Hydrogen regulatory map

• Sets out process requirements for access, use, and protection
  of Aboriginal land.
• Applies to hydrogen projects if there is Aboriginal land in the scope of the project.
• The Act (amongst other things) recognises Traditional Landowners as decision makers. The NT land councils must also be consulted regarding the affected communities.
• The Act (amongst other things) requires permits to be obtained for projects on Aboriginal land.
• Additionally, there are some specific protections for Aboriginal land, for example:
  • roads cannot be built on Aboriginal land without the consent of Traditional Landowners
  • damaging sacred sites is an offence, and
  • entering Aboriginal land, outside common areas on communities, without a permit is an offence.

Department of the Chief Minister and Cabinet
Permits are managed by the 4 NT land councils (Northern Land Council, Central Land Council, Tiwi Land Council, and the Anindilyakwa Land Council)

• Hydrogen production facility
• Hydrogen refuelling station
• Hydrogen use in production
• Hydrogen mobility and cargo
• Electricity generation (using hydrogen)
• Hydrogen export
• Naturally occurring hydrogen extraction

• Applies where hydrogen use to power hydrogen fuel-cells falls within the definition of 'prescribed fuel' in the Act.
• Sets out various consumer protections, in relation to 'goods' and services. The term 'goods' is defined to include 'gas'.
• The Act and Regulations (amongst other things) require, in relation to service stations supplying compressed hydrogen for retail sale:
  • registration of service stations with MyFuel NT (the mandatory retail fuel price reporting scheme)
  • reporting requirements for the MyFuel NT platform, and
  • fuel price display requirements.

Attorney-General's Department

• Hydrogen refuelling station
• Hydrogen mobility and cargo

• Applies to hydrogen (and some of its associated products) that fall within the definition of 'dangerous goods' in the Act.
• The Act and Regulations include general duties for persons:
  • involved in the handling of dangerous goods
  • who manufacture, import or supply dangerous goods
  • who design, manufacture, import, supply or sell plant, containers, vehicles, buildings or structures used in the handling of dangerous goods
  • who erect or install plant, containers, vehicles, buildings, or structures used in the handling of dangerous goods, and
  • in charge of a building or structure (including fixtures and fillings under their control), plant, containers or vehicles used in the handling of dangerous goods.

Note: The Act and Regulations do not apply to an activity to the extent that the activity is regulated by the:

• Work Health and Safety (National Uniform Legislation) Act 2011, or
• Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 (NT).

Attorney-General's Department

• Hydrogen production facility
• Hydrogen refuelling station
• Hydrogen use in production
• Hydrogen mobility and cargo
• Electricity generation (using hydrogen)
• Hydrogen export
• Naturally occurring hydrogen extraction

• Applies to the operation of a hydrogen production facility, as it sets out safety requirements relating to electrical installations and electricity infrastructure, which will be utilised to operate the facility.
• It will also apply if the hydrogen will be produced utilising the generation of electricity that is generated onsite or adjacent to the hydrogen production facility.
• Further, the Act and Regulations (amongst other things) require projects generating electricity to be licenced.

Department of Mining and Energy
Department of Treasury and Finance

• Hydrogen production facility
• Electricity generation (using hydrogen)

• Sets out safety requirements relating to electrical installations and electricity infrastructure, which will be utilised to operate a hydrogen production facility and/or a hydrogen-powered electricity generation facility.
• The Act and Regulations (amongst other things) have specific safety requirements including:
  • who can do electrical work
  • duties of owners of electrical equipment and duties of persons in control of electrical equipment
  • duties of persons procuring and doing electrical work, including duties as to safety, notifications of incidents and compliance certificates, inspections, and
  • the nature of what is electrical work, electrical installations and appliances.

Attorney-General's Department

• Hydrogen production facility
• Electricity generation (using hydrogen)

• Regulates the construction, operation, maintenance, and cessation of use/abandonment of pipelines used to transport hydrogen that is blended to form a hydrocarbon.
• The Act and Regulations (amongst other things):
  • requires a person to obtain a permit granted by the minister to construct a pipeline
  • establishes a licensing regime under which a person is required to hold a licence to construct, alter or reconstruct a pipeline and to operate a pipeline, and
  • requires the construction of a pipeline to comply with certain standards, specifications, and conditions.

