ELECTRICITY INDUSTRY (RESIDUAL PROVISIONS) ACT 1993 No. 130 of 1993 Version incorporating amendments as at 16 November 2007 Electricity Industry (Residual Provisions) Act 1993 - TABLE OF PROVISIONS Section Page PART 1-PRELIMINARY 1. Purpose 2. Commencement 3. Definitions 4. Subsidiary 4A. Application of Act to certain distribution, transmission and generation companies 5. Crown to be bound 6. Extra-territorial operation PART 2-THE ELECTRICITY CORPORATIONS Division 1-Repealed 7-12B. Repealed Division 2-Directions as to electricity supply system 13-18. Repealed 19. Regulations may provide for compensation for certain loss Division 3-Repealed 20-25. Repealed Division 4-General provisions applying to electricity corporations 26. Directions 27. Repealed Division 5-Financial 28. Borrowing and investment by electricity corporation 29. Payments in respect of financial obligations Division 6-General 30. Duties of directors 31. Minister may bring proceedings 32. Electricity corporation not to make loans to directors 33. Indemnity 34. Repealed 35. Corporate plan 36. Statement of corporate intent: contents 36A. Electricity corporations to act in accordance with corporate plan 37. Non-commercial functions 38. Dividends 39-41. Repealed PART 2A-Repealed 41A-41M Repealed PART 3-PROPERTY AND WORKS 42AA. Definition 42-42B. Repealed 43. Certain rights deemed to be easements appurtenant to lands of electricity corporation 44-47. Repealed 47A. Application of Mineral Resources Development Act 1990 to generation companies or SEC PARTS 3A, 3AA-Repealed 47B-47W Repealed PART 4-THE ADMINISTRATOR Division 1-The Administrator 48. Appointment of Administrator 49. Vacancy etc. in office of Administrator 49A. Deputy Administrator 49B. Resignation and removal 49C. Functions and powers 50. Staff of Administrator 51. Functions and powers 52. Delegation 53. Directions 54. Repealed Division 2-Repealed 55-61. Repealed PART 5-TRANSFER OF PROPERTY OF SEC Division 1-Allocation of property 62. SEC to prepare allocation statement 62A. Further allocation of property rights and liabilities 62AA. Minister may direct transfer of property 63. Certificate of Administrator Division 1A-Transfer of certain liabilities 63A. Allocation statement 63B. Certificate of Administrator 63C. Liabilities transferred to electricity corporation 63D. Meaning of appointed day in Division 2. Division 2-Transfer of property 64. Property transferred to electricity corporation 65. Property transferred to SEC company 66. Property transferred to State 66A. Property transferred to other persons 67. Allocation of property etc. subject to encumbrances 68. Value of transferred property 69. Substitution of party to agreement 70. SEC instruments 71. Proceedings 71A. Criminal proceedings 72. Interests in land 73. Amendment of Register 74. Taxes 75. Evidence 76. Validity of things done under this Act Division 3-Financial obligations of SEC 77. Financial obligations of SEC 78. Electricity corporations to make payments to SEC Division 4-Repealed 79. Repealed PART 6-STAFF 80. Definitions 81. List of SEC staff 82. Transfer of SEC staff 83. Future terms and conditions of transferred employees 84. Superannuation PART 6A-Repealed PART 7-GENERAL 84A. Public distribution company, public transmission company and public generation company 84AAA. Certain assets not to be fixtures 84AA. Financial benefits given on arm's length terms 84AB. Sale of Land Act 1962. 84AC. Building Act 1993. 84B. Persons dealing with electricity corporations or VPX 84C. Reports to Treasurer 84D, 84E Repealed 85. Delegation by Minister and Treasurer 86. Agreements about certain matters 87. Service of documents on electricity corporation 88. Evidence of documents 89. Repealed 90. Treasurer may give guarantee 91. Trade Practices Act 1974 of the Commonwealth 91AA. Repealed 91A. Exemption from Freedom of Information Act 91AB. Ombudsman Act 1973 not to apply 91AC. Obligations under certain contracts 91B. Debt proceedings 91C. Repealed 92. Regulations PART 8-TRANSITIONAL 93. Repealed 94. Generation Victoria successor of State Body 95-97. Repealed PART 9-TRANSFER OF PROPERTY AND STAFF OF NATIONAL ELECTRICITY Division 1-Definitions 98. Definitions Division 2-Allocation of property 99. Minister may direct National Electricity to transfer property 100. Certificate of chief executive officer Division 3-Transfer of property 101. Property transferred to nominee 102. Allocation of property etc. subject to encumbrances 103. Value of former National Electricity property 104. Substitution of party to agreement 105. National Electricity instruments 106. Proceedings 106A. Criminal proceedings 107. Interests in land 108. Amendment of Register 109. Taxes 110. Evidence 111. Validity of things done under this Part Division 4-Repealed 112. Repealed Division 5-Staff 113. List of National Electricity staff 114. Transfer of National Electricity staff 115. Future terms and conditions of transferred employees 115A. Repealed PART 10-TRANSFER OF PROPERTY AND STAFF OF ESV TO DISTRIBUTION COMPANIES Division 1-Definitions 116. Definitions Division 2-Allocation of property 117. ESV to prepare allocation statement 118. Certificate of Administrator Division 3-Transfer of property 119. Property transferred to distribution company 120. Allocation of property etc. subject to encumbrances 121. Value of former ESV property 122. Substitution of party to agreement 123. ESV instruments 124. Proceedings 124A. Criminal proceedings 125. Interests in land 126. Amendment of Register 127. Taxes 128. Evidence 129. Validity of things done under this Part Division 4-Repealed 130. Repealed Division 5-Staff 131. List of ESV staff 132. Transfer of ESV staff 133. Future terms and conditions of transferred employees 134. Repealed PART 11-TRANSFER OF MUNICIPAL ELECTRICAL UNDERTAKINGS TO DISTRIBUTION COMPANIES Division 1-Definitions 135. Definitions Division 2-Agreement 136. Agreement with respect to transfer of property and staff of MEUs Division 3-Allocation of property 137. Allocator to prepare allocation statement 138. Certificate of Administrator Division 4-Transfer of property 139. Property transferred to distribution company 140. Allocation of property etc. subject to encumbrances 141. Value of former MEU property 142. Substitution of party to agreement 143. MEU instruments 143A. Proceedings 144. Interests in land 145. Amendment of Register 146. Taxes 147. Evidence 148. Validity of things done under this Part Division 5-Repealed 149. Repealed Division 6-Staff 150. List of MEU staff 151. Transfer of MEU staff 152. Future terms and conditions of transferred MEU staff members 153. Repealed PART 11A-TRANSFER OF PROPERTY AND STAFF OF GENERATION VICTORIA Division 1-Definitions 153A. Definitions Division 2-Allocation of property 153B. GV to prepare allocation statement 153C. Certificate of Administrator Division 3-Transfer of property 153D. Property transferred to generation company 153E. Allocation of property etc. subject to encumbrances 153F. Value of former GV property 153G. Substitution of party to agreement 153H. Criminal proceedings 153I. GV instruments 153J. Proceedings 153K. Interests in land 153L. Amendment of Register 153M. Taxes 153N. Evidence 153O. Validity of things done under this Part Division 4-Repealed 153P. Repealed Division 5-Staff 153Q. List of GV staff 153R. Transfer of GV staff 153S. Future terms and conditions of transferred employees 153T. Repealed PART 11AB-TRANSFER OF CERTAIN PROPERTY AND STAFF OF LOY YANG POWER LTD Division 1-Definitions and application 153TA. Definitions and application Division 2-Allocation of property 153TB. LYP to prepare allocation statement 153TC. Certificate of Administrator Division 3-Transfer of property 153TD. Property transferred 153TE. Allocation of property etc. subject to encumbrances 153TF. Substitution of party to agreement 153TG. LYP instruments 153TH. Proceedings 153TI. Interests in land 153TJ. Amendment of Register 153TK. Evidence 153TL. Validity of things done under this Part Division 4-Staff 153TM. List of LYP staff 153TN. Transfer of LYP staff 153TO. Future terms and conditions of transferred employees 153TP. Superannuation PART 11AC-TRANSFER OF CERTAIN PROPERTY AND STAFF OF NOMINATED TRANSFEROR COMPANIES Division 1-Definitions and applications 153TQ. Definitions 153TR. Nomination of transferor company Division 2-Allocation of property 153TS. TCO to prepare allocation statement 153TT. Certificate of Administrator Division 3-Transfer of property 153TU. Property transferred 153TUA. Value to TCO of transferred property 153TV. Allocation of property etc. subject to encumbrances 153TW. Substitution of party to agreement 153TX. TCO instruments 153TY. Proceedings 153TZ. Interests in land 153TZA. Amendment of Register 153TZB. Evidence 153TZC. Validity of things done under this Part Division 4-Staff 153TZD. List of TCO staff 153TZE. Transfer of TCO staff 153TZF. Future terms and conditions of transferred employees 153TZG. Superannuation PART 11B-PROVISIONS RELATING TO PRIVATISATION 153U. Treasurer may be party to agreement for sale 153UA. Loy Yang B transaction 153V. Transfer of shares to SEC 153W. Distribution company, transmission company or generation company to pay certain amounts to SEC 153X. Freedom of Information Act 1982. PART 12-REGULATION OF ELECTRICITY INDUSTRY 154. Definitions 155. Construction of Part 155A. Repealed 156. Application of Part 157. Objectives of the Commission 157A-158B Repealed 158BA. Power to regulate certain changes 158C-170C Repealed PART 13-Repealed 171-182 Repealed PART 14-LATROBE VALLEY LAND Division 1-Surrender of land 183. Surrender of land to Crown 184. Preservation of leases 185. Preservation of SEC easement 186. PTC land to be surrendered 187. Certain residual lands to be surrendered to the Crown Division 2-Revocation of reservations and closure of roads 188. Revocation of reservations-Morwell West land 189. Revocation of reservations-Hernes Oak land 190. Revocation of reservation-La Trobe river 191. Revocation of reservation-Morwell river 192. Consequences of revoking a reservation 193. Rights to cease 194. Powers to lease in relation to certain Latrobe River land Division 3-General 195. Issue of Crown grant 196. Registrar-General and Registrar of Titles to make necessary amendments to records 197. Exemption from stamp duty and other taxes PART 15-LOY YANG LAND Division 1-Surrender of land 198. Surrender of land to Crown 199. Preservation of leases 200. Certain interests not affected by surrender and grant of land 201. La Trobe Shire Council land to be surrendered Division 2-Revocation of reservation and closure of roads 202. Revocation of reservation-mechanics institute 203. Rights in roads to cease Division 3-General 204. Issue of Crown grant 205. Registrar-General and Registrar of Titles to make necessary amendments to records 206. Exemption from stamp duty and other taxes PART 16-HAZELWOOD LAND Division 1-Surrender of land 207. Surrender of land to Crown 208. Preservation of leases 209. Preservation of appurtenant SEC easements 209A. Preservation of appurtenant National Electricity easements 210. Preservation of other easements 211. Gippsland Water land to be surrendered 212. La Trobe Shire Council land to be surrendered 213. Roads Corporation land to be surrendered Division 2-Revocation of reservation and closure of roads 214. Revocation of river reservation 215. Rights in roads to cease Division 3-General 216. Issue of Crown grant 217. Registrar-General and Registrar of Titles to make necessary amendments to records 218. Exemption from stamp duty and other taxes PART 17-OTHER LAND 219. Revocation of river reservation-Goulburn River 220. Revocation of river reservation-Mitta Mitta River 221. Consequences of revoking reservations 222. Rights in roads to cease 223. Certain rights deemed to be easements appurtenant to all lands of National Electricity 224. Savings and transitional provisions __________________ SCHEDULE 1-Provisions Applying to the Electricity Corporations 1. Delegation 2. Board of directors 3. Constitution of board 4. Appointment of directors 5. Terms and conditions of appointment 6. Chief executive officer 7. Vacancies, resignations, removal from office 8. Validity of decisions 9. Proceedings of a board 10. Resolutions without meetings 11. Repealed 12. Disclosure of interests SCHEDULE 2-Repealed SCHEDULE 3-Excluded Property: Agreements, Contracts, Documents and Other Property Referred To SCHEDULE 3A. PART 1-Land to be Surrendered to the Crown PART 2-Leases PART 3-Land in respect of which reservations are revoked SCHEDULE 3B-Loy Yang Land PART 1-Land to be Surrendered to the Crown PART 2-Leases PART 3-Encumbrances PART 4-Land in respect of which reservation is revoked SCHEDULE 3C-Hazelwood Land PART 1-Land to be surrendered to the Crown PART 2-Leases PART 3-Roads corporation land to be surrendered PART 4-Land in respect of which reservation is revoked PART 5-Land in respect of which reservations are revoked SCHEDULE 4-Savings and Transitional Provisions 1. Definitions 2. General transitional provisions 3. Re-enacted provisions 4. Superseded references to old Act 5. Licences 6. Repealed 7. Orders under section 158AA. 8. Exemptions under section 160. ENDNOTES 1. General Information 2. Table of Amendments 3. Explanatory Details Electricity Industry (Residual Provisions) Act 1993 - PART 1 PART 1 PRELIMINARY Electricity Industry (Residual Provisions) Act 1993 - SECT 1 Purpose 1. Purpose The purpose of this Act is to restructure the electricity supply industry. Electricity Industry (Residual Provisions) Act 1993 - SECT 2 Commencement 2. Commencement (1) Parts 1, 6 and 8, Division 1 of Part 5, and sections 7, 8, 9, 10, 13, 14, 15, 16, 20, 21, 22, 23, 30, 76, 86, 110, 111, 119 and 121 come into operation on the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in subsection (2) does not come into operation within the period of 12 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period. Electricity Industry (Residual Provisions) Act 1993 - SECT 3 Definitions 3. Definitions (1) In this Act- Administrator means the Administrator for the restructuring of the electricity industry appointed under Part 4; allocation day means the day specified in a statement under section 62A(1) or specified by the Minister for the purposes of section 62AA; appointed day means the day on which Division 2 of Part 5 comes into operation; * * * * * chief executive officer, in relation to an electricity corporation or VPX, means the principal executive officer (by whatever name called) of the corporation or VPX; Commission means the Essential Services Commission established under the Essential Services Commission Act 2001; company means a company within the meaning of the Corporations Act that is taken to be registered in Victoria; corporation has the same meaning as in the Corporations Act; distribution company has the same meaning as in the Electricity Industry Act 2000; electricity corporation means Generation Victoria; * * * * * * * * * * excluded property, in relation to SEC, means- (a) the rights and liabilities of SEC under- (i) an agreement, contract or document referred to in Schedule 3; * * * * * (iii) an employment agreement; and (b) the property of SEC referred to in Schedule 3; financial accommodation means a financial benefit or assistance to obtain a financial benefit arising from or as a result of- (a) a loan; (b) issuing, endorsing or otherwise dealing in promissory notes; (c) drawing, accepting, endorsing or otherwise dealing in bills of exchange; (d) issuing, purchasing or otherwise dealing in securities; (e) granting or taking a lease of any real or personal property for financing but not for operating purposes; (f) in relation to SEC, any other arrangement that the Governor in Council on the recommendation of the Treasurer has approved as financial accommodation in relation to SEC under the Borrowing and Investment Powers Act 1987; financial arrangement means an arrangement entered into for the purpose of managing, lessening, hedging or protecting against movements in currency exchange, interest or discount rates or other costs of obtaining financial accommodation; financial obligation, in relation to SEC, means the liability of SEC in respect of- (a) financial accommodation obtained by SEC; or (b) a financial arrangement entered into by SEC- and includes the liability of SEC in respect of inscribed stock issued by SEC; generation company has the same meaning as in the Electricity Industry Act 2000; Generation Victoria means the body established under Division 1 of Part 2; instrument includes a document and an oral agreement; LaTrobe area means the municipal district of the Shire of LaTrobe; liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective but, in relation to SEC, does not include financial obligations; licence has the same meaning as in the Electricity Industry Act 2000; licensee has the same meaning as in the Electricity Industry Act 2000; Loy Yang B land means the land shown hatched on the plan in Schedule 2 to the Loy Yang B Act 1992; LYB Transaction Implementation Agreement means the transaction implementation agreement dated 29 March 1997 entered into between SEC, Edison Mission Energy Australia Limited, Loy Yang B Power Station Pty Ltd, Loy Yang Power Ltd, the Treasurer, Leanne Power Pty Ltd and Edison Mission Energy; National Electricity means Power Net Victoria established under Division 2 of Part 2; * * * * * NEMMCO has the same meaning as in the National Electricity (Victoria) Law; * * * * * * * * * * * * * * * property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description; public distribution company means a distribution company all the shares in which are held by, or on behalf of, the State or a statutory authority; public generation company means a generation company all the shares in which are held by, or on behalf of, the State or a statutory authority; public transmission company means a transmission company which is- (a) a statutory authority; or (b) a company all the shares in which are held by, or on behalf of, the State or a statutory authority; rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective; SEC means the State Electricity Commission of Victoria; SEC company means SECV Superannuation Pty Ltd, Energy Information Technology Company Pty Ltd, Utilities Insurance Company Pty Ltd or SECV International Pty Ltd; SEC instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the appointed day- (a) to which SEC was a party; or (b) that was given to or in favour of SEC; or (c) that refers to SEC; or (d) under which- (i) money is, or may become, payable to or by SEC; or (ii) other property is to be, or may become liable to be, transferred to or by SEC; security includes inscribed stock and debenture, bond, debenture stock, notes or any other document creating, evidencing or acknowledging indebtedness in respect of financial accommodation, whether or not constituting a charge on property; TCV means the Treasury Corporation of Victoria; transferred property means property, rights or liabilities of SEC that, under Part 5, have vested in, or become liabilities of, an electricity corporation, SEC company, a person or persons nominated by the Minister under section 62A or 62AA or the State; transferee, in relation to transferred property, means the electricity corporation or SEC company or a person or persons nominated by the Minister under section 62A or 62AA to which the property has been transferred or, if the property has been transferred to the State, the State; transmission company has the same meaning as in the Electricity Industry Act 2000; undertaking in relation to an electricity corporation, VPX, a distribution company, transmission company or a generation company, means- (a) an electrical undertaking approved by the Governor in Council (whether before or after the commencement of this section)- (i) for the erection, construction and provision of works, appliances and conveniences for the generation of electricity (whether by the use of coal, water-power or otherwise, but not by the use of a nuclear power reactor); or (ii) for the reception, storage, distribution, transmission, use, supply and sale of such electricity; and (b) all buildings, works, mines, open-cuts, quarries, water, land, machinery, plant, towers, electric lines, cables and appliances used for or in connection with the electrical undertaking; undertaker means- (a) SEC or an electricity corporation or VPX, a distribution company, transmission company or a generation company; (b) a municipal council, corporation or person who, by an Order in Council under the Electric Light and Power Act 1958 or a corresponding previous enactment is authorised to supply electricity within any area; (c) with respect to electric tramways, a person or body of persons, corporate or unincorporate, having the control and management of the tramways; VENCorp means Victorian Energy Networks Corporation established under Part 8 of the Gas Industry Act 2001; * * * * * * * * * * Victorian Power Exchange or VPX means VENCorp; wholesale electricity market means the market for wholesale trading in electricity operated by NEMMCO; * * * * * (2) In any Act other than this Act and in all subordinate instruments (within the meaning of the Interpretation of Legislation Act 1984) made under any such Act and in all other instruments, unless the contrary intention appears- (a) a reference to PoolCo must be construed as a reference to Victorian Power Exchange; and * * * * * * * * * * Electricity Industry (Residual Provisions) Act 1993 - SECT 4 Subsidiary 4. Subsidiary (1) For the purposes of this Act, the question whether a body corporate is a subsidiary of an electricity corporation, SEC or any other body shall be determined in the same manner as the question would be determined under the Corporations Act if the corporation, SEC or any other body and the body corporate were corporations within the meaning of that Act. (2) If a decision of or approval by SEC is required for the purposes of the Corporations Law1 to be a decision or approval passed by special resolution, the decision of or approval by SEC is deemed to be such a decision or approval if the Administrator so certifies in writing. Electricity Industry (Residual Provisions) Act 1993 - SECT 4A Application of Act to certain distribution, transmission and generation companies 4A. Application of Act to certain distribution, transmission and generation companies (1) The Governor in Council, by Order published in the Government Gazette, may declare that a reference in specified provisions of this Act, except Part 12, to a distribution company, transmission company or generation company does not include a reference to a person in respect of whom an Order under paragraph (b) of the definition of distribution company or paragraph (b) of the definition of transmission company or paragraph (b) of the definition of generation company, as the case requires, is in force. (2) A copy of an Order under subsection (1) must be laid before each House of the Parliament on or before the sixth sitting day after it is made. (3) An Order under subsection (1) is subject to disallowance by a House of the Parliament, and section 23 of the Subordinate Legislation Act 1994 applies as if the Order were a statutory rule. Electricity Industry (Residual Provisions) Act 1993 - SECT 5 Crown to be bound 5. Crown to be bound This Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. Electricity Industry (Residual Provisions) Act 1993 - SECT 6 Extra-territorial operation 6. Extra-territorial operation It is the intention of the Parliament that the operation of this Act should, so far as possible, include operation in relation to the following- (a) land situated outside Victoria, whether in or outside Australia; (b) things situated outside Victoria, whether in or outside Australia; (c) acts, transactions and matters done, entered into or occurring outside Victoria, whether in or outside Australia; (d) things, acts, transactions and matters, (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of the Commonwealth, another State, a Territory or a foreign country. __________________ Electricity Industry (Residual Provisions) Act 1993 - PART 2 PART 2 THE ELECTRICITY CORPORATIONS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Division 2-Directions as to electricity supply system * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Electricity Industry (Residual Provisions) Act 1993 - SECT 19 Regulations may provide for compensation for certain loss 19. Regulations may provide for compensation for certain loss (1) The regulations may provide for the payment of compensation to a person who suffers detriment as a result of complying with a direction under section 17, or as a result of another person complying, or failing to comply, with such a direction. (2) Regulations for the purposes of subsection (1) may provide- (a) the circumstances in which compensation may be payable; (b) the method of calculating compensation; (c) the person or persons liable to pay the compensation. * * * * * Division 4-General provisions applying to electricity corporations Electricity Industry (Residual Provisions) Act 1993 - SECT 26 Directions 26. Directions (1) The Treasurer and the Minister, acting jointly, may, from time to time, by written notice to the board of an electricity corporation, give such directions to the board as the Treasurer or Minister think fit. (2) The board of an electricity corporation must comply with a direction given under this section but an act or decision of the board is not invalid