OFFSHORE ELECTRICITY INFRASTRUCTURE REGULATIONS 2022

Commonwealth Consolidated Regulations

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OFFSHORE ELECTRICITY INFRASTRUCTURE REGULATIONS 2022

- made under the Offshore Electricity Infrastructure Act 2021

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Name
3. Authority
4. Definitions

PART 2--LICENSING--SCHEME: LICENCES

Division 1--Operation of this Part

5. Operation of this Part

Division 2--Licence areas

6. Operation of this Division
7. Licence areas

Division 3--Applications for licences

Subdivision A--Operation of this Division

8. Operation of this Division

Subdivision B--Applications for feasibility licences

9. Invitations to apply for feasibility licences
10. Applications for feasibility licences
11. Applications for feasibility licences that overlap--Minister may determine overlapping application groups
11A. Overlapping applications of unequal merit
12. Registrar may invite applicants in overlapping application group to revise and resubmit applications
13. Requirements for revised applications
14. Applications for feasibility licences that overlap after opportunity to revise and resubmit--Minister may determine financial offer groups
15. Financial offers for feasibility licences
16. Procedure for dealing with financial offers

Subdivision C--Applications for other licences

17. Commercial licences
18. Research and demonstration licences--application
19. Research and demonstration licences--applications for licences that cover the same area
20. Research and demonstration licences--requirements for revised applications
21. Transmission and infrastructure licences--application
22. Transmission and infrastructure licences--applications for licences that cover the same area
23. Transmission and infrastructure licences--requirements for revised applications

Division 4--Offering and granting of licences

Subdivision A--Operation of this Division

24. Operation of this Division

Subdivision B--Considering applications

25. Additional merit criteria--national interest
26. Merit criteria--matters to be considered

Subdivision C--Offering and granting licences

27. Offer of licence
28. Granting licences
28A. Commercial licences--Minister may only grant licence if financial security requirement complied with

Division 5--Extending and varying licences

29. Operation of this Division
30. Extending the term of a licence
31. Application to vary a licence

Division 6--Licence conditions

32. Operation of this Division
33. Reports
33A. Feasibility licences--Australian supply chain and workforce analysis report

Division 7--Transferring licences

34. Operation of this Division
35. Application to transfer a licence
36. Assessment by Registrar
37. Decision by Minister

Division 8--Change in control of licence holder

38. Operation of this Division
39. Application for approval of change in control of licence holder

Division 8A--Surrendering licences

39A. Application for consent to surrender licence, and notice of surrender

Division 9--General matters

Subdivision A--Operation of this Division

40. Operation of this Division

Subdivision B--Support by Registrar

41. Request for further information
42. Advice given by the Registrar

Subdivision C--Procedural fairness

43. Proposed decision to refuse application
44. Notice of refusal decision

PART 3--LICENSING--SCHEME: MANAGEMENT OF INFRASTRUCTURE

Division 1--Operation of this Part

45. Operation of this Part

Division 2--Licence activities must comply with management plan

46. Licence activities must comply with management plan

Division 3--Application for approval of plans (including revised plans)

Subdivision A--Initial plan approva applications

47. Making an initial plan approval application
48. Requirements for application
49. Application taken to be withdrawn if further application made

Subdivision B--Plan revision approval applications

50. Making a plan revision approval application
51. Requirements for plan revision approval application
52. Application taken to be withdrawn if further application made

Subdivision C--Requirements to revise management plan and apply for approval

53. Regulator may direct licence holder to revise management plan
54. Failure to comply with direction to revise management plan
55. Proposed decision to give direction
56. Periodic plan revision approval applications
57. Exemption from periodic plan revision requirement
58. Deferral of periodic plan revision requirement
59. Regulator may determine different periodic revision day
60. Other circumstances in which licence holder must make a plan revision approval application
61. Offences of failing to make a plan revision approval application in certain circumstances

Subdivision D--Consultation

62. Operation of this Subdivision
63. Consultation--activities subject to consultation
64. Consultation--who is to be consulted
65. Consultation--manner of consultation

Division 4--Dealing with applications

Subdivision A--Operation of this Division

66. Operation of this Division

Subdivision B--Consideration of application

67. Time for making decision on application
68. Regulator may require further information
69. Regulator may require licence holder to amend and resubmit plan
70. Licence holder may withdraw application

Subdivision C--Decision on application

71. Decision to approve or refuse to approve management plan
72. Requirements for grant of application and approval of management plan
73. Matters that cannot be fully addressed because of stage of project
74. Refusal of application
75. Proposed decision to refuse application

Subdivision D--Summary of management plan

76. Licence holder must provide summary of management plan
77. Requirements for summary of management plan
78. Regulator may direct revision and resubmission of summary

