Legislating for offshore wind energy in South Australia

Abstract

Although Australia has excellent wind resources offshore, the offshore wind energy industry is non-existent in this country. Despite the vast array of laws governing development in marine areas in Australia, there is no specific legal framework for offshore renewable energy, thus creating a legal barrier to development. This article critically examines the current planning regime as it applies to offshore wind energy development in South Australian coastal waters and Commonwealth marine waters adjacent to South Australia, taking into consideration developments in marine spatial planning. It will consider options for developing the legal regime to better accommodate the development of the offshore wind energy industry. Although this article focuses on offshore wind energy, many of the points made are relevant to other forms of offshore renewable energy and to the other States of Australia.