Offshore Electricity Infrastructure (Regulatory Levies) Regulations 2022

Offshore Electricity Infrastructure (Regulatory Levies) Regulations 2022

made under the

Offshore Electricity Infrastructure (Regulatory Levies) Act 2021

Compilation No. 2

Compilation date: 30 June 2026

Includes amendments: F2026L00822

About this compilation

This compilation

This is a compilation of the Offshore Electricity Infrastructure (Regulatory Levies) Regulations 2022 that shows the text of the law as amended and in force on 30 June 2026 (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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

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.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

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. Any modifications affecting the law are accessible on the Register.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

Part 1—Preliminary

1 Name

3 Authority

4 Definitions

Part 2—Amounts of levy

5 Levies imposed on holders of feasibility licences

6 Levies imposed on holders of commercial licences

7 Levies imposed on holders of research and demonstration licences

8 Levies imposed on holders of transmission and infrastructure licences

9 Levies are imposed at start of period, and for full period

Part 3—Adjusting levies

10 Licences that cease to be in effect during payment periods

11 Parts of licence areas that become vacated areas during payment periods

Part 4—Application, saving and transitional provisions

Division 1—Amendments made by the Offshore Electricity Infrastructure Amendment (Reduction of Fees and Levies and Other Measures) Regulations 2026

12 Application of amendments

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name

  This instrument is the Offshore Electricity Infrastructure (Regulatory Levies) Regulations 2022.

3  Authority

  This instrument is made under the Offshore Electricity Infrastructure (Regulatory Levies) Act 2021.

4  Definitions

  In this instrument:

Act means the Offshore Electricity Infrastructure (Regulatory Levies) Act 2021.

commercial licence has the same meaning as in the Offshore Electricity Infrastructure Act 2021.

feasibility licence has the same meaning as in the Offshore Electricity Infrastructure Act 2021.

holder, in relation to a licence, has the same meaning as in the Offshore Electricity Infrastructure Act 2021.

licence has the same meaning as in the Offshore Electricity Infrastructure Act 2021.

licence area, in relation to a licence, has the same meaning as in the Offshore Electricity Infrastructure Act 2021.

research and demonstration licence has the same meaning as in the Offshore Electricity Infrastructure Act 2021.

transmission and infrastructure licence has the same meaning as in the Offshore Electricity Infrastructure Act 2021.

vacated area, in relation to a licence, has the same meaning as in the Offshore Electricity Infrastructure Act 2021.

Part 2—Amounts of levy

5  Levies imposed on holders of feasibility licences

  For the purposes of subsection 8(2) and section 9 of the Act, the following table sets out:

 (a) the offshore electricity infrastructure levies that are imposed on a person who is the holder of a feasibility licence; and

 (b) the amounts of those levies; and

 (c) the periods for which those levies must be paid.

Note: A period of 12 months for which the licence is held begins on the day the licence is granted or on an anniversary of that day.

6  Levies imposed on holders of commercial licences

  For the purposes of subsection 8(2) and section 9 of the Act, the following table sets out:

 (a) the offshore electricity infrastructure levies that are imposed on a person who is the holder of a commercial licence; and

 (b) the amounts of those levies; and

 (c) the periods for which those levies must be paid.

Note: A period of 12 months for which the licence is held begins on the day the licence is granted or on an anniversary of that day.

7  Levies imposed on holders of research and demonstration licences

  For the purposes of subsection 8(2) and section 9 of the Act, the following table sets out:

 (a) the offshore electricity infrastructure levies that are imposed on a person who is the holder of a research and demonstration licence; and

 (b) the amounts of those levies; and

 (c) the periods for which those levies must be paid.

Note: A period of 12 months for which the licence is held begins on the day the licence is granted or on an anniversary of that day.

8  Levies imposed on holders of transmission and infrastructure licences

  For the purposes of subsection 8(2) and section 9 of the Act, the following table sets out:

 (a) the offshore electricity infrastructure levies that are imposed on a person who is the holder of a transmission and infrastructure licence; and

 (b) the amounts of those levies; and

 (c) the periods for which those levies must be paid.

Note: A period of 12 months for which the licence is held begins on the day the licence is granted or on an anniversary of that day.

9  Levies are imposed at start of period, and for full period

  To avoid doubt:

 (a) a levy that relates to a period for which a licence is held is imposed on the person who holds the licence at the start of that period; and

 (b) subject to sections 10 (licences that cease to be in effect during payment periods) and 11 (parts of licence areas that become vacated areas during payment periods), the full amount of the levy is imposed even if the person does not intend to hold the licence for the whole period.

Note: However, if the licence ceases to be in effect, or if a part of the licence area becomes a vacated area, an amount of levy may be refunded (see section 150 of the Offshore Electricity Infrastructure Regulations 2022).

Part 3—Adjusting levies

10  Licences that cease to be in effect during payment periods

 (1) This section applies if, during a period mentioned in Part 2 (amounts of levy), a licence:

 (a) is cancelled; or

 (b) ceases to be in force under paragraph 74(6)(a) (licence surrender) of the Offshore Electricity Infrastructure Act 2021; or

 (c) in the case of a feasibility licence—ceases to have effect under paragraph 36(4)(a) of that Act; or

 (d) otherwise ceases to be in effect.

Note: This section does not apply merely because a licence reaches its end day (within the meaning of the Offshore Electricity Infrastructure Act 2021).

 (2) Part 2 applies as if the licence were held for the whole of the period, but the amount of levy is to be worked out on a pro rata basis by reference to the number of days in the period before the licence ceased to be in effect.

11  Parts of licence areas that become vacated areas during payment periods

 (1) This section applies if:

 (a) during a period mentioned in Part 2 (amounts of levy), part of a licence’s licence area becomes a vacated area in relation to the licence (otherwise than because the licence has ceased to be in effect); and

 (b) an amount of offshore electricity infrastructure levy payable for the licence is worked out by reference to the licence area.

 (2) The amount payable by reference to the licence area is to be worked out on a pro rata basis by reference to the number of days in the period before and after the area becomes a vacated area.

Part 4—Application, saving and transitional provisions

Division 1—Amendments made by the Offshore Electricity Infrastructure Amendment (Reduction of Fees and Levies and Other Measures) Regulations 2026

12  Application of amendments

  The amendments of this instrument made by Part 1 of Schedule 1 to the Offshore Electricity Infrastructure Amendment (Reduction of Fees and Levies and Other Measures) Regulations 2026 apply in relation to a period for which a levy must be paid that begins on or after the commencement of that Part.

Note: The period for which a levy must be paid is each period of 12 months for which a relevant licence is held. A period begins on the day the licence is granted or on an anniversary of that day.

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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

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

Endnote 3—Legislation history

Endnote 4—Amendment history