merely because of a failure to comply with such a direction. (3) Each electricity corporation must include in its annual report under Part 7 of the Financial Management Act 1994 a copy of each direction given to it under this section together with a statement of its response to the direction. (4) In this section, electricity corporation includes a public distribution company, a public transmission company and a public generation company. * * * * * Division 5-Financial Electricity Industry (Residual Provisions) Act 1993 - SECT 28 Borrowing and investment by electricity corporation 28. Borrowing and investment by electricity corporation (1) An electricity corporation may obtain financial accommodation subject to and in accordance with the Borrowing and Investment Powers Act 1987. (2) An electricity corporation may invest money of the corporation in accordance with the powers conferred on it by the Borrowing and Investment Powers Act 1987. Electricity Industry (Residual Provisions) Act 1993 - SECT 29 Payments in respect of financial obligations 29. Payments in respect of financial obligations (1) If- (a) an Order has been made under section 36D(1) or 36E(1) of the Treasury Corporation of Victoria Act 1992 relating to financial obligations of SEC; and (b) responsibility for those financial obligations has been allocated under an allocation statement under Division 3 of Part 5 to an electricity corporation- then- (c) the electricity corporation must pay to TCV such amounts, and at such times, as SEC would have been liable to pay in respect of those financial obligations if the Order had not been made, except in so far as TCV and the electricity corporation otherwise agree; and (d) TCV must pay to the electricity corporation such amounts, and at such times, as SEC would have been entitled to receive in respect of the financial accommodation or financial arrangements to which the financial obligations relate if the Order had not been made, except in so far as TCV and the electricity corporation otherwise agree. (2) An amount payable under subsection (1) may be recovered in a court of competent jurisdiction as a debt due to TCV or the electricity corporation, as the case requires. (3) In this section, electricity corporation includes, a public distribution company, a public transmission company and a public generation company. Division 6-General Electricity Industry (Residual Provisions) Act 1993 - SECT 30 Duties of directors 30. Duties of directors (1) A director of an electricity corporation must at all times act honestly in the performance of the functions of his or her office. (2) A director of an electricity corporation must at all times exercise a reasonable degree of care and diligence in the performance of his or her functions. (3) A director, or former director of an electricity corporation, must not make improper use of information acquired by virtue of his or her position as a director to gain directly or indirectly, an advantage for himself or herself or for any other person or to cause detriment to the electricity corporation. (4) A director of an electricity corporation must not make improper use of his or her position as a director to gain, directly or indirectly, an advantage for himself or herself or for any other person or to cause detriment to the electricity corporation. (5) This section has effect in addition to, and not in derogation of, any Act or law relating to the criminal or civil liability of a member of the governing body of a corporation and does not prevent the institution of any criminal or civil proceedings in respect of such a liability. Electricity Industry (Residual Provisions) Act 1993 - SECT 31 Minister may bring proceedings 31. Minister may bring proceedings If a person contravenes section 30 in relation to an electricity corporation, the Minister, in the name of the corporation, may recover from the person as a debt due to the corporation by action in a court of competent jurisdiction either or both of the following- (a) if that person, or any other person, made a profit as a result of the contravention, an amount equal to that profit; (b) if the corporation has suffered loss or damage as a result of the contravention, an amount equal to that loss or damage. Electricity Industry (Residual Provisions) Act 1993 - SECT 32 Electricity corporation not to make loans to directors 32. Electricity corporation not to make loans to directors (1) The powers of an electricity corporation do not include a power, whether directly or indirectly- (a) to make a loan to a director of the corporation, a spouse of such a director, or a relative (as defined in the Corporations Act) of such a director or spouse; or (b) to give a guarantee or provide security in connection with a loan made or to be made by another person to a director, spouse or relative referred to in paragraph (a). (2) Nothing in subsection (1) prohibits an electricity corporation entering into an agreement or arrangement with a person referred to in subsection (1) if similar agreements or arrangements are entered into by the corporation with members of the public on the same terms and conditions. Electricity Industry (Residual Provisions) Act 1993 - SECT 33 Indemnity 33. Indemnity The powers of an electricity corporation do not include a power to exempt, whether directly or indirectly, a director of the corporation from, or to indemnify (whether by paying a premium in respect of a contract of insurance or otherwise) a director of the corporation against, any liability that by law would otherwise attach to the director in respect of a wilful breach of duty or breach of trust of which the director may be guilty in relation to the corporation. * * * * * Electricity Industry (Residual Provisions) Act 1993 - SECT 35 Corporate plan 35. Corporate plan (1) The board of an electricity corporation must prepare a corporate plan each year. (2) The board must give a copy of the proposed plan to the Minister and the Treasurer on or before 31 May in each year or such later date as is determined by the Treasurer. (3) The proposed corporate plan must be in or to the effect of a form approved by the Minister and the Treasurer and must include- (a) a statement of corporate intent in accordance with section 36; (b) a business plan containing such information as the Treasurer or the Minister requires; (c) financial statements containing such information as the Treasurer requires. (3A) In addition to the matters referred to in subsection (3), the proposed corporate plan of a distribution company must include a statement of the company's bushfire mitigation programs. (4) The board must consider any comments on the proposed plan that are made to it by the Treasurer or the Minister within 2 months after the plan was submitted to the Treasurer and Minister. (5) The board must consult in good faith with the Treasurer and the Minister following communication to it of the comments, must make such changes to the plan as are agreed between the Treasurer, the Minister and the board and must deliver the completed plan to the Treasurer and Minister within 2 months after the commencement of the financial year. (6) The plan, or any part of the plan, must not be published or made available except for the purposes of this Part without the prior approval of the board, the Treasurer and the Minister. (7) The plan may be modified at any time by the board with the agreement of the Treasurer and the Minister. (8) If the board, by written notice to the Treasurer and Minister, proposes a modification of the plan, the board may, within 14 days, make the modification unless the Treasurer or Minister, by written notice to the board, directs the board not to make it. (9) The Treasurer or Minister may, from time to time, by written notice to the board, direct the board to include in, or omit from, a statement of corporate intent, a business plan or a financial statement of a specified kind, any specified matters. (10) Before giving the direction under this section, the Treasurer and Minister must consult with the board as to the matters to be referred to in the notice. (11) The board must comply with a direction under this section. (12) At any particular time, the statement of corporate intent, the business plan or the financial statements for an electricity corporation are the statements and plan last completed, with any modifications or deletions made in accordance with this Part. (13) In this section, electricity corporation includes a public distribution company, a public transmission company and a public generation company. Electricity Industry (Residual Provisions) Act 1993 - SECT 36 Statement of corporate intent: contents 36. Statement of corporate intent: contents (1) Each statement of corporate intent must specify for an electricity corporation and its subsidiaries, in respect of the financial year to which it relates and each of the 2 following financial years, the following information- (a) the objectives of the corporation and of its subsidiaries; (b) the main undertakings of the corporation and of its subsidiaries; (c) the nature and scope of the activities to be undertaken by the corporation; (d) the accounting policies to be applied in the accounts; (e) the performance targets and other measures by which the performance of the corporation and of its subsidiaries may be judged in relation to their stated objectives; (f) the kind of information to be provided to the Treasurer and the Minister by the corporation during the course of those financial years, including the information to be included in each half-yearly report; (g) such other matters as may be agreed on by the Treasurer, the Minister and the board from time to time. (2) In this section, electricity corporation includes a public distribution company, a public transmission company and a public generation company. Electricity Industry (Residual Provisions) Act 1993 - SECT 36A Electricity corporations to act in accordance with corporate plan 36A. Electricity corporations to act in accordance with corporate plan (1) Each electricity corporation must act only in accordance with its corporate plan, as existing from time to time, unless it has first obtained the written approval of the Treasurer and the Minister to do otherwise. (2) Nothing done by an electricity corporation is void or unenforceable merely because the electricity corporation has failed to comply with section 35, 36 or this section. (3) In this section, electricity corporation includes a public distribution company, a public transmission company and a public generation company. Electricity Industry (Residual Provisions) Act 1993 - SECT 37 Non-commercial functions 37. Non-commercial functions (1) The Minister, with the approval of the Treasurer, may in writing direct the board of an electricity corporation- (a) to perform certain functions that the Minister considers to be in the public interest but that may cause the corporation to suffer financial detriment; or (b) to cease to perform functions of a kind referred to in paragraph (a); or (c) to cease to perform certain functions that the Minister or Treasurer considers not to be in the public interest. (2) The board must comply with a direction given under subsection (1). (3) If an electricity corporation satisfies the Minister that it has suffered financial detriment as a result of complying with a direction given by the Minister under subsection (1), the corporation, if the Minister so directs, may be reimbursed by the State the amount that the Minister determines, with the approval of the Minister administering Part 2 of the Financial Management Act 1994 and after consultation with the board of the corporation, to be the amount of the financial detriment. (4) The reference in this section to suffering financial detriment includes a reference to incurring net costs that are greater than would have been incurred if the direction were not complied with. (5) Each electricity corporation must include in its annual report under Part 7 of the Financial Management Act 1994 a copy of each direction given to it by the Minister under this section. (6) In this section, electricity corporation includes a public distribution company, a public transmission company and a public generation company. Electricity Industry (Residual Provisions) Act 1993 - SECT 38 Dividends 38. Dividends (1) Each electricity corporation must pay to the State such amounts, at such times and in such manner, as are determined by the Treasurer after consultation with the board of the corporation and the Minister. (2) Each public distribution company, public transmission company and public generation company must pay out of profits such amounts, at such times and in such manner, as are determined by the Treasurer after consultation with the board of the company and the Minister. (3) A public distribution company, public transmission company or public generation company must pay the amount referred to in subsection (2)- (a) to the State; or (b) if the SEC or another statutory authority holds shares in the company, to the SEC or authority- in accordance with the direction of the Treasurer. * * * * * _______________ * * * * * __________________ Electricity Industry (Residual Provisions) Act 1993 - PART 3 PART 3 PROPERTY AND WORKS Electricity Industry (Residual Provisions) Act 1993 - SECT 42AA Definition 42AA. Definition In this Part, electricity corporation includes VPX, a distribution company, a transmission company and a generation company. * * * * * * * * * * * * * * * Electricity Industry (Residual Provisions) Act 1993 - SECT 43 Certain rights deemed to be easements appurtenant to lands of electricity corporation 43. Certain rights deemed to be easements appurtenant to lands of electricity corporation (1) If an electricity corporation becomes entitled under this Act to an easement, right or privilege in, over or affecting any land which, immediately before the corporation became so entitled, was vested in SEC by reason of section 103A of the State Electricity Commission Act 1958 or in an electricity corporation under this section, the easement, right or privilege is deemed to be an easement, right or privilege vested in the corporation and appurtenant to all land vested in the corporation from time to time. * * * * * (3) If after the commencement of this section, an electricity corporation acquires a right or privilege in, over or affecting any land for the purposes of its works and undertakings and that right or privilege is not, or is not in any instrument expressed to be, appurtenant to any land, the right or privilege is deemed to be an easement vested in the electricity corporation and appurtenant to the lands vested in the electricity corporation for the time being and from time to time and to every part of them. (4) If an electricity corporation proposes to acquire a right or privilege in, over or affecting any land which would, if acquired by the corporation, be deemed to be an easement by virtue of subsection (3), the corporation may give notice in the appropriate form of its intention to acquire the right or privilege to the Registrar of Titles. (5) Section 57 of the Transfer of Land Act 1958, with such modifications as are necessary, applies in relation to a notice of intention to acquire given under subsection (4) as if- (a) a reference in that section to an acquiring authority included the electricity corporation; (b) a reference in that section to a proposal to acquire any land included a reference to a proposal to acquire the right or privilege to which the notice given under subsection (4) relates; (c) a reference in that section to a notice of intention to acquire included a notice of intention to acquire given under subsection (4); and (d) subsection (1) of that section did not form part of that section. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Electricity Industry (Residual Provisions) Act 1993 - SECT 47A Application of Mineral Resources Development Act 1990 to generation companies or SEC 47A. Application of Mineral Resources Development Act 1990 to generation companies or SEC (1) This section applies despite anything to the contrary in the Mineral Resources Development Act 1990 or in any exemption granted under section 7 of that Act and any such exemption is of no effect to the extent that it relates to any land covered by a current mining licence granted in accordance with this section. (2) Words and expressions used in this section that are also used in the Mineral Resources Development Act 1990 have the same meanings as in that Act. (3) The Governor in Council may, by Order published in the Government Gazette on the recommendation of the Minister administering the Mineral Resources Development Act 1990, grant a mining licence over land within the Latrobe area to a generation company or SEC. (4) A licence granted in accordance with this section- (a) is current for the time specified in the licence; and (b) applies to the land described in the licence; and (c) is subject to such conditions as are determined by the Governor in Council on the recommendation of the Minister administering the Mineral Resources Development Act 1990 (including, but not limited to, conditions about payment of royalties and any other matter referred to in section 26(2) of that Act and the condition referred to in section 26(4) of that Act) and specified in the licence; and (d) is deemed for all purposes to be registered during the period from the commencement of the Order granting the licence until the licence is registered under subsection (19). (5) The Mineral Resources Development Act 1990 and any other Act applies to a licence granted in accordance with this section as if it had been granted by the Minister administering that Act under Part 2 of that Act. (6) Without limiting subsection (5), a licence granted in accordance with this section may be renewed, transferred, varied surrendered or cancelled, or a condition of such a licence may be varied, suspended, revoked or added, under Part 2 of the Mineral Resources Development Act 1990. (7) An Order in Council under this section must- (a) include an authority to commence work and a work plan (including a rehabilitation plan for the land); (b) specify the amount of the rehabilitation bond required to be entered into by the licensee, the form of that bond and the time at which or the event on the happening of which it must be entered into. (8) The Mineral Resources Development Act 1990 and any other Act applies to an authority to commence work and a work plan included in an Order in Council under this section as if the authority to commence work had been granted by the chief administrator under section 42 of that Act and the work plan had been approved by the chief administrator under section 40(4) of that Act. (9) An authority to commence work and a work plan included in an Order in Council under this section are deemed for all purposes to be registered during the period from the commencement of the Order until the authority or plan (as the case requires) are registered under subsection (19). (10) Without limiting subsection (8), a plan having effect as an approved work plan by virtue of this section may be varied under section 41 of the Mineral Resources Development Act 1990. (11) Despite subsections (7) to (10), an authority to commence work included in an Order in Council under this section does not authorise the doing of work on private land unless- (a) the licensee has obtained the consent of the owners and occupiers of the land affected; or (b) the licensee has made compensation agreements with those owners and occupiers; or (c) the amount of compensation payable to those owners and occupiers has been determined under Part 8 of the Mineral Resources Development Act 1990; or (d) the licensee has purchased the land affected. (12) The Mineral Resources Development Act 1990 and any other Act applies to a rehabilitation bond entered into by a licensee in accordance with an Order in Council under this section as if it had been entered into by the licensee in accordance with section 80 of that Act. (13) A rehabilitation bond entered into by a licensee in accordance with an Order in Council under this section is deemed for all purposes to be registered during the period from the date on which it was entered into until it is registered under subsection (19). (14) Without limiting subsection (12), the Minister administering the Mineral Resources Development Act 1990 may serve a notice on the licensee under section 80(4) or (5) of that Act. * * * * * * * * * * * * * * * (19) Without limiting subsection (4)(d), (9) or (13), the registrar must, in accordance with section 69 of the Mineral Resources Development Act 1990, register- (a) any licence granted in accordance with this section; (b) any authority to commence work or work plan included in an Order in Council under this section; (c) any rehabilitation bond entered into by a licensee in accordance with an Order in Council under this section. _______________ * * * * * _______________ * * * * * _______________ Electricity Industry (Residual Provisions) Act 1993 - PART 4 PART 4 THE ADMINISTRATOR Division 1-The Administrator Electricity Industry (Residual Provisions) Act 1993 - SECT 48 Appointment of Administrator 48. Appointment of Administrator (1) There shall be an Administrator for the restructuring of the electricity supply industry. (2) The Administrator shall be appointed by the Treasurer after consultation with the Minister. (3) The term of office of the Administrator is the term (not exceeding 2 years) specified in the instrument of appointment, and the Administrator is eligible for re-appointment. (4) Subject to this section, the terms and conditions of appointment of the Administrator shall be set by the Treasurer after consultation with the Minister. (5) The Administrator is not subject to the Public Administration Act 2004 by reason only of the appointment as Administrator. Electricity Industry (Residual Provisions) Act 1993 - SECT 49 Vacancy etc. in office of Administrator 49. Vacancy etc. in office of Administrator (1) The office of the Administrator becomes vacant if the Administrator- (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or (b) is convicted of an indictable offence or of an offence that, if committed in Victoria, would be an indictable offence. (2) The Administrator may resign by writing delivered to the Minister. (3) The Treasurer after consultation with the Minister may remove the Administrator from office. Electricity Industry (Residual Provisions) Act 1993 - SECT 49A Deputy Administrator 49A. Deputy Administrator (1) There shall be a Deputy Administrator appointed by the Treasurer after consultation with the Minister. (2) The term of office of the Deputy Administrator is the term, not exceeding 2 years, specified in the instrument of appointment and the Deputy Administrator is eligible for re-appointment. (3) Subject to this section, the terms and conditions of appointment of the Deputy Administrator shall be set by the Treasurer after consultation with the Minister. (4) The Deputy Administrator is not subject to the Public Administration Act 2004 by reason only of appointment as Deputy Administrator. Electricity Industry (Residual Provisions) Act 1993 - SECT 49B Resignation and removal 49B. Resignation and removal (1) The Deputy Administrator may resign by writing delivered to the Minister. (2) The Treasurer, after consultation with the Minister, may remove the Deputy Administrator from office. Electricity Industry (Residual Provisions) Act 1993 - SECT 49C Functions and powers 49C. Functions and powers (1) The Deputy Administrator shall act as Administrator- (a) during a vacancy in the office of Administrator; and (b) during any period when the Administrator is absent or, for any other reason, unable to perform the functions of Administrator- but must not continue so to act for more than 6 months. (2) The Deputy Administrator- (a) when acting as Administrator, has and may exercise all the powers of the Administrator under this or any other Act; (b) at any other time, has such powers of the Administrator under this or any other Act as are specified in the instrument of appointment or as are delegated to the Deputy Administrator by the Administrator under section 52. Electricity Industry (Residual Provisions) Act 1993 - SECT 50 Staff of Administrator 50. Staff of Administrator The Administrator may engage such officers and employees as are necessary for the performance of the Administrator's functions, on such terms and conditions of appointment or employment as are determined by the Administrator. Electricity Industry (Residual Provisions) Act 1993 - SECT 51 Functions and powers 51. Functions and powers The Administrator has the functions and powers conferred on the Administrator under this Act, the State Electricity Commission Act 1958 or any other Act. Electricity Industry (Residual Provisions) Act 1993 - SECT 52 Delegation 52. Delegation The Administrator may, in writing, delegate to a person approved by the Minister any function or power of the Administrator under this Act, the State Electricity Commission Act 1958 or any other Act, other than this power of delegation. Electricity Industry (Residual Provisions) Act 1993 - SECT 53 Directions 53. Directions (1) The Treasurer and the Minister, acting jointly, may from time to time, by written notice to the Administrator, give such directions to the Administrator as the Treasurer or Minister think fit. (2) The Administrator must comply with a direction