We are working to ease the barrier to entry to invest in Australia’s hydrogen industry. Providing regulatory guidance is one way that we can achieve this. Our work is part of Australia’s National Hydrogen Strategy.
It’s important to understand which Commonwealth laws may apply to your hydrogen project. To support this, we provide an overview of key Commonwealth regulation which may be relevant to your hydrogen project. This overview does not include relevant state and territory regulation. The following 6 example projects represent the hydrogen industry supply chain and early hydrogen adopters:
- Hydrogen Production Facility
- Hydrogen Refuelling Station
- Hydrogen Use in Production
- Hydrogen Mobility and Cargo
- Electricity Generation using Hydrogen
- Hydrogen Export.
Please note that the regulatory list for each of these example projects, are intended as a starting point when navigating the regulation that applies to your project. When undertaking your project, you will also need to consider:
- Commonwealth subordinate legislation, as these regulatory maps are only intended to capture the primary legislation for each Commonwealth regulatory scheme
- Commonwealth laws of general applicability, such as general market regulation, business laws, taxes, and other reporting associated with operating a company or business
- Relevant state and territory laws.
Additionally, these regulatory lists do not capture legislation that requires amendment to enable hydrogen to be appropriately regulated into the future.
Disclaimer
The Commonwealth as represented by the Department of Climate Change, Energy, the Environment and Water has exercised due care and skill in the preparation and compilation of each of these Regulatory Lists. Notwithstanding, the Commonwealth, its officers, employees, and agents:
- make no representation express or implied as to the currency, accuracy, reliability or completeness of the Regulatory Map; and
- disclaim any liability, including liability for negligence, loss howsoever caused, damage, injury, expense or cost incurred by any person as a result of accessing, using or relying upon the Regulatory Map to the maximum extent permitted by law.
Each Regulatory List provides an indicative summary only of the Commonwealth legislation that may apply to that type of hydrogen project within Australia. It is not intended to be, and should not be relied on, as a substitute for legal or other professional advice. Users should exercise their own skill and care when using the Regulatory List are advised to obtain appropriate legal and professional advice relevant to their circumstances.
Hydrogen Production Facility
The regulatory list for the Hydrogen Production Facility example project aims to capture all Commonwealth legislation which govern onshore and offshore hydrogen production – over its lifecycle. This list also aims to capture carbon capture and storage facilities and infrastructure associated with hydrogen storage, pipelines, and electricity supply.
Exclusions
Transport of hydrogen from the hydrogen production facility to end users by vehicle or vessel is excluded from the following analysis.
| Regulation overview | Regulation | Read more |
|---|---|---|
|
Regulates workplace health and safety obligations, in respect of Commonwealth places and entities. However, it is noted that all states and territories have similar legislation which establish similar regulatory obligations for operating in their jurisdiction. |
Work Health and Safety Act 2011 |
Comcare – Work Health and Safety Act (WHS Act) |
|
Regulates most areas of an entities business and market engagement. As such this regulation captures a range of commercial behaviour, including product safety, market practices, anti-competitive behaviour, merges, and acquisitions, as well as industry specific regulation and industry codes. |
Competition and Consumer Act 2010 |
Australian Competition and Consumer Commission - Competition |
|
Regulates how gases and liquids, such as hydrogen or ammonia, are measured for the purposes of trade. |
National Measurement Act 1960 |
Department of Industry, Science and Resources – National Measurement Institute |
|
Regulates registration for businesses that manufacture or import industrial chemicals. Fees and obligations vary based on the value and type of chemical. |
Industrial Chemicals Act 2019 |
|
|
Enables telecommunications providers to, among other things, enter a project proponent’s property to establish and maintain telecommunications facilities. |
Telecommunications Act 1997 |
Australian Communications and Media Authority – Property access rules for telcos |
|
Regulates environmental protection on Commonwealth land, and with respect to matters of national environmental significance. |
Environment Protection and Biodiversity Conservation Act 1999 |
Department of Climate Change, Energy, Environment and Water – Referrals and environmental assessments under the EPBC Act |
|
Regulates the disposal of certain categories of waste by export. Categories may include, but not limited to, glass, plastic, tyres, paper, cardboard, and hazardous waste. |
Recycling and Waste Reduction Act 2020 |
