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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2023-10-19 Daily Xml
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Bills

Hydrogen and Renewable Energy Bill

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. C.M. SCRIVEN (Minister for Primary Industries and Regional Development, Minister for Forest Industries) (17:27): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and explanation of clauses inserted in Hansard without my reading them.

Leave granted.

South Australia is already a recognised world leader in the global energy transition. The landmark Bill seeks to extend this State's leadership even further by introducing the nation's first legislative framework for the coordinated rollout of a hydrogen industry supported by renewable energy.

Since early in the 21st century, South Australia has sought to harness its abundance of coincident solar and wind resources to substantially reduce our dependence on traditional energy generation and increase the prevalence of renewable energy.

By setting out on this mission to radically evolve our energy mix, South Australia generates 70 per cent of its energy from renewable sources, up from 2 per cent at the turn of the century. For South Australia to respond to the climate change emergency declared by this Parliament and achieve net zero carbon emissions by 2050, this State needs a coordinated pathway to unlock its abundant renewable energy resources. To achieve this 2050 goal as a nation, Australia will require investment in 40 times more renewable energy sources than are currently supplied into the National Electricity Market.

With our abundant wind and solar resources, vast tracts of land and waters, and the rapid emergence of hydrogen as a green energy source capable of meeting local and international energy needs, South Australia is in a strong position to become a global leader in clean, green energy and minerals for 21st century economies.

The scale of the approaching hydrogen and renewable energy investment and development has required fresh consideration of our frameworks and policies to ensure this transformation is focussed on the delivery of state strategic priorities and is harnessed to deliver shared benefits for all South Australians, the environment, Aboriginal empowerment and greater self-determination.

The reforms represented in this Bill are designed to provide a coordinated, just, and inclusive legislative and regulatory framework to respond to these opportunities and challenges, and place South Australia firmly in the driver's seat as a leading practice jurisdiction for contemporary, socially responsible and sustainable management of energy resources.

The Bill introduces an efficient, flexible, transparent, and consultative licencing and regulatory framework for the entire lifecycle of large-scale renewable energy and hydrogen projects, from feasibility, construction and operation, through to closure, decommissioning and environmental rehabilitation.

The mechanisms adopted mirror the one-window-to-government approach currently used to license and regulate the mineral and energy resources sectors in South Australia—an approach that has been lauded as a model for other jurisdictions.

While relevant requirements under other laws will still need to be complied with, one-window-to-government means that project proponents will have one point of contact to government and, through the process of co-regulation, an expert, dedicated lead agency will be responsible for coordinating approvals from all relevant state safety and environmental regulatory agencies and the respective legislative requirements. This approach provides certainty from project conception to completion, for hydrogen and renewable energy producers, Aboriginal people, landholders and all South Australians alike.

This Bill applies to both freehold land and government owned land and State waters. This means hydrogen and renewable energy activities on all land types will be covered by this proposed legislation.

A state-wide licensing and regulatory framework, no matter the underlying land type, will deliver community and investor certainty and clarity, and consistently reliable performance across social, environmental and safety aspects of the industry. It will ensure the ongoing monitoring and compliance activities, enforcement of terms and conditions, and decommissioning and rehabilitation measures, including a financial assurance mechanism, to protect landowners, the environment, taxpayers, and the government.

It is critical to be very clear, on freehold land, proponents will need to secure access to land through direct agreement with landowners. This preserves current arrangements where freehold landowners are in control of who can enter their land and under what circumstances and conditions.

An innovative, competitive system will be introduced for conferring access and licences for projects on pastoral land and state waters, enabling the government to responsibly assign access to some of the state's most prospective areas for renewable energy development. To do this, the Bill introduces the concept of release areas consisting of designated land (pastoral land, state waters, and prescribed Crown land).

Only after a consultative process involving government agencies, native title holders, other impacted stakeholders and (if applicable) an assessment by the responsible Minister and the Ministers responsible for the Pastoral Land Management and Conservation Act 1989 and Harbors and Navigation Act 1993, will specific designated areas be declared a release area.

A declaration of a release area will enable a competitive tender process for feasibility licences over that land and waters, with applicants to compete based on transparent selection criteria. This provides South Australia with the opportunity to 'raise the bar' and ensure we only host those proponents of a calibre that are willing and able to deliver community and environmental benefits through their projects, in line with leading environment, social and governance outcomes.

Furthermore, for the privilege of being granted access to designated land for the purpose of generating renewable energy this legislation makes provision for the state to charge appropriate rent for the use of such land. This rent will be utilised to deliver economic benefits to the broader community to South Australia.

The scope of regulated activities in the Bill has specifically been designed to enable South Australia to rapidly adapt to the future composition of these emerging industries, by providing flexibility as to what types of associated infrastructure are able to be licensed and regulated under the framework.

Five licence types will be created relating to the key stages of project development for the generation of renewable energy or hydrogen, from the early research and feasibility stage, right through to the construction, operation and closure of facilities. These licences are the Renewable Energy Feasibility Licence, Renewable Energy Infrastructure Licence, Renewable Energy Research Licence, Hydrogen Generation Licence and Associated Infrastructure Licence.

The Associated Infrastructure Licence has been designed to provide flexibility by allowing for the licensing and regulation of additional activities that are associated with hydrogen and renewable energy projects. This could include hydrogen power plants, hydrogen related ports, energy storage, transmission infrastructure, or ancillary facilities like workers accommodation or access roads, among other things. This ensures the Bill can provide the benefits of the one-window-to-government approach for significant multi-faceted projects such as the Hydrogen Jobs Plan and Port Bonython Hydrogen Hub.

A further licence type, a Special Enterprise Licence, has been provided for, to facilitate the establishment, development or expansion of hydrogen and renewable energy enterprises of major significance to the economy of this State. The power to grant a special enterprise licence may be exercised as a last resort to enable appropriate enterprises to proceed where access to the relevant land or waters is not able to be agreed.

A Special Enterprise Licence may be granted in relation to freehold and non-freehold land and state waters. It has been designed so that a special enterprise licence will co-exist with existing rights and interests as far as possible, and that existing rights and interests may continue to be enjoyed wherever that is consistent with the authorised operations carried out pursuant to the licence. This licence will provide a more fit for purpose, constrained option, in addition to non-consensual powers in other Acts. As with other licences under the Bill, a person carrying out activities pursuant to a special enterprise licence will still need to comply with other applicable laws, including the Aboriginal Heritage Act 1988.

Feasibility activities on freehold land will be able to occur under a permitting framework that enables the construction and decommissioning of monitoring infrastructure, such as met masts. All other typical exploration activities on freehold land will be with the consent and approval of landowners, as is currently the case.

