Chapter 2Overview of the offshore wind industry consultation process
Overview
2.1This chapter provides an overview of the consultation process undertaken by the Department of Climate Change, Energy, the Environment and Water (DCCEEW) in relation to proposed offshore wind areas. This chapter contains information on:
the regulatory framework for offshore wind, focusing on public consultation opportunities; and
the status of the consultation process undertaken in each of the offshore wind priority areas.
Legislative framework for offshore wind
2.2Offshore renewable energy infrastructure is regulated by the Offshore Electricity Infrastructure Act 2021 (OEI Act) and associated regulations. The OEI Act enables the construction, installation, commissioning, operation, maintenance and decommissioning of offshore electricity infrastructure within the Commonwealth offshore area. DCCEEW stated that Australia's marine waters are used for a range of recreational or commercial activities, and that the OEI Act 'operates under the principle of shared use of the offshore marine environment and aims to balance competing interests'.
2.3Under the OEI Act, the Minister for Climate Change and Energy (the minister) is responsible for all licensing decisions, including declaration of area suitability. The Offshore Infrastructure Registrar is responsible for administering the licensing scheme, including maintaining a register of licences and making recommendations to the minister. The Offshore Infrastructure Regulator (the regulator) is responsible for overseeing the operational aspects of an offshore renewable energy project, including work health and safety, infrastructure integrity, and environmental management of offshore renewable energy infrastructure.
2.4Officials from the regulator were invited by DCCEEW to participate in a series of community drop-in sessions in relation to the proposed declaration of an area off Bunbury, Western Australia, in March 2024. The regulator stated that the purpose of its involvement was to build an understanding of the regulator's roles and responsibilities under the OEI Act and to share information about offshore renewables regulation.
2.5The OEI Act operates alongside existing legislation including the Native Title Act 1993, the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), and the Underwater Cultural Heritage Act 2018.
2.6Geoscience Australia also plays a role in the development of an offshore wind industry by providing data, information, services and advice. Geoscience Australia stated that it supports the consultation process led by DCCEEW by updating the Australian Marine Spatial Information System (AMSIS) to support ministerial announcements about renewable energy areas. Officials from Geoscience Australia also attended community engagement sessions in four of the six priority areas to demonstrate digital decision-support tools.
2.7Geoscience Australia also delivers marine geoscience information through digital portals.
Overview of the offshore renewable energy development process
2.8DCCEEW set out the process for the development of offshore renewable energy (see Figure 2.1). In summary, the process is separated into three stages, each of which contains built-in opportunities for public feedback:
Stage 1—initial consultation led by DCCEEW and regional zoning, with no construction able to take place;
Stage 2—project proposals, feasibility studies and approvals, with no construction able to take place during this stage. Stage 2 involves environmental impact assessments and other approvals, as well as management plans, and includes requirements for consultation on project-specific elements; and
Stage 3—project delivery, including the construction and operation of the project and the decommissioning at the end of the lifecycle, including consultation on commercial licence arrangements.
Figure 2.1 The offshore renewable energy process
Source: DCCEEW, Submission 61, p. 28.
Stage 1—initial consultation and regional zoning
2.9The OEI Act specifies that public consultation is required to inform the minister's decision on the suitability of an area for offshore renewable energy infrastructure. The minister must also consult the Defence Minister and the minister administering part of the Navigation Act 2012.
2.10Before an offshore renewable energy infrastructure project can be considered, the minister must declare an area suitable. If the minister proposes to declare an area, a notice must be published on DCCEEW's website. The notice must:
outline the area proposed for declaration;
invite submissions from the public;
specify how submissions are to be made;
specify when submissions must be made by, providing at least a 60-day consultation period; and
include any other information deemed appropriate by the minister.
2.11Feedback provided through submissions informs the minister's decision on whether to declare an area as suitable for offshore renewable energy developments.
2.12Under the OEI Act, the minister must give consideration to:
potential impacts of the project lifecycle (from construction to decommissioning) on other marine users and interests;
submissions received during the consultation process;
advice received in consulting the Defence Minister and the minister administering the relevant section of the Navigation Act 2012;
Australia's international obligations in the area; and
Australia's greenhouse gas emissions reduction targets.