Department of Climate Change, Energy, Environment and Water – Waste exports |
|
Regulates the disposal of waste by dumping in Australian waters. |
Environment Protection (Sea Dumping) Act 1981 |
Department of Climate Change, Energy, Environment and Water – Sea dumping |
|
Regulates the disposal of waste by dumping in the Great Barrier Reef Marine Park. |
Great Barrier Reef Marine Park Act 1975 |
Department of Climate Change, Energy, Environment and Water – Safeguarding the Great Barrier Reef Marine Park |
|
Establishes 2 schemes which regulate greenhouse gas emissions from high emission facilities. The first requires these facilities to report their greenhouse gas emissions. The second requires these facilities to limit their emissions to a suitable level or pay monies. |
National Greenhouse and Energy Reporting Act 2007 |
Clean Energy Regulator – The National Greenhouse and Energy Reporting Scheme |
|
Regulation establishes Australia's Carbon Credits incentive scheme. |
Carbon Credits (Carbon Farming Initiative) Act 2011 |
Clean Energy Regulator – Want to participate in the Emissions Reduction Fund |
|
The Commonwealth’s Renewable Energy Target Scheme creates additional charges on the consumption of green electricity. These costs may be passed onto the end user. |
Renewable Energy (Electricity) Act 2000 |
Clean Energy Regulator – Liable entities |
|
Regulates the process for claiming and determining native title rights and resolving conflicts between native title rights and projects. |
Native Title Act 1993 |
Attorney General’s Department – Native Title |
|
Empowers the relevant Commonwealth Minister to make a declaration to protect an area, or item of significance to First Nations Peoples. |
Aboriginal and Torres Strait Islander Heritage Protection Act 1984 |
Department of Climate Change, Energy, Environment and Water – Aboriginal and Torres Strait Islander Heritage Protection Act 1984 – General Guide and Application Form |
|
Regulates land granted or claimed by Indigenous groups under this legislation, within the Northern Territory. As does this legislation regulate conflicts between those land rights and activities which may interfere with them. |
Aboriginal Land Rights (Northern Territory) Act 1976 |
National Indigenous Australians Agency – Land and Housing |
|
Regulates activities within the Jervis Bay Territory on land held and managed by the Wreck Bay Aboriginal Community Council. |
Aboriginal Land Grant (Jervis Bay Territory) Act 1986 |
National Indigenous Australians Agency – Land and Housing |
|
Regulates the import and export of goods to and from Australia. |
Customs Act 1901 |
Australian Border Force – How to import |
|
Regulates Australia’s duty on the import of goods. |
Customs Tariff Act 1995 |
Australian Border Force – Tariff classification |
|
Regulates the export of goods from Australia, including prohibiting and placing conditions on the export of certain goods. |
Export Control Act 2020 |
Department of Agriculture, Fisheries and Forestry – Export Legislation |
|
Applies the National Electricity Law, and National Gas Law as a law of the Commonwealth to offshore areas. |
Australian Energy Market Act 2004 |
Australian Energy Market Operator – Legislation and Regulation |
|
Regulates offshore electricity infrastructure - including offshore wind, solar and wave energy facilities as well as transmission lines, substations, and other electricity infrastructure through their lifecycle, where they are in Commonwealth waters. |
Offshore Electricity Infrastructure Act 2021 |
Department of Climate Change, Energy, the Environment & Water – Establishing Offshore Renewable Energy Infrastructure |
|
Provides application fees for regulated offshore electricity infrastructure. |
Offshore Electricity Infrastructure (Regulatory Levies) Act 2021 |
Department of Industry, Science, and Resources – Establishing offshore renewable energy infrastructure |
|
Regulates all components of offshore carbon capture and storage infrastructure, and associated infrastructure, in natural formations within Commonwealth waters – including the exploration, construction, injection and operation of carbon capture and storage infrastructure. Associated infrastructure includes pipelines etc. |
Offshore Petroleum and Greenhouse Gas Storage Act 2006 |
Department of Industry, Science, and Resources – Offshore Greenhouse Gas Storage |
|
Creates a range of reporting and security obligations on critical infrastructure. |
Security of Critical Infrastructure Act 2018 |
Department of Home Affairs – Reporting and Compliance |
For further information about any of the identified instruments and their interaction with the hydrogen industry we recommend that you contact the relevant identified agencies or regulators.
This list was last updated on 21 April 2023.
Hydrogen Refuelling Station
The regulatory list for the Hydrogen Refuelling Station example project, aims to capture all Commonwealth regulations that govern refuelling facilities for hydrogen powered surface vehicles – over their life cycle. It also captures infrastructure associated with hydrogen storage, pipelines, and electricity supply.