The government is committed to the development of a renewable energy and hydrogen sector that is ecologically sustainable. Accordingly, this Bill proposes to regulate and conduct hydrogen and renewable energy development in a responsible manner that aims to minimise its effects on the State's natural resources such as our native vegetation, biodiversity, waters, and our network of parks.

The framework does not alter the existing environmental and natural resources legislation, or the way in which it is administered. Responsible ministers and agencies will continue to exercise the powers as they currently exist.

A robust environmental impact assessment process is incorporated into the licensing process to ensure that regulated activities authorised under this framework are managed so as to minimise environmental impacts and ensure land adversely affected by regulated activities is properly rehabilitated. This includes ensuring Aboriginal heritage is protected in accordance with the Aboriginal Heritage Act 1988.

This process will use similar impact assessment benchmarks already adopted in this State that have provided the community with the assurance that projects are evaluated in a robust manner that allows for consultation on the various issues of environmental concern and the balancing of coexistent land uses.

Proponents must properly manage and minimise any activities that have actual or potential adverse environmental impacts and manage and minimise risks of significant long term environmental damage. To demonstrate this requirement, proponents must undertake, consult on, and publish an environmental impact assessment.

Environmental impact assessments include a statement of environmental objectives setting out measurable environmental objectives, which is provided to the Minister for public consultation and approval alongside an environmental impact report.

This stage of the process also requires provisions for end of project life, backed by a financial assurance mechanism, meaning that the proponent must ensure effective decommissioning of infrastructure and proper rehabilitation of impacted land or waters.

The preparation of an environmental impact report and the approval of the statement of environmental objectives must occur before a licence grant. This will ensure referrals seeking the expert advice of relevant Ministers and bodies have occurred, and the public have the chance to have their say on a proposal before the Minister makes a decision on the project. The detailed referrals to be developed in the Regulations will closely reflect referral powers and responsibilities under the Planning, Development and Infrastructure Act 2016, a system familiar to government, industry, and communities.

The environmental impact assessment process, including an optional early scoping process, seeks to align with the Environment Protection and Biodiversity Conservation Act 1999. The Bill delivers transparency and procedural fairness, reduces uncertainty and supports genuine and quality interactions between all affected parties.

Upon approval of the statement of environmental objectives, a final approval will be required to commence activities. This approval requires the licensee to submit an Operational Environmental Management Plan clearly specifying all operational details demonstrating to the regulator how the relevant approved statement of environmental objectives will be achieved.

Where native title exists in relation to an application for a Renewable Energy Feasibility Licence, Renewable Energy Infrastructure Licence, Renewable Energy Research Licence, Hydrogen Generation Licence, Associated Infrastructure Licence (where the licence confers access to designated land) and a Renewable Energy Feasibility Permit, another important precondition for licence grant has been included.

These licence types will not be able to be granted in relation to land where native title exists or might exist ('native title land') that is the subject of a native title determination, or within a registered native title claim, unless the registered native title holders or claimants have consented to that grant in an indigenous land use agreement (ILUA) under the Native Title Act 1993 (Cth). To provide flexibility for native title groups, provisions enable a less formal type of agreement to be negotiated if valid under the Native Title Act, and only at the request of the native title group.

In keeping with the Bill's object to maximise economic opportunities for Aboriginal people, the government will also develop guidelines to support leading practice engagement and negotiations. Additionally, the establishment of a Hydrogen and Renewable Energy Fund comprising money that can be used for purposes related to the objects of the Act, also includes the protection and preservation of native title and Aboriginal heritage in South Australia.

Renewable energy development opportunities are recognised to exist in some of the state's most highly prospective mineral regions, and economically and culturally significant primary industries regions. The Bill maintains the State's commitment to multiple land use, ensuring hydrogen and renewable energy projects can coexist as far as possible with other rights or interests, through access agreements, dispute resolution mechanisms, compensation and notice of entry provisions, as well as consultation at various stages with landowners to ensure impacts are minimised on existing uses.

The Bill recognises the role pastoralists continue to play as stewards of the pastoral estate and seeks to enhance pastoralists rights compared to current rights under the Pastoral Land Management and Conservation Act 1989.

This object is achieved by providing improved access agreement conditions and strengthening dispute resolution mechanisms. The Bill establishes the principle that licensees must limit the impacts of the renewable energy project to have least detriment to the interests of the pastoralist and least damage to the land.

Before any activities can begin, licensees will need to enter into an access agreement with affected pastoralists. The access agreement must address access to the licence area and infrastructure in the licence area during the exploration, construction, installation, operation and decommissioning of infrastructure. Access agreements must also address compensation that is payable to the pastoralist resulting from entry to, and use of, their lease.

These access agreements will be critical in ensuring an ongoing and constructive relationship is established between pastoralists and renewable energy developers. While the Bill dictates what access agreements must contain, such as compensation, it does not limit what can be agreed. Pastoralists are free to negotiate with licensees on other matters as they see fit.

To further support pastoralists and other landowners, the government-funded independent Landowner Information Service will be extended to cover renewable energy activities. Extending the scope of the Service will ensure landowners can access trusted support and advice about their rights. The service is designed to provide information to help landowners make informed decisions. It takes often complex technical and legal information and makes it easy to understand for landowners who are new to the process.

To support the coexistence of large-scale renewable energy and mining, two critical sectors underpinning the State's net zero transformation, the Bill introduces a notice of entry mechanism for resource tenements. Resource tenements will have a right to object to entry if a renewable energy project will cause material diminishment of their existing rights. It is expected that licensees and resource tenement holders will engage collaboratively to achieve successful coexistence of authorised activities and operations. The ability to successfully engage is already a requirement of an applicant's operational capability under the Mining Act 1971 and will similarly be a key indicator of an applicant's capability under this proposed framework.

To achieve an appropriate balance between industries, it is intended that material diminishment will be measured against only advanced activities, such as advanced exploration, existing mining or production leases, and work program commitments. The mere existence of a resource tenement is not enough to amount to material diminishment. Rather, it is expected that licensees and resource tenements agree on the manner to which activities and operations are to be undertaken and this is to be carried out such that there is no material diminishment of those operations.

In keeping with the object of achieving balance between competing land uses, the Bill also includes consequential amendments to the Mining Act 1971 and Petroleum and Geothermal Energy Act 2000 that will recognise licence and permit holders under this Bill as owners of land. This will allow existing protections under those legislative frameworks to apply to renewable energy and hydrogen licensees as they do to other land users. Similarly, the Bill makes it clear that other powers exercised by government are not limited by the presence of such a licence, meaning approvals for resources activities can still be granted where a renewable energy or hydrogen licence exists.

Finally, to ensure a fair and efficient transition for renewable energy projects that are currently operating, or are in the process of seeking development approval, and avoid any unnecessary duplication and costs, the Bill includes detailed transitional provisions.