2.13The minister may also have regard to other relevant matters, and may make the declaration subject to conditions if the minister thinks it is appropriate.
2.14Geoscience Australia stated that it updates the information on the AMSIS website at the time of announcements on proposed or declared areas to allow for public engagement with accurate information.
Stage 2—project proposals, feasibility studies and approvals
2.15After an area is declared as suitable, applications are opened for organisations to apply for a relevant licence. The OEI Act sets out four types of licences within which offshore renewable energy projects must operate. Each licencing type provides provisions for various stages of offshore renewable energy infrastructure.
2.16The four licencing types are:
Feasibility licence, authorising the licence holder to assess the feasibility of an offshore renewables project, such as a commercial offshore wind farm. A feasibility licence can last up to seven years, and be extended upon request, however feasibility licences cannot overlap with other licence types.
Commercial licence, authorising the licence holder to carry out an offshore renewables project, and can be granted for up to 40 years. A commercial licence can only be granted where a feasibility licence was held.
Research and demonstration licence, authorising the licence holder to research into or carry out demonstration of offshore renewable energy infrastructure. Research and demonstration licences can be granted for up to 10 years.
Transmission and infrastructure licence, authorising the licence holder to store, transmit or convey electricity, which may or may not be renewable energy. In addition, it also authorises licence holders to assess the feasibility of storing, transmitting or conveying electricity.
2.17Feasibility licence holders are required to undertake a variety of studies and investigations; consultations with community, First Nations and broader stakeholders; and work through relevant state and Commonwealth approvals processes to identify any uncertainties or risks and determine whether a full-scale commercial project is viable.
2.18The first feasibility licences were awarded in April 2024 for the Gippsland declared area.
2.19State and territory governments are responsible for licensing and regulating projects and associated infrastructure in their coastal waters (less than three nautical miles).
Environment Protection and Biodiversity Conservation Act
2.20Under the EPBC Act, approvals are required if an action 'has, will have, or is likely to have a significant impact on any of the matters of national environmental significance' including the environment of Commonwealth marine areas. In these circumstances, offshore wind proponents are required to undertake public consultation, which is a separate requirement to the consultation required under the OEI Act and supporting regulations.
2.21The EPBC Act mandates public comment periods for referrals and assessments, and consultation methods can include community meetings, letterbox drops, public notices, and sharing project information on the proponent's website. Referrals are published on the EPBC Act Public Portal for a 10-business-day public comment period. The Minister for the Environment then considers the result of consultation in determining whether the referred action is a 'controlled action' for the purposes of the EPBC Act.
2.22Public consultation is also undertaken on any assessment documentation and is usually undertaken by the proponent. There is generally a consultation period of at least 20 days.
2.23The Minister for the Environment may also offer additional public comment periods if deemed appropriate or necessary.
2.24The regulator submitted that 'it is highly like that all commercial scale offshore wind projects will be determined to be controlled actions under the EPBC Act and require formal assessment and approval under…that Act'.
2.25Dependent on the location of offshore renewable projects and the nature of activities, projects may be subject to additional Commonwealth approvals, such as the Underwater Cultural Heritage Act 2018.
2.26Consultation undertaken as part of the EPBC Act assessment process includes consultation with First Nations communities, and should be undertaken in accordance with the interim guidance released by DCCEEW. Engagement with First Nations communities is discussed below.
Management Plan Requirements
2.27Under the feasibility licence phase in Stage 2 of the offshore renewable energy process, a licence holder wanting to apply for a commercial licence must have a management plan approved by the regulator. This occurs before offshore activities, including the construction, installation, operation, maintenance and decommissioning of infrastructure, can proceed.
2.28Licence holders must lead consultation in preparation for their management plans 'to determine the impacts that the proposed OEI activities may have on co-users of the licence areas and local communities'. The outcome of this consultation process must be documented in the management plan, including mitigation measures for the impacts identified.
