General questions
DEM has developed a community guide to renewable energy which provides an introduction to renewable energy.
More general information can be found on the Australian Energy Infrastructure Commissioners website
Designated land includes pastoral land, certain Crown (state-owned) land, and state waters. The release area process enables the Minister to declare a portion of designated land to be suitable and available for renewable energy development; this is called a 'release area'.
Release areas involve government working with native title groups, pastoralists and other landowners, representative organisations, communities, and interest groups to identify areas of land that can sustainably host large-scale renewable energy development. In this process, an area will be proposed for development, government will hold a public consultation on the proposal and, if it is decided that the area meets expectations, declare it open for tenders. Companies will then tender to put their renewable energy projects on that land. Projects will be expertly assessed against specific tender criteria, and the Minister may then choose one or more that can apply for a Renewable Energy Feasibility Licence (REFL).
Non-designated land is other land such as privately owned freehold land. In this instance, renewable energy companies can approach landowners directly to negotiate conditions for having their projects on that land. The Hydrogen and Renewable Energy Act has strict laws that aim to ensure fair outcomes for Aboriginal peoples, landowners, communities and other pre-existing land rights holders.
The first step is that an area of land is declared as a release area. Once this has occurred, the Minister may then invite renewable energy developers to submit a proposal for their preferred area in a competitive tender process. The Minister will assess all the applications before determining the successful applicant(s). The successful applicant will have the exclusive right over a specific area to apply for a Renewable Energy Feasibility Licence (REFL).
A REFL allows the renewable energy company to conduct research and collect information to inform where potential wind, solar or other renewable energy infrastructure is best placed. This is where they will install devices to monitor the conditions over a period of time, an example of a device is a meteorological mast (met-mast) or portable remote sensing device. Importantly, this licence does not allow them to build a wind/solar farm or significant infrastructure. Companies will initially have up to 5 years to complete feasibility work.
Once a company has collected the necessary data, if deemed feasible, they will look to finalise their projects design and apply for a Renewable Energy Infrastructure Licence (REIL). This is the licence that approves the development of a wind or solar farm and construction can start.
It is important to note as part of the application process for licenses, developers and the government need to conduct consultation on the proposed projects, undertake rigorous environmental assessments and reach agreement with landholders amongst other steps.
More information on each step can be found in:
Renewable energy developers are required to consider and address any potential environmental impact at multiple stages over a project’s lifecycle.
The tender criteria require applicants to make submissions in respect to their environmental benefits and detail their environmental credentials. More information on the criteria can be found here.
When applying for a licence, proponents are required to prepare an environmental impact report (EIR) for their proposed operations. This document must address the project’s potential environmental impacts and outline the extent to which these impacts can be managed.
Proponents must also provide a statement of environmental objectives (SEO) which provides transparency about the licensee’s required environmental performance. The SEO is developed through an open, consultative process, based on information provided in the environmental impact report.
More information:
A projects lifecycle from concept to operation takes many years, with time to install and commission any renewable energy infrastructure depends on many factors and is unique to a projects design, funding and developer.
Initial infrastructure to collect data such as met-masts or other monitoring devices may be installed within months of being granted a renewable energy feasibility licence and may operate for many years to inform next steps.
Significant infrastructure such as wind turbines or large volume of solar panels is likely to take multiple years after a renewable energy feasibility licence is granted.
Landowner (Pastoral/Resource tenement holder) questions
If you are interested in learning more about the Hydrogen and Renewable Energy Act and the release area process, contact the Department for Energy and Mining via ReleaseAreas@sa.gov.au
The HRE Act seeks to facilitate renewable energy development, with an objective to allow pastoral, renewable energy and other activities to co-exist. While impacts may occur, the location and scale of impacts will be dependent on what is proposed and the location of infrastructure.
Renewable energy developers are encouraged to engage with pastoralists in the early stages of project planning to enable feedback to be appropriately considered and addressed.
It is expected that any operational interactions between pastoral and renewable energy developers will be identified and worked through during access agreement discussions and negotiation. This is an opportunity to understand on-ground impacts to your pastoral land, raise key matters of importance, discuss more about your property/operations, determine access arrangements for both parties during authorised operations, and where relevant, determine compensation.
An access agreement is between a pastoral lease holder (or prescribed owner of the land) and a licensee and formalises the terms of a licensee accessing the land. It will also outline how the licensee will inform the owner of operations and may include specifics about the compensation paid to a pastoral lease holder.
