2019-2020-2021

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

HOUSE OF REPRESENTATIVES

OFFSHORE ELECTRICITY INFRASTRUCTURE

(CONSEQUENTIAL AMENDMENTS) BILL 2021

EXPLANATORY MEMORANDUM

Circulated by authority of the Minister for Industry, Energy and Emissions Reduction, the Honourable Angus Taylor MP

TABLE OF CONTENTS

GLOSSARY                                                                                                       2

OUTLINE                                                                                                          4

FINANCIAL IMPACT STATEMENT                                                                4

REGULATION IMPACT STATEMENT                                                            4

CONSULTATION                                                                                             5

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS                        6

NOTES ON CLAUSES                                                                                       7

 

GLOSSARY

Abbreviation	Definition
Commonwealth offshore area	The following areas, and the seabed and subsoil beneath those areas: a)        the territorial sea of Australia; and b)       the exclusive economic zone; but does not include the coastal waters of a State or the Northern Territory
Consequential Amendments Bill	Offshore Electricity Infrastructure (Consequential Amendments) Bill 2021
CSI Act	Coral Sea Islands Act 1969
EPBC Act	Environment Protection and Biodiversity Conservation Act 1999
NOPSEMA	National Offshore Petroleum Safety and Environmental Management Authority
NOPTA	National Offshore Petroleum Titles Administrator
OEI	Offshore Electricity Infrastructure
OEI Bill	Offshore Electricity Infrastructure Bill 2021
Offshore infrastructure activities	Constructing, installing, commissioning, operating, maintaining or decommissioning Offshore Electricity Infrastructure (OEI)
Offshore Infrastructure Registrar	NOPTA is referred to as the Offshore Infrastructure Registrar under the OEI Bill
OPGGS Act	Offshore Petroleum and Greenhouse Gas Storage Act 2006
OREI	Offshore Renewable Energy Infrastructure: fixed or tethered infrastructure that has the primary purpose of engaging in any of the following activities: a)     exploring for one or more renewable energy resources; b)    assessing the feasibility of exploiting a renewable energy resource; c)     exploiting a renewable energy resource; d)    storing, transmitting or conveying a renewable energy product
Registrar	Offshore Infrastructure Registrar (the Minister may appoint NOPTA under the OEI Bill)
Regulator	Offshore Infrastructure Regulator (NOPSEMA)
Responsible Commonwealth Minister or the Minister	The Minister responsible for the administration of the Act
SI Act	Sea Installations Act 1987
TA	Telecommunications Act 1997
Titles Administrator	NOPTA is referred to as the Titles Administrator under the OPGGS Act

 

OFFSHORE ELECTRICITY INFRASTRUCTURE (CONSEQUENTIAL AMENDMENTS) BILL 2021

 

OUTLINE

The Offshore Electricity Infrastructure (Consequential Amendments) Bill 2021 (the Consequential Amendments Bill) is part of a package of three bills, including the Offshore Electricity Infrastructure Bill 2021 (the OEI Bill) and the Offshore Electricity Infrastructure (Regulatory Levies) Bill 2021 (the Bills).  

The purpose of the Bills is to enable the construction, installation, commissioning, operation, maintenance, and decommissioning of offshore electricity infrastructure projects, including transmission and generation projects in the Commonwealth offshore area.

 

The establishment of an offshore electricity industry in Australia supports the Australian Government’s objective to deliver a reliable, secure and affordable energy system by:

·          facilitating the growth of new sources of energy supply;

·          delivering reliability and improved grid security; and

·          ensuring the energy sector is well regulated.

The development of the offshore electricity industry offers additional benefits in Australia’s national interest, including the creation of new jobs, regional development, and significant investment in Australia’s coastal economies.

Part 1 of Schedule 1 of the Consequential Amendments Bill amends the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (OPGGS Act).

Part 2 of Schedule 1 of the Consequential Amendments Bill contains consequential amendments to other Acts arising from the enactment of the OEI Bill.

FINANCIAL IMPACT STATEMENT

The Consequential Amendments Bill is expected to have nil financial impact.

REGULATION IMPACT STATEMENT

A Regulation Impact Statement (RIS) was prepared for the OEI Bill, to which the Consequential Amendments Bill relates (OPBR reference 42703). The RIS can be found in the Explanatory Memorandum for the OEI Bill.

