The Australian Department of Climate Change, Energy, the
Environment and Water (DCCEEW) announced yesterday that it is
seeking public feedback on the possible effects of renewable energy
projects off the NSW Hunter coast. This announcement follows last
year’s declaration of part of Bass Strait off Victoria’s
Gippsland coast as Australia’s first offshore renewable energy
infrastructure zone.

Snapshot

• On 23 February 2023, the Commonwealth Minister for Climate
  Change and Energy (Minister) proposed an area in
  Australian Commonwealth waters in the Pacific Ocean off the NSW
  Hunter coast for renewable energy projects, such as offshore
  wind.




• Public submissions are invited on the proposal. We anticipate
  those submissions will cover a variety of issues from the need to
  fast track the viability of offshore wind to visual amenity and
  tourism to the marine environment and competing uses such as
  shipping channels and oil and gas.




• Submissions are to be made via DCCEEW’s Consultation Hub and must be received by
  Friday 28 April 2023 in order to be
  considered.




• If declared, this offshore wind area will be Australia’s
  second declared area. Projects are already progressing in the area
  off the Gippsland coast with applications for feasibility licences
  currently open.

Offshore renewable energy infrastructure area proposal: Pacific
Ocean off NSW Hunter coast

The offshore renewable energy regime in Commonwealth waters is
government by the Offshore Electricity Infrastructure Act
2021 (Cth) (Act) and regulations. Before
projects can proceed to obtain licences under the Act, the Minister
must first declare an area in which renewable energy infrastructure
may operate. Public consultation prior to the declaration is an
important preliminary step.

The Minister’s notice of proposal published 23 February 2023
(Proposal) shows an area stretching from Norah
Head in the south, past Newcastle and up to Port Stephens in the
north.

The Overview of the Proposed Area states that:

• The Hunter region is well suited for potential projects,
  particularly offshore wind, because:
  

  • it has strong, consistent wind;

  
  

  • it is close to areas of high electricity demand and existing
    connections to the grid;

  
  

  • industry is very interested in developing projects in the
    area;

  
  

  • Coal-fired power stations in the Hunter including Lidell,
    Eraring and Bayswater are planning to shut down in future years;
    and

  
  

  • the area is within the NSW Government’s proposed
    Hunter-Central Coast Renewable Energy Zone
    (REZ).




• The area begins at least 5.4 nm (approx. 10 kms) from
  shore.




• DCCEEW expects to receive submissions regarding visual
  amenity.

Submissions on the proposed Hunter area

DCCEEW is seeking feedback in relation to how the Proposal may
impact other interest holders in the proposed area, such as marine
users. The Minister will consider all submissions which will inform
the Minister’s decision on whether the proposed area is
suitable for offshore renewable energy projects. After considering
these submissions, the Minister may decide to remove parts of the
proposed area or place conditions on all or part of the area before
making a final declaration.

In the case of the first area declared off Gippsland, the area
finally declared was significantly reduced in geographical extent
compared with the area originally set out for public
consultation.

Submissions on the Hunter area are to be made via DCCEEW’s
Consultation Hub and must be received by
Friday 28 April 2023 in order to be
considered.

Further information

The full Proposal and an indicative map of the proposed area can
be seen here.

To understand the Act and the full life-cycle of offshore
electricity infrastructure in more detail, see our previous blog here.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.