2.29Management plans detail the operational aspects of a project, and should be developed in consultation with stakeholders and 'set out how a licence holder proposes to manage work health and safety, infrastructure integrity and environmental management risks associated with activities proposed to be carried out under an OEI Act licence'.
2.30A management plan is a legally enforceable document under the OEI Act framework, and is used by the regulator to monitor ongoing compliance. The regulator may take enforcement action to ensure compliance with relevant requirements and obligations, that activities are being carried out safely, and to drive continuous improvement.
Stage 3—project delivery
2.31During Stage 3, eligible developers can apply for commercial licences and undertake public consultation. This stage sees the construction of offshore wind projects, subject to approvals being received.
2.32DCCEEW considered that best practice consultation requires ongoing consultation with affected persons throughout the life of an OEI licence, which should be supported by appropriate information. Ongoing consultation should be conducted according to a stakeholder engagement strategy.
Consultation process for the six offshore wind priority areas—Stage 1
2.33The declaration process for the six priority regions listed in Chapter 1 has been undertaken consecutively. DCCEEW stated that the purpose of public consultation for each of the proposed declaration areas was:
…to inform the community about the proposal that had been announced and the details of the submissions process, as well as deepen the Government's understanding of how any future infrastructure may impact nearby communities, and other users of the space.
2.34This section provides an overview of the consultation process underway in the six priority areas identified by the minister in August 2022.
2.35Each area's Consultation Hub webpage, hosted on the DCCEEW website, includes unique information to the area, with resources providing the community with additional information on the proposal, including:
notice of proposal;
overview of the proposed area;
supporting information for the region;
marine users and interests;
frequently asked questions; and
interactive map of the proposed area.
2.36In each of the six priority areas, the required written submission process undertaken by DCCEEW in line with the OEI Act was augmented by information relating to the consultation process and community sessions disseminated on the DCCEEW website, social media channels (X, Facebook, Instagram and LinkedIn), radio and newspaper advertisements, and pamphlets distributed to residents' letterboxes.
2.37Each consultation process received a varying degree of media attention in the respective areas, increasing the dissemination of information more widely through regional and national newspapers and websites.
2.38In addition to accepting written submissions from the public, DCCEEW also undertook drop-in consultation sessions. The format of these sessions did not include a formal structure or presentation, and community members were able to have individual and small group discussions with government representatives.
2.39DCCEEW also held online and in-person targeted sessions providing local industries the chance to ask questions and deepen their knowledge of the proposal.
2.40DCCEEW noted that all areas garnered a mix of feedback putting forward both opposing and supporting views on offshore wind projects.
Gippsland, Victoria
2.41Public consultation was undertaken from 5 August to 7 October 2022, beginning with the publication of the Notice of Proposal for the area off Gippsland. Six open house sessions were held throughout this period from 29 August to 1September 2022. DCCEEW stated that more than 500 people attended these sessions. Additionally, five online sessions were held specifically for relevant local stakeholders between 17 and 25 August 2022.
2.42DCCEEW officials engaged with the Gunaikurnai Land and Waters Aboriginal Corporation, Bunurong Land Council Aboriginal Corporation and Boon Wurrung Foundation during the proposal of the declared area. After the declaration of the Gippsland area in December 2022, DCCEEW engaged with other Traditional Owner organisations and sought comments on 'how granting feasibility licences might affect native title rights and interests'.
2.43A total of 765 submissions to the department's Gippsland consultation process were received which set out concerns regarding environmental impacts, visual amenity, recreational and commercial fishing, onshore impacts, and shipping impacts. Submissions were also supportive of the development of the offshore wind industry, potential benefits to the local economy, and transitioning to clean renewable energy.
2.44After considering the community feedback, in December 2022, the minister declared a revised area as suitable covering 15 000 km2 from Lakes Entrance to south of Wilsons Promontory. The Australian Government has subsequently granted 12 feasibility licences for offshore wind projects in this area.
2.45Responding to community feedback, the minister declared a smaller area than originally proposed (a reduction of 45.45 per cent), and gave consideration to concerns regarding visual amenity. The declaration of a smaller area was designed to avoid an environmentally significant area as a precautionary measure, being a probable migration path for the Orange-Bellied Parrot.