Department of Mining and Energy

• Hydrogen production facility
• Hydrogen refuelling station
• Hydrogen use in production
• Electricity generation (using hydrogen)

• May apply to all hydrogen project types, including, but not limited to, activities undertaken during construction, operation, and land rehabilitation at cessation.
• The Act and Regulations will require (amongst other things):
  • environmental management by way of an environmental impact assessment, and
  • approval system to ensure the project (as a project that has a significant impact on the environment) is subject to appropriate assessment and approval processes.
• An important concept in the Act is 'environmental harm', which is defined generally as direct or indirect alteration of the environment to its detriment or degradation, of any degree or duration, whether temporary or permanent (and regulations may specify alterations to which the definition applies). There are a number of offences for conduct resulting in environmental harm.

Department of Lands, Planning and Environment

• Hydrogen production facility
• Hydrogen refuelling station
• Hydrogen use in production
• Hydrogen mobility and cargo
• Electricity generation (using hydrogen)
• Hydrogen export
• Naturally occurring hydrogen extraction

• Applies to all hydrogen project types with implications for fire and emergency response.
• The Act and Regulations will (amongst other things) apply to hydrogen-related fire and emergency response activities, including:
  • construction of a hydrogen facility (for example emergency planning)
  • storage and use of hydrogen (for example proper storage of flammable or combustible material), and
  • in relation to hydrogen fuel cells, buildings, vehicles, and vessels.

Northern Territory Fire and Emergency Services

• Hydrogen production facility
• Hydrogen refuelling station
• Hydrogen use in production
• Hydrogen mobility and cargo
• Electricity generation (using hydrogen)
• Hydrogen export
• Naturally occurring hydrogen extraction

• Applies to transport of hydrogen by sea (within the NT) to the facility where it will be used.
• This Act (amongst other things) requires 'commercial operations' to be licenced and licensees are required to comply with (amongst other things) applicable laws relating to the maintenance and operation of the vessel.

Department of Logistics and Infrastructure

• Hydrogen use in production

• Applies to the registration of, and licences to drive, hydrogen powered vehicles.
• The Act, Regulations and rules (amongst other things) require:
  • vehicles to be registered
  • the driver to be licensed, specific to the class of vehicle
  • adherence to safety requirements of the vehicle.
• The rules set out specific label requirements to ensure that hydrogen powered vehicles can be identified as such. In an emergency, these labels assist responders to identify the vehicle’s fuel type so they can respond quickly and appropriately.

Department of Logistics and Infrastructure

• Hydrogen mobility and cargo

• Sets out the procedure for the registration and protection of sacred sites and prescribes how to protect sacred sites in planning for the development and use of land.
• Applies to all hydrogen project types that include activities on sacred sites.
• The Act (amongst other things) requires express approval of the custodian of the sacred site, the authority or the minister to access sacred sites.

Aboriginal Areas Protection Authority

• Hydrogen production facility
• Hydrogen refuelling station
• Hydrogen use in production
• Hydrogen mobility and cargo
• Electricity generation (using hydrogen)
• Hydrogen export
• Naturally occurring hydrogen extraction

• Regulates the governance and obligations relating to the access to pipelines used to transport 'covered gases' (which includes hydrogen and hydrogen blends).
• It follows that the National Gas Law  will apply to pipelines used for the haulage of hydrogen and blended hydrogen that fall.
• The Act, Regulations and rules (amongst other things) require the classification of certain pipelines as scheme pipelines or non-scheme pipelines and sets out requirements relating to access regimes.

Department of Mining and Energy

• Hydrogen production facility
• Hydrogen refuelling station
• Hydrogen use in production
• Electricity generation (using hydrogen)

• Applies to the exploration for and production of hydrogen, to the extent that it falls within the definition of 'petroleum'. Hydrogen blended to become a hydrocarbon falls within the definition of 'petroleum'.
• The Act and Regulations (amongst other things) require all petroleum activities to have an approved environment management plan.

Department of Mining and Energy

• Hydrogen production facility

• The scheme establishes which land uses and developments require consent depending on the zoning of the land.
• A hydrogen project would likely require consent, and any development permit issued may include conditions to be complied with prior to the commencement of any works and ongoing for the life of the project.