CONSULTATION

 

The measures in the Consequential Amendments Bill are consequential to the amendments in the OEI Bill. In developing the Consequential Amendments Bill consultation was undertaken with relevant Departments and agencies across the Commonwealth, including:

·          Australian Maritime Safety Authority

·          Department of Agriculture, Water and the Environment

·          Department of Finance

·          Department of Infrastructure, Transport, Regional Development and Communications

·          NOPSEMA

·          NOPTA

A public consultation process on the framework for the OEI was held from 3 January 2020 to 28 February 2020. During this period o ver 40 submissions were received from industry, non-government organisations, academia and the community. In addition, around 250 people attended public consultation workshops in Perth and Melbourne. The submissions received were generally supportive of the design and principles of the framework and the matters raised have been taken into account in development of the Bills.

 

 

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights

(Parliamentary Scrutiny) Act 2011

Offshore Electricity Infrastructure (Consequential Amendments) Bill 2021

The Consequential Amendments Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.



Overview of the Bill

The Consequential Amendments Bill amends Commonwealth legislation required to implement the Offshore Electricity Infrastructure Act 2021 (the OEI Act), once enacted. Part 1 of Schedule 1 to the Bill amends the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (the OPGGS Act) to:

·                      extend the operation of the OPGGS Act to provide that a person commits an offence if a regulated entity interferes with people undertaking offshore infrastructure activities;

·                      clarify the National Offshore Petroleum Safety and Environmental Management Authority’s dual role in regulating the OPGGS Act and the Offshore Electricity Infrastructure (OEI) framework, and how this applies to duties, money, and annual reporting;

·                      clarify that the National Offshore Petroleum Titles Administrator may also be appointed as the Offshore Infrastructure Registrar.

 

Part 2 of Schedule 2 to the Consequential Amendments Bill contains consequential amendments to the Coral Sea Islands Act 1969 , the Environment Protection and Biodiversity Conservation Act 1999 , the Sea Installations Act 1987 , and the Telecommunications Act 1997 , arising from the enactment of the OEI Act.



Human rights implications

The amendments in the Consequential Amendments Bill are technical in nature and do not engage any of the applicable human rights or freedoms.  



Conclusion

The Consequential Amendments Bill is compatible with human rights as it does not raise any human rights issues.

The Minister for Industry, Energy and Emissions Reduction,

The Honourable Angus Taylor, MP

OFFSHORE ELECTRICITY INFRASTRUCTURE (CONSEQUENTIAL AMENDMENTS) BILL 2021

NOTES ON CLAUSES

Clause 1: Short title

1.                   This is a formal provision specifying the short title of the Act.

Clause 2: Commencement

2.                   The table in this clause sets out the commencement date for the provisions of the Consequential Amendments Bill.

 

3.                   Sections 1 to 3 and any other parts of the Consequential Amendments Bill not referenced in the table, commence on the day the Consequential Amendments Bill receives Royal Assent.

 

4.                   Schedule 1 to the Consequential Amendments Bill commences at the same time as the Offshore Electricity Infrastructure Act 2021 (the OEI Act) commences. The OEI Act commences on a single day to be fixed by Proclamation. However, if the OEI Act is not proclaimed within the period of 6 months beginning on the day the OEI Act receives Royal Assent, it commences on the day after the end of that period.

Clause 3: Schedules

5.                   This clause provides that the Schedules to the Consequential Amendments Bill amend or repeal the legislation referred to therein in the manner set out in the Schedules.

 

Schedule 1—Amendments

Part 1—Amendments of offshore petroleum and greenhouse gas storage legislation

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Item 1: Section 8

6.                   This item inserts new definitions into the OPGGS Act. This aligns with the definitions provided in the OEI Bill as follows:

OEI Minister means the Minister administering the Offshore Electricity Infrastructure Act 2021 .

Offshore Infrastructure Registrar means the Registrar within the meaning of the Offshore Electricity Infrastructure Act 2021 .

Offshore Infrastructure Regulator means the Regulator within the meaning of the Offshore Electricity Infrastructure Act 2021 .

Item 2: At the end of paragraph 280(2)(d)

7.                   This item amends section 280 of the OPGGS Act, which relates to the regulation of petroleum activities. This amendment inserts subparagraph (iii) to paragraph 280(2)(d).

 

8.                   Paragraph 280(2)(d) requires persons carrying out activities in an offshore area under a permit, lease, licence, authority or consent (as defined by the scope of subsection 280(1). It requires that activities should be carried out in a manner that does not interfere with the listed matters to a greater extent than is necessary for the reasonable exercise of their rights and performance of duties.

