South Australia: Hydrogen and Renewable Energy Act 2023 (SA)

South Australia Hydrogen and Renewable Energy Act 2023 An Act to facilitate and regulate the generation of hydrogen and renewable energy in the State and coastal waters of the State, to make related amendments to the Mining Act 1971, the Pastoral Land Management and Conservation Act 1989, the Petroleum and Geothermal Energy Act 2000 and the Planning, Development and Infrastructure Act 2016, and for other purposes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Objects 4 Interpretation 5 Application of Act 6 Interaction with other Acts Part 2—Preliminary investigation of renewable energy resources Division 1—Minister may explore renewable energy resources 7 Minister may explore renewable energy resources Division 2—Renewable energy feasibility permit 8 Renewable energy feasibility permit 9 Term and renewal of permit Part 3—Release area 10 Minister may declare release area 11 Call for tenders for renewable energy feasibility licence Part 4—Licensing Division 1—Requirement for licence 12 Regulated activities 13 Requirement for licence Division 2—Licence categories Subdivision 1—Hydrogen generation licence 14 Hydrogen generation licence 15 Term and renewal of licence 16 Minister may grant certain licences under Petroleum and Geothermal Energy Act 2000 Subdivision 2—Renewable energy feasibility licence 17 Renewable energy feasibility licence 18 Term and renewal of licence Subdivision 3—Renewable energy infrastructure licence 19 Renewable energy infrastructure licence 20 Term and renewal of licence Subdivision 4—Renewable energy research licence 21 Renewable energy research licence 22 Term and renewal of licence Subdivision 5—Associated infrastructure licence 23 Associated infrastructure licence 24 Term and renewal of licence Subdivision 6—Special enterprise licence 25 Object 26 Special enterprise 27 Concept phase 28 Special enterprise licence 29 Power to exempt from or modify Act 30 Existing licences Division 3—Common provisions Subdivision 1—Application for licence 31 Application for licence 32 Notice of certain applications 33 Applications relating to native title land 34 Applications relating to areas within Murray‑Darling Basin 35 Applications relating to areas within specially protected area Subdivision 2—Grant of licence 36 Grant or refusal of licence application Subdivision 3—Compatible licences 37 Compatible licences Subdivision 4—Conditions of licence 38 Conditions of licence Subdivision 5—Work program 39 Work program Subdivision 6—Access agreement 40 Application of Subdivision 41 Access agreement 42 Negotiating access agreement Subdivision 7—Bond and security 43 Bond and security Subdivision 8—Notice of commencement of operations 44 Licensee must give notice of commencement of authorised operations Subdivision 9—Rent 45 Rent Subdivision 10—Reporting requirements 46 Licensee to provide reports, information or material 47 Licensee must report certain incidents Subdivision 11—Public liability insurance 48 Public liability insurance Subdivision 12—Alteration of licence area 49 Alteration of size of licence area Subdivision 13—Dealing with licence 50 Dealing with licence Subdivision 14—Change in control 51 Interpretation 52 Approval of change in control of holder of licence 53 Offences Subdivision 15—Suspension, cancellation and surrender of licence 54 Minister may suspend or cancel licence 55 Surrender of licence Subdivision 16—Miscellaneous 56 Licence is not personal property for the purposes of Commonwealth Act 57 Exemption from stamp duty Division 4—Environmental impact Subdivision 1—Preliminary 58 Objects 59 Interpretation 60 Environmental impact assessment criteria Subdivision 2—Environmental impact report 61 Environmental impact report Subdivision 3—Statement of environmental objectives 62 Statement of environmental objectives 63 Approval of statement of environmental objectives 64 Review of statement of environmental objectives 65 Notice of approval Subdivision 4—Operational management plan 66 Operational management plan 67 Approval of operational management plan 68 Review of operational management plan Subdivision 5—Scoping report 69 Interpretation 70 Object 71 Scoping report Subdivision 6—Matters to be undertaken by Minister 72 Public consultation 73 Referral of matter to prescribed body 74 Minister may determine relevant authorisation Part 5—Entry to and use of land 75 Right of entry to land 76 Notice of entry 77 Notice of commencement of operations to holder of resources tenement 78 Objections 79 Compensation 80 Compensation for material diminishment of rights 81 Right to require acquisition of land Part 6—Hydrogen and Renewable Energy Fund 82 Hydrogen and Renewable Energy Fund Part 7—Compliance and enforcement Division 1—Minister may request information 83 Minister may request information Division 2—Authorised officers 84 Appointment of authorised officers 85 Identity cards 86 Authorised investigations 87 Powers of entry and inspection for purpose of authorised investigation 88 Power to require information 89 Production of records Division 3—Compliance and enforcement 90 Compliance directions 91 Emergency directions 92 Review of direction 93 Contravention of Act 94 Action if non‑compliance occurs Division 4—Miscellaneous 95 Enforceable voluntary undertakings 96 Civil remedies 97 Annual report Part 8—Offences and penalties 98 False or misleading statements 99 Offence relating to licence 100 Offences regarding authorised officers 101 Civil penalties 102 Additional orders on conviction 103 Continuing offences 104 Offences by bodies corporate 105 Time limits 106 Evidentiary provisions Part 9—Appeals to ERD Court 107 Appeals to ERD Court Part 10—Hydrogen and renewable energy register 108 Hydrogen and renewable energy register Part 11—Miscellaneous 109 Delegation 110 Confidentiality 111 Exemptions 112 Charge on property if debt due to Crown 113 Avoidance of duplication of certain procedures required under Commonwealth law 114 Administrative penalties 115 Regulations and fee notices 116 Review of Act Schedule 1—Related amendments and transitional provisions Part 1—Amendment of Mining Act 1971 1 Amendment of section 6—Interpretation 2 Amendment of section 9—Exempt land 3 Amendment of section 58A—Notice requirements Part 2—Amendment of Pastoral Land Management and Conservation Act 1989 4 Amendment of section 3—Interpretation 5 Amendment of section 4—Objects 6 Amendment of section 9—Pastoral Land Management Fund 7 Amendment of section 22—Conditions of pastoral leases 8 Amendment of section 31—Alteration of boundaries 9 Amendment of section 32—Resumption of land 10 Amendment of section 39—Compensation 11 Repeal of Part 6 Division 4 Part 3—Amendment of Petroleum and Geothermal Energy Act 2000 12 Amendment of section 4—Interpretation Part 4—Amendment of Planning, Development and Infrastructure Act 2016 13 Amendment of heading to Part 12 14 Amendment of section 160—Mining tenements to be referred in certain cases to Minister 15 Amendment of section 161—Related matters Part 5—Transitional provisions 16 Interpretation 17 Transitional provisions Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Hydrogen and Renewable Energy Act 2023. 2—Commencement This Act comes into operation on a day to be fixed by proclamation. 