Commonwealth: Offshore Electricity Infrastructure Act 2021 (Cth)

Offshore Electricity Infrastructure Act 2021 No. 120, 2021 Compilation No. 4 Compilation date: 20 February 2025 Includes amendments: Act No. 13, 2025 About this compilation This compilation This is a compilation of the Offshore Electricity Infrastructure Act 2021 that shows the text of the law as amended and in force on 20 February 2025 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Chapter 1—Preliminary Part 1—Introduction 1 Short title 2 Commencement 3 Object of this Act 4 Simplified outline of this Act 5 External Territories 6 Crown to be bound 7 Provisions to apply to certain offshore electricity transmission infrastructure subject to international obligations Part 2—Definitions 8 Definitions 9 Datum provisions 10 Meaning of offshore renewable energy infrastructure 11 Meaning of offshore electricity transmission infrastructure 12 Offshore renewable energy infrastructure and offshore electricity transmission infrastructure 13 Meaning of renewable energy resource Chapter 2—Regulation of offshore infrastructure activities Part 1—Prohibition of unauthorised offshore infrastructure activities 14 Simplified outline of this Part 15 Prohibition of unauthorised offshore infrastructure activities in the Commonwealth offshore area Part 2—Declaring areas for offshore renewable energy infrastructure Division 1—Introduction 16 Simplified outline of this Part Division 2—Declared areas 17 Declared areas 18 Notice of proposal to declare an area 19 Making a decision 20 Conditions that apply to a declaration 21 Period for which a declaration remains in force Division 3—Varying a declaration 22 Variation to extend period or increase declared area 23 Variation of conditions, or to reduce declared area 24 Consultation on proposed variation 25 Varying a declaration to make minor and technical corrections Division 4—Revoking a declaration 26 Revoking a declaration 27 Revoking a declaration—consultation Chapter 3—Licensing Part 1—Licences Division 1—Introduction 28 Simplified outline of this Part 29 Licensing scheme Division 2—Feasibility licences 30 Purpose of a feasibility licence 31 Activities authorised by a feasibility licence 32 Applications for feasibility licences 33 Grant of a feasibility licence 34 Merit criteria for a feasibility licence 35 Conditions that apply to a feasibility licence 36 Term of a feasibility licence 37 Extending the term of a feasibility licence 38 Varying a feasibility licence Division 3—Commercial licences 39 Purpose of a commercial licence 40 Activities authorised by a commercial licence 41 Applications for commercial licences 42 Grant of a commercial licence 43 Minister may require applicant to consult etc. 44 Merit criteria for a commercial licence 45 Conditions that apply to a commercial licence 46 Term of a commercial licence 47 Extending the term of a commercial licence 48 Varying a commercial licence Division 4—Research and demonstration licences 49 Purpose of a research and demonstration licence 50 Activities authorised by a research and demonstration licence 51 Applications for research and demonstration licences 52 Grant of a research and demonstration licence 53 Merit criteria for a research and demonstration licence 54 Conditions that apply to a research and demonstration licence 55 Term of a research and demonstration licence 56 Extending the term of a research and demonstration licence 57 Varying a research and demonstration licence Division 5—Transmission and infrastructure licences 58 Purpose of a transmission and infrastructure licence 59 Activities authorised by a transmission and infrastructure licence 60 Applications for transmission and infrastructure licences 61 Grant of a transmission and infrastructure licence 62 Merit criteria for a transmission and infrastructure licence 63 Conditions that apply to a transmission and infrastructure licence 64 Term of a transmission and infrastructure licence 65 Extending the term of a transmission and infrastructure licence 66 Varying a transmission and infrastructure licence Part 2—General provisions about licences Division 1—Introduction 67 Simplified outline of this Part Division 2—Licence transfers 68 Licences to be transferred only under this Division 69 Application for transfer 70 Minister may transfer licence 71 Licence transfer does not affect conditions or end day 72 Financial security for a transferred licence Division 3—Cancelling and surrendering licences 73 Cancellation of licence 74 Surrender of licence Division 4—Other general provisions about licences 75 False or misleading information 76 False or misleading documents 77 Interference with other activities by licence holder 78 Interference with other activities by other person carrying out activities under licence 79 No conditions about payment of money 80 Basis on which licences granted 81 Changes to the boundaries of the Commonwealth offshore area 82 Licences etc. are not personal property for the purposes of the Personal Property Securities Act 2009 Part 3—Change in control of a licence holder Division 1—Introduction 83 Simplified outline of this Part 84 Meaning of control and change in control of licence holder 85 Meaning of approval period Division 2—Application and approval of change in control of a licence holder 86 Application for approval 87 Registrar must decide whether to approve change in control 88 Notice of decision 89 Retention and return of instrument 90 Limit of effect of approval 91 Notification of change in circumstances before or during approval period 92 Revocation of approval 93 Notification of change in control 94 Change in control information to be entered in Register Division 3—Change in