Exclusions
The following components of a Hydrogen Refuelling Station are excluded from consideration in this regulatory list:
- Hydrogen production facility located within a hydrogen refuelling station
- Transport of hydrogen fuel to refuelling stations by vehicle
- Refuelling facilities for hydrogen trains and maritime vessels.
| Regulation overview | Regulation | Read more |
|---|---|---|
|
Regulates workplace health and safety obligations, in respect of Commonwealth places and entities. However, it is noted that all states and territories have similar legislation which establish similar regulatory obligations for operating in their jurisdiction. |
Work Health and Safety Act 2011 |
Comcare – Work Health and Safety Act (WHS Act) |
|
Regulates most areas of an entities business and market engagement. As such this regulation captures a range of commercial behaviour, including product safety, market practices, anti-competitive behaviour, merges and acquisitions, as well as industry specific regulation and industry codes. |
Competition and Consumer Act 2010 |
Australian Competition and Consumer Commission – Legislation |
|
Regulates how gases and liquids, such as hydrogen or ammonia, are measured for the purposes of trade. |
National Measurement Act 1960 |
National Measurement Institute – Australia’s Measurement System |
|
Regulates registration for businesses that manufacture or import industrial chemicals. Fees and obligations vary based on the value and type of chemical. |
Industrial Chemicals Act 2019 |
|
|
Enables telecommunications providers to, among other things, enter a project proponent’s property to establish and maintain telecommunications facilities. |
Telecommunications Act 1997 |
Australian Communications and Media Authority – Property access rules for telcos |
|
Establishes regulations for the purposes of environmental, planning and building rules for developments on airports on Commonwealth land. |
Airports Act 1996 |
Department of Infrastructure, Transport, Regional Development, Communications and the Arts – Airport Planning and Regulation |
|
Regulates environmental protection on Commonwealth land, and with respect to matters of national environmental significance. |
Environment Protection and Biodiversity Conservation Act 1999 |
Department of Climate Change, Energy, Environment and Water – Referrals and environmental assessments under the EPBC Act |
|
Regulates the disposal of certain categories of waste by export. Categories may include, but not limited to, glass, plastic, tyres, paper, cardboard, and hazardous waste. |
Recycling and Waste Reduction Act 2020 |
Department of Climate Change, Energy, Environment and Water – Waste exports |
|
Regulates the disposal of waste by dumping in Australian waters. |
Environment Protection (Sea Dumping) Act 1981 |
Department of Climate Change, Energy, Environment and Water – Sea dumping |
|
Regulates the disposal of waste by dumping in the Great Barrier Reef Marine Park. |
Great Barrier Reef Marine Park Act 1975 |
Department of Climate Change, Energy, Environment and Water – Safeguarding the Great Barrier Reef Marine Park |
|
Establishes 2 schemes which regulate greenhouse gas emissions from high emission facilities. The first requires these facilities to report their greenhouse gas emissions. The second requires these facilities to limit their emissions to a suitable level or pay monies. |
National Greenhouse and Energy Reporting Act 2007 |
Clean Energy Regulator – The National Greenhouse and Energy Reporting Scheme |
|
Regulation establishes Australia's Carbon Credits incentive scheme. |
Carbon Credits (Carbon Farming Initiative) Act 2011 |
Clean Energy Regulator – Want to participate in the Emissions Reduction Fund |
|
The Commonwealth’s Renewable Energy Target Scheme creates additional charges on the consumption of green electricity. These costs may be passed onto the end user. |
Renewable Energy (Electricity) Act 2000 |
Clean Energy Regulator – Liable entities |
|
Regulates the process for claiming and determining native title rights and resolving conflicts between native title rights and projects. |
Native Title Act 1993 |
Attorney General's Department – Native Title |
|
Empowers the relevant Commonwealth Minister to make a declaration to protect an area, or item of significance to First Nations Peoples. |
Aboriginal and Torres Strait Islander Heritage Protection Act 1984 |
Department of Climate Change, Energy, Environment and Water – Aboriginal and Torres Strait Islander Heritage Protection Act 1984 - General Guide and Application Form |
|
Regulates land granted or claimed by Indigenous groups under this legislation, within the Northern Territory. As does this legislation regulate conflicts between those land rights and activities which may interfere with them. |
Aboriginal Land Rights (Northern Territory) Act 1976 |
National Indigenous Australians Agency – Land and Housing |
|
Regulates activities within the Jervis Bay Territory on land held and managed by the Wreck Bay Aboriginal Community Council. |
Aboriginal Land Grant (Jervis Bay Territory) Act 1986 |
National Indigenous Australians Agency – Land and Housing |
|
Regulates the import and export of goods to and from Australia. |
Customs Act 1901 |
Australian Border Force How to import |
|
Regulates Australia’s duty on the import of goods. |
Customs Tariff Act 1995 |
Australian Border Force - Tariff classification |
|
Regulates the export of goods from Australia, including prohibiting and placing conditions on the export of certain goods. |
Export Control Act 2020 |
Department of Agriculture, Fisheries and Forestry – Export Legislation |
For further information about any of the identified instruments and their interaction with hydrogen industry we recommend that you contact the relevant identified agencies or regulators.