2.46In addition, the declaration instrument issued in December 2022 places conditions on feasibility licence holders to ensure that future consultation undertaken by proponents includes fishing stakeholders during the preparation of management plans.
2.47Feasibility licence holders are also required to consult with various Commonwealth agencies, including the Department of Defence, the Bureau of Meteorology and the Australian Maritime Safety Authority (AMSA), and with the titleholders of any existing petroleum or greenhouse gas titles issued under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 whose title area overlaps with the licence area.
2.48Feasibility licence holders are delivering community engagement events in March 2025.
Hunter, New South Wales
2.49Public consultation for the Hunter region was undertaken from 23February to 28 April 2023. Seven open house sessions were held from 6 March to 9 March 2023, with more than 300 attendees. Additionally, six online sessions were held specifically for local stakeholders between 20 to 23 March 2023. More than 45000 flyers were distributed to households in suburbs and adjacent towns, and paid promotion of the consultation period was undertaken in local newspapers, radio and on social media.
2.50DCCEEW contacted a number of First Nations groups whose country is adjacent to the proposed area. An in-person meeting on-country was held with Biraban Local Aboriginal Land Council in March 2023.
2.51A total of 1916 submissions were received from the Hunter region raising similar concerns relating to environmental impacts, impacts on commercial and recreational fishing, visual amenity, and shipping impacts, as in the Gippsland consultation process. Submissions were also similarly supportive of the development of an offshore wind industry, potential benefits to the local economy, and transitioning to clean renewable energy.
2.52In responding to community feedback, the minister declared a smaller area than originally proposed (a 34.04 per cent reduction). This took account of significant environmental areas including marine parks, addressed concerns regarding visual amenity, avoided fish aggregating devices used for recreational fishing, and allowed sufficient space ensuring safe management of shipping.
2.53In July 2023, the minister declared a revised area as suitable, covering 1854km2 extending from Norah Heads to Port Stephen. The Australian Government has subsequently granted one feasibility licence.
2.54The consultation process also resulted in the avoidance of significant environmental areas including marine parks, the Shelf Rocky Reef Key Ecological Feature and an area important to the Gould's Petrel around Cabbage Tree Island, and the avoidance of fish aggregating devices used by recreational fishers. Further changes as a result of stakeholder feedback will allow space for the safe management of shipping in the area. The declaration instrument issued in July 2023 also placed conditions such as the restriction of infrastructure height to 260 m and the requirement for future feasibility licence holders to consult with various Commonwealth agencies and representatives of the fishing industry.
2.55A formal offer of a feasibility licence has been made.
2.56The Australian Government is convening a Hunter Wind Industry Committee (HWIC), to be comprised of officials from relevant Commonwealth departments, licence holder, state and local governments, First Nations groups, local industry, workers’ representatives and tertiary educational institutions.
2.57The HWIC will meet quarterly, with a forward work program including updates from HWIC members on existing activities which aim to: maximise ‘use of local content’ and generate employment opportunities within the community; identify opportunities for further actions to build industry capability; and plan and implement work to increase industry capability and increase local content.
Southern Ocean, west coast Victoria
2.58Public consultation for the Southern Ocean region, off the Victorian west coast, was undertaken from 28 June to 31 August 2023. Five community information sessions were held from 1 to 3 August 2023, with more than 700 people attending. Additionally, four online sessions were held specifically for local stakeholders between 9 to 17 August 2023. Paid promotion of the consultation was undertaken in local newspapers, radio and social media, with flyers distributed to more than 47 000 households in suburbs and adjacent towns.
2.59DCCEEW officials engaged with the Eastern Maar Aboriginal Corporation, Gunditj Mirring Traditional Owners Aboriginal Corporation and Burrandies Aboriginal Corporation, holding in-person and online meetings. This consultation occurred in collaboration with the Victorian and South Australian Governments. After the declaration of the area, the National Indigenous Australians Agency recommended engaging with the Wadawurrung Traditional Owners Aboriginal Corporation (WTOAC). DCCEEW initiated engagement with WTOAC as part of the minister's consideration of feasibility licence applications in August 2024.
