Victorian Consolidated Legislation

Electricity Industry Act 2000 - SECT 40M

Ministerial declaration of small renewable energy generation electricity prices, terms or conditions

40M. Ministerial declaration of small renewable energy generation electricity
prices, terms or conditions



(1) This section applies if the Minister receives a report from the Commission
under-

   (a)  section 40J containing ESC recommended prices, terms and conditions;
        or

   (b)  section 40L containing ESC determined prices, terms and conditions.

(2) The Minister, by notice published in the Government Gazette, may declare
that-

   (a)  ESC recommended prices, terms and conditions apply to the purchase of
        small renewable energy generation electricity by the relevant licensee
        named in the declaration whose prices, terms and conditions were
        assessed by the Commission as not being fair and reasonable;





   (b)  ESC determined prices, terms and conditions apply to the purchase of
        small renewable energy generation electricity by a non-complying
        licensee named in the declaration.

(3) ESC recommended prices, terms and conditions that have been declared to
apply to the purchase of small renewable energy generation electricity-

   (a)  supersede the referred prices, terms and conditions the Commission has
        assessed in a report under section 40J as not being fair and
        reasonable; and

   (b)  take effect on-

   (i)  the day the notice is published in the Government Gazette; or

   (ii) if the notice specifies a later day, that day.

(4) ESC determined prices, terms and conditions that have been declared to
apply to the purchase of small renewable energy generation electricity take
effect on-

   (a)  the day the notice is published in the Government Gazette; or

   (b)  if the notice specifies a later day, that day.

(5) A licence to sell electricity held by a relevant licensee named in a
declaration under this section is deemed to include a condition requiring that
licensee to offer to purchase all small renewable energy generation
electricity from a relevant generator at the prices, and on the terms and
conditions, declared under that declaration to apply to those purchases.