The development of this Bill has been an ongoing conversation between the government and the people of this State, supported by early, genuine consultation processes on both a comprehensive Issues Paper released in late 2022 and a resultant draft Bill released in May 2023.

Our engagement has recognised that informed, early and ongoing participation of Aboriginal people is essential to achieving the development of a globally significant sustainable renewable energy and hydrogen sector in South Australia.

Almost from inception, the advice of our First Nations people was sought on the design of the reforms and their views incorporated into aspects of the regulatory framework that related to their rights and interests.

Two South Australian Aboriginal Renewable Energy Forums have brought together Aboriginal groups to strengthen relationships, understand the issues and challenges impacting on Aboriginal groups and to discuss opportunities for Aboriginal people and government to work together on the development of renewable energy in South Australia.

Similarly, the government recognises that our regional and rural communities will also be significantly affected by these reforms. A dedicated workshop was delivered for the pastoral community to support quality engagement with the government on the draft Bill. Information sessions were conducted across South Australia's regions during each consultation period, in addition to online sessions, webinars and written materials, providing everyone with the greatest opportunity to have their say on this landmark legislation.

Feedback received through the consultation processes has meaningfully shaped the Bill and I thank everyone that has participated to date.

Importantly, this is not the end of the conversation. The government will continue to work with all stakeholders and rights holders to develop the associated Regulations, and to move forward in identifying the first release areas for competitive tender under this framework. This work will continue to be underpinned by principles of transparency, certainty, efficiency and fairness. The Bill also includes review provisions, requiring a review to be initiated five years following the commencement of the Act and every five years thereafter, enabling us to continuously improve and stay at the forefront of this global transition to net zero.

The transformation engendered by these reforms will significantly change land use across South Australia. But this State's continued leadership in developing a fit-for-purpose regulatory framework provides a substantial opportunity for South Australia to attract significant high-quality investment and ensure this State retains its global leadership in the energy transition.

I commend this Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

3—Objects

This clause sets out the objects of the measure.

4—Interpretation

This clause defines terms to be used in the measure.

5—Application of Act

This clause provides that the proposed measure is intended to have extraterritorial application insofar as the legislative powers of the Parliament permit.

6—Interaction with other Acts

This clause provides that the provisions in the proposed measure are in addition to, and do not limit, the provisions of any other Act. Subclause (2) provides the matters to which the Minister must have regard if taking any action under the proposed measure that is within, or likely to have a direct impact on, the Adelaide Dolphin Sanctuary or a marine park.

Part 2—Preliminary investigation of renewable energy resources

Division 1—Minister may explore renewable energy resources

7—Minister may explore renewable energy resources

Subclause (1) provides that the Minister, or a person with the written authorisation of the Minister, may undertake the following for the purposes of exploring renewable energy resources:

enter and remain on land with assistants, vehicles and equipment as may be necessary or expedient for the purposes of the investigation;

explore and make tests on land;

construct, install, operate, maintain or decommission infrastructure on land necessary for assessing the feasibility of generating renewable energy from a renewable energy resource;

take photographs, audio or video recordings of land;

undertake any other activities of a kind prescribed by the regulations.

Subclause (2) provides for the Minister or authorised person to give notice of an intent to undertake such exploration to any owner of land in a manner outlined in the subclause. Subclauses (3) and (4) contain provisions consequential on the other matters addressed in the clause.

Division 2—Renewable energy feasibility permit

8—Renewable energy feasibility permit

This clause allows for the granting of a renewable energy feasibility permit, which, subject to the conditions of the permit, authorises a person to undertake a feasibility activity specified in the permit within the permit area.

A feasibility activity is defined as constructing, installing, operating, maintaining or decommissioning infrastructure necessary for assessing the feasibility of generating renewable energy from a renewable energy resource. The clause sets out the application process for a permit and creates offences for permit holders to contravene a condition of a permit, and persons interfering with activities authorised to be undertaken under a permit.

9—Term and renewal of permit

This clause provides for the term of a renewable energy feasibility permit and the preconditions to applying for a renewal of a permit.

Part 3—Release area

10—Minister may declare release area

This clause sets out the process whereby the Minister may, by notice in the Gazette, declare an area of land to be a release area suitable for the operation of renewable energy infrastructure.

The clause further provides for preconditions to the declaring of a release area, including seeking the concurrence of relevant Ministers and giving notice and undertaking consultation.

If a declaration of a release area 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.

11—Call for tenders for renewable energy feasibility licence

This clause sets out the process by which the Minister may invite applications for renewable energy feasibility licences within a specified release area. A successful applicant has an exclusive right to apply for a renewable energy feasibility licence in the release area.

Part 4—Licensing

Division 1—Requirement for licence

12—Regulated activities

This clause defines what constitutes a regulated activity, being all operations reasonably necessary for, or incidental to, undertaking the following within the State or coastal waters of the State:

generating hydrogen for a commercial purpose;

exploring for a renewable energy resource;

exploiting a renewable energy resource;

an infrastructure activity;

an associated infrastructure activity.

The regulations may provide that an activity may be included or excluded from the ambit of the definition of regulated activities, and that a regulated activity may only be authorised by a specified category of licence.

13—Requirement for licence

Subclause (1) makes it an offence, with a maximum penalty of $250,000 or imprisonment for 2 years, for a person to undertake a regulated activity without an authorisation or exemption from authorisation under the proposed measure.

Subclause (2) provides for an exemption for a person who explores a renewable energy resource on land other than designated land from authorisation under the proposed measure.

Division 2—Licence categories

Subdivision 1—Hydrogen generation licence

14—Hydrogen generation licence

This clause provides for the granting of a hydrogen generation licence, which authorises the licensee—

to construct, install, operate, maintain and decommission a hydrogen generation facility within the licence area (which must not exceed 5 km² in area); and

to generate hydrogen for a commercial purpose (as defined in clause 4); and

to undertake other regulated activities within the licence area as specified in the licence.

The clause further sets out specified preconditions of which the Minister must be satisfied before granting the licence.

15—Term and renewal of licence

This clause sets out the term of the hydrogen generation licence and the process for renewing the licence.

16—Minister may grant certain licences under Petroleum and Geothermal Energy Act 2000

This clause gives power to the Minister to grant a gas storage licence or a pipeline licence to the holder of, or an applicant for, a hydrogen generation licence in accordance with the relevant provisions of the Petroleum and Geothermal Energy Act 2000 that allow for the granting of those licences.

Subdivision 2—Renewable energy feasibility licence

17—Renewable energy feasibility licence

This clause provides for the granting of a renewable energy feasibility licence, which—

authorises the licensee to explore a renewable energy resource in the licence area and assess the feasibility of exploiting a renewable energy resource; and

authorises the licensee to construct, install, operate, maintain and decommission renewable energy infrastructure for the purposes of exploring a renewable energy resource; and

confers on the licensee an exclusive right to undertake the activities described above; and

confers on the licensee a right to enter and use land within the licence area for the purposes of authorised operations.