3—Objects The objects of this Act are as follows: (a) to facilitate and regulate exploration for, and exploitation of, renewable energy resources; (b) to establish an effective, efficient and flexible regulatory framework for the constructing, operating, maintaining and decommissioning of renewable energy infrastructure and facilities for generating hydrogen for commercial purposes; (c) to encourage and maintain an appropriate level of competition for access to designated land to enable exploration for, and exploiting of, renewable energy resources; (d) to enable engagement with Aboriginal people to ensure the regulatory framework in this Act maximises beneficial economic, environmental and social impacts and minimises adverse cultural and heritage impacts on Aboriginal people; (e) to enable engagement with rural and regional communities in relation to hydrogen and renewable energy projects for beneficial economic, environmental and social outcomes for those communities; (f) to facilitate economic prosperity and benefits for the State through the development of an industry for generating hydrogen and renewable energy; (g) to ensure that generating hydrogen and the exploitation of renewable energy resources is ecologically sustainable; (h) to facilitate public safety in managing risks inherent in generating hydrogen; (i) to enable appropriate consultation before authorised operations are undertaken; (j) to facilitate the grant of licences that enable hydrogen and renewable energy projects to co‑exist, so far as possible, with other land uses; (k) to support the achievement of the following for the State: (i) competitively priced and reliable renewable energy supply; (ii) economic development of a hydrogen energy industry; (iii) economic development of a net zero carbon emission industry. 4—Interpretation (1) In this Act— access agreement—see section 41; Adelaide Dolphin Sanctuary has the same meaning as in the Adelaide Dolphin Sanctuary Act 2005; affects native title has the same meaning as in the Native Title Act 1993 of the Commonwealth; associated infrastructure activity means the construction, installation, operation, maintaining, management and decommissioning of— (a) a hydrogen power plant; or (b) ports, wharves or jetties associated with the import or export of hydrogen or renewable energy; or (c) a desalination plant used for the primary purpose of supplying water used in generating hydrogen; or (d) any other infrastructure associated with other regulated activities prescribed by the regulations for the purposes of this definition, but does not include an activity of a kind excluded from the ambit of this definition by the regulations; associated infrastructure licence—see section 23; authorised officer means a person appointed by the Minister as an authorised officer for the purposes of this Act; authorised operations means activities authorised to be undertaken under a licence; authorised person means a person authorised by the Minister under section 7(1) to explore renewable energy resources; coastal waters of the State has the same meaning as in the Coastal Waters (State Powers) Act 1980 of the Commonwealth, and includes the sea‑bed and subsoil beneath, and the airspace above, those waters; commercial purpose, in relation to generating hydrogen, means generating hydrogen for any of the following purposes: (a) international export; (b) manufacturing chemicals; (c) sale or supply of electricity to customers; (d) wholesale distribution of hydrogen to customers; (e) any other purpose prescribed by the regulations, but does not include a purpose excluded from the ambit of this definition by the regulations; Crown agency has the same meaning as in the Crown Land Management Act 2009; Crown land means— (a) Crown land within the meaning of the Crown Land Management Act 2009; and (b) land owned by a Crown agency; and (c) land under the control of a Crown agency within the meaning of the Crown Land Management Act 2009; designated land means— (a) pastoral land; or (b) Crown land, or an area of Crown land, of a kind prescribed by the regulations for the purposes of this definition; or (c) South Australian waters, but does not include— (d) the Arkaroola Protection Area within the meaning of the Arkaroola Protection Act 2012; or (e) a restricted access zone or a sanctuary zone both within the meaning of the Marine Parks Act 2007; or (f) a reserve within the meaning of the National Parks and Wildlife Act 1972; or (g) a wilderness protection area or a wilderness protection zone both within the meaning of the Wilderness Protection Act 1992; environment—see subsection (3); environmental impact report—see section 61; ERD Court means the Environment, Resources and Development Court established under the Environment, Resources and Development Court Act 1993; exploit, in relation to a renewable energy resource, means— (a) generating or obtaining energy from the renewable energy resource; or (b) storing, transmitting or otherwise conveying energy obtained from the renewable energy resource, of or above the prescribed quantity of energy; explore, in relation to a renewable energy resource, means exploring for the existence of, or assessing or scoping the extent, capacity or attributes of, a renewable energy resource; Fund means the Hydrogen and Renewable Energy Fund established and maintained under section 82; generating hydrogen means undertaking operations for the creation of hydrogen (and any compound of hydrogen necessary for its processing, storage or transport) by processes such as the electrolysis of water or the reformation of natural gas, and includes— (a) operations for the storage of hydrogen; and (b) other operations of a kind prescribed by the regulations for the purposes of this definition; hydrogen generation facility means infrastructure necessary for generating hydrogen; hydrogen generation licence—see section 14; infrastructure includes a facility, structure or installation that is being constructed, installed, operated, maintained or decommissioned; infrastructure activity means constructing, installing, operating, maintaining or decommissioning— (a) renewable energy infrastructure; or (b) a hydrogen generation facility, but does not include an activity excluded from the ambit of this definition by the regulations; land includes— (a) waters and airspace over land; and (b) coastal waters of the State; leading performance criteria means criteria used to give an early warning that a control or other strategy necessary for compliance with a statement of environmental objectives— (a) is absent; or (b) may fail or be failing; licence means— (a) a hydrogen generation licence; or (b) a renewable energy feasibility licence; or (c) a renewable energy infrastructure licence; or (d) a renewable energy research licence; or (e) an associated infrastructure licence; or (f) a special enterprise licence; licence area means the area of land in respect of which a licence is granted; licensee means a person who holds a licence; marine park has the same meaning as in the Marine Parks Act 2007; Murray‑Darling Basin has the same meaning as in the Murray-Darling Basin Act 1993; native title agreement, in relation to native title land means— (a) an agreement in the form of an indigenous land use agreement registered under the Native Title Act 1993 of the Commonwealth; or (b) an agreement in a form requested by the registered native title body corporate or registered native title claimant for the land that is satisfactory to the Minister; native title, native title declaration, native title land and native title register have the same respective meanings as in the Native Title (South Australia) Act 1994; native title holder has the same meaning as in the Native Title Act 1993 of the Commonwealth; operational management plan—see section 66; operations includes activities; owner of land means— (a) a person who holds a registered estate or interest in the land conferring a right to immediate possession of the land; or (b) a native title holder in respect of the land; or (c) a person who has, by statute, the care, control or management of the land; or (d) a person who is lawfully in occupation of the land; or (e) a person who holds a pastoral lease in respect of the land; or (f) a person who holds a resources tenement in respect of the land; or (g) the holder of an aquaculture lease or aquaculture licence under the Aquaculture Act 2001; or (h) a person of a class brought within the ambit of this definition by the regulations; pastoral land means land comprised in a pastoral lease; pastoral lease means a lease granted under the Pastoral Land Management and Conservation Act 1989; permit holder means a person who holds a renewable energy feasibility permit issued under