments, which are accessible on the legislative register. Any uncommenced amendments or modifications are noted in the endnotes and can be reviewed on the legislative register for comprehensive understanding.

Key Provisions

The main operative sections of the Offshore Electricity Infrastructure (Invitation to Apply for a Feasibility Licence) Instrument (No. 3) 2024 (the Instrument) provide the framework for eligible persons to apply for feasibility licences for offshore electricity infrastructure within a specified declared area. Section 5(1) invites eligible persons to apply for these licences, while Section 5(2) specifies that the applications relate to the declared area OEI-03-2024. Section 5(3) sets a deadline for applications, requiring them to be submitted by 30 January 2025. Furthermore, Section 5(4) notes that licences granted in the declared area will be subject to the conditions outlined in section 6 of the declaration, in addition to other conditions specified under Section 35 of the Offshore Electricity Infrastructure Act 2021. The Instrument imposes several obligations and requirements on the parties involved. Primarily, eligible persons must ensure that their applications for feasibility licences are submitted by the specified deadline. They must also adhere to the conditions set forth in the declaration, which are detailed in section 6 of the declaration, and comply with the additional conditions under Section 35 of the Act. The declared area, OEI-03-2024, is central to these obligations, delineating the geographical scope within which the licences are applicable. Failure to meet the application deadline or to comply with the specified conditions could result in the application being invalid. In terms of potential consequences for breaches, the Instrument itself does not explicitly outline specific offences, penalties, or consequences for non-compliance. However, the Offshore Electricity Infrastructure Act 2021 under which this Instrument is made, may include provisions for offences and penalties. For instance, Section 35 of the Act could impose administrative or financial penalties, or other enforcement actions for non-compliance with licence conditions. Additionally, the failure to submit applications by the stipulated deadline could result in forfeiture of the right to apply for a feasibility licence. Further details on penalties and consequences would need to be examined within the context of the Act.

Legal classification tags

Instrument
Notifiable instrument
Concepts
Definitions & Interpretation
Licensing & Registration
Application, saving and transitional provisions
Catchwords
Offshore Electricity Infrastructure

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.