A renewable energy feasibility licence is to be located wholly within a release area and must only comprise land that is designated land. Designated land is defined as including pastoral land, Crown land, South Australian waters and excludes the Arkaroola Protection Area and restricted and sanctuary zones within marine parks and wilderness protection areas.

The clause further sets out the matters to which the Minister must have regard before granting a licence, and the permissions required from other Ministers before granting a licence. The prescribed information in relation to the licence must be entered on the hydrogen and renewable energy register.

18—Term and renewal of licence

This clause sets out the term of the licence and the process for renewing a renewable energy feasibility licence.

Subdivision 3—Renewable energy infrastructure licence

19—Renewable energy infrastructure licence

A renewable energy infrastructure licence authorises the licensee to—

generate or obtain energy from a renewable energy resource specified in the licence; and

construct, install, operate, maintain or decommission renewable energy infrastructure; and

store, transmit or otherwise convey energy obtained from a renewable energy resource; and

undertake other regulated activities of a prescribed kind as specified in the licence.

To the extent that the licence area comprises designated land, the licence also confers on the licensee—

an exclusive right to generate or obtain energy from a renewable energy resource specified in the licence; and

an exclusive right to construct, install, operate, maintain or decommission renewable energy infrastructure other than renewable energy infrastructure that has the primary purpose of exploiting a renewable energy resource; and

a right to enter and use designated land for the purposes of authorised operations.

A renewable energy infrastructure licence over designated land must not be granted unless—

the applicant for the licence holds or has held a renewable energy feasibility licence in respect of that area; and

the licence area to which the application relates is the whole or part of an area over which the renewable energy feasibility licence is or was held.

The clause further sets out the matters to which the Minister must have regard before granting a licence, and the permissions required from other Ministers before granting a licence. The prescribed information in relation to the licence must be entered on the hydrogen and renewable energy register.

20—Term and renewal of licence

This clause sets out the term of the licence and the process for renewing a renewable energy infrastructure licence.

Subdivision 4—Renewable energy research licence

21—Renewable energy research licence

A renewable energy research licence authorises the licensee—

to explore a renewable energy resource within the licence area and assess the feasibility of exploiting a renewable energy resource; and

to exploit a renewable energy resource for the purpose of researching the capabilities of a technology, system or process for generating renewable energy; and

to construct, install, operate, maintain and decommission renewable energy infrastructure for the purposes of undertaking activities of the kind described above.

A licence in respect of designated land also confers a right on the licensee enter and use designated land within the licence area for the purposes of authorised operations.

The clause further sets out the matters to which the Minister must have regard before granting a licence, and the permissions required from other Ministers before granting a licence. The prescribed information in relation to the licence must be entered on the hydrogen and renewable energy register.

22—Term and renewal of licence

This clause sets out the term of the licence and the process for renewing a renewable energy research licence.

Subdivision 5—Associated infrastructure licence

23—Associated infrastructure licence

An associated infrastructure licence authorises the licensee—

to undertake an associated infrastructure activity specified in the licence on land within the licence area; and

to store, transmit or otherwise convey, within the licence area, energy obtained from a renewable energy resource; and

to undertake an activity within the licence area that is necessary or incidental to undertaking a regulated activity undertaken under another licence.

The licence may also confer a right to enter and use designated land for the purposes of undertaking authorised operations in respect of land within the licence area (if, for example, a licensee does not have a right or interest in respect of the land).

The clause further sets out the matters to which the Minister must have regard before granting a licence, and the permissions required from other Ministers before granting a licence. The prescribed information in relation to the licence must be entered on the hydrogen and renewable energy register.

24—Term and renewal of licence

This clause sets out the term of the licence and the process for renewing an associated infrastructure licence.

Subdivision 6—Special enterprise licence

25—Object

This clause sets out the object of this Subdivision, being 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

This clause sets out the process for having an enterprise comprising regulated activities declared a special enterprise for the purposes of the granting of a special enterprise licence. The clause provides for a process by which the Minister and the proponent of the enterprise may enter into an agreement for the grant of the licence and for the Governor to ratify the agreement. The clause provides that the Governor, before ratifying the agreement, must be satisfied, on advice of the Minister, that—

the establishment, development or expansion of the enterprise comprising regulated activities are of major significance to the economy of the State; and

it is in the interests of the State to grant a special enterprise licence in respect of the enterprise.

The clause further sets out conditions precedent to the ratifying of the agreement.

27—Concept phase

This clause sets out that the first step for a proponent seeking an agreement for a special enterprise is to consult with the Minister about the proposal by an application to the Minister. The Minister may consult or refuse to consult with the proponent in relation to the application, in the Minister's absolute discretion. The Minister may require the proponent to provide the Minister with further information, to undertake consultation and take any other action specified by the Minister during this phase.

The Minister is required to undertake certain consultation during this concept phase. The Minister may then bring the consultation phase to a close by either advising the proponent that the matter may proceed to an application for a special enterprise licence or that the matter is not, in the opinion of the Minister, suitable for further consideration.

28—Special enterprise licence

A special enterprise licence authorises the licensee to undertake regulated activities of a kind specified in the licence and confers a right to enter and use land in the licence area for the purposes of undertaking authorised operations. The clause provides for further conditions precedent to the grant of the licence, and for the terms and conditions in relation to the licence, once granted.

29—Power to exempt from or modify Act

Subclause (1) provides that the Minister may exempt a special enterprise licence from compliance with a provision in the measure (other than those specified in subclause (2)), or modify the application of such a provision, in relation to the enterprise. This provision is subject to the terms of the ratified agreement and the conditions stipulated in the agreement.

30—Existing licences

This clause provides for the process by which existing licence areas that may be the subject of a special enterprise licence may be subsumed into the special enterprise licence area.

Division 3—Common provisions

Subdivision 1—Application for licence

31—Application for licence

This clause sets out the requirements of an application for a licence and the manner in which the application is to be made.

32—Notice of certain applications

This clause sets out the requirements for notice to be given of applications for a licence or a renewal of a licence. The Minister is required to give notice to owners of land in respect of land comprised in a proposed licence area and to a council in which a licence area is to be located.

The notice is to be published in such manner as the Minister thinks fit, describing the area to which the application relates and specifying a place where the applications may be inspected. Notice must also be given by the Minister as to whether or not the Minister has granted or refused to grant an application to which this provision applies.

33—Applications relating to native title land

This clause provides that if an application for a licence, or for the renewal of a licence, relates to an area of land comprising native title land, the Minister must, before granting the application, be satisfied that the grant will be valid under the Native Title Act 1993 of the Commonwealth to the extent that it affects native title.