 

9.                   This new subparagraph (d)(iii) extends the operation of the provision to add ‘offshore infrastructure activities (within the meaning of the Offshore Electricity Infrastructure Act 2021 )’ to the current list of lawful activities which are carried out in the marine environment. As a consequence, the current offence provisions at subsection 280(3) will also apply to this activity. 

 

10.               The purpose of this amendment is to clarify that offshore infrastructure activities are also included in these provisions.

Item 3: At the end of paragraph 460(2)(d)

11.               This item amends paragraph 460(2)(d) of the OPGGS Act to insert new subparagraph (iii). This is an identical provision to that provided above in paragraph 280(2)(d).

 

12.               Paragraph 460(2)(d) of the OPGGS Act relates to interference with other activities conducted in a marine environment. Specifically, it provides that persons carrying out activities in an offshore area that hold a permit, lease, licence, authority or consent must not interfere with the listed matters.

 

13.               New subparagraph 460(2)(d)(iii) will prescribe that persons holding a relevant permission listed in paragraph 2 above must carry on activities in a manner that does not interfere with offshore infrastructure activities, as defined in the OEI Act. In effect, the addition of subparagraph 460(2)(d)(iii) adds OEI activities to the list of other marine activities currently being performed in the offshore area.

 

14.               This amendment is intended to ensure that all persons carrying out any other above activities in an offshore area have an overriding responsibility to take into account the needs of others in the marine environment and not unduly interfere with their activities, unless so authorised.

Item 4: After section 649

15.               This item inserts new section 649A in Division 2 of Part 6.9 of the OPGGS Act, which provides for the establishment, functions and powers of NOPSEMA. New section 649A sets out the functions and powers of NOPSEMA in its capacity as the Offshore Infrastructure Regulator under the OEI Act.

 

16.               New section 649A clarifies that any reference to the functions or powers of NOPSEMA in the OPGGS Act does not include a reference to any functions or powers of NOPSEMA in its capacity as the Offshore Infrastructure Regulator under the OEI Act.

 

17.               This delineates that NOPSEMA has functions and powers with respect to regulating two separate legislative regimes and that it must use these functions and powers discreetly under each specific regime.

 

18.               After subsection 649A(1) there is a note which directs the reader to subsection 175(2) of the OEI Act, which is an equivalent provision to section 649A of the OPGGS Act.

 

19.               New subsection 649A(2) makes clear that the operation of this new provision does not prevent NOPSEMA exercising its general power in subsection 648(2) of the OPGGS Act for the purposes of the Offshore Infrastructure Regulator.

 

20.               Subsection 648(2) provides for, but does not limit, the ordinary powers which are necessary or convenient for NOPSEMA to do for or in connection with the performance of its functions. This includes powers such as entering into contracts, leasing and acquiring property and engaging in or cooperating with other parties in research and development projects. This ensures that there is no differentiation as to the operation of NOPSEMA’s powers in its capacity as the Offshore Infrastructure Regulator. This is because NOPSEMA, in its dual regulating role, will still be operating from the same premises.

Item 5: Subsection 650(5)

21.               This item repeals and substitutes subsection 650(5) of the OPGGS Act (excluding the heading) to reflect the new functions of NOPSEMA as the Offshore Infrastructure Regulator.

 

22.               New subsection (5) clarifies that NOPSEMA can only provide services under subsections 650(1) and (3) of the OPGGS Act in circumstances where its functions as the Offshore Infrastructure Regulator, under the OEI Act, or its capacity to perform its other functions, would not be impeded.

 

23.               Subsection 650(1) empowers NOPSEMA to provide services, under a contract entered into by NOPSEMA, to States or the Northern Territory or an agency or authority of a State or the Northern Territory if the services relate to the regulation of:

·          the exploration for petroleum; or

·          the recovery, processing, storage, offloading or piped conveyance of petroleum,

on or in specified locations.

24.               Subsection 650(3) empowers NOPSEMA to provide services, under a contract entered into by NOPSEMA and approved in writing by the responsible Commonwealth Minister (as defined in section 7 of the OPGGS Act), to governments, agencies or authorities of a foreign country, or part of a foreign country, where the services relate to the regulation of:

·          the exploration for petroleum;

·          the recovery, processing, storage, offloading or piped conveyance of petroleum,

outside Australia.

