Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act:
"acts jointly with" : for when a person acts jointly with another person, see subsection 84(2).
"applicable document" means:
(a) an application made to the Minister or the Registrar under Chapter 3 (licensing); or
(b) a document accompanying such an application; or
(c) a report, return or other document that relates to a licence or an application for a licence and was given to the Minister or the Registrar under:
(i) Chapter 3 (licensing) or 7 (information relating to offshore infrastructure); or
(ii) regulations made for the purposes of those Chapters.
"applied State and Territory provisions" : see subsection 248(2).
"applied work health and safety provisions" means the provisions of the Work Health and Safety Act, and (subject to section 243 of this Act) the regulations made under that Act, as applied by Part 1 of Chapter 6 of this Act.
"approval period" : see section 85.
"Australia" , when used in a geographical sense, includes the external Territories to which this Act extends.
Note: For the external Territories to which this Act extends, see section 5.
"Australian national" means:
(a) an Australian citizen; or
(b) a body corporate established by, or under, a law of:
(i) the Commonwealth; or
(ii) a State; or
(iii) a Territory; or
(c) the Commonwealth; or
(d) a State; or
(e) a Territory.
"Australian vessel" has the same meaning as Australian ship has in the Customs Act 1901 .
"Australia's greenhouse gas emissions reduction targets" means:
(a) if:
(i) Australia's current nationally determined contribution was communicated in accordance with Article 4 of the Paris Agreement in June 2022; and
(ii) that nationally determined contribution has not been adjusted in accordance with paragraph 11 of Article 4 of the Paris Agreement;
the greenhouse gas emissions reduction targets set out in paragraphs 10(1)(a) and (b) of the Climate Change Act 2022 ; or
(b) in any other case--the greenhouse gas emissions reduction targets included in:
(i) Australia's current nationally determined contribution communicated in accordance with Article 4 of the Paris Agreement; or
(ii) if that nationally determined contribution has been adjusted in accordance with paragraph 11 of Article 4 of the Paris Agreement--that nationally determined contribution, as adjusted and in force from time to time.
"authorised safety zone official" : see section 140.
"CEO" means the Chief Executive Officer of NOPSEMA.
Note 1: See section 176.
Note 2: NOPSEMA is the Regulator for the purposes of this Act (see section 175).
"change in control" : for when there is a change in control of a licence holder, see subsection 84(4).
"civil penalty provision" has the same meaning as in the Regulatory Powers Act.
"coastal waters" :
(a) of a State--means that part of the sea that is included in the coastal waters of the State (within the meaning of the Coastal Waters (State Powers) Act 1980 ) and includes the airspace over, and the seabed and subsoil beneath, that part of that sea; and
(b) of the Northern Territory--means that part of the sea that is included in the coastal waters of the Territory (within the meaning of the Coastal Waters (Northern Territory Powers) Act 1980 ) and includes the airspace over, and the seabed and subsoil beneath, that part of that sea.
"commercial licence" means a licence granted under section 42.
"Commonwealth offshore area" means the following areas, and the seabed and subsoil beneath those areas:
(a) the territorial sea of Australia;
(b) the exclusive economic zone;
but does not include the coastal waters of a State or the Northern Territory.
"constitutional corporation" means a corporation to which paragraph 51(xx) of the Constitution applies.
"controls" : for when a person controls a licence holder, see subsection 84(1).
"data management direction" means a direction given under subsection 263(2) or 264(2).
"datum" means a reference frame for defining geographic coordinates.
Note: If the position on the surface of the Earth of a particular point is identified by a coordinate that is determined by reference to a particular datum, the use of a different datum will result in the same point being identified by a different coordinate.
"declaration" means a declaration under section 17.
"declared area" : see subsection 17(2).
"Defence Minister" means the Minister administering section 1 of the Defence Act 1903 .
"de-identified" , in relation to personal information, has the same meaning as in the Privacy Act 1988 .
"documentary information" means information contained in an applicable document.
"do not disturb notice" : see subsection 205(2).
"eligible person" means:
(a) a body corporate that has a registered office (within the meaning of the Corporations Act 2001 ) in Australia; or
(b) a body corporate established for a public purpose by or under a law of the Commonwealth or a State or Territory.