An access agreement is a condition of a renewable energy license pursuant to section 41 of the HRE Act and must be in place before a licensee undertakes any authorised activities. The details of an access agreement do not need to be shared; the Minister only needs to be aware that an agreement is in place. The expectation is that a licensee will contact a pastoral lease holder to commence negotiations.
If amicable arrangements not able to be reached, a conflict resolution process is available under section 42 of the HRE Act which may see the Minister mediating between parties or an application to the ERD Court.
The Australian Energy Infrastructure Commissioner has prepared a document which outlines some considerations for landholders when negotiating agreements.
Any prior research and learnings from engaging with renewable energy developers will help you in your discussions with a successful applicant and may be useful in negotiating an access agreement with a successful party.
Renewable energy developers identify their preferred licence area. Given the size of pastoral leases, it is likely that multiple parties are interested in the same leases. Where applications for land overlap, the Minister can invite proponents to resubmit their application to resolve the overlap.
Notwithstanding this, until the Minister has determined a successful applicant(s), it will not be known whether more than one person has an interest in your lease. You will be advised once and outcome is known.
Through the licencing process, applicants are required to identify potential environmental impacts and their mitigation approach, traffic is considered as part of this process. To mitigate or minimise negative impacts, previous projects have sought to construct new roads/tracks or upgrade others.
Access agreements between the pastoral lessee and licensee may address access to roads/tracks within the licence area.
Each project is different and will vary so it is worth discussing your questions in any conversations/negotiations with potential developers.
Until part or all of a pastoral lease is included within the area of a declared as part of a release area, that area cannot host renewable energy infrastructure above 5 MW nameplate value.
There are a number of stages where landowners or affected stakeholders are encouraged to be involved in the process and exist as an opportunity to raise concerns and have your interests considered. These stages include:
- Initial engagement and consultation on a proposed release area - by DEM
- Access agreement – between pastoral lessee and licence holder
- EIR and SEO consultation conducted by licensee
- EIR and SEO consultation conducted by Minister
- Notice of entry (designated land) – landowner including, resource tenement holder, aquaculture lease holder (but not for those party to an access agreement or native title holder)
- Notice of commencement of operations to holder of resources tenement
- A recipient of a notice of entry or notice of commencement of operations to holder of resources tenement may object to either notice
More information is available on the Department for Energy and Mining's website.
The DEM website has many useful resources to help inform you about renewable energy and about the HRE Act. We recommend familiarising yourself with this information as a starting point.
The need for any transmission lines is dependent on a projects design and location as they may not be required for all projects. Developers must design their projects with an end user in mind for the power generated. That end user may be through a connection to the grid, to a single (or multiple) site with high electricity demand or a combination of both.
Developers are responsible for their infrastructure for the life of the project, and this extends to decommissioning and site rehabilitation.
Security or a bond is payable in accordance with section 43 of the HRE Act to further protect parties' interest in the decommissioning and rehabilitation of the site.
This may be possible depending on the individual project and is a key question to ask of any renewable energy developer.
An owner of land is defined in the act and includes a person who holds a resources tenement in respect to the land.
As an owner of the land you are entitled to receive written notice if the licensee's intention to enter the area and information on what they plan to do. This must be at least 42 days before entering. notice of entry by a holder of a licence.
There is a similar requirement for a licensee to inform resource tenement holders before commencing authorised operations. This must be at least 42 before commencing operations.
Tender applicants questions
A licence can only be granted within the boundary of a release area.
For developments that go beyond the boundaries of a release area:
- If it is designated land (pastoral), the developer must be successful in a tender process under the HRE Act within that second release area.
- If the area outside the release area is freehold land, it is subject to the developer securing a right or interest in the land from the current landowner. A separate permit or licence will be required.
Regulation 12(2)(a)(i) requires the Minister to identify any overlapping applications.
In their assessment of two or more overlapping applications, the Minister may elect to determine a single successful applicant based on the highest merit application. The Minister may elect not to determine a successful applicant.
Alternatively, the Minister has discretion to write to the applicants and invite them to amend their respective applications to resolve the overlap in accordance with Regulation 12(2)(a)(ii).
At this stage there are only two declared areas, the Gawler Ranges East and Whyalla West.
Yes. While possible that one applicant may seek access to the entirety of a release area, DEM is of the opinion that the release areas can host more than one project.
Provide the requested information on the Call for tenders - HRE release areas form, attach your completed documentation, and submit the electronic form:
If you have any issues with the form, or have any questions, contact ReleaseAreas@sa.gov.au
