Document ID: chunk:federal_register_of_legislation:C2025C00179:section:22
Version: federal_register_of_legislation:C2025C00179
Segment Type: section
Provision Reference: s 22
Character Range: 54159–55952

22  Variation to extend period or increase declared area
 (1) The Minister may, by legislative instrument, vary a declaration for one or more of the following purposes:
 (a) to extend the period for which the declaration is to be in force, by changing the day on which the declaration ceases to have effect under subsection 21(2) to a later day;
 (b) to add an area or areas in the Commonwealth offshore area to the declared area.
 (2) The Minister may only make a variation under subsection (1) if:
 (a) a notice proposing to vary the declaration has been published under section 24; and
 (b) the day specified in the notice under paragraph 24(1)(e) as the day by which submissions may be made has passed; and
 (c) the Minister has consulted:
 (i) the Defence Minister; and
 (ii) the Minister administering section 1 of the Navigation Act 2012; and
 (d) the Minister is satisfied that the declared area, or the declared area as varied, is suitable for offshore renewable energy infrastructure.
 (3) In deciding for the purposes of paragraph (2)(d) whether an area is suitable for offshore renewable energy infrastructure, the Minister must have regard to the following:
 (a) the potential impacts of the construction, installation, commissioning, operation, maintenance or decommissioning of offshore renewable energy infrastructure in the area on other marine users and interests;
 (b) any submissions received in accordance with the notice under section 24;
 (c) any advice received as a result of the consultation mentioned in paragraph (2)(c) of this section;
 (d) Australia's international obligations in relation to the area;
 (e) Australia's greenhouse gas emissions reduction targets.
 (4) The Minister may also have regard to any other matters that the Minister considers relevant.