This bill became law on Feb 20th, 2025.
Climate, energy & environment
Offshore wind feasibility licenceThe first type of offshore wind licence, which lets an applicant investigate whether a project can go ahead in a certain area. applications will now be judged under the same updated rules even if they were lodged before the 2024 regulation changes started.
The December 2024 offshore electricity regulation changes only applied to new feasibility licenceThe first type of offshore wind licence, which lets an applicant investigate whether a project can go ahead in a certain area. applications, leaving earlier offshore wind applicants under different rules. This bill applies the same updated rules to pre-December 2024 applications so all applicants are judged consistently and fairly.
Australia already had an offshore electricity infrastructure licensing scheme, and in December 2024 the government changed the regulations to clarify how overlapping offshore renewable energy feasibility licenceThe first type of offshore wind licence, which lets an applicant investigate whether a project can go ahead in a certain area. applications should be judged. Because those changes only applied to new applications, earlier applicants were left under different rules, so the Electricity Infrastructure Legislation Amendment Bill 2025 was introduced and quickly passed to extend the same decision rules to pre-December 2024 applications and restore consistent treatment across the scheme.
The main case against the bill was that it is a rushed retrospective fix for mistakes in the offshore wind licensing scheme, pushed through without proper scrutiny or enough consultation with affected communities. These criticisms were raised mainly by Coalition MPs and senators, who also argued the broader policy could increase power bills and hurt regional, farming, fishing and tourism communities.
Hon Chris Bowen MPAn elected federal parliamentarian, shortened on the page as MP. introduced this bill. It passed with support from Labor, Greens, Australia's Voice, some crossbench members; opposed by Liberal Party, Nationals, One Nation, UAP, some crossbench members.
Did it become law?
Yes
Became law 20 Feb 2025
Final passage
Recorded final vote
1 counted final-passage vote was recorded.
Passage speed
15 days
From introduction to the latest recorded parliamentary step
Meaning
Offshore wind feasibility licenceThe first type of offshore wind licence, which lets an applicant investigate whether a project can go ahead in a certain area. applications will now be judged under the same updated rules even if they were lodged before the 2024 regulation changes started.
Australia must run the Capacity Investment Scheme ProgramThe federal program the bill says must be run to help deliver set amounts of new renewable and cleaner on-demand power. to deliver at least 23 gigawatts of new renewable power and 9 gigawatts of cleaner on-demand power by 2030.
If the Climate Change AuthorityThe independent body whose warning about 2030 energy targets would trigger a required government response in the annual climate statement. warns the 2030 energy targets are at serious risk, the annual federal climate statement must publicly respond to that warning.
Any federal change to the Capacity Investment Scheme ProgramThe federal program the bill says must be run to help deliver set amounts of new renewable and cleaner on-demand power. will need approval from both the House of RepresentativesThe lower house of federal Parliament, which must approve some changes to the Capacity Investment Scheme before they can take effect. and the SenateThe upper house of federal Parliament, which must also approve some changes to the Capacity Investment Scheme before they can take effect. before it can take effect.
Despite section 165 of the Offshore Electricity Infrastructure Regulations 2022, the amendments made by Schedule 1 to the Offshore Electricity Infrastructure Amendment (Overlapping Applications) Regulations 2024 (the amending regulations) apply to an application for a feasibility licence made before the commencement of the amending regulations as well as to an application made on or after the commencement of the amending regulations.Electricity Infrastructure Legislation Amendment Act 2025 final Act text
(1) If, at the commencement of this subsection, the Capacity Investment Scheme Program is prescribed by legislative instrument under subsection 33(1) of the Industry Research and Development Act 1986, then:Electricity Infrastructure Legislation Amendment Act 2025 final Act text
(2) If advice of the Climate Change Authority under subsection 14(1) indicates a material risk to the achievement of subsection (1), the Minister’s Annual Climate Change Statement under section 12 must provide a response to that advice.Electricity Infrastructure Legislation Amendment Act 2025 final Act text
(1) An instrument made under subsection 33(1) of the Industry Research and Development Act 1986 (the amending instrument), that varies or revokes another instrument made under that subsection that prescribes the Capacity Investment Scheme Program, does not come into effect until the amending instrument has been approved by a resolution of each House of the Parliament.Electricity Infrastructure Legislation Amendment Act 2025 final Act text
Context
Australia already had an offshore electricity infrastructure licensing scheme, and in December 2024 the government changed the regulations to clarify how overlapping offshore renewable energy feasibility licenceThe first type of offshore wind licence, which lets an applicant investigate whether a project can go ahead in a certain area. applications should be judged. Because those changes only applied to new applications, earlier applicants were left under different rules, so the Electricity Infrastructure Legislation Amendment Bill 2025 was introduced and quickly passed to extend the same decision rules to pre-December 2024 applications and restore consistent treatment across the scheme.
