The regulatory framework for offshore wind projects in Australian waters


3 April 2024

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Dr Emily Gibson
Science, Technology, Environment and Resources; Law and Bills Digest Sections

Executive summary

  • The framework for the regulation of offshore renewable energy and transmission infrastructure (collectively referred to as offshore infrastructure activities) was established in November 2021 by the Offshore Electricity Infrastructure Act 2021 (OEI Act)[1]
  • The OEI Act applies to renewable energy resources which may include energy derived from wind and air flow (that is, wind turbines), wind‑generated waves, tide, and ocean currents (among other things)[2]
  • Offshore infrastructure activities may also require referral, assessment and approval under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The application of the EPBC Act will only be triggered if a proposed project has, will have, or is likely to have a significant impact on matters of national environmental significance (including the Commonwealth marine area, and listed threatened and migratory species)
  • Offshore infrastructure activities are most likely to require additional approvals in accordance with other Commonwealth and state and territory laws. Some states are developing specific regulatory frameworks for renewable energy projects within their coastal waters
  • In August 2022, the Minister for Climate Change and Energy Chris Bowen identified 6 areas for the potential development of offshore wind energy projects and to date, 3 regions have been declared as offshore wind areas. Around 40 offshore wind projects have been proposed in Australia so far.[3] The government sees offshore wind developments as ‘pivotal’ in the transition to renewable energy and the legislated target of net zero emissions by 2050.[4]

 

Contents

Executive summary

Introduction

Regulating offshore wind in Australian waters

Commonwealth offshore area

State and territory coastal waters

Consideration of environmental impacts

Further resources

 

Introduction

While Australia’s onshore wind industry is relatively mature, contributing 34.6% of renewable electricity generation and 10.7% of total electricity generation in 2021–22,[5] Australia is yet to capitalise on its ‘very high quality and abundant offshore wind resources’ (p. 3). In contrast, the offshore renewable industry is well established in major economies such as Europe, the United States and China, and is growing around the world. Total global offshore wind capacity was 64.3 gigawatts in 2022 and is expected to reach 447 gigawatts by the end of 2032.[6]

The Australian Parliament passed the Offshore Electricity Infrastructure Act 2021 (OEI Act) in November 2021, establishing a framework for the regulation of offshore renewable energy and transmission infrastructure.[7] It applies to activities in the offshore area, being those areas beyond the coastal waters of the states and the Northern Territory.

In August 2022, the Minister for Climate Change and Energy Chris Bowen identified 6 areas for the potential development of offshore wind energy projects. Three offshore wind areas have been formally declared. Around 40 offshore wind projects have been proposed to date.[8]

In addition to regulation under the OEI Act, offshore infrastructure activities may also require:

  • referral, assessment and approval under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)
  • additional approvals under other Commonwealth, and state and territory laws, such as other environmental authorisations, cultural heritage approvals and native title agreements, land and seabed access, and connections – via state and territory coastal waters – ‘to onshore transmission/distribution infrastructure and participation in the National Electricity Market’.[9]

There has been significant public interest in and concern about the development of offshore renewable energy and its potential impacts.[10] This paper provides an overview of the Commonwealth regulatory framework for offshore renewable energy projects and associated environmental approvals. It describes the key processes involved and outlines the roles of relevant Commonwealth Ministers, the Offshore Infrastructure Registrar and the Offshore Infrastructure Regulator. Some states are also developing specific regulatory frameworks for renewable energy projects within their coastal waters. This paper also provides a brief description of recently enacted or planned legislation in relevant states.

Regulating offshore wind in Australian waters

Management of Australian waters is divided between the Commonwealth and states in accordance with legislation enacted to implement the Offshore Constitutional Settlement, an intergovernmental agreement reached in 1979. The states and the Northern Territory have responsibility for activities in coastal waters (onshore and as far as 3 nautical miles seaward of the territorial sea baseline).[11] The Commonwealth has responsibility for those areas beyond 3 nautical miles, the ‘Commonwealth offshore area’.

Commonwealth offshore area

The OEI Act establishes the regulatory framework for the declaration of areas as potentially suitable for offshore renewable energy projects, and for the construction, installation, commissioning, operation, maintenance and decommissioning of offshore infrastructure activities in the Commonwealth offshore area.[12] The framework is intended to cover the whole project lifecycle.