control must be approved 95 Change in control must be approved by Registrar 96 Notification of change in control that takes effect without approval 97 Notification of change in control by licence holder Division 4—Information‑gathering powers 98 Registrar may obtain information and documents 99 Complying with information‑gathering notice 100 Power to examine on oath or affirmation 101 Self‑incrimination 102 Copies of documents 103 Registrar may retain documents 104 False or misleading information 105 False or misleading documents 106 False or misleading evidence Division 5—Tracing and anti‑avoidance 107 Tracing 108 Anti‑avoidance Division 6—Other provisions 109 Registrar etc. not concerned with the effect of instrument lodged under this Part 110 Falsified documents 111 Inspection of instruments 112 Evidentiary provisions Chapter 4—Management and protection of infrastructure Part 1—Management and operation of infrastructure Division 1—Introduction 113 Simplified outline of this Part Division 2—Management plans 114 Licensing scheme must provide for management plans 115 Matters that a management plan must address 115A Publication of summaries of plans and management plans Division 3—Operations 116 Maintenance and removal of property etc. by licence holder 116A Notification of offshore infrastructure activities Division 4—Financial security 117 Requirement to provide financial security 118 Contravention of requirement to provide financial security 119 Recovery and application of financial security Part 2—Directions powers Division 1—Introduction 120 Simplified outline of this Part Division 2—General power to give directions 121 General power to give directions—Regulator 122 Directions under section 121 may extend outside of licence area 123 Directions under section 121—compliance 124 Regulator may take action if there is a breach of a direction under section 121 Division 3—Remedial directions 125 Remedial directions—power to issue directions under different provisions 126 Remedial directions by the Regulator 127 Remedial directions by the Minister 128 Remedial directions—compliance 129 Regulator may take action if direction breached or arrangement not carried out 130 Removal, disposal or sale of property by Regulator—breach of direction 131 Removal, disposal or sale of property—limitation of action etc. 132 Minister may take action if direction breached or arrangement not carried out Division 4—Defence of taking reasonable steps to comply with a direction 133 Defence of taking reasonable steps to comply with a direction Part 3—Protection of infrastructure Division 1—Introduction 134 Simplified outline of this Part Division 2—Offence of interfering with infrastructure 135 Interfering with infrastructure Division 3—Safety zones Subdivision A—Safety zones 136 Safety zones 137 Determination on Regulator's initiative or in response to application 138 When a determination takes effect 139 Offences of entering or being present in a safety zone Subdivision B—Authorised safety zone officials and powers in relation to safety zones 140 Authorised safety zone officials 141 Requirement to move vessel etc. Division 4—Protection zones Subdivision A—Determinations 142 Regulator may determine a protection zone 143 Determination on Regulator's initiative or in response to application 144 Prohibited activities 145 Restricted activities 146 When a determination takes effect 147 Determination continues in effect even if infrastructure ceases to operate Subdivision B—Offences in relation to protection zones 148 Engaging in prohibited or restricted activities 149 Defences to offence of engaging in prohibited or restricted activities 150 Master or owner of vessel used in offence of engaging in prohibited or restricted activities 151 Foreign nationals and foreign vessels Chapter 5—Administration Part 1—Offshore Infrastructure Registrar Division 1—Introduction 152 Simplified outline of this Part Division 2—Offshore Infrastructure Registrar 153 Offshore Infrastructure Registrar 154 Functions of the Registrar 155 Powers of the Registrar 156 Delegation by the Registrar 157 Consultants 158 Registrar to be assisted by APS employees made available 159 Annual report 160 Reviews of activities of Registrar 161 Judicial notice of signature of the Registrar Division 3—The Register of Offshore Infrastructure Licences 162 Register to be kept 163 Records to be made in Register 164 Entry in Register—events affecting a licence 165 Other instruments or notices to be included in register 166 Notation in Register—applicable datum 167 Material that must not be included in a record for a licence 168 Notification requirements—licence holder 169 Evidentiary provisions 170 Corrections of clerical errors or obvious defects Division 4—Offshore Infrastructure Registrar Special Account 171 Offshore Infrastructure Registrar Special Account 172 Credits to the Offshore Infrastructure Registrar Special Account 173 Purposes of the Offshore Infrastructure Registrar Special Account Part 2—Offshore Infrastructure Regulator Division 1—Introduction 174 Simplified outline of this Part Division 2—The Regulator 175 The Regulator 176 The CEO of the Regulator 177 Functions of the Regulator 178 Powers of the Regulator 179 Delegation by the Regulator 180 Consultants and persons seconded to the Regulator 181 Minister may require Regulator to prepare reports or give information 182 Minister may give directions to Regulator 183 Additional functions and powers 184 Annual reports Division 3—Other financial matters 185 Money received by the Regulator 186 Commonwealth payments to the Regulator 187 Application of money of the Regulator Part 3—Fees and offshore electricity infrastructure levy 188 