Offshore electricity regulations are tightened for overlapping licence applications
New regulations clarified area-description requirements, limited licences to the areas applied for and required overlapping applications to be decided on highest merit, but only for applications received after the changes began.
Hansard ↗Government introduces a bill to apply the new rules to earlier applicants
The bill was introduced to extend the December 2024 regulatory changes to feasibility licenceThe first type of offshore wind licence, which lets an applicant investigate whether a project can go ahead in a certain area. applications lodged before those regulations commenced so all applicants would be assessed under the same framework.
Australian Parliament House ↗Parliament passes the bill
Both houses passed the bill in the same form, clearing the way for the updated offshore licence decision rules to cover pre-December 2024 applications as well as newer ones.
Parliamentary timeline ↗Royal AssentThe final step that turns a passed bill into an Act of Parliament. makes the changes law
Royal AssentThe final step that turns a passed bill into an Act of Parliament. turned the bill into an Act, completing the legal change that aligned older offshore wind feasibility licenceThe first type of offshore wind licence, which lets an applicant investigate whether a project can go ahead in a certain area. applications with the December 2024 rules.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
Second reading debate
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber considered amendments before the bill moved to the next stage.
Consideration in detail debate
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
Recorded vote: 37 to 30.
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal AssentThe final step that turns a passed bill into an Act of Parliament., turning the bill into an Act.
Key criticism
The main case against the bill was that it is a rushed retrospective fix for mistakes in the offshore wind licensing scheme, pushed through without proper scrutiny or enough consultation with affected communities. These criticisms were raised mainly by Coalition MPs and senators, who also argued the broader policy could increase power bills and hurt regional, farming, fishing and tourism communities.
Criticism was substantial but came chiefly from Coalition opponents of the government’s offshore wind policy.
Rushed retrospective lawmaking
Opponents said the bill retrospectively changes the rules to clean up mistakes in the government’s earlier offshore wind framework, and that parliament was being asked to pass it before proper review and committee scrutiny.
Poor consultation and local communities overruled
Critics argued the government bypassed due process and failed to give coastal and regional communities a real say before advancing offshore wind projects, raising fears that ministerial decisions could override local opposition.
Higher power prices and regional harm
Opponents tied the bill to the government’s wider renewables policy, warning it could push up electricity prices and damage industries and communities that depend on affordable power, including farmers, fishers, tourism operators and regional businesses.
Further sources
Votes
The chamber-passage votes come first. Expand a vote to see the party breakdown.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Passed 37 to 30. Support came from Labor, Greens, Australia's Voice, and minor parties and independents. Opposition came from Liberal Party, Nationals, One Nation, and UAP. Minor-party and independent votes were split.
Amendments grouped by chamber. Expand any amendment to see the party breakdown or, where it passed on the voices, how that works.
House
Passed 86 to 50. Support came from Labor, Greens, and minor parties and independents. Opposition came from Liberal Party and Nationals. Minor-party and independent votes were split.
This would have put the government's clean energy underwriting scheme into the bill and required it to meet the 32-gigawatt target in law.
Passed 86 to 50. Support came from Labor, Greens, and minor parties and independents. Opposition came from Liberal Party and Nationals. Minor-party and independent votes were split.
This completed House passage of the bill and sent the amended bill on to the SenateThe upper house of federal Parliament, which must also approve some changes to the Capacity Investment Scheme before they can take effect..