 

25.          On the insertion of subsection 650(5) into the OPGGS Act the EM stated:

 

Subsection 650(5) provides that NOPSEMA is not authorised to provide a service under a contract entered into under subsection (1) or (3) if to do so would impede NOPSEMA’s capacity to perform its other functions. It may be that difficulties in recruiting qualified and experienced staff, or the time taken to bring staff to an adequate level of training within NOPSEMA, makes it impracticable for NOPSEMA to take on contract work at a particular time.

 

26.          Accordingly, new subsection 650(5) will provide that NOPSEMA is not authorised to provide the services if they would impede NOPSEMA’s capacity to perform the functions of the Offshore Infrastructure Regulator. The purpose is to ensure NOPSEMA is able to undertake its legislative functions under each regime as a priority.

Item 6: At the end of section 672 

27.               This item adds new subsection 672(6) into the OPGGS Act.

 

28.               Section 672 of the OPGGS provides for the termination of the appointment of the CEO of NOPSEMA and the circumstances providing grounds for termination. 

 

29.               New subsection 672(6) clarifies that the reference to the duties of NOPSEMA’s CEO referred to in subsection 672(3) also include the CEO’s duties as the Offshore Infrastructure Regulator under the OEI Act.

 

30.               Subsections 672(3) to (5) empower the responsible Commonwealth Minister (administering the OPGGS Act) to terminate the appointment of the CEO of NOPSEMA in certain circumstances where there is a conflict of interest. The ‘responsible Commonwealth Minister’, as defined, is the Minister responsible for the administration of the OPGGS Act.   

 

31.               This is to ensure the independent administration of the regulatory regimes overseen by the CEO.

Item 7: Before section 678

32.               This item adds new section 677A into the OPGGS Act. It provides for the manner in which the corporate plan should be treated.

It specifies that the corporate plan must deal separately with the activities of the Offshore Infrastructure Regulator.

 

33.               The corporate plan referred to is that prepared by the CEO under section 35 of the Public Governance, Performance and Accountability Act 2013 .  

 

34.               The provision also specifies that the corporate plan must consist of two parts:

·          paragraph 677A(a) refers to a part that relates to the activities of NOPSEMA in its capacity as the Offshore Infrastructure Regulator;

·          paragraph 677A(b) refers to a part that relates to all other activities of NOPSEMA.

Item 8:  Subsection 678(1)

35.               This item adds subsection 678(1). It omits the reference to the ‘corporate plan prepared by the CEO under section 35 of the Public Governance, Performance and Accountability Act 2013 ’ and substitutes this to refer to ‘part of the corporate plan referred to in paragraph 677A(b)’.  

 

36.               The intention is to clarify that this refers to the part of the corporate plan which addresses all activities of NOPSEMA other than those which are under the responsibility of the Offshore Infrastructure Regulator.

Item 9: Subsections 678(1A) and (2)

37.               This item omits the word ‘the corporate plan’ and substitutes ‘that part of the corporate plan’ from each of these subsections. As the corporate plan is divided into two parts (separately identifying the activities of the Offshore Infrastructure Regulator from other NOPSEMA activities), the purpose of this provision is to clarify the part of the corporate plan which is to apply under the OPGGS Act. 

Item 10: Subsection 678(3)

38.               This item adds subsection 678(3) to add the words ‘does not apply to’ and inserts ‘any part of’. The purpose again is to clarify which part of the corporate plan applies in relation to the operation of OPGGS activities in contrast to activities of the Offshore Infrastructure Regulator.

Item 11: Paragraphs 679(1)(a) and (b)

39.               This item repeals the existing paragraphs 679(1)(a) and (b) and substitutes new paragraphs (a), (b) (c) and (d).   

 

40.               These paragraphs provide for the following:

·          that a copy of the corporate plan specified above be provided to each State and Northern Territory Petroleum Minister; 

·          consultation with those Ministers on the content;

·          that a copy of the part of the plan be provided to the OEI Minister; and

·          consultation with the OEI Minister on the content of that part.

Item 12: Subsection 679(3)

 

41.               This item amends subsection 679(3) which addresses the responsible Minister’s response to the corporate plan. Subsection 679(3) provides for those matters to be included in the plan. The amendment to this subsection now omits all the words after ‘safety matters’, and substitutes further clarification.    