Simplified outline of this Part 189 Fees 190 Offshore electricity infrastructure levy Part 4—Compliance and enforcement Division 1—Introduction 191 Simplified outline of this Part Division 2—OEI inspectors 192 OEI inspectors—appointment 193 OEI inspectors—directions by Regulator 194 OEI inspectors—reimbursement for exercise of powers relating to the Registrar Division 3—Monitoring and investigation powers 195 Monitoring powers (general) 196 Investigation powers (general) 197 Monitoring and investigation powers (special provisions) 198 Monitoring powers (entering offshore premises without warrant) 199 Investigation powers (entering offshore premises without warrant) 200 Monitoring and investigation powers (reasonable facilities and assistance) 201 OEI inspections—licence holder's representative 202 Monitoring and investigation powers (relationship with other powers) 203 Obstructing or hindering OEI inspector 204 OEI inspections—reports Division 4—Compliance powers 205 Do not disturb notices—issue 206 Do not disturb notices—notification and display 207 Prohibition notices—issue 208 Prohibition notices—notification 209 Improvement notices—issue 210 Improvement notices—compliance 211 Tampering with and removing notices 212 Publishing prohibition notices and improvement notices Division 5—Civil penalties 213 Civil penalty provisions 214 Contravening civil penalty provisions Division 6—Infringement notices 215 Infringement notices 216 Evidentiary matters Division 7—Injunctions 217 Injunctions Division 8—Enforceable undertakings 218 Enforceable undertakings 219 Publication of enforceable undertakings 220 Compliance with enforceable undertaking 221 Listed WHS laws Division 9—Adverse publicity orders 222 Adverse publicity orders Division 10—Miscellaneous 223 Physical elements of offences 224 Contravening offence and civil penalty provisions Chapter 6—Application of work health and safety laws and other laws Part 1—Work Health and Safety Division 1—Introduction 225 Simplified outline of this Part Division 2—Application of the Work Health and Safety Act 2011 226 Application of the Work Health and Safety Act 2011 227 References to Comcare 228 Section 4 (definitions) 229 Section 4 (definition of inspector) 230 Section 12 (scope) 231 Section 12A (Act does not apply to certain vessels, structures and facilities) 232 Division 3 of Part 2 (further duties of persons conducting businesses or undertakings) 233 Section 37 (what is a dangerous incident) 234 Section 90 (provisional improvement notices) 235 Section 92 (contents of provisional improvement notice) 236 Section 102 (decision of inspector on review of provisional improvement notice) 237 Part 7 (workplace entry by WHS entry permit holders) 238 Parts 8 to 11 239 Division 1 of Part 14 (general provisions) 240 Section 274 (approved codes of practice) 241 Schedule 2 (the regulator and local tripartite consultation arrangements and other local arrangements) 242 Schedule 3 (regulation‑making powers) 243 Regulations under the Work Health and Safety Act Division 3—Other work health and safety provisions 244 Functions and powers of OEI inspectors Part 2—Application of State and Territory laws in Commonwealth offshore area Division 1—Introduction 245 Simplified outline of this Part 246 Laws that this Part applies to 247 Meaning of included offshore area of a State or Territory Division 2—Application of State and Territory laws 248 Application of State and Territory laws in offshore areas 249 Disapplication and modification of laws 250 Limit on application of laws 251 Inconsistent law not applied 252 Criminal laws not applied 253 Tax laws not applied 254 Appropriation law not applied 255 Applied laws not to confer Commonwealth judicial power 256 Applied laws not to contravene constitutional restrictions on conferral of powers on courts 257 No limits on ordinary operation of law 258 Jurisdiction of State courts 259 Jurisdiction of Territory courts 260 Validation of certain acts 261 Certain provisions not affected by this Part Chapter 7—Information relating to offshore infrastructure Part 1—Managing data and gathering information Division 1—Introduction 262 Simplified outline of this Part Division 2—Data management 263 Data management directions—offshore infrastructure activities 264 Data management directions—merit criteria 265 Data management directions—giving a data management direction 266 Minister may give directions to Registrar 267 Complying with data management directions 268 Regulations about data management Division 3—Information‑gathering 269 Information‑gathering notices 270 Complying with information‑gathering notice 271 Copying documents—reasonable compensation 272 Power to examine on oath or affirmation 273 Self‑incrimination 274 Copies of documents 275 Registrar or OEI inspector may retain documents 276 False or misleading information 277 False or misleading documents 278 False or misleading evidence 279 Directions by Registrar Part 2—Release of regulatory information 280 Simplified outline of this Part 281 Registrar to make documents available to the Minister Part 3—Release of information given to Registrar Division 1—Introduction 282 Simplified outline of this Part Division 2—Protection of confidentiality of information Subdivision A—Documentary information obtained by the Registrar 283 Protection of confidentiality of documentary information obtained by the Registrar 284 Registrar may make information available to a Minister, a State Minister or a Territory Minister Subdivision B—Documentary information obtained by a Minister 285 Protection of confidentiality Subdivision C—Miscellaneous 286 Fees 287 Review by Minister 288 Privacy Act Division 3—Copyright 289 Publishing or making