This list was last updated on 21 April 2023.
Hydrogen Use in Production
The regulatory list for Hydrogen Use in Production example project, aims to capture all Commonwealth regulations that govern hydrogen fuelled manufacturing facilities and ammonia production facilities – over their life cycle. It also captures infrastructure associated with hydrogen storage, pipelines, and electricity supply.
Exclusions
The following components of the Hydrogen Use in Production example project are excluded from consideration in this regulatory list:
- Transport of fuel to manufacturing facility or ammonia production facility by vehicle
- Ammonia production facilities which do not use hydrogen as a chemical feed stock
- Co-location of hydrogen production facility with hydrogen fuelled manufacturing facilities or ammonia production facilities.
| Regulation overview | Regulation | Read more |
|---|---|---|
|
Regulates workplace health and safety obligations, in respect of Commonwealth places and entities. However, it is noted that all states and territories have similar legislation which establish similar regulatory obligations for operating in their jurisdiction. |
Work Health and Safety Act 2011 |
Comcare – Work Health and Safety Act (WHS Act) |
|
Regulates most areas of an entities business and market engagement. As such this regulation captures a range of commercial behaviour, including product safety, market practices, anti-competitive behaviour, merges and acquisitions, as well as industry specific regulation and industry codes. |
Competition and Consumer Act 2010 |
Australian Competition and Consumer Commission – Legislation |
|
Regulates how gases and liquids, such as hydrogen or ammonia, are measured for the purposes of trade. |
National Measurement Act 1960 |
National Measurement Institute – Australia’s Measurement System |
|
Regulates registration for businesses that manufacture or import industrial chemicals. Fees and obligations vary based on the value and type of chemical. |
Industrial Chemicals Act 2019 |
|
|
Enables telecommunications providers to, among other things, enter a project proponent’s property to establish and maintain telecommunications facilities. |
Telecommunications Act 1997 |
Australian Communications and Media Authority – Property access rules for telcos |
|
Regulates environmental protection on Commonwealth land, and with respect to matters of national environmental significance. |
Environment Protection and Biodiversity Conservation Act 1999 |
Department of Climate Change, Energy, Environment and Water – Referrals and environmental assessments under the EPBC Act |
|
Regulates the disposal of certain categories of waste by export. Categories may include, but not limited to, glass, plastic, tyres, paper, cardboard, and hazardous waste. |
Recycling and Waste Reduction Act 2020 |
Department of Climate Change, Energy, the Environment and Water - Waste exports |
|
Regulates and imposes conditions on the disposal of waste by dumping in Australian waters. |
Environment Protection (Sea Dumping) Act 1981 |
Department of Climate Change, Energy, the Environment and Water - Sea dumping |
|
Disposal of waste by dumping in the Great Barrier Reef Marine Park. |
Great Barrier Reef Marine Park Act 1975 |
Department of Climate Change, Energy, Environment and Water – Safeguarding the Great Barrier Reef Marine Park |
|
Establishes 2 schemes which regulate greenhouse gas emissions from high emission facilities. The first requires these facilities to report their greenhouse gas emissions. The second requires these facilities to limit their emissions to a suitable level or pay monies. |
National Greenhouse and Energy Reporting Act 2007 |
Clean Energy Regulator - The National Greenhouse and Energy Reporting Scheme |
|
Regulation establishes Australia's Carbon Credits incentive scheme. |
Carbon Credits (Carbon Farming |
Clean Energy Regulator - Want to participate in the Emissions Reduction Fund? |
|
Regulates the process for claiming and determining native title rights and resolving conflicts between native title rights and projects. |
Native Title Act 1993 |
Attorney General’s Department - Native title |
|
Empowers the relevant Commonwealth Minister to make a declaration to protect an area, or item of significance to First Nations Peoples. |
Aboriginal and Torres Strait Islander Heritage Protection Act 1984 |
Department of Climate Change, Energy, the Environment and Water - Aboriginal and Torres Strait Islander Heritage Protection Act 1984 - General Guide and Application Form |
|
Regulates land granted or claimed by Indigenous groups under this legislation, within the Northern Territory. As does this legislation regulate conflicts between those land rights and activities which may interfere with them. |
Aboriginal Land Rights (Northern Territory) Act 1976 |
National Indigenous Australians Agency - Land and Housing |
|
Regulates activities within the Jervis Bay Territory on land held and managed by the Wreck Bay Aboriginal Community Council. |
Aboriginal Land Grant (Jervis Bay Territory) Act 1986 |
National Indigenous Australians Agency - Land and Housing |
|
Regulates the import and export of goods to and from Australia |
Customs Act 1901 |
Australian Border Force - How to import |
|
Regulates Australia’s duty on the import of goods. |
Customs Tariff Act 1995 |
Australian Border Force - Tariff classification |
|
Regulates the export of goods from Australia, including prohibiting and placing conditions on the export of certain goods. |
Export Control Act 2020 |
Department of Agriculture, Fisheries and Forestry - Export Control Rules 2021 - Amendments |
For further information about any of the identified instruments and their interaction with hydrogen industry we recommend that you contact the relevant identified agencies or regulators.
