How to apply

A licence cannot be granted until an approved statement of environmental objectives (SEO) and an environmental impact assessment (EIR) report in respect of the proposed operations are in force.

All applicants must meet requirements of the Hydrogen and Renewable Energy Act 2023 and associated regulations. Some specifics are set out below but do not replace the Act.

Protected areas

Some areas of the state are protected from renewable energy activities under the National Parks and Wildlife Act 1972.

Foreign applications

An application may be made by an individual or a company or a combination of companies. A foreign company who applies for and is granted a licence under the Hydrogen and Renewable Energy Act 2023 may be subject to the requirements of the Corporations Act 2001. More information on the Australian Securities and Investments Commission (ASIC) website.

Confidentiality

All applications are regarded as confidential, however certain information of an application (other than details of the financial and technical abilities of the applicant or any interpretive data) may be made public.

Renewable energy feasibility licenses

Renewable energy feasibility licenses (REFL) over designated land can only be granted following the competitive release area process. Assessors will consider which is the most effective proposed work program with the required satisfactory financial and technical capabilities.

Act requirements

The following excerpts from the Hydrogen and Renewable Energy Regulations 2024 set out the specific requirements that must be addressed in any application for a renewable energy feasibility permit or other license made under the Hydrogen and Renewable Energy Act 2023 . Refer to the Act for the full list of requirement.

Regulation 5 – Application for permit – prescribed information

(a)

the full name, business address and telephone number of the applicant;

(b)

the name and telephone number of a person who can be contacted about the application;

(c)

if the application is being made by more than 1 person—information

regarding the interest that each person will have in the permit (which may be expressed as a percentage);

(d)

a description of the activities proposed to be undertaken under the permit including a map showing the location at which each activity is proposed to be undertaken;

(e)

a statement outlining the technical, operational and financial capabilities

available to the applicant for the purposes of undertaking activities under the permit;

(f)

how data obtained from undertaking the proposed feasibility activity

(including from the use of equipment used in undertaking a feasibility

activity) will be captured, stored, analysed, progressed, actioned and reported;

(g)

the manner in which the holder of the permit will undertake construction and placement of equipment intended to be used for undertaking the proposed feasibility activity;

(h)

if the applicant has, or will acquire, a right or interest in respect of land

comprising the proposed permit area sufficient to undertake the feasibility activity to be authorised under the permit—such evidence as required by the Minister that the applicant has, or will acquire, that right;

(i)

if any part of the proposed permit area comprises native title land that is the subject of a native title declaration or is within the area of a claim that is registered in a native title register—a statement outlining any native title agreement that is in place, or the manner in which the applicant proposes to negotiate such an agreement;

(j)

a statement outlining any contravention by the applicant of a provision of a designated Act in connection with activities undertaken by them within the preceding period of 5 years that resulted in –

(i) the revocation or suspension of an authority to undertake an activity; or

(ii) a prosecution for an offence; or

(iii) the imposition of a penalty by a court; or

(iv)  the issuing of a notice, direction or order that required the suspension or discontinuance of any activity or the rectification of any harm to the environment or the rehabilitation of any land, place or other aspect of the environment;

(k)

such other information as required by the Minister and notified to the

applicant.

Notes:

1

Applications should be addressed to:

Minister for Energy and Mining

C/- The Executive Director

Regulation and Compliance Division

Department for Energy and Mining

GPO Box 320

ADELAIDE SA 5001

Email: DEM.ERDLicensing@sa.gov.au

2

All coordinate descriptions are to be expressed in degrees of longitude and latitude, GDA 2020.

3

If the proposed licence is for an electricity plant with a generating capacity of more than five MW that will be connected to the state’s power system, an energy generation compliance certificate from the Technical Regulator will be required.

