a notice proposing to declare the area has been published under section 18; and

the day specified in the notice under paragraph 18(d) as the day by which submissions may be made has passed; and

the Minister has consulted:

the Defence Minister; and

(ii) the Minister administering Navigation Act 2012; andsection 1 of the

the Minister is satisfied that the area is suitable for offshore renewable energy infrastructure.

need not be continuous; and

may be all of, or part of, the area specified in the notice under paragraph 18(a).

the declared area;

any conditions under section 20 that the declaration is subject to.

the potential impacts of the construction, installation, commissioning, operation, maintenance or decommissioning of offshore renewable energy infrastructure in the area on other marine users and interests;

any submissions received in accordance with the notice under section 18;

any advice received as a result of the consultation mentioned in paragraph 17(3)(c);

Australia’s international obligations in relation to the area;

Australia’s greenhouse gas emissions reduction targets.

decide not to make a declaration; or

do either or both of the following, as the Minister thinks appropriate:

declare a part of the proposed declared area that the Minister is satisfied is suitable for offshore renewable energy infrastructure;

declare an area subject to such conditions under the Minister considers will make the declared area suitable for offshore renewable energy infrastructure.section 20 as

feasibility licences;

commercial licences;

research and demonstration licences.

to extend the period for which the declaration is to be in force, by changing the day on which the declaration ceases to have effect under subsection 21(2) to a later day;

to add an area or areas in the Commonwealth offshore area to the declared area.

a notice proposing to vary the declaration has been published under section 24; and

the day specified in the notice under paragraph 24(1)(e) as the day by which submissions may be made has passed; and

the Minister has consulted:

the Defence Minister; and

(ii) the Minister administering Navigation Act 2012; andsection 1 of the

the Minister is satisfied that the declared area, or the declared area as varied, is suitable for offshore renewable energy infrastructure.

the potential impacts of the construction, installation, commissioning, operation, maintenance or decommissioning of offshore renewable energy infrastructure in the area on other marine users and interests;

any submissions received in accordance with the notice under section 24;

any advice received as a result of the consultation mentioned in paragraph (2)(c) of this section;

Australia’s international obligations in relation to the area;

Australia’s greenhouse gas emissions reduction targets.

to remove a part of the declared area;

to make the declaration subject to any of the conditions mentioned in section 20;

to vary or omit a condition mentioned in section 20 that the declaration is subject to.

a notice proposing to vary the declaration has been published under section 24; and

the day specified in the notice under paragraph 24(1)(e) as the day by which submissions may be made has passed; and

the Minister has consulted:

the Defence Minister; and

(ii) the Minister administering Navigation Act 2012; andsection 1 of the

the Minister is satisfied that the declared area would be suitable for offshore renewable energy infrastructure if the variation were made.

the potential impacts of the construction, installation, commissioning, operation, maintenance or decommissioning of offshore renewable energy infrastructure in the area on other marine users and interests;

any submissions received in accordance with the notice under section 24;

any advice received as a result of the consultation mentioned in paragraph (2)(c) of this section;

Australia’s international obligations in relation to the area;

Australia’s greenhouse gas emissions reduction targets.

the variation applies in relation to an extension of the end day of a pre-existing licence in the same way as it applies to the granting of a licence; and

the variation applies in relation to the granting, after the variation is made, of a commercial licence in respect of a feasibility licence that is a pre-existing licence; and

subsection (5) does not prevent the Minister varying a pre-existing licence under a provision of Chapter 3 to impose, vary or revoke a condition of the licence in a way that is consistent with the variation of the declaration.

identifies the declaration that is proposed to be varied; and

specifies the proposed variation; and

invites submissions from the public on the proposal; and

specifies how submissions may be made; and

specifies the day by which submissions may be made (which must be at least 30 days after the day the notice is published); and

includes any other information that the Minister considers appropriate.

a notice proposing to revoke the declaration has been published under section 27; and

the day specified in the notice under paragraph 27(1)(d) as the day by which submissions may be made has passed; and

one or more of the following applies:

the Minister becomes aware of circumstances which the Minister considers justify the revocation;

the Minister is satisfied that the declared area is no longer suitable for offshore renewable energy infrastructure, and could not be made suitable by a variation under section 23;

the Minister is satisfied that circumstances specified in the declaration under subsection 20(6) apply.

must have regard to any submissions received in accordance with the notice under section 27; and

must have regard to Australia’s international obligations in relation to the declared area; and

must have regard to Australia’s greenhouse gas emissions reduction targets; and

may have regard to any other matters that the Minister considers relevant.

identifies the declaration that is proposed to be revoked; and

invites submissions from the public on the proposal; and

specifies how submissions may be made; and

specifies the day by which submissions may be made (which must be at least 30 days after the day the notice is published); and

includes any other information that the Minister considers appropriate.

applications for licences; and

the offering and granting of licences; and

transfers of licences; and

changes in control of licence holders; and

management plans; and

any other matters that this Act provides for the licensing scheme to deal with.

there is a management plan for the licence; and

the construction, installation, commissioning, operation, maintenance or decommissioning is carried out in accordance with the management plan and the conditions of the licence; and

the licence holder is in compliance with sections 117 and 118 (financial security).

eligible persons to be invited to apply for feasibility licences; and

eligible persons to apply for feasibility licences; and

applications for feasibility licences to be considered; and

the Minister to offer to grant feasibility licences.

the Minister to invite eligible persons that have applied for feasibility licences to submit financial offers in relation to their applications; and

the Minister to decide which applicant or applicants to offer to grant licences to on the basis of their financial offers; and

such a licence to be granted only if the amount of the financial offer is paid to the Commonwealth.

the eligible person applies for the licence under the licensing scheme; and

the area is a declared area, or a part of a declared area, under a declaration at the time the licence is granted; and

the Minister is satisfied that granting the licence would be consistent with any conditions that apply to the declaration; and

the area meets the requirements in subsection (4); and

the Minister is satisfied that the licence meets the merit criteria; and

any other requirements prescribed by the licensing scheme are met.

specify the licence area; and

state the day on which the licence comes into force; and

state the end day of the licence; and

specify the conditions that are to apply to the licence; and

include any other matters prescribed by the licensing scheme; and

be given in accordance with the licensing scheme.