section 8; permit area means the area of land in respect of which a renewable energy feasibility permit is issued; register means the hydrogen and renewable energy register required to be kept under section 108; registered native title body corporate and registered native title claimant have the same respective meanings as in the Native Title Act 1993 of the Commonwealth; regulated activity—see section 12; release area—see section 10; relevant Minister means— (a) in relation to the Adelaide Dolphin Sanctuary—the Minister to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed; or (b) in relation to a marine park—the Minister to whom the administration of the Marine Parks Act 2007 is committed; or (c) in relation to a River Murray Protection Area or the Murray‑Darling Basin—the Minister to whom the administration of the River Murray Act 2003 is committed; renewable energy feasibility licence—see section 17; renewable energy feasibility permit—see section 8; renewable energy infrastructure means infrastructure that— (a) is necessary for assessing the feasibility of generating renewable energy from a renewable energy resource; or (b) has the primary purpose of exploiting a renewable energy resource; or (c) is of a kind prescribed by the regulations for the purposes of this definition; renewable energy infrastructure licence—see section 19; renewable energy licence means— (a) a renewable energy feasibility licence; or (b) a renewable energy infrastructure licence; or (c) a renewable energy research licence; renewable energy research licence—see section 21; renewable energy resource means any of the following: (a) light or heat from the sun; (b) wind or air flow; (c) wind generated waves; (d) tides; (e) ocean currents; (f) any other resource prescribed by the regulations; resources tenement means— (a) a mineral tenement within the meaning of the Mining Act 1971; or (b) a tenement under the Opal Mining Act 1995; or (c) a licence under the Offshore Minerals Act 2000; or (d) a licence under the Petroleum and Geothermal Energy Act 2000; or (e) a permit, lease or licence under the Petroleum (Submerged Lands) Act 1982; River Murray Protection Area means a River Murray Protection Area under the River Murray Act 2003; scoping report—see section 71; special enterprise licence—see section 28; specially protected area means— (a) the Adelaide Dolphin Sanctuary; or (b) a marine park; or (c) a River Murray Protection Area; South Australian waters means adjacent land and subjacent land within the meaning of the Harbors and Navigation Act 1993 insofar as that land is vested in a Minister to whom the administration of that Act is committed under section 15 of that Act, and includes waters and airspace over such land; statement of environmental objectives—see section 62; work program means a document prepared by an applicant for a licence, or for the renewal of a licence, that provides— (a) a statement of the nature, extent and proposed scheduling of operations proposed to be undertaken under the licence; and (b) in the case of a renewable energy feasibility licence—an analysis against the criteria prescribed by the regulations for the purposes of this paragraph; and (c) in the case of an application for a hydrogen generation licence, a renewable energy infrastructure licence or a special enterprise licence— (i) an economic analysis of the operations proposed to be undertaken under the licence prepared in accordance with the requirements prescribed by the regulations for the purposes of this subparagraph, including financial projections and details of the financial resources available to the applicant for the purposes of the operations; and (ii) an assessment of the benefits to the State derived, or expected to be derived, from operations proposed to be undertaken under the licence prepared in accordance with the requirements prescribed by the regulations. (2) The following provisions apply in relation to a reference to designated land in a provision of this Act: (a) a reference to designated land in a provision of this Act relating to an application for a licence will be taken to refer only to land that is designated land at the time the application for the licence is determined; (b) a reference to designated land in a provision of this Act relating to the renewal of a licence will be taken to refer only to land that is designated land at the time the application for the grant of the licence the subject of the renewal was determined; (c) a reference to designated land in a provision of this Act relating to an application for an increase in the size of a licence area will be taken to refer only to land that is designated land within the proposed additional licence area at the time the application is approved (and not land within the original licence area); (d) a reference to designated land in a provision of this Act relating to a licence— (i) will be taken to refer only to land that is designated land at the time the application for the grant of the licence was determined; and (ii) if the area of the licence has been increased—will, in relation to the additional licence area, be taken to refer only to land that is designated land at the time the increase was approved. (3) A reference in this Act to the environment includes— (a) land, air, water (including both surface and underground water and sea water), organisms, ecosystems, flora, fauna and other features or elements of the natural environment; and (b) buildings, structures and other forms of infrastructure, and cultural artefacts; and (c) existing or permissible land use; and (d) public health, safety or amenity; and (e) the heritage, aesthetic, Aboriginal, social and cultural values of an area; and (f) the social or economic effects associated with regulated activities. (4) A provision of this Act that requires the Minister, an authorised person or a licensee to give a notice to an owner of land will, in relation to a person who is within the ambit of paragraph (d) of the definition of owner of land, apply— (a) to the extent that the Minister, authorised person or licensee is aware of such a person; or (b) to the extent that it is reasonable to expect the Minister, authorised person or licensee to be aware of such a person. 5—Application of Act This Act is intended to have extraterritorial application insofar as the legislative powers of the Parliament permit. 6—Interaction with other Acts (1) Subject to this section and any contrary intention in this or any other Act, the provisions of this Act are in addition to, and do not limit, the provisions of any other Act. (2) The grant of a licence under this Act that confers a right to enter and use land does not take away or limit the power of the Governor or a Minister of the Crown to reserve, dedicate, grant, sell or otherwise deal with or dispose of land; however, any such reservation, dedication, grant, sale or other dealing or disposition of land is subject to rights earlier conferred under this Act. (3) Nothing in subsection (2) limits the operation of the Mining Act 1971, the Offshore Minerals Act 2000, the Opal Mining Act 1995, the Petroleum (Submerged Lands) Act 1982 or the Petroleum and Geothermal Energy Act 2000. (4) The Minister must, if taking any action under this Act— (a) that is within the Adelaide Dolphin Sanctuary, or likely to have a direct impact on the Adelaide Dolphin Sanctuary— (i) seek to further the objects and objectives of the Adelaide Dolphin Sanctuary Act 2005; and (ii) take into account the provisions of the Adelaide Dolphin Sanctuary Management Plan under the Adelaide Dolphin Sanctuary Act 2005 (insofar as may be relevant); and (b) that is within a marine park, or likely to have a direct impact on a marine park— (i) seek to further the objects of the Marine Parks Act 2007; and (ii) take into account the provisions of the management plan for the marine park under the Marine Parks Act 2007 (insofar as may be relevant); and (c) that is within a River Murray Protection Area, or likely to have a direct