Note: A person must be an eligible person in order to apply for a licence, and a licence that is not held by an eligible person may be cancelled.
"end day" :
(a) of a feasibility licence--has the meaning given by section 36 (subject to any extension under section 37); and
(b) of a commercial licence--has the meaning given by section 46 (subject to any extension under section 47); and
(c) of a research and demonstration licence--has the meaning given by section 55 (subject to any extension under section 56); and
(d) of a transmission and infrastructure licence--has the meaning given by section 64 (subject to any extension under section 65).
"engage in conduct" means to do an act or omit to do an act.
"enter" , when used in relation to premises that are a vessel, includes board.
"evidential material" has the same meaning as in the Regulatory Powers Act.
"exploit" , in relation to a renewable energy resource, includes:
(a) generating or obtaining a renewable energy product from the renewable energy resource; and
(b) storing, transmitting or otherwise conveying a renewable energy product generated or obtained from the renewable energy resource.
"explore" includes exploring for the existence of, or assessing or scoping the extent, capacity or attributes of, a renewable energy resource.
"feasibility licence" means a licence granted under section 33.
"Federal Court" means the Federal Court of Australia.
"fixed or tethered infrastructure" means any infrastructure, structure or installation that:
(a) rests on the seabed; or
(b) is fixed or connected to the seabed (whether or not the infrastructure, structure or installation is floating); or
(c) is attached or tethered to any other fixed or tethered infrastructure (including other fixed or tethered infrastructure covered by this paragraph);
but does not include a vessel that is temporarily moored or anchored to the seabed.
"foreign national" means a person who is not an Australian national.
"foreign vessel" means a vessel that is not an Australian vessel.
"holder" , in relation to a licence, means an eligible person to whom a licence has been:
(a) granted under Part 1 of Chapter 3; or
(b) transferred under section 70;
so long as the licence has not been cancelled under section 73, surrendered under section 74 (in respect of the whole of the licence area) or transferred to another eligible person under section 70.
"improvement notice" : see subsection 209(2).
"included offshore area" of a State or Territory: see section 247.
"infrastructure integrity" , in relation to offshore renewable energy infrastructure or offshore electricity transmission infrastructure, means the following:
(a) the ability of the infrastructure to perform in accordance with its intended purpose;
(b) the structural soundness, strength and stability of the infrastructure;
(c) the mechanical integrity and systems integrity (including the integrity of electrical, hydraulic and other systems) of the infrastructure.
"licence" means any of the following:
(a) a feasibility licence;
(b) a commercial licence;
(c) a research and demonstration licence;
(d) a transmission and infrastructure licence.
"licence area" , in relation to a licence, has the meaning given by:
(a) for a feasibility licence--subsection 33(2); and
(b) for a commercial licence--subsection 42(2); and
(c) for a research and demonstration licence--subsection 52(2); and
(d) for a transmission and infrastructure licence--subsection 61(3).
"licence holder's representative" : see subsection 201(2).
"licence infrastructure" , in relation to a licence, means offshore renewable energy infrastructure or offshore electricity transmission infrastructure that is, or is to be, constructed, installed, commissioned, operated, maintained or decommissioned in accordance with the licence.
"licensing scheme" : see subsection 29(1).
"listed WHS law" : see section 221.
"management plan" : the management plan for a licence is a plan, for the offshore infrastructure activities and other activities that are to be carried out under the licence, that has been approved by the Regulator under the licensing scheme.
Note: See section 114 (licensing scheme must provide for management plans).
"master" , in relation to a vessel, means the person having command or charge of the vessel.
"meets the merit criteria" :
(a) for when a feasibility licence meets the merit criteria , see section 34; and
(b) for when a commercial licence meets the merit criteria , see section 44; and
(c) for when a research and demonstration licence meets the merit criteria , see section 53; and
(d) for when a transmission and infrastructure licence meets the merit criteria , see section 62.
"NOPSEMA" means the National Offshore Petroleum Safety and Environmental Management Authority.