must be continuous; and

must not include any part of the licence area of any other feasibility licence or commercial licence; and

must not exceed the maximum area prescribed by the licensing scheme; and

must be entirely within the Commonwealth offshore area at the time the licence is granted.

the eligible person is likely to have, or be able to arrange to have, the technical and financial capability to carry out the proposed commercial offshore infrastructure project for the feasibility licence; and

the proposed commercial offshore infrastructure project is likely to be viable; and

the eligible person is suitable to hold the licence; and

any criteria prescribed by the licensing scheme are satisfied.

matters that may or must be considered in any decision under this Act about whether a feasibility licence meets the merit criteria; and

the suitability of an eligible person to hold a feasibility licence to be assessed with regard to the suitability of other persons (including another person that controls the eligible person); and

procedures for making decisions under this Act about whether a feasibility licence meets the merit criteria.

a condition that the licence holder must comply with any requirement to pay an amount of offshore electricity infrastructure levy;

if the declaration that applies to the licence area requires the licence to be subject to conditions—those conditions;

any conditions prescribed by the licensing scheme;

a condition that the following people must comply with the management plan for the licence, if there is one:

the licence holder;

any other person carrying out activities under this Act or the licence on behalf of the licence holder;

any conditions imposed on the licence under:

subsection (2); or

subsection 38(1).

the day on which the licence is granted; or

if a later day is specified under paragraph 33(3)(b) as the day on which the licence comes into force—that later day.

However, this subsection does not limit an extension of a feasibility licence under provisions of the licensing scheme made for the purposes of section 37.

in a case where the licence area of the commercial licence is the whole of the licence area of the feasibility licence (including any vacated area)—the feasibility licence ceases to have effect when the commercial licence takes effect; or

(b) in any other case—the end day of the feasibility licence (in respect of the whole of the licence area of the feasibility licence) is the day the commercial licence comes into force.

the Minister to extend the end day of a feasibility licence:

on the application of the licence holder; or

on the Minister’s own initiative;

such an extension to be in respect of only part of the licence area (as long as this does not result in the part of the licence area that has not reached the end day being non-continuous).

impose a condition on the licence; or

vary or revoke a condition imposed on the licence under paragraph (a) or subsection 35(2); or

remove one or more areas from the licence area.

the variation is made at the same time as:

the Minister extends the end day of the licence under a provision of the licensing scheme made for the purposes of section 37, if the extension is made as a result of an application by the licence holder; or

the Minister makes a decision to transfer the licence under subsection 70(1); or

the Minister makes another variation under this section as a result of an application by the licence holder; or

the Minister becomes aware that there has been a change in control of the licence holder, and the variation is made in connection with that change in control.

the licence holder has not carried out any offshore infrastructure activities in the area; and

the Minister is satisfied that the licence holder does not intend to carry out any offshore infrastructure activities in the area under the licence or under a commercial licence; and

the removal does not result in the remaining licence area being non-continuous.

there is a management plan for the licence; and

the construction, installation, commissioning, operation, maintenance or decommissioning is carried out in accordance with the management plan and the conditions of the licence; and

the licence holder is in compliance with sections 117 and 118 (financial security).

an application under subsection (1) to be made; and

such an application to be considered; and

the Minister to offer to grant a commercial licence in response to such an application.

the eligible person holds a feasibility licence; and

the eligible person applies for the commercial licence under the licensing scheme; and

the area is a declared area, or a part of a declared area, under a declaration at the time the licence is granted; and

the Minister is satisfied that granting the licence would be consistent with any conditions that apply to the declaration; and

the area meets the requirements in subsection (4); and

the Regulator has, under the licensing scheme, approved a management plan for the commercial licence; and

the Minister is satisfied that granting the licence would be consistent with any conditions of the feasibility licence that relate to the granting of a commercial licence in relation to the feasibility licence; and

the Minister is satisfied that either:

the offshore infrastructure project to be carried out under the licence is substantially similar to the proposed commercial offshore infrastructure project described, under subsection 32(2), in the application for the feasibility licence; or

if subparagraph (i) does not apply—the offshore infrastructure project to be carried out under the licence is appropriate, having regard to the matters in subsection (5); and

the Minister is satisfied that the licence meets the merit criteria; and

any other requirements prescribed by the licensing scheme are met.

specify the licence area; and

state the day on which the licence comes into force; and

state the end day of the licence; and

specify the conditions that are to apply to the licence; and

include any other matters prescribed by the licensing scheme; and

be given in accordance with the licensing scheme.

must be continuous; and

must not include any part of the licence area of any other commercial licence or feasibility licence; and

must not exceed the maximum area prescribed by the licensing scheme; and

must be entirely within the Commonwealth offshore area at the time the licence is granted; and

must consist of, or be entirely within, the licence area of the feasibility licence referred to in paragraph (1)(a).

the nature and scale of the offshore infrastructure project to be carried out under the licence;

any other activities that could be carried out in the licence area if the licence was not granted;

any matters prescribed by the licensing scheme;

any other matters the Minister considers relevant.

an eligible person that holds a feasibility licence has applied for the Minister to grant a commercial licence; and

the Minister is considering whether to grant the commercial licence.

conduct specified kinds of consultations in relation to the application;

prepare a revised management plan for the commercial licence and apply to the Regulator, under the licensing scheme, for the Regulator to approve the revised management plan;

anything else in relation to the application that the Minister thinks fit.

the eligible person has the technical and financial capability to carry out the offshore infrastructure project that is to be carried out under the licence; and

the offshore infrastructure project is likely to be viable; and

the eligible person is suitable to hold the licence; and

any criteria prescribed by the licensing scheme are satisfied.

matters that may or must be considered in any decision under this Act about whether a commercial licence meets the merit criteria; and

the suitability of an eligible person to hold a commercial licence to be assessed with regard to the suitability of other persons (including another person that controls the eligible person); and

procedures for making decisions under this Act about whether a commercial licence meets the merit criteria; and

how subsection (1) is to be applied to an offshore infrastructure project that has begun to be, or is being, carried out.

a condition that the licence holder must comply with any requirement to pay an amount of offshore electricity infrastructure levy;

if the declaration that applies to the licence area requires the licence to be subject to conditions—those conditions;

any conditions prescribed by the licensing scheme;

a condition that the following people must comply with the management plan for the licence:

the licence holder;

any other person carrying out activities under this Act or the licence on behalf of the licence holder;

any conditions imposed on the licence under:

subsection (2); or

subsection 48(1).

the day on which the licence is granted; or

if a later day is specified under paragraph 42(3)(b) as the day on which the licence comes into force—that later day.