copies of applicable documents not an infringement of copyright Part 4—Using and sharing offshore infrastructure information and things Division 1—Introduction 290 Simplified outline of this Part 291 Scope of Part Division 2—Regulator's use of offshore infrastructure information or things 292 Purposes for which Regulator may use offshore infrastructure information or things Division 3—Sharing offshore infrastructure information or things 293 Sharing offshore infrastructure information or things for the purposes of this Act 294 Regulator may share offshore infrastructure information or things with other agencies 295 Personal information Chapter 8—Miscellaneous Part 1—Miscellaneous provisions 296 Simplified outline of this Part 297 Review of decisions 298 Application of the Lands Acquisition Act 1989 299 Jurisdiction of State courts 300 Jurisdiction of Territory courts 301 Liability for acts and omissions 302 Compensation for acquisition of property 303 Delegation by Minister Part 2—Regulations 304 Simplified outline of this Part 305 Regulations 306 Regulations may provide for offences 307 Regulations may provide for approved forms 308 Regulations dealing with the Regulatory Powers Act 309 Pre‑existing infrastructure 310 Application of amendments made by the Offshore Electricity Infrastructure Amendment (Overlapping Applications) Regulations 2024 Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to regulate offshore renewable energy infrastructure and offshore electricity transmission infrastructure, and for related purposes Chapter 1—Preliminary Part 1—Introduction 1 Short title This Act is the Offshore Electricity Infrastructure Act 2021. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this Act A single day to be fixed by Proclamation. 2 June 2022 However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Object of this Act The object of this Act is to provide an effective regulatory framework for: (a) offshore renewable energy infrastructure; and (b) offshore electricity transmission infrastructure. 4 Simplified outline of this Act This Act regulates offshore electricity infrastructure by: (a) prohibiting unauthorised offshore renewable energy infrastructure and offshore electricity transmission infrastructure in the Commonwealth offshore area; and (b) providing for the Minister to declare areas that are suitable for offshore renewable energy infrastructure; and (c) providing for the Minister to grant various kinds of licences authorising offshore renewable energy infrastructure and offshore electricity transmission infrastructure in the Commonwealth offshore area. Offshore renewable energy infrastructure is offshore infrastructure (such as an offshore wind farm) for generating electricity or other forms of energy from renewable energy resources, and storing or transmitting the electricity or energy. Offshore electricity transmission infrastructure is offshore infrastructure (such as an undersea cable and other infrastructure associated with the cable) for storing or transmitting electricity (including electricity not generated from renewable sources). For the purpose of regulating offshore electricity infrastructure, this Act establishes the Offshore Infrastructure Registrar and provides for the National Offshore Petroleum Safety and Environmental Management Authority to be the Offshore Infrastructure Regulator for the purposes of this Act. The Registrar is responsible for keeping the Register of Offshore Infrastructure Licences, and for other administrative tasks. The Regulator is responsible for the management and operation of offshore infrastructure, and for monitoring, investigating and enforcing compliance in the Commonwealth offshore area. Work health and safety is provided for by applying the Work Health and Safety Act 2011 to offshore infrastructure activities. This Act also applies State and Territory laws in relation to offshore infrastructure. 5 External Territories This Act extends to the following external Territories: (a) Norfolk Island; (b) the Coral Sea Islands Territory; (c) the Territory of Ashmore and Cartier Islands; (d) the Territory of Christmas Island; (e) the Territory of Cocos (Keeling) Islands; (f) the Territory of Heard Island and McDonald Islands. 6 Crown to be bound (1) This Act binds the Crown in each of its capacities. (2) However, this Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence. (3) The protection in subsection (2) does not apply to an authority of the Crown. 7 Provisions to apply to certain offshore electricity transmission infrastructure subject to international obligations (1) This section applies to the provisions of this Act to the extent to which they relate to offshore electricity transmission infrastructure for the transmission of electricity to or from a place beyond the outer limits of the Commonwealth offshore area. (2) The provisions have effect subject to Australia's obligations under international law, including obligations under any agreement between Australia and any foreign country or countries. Part 2—Definitions 8 Definitions In 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. 