The Minister may declare an area in the Commonwealth offshore area if the Minister is satisfied that the area is suitable for offshore renewable energy infrastructure.

A declaration may allow feasibility licences, commercial licences and research and demonstration licences to be granted in respect of licence areas in the declared area (transmission and infrastructure licences are not limited to declared areas). The declaration can limit the kinds of licences that may be granted, and require conditions to be imposed on them.

The Part also provides for the variation and revocation of declarations, and consultation requirements that must be satisfied before a declaration is made, varied or revoked.