However, this subsection does not limit an extension of a commercial licence under provisions of the licensing scheme made for the purposes of section 47.

the holder of a commercial licence to apply to the Minister to extend the end day of the licence;

procedures for the Minister to decide whether or not to grant such an extension;

such an extension to be granted in respect of the whole licence area, or a part of the licence area (as long as this does not result in the part of the licence area that has not reached the end day being non-continuous);

more than one such extension to be granted in respect of a particular licence.

impose a condition on the licence; or

vary or revoke a condition imposed on the licence under paragraph (a) or subsection 45(2); or

remove one or more areas from the licence area.

the variation is made at the same time as:

the Minister extends the end day of the licence under a provision of the licensing scheme made for the purposes of section 47, if the extension is made as a result of an application by the licence holder; or

the Minister makes a decision to transfer the licence under subsection 70(1); or

the Minister makes another variation under this section as a result of an application by the licence holder; or

the Minister becomes aware that there has been a change in control of the licence holder, and the variation is made in connection with that change in control.

the licence holder has not carried out any offshore infrastructure activities in the area; and

the Minister is satisfied that the licence holder does not intend to carry out any offshore infrastructure activities in the area under the licence; and

the removal does not result in the remaining licence area being non-continuous.

there is a management plan for the licence; and

the construction, installation, commissioning, operation, maintenance or decommissioning is carried out in accordance with the management plan and the conditions of the licence; and

the licence holder is in compliance with sections 117 and 118 (financial security).

eligible persons to apply for research and demonstration licences; and

applications for research and demonstration licences to be considered; and

the Minister to offer to grant research and demonstration licences.

the eligible person applies for the licence under the licensing scheme; and

the area is a declared area, or a part of a declared area, under a declaration at the time the licence is granted; and

the Minister is satisfied that granting the licence would be consistent with any conditions that apply to the declaration; and

the area meets the requirements in subsection (4); and

if the area includes any part of the licence area of another licence—the Minister is satisfied that any activities carried out in accordance with the proposed licence would not unduly interfere with the activities of the holder of the other licence; and

the Minister is satisfied that the licence meets the merit criteria; and

any other requirements prescribed by the licensing scheme are met.

specify the licence area; and

state the day on which the licence comes into force; and

state the end day of the licence; and

specify the conditions that are to apply to the licence; and

include any other matters prescribed by the licensing scheme; and

be given in accordance with the licensing scheme.

must be continuous; and

must be entirely within the Commonwealth offshore area at the time the licence is granted.

the eligible person has the technical and financial capability to carry out the offshore infrastructure project that is proposed to be carried out under the licence; and

the offshore infrastructure project is likely to be viable; and

the eligible person is suitable to hold the licence; and

any criteria prescribed by the licensing scheme are satisfied.

matters that may or must be considered in any decision under this Act about whether a research and demonstration licence meets the merit criteria; and

the suitability of an eligible person to hold a research and demonstration licence to be assessed with regard to the suitability of other persons (including another person that controls the eligible person); and

procedures for making decisions under this Act about whether a research and demonstration licence meets the merit criteria; and

how subsection (1) is to be applied to an offshore infrastructure project that has begun to be, or is being, carried out.

a condition that the licence holder must comply with any requirement to pay an amount of offshore electricity infrastructure levy;

if the declaration that applies to the licence area requires the licence to be subject to conditions—those conditions;

any conditions prescribed by the licensing scheme;

a condition that the following people must comply with the management plan for the licence, if there is one:

the licence holder;

any other person carrying out activities under this Act or the licence on behalf of the licence holder;

any conditions imposed on the licence under:

subsection (2); or

subsection 57(1).

the day on which the licence is granted; or

if a later day is specified under paragraph 52(3)(b) as the day on which the licence comes into force—that later day.

However, this subsection does not limit an extension of a research and demonstration licence under provisions of the licensing scheme made for the purposes of section 56.

the Minister to extend the end day of a research and demonstration licence:

on the application of the licence holder; or

on the Minister’s own initiative;

such an extension to be in respect of only part of the licence area (as long as this does not result in the part of the licence area that has not reached the end day being non-continuous);

more than one such extension to be granted in respect of a particular licence.

impose a condition on the licence; or

vary or revoke a condition imposed on the licence under paragraph (a) or subsection 54(2); or

remove one or more areas from the licence area.

the variation is made at the same time as:

the Minister extends the end day of the licence under a provision of the licensing scheme made for the purposes of section 56, if the extension is made as a result of an application by the licence holder; or

the Minister makes a decision to transfer the licence under subsection 70(1); or

the Minister makes another variation under this section as a result of an application by the licence holder; or

the Minister becomes aware that there has been a change in control of the licence holder, and the variation is made in connection with that change in control.

the licence holder has not carried out any offshore infrastructure activities in the area; and

the Minister is satisfied that the licence holder does not intend to carry out any offshore infrastructure activities in the area under the licence; and

the removal does not result in the remaining licence area being non-continuous.

there is a management plan for the licence; and

the construction, installation, commissioning, operation, maintenance or decommissioning is carried out in accordance with the management plan and the conditions of the licence; and

the licence holder is in compliance with sections 117 and 118 (financial security).

eligible persons to apply for transmission and infrastructure licences; and

applications for transmission and infrastructure licences to be considered; and

the Minister to offer to grant transmission and infrastructure licences.

the eligible person applies for the licence under the licensing scheme; and

if the licence would authorise activities in any part of the licence area of another licence—the Minister is satisfied that any activities carried out in accordance with the proposed licence would not unduly interfere with the activities of the holder of the other licence; and

the Minister is satisfied that the licence meets the merit criteria; and

any other requirements prescribed by the licensing scheme are met.

specify the licence area; and

state the day on which the licence comes into force; and

state the end day of the licence; and

specify the conditions that are to apply to the licence; and

include any other matters prescribed by the licensing scheme; and

be given in accordance with the licensing scheme.

the eligible person has the technical and financial capability to carry out the offshore infrastructure project that is proposed to be carried out under the licence; and

the offshore infrastructure project is likely to be viable; and

the eligible person is suitable to hold the licence; and

any criteria prescribed by the licensing scheme are satisfied.