9 Datum provisions (1) Subject to subsection (2), the position on the surface of the Earth of a point, a line or an area is to be determined, for the purposes of this Act, by reference to the Australian Geodetic Datum as defined in Gazette No. 84 of 6 October 1966 (AGD66 geodetic data set). (2) The regulations may: (a) provide for the position on the surface of the Earth of a point, a line or an area to be determined in some other way for the purposes of this Act; and (b) make provision for matters of a transitional nature arising from a change in the way the position on the surface of the Earth of a point, a line or an area is to be determined. (3) Subsection (2) does not authorise the regulations to provide for any change to the position on the surface of the Earth of a point, line or area. (4) Regulations made for the purposes of subsection (2) may apply, adopt or incorporate, with or without modification, any matter contained in any instrument or other writing as in force at a particular time or as in force from time to time. 10 Meaning of offshore renewable energy infrastructure (1) For the purposes of this Act, offshore renewable energy infrastructure means fixed or tethered infrastructure that has the primary purpose of engaging in any of the following activities: (a) exploring for one or more renewable energy resources; (b) assessing the feasibility of exploiting a renewable energy resource; (c) exploiting a renewable energy resource; (d) storing, transmitting or conveying a renewable energy product. (2) The following are also offshore renewable energy infrastructure: (a) any infrastructure, structure or installation that would be offshore renewable energy infrastructure except that it is being constructed, installed or decommissioned; (b) any infrastructure, structure or installation that would be offshore renewable energy infrastructure except that it has temporarily or accidentally ceased to be fixed or tethered infrastructure. Exclusions (3) Despite subsections (1) and (2), the following are not offshore renewable energy infrastructure: (a) an infrastructure facility within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006; (b) a facility within the meaning of Schedule 3 to that Act; (c) fixed or tethered infrastructure for the purpose of exploring for minerals (within the meaning of the Offshore Minerals Act 1994) or recovery of minerals (within the meaning of that Act); (d) a cable: (i) that is laid on or beneath the seabed that lies beneath the Commonwealth offshore area; and (ii) that is not connected to any place in Australia; and (iii) that is not connected to anything else in, or inside the inner limits of, the Commonwealth offshore area; (e) any infrastructure, structure or installation of a kind prescribed by the regulations for the purposes of this paragraph. Note: See also section 309 (pre‑existing infrastructure). 11 Meaning of offshore electricity transmission infrastructure (1) For the purposes of this Act, offshore electricity transmission infrastructure means fixed or tethered infrastructure that has the primary purpose of storing, transmitting or conveying electricity (whether or not the electricity is generated from a renewable energy resource). (2) The following are also offshore electricity transmission infrastructure: (a) any infrastructure, structure or installation that would be offshore electricity transmission infrastructure except that it is being constructed, installed or decommissioned; (b) any infrastructure, structure or installation that would be offshore electricity transmission infrastructure except that it has temporarily or accidentally ceased to be fixed or tethered infrastructure. Exclusions (3) Despite subsections (1) and (2), the following are not offshore electricity transmission infrastructure: (a) an infrastructure facility within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006; (b) a facility within the meaning of Schedule 3 to that Act; (c) fixed or tethered infrastructure for the purpose of exploring for minerals (within the meaning of the Offshore Minerals Act 1994) or recovery of minerals (within the meaning of that Act); (d) a cable: (i) that is laid on or beneath the seabed that lies beneath the Commonwealth offshore area; and (ii) that is not connected to any place in Australia; and (iii) that is not connected to anything else in, or inside the inner limits of, the Commonwealth offshore area; (e) any infrastructure, structure or installation of a kind prescribed by the regulations for the purposes of this paragraph. Note: See also section 309 (pre‑existing infrastructure). 12 Offshore renewable energy infrastructure and offshore electricity transmission infrastructure To avoid doubt, a single piece of infrastructure may be both offshore renewable energy infrastructure and offshore electricity transmission infrastructure. 13 Meaning of renewable energy resource (1) For the purposes of this Act, a renewable energy resource is any of the following from which energy may be obtained: (a) wind and air flow; (b) wind‑generated waves; (c) tides; (d) ocean currents; (e) light or heat from the sun; (f) rain; (g) geothermal heat; (h) a resource, event or circumstance prescribed by the regulations for the purposes of this paragraph. Regulations (2) For the purposes of this Act, the regulations may provide that a resource, event or circumstance referred to in subsection (1) has the meaning prescribed by the regulations. (3) For the purposes of this Act, the regulations may make provision for and in relation to limiting the meaning of a resource, event or circumstance referred to in subsection (1). Chapter 2—Regulation of offshore infrastructure activities Part 1—Prohibition of unauthorised offshore infrastructure activities 14 Simplified outline of this Part It is prohibited to construct, install, commission, operate, maintain or decommission: (a) offshore renewable energy infrastructure; or (b) offshore electricity transmission infrastructure; in the Commonwealth offshore area without a licence or other authorisation under this Act. 15 Prohibition of unauthorised offshore infrastructure activities in the Commonwealth offshore area (1) A person contravenes this subsection if: (a) the person