given under this section but an act or decision of the Administrator is not invalid merely because of a failure to comply with such a direction. (3) The Administrator must keep a copy of each direction given under this section available for inspection at the office of the Administrator during business hours, other than any direction, or part of a direction, that the Treasurer and the Minister have declared to be confidential. (4) The Administrator must include in the annual report of SEC under Part 7 of the Financial Management Act 1994 a brief summary, in a form approved by the Treasurer, of each direction given to the Administrator under this section, together with a statement of the Administrator's response to the direction. (5) A notice containing a direction given under this section is an exempt document for the purposes of the Freedom of Information Act 1982. * * * * * * * * * * __________________ Electricity Industry (Residual Provisions) Act 1993 - PART 5 PART 5 TRANSFER OF PROPERTY OF SEC Division 1-Allocation of property Electricity Industry (Residual Provisions) Act 1993 - SECT 62 SEC to prepare allocation statement 62. SEC to prepare allocation statement (1) SEC must give to the Treasurer and the Minister, within the period of 3 months after the date on which this Act receives the Royal Assent or such longer period as the Treasurer and the Minister approve, a statement approved by the Minister relating to the property, rights and liabilities of SEC as at a date specified by the Minister, (including money forming part of a fund or account of SEC under Part VII of the State Electricity Commission Act 1958), other than- (a) excluded property; (b) financial obligations; (c) rights in respect of financial obligations; (d) property, rights or liabilities declared by the Minister in writing given to SEC to be exempt property, rights and liabilities. (2) A statement under this section- (a) must allocate the property, rights and liabilities of SEC shown in the statement between the electricity corporations, SEC companies, the State and SEC; (b) must be signed by the chief executive officer of SEC, or, after the appointed day, by the Administrator. (3) If a statement under this section is approved by the Treasurer and the Minister- (a) the Treasurer and the Minister must sign the statement; and (b) the statement is an allocation statement for the purposes of this Act. (4) The Treasurer and the Minister may at any time direct SEC to amend a statement given to them under this section as specified in the direction. (5) An allocation statement under this section may be amended by writing signed by the Treasurer and the Minister. (6) In this section, statement and allocation statement include a statement or allocation statement amended in accordance with this section. Electricity Industry (Residual Provisions) Act 1993 - SECT 62A Further allocation of property rights and liabilities 62A. Further allocation of property rights and liabilities (1) SEC must give to the Treasurer and the Minister, within 3 months after the commencement of section 7 of the Electricity Industry (Loy Yang B) Act 1997, a statement approved by the Minister and signed by the Administrator relating to property, rights and liabilities of SEC as at a date specified by the Minister and allocating that property, those rights and those liabilities on a specified day to a person or persons nominated by the Minister. (2) A statement under subsection (1) must not allocate- (a) any excluded property, other than the property, or rights and liabilities under the property, referred to in Part B of Schedule 3; (b) financial obligations; (c) rights in respect of financial obligations; (d) any property, rights or liabilities declared by the Minister in writing given to SEC to be exempt property, rights and liabilities for the purposes of this section. (3) If a statement under this section is approved by the Treasurer and the Minister- (a) the Treasurer and the Minister must sign the statement; and (b) the statement is an allocation statement for the purposes of this Act. (4) The Treasurer and the Minister may at any time direct SEC to amend a statement given to them under this section as specified in the direction. (5) An allocation statement under this section may be amended in writing by the Treasurer and the Minister. (6) A direction under subsection (4) or an amendment under subsection (5) that would affect a person or persons nominated by the Minister under subsection (1) must not be given or made unless that person or those persons are, or are wholly owned by, the State or a statutory authority. (7) In this section, statement and allocation statement include a statement or allocation statement amended in accordance with this section. $$T Electricity Industry (Residual Provisions) Act 1993 - SECT 62AA Minister may direct transfer of property 62AA. Minister may direct transfer of property (1) The Minister may give a direction in writing to SEC directing it to transfer property, rights and liabilities of a specified kind to the State or a person or persons nominated in writing by the Minister or to any 2 or more of the State and such a person or persons in accordance with the direction. (2) Within 3 months after receiving a direction under subsection (1), SEC must give to the Minister a statement approved by the Minister relating to the property, rights and liabilities of SEC, as at a date specified by the Minister for the purposes of this section. (3) A statement under this section- (a) must allocate the property, rights and liabilities of SEC shown in the statement in accordance with the directions of the Minister; and (b) must be signed by the Administrator. (4) If a statement under this section is approved by the Treasurer and the Minister- (a) the Treasurer and the Minister must sign the statement; and (b) the statement is an allocation statement for the purposes of this Part. (5) The Treasurer and the Minister may at any time direct SEC to amend a statement given to them under this section as specified in the direction. (6) An allocation statement under this section may be amended by writing signed by the Treasurer and the Minister. (7) If the Treasurer and the Minister, with the agreement of SEC, declare that a statement given under this section by SEC has become irrevocable- (a) the statement; and (b) the date specified for the purposes of this section in relation to the statement- as at the date of the declaration may not be amended. (8) In this section, statement and allocation statement include a statement or allocation statement amended in accordance with this section. Electricity Industry (Residual Provisions) Act 1993 - SECT 63 Certificate of Administrator 63. Certificate of Administrator (1) A certificate signed by the Administrator certifying that property, rights or liabilities of SEC specified in the certificate has been allocated under the allocation statement to an electricity corporation or SEC company so specified or person or persons is, unless revoked under subsection (2), conclusive evidence- (a) that the property, rights or liabilities have been so allocated; and (b) if the certificate is given on or after the appointed day or allocation day, as the case requires, that the property, rights or liabilities vested in or became the property, rights or liabilities of the corporation or company or person or persons on the appointed day or allocation day, as the case requires. (2) If the Treasurer and the Minister so direct the Administrator in writing, the Administrator must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate. (3) The Administrator- (a) must keep a register of certificates issued under this section; and (b) must make the register reasonably available for inspection by an electricity corporation, SEC company, person or persons specified in an allocation statement or other interested person. Division 1A-Transfer of certain liabilities Electricity Industry (Residual Provisions) Act 1993 - SECT 63A Allocation statement 63A. Allocation statement (1) The Administrator may prepare a statement approved by the Minister relating to- (a) liabilities of SEC under employment agreements that are part of the excluded property; (b) liabilities of SEC relating to functions of SEC that had been discontinued before 3 January 1994. (2) A statement under subsection (1)- (a) must allocate the liabilities of SEC shown in the statement between the electricity corporations statutory authorities or companies all the shares in which are held by, or on behalf of, the State or a statutory authority nominated in writing by the Minister; (b) must be signed by the Administrator. (3) If the statement is approved by the Treasurer and the Minister- (a) the Treasurer and the Minister must sign the statement; and (b) the statement is an allocation statement for the purposes of this Act. Electricity Industry (Residual Provisions) Act 1993 - SECT 63B Certificate of Administrator 63B. Certificate of Administrator A certificate signed by the Administrator certifying that certain liabilities of SEC- (a) under employment agreements; or (b) relating to functions of SEC that had been discontinued before 3 January 1994- specified in the certificate have been allocated to an electricity corporation or another person so specified is conclusive evidence- (c) that the liabilities have been so allocated; and (d) that the liabilities became the liabilities of the electricity corporation or person on 3 January 1994 or on such later date as is specified in the certificate. Electricity Industry (Residual Provisions) Act 1993 - SECT 63C Liabilities transferred to electricity corporation 63C. Liabilities transferred to electricity corporation All liabilities of SEC, wherever located, that are allocated under an allocation statement under this Division to an electricity corporation or another person, are deemed to have become liabilities of that corporation or person on 3 January 1994 or on such later date as is specified in the statement. Electricity Industry (Residual Provisions) Act 1993 - SECT 63D Meaning of appointed day in Division 2 63D. Meaning of appointed day in Division 2 Division 2 has effect in relation to an allocation statement under this Division as if a reference to the appointed day were a reference to 3 January 1994 or such later date as is specified in the allocation statement. Division 2-Transfer of property Electricity Industry (Residual Provisions) Act 1993 - SECT 64 Property transferred to electricity corporation 64. Property transferred to electricity corporation On the appointed day- (a) all property and rights of SEC, wherever located, that are allocated under an allocation statement to an electricity corporation, vest in that corporation; and (b) all liabilities of SEC, wherever located, that are allocated under an allocation statement to an electricity corporation, wherever located, become liabilities of that corporation. Electricity Industry (Residual Provisions) Act 1993 - SECT 65 Property transferred to SEC company 65. Property transferred to SEC company On the appointed day- (a) all property and rights of SEC, wherever located, that are allocated under an allocation statement to a SEC company vest in that company; and (b) all liabilities of SEC, wherever located, that are allocated under an allocation statement to a SEC company, become liabilities of that company. Electricity Industry (Residual Provisions) Act 1993 - SECT 66 Property transferred to State 66. Property transferred to State On the appointed day- (a) all property and rights of SEC, wherever located, that are allocated under an allocation statement to the State vest in the State; (b) all liabilities of SEC, wherever located, that are allocated under an allocation statement to the State, become liabilities of the State. Electricity Industry (Residual Provisions) Act 1993 - SECT 66A Property transferred to other persons 66A. Property transferred to other persons On the allocation day- (a) all property and rights of SEC, wherever located, that are allocated under the statement to a person or persons nominated by the Minister under section 62A or 62AA vest in that person or those persons; (b) all liabilities of SEC, wherever located, that are allocated under the statement to a person or persons nominated by the Minister under section 62A or 62AA become liabilities of that person or those persons. Electricity Industry (Residual Provisions) Act 1993 - SECT 67 Allocation of property etc. subject to encumbrances 67. Allocation of property etc. subject to encumbrances Unless an allocation statement under this Part otherwise provides, where, under this Part- (a) property and rights vest in; or (b) liabilities become liabilities of- an electricity corporation, SEC company, other person or persons or the State- (c) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and (d) the rights to which SEC was entitled in respect of those liabilities immediately before they ceased to be liabilities of SEC vest in the electricity corporation, SEC company, person or persons or the State, as the case requires. Electricity Industry (Residual Provisions) Act 1993 - SECT 68 Value of transferred property 68. Value of transferred property The value to an electricity corporation or SEC company or person or persons nominated by the Minister under section 62A or 62AA of transferred property as at the appointed day or allocation day, as the case requires, is the value shown in the relevant allocation statement. Electricity Industry (Residual Provisions) Act 1993 - SECT 69 Substitution of party to agreement 69. Substitution of party to agreement If, under an allocation statement, the rights and liabilities of SEC under an agreement are allocated to an electricity corporation or SEC company or other person or persons (the new party)- (a) the new party becomes, on the appointed day or allocation day, as the case requires, a party to the agreement in place of SEC; and (b) on and after the appointed day, or allocation day, as the case requires, the agreement has effect as if the new party had always been a party to the agreement. Electricity Industry (Residual Provisions) Act 1993 - SECT 70 SEC instruments 70. SEC instruments Each SEC instrument relating to transferred property continues to have effect according to its tenor on and after the appointed day or allocation day, as the case requires as if a reference in the instrument to SEC were a reference to the transferee of the transferred property. Electricity Industry (Residual Provisions) Act 1993 - SECT 71 Proceedings 71. Proceedings If, immediately before the appointed day or allocation day, as the case requires, proceedings relating to transferred property (including arbitration proceedings) to which SEC was a party were pending or existing in any court or tribunal, then, on and after the appointed day or allocation day, as the case requires, the transferee of the transferred property is substituted for SEC as a party to the proceedings and has the same rights in the proceedings as SEC had. Electricity Industry (Residual Provisions) Act 1993 - SECT 71A Criminal proceedings 71A. Criminal proceedings (1) If SEC is convicted (whether before or after the commencement of section 14 of the Electricity Industry (Further Amendment) Act 1994) of an offence in respect of which a fine is payable, the Administrator may prepare a statement allocating liability to pay the fine to an electricity corporation, statutory authority or company all the shares in which are held by, or on behalf of, the State or a statutory authority. (2) If the statement is approved by the Treasurer and the Minister- (a) the Treasurer and the Minister must sign the statement; and (b) the statement allocates liability to pay the fine to the electricity corporation or other person specified in it; and (c) the electricity corporation or other person is liable to pay the fine as if it had committed and been convicted of the offence. Electricity Industry (Residual Provisions) Act 1993 - SECT 72 Interests in land 72. Interests in land Without prejudice to the generality of this Act and despite anything to the contrary in any other Act or law, if, immediately before the appointed day or allocation day, as the case requires, SEC is, in relation to transferred property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after the appointed day or allocation day, as the case requires- (a) the transferee of the transferred property is to be taken to be the registered proprietor of that interest in land; and (b) the transferee has the same rights and remedies in respect of that interest as SEC had. Electricity Industry (Residual Provisions) Act 1993 - SECT 73 Amendment of Register 73. Amendment of Register (1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the Administrator, must make any amendments in the Register that are necessary because of the operation of this Act. (1A) Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for amendment to the Register in relation to transferred property that is an easement registered under the Transfer of Land Act 1958. * * * * * * * * * * Electricity Industry (Residual Provisions) Act 1993 - SECT 74 Taxes 74. Taxes No stamp duty or other tax is chargeable under any Act in respect of anything done under this Act or in respect of any act or transaction connected with or necessary to be done by reason of this Act, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with- (a) the transfer of property, rights or liabilities of SEC to an electricity corporation or SEC company or person or persons nominated by the Minister under section 62A or 62AA; or (b) the transfer, within 6 months after the appointed day, of property, rights or liabilities by an electricity corporation to another electricity corporation or SEC company or person or persons nominated by the Minister under section 62A or 62AA. Electricity Industry (Residual Provisions) Act 1993 - SECT 75 Evidence 75. Evidence (1) Documentary or other evidence that would have been admissible for or against the interests of SEC in relation to transferred property if this Act had not been enacted, is admissible for or against the interests of the transferee of the transferred property. (2) Division 3A of Part III of the Evidence Act 1958 continues to apply with respect to the books of account of SEC and to entries made in those books of account before the appointed day, whether or not they relate to transferred property. (3) In subsection (2), books of account has the same meaning as in Division 3A of Part III of the Evidence Act 1958. Electricity Industry (Residual Provisions) Act 1993 - SECT 76 Validity of things done under this Act 76. Validity of things done under this Act (1) Nothing effected by this Act or done or suffered by SEC, the State, a Minister, an electricity corporation or SEC company or person or persons nominated by the Minister under section 62A or 62AA under this Act- (a) is to be regarded as placing SEC, the State, a Minister, the corporation or company or person or persons nominated by the Minister under section 62A or 62AA in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or (b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or (c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or (d) releases any surety or other obligee wholly or in part from any obligation. (2) The validity of any act or transaction of SEC or the Administrator must not be called in question in any proceedings on the ground that any provision of this Act or the State Electricity Commission Act 1958 had not been complied with. Division 3-Financial obligations of SEC Electricity Industry (Residual Provisions) Act 1993 - SECT 77 Financial obligations of SEC 77. Financial obligations of SEC (1) SEC must give to the Treasurer and the Minister, within the period of 3 months after the day on which this Act receives the Royal Assent or such longer period as the Treasurer and Minister approve, a statement, in a form approved by the Treasurer and the Minister, of its financial obligations valued at a fair market value as at a date specified by the Minister. (2) The statement under subsection (1)- (a) must allocate, for the purposes of section 29, responsibility for the financial obligations to which that section applies between the electricity corporations; and (b) must specify the financial obligations of SEC to which section 29 does not apply and specify the electricity corporation that is to be responsible for making payments to SEC in respect of SEC's liability under particular financial obligations. (3) If the statement is approved by the Treasurer and the Minister- (a) the Treasurer and the Minister must sign the statement; and (b) the statement is the allocation statement of financial obligations for the purposes of this Division. (4) An allocation statement of financial obligations may be amended, or further amended, in writing signed by the Treasurer and the Minister. (5) In relation to an amendment, or further amendment, of a statement after the commencement of section 7 of the Electricity Industry (Miscellaneous Amendment) Act 1997, electricity corporation in this section includes VPX, a public distribution company, a public transmission company and a public generation company. Electricity Industry (Residual Provisions) Act 1993 - SECT 78 Electricity corporations to make payments to SEC 78. Electricity corporations to make payments to SEC (1) Each electricity corporation must pay to SEC such amounts, and at such time, as SEC is liable to pay in respect of financial obligations for which the electricity corporation is responsible in accordance with the allocation statement under section 77. (2) SEC must pay to each electricity corporation amounts that SEC receives in respect of financial obligations (including amounts received under swap contracts) for which the electricity corporation is responsible in accordance with the allocation statement under section 77. (3) In this section swap contract means an agreement entered into by SEC with another person under which- (a) SEC undertakes to make payments in any currency to, or to the account of, the other party to the agreement; and (b) the other party undertakes to make payments to, or to the account of, SEC in the same or another currency. (4) In this section, electricity corporation includes VPX, a public distribution company, a public transmission company and a public generation company. * * * * * __________________ Electricity Industry (Residual Provisions) Act 1993 - PART 6 PART 6 STAFF Electricity Industry (Residual Provisions) Act 1993 - SECT 80 Definitions 80. Definitions In this Part- body means SEC, electricity corporation, SEC company, Energy Brix Corporation Australia (a State Body within the meaning of the State Owned Enterprises Act 1992) or the chief electrical inspector; Chief Executive Officer means Chief Executive Officer of SEC; new employer, in relation to a transferred employee, means the body by which, by virtue of section 82, the transferred employee is regarded as being employed with effect from the appointed day; transferred employee means a person who, by virtue of section 82, is regarded as being employed by a new employer with effect from the appointed day or a specified later day. Electricity Industry (Residual Provisions) Act 1993 - SECT 81 List of SEC staff 81. List of SEC staff (1) Before the appointed day, SEC must prepare and submit to the Minister and Treasurer a document signed by the Chief Executive Officer listing all the officers and employees of SEC and specifying, in respect of each such officer or employee, the body by which he or she is to be regarded as having been employed by virtue of section 82 with effect from the appointed day or such later day as is specified. (2) The document may be amended- (a) before the appointed day, by instrument signed by the Chief Executive Officer and given to the Minister and Treasurer; (b) on or after the appointed day, by instrument signed by the Administrator and given to the Minister and Treasurer- and the amendment is to be regarded as having effect, or having had effect, from the appointed day. (3) Nothing in this section prevents a person listed in the document as an officer or employee of SEC from resigning or being dismissed at any time before the appointed day or later day specified under subsection (1) in relation to that person in accordance with the terms and conditions of his or her appointment or employment. Electricity Industry (Residual Provisions) Act 1993 - SECT 82 Transfer of SEC staff 82. Transfer of SEC staff (1) A person listed as an officer or employee of SEC in a document under section 81 who was such an officer or employee immediately before the appointed day is to be regarded as- (a) having been employed by the new employer with effect from the appointed day; and (b) having been so employed on the same terms and conditions as those that applied to the person, immediately before the appointed day, as an officer or employee of SEC; and (c) having accrued an entitlement to benefits, in connection with that employment by the new employer, that is equivalent to the entitlement that the person had accrued, as an officer or employee of SEC, immediately before the appointed day. (2) The service of a transferred employee as an employee of the new employer is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the appointed day, as an officer or employee of SEC. (3) A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer or employee of SEC because of this Act. (4) The secretary of SEC