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This is a Bill, not an Act. For current law, see the Acts databases.
Clause Page
Electricity Industry (Further Amendment) Act 1996
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--GENERAL 1
1. Purpose 1
2. Commencement 2
PART 2--ELECTRICITY INDUSTRY ACT 1993 3
3. Principal Act 3
4. Power Net Victoria 3
5. New section 44A inserted 3
44A. Certain easements may be used for telecommunications
service 3
6. New section 157A inserted 4
157A. Co-generation facilities 4
7. New sections 158D and 158E inserted in Principal Act 4
158D. Wholesale electricity market rules 4
158E. Declaration altering effect of pool rules 5
8. Public Transport Corporation 5
9. Application for licence 5
10. Amendment of sections 163 and 164 6
11. New section 165A inserted 7
165A. Resolution of certain disputes 7
12. Amendment of section 167 7
13. Amendment of section 171 7
14. New section 171AA inserted 8
171AA. Application of Part to partnerships 8
15. Amendment of section 171A 9
16. Amendment of section 173 9
17. Amendment of section 175 10
18. Amendment of sections 180 and 181 11
19. Statute law revision 11
PART 3--AMENDMENT OF OTHER ACTS 12
20. State Electricity Commission Act 1958 12
21. Statute law revision 12
22. Leases under Land Act 1958 13
137AE. Lease granted to generation company 13
23. Land Act 1958 14
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Clause Page
140AA. Licence granted to generation company 14
24. Agreement with generation company 14
229. Agreement with generation company 14
25. Licences under Crown Land (Reserves) Act 1978 15
17BA. Licence granted to generation company 15
26. Lease of stratum of reserved land 15
27. Leases under Crown Land (Reserves) Act 1978 16
17DAA. Leases granted to generation company 16
28. Agreements under Crown Land (Reserves) Act 1978 16
18A. Agreement with a generation company--reserved land 17
29. Leases under Forests Act 1958 17
30. Licences under Forests Act 1958 18
31. Agreements under Forests Act 1958 18
32. Leases under Alpine Resorts Act 1983 19
33. Leases and licences under National Parks Act 1975 20
34. Agreements under National Parks Act 1975 21
NOTES 23
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531068B.I1-16/10/96 BILL LA INTRODUCTION 16/10/96
A BILL
to amend the Electricity Industry Act 1993 and the State Electricity
Commission Act 1958, to amend certain Acts to make further
provision for land entitlements for generation companies and for other
purposes.
Electricity Industry (Further
Amendment) Act 1996
The Parliament of Victoria enacts as follows:
PART 1--GENERAL
1. Purpose
The purpose of this Act is to make further
provision in relation to the rules relating to the
5 operation of the electricity supply industry.
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Electricity Industry (Further Amendment) Act 1996
s. 2
Act No.
2. Commencement
This Act comes into operation on the day on
which it receives the Royal Assent.
_______________
5
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Electricity Industry (Further Amendment) Act 1996
s. 3
Act No.
PART 2--ELECTRICITY INDUSTRY ACT 1993
No. 130/1993. 3. Principal Act
Reprinted to
No. 79/1995
In this Act, the Electricity Industry Act 1993 is
and
called the Principal Act.
subsequently
amended by
Nos 4/1996
and 8/1996.
5 4. Power Net Victoria
(1) In sections 13, 14, 15 and 16 of the Principal Act,
for "National Electricity" (wherever occurring)
substitute "Power Net Victoria".
(2) After section 15(2)(e) of the Principal Act,
10 insert--
"(f) may provide a telecommunications service
within the meaning of the
Telecommunications Act 1991 of the
Commonwealth;".
15 5. New section 44A inserted
After section 44 of the Principal Act insert--
"44A. Certain easements may be used for
telecommunications service
(1) Despite anything to the contrary in any Act
20 or instrument, an easement to which Power
Net Victoria is entitled may be used by
Power Net Victoria for the provision by it or
another person of a telecommunications
service within the meaning of the
25 Telecommunications Act 1991 of the
Commonwealth.