Division 5--Matters that management plan must address

79. Purpose of this Division
80. Plan must describe activities and operations
81. Plan must address consultation carried out
82. Plan must describe stakeholder engagement strategy
83. Plan must include description of management system
84. Plan must address compliance with conditions of licence
85. Plan must refer to any obligations under the Environment Protection and Biodiversity Conservation Act 1999
86. Plan must include information about design notification
87. Plan must include list of relevant structures, equipment and property
88. Plan must describe maintenance of relevant structures, equipment and property
89. Plan must describe decommissioning of licence infrastructure
90. Plan must address removal of relevant structures, equipment and property, and remediation
91. Plan must address emergency management
92. Plan must address compliance with financial security requirements
93. Plan must address compliance with record - keeping requirements
94. Plan must address work health and safety

Division 6--Management plans may apply, adopt or incorporate other instruments or writing

95. Plan may apply, adopt or incorporate other instruments or writing as in force or existing from time to time

Division 7--Design notifications

96. Requirements to give design notifications
97. Voluntary design notifications
98. Contents, manner and form of design notification
99. Regulator must give feedback on design notification
100. Regulator may request further information about design notification

PART 4--FINANCIAL--SECURITY

Division 1--Operation of this Part

101. Operation of this Part

Division 2--Financial security

102. Minister may require financial security to be in a particular form
103. Financial security may be required at different times in relation to particular licence infrastructure
104. Amount of financial security that is no longer required
105. Reductions in amount of financial security
106. No other cessation or reduction of financial security obligations
107. Financial security for a transferred licence
108. Regulator may direct licence holder to arrange verification of financial security
109. Arrangements that may be treated as financial security
110. Arrangements that are not to be treated as financial security
111. Recovery of debts from financial security
112. Recovery of costs, expenses and liabilities from financial security

PART 5--SAFETY--ZONE DETERMINATIONS

Division 1--Purpose of this Part

113. Purpose of this Part

Division 2--General provisions about safety zone determinations

114. Information that a safety zone determination must include
115. When safety zone determination continues in effect

Division 3--Procedures for safety zone applications

116. Operation of this Division
117. Making a safety zone application
118. Requirements for safety zone application--application for the Regulator to make a safety zone determination
119. Requirements for safety zone application--application for the Regulator to vary or revoke a safety zone determination
120. Notification of certain safety zone applications
121. Regulator may request further information
122. Time for making decision on safety zone application
123. Applicant may withdraw safety zone application
124. Proposed decision to refuse safety zone application
125. Decision on safety zone application

PART 6--PROTECTION--ZONE DETERMINATIONS

Division 1--Purpose of this Part

126. Purpose of this Part

Division 2--General provisions about protection zone determinations

127. Determination of area of protection zone
128. Information that a protection zone determination must include

Division 3--Procedures for protection zone applications

129. Operation of this Division
130. Making a protection zone application
131. Requirements for protection zone application--application for the Regulator to make a protection zone determination
132. Requirements for protection zone application--application for the Regulator to vary or revoke a protection zone determination
133. Notification of certain protection zone applications
134. Regulator must invite submissions from the public on protection zone application
135. Time for making decision on protection zone application
136. Regulator may request further information
137. Applicant may withdraw protection zone application
138. Proposed decision to refuse protection zone application
139. Decision on protection zone application

PART 7--WORK--HEALTH AND SAFETY

140. Purposes of this Part
141. Work Health and Safety Regulations 2011 apply with modifications

PART 8--INFORMATION--RELATING TO OFFSHORE INFRASTRUCTURE

142. Requirements to keep accounts, records and other documents
143. Requirements to keep accounts, records and other documents--offence and civil penalty provisions

PART 9--COMPLIANCE--AND ENFORCEMENT

144. Civil penalty provisions
145. Infringement notices

PART 10--FEES

146. Application fees
147. Applications taken to have been made only if fee paid
148. Fees for the Regulator to perform or exercise functions or powers

PART 11--PAYMENT--OF OFFSHORE ELECTRICITY INFRASTRUCTURE LEVY

149. Payment of levy
150. Refunds of levy

PART 12--INFORMATION--RELATING TO OFFSHORE INFRASTRUCTURE

151. Meaning of general licence application information
152. Release of information by Registrar
153. Release of information about progress of application by Registrar
154. Release of information by Minister
155. Release of information about progress of application by Minister
156. Release of information in public interest
157. Meaning of commercially confidential information
158. References in this Part to the Minister

PART 13--OTHER--PROVISIONS

159. Datum provisions
160. Pre - existing infrastructure
161. Licence holder must notify Regulator of certain events
162. Licence holder must give report to the Regulator
163. Regulator may direct licence holder to give further reports

PART 14--APPLICATION--, SAVING AND TRANSITIONAL PROVISIONS

164. Application of amendments made by the Offshore Electricity Infrastructure Amendment (Information Disclosure) Regulations 2024
165. Application of amendments made by the Offshore Electricity Infrastructure Amendment (Overlapping Applications) Regulations 2024
SCHEDULE 1 Modifications of the Work Health and Safety Regulations 2011

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