This list was last updated on 21 April 2023.
Hydrogen Mobility and Cargo
The regulatory list for the Hydrogen Mobility and Cargo example project, aims to capture all Commonwealth regulations that govern hydrogen powered vehicles, or hydrogen or ammonia powered vessels, or the transport of hydrogen or ammonia as a cargo. This includes the importation, registration and operation of vehicles, vessels and commercial cargo containers.
The regulation list aims to capture all commonwealth regulation in respect of the following categories of vehicle: personal domestic passenger vehicles, commercial buses and trucks, and industrial vehicles production machinery (forklifts or cranes and off-road machinery).
The regulation list also aims to capture all commonwealth regulation in respect of the following categories of commercial vessels: domestic and international passenger, cargo and goods maritime vessels.
Commercial cargo containers are considered in the context of both vehicles and vessels.
Exclusions
The following components of hydrogen mobility and cargo example project are excluded from consideration in this regulatory list:
- The commercial operation of vehicles and vessels (Workplace Health & Safety, Carbon Credits, Emissions Reporting)
- Vehicle and vessel production, maintenance and repair production and facilities.
| Regulation overview | Regulation | Read more |
|---|---|---|
|
Regulates the import and export of goods from Australia |
Customs Act 1901 |
Australian Border Force – How to import |
|
Regulates Australia’s duty on the import of goods. |
Customs Tariff Act 1995 |
Australian Border Force – Tariff classification |
|
Regulates Australia’s duty on the import of luxury Cars. |
A New Tax System (Luxury Car Tax) Act 1999 |
Australian Tax Office – Luxury car tax |
|
Regulates the Import and registration of road vehicles, including passenger, commercial, and specialist vehicles. This also provides for vehicle and component recalls. *A number of provisions in this regulation will not commence till 30 June 2023. In these instances, similar provisions in the Road Vehicle Standards Act 2018 continue to apply. |
Road Vehicle Standards Act 2018* |
Department of Infrastructure, Transport, Regional Development, Communications and the Arts - Road Vehicle Standards laws |
|
Provides a model code regarding the transport of dangerous goods transport by road, and rail. This model law is implemented through legislation in each jurisdiction. |
Australian Code for the Transport of Dangerous Goods by Road & Rail |
National Transport Commission - Australian Dangerous Goods Code |
|
Regulates pollution from shipping. This includes general waste management when at sea, incident reporting and post incident clean-up obligations, greenhouse gas emissions and noxious liquids. |
Protection of the Sea (Prevention of Pollution from Ships) Act 1983 |
Australian Maritime Safety Authority - Marine pollution |
|
Regulates shipping security for the purposes of safeguarding against unlawful interferences with maritime transport or offshore facilities. |
Maritime Transport and Offshore Facilities Security Act 2003 |
Department of Home Affairs – Ship Operators |
|
Scheme to incentivise Australian businesses to invest in the Australian shipping industry. |
Shipping Reform (Tax Incentives) Act 2012 |
Department of Infrastructure, Transport, Regional Development, Communications and the Arts - Eligibility requirements |
|
Regulates the shipping registration process. This includes when, which, and process and cost of vessels required to be registered. |
Shipping Registration Act 1981 |
Australian Maritime Safety Authority - Regulations and standards |
|
Regulates international shipping and seafaring within Australian waters. This regulation captures a wide range of vessels, their crew and operation, including certification, construction, crewing, crew qualifications and welfare, occupational health and safety, carriage and handling of cargoes (including cargoes of chemicals and dangerous goods), passengers and pollution. Note each of these topics are addressed, at length in subordinate regulation – that is, Marine Orders. |
Navigation Act 2012 |
Australian Maritime Safety Authority - Regulations and standards |
|
Regulates domestic shipping and seafaring within Australian waters. This regulation captures a wide range of vessels, their crew and operation, including: certification, construction, equipment, design and operation of domestic commercial vessels inside Australia’s exclusive economic zone. Note each of these topics are addressed, at length in subordinate regulation – that is, Marine Orders. |
Marine Safety (Domestic Commercial Vessels) National Law Act 2012 |
Australian Maritime Safety Authority - Regulations and standards |
For further information about any of the identified instruments and their interaction with hydrogen industry we recommend that you contact the relevant identified agencies or regulators.