The OEI Act principally provides for the declaration of areas as suitable for offshore infrastructure activities and then provides for the establishment of a licensing scheme, with much of the detail of that scheme provided in Regulations. This regulatory process map provides an overview of the offshore electricity infrastructure framework.

Role of the Minister and new statutory positions

The Minister for Energy (the Minister) makes area declarations and grants licences. The Minister may give remedial directions to a licence holder (or former licence holders) requiring them to do certain things, including make good any damage to the seabed or subsoil or other environmental damage.

The OEI Act also establishes 2 new statutory positions:

  • Offshore Infrastructure Registrar.[13] The Registrar administers the licensing scheme (including receiving and assessing applications for licences and ongoing licence compliance), maintains a Register of Offshore Infrastructure Licences, and provides advice to the Minister.

The General Manager of the National Offshore Petroleum Titles Administrator (NOPTA) (established under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (OPGGS Act)) has been appointed as the Offshore Infrastructure Registrar.[14]

  • Offshore Infrastructure Regulator.[15] The Regulator is responsible for the regulation of work health and safety, infrastructure and integrity and environmental management for offshore infrastructure activities. Notably, the Regulator will be responsible for assessing and approving management plans, which will be required to address matters including environmental management and the maintenance and removal of offshore infrastructure (see below for more information).

The functions of the Regulator are carried out by the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) (also established under the OPGGS Act).

Declaring offshore areas as suitable for offshore infrastructure activities

The process for declaring offshore areas as suitable for offshore infrastructure activities is prescribed in Part 2 of Chapter 2 of the OEI Act. In summary:

  • if the Minister proposes to declare an area, the Minister must initiate a public consultation process, providing at least 60 days for submissions[16]
  • when making a decision to declare an area, the Minister must have regard to a range of matters including ‘the potential impacts of the construction, installation, commissioning, operation, maintenance or decommissioning of offshore renewable energy infrastructure in the area on other marine users and interests’, public submissions, the advice of the Minister for Defence and the Minister for Infrastructure and Transport,[17] Australia’s international obligations in relation to the area, and Australia’s greenhouse gas emissions reduction targets[18]
  • a declaration may be subject to any conditions that the Minister considers appropriate.[19]

What about existing marine uses?

Before the Minister proposes to declare an area, the Department of Climate Change, Energy, the Environment and Water (DCCEEW) will consult with relevant Commonwealth departments and state agencies to identify other marine uses and any potential issues. Existing marine use stakeholders will be able to provide feedback to consultation processes associated with the proposed declaration of an area, assessment of management plans, and assessment of environmental impacts under the EPBC Act (where required). However, the framework is based on the ‘principle of shared use of the marine environment’ and, while areas will not be declared ‘where uses are considered incompatible’, it will be the responsibility of licence holders to manage interactions between marine users.[20]

Proposed and declared areas

At the time of writing, the Minister has declared 3 offshore wind areas, the Gippsland offshore wind area (comprising 3 divisions), the Hunter offshore wind area, and the Southern Ocean region off Victoria offshore wind area. All 3 areas were reduced in size following the public consultation process to address concerns raised by the community and industry stakeholders. These concerns were related to environmental impacts, visual impacts, and interactions with recreational fishing and commercial shipping. The proposed Southern Ocean region area was also adjusted to address concerns raised by First Nations groups. Each declaration includes specific conditions relating to ongoing consultation with relevant stakeholders and, in the case of the Hunter offshore wind area declaration, a maximum height for offshore renewable energy infrastructure.

The consultation process has also been completed for proposed offshore wind areas located in the Illawarra (New South Wales) and in Northern Tasmania. The consultation period for the proposed Indian Ocean off the Bunbury Region (WA) offshore wind area will close on 3 May 2024.

Licences

The OEI Act prohibits the construction, installation, commissioning, operating, maintaining and decommissioning of offshore infrastructure activities without a licence.[21]

The Act’s licensing scheme provides for 4 different types of licences.[22] It sets out the purpose of each licence, the activities that may be authorised by the licence, the merit criteria for the making of a decision to grant a licence, the conditions that may apply to a licence, and the term of a licence. While the framework is set out in the OEI Act, additional details have been prescribed in Part 2 of the Offshore Electricity Infrastructure Regulations 2022 (OEI Regulations).