(2) Nothing in this Act authorises Power Net
Victoria to acquire compulsorily land or an
interest in land for the purposes only of a
30 telecommunications service within the
meaning of sub-section (1).".
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6. New section 157A inserted
After section 157 of the Principal Act insert--
"157A. Co-generation facilities
(1) The Office may, on the application of a
5 person or of its own motion, determine for
the purposes of this Act that facilities from
which generating capacity to which the
person is entitled is derived--
(a) are co-generation facilities; or
10 (b) are not co-generation facilities.
(2) Section 179 applies to sub-section (1) and to
a determination under that sub-section as if a
reference in section 179 to Part 13 included a
reference to this section.".
15 7. New sections 158D and 158E inserted in Principal Act
After section 158C of the Principal Act insert--
"158D. Wholesale electricity market rules
(1) The Governor in Council, by Order
published in the Government Gazette, may,
20 in accordance with a recommendation of the
Treasurer under this section, make rules to
facilitate the operation of a wholesale market
for trading in electricity.
(2) The Treasurer may recommend the making
25 of rules under sub-section (1) if satisfied that
it is necessary or desirable to make the rules
to facilitate the operation of a wholesale
market for trading in electricity between
persons in Victoria and persons in one or
30 more other States or Territories.
(3) Rules made under sub-section (1) have effect
as if they formed part of the pool rules but
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may not be amended except by rules made
under this section.
(4) If a provision of the pool rules is inconsistent
with a provision of rules made under sub-
5 section (1), the provision of the pool rules
has no effect while the other provision is in
force.
(5) A rule made under this section is an exempt
instrument within the meaning of section
10 4(4) of the Subordinate Legislation Act
1994.
158E. Declaration altering effect of pool rules
(1) The Governor in Council may include in an
Order under section 158D a declaration that
15 the pool rules have effect as if amended as
specified in the declaration.
(2) The pool rules have effect in accordance
with a declaration under sub-section (1)
except in so far as a later amendment
20 (whether or not made under this Act)
otherwise provides.".
8. Public Transport Corporation
After section 159(5) of the Principal Act insert--
"(6) This section does not prohibit the
25 transmission, distribution or supply of
electricity by and for the use of the Public
Transport Corporation.".
9. Application for licence
After section 162(2A) of the Principal Act
30 insert--
"(2AA) The Office does not have to be satisfied as to
the matter specified in sub-section (2)(d) if,
having regard to the conditions to which the
licence to be granted to the applicant will be
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subject, the Minister so approves at the
request of the Office.".
10. Amendment of sections 163 and 164
(1) After section 163(2) of the Principal Act insert--
5 "(2A) If a licence is issued to 2 or more persons for
the purpose of the carrying on by those
persons of the activities authorised by the
licence in partnership or as an
unincorporated joint venture, the licence may
10 include conditions relating to the carrying on
of those activities in that manner.".
(2) In section 163(3) of the Principal Act, after "sub-
section (2)" insert "or (2A)".
(3) After section 163(3)(d) of the Principal Act
15 insert--
"(da) specifying requirements about the ownership
of real or personal property used in or in
connection with the carrying on of the
activities authorised by the licence;".
20 (4) In section 163(6)(b) of the Principal Act, for "any
other licensee" substitute "any other person".
(5) After section 163(6) of the Principal Act insert--
"(7) If the Office amends an industry code or the
pool rules or a document referred to in a
25 code or the rules under sub-section (6), the
Office may at the same time, in accordance
with procedures specified by the Office,
amend that code or those rules or that
document for the purposes of their
30 application otherwise than under the
licence.".
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(6) In section 164(3) of the Principal Act, after
"supply electricity" insert "(other than a licence to
which an approval under section 162(2AA)
applies)".
5 11. New section 165A inserted
After section 165 of the Principal Act insert--
"165A. Resolution of certain disputes
The Office may resolve, or seek to resolve,
in accordance with the pool rules, disputes
10 between 2 or more other persons, none of
whom are licensees, relating to the operation,
as between those persons, of an industry
code or the pool rules."