This would change the bill text to require the Capacity Investment Scheme to deliver set renewable and clean dispatchable capacity targets, respond to risk advice, and get parliamentary approval for changes.
This would change the bill text to require the Capacity Investment Scheme to deliver set renewable and clean dispatchable capacity targets, respond to risk advice, and get parliamentary approval for changes.
Passed on the voices
The chamber agreed to this amendment without a counted vote — the presiding officer judged the ayes louder than the noes, and no member called for a division.
Senate
Defeated 30 to 34. Support came from Liberal Party, Nationals, One Nation, and UAP. Opposition came from Labor, Greens, and minor parties and independents. Minor-party and independent votes were split.
This was a second-reading statement vote, not a change to the bill text, and it was defeated.
Passed 37 to 30. Support came from Labor, Greens, Australia's Voice, and minor parties and independents. Opposition came from Liberal Party, Nationals, One Nation, and UAP. Minor-party and independent votes were split.
This was the SenateThe upper house of federal Parliament, which must also approve some changes to the Capacity Investment Scheme before they can take effect.'s counted second-reading passage vote for the bill.
This list includes amendment votes, procedural votes and votes on the bill itself.
Parliamentary debate
Start here — lead voices
Bowen supports the bill, saying it will apply the offshore electricity infrastructure regulation changes to earlier feasibility licenceThe first type of offshore wind licence, which lets an applicant investigate whether a project can go ahead in a certain area. applications so the scheme treats applicants consistently and fairly.
Read in Hansard ↗Ted O'Brien says the opposition will oppose the bill because it was rushed through without proper scrutiny, including SenateThe upper house of federal Parliament, which must also approve some changes to the Capacity Investment Scheme before they can take effect. review, and because it retrospectively fixes mistakes made by the minister on offshore wind licensing.
Read in Hansard ↗Waters says the Greens back the bill because it locks in renewable energy investment and protects the Capacity Investment Scheme from being undone by a future Dutton-led government.
Read in Hansard ↗Henry Pike says the coalition will not support rushing this bill through and wants it sent to committee instead, because it is retrospective, poorly consulted, and tied to a government fix for its own earlier drafting mistake.
Read in Hansard ↗All speeches by bloc
3 speakers · 4 contributions · 3 support
“This is to ensure that our wind industry can grow and progress, because offshore wind is going to provide an enormous, valuable resource to this country to enable us—in a clean, green and sustainable fashion—to build our manufacturing, to ensure we have great jobs into the future and to ensure that we are supporting the regions.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Chris Bowen on this bill. They are grouped here so the speaker is listed once.
Minister's second reading speech
Bowen supports the bill, saying it will apply the offshore electricity infrastructure regulation changes to earlier feasibility licenceThe first type of offshore wind licence, which lets an applicant investigate whether a project can go ahead in a certain area. applications so the scheme treats applicants consistently and fairly. He argues it will improve regulatory certainty and help build a high-quality offshore renewables industry.
“This bill seeks to ensure a consistent approach to all feasibility licence applications, regardless of when they have been made, by ensuring that the regulation amendments apply to applications made prior to their commencement.”Read this contribution in Hansard ↗
Second reading speech
Bowen supports the bill and says it will make offshore electricity licensing fairer and more certain for applicants while advancing the government's climate and net zero goals. He argues it will help deliver offshore renewable energy projects that improve energy security, reliability and affordability and create jobs and investment.
