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10 May 2024
The Offshore Renewable Energy Team
Department of Climate Change, Energy, the Environment and Water
PO Box 3090
Canberra ACT 2601
Dear Sir/Madam,
Offshore Electricity Infrastructure Amendment Regulation 2024
- Regulations under has recently been declared. As the HOREA extends from Port Stephens in the north to Norah Head in the south, Central Coast Council and its community have an interest in this Regulation.
Council understands that offshore renewable energy will provide opportunities to drive economic growth, support and create jobs, provide clean and affordable power and help reach net zero by 2020.
However, it is essential that any assessment of proposed offshore electricity infrastructure carefully considers not only the benefits but also any impacts when determining the suitability of the infrastructure in the proposed location.
Comments on the proposed Offshore Electricity Infrastructure Amendment Regulation are provided submission is provided as a staff submission. That is, the submission has not been considered by
Council.
Information to be submitted (Section 47)
This section requires that the initial plan approval application must be made in the manner and form that is approved by the Regulator and must be accompanied by the plan and other information or documents required by the form.
From the information contained within the Regulations, it is not clear what other information or documents are required to be submitted. It is considered that studies on the environmental, economic, visual and social impacts (that address positive and negative impacts), must be included in any application. These studies/reports must address any impacts on recreation terrestrial and marine environments, marine and avian species (including migratory species), marine users, emergency services and communications, and neighbouring communities. Land based impacts must also be assessed.
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Review Period (Section 52A)
Where it is found that there are regular or serious non-conformances with the management plan and/or impacts that have not been adequately addressed within the management plan, then the regulator should have authority to direct an immediate and/or more frequent revision of the management plan. In these instances, a 5 year review period is not appropriate.
Consultation (Section 57)
Whilst there is a requirement to consult with communities that are located adjacent to the licence area considering that that community may be affected by the activities subject to the consultation.
It is recommended that part (ii) of clause 57(1)(e) be removed to remove any ambiguity, thereby ensuring that communities adjacent to or in close proximity of the licence area are consulted, rather than leaving it to the licence holder to determine whether the community will be impacted. It is also
are clearly defined. Additionally, consultation requirements must be considered in context of any land based activities, in addition to the offshore proposal.
State and Commonwealth Departments are identified in 59(1)(a), however, local government authorities should also be expressly identified as a group that needs to be consulted. Consultation with Department of Defence and emergency services should also be specified.
Manner of Consultation (Section 58 and Section 75)
It is recommended that a consultation r website at the conclusion of each stage of consultation. Council supports the requirement for the consultation report to include details on how the application has responded to the themes of issues raised. It is important, where claims made are not considered to have merit, that the report provide clear justification on why the claim is not relevant.
Management Plans (Section 71 and 77)
It is recommended that there be a requirement for regular monitoring to be undertaken and reported and monitoring and reporting/publishing must be expressly stated as a requirement within the regulations. Monitoring must be undertaken periodically during construction, operational and decommissioning phases.
Whilst access to a summary report will be beneficial, the complete management plan must also be publicly accessible for full transparency.
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Plan must describe activities and operations (Section 74)
Whilst this section states that the plan must describe the environment, including the physical environment, no requirement is specified that they must address any recreational reserves or marine and avian species, including migration patterns. This needs to be clearly specified.
Plan must describe stakeholder engagement (Section 76)
As per comments under section 57, local government authorities, Department of Defence and emergency services should also be specified as groups that must be consulted.
Plan must include description of management system (Section 77)
This section appears to focus on management systems. There appears to be no requirement to confirm the suitability of the site for the proposal based on the studies submitted with the application.
Plan must require notification of certain events and other matters (Section 78)
It is understood that notifications under this section will be published and therefore be publicly available. This is supported.
Financial Security (Part 4)
It is essential that sufficient financial security is retained for any remediation works required in association with an environmental incident.
Safety Zones and Protection Zones (Part 5 and 6)
The safety and protection zones appear to relate to a horizontal distance only. Will there be any vertical application of the safety zones and protection zones that may impact defence and/or emergency aircraft movements? Will there be any allowable exceptions to the zones (whether vertical or horizontal) e.g. emergency vessels and aircraft. Additionally, how will these zones be communicated to all users.
Record Keeping (Part 8)
As discussed under management plans above, it is recommended that regular monitoring be undertaken and rep
Local Content
Council encourages proponents to maximise the use of local supply chains to support local employment and economies. It is recommended that proponents be required to include within their stakeholder engagement and procurement policy a focus on local supply chains.
Wyong Administration Building: 2 Hely St / PO Box 20 Wyong NSW 2259
P 02 4306 7900 l W centralcoast.nsw.gov.au l ABN 73 149 644 003
Title
General
As no studies are required to be completed prior to determining the declaration area, it is essential that all relevant studies are prepared and all impacts (positive and negative) are adequately assessed.
This must include impacts on recreation and marine and avian species (including migratory species).
Where it is found that a proposal will have an unacceptable impact, then the suitability of the proposal in that location must be carefully considered.
Upon reviewing section 34 of the Act, the merit criteria does not specifically include consideration to environmental impacts, including impacts on recreation, and marine and avian species. Environmental impacts must be included as a specified criteria to inform any decision to grant a feasibility licence.
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Yours sincerely,
[redacted]
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