The legislative framework
The Offshore Electricity Infrastructure framework provides a licensing scheme to enable the construction, operation and decommissioning of offshore renewable energy and offshore electricity infrastructure projects. The framework applies to offshore locations from three nautical miles off the coast to the boundary of Australia’s exclusive economic zone, with coastal waters remaining the responsibility of the adjacent State and Northern Territory governments. The framework upholds the principle of shared use of the marine environment providing regulatory and investment certainty through security of tenure and protections for offshore infrastructure.
Under the framework, the Minister for Energy makes all licensing decisions. This includes declaring areas suitable for offshore renewable energy infrastructure, both at a commercial scale and for research and development of new and emerging technologies. The declaration of an offshore area is informed through consultation with stakeholders including existing marine users, State and Territory Governments and Australian Government agencies with responsibilities in the marine area and the community.
The Offshore Electricity Infrastructure Act 2021 establishes the Offshore Infrastructure Registrar (the Registrar), who is responsible for administering the licensing scheme, including assessing licence applications, and making recommendations to the Minister for Energy. The allocation of licences in a declared area is merit-based and includes an assessment of technical and financial capability and the overall suitability of the proposed project. Staff within the National Offshore Petroleum Titles Administrator assist the Registrar.
Prior to commencing offshore infrastructure activities, a licence holder will also be required to submit a management plan to the Offshore Infrastructure Regulator for assessment. Management plans will contain details about the operational aspects of a project and content will vary according to the licence and type of project.
Regulatory process map
Further information
More information about declaring areas suitable for offshore renewable energy projects is available at: Establishing offshore renewable energy infrastructure - DCCEEW
More information about offshore electricity infrastructure licences is available at offshoreregistrar.gov.au
Legislation
Offshore Electricity Infrastructure Act 2021
Offshore Electricity Infrastructure (Consequential Amendments) Act 2021
Offshore Electricity Infrastructure Regulations 2022