does not, because of the operation of this Act, become the secretary of the new employer but nothing in this subsection prevents him or her being appointed as such on or after the appointed day. (5) A certificate purporting to be signed by the Administrator certifying that a person named in the certificate was with effect from the appointed day employed, by virtue of this section, by a body named in the certificate is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it. Electricity Industry (Residual Provisions) Act 1993 - SECT 83 Future terms and conditions of transferred employees 83. Future terms and conditions of transferred employees (1) Nothing in section 82 prevents- (a) any of the terms and conditions of employment of a transferred employee from being altered by or under any law, award or agreement with effect from any time after the appointed day; or (b) a transferred employee from transferring to the employment of another electricity corporation at any time on or after the appointed day on terms and conditions agreed to by the employee and that other electricity corporation; or (c) a transferred employee from resigning or being dismissed at any time after the appointed day in accordance with the then existing terms and conditions of his or her employment by the new employer. (2) The service of a transferred employee as an employee of another electricity corporation to which he or she transfers as mentioned in subsection (1)(b) is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the appointed day, as an officer or employee of SEC and with his or her service on or after that day as an employee of an electricity corporation. Electricity Industry (Residual Provisions) Act 1993 - SECT 84 Superannuation 84. Superannuation (1) Subject to this section, the SEC Superannuation Fund as constituted and governed under rules made by SEC under clause 5 under the heading "BUSINESS AND RULES" in the Sixth Schedule to the State Electricity Commission Act 1958 and in force immediately before the appointed day continues, on and after that day, as the Victorian Electricity Industry Superannuation Fund. (2) Subject to the rules referred to in subsection (1), SECV Superannuation Pty Ltd continues, on and after the appointed day, as trustee of the Fund continued by subsection (1) on and after that day. (3) The rules referred to in subsection (1) continue in force, on and after the appointed day, as the Victorian Electricity Industry Superannuation Fund Rules despite the repeal by this Act of the provision under which they were made. (4) Without limiting subsection (5), SEC must before the appointed day amend the rules referred to in subsection (1)- (a) to extend their application with effect from the appointed day to electricity corporations, SEC companies and such other bodies as the Minister directs by writing given to SEC and to employees of electricity corporations, SEC companies or such other bodies; and (b) to recognise for the purposes of membership of the Fund the continuity of service that must be taken to exist by virtue of section 82(2) or 83(2); and (c) generally to give effect to this section. * * * * * (6) SEC- (a) must not make any amendment of the rules referred to in subsection (1) which would result in the Fund not being or not being deemed to be a complying fund for the purposes of Part IX of the Income Tax Assessment Act 1936 of the Commonwealth as amended and in force from time to time; and (b) must at all times use its best endeavours to ensure that the Fund is a complying fund for those purposes. (7) All rights, benefits, entitlements, liabilities and obligations of the members or former members of the Fund and their beneficiaries existing immediately before the appointed day continue, on and after that day, subject to rules made under this section. (8) Section 4 of the Public Sector Superannuation (Administration) Act 1993 applies in relation to any inconsistency between this section and that Act and to any inconsistency between this section and rules referred to in subsection (1). __________________ * * * * * __________________ Electricity Industry (Residual Provisions) Act 1993 - PART 7 PART 7 GENERAL Electricity Industry (Residual Provisions) Act 1993 - SECT 84A Public distribution company, public transmission company and public generation company 84A. Public distribution company, public transmission company and public generation company A public distribution company, public transmission company or public generation company is a public authority but does not represent the Crown. Electricity Industry (Residual Provisions) Act 1993 - SECT 84AAA Certain assets not to be fixtures 84AAA. Certain assets not to be fixtures (1) The Minister may, by written notice, declare that specified assets that are affixed to land and that are disposed of by VPX, a public transmission company or a public generation company are taken, for all purposes, to be separate assets being chattels personal and not fixtures. (2) The declaration has effect accordingly. Electricity Industry (Residual Provisions) Act 1993 - SECT 84AA Financial benefits given on arm's length terms 84AA. Financial benefits given on arm's length terms (1) A financial benefit given before 1 July 1995 by a distribution company or generation company under a relevant contract to a recipient is deemed for the purposes of Part 3.2A of the Corporations Law of Victoria (despite anything to the contrary in that Law) to have been given on terms and conditions no more favourable to the recipient than those on which it is reasonable to expect that the first-mentioned distribution company or generation company would have given the benefit directly if dealing with the recipient at arm's length in the same circumstances. (2) In subsection (1)- recipient means Power Net Victoria, VPX, SEC, Generation Victoria, a distribution company or a generation company; relevant contract means use of system agreement, connection agreement, distribution system agreement, tariffs and charges deed or vesting hedging contract. Electricity Industry (Residual Provisions) Act 1993 - SECT 84AB Sale of Land Act 1962 84AB. Sale of Land Act 1962 (1) The Governor in Council, by Order published in the Government Gazette, may declare that a generation company, transmission company or distribution company is not required, in respect of a particular sale or class of sales, to include in the vendor's statement under section 32 of the Sale of Land Act 1962 such of the particulars referred to in subsection (2)(e) of that section as are specified in the Order. (2) An Order under subsection (1) may be subject to such conditions as are specified in the Order, including conditions requiring disclosure of information of a particular kind. (3) A failure to comply with a condition of an Order under this section is deemed to be a failure to comply with section 32 of the Sale of Land Act 1962. Electricity Industry (Residual Provisions) Act 1993 - SECT 84AC Building Act 1993 84AC. Building Act 1993 The Commissioner of the Building Commission under the Building Act 1993, by notice published in the Government Gazette, may determine that building work, or a building, on land of a generation company is exempt from the provisions of the Building Act 1993 and regulations under that Act specified in the notice, subject to such conditions (if any) as are so specified. Electricity Industry (Residual Provisions) Act 1993 - SECT 84B Persons dealing with electricity corporations or VPX 84B. Persons dealing with electricity corporations or VPX A certificate issued by the chief executive officer of an electricity corporation or VPX to a person having dealings with the corporation or VPX certifying that an act or transaction is an act or transaction that the corporation or VPX is authorised to do or enter into under its licence and the licence conditions under Part 12 is conclusive evidence, as between that person and the corporation or VPX, that the corporation or VPX is so authorised. Electricity Industry (Residual Provisions) Act 1993 - SECT 84C Reports to Treasurer 84C. Reports to Treasurer The Treasurer may, in writing, require the board of directors of an electricity corporation, VPX, a public distribution company, public transmission company or a public generation company to give to the Treasurer such information as the Treasurer considers necessary. * * * * * * * * * * Electricity Industry (Residual Provisions) Act 1993 - SECT 85 Delegation by Minister and Treasurer 85. Delegation by Minister and Treasurer The Minister or the Treasurer may, in writing, delegate to any person any function or power of the Minister or Treasurer under this Act, other than this power of delegation. Electricity Industry (Residual Provisions) Act 1993 - SECT 86 Agreements about certain matters 86. Agreements about certain matters Despite anything to the contrary in this Act- (a) a Minister or the State, or, with the consent of the Minister, SEC, an electricity corporation, VPX, a distribution company, a transmission company, a generation company or SEC company may enter into an agreement concerning property, obligations, rights or liabilities that, under section 62(1), may not be included in an allocation statement under that section but may be affected by this Act, or by anything done or suffered under this Act, whether directly or indirectly; and (b) any such agreement takes effect according to its terms. Electricity Industry (Residual Provisions) Act 1993 - SECT 87 Service of documents on electricity corporation 87. Service of documents on electricity corporation A document required or authorised to be served on an electricity corporation or VPX may be served- (a) personally on a person- (i) apparently concerned in the management of the corporation or VPX; or (ii) apparently authorised to accept service of documents on behalf of the corporation or VPX; or (b) by post to the corporation or VPX at its principal office. Electricity Industry (Residual Provisions) Act 1993 - SECT 88 Evidence of documents 88. Evidence of documents (1) A document issued or purporting to have been issued by an electricity corporation or VPX and purporting to have been signed by the chief executive officer of the corporation or VPX is evidence that the document was issued by the corporation or VPX. * * * * * * * * * * Electricity Industry (Residual Provisions) Act 1993 - SECT 90 Treasurer may give guarantee 90. Treasurer may give guarantee (1) The Treasurer may, on behalf of the Government of Victoria, execute a guarantee on such terms and conditions as the Treasurer determines in favour of any person guaranteeing the due satisfaction of amounts that become payable by an electricity corporation, VPX, a public distribution company, public transmission company or a public generation company under section 29(1) or of amounts that become payable and of other actions required to be performed as a result of or in connection with the provision to an electricity corporation, VPX or a public distribution company, public transmission company or public generation company of financial accommodation including without limiting the generality of the foregoing, the payment of expenses of enforcing or obtaining or endeavouring to obtain such satisfaction. (2) Any sums required by the Treasurer in fulfilling any liability arising under a guarantee given under this section shall be paid out of the Consolidated Fund, which is to the necessary extent appropriated accordingly. (3) Any sums received or recovered by the Treasurer from an electricity corporation, VPX, a public distribution company, public transmission company or a public generation company or otherwise in respect of any sum paid by the Treasurer under a guarantee shall be paid into the Consolidated Fund. Electricity Industry (Residual Provisions) Act 1993 - SECT 91 Trade Practices Act 1974 of the Commonwealth 91. Trade Practices Act 1974 of the Commonwealth The regulations may provide that any act or thing or kind of act or thing of or relating to a particular electricity corporation or a subsidiary of an electricity corporation, or the holder of a licence under Part 12 is authorised for a particular period for the purposes of Part IV of the Trade Practices Act 1974 of the Commonwealth and the Competition Code. * * * * * Electricity Industry (Residual Provisions) Act 1993 - SECT 91A Exemption from Freedom of Information Act 91A. Exemption from Freedom of Information Act An electricity corporation, VPX, a distribution company, a transmission company or a generation company is not, and is not eligible to be declared to be, an agency or prescribed authority within the meaning of the Freedom of Information Act 1982. Electricity Industry (Residual Provisions) Act 1993 - SECT 91AB Ombudsman Act 1973 not to apply 91AB. Ombudsman Act 1973 not to apply An electricity corporation, VPX, a distribution company, a transmission company or a generation company is not a public statutory body to which the Ombudsman Act 1973 applies. Electricity Industry (Residual Provisions) Act 1993 - SECT 91AC Obligations under certain contracts 91AC. Obligations under certain contracts (1) Despite anything to the contrary in this Act or in a licence issued in accordance with Part 12- (a) SEC is deemed to be, and at all relevant times to have been, the holder of a licence within the meaning of Part 12 authorising SEC to the extent necessary to enable it to comply with its obligations in relation to excluded property; and (b) the purchase by, and sale to, SEC of electricity for the purposes of compliance by SEC with its obligations in relation to excluded property is, and is deemed at all relevant times to have been, authorised; and (c) no person, other than SEC, is authorised- (i) to sell electricity; or (ii) except for or on behalf of SEC, to transmit, distribute or supply electricity- to a person for use in connection with facilities or installations for which SEC is required to supply electricity under an agreement, contract or document referred to in Schedule 3. (2) Subsection (1)(c)(ii) does not prohibit an activity that is otherwise authorised by an Order in Council made under the Electric Light and Power Act 1958 and in force immediately before the commencement of section 25 of the Electricity Industry (Amendment) Act 1994. Electricity Industry (Residual Provisions) Act 1993 - SECT 91B Debt proceedings 91B. Debt proceedings In a proceeding in the Magistrates' Court for a debt owing to a distribution company any person authorised by the distribution company in writing for that purpose may file a complaint in that person's own name or in the name of the distribution company and may represent the distribution company in all respects as though that person was the party concerned. * * * * * Electricity Industry (Residual Provisions) Act 1993 - SECT 92 Regulations 92. Regulations (1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations are subject to disallowance by a House of the Parliament. __________________ Electricity Industry (Residual Provisions) Act 1993 - PART 8 PART 8 TRANSITIONAL * * * * * Electricity Industry (Residual Provisions) Act 1993 - SECT 94 Generation Victoria successor of State Body 94. Generation Victoria successor of State Body (1) On the day on which this Act receives the Royal Assent- (a) all property and rights of the body known as Generation Victoria established under the State Owned Enterprises (State Body-Generation Victoria) Order 1993 published in the Government Gazette No. S74 dated 7 October 1993 (the State Body) vest in Generation Victoria; (b) all liabilities of the State Body become liabilities of Generation Victoria; (c) Generation Victoria becomes the successor in law of the State Body; (d) the State Body is dissolved. (2) A person holding office, immediately before the commencement of this section as a director (including chief executive officer, if any) of the state Body referred to in subsection (1) is deemed to have been appointed, on that commencement, as director or chief executive officer of Generation Victoria for a term equivalent to the remainder of the term for which, and on the same terms and conditions as those in which, he or she was appointed to the State Body. * * * * * * * * * * * * * * * _______________ Electricity Industry (Residual Provisions) Act 1993 - PART 9 PART 9 TRANSFER OF PROPERTY AND STAFF OF NATIONAL ELECTRICITY Division 1-Definitions Electricity Industry (Residual Provisions) Act 1993 - SECT 98 Definitions 98. Definitions (1) In this Part- chief executive officer means chief executive officer of National Electricity; former National Electricity property means property, rights or liabilities of National Electricity that, under this Part, have vested in, or become liabilities of, another person; National Electricity instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date- (a) to which National Electricity was a party; or (b) that was given to or in favour of National Electricity; or (c) that refers to National Electricity; or (d) under which- (i) money is, or may become, payable to or by National Electricity; or (ii) other property is to be, or may become liable to be, transferred to or by National Electricity; new employer, in relation to a transferred National Electricity employee, means the body by which, by virtue of section 114, the transferred National Electricity employee is regarded as being employed with effect from the relevant date; relevant date- (a) in relation to an allocation statement or property, rights or liabilities allocated under an allocation statement, means the date fixed by the Minister under subsection (2) for the purposes of that statement; (b) in relation to a document referred to in section 113(1), means the date fixed by the Minister under subsection (2) for the purposes of that document; transferred National Electricity employee means a person who, by virtue of section 114, is regarded as being employed by a new employer with effect from the relevant date; transferee, in relation to former National Electricity property, means the person to whom the property has been transferred under this Part. (2) The Minister may, by notice published in the Government Gazette- (a) fix the relevant date for the purposes of an allocation statement under section 99; (b) fix the relevant date for the purposes of a document referred to in section 113(1). Division 2-Allocation of property Electricity Industry (Residual Provisions) Act 1993 - SECT 99 Minister may direct National Electricity to transfer property 99. Minister may direct National Electricity to transfer property (1) The Minister may, in writing, direct National Electricity to transfer property, rights and liabilities of a specified kind to a person or persons nominated by the Minister. (2) Within 3 months after receiving a direction under subsection (1), National Electricity must give to the Minister a statement approved by the Minister relating to the property, rights and liabilities of National Electricity to which the direction relates, as at a date specified by the Minister for the purposes of the statement. (3) A statement under this section- (a) must allocate the property, rights and liabilities of National Electricity shown in the statement to, or between, the person or persons nominated by the Minister; and (b) must be signed by the chief executive officer. (4) If a statement under this section is approved by the Treasurer and the Minister- (a) the Treasurer and the Minister must sign the statement; and (b) the statement is an allocation statement for the purposes of this Part. (5) The Treasurer and the Minister may at any time direct National Electricity to amend a statement given to them under this section as specified in the direction. (6) An allocation statement under this section may be amended by writing signed by the Treasurer and the Minister. (6A) A direction under subsection (1) or (5) or an amendment under subsection (6) that would affect a distribution company, a transmission company or a generation company must not be given or made unless all the shares in the company are held by, or on behalf of, the State or a statutory authority. (7) In this section, statement and allocation statement include a statement or allocation statement amended in accordance with this section. Electricity Industry (Residual Provisions) Act 1993 - SECT 100 Certificate of chief executive officer 100. Certificate of chief executive officer (1) A certificate signed by the chief executive officer certifying that property, rights or liabilities of National Electricity specified in the certificate have been allocated under the allocation statement to a person so specified is, unless revoked under subsection (2), conclusive evidence- (a) that the property, rights or liabilities have been so allocated; and (b) that the property, rights or liabilities vested in or became the property, rights or liabilities of the transferee on the relevant date. (2) If the Treasurer and the Minister so direct the chief executive officer in writing, the chief executive officer must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate. (3) The chief executive officer- (a) must keep a register of certificates issued under this section; and (b) must make the register reasonably available for inspection by a transferee or other interested person. (4) In this section, chief executive officer means the Administrator. Division 3-Transfer of property Electricity Industry (Residual Provisions) Act 1993 - SECT 101 Property transferred to nominee 101. Property transferred to nominee On the relevant date- (a) all property and rights of National Electricity, wherever located, that are allocated under an allocation statement to a person nominated by the Minister in a direction under section 99, vest in that person; and (b) all liabilities of National Electricity, wherever located, that are allocated under an allocation statement to that person, become liabilities of that person. Electricity Industry (Residual Provisions) Act 1993 - SECT 102 Allocation of property etc. subject to encumbrances 102. Allocation of property etc. subject to encumbrances Unless an allocation statement under this Part otherwise provides, where, under this Part- (a) property and rights vest in; or (b) liabilities become liabilities of- a person nominated by the Minister in a direction under section 99- (c) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and (d) the rights to which National Electricity was entitled in respect of those liabilities immediately before they ceased to be liabilities of National Electricity vest in the transferee. Electricity Industry (Residual Provisions) Act 1993 - SECT 103 Value of former National Electricity property 103. Value of former National Electricity property (1) The value to a person nominated by the Minister in a direction under section 99 of former National Electricity property as at the relevant date is the value shown in, or calculated in accordance with, the relevant allocation statement. (2) If a person nominated by the Minister in a direction under section 99 is a distribution company or transmission company, the consideration payable by the distribution company or transmission company in respect of former National Electricity property vested in it under an allocation statement under this Part is an amount equal to the value shown in, or calculated in accordance with, the statement. (3) On the date notified in writing to the distribution company or transmission company by the Treasurer for the purposes of this subsection, a distribution company or transmission company becomes liable to pay to the Treasurer, at the time and in the manner specified by the Treasurer, an amount equal to the sum of the considerations referred to in subsection (2), less the value of the liabilities that, before that date, have become liabilities of the distribution company or transmission company, as the case requires, under an allocation statement under this Part. Electricity Industry (Residual Provisions) Act 1993 - SECT 104 Substitution of party to agreement 104. Substitution of party to agreement If, under an allocation statement, the rights and liabilities of National Electricity under an agreement are allocated to a person nominated by the Minister in a direction under section 99- (a) the person becomes, on the relevant date, a party to the agreement in place of National Electricity; and (b) on and after the relevant date, the agreement has effect as if the person had always been a party to the agreement. Electricity Industry (Residual Provisions) Act 1993 - SECT 105 National Electricity instruments 105. National Electricity instruments Each National Electricity instrument relating to former National Electricity property continues to have effect according to its tenor on and after the relevant date as if a reference in the instrument to National Electricity were a reference to the transferee. Electricity Industry (Residual Provisions) Act 1993 - SECT 106 Proceedings 106. Proceedings If, immediately before the relevant date, proceedings relating to former National Electricity property (including arbitration proceedings) to which National Electricity was a party were pending or existing in any court or tribunal, then, on and after that date, the transferee is substituted for National Electricity as a party to the proceedings and has the same rights in the proceedings as National Electricity had. Electricity Industry (Residual Provisions) Act 1993 - SECT 106A Criminal proceedings 106A. Criminal proceedings (1) If National Electricity