12. Amendment of section 167
15 After section 167(7) of the Principal Act insert--
"(7A) The Office does not have to be satisfied as to
the matter specified in sub-section (6)(c) if,
having regard to the conditions to which the
licence will be subject upon the transfer of
20 the licence, the Minister so approves at the
request of the Office.".
13. Amendment of section 171
(1) In section 171(1) of the Principal Act, in
paragraph (b) of the definition of "licensee", omit
25 "or to distribute or supply electricity".
(2) After section 171(9) of the Principal Act insert--
"(9A) A person is not, under sub-section (9),
entitled to generating capacity if the
entitlement arises only because of the
30 person's traced interest in generating
capacity of a licensee or because the person
and a licensee are parties to a relevant
agreement.".
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14. New section 171AA inserted
After section 171 of the Principal Act insert--
'171AA. Application of Part to partnerships
(1) In this section--
5 "partner" includes member of an
unincorporated joint venture;
"partnership" includes unincorporated joint
venture.
(2) This Part applies to partnerships, and
10 partners, as if a partnership were a
corporation and a partner were a member of
a corporation.
(3) For the purposes of this Part--
(a) a partnership is deemed to be a
15 corporation and a person;
(b) a partner is deemed--
(i) to be a member of the corporation;
and
(ii) to hold shares bearing the same
20 proportion to all the shares in the
corporation as the partner's right
to receive a distribution of profits
of the partnership bears to the sum
of the rights of partners to receive
25 such distributions;
(c) rights and powers of a partner in
respect of the partnership, including
voting rights and rights to dispose of
interests in the partnership or the
30 partnership property are deemed to be
rights and powers of a member of a
corporation attached to and conferred
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by that member's shares in the
corporation;
(d) the committee of management (by
whatever name called) of a partnership
5 is deemed to be the board of directors
of the partnership;
(e) a meeting of the partners of a
partnership is deemed to be a general
meeting of a corporation.
10 (4) For the purposes of this Part and its
application to a partnership, "licensee"
includes a partnership the members of which
are the holders of a licence to generate
electricity for supply or sale or to distribute
15 or supply electricity.'.
15. Amendment of section 171A
In section 171A(a) of the Principal Act, after
"12(1)(e)" insert "or section 15(1)".
16. Amendment of section 173
20 (1) In section 173(4) of the Principal Act--
(a) after "distribution company" insert "or a
person who has a controlling interest in a
distribution company";
(b) for "it" substitute "the company or person".
25 (2) In section 173 of the Principal Act, for sub-section
(8) substitute--
"(8) For the purposes of this Part--
(a) a licensee is not capable of having a
prohibited interest in itself; and
30 (b) if 2 or more licensees are carrying on
activities under their licences in the
same business undertaking, one of
those licensees is not capable of having
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a prohibited interest in another of those
licensees.".
17. Amendment of section 175
(1) After section 175(4) insert--
5 "(4A) If--
(a) a person served with a notice of a
determination under sub-section (1)
requiring the person to dispose of
shares fails to comply with the notice
10 within the period specified in the
notice; and
(b) the person is a member of a partnership
and the shares are an interest in the
partnership; and
15 (c) the person is one of 2 or more persons
constituting a licensee--
the Office may, by notice in writing given to
the licensee, revoke the licence.".
(2) In section 175 of the Principal Act--
20 (a) sub-sections (5) and (6) are repealed;
(b) in sub-section (7), paragraph (b) is repealed.
(3) After section 175(7) of the Principal Act insert--
'(8) If the Office--
(a) makes a determination under section
25 174(3); or
(b) forms the opinion--
that a person (in this section referred to as
"the offender") has a prohibited interest
because of the circumstances referred to in
30 section 171(7)(d), the Office may, by notice
in writing served on the offender, determine
that the offender--
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(c) must desist from dominating or
controlling the relevant corporation, the
financial and operating policies or
management of the corporation or the
5 activities of the corporation as a
licensee; and
(d) must terminate a relevant agreement--
to the extent necessary to prevent it having a
prohibited interest, within a period specified
10 in the notice, not being less than 3 months
after service of the notice.'.