“The passage of the Electricity Infrastructure Legislation Amendment Bill 2025 provides for the consistent and equal treatment of all applications under the offshore electricity infrastructure licensing scheme. It's necessary to ensure all feasibility licence decisions are underpinned by a fair and competitive scheme for all applicants regardless of which declared area they apply for or when their applications were made. These changes will clarify scheme administration and provide regulatory certainty for feasibility licence applicants as well.”Read this contribution in Hansard ↗
“This bill seeks to ensure a consistent approach to all feasibility licence applications, regardless of when they have been made, by ensuring that the regulation amendments apply to applications made prior to their commencement.”Read the full speech in Hansard ↗
14 speakers · 14 oppose
“That is why it all comes back to the importance of scrutiny. The bill before the House, the Electricity Infrastructure Legislation Amendment Bill 2025, needs scrutiny. That is why as an opposition we make clear: (1) this bill should not be sent to Federation Chamber for debate; it should be debated here in this chamber; (2) this bill should be referred to a Senate committee, the committee for environment and communications legislation, for review so proper scrutiny of the bill can take place; and (3) given the lack of scrutiny and the long, sorry saga which has led to this point, the coalition will oppose this bill in the House.”Read the full speech in Hansard ↗
“I think this bill can wait until the next parliament. I think it can be considered properly by a committee. Certainly, that's what we're keen to do and what we're proposing as the coalition.”Read the full speech in Hansard ↗
“The reality is that the legislation before us, the Electricity Infrastructure Legislation Amendment Bill 2025, does nothing to address the problems that we have in this country. Any occupant of this chamber—any senator from anywhere in the country—would be aware of the fact that Australians are struggling under the cost of living.”Read the full speech in Hansard ↗
“This legislation is about a ministerial override, and that's the kind of thing that should scare all of us all the time. It's being jammed through in the dying days of this parliament, it must be said. This is probably the third last sitting day of this parliament, and the government want to get it through in an awful rush, against the will of communities—communities that are not keen to host these offshore wind platforms, which threaten their tourism, threaten the scenic beauty of coastal communities and threaten fishing communities, whether those threats are real or imagined. I guess that beauty is always in the eye of the beholder, but it's fair to say that there are concerns in those communities, and it's quite clear that the government has not run a thorough consulting process and taken the communities with it. It's very important. If governments want to lead the Australian public they should be prepared to speak with them and take their views on board. I'll be opposing the legislation.”Read the full speech in Hansard ↗
“This bill is emblematic of fiasco. The minister found out he had powers he didn't know about and now wants to get rid of them. Remember that this is the same minister who stands up with that smirk on his face pretending that he's all over the subject matter, all over his brief, has got it all under control and is actually divining a new energy system for Australia.”Read the full speech in Hansard ↗
“So we come to this bill, and the shadow minister mentioned in the House a 'protection racket'. He asked, 'Why is this government running a protection racket?' When you consider that the majority, if not all, of both the offshore and onshore wind turbine proponents are foreign owned, you have to ask if the Albanese government is acting in the national interest. Why are foreign owned energy companies acting like cowboys across Australia, dividing communities with sham consultations, as the member for Wannon said earlier? Why the haste to put this retrospective legislation through the parliament in what may well be the dying days of the Albanese Labor government?”Read the full speech in Hansard ↗
“I concur that the Minister for Climate Change and Energy has not used the right process—a terrible process, in fact—for the Electricity Infrastructure Legislation Amendment Bill 2025. But I just want people to consider the burden that Labor's massive renewables-only energy policy is having on regional and rural Australia. Just think about this: Labor's plan includes nearly 60 million solar panels, over 3,500 new wind turbines and 28,000 kilometres of new transmission lines, all in rural and regional areas. We know that the government will need to double the size of the transmission grid just to connect all of this new renewable energy, but, if it's double the size, I suspect it will be double the price and the cost—cost that will be added to families' and businesses' power bills. As we know, these endless kilometres of wind turbines and solar panels and 28,000 kilometres of additional transmission lines are impacting rural and regional areas, and farmers and food production. This is also, sadly, dividing neighbours, dividing friends and dividing communities. That's appalling.”Read the full speech in Hansard ↗
“We oppose this bill. We more broadly oppose the chaos of energy policy in this country under this government. Thankfully for the people of Australia, there is an election coming within months, if not weeks. It's a great chance to get our country back on track, to get our energy policy back on track and to bring certainty, reliability and stability to Australian families and Australian businesses. I urge the House to defeat this bill.”Read the full speech in Hansard ↗