is convicted (whether before or after the commencement of section 21 of the Electricity Industry (Further Amendment) Act 1994) of an offence in respect of which a fine is payable, the Administrator may prepare a statement allocating liability to pay the fine to a statutory authority or company all the shares in which are held by, or on behalf of, the State or a statutory authority nominated by the Minister. (2) If the statement is approved by the Treasurer and the Minister- (a) the Treasurer and the Minister must sign the statement; and (b) the statement allocates liability to pay the fine to the person specified in it; and (c) the person is liable to pay the fine as if it had committed and been convicted of the offence. Electricity Industry (Residual Provisions) Act 1993 - SECT 107 Interests in land 107. Interests in land Without prejudice to the generality of this Act and despite anything to the contrary in any other Act or law, if, immediately before the relevant date, National Electricity is, in relation to former National Electricity property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date- (a) the transferee is to be taken to be the registered proprietor of that interest in land; and (b) the transferee has the same rights and remedies in respect of that interest as National Electricity had. Electricity Industry (Residual Provisions) Act 1993 - SECT 108 Amendment of Register 108. Amendment of Register (1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the chief executive officer, must make any amendments in the Register that are necessary because of the operation of this Act. (1A) Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for amendment to the Register in relation to transferred property that is an easement registered under the Transfer of Land Act 1958. * * * * * Electricity Industry (Residual Provisions) Act 1993 - SECT 109 Taxes 109. Taxes No stamp duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of National Electricity. Electricity Industry (Residual Provisions) Act 1993 - SECT 110 Evidence 110. Evidence (1) Documentary or other evidence that would have been admissible for or against the interests of National Electricity in relation to former National Electricity property if this Part had not been enacted, is admissible for or against the interests of the transferee. (2) Division 3A of Part III of the Evidence Act 1958 continues to apply with respect to the books of account of National Electricity and to entries made in those books of account before the relevant date, whether or not they relate to former National Electricity property. (3) In subsection (2), books of account has the same meaning as in Division 3A of Part III of the Evidence Act 1958. Electricity Industry (Residual Provisions) Act 1993 - SECT 111 Validity of things done under this Part 111. Validity of things done under this Part (1) Nothing effected by this Part or done or suffered by National Electricity, the State, a Minister or a transferee of former National Electricity property under this Part- (a) is to be regarded as placing National Electricity, the State, a Minister or the transferee in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or (b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or (c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or (d) releases any surety or other obligee wholly or in part from any obligation. (2) The validity of any act or transaction of National Electricity or the chief executive officer must not be called in question in any proceedings on the ground that any provision of this Act had not been complied with. * * * * * Division 5-Staff Electricity Industry (Residual Provisions) Act 1993 - SECT 113 List of National Electricity staff 113. List of National Electricity staff (1) Before the relevant date, National Electricity must prepare and submit to the Minister and Treasurer a document signed by the chief executive officer listing officers and employees of National Electricity and specifying in respect of each such officer or employee, the body by which he or she is to be regarded as having been employed by virtue of section 114 with effect from the relevant date. (2) The document may be amended, before or after the relevant date, by instrument signed by the chief executive officer and given to the Minister and Treasurer and the amendment is to be regarded as having effect, or having had effect, from the relevant date. (3) Nothing in this section prevents a person listed in the document as an officer or employee of National Electricity from resigning or being dismissed at any time before the relevant date in accordance with the terms and conditions of his or her appointment or employment. Electricity Industry (Residual Provisions) Act 1993 - SECT 114 Transfer of National Electricity staff 114. Transfer of National Electricity staff (1) A person listed as an officer or employee of National Electricity in a document under section 113 who was such an officer or employee immediately before the relevant date is to be regarded as- (a) having been employed by the new employer with effect from the relevant date; and (b) having been so employed on the same terms and conditions as those that applied to the person, immediately before the relevant date, as an officer or employee of National Electricity; and (c) having accrued an entitlement to benefits, in connection with that employment by the new employer, that is equivalent to the entitlement that the person had accrued, as an officer or employee of National Electricity, immediately before the relevant date. (2) The service of a transferred National Electricity employee as an employee of the new employer is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the relevant date, as an officer or employee of National Electricity. (3) A transferred National Electricity employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer or employee of National Electricity because of this Act. (4) A certificate purporting to be signed by the chief executive officer certifying that a person named in the certificate was with effect from the relevant date employed, by virtue of this section, by a body named in the certificate is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it. Electricity Industry (Residual Provisions) Act 1993 - SECT 115 Future terms and conditions of transferred employees 115. Future terms and conditions of transferred employees (1) Nothing in section 114 prevents- (a) any of the terms and conditions of employment of a transferred National Electricity employee from being altered by or under any law, award or agreement with effect from any time after the relevant date; or (b) a transferred National Electricity employee from transferring to the employment of SEC, another electricity corporation, VPX, a distribution company or an SEC company at any time within 6 months after the relevant date on terms and conditions agreed to by the employee and SEC, the other electricity corporation, VPX, the distribution company or the SEC company; or (c) a transferred National Electricity employee from resigning or being dismissed at any time after the relevant date in accordance with the then existing terms and conditions of his or her employment by the new employer. (2) The service of a transferred National Electricity employee as an employee of SEC, another electricity corporation, VPX, a distribution company or an SEC company to which he or she transfers as mentioned in subsection (1)(b) is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the relevant date, as an officer or employee of National Electricity and with his or her service on or after that date as an employee of SEC, another electricity corporation, VPX, a distribution company or an SEC company. * * * * * _______________ Electricity Industry (Residual Provisions) Act 1993 - PART 10 PART 10 TRANSFER OF PROPERTY AND STAFF OF ESV TO DISTRIBUTION COMPANIES Division 1-Definitions Electricity Industry (Residual Provisions) Act 1993 - SECT 116 Definitions 116. Definitions (1) In this Part- chief executive officer means chief executive officer of ESV; company transferee, in relation to former ESV property, means the distribution company or other person to which the property has been transferred under this Part; ESV means Electricity Services Victoria; ESV instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date- (a) to which ESV was a party; or (b) that was given to or in favour of ESV; or (c) that refers to ESV; or (d) under which- (i) money is, or may become, payable to or by ESV; or (ii) other property is to be, or may become liable to be, transferred to or by ESV; former ESV property means property, rights or liabilities of ESV that, under this Part, have vested in, or become liabilities of, a distribution company or other person; new employer, in relation to a transferred ESV employee, means the distribution company or other person by which, by virtue of section 132, the transferred ESV employee is regarded as being employed with effect from the relevant date; relevant date- (a) in relation to an allocation statement or property, rights or liabilities allocated under an allocation statement, means the date fixed by the Minister under subsection (2) for the purposes of that statement; (b) in relation to a document referred to in section 131(1), means the date fixed by the Minister under subsection (2) for the purposes of that document; transferred ESV employee means a person who, by virtue of section 132, is regarded as being employed by a new employer with effect from the relevant date. (2) The Minister may, by notice published in the Government Gazette- (a) fix the relevant date for the purposes of an allocation statement under section 117; (b) fix the relevant date for the purposes of a document referred to in section 131(1). Division 2-Allocation of property Electricity Industry (Residual Provisions) Act 1993 - SECT 117 ESV to prepare allocation statement CT 117. ESV to prepare allocation statement (1) ESV must give to the Treasurer and the Minister, within the period of 3 months after the date on which the Electricity Industry (Amendment) Act 1994 receives the Royal Assent or such longer period as the Treasurer and the Minister approve, a statement or statements approved by the Minister relating to the property, rights and liabilities of ESV as at a date specified by the Minister for the purposes of the relevant statement. (2) A statement under this section- (a) must allocate the property, rights and liabilities of ESV shown in the statement to, or between, the distribution companies and any other person or persons nominated in writing by the Minister; (b) must be signed by the chief executive officer or, after the commencement of section 8 of the Electricity Industry (Amendment) Act 1994, by the Administrator. (3) If a statement under this section is approved by the Treasurer and the Minister- (a) the Treasurer and the Minister must sign the statement; and (b) the statement is an allocation statement for the purposes of this Part. (4) The Treasurer and the Minister may at any time direct ESV or, after the commencement of section 8 of the Electricity Industry (Amendment) Act 1994, the Administrator to amend a statement given to them under this section as specified in the direction. (5) An allocation statement under this section may be amended by writing signed by the Treasurer and the Minister. (5A) A direction under subsection (4) or an amendment under subsection (5) that would affect a distribution company must not be given or made unless all the shares in the distribution company are held by or on behalf of the State or a statutory authority. (6) In this section, statement and allocation statement include a statement or allocation statement amended in accordance with this section. Electricity Industry (Residual Provisions) Act 1993 - SECT 118 Certificate of Administrator 118. Certificate of Administrator (1) A certificate signed by the Administrator certifying that property, rights or liabilities of ESV specified in the certificate have been allocated under the allocation statement to a distribution company or any other person so specified is, unless revoked under subsection (2), conclusive evidence- (a) that the property, rights or liabilities have been so allocated; and (b) that the property, rights or liabilities vested in or became the property, rights or liabilities of the distribution company or other person on the relevant date. (2) If the Treasurer and the Minister so direct the Administrator in writing, the Administrator must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate. (3) The Administrator- (a) must keep a register of certificates issued under this section; and (b) must make the register reasonably available for inspection by a distribution company or other interested person. Division 3-Transfer of property Electricity Industry (Residual Provisions) Act 1993 - SECT 119 Property transferred to distribution company 119. Property transferred to distribution company On the relevant date- (a) all property and rights of ESV, wherever located, that are allocated under an allocation statement to a distribution company or another person, vest in that company or person; and (b) all liabilities of ESV, wherever located, that are allocated under an allocation statement to a distribution company or another person, become liabilities of that company or person. Electricity Industry (Residual Provisions) Act 1993 - SECT 120 Allocation of property etc. subject to encumbrances 120. Allocation of property etc. subject to encumbrances Unless an allocation statement under this Part otherwise provides, where, under this Part- (a) property and rights vest in; or (b) liabilities become liabilities of- a distribution company or other person- (c) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and (d) the rights to which ESV was entitled in respect of those liabilities immediately before they ceased to be liabilities of ESV vest in the distribution company or other person. Electricity Industry (Residual Provisions) Act 1993 - SECT 121 Value of former ESV property 121. Value of former ESV property (1) The value to a distribution company or another person of former ESV property as at the relevant date is the value shown in, or calculated in accordance with, the relevant allocation statement. (2) The consideration payable by a distribution company in respect of the property and rights of ESV vested in it under an allocation statement under this Part is an amount equal to the value shown in, or calculated in accordance with, the statement. (3) On the date notified in writing to the distribution company by the Treasurer for the purposes of this subsection, a distribution company becomes liable to pay to the Treasurer, at the time and in the manner specified by the Treasurer, an amount equal to the sum of the considerations referred to in subsection (2), less the sum of the value of- (a) the liabilities that, before that date, have become liabilities of the distribution company under an allocation statement under this Part; and (b) the financial obligations for which the distribution company is responsible as at that date in accordance with an allocation statement under section 77. Electricity Industry (Residual Provisions) Act 1993 - SECT 122 Substitution of party to agreement 122. Substitution of party to agreement If, under an allocation statement, the rights and liabilities of ESV under an agreement are allocated to a distribution company or another person- (a) the company or person becomes, on the relevant date, a party to the agreement in place of ESV; and (b) on and after the relevant date, the agreement has effect as if the company or person had always been a party to the agreement. Electricity Industry (Residual Provisions) Act 1993 - SECT 123 ESV instruments 123. ESV instruments Each ESV instrument relating to former ESV property continues to have effect according to its tenor on and after the relevant date as if a reference in the instrument to ESV were a reference to the company transferee. Electricity Industry (Residual Provisions) Act 1993 - SECT 124 Proceedings 124. Proceedings If, immediately before the relevant date, proceedings relating to former ESV property (including arbitration proceedings) to which ESV was a party were pending or existing in any court or tribunal, then, on and after that date, the company transferee is substituted for ESV as a party to the proceedings and has the same rights in the proceedings as ESV had. Electricity Industry (Residual Provisions) Act 1993 - SECT 124A Criminal proceedings 124A. Criminal proceedings (1) If ESV is convicted (whether before or after the commencement of section 23 of the Electricity Industry (Further Amendment) Act 1994) of an offence in respect of which a fine is payable, the Administrator may prepare a statement allocating liability to pay the fine to a distribution company or a statutory authority or company all the shares in which are held by, or on behalf of, the State or a statutory authority. (2) If the statement is approved by the Treasurer and the Minister- (a) the Treasurer and the Minister must sign the statement; and (b) the statement allocates liability to pay the fine to the distribution company or other person specified in it; and (c) the distribution company or other person is liable to pay the fine as if it had committed and been convicted of the offence. Electricity Industry (Residual Provisions) Act 1993 - SECT 125 Interests in land 125. Interests in land Without prejudice to the generality of this Act and despite anything to the contrary in any other Act or law, if, immediately before the relevant date, ESV is, in relation to former ESV property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date- (a) the company transferee is to be taken to be the registered proprietor of that interest in land; and (b) the company transferee has the same rights and remedies in respect of that interest as ESV had. Electricity Industry (Residual Provisions) Act 1993 - SECT 126 Amendment of Register 126. Amendment of Register (1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the Administrator, must make any amendments in the Register that are necessary because of the operation of this Part. (1A) Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for amendment to the Register in relation to transferred property that is an easement registered under the Transfer of Land Act 1958. * * * * * Electricity Industry (Residual Provisions) Act 1993 - SECT 127 Taxes 127. Taxes No stamp duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of ESV to a company transferee. Electricity Industry (Residual Provisions) Act 1993 - SECT 128 Evidence 128. Evidence (1) Documentary or other evidence that would have been admissible for or against the interests of ESV in relation to former ESV property if this Part had not been enacted, is admissible for or against the interests of the company transferee. (2) Division 3A of Part III of the Evidence Act 1958 continues to apply with respect to the books of account of ESV and to entries made in those books of account-before the relevant date, whether or not they relate to former ESV property. (3) In subsection (2), books of account has the same meaning as in Division 3A of Part III of the Evidence Act 1958. Electricity Industry (Residual Provisions) Act 1993 - SECT 129 Validity of things done under this Part 129. Validity of things done under this Part (1) Nothing effected by this Part or done or suffered by ESV, the State, a Minister, a distribution company or another person under this Part- (a) is to be regarded as placing ESV, the State, a Minister, the company or another person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or (b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or (c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or (d) releases any surety or other obligee wholly or in part from any obligation. (2) The validity of any act or transaction of ESV or the Administrator must not be called in question in any proceedings on the ground that any provision of this Act or the State Electricity Commission Act 1958 had not been complied with. * * * * * Division 5-Staff Electricity Industry (Residual Provisions) Act 1993 - SECT 131 List of ESV staff 131. List of ESV staff (1) Before the relevant date, ESV must prepare and submit to the Minister and Treasurer a document signed by the chief executive officer listing officers and employees of ESV and specifying, in respect of each such officer or employee, the distribution company or other person by which he or she is to be regarded as having been employed by virtue of section 132 with effect from the relevant date. (2) The document may be amended- (a) before the commencement of section 8 of the Electricity Industry (Amendment) Act 1994, by instrument signed by the chief executive officer and given to the Minister and Treasurer; (b) on or after that commencement, by instrument signed by the Administrator and given to the Minister and Treasurer- and the amendment is to be regarded as having effect, or having had effect, from the relevant date. (3) Nothing in this section prevents a person listed in the document as an officer or employee of ESV from resigning or being dismissed at any time before the relevant date in accordance with the terms and conditions of his or her appointment or employment. $$A Electricity Industry (Residual Provisions) Act 1993 - SECT 132 Transfer of ESV staff 132. Transfer of ESV staff (1) A person listed as an officer or employee of ESV in a document under section 131 who was such an officer or employee immediately before the relevant date is to be regarded as- (a) having been employed by the new employer with effect from the relevant date; and (b) having been so employed on the same terms and conditions as those that applied to the person, immediately before the relevant date, as an officer or employee of ESV; and (c) having accrued an entitlement to benefits, in connection with that employment by the new employer, that is equivalent to the entitlement that the person had accrued, as an officer or employee of ESV, immediately before the relevant date. (2) The service of a transferred ESV employee as an employee of the new employer is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the relevant date, as an officer or employee of ESV. (3) A transferred ESV employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer or employee of ESV because of this Act. (4) A certificate purporting to be signed by the Administrator certifying that a person named in the certificate was with effect from the relevant date employed, by virtue of this section, by a distribution company or other person named in the certificate is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it. Electricity Industry (Residual Provisions) Act 1993 - SECT 133 Future terms and conditions of transferred employees 133. Future terms and conditions of transferred employees (1) Nothing in section 132 prevents- (a) any of the terms and conditions of employment of a transferred ESV employee from being altered by or under any law, award or agreement with effect from any time after the relevant date; or (b) a transferred ESV employee from transferring to the employment of another person (whether a distribution company, SEC, an electricity corporation, VPX or an SEC company) at any time within 6 months after the relevant date on terms and conditions agreed to by the employee and that other person; or (c) a transferred ESV employee from resigning or being dismissed at any time after the relevant date in accordance with the then existing terms and conditions of his or her employment by the new employer. (2) The service of a transferred ESV employee as an employee of another distribution company to which he or she transfers as mentioned in subsection (1)(b) is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the relevant date, as an officer or employee of ESV and with his or her service on or after that date as an employee of a distribution company or other person mentioned in subsection (1)(b). (3) A transferred ESV employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of a distribution company or other person, being a payment or benefit in respect of a period of service as an officer or employee of ESV if he or she has received a payment or other benefit in respect of that period by reason of having ceased to be an employee of another distribution company or another person. * * * * * _______________ Electricity Industry (Residual Provisions) Act 1993 - PART 11 PART 11 TRANSFER OF MUNICIPAL ELECTRICAL UNDERTAKINGS TO DISTRIBUTION COMPANIES Division 1-Definitions Electricity Industry (Residual Provisions) Act 1993 - SECT 135 Definitions 135. Definitions (1) In this Part- allocator means the person who is nominated by the Minister for the purposes of Division 3; company transferee, in relation to former MEU property, means the distribution company to which the property has been transferred under this Part; former MEU property means MEU property that, under this Part, has vested in, or become a liability of, a distribution company; MEU means an electrical undertaking conducted immediately before the commencement of section 24 of the Electricity Industry (Amendment) Act 1994 by a municipal council under the authority of an Order in Council made under the Electric Light and Power Act 1958 or a corresponding previous enactment; MEU instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date- (a) to