This page provides an overview of the transitional provisions under the Hydrogen and Renewable Energy Act 2023 (HRE Act) and Hydrogen and Renewable Energy Regulations 2024 (HRE Regulations), including information on what the qualifications for the transitional pathway are, and the licensing and approvals process followed to transition to the HRE Act.

Transitioning from the Planning, Development and Infrastructure Act 2016 (PDI Act) to the HRE Act

With the commencement of the HRE Act on 11 July 2024, hydrogen generation, renewable energy activities and Battery Energy Storage Systems (BESS) previously regulated by the PDI Act are now regulated by the HRE Act. This includes developments that were already approved under the PDI Act or Development Act 1993, whether or not they are operating, and those that were undergoing assessment under the PDI Act when the HRE Act commenced.

These activities are now required to be licensed under the HRE Act. Key regulated activities and their relevant licence or permit required are shown in Table 1. Refer to Part 4 of the HRE Act and HRE Regulations for all activities regulated.

Table 1: Types of licences and permits which apply to transitional activities

The process to transition to the HRE Act is undertaken in accordance with the transitional provisions set out in Schedule 1, clauses 16 and 17 of the HRE Act, regulation 50 and 51 of the HRE Regulations, and determinations made by the Minister.

The transitional provisions have been designed so that licence and permit applications provide what is necessary for the grant of a licence and to establish compliance requirements. The provisions have been designed so as to avoid unnecessary administrative burden on and costs to applicants.

Guidance has been prepared to assist in understanding and navigating the process:

• Information Sheet 002 - Approvals pathways for standalone BESS – transitioning and new projects (PDF, 279.0 KB)
• Information Sheet 005 - Transitioning from the Planning, Development and Infrastructure Act 2016 (PDF, 200.6 KB)

Refer to the guidance documents page for all current guidance, including checklists. Applicable determinations can be found on the determinations page.

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Qualification for and commencement on the transitional pathway

Access to the transitional pathway is determined by whether an operator qualifies as an existing operator or new operator. How each are defined and when they are required to transition are summarised as follows:

• Existing operators are those lawfully operating renewable energy infrastructure, a hydrogen facility, or associated infrastructure at the commencement of the HRE Act.
  
  Existing operators need to apply for a licence or permit (as relevant) before 11 July 2025 to be compliant with the HRE Act.

• New operators are those with development activities either under assessment or those which have obtained a development authorisation, but are yet to lawfully commence operations.
  
  New operators may continue under the PDI Act approval pathway until they complete construction of the development. Under the HRE Act, new operators are required to be granted a licence or permit before commencing operations.

Refer to the relevant information sheet for more detail on the definition of each operator type so as to determine which may apply.

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Licence and permit application process – transitioning activities

For activities that qualify for the transitional provisions, the application for the relevant licence or permit must be:

• in the manner and form determined by the Minister
• accompanied by
  • an operational management plan
  • the prescribed fee.

It is also requested that applicants:

• submit a copy of the approval document issued under the PDI Act or Development Act with the application.

This ensures relevant conditions can be incorporated into the new permit or licence, as required by Schedule 1, clause 17(8) of the HRE Act.

The following sections provide further information on each requirement for an application:

Licence application - manner and form determined by the Minister

The manner and form determination for a licence or permit applied for under transitional provisions (Part 5 - Transitional Provisions - Clause 17) of the HRE Act sets out:

• how an application is to be made to the Minister, and
• the information that needs to accompany the application.

If applying for a permit, the applicant should be aware that some of the requirements for a permit application as determined are different to what is required for a licence application when preparing the application to ensure it is compliant.

Licence and permit application checklists are available on the guidance documents page.

Operational Management Plan (OMP)

To enable the Minister to make their decision, the applicant should ensure the OMP is prepared in accordance with the requirements of Part 4 Division 4 Subdivision 4 (except for the requirements relating to a statement of environmental objectives).

• Section 66 of the HRE Act and regulation 37 - set out the requirements for an OMP. The applicant should address all requirements (except for section 66(2)(b) and regulation 37(1)(k)) to the extent they apply to operating through to decommissioning and rehabilitation activities.
• Section 67 - Application and approval provisions under this section will still need to be met.

A checklist of the legislative requirements with supporting guidance has been prepared to assist with preparing an OMP. Refer to the guidance documents page for this.

As relevant conditions of consent imposed through a development authorisation under the PDI Act are required to be adopted into the HRE licence or permit, when preparing an OMP, consideration should be given to which conditions of consent will need to be reflected in the OMP.

Prescribed fee

Fees are reviewed and updated annually, on or soon after 1 July of each year. Refer to the Regulated fees page for the current prescribed fees. Any changes will be published in the SA Government Gazette as required by section 5 of the Legislation (Fees) Act 2019.

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Grant of licence or permit

If satisfied that the OMP meets the requirements of Part 4 Division 4 Subdivision 4 (other than requirements relating to a statement of environmental objectives), the Minister must grant the licence or permit, subject to conditions:

• determined by the Minister
• as required pursuant to section 38, and
• any relevant conditions deemed included from the development authorisation granted under the PDI Act or Development Act 1993 (repealed), if not exempted.

The applicant will be consulted on proposed conditions prior to proceeding to licence or permit grant.

A letter of offer will be sent to the applicant, including:

• the licence or permit, and
• details pertaining to the annual licence/permit fee required to be paid prior to licence or permit grant.

When the offer is accepted, the applicant will:

• sign the acceptance of the offer, and
• return it to DEM along with the licence/permit fee.

Following grant, a copy of the permit or licence will be sent to the licensee, and information required to be entered will be added to the Hydrogen and renewable energy register on the DEM website.

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Other applicable provisions

Other relevant provisions of the HRE Act operate in relation to the grant or renewal of a transitional licence, unless exempted through regulation. Refer to regulation 51 for current exemptions.

This may include:

• Public liability insurance (section 48)
• Notice of commencement of operations to resource tenement holders (section 77) – new operators only
• Reporting
  • Annual licence reports – all licences and permit holders (regulation 26)
  • Half yearly reports – REFP, REIL and HGL holders (regulation 27)
  • Incident reports – reported in accordance with incidents listed in the licence or permit document (section 47, regulation 30)

Consideration should be given to which requirements apply to individual circumstances.

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