Offshore Electricity Infrastructure (Surrender of Licence—Feasibility Licence FL-003) Instrument 2025
I, Graeme Albert Waters, Offshore Infrastructure Registrar, make the following instrument.
Dated 5 January 2026
Graeme Albert Waters
Offshore Infrastructure Registrar
Contents
1 Name
2 Commencement
3 Authority
4 Definitions
5 Surrender of Feasibility Licence FL-003..............................1
6 Repeal..................................................2
Schedule 1—Surrender area of Feasibility Licence FL-003
Schedule 2—Map of surrender area of Feasibility Licence FL-003
1 Name
This instrument is the Offshore Electricity Infrastructure (Surrender of Licence—Feasibility Licence FL-003) Instrument 2025.
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 |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | Immediately after this instrument is registered. | |
Note: This table relates only to the provisions of this instrument as originally made.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 subsection 74(5) of the Offshore Electricity Infrastructure Act 2021.
4 Definitions
Note: A number of expressions used in this instrument are defined in section 8 of the Act, including the following:
(a) feasibility licence;
(b) licence area;
(c) surrender area.
In this instrument:
Act means the Offshore Electricity Infrastructure Act 2021.
Feasibility Licence FL-003 means the feasibility licence granted on 29 April 2024 under section 33 of the Act in relation to the licence area outlined in Schedules 1 and 2 to this instrument.
5 Surrender of Feasibility Licence FL-003
For the purposes of subsection 74(5) of the Act, Feasibility Licence FL-003 is surrendered in relation to the whole of the licence area (the surrender area), set out in Schedules 1 and 2 to this instrument.
6 Repeal
For the purposes of subsection 74(5) of the Act and subsection 33(3) of the Acts Interpretation Act 1901, this instrument is repealed at the same time the Offshore Electricity Infrastructure (Declared Area OEI-01-2022) Declaration 2022 is revoked.
Schedule 1—Surrender area of Feasibility Licence FL-003
The surrender area is the whole of the licence area and is defined by a line commencing at Point P1 mentioned in the following table and running along the geodesics sequentially connecting the other points as described in the table and then along the geodesic to the point of commencement. Coordinates are provided using the GDA94 geocentric data set.
Note: For the purposes of the Act, the position on the surface of the Earth of a point, a line or an area is determined by reference to the Geocentric Datum of Australia as defined in Gazette No. 35 of 6 September 1995 (GDA94 geocentric data set). See section 159 of the Offshore Infrastructure Regulations 2022.
Point | Latitude | Longitude |
P1 | 39° 21' 43.11" S | 146° 10' 18.80" E |
P2 | 39° 29' 25.19" S | 146° 18' 4.83" E |
P3 | 39° 35' 40.00" S | 146° 18' 4.77" E |
P4 | 39° 39' 10.15" S | 146° 12' 8.20" E |
P5 | 39° 39' 40.36" S | 146° 5' 9.08" E |
P6 | 39° 35' 34.41" S | 145° 59' 28.74" E |
P7 | 39° 28' 1.99" S | 146° 2' 13.20" E |
P8 | 39° 23' 42.65" S | 146° 3' 47.19" E |
P9 | 39° 24' 15.94" S | 146° 6' 44.77" E |
P10 | 39° 21' 49.55" S | 146° 6' 44.69" E |
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Schedule 2—Map of surrender area of Feasibility Licence FL-003
Overview
The Offshore Electricity Infrastructure (Surrender of Licence—Feasibility Licence FL-003) Instrument 2025 was enacted to address the need for the formal surrender of Feasibility Licence FL-003, granted under the Offshore Electricity Infrastructure Act 2021. This instrument, made by Graeme Albert Waters, the Offshore Infrastructure Registrar, and dated 5 January 2026, facilitates the orderly transfer and relinquishment of the specified licence area. The instrument aims to ensure a clear and legally compliant process for the surrender of the licence area, thereby maintaining regulatory clarity and continuity in offshore electricity infrastructure management. It operates under the authority of the Act, and its provisions come into effect immediately after registration. The policy objective is to provide a definitive mechanism for the surrender of offshore electricity infrastructure licences, supporting the efficient administration of Australia's offshore infrastructure.
Scope and Application
The Offshore Electricity Infrastructure (Surrender of Licence—Feasibility Licence FL-003) Instrument 2025 applies to the surrender of Feasibility Licence FL-003, which was granted under the Offshore Electricity Infrastructure Act 2021. This Act governs the regulation of offshore electricity infrastructure in Australia and applies to persons or entities involved in the offshore electricity industry, specifically targeting conduct and transactions related to offshore electricity infrastructure. The instrument has a national reach, applying across all Australian jurisdictions, thereby ensuring a cohesive regulatory framework. The instrument explicitly excludes any other licences or areas not specified within its schedules. The surrender of the licence is effective across the entire licence area, which is detailed in Schedules 1 and 2 of the instrument, encompassing a defined geographical area with specific coordinates. The instrument's provisions come into effect immediately upon registration, and it is repealed concurrently with the revocation of the Offshore Electricity Infrastructure (Declared Area OEI-01-2022) Declaration 2022. Subordinate instruments may extend or further define the application of this legislation as necessary.
Key Provisions
The primary operative sections of the Offshore Electricity Infrastructure (Surrender of Licence—Feasibility Licence FL-003) Instrument 2025 (the Instrument) are sections 1 to 6. Section 1 identifies the instrument as the one that formalises the surrender of Feasibility Licence FL-003. Section 2 specifies the commencement date of the instrument, which is immediately after its registration. Section 3 outlines the authority under which the instrument is made, which is subsection 74(5) of the Offshore Electricity Infrastructure Act 2021. Section 4 provides definitions for terms used within the instrument, such as the terms "feasibility licence" and "surrender area". Section 5 formally states that Feasibility Licence FL-003 is surrendered in relation to the whole of the licence area, which is detailed in Schedules 1 and 2. Finally, section 6 details the repeal of this instrument upon the revocation of the Offshore Electricity Infrastructure (Declared Area OEI-01-2022) Declaration 2022.
The Act imposes specific obligations and requirements on the parties involved. The primary obligation under section 5 is the surrender of Feasibility Licence FL-003 in relation to the entire licence area, as defined in Schedules 1 and 2. This surrender is mandatory and must be carried out in accordance with the provisions of the Act. The Offshore Infrastructure Registrar, Graeme Albert Waters, is responsible for overseeing the surrender process. Furthermore, Schedules 1 and 2 provide detailed geographical coordinates and descriptions to define the surrender area precisely. These schedules are integral to ensuring that the licence area is accurately identified and that the surrender is properly executed.
In terms of potential offences, penalties, or consequences, the Instrument itself does not explicitly detail specific breaches or penalties. However, under the Offshore Electricity Infrastructure Act 2021, there are provisions that address non-compliance with the Act’s requirements. Typically, breaches of the Act could lead to administrative penalties, fines, or even legal actions, depending on the severity and nature of the non-compliance. While the exact penalties are not specified within the Instrument, they would be governed by the overarching Act and any relevant regulations. It is essential for the parties involved to ensure strict adherence to the Act’s provisions to avoid any adverse consequences.