2.60A total of 3285 submissions were received which raised concerns similar to those raised in other areas' consultation processes, and similarly, submissions which were supportive.
2.61In March 2024 the minister declared a revised area as suitable, covering 1030km2 extending from Warrnambool to Port Fairy (a reduction of 79.93 per cent). The Australian Government has subsequently granted one feasibility licence.
2.62Further outcomes from the public consultation process included environmental protections, such as avoiding the Key Ecological Feature, the Bonney coast upswelling, and including a buffer zone to protect threatened marine life, migratory seabirds and cetaceans. The declared area also avoids major commercial fishing grounds and excludes an area of cultural significance to First Nations groups. Space has also been made for the safe management of shipping in the area.
2.63The declaration instrument, issued in March 2024, places conditions on future feasibility holders to consult with the Department of Defence and the AMSA, and with representatives of the fishing industry.
2.64A formal offer of a feasibility licence has been made.
2.65Similarly to the Hunter, the Australian Government is convening a Southern Ocean Wind Industry Committee (SOWIC), to be comprised of a similar membership as the HWIC and to meet quarterly on a similar forward work plan.
Illawarra, New South Wales
2.66Public consultation for the Illawarra region was undertaken from 14 August to 15 November 2023. Several community drop-in sessions were held from 18 to 21 September 2023. Additionally, five online sessions were held specifically for local stakeholders between 4 to 14 September 2023. The public consultation period was extended (from 16 October to 15 November 2023) after significant community interest and social media campaigns argued that the period was too short.
2.67Advertising was undertaken through newspapers, radio and social media, and flyers were distributed to more than 157 000 homes which encouraged submissions to the consultation process. Six community information sessions were held, which were attended by more than 1270 community members. Five sessions were held with industry stakeholders, with approximately 40 attendees.
2.68Additionally, Ms Alison Byrnes MP, the Federal Member for Cunningham, arranged two public meetings with a panel of experts in October 2023. DCCEEW staff attended these meetings to answer questions.
2.69DCCEEW raised concerns about the propagation of misleading information in the Illawarra:
The proposed area off the Illawarra gained more attention across traditional media platforms and social media than previous offshore renewable energy area proposals. Much of the reporting did not accurately reflect the purpose of the area declaration proposal or the consultation process.
The potential visibility and appearance of future offshore wind projects was a common concern. In response to these concerns and some misleading images being circulated online, the department produced and published visualisations showing hypothetical offshore wind turbines in the proposed area from certain vantage points around the Illawarra region.
2.70A total of 14 211 submissions were received raising concerns about environmental impacts, particularly for whales and birds, visual amenity, the safe management of shipping, and impacts on commercial and recreational fishing. Submissions were also supportive of developing a local source of clean renewable energy, taking action to address climate change and employment opportunities and potential benefits to the local community and First Nations people from this new industry.
2.71In June 2024 the minister declared a smaller area than originally proposed, covering 1022 km2 extending from Wombarra to Kiama (a reduction of 30.05 per cent). At the time of writing the Australian Government is considering applications received for feasibility licences.
2.72In responding to community feedback, the minister declared a smaller area that is 10 km further offshore than originally proposed. This considered the concerns raised by the community during the consultation process. The declared area also allows space for the safe management of shipping in the area, and avoids significant environmental areas including marine parks, a Biologically Important Area for the Little Penguin, Shelf Rocky Reef Key Ecological Feature and Southern Right Whale migration and reproduction area. Feedback from the consultation on the size of the area was considered, with the declared area 'large enough to support development of offshore wind in the Illawarra'.
2.73Similar conditions on consultation to be undertaken by future feasibility licence holders were included in the declaration instrument, issued in June 2024. A height restriction of 260 m was also placed on offshore renewable energy infrastructure. Future feasibility licence holders are also required to consult with various Commonwealth agencies, and with the titleholders of any existing petroleum or greenhouse gas titles issued under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 whose title area overlaps with the licence area.