This list was last updated on 21 April 2023.
Electricity Generation using Hydrogen
The regulatory list for Electricity Generation using Hydrogen example project, aims to capture all Commonwealth regulations that govern hydrogen powered electricity generation facilities – over their life cycle. It is noted that hydrogen powered electricity generation currently occurs through 1 of 2 forms: hydrogen powered fuel cells and generators, or gas turbine driven power plants – powered by hydrogen gas. It also captures infrastructure associated with hydrogen storage, and pipelines.
Exclusions
The following components of Electricity Generation using Hydrogen are excluded from consideration in this regulatory list:
- Transport of hydrogen-to-hydrogen electricity generation facility by vehicle
- Co-location of hydrogen production facilities with hydrogen powered electricity generation facilities.
| Regulation overview | Regulation | Read more |
|---|---|---|
|
Regulates workplace health and safety obligations, in respect of Commonwealth places and entities. However, it is noted that all states and territories have similar legislation which establish similar regulatory obligations for operating in their jurisdiction. |
Work Health and Safety Act 2011 |
|
|
Regulates most areas of an entities business and market engagement. As such this regulation captures a range of commercial behaviour, including product safety, market practices, anti-competitive behaviour, merges and acquisitions, as well as industry specific regulation and industry codes. |
Competition and Consumer Act 2010 |
Australian Competition and Consumer Commission - Competition |
|
Regulates registration for businesses that manufacture or import industrial chemicals. Fees and obligations vary based on the value and type of chemical. |
Industrial Chemicals Act 2019 |
|
|
Enables telecommunications providers to, among other things, enter a project proponent’s property to establish and maintain telecommunications facilities. |
Telecommunications Act 1997 |
Australian Communications and Media Authority - Property access rules for telcos |
|
Regulates environmental protection on Commonwealth land, and with respect to matters of national environmental significance. |
Environment Protection and Biodiversity Conservation Act 1999 |
Department of Climate Change, Energy, the Environment and Water - Referrals and environmental assessments under the EPBC Act |
|
Regulates the disposal of certain categories of waste by export. Categories may include, but not limited to, glass, plastic, tyres, paper, cardboard, and hazardous waste. |
Recycling and Waste Reduction Act 2020 |
Department of Climate Change, Energy, the Environment and Water - Waste exports |
|
Regulates the disposal of waste by dumping in Australian waters. |
Environment Protection (Sea Dumping) Act 1981 |
Department of Climate Change, Energy, the Environment and Water - Sea dumping |
|
Regulates the disposal of waste by dumping in the Great Barrier Reef Marine Park. |
Great Barrier Reef Marine Park Act 1975 |
Department of Climate Change, Energy, Environment and Water – Safeguarding the Great Barrier Reef Marine Park |
|
Establishes 2 schemes which regulate greenhouse gas emissions from high emission facilities. The first requires these facilities to report their greenhouse gas emissions. The second requires these facilities to limit their emissions to a suitable level or pay monies. |
National Greenhouse and Energy Reporting Act 2007 |
Clean Energy Regulator - The National Greenhouse and Energy Reporting Scheme |
|
Regulation establishes Australia's Carbon Credits incentive scheme. |
Carbon Credits (Carbon Farming |
Clean Energy Regulator - Want to participate in the Emissions Reduction Fund? |
|
Regulates the Renewable Energy Target. This is the Commonwealth’s incentive scheme for green electricity production. |
Renewable Energy (Electricity) Act 2000 |
Clean Energy Regulator - Want to participate in the Emissions Reduction Fund? |
|
Regulates the process for determining or claiming native title rights and resolving conflicts between native title rights and projects. |
Native Title Act 1993 |
Attorney General’s Department - Native title |
|
Empowers the relevant Commonwealth Minister to make a declaration to protect an area, or item of significance to First Nations Peoples. |
Aboriginal and Torres Strait Islander Heritage Protection Act 1984 |
Department of Climate Change, Energy, the Environment and Water - Aboriginal and Torres Strait Islander Heritage Protection Act 1984 - General Guide and Application Form |
|
Regulates land granted or claimed by Indigenous groups under this legislation, within the Northern Territory. As does this legislation regulate conflicts between those land rights and activities which may interfere with them. |
Aboriginal Land Rights (Northern Territory) Act 1976 |
National Indigenous Australians Agency - Land and Housing |
|
Regulates activities within the Jervis Bay Territory on land held and managed by the Wreck Bay Aboriginal Community Council. |
Aboriginal Land Grant (Jervis Bay Territory) Act 1986 |
National Indigenous Australians Agency – Land and Housing |
|
Regulates the import and export of goods to and from Australia. |
Customs Act 1901 |
Australian Border Force - How to import |
|
Regulates Australia’s duty on the import of goods. |
Customs Tariff Act 1995 |
Australian Border Force - Tariff classification |
|
Regulates the export of goods from Australia, including prohibiting and placing conditions on the export of certain goods. |
Export Control Act 2020 |
Department of Agriculture, Fisheries and Forestry – Export Legislation |
|
Applies the National Electricity Law and National Gas Law to offshore areas. |
Australian Energy Market Act 2004 |
Australian Energy Market Operator - Electricity |
|
Creates a range of reporting and security obligations on critical infrastructure for electricity generation infrastructure. |
Security of Critical Infrastructure Act 2018 |
Department of Home Affairs - Reporting and compliance |
For further information about any of the identified instruments and their interaction with hydrogen industry we recommend that you contact the relevant identified agencies and/or regulators.
