Harnessing the Wind Down Under: Applying the UNCLOS Framework to the Regulation of Offshore Wind by Australia and New Zealand

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This article considers how the 1982 United Nations Convention on the Law of the Sea (UNCLOS) applies to the production of energy from wind in waters under national jurisdiction, with a focus on the nascent regulatory frameworks for offshore wind in Australia and New Zealand. It explores the particular characteristics of offshore wind—which raise different regulatory issues than traditional offshore activities such as fishing and oil and gas exploitation—and explores how key provisions of UNCLOS will affect the way in which coastal states regulate offshore wind in their waters. Against this backdrop, it considers how the international law framework might apply in the specific context of Australia and New Zealand, where domestic legal frameworks are currently being established to regulate vast and valuable offshore wind resources.