matters that may or must be considered in any decision under this Act about whether a transmission and infrastructure licence meets the merit criteria; and

the suitability of an eligible person to hold a transmission and infrastructure licence to be assessed with regard to the suitability of other persons (including another person that controls the eligible person); and

procedures for making decisions under this Act about whether a transmission and infrastructure licence meets the merit criteria; and

how subsection (1) is to be applied to an offshore infrastructure project that has begun to be, or is being, carried out.

a condition that the licence holder must comply with any requirement to pay an amount of offshore electricity infrastructure levy;

any conditions prescribed by the licensing scheme;

a condition that the following people must comply with the management plan for the licence, if there is one:

the licence holder;

any other person carrying out activities under this Act or the licence on behalf of the licence holder;

any conditions imposed on the licence under:

subsection (2); or

subsection 66(1).

the holder of a transmission and infrastructure licence to apply to the Minister to extend the end day of the licence;

procedures for the Minister to decide whether or not to grant such an extension;

such an extension to be granted in respect of the whole licence area, or a part of a licence area;

more than one such extension to be granted in respect of a particular licence.

impose a condition on the licence; or

vary or revoke a condition imposed on the licence under paragraph (a) or subsection 63(2); or

remove one or more areas from the licence area.

the variation is made at the same time as:

the Minister extends the end day of the licence under a provision of the licensing scheme made for the purposes of section 65, if the extension is made as a result of an application by the licence holder; or

the Minister makes a decision to transfer the licence under subsection 70(1); or

the Minister makes another variation under this section as a result of an application by the licence holder; or

the Minister becomes aware that there has been a change in control of the licence holder, and the variation is made in connection with that change in control.

the licence holder has not carried out any offshore infrastructure activities in the area; and

the Minister is satisfied that the licence holder does not intend to carry out any offshore infrastructure activities in the area under the licence.

an application under subsection (2) to be made; and

the Minister to consider such an application.

an application for the transfer is made under section 69; and

the Minister is satisfied that the licence would meet the merit criteria if it were held by the transferee; and

the Minister is satisfied that the transferee will be able to comply with sections 117 and 118 (financial security), subject to section 72, in relation to the licence; and

any other requirements prescribed by the licensing scheme are satisfied.

the transferor ceases to be the holder of the licence; and

the transferee begins to be the holder of the licence.

there is a management plan for the licence; and

(b) an application has been made under transferor) to another eligible person (the transferee); andsection 69 for the licence to be transferred from the licence holder (the

any of the following apply:

the Minister is considering whether to transfer the licence;

the Minister has decided to transfer the licence;

the transfer has occurred.

the transferor; and

the transferee;

to comply with sections 117 and 118 (financial security) in relation to the licence.

to cease, in whole or part, after the transferee has complied with equivalent obligations; or

to continue, in whole or part, for any period during which the licence remains in force (including as a result of an extension of the end day of the licence under this Chapter).

the licence holder has failed to comply with a condition of the licence; or

the licence holder has contravened a provision of this Act, or the applied work health and safety provisions; or

the licence does not meet the merit criteria; or

the licence holder has failed to commence activities under the licence within a reasonable time; or

the licence holder is not an eligible person; or

a person has contravened subsection 91(1) (notification of change in circumstances), 95(1) (change in control must be approved by Registrar), 96(1) (notification of change in control without approval) or 108(1) (avoidance of change in control provisions) in relation to the licence.

Consultation

by written notice to the licence holder, give at least 30 days notice of the Minister’s intention to make the decision; and

give a copy of the notice to such other persons (if any) as the Minister thinks fit.

set out the grounds for cancelling the licence; and

invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the Minister about the proposal; and

specify a time limit for making that submission.

Making a decision on cancellation

any action taken by the licence holder:

to address the circumstances that give rise to the grounds for cancelling the licence; or

to prevent the recurrence of similar circumstances; and

any submissions made as mentioned in paragraph (3)(b).

Notice and effect of cancellation

specify the surrender area; and

set out the reasons for the surrender; and

set out how each of the requirements in subsection (3) has been met.

(a) the licence holder has paid all fees and amounts due and payable under this Act or the Offshore Electricity Infrastructure (Regulatory Levies) Act 2021, or has made arrangements for the payment of those fees and amounts that are satisfactory to:

for a fee charged by the Regulator on behalf of the Commonwealth—the Regulator; or

for any other amount—the Registrar; and

the licence holder is in compliance with all of the conditions of the licence; and

the licence holder is in compliance with any other obligations under this Act in relation to the licence or the surrender area; and

if there is a management plan for the licence—the licence holder is in compliance with any requirements that, under the management plan, must be complied with for the licence to be surrendered; and

the licence holder has either:

to the satisfaction of the Regulator, removed or caused to be removed from the surrender area all equipment or other property brought into the surrender area by any person engaged or concerned in the activities authorised by the licence; or

made arrangements that are satisfactory to the Regulator in relation to that equipment or property; and

the licence holder has, to the satisfaction of the Regulator, made good any damage to the seabed or subsoil, or any other environmental damage, in the Commonwealth offshore area (whether inside or outside the surrender area) caused by any person engaged or concerned in the activities authorised by the licence; and

if the surrender area is a part of the licence area, and the licence is not a transmission and infrastructure licence—the remaining licence area would be continuous.

if the surrender relates to the whole of the licence area—the licence ceases to be in force; or

if the surrender relates to part of the licence area—that part ceases to be part of the licence area.

the person is a licence holder; and

the person carries out activities in the Commonwealth offshore area under or for the purposes of the licence; and

those activities interfere with:

navigation; or

(ii) the exercise of native title rights and interests (within the meaning of the Native Title Act 1993); or

fishing; or

the conservation of the resources of the sea or the seabed; or

(v) any activities being carried on by another person in accordance with the Offshore Petroleum and Greenhouse Gas Storage Act 2006; or

any other activities being lawfully carried on by another person; and

the interference is greater than is necessary for:

the reasonable exercise of the person’s rights under this Act or the licence; or

the performance of the person’s obligations under this Act or the licence.