constructs, installs, commissions, operates, maintains or decommissions fixed or tethered infrastructure; and (b) the fixed or tethered infrastructure is: (i) offshore renewable energy infrastructure; or (ii) offshore electricity transmission infrastructure; and (c) the fixed or tethered infrastructure is in the Commonwealth offshore area. Exception—licence or other authorisation (2) Subsection (1) does not apply to conduct that is: (a) authorised by a licence; or (b) otherwise authorised or required by or under this Act. Note 1: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act). Note 2: A licence authorises the construction, installation, commissioning, operation, maintenance or decommissioning of offshore renewable energy infrastructure or offshore electricity transmission infrastructure only if there is a management plan for the licence and the licence holder has provided financial security in relation to the infrastructure. Fault‑based offence (3) A person commits an offence if the person contravenes subsection (1). Penalty: Imprisonment for 5 years. Civil penalty (4) A person is liable for a civil penalty if the person contravenes subsection (1). Civil penalty: 3,000 penalty units. Part 2—Declaring areas for offshore renewable energy infrastructure Division 1—Introduction 16 Simplified outline of this Part The Minister may declare an area in the Commonwealth offshore area if the Minister is satisfied that the area is suitable for offshore renewable energy infrastructure. A declaration may allow feasibility licences, commercial licences and research and demonstration licences to be granted in respect of licence areas in the declared area (transmission and infrastructure licences are not limited to declared areas). The declaration can limit the kinds of licences that may be granted, and require conditions to be imposed on them. The Part also provides for the variation and revocation of declarations, and consultation requirements that must be satisfied before a declaration is made, varied or revoked. Division 2—Declared areas 17 Declared areas (1) Subject to subsection (3), the Minister may, by legislative instrument, declare a specified area in the Commonwealth offshore area for the purposes of this Act. (2) An area declared under subsection (1) is a declared area for the purposes of this Act. (3) The Minister may declare an area only if: (a) a notice proposing to declare the area has been published under section 18; and (b) the day specified in the notice under paragraph 18(d) as the day by which submissions may be made has passed; and (c) the Minister has consulted: (i) the Defence Minister; and (ii) the Minister administering section 1 of the Navigation Act 2012; and (d) the Minister is satisfied that the area is suitable for offshore renewable energy infrastructure. (4) A declared area: (a) need not be continuous; and (b) may be all of, or part of, the area specified in the notice under paragraph 18(a). (5) A declaration must set out the following: (a) the declared area; (b) any conditions under section 20 that the declaration is subject to. (6) Subsection 33(3) of the Acts Interpretation Act 1901 does not apply in relation to a declaration. Note: For revocation of a declaration, see section 26 of this Act. For variation of a declaration, see sections 22 to 25 of this Act. 18 Notice of proposal to declare an area If the Minister proposes to declare an area, the Minister must publish a notice on the Department's website that: (a) specifies the area that the Minister proposes to declare; and (b) invites submissions from the public on the proposal; and (c) specifies how submissions may be made; and (d) specifies the day by which submissions may be made (which must be at least 60 days after the day the notice is published); and (e) includes any other information that the Minister considers appropriate. 19 Making a decision (1) In deciding for the purposes of paragraph 17(3)(d) whether an area is suitable for offshore renewable energy infrastructure, the Minister must have regard to the following: (a) 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; (b) any submissions received in accordance with the notice under section 18; (c) any advice received as a result of the consultation mentioned in paragraph 17(3)(c); (d) Australia's international obligations in relation to the area; (e) Australia's greenhouse gas emissions reduction targets. (2) The Minister may also have regard to any other matters that the Minister considers relevant. (3) If the Minister is not satisfied that the whole of the proposed declared area is suitable for all kinds of offshore renewable energy infrastructure, the Minister may: (a) decide not to make a declaration; or (b) do either or both of the following, as the Minister thinks appropriate: (i) declare a part of the proposed declared area that the Minister is satisfied is suitable for offshore renewable energy infrastructure; (ii) declare an area subject to such conditions under section 20 as the Minister considers will make the declared area suitable for offshore renewable energy infrastructure. 20 Conditions that apply to a declaration (1) This section applies if the Minister thinks it appropriate to make a declaration subject to conditions under this section, as mentioned in subparagraph 19(3)(b)(ii). (2) The declaration may provide that any of the following may not be granted in respect of the declared area or a specified part of the declared area: (a) feasibility licences; (b) commercial licences; (c) research and demonstration licences. (3) The declaration may provide that a licence, or a specified kind of licence, granted in respect of the declared area or a specified part of the declared area may not authorise specified kinds of offshore infrastructure activities. (4) The declaration may provide that a licence, or a specified kind of licence, granted in respect of the declared area or a specified part of the declared area must be subject to conditions specified in the declaration. (5) Subsections (3) and (4) do not apply to transmission and infrastructure licences. (6) The declaration may provide that the Minister may revoke the declaration under section 26 in circumstances specified in the declaration. 