34—Applications relating to areas within Murray-Darling Basin

This clause provides that the Minister must, in considering an application for a licence, or for the renewal of a licence located within the Murray-Darling Basin, take into account the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act.

35—Applications relating to areas within specially protected area

This clause sets out a process for seeking the concurrence of a relevant Minister in relation to an application for a licence, or for the renewal of a licence, in an area within or adjacent to a specially protected area. A specially protected area is defined as the Adelaide Dolphin Sanctuary, a marine park or a River Murray Protection Area.

Subdivision 2—Grant of licence

36—Grant or refusal of licence application

Subclause (1) sets out the circumstances in which the Minister may refuse a licence application. Subclause (2) sets out the process by which the Minister must notify an applicant of the grant or refusal to grant a licence. Subclause (3) provides that the Minister must provide reasons for a refusal to grant (either in whole or in part) an application for a licence. Subclause (4) requires prescribed information in relation to the grant of a licence to be entered on the register.

Subdivision 3—Compatible licences

37—Compatible licences

This clause sets out a process by which the Minister can determine that renewable energy licences that are overlapping may be granted if the Minister determines that they are compatible. A renewable energy licence (licence 1) is defined as overlapping another renewable energy licence (licence 2) if—

licence 1 authorises operations in relation to a renewable energy resource other than that authorised under licence 2; and

licence 1 authorises operations in relation to a renewable energy resource other than that authorised under licence 2.

Subdivision 4—Conditions of licence

38—Conditions of licence

This clause provides for the conditions on which a licence may be granted, and for the imposition, variation or revocation of licence conditions after the grant of a licence.

Subdivision 5—Work program

39—Work program

This clause provides for the process by which the Minister must, before granting a licence, approve a work program in respect of proposed authorised operations.

Subdivision 6—Access agreement

40—Application of Subdivision

This clause sets out that the licences to which the Subdivision is to apply, namely—

a renewable energy feasibility licence or a renewable energy infrastructure licence to the extent that the licence area comprises designated land; or

an associated infrastructure licence that confers a right to enter and use land for the purposes of authorised operations in respect of land within the licence area.

41—Access agreement

This clause provides that it is a condition of a licence to which this Subdivision applies that the licensee must, before undertaking authorised operations, enter into an access agreement with—

if the licence area comprises pastoral land—the holder of a pastoral lease in respect of the licence area; and

a prescribed person (if any).

Subclause (2) sets out the matters that must be addressed in the access agreement, being—

access to the licence area, or infrastructure in or in the vicinity of, the licence area, by the parties to the access agreement during the construction, installation, operation, maintenance or decommissioning of renewable energy infrastructure;

the manner and form in which notice of commencement of authorised operations will be given by the licensee to the other parties to the access agreement;

compensation that is or may be payable by a licensee under the measure.

42—Negotiating access agreement

This clause sets out the process by which an access agreement is to be negotiated between parties to the access agreement. The provision contains power for the Minister to mediate between the parties if agreement is not reached within a prescribed period. If the Minister decides against mediating between the parties, or an attempt to mediate is made but agreement is not obtained within a prescribed period, a party to the negotiations may apply to the ERD Court for a determination.

The clause further sets out the matters in relation to which the ERD Court may make a determination and the consequences that follow such a determination for the parties to the agreement.

Subdivision 7—Bond and security

43—Bond and security

This clause provides for the manner in which the Minister may require a licensee to enter into a bond (and provide for an amount for security for the bond) to ensure, in the opinion of the Minister, satisfaction of the following matters:

any civil or statutory liability likely to be incurred by that person in the course of undertaking authorised operations;

the present and future obligations of that person in relation to the rehabilitation of an area disturbed by undertaking authorised operations.

Subdivision 8—Notice of commencement of operations

44—Licensee must give notice of commencement of authorised operations

This clause requires a licensee, in accordance with the requirements of the regulations, to notify the Minister of the commencement or completion of authorised operations within a licence area. An administrative penalty applies to a licensee who fails to comply with this requirement.

Subdivision 9—Rent

45—Rent

This clause provides for the payment of rent to the Minister in respect of the licence area of a special enterprise licence and a renewable energy licence to the extent that the licence area comprises designated land.

Subdivision 10—Reporting requirements

46—Licensee to provide reports, information or material

This clause makes it a condition of a licence that the licensee must provide reports, information or material as set out in the clause to the Minister at prescribed times, or at any other time on the written request of the Minister. The reports, information or material required to be provided must be provided in the manner specified in this provision.

47—Licensee must report certain incidents

This clause requires a licensee to report certain incidents to the Minister in a manner set out in the clause. An administrative penalty is payable by a licensee who fails to report in accordance with the provision.

Subdivision 11—Public liability insurance

48—Public liability insurance

This clause provides that a licensee must, before commencing authorised operations and for the duration of the term of the licence, maintain a policy of public liability insurance indemnifying the licensee, in an amount that is reasonable taking into account the kind of licence, the nature and extent of the operations undertaken under the licence, and relevant industry standards, in relation to any action arising out of the operations undertaken under the licence and complying with the other requirements (if any) determined by the Minister. A maximum penalty of $20,000 applies for failing to comply with this requirement. The clause further sets out the manner in which the licensee must provide to the Minister a certificate evidencing the insurance.

Subdivision 12—Alteration of licence area

49—Alteration of size of licence area

This clause provides for the manner and circumstances in which the Minister may approve an increase or decrease in the size of a licence area.

Subdivision 13—Dealing with licence

50—Dealing with licence

Subclause (1) provides that a licence must not be transferred, assigned, held subject to a trust or otherwise dealt with, whether directly or indirectly, without the consent of the Minister. Subclause (2) provides that the Minister must, before consenting to a matter, comply with the requirements (if any) prescribed by the regulations.

Subclause (3) provides that if the licensee transfers or assigns the licence—

all accrued and accruing liabilities to the Crown pass to the transferee or assignee; and

any such liabilities that had accrued before the date of the transfer or assignment may be enforced against the transferor or assignor (who will be regarded as jointly and severally liable with the transferee or assignee).

Subdivision 14—Change in control

51—Interpretation

Subclause (1) defines key terms for the purposes of the proposed Subdivision, such as what constitutes control and a change in control of the holder of a licence.

Subclause (2) provides that it is the intention of the Parliament that the proposed Subdivision will apply within the State and outside the State to the full extent of the extraterritorial legislative capacity of the Parliament.

52—Approval of change in control of holder of licence

This clause sets out the process by which a person may apply to the Minister for approval of a change in control of the holder of a licence.

53—Offences

This clause sets out a number of offence provisions that apply to a person who begins or ceases to control the holder of a licence. Maximum penalties of $250,000 apply in relation to offences set out in the clause.

The clause also allows the Minister to cancel a licence in respect of which a change in control has been effected if an offence is committed by a person other than the licensee.