The 4 types of licence are:

  • feasibility licence – this allows a licence holder to assess, over a period of up to 7 years, the feasibility of an offshore infrastructure project that the holder proposes to carry out under a commercial licence, and to then apply for a commercial licence
  • commercial licence – this allows a licence holder to carry out, for a period of up to 40 years (with a possibility of extension), an offshore infrastructure project for the purpose of exploiting renewable energy resources
  • research and demonstration licence – this allows a licence holder to carry out an offshore infrastructure project to conduct research on the feasibility and demonstrate the capabilities of a technology, system or process, or to conduct research relating to the exploitation of or exploration for renewable energy resources
  • transmission and infrastructure licence – this allows a licence holder to assess the feasibility of storing, transmitting or conveying electricity or a renewable energy project in or through the licence area, or to store, transmit or convey electricity or a renewable energy product in or through a licence area.

The maximum area for a feasibility licence or a commercial licence is 700 square kilometres.[23] There may therefore be multiple feasibility or commercial licences granted for a declared area.

The merit criteria for granting a licence include that the eligible person has (or will have access to) the technical and financial capability to carry out the project, that the project is likely to be viable, and that the eligible person is a suitable person.[24] Additional criteria, including a requirement that ‘the proposed project for the licence is in the national interest’, are prescribed in the OEI Regulations.[25]

The Act provides a process to address overlapping applications for feasibility licences, research and demonstration licences, and transmission and infrastructure licences. In the case of feasibility licences, this involves the Minister determining that there are overlapping application groups and inviting applicants to revise and resubmit their applications.[26] If overlaps remain, the Minister may determine financial offer groups and invite overlapping applicants to submit financial offers for feasibility licences.[27] The Minister may then make a decision in respect of the applications having regard to merit criteria specified in the OEI Act and the matters set out in the OEI Regulations.[28]

Only particular specified licensing decisions (such as a decision not to grant a commercial licence other than a feasibility licence) can be challenged in a merits appeal to the Administrative Appeals Tribunal.[29]

Given that the development of an offshore renewables industry is in its early stages, only applications for feasibility licences for the declared areas are currently being accepted. In August 2023, the DCCEEW released an updated Guideline: Offshore Electricity Infrastructure Licence Administration – Feasibility Licences to aid understanding of the application process.

Licence fees and cost recovery

The regulatory framework imposes substantial licence application and associated administrative fees.[30] For example, the application fee for a feasibility licence is $300,000.[31] In addition, the costs of administering the offshore electricity infrastructure industry will be fully recovered through an offshore electricity infrastructure levy which is imposed on licence holders in accordance with the Offshore Electricity Infrastructure (Regulatory Levies) Act 2021. The levies are set out in the Offshore Electricity Infrastructure (Regulatory Levies) Regulations 2022.

Management plans

The holder of a feasibility licence is required to prepare and submit a management plan to the Regulator for approval. A management plan is required to ‘contain all measures to support compliance with OEI Act requirements, as well as demonstrate that the manner in which activities are to be undertaken is in accordance with relevant conditions and requirements related to EPBC Act approvals, DNP [Director National Parks] authorisations and other legal requirements’.[32]

An approved management plan must be in place before feasibility licence activities can commence, and before a feasibility licence holder can apply for a commercial licence.

The DCCEEW has foreshadowed releasing Regulations addressing management plans in 2024.

Financial security

The OEI Act requires the holder of a licence for which a management plan is in force to pay a financial security to the Commonwealth.[33] The financial security must be sufficient to pay for any costs, expenses and liabilities arising in connection with:

  • the decommissioning of licence infrastructure
  • the removal of equipment and other property from a licence area or a vacated area
  • the remediation of the licence area and vacated area, or any other area affected by the activities carried out under the licence.

Regulations under the OEI Act may prescribe acceptable forms of financial security.

Obligation to maintain and remove offshore infrastructure

All licence holders have an obligation to:

  • maintain in good condition and repair all structures, equipment and other property that is in the licence area and used in connection with the activities authorised by their licence
  • remove all structures, equipment and other property that is not or is no longer used in connection with the activities authorised by their licence.[34]

The Minister must be satisfied that all structures, equipment and other property have been removed from the licence area (or other acceptable arrangements have been made), and that the licence holder has made good any damage to the seabed or subsoil, or any other environmental damage, in the Commonwealth offshore area before accepting the surrender of a licence.[35]

Safety and protection zones

The OEI Act allows the Regulator to declare 2 types of temporary zones to protect against interference with offshore renewable energy infrastructure or offshore electricity transmission infrastructure, associated structures or vessels, equipment on associated structures or vessels, or activities being carried out on, by or in connection with structures or vessels.

