Document ID: chunk:federal_register_of_legislation:C2025C00179:section:26
Version: federal_register_of_legislation:C2025C00179
Segment Type: section
Provision Reference: s 26
Character Range: 60087–61711

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.