Subdivision 15—Suspension, cancellation and surrender of licence

54—Minister may suspend or cancel licence

This clause sets out the process by which the Minister may suspend or cancel a licence.

55—Surrender of licence

This clause sets out the process by which the holder of a licence may apply to the Minister for approval to surrender their licence or a part of the area of their licence.

Subdivision 16—Miscellaneous

56—Licence is not personal property for the purposes of Commonwealth Act

This clause provides that a right, entitlement or authority granted under this measure is not personal property for the purposes of the Personal Property Securities Act 2009 of the Commonwealth.

57—Exemption from stamp duty

This clause provides that the grant or renewal of a licence is exempt from stamp duty.

Division 4—Environmental impact

Subdivision 1—Preliminary

58—Objects

This clause sets out the objects of this Division.

59—Interpretation

This clause defines terms used in the Division.

60—Environmental impact assessment criteria

This clause enables the Minister to determine criteria (the environmental impact assessment criteria) against which the environmental impact of regulated activities is to be assessed. The environmental impact assessment criteria, and any variation or revocation of the criteria, are to be notified by the Minister in the Gazette. The environmental impact assessment criteria are to be reviewed in accordance with the requirements of the regulations.

Subdivision 2—Environmental impact report

61—Environmental impact report

Subclause (1) provides that an environmental impact report in respect of proposed operations must be provided for the purposes of the approval of a statement of environmental objectives. The clause further sets out the matters that must be addressed and taken into account when preparing an environmental impact report.

Subdivision 3—Statement of environmental objectives

62—Statement of environmental objectives

Subclause (1) provides that the Minister must not grant a licence unless an approved statement of environmental objectives in respect of proposed authorised operations is in force. The clause further sets out the matters that must be addressed in a statement of environmental objectives.

63—Approval of statement of environmental objectives

This clause sets out the manner in which an application for approval of a statement of environmental objectives is to be made to the Minister. On receiving an application for an approval, the Minister may—

approve the statement without amendment; or

after consultation with the relevant licensee—require amendments to the proposed statement or the environmental impact report on which the statement is based in order to ensure that it complies with the requirements under the Division and to ensure consistency with the other provisions of the proposed measure; or

reject the proposed statement on the basis that it does not comply with the requirements of clause 62 or any other relevant provisions of the measure.

64—Review of statement of environmental objectives

This clause provides for the circumstances in which a statement of environmental objectives is to be reviewed and the manner in which any changes subsequent to the review are to be approved by the Minister.

65—Notice of approval

This clause provides for the manner in which the Minister must give notice of the approval of a statement (or revised statement) of environmental objectives.

Subdivision 4—Operational management plan

66—Operational management plan

Subclause (1) makes it an offence with a maximum penalty of $250,000 for a licensee to commence authorised operations without a plan that complies with the requirements of the proposed Subdivision and approved by the Minister being in force in relation to the licence. Subclause (2) sets out the matters that must be specified in the operational management plan.

Subclause (3) allows for the regulations to set out or adopt an operational management plan that may apply to a group of licences or operations of a prescribed class. The manner in which compliance with an operational management plan is to be monitored and enforced is to be prescribed by the regulations.

67—Approval of operational management plan

This clause sets out the manner in which a licensee may seek approval from the Minister for an operational management plan.

68—Review of operational management plan

This clause sets out the manner and circumstances in which an operational management plan is to be reviewed, and any amendments as a result of the review are to be approved as part of the operational management plan.

Subdivision 5—Scoping report

69—Interpretation

This clause defines terms to be used in the Subdivision.

70—Object

This clause sets out the object of the Subdivision.

71—Scoping report

This clause defines a scoping report to be a means of developing, assessing and providing, to such extent as may be reasonable and relevant, information relating to 1 or more of the following:

categorising the level of environmental impact of authorised operations to be undertaken under a licence of a kind prescribed by the regulations;

determining the reasonable and relevant level of detail for information to be provided to the Minister for the purposes of environmental impact assessment as part of the consideration of an application for that prescribed licence;

identifying and prioritising the issues that are associated with environmental impact assessment as part of the consideration of an application for the prescribed licence;

determining the extent of work required to be undertaken for the purposes of environmental impact assessment as part of the consideration of an application for a prescribed licence;

if it is relevant in the circumstances or is reasonable or appropriate to do so—determining the impacts of a prescribed licence on people or communities, including by providing information about the measures that are to be used to manage, limit or remedy those impacts (in the case of negative impacts), or to facilitate or ensure those impacts (in the case of positive impacts).

The clause further sets out who may provide a scoping report, that the Minister may require a scoping report and the manner in which the scoping report is to be provided to the Minister.

Subdivision 6—Matters to be undertaken by Minister

72—Public consultation

This clause sets out the requirements for the manner in which the Minister must undertake public consultation in relation to an environmental impact report, a statement (or revised statement) of environmental objectives and a scoping report.

73—Referral of matter to prescribed body

This clause sets out the requirements for the manner in which the Minister must refer an environmental impact report, a statement (or revised statement) of environmental objectives or a scoping report to a prescribed body for its response.

74—Minister may determine relevant authorisation

This clause provides that in accordance with the regulations, the Minister may determine that an authorisation under a specified provision of the Planning, Development and Infrastructure Act 2016 is deemed to be authorised under that Act.

Part 5—Entry to and use of land

75—Right of entry to land

This clause sets out the right of entry to land for each category of licence.

76—Notice of entry

This clause sets out the requirements for the holder of certain licences to give a notice of entry to the owner of land within a licence area of the licensee's intention to enter the licence area and, if the licensee proposes to undertake authorised operations, of the nature of operations to be undertaken in the area. An offence with a maximum penalty of $20 000 applies to the holder of a licence who fails to give a notice of entry in accordance with this provision.

77—Notice of commencement of operations to holder of resources tenement

This clause sets out the requirement for the holder of specified permits and licences to give to the holder of a resources tenement over the licence area a notice of commencement of operations in accordance with the requirements set out in this provision. An offence with a maximum penalty of $20,000 applies to the holder of a licence who fails to give a notice of commencement of operations.

78—Objections

This clause sets out the process by which a person who has received a notice of entry or a notice of commencement of operations may object to the entry or commencement of operations. The clause further provides power to the Minister to mediate between parties to a dispute, and for the manner in which a disputed matter may be referred to, and determined by, the ERD Court.

79—Compensation

This clause sets out the circumstances in which an owner of land is entitled to receive compensation from a licensee for any economic loss, hardship or inconvenience suffered by the owner in consequence of authorised operations, and the manner in which such compensation may be assessed and paid.