21 Period for which a declaration remains in force (1) Subject to subsection (2), a declaration remains in force until it is revoked under section 26. (2) A declaration may provide that the declaration ceases to have effect on a specified day. Effect of cessation or revocation on existing licences (3) The cessation or revocation of a declaration does not cause a licence in force in respect of the declared area, or a part of the declared area, to cease to be in force. Note 1: However, the end day of a licence (other than a transmission and infrastructure licence) may not be extended in respect of any area that is not a declared area at the time the extension is made. See sections 37 (extending the term of a feasibility licence), 47 (extending the term of a commercial licence) and 56 (extending the term of a research and demonstration licence). Note 2: The granting of a commercial licence in relation to a feasibility licence also requires a declaration to be in force (see paragraph 42(1)(c)). Sunsetting not affected (4) To avoid doubt, nothing in this section, or section 22, affects the operation of Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003. Division 3—Varying a declaration 22 Variation to extend period or increase declared area (1) The Minister may, by legislative instrument, vary a declaration for one or more of the following purposes: (a) 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; (b) to add an area or areas in the Commonwealth offshore area to the declared area. (2) The Minister may only make a variation under subsection (1) if: (a) a notice proposing to vary the declaration has been published under section 24; and (b) the day specified in the notice under paragraph 24(1)(e) as the day by which submissions may be made has passed; and (c) the Minister has consulted: (i) the Defence Minister; and (ii) the Minister administering section 1 of the Navigation Act 2012; and (d) the Minister is satisfied that the declared area, or the declared area as varied, is suitable for offshore renewable energy infrastructure. (3) In deciding for the purposes of paragraph (2)(d) whether an area is suitable for offshore renewable energy infrastructure, the Minister must have regard to the following: (a) 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; (b) any submissions received in accordance with the notice under section 24; (c) any advice received as a result of the consultation mentioned in paragraph (2)(c) of this section; (d) Australia's international obligations in relation to the area; (e) Australia's greenhouse gas emissions reduction targets. (4) The Minister may also have regard to any other matters that the Minister considers relevant. 23 Variation of conditions, or to reduce declared area (1) The Minister may, by legislative instrument, vary a declaration for one or more of the following purposes: (a) to remove a part of the declared area; (b) to make the declaration subject to any of the conditions mentioned in section 20; (c) to vary or omit a condition mentioned in section 20 that the declaration is subject to. (2) The Minister may only make a variation under subsection (1) if: (a) a notice proposing to vary the declaration has been published under section 24; and (b) the day specified in the notice under paragraph 24(1)(e) as the day by which submissions may be made has passed; and (c) the Minister has consulted: (i) the Defence Minister; and (ii) the Minister administering section 1 of the Navigation Act 2012; and (d) the Minister is satisfied that the declared area would be suitable for offshore renewable energy infrastructure if the variation were made. (3) In deciding for the purposes of paragraph (2)(d) whether an area is suitable for offshore renewable energy infrastructure, the Minister must have regard to the following: (a) 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; (b) any submissions received in accordance with the notice under section 24; (c) any advice received as a result of the consultation mentioned in paragraph (2)(c) of this section; (d) Australia's international obligations in relation to the area; (e) Australia's greenhouse gas emissions reduction targets. (4) The Minister may also have regard to any other matters that the Minister considers relevant. Effect of variation on existing and new licences (5) A variation of a declaration under this section does not apply to a licence in force, at the time the variation is made, in respect of an area that is, or was, the declared area or a part of the declared area (a pre‑existing licence). (6) However: (a) 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 (b) 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 (c) 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. Note 1: See sections 37 (extending the term of a feasibility licence), 47 (extending the term of a commercial licence) and 56 (extending the term of a research and demonstration licence). The provisions of a declaration do not affect transmission and infrastructure licences. Note 2: See also sections 38 (varying a feasibility licence), 48 (varying a commercial licence) and 57 (varying a research and demonstration licence). 