Types of licences

There are six types of licence and one permit under the HRE Act:

Renewable energy feasibility permit (on non-designated land) (REFP)

Authorises the construction and operation of infrastructure necessary to assess the feasibility of renewable energy projects, such as building meteorological masts.

This permit only applies to areas of land that are not considered 'designated land 1' within the HRE Act (generally this means freehold land).

A REFP can be issued for up to five years and renewed by application to the Minister.

Feasibility activities on non-designated land may only be undertaken where the permit holder has a right of interest in the land sufficient to carry out those activities. This will usually require the consent and approval of landowners.

Before issuing a REFP, the Minister must be satisfied that the applicant has the necessary technical qualifications, experience, operational capabilities and resources – as well as the financial capacity – to complete the proposed activities.

To renew a permit, the applicant must detail their performance under the previous permit. They must give reasons for renewing the permit, including outlining proposed feasibility activities that the applicant intends to undertake during the renewal term and estimated expenditure.

The applicant will also need to provide information regarding their financial position over the proposed renewal term and disclosure of certain legal contraventions (if any) in the previous five years.

Based on the information provided, the applicant will need to satisfy the Minister that they have the necessary technical, operational and financial capabilities and resources to undertake the feasibility activities authorised under the renewed permit (and that they have not committed certain legal contraventions within the previous five years).

1Designated land means –

  1. pastoral land; or
  2. Crown land, or an area of Crown land, of a kind prescribed by the regulations for the purposes of this definition; or South Australian waters

Designated land does not include:

  1. The Arkaroola Protection Area within the meaning of the Arkaroola Protection Act 2012;
  2. A restricted access zone or a sanctuary zone both within the meaning of the Marine Parks Act 2007;
  3. A reserve within the meaning of the National parks and Wildlife Act 1972; or
  4. A wilderness protection area or a wilderness protection zone both within the meaning of the Wilderness Protection Act 1992.

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Associated infrastructure licence (AIL)

Authorise the licensee to construct, install, operate, maintain and decommission infrastructure associated with authorised operations on land (eg transmission lines, water treatment, access roads, camps). Also authorises construction, installation, operation, maintaining, management and decommissioning of—

  • a hydrogen power plant
  • ports, wharves or jetties associated with the import or export of hydrogen or renewable energy
  • a desalination plant used for the primary purpose of supplying water used in generating hydrogen
  • any other infrastructure associated with other regulated activities prescribed by the regulations for the purposes of this definition

AILs are granted for a term and size to be determined by the Minister, native title agreements are required for any Native Title lands and access agreements are required if on pastoral land.

AILs can be coincident to a REIL or adjacent as a separate licence.

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Special enterprise licence (SEL)

Designed to facilitate hydrogen and renewable energy enterprises of major significance to the state’s economy. A SEL may be granted over freehold land, non-freehold land and state waters.

Before seeking an agreement with the Minister about the grant of a SEL (as required under section 26 of the HRE Act), the applicant must first consult with the Minister about the proposed enterprise.

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Renewable energy feasibility licence (REFL)

Allows exploration of a renewable energy resource to assess the feasibility of exploiting a renewable energy resource on designated land.

REFLs can only be granted following the competitive release area process, for a term of 5 years for onshore licences and 7 years for offshore licences.

A REFL provides an automatic right for the licensee to apply for a Renewable Energy Infrastructure Licence (REIL) over the same licence area.

Authorised activities may include:

  • Meteorological mast construction
  • Remote sensor operation
  • Geotechnical investigation

For licences proposed on designated land, competitive tendering of licences against publicly disclosed selection criteria, such as:

  • Proposed work program.
  • Maximising understanding of one or more renewable energy resource/s.
  • Operational, technical and financial capacity of applicant.
  • Applicants’ demonstrable ability to successfully negotiate and establish land use agreements with underlying landowners, Native Title and other Traditional Owners.
  • Business model/plan of applicant and extent to which it serves the State’s objectives for the South Australian economy.

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Renewable energy infrastructure licence (REIL)

Granted to construct, install, operate, maintain and decommission renewable energy infrastructure, include storage and transmission infrastructure.

On designated land the licence confers an exclusive right to enter and use land for this purpose, the licence will include joint approval with the Minister for the Pastoral Act or Minister for Harbors and Navigation Act.

On non-designated land applicant must acquire interest in land.

Licences are granted for a 50-year licence term. Native title agreements are required for Native Title lands and access agreements must be made where required with pastoralists.

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Renewable energy research licence (RERL)

Authorises the licensee to construct, install, operate, maintain and decommission renewable energy infrastructure to assess the feasibility of exploiting a renewable energy resource, for the purpose of researching the capabilities of a technology, system or processes for generating renewable energy.

A RERL applicant must have acquired or will acquire a right or interest in non-designated land before a licence may be granted. Applications over designated land will require the approval of the Minister for the Pastoral Act or Minister for Harbors and Navigation Act prior to licence grant.

If the licence area of a RERL comprises native title land, the applicant must have a native title agreement in place that authorises the grant of the licence.

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Hydrogen generation licence (HGL)

Required for the construction, installation, operation, maintenance and decommission of facilities that generate hydrogen for commercial purposes.

Generating hydrogen is the undertaking of operations for the creation of hydrogen by processes such as the electrolysis of water, reformation of natural gas etc. It also includes incidental operations such as surface storage of hydrogen and processing of hydrogen to compounds (eg ammonia) for the purposes of transportation.

HGLs do not confer right to land – the applicant must acquire an interest in the land.

Licence terms for HGL are to be determined by the Minister.

Native title agreements are required for Native Title lands.