The zones are:

  • safety zones – the Regulator may, by notifiable instrument, declare a safety zone of up to 500 meters around eligible safety zone infrastructure[36]
  • protection zones – the Regulator may, by legislative instrument, determine that a specified area in the Commonwealth offshore area is a protection zone.[37]

A range of offence and civil penalty provisions apply to breaches of the zones or interference with offshore infrastructure.

State and territory coastal waters

While some states (such as Western Australia) are assessing proposals under existing planning and environmental assessment laws, others are developing or have passed new Acts that establish specific frameworks for renewable energy projects in their coastal waters.

South Australia

In November 2023, the Hydrogen and Renewable Energy Act 2023 (HRE Act) was enacted in South Australia (SA).[38] The HRE Act ‘introduces a “one window to government” licencing and regulatory system for the lifecycle of large‑scale hydrogen and renewable energy projects’, including wind farms in coastal waters. This is similar to SA’s approach to mining and other energy resource activities.[39]

The HRE Act allows the SA Minister to declare ‘release areas’, including in coastal waters, as suitable for the operation of renewable energy infrastructure. Potential projects would then be assessed and awarded through a competitive tender process. The HRE Act provides for 3 types of renewable energy licences: feasibility, infrastructure (equivalent to commercial licences under the OEI Act), and research. It also provides for a hydrogen generation licence and a special enterprise licence (to support the construction of inputs such as wind turbines and solar panels).

Victoria

At the time of writing, Victoria is the only state to have declared offshore wind targets. In March 2024, these targets were legislated by the Victorian Parliament.[40] In addition, the Victorian Government has foreshadowed the introduction of amending legislation in the first half of 2024 to address land tenure issues in coastal waters and update electricity safety legislation.[41]

Offshore Wind Energy Victoria was established to coordinate the development of the state’s offshore wind energy sector, and in December 2023, it released its third Offshore Wind Implementation Statement. VicGrid is coordinating the identification of connection point(s) for offshore wind developers, and the state government has allocated funding to establish a Wind Worker Training Centre.

The Victorian Government had identified the Victorian Renewable Energy Terminal[42] at the Port of Hastings as a suitable site to support the development and servicing of offshore infrastructure activities. On 9 October 2023, the proposed project was referred to the Federal Minister for the Environment for assessment and approval under the EPBC Act.[43] However, on 18 December 2023, the Minister for the Environment determined that the proposed action was ‘clearly unacceptable’ due to potential significant impacts on the Western Port Ramsar Wetland.[44] The Victorian Premier, Jacinta Allen, has expressed disappointment with this decision and the state government and Port of Hastings are continuing to assess the Minister’s decision and whether it may be possible to resubmit a revised referral.[45]

Consideration of environmental impacts

Proposed offshore renewable infrastructure projects are likely to require referral, assessment and approval under Australia’s primary national environmental law, the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).

The EPBC Act establishes an environmental impact assessment and approval regime for actions (referred to as ‘controlled actions’) that have, will have, or are likely to have, a significant impact on matters of national environmental significance (referred to as ‘protected matters’). The protected matters are listed in Part 3 of the EPBC Act. The 6 matters that are most relevant to offshore renewable energy projects are:

The referral, assessment and approval process all involve the following steps:

  • A project proponent identifies that the proposed project has, will have, or is likely to have a significant impact on a protected matter and refers the proposal to the Minister for the Environment (the Minister).
  • The Minister (or their delegate) determines whether or not the proposed project is a controlled action; that is, the proposed project has, may have, or is likely to have a significant impact on a specific protected matter.
  • The Minister (or delegate) determines the type of assessment required to assess the potential impacts of the proposed project on the specific protected matter; this can range from an assessment based on preliminary information provided in the referral document to a full environmental impact assessment.
  • The project proponent (as required, and to the level of detail required by the assessment approach) undertakes a range of environmental studies to identify and assess the potential impacts of the proposed project on the protected matters and identifies ways in which these potential impacts can be avoided or mitigated.
  • The project proponent submits this information to the Department, which prepares an assessment report for the Minister.
  • The Minister determines whether to approve or not approve the project, and whether any conditions should be attached to the approval.

The process includes 2 formal opportunities for public consultation, firstly, on the submission of the referral and secondly, on the submission of the completed assessment information.

