The legal regime governing the exploitation of offshore wind energy in Australia

Abstract

With to rapidly improving technology, wind energy currently appears as one of the most economically feasible forms of renewable energy in many countries. Although Australia has sovereign rights with regards the exploitation of offshore wind as a source of energy, it does not yet have a legal regime in place to govern such activity. This article provides an analysis of the major areas of international and domestic law affecting the development of offshore wind energy in Australia and considers a number of legal issues which will need satisfactory resolution before large-scale investment will occur in Australia. These issues include: Commonwealth and State jurisdiction over offshore areas; balancing sovereignty over offshore areas with the rights of other users of the sea; native title over offshore areas; Commonwealth regulation of sea installations; and removal and disposal of offshore wind turbines.