PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 49I
PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 49I
(1) Subject to
subsection (2), the Minister may, by notice in writing to a licensee,
cancel a wind farm licence if—
(a) the
Minister is satisfied that a condition of the licence has been breached; or
(b) the
Minister is not satisfied (on the basis of evidence provided by the licensee)
that the licensee has achieved the critical progress milestones specified in
subsection (3); or
(c) the
licensee requests the cancellation.
(2) The Minister
cannot cancel a licence under subsection (1)(a) unless satisfied—
(a) that
the licensee has been allowed a reasonable opportunity to make good the breach
but has failed to do so; or
(b) that
cancellation is necessary in order to prevent, arrest or minimise damage to or
deterioration of land associated with the wind farm.
(3) For the purposes
of subsection (1)(b) the following critical progress milestones must be
achieved by a licensee:
(a)
within 3 years after the grant of the licence, the licensee must—
(i)
have financing for construction of the major components
of the wind farm approved; and
(ii)
have executed contracts for the construction of the major
components of the wind farm;
(b)
within 5 years after the grant of the licence, the licensee must have all
wind turbines erected and have completed the turbine commissioning tests.
(4) Subject to the
regulations, no compensation is payable by the Crown in respect of the
cancellation of a licence under this section.