176New sections 100E to 100H inserted

1. After section 100D, insert:

   100ESubmitting decommissioning plan for offshore renewable energy infrastructure

   1. The owner or operator of any ORE infrastructure within the meaning of the Offshore Renewable Energy Act 2024 may submit a decommissioning plan to the Environmental Protection Authority for acceptance.

   2. The decommissioning plan must—

   3. identify the infrastructure that is to be decommissioned; and
   4. fully describe how it is to be decommissioned; and
   5. if it is a revised decommissioning plan referred to in section 100G, identify the changes from the accepted decommissioning plan that it is intended to replace; and
   6. include any other information required by the regulations.

   7. The regulations may elaborate on what information is required to be included in the plan under subsection (2)(a) to (c).

   100FAssessment and acceptance of decommissioning plan for offshore renewable energy infrastructure

   1. When a decommissioning plan is submitted under section 100E, the Environmental Protection Authority must—

   2. deal with the plan in accordance with the process prescribed by the regulations; and
   3. assess the plan against the criteria prescribed by the regulations.

   4. Having assessed the plan, the EPA must,—

   5. if it is satisfied that the plan meets those criteria, accept the plan as the accepted decommissioning plan for the infrastructure to which it relates; or
   6. otherwise refuse to accept the plan.

   7. To avoid doubt, the EPA may refuse to accept a plan if it considers that it does not have adequate information to determine whether it meets the criteria.

   8. The EPA must give to the owner or operator of the infrastructure—

   9. written notice of its decision under subsection (2); and
   10. if it refuses to accept the plan, written reasons for that decision.

   100GAmendment of accepted decommissioning plan for offshore renewable energy infrastructure

   1. If the owner or operator of any ORE infrastructure wishes to amend the decommissioning plan accepted under section 100F (the current plan), it may submit a revised decommissioning plan to the Environmental Protection Authority under section 100E.

   2. If the EPA accepts the revised plan under section 100F(2)(a),—

   3. the current plan ceases to be the accepted decommissioning plan; and
   4. the revised plan becomes the accepted decommissioning plan in its place.

   100HRequirement for public consultation on decommissioning plan for offshore renewable energy infrastructure

   1. Regulations made for the purposes of section 100F must provide for public consultation in relation to a decommissioning plan that has been submitted for acceptance.

   2. However, in relation to a revised decommissioning plan referred to in section 100G, the regulations may provide for either of the following:

   3. that public consultation is required only in relation to the changes from the current plan (as defined in section 100G) to the revised plan; or
   4. that public consultation is not required if the EPA is satisfied that the effect on the environment and existing interests of implementing the revised decommissioning plan would not be materially different from, or would be less than, the effect of implementing the current plan.

   5. Regulations are to be regarded as providing for public consultation in relation to a plan if the regulations—

   6. require the EPA to publicly notify the plan; and
   7. allow any person who wishes to make a submission about the plan a reasonable opportunity to do so; and
   8. require the owner or operator of the infrastructure to consider each submission and—
      1. amend the plan in response to the submission; or
      2. explain to the EPA why it does not propose to amend the plan in response to the submission.