Strict liability offence

the first person is a licence holder; and

another person carries out activities in the Commonwealth offshore area on behalf of the licence holder, or under an arrangement with the licence holder; and

those activities interfere with:

navigation; or

(ii) the exercise of native title rights and interests (within the meaning of the Native Title Act 1993); or

fishing; or

the conservation of the resources of the sea or the seabed; or

(v) any activities being carried on by another person in accordance with the Offshore Petroleum and Greenhouse Gas Storage Act 2006; or

any other activities that someone else is lawfully carrying out; and

the interference is greater than is necessary for:

the reasonable exercise of the first person’s rights under this Act or the licence; or

the performance of the first person’s obligations under this Act or the licence.

Strict liability offence

paragraph 35(1)(a) (feasibility licences—requirement to pay offshore electricity infrastructure levy); or

paragraph 45(1)(a) (commercial licences—requirement to pay offshore electricity infrastructure levy); or

paragraph 54(1)(a) (research and demonstration licences—requirement to pay offshore electricity infrastructure levy); or

paragraph 63(1)(a) (transmission and infrastructure licences—requirement to pay offshore electricity infrastructure levy).

section 117 or 119 (financial security); or

regulations made for the purposes of section 117 or 119; or

a provision of a management plan that relates to the obligations of a licence holder under section 117, 118 or 119; or

a provision of the licensing scheme made for the purposes of subsection 32(3) (financial offers for feasibility licences).

(a) a licence has been granted on the basis that an area (the first area) is within the Commonwealth offshore area; and

as a result of a change to the boundary of the coastal waters of a State or Territory, the first area:

ceases to be within the Commonwealth offshore area; and

falls within the coastal waters of the State or Territory;

this Act applies in relation to the licence as if the first area were still within the Commonwealth offshore area.

continues to apply to the first area only:

while the licence remains in force; or

in relation to remediation or decommissioning in the first area after the licence ceases to be in force; and

does not apply in relation to an extension of the end day of the licence; and

if the licence is a feasibility licence—does not apply in relation to an application for a commercial licence in respect of the licence area.

holds the power to exercise, or control the exercise of, 20% or more of the voting rights in the licence holder; or

holds, or holds an interest in, 20% or more of the issued securities in the licence holder.

(a) one or more persons (an original controller) control the licence holder at a particular time; and

either:

one or more other persons begin to control the licence holder (whether alone or together with one or more other persons the person acts jointly with) after that time; or

an original controller (whether alone or together with one or more other persons the person acts jointly with) ceases to control the licence holder after that time.

to approve the change in control; or

to refuse to approve the change in control.

the Regulator; or

the Minister.

must have regard to whether the licence would, if the change in control occurred, meet the merit criteria; and

must have regard to any matters prescribed by the licensing scheme; and

may have regard to the following matters:

matters raised in consultations (if any) under subsection (3);

matters prescribed by the licensing scheme;

any other matters the Registrar considers relevant.

an application is made for approval of a change in control of a licence holder under section 86; and

the person proposes to:

begin to control the licence holder; or

cease to control the licence holder; and

there is a change in circumstances in relation to the person that materially affects any of the matters the Registrar must have regard to under subsection 87(4); and

the change in circumstances occurs either:

before the Registrar makes a decision under subsection 87(2); or

if the change in control is approved—during the approval period for the change in control; and

the person does not notify the Registrar of the matters in paragraph (c) as soon as practicable after the change in circumstances occurs.

Civil penalty provision

there is a change in the circumstances of a person who is approved to:

begin to control the licence holder; or

cease to control the licence holder; and

the Registrar considers it appropriate to revoke the approval.

Notice of revocation

the Registrar approves a change in control of a licence holder; and

the change in control takes effect within the approval period for the change in control; and

the person given notice of the approval of the change in control does not notify the Registrar of the matter in paragraph (b) within 10 days after the end of the approval period.

Civil penalty provision

the date of any application made under section 86;

the date of any decision made under subsection 87(2);

the date the change in control took effect.

there is a change in control of a licence holder; and

the person:

begins to control the licence holder; or

ceases to control the licence holder; and

either:

the Registrar has not approved the change in control; or

the Registrar has approved the change in control, but the change in control took effect after the end of the approval period for the change in control.

Fault-based offence

there is a change in control of a licence holder; and

the person:

begins to control the licence holder; or

ceases to control the licence holder; and

either:

the Registrar has not approved the change in control; or

the Registrar has approved the change in control, but the change in control took effect after the end of the approval period for the change in control; and

the person does not notify the Registrar of the change in control within 30 days of the change taking effect.

Civil penalty provision

the person is a licence holder; and

there is a change in control of the licence holder; and

either:

the Registrar has not approved the change in control; or

the Registrar has approved the change in control, but the change in control took effect after the end of the approval period for the change in control; and

the licence holder knows or ought reasonably to know the change in control has taken effect; and

the licence holder does not notify the Registrar of the change in control within 30 days of the change taking effect.

Civil penalty provision

one of the following applies:

the Registrar reasonably believes that there has been, or that there will be, a change in control of a licence holder;

an application is made under section 86 for an approval of a change in control of a licence holder;

the approval period for the change in control of a licence holder has not ended and the Registrar reasonably believes that there has been, or will be, a change in the circumstances of a person approved to begin to control the licence holder or cease to control the licence holder; and

the Registrar reasonably believes that a person has information or a document, or is capable of giving evidence, that is relevant to the matter in subparagraph (a)(i), (ii) or (iii).

Requirement

to give the Registrar, within the period and in the manner specified in the notice, any such information; or

to produce to the Registrar, within the period and in the manner specified in the notice, any such documents; or

if the person is an individual—to appear before the Registrar at a time and place specified in the notice to:

give any such evidence, either orally or in writing; and

produce any such documents; or

if the person is a body corporate—to cause a competent officer of the body to appear before the Registrar at a time and place specified in the notice to:

give any such evidence, either orally or in writing; and

produce any such documents.

section 99 (about compliance with the notice);

section 104 (about giving false or misleading information);

section 105 (about giving false or misleading documents);

section 106 (about giving false or misleading evidence).

the person is given a notice under subsection 98(2); and

the person engages in conduct; and

the person’s conduct breaches the notice.