impact on a River Murray Protection Area—take into account the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act. Part 2—Preliminary investigation of renewable energy resources Division 1—Minister may explore renewable energy resources 7—Minister may explore renewable energy resources (1) Subject to this section, the Minister or a person with the written authorisation of the Minister may, for the purposes of exploring renewable energy resources— (a) enter and remain on land with assistants, vehicles and equipment as may be necessary or expedient for the purposes of the exploration; and (b) explore and conduct tests on land; and (c) take, and remove from land, samples from the land; and (d) construct, install, operate, maintain or decommission infrastructure on land necessary for assessing the feasibility of generating renewable energy from a renewable energy resource; and (e) take photographs, audio or video recordings of land; and (f) undertake any other activities of a kind prescribed by the regulations. (2) At least 14 days before the Minister or an authorised person undertakes an activity on land under subsection (1), the Minister or authorised person (as the case may be) must give notice to the owner of land— (a) describing the area of land on which the activity will be undertaken; and (b) describing the activities proposed to be undertaken on the land. (3) The Minister or an authorised person need not comply with subsection (2) if it is not practical to do so. (4) A person exercising powers under this section must, at the request of a person, provide their identity card or other proof of their authority to exercise the powers conferred by this section. Division 2—Renewable energy feasibility permit 8—Renewable energy feasibility permit (1) A renewable energy feasibility permit, subject to the conditions of the permit, authorises the permit holder to undertake, within the permit area, a feasibility activity specified in the permit. (2) A renewable energy feasibility permit must not be issued in respect of an area that constitutes designated land. (3) An application for a renewable energy feasibility permit— (a) must be made in a manner and form determined by the Minister; and (b) must identify the area or areas in respect of which the permit is being sought in a manner determined by the Minister; and (c) must be accompanied by such other information as may be prescribed by the regulations; and (d) must be accompanied by the prescribed fee. (4) The Minister may require the applicant to provide the Minister with additional information specified by the Minister (and that information must be provided within the period specified by the Minister). (5) The Minister must, before issuing a renewable energy feasibility permit, be satisfied— (a) that the applicant has, or will acquire, a right or interest in respect of land comprising the proposed permit area sufficient to undertake the feasibility activity authorised by the permit; and (b) that the applicant has met the criteria prescribed by the regulations for the purposes of this subsection; and (c) to the extent that the proposed permit area comprises native title land— (i) to the extent that the native title land is the subject of a native title declaration or is within the area of a claim that is registered in a native title register—that a native title agreement is in place that authorises the issuing of the permit; and (ii) of the matters specified in any guidelines issued by the Minister for the purposes of this paragraph. Note— If there is an indigenous land use agreement registered under the Native Title Act 1993 of the Commonwealth authorising the grant of a right or interest in respect of land sufficient to undertake the proposed operations, that agreement may also authorise the issuing of the permit. (6) The Minister may issue a renewable energy feasibility permit on conditions determined by the Minister and specified in the permit. (7) A permit holder must not contravene a term or condition of a renewable energy feasibility permit. Maximum penalty: $250 000. (8) A person must not, without lawful excuse, obstruct or hinder the holder of a renewable energy feasibility permit in the reasonable exercise of rights conferred under this Act. Maximum penalty: $150 000. (9) In this section— feasibility activity means— (a) constructing, installing, operating, maintaining or decommissioning infrastructure necessary for assessing the feasibility of generating renewable energy from a renewable energy resource; or (b) undertaking an activity of a kind prescribed by the regulations for the purposes of this definition. 9—Term and renewal of permit (1) A renewable energy feasibility permit may be issued for a term of up to 5 years as may be determined by the Minister and specified in the permit. (2) A permit holder may, before the date of expiry of the permit (or at a time after the expiry of the permit as allowed by the Minister), apply to the Minister for the renewal of the renewable energy feasibility permit for a further term as may be determined by the Minister and specified in the permit. (3) An application for the renewal of a renewable energy feasibility permit— (a) must be made to the Minister in a manner and form determined by the Minister; and (b) must be accompanied by any other information that the Minister may require. (4) The Minister must not renew a renewable energy feasibility permit unless the Minister is satisfied that the applicant for the renewal has met the criteria prescribed by the regulations for the purposes of this subsection. (5) If an application for the renewal of a renewable energy feasibility permit is not decided before the date on which the permit is due to expire, the permit continues in operation until the application is decided and, if the permit is renewed, the renewal dates from the date on which the permit would, but for this subsection, have expired. (6) If the Minister decides to renew a renewable energy feasibility permit, the permit will be renewed for a term determined by the Minister and specified in the permit. Part 3—Release area 10—Minister may declare release area (1) The Minister may, by notice in the Gazette, declare an area of land comprising designated land specified in the notice that the Minister considers to be suitable for the operation of renewable energy infrastructure to be a release area. (2) A declaration under subsection (1) may specify the renewable energy resource in respect of which the area is declared. (3) A person may, by written notice to the Minister given in a manner and form determined by the Minister, nominate an area of land that the person considers suitable for declaration as a release area. (4) The Minister must, before declaring a release area— (a) if any part of the proposed area comprises pastoral land—seek the concurrence of the Minister responsible for the administration of the Pastoral Land Management and Conservation Act 1989; or (b) if any part of the proposed area comprises South Australian waters—seek the concurrence of the Minister responsible for the administration of the Harbors and Navigation Act 1993. (5) If the Minister seeks the concurrence of a Minister under subsection (4), and the Ministers cannot agree on whether or not an area should be declared, the Ministers must take steps to refer the matter to the Governor and the Governor will determine the matter (and any decision taken by the Governor will be taken to be a decision of the Minister under this Act). (6) The Minister must, before declaring a release area— (a) give notice in writing of the proposed declaration in the manner prescribed by the regulations; and (b) undertake consultation required by the regulations in a manner prescribed by the regulations. (7) If a declaration of a release area under this section is in force, an application for a renewable energy feasibility licence in respect of land within the declared area must not be made except in response to a call for tenders under section 11. (8) The prescribed particulars of a declaration under subsection (1) must be entered on the register. 