80—Right to require acquisition of land

This clause provides that if activities undertaken by the holder of a special enterprise licence on land substantially impair an owner of land's use and enjoyment of the land, the owner may apply to the ERD Court for an order—

transferring the owner's land to the licensee;

that the licensee pay to the owner, by way of compensation—

an amount equivalent to the market value of the land; and

a further amount the court considers just by way of compensation for disturbance.

Part 6—Hydrogen and Renewable Energy Fund

81—Hydrogen and Renewable Energy Fund

This clause provides that the Minister must establish and maintain a fund to be called the Hydrogen and Renewable Energy Fund. The clause further sets out the purposes for which money in the Fund may be applied.

Part 7—Compliance and enforcement

Division 1—Minister may request information

82—Minister may request information

This clause provides power for the Minister to request information or material from a licensee that the Minister requires for the administration or enforcement of the measure, that is related to authorised operations or work undertaken under a licence or information or material of a prescribed kind. An administrative penalty applies in relation to a licensee who fails to comply with this provision.

Division 2—Authorised officers

83—Appointment of authorised officers

This clause sets out the manner in which an authorised officer may be appointed.

84—Identity cards

This clause provides for the issuing of identity cards to authorised officers.

85—Authorised investigations

This clause sets out the matters that may be investigated by an authorised officer as being an authorised investigation.

86—Powers of entry and inspection for purpose of authorised investigation

This clause provides for the powers that may be exercised by an authorised officer for the purposes of carrying out an authorised investigation, and the manner in which those powers may be exercised.

87—Power to require information

This clause provides for the manner and circumstances in which an authorised offer may require a person who may be in a position to provide information relevant to a matter subject to an authorised investigation to answer questions or provide information. The clause further sets out a number of offence provisions for a person who fails to comply with a request for information under the provision.

88—Production of records

This clause sets out the requirements for an authorised officer in dealing with records relating to authorised operations.

Division 3—Compliance and enforcement

89—Compliance directions

This clause sets out the manner and circumstances in which the Minister may issue a direction (a compliance direction) for the purpose of—

securing compliance with a requirement of this measure, a licence (including a condition of a licence) or an authorisation or direction under or in relation to a licence; or

preventing or bringing to an end specified operations that are contrary to this measure or a licence (including a condition of a licence); or

requiring the rehabilitation of an area specified in the direction on account of any operations undertaken with or without an authority required by this measure.

An offence with a maximum penalty of $250,000 applies to a person to whom a compliance direction is issued who fails to comply with the direction within the time allowed in the direction.

90—Emergency directions

This clause provides for the manner and circumstances in which an authorised officer may issue a direction (an emergency direction) if, of the opinion that—

operations under a licence are being undertaken in a way that results in, or that is reasonably likely to result in undue damage to the environment, contravention of an operational management plan or a term or condition of a licence; and

it is urgently necessary to take action.

An offence with a maximum penalty of $250,000 applies to a person to whom an emergency direction is issued who fails to comply with the direction within the time allowed in the direction.

91—Review of direction

This clause sets out the manner in which a person required to comply with a compliance direction or an emergency direction may apply to the ERD Court for a review of the direction.

92—Contravention of Act

This clause provides that the Minister or an authorised officer may, if of the opinion that it is reasonably necessary to do so in the circumstances, include in a compliance direction or an emergency direction a requirement for an act that might otherwise constitute a contravention of this measure and, in that event, a person incurs no liability to a penalty under this measure for compliance with the requirement.

93—Action if non-compliance occurs

This clause provides for the manner in which the Minister, if a direction is not complied with, may take the action required under the direction.

Division 4—Miscellaneous

94—Enforceable voluntary undertakings

This clause provides for the manner in which a person may give a written undertaking in connection with a matter relating to a contravention or alleged contravention by the person of a provision in the measure. The clause further provides for the Minister to apply to the ERD Court for enforcement of the undertaking if the Minister considers that the person has contravened the undertaking. It is an offence with a maximum penalty of $50,000 for a person to contravene an undertaking that is in effect.

95—Civil remedies

This clause provides for applications to be made to the ERD Court for civil remedies as set out in the clause.

96—Annual report

This clause requires the Minister to cause an annual report to be published (and made available on the register) in respect of the following in respect of the previous financial year:

the results of any authorised investigations;

the number of compliance directions and emergency directions issued.

Part 8—Offences and penalties

97—False or misleading statements

This clause makes it an offence with a maximum penalty of $150,000 for a person, in giving information under the measure, to—

make a statement knowing it to be false or misleading; or

omit any matter from a statement knowing that without that matter the statement is false or misleading.

98—Offence relating to licence

This clause sets out the following offences:

offence with a maximum penalty of $250,000 for a licensee who contravenes a term or condition of their licence;

offence with a maximum penalty of $250,000 for a licensee to undertake authorised operations otherwise than in accordance with the terms and conditions of their licence;

offence with a maximum penalty of $150,000 for a person who, without lawful excuse, obstructs or hinders a licensee in the reasonable exercise of rights conferred under the measure.

99—Offences regarding authorised officers

This clause sets out the following offences:

offence with a maximum penalty of $15,000 for a person who obstructs, hinders, threatens or attempts to influence an authorised officer in the exercise of a power;

offence with a maximum penalty of $15,000 for a person who impersonates an authorised officer.

100—Civil penalties

This clause provides for the manner in which the Minister may, if satisfied that a person has committed an offence by contravening a provision in the measure, as an alternative to criminal proceedings, recover, by negotiation or by application to the ERD Court, an amount as a civil penalty in respect of the contravention.

101—Additional orders on conviction

This clause provides that if a person is convicted of an offence in the measure, the court by which the conviction is recorded may, in addition to any penalty that it may impose, and to any other order that may be made under this measure or any other Act, make 1 or more of the following orders:

an order requiring the person to take any specified action (including an order to rectify the consequences of any contravention of this measure, or to ensure that a further contravention does not occur);

an order requiring the person to make good any environmental damage and, if appropriate, to take specified action to prevent or mitigate further harm to the environment;

an order requiring the person to publicise the contravention of this measure and any environmental or other consequences, and the other orders (if any) made against the person;

an order requiring the person to pay into the Fund an amount determined by the court to be equal to a fair assessment or estimate of the financial benefit that the person, or a related body corporate, has gained, or can reasonably be expected to gain, as a result of the contravention of this measure;

an order requiring the person to pay to any person who has suffered loss or damage to property as a result of the acts or omissions constituting the offence, or incurred costs or expenses in taking action to prevent or mitigate such loss or damage, compensation for that loss or damage and reasonable reimbursement for those costs or expenses.

The clause further provides that a court may, in making such an order, fix a period for compliance and impose other requirements the court considers necessary or expedient for the enforcement of the order.

102—Continuing offences

This clause provides for the liability of a person who is convicted of an offence in respect of a continuing act or omission.

103—Offences by bodies corporate

This clause makes additional provisions in relation to a body corporate who may be found guilty of an offence.