Fault-based offence

the information or evidence given or the document produced; and

the giving of the information or evidence or the production of the document; and

any information, document or thing obtained as a direct or indirect consequence of the giving of the information or evidence or the production of the document;

are not admissible in evidence against the individual in any criminal proceedings, other than:

proceedings for an offence against subsection 99(2) or section 104, 105 or 106; or

(e) proceedings for an offence against Criminal Code that relates to this Division.section 137.1 or 137.2 of the

holds the power to exercise, or control the exercise of, 20% or more of the voting rights in:

(i) a corporation (higher party); or

(ii) a partnership (a general partner of which is a higher party); or

(b) holds, or holds an interest in, 20% or more of the issued securities in a corporation (higher party); or

(c) holds 20% or more of the interests in:

(i) a trust (a trustee of which is a higher party); or

(ii) a partnership (a general partner of which is a higher party);

including because of one or more applications of this section, and:

the higher party (whether alone or together with one or more other persons the person acts jointly with) holds the power to exercise, or control the exercise of, 20% or more of the voting rights in:

(i) a corporation (lower party); or

(ii) a partnership (lower party) other than the partnership mentioned in subparagraph (a)(ii) or subparagraph (c)(ii) (if either of those subparagraphs apply); or

(e) the higher party holds, or holds an interest in, 20% or more of the issued securities in a corporation (lower party); or

the higher party holds 20% or more of the interests in:

(i) a trust (lower party); or

(ii) a partnership (lower party) other than the partnership mentioned in subparagraph (a)(ii) or subparagraph (c)(ii) (if either of those subparagraphs apply).

the beneficial interest in the income or property of the trust; or

the interest in units in a unit trust.

if paragraph (1)(d) applies, the person is taken to hold the power to exercise, or control the exercise of, the voting rights in the lower party that the higher party holds the power to exercise or control; or

if paragraph (1)(e) applies, the person is taken to hold, or hold an interest in, the issued securities in the lower party that the higher party holds or holds an interest in; or

if paragraph (1)(f) applies, the person is taken to hold the interests in the lower party that the higher party holds.

the person, either alone or with one or more other persons:

enters into a scheme; or

begins to carry out a scheme; or

carries out a scheme; and

(b) the person does so for the sole or dominant purpose of avoiding the application of in relation to any person or persons (whether or not those persons are the same persons mentioned in paragraph (a)); andDivision 3

as a result of that scheme or part of that scheme, a person avoided the application of Division 3.

Fault-based offence

any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings;

any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.

stating that an entry, matter or thing required or permitted by or under this Part to be made or done:

has been made or done; or

has not been made or done; or

stating that an entry, matter or thing required by or under this Part not to be made or done:

has not been made or done; or

has been made or done.

the person charged with the offence; or

a barrister or solicitor who has appeared for the person in those proceedings;

has, at least 14 days before the certificate is sought to be so admitted, been given a copy of the certificate together with notice of the intention to produce the certificate as evidence in the proceedings.

Person signing the certificate may be called to give evidence

called as a witness for the prosecution; and

cross-examined as if the person who signed the certificate had given evidence of the matters stated in the certificate.

the prosecutor has been given at least 4 days’ notice of the person’s intention to require the person who signed the certificate to be so called; or

the court, by order, allows the person charged to require the person who signed the certificate to be so called.

Evidence in support, or in rebuttal, of matters in certificate to be considered on its merits

licence holders to prepare plans for the offshore infrastructure activities and other activities that are to be carried out under licences; and

procedures for a licence holder to apply to the Regulator for the Regulator to approve such a plan; and

procedures for the Regulator to consider such an application, and approve or refuse to approve the plan.

matters to which the Regulator may or must have regard when considering whether to approve a management plan;

the revision of management plans, including requirements for a licence holder to revise a management plan and procedures for the Regulator to consider a revised management plan and approve, or refuse to approve, the revised management plan;

requirements for consultation in relation to an application for approval of a management plan or a revised management plan;

requirements for a licence holder to give notifications to the Regulator in relation to the design of offshore renewable energy infrastructure and offshore electricity transmission infrastructure;

procedures for the Regulator to assess and provide feedback on a design referred to in paragraph (d);

the holder of a feasibility licence to apply for the Regulator to approve a management plan for a commercial licence that the holder has applied for, or proposes to apply for;

requirements that, for the purposes of paragraph 74(3)(d), the licence holder must comply with for the licence to be surrendered.

how the licence holder is to carry out offshore infrastructure activities and other activities under the licence;

any matters that the conditions of the licence require to be addressed in the management plan;

(c) environmental management, including how the licence holder is to comply with any obligations under the Environment Protection and Biodiversity Conservation Act 1999, or regulations under that Act, in relation to the activities to be carried out under the licence;

how the licence holder is complying with, or is to comply with, section 116 (maintenance and removal of property etc. by licence holder);

how the licence holder is complying with, or is to comply with, sections 117 and 118 (financial security);

requirements for the licence holder to keep, at a place in Australia, records in relation to offshore infrastructure activities, and make those records available for inspection under the applied work health and safety provisions;

any other matters that this Act requires to be addressed in a management plan;

any matters prescribed by the licensing scheme;

any matters required by the Regulator under subsection (3).

the design, infrastructure integrity and maintenance of licence infrastructure;

work health and safety;

emergency management;

the making and keeping of records;

requirements to consult with any person that may be affected by activities carried out under the licence;

the outcomes of any consultation, including consultation carried out before the management plan was approved or while the management plan is in effect;

monitoring, auditing, managing and reviewing the management plan and the licence holder’s compliance with the management plan.

in the licence area; and

used in connection with activities authorised or required by or under this Act.

Removal of property etc.

in which the holder is or will be engaged; and

that are authorised or required by or under this Act.

Exception

any other provision of this Act; and

a direction given by the Regulator under section 121 (general directions); and

a direction given by the Regulator or the Minister under Division 3 (remedial directions) of Part 2 of this Chapter; and

the management plan for the licence, if there is one; and

any other law.

the decommissioning of licence infrastructure; and

the removal of equipment and other property from the licence area or a vacated area; and

the remediation of the licence area and vacated areas, and any other area affected by activities carried out under the licence.

to refuse to approve a management plan for a licence unless the licence holder has provided the financial security required by subsection (1) in relation to the activities to be carried out under the licence in accordance with the management plan; or

to refuse to approve a revised management plan for a licence unless the licence holder has provided the financial security required by subsection (1) in relation to the activities to be carried out under the licence in accordance with the management plan as revised.

to be required to be provided in a form acceptable to the Minister; or

to be required at different times in relation to particular licence infrastructure, so long as the financial security that relates to particular infrastructure is provided before that infrastructure is constructed or installed in the licence area; or

to cease to be required in relation to particular licence infrastructure, property or remediation activities if the Minister is satisfied that no further costs, expenses or liabilities are likely to arise in relation to that infrastructure or property or those activities.

arrangements that may be treated as financial security for the purposes of this section; and

arrangements that are not to be treated as financial security for the purposes of this section; and

methods for working out the amount of financial security that a licence holder must provide under subsection (1) (which may take into account costs, expenses and liabilities that might arise from emergencies or unexpected circumstances); and

circumstances in which the Minister may accept a reduced amount of financial security.

subsection 117(1) requires the person to provide the Commonwealth with financial security in accordance with section 117; and

the person does not comply with the requirement.