18. Amendment of sections 180 and 181
In the Principal Act--
(a) in section 180(4), omit "or 175(6)";
15 (b) in section 181, for all words and expressions
after "forfeiture and sale" substitute "be paid
to the person from whom the shares were
forfeited".
19. Statute law revision
20 In section 3(1) of the Principal Act, in the
definition of "Office", for "Electoral" substitute
"Electrical".
_______________
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PART 3--AMENDMENT OF OTHER ACTS
20. State Electricity Commission Act 1958
No. 6377
In section 15(4) of the State Electricity Reprinted to
Commission Act 1958, after "necessary or No .79/1995
and
5 expedient" insert "or to limit the generating subsequently
capacity of the power station at Newport or to amended by
No. 8/1996.
require that any act or thing be done, or cease, at
or before a particular time".
21. Statute law revision
No. 6377.
10 In the State Electricity Commission Act 1958-- Reprinted to
No. 79/1995
(a) in section 3(1), in the definition of "chief and
electrical inspector" for "same meaning as subsequently
amended by
in" substitute "same meaning as "Office" No. 8/1996.
has in Part 4 of";
15 (b) Part IV is repealed.
(c) in section 51(14), after "inspector" insert "or
a prescribed person";
(d) in section 57A, in the definition of
"inspector", for "chief electrical inspector"
20 (where first occurring) substitute "person
appointed as chief electrical inspector under
section 60 of the Electricity Industry Act
1993";
(e) in section 58, in the definition of
25 "Commission assets" for "an distribution"
substitute "a distribution";
(f) in section 59(2), before "relevant" insert
"Commission or";
(g) in section 64(1), for "The the" substitute
30 "the";
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(h) in section 84(2), for "(e)" substitute "(d)";
(i) in section 85B(1), after "request" insert "of".
22. Leases under Land Act 1958
After section 137AD of the Land Act 1958
5 insert--
"137AE. Lease granted to generation company
(1) Section 134A(2)(a) does not apply in respect
of a lease of a stratum of Crown land if the
lease is granted to a generation company
10 within the meaning of the Electricity
Industry Act 1993 and is in respect of land
used for the purposes of the generation of
electricity for supply or sale.
(2) Section 137 does not apply to a lease of
15 Crown land if the lease is granted to a
generation company within the meaning of
the Electricity Industry Act 1993 and is in
respect of land used for the purposes of the
generation of electricity for supply or sale.
20 (3) A lease granted to a generation company
within the meaning of the Electricity
Industry Act 1993 in respect of land used
for the purposes of the generation of
electricity for supply or sale does not bring
25 the land under the operation of the Transfer
of Land Act 1958, despite anything to the
contrary in that Act, if that lease includes a
provision referring to this section and
expressly stating that the land is not brought
30 under the operation of that Act.".
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23. Land Act 1958
No. 6284.
After section 140 of the Land Act 1958, insert-- Reprinted to
No. 48/1993
"140AA. Licence granted to generation company and
subsequently
Despite section 140(b), a licence may be amended by
5 granted under section 138 for a term not Nos 79/1993,
126/1993,
exceeding 99 years if the licence is granted 130/1993,
to a generation company within the meaning 6/1994,
18/1994,
of the Electricity Industry Act 1993 and is 31/1994,
in respect of land used for the purposes of 52/1994,
75/1994,
10 the generation of electricity for supply or 89/1994,
sale.". 96/1994 and
82/1995.
24. Agreement with generation company
After section 228 of the Land Act 1958 insert--
"229. Agreement with generation company
15 (1) The Minister may enter into an agreement
with a generation company within the
meaning of the Electricity Industry Act
1993 to--
(a) manage and control; or
20 (b) carry out duties functions and powers
related to the generation of electricity
for the purposes of supply or sale on--
any Crown land which is used for the
purposes of or in connection with the
25 generation of electricity for the purposes of
supply or sale.
(2) An agreement under sub-section (1)--
(a) must be in writing; and
(b) may be amended from time to time or
30 terminated by further written agreement
between the parties.