11—Call for tenders for renewable energy feasibility licence (1) The Minister may, at any time, by notice in the Gazette, invite applications for renewable energy feasibility licences within a specified release area. (2) A notice under subsection (1)— (a) must specify the release area to which the call for tenders relates; and (b) must identify the area over which applications for renewable energy feasibility licences are sought; and (c) must specify a period of time within which applications for renewable energy feasibility licenses must be made; and (d) may specify that applications are to be in respect of a specified renewable energy resource; and (e) may specify criteria prescribed by the regulations against which applications will be assessed; and (f) may include any other information the Minister considers relevant; and (g) must be made publicly available on a website determined by the Minister. (3) The Minister must, in determining an application under this section— (a) comply with the prescribed requirements; and (b) have regard to any prescribed criteria specified under subsection (2)(e). (4) On determining a successful applicant, the Minister must— (a) specify, by notice in the Gazette, the name of the successful applicant and a statement of the reasons for the Minister's decision; and (b) give notice to any unsuccessful applicant of the reasons for the Minister's decision. (5) The regulations may provide for the circumstances in which the Minister may invite further applications for a renewable energy feasibility licence in respect of a release area and provide for the process by which the Minister may invite and otherwise deal with those applications. (6) A successful applicant has an exclusive right to apply for a renewable energy feasibility licence under section 17 in respect of an area within the specified release area. Part 4—Licensing Division 1—Requirement for licence 12—Regulated activities (1) The following activities, if undertaken within the State or the coastal waters of the State, are regulated activities: (a) generating hydrogen for a commercial purpose; (b) exploring for a renewable energy resource; (c) exploiting a renewable energy resource; (d) an infrastructure activity; (e) an associated infrastructure activity; (f) an activity of a kind prescribed by the regulations. (2) The following are not regulated activities: (a) undertaking an activity requiring authorisation under the Mining Act 1971, the Offshore Minerals Act 2000, the Opal Mining Act 1995, the Petroleum and Geothermal Energy Act 2000, or the Petroleum (Submerged Lands) Act 1982; (b) an activity excluded by the regulations from the ambit of the definition of regulated activities. (3) A reference to a regulated activity includes all operations reasonably necessary for, or incidental to, undertaking that activity. (4) The regulations may provide that a regulated activity may only be authorised by a specified category of licence. 13—Requirement for licence (1) A person must not undertake a regulated activity unless the activity is authorised, or exempted from authorisation, under this Act. Maximum penalty: $250 000 or imprisonment for 2 years. (2) Exploring for a renewable energy resource on land that is not designated land is exempt from the requirement to be authorised under this Act. Note— A special enterprise licence may, however, authorise a person to explore a renewable energy resource on land that is not designated land and confer a right to enter and use such land for that purpose. (3) If the Minister applies for a licence or exemption under this Act, then any power required to be exercised by the Minister in relation to the grant of the licence or exemption must be delegated to another Minister in accordance with this Act or the Administrative Arrangements Act 1994. Division 2—Licence categories Subdivision 1—Hydrogen generation licence 14—Hydrogen generation licence (1) A hydrogen generation licence, subject to the conditions of the licence, authorises the licensee— (a) to construct, install, operate, maintain and decommission a hydrogen generation facility within the licence area (which must not exceed 5 km² in area); and (b) to generate hydrogen for a commercial purpose; and (c) to undertake other regulated activities of a prescribed kind within the licence area as specified in the licence. (2) The Minister must, before granting a hydrogen generation licence, be satisfied— (a) that the applicant for the licence has, or will acquire, a right or interest in respect of land comprising the proposed licence area sufficient to undertake the proposed operations; and (b) to the extent that the proposed licence area comprises native title land— (i) to the extent that the native title land is the subject of a native title declaration or is within the area of a claim that is registered in a native title register—that a native title agreement is in place that authorises the grant of the licence; and (ii) of the matters specified in any guidelines issued by the Minister for the purposes of this paragraph. Note— If there is an indigenous land use agreement registered under the Native Title Act 1993 of the Commonwealth authorising the grant of a right or interest in respect of land sufficient to undertake the proposed operations, that agreement may also authorise the grant of the licence. 15—Term and renewal of licence (1) A hydrogen generation licence may be granted for a term determined by the Minister and notified to the licensee. (2) The holder of a hydrogen generation licence may, before the date of expiry of the licence (or at a time after the expiry of the licence as allowed by the Minister), apply to the Minister for the renewal of the licence for a further term as may be determined by the Minister and specified in the licence. (3) An application for the renewal of a hydrogen generation licence— (a) must be made to the Minister in a manner and form determined by the Minister; and (b) must be accompanied by any other information that the Minister may require. (4) The Minister must not renew a hydrogen generation licence unless the Minister is satisfied that the applicant for the renewal has met the criteria prescribed by the regulations for the purposes of this subsection. (5) If an application for the renewal of a hydrogen generation licence is not decided before the date on which the licence is due to expire, the licence continues in operation until the application is decided and, if the licence is renewed, the renewal dates from the date on which the licence would, but for this subsection, have expired. (6) If the Minister decides to grant a renewal, the hydrogen generation licence will be renewed for a term determined by the Minister and specified in the licence. 