"OEI inspection" means an inspection conducted by an OEI inspector in the exercise of the OEI inspector's powers under Part 2 or 3 of the Regulatory Powers Act, as it applies under Division 3 of Part 4 of Chapter 5 of this Act.
"OEI inspector" means a person appointed as an OEI inspector under section 192.
"offshore electricity infrastructure levy" has the same meaning as in the Offshore Electricity Infrastructure (Regulatory Levies) Act 2021 .
"offshore electricity transmission infrastructure" has the meaning given by section 11.
"offshore infrastructure activity" means the construction, installation, commissioning, operation, maintenance or decommissioning of:
(a) offshore renewable energy infrastructure; or
(b) offshore electricity transmission infrastructure.
"offshore infrastructure information" has the meaning given by section 291.
"offshore infrastructure project" , in relation to a licence, means all of the following:
(a) the offshore renewable energy infrastructure or offshore electricity transmission infrastructure that is, or is to be, constructed, installed, commissioned, operated, maintained or decommissioned under the licence;
(b) any activities that are, or are to be, carried out under the licence in the licence area by or on behalf of the licence holder;
(c) any activities that this Act requires to be carried out in the licence area by or on behalf of the licence holder.
"Offshore Infrastructure Registrar Special Account" means the Offshore Infrastructure Registrar Special Account established by section 171.
"offshore premises" means any of the following:
(a) offshore renewable energy infrastructure in the Commonwealth offshore area;
(b) offshore electricity transmission infrastructure in the Commonwealth offshore area;
(c) any vessel, or other premises, in the Commonwealth offshore area that is being used or is to be used, or that has been used, for the carrying out of an activity in connection with the exercise of a licence holder's rights, or the performance of a licence holder's obligations, under this Act or the licence.
"offshore renewable energy infrastructure" has the meaning given by section 10.
"own" includes own jointly or own in part.
"Paris Agreement" means the Paris Agreement, done at Paris on 12 December 2015, as amended and in force for Australia from time to time.
Note: The Agreement is in Australian Treaty Series 2016 No. 24 ([2016] ATS 24) and could in 2022 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
"personal information" has the same meaning as in the Privacy Act 1988 .
"premises" has the same meaning as in the Regulatory Powers Act.
Note: See also subsection 197(2), which provides for an extended meaning of premises for the purposes of certain provisions of the Regulatory Powers Act.
"prohibition notice" : see subsection 207(2).
"proposed commercial offshore infrastructure project" , in relation to a feasibility licence (including an application for a feasibility licence): see paragraph 30(a).
"protection zone" means a protection zone determined by the Regulator under subsection 142(1).
"Register" means the Register of Offshore Infrastructure Licences kept under section 162.
"Registrar" means the Offshore Infrastructure Registrar.
Note: See section 153.
"Registrar's Department" means the Department of State of the Commonwealth that the Registrar is an SES employee in.
"Regulator" means NOPSEMA.
Note: See section 175.
"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .
"renewable energy product" means:
(a) electricity generated or obtained from one or more renewable energy resources; or
(b) any thing that embodies or contains energy that was generated or obtained from one or more renewable energy resources, for the purposes of storing, transmitting or using the energy.
"renewable energy resource" has the meaning given by section 13.
"research and demonstration licence" means a licence granted under section 52.
"safety zone" : see subsection 136(2).
"Secretary" means the Secretary of the Department.
"this Act" includes the regulations.
"transmission and infrastructure licence" means a licence granted under section 61.
"vacated area" , in relation to a licence (including a licence that is no longer in effect), means any area that:
(a) was at any time part of the licence area; and
(b) is no longer part of the licence area:
(i) because the licence has ceased to be in effect; or
(ii) because the licence has been varied to remove the area; or
(iii) because the licence has been extended, but the extension does not apply to the area; or
(iv) because the licence has been surrendered in respect of the area; or
(v) for any other reason;
and, in relation to a commercial licence that was granted on the basis of a particular feasibility licence, includes an area that:
(c) is a vacated area in relation to the feasibility licence; and
(d) is not part of the licence area of the commercial licence.
"vessel" means any kind of vessel used in navigation by water, however propelled or moved.
" Work Health and Safety Act" : see section 226.