Description of Conduct

The Department of Climate Change, Energy, the Environment and Water (DCCEEW) seeks authorisation for the relevant parties (described below) to communicate, and to propose, enter into and give effect to agreements for the purpose of removing overlaps in their feasibility licence applications in respect of declared offshore renewable energy generation areas. Further detail in relation to the proposed conduct is provided in Part 3 of DCCEEW’s application, under the Applications heading below.

DCCEEW seeks authorisation on behalf of itself, the Offshore Infrastructure Registrar and certain businesses who have applied for feasibility licences in declared offshore wind generation areas (together, the Parties).

Authorisation is sought for 3 years until 15 March 2027, being the expected time to complete feasibility licence application processes for any future declared areas.

This application relates to the granting of feasibility licences in declared offshore wind generation areas under the Offshore Electricity Infrastructure Act 2021 (the OEI Act) and the Offshore Electricity Infrastructure Regulations 2022 (the OEI Regulations). Where the licence area proposed in one feasibility licence application overlaps with the proposed licence area in another feasibility licence application, the OEI Regulations set out a process for those businesses to share information and resolve overlaps by revising and resubmitting their applications. Applications for feasibility licences ‘overlap’ if they cover wholly or partly the same area.

Authorisation is not sought for any meetings, collaboration, information exchange, or other discussions or agreements between the Parties that goes beyond the intention of the overlap resolution provisions described in sections 11 to 13 of the OEI Regulations, and the Registrar’s invitation to revise and submit applications under section 12 of the OEI Regulations. 

On 20 March 2024, the ACCC granted interim authorisation to the Parties to communicate, and to propose, enter into and give effect to agreements for the purpose of removing overlaps in their feasibility licence applications for the Gippsland and Hunter declared areas.  A copy of the ACCC’s interim authorisation decision is available under the Decisions heading below.

On 4 July 2024, the ACCC issued a draft determination proposing to grant authorisation until 15 March 2027.

The ACCC invites submissions from interested parties on the draft determination by Friday, 19 July 2024. If you wish to make a submission in relation to this matter, please lodge it via this web form.

An indicative timeline for the ACCC’s assessment is set out below.

Indicative date

Stage in assessment process

15 March 2024

Lodgement of application and supporting submission.

20 March 2024

ACCC decision regarding interim authorisation.

20 March 2024

Public consultation process begins.

12 April 2024

Closing date for submissions from interested parties.

April 2024

Applicant responds to issues raised in the public consultation process.

4 July 2024

Draft determination.

19 July 2024

Public consultation closes on draft determination.

August 2024

Final determination.

Applicant(s)

  • Department of Climate Change, Energy, the Environment and Water

Authorisation number(s)

  • AA1000662-1