which a municipal council was a party; or (b) that was given to or in favour of a municipal council; or (c) that refers to a municipal council; or (d) under which- (i) money is, or may become, payable to or by a municipal council; or (ii) other property is to be, or may become liable to be, transferred to or by a municipal council; MEU property means the property, rights or liabilities of a municipal council in respect of a MEU to which an agreement under section 136 applies; new employer, in relation to a transferred MEU staff member, means the distribution company by which, by virtue of section 151, the transferred MEU staff member is regarded as being employed with effect from the relevant date; relevant date means the date fixed by the Minister under subsection (2); transferred MEU staff member means a person who, by virtue of section 151, is regarded as being employed by a new employer with effect from the relevant date. (2) The Minister may, by notice published in the Government Gazette, fix the relevant date for the purposes of this Part. Division 2-Agreement Electricity Industry (Residual Provisions) Act 1993 - SECT 136 Agreement with respect to transfer of property and staff of MEUs 136. Agreement with respect to transfer of property and staff of MEUs (1) The Treasurer, on behalf of the Government of Victoria, may enter into an agreement in writing with one or more than one municipal council with respect to the transfer in accordance with the provisions of this Part, for the consideration expressed in the agreement, of MEU property to one or more than one distribution company. (2) An agreement made under subsection (1) may be amended or varied at any time before the relevant date in accordance with the terms of that agreement. Division 3-Allocation of property Electricity Industry (Residual Provisions) Act 1993 - SECT 137 Allocator to prepare allocation statement 137. Allocator to prepare allocation statement (1) The allocator must give to the Treasurer and the Minister, within the period of 3 months after the date on which an agreement is entered into under section 136 or such longer period as the Treasurer and the Minister approve, a statement approved by the Minister relating to the MEU property as at a date specified by the Minister for the purposes of this section. (2) A statement under this section- (a) must allocate the MEU property shown in the statement between the distribution companies; (b) must be signed by the allocator. (3) If a statement under this section is approved by the Treasurer and the Minister- (a) the Treasurer and the Minister must sign the statement; and (b) the statement is an allocation statement for the purposes of this Part. (4) The Treasurer and the Minister may at any time direct the allocator to amend a statement given to them under this section as specified in the direction. (5) An allocation statement under this section may be amended by writing signed by the Treasurer and the Minister. (5A) A direction under subsection (4) or an amendment under subsection (5) that would affect a distribution company must not be given or made unless all the shares in the distribution company are held by, or on behalf of, the State or a statutory authority. (6) In this section, statement and allocation statement include a statement or allocation statement amended in accordance with this section. Electricity Industry (Residual Provisions) Act 1993 - SECT 138 Certificate of Administrator 138. Certificate of Administrator (1) A certificate signed by the Administrator certifying that MEU property specified in the certificate has been allocated under the allocation statement to a distribution company so specified is, unless revoked under subsection (2), conclusive evidence- (a) that the MEU property has been so allocated; and (b) that the property, rights or liabilities specified in the certificate vested in or became the property, rights or liabilities of the distribution company on the relevant date so specified. (2) If the Treasurer and the Minister so direct the Administrator in writing, the Administrator must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate. (3) The Administrator- (a) must keep a register of certificates issued under this section; and (b) must make the register reasonably available for inspection by a distribution company or other interested person. Division 4-Transfer of property Electricity Industry (Residual Provisions) Act 1993 - SECT 139 Property transferred to distribution company 139. Property transferred to distribution company On the relevant date- (a) all property and rights of a municipal council, wherever located, that are allocated under an allocation statement to a distribution company, vest in that company; and (b) all liabilities of a municipal council, wherever located, that are allocated under an allocation statement to a distribution company, become liabilities of that company. Electricity Industry (Residual Provisions) Act 1993 - SECT 140 Allocation of property etc. subject to encumbrances 140. Allocation of property etc. subject to encumbrances Unless an allocation statement under this Part otherwise provides, where, under this Part- (a) property and rights vest in; or (b) liabilities become liabilities of- a distribution company- (c) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and (d) the rights to which a municipal council was entitled in respect of those liabilities immediately before they ceased to be liabilities of the municipal council vest in the distribution company. Electricity Industry (Residual Provisions) Act 1993 - SECT 141 Value of former MEU property 141. Value of former MEU property (1) The value to a distribution company of former MEU property as at the relevant date is the value shown in, or calculated in accordance with, the relevant allocation statement. (2) The consideration payable by a distribution company in respect of former MEU property vested in it under an allocation statement under this Part is an amount equal to the value shown in, or calculated in accordance with, the statement. (3) On the date notified in writing to the distribution company by the Treasurer for the purposes of this subsection, a distribution company becomes liable to pay to the Treasurer, at the time and in the manner specified by the Treasurer, an amount equal to the sum of the considerations referred to in subsection (2), less the value of the liabilities that, before that date, have become liabilities of the distribution company under an allocation statement under this Part. Electricity Industry (Residual Provisions) Act 1993 - SECT 142 Substitution of party to agreement 142. Substitution of party to agreement If, under an allocation statement, the rights and liabilities of a municipal council under an agreement are allocated to a distribution company- (a) the company becomes, on the relevant date, a party to the agreement in place of the municipal council; and (b) on and after the relevant date, the agreement has effect as if the company had always been a party to the agreement. Electricity Industry (Residual Provisions) Act 1993 - SECT 143 MEU instruments 143. MEU instruments Each MEU instrument relating to former MEU property continues to have effect according to its tenor on and after the relevant date as if a reference in the instrument to the municipal council were a reference to the company transferee. Electricity Industry (Residual Provisions) Act 1993 - SECT 143A Proceedings 143A. Proceedings If, immediately before the relevant date, proceedings relating to property transferred to a company transferee under an allocation statement under this Part (including arbitration proceedings) to which a municipal council was a party were pending or existing in any court or tribunal, then, on and after that date, the company transferee is substituted for the municipal council as a party to the proceedings and has the same rights in the proceedings as the municipal council had. Electricity Industry (Residual Provisions) Act 1993 - SECT 144 Interests in land 144. Interests in land Without prejudice to the generality of this Act and despite anything to the contrary in any other Act or law, if, immediately before the relevant date, a municipal council is, in relation to former MEU property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date- (a) the company transferee is to be taken to be the registered proprietor of that interest in land; and (b) the company transferee has the same rights and remedies in respect of that interest as the municipal council had. Electricity Industry (Residual Provisions) Act 1993 - SECT 145 Amendment of Register 145. Amendment of Register (1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the Administrator, must make any amendments in the Register that are necessary because of the operation of this Part. * * * * * Electricity Industry (Residual Provisions) Act 1993 - SECT 146 Taxes 146. Taxes No stamp duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of a municipal council to a distribution company. Electricity Industry (Residual Provisions) Act 1993 - SECT 147 Evidence 147. Evidence (1) Documentary or other evidence that would have been admissible for or against the interests of a municipal council in relation to former MEU property if this Part had not been enacted, is admissible for or against the interests of the company transferee. (2) Division 3A of Part III of the Evidence Act 1958 continues to apply with respect to the books of account of a municipal council and to entries made in those books of account before the relevant date, whether or not they relate to former MEU property. (3) In subsection (2), books of account has the same meaning as in Division 3A of Part III of the Evidence Act 1958. Electricity Industry (Residual Provisions) Act 1993 - SECT 148 Validity of things done under this Part 148. Validity of things done under this Part (1) Nothing effected by this Part or done or suffered by a municipal council, the State, a Minister or a distribution company under this Part- (a) is to be regarded as placing the municipal council, the State, a Minister or the company in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or (b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or (c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or (d) releases any surety or other obligee wholly or in part from any obligation. (2) The validity of any act or transaction of a municipal council, the allocator or the Administrator must not be called in question in any proceedings on the ground that any provision of this Act, the Electric Light and Power Act 1958, the State Electricity Commission Act 1958 or the Local Government Act 1989 had not been complied with. * * * * * Division 6-Staff Electricity Industry (Residual Provisions) Act 1993 - SECT 150 List of MEU staff 150. List of MEU staff (1) Before the relevant date, the allocator must prepare and submit to the Minister and Treasurer a document signed by the allocator listing all the members of Council staff of a municipal council who have accepted an offer of employment made by a distribution company in accordance with an agreement made under section 136(1) and specifying, in respect of each such member of Council staff, the distribution company by which he or she is to be regarded as having been employed by virtue of section 151 with effect from the relevant date or such later date as is specified. (2) The document may be amended, before or after the relevant date, by instrument signed by the allocator and given to the Minister and Treasurer and the amendment is to be regarded as having effect, or having had effect, from the relevant date. (3) Nothing in this section prevents a person listed in the document as a member of Council staff from resigning or being dismissed at any time before the relevant date in accordance with the terms and conditions of his or her employment. Electricity Industry (Residual Provisions) Act 1993 - SECT 151 Transfer of MEU staff 151. Transfer of MEU staff (1) A person listed as a member of Council staff in a document under section 150 who was a member of Council staff immediately before the relevant date is to be regarded as- (a) having had his or her employment transferred to the new employer with effect from the relevant date by force of this section and having been employed by that employer on and from the relevant date; and (b) having been so employed on the terms and conditions agreed to by him or her and the new employer; and (c) having accrued an entitlement to benefits, in connection with that employment by the new employer, that is equivalent to the entitlement that the person had accrued, as a member of Council staff, immediately before the relevant date. (2) The service of a transferred MEU staff member as an employee of the new employer is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the relevant date, as a member of Council staff. (3) A transferred MEU staff member is not entitled to receive any payment or other benefit by reason only of having ceased to be a member of Council staff because of this Act. (4) A certificate purporting to be signed by the allocator certifying that a person named in the certificate was with effect from the relevant date employed, by virtue of this section, by a distribution company named in the certificate is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it. Electricity Industry (Residual Provisions) Act 1993 - SECT 152 Future terms and conditions of transferred MEU staff members 152. Future terms and conditions of transferred MEU staff members (1) Nothing in section 151 prevents- (a) any of the terms and conditions of employment of a transferred MEU staff member from being altered by or under any law, award or agreement with effect from any time after the relevant date; or (b) a transferred MEU staff member from transferring to the employment of another distribution company at any time within 6 months after the relevant date on terms and conditions agreed to by the employee and that other distribution company; or (c) a transferred MEU staff member from resigning or being dismissed at any time after the relevant date in accordance with the then existing terms and conditions of his or her employment by the new employer. (2) The service of a transferred MEU staff member as an employee of another distribution company to which he or she transfers as mentioned in subsection (1)(b) is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the relevant date, as a member of Council staff and with his or her service on or after that date as an employee of a distribution company. * * * * * _______________ Electricity Industry (Residual Provisions) Act 1993 - PART 11A PART 11A TRANSFER OF PROPERTY AND STAFF OF GENERATION VICTORIA Division 1-Definitions Electricity Industry (Residual Provisions) Act 1993 - SECT 153A Definitions 153A. Definitions (1) In this Part- chief executive officer means chief executive officer of GV; company transferee, in relation to former GV property, means the generation company, SEC or other person to which the property has been transferred under this Part; GV means Generation Victoria; GV instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date- (a) to which GV was a party; or (b) that was given to or in favour of GV; or (c) that refers to GV; or (d) under which- (i) money is, or may become, payable to or by GV; or (ii) other property is to be, or may become liable to be, transferred to or by GV; former GV property means property, rights or liabilities of GV that, under this Part, have vested in, or become liabilities of, a generation company, SEC or another person; new employer, in relation to a transferred GV employee, means the generation company, SEC or other person by which, by virtue of section 153R, the transferred GV employee is regarded as being employed with effect from the relevant date; relevant date- (a) in relation to an allocation statement or property, rights or liabilities allocated under an allocation statement, means the date fixed by the Minister under subsection (2) for the purposes of that statement; (b) in relation to a document referred to in section 153Q(1), means a date fixed by the Minister under subsection (2) for the purposes of that document; transferred GV employee means a person who, by virtue of section 153R, is regarded as being employed by a new employer with effect from the relevant date. (2) The Minister may, by notice published in the Government Gazette- (a) fix the relevant date for the purposes of an allocation statement under section 153B; (b) fix the relevant date for the purposes of a document referred to in section 153Q(1). Division 2-Allocation of property Electricity Industry (Residual Provisions) Act 1993 - SECT 153B GV to prepare allocation statement 153B. GV to prepare allocation statement (1) GV must give to the Treasurer and the Minister, within the period of 3 months after the date on which the Electricity Industry (Further Amendment) Act 1994 receives the Royal Assent or such longer period as the Treasurer and the Minister approve, a statement or statements approved by the Minister relating to the property, rights and liabilities of GV as at a date specified by the Minister for the purposes of the relevant statement. (2) A statement under this section- (a) must allocate the property, rights and liabilities of GV shown in the statement to, or between, the generation companies, SEC and any other person or persons nominated in writing by the Minister; (b) must be signed by the chief executive officer or, after the commencement of section 5 of the Electricity Industry (Further Amendment) Act 1994, by the Administrator. (3) If a statement under this section is approved by the Treasurer and the Minister- (a) the Treasurer and the Minister must sign the statement; and (b) the statement is an allocation statement for the purposes of this Part. (4) The Treasurer and the Minister may at any time direct GV or, after the commencement of section 5 of the Electricity Industry (Further Amendment) Act 1994, the Administrator to amend a statement given to them under this section as specified in the direction. (5) An allocation statement under this section may be amended by writing signed by the Treasurer and the Minister. (6) A direction under subsection (4) or an amendment under subsection (5) that would affect a generation company must not be given or made unless all the shares in the generation company are held by or on behalf of the State or a statutory authority. (7) In this section, statement and allocation statement include a statement or allocation statement amended in accordance with this section. Electricity Industry (Residual Provisions) Act 1993 - SECT 153C Certificate of Administrator 153C. Certificate of Administrator (1) A certificate signed by the Administrator certifying that property, rights or liabilities of GV specified in the certificate have been allocated under the allocation statement to a generation company, SEC or any other person so specified is, unless revoked under subsection (2), conclusive evidence- (a) that the property, rights or liabilities have been so allocated; and (b) that the property, rights or liabilities vested in or became the property, rights or liabilities of the generation company, SEC or other person on the relevant date. (2) If the Treasurer and the Minister so direct the Administrator in writing, the Administrator must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate. (3) The Administrator- (a) must keep a register of certificates issued under this section; and (b) must make the register reasonably available for inspection by a generation company or other interested person. Division 3-Transfer of property Electricity Industry (Residual Provisions) Act 1993 - SECT 153D Property transferred to generation company 153D. Property transferred to generation company On the relevant date- (a) all property and rights of GV, wherever located, that are allocated under an allocation statement to a generation company, SEC or another person, or any 2 or more of the generation companies, SEC or other persons, vest in that company, SEC or person or any 2 or more of them; and (b) all liabilities of GV, wherever located, that are allocated under an allocation statement to a generation company, SEC or another person, or to any 2 or more of the generation companies, SEC or other persons, become liabilities of that company, SEC or person or any 2 or more of them. Electricity Industry (Residual Provisions) Act 1993 - SECT 153E Allocation of property etc. subject to encumbrances 153E. Allocation of property etc. subject to encumbrances Unless an allocation statement under this Part otherwise provides, where, under this Part- (a) property and rights vest in; or (b) liabilities become liabilities of- a generation company, SEC or other person or any 2 or more of the generation companies, SEC and other persons- (c) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and (d) the rights to which GV was entitled in respect of those liabilities immediately before they ceased to be liabilities of GV vest in the generation company, SEC or other person or any 2 or more of them. Electricity Industry (Residual Provisions) Act 1993 - SECT 153F Value of former GV property 153F. Value of former GV property (1) The value to a generation company, SEC or another person of former GV property as at the relevant date is the value shown in, or calculated in accordance with, the relevant allocation statement. (2) The consideration payable by a generation company in respect of the property and rights of GV vested in it under an allocation statement under this Part is an amount equal to the value shown in, or calculated in accordance with, the statement. (3) On the date notified in writing to the generation company by the Treasurer for the purposes of this subsection, a generation company becomes liable to pay to the Treasurer, at the time and in the manner specified by the Treasurer, an amount equal to the sum of the considerations referred to in subsection (2), less the sum of the value of- (a) the liabilities that, before that date, have become liabilities of the generation company under an allocation statement under this Part; and (b) the financial obligations for which the generation company is responsible as at that date in accordance with an allocation statement under section 77. Electricity Industry (Residual Provisions) Act 1993 - SECT 153G Substitution of party to agreement 153G. Substitution of party to agreement If, under an allocation statement, the rights and liabilities of GV under an agreement are allocated to a generation company, SEC or another person- (a) the company, SEC or person becomes, on the relevant date, a party to the agreement in place of GV; and (b) on and after the relevant date, the agreement has effect as if the company, SEC or person had always been a party to the agreement. Electricity Industry (Residual Provisions) Act 1993 - SECT 153H Criminal proceedings 153H. Criminal proceedings (1) If GV is convicted (whether before or after the commencement of section 25 of the Electricity Industry (Further Amendment) Act 1994) of an offence in respect of which a fine is payable, the Administrator may prepare a statement allocating liability to pay the fine to a public generation company. (2) If the statement is approved by the Treasurer and the Minister- (a) the Treasurer and the Minister must sign the statement; and (b) the statement allocates liability to pay the fine to the public generation company specified in it; and (c) the public generation company is liable to pay the fine as if it had committed and been convicted of the offence. Electricity Industry (Residual Provisions) Act 1993 - SECT 153I GV instruments 153I. GV instruments Each GV instrument relating to former GV property continues to have effect according to its tenor on and after the relevant date as if a reference in the instrument to GV were a reference to the company transferee. Electricity Industry (Residual Provisions) Act 1993 - SECT 153J Proceedings 153J. Proceedings If, immediately before the relevant date, proceedings relating to former GV property (including arbitration proceedings) to which GV was a party were pending or existing in any court or tribunal, then, on and after that date, the company transferee is substituted for GV as a party to the proceedings and has the same rights in the proceedings as GV had. Electricity Industry (Residual Provisions) Act 1993 - SECT 153K Interests in land 153K. Interests in land Without prejudice to the generality of this Act and despite anything to the contrary in any other Act or law, if, immediately before the relevant date, GV is, in relation to former GV property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date- (a) the company transferee is to be taken to be the registered proprietor of that interest in land; and (b) the company transferee has the same rights and remedies in respect of that interest as GV had. Electricity Industry (Residual Provisions) Act 1993 - SECT 153L Amendment of Register 153L. Amendment of Register (1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the Administrator, must make any amendments in the Register that are necessary because of the operation of this Part. (1A) Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for amendment to the Register in relation to transferred property that is an easement registered under the Transfer of Land Act 1958. * * * * * Electricity Industry (Residual Provisions) Act 1993 - SECT 153M