Department of Lands, Planning and Environment

• Hydrogen production facility
• Hydrogen refuelling station
• Electricity generation (using hydrogen)
• Hydrogen export

• Applies to the transport of hydrogen by sea (within the NT) and the export of hydrogen.
• The Act and Regulations (amongst other things):
  • regulate the control and management of designated ports (including  requirements in relation to vessels carrying dangerous goods)
  • sets out pilotage requirements, which the Department of Logistics and Infrastructure describes as the 'most important risk control applied to the hazards associated with shipping in ports', and
  • regulates port access and pricing.
• Applies to hydrogen fuel cell vessels, as the reference to 'fuel' in the Act would include hydrogen whether for use in fuel cells located on the relevant vessel or as a fuel for an internal combustion engine located on the relevant vessel.
• Permits the port operator to direct the manner and position in which, and the times at which, within the port, fuel may be taken in or delivered from a vessel.

Department of Logistics and Infrastructure

• Hydrogen use in production
• Hydrogen mobility and cargo
• Hydrogen export

• Applies to the transport of hydrogen by rail for a hydrogen facility project because trains transporting hydrogen by rail, hydrogen-fuelled trains and railways and rail infrastructure used by hydrogen-fuelled trains, will be covered by the Rail Safety National Law.
• The national law (amongst other things) regulates:
  • rail safety duties for rail transport operators, rail safety workers and other persons who involved in rail infrastructure operations or rolling stock operations
  • accreditation requirements for rail transport operators in respect of rail safety operations (which may be subject to certain conditions or restrictions prescribed by the national regulations)
  • registration of rail infrastructure managers of private sidings, and
  • safety management, including systems, plans, programs and performance reporting.

Department of Logistics and Infrastructure

• Hydrogen production facility
• Hydrogen use in production
• Hydrogen mobility and cargo

• Applies to the transport of hydrogen by road or rail to the facility where it will be used.
• The Act and Regulations (amongst other things):
  • deals with inspections, searches and seizures relating to the transport of dangerous goods, including in relation to vehicles involved in a dangerous situation
  • imposes general duties to transport dangerous goods with care, and
  • makes it an offence to fail to ensure that dangerous goods transported by road or rail are transported in a safe way.

Attorney-General's Department

• Hydrogen production facility
• Hydrogen use in production
• Hydrogen mobility and cargo

• Applies to the disposal of waste relevant for constructing, installing, and operating hydrogen projects.
• The Act and Regulations (amongst other things) require environmental protection approval or licence to be obtained for processing hydrocarbons  to produce, store or despatch more than 500,000 tonnes annually of liquified natural gas or methanol.

Department of Lands, Planning and Environment

• Hydrogen production facility
• Hydrogen refuelling station
• Hydrogen use in production
• Hydrogen mobility and cargo
• Electricity generation (using hydrogen)
• Hydrogen export

• Applies if a hydrogen production facility intends to take water from a waterway or bore.
• The Act and Regulations (amongst other things) require a water extraction licence to extract water from a bore or waterway.

Department of Lands, Planning and Environment

• Hydrogen production facility

• Applies to the construction of a hydrogen production facility, the production of hydrogen, and the transport of hydrogen (other than transport via rail). It is also relevant to the storage, handling and export of hydrogen, ammonia, and other dangerous substances, even if the dangerous goods are not at a workplace or for use in carrying out work.
• The Act and Regulations (amongst other things) require:
  • general safety duties for persons conducting businesses, officers, workers, and other persons
  • dangerous incident notification procedures
  • the functions and powers of inspectors, and
  • available enforcement measures.
• The Regulations provide that specific licences and operator requirements apply to ‘major hazard facilities’, which are defined as facilities:
  • at which specified chemicals are or are likely to be present at a quantity that exceeds a threshold, or
  • that are determined by NT Worksafe  (as the work health authority) to be major hazard facilities.

Attorney-General's Department

• Hydrogen production facility
• Hydrogen refuelling station
• Hydrogen use in production
• Hydrogen mobility and cargo
• Electricity generation (using hydrogen)
• Hydrogen export
• Naturally occurring hydrogen extraction