World-first Hydrogen and Renewable Energy Act proposal for South Australia to streamline and regulate projects

The structure linking government agencies under the proposed South Australian Hydrogen and Renewable Energy Act to provide one-window-to-government licensing and regulation.
Diagram courtesy South Australian government

A proposed world-first South Australian Hydrogen and Renewable Energy Act was announced in 2023 to introduce a one-window-to-government licensing and regulatory system for the lifecycle of large-scale hydrogen and renewable energy projects in South Australia.

The Act was meant to leverage on South Australia’s place as a global leader in the transition to clean energy in just over 15 years, when its renewables energy grew from 1% to more than 65% and was powering towards a 100% net renewables target by 2030.

Under the proposed Act, looking to cover the manufacturing of hydrogen in all forms, including green and blue hydrogen, along with carbon capture and storage (CCS), 

• government-owned land and waters where renewable energy projects could be hosted would be identified by the South Australian government.
• companies would compete for licences to access government-owned land and waters to deliver these projects.
• new fit-for-purpose licensing would be set up for projects across all land types, enabling regulation of the whole project life cycle.
• Aboriginal people’s rights and interests would be considered early and throughout the regulatory processes.
• a framework would ensure that developments were delivered with net environmental benefit.
• requirements would be put in place to ensure land was rehabilitated and returned to pre-existing conditions; and
• multiple land-use provisions will be sought to deliver fair outcomes for landowners, communities and other pre-existing land rights holders.

With the Act operating, there would be no change to:

• small scale renewable energy developments  that would still be regulated under the Pastoral Land Management and Conservation Act 1989 (SA).
 • The Planning, Development and Infrastructure Act 2016 (SA) would continue to provide the environmental assessment and development approval framework for renewable energy activities.
• Electricity generation would still be licensed and regulated under the Electricity Act 1996 (SA).
• South Australia’s environmental and natural resources legislation or how it is administered. Land managed under the National Parks and Wildlife Act 1972 (SA), Wilderness Protection Act 1992 (SA) and Marine Parks Act 2007 (SA) would remain that way.
• offshore wind development applications would still be assessed under the Planning and Development Act 2016 (SA), including relevant legislative referrals and tenure under the Harbors and Navigation Act 1993 (SA).
• access to Crown land managed under the Crown Land Management Act 2009 (SA) would be managed in the same way.
• all Commonwealth legislation, for example the Native Title Act 1993 and the Environment Protection and Biodiversity Conservation Act 1999, would still apply, where relevant.