16—Minister may grant certain licences under Petroleum and Geothermal Energy Act 2000 (1) An applicant for, or the holder of, a hydrogen generation licence may, by written notice to the Minister, request that the Minister— (a) determine an application for a designated licence; and (b) determine a related matter. (2) A request under subsection (1) may only be made if the proposed designated licence is associated with authorised operations undertaken, or proposed to be undertaken, under a hydrogen generation licence. (3) The Minister must, before granting a request under subsection (1), notify the relevant Minister of the Minister's intention to grant the request. (4) If the Minister grants a request under subsection (1), the Minister may grant a designated licence, or determine a related matter, in accordance with the relevant designated provision. (5) For the purposes of granting a designated licence or determining a related matter— (a) a reference to the relevant Minister in a designated provision will be taken to be a reference to the Minister; and (b) a relevant Minister must not exercise a power under a designated provision that is exercised by the Minister pursuant to this section. (6) To avoid doubt, subsection (5) does not apply to any provision of the Petroleum and Geothermal Energy Act 2000 that is not referred to in that subsection. (7) In this section— designated licence means either of the following licences under the Petroleum and Geothermal Energy Act 2000: (a) a gas storage licence; (b) a pipeline licence; designated provision means— (a) in the case of granting a gas storage licence—Part 6 of the Petroleum and Geothermal Energy Act 2000; and (b) in the case of granting a pipeline licence—Part 8 of the Petroleum and Geothermal Energy Act 2000; and (c) in the case of determining a related matter—any other provision of the Petroleum and Geothermal Energy Act 2000 prescribed by the regulations for the purposes of this definition that allows for the determination of a related matter; related matter means— (a) the variation, revocation or renewal of a designated licence granted by the Minister; or (b) any other matter prescribed by the regulations for the purposes of this definition that is related to a designated licence granted by the Minister; relevant Minister means the Minister responsible for the administration of the Petroleum and Geothermal Energy Act 2000. Subdivision 2—Renewable energy feasibility licence 17—Renewable energy feasibility licence (1) A renewable energy feasibility licence, subject to the conditions of the licence— (a) authorises the licensee to— (i) explore a renewable energy resource in the licence area and assess the feasibility of exploiting a renewable energy resource; and (ii) construct, install, operate, maintain and decommission renewable energy infrastructure for the purposes of exploring a renewable energy resource; and (b) confers on the licensee— (i) an exclusive right to undertake activities of a kind described in paragraph (a)(i) or (ii); and (ii) a right to enter and use land within the licence area for the purposes of authorised operations. (2) The licence area of a renewable energy feasibility licence— (a) must comprise only designated land; and (b) must be located wholly within a release area. (3) The Minister must, before granting a renewable energy feasibility licence— (a) if any part of the proposed licence area comprises pastoral land—consult with the Minister to whom the administration of the Pastoral Land Management and Conservation Act 1989 is committed; and (b) if any part of the proposed licence area comprises South Australian waters—seek the concurrence of the Minister to whom the administration of the Harbors and Navigation Act 1993 is committed pursuant to section 15 of that Act. (4) The following provisions apply in relation to an application for a renewable energy feasibility licence to the extent that the proposed licence area comprises native title land: (a) to the extent that the native title land is the subject of a native title declaration or is within the area of a claim that is registered in a native title register, the Minister must, before granting the licence, be satisfied that a native title agreement is in place that authorises the grant of the licence; (b) the Minister must, before granting the licence, be satisfied of the matters specified in any guidelines issued by the Minister for the purposes of this paragraph. (5) The prescribed information in relation to a renewable energy feasibility licence must be entered on the register. 18—Term and renewal of licence (1) A renewable energy feasibility licence may be granted— (a) if any part of the proposed licence area comprises South Australian waters—for a term of up to 7 years; or (b) in any other case—for a term of up to 5 years, as may be determined by the Minister and specified in the licence. (2) The holder of a renewable energy feasibility licence may, before the date of expiry of the licence (or at a time after the expiry of the licence as allowed by the Minister), apply to the Minister for the renewal of the licence— (a) for a further term of up to 3 years as may be determined by the Minister and specified in the licence; or (b) pending a decision by the Minister on an application for the grant of a renewable energy infrastructure licence that has been made by the holder of the licence. (3) An application for the renewal of a renewable energy feasibility licence— (a) must be made to the Minister in a manner and form determined by the Minister; and (b) must be accompanied by any other information that the Minister may require. (4) The Minister must, before renewing a renewable energy feasibility licence, be satisfied— (a) that the applicant for the renewal has met the criteria prescribed by the regulations for the purposes of this paragraph; and (b) to the extent that the licence area comprises native title land that is the subject of a native title declaration or is within the area of a claim that is registered in a native title register—that a native title agreement is in place that authorises the renewal of the licence. (5) If an application for the renewal of a renewable energy feasibility licence is not decided before the date on which the licence is due to expire, the licence continues in operation until the application is decided and, if the licence is renewed, the renewal dates from the date on which the licence would, but for this subsection, have expired. Subdivision 3—Renewable energy infrastructure licence 19—Renewable energy infrastructure licence (1) A renewable energy infrastructure licence, subject to the conditions of the licence— (a) authorises the licensee to— (i) generate or obtain energy from a renewable energy resource specified in the licence; and (ii) construct, install, operate, maintain or decommission renewable energy infrastructure; and (iii) store, transmit or otherwise convey energy obtained from a renewable energy resource; and (iv) undertake other regulated activities of a prescribed kind as specified in the licence; and (b) to the extent that the licence area comprises designated land—confers on the licensee— (i) an exclusive right to undertake activities of a kind described in paragraph (a)(i); and (ii) an exclusive right to undertake activities of a kind described in paragraph (a)(ii) other than the construction, installation, operation, maintaining or decommissioning of renewable energy infrastructure that has the primary purpose of storing, transmitting or otherwise conveying a renewable energy resource; and (iii) a right to enter and use designated land within the licence area for the purposes of authorised operations. (2) The Minister must not grant a renewable energy infrastructure licence over an area of designated land unless— (a) the applicant for the licence holds, or has held, a renewable energy feasibility licence in respect of that area; and (b) the licence area to which the application relates is the whole or a part of an area over which the renewable energy feasibility licence is or was held. (3) The Minister must, before granting a renewable energy infrastructure licence, to the extent that the proposed licence area comprises land that is not designated land, be satisfied that the applicant for the licence has, or will acquire, a right or interest in respect of land comprising that part of the proposed licence area sufficient to undertake the proposed operations. (4) The Minister must, before granting a renewable energy infrastructure licence— (a) if any part of the proposed licence area comprises pastoral land—seek the concurrence of the Minister to whom the administration of the Pastoral Land Management and Conservation Act 1989 is committed; and (b) if any part of the proposed licence area comprises South Australian waters—seek the concurrence of the Minister administering the Harbors and Navigation Act 1993 pursuant to section 15 of that Act. (5) If the Minister seeks the concurrence of a Minister under subsection (4)(a), and the Ministers cannot agree on whether or not a licence should be granted, the Ministers must take steps to refer the matter to the Governor and the Governor will determine the matter (and any decision taken by the Governor will be taken to be a decision of the Minister under this Act). (6) The following provisions apply in relation to an application for a renewable energy infrastructure licence to the extent that the proposed licence area comprises native title land: (a) to the extent that the native title land is the subject of a native title declaration or is within the area of a claim that is registered in a native title register, the Minister must, before granting the licence, be satisfied that a native title agreement is in place that authorises the grant of the licence; Note— If there is an indigenous land use agreement registered under the Native Title Act 1993 of the Commonwealth authorising the grant of a right or interest in respect of land sufficient to undertake the proposed operations, that agreement may also authorise the grant of the licence. (b) the Minister must, before granting the licence, be satisfied of the matters specified in any guidelines issued by the Minister for the purposes of this paragraph. (7) The prescribed information in relation to a renewable energy infrastructure licence must be entered on the register. 