“For colleagues in the House, I will be opposing this bill. I oppose this bill because it was ill thought out. It shouldn't have seen the light of day in the first place. I understand what Labor are trying to do. They're trying to fix an anomaly that was rushed through the parliament without scrutiny, and they've been caught. I oppose the bill, and I oppose the increase in power bills from this bill. We oppose Labor's higher energy prices. Only a Dutton led government will fix Australia.”Read the full speech in Hansard ↗
“It's not my job to say whether something is right or wrong; it's my job to ensure that the process is followed. And in this case, in this particular bill, the process has not been followed. The process has been circumvented. This bill is a shortcut. This bill is being jammed through, and I fear trickery. It doesn't look good. It doesn't bode well for the views of my electorate, those good communities, those good people out there, who just want to have a say on what they're looking at from their homes and their businesses. It's not on. I'm all about looking people in the eye and asking them how they feel. That's something the government hasn't done in this case.”Read the full speech in Hansard ↗
“Let's go to this piece of retrospective legislation, the Electricity Infrastructure Legislation Amendment Bill 2025. What is a government trying to do when it puts in place a piece of retrospective legislation? It's trying to clean up a mess—a mess of its own making; a mess made because it rushed things; a mess made because it doesn't have a clue about what it's doing; a mess made because the minister has an ideological bent towards a rushed, renewables-only approach which is devastating this nation.”Read the full speech in Hansard ↗
“That is the best definition of these wind farm projects and this legislation I could find. It's why the coalition stands opposed to this legislation and we stand implacably opposed to the energy policies put forward by this reckless and hopeless government because all its going to do is send Australia into bankruptcy.”Read the full speech in Hansard ↗
“I rise to speak on the Electricity Infrastructure Legislation Amendment Bill 2025. We are opposing this bill, on our side. I think we need to start with looking at what this legislation is all about. This legislation is in response to a massive loss that the Minister for Climate Change and Energy, Chris Bowen, had in the Federal Court at the end of last year. I say that as a recovering planning, environmental and housing lawyer! In the case of Seadragon Offshore Wind Pty Ltd v Minister for Climate Change and Energy, the Federal Court held at the end of last year that the federal Minister for Climate Change and Energy may lawfully grant a feasibility licence for an offshore wind farm development over a smaller area than applied for by the applicant. So this legislation concerns offshore wind.”Read the full speech in Hansard ↗
“This is where offshore wind is. They've got this great idea: 'Let's go and build something that's never been built, a floating offshore wind farm on an industrial scale off the coast of New South Wales.' Then we find out the minister doesn't know he's got powers he's meant to have. He did not know the powers he's meant to have in regulation and the way they issue these things. So they come back, and he says, 'We've got to fix it up and we've got to make it retrospective. We've got to go retrospective on what we can do and how we can give these grants, how we can give these leases, so that we don't have to go through consultation for the people that did it a different way and we don't have to go through community consultation. We don't have to go and talk to the people; we just make it retrospective.' It's like the opposite of a superpower: the ability to not know what powers you've got. And this is this minister, rushing headlong into an unsustainable way.”Read the full speech in Hansard ↗
1 speaker · 1 support
“Australia's future is in clean energy, not fossil fuels, and this bill is an important step to lock in renewable investment and to provide more certainty for communities and industry, but we've got to get on with the rest of the job. We are strongly in support of the 82 per cent renewables by 2030 target. We'd like it to be higher, and we can do that in a way that actually shores up the economic future of regional communities. We know that renewables are not only the cheapest form of energy, which is great news for households, but they are job rich, and they are safe jobs. They're not coalmining jobs, where you come down with black lung disease or get sacked by your mega coal company because you've been replaced by a robot. We can have a job-rich, clean energy transition that's smooth, and that's why we're backing this bill today. Government underwriting for the renewables sector is crucial, and it will help even out the peaks and troughs.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Referred to Federation Chamber
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Returned to House for further consideration
Returned to House for further consideration
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Consideration in detail: amendments considered
Amendment packages agreed
The chamber considered amendments before the bill moved to the next stage.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Third reading agreed to
Recorded vote: 37 to 30.
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal AssentThe final step that turns a passed bill into an Act of Parliament., turning the bill into an Act.