104—Time limits

This clause sets out the time requirements for commencement of criminal proceedings for an alleged offence.

105—Evidentiary provisions

This clause sets out a range of provisions relating to the evidentiary value of various statements and documents in the measure.

Part 9—Appeals to ERD Court

106—Appeals to ERD Court

This clause sets out the decisions under the measure in relation to which an appeal may be made to the ERD Court, and the manner in which those appeals are to be dealt with by the Court.

Part 10—Hydrogen and renewable energy register

107—Hydrogen and renewable energy register

This clause provides that the Minister must establish and maintain a hydrogen and renewable energy register. It further sets out the matters that the register must contain and the manner in which the register is to be maintained and accessed.

Part 11—Miscellaneous

108—Delegation

This clause provides a power of delegation for the powers or functions of the Minister.

109—Confidentiality

Subclause (1) creates an offence with a maximum penalty of $10,000 for a person engaged, or formerly engaged, in the administration of the measure to divulge or communicate information relating to trade processes or financial information obtained in the course of official duties otherwise than in accordance with the matters set out in the provision.

Subclause (2) provides that subclause (1) does not prevent disclosure of statistical or other data that could not reasonably be expected to lead to the identification of any person to whom it relates. Subclause (3) provides that if the Minister publishes information, the Minister may exclude from publication certain confidential matters as set out in the provision.

110—Exemptions

This clause provides for the manner in which the Minister may—

exempt a licensee from complying with a term or condition of their licence; or

exempt a person from the operation of this measure or a specified provision of the measure; or

exempt an activity or a class of activity from requiring authorisation under the measure.

111—Charge on property if debt due to Crown

This clause provides that a charge on property (other than real property) if the owner of the property is liable to pay a debt due to the Crown under the measure.

112—Avoidance of duplication of certain procedures required under Commonwealth law

This clause makes a range of provisions to avoid unnecessary duplication of procedures and compliance requirements under a relevant Act and this measure where an activity requires authorisation under this measure and approval or assessment under a relevant Act. Relevant Act is defined as—

the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth;

the Petroleum and Geothermal Energy Act 2000;

the Planning, Development and Infrastructure Act 2016;

the Work Health and Safety Act 2012;

any other Act prescribed by the regulations for the purposes of this definition.

113—Administrative penalties

This clause provides for the manner in which the payment of administrative penalties may be made in relation to a person who has alleged to have contravened a provision of the measure after which the words 'Administrative penalty' appear.

114—Regulations and fee notices

This clause provides that the Governor may make regulations for the purposes of the measure. The clause also provides power for the Minister to prescribe fees for the purposes of the measure by fee notice under the Legislation (Fees) Act 2019.

115—Review of Act

This clause provides for the Minister to cause a review of the operation of the proposed measure on the 5 year anniversary of its commencement, and every 5 years after that commencement. The Minister must table a report on the review in both Houses of Parliament within 12 sitting days after its completion.

Schedule 1—Related amendments and transitional provisions

Part 1—Amendment of Mining Act 1971

1—Amendment of section 6—Interpretation

This clause amends the definition of owner of land to include a reference to a person who holds a licence or permit under the Hydrogen and Renewable Energy Act 2023.

2—Amendment of section 9—Exempt land

This clause inserts a new paragraph that amends the definition of land that is exempt land in subsection (1) to include land that is situated within a distance prescribed by the regulations for the purposes of the proposed inserted paragraph from infrastructure (other than infrastructure of a prescribed kind) that is being constructed, installed, operated, maintained or decommissioned pursuant to the Hydrogen and Renewable Energy Act 2023.

3—Amendment of section 58A—Notice requirements

This clause recasts subsection (9) so that it extends the existing notice requirements in this subsection to an owner of land held under a hydrogen generation licence, a renewable energy infrastructure licence, an associated infrastructure licence or a special enterprise licence under the Hydrogen and Renewable Energy Act 2023 in relation to which an approved statement of environmental objectives within the meaning of that Act is in force.

Part 2—Amendment of Pastoral Land Management and Conservation Act 1989

4—Amendment of section 3—Interpretation

The amendments in this clause are consequential on other amendments in this Part.

5—Amendment of section 4—Objects

This amendment is consequential on the deleting of reference to wind farms and the substitution of the terms renewable energy infrastructure and associated infrastructure activity within the meaning of the Hydrogen and Renewable Energy Act 2023.

6—Amendment of section 9—Pastoral Land Management Fund

This amendment is consequential.

7—Amendment of section 22—Conditions of pastoral leases

These amendments are consequential on the enactment of the Hydrogen and Renewable Energy Act 2023.

8—Amendment of section 31—Alteration of boundaries

This amendment is consequential on the amendment to section 32.

9—Amendment of section 32—Resumption of land

The amendment in this clause will allow for the resumption of land for the purposes of a hydrogen generation facility or an associated infrastructure activity.

10—Amendment of section 39—Compensation

This clause inserts a new subsection (3) which provides that if the resumption of pastoral land is for the purposes of a hydrogen generation facility or an associated infrastructure activity, the Minister may recover the amount of the compensation that the Minister is liable to pay under this section from the holder of, or the applicant for, the relevant licence.

11—Repeal of Part 6 Division 4

The repeal of this Division is consequential on the proposal in the measure to regulate solar energy facilities and wind farms under the Hydrogen and Renewable Energy Act 2023.

Part 3—Amendment of Petroleum and Geothermal Energy Act 2000

12—Amendment of section 4—Interpretation

This clause amends the definition of owner of land to include a reference to a person who holds a licence under the Hydrogen and Renewable Energy Act 2023.

Part 4—Amendment of Planning, Development and Infrastructure Act 2016

13—Amendment of heading to Part 12

This amendment inserts a reference to renewable energy into the heading to Part 12.

14—Amendment of section 160—Mining tenements to be referred in certain cases to Minister

The amendments in this clause ensure that a renewable energy matter may be referred to the Minister under this Act in the same circumstances and in accordance with the same considerations as apply to the referral of a mining matter under the current provisions of the section. A renewable energy matter is defined as an application for a licence under the Hydrogen and Renewable Energy Act 2023 or a proposed statement of environmental objectives under that Act.

15—Amendment of section 161—Related matters

These amendments are consequential.

Part 5—Transitional provisions

16—Interpretation

This clause defines terms to be used in the Part.

17—Transitional provisions

This Part provides for the manner and circumstances in which persons with development authorisations under the Planning, Development and Infrastructure Act 2016 relating to the operation of a hydrogen generation facility, renewable energy infrastructure or associated infrastructure may apply for a licence under the proposed measure.

Debate adjourned on motion of Hon D.G.E. Hood.


At 17:28 the council adjourned until Tuesday 31 October 2023 at 14:15.


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