Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsection (3), the Minister may, by legislative instrument, declare a specified area in the Commonwealth offshore area for the purposes of this Act.
(2) An area declared under subsection (1) is a declared area for the purposes of this Act.
(3) The Minister may declare an area only if:
(a) a notice proposing to declare the area has been published under section 18; and
(b) the day specified in the notice under paragraph 18(d) as the day by which submissions may be made has passed; and
(c) the Minister has consulted:
(i) the Defence Minister; and
(ii) the Minister administering section 1 of the Navigation Act 2012 ; and
(d) the Minister is satisfied that the area is suitable for offshore renewable energy infrastructure.
(4) A declared area:
(a) need not be continuous; and
(b) may be all of, or part of, the area specified in the notice under paragraph 18(a).
(5) A declaration must set out the following:
(a) the declared area;
(b) any conditions under section 20 that the declaration is subject to.
(6) Subsection 33(3) of the Acts Interpretation Act 1901 does not apply in relation to a declaration.
Note: For revocation of a declaration, see section 26 of this Act. For variation of a declaration, see sections 22 to 25 of this Act.