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OFFSHORE ELECTRICITY INFRASTRUCTURE ACT 2021 - SECT 26

Revoking a declaration

  (1)   Subject to subsection   (2), the Minister may, by legislative instrument, revoke a declaration.

Note:   Any licence in force in respect of a licence area in the declared area remains in force. However, the end day of such a licence may not be extended, and no further licences may be granted in respect of the declared area (including a commercial licence in relation to a feasibility licence already in force).

  (2)   The Minister may revoke a declaration under subsection   (1) only if:

  (a)   a notice proposing to revoke the declaration has been published under section   27; and

  (b)   the day specified in the notice under paragraph   27(1)(d) as the day by which submissions may be made has passed; and

  (c)   one or more of the following applies:

  (i)   the Minister becomes aware of circumstances which the Minister considers justify the revocation;

  (ii)   the Minister is satisfied that the declared area is no longer suitable for offshore renewable energy infrastructure, and could not be made suitable by a variation under section   23;

  (iii)   the Minister is satisfied that circumstances specified in the declaration under subsection   20(6) apply.

  (3)   In deciding whether to revoke a declaration under subsection   (1), the Minister:

  (a)   must have regard to any submissions received in accordance with the notice under section   27; and

  (b)   must have regard to Australia's international obligations in relation to the declared area; and

  (ba)   must have regard to Australia's greenhouse gas emissions reduction targets; and

  (c)   may have regard to any other matters that the Minister considers relevant.



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