This list was last updated on 21 April 2023.
Hydrogen Export
The regulatory list for Hydrogen Export aims to capture all Commonwealth regulations which govern:
- Port facilities that export hydrogen or ammonia, from when the hydrogen or ammonia arrives at a Port Facility till when it leaves the port facility by vessel – across the lifecycle of the facility. This includes associated infrastructure such as hydrogen storage, pipelines, and electricity supply.
- The process for exporting hydrogen, including customs and duties etc.
- Export of hydrogen under Free Trade Agreements to specific trading partners, such as South Korea, Singapore and Japan.
Exclusions
The following components of the Hydrogen Export model project are excluded from consideration in this regulatory list:
- Export of hydrogen by aircraft
- Registration of hydrogen vehicles and cargo
- Only captures Commonwealth regulation for goods leaving for destination ports. This list does not capture the law of the country into which Australia’s exports are received
- International arrangements for the export of hydrogen
- Export of hydrogen not produced in Australia.
| Regulation overview | Regulation | Read more |
|---|---|---|
|
Regulates workplace health and safety obligations, in respect of Commonwealth places and entities. However, it is noted that all states and territories have similar legislation which establish similar regulatory obligations for operating in their jurisdiction. |
Work Health and Safety Act 2011 |
Comcare – Work Health and Safety Act (WHS Act) |
|
Regulates most areas of an entities business and market engagement. As such this regulation captures a range of commercial behaviour, including product safety, market practices, anti-competitive behaviour, merges and acquisitions, as well as industry specific regulation and industry codes. |
Competition and Consumer Act 2010 |
Australian Competition and Consumer Commission - Competition |
|
Regulates how gases and liquids, such as hydrogen or ammonia, are measured for the purposes of trade. |
National Measurement Act 1960 |
Department of Industry, Science and Resources – National Measurement Institute |
|
Regulates registration for businesses that manufacture or import industrial chemicals. Fees and obligations vary based on the value and type of chemical. |
Industrial Chemicals Act 2019 |
|
|
Enables telecommunications providers to, among other things, enter a project proponent’s property to establish and maintain telecommunications facilities. |
Telecommunications Act 1997 |
Australian Communications and Media Authority - Property access rules for telcos |
|
Regulates environmental protection on Commonwealth land, and with respect to matters of national environmental significance. |
Environment Protection and Biodiversity Conservation Act 1999 |
Department of Climate Change, Energy, Environment and Water - Referrals and environmental assessments under the EPBC Act |
|
Regulates the disposal of certain categories of waste by export. Categories may include, but not limited to, glass, plastic, tyres, paper, cardboard, and hazardous waste. |
Recycling and Waste Reduction Act 2020 |
Department of Climate Change, Energy, Environment and Water - Waste exports |
|
Regulates the disposal of waste by dumping in Australian waters. |
Environment Protection (Sea Dumping) Act 1981 |
Department of Climate Change, Energy, Environment and Water – Sea dumping |
|
Regulates the disposal of waste by dumping in the Great Barrier Reef Marine Park. |
Great Barrier Reef Marine Park Act 1975 |
Department of Climate Change, Energy, Environment and Water – Safeguarding the Great Barrier Reef Marine Park |
|
Establishes 2 schemes which regulate greenhouse gas emissions from high emission facilities. The first requires these facilities to report their greenhouse gas emissions. The second requires these facilities to limit their emissions to a suitable level or pay monies. |
National Greenhouse and Energy Reporting Act 2007 |
Clean Energy Regulator - The National Greenhouse and Energy Reporting Scheme |
|
Regulates the Renewable Energy Target. This is the Commonwealth’s incentive scheme for green electricity production. |
Renewable Energy (Electricity) Act 2000 |
Clean Energy Regulator - Want to participate in the Emissions Reduction Fund? |
|
Regulates the process for determining or claiming native title rights and resolving conflicts between native title rights and projects. |
Native Title Act 1993 |
Attorney General’s Department - Native title |
|
Empowers the relevant Commonwealth Minister to make a declaration to protect an area, or item of significance to First Nations Peoples. |