Section 31 – Application for a licence – Hydrogen and Renewable Energy Act 2023

An application for a licence under the Act must be addressed to the Minister1, signed or executed by the applicant and:

(a)

Must be made in a manner and form determined by the Minister; and

(b)

Must identify the area or areas in respect of which the license is being sought in a manner determined by the Minister; and

(c)

Must be accompanied by a proposed work program; and

(d)

Must be accompanied by such other information as may be prescribed by the regulations; and

(e)

Must be accompanied by the prescribed fee

Regulation 18 – Application for a licence - prescribed information

(a)

the full name and address of the applicant;

(b)

if the application is being made by more than 1 person—information regarding the interest each person will have in the license (which may be expressed as a percentage);

(c)

the name and address and telephone number of a person who can be contacted about the application;

(d)

a description of the area to which the application relates, using coordinates in a form determined or approved by the Minister and, if available, cadastral boundaries2;

(e)

a map indicating the area of land to which the application relates that identifies any significant topographical, environmental and cultural features of the land;

(f)

the size of the area to which the application relates expressed in kilometres or square kilometres (as appropriate);

(g)

if the applicant is a body corporate—a copy of the body corporate's most recent audited financial statements;

(h)

information that demonstrates the expected financial position of the applicant over the proposed term of the licence (or a shorter term determined by the Minister);

(i)

the necessary technical qualifications and experience that will enable the applicant to undertake authorised operations;

(j)

the necessary operational capabilities and resources that will enable the applicant to undertake authorised operations;

(k)

if the proposed licence will authorise exploiting a renewable energy resource through an electricity generating plant that is to be connected to the State's power system—a certificate from the Technical Regulator certifying that the electricity generation complies with the requirements of the Technical Regulator in relation to the security and stability of the State's power system3;

(l)

if the applicant seeks to apply for an associated infrastructure license that confers a right to enter and use land in the proposed license area—that fact;

(m)

if the applicant has, or will acquire, a right or interest in respect of land comprising the proposed license area sufficient to undertake the proposed authorised operations—such evidence as required by the Minister that the applicant has, or will acquire, that right;

(n)

in the case of an application for a hydrogen generation license, renewable energy feasibility licence, renewable energy infrastructure licence or an associated infrastructure licence that will confer a right to enter and use designated land, if any part of the proposed licence area comprises native title land—

(i) if a native title agreement is in place—that fact; or

(ii) in any other case—a statement outlining the manner in which the applicant will negotiate a native title agreement in respect of the land;

(o)

a statement outlining any contravention by the applicant of a provision of a designated Act in connection with activities undertaken by them within the preceding period of 5 years that resulted in –

(i) the revocation or suspension of an authority to undertake an activity; or

(ii) a prosecution for an offence; or

(iii) the imposition of a penalty by a court; or

the issuing of a notice, direction or order that required the suspension or discontinuance of any activity or the rectification of any harm to the environment or the rehabilitation of any land, place or other aspect of the environment;

Notes:

1

Applications should be addressed to:

Minister for Energy and Mining

C/- The Executive Director

Regulation and Compliance Division

Department for Energy and Mining

GPO Box 320

ADELAIDE SA 5001

Email: DEM.ERDLicensing@sa.gov.au

2

All coordinate descriptions are to be expressed in degrees of longitude and latitude, GDA 2020.

3

If the proposed licence is for an electricity plant with a generating capacity of more than five MW that will be connected to the state’s power system, an energy generation compliance certificate from the Technical Regulator will be required.

Work program

Licence applications must include a work program. A work program details the nature, extent and scheduling of the proposed authorised operations under the license. Also:

For a renewable energy feasibility licence

  • How exploration data will be captured, stored, analysed, progressed, actioned and reported.
  • How and where construction will be undertaken.
  • Exploration equipment.

For a hydrogen generation licence, a renewable energy infrastructure licence or a special enterprise licence

  • An economic analysis of the proposed operations, including financial projections and available financial resources.
  • An assessment of the expected net economic and social benefit to the state as a result of the proposed operations, including:
  • initiatives that will support the state energy system’s short and long term security and stability, and
  • how the operations will create and maintain jobs, skills and training opportunities for young people, apprentices, Aboriginal and Torres Strait Islander Peoples, and people with a disability.

Renewals

Before a renewal is granted the applicant must:

  • provide a performance statement for the previous term.
  • outline the reasons for the renewal, including the next term’s proposed activities and estimated expenditure.
  • demonstrate the necessary technical, operational and financial capabilities and resources to carry out the operations.
  • disclose certain legal contraventions in the previous five years, including in relation to regulated activities under the HRE Act.

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