In July 2023, the DCCEEW released guidance on key environmental factors ‘to provide consolidated information to offshore renewable energy proponents on the key environmental factors for consideration when developing projects in the Australian marine environment under the EPBC Act’.[46] Project proponents will need to consider these factors if preparing environmental impact assessments. The guidance identifies 13 environmental factors for sources of impact, such as underwater noise, turbine interactions, seabed disturbance, and underwater cultural heritage. For each environmental factor, it:

  • summarises potential sources of impact
  • lists key statutory documents, management principles and other relevant EPBC Act information sources
  • describes good practice management to minimise, or monitor and mitigate, potential impacts.

In November 2023, the Offshore Infrastructure Regulator released guidance on Offshore renewables environmental approvals. The guidance notes that commercial offshore wind farms, and potentially also initial feasibility studies, investigations and surveys, constitute activities requiring environmental assessment. It includes the clarification that ‘licences issued under the OEI Act are separate to approvals under the EPBC Act and state and territory requirements and approval under one Act does not guarantee approval under another’.[47]

To date, several proponents have submitted referrals under the EPBC Act in relation to preliminary geophysical, geotechnical and marine studies associated with proposed offshore windfarms.[48] These have generally been determined to be not controlled actions, if undertaken in a particular manner. The particular manner conditions include adherence to a range of policy statements and guidelines, including:

Additional Commonwealth approvals may be required, depending on the location and nature of activities.[49] For example, if a proposed project is located in, or may have an impact on:

The Australian Government has also indicated that it is considering mechanisms to streamline environmental assessment processes.[50] This may include regional plans or strategic assessments, whereby an assessment could occur across a declared area and negate the requirement for individual environmental approvals, provided the project is implemented in accordance with the approved regional plan or endorsed program, policy or plan under the strategic assessment.

The Australian Government is currently progressing reforms to the EPBC Act, which may result in changes to the processes outlined in this paper.[51]

Further resources

 

Acknowledgements: the author thanks Clare Murdoch, Dr Stephen McMaugh, Dr James Prest and Dr Hunter Laidlaw for discussions and comments on an earlier version of this paper.

 

For copyright reasons some linked items are only available to members of Parliament.

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[1].   The Offshore Electricity Infrastructure Act 2021 (OEI Act) commenced on 2 June 2022.

[2].   OEI Act, section 13. At the time of writing, no additional resources, events or circumstances have been prescribed in the Offshore Electricity Infrastructure Regulations 2022 (OEI Regulations).

[3].   ‘Global Wind Power Tracker’, Global Energy Monitor (GEM); data downloaded 12 February 2024. Project phases identified in the GEM Global Wind Power Tracker are counted as separate projects (for example, there are currently 3 phases proposed for the Ocean Winds wind farm).

[4].   The 2050 net zero target was legislated with the passage of the Climate Change Act 2022 in September 2022.

[5].   Department of Climate Change, Energy, the Environment and Water (DCCEEW), Australian Energy Statistics, Table O Australian electricity generation, by state and territory, by fuel type, physical units, June 2023; Parliamentary Library calculation from Table O1.1 Electricity generation by fuel type, physical units, financial year.

[6].   Global Wind Energy Council, Global Offshore Wind Report 2023, (Belgium; Global Wind Energy Council, 2023), 7, 8.

[7].   The OEI Act commenced on 2 June 2022.

[8].   ‘Global Wind Power Tracker’, GEM; data downloaded 12 February 2024. Project phases identified in the GEM Global Wind Power Tracker are counted as separate projects.

[9].   Explanatory Memorandum, Offshore Electricity Infrastructure Bill 2021, 4.

[10]. See for example: Angira Bharadwaj, ‘Government “Blind” on Offshore Wind Farms’, Daily Telegraph, 10 January 2024; Cam Wilson, ‘“Misinformation War”: Inside the Facebook Groups Fighting Against Offshore Wind Farms’, Crikey, 6 November 2023; Romy Stephens and Max Tillman, ‘Port Stephens Residents and Tourism Operators Among Hundreds at Rally to Protest Offshore Wind Zone Plans’, ABC News, 7 October 2023.

[11]. Coastal Waters (State Powers) Act 1980, Coastal Waters (State Title) Act 1980, Coastal Waters (Northern Territory Powers) Act 1980 and Coastal Waters (Northern Territory Title) Act 1980.

[12]. OEI Act, section 8. Offshore renewable energy infrastructure and offshore electricity infrastructure projects are defined in sections 10 and 11, respectively.