20—Term and renewal of licence (1) The term of a renewable energy infrastructure licence is 50 years, or such longer or shorter term determined by the Minister and specified in the licence. (2) The holder of a renewable energy infrastructure licence may, before the date of expiry of the licence (or at a time after the expiry of the licence as allowed by the Minister), apply to the Minister for the renewal of the licence for a further term as may be determined by the Minister and specified in the licence. (3) An application for the renewal of a renewable energy infrastructure licence— (a) must be made to the Minister in a manner and form determined by the Minister; and (b) must be accompanied by any other information that the Minister may require. (4) The Minister must, before renewing a renewable energy infrastructure licence, be satisfied— (a) that the applicant for the renewal has met the criteria prescribed by the regulations for the purposes of this paragraph; and (b) if any part of the licence area comprises land that is not designated land—that the applicant for the renewal has, or will acquire, a right or interest in respect of land comprising that part of the licence area sufficient to undertake authorised operations; and (c) — (i) if any part of the licence area comprises designated land; and (ii) to the extent that the designated land comprises native title land that is the subject of a native title declaration or is within the area of a claim that is registered in a native title register, that a native title agreement is in place that authorises the renewal of the licence. (5) If an application for the renewal of a renewable energy infrastructure licence is not decided before the date on which the licence is due to expire, the licence continues in operation until the application is decided and, if the licence is renewed, the renewal dates from the date on which the licence would, but for this subsection, have expired. (6) If the Minister decides to grant a renewal, the renewable energy infrastructure licence will be renewed for a term determined by the Minister and specified in the licence. Subdivision 4—Renewable energy research licence 21—Renewable energy research licence (1) A renewable energy research licence, subject to the conditions of the licence— (a) authorises the licensee— (i) to explore a renewable energy resource within the licence area and assess the feasibility of exploiting a renewable energy resource; and (ii) to exploit a renewable energy resource for the purpose of researching the capabilities of a technology, system or process for generating renewable energy; and (iii) to construct, install, operate, maintain and decommission renewable energy infrastructure for the purposes of undertaking activities of the kind described in a preceding subparagraph; and (b) confers a right to enter and use designated land within the licence area for the purposes of authorised operations. (2) The Minister must, before granting a renewable energy research licence— (a) if any part of a proposed licence area comprises pastoral land—seek the concurrence of the Minister to whom the administration of the Pastoral Land Management and Conservation Act 1989 is committed; and (b) if any part of a proposed licence area comprises South Australian waters—seek the concurrence of the Minister administering the Harbors and Navigation Act 1993 pursuant to section 15 of that Act. (3) If the Minister seeks the concurrence of a Minister under subsection (2)(a), and the Ministers cannot agree on whether or not a licence should be granted, the Ministers must take steps to refer the matter to the Governor and the Governor will determine the matter (and any decision taken by the Governor will be taken to be a decision of the Minister under this Act). (4) The Minister must, before granting a renewable energy research licence, if any part of the proposed licence area comprises land that is not designated land, be satisfied that the applicant for the licence has, or will acquire, a right or interest in respect of land comprising the proposed licence area sufficient to undertake the proposed operations. (5) The following provisions apply in relation to an application for a renewable energy research licence to the extent that the proposed licence area comprises native title land: (a) to the extent that the native title land is the subject of a native title declaration or is within the area of a claim that is registered in a native title register, the Minister must, before granting the licence, be satisfied that a native title agreement is in place that authorises the grant of the licence; Note— If there is an indigenous land use agreement registered under the Native Title Act 1993 of the Commonwealth authorising the grant of a right or interest in respect of land sufficient to undertake the proposed operations, that agreement may also authorise the grant of the licence. (b) the Minister must, before granting the licence, be satisfied of the matters specified in any guidelines issued by the Minister for the purposes of this paragraph. (6) The prescribed information in relation to a renewable energy research licence must be entered on the register. 22—Term and renewal of licence (1) A renewable energy research licence may be granted for a term determined by the Minister and notified to the licensee. (2) The holder of a renewable energy research licence may, before the date of expiry of the licence (or at a time after the expiry of the licence as allowed by the Minister), apply to the Minister for the renewal of the licence for a further term as may be determined by the Minister and specified in the licence. (3) An application for the renewal of a renewable energy research licence— (a) must be made to the Minister in a manner and form determined by the Minister; and (b) must be accompanied by any other information that the Minister may require. (4) The Minister must, before renewing a renewable energy research licence, be satisfied— (a) that the applicant for the renewal has met the criteria prescribed by the regulations for the purposes of this paragraph; and (b) if any part of the licence area comprises land that is not designated land—that the applicant for the renewal has, or will acquire, a right or interest in respect of land comprising that part of the licence area sufficient to undertake authorised operations; and (c) — (i) if any part of the licence area comprises designated land; and (ii) to the extent that the designated land comprises native title land that is the subject of a native title declaration or is within the area of a claim that is registered in a native title register, that a native title agreement is in place that authorises the renewal of the licence. (5) If an application for the renewal of a renewable energy research licence is