Victorian Consolidated Legislation

Electricity Industry Act 2000 - SECT 19

Grant or refusal of application

19. Grant or refusal of application





(1) Subject to subsections (2) and (3) the Commission may grant or refuse an
application for the issue of a licence for any reason it considers
appropriate, having regard to the objectives of the Commission under this Act
and under the Essential Services Commission Act 2001.

(2) The Commission must not grant an application for the issue of a licence
unless the Commission is satisfied that-

   (a)  subject to subsection (3), in the case of an application for a licence
        to sell electricity, the applicant is financially viable; and

   (b)  subject to subsection (4), the applicant has the technical capacity to
        comply with the conditions of the licence.





(3) The Commission does not have to be satisfied as to the applicant's
financial viability, if the applicant is applying for a licence which includes
a condition requiring compliance with the National Electricity Rules and the
Rules include prudential requirements.

(4) The Commission does not have to be satisfied as to the applicant's
technical capacity to comply with the conditions of the licence at the time it
is issued if-

   (a)  the activities specified in the licence are not likely to be commenced
        to be carried out within the next following 12 months; and

   (b)  the application is granted subject to such conditions as are decided
        by the Commission relating to further approval of the applicant's
        technical capacity or approval of future facilities necessary for the
        carrying out of the activities.



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(6) The Commission must publish a notice in a daily newspaper generally
circulating in Victoria-



   (a)  specifying that an application for a licence in respect of the
        relevant activity has been lodged with the Commission by the person
        specified in the notice; and

   (b)  inviting interested persons to make submissions to the Commission in
        respect of the application within the period and in the manner
        specified in the notice.

(7) Subject to this section and any requirements specified in regulations made
for the purposes of this section under section 119, the Commission may decide
the procedures that are to apply in respect of the issue of licences.

(8) The Commission must notify an applicant in writing of its decision to
grant or refuse to grant the application and, in the case of a decision to
refuse to grant the application, of the reasons for its decision.