Skip to main content Skip to main navigation Skip to search

Queensland and NSW floods 2022

Visit recovery.gov.au to see what help is available.

Close
Home

Top navigation main

  • News & media
  • Jobs
  • Ministers
  • Contact us
Main menu

AWE Main

  • Climate change
    Climate change Driving climate action, science and innovation so we are ready for the future.
    • Climate science and adaptation
    • Australia's climate change strategies
    • Emissions reduction
    • Emissions reporting
    • International commitments
    • Climate Active
    • Climate change publications and data
    • Australia’s National Greenhouse Accounts (Emissions Data)
    Stronger action on climate change

    Stronger action on climate change

    See how the Australian Government is committed to taking more ambitious action on climate change.

    Find out more

  • Energy
    Energy Building a secure and sustainable energy system for all Australians.
    • Energy policy in Australia
    • Energy and Climate Change Ministerial Council
    • Renewable energy
    • Energy publications
    • energy.gov.au
    • Energy Rating
    • Commercial Building Disclosure Program
    • Nationwide House Energy Rating Scheme (NatHERS)
    • Your Home
    • Reducing transport emissions
    Photo of commercial laundry focused on a washer and dryer

    Energy Ratings labels

    Helping consumers choose energy-efficient appliances

    Helping consumers choose energy-efficient appliances

  • Environment
    Environment Improving stewardship and sustainable management of Australia’s environment.
    • Bushfire recovery
    • Climate change and the environment
    • Biodiversity
    • EPBC Act
    • Environmental information and data
    • International activities
    • Invasive species
    • Land
    • Marine
    • Partnerships
    • Protection
    • Report a breach of environment law
    • Threatened species & ecological communities
    • Waste and recycling
    • Wildlife trade
    Decorative image

    Read our Nature Positive Plan

    Our plan sets out the Australian Government’s commitment to environmental law reform

    Find out more

  • Water
    Water Improving the sustainable management of Australia’s water supply for industry, the environment and communities.
    • Coal, Coal seam gas (CSG) and water
    • Commonwealth Environmental Water Holder
    • Water policy and resources
    • Wetlands
    Water matters

    Water Matters

    Keep up with the latest news on the department's work in managing Australia's water resources.

    Read the latest edition here

  • Parks and heritage
    Parks and heritage Managing Australia’s iconic national parks, historic places and living landscapes.
    • Australian Marine Parks
    • Australian National Botanic Gardens
    • Booderee National Park
    • Kakadu National Park
    • Christmas Island National Park
    • National parks
    • Norfolk Island National Park
    • Heritage
    • Pulu Keeling National Park
    • The Great Barrier Reef
    • Uluṟu-Kata Tjuṯa National Park
    The reef

    Great Barrier Reef

    Australia is protecting and conserving this World Heritage Area.

    Find out more

  • Science and research
    Science and research Undertaking research and collecting data to support informed decisions and policies.
    • Climate change
    • Australia's biological resources
    • National Environmental Science Program (NESP)
    • Office of the Science Convenor
    • Australian Biological Resource Study (ABRS)
    • State of the Environment (SoE) reporting
    • Bird and bat banding
    • Supervising Scientist
    Our climate is changing

    Our climate is changing

    Find out more about how climate science helps Australians with the impacts of climate change.

    Find out more

  • About us
    About us We lead Australia’s response to climate change and sustainable energy use, and protect our environment, heritage and water.
    • Accountability and reporting
    • Assistance, grants and tenders
    • Fees and charges
    • News and media
    • Our commitment to you
    • People and jobs
    • What we do
    • Who we are
    2023-24 May Budget

    2023-24 Budget

    The 2023-24 Budget has been delivered. Find out what's been announced.

    Find out what's been announced

  • Online services
    Online services We do business with you using online platforms. This makes it easier for you to meet your legal requirements.
Department of Climate Change, Energy, Enviroment and Water

Breadcrumb

  1. Home
  2. Energy
  3. Growing Australia's hydrogen industry
  4. Commonwealth Hydrogen Regulation

Sidebar first - EN - Energy renewable

  • Energy
    • Renewable energy
      • Establishing offshore renewable energy infrastructure
      • Renewable Energy Target scheme
      • Growing Australia's hydrogen industry
        • Hydrogen Energy Supply Chain Pilot Project
        • Latest Initiatives for improving hydrogen regulation
        • Commonwealth hydrogen regulation
      • Guarantee of Origin scheme
      • Independent Scientific Committee on Wind Turbines

Commonwealth Hydrogen Regulation

 

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.

