Offshore Electricity Infrastructure Act 2021

Subject to subsection (2), the Minister may, by legislative instrument, revoke a declaration.

Any licence in force in respect of a licence area in the declared area remains in force. However, the end day of such a licence may not be extended, and no further licences may be granted in respect of the declared area (including a commercial licence in relation to a feasibility licence already in force).

The Minister may revoke a declaration under subsection (1) only if:

a notice proposing to revoke the declaration has been published under section 27; and

the day specified in the notice under paragraph 27(1)(d) as the day by which submissions may be made has passed; and

one or more of the following applies:

the Minister becomes aware of circumstances which the Minister considers justify the revocation;

the Minister is satisfied that the declared area is no longer suitable for offshore renewable energy infrastructure, and could not be made suitable by a variation under section 23;

the Minister is satisfied that circumstances specified in the declaration under subsection 20(6) apply.

In deciding whether to revoke a declaration under subsection (1), the Minister:

must have regard to any submissions received in accordance with the notice under section 27; and

must have regard to Australia’s international obligations in relation to the declared area; and

must have regard to Australia’s greenhouse gas emissions reduction targets; and

may have regard to any other matters that the Minister considers relevant.