Department of Climate Change, Energy, the Environment and Water

On 15 March 2024 the Department of Climate Change, Energy, the Environment and Water (DCCEEW) applied for authorisation on behalf of itself, the Offshore Infrastructure Registrar and certain renewable energy businesses (together, the Parties), to communicate, and to propose, enter into and give effect to agreements for the purpose of removing overlaps in feasibility licence applications in respect of areas declared suitable for offshore renewable energy infrastructure.

The 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.

DCCEEW sought authorisation for 3 years until 15 March 2027, being the expected time to complete feasibility licence application processes for any future declared offshore renewable energy generation areas.

Authorisation was 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

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

On 28 August 2024, the ACCC issued a final determination granting authorisation until 15 March 2027.

The ACCC’s final determination, draft determination and interim authorisation, as well as a copy of the application for authorisation, are available below.