CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 70 Making of declaration
CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 70
Making of declarationScope
(1) This section applies if an application under section 68 has been made for declaration of a joint venture as a declared designated joint venture in relation to a facility.
Making of declaration
(2) After considering the application, the Regulator may, in writing, declare that the joint venture is a declared designated joint venture for the purposes of the application of this Act to the facility.
Criteria
(3) The Regulator must not make the declaration unless the Regulator is satisfied that:
(a) the joint venture passes the joint venture declaration test in relation to the facility; and
(b) the applicants have, and are likely to continue to have:
(i) the capacity; and
(ii) the access to information; and
(iii) the financial resources;
necessary for them to comply with obligations that will be imposed on them by this Act and the associated provisions if the declaration is made; and
(c) if a participant in the joint venture has previously been subject to obligations under this Act or the associated provisions--the participant has a satisfactory record of compliance with those obligations; and
(d) if the regulations specify one or more other requirements--those requirements are met.
Timing
(4) The Regulator must take all reasonable steps to ensure that a decision is made on the application:
(a) if the Regulator requires the applicants to give further information under subsection 69(1) in relation to the application--within 90 days after the applicants gave the Regulator the information; or
(b) otherwise--within 90 days after the application was made.
Refusal
(5) If the Regulator decides to refuse to make the declaration, the Regulator must give written notice of the decision to the applicants.