not decided before the date on which the licence is due to expire, the licence continues in operation until the application is decided and, if the licence is renewed, the renewal dates from the date on which the licence would, but for this subsection, have expired. (6) If the Minister decides to grant a renewal, the renewable energy research licence will be renewed for a term determined by the Minister and specified in the licence. Subdivision 5—Associated infrastructure licence 23—Associated infrastructure licence (1) An associated infrastructure licence, subject to subsection (2) and the conditions of the licence— (a) authorises the licensee— (i) to undertake an associated infrastructure activity specified in the licence within the licence area; and (ii) to store, transmit or otherwise convey, within the licence area, energy obtained from a renewable energy resource; and (iii) to undertake an activity within the licence area that is necessary or incidental to undertaking a regulated activity undertaken under another licence; and Example— Necessary or incidental activities may include the construction of access roads, camps or the construction and operation of water pipelines or water treatment facilities. (b) may confer a right to enter and use designated land for the purposes of undertaking authorised operations in respect of land within the licence area. Note— A licence may confer a right to enter and use designated land under paragraph (b) if the licensee does not have a right or interest in respect of land comprising the licence area sufficient to undertake authorised operations. (2) A regulated activity of a kind specified by the regulations for the purposes of this subsection may not be authorised under an associated infrastructure licence. (3) The Minister must, before granting an associated infrastructure licence that confers a right to enter and use designated land for the purposes of undertaking authorised operations— (a) if any part of the proposed licence area comprises pastoral land—seek the concurrence of the Minister to whom the administration of the Pastoral Land Management and Conservation Act 1989 is committed; and (b) if any part of the proposed licence area comprises South Australian waters—seek the concurrence of the Minister administering the Harbors and Navigation Act 1993 pursuant to section 15 of that Act. (4) If the Minister seeks the concurrence of a Minister under subsection (3)(a), and the Ministers cannot agree on whether or not a licence should be granted, the Ministers must take steps to refer the matter to the Governor and the Governor will determine the matter (and any decision taken by the Governor will be taken to be a decision of the Minister under this Act). (5) The Minister must, before granting an associated infrastructure licence that will not confer a right to enter and use designated land within the licence area for the purposes of undertaking authorised operations, be satisfied that the applicant for the licence has met the prescribed requirements in respect of land comprising the proposed licence area that will enable proposed operations to be undertaken under the proposed licence. (6) The following provisions apply in relation to an application for an associated infrastructure licence to the extent that the proposed licence area comprises native title land: (a) — (i) if the proposed licence is to confer a right to enter and use designated land within the licence area for the purposes of undertaking authorised operations; and (ii) to the extent that the designated land is the subject of a native title declaration or is within the area of a claim that is registered in a native title register, the Minister must, before granting the licence, be satisfied that a native title agreement is in place that authorises the grant of the licence; (b) the Minister must, before granting the licence, be satisfied of the matters specified in any guidelines issued by the Minister for the purposes of this paragraph. (7) An associated infrastructure licence may be granted to a person who does not hold another licence under this Act. (8) The prescribed information in relation to an associated infrastructure licence must be entered on the register. 24—Term and renewal of licence (1) An associated infrastructure licence may be granted for a term determined by the Minister and notified to the licensee. (2) The holder of an associated infrastructure licence may, before the date of expiry of the licence (or at a time after the expiry of the licence as allowed by the Minister), apply to the Minister for the renewal of the licence. (3) An application for the renewal of an associated infrastructure licence— (a) must be made to the Minister in a manner and form determined by the Minister; and (b) must be accompanied by any other information that the Minister may require. (4) The Minister must, before renewing an associated infrastructure licence, be satisfied— (a) that the applicant for the renewal has met the criteria prescribed by the regulations for the purposes of this paragraph; and (b) if the licence does not confer a right to enter and use designated land within any part of the licence area—that the applicant for the renewal has, or will acquire, a right or interest in respect of land comprising that part of the licence area sufficient to undertake authorised operations; and (c) — (i) if the licence confers a right to enter and use designated land within the licence area for the purposes of undertaking authorised operations; and (ii) to the extent that the designated land comprises native title land that is the subject of a native title declaration or is within the area of a claim that is registered in a native title register, that a native title agreement is in place that authorises the renewal of the licence. (5) If an application for the renewal of an associated infrastructure licence is not decided before the date on which the licence is due to expire, the licence continues in operation until the application is decided and, if the licence is renewed, the renewal dates from the date on which the licence would, but for this subsection, have expired. (6) If the Minister decides to grant a renewal, the associated infrastructure licence will be renewed for a term determined by the Minister and specified in the licence. Subdivision 6—Special enterprise licence 25—Object The object of this Subdivision is to facilitate the establishment, development or expansion of enterprises comprising 1 or more regulated activities that are of major significance to the economy of the State by allowing greater security and flexibility of tenure and access to land. 26—Special enterprise (1) For the purposes of this Subdivision, an enterprise comprising 1 or more regulated activities (whether existing or proposed) is a special enterprise if— (a) the Minister and the person who conducts or proposes to establish the enterprise (the proponent) have entered into an agreement for the purposes of the grant of a special enterprise licence; and (b) the Governor has ratified the agreement between the Minister and the proponent. (2) An agreement under subsection (1)(a)— (a) must be in a form determined by the Minister after consultation with the proponent; and (b) has effect when ratified by the Governor; and (c) may be varied from time to time by further agreement between the parties after complying with any process or procedure prescribed by the regulations; and (d) must be entered on the register. (3) A variation to an agreement under subsection (2)(c) has no force or effect unless or until it is ratified by the Governor and entered on the register (and, to avoid doubt, subsection (4) does not apply to the variation of an agreement). (4) The Governor must, before ratifying an agreement under this section, be satisfied, after taking into account the advice of the Minister— (a) that the establishment, development or expansion of the enterprise comprising a regulated activity are of major significance to the economy