Commonwealth regulation relevant to Hydrogen Production
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.
The obligations established through this regulation go to ensuring the safety of workers and other persons are not put at risk by a business. It also provides obligations regarding a range of specific items, such as emergency plans, hazardous chemicals and atmospheres, and the assessment, determination, and licensing of major hazard facilities.  

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.
The legislative framework achieves this by establishing a mandatory framework, which requires measurement devices for trade, to have pattern approval (design), verification, (initial testing of individual instruments and systems) and in-service accuracy, for the purposes of measuring quantity and composition of gas and liquid.

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.
Common examples of industrial chemicals may include hydrogen, ammonia, industrial cleaners, and lubricants.

Industrial Chemicals Act 2019

Australian Industrial Chemicals Introduction Scheme

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.
The types of activities captured by this regulation may include, but are not limited to, vegetation clearing, waste disposal, pollution, and environmental incidents.

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.
A project proponent will need to apply to register their project under this scheme and satisfy and operate in accordance with a carbon credit methodology established under the Act.

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.
The National Electricity Law regulates how companies operate and participate in the competitive generation and retail sectors. It also is responsible for the economic regulation of electricity transmission and distribution networks.
The National Gas Law regulates the governance framework and key obligations relating to the access to gas pipelines. This includes the Australian Energy Market Operator’s role and functions. It also establishes a gas market bulletin board.

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.
This legislation makes it an offence to store a substance in the seabed or subsoil of Commonwealth waters without authorisation.

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.
Commonwealth regulation relevant to hydrogen refuelling stations
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.
The obligations established through this regulation go to ensuring the safety of workers and other persons are not put at risk by a business. It also provides obligations regarding a range of specific items, such as emergency plans, hazardous chemicals and atmospheres, and the assessment, determination and licensing of major hazard facilities. 

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.
The legislative framework achieves this by establishing a mandatory framework, which requires measurement devices for trade, to have pattern approval (design), verification, (initial testing of individual instruments and systems) and in-service accuracy, for the purposes of measuring quantity and composition of gas and liquid.

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.
Common examples of industrial chemicals may include hydrogen, ammonia, industrial cleaners, and lubricants.

Industrial Chemicals Act 2019

Australian Industrial Chemicals Introduction Scheme

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.
The types of activities captured by this regulation may include, but are not limited to, vegetation clearing, waste disposal, pollution, and environmental incidents.

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.
A project proponent will need to apply to register their project under this scheme and satisfy and operate in accordance with a carbon credit methodology established under the Act.

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.
Commonwealth regulation relevant to Hydrogen Used in Production
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.
The obligations established through this regulation go to ensuring the safety of workers and other persons are not put at risk by a business. It also provides obligations regarding a range of specific items, such as emergency plans, hazardous chemicals and atmospheres, and the assessment, determination and licensing of major hazard facilities.

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.
The legislative framework achieves this by establishing a mandatory framework, which requires measurement devices for trade, to have pattern approval (design), verification, (initial testing of individual instruments and systems) and in-service accuracy, for the purposes of measuring quantity and composition of gas and liquid.

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.
Common examples of industrial chemicals may include hydrogen, ammonia, industrial cleaners, and lubricants.

Industrial Chemicals Act 2019

Australian Industrial Chemicals Introduction Scheme

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.
The types of activities captured by this regulation may include, but are not limited to, vegetation clearing, waste disposal, pollution, and environmental incidents.

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.
A project proponent will need to apply to register their project under this scheme and satisfy and operate in accordance with a carbon credit methodology established under the Act.

Carbon Credits (Carbon Farming
Initiative) Act 2011

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.
Commonwealth regulation relevant to hydrogen mobility and transport
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.
Commonwealth regulation relevant to electricity generation using hydrogen
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.
The obligations established through this regulation go to ensuring the safety of workers and other persons are not put at risk by a business. It also provides obligations regarding a range of specific items, such as emergency plans, hazardous chemicals and atmospheres, and the assessment, determination and licensing of major hazard facilities.

Work Health and Safety Act 2011

Comcare - Workplace health and safety management system

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.
Common examples of industrial chemicals may include hydrogen, ammonia, industrial cleaners, and lubricants.

Industrial Chemicals Act 2019

Australian Industrial Chemicals Introduction Scheme

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.
The types of activities captured by this regulation may include, but are not limited to, vegetation clearing, waste disposal, pollution, and environmental incidents.