Fault-based offence

are not limited to the costs, expenses and liabilities mentioned in subsection 117(1); and

may include amounts of offshore electricity infrastructure levy that are due and payable to the Commonwealth by the licence holder.

received by the Commonwealth as financial security, or in respect of a financial security, for the purposes of this section; or

recovered by the Commonwealth from a financial security provided for the purposes of this section;

is to be credited to the Offshore Infrastructure Registrar Special Account.

applied to any cost, expense or liability incurred by the Commonwealth, or debt owed to the Commonwealth, that may be recovered from the financial security under regulations made for the purposes of subsection (1); or

paid to the Regulator for the purposes of:

applying the amount to any cost, expense or liability incurred by the Regulator, or debt owed to the Regulator, that may be recovered from the financial security under regulations made for the purposes of subsection (1); or

to the extent that the Regulator is satisfied that the amount is no longer required—refunding the amount; or

to the extent that the Regulator is satisfied that the amount is no longer required—refunded by the Commonwealth; or

if paragraphs (a), (b) and (c) do not apply—retained by the Commonwealth until it is:

applied as mentioned in paragraph (a); or

paid to the Regulator as mentioned in paragraph (b); or

refunded as mentioned in paragraph (c).

how the licence holder is to comply with any provision of this Act, the applied work health and safety provisions, the conditions of the licence or the management plan for the licence (if there is a management plan for the licence);

how offshore infrastructure activities are to be carried out under the licence;

any matter that, under this Act or the licensing scheme, a management plan may or must address.

a direction to carry out offshore infrastructure activities under the licence in a particular way;

a direction to make arrangements for another person to carry out offshore infrastructure activities under the licence on behalf of the licence holder;

a direction as to how the licence holder is to comply with a requirement under this Act, the applied work health and safety provisions, the licence or the management plan (if any) for the licence;

a direction requiring the licence holder to ensure that a requirement under this Act, the applied work health and safety provisions, the licence or the management plan (if any) for the licence is not contravened;

a direction requiring the licence holder to comply with a requirement under this Act, the applied work health and safety provisions, the licence or the management plan (if any) for the licence in a specified manner or within a specified time;

a direction requiring the licence holder to cease carrying out activities under the licence until a requirement under this Act, the applied work health and safety provisions, the licence or the management plan (if any) for the licence is complied with.

Extended application of direction

a specified class of persons, so long as the class consists of, or is included in, either or both of the following classes:

employees or agents of, or persons acting on behalf of, the licence holder;

persons performing work or services, whether directly or indirectly, for the licence holder; or

any person (other than the licence holder or a person to whom the direction applies in accordance with paragraph (a)) who is:

in the Commonwealth offshore area for any reason touching, concerning, arising out of, or connected with, offshore infrastructure activities; or

in, on, above, below or in the vicinity of a vessel, aircraft, structure or installation, or equipment or other property, that is in the Commonwealth offshore area for a reason of that kind.

any previous direction under this section; and

anything in the regulations or the applied State and Territory provisions.

unconditionally; or

subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.

Revocation of direction

the direction;

a notice under subsection (7) revoking the direction.

the direction;

a notice under subsection (7) revoking the direction.

the person is subject to a direction under section 121; and

the person engages in conduct; and

the person’s conduct breaches the direction.

Fault-based offence

both of the following persons are subject to the direction:

a licence holder;

another person; and

the other person is prosecuted for an offence against subsection (2) or (3), or a civil penalty is sought for the purposes of subsection (4), in relation to the other person’s breach of the direction; and

the other person adduces evidence that the other person did not know, and could not reasonably be expected to have known, of the existence of the direction.

if the other person is prosecuted for an offence—the other person is not to be convicted of the offence; or

if a civil penalty order is sought against the other person—the order is not to be made against the other person.

Continuing offences and continuing contraventions of civil penalty provisions

a person is subject to a direction given by the Regulator under section 121; and

the person does not comply with the direction.

do any or all of the things required by the direction to be done; or

engage another person to do any or all of those things on behalf of the Regulator.

the costs or expenses are a debt due by the person to the Regulator; and

the debt is recoverable in:

the Federal Court; or

the Federal Circuit and Family Court of Australia (Division 2); or

a court of a State or Territory that has jurisdiction in relation to the matter.

Exception—direction that has an extended application

a direction under section 121 applies to:

a licence holder; and

another person; and

an action under subsection (3) of this section relating to the direction is brought against the other person; and

the other person adduces evidence that the other person did not know, and could not reasonably be expected to have known, of the existence of the direction;

the other person is not liable under subsection (3) of this section unless the plaintiff proves that the other person knew, or could reasonably be expected to have known, of the existence of the direction.

the person holds a licence; or

the person held a licence that was surrendered or cancelled, and the person held the licence immediately before the surrender or cancellation took effect.

to do, before a time specified in the direction, any or all of the following:

provide, to the satisfaction of the Regulator, for the conservation and protection of the natural resources in the licence area or a vacated area in relation to the licence;

make good, to the satisfaction of the Regulator, any damage to the seabed or subsoil, or any other environmental damage, in the Commonwealth offshore area (whether inside or outside the licence area or a vacated area) caused by any person engaged or concerned in the activities authorised by the licence; or

to do, until a time specified in the direction, any or all of the following in relation to a vacated area in relation to the licence:

assess and monitor environmentally sensitive areas within the area;

give reports to the Regulator in relation to specified matters; or

if the person holds a licence—to do any or all of the following things before a time specified in the direction:

comply with any obligation of the licence holder under this Act or the licence in connection with an offshore infrastructure activity;

if there is a management plan for the licence—carry out any obligation of the licence holder under the management plan;

make arrangements that are satisfactory to the Regulator in relation to an obligation referred to in subparagraph (i) or (ii); or

if paragraph (1)(b) applies—to do any or all of the following things before a time specified in the direction:

comply with any obligation of the licence holder under this Act or the licence, as the licence was in effect immediately before it was cancelled or surrendered, in connection with an offshore infrastructure activity;

if there was a management plan for the licence immediately before the licence was cancelled or surrendered—carry out any obligation of the licence holder under the management plan;

make arrangements that are satisfactory to the Regulator in relation to an obligation referred to in subparagraph (i) or (ii).

