Approvals

In order for the Eastern Rise Offshore Wind Project to be developed and operate, there are a number of approvals that are required to be obtained. 

The Project spans Commonwealth and State waters and land and as such will require approvals under each jurisdiction. The Eastern Offshore Wind Project is working closely with Commonwealth and State departments and local Councils to undertake the relevant impact assessments and obtain these approvals.  

 

Offshore Electricity Infrastructure Act 2021 – Commonwealth  

The Offshore Electricity Infrastructure Act 2021 is the overarching offshore wind development regime in Australia. The Act came into effect on 2 June 2022 and provides a licensing framework to enable the construction, operation and decommissioning of offshore renewable energy projects in Commonwealth waters.  

Under the framework, the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) is the Offshore Infrastructure Regulator. They have responsibility for overseeing work health and safety, environmental management, infrastructure integrity and financial security for offshore infrastructure activities.  

The Eastern Rise Offshore Wind Project is intending to apply for a Feasibility Licence under this regime, which would allow feasibility studies to commence.  

  

Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) - Commonwealth 

The EPBC Act is the Australian Government's key piece of environmental legislation. The Act is administered by the Department of Climate Change, Energy, the Environment and Water (DCCEEW). 

It applies to Commonwealth waters and provides for 9 matters of national environmental significance (MNES). Commonwealth waters are any waters beyond State Waters, between 3 nautical miles and 200 nautical miles from the low water mark of the coastline. The EPBC Act protects certain nationally significant (protected) animals, plants, habitats or places, which are known as ‘protected matters’ or ‘matters of National Environmental Significance’ 

All projects that have potential to impacts on matters of National Environmental Significance (MNES) must be referred under this Act. The Eastern Rise Offshore Wind Project will submit a referral under the EPBC Act for the Project in Q2 2023 .  

The Minister for the Environment will then make one of four decisions about the Project:  

  1. That it is not a controlled action and does not need further approval 

  2. That is not a controlled action if it is undertaken in a particular manner 

  3. That is a controlled action and needs a full assessment 

  4. That it is clearly unacceptable and cannot go ahead 

Environmental Planning and Assessment Act 1979 – New South Wales 

The Environmental Planning and Assessment Act 1979 applies to State waters and land. The Act provides for the assessment of proposed projects that are capable of having a significant effect on the environment and is the most comprehensive form of assessment in NSW. 

The State Environmental Planning Policies (SEPPs), Regional Environmental Plans (REPs) and Local Environmental Plans (LEPs) and Development Control Plan typically also apply to State waters and land.