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.
A project proponent will need to apply to register their project under this scheme and satisfy and operate in accordance with a carbon credit methodology established under the Act.

Carbon Credits (Carbon Farming
Initiative) Act 2011

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.
The National Electricity Law regulates how companies operate and participate in the competitive generation and retail sectors, and as well as the economic regulation of electricity transmission and distribution networks.
The National Gas Law regulates the governance framework and key obligations relating to the access to gas pipelines, including the Australian Energy Market Operator’s role and functions. It also establishes a gas market bulletin board.

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.
Commonwealth regulation relevant to the export of hydrogen
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.
The obligations established through this regulation go to ensuring the safety of workers and other persons are not put at risk by a business. It also provides obligations regarding a range of specific items, such as emergency plans, hazardous chemicals and atmospheres, and the assessment, determination and licensing of major hazard facilities. 

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.
The legislative framework achieves this by establishing a mandatory framework, which requires measurement devices for trade, to have pattern approval (design), verification, (initial testing of individual instruments and systems) and in-service accuracy, for the purposes of measuring quantity and composition of gas and liquid.

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.
Common examples of industrial chemicals may include hydrogen, ammonia, industrial cleaners, and lubricants.

Industrial Chemicals Act 2019

Australian Industrial Chemicals Introduction Scheme

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.
The types of activities captured by this regulation may include, but are not limited to, vegetation clearing, waste disposal, pollution, and environmental incidents.

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

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

Regulates the import and export of goods to and from Australia.

Customs Act 1901

Australian Border Force - How to import

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

Customs Tariff Act 1995
Customs (Korean Rules of Origin) Regulation 2014
Customs (International Obligations) Regulation 2015

Free Trade Agreement – Department of Foreign Affairs and Trade – Korea – Australia Free Trade Agreement
Implementing legislation – Australian Border Force - Korea

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
Customs (Singaporean Rules of Origin) Regulations 2017
Customs (International Obligations) Regulation 2015 

Free Trade Agreement – Department of Foreign Affairs and Trade – Singapore - Australia Free Trade Agreement

Implementing legislation – Australian Border Force – Singapore

Regulates Australia’s requirements for exporting hydrogen and ammonia to Japan under the Japan – Australia Economic Partnership Agreement (JAEPA)
This free trade agreement is between Australia and Japan

Customs Act 1901

Customs Tariff Act 1995

Customs (Japanese Rules of Origin) Regulations 2014

Customs (International Obligations) Regulation 2015

Free Trade Agreement – Department of Foreign Affairs and Trade - Japan-Australia Economic Partnership Agreement

Implementing legislation – Australian Border Force – Japan

Regulates Australia’s requirements for exporting hydrogen and ammonia in respect of the Regional Comprehensive Economic Partnership.
This is a free trade agreement between:

  • Australia
  • Brunei​
  • China
  • Cambodia
  • Indonesia
  • Korea
  • Japan
  • Laos
  • Malaysia
  • Myanmar
  • New Zealand
  • Philippines
  • Singapore
  • Thailand
  • Vietnam

Customs Act 1901

Customs Tariff Act 1995
Customs (Regional Comprehensive Economic Partnership Agreement Rules of Origin) Regulations 2021
Customs Tariff Regulations 2004 –
Customs (International Obligations) Regulation 2015

Free Trade Agreement – Department of Foreign Affairs and Trade - Regional Comprehensive Economic Partnership Agreement

Implementing legislation – Australian Border Force – Regional Comprehensive Economic Partnership Agreement

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:

  • Australia
  • Brunei Darussalam
  • Canada
  • Chile
  • Japan
  • Malaysia
  • Mexico
  • Peru
  • New Zealand
  • Singapore
  • Vietnam

Customs Act 1901

Customs Tariff Act 1995

Customs (Trans-Pacific Partnership Rules of Origin) Regulations 2018
Customs Tariff Regulations 2004 – In Particular, Schedule 3
Customs (International Obligations) Regulation 2015

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.

Thanks for your feedback.
Thanks! Your feedback has been submitted.

We aren't able to respond to your individual comments or questions.
To contact us directly phone us or submit an online inquiry

CAPTCHA
This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.

Please verify that you are not a robot.

Skip

Footer

  • Contact us
  • Accessibility
  • Disclaimer
  • Privacy
  • FOI
Last updated: 01 May 2023

© Department of Climate Change, Energy, the Environment and Water

We acknowledge the Traditional Owners of country throughout Australia and recognise their continuing connection to land, waters and culture. We pay our respects to their Elders past, present and emerging.