Offshore Electricity Infrastructure (Regulatory Levies) Regulations 2022

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

Legislation au F2022L01412 Regulations In force Legislative Instrument

Legislation content

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.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

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.

 

Levies imposed on holders of feasibility licences

Item

Kind of levy

Period for which levy must be paid

Amount of levy

1

Annual licence levy

Each period of 12 months for which the licence is held

$120,000 plus $1,000 for each 10 km2 (or part thereof) of licence area over 100 km2

2

Annual compliance levy

Each period of 12 months for which the licence is held

$100,000 plus $5,000 for each 10 km2 (or part thereof) of licence area over 100 km2

3

Annual Commonwealth levy

Each period of 12 months for which the licence is held

$318,920

 

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.

 

Levies imposed on holders of commercial licences

Item

Kind of levy

Period for which levy must be paid

Amount of levy

1

Annual licence levy

Each period of 12 months for which the licence is held

$150,000 plus $2,000 for each 10 km2 (or part thereof) of licence area over 100 km2

2

Annual compliance levy

Each period of 12 months for which the licence is held

$300,000 plus $10,000 for each 10 km2 (or part thereof) of licence area over 100 km2

3

Annual Commonwealth levy

Each period of 12 months for which the licence is held

$295,186

 

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.

 

Levies imposed on holders of research and demonstration licences

Item

Kind of levy

Period for which levy must be paid

Amount of levy

1

Annual licence levy

Each period of 12 months for which the licence is held

$50,000 plus $1,000 for each 10 km2 (or part thereof) of licence area over 50 km2

2

Annual compliance levy

Each period of 12 months for which the licence is held

$100,000 plus $5,000 for each 10 km2 (or part thereof) of licence area over 100 km2

3

Annual Commonwealth levy

Each period of 12 months for which the licence is held

$13,268

 

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.

 

Levies imposed on holders of transmission and infrastructure licences

Item

Kind of levy

Period for which levy must be paid

Amount of levy

1

Annual licence levy

Each period of 12 months for which the licence is held

$120,000

2

Annual compliance levy

Each period of 12 months for which the licence is held

$100,000

3

Annual Commonwealth levy

Each period of 12 months for which the licence is held

$87,214

 

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

 

ad = added or inserted

orig = original

am = amended

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court rule(s)

disallowed = disallowed by Parliament

reloc = relocated

div = Division(s)

renum = renumbered

ed = editorial change

rep = repealed

exp = expires/expired or ceases/ceased to have

rs = repealed and substituted

effect

s = section(s)/subsection(s)

gaz = gazette

/rule(s)/subrule(s)/order(s)/suborder(s)

LA = Legislation Act 2003

sch = Schedule(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md) = misdescribed amendment can be given

SR = Statutory Rules

effect

sub ch = SubChapter(s)

(md not incorp) = misdescribed amendment

sub div = Subdivision(s)

cannot be given effect

sub pt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Offshore Electricity Infrastructure (Regulatory Levies) Regulations 2022

31 Oct 2022 (F2022L01412)

1 Nov 2022 (s 2(1) item 1)

 

Offshore Electricity Infrastructure Amendment Regulations 2024

11 Dec 2024 (F2024L01639)

sch 1 (item 30): 12 Dec 2024 (s 2(1) item 2)

Offshore Electricity Infrastructure Amendment (Reduction of Fees and Levies and Other Measures) Regulations 2026

29 June 2026 (F2026L00822)

sch 1 (items 26): 30 June 2026 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

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

rep LA s 48D

Part 2

 

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

am F2026L00822

s 7.....................

am F2026L00822

s 8.....................

am F2026L00822

s 9.....................

am F2024L01639

Part 4

 

Part 4...................

ad F2026L00822

s 12....................

ad F2026L00822

 

Overview

The Offshore Electricity Infrastructure (Regulatory Levies) Regulations 2022 were enacted under the Offshore Electricity Infrastructure (Regulatory Levies) Act 2021 to address the need for a regulatory framework governing the imposition and collection of levies on offshore electricity infrastructure. These regulations were formulated by the relevant legislature to implement the provisions of the Act, which aims to ensure the sustainable development of offshore electricity infrastructure while maintaining a fair and transparent system of regulatory levies. The regulations specify the amounts of the levies to be imposed on holders of different types of offshore electricity infrastructure licences, including feasibility, commercial, research and demonstration, and transmission and infrastructure licences, and outline the payment periods and calculation methods for these levies. Additionally, the regulations address the adjustment of levies in cases where a licence ceases to be in effect or parts of a licence area become vacated during the payment period.