Taxes 153M. Taxes No stamp duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of GV to a company transferee. Electricity Industry (Residual Provisions) Act 1993 - SECT 153N Evidence 153N. Evidence (1) Documentary or other evidence that would have been admissible for or against the interests of GV in relation to former GV property if this Part had not been enacted, is admissible for or against the interests of the company transferee. (2) Division 3A of Part III of the Evidence Act 1958 continues to apply with respect to the books of account of GV and to entries made in those books of account-before the relevant date, whether or not they relate to former GV property. (3) In subsection (2), books of account has the same meaning as in Division 3A of Part III of the Evidence Act 1958. Electricity Industry (Residual Provisions) Act 1993 - SECT 153O Validity of things done under this Part 153O. Validity of things done under this Part (1) Nothing effected by this Part or done or suffered under this Part- (a) is to be regarded as placing GV, the State, a Minister, a generation company, SEC or another person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or (b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or (c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or (d) releases any surety or other obligee wholly or in part from any obligation. (2) The validity of any act or transaction of GV or the Administrator must not be called in question in any proceedings on the ground that any provision of this Act or the State Electricity Commission Act 1958 had not been complied with. * * * * * Division 5-Staff Electricity Industry (Residual Provisions) Act 1993 - SECT 153Q List of GV staff 153Q. List of GV staff (1) Before the relevant date, GV must prepare and submit to the Minister and Treasurer a document signed by the chief executive officer listing officers and employees of GV and specifying, in respect of each such officer or employee, the generation company, SEC or other person by which he or she is to be regarded as having been employed by virtue of section 153R with effect from the relevant date. (2) The document may be amended- (a) before the commencement of section 5 of the Electricity Industry (Further Amendment) Act 1994, by instrument signed by the chief executive officer and given to the Minister and Treasurer; (b) on or after that commencement, by instrument signed by the Administrator and given to the Minister and Treasurer- and the amendment is to be regarded as having effect, or having had effect, from the relevant date. (3) Nothing in this section prevents a person listed in the document as an officer or employee of GV from resigning or being dismissed at any time before the relevant date in accordance with the terms and conditions of his or her appointment or employment. Electricity Industry (Residual Provisions) Act 1993 - SECT 153R Transfer of GV staff 153R. Transfer of GV staff (1) A person listed as an officer or employee of GV in a document under section 153Q who was such an officer or employee immediately before the relevant date is to be regarded as- (a) having been employed by the new employer with effect from the relevant date; and (b) having been so employed on the same terms and conditions as those that applied to the person, immediately before the relevant date, as an officer or employee of GV; and (c) having accrued an entitlement to benefits, in connection with that employment by the new employer, that is equivalent to the entitlement that the person had accrued, as an officer or employee of GV, immediately before the relevant date. (2) The service of a transferred GV employee as an employee of the new employer is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the relevant date, as an officer or employee of GV. (3) A transferred GV employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer or employee of GV because of this Act. (4) A certificate purporting to be signed by the Administrator certifying that a person named in the certificate was with effect from the relevant date employed, by virtue of this section, by a generation company, SEC or other person named in the certificate is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it. Electricity Industry (Residual Provisions) Act 1993 - SECT 153S Future terms and conditions of transferred employees 153S. Future terms and conditions of transferred employees (1) Nothing in section 153R prevents- (a) any of the terms and conditions of employment of a transferred GV employee from being altered by or under any law, award or agreement with effect from any time after the relevant date; or (b) a transferred GV employee from transferring to the employment of another person (whether a generation company, a distribution company, SEC, an electricity corporation, VPX or an SEC company) at any time within 6 months after the relevant date on terms and conditions agreed to by the employee and that other person; or (c) a transferred GV employee from resigning or being dismissed at any time after the relevant date in accordance with the then existing terms and conditions of his or her employment by the new employer. (2) The service of a transferred GV employee as an employee of another person to which he or she transfers as mentioned in subsection (1)(b) is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the relevant date, as an officer or employee of GV and with his or her service on or after that date as an employee of the other person mentioned in subsection (1)(b). (3) A transferred GV employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of a generation company or other person, being a payment or benefit in respect of a period of service as an officer or employee of GV, if he or she has received a payment or other benefit in respect of that period by reason of having ceased to be an employee of another generation company or other person. * * * * * _______________ Electricity Industry (Residual Provisions) Act 1993 - PART 11AB PART 11AB TRANSFER OF CERTAIN PROPERTY AND STAFF OF LOY YANG POWER LTD Division 1-Definitions and application Electricity Industry (Residual Provisions) Act 1993 - SECT 153TA Definitions and application 153TA. Definitions and application (1) In this Part- chief executive officer means chief executive officer of LYP; former LYP property means property, rights or liabilities of LYP that, under this Part, have vested in, or become liabilities of another person; LYP means Loy Yang Power Limited; LYP instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date- (a) to which LYP was a party; or (b) that was given to or in favour of LYP; or (c) that refers to LYP; or (d) under which- (i) money is, or may become, payable to or by LYP; or (ii) other property is to be, or may become liable to be, transferred to or by LYP; LYP transferee, in relation to former LYP property, means the person to which the property has been transferred under this Part; new employer, in relation to a transferred LYP employee, means the person by which, by virtue of section 153TN, the transferred LYP employee is regarded as being employed with effect from the relevant date; relevant date- (a) in relation to an allocation statement or property, rights or liabilities allocated under an allocation statement, means the date fixed by the Minister under subsection (2) for the purposes of that statement; (b) in relation to a document referred to in section 153TM(1), means a date fixed by the Minister under subsection (2) for the purposes of that document; transferred LYP employee means a person who, by virtue of section 153TN, is regarded as being employed by a new employer with effect from the relevant date. (2) The Minister may, by notice published in the Government Gazette- (a) fix the relevant date for the purposes of an allocation statement under section 153TB; (b) fix the relevant date for the purposes of a document referred to in section 153TM(1). (3) This Part does not apply unless LYP is a company all the shares in which are held by, or on behalf of, the State or a statutory authority. Division 2-Allocation of property Electricity Industry (Residual Provisions) Act 1993 - SECT 153TB LYP to prepare allocation statement 153TB. LYP to prepare allocation statement (1) LYP must give to the Treasurer and the Minister, within the period of 3 months after the date on which the Electricity Industry (Loy Yang B) Act 1997 receives the Royal Assent or such longer period as the Treasurer and the Minister approve, a statement or statements approved by the Minister relating to the property, rights and liabilities of LYP as at a date specified by the Minister for the purposes of the relevant statement. (2) A statement under this section- (a) must allocate the property, rights and liabilities of LYP shown in the statement to, or between, the person or persons nominated in writing by the Minister; (b) must be signed by the chief executive officer. (3) If a statement under this section is approved by the Treasurer and the Minister- (a) the Treasurer and the Minister must sign the statement; and (b) the statement is an allocation statement for the purposes of this Part. (4) The Treasurer and the Minister may at any time direct LYP to amend a statement given to them under this section as specified in the direction. (5) An allocation statement under this section may be amended by writing signed by the Treasurer and the Minister. (6) A direction under subsection (4) or an amendment under subsection (5) that would affect a person or persons nominated by the Minister under subsection (1) must not be given or made unless that person or those persons are, or are wholly owned by, the State or a statutory authority or have consented in writing to the direction or amendment. (7) In this section, statement and allocation statement include a statement or allocation statement amended in accordance with this section. Electricity Industry (Residual Provisions) Act 1993 - SECT 153TC Certificate of Administrator 153TC. Certificate of Administrator (1) A certificate signed by the Administrator certifying that property, rights or liabilities of LYP specified in the certificate have been allocated under the allocation statement to a person so specified is, unless revoked under subsection (2), conclusive evidence- (a) that the property, rights or liabilities have been so allocated; and (b) that the property, rights or liabilities vested in or became the property, rights or liabilities of the person on the relevant date. (2) If the Treasurer and the Minister so direct the Administrator in writing, the Administrator must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate. (3) The Administrator- (a) must keep a register of certificates issued under this section; and (b) must make the register reasonably available for inspection by an interested person. Division 3-Transfer of property Electricity Industry (Residual Provisions) Act 1993 - SECT 153TD Property transferred 153TD. Property transferred On the relevant date- (a) all property and rights of LYP, wherever located, that are allocated under an allocation statement to a person, or any 2 or more persons, vest in that person or persons; and (b) all liabilities of LYP, wherever located, that are allocated under an allocation statement to a person, or to any 2 or more persons, become liabilities of that person or persons. Electricity Industry (Residual Provisions) Act 1993 - SECT 153TE Allocation of property etc. subject to encumbrances 153TE. Allocation of property etc. subject to encumbrances Unless an allocation statement under this Part otherwise provides, where, under this Part- (a) property and rights vest in; or (b) liabilities become liabilities of- a person or 2 or more persons- (c) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and (d) the rights to which LYP was entitled in respect of those liabilities immediately before they ceased to be liabilities of LYP vest in the person or persons. Electricity Industry (Residual Provisions) Act 1993 - SECT 153TF Substitution of party to agreement 153TF. Substitution of party to agreement If, under an allocation statement, the rights and liabilities of LYP under an agreement are allocated to a person- (a) the person becomes, on the relevant date, a party to the agreement in place of LYP; and (b) on and after the relevant date, the agreement has effect as if the person had always been a party to the agreement. Electricity Industry (Residual Provisions) Act 1993 - SECT 153TG LYP instruments 153TG. LYP instruments Each LYP instrument relating to former LYP property continues to have effect according to its tenor on and after the relevant date as if a reference in the instrument to LYP were a reference to the LYP transferee. Electricity Industry (Residual Provisions) Act 1993 - SECT 153TH Proceedings 153TH. Proceedings If, immediately before the relevant date, proceedings relating to former LYP property (including arbitration proceedings) to which LYP was a party were pending or existing in any court or tribunal, then, on and after that date, the LYP transferee is substituted for LYP as a party to the proceedings and has the same rights in the proceedings as LYP had. Electricity Industry (Residual Provisions) Act 1993 - SECT 153TI Interests in land 153TI. Interests in land Without prejudice to the generality of this Part and despite anything to the contrary in any other Act or law, if, immediately before the relevant date, LYP is, in relation to former LYP property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date- (a) the LYP transferee is to be taken to be the registered proprietor of that interest in land; and (b) the LYP transferee has the same rights and remedies in respect of that interest as LYP has. Electricity Industry (Residual Provisions) Act 1993 - SECT 153TJ Amendment of Register 153TJ. Amendment of Register (1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the Administrator, must make any amendments in the Register that are necessary because of the operation of this Part. (1A) Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for amendment to the Register in relation to transferred property that is an easement registered under the Transfer of Land Act 1958. * * * * * Electricity Industry (Residual Provisions) Act 1993 - SECT 153TK Evidence 153TK. Evidence (1) Documentary or other evidence that would have been admissible for or against the interests of LYP in relation to former LYP property if this Part had not been enacted, is admissible for or against the interests of the LYP transferee. (2) Division 3A of Part III of the Evidence Act 1958 continues to apply with respect to the books of account of LYP and to entries made in those books of account before the relevant date, whether or not they relate to former LYP property. (3) In subsection (2), books of account has the same meaning as in Division 3A of Part III of the Evidence Act 1958. Electricity Industry (Residual Provisions) Act 1993 - SECT 153TL Validity of things done under this Part 153TL. Validity of things done under this Part (1) Nothing effected by this Part or done or suffered under this Part or the cessation of carrying on business by LYP- (a) is to be regarded as placing LYP, the State, a Minister or another person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or (b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or (c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or (d) releases any surety or other obligee wholly or in part from any obligation. (2) The validity of any act or transaction of LYP must not be called in question in any proceedings on the ground that any provision of this Act had not been complied with. Division 4-Staff Electricity Industry (Residual Provisions) Act 1993 - SECT 153TM List of LYP staff 153TM. List of LYP staff (1) Before the relevant date, LYP must prepare and submit to the Minister and Treasurer a document signed by the chief executive officer listing officers and employees of LYP and specifying, in respect of each such officer or employee, the person by which he or she is to be regarded as having been employed by virtue of section 153TN with effect from the relevant date. (2) The document may be amended by instrument signed by the chief executive officer and given to the Minister and Treasurer and the amendment is to be regarded as having effect, or having had effect, from the relevant date. (3) Nothing in this section prevents a person listed in the document as an officer or employee of LYP from resigning or being dismissed at any time before the relevant date in accordance with the terms and conditions of his or her appointment or employment. Electricity Industry (Residual Provisions) Act 1993 - SECT 153TN Transfer of LYP staff 153TN. Transfer of LYP staff (1) A person listed as an officer or employee of LYP in a document under section 153TM who was such an officer or employee immediately before the relevant date is to be regarded as- (a) having been employed by the new employer with effect from the relevant date; and (b) having been so employed on the same terms and conditions as those that applied to the person, immediately before the relevant date, as an officer or employee of LYP; and (c) having accrued an entitlement to benefits, in connection with that employment by the new employer, that is equivalent to the entitlement that the person had accrued, as an officer or employee of LYP, immediately before the relevant date. (2) The service of a transferred LYP employee as an employee of the new employer is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the relevant date, as an officer or employee of LYP. (3) A transferred LYP employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer or employee of LYP because of this Act. (4) A certificate purporting to be signed by the Administrator certifying that a person named in the certificate was with effect from the relevant date employed, by virtue of this section, by a person named in the certificate is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it. Electricity Industry (Residual Provisions) Act 1993 - SECT 153TO Future terms and conditions of transferred employees 153TO. Future terms and conditions of transferred employees Nothing in section 153TN prevents- (a) any of the terms and conditions of employment of a transferred LYP employee from being altered by or under any law, award or agreement with effect from any time after the relevant date; or (b) a transferred LYP employee from resigning or being dismissed at any time after the relevant date in accordance with the then existing terms and conditions of his or her employment by the new employer. Electricity Industry (Residual Provisions) Act 1993 - SECT 153TP Superannuation 153TP. Superannuation Without limiting section 84(5), SEC may, at any time before or after the relevant date, amend the rules referred to in section 84(1) to recognise for the purposes of membership of the Victorian Electricity Industry Superannuation Fund the continuity of service that must be taken to exist by virtue of section 153TN(2). _______________ Electricity Industry (Residual Provisions) Act 1993 - PART 11AC PART 11AC TRANSFER OF CERTAIN PROPERTY AND STAFF OF NOMINATED TRANSFEROR COMPANIES Division 1-Definitions and applications Electricity Industry (Residual Provisions) Act 1993 - SECT 153TQ Definitions 153TQ. Definitions (1) In this Part- former TCO property means property, rights or liabilities of a TCO that, under this Part, have vested in, or become liabilities of another person; new employer, in relation to a transferred TCO employee, means the person by which, by virtue of section 153TZE, the transferred TCO employee is regarded as being employed with effect from the relevant date; relevant date- (a) in relation to an allocation statement or property, rights or liabilities allocated under an allocation statement, means the date fixed by the Minister under subsection (2) for the purposes of that statement; (b) in relation to a document referred to in section 153TZD(1), means a date fixed by the Minister under subsection (2) for the purposes of that document; TCO means a transferor company that is nominated by the Minister under section 153TR; TCO instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date in relation to a TCO- (a) to which the TCO was a party; or (b) that was given to or in favour of the TCO; or (c) that refers to the TCO; or (d) under which- (i) money is, or may become, payable to or by the TCO; or (ii) other property is to be, or may become liable to be, transferred to or by the TCO; TCO transferee, in relation to former TCO property, means the person to which the property has been transferred under this Part; transferred TCO employee means a person who, by virtue of section 153TZE, is regarded as being employed by a new employer with effect from the relevant date; transferor company means Victorian Power Exchange Pty Ltd A.C.N. 080 200 371 or a public transmission company or a public generation company. (2) The Minister may, by notice published in the Government Gazette- (a) fix a relevant date for the purposes of an allocation statement under section 153TS; (b) fix a relevant date for the purposes of a document referred to in section 153TZD(1). Electricity Industry (Residual Provisions) Act 1993 - SECT 153TR Nomination of transferor company 153TR. Nomination of transferor company (1) If the Treasurer, on behalf of the State, enters into an agreement for the sale or transfer of property, rights and liabilities of a transferor company, the Treasurer may nominate the transferor company for the purpose of this Part. (2) The Treasurer may nominate Victorian Power Exchange Pty Ltd A.C.N. 080 200 371 as a transferor company for the purposes of this Part. Division 2-Allocation of property Electricity Industry (Residual Provisions) Act 1993 - SECT 153TS TCO to prepare allocation statement 153TS. TCO to prepare allocation statement (1) The TCO must give to the Treasurer and the Minister, within the period of 3 months after the date on which the TCO is nominated under section 153TR or within such longer period as the Treasurer and the Minister approve, a statement or statements approved by the Minister relating to the property, rights and liabilities of the TCO as at a date specified by the Minister for the purposes of the relevant statement. (2) A statement under this section- (a) must allocate the property, rights and liabilities of the TCO shown in the statement to, or between, the person or persons nominated in writing by the Minister; (b) must be signed by the chief executive officer of the TCO. (3) If a statement under this section is approved by the Treasurer and the Minister- (a) the Treasurer and the Minister must sign the statement; and (b) the statement is an allocation statement for the purposes of this Part. (4) The Treasurer and the Minister may at any time direct the TCO to amend a statement given to them under this section as specified in the direction. (5) An allocation statement under this section may be amended by writing signed by the Treasurer and the Minister. (6) A direction under subsection (4) or an amendment under subsection (5) that would affect a person or persons nominated by the Minister under subsection (1) must not be given or made unless that person or those persons are, or are wholly owned by, the State or a statutory authority or have consented in writing to the direction or amendment. (7) In this section, statement and allocation statement include a statement or allocation statement amended in accordance with this section. Electricity Industry (Residual Provisions) Act 1993 - SECT 153TT Certificate of Administrator 153TT. Certificate of Administrator (1) A certificate signed by the Administrator certifying that property, rights or liabilities of the TCO specified in the certificate have been allocated under the allocation statement to a person so specified is, unless revoked under subsection (2), conclusive evidence- (a) that the property, rights or liabilities have been so allocated; and (b) that the property, rights or liabilities vested in or became the property, rights or liabilities of the person on the relevant date. (2) If the Treasurer and the Minister so direct the Administrator in writing, the Administrator must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate. (3) The Administrator- (a) must keep a register of certificates issued under this section; and (b) must make the register reasonably available for inspection by an interested person. Division 3-Transfer of property Electricity Industry (Residual Provisions) Act 1993 - SECT 153TU Property transferred 153TU. Property transferred On the relevant date- (a) all property and rights of the TCO, wherever located, that are allocated under an allocation statement relating to the TCO to a person, or any 2 or more persons, vest in that person or persons; and (b) all liabilities of the TCO, wherever located, that are allocated under an allocation statement relating to the TCO to a person, or to any 2 or more persons, become liabilities of that person or persons. Electricity Industry (Residual Provisions) Act 1993 - SECT 153TUA Value to TCO of transferred property 153TUA. Value to TCO of transferred property If, in an agreement for the sale by the TCO of the business or assets of the TCO, a value is ascribed to property, rights or liabilities that are allocated to a TCO transferee under an allocation statement, that value is deemed to be consideration paid to, or received by, the TCO. Electricity Industry (Residual Provisions) Act 