 

42.               The matters now included relate to particular offshore petroleum or offshore greenhouse gas storage operations or particular offshore infrastructure activities (within the meaning of the Offshore Electricity Infrastructure Act 2021 ). The intention is to provide further qualification regarding the specific offshore infrastructure activities.

 

Item 13: At the end of section 679

 

43.               This item adds subsection 679(8) to provide that the responsible Commonwealth Minister must not approve, or direct the variation of, the part of a corporate plan mentioned in paragraph 677A(a) without the approval of the OEI Minister.

Item 14: At the end of section 683 

44.               This item adds new subsection 683(3) into the OPGGS Act, which provides that subsection 683(1) does not apply to money to which section 187 of the OEI Act applies.

45.               The effect of subsection 683(3) is to limit the application of subsection 683(1). Subsection 683(1) of the OPGGS Act restricts the application of the money of NOPSEMA to:

·          payment or discharge of the costs, expenses and other obligations incurred by NOPSEMA in the performance of its functions and the exercise of its powers; and

·          payment of any remuneration or allowances payable under the OPGGS Act.

 

46.               The intention of this provision is to make clear that money collected by NOPSEMA under the OPGGS Act (i.e. the appropriated money and regulatory levies and fees collected) for the purposes of the performance of its regulatory functions under that Act, cannot be applied or allocated to the costs and expenses incurred for the purposes of its regulatory functions and staff etc. under the OEI Act.

 

47.               At the end of subsection 683 there is an explanatory note which directs the reader to proposed section 187 of the OEI Act. This is an equivalent provision to section 683. Section 187 of the OEI Act limits application of NOPSEMA funds to the OEI Act. It provides that where money is paid by the Commonwealth to NOPSEMA in its capacity as the Offshore Infrastructure Regulator, that money can only be applied for the purposes specified by the OEI Act.

 

 

Item 15: Before subsection 690(1) (before the heading) 

 

48.               This item inserts new subsection 690(1A) which addresses the annual report that is prepared by the CEO for the purposes of section 46 of the Public Governance, Performance and Accountability Act 2013 . It provides that the annual report must consist of two parts as follows:

·          a part that relates to the activities of NOPSEMA in its capacity as the Offshore Infrastructure Regulator;

·          a part that relates to all other activities of NOPSEMA.

Item 16: After subsection 690(2)

49.               This item inserts new subsections 690(2A) and (2B) which addresses the annual report that is prepared by the CEO for the purposes of section 46 of the Public Governance, Performance and Accountability Act 2013. The intention is to provide for the inclusion of the Offshore Infrastructure Regulator in the reporting process.

 

50.               Under section 46 of the Public Governance, Performance and Accountability Act 2013, the CEO, as the accountable authority of NOPSEMA under subsection 666(3) of the OPGGS Act, is required to prepare an annual report and provide this to the Minister.

 

51.               New subsection 690(2A) provides that subsections 690(1) and (2) do not apply to the part of the report mentioned in paragraph (1A)(a). 

 

52.               New subsection (2B) addresses the role of the Offshore Infrastructure Regulator. It provides that the annual report mentioned in paragraph (1A)(a) must be given by the CEO to the Minister and the OEI Minister.

Item 17: At the end of section 695

53.               This item inserts new subsection 695(9). Section 695 addresses review requirements by the Minister concerning the activities of NOPSEMA in relation to NOPSEMA waters for the purposes of the OPGGS Act.

 

54.               New subsection 695(9) provides that section 695 does not apply in relation to any activities of NOPSEMA in its capacity as the Offshore Infrastructure Regulator.

 

55.               The intention is to ensure that activities of NOPSEMA in its capacity as the Offshore Infrastructure Regulator are excluded from the operational review of NOPSEMA for the purposes of the OPGGS Act. These activities fall under the OEI Act. 

 

56.               This aligns with the position of NOPTA in relation to its capacity as the Offshore Infrastructure Registrar where these activities have been excluded from the operational reviews of NOPTA under the OPGGS Act.

 

Item 18: Subsection 695A(1) (note)

 

57.               As a consequence of the insertion of new note 2 to subsection 695A(1) (see below), this item will renumber the existing note to subsection 695A(1) as ‘Note 1’.

Item 19: At the end of subsection 695A(1) (after the note)

58.               This item will insert new note 2 to subsection 695A(1) (after the existing note). The new note directs the reader to section 135 of the OEI Act, which provides that NOPTA may be appointed as the Offshore Infrastructure Registrar.