Bass Strait, northern Tasmania
2.74Public consultation for the Bass Strait region off the coast of northern Tasmania was undertaken from 24 October 2023 to 31 January 2024. Several community drop-in sessions were held from 4 to 7 December 2023 and 23 to 24 January 2024, with 220 attendees. Additionally, specific industry stakeholders were invited to attend online information sessions between 11 and 15 December 2023. Paid promotion of the consultation period was undertaken in local newspapers, radio and social media. Flyers were distributed to 35 500 households in suburbs and adjacent towns.
2.75DCCEEW received 270 submissions during its public consultation process, which raised similar concerns and support as other consultation processes.
2.76DCCEEW consulted with Traditional Owner organisations that could potentially be impacted by the proposed offshore wind infrastructure, including meeting in person or virtually. DCCEEW officials met with Melythina Tiakana Warrana Aboriginal Corporation; Aboriginal Land Council of Tasmania; Land and Sea Aboriginal Corporation Tasmania; and Circular Head Aboriginal Corp. DCCEEW officials also initiated contact with other Tasmanian Aboriginal groups.
2.77In December 2024, the minister declared a smaller area than originally proposed, covering 7104 km2 (a reduction of 29.91 per cent). The change to the declared area size reflects feedback provided during the consultation process. In addition, public consultation led to the placement of the declared area further from the shore, allowing the safe management of shipping in the area, reduced overlap with commercial fisheries, and further away from the known pathways of migratory birds. As in the Illawarra public consultation process, the area will be large enough to support the development of offshore wind in northern Tasmania.
2.78The declaration instrument also places conditions on future feasibility licence holders to consult the Department of Defence in relation to underwater noise monitoring and chartering of infrastructure.
Indian Ocean off Bunbury, Western Australia
2.79Public consultation for the Bunbury region was undertaken from 20February to 3 May 2024. Five community drop-in sessions were held from 19to 21 March 2024, with around 1000 attendees. Additionally, several online sessions were held specifically for local stakeholders during the consultation period, including a public online information session on 29 April 2024.
2.80Consultation began prior to the area being proposed, including engagement with the Western Australian Government, local councils, First Nations groups, fishing bodies and business groups. Consultation continued after the announcement of the proposal, and was promoted through social media and other channels.
2.81As fishing is particularly important in the region, DCCEEW arranged additional information sessions with recreational and commercial fishing stakeholders. These sessions were co-organised by representatives of the commercial and recreational fishing peak bodies.
2.82DCCEEW engaged with First Nations organisations, groups and communities in the region in person and virtually, and meetings were held between First Nations groups, DCCEEW and the Western Australian Government. DCCEEW met with the Gnaala Karla Booja Aboriginal Corporation; Karri Karrak Aboriginal Corporation; and Whadjuk Aboriginal Corporation.
2.83A total of 2670 submissions were received raising concerns on environmental impacts, particularly for whales, reefs and the seafloor, visual amenity and impacts on commercial and recreational fishing. Submissions were also supportive of a local source of clean renewable energy, action to address climate change, and employment opportunities and potential benefits to the local community and First Nations people from this new industry.
2.84In August 2024 the minister declared a smaller area than originally proposed, covering 3995 km2 extending between Dawesville and Cape Naturaliste (a reduction of 47.94 per cent). The feasibility licence application window closed in January 2025.
2.85In responding to community feedback, the minister declared a significantly smaller area than originally proposed. This gave consideration to concerns raised during the consultation process and removed overlap with recreational and commercial fishing areas by removing more than 60 per cent of the area requested by recreational fishers, including the Naturaliste Reef hotspot. The declared area is also further from the shore, allows space for the safe management of shipping in the area, and is further from whale habitat. The area is also large enough to support the development of the offshore wind industry in Western Australia.
2.86The declaration instrument, issued in August 2024, set conditions on future feasibility licence holders to consult with various Commonwealth agencies and representatives of the fishing industry.
Next chapter
2.87Chapter 3 contains views on community engagement in the offshore wind consultation process, including views on the process, timeframes for community engagement and concerns about misinformation and disinformation.