[13]. OEI Act, Chapter 5, Part 1.

[14]. National Offshore Petroleum Titles Administrator, 2022–23 Annual Report of Activities, (Commonwealth of Australia, 2023), 6.

[15]. OEI Act, Chapter 5, Part 2.

[16]. OEI Act, section 18.

[17]. As the responsible Minister for the purpose of the Navigation Act 2012.

[18]. OEI Act, subsection 19(1).

[19]. OEI Act, subsection 20(1).

[20]. Explanatory Memorandum, Offshore Electricity Infrastructure Bill 2021, 2.

[21]. OEI Act, section 15.

[22]. OEI Act, Chapter 3, Part 1.

[23]. OEI Regulations, regulation 7.

[24]. OEI Act, sections 34, 44, 53 and 62.

[25]. OEI Regulations, regulation 25.

[26]. OEI Regulations, regulation 11.

[27]. OEI Regulations, regulations 14–16.

[28]. OEI Act, sections 34, 44, 53 and 62; OEI Regulations, regulation 16. For further discussion of issues with overlapping applications and financial offers, see: J. Brumpton, C. Mitchell, L. Westmore, F. Gibbons, B. Blount, O. Harduwar, J. Mclay and P. Betteridge, Offshore Wind Tenure in Australia: Resolving Overlapping Applications, DLA Piper and Create Advisory, 3 November 2023.

[29]. OEI Act, section 297.

[30]. OEI Regulations, regulation 45.

[31]. OEI Regulations, regulation 45, Item 1.

[32]. Australian Government, Offshore Renewables Environmental Approvals, Revision 2, November 2023, 9.

[33]. OEI Act, section 117. See also section 119.

[34]. OEI Act, section 116.

[35]. OEI Act, section 74.

[36]. OEI Act, Chapter 4, Part 3, Division 3.

[37]. OEI Act, Chapter 4, Part 3, Division 4.

[38]. The Hydrogen and Renewable Energy Act 2023 (SA) will commence on a day to the fixed by proclamation.

[39]. Department for Energy and Mining (SA), Hydrogen and Renewable Energy Act: Explanatory Guide to the Bill, (Adelaide: Government of South Australia, 2023), 7.

[40]. Climate Change and Energy Legislation Amendment (Renewable Energy and Storage Targets) Act 2024 (Victoria).

[41]. Offshore Wind Energy Victoria, Implementation Statement 3, (Victorian Government, December 2023), 32–33.

[42]. The Victorian Minister for Planning determined that an environmental effects statement for the project was required under the Victorian Environmental Effects Act 1978 (referral number 2023‑R006).

[43]. EPBC referral number 2023/09609.

[44]. Tanya Plibersek (Minister for the Environment), Notification of decision that the action is clearly unacceptable: Victorian Renewable Energy Terminal (EPBC 2023/09609), 18 December 2023; Tanya Plibersek (Minister for the Environment), Statement of reasons for a decision that an action is clearly unacceptable under the Environment Protection and Biodiversity Conservation Act 1999, 18 December 2023.

[45]. Gus McCubbing and Angela Macdonald‑Smith, ‘Wind Power Before Wetlands: Allen’, Australian Financial Review, 9 January 2024; Graham Readfearn, ‘Tanya Plibersek Blocks Victorian Government’s Plan to Build Wind Turbine Plant at Port of Hastings’, Guardian, 8 January 2024.

[46]. DCCEEW, Key Environmental Factors for Offshore Windfarm Environmental Impact Assessment under the Environment Protection and Biodiversity Conservation Act 1999, (Canberra: DCCEEW, July 2023), 5.

[47]. Australian Government, Offshore Renewables Environmental Approvals, Revision 2, (Australian Government, November 2023), 5.

[48]. Referral applications and associated decision documents can be viewed at the DCCEEW ‘EPBC Act Public Portal’ by limiting the Primary Jurisdiction to ‘Commonwealth Marine’.

[49]. For example, approvals may be required under the Environment Protection (Sea Dumping) Act 1981 and the Underwater Cultural Heritage Act 2018.

[50]. DCCEEW, Key Environmental Factors Guidance, 7.

[51]. Emily Gibson, Reforming Australia’s National Environmental Law: an Overview of the Government’s Response to the Samuel Review, Research paper series, 2023–24, (Canberra: Parliamentary Library, November 2023).