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(3) An agreement under sub-section (1) must
contain provisions with respect to the
protection and conservation of the land
subject to the agreement.".
5 25. Licences under Crown Land (Reserves) Act 1978
After section 17B of the Crown Land (Reserves)
Act 1978 insert--
"17BA. Licence granted to generation company
Despite section 17B(1)(a), a licence may be
10 granted under that section for a term not
exceeding 99 years if the licence is granted
to a generation company within the meaning
of the Electricity Industry Act 1993 and is
in respect of land used for the purposes of
15 the generation of electricity for supply or
sale.".
26. Lease of stratum of reserved land
After section 17D(5) of the Crown Land
(Reserves) Act 1978 insert--
20 "(6) A lease under sub-section (1) may be
granted--
(a) without being limited to a particular
stratum of reserved land; or
(b) for a stratum of reserved land.
25 (7) The Minister must not grant a lease under
sub-section (1) for a stratum of reserved land
unless he or she is satisfied that--
(a) each lessee for the time being under the
lease can obtain reasonable access to
30 and use of the land to be leased; and
(b) the granting of the lease would not
interfere with the exercise of rights by
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s. 27
Act No.
the registered proprietor, lessee or
licensee of other land; and
(c) provision has been made (in the lease
or otherwise) for any necessary rights
5 of support of the stratum or other land
or of any building or structure erected
or to be erected on those lands; and
(d) provision has been made (in the lease
or otherwise) for any necessary rights
10 for the passage or provision of services
(including drainage, sewerage, or the
supply of water, gas, electricity or
telephone) to or through the stratum,
where those rights are necessary for the
15 reasonable enjoyment of the stratum or
other land.
(8) The granting under sub-section (1) of a lease
of a stratum of reserved land is conclusive
proof of compliance with sub-section (7) in
20 respect of the lease.".
27. Leases under Crown Land (Reserves) Act 1978
After section 17D of the Crown Land (Reserves)
Act 1978 insert--
"17DAA. Leases granted to generation company
25 Despite section 17D(4)(a), a lease may be
granted under section 17D for a term not
exceeding 99 years if the lease is granted to a
generation company within the meaning of
the Electricity Industry Act 1993 and is in
30 respect of land used for the purposes of the
generation of electricity for supply or sale.".
28. Agreements under Crown Land (Reserves) Act 1978
After section 18 of the Crown Land (Reserves)
Act 1978 insert--
35
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"18A. Agreement with a generation company--
reserved land
(1) The Minister may enter into an agreement
with a generation company within the
5 meaning of the Electricity Industry Act
1993 to--
(a) manage and control; or
(b) carry out duties functions and powers
related to the generation of electricity
10 for the purposes of supply or sale on--
any reserved land which is used for the
purposes of or in connection with the
generation of electricity for the purposes of
supply or sale.
15 (2) An agreement under sub-section (1)--
(a) must be in writing; and
(b) may be amended from time to time or
terminated by further written agreement
between the parties.
20 (3) An agreement under sub-section (1) must
contain provisions with respect to the
protection and conservation of the land
subject to the agreement.".
29. Leases under Forests Act 1958
25 (1) In section 57B(1) and (2) of the Forests Act 1958
for "Governor in Council" substitute "Minister".
(2) After section 57B(2) of the Forests Act 1958
insert--
"(3) A lease under sub-section (1) may be
30 granted--
(a) without being limited to a particular
stratum of land; or
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(b) for a stratum of land.
(4) The Minister must not grant a lease under
sub-section (1) for a stratum of land unless
he or she is satisfied that--
5 (a) each lessee for the time being under the
lease can obtain reasonable access to
and use of the land to be leased; and
(b) the granting of the lease would not
interfere with the exercise of rights by
10 the registered proprietor, lessee or
licensee of other land; and
(c) provision has been made (in the lease
or otherwise) for any necessary rights
of support of the stratum or other land
15 or of any building or structure erected
or to be erected on those lands; and
(d) provision has been made (in the lease
or otherwise) for any necessary rights
for the passage or provision of services
20 (including drainage, sewerage, or the
supply of water, gas, electricity or
telephone) to or through the stratum,
where those rights are necessary for the
reasonable enjoyment of the stratum or
25 other land.