the person holds a licence; or

the person held a licence that was surrendered or cancelled, and the person held the licence immediately before the surrender or cancellation took effect.

to do, before a time specified in the direction, any or all of the following:

provide, to the satisfaction of the Minister, for the conservation and protection of the natural resources in the licence area or a vacated area in relation to the licence;

make good, to the satisfaction of the Minister, any damage to the seabed or subsoil, or any other environmental damage, in the Commonwealth offshore area (whether inside or outside the licence area or a vacated area) caused by any person engaged or concerned in the activities authorised by the licence; or

to do, until a time specified in the direction, any or all of the following in relation to a vacated area in relation to the licence:

assess and monitor environmentally sensitive areas within the area;

give reports to the Regulator in relation to specified matters; or

if the person holds a licence—to do any or all of the following things before a time specified in the direction:

comply with any obligation of the licence holder under this Act or the licence in connection with an offshore infrastructure activity;

if there is a management plan for the licence—carry out any obligation of the licence holder under the management plan;

make arrangements that are satisfactory to the Minister in relation to an obligation referred to in subparagraph (i) or (ii); or

if paragraph (1)(b) applies—to do any or all of the following things before a time specified in the direction:

comply with any obligation of the licence holder under this Act or the licence, as the licence was in effect immediately before it was cancelled or surrendered, in connection with an offshore infrastructure activity;

if there was a management plan for the licence immediately before the licence was cancelled or surrendered—carry out any obligation of the licence holder under the management plan;

make arrangements that are satisfactory to the Minister in relation to an obligation referred to in subparagraph (i) or (ii).

the person is subject to a direction under:

section 126 (remedial directions by the Regulator); or

the Minister); andsection 127 (remedial directions by

the person engages in conduct; and

the person’s conduct breaches the direction.

Fault-based offence

a direction is given to a person under section 126, and the person does not comply with the direction; or

a person makes an arrangement, as mentioned in subparagraph 126(2)(c)(iii) or (d)(iii), and does not carry out the arrangement;

the Regulator may:

do any or all of the things required by the direction or arrangement to be done; or

engage another person to do any or all of those things on behalf of the Regulator.

the costs or expenses are a debt due by the person to the Regulator; and

the debt is recoverable in:

the Federal Court; or

the Federal Circuit and Family Court of Australia (Division 2); or

a court of a State or Territory that has jurisdiction in relation to the matter.

Direction to remove property

a direction under section 126 in relation to the vacated area; or

an arrangement under subparagraph 126(2)(c)(iii) or (d)(iii) in relation to the vacated area;

the Regulator may, by notifiable instrument, direct the owner or owners of that property to:

remove the property from the vacated area; or

dispose of the property to the satisfaction of the Regulator;

before the time specified in the instrument.

remove, in such manner as the Regulator thinks fit, any or all of that property from the vacated area concerned;

dispose of, in such manner as the Regulator thinks fit, any or all of that property;

if, under subsection 129(5), a person was given a copy of the notice of the direction—sell, by public auction or otherwise, as the Regulator thinks fit, any or all of that property that belongs, or that the Regulator believes to belong, to that person.

Deduction of costs and expenses etc. from proceeds of sale

any costs and expenses incurred by the Regulator under that subsection in relation to that property; and

any costs and expenses incurred by the Regulator in relation to the doing of any thing required by a direction under section 126 to be done by that person; and

any fees or amounts due and payable by that person to the Regulator under this Act.

any fees or amounts due and payable by that person to the Commonwealth under this Act; and

any amounts of offshore electricity infrastructure levy, of a kind prescribed by regulations made for the purposes of this paragraph, that are due and payable to the Commonwealth by that person.

the costs or expenses are a debt due by the owner of the property to the Regulator; and

to the extent to which the costs or expenses are not deducted under subsection (2)—the debt is recoverable in:

the Federal Court; or

the Federal Circuit and Family Court of Australia (Division 2); or

a court of a State or Territory that has jurisdiction in relation to the matter.

Recovery of costs and expenses—breach of direction

the costs or expenses are a debt due by the person to the Regulator; and

to the extent to which the costs or expenses are not deducted under subsection (2)—the debt is recoverable in:

the Federal Court; or

the Federal Circuit and Family Court of Australia (Division 2); or

a court of a State or Territory that has jurisdiction in relation to the matter.

(a) any rights conferred on a person by the Administrative Decisions (Judicial Review) Act 1977 to apply to a court in relation to:

a decision; or

conduct engaged in for the purpose of making a decision; or

a failure to make a decision; or

any other rights that a person has to seek a review by a court or tribunal in relation to:

a decision; or

conduct engaged in for the purpose of making a decision; or

a failure to make a decision.

a direction is given to a person under section 127, and the person does not comply with the direction; or

a person makes an arrangement, as mentioned in subparagraph 127(2)(c)(iii) or (d)(iii), and does not carry out the arrangement;

the Minister may:

do any or all of the things required by the direction or arrangement to be done; or

engage another person to do any or all of those things on behalf of the Minister.

the costs or expenses are a debt due by the person to the Commonwealth; and

the debt is recoverable in:

the Federal Court; or

the Federal Circuit and Family Court of Australia (Division 2); or

a court of a State or Territory that has jurisdiction in relation to the matter.

a direction given by the Regulator under:

Division 2 (general directions); or

Division 3 (remedial directions); or

a provision of the regulations; or

a direction given by the Minister under Division 3 (remedial directions).

the person engages in conduct; and

the person’s conduct results in:

damage to, or interference with, offshore renewable energy infrastructure or offshore electricity transmission infrastructure in the Commonwealth offshore area; or