Aboriginal and Torres Strait Islander Heritage Protection Act 1984 |
Department of Climate Change, Energy, Environment and Water - Aboriginal and Torres Strait Islander Heritage Protection Act 1984 - General Guide and Application Form |
|
Regulates land granted or claimed by Indigenous groups under this legislation, within the Northern Territory. As does this legislation regulate conflicts between those land rights and activities which may interfere with them. |
Aboriginal Land Rights (Northern Territory) Act 1976 |
National Indigenous Australians Agency - Land and Housing |
|
Regulates activities within the Jervis Bay Territory on land held and managed by the Wreck Bay Aboriginal Community Council. |
Aboriginal Land Grant (Jervis Bay Territory) Act 1986 |
National Indigenous Australians Agency - Land and Housing |
|
Creates a range of reporting and security obligations on critical infrastructure. |
Security of Critical Infrastructure Act 2018 |
Department of Home Affairs - Reporting and compliance |
|
Establishes security obligations over port facilities for national security purposes. These security obligations may include developing a security plan for approval by the regulator, implementing that security plan and undertaking security assessments. |
Maritime Transport and Offshore Facilities Security Act 2003 |
Department of Home Affairs - Reporting and compliance |
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Regulates Australia’s duty on the import of goods. |
Customs Tariff Act 1995 |
Australian Border Force - Tariff classification |
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Regulates the export of goods from Australia, including prohibiting and placing conditions on the export of certain goods. |
Export Control Act 2020 |
Department of Agriculture, Fisheries and Forestry– Export Legislation |
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Regulates the import and export of goods to and from Australia. |
Customs Act 1901 |
Australian Border Force - How to import |
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Regulates Australia’s requirements for exporting hydrogen and ammonia to South Korea under the Korea-Australia Free Trade Agreement. This free trade agreement is between Australia and Korea. |
Customs Act 1901 |
Free Trade Agreement – Department of Foreign Affairs and Trade – Korea – Australia Free Trade Agreement |
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Regulates Australia’s requirements for exporting hydrogen and ammonia to Singapore under the Singapore-Australia Free Trade Agreement. This free trade agreement is between Australia and Singapore. |
Customs Act 1901 Customs Tariff Act 1995 |
Free Trade Agreement – Department of Foreign Affairs and Trade – Singapore - Australia Free Trade Agreement Implementing legislation – Australian Border Force – Singapore |
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Regulates Australia’s requirements for exporting hydrogen and ammonia to Japan under the Japan – Australia Economic Partnership Agreement (JAEPA) |
Customs Act 1901 Customs (Japanese Rules of Origin) Regulations 2014 |
Free Trade Agreement – Department of Foreign Affairs and Trade - Japan-Australia Economic Partnership Agreement Implementing legislation – Australian Border Force – Japan |
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Regulates Australia’s requirements for exporting hydrogen and ammonia in respect of the Regional Comprehensive Economic Partnership.
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Customs Act 1901 |
Free Trade Agreement – Department of Foreign Affairs and Trade - Regional Comprehensive Economic Partnership Agreement Implementing legislation – Australian Border Force – Regional Comprehensive Economic Partnership Agreement |
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Regulates Australia’s requirements for exporting hydrogen and ammonia in respect of Comprehensive and Progressive Agreement for Trans Pacific Partnership (CPTPP). This is a free trade agreement between:
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Customs Act 1901 Customs (Trans-Pacific Partnership Rules of Origin) Regulations 2018 |
Free Trade Agreement – Department of Foreign Affairs and Trade - Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementing legislation – Australian Border Force – Comprehensive and progressive agreement for Trans-Pacific Partnership |
For further information about any of the identified instruments and their interaction with hydrogen industry we recommend that you contact the relevant identified agencies and/or regulators.
This list was last updated on 21 April 2023.