Offshore Electricity Infrastructure Act 2021

Subject to subsection (3), the Minister may, by legislative instrument, declare a specified area in the Commonwealth offshore area for the purposes of this Act.

An area declared under subsection (1) is a declared area for the purposes of this Act.

The Minister may declare an area only if:

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

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

the Minister has consulted:

the Defence Minister; and

the Minister administering section 1 of the Navigation Act 2012; and

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

A declared area:

need not be continuous; and

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

A declaration must set out the following:

the declared area;

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

Subsection 33(3) of the Acts Interpretation Act 1901 does not apply in relation to a declaration.

For revocation of a declaration, see section 26 of this Act. For variation of a declaration, see sections 22 to 25 of this Act.