Item 20: At the end of section 695N

59.               This item adds new subsection (3) to section 695N of the OPGGS Act. Section 695N outlines the requirement for Annual Reports provided by the Titles Administrator.  

 

60.               The addition of new subsection (3) clarifies that if the Titles Administrator is appointed as the Offshore Infrastructure Registrar, then this section does not apply in relation to any activities of the Titles Administrator in that capacity.   

 

61.               The note to the subsection directs the reader to section 153 of the OEI Act, which establishes that there is to be an Offshore Infrastructure Registrar and that NOPTA may be appointed as the Offshore Infrastructure Registrar.

Item 21: At the end of section 695P

62.               This item adds new subsection (9) to section 695P of the OPGGS Act. Section 695P provides for the responsible Commonwealth Minister to conduct reviews of the activities of the Titles Administrator including assessments of the effectiveness of the Titles Administrator in contributing to the efficiency of decision-making by a Joint Authority for a State or the Northern Territory.

 

63.               Subsection (9) clarifies that if NOPTA is appointed as the Offshore Infrastructure Registrar, then this section does not apply in relation to any activities of the Titles Administrator in that capacity.

 

64.               The note to the subsection directs the reader to section 153 of the OEI Act, which establishes that there is to be an Offshore Infrastructure Registrar and that NOPTA may be appointed as the Offshore Infrastructure Registrar.

 

 

Part 2—Amendments of other legislation

 

Coral Sea Islands Act 1969

Item 22: Subsection 8(3)

65.               This item amends subsection 8(3) of the CSI Act. Section 8 of that Act addresses the issue of courts having jurisdiction in the Coral Sea Islands Territory. Subsection 8(3) currently exempts the OPGGS Act from the operation of that section. The amendment to subsection 8(3) adds the OEI Act to the exemption of that section.

 

Environment Protection and Biodiversity Conservation Act 1999

Item 23: After paragraph 524(3)(h)

66.               Section 524 of the EPBC Act defines things that are not regarded as ‘actions’ for the purposes of the EPBC Act. An action , as defined by section 523 of the EPBC Act, includes a project, development, an undertaking, activity or series of activities, and an alteration of any of the aforementioned things.

 

67.               Section 524 applies to a decision made by a government body and makes clear that a decision by the Commonwealth or agency to grant a governmental authorisation under the listed Acts is not an action.  

 

68.               This item inserts new paragraph 524(3)(i) into the EPBC Act after paragraph 524(3)(h) to include the OEI Act. The effect of this amendment is to make clear that a governmental authorisation (however described) granted by decision of the Commonwealth or a Commonwealth agency under the OEI Act is not an action for the purposes of the EPBC Act.

 

Sea Installations Act 1987

Item 24: Subsection 4(1) (at the end of paragraphs (a), (d), (e), (f), (g), (h), (j), (k), (m), (n), (p) and (qa) of the definition of sea installation )

69.               The definition of sea installation in subsection 4(1) of the SIA provides for specific exclusions to clarify where certain objects are not included as a ‘sea installation’ for the purposes of that Act.  

 

70.               This item provides for the addition further exceptions to the definition by adding the conjunction of ‘or’ at the end of each paragraph as a consequence of the amendment made by item 15 (see below).

Item 25: Subsection 4(1) (after paragraph (qa) of the definition of sea installation )

71.               As provided above, this item inserts new paragraphs (qb) and (qc) into the class of items which are excluded from the definition of a sea installation . 

 

72.               These new paragraphs exclude both offshore renewable energy infrastructure (OREI) and offshore electricity transmission infrastructure (OEI) as, defined in the Offshore Electricity Infrastructure Act 2021 , from the definition of sea installation in the SIA. The intention is to ensure that such infrastructure is not to be regarded as a sea installation for the purposes of the SIA Act, which would have consequential flow on effects in related legislation which adopts that definition.

 

Telecommunications Act 1997

Item 26: After paragraph 47(2)(f) of Schedule 3A 

73.               Paragraph 47 of Schedule 3A of the TA requires the ACMA to notify relevant authorities in the event of a declaration or variation (or related activity) associated with a protection zone . This notification must be given to relevant specified authorities as described under subsection 47(2) of Schedule 3A to the TA.

 

74.               This item inserts paragraph (fa) after paragraph 47(2)(f) to include the Offshore Infrastructure Registrar to ensure that the Offshore Infrastructure Registrar is appropriately notified of these specified events.