(1) For the purposes of this Act, offshore renewable energy infrastructure means 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.
(2) The following are also offshore renewable energy infrastructure :
(a) any infrastructure, structure or installation that would be offshore renewable energy infrastructure except that it is being constructed, installed or decommissioned;
(b) any infrastructure, structure or installation that would be offshore renewable energy infrastructure except that it has temporarily or accidentally ceased to be fixed or tethered infrastructure.
Exclusions
(3) Despite subsections (1) and (2), the following are not offshore renewable energy infrastructure :
(a) an infrastructure facility within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 ;
(b) a facility within the meaning of Schedule 3 to that Act;
(c) fixed or tethered infrastructure for the purpose of exploring for minerals (within the meaning of the Offshore Minerals Act 1994 ) or recovery of minerals (within the meaning of that Act);
(d) a cable:
(i) that is laid on or beneath the seabed that lies beneath the Commonwealth offshore area; and
(ii) that is not connected to any place in Australia; and
(iii) that is not connected to anything else in, or inside the inner limits of, the Commonwealth offshore area;
(e) any infrastructure, structure or installation of a kind prescribed by the regulations for the purposes of this paragraph.
Note: See also section 309 (pre - existing infrastructure).