Scope and Application

The Offshore Electricity Infrastructure (Regulatory Levies) Regulations 2022, made under the Offshore Electricity Infrastructure (Regulatory Levies) Act 2021, apply to persons holding various types of licences related to offshore electricity infrastructure, including feasibility, commercial, research and demonstration, and transmission and infrastructure licences. These regulations outline the specific levies imposed on these licence holders, which include annual licence levies, annual compliance levies, and annual Commonwealth levies, with amounts varying based on the type of licence and size of the licence area. The application of these regulations is national in scope, affecting entities involved in offshore electricity infrastructure projects across Australia. The regulations also provide mechanisms for adjusting levies when a licence ceases to be in effect during a payment period or when parts of the licence area become vacated areas. The amendments made by the Offshore Electricity Infrastructure Amendment (Reduction of Fees and Levies and Other Measures) Regulations 2026 apply to periods for which a levy must be paid that begin on or after the commencement of the amending regulations. This includes adjustments to the amounts of the levies, effective from the dates specified in the amendment regulations. The regulations do not specify exclusions, exemptions, or thresholds, except for provisions on refund of levies if a licence ceases to be in effect or parts of the licence area become vacated areas during the payment period.

Key Provisions

The Offshore Electricity Infrastructure (Regulatory Levies) Regulations 2022 (the Regulations) are made under the Offshore Electricity Infrastructure (Regulatory Levies) Act 2021. They set out the amount of levy imposed on holders of different types of offshore electricity infrastructure licences, the periods for which these levies must be paid, and how these levies are adjusted if a licence ceases to be in effect during a payment period or if a part of the licence area becomes a vacated area during the payment period. The levies are divided into three categories: annual licence levy, annual compliance levy, and annual Commonwealth levy. The amounts of these levies depend on the type of licence held and the size of the licence area. The Regulations impose obligations on licence holders to pay the specified levies. The levies are imposed at the start of each 12-month period for which a licence is held, and the full amount of the levy is imposed, even if the licence holder does not intend to hold the licence for the whole period. If a licence ceases to be in effect during a payment period, or if a part of the licence area becomes a vacated area during the payment period, the amount of levy payable 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 or the area became a vacated area. The Regulations do not expressly set out offences, penalties, or civil or criminal consequences for breach. However, the Offshore Electricity Infrastructure (Regulatory Levies) Act 2021 provides that a person who contravenes a provision of the Act that relates to a levy is liable to pay a civil penalty not exceeding the greater of $50,000 or three times the amount of the benefit, if any, that the person gained or another person lost, as a result of the contravention. The penalty is in addition to any other penalty or punishment provided by law. The Act also provides that a court may, on the application of the Minister, declare that a person who contravenes a provision of the Act that relates to a levy has contravened an offence against the law of the Commonwealth and is liable to a fine not exceeding 10,000 penalty units ($1.7 million). The Act further provides that a person who contravenes a provision of the Act that relates to a levy is guilty of an offence and is liable to a fine not exceeding 5,000 penalty units ($850,000) if the person is an individual, or 25,000 penalty units ($4.25 million) if the person is a body corporate. These penalties apply to breaches of the Regulations as well as the Act. In summary, the Regulations set out the amount of levy imposed on holders of different types of offshore electricity infrastructure licences, the periods for which these levies must be paid, and how these levies are adjusted if a licence ceases to be in effect during a payment period or if a part of the licence area becomes a vacated area during the payment period. Licence holders are obliged to pay the specified levies, and there are civil and criminal penalties for non-compliance.

Legal classification tags

Area of Law
Environmental Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Offence Provisions
Levies
Compliance Obligations

Interactions

Authorises

All Versions

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.