(5) The granting under sub-section (1) of a lease
of a stratum of land is conclusive proof of
compliance with sub-section (4) in respect of
the lease.".
30 30. Licences under Forests Act 1958
In section 57C(1) and (2) of the Forests Act 1958
for "Director-General" substitute "Minister".
31. Agreements under Forests Act 1958
(1) In section 57D(1) of the Forests Act 1958--
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(a) for "Director-General" substitute
"Minister"; and
(b) after "purposes of" (where secondly
occurring) insert "or in connection with".
5 (2) After section 57D(2) of the Forests Act 1958
insert--
"(2A) An agreement under sub-section (1) must
contain provisions with respect to the
protection and conservation of the land
10 subject to the agreement.".
32. Leases under Alpine Resorts Act 1983
(1) In section 28A(1) and (2) of the Alpine Resorts
Act 1983 for "Governor in Council" substitute
"Minister".
15 (2) After section 28A(2) of the Alpine Resorts Act
1983 insert--
"(3) A lease under sub-section (1) may be
granted--
(a) without being limited to a particular
20 stratum of land; or
(b) for a stratum of land.
(4) The Minister must not grant a lease under
sub-section (1) for a stratum of land unless
he or she is satisfied that--
25 (a) each lessee for the time being under the
lease can obtain reasonable access to
and use of the land to be leased; and
(b) the granting of the lease would not
interfere with the exercise of rights by
30 the registered proprietor, lessee or
licensee of other land; and
(c) provision has been made (in the lease
or otherwise) for any necessary rights
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of support of the stratum or other land
or of any building or structure erected
or to be erected on those lands; and
(d) provision has been made (in the lease
5 or otherwise) for any necessary rights
for the passage or provision of services
(including drainage, sewerage, or the
supply of water, gas, electricity or
telephone) to or through the stratum,
10 where those rights are necessary for the
reasonable enjoyment of the stratum or
other land.
(5) The granting under sub-section (1) of a lease
of a stratum of land is conclusive proof of
15 compliance with sub-section (4) in respect of
the lease.".
33. Leases and licences under National Parks Act 1975
(1) In section 30AA(1) and (2) of the National Parks
Act 1975 for "Governor in Council" substitute
20 "Minister".
(2) After section 30AA(2) of the National Parks Act
1975 insert--
"(3) A lease under sub-section (1) may be
granted--
25 (a) without being limited to a particular
stratum of land; or
(b) for a stratum of land.
(4) The Minister must not grant a lease under
sub-section (1) for a stratum of land unless
30 he or she is satisfied that--
(a) each lessee for the time being under the
lease can obtain reasonable access to
and use of the land to be leased; and
20
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s. 34
Act No.
(b) the granting of the lease would not
interfere with the exercise of rights by
the registered proprietor, lessee or
licensee of other land; and
5 (c) provision has been made (in the lease
or otherwise) for any necessary rights
of support of the stratum or other land
or of any building or structure erected
or to be erected on those lands; and
10 (d) provision has been made (in the lease
or otherwise) for any necessary rights
for the passage or provision of services
(including drainage, sewerage, or the
supply of water, gas, electricity or
15 telephone) to or through the stratum,
where those rights are necessary for the
reasonable enjoyment of the stratum or
other land.
(5) The granting under sub-section (1) of a lease
20 of a stratum of land is conclusive proof of
compliance with sub-section (4) in respect of
the lease.".
34. Agreements under National Parks Act 1975
(1) In section 30AB(1) of the National Parks Act
25 1975--
(a) for "Director" substitute "Minister"; and
(b) after "purposes of" (where secondly
occurring) insert "or in connection with".
(2) After section 30AB(2) of the National Parks Act
30 1975 insert--
"(2A) An agreement under sub-section (1) must
contain provisions with respect to the
protection and conservation of the land
subject to the agreement.".
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Act No.
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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