24 Consultation on proposed variation (1) For the purposes of paragraphs 22(2)(a) and 23(2)(a), the Minister must publish a notice on the Department's website that: (a) identifies the declaration that is proposed to be varied; and (b) specifies the proposed variation; and (c) invites submissions from the public on the proposal; and (d) specifies how submissions may be made; and (e) specifies the day by which submissions may be made (which must be at least 30 days after the day the notice is published); and (f) includes any other information that the Minister considers appropriate. (2) The Minister must give a copy of the notice to the holder of any licence (other than a transmission and infrastructure licence) that has a licence area that covers any part of the declared area. 25 Varying a declaration to make minor and technical corrections The Minister may, by legislative instrument, vary a declaration to make a minor change to a matter stated in the declaration (including to correct a minor or technical error). Division 4—Revoking a declaration 26 Revoking a declaration (1) Subject to subsection (2), the Minister may, by legislative instrument, revoke a declaration. Note: Any licence in force in respect of a licence area in the declared area remains in force. However, the end day of such a licence may not be extended, and no further licences may be granted in respect of the declared area (including a commercial licence in relation to a feasibility licence already in force). (2) The Minister may revoke a declaration under subsection (1) only if: (a) a notice proposing to revoke the declaration has been published under section 27; and (b) the day specified in the notice under paragraph 27(1)(d) as the day by which submissions may be made has passed; and (c) one or more of the following applies: (i) the Minister becomes aware of circumstances which the Minister considers justify the revocation; (ii) 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; (iii) the Minister is satisfied that circumstances specified in the declaration under subsection 20(6) apply. (3) In deciding whether to revoke a declaration under subsection (1), the Minister: (a) must have regard to any submissions received in accordance with the notice under section 27; and (b) must have regard to Australia's international obligations in relation to the declared area; and (ba) must have regard to Australia's greenhouse gas emissions reduction targets; and (c) may have regard to any other matters that the Minister considers relevant. 27 Revoking a declaration—consultation (1) For the purposes of paragraph 26(2)(a), the Minister must publish a notice on the Department's website that: (a) identifies the declaration that is proposed to be revoked; and (b) invites submissions from the public on the proposal; and (c) specifies how submissions may be made; and (d) specifies the day by which submissions may be made (which must be at least 30 days after the day the notice is published); and (e) includes any other information that the Minister considers appropriate. (2) The Minister must give a copy of the notice to the holder of any licence (other than a transmission and infrastructure licence) that has a licence area in the declared area. Chapter 3—Licensing Part 1—Licences Division 1—Introduction 28 Simplified outline of this Part This Part provides for the 4 kinds of licences that may be granted under this Act to eligible persons. • A feasibility licence authorises the licence holder to assess the feasibility of an offshore infrastructure project and apply for a commercial licence for the project. • A commercial licence authorises the licence holder to carry out an offshore infrastructure project for the purpose of exploiting renewable energy resources. A commercial licence can only be granted to the holder of a feasibility licence. • A research and demonstration licence authorises research into, or demonstration of, offshore renewable energy infrastructure or offshore electricity transmission infrastructure. • A transmission and infrastructure licence authorises the licence holder to store, transmit or convey electricity (which may or may not be from renewable sources) or a renewable energy product. Unlike the other kinds of licence, a transmission and infrastructure licence can cover one or more areas outside a declared area. The regulations must prescribe a licensing scheme dealing with application procedures and other matters relating to licences. For a licence to be granted to an eligible person, the licence must meet merit criteria relating to the capabilities and suitability of the eligible person, the viability of the project to be carried out under the licence and other matters prescribed by the licensing scheme. A licence is granted for a particular term, until the end day of the licence, which may be extended in certain circumstances. After the end day, the licence ceases to authorise most offshore infrastructure activities but remains in force until it is cancelled or surrendered (see Division 3 of Part 2 of this Chapter for cancellation and surrender of licences). 29 Licensing scheme (1) The regulations must prescribe a scheme (the licensing scheme) relating to: (a) applications for licences; and (b) the offering and granting of licences; and (c) transfers of licences; and (d) changes in control of licence holders; and (e) management plans; and (f) any other matters that this Act provides for the licensing scheme to deal with. (2) The licensing scheme may include any other provision that may, under this Act, be included in the regulations. Note 1: For example, the licensing scheme may include provisions about fees and levies (see Part 3 of Chapter 5). Note 2