Request for public submissions - Proposal to conduct offshore wind farm exploration activities

Overview

The Australian Government is currently assessing a proposal from Offshore Energy Pty Ltd (OEPL) to conduct a feasibility study for an offshore wind farm near Gippsland in south-eastern Victoria. This study would involve assessing wind resources, sea bed conditions, and environmental conditions, including the impact on marine life. Enacted under the auspices of the Department of the Environment and Energy, this proposal seeks to fill the gap in the renewable energy sector by exploring the potential for offshore wind energy, while ensuring that all relevant environmental and navigational considerations are thoroughly examined. The policy objective is to facilitate sustainable energy exploration while protecting marine ecosystems and other interests such as fisheries, defence, and native title. The Department is inviting public and industry submissions to ensure a comprehensive review of the proposal, which will inform the final decision-making process.

Scope and Application

The proposal to conduct offshore wind farm exploration activities by Offshore Energy Pty Ltd (OEPL) in Commonwealth waters off the coast of south-eastern Victoria, near Gippsland, is subject to the scrutiny and approval processes outlined within the Department of the Environment and Energy's consultation framework. This Act applies to OEPL as the entity seeking approval for the feasibility study, which includes assessing wind resources, sea bed conditions, and environmental impacts. The geographic scope of this Act is limited to the specific area of proposed offshore exploration in Commonwealth waters, necessitating collaboration between Commonwealth and State agencies to address various regulatory concerns, such as navigation, environmental protection, fisheries, defence, communications, petroleum and gas exploration, maritime safety, and native title interests. The consultation process is open to the public and industry stakeholders, inviting submissions to provide insights and raise concerns about the exploration proposal, although submissions should be restricted to the exploration phase, with potential wind farm construction being considered separately. Submissions are due by 5:00pm AEST on Tuesday, 14 November 2017, and should reference the project name "Offshore windfarm exploration proposal". This proposal highlights the need for a coordinated approach to managing offshore energy exploration activities within Australia's jurisdictional waters, ensuring that all relevant considerations are addressed before any exploration activities proceed.

Key Provisions

The primary sections of the proposal, outlined in the Gazette document, involve the assessment of an offshore wind farm feasibility study to be conducted by Offshore Energy Pty Ltd (OEPL) in Commonwealth waters near Gippsland. Section 1 details the scope of the feasibility study, which includes evaluating wind resources, sea bed conditions, and environmental impacts (Sections 2 and 3). Section 4 emphasises the collaborative approach with relevant Commonwealth and State agencies to consider various factors such as navigation, environmental and fisheries impacts, defence and communications requirements, petroleum and gas exploration activities, maritime safety, and native title interests. The Act imposes several obligations on OEPL and the Department of the Environment and Energy. Firstly, OEPL must conduct the feasibility study in accordance with the guidelines and timelines set forth in the proposal (Section 5). Secondly, the Department is required to consult with relevant agencies and consider their inputs in making a decision on the proposal (Section 6). Additionally, OEPL must ensure that all activities are carried out in a manner that minimises environmental impact and respects native title interests (Section 7). The Department is also tasked with facilitating public consultation and considering the submissions received (Section 8). The legislation does not explicitly outline specific offences or penalties for breaches related to this proposal. However, any activities conducted under the proposal must comply with existing environmental, maritime, and native title laws, which may entail civil or criminal consequences if breached. For instance, significant environmental damage could result in substantial fines or imprisonment under the Environment Protection and Biodiversity Conservation Act 1999 (Cth). Similarly, failure to respect native title interests may lead to legal action under the Native Title Act 1993 (Cth). The Department and OEPL must therefore ensure that all activities align with these legislative frameworks to avoid potential penalties.