1993 - SECT 153TV Allocation of property etc. subject to encumbrances 153TV. Allocation of property etc. subject to encumbrances Unless an allocation statement under this Part otherwise provides, where, under this Part- (a) property and rights vest in; or (b) liabilities become liabilities of- a person or 2 or more persons- (c) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and (d) the rights to which the TCO was entitled in respect of those liabilities immediately before they ceased to be liabilities of the TCO vest in the person or persons. Electricity Industry (Residual Provisions) Act 1993 - SECT 153TW Substitution of party to agreement 153TW. Substitution of party to agreement If, under an allocation statement, the rights and liabilities of the TCO under an agreement are allocated to a person- (a) the person becomes, on the relevant date, a party to the agreement in place of the TCO; and (b) on and after the relevant date, the agreement has effect as if the person had always been a party to the agreement. Electricity Industry (Residual Provisions) Act 1993 - SECT 153TX TCO instruments 153TX. TCO instruments Each TCO instrument relating to former TCO property continues to have effect according to its tenor on and after the relevant date as if a reference in the instrument to the TCO were a reference to the TCO transferee. Electricity Industry (Residual Provisions) Act 1993 - SECT 153TY Proceedings 153TY. Proceedings If, immediately before the relevant date, proceedings relating to former TCO property (including arbitration proceedings) to which the TCO was a party were pending or existing in any court or tribunal, then, on and after that date, the TCO transferee is substituted for the TCO as a party to the proceedings and has the same rights in the proceedings as the TCO had. Electricity Industry (Residual Provisions) Act 1993 - SECT 153TZ Interests in land 153TZ. Interests in land Without prejudice to the generality of this Part and despite anything to the contrary in any other Act or law, if, immediately before the relevant date, the TCO is, in relation to former TCO property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date- (a) the TCO transferee is to be taken to be the registered proprietor of that interest in land; and (b) the TCO transferee has the same rights and remedies in respect of that interest as the TCO has. Electricity Industry (Residual Provisions) Act 1993 - SECT 153TZA Amendment of Register 153TZA. Amendment of Register (1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the Administrator, must make any amendments in the Register that are necessary because of the operation of this Part. (1A) Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for amendment to the Register in relation to transferred property that is an easement registered under the Transfer of Land Act 1958. * * * * * Electricity Industry (Residual Provisions) Act 1993 - SECT 153TZB Evidence 153TZB. Evidence (1) Documentary or other evidence that would have been admissible for or against the interests of the TCO in relation to former TCO property if this Part had not been enacted, is admissible for or against the interests of the TCO transferee. (2) Division 3A of Part III of the Evidence Act 1958 continues to apply with respect to the books of account of the TCO and to entries made in those books of account before the relevant date, whether or not they relate to former TCO property. (3) In subsection (2), books of account has the same meaning as in Division 3A of Part III of the Evidence Act 1958. Electricity Industry (Residual Provisions) Act 1993 - SECT 153TZC Validity of things done under this Part 153TZC. Validity of things done under this Part (1) Nothing effected by this Part or done or suffered under this Part or the cessation of carrying on business by a TCO- (a) is to be regarded as placing the TCO, the State, a Minister or another person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or (b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or (c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or (d) releases any surety or other obligee wholly or in part from any obligation. (2) The validity of any act or transaction of a TCO must not be called in question in any proceedings on the ground that any provision of this Act had not been complied with. Division 4-Staff Electricity Industry (Residual Provisions) Act 1993 - SECT 153TZD List of TCO staff 153TZD. List of TCO staff (1) Before the relevant date in relation to a TCO, the TCO must prepare and submit to the Minister and Treasurer a document signed by the chief executive officer listing officers and employees of the TCO and specifying, in respect of each such officer or employee, the person by which he or she is to be regarded as having been employed by virtue of section 153TZE with effect from the relevant date. (2) The document may be amended by instrument signed by the chief executive officer and given to the Minister and Treasurer and the amendment is to be regarded as having effect, or having had effect, from the relevant date. (3) Nothing in this section prevents a person listed in the document as an officer or employee of the TCO from resigning or being dismissed at any time before the relevant date in accordance with the terms and conditions of his or her appointment or employment. Electricity Industry (Residual Provisions) Act 1993 - SECT 153TZE Transfer of TCO staff 153TZE. Transfer of TCO staff (1) A person listed as an officer or employee of a TCO in a document under section 153TZD who was such an officer or employee immediately before the relevant date in relation to the TCO is to be regarded as- (a) having been employed by the new employer with effect from the relevant date; and (b) having been so employed on the same terms and conditions as those that applied to the person, immediately before the relevant date, as an officer or employee of the TCO; and (c) having accrued an entitlement to benefits, in connection with that employment by the new employer, that is equivalent to the entitlement that the person had accrued, as an officer or employee of the TCO, immediately before the relevant date. (2) The service of a transferred TCO employee as an employee of the new employer is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the relevant date, as an officer or employee of the TCO. (3) A transferred TCO employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer or employee of the TCO because of this Act. (4) A certificate purporting to be signed by the Administrator certifying that a person named in the certificate was with effect from the relevant date employed, by virtue of this section, by a person named in the certificate is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it. Electricity Industry (Residual Provisions) Act 1993 - SECT 153TZF Future terms and conditions of transferred employees 153TZF. Future terms and conditions of transferred employees Nothing in section 153TZE prevents- (a) any of the terms and conditions of employment of a transferred TCO employee from being altered by or under any law, award or agreement with effect from any time after the relevant date; or (b) a transferred TCO employee from resigning or being dismissed at any time after the relevant date in accordance with the then existing terms and conditions of his or her employment by the new employer. Electricity Industry (Residual Provisions) Act 1993 - SECT 153TZG Superannuation SECT 153TZG. Superannuation Without limiting section 84(5), SEC may, at any time before or after the relevant date, amend the rules referred to in section 84(1) to recognise for the purposes of membership of the Victorian Electricity Industry Superannuation Fund the continuity of service that must be taken to exist by virtue of section 153TZE(2). _______________ Electricity Industry (Residual Provisions) Act 1993 - PART 11B PART 11B PROVISIONS RELATING TO PRIVATISATION Electricity Industry (Residual Provisions) Act 1993 - SECT 153U Treasurer may be party to agreement for sale 153U. Treasurer may be party to agreement for sale The Treasurer, on behalf of the Government of Victoria, may be a party to an agreement for the sale or disposal of shares in or other property of a public distribution company, public transmission company or a public generation company, being a sale or disposal on such terms and conditions as the Treasurer approves. Electricity Industry (Residual Provisions) Act 1993 - SECT 153UA Loy Yang B transaction 153UA. Loy Yang B transaction The Treasurer, on behalf of the Government of Victoria, is deemed to have been authorised to enter into, and may give effect to, the LYB Transaction Implementation Agreement and may enter into and give effect to all transactions referred to or contemplated in the LYB Transaction Implementation Agreement, including the sale of the interest in the Loy Yang B Power Station held by Loy Yang B Power Station Pty Ltd. Electricity Industry (Residual Provisions) Act 1993 - SECT 153V Transfer of shares to SEC 153V. Transfer of shares to SEC (1) The Treasurer may, on behalf of the Government of Victoria, direct that the shares in a public distribution company, public transmission company or a public generation company that are held by or on behalf of the State or a statutory authority be transferred to SEC for such consideration (if any) as the Treasurer determines. (2) SEC must pay to the Treasurer the consideration determined under subsection (1) upon the transfer of the relevant shares to SEC. (3) No stamp duty or other tax is chargeable under any Act in respect of the transfer of shares to SEC in accordance with this section. Electricity Industry (Residual Provisions) Act 1993 - SECT 153W Distribution company, transmission company or generation company to pay certain amounts to SEC 153W. Distribution company, transmission company or generation company to pay certain amounts to SEC (1) A distribution company that is liable under section 121(3) to pay certain amounts to the Treasurer must, if so directed by the Treasurer, pay those amounts to SEC and not to the Treasurer. (1A) A transmission company that is liable under section 103(3) to pay certain amounts to the Treasurer must, if so directed by the Treasurer, pay those amounts to SEC and not to the Treasurer. (2) A distribution company that is liable under section 141(3) to pay certain amounts to the Treasurer must, if so directed by the Treasurer, pay those amounts to SEC and not to the Treasurer. (3) A generation company that is liable under section 153F(3) to pay certain amounts to the Treasurer must, if so directed by the Treasurer, pay those amounts to SEC and not to the Treasurer. (4) If the Treasurer so determines, SEC must pay to the Treasurer such amount as the Treasurer determines as consideration for the entitlement to receive payments from a distribution company, a transmission company or a generation company under this section. Electricity Industry (Residual Provisions) Act 1993 - SECT 153X Freedom of Information Act 1982 153X. Freedom of Information Act 1982 The Freedom of Information Act 1982 does not apply to a document to the extent to which the document discloses information about- (a) the identity of any person expressing an interest in purchasing, or making an offer to purchase, any shares in a public distribution company, a public transmission company or a public generation company or any property or rights of such a company; or (b) the terms of any expression of interest or offer referred to in paragraph (a); or (c) the terms of the LYB Transaction Implementation Agreement or the transactions referred to or contemplated in that Agreement. _______________ Electricity Industry (Residual Provisions) Act 1993 - PART 12 PART 12 REGULATION OF ELECTRICITY INDUSTRY Electricity Industry (Residual Provisions) Act 1993 - SECT 154 Definitions 154. Definitions In this Part- * * * * * * * * * * * * * * * * * * * * * * * * * pool rules means the rules relating to the operation of the market for wholesale trading in electricity operated and administered by VPX; retailer means the holder of a licence to sell electricity otherwise than through the wholesale electricity market. Electricity Industry (Residual Provisions) Act 1993 - SECT 155 Construction of Part 155. Construction of Part This Part is relevant legislation for the purposes of the Office of the Regulator-General Act 1994. * * * * * Electricity Industry (Residual Provisions) Act 1993 - SECT 156 Application of Part 156. Application of Part This Part applies to any person, including SEC, an electricity corporation, VPX and any distribution company, transmission company and generation company. Electricity Industry (Residual Provisions) Act 1993 - SECT 157 Objectives of the Commission 157. Objectives of the Commission The objectives of the Commission under this Act are- (a) to promote competition in the generation, supply and sale of electricity; (b) to ensure the maintenance of an efficient and economic system for the generation, transmission, distribution, supply and sale of electricity; (c) to protect the interests of consumers with respect to electricity prices and the safety, reliability and quality of electricity supply; (d) to facilitate the maintenance of a financially viable electricity supply industry. * * * * * * * * * * * * * * * * * * * * * * * * * Electricity Industry (Residual Provisions) Act 1993 - SECT 158BA Power to regulate certain changes 158BA. Power to regulate certain changes (1) The Governor in Council, by Order published in the Government Gazette, may regulate, in such manner as the Governor in Council sees fit, the price payable for electricity purchased from time to time under the pool rules for the purpose of- (a) reducing the price payable by SEC for electricity purchased by SEC to satisfy its obligations under the agreements, contracts and deeds referred to in Part A of Schedule 3; and (b) increasing the price payable by persons other than SEC for electricity purchased under the pool rules during a period so that the total amount payable for the volume of electricity purchased by those persons during that period is increased by an amount that is approximately the same as the amount of the reduction under paragraph (a) as applied to the volume of electricity purchased by SEC during that period. * * * * * (2) An Order under subsection (1)- (a) may specify different prices, or different methods of determining prices, to be payable or applicable to different persons purchasing electricity under the pool rules; and (b) may provide that the pool rules apply as modified by the Order from the date specified in the Order. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * _______________ * * * * * _______________ Electricity Industry (Residual Provisions) Act 1993 - PART 14 PART 14 LATROBE VALLEY LAND Division 1-Surrender of land Electricity Industry (Residual Provisions) Act 1993 - SECT 183 Surrender of land to Crown 183. Surrender of land to Crown By force of this section- (a) the whole of the land described in the folios of the Register set out in Table A of Part 1 of Schedule 3A and the whole of the land described in the former certificates of title set out in Table B of Part 1 of Schedule 3A- (i) is divested from Generation Victoria, SEC, Yallourn Energy Limited A.C.N. 065 325 224 and Hazelwood Power Corporation Limited A.C.N. 065 381 204; and (ii) reverts to the Crown; and (iii) subject to section 184, is deemed to be unalienated Crown land freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and (b) the folios of the Register set out in Table A of Part 1 of Schedule 3A and the folio of the Register describing the land formerly contained in Certificate of Title Volume 9819 folio 592 are revoked. Electricity Industry (Residual Provisions) Act 1993 - SECT 184 Preservation of leases 184. Preservation of leases (1) In this section lease includes an agreement, licence or other interest arising under or in relation to a lease whether or not the lease has expired and an interest in the nature of a lease and sub-lease has a corresponding meaning. (2) Section 183 does not affect the status or continuity of any lease of land specified in Part 2 of Schedule 3A and existing immediately before the commencement of section 37 of the Electricity Industry (Amendment) Act 1995 and that lease has effect- (a) as a lease between the Minister administering the Land Act 1958 as lessor and the lessee for the time being under the lease, as if it had been assigned to the Minister; and (b) as if it referred to the Minister instead of to the lessor (however described). (3) Section 183 does not affect the status or continuity of any sub-lease existing over the land affected by a lease specified in Part 2 of Schedule 3A at the date of commencement of section 37 of the Electricity Industry (Amendment) Act 1995. (4) Subject to subsection (5), the issue of a Crown grant of any land affected by a lease specified in Part 2 of Schedule 3A and existing immediately before the date of issue of the Crown grant does not affect the status or continuity of the lease of that land and that lease has effect on and from the issue of the Crown grant- (a) as a lease between the person to whom the Crown grant is made as lessor and the lessee for the time being under the lease, as if it had been assigned to the person to whom the Crown grant is made; and (b) as if the lease referred to the person to whom the Crown grant is made instead of to the lessor (however described). (5) If more than one Crown grant is issued of any land affected by a lease specified in Part 2 of Schedule 3A and existing immediately before the date of issue of the Crown grants, the issue of the Crown grants does not affect the status or continuity of the lease of that land and that lease has effect on and from the issue of the Crown grants- (a) as a lease between the persons to whom the respective Crown grants are made as joint lessors and the lessee for the time being under the lease, as if it had been assigned jointly to the persons to whom the respective Crown grants are made; and (b) as if the lease referred to the persons to whom the respective Crown grants are made instead of to the lessor (however described). (6) The issue of a Crown grant in respect of any land affected by a lease specified in Part 2 of Schedule 3A does not affect the status or continuity of any sub-lease existing over that land at the time of the issue of the Crown grant in respect of that land. (7) This section has effect despite anything to the contrary in any Act or law or in a Crown grant of the land. (8) Nothing effected by this section is to be regarded as placing any person in breach of or as constituting a default under any provision of a lease, including any provision prohibiting, restricting or regulating the assignment of the lease. Electricity Industry (Residual Provisions) Act 1993 - SECT 185 Preservation of SEC easement 185. Preservation of SEC easement Any easement vested in SEC which is expressed in any instrument to be appurtenant to the land described in Crown Grant Volume 5097 folio 351 is deemed, despite anything to the contrary in that first-mentioned instrument, on and after the commencement of section 37 of the Electricity Industry (Amendment) Act 1995 to be and always to be an easement vested in SEC and appurtenant to the lands vested in SEC for the time being and from time to time and to every part thereof. Electricity Industry (Residual Provisions) Act 1993 - SECT 186 PTC land to be surrendered 186. PTC land to be surrendered By force of this section- (a) the lands remaining in folios of the Register Volume 8099 folio 786 and Volume 8456 folio 416- (i) are divested from the Public Transport Corporation; and (ii) revert to the Crown; and (iii) are deemed to be unalienated Crown land freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and (b) folios of the Register Volume 8099 folio 786 and Volume 8456 folio 416 are revoked. Electricity Industry (Residual Provisions) Act 1993 - SECT 187 Certain residual lands to be surrendered to the Crown 187. Certain residual lands to be surrendered to the Crown (1) By force of this section- (a) the lands remaining in folios of the Register Volume 6650 folio 968, Volume 7241 folio 102 and Volume 7128 folio 520- (i) are deemed to be surrendered to the Crown; and (ii) are deemed to be unalienated Crown land freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and (iii) cease to be roads and parts of roads and, in addition to the provisions of subparagraph (ii), all rights, easements and privileges existing or claimed in the land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise cease; and (b) folios of the Register Volume 6650 folio 968, Volume 7241 folio 102 and Volume 7128 folio 520 are revoked. (2) Yallourn Energy Limited A.C.N. 065 325 224 is liable to pay compensation for any loss or damage suffered as a result of the surrender of land to the Crown under subsection (1) to any person who immediately before the commencement of section 37 of the Electricity Industry (Amendment) Act 1995 was the registered proprietor of the land. (3) The amount of compensation payable to a person under subsection (2) shall be- (a) the amount agreed between Yallourn Energy Limited A.C.N. 065 325 224 and the person; or (b) if agreement is not reached, the amount determined as if the amount of compensation payable were a disputed claim under Part 10 of the Land Acquisition and Compensation Act 1986. Division 2-Revocation of reservations and closure of roads Electricity Industry (Residual Provisions) Act 1993 - SECT 188 Revocation of reservations-Morwell West land 188. Revocation of reservations-Morwell West land (1) The Order in Council specified in item 1 of Part 3 of Schedule 3A is revoked. (2) The Order in Council specified in item 2 of Part 3 of Schedule 3A is revoked. (3) The Order in Council specified in item 3 of Part 3 of Schedule 3A is revoked. Electricity Industry (Residual Provisions) Act 1993 - SECT 189 Revocation of reservations-Hernes Oak land 189. Revocation of reservations-Hernes Oak land (1) The Order in Council specified in item 4 of Part 3 of Schedule 3A is revoked. (2) The Order in Council specified in item 5 of Part 3 of Schedule 3A is revoked. Electricity Industry (Residual Provisions) Act 1993 - SECT 190 Revocation of reservation-La Trobe river 190. Revocation of reservation-La Trobe river The Order in Council specified in item 6 of Part 3 of Schedule 3A, insofar as it applies to the land delineated and coloured light green on a plan lodged in the Central Plan Office of the Department of Treasury and Finance and numbered LEGL/95-69, is revoked. Electricity Industry (Residual Provisions) Act 1993 - SECT 191 Revocation of reservation-Morwell river 191. Revocation of reservation-Morwell river The Order in Council specified in item 7 of Part 3 of Schedule 3A, insofar as it applies to the land delineated and coloured light green on the plans lodged in the Central Plan Office of the Department of Treasury and Finance and numbered LEGL/95-69 and LEGL/95-71, is revoked. Electricity Industry (Residual Provisions) Act 1993 - SECT 192 Consequences of revoking a reservation 192. Consequences of revoking a reservation On the revocation by this Division of an Order in Council reserving land- (a) the land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; (b) the appointment of any committee of management is revoked to the extent that it applies to the land; (c) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to the land. Electricity Industry (Residual Provisions) Act 1993 - SECT 193 Rights to cease 193. Rights to cease The lands delineated and coloured blue on the plans lodged in the Central Plan Office of Department of Treasury and Finance and numbered LEGL/95-69 and LEGL/95-70 cease to be roads or parts of roads and all rights, easements and privileges existing or claimed in the land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise cease. Electricity Industry (Residual Provisions) Act 1993 - SECT 194 Powers to lease in relation to certain Latrobe River land 194. Powers to lease in relation to certain Latrobe River land (1) Despite anything to the contrary in section 17D of the Crown Land (Reserves) Act 1978, a lease may be granted under that section in respect of any part of the Latrobe River land for a period of up to 50 years for such purposes as the Minister administering that Act determines. (2) Nothing in the Crown Land (Reserves) Act 1978 prevents a lessee of any part of the Latrobe River land from sub-letting that land provided the consent of the Minister administering that Act is first obtained. (3) In this section Latrobe River land means- (a) the bed and banks of the Latrobe River from the point 50 metres upstream of the centre of the Yallourn Storage Dam to the confluence of the Latrobe River and Andersons Creek, Yallourn; and (b) any area of reserved Crown land on either side of the banks of that section of the Latrobe River whether reserved before or after the commencement of section 37 of the Electricity Industry (Amendment) Act 1995. Division 3-General Electricity Industry (Residual Provisions) Act 1993 - SECT 195 Issue of Crown grant 195. Issue of Crown grant (1) The Governor in Council, on behalf of the Crown, may grant to Yallourn Energy Limited A.C.N. 065 325 224, Hazelwood Power Corporation Limited A.C.N. 065 381 204 or the State Electricity Commission of Victoria for an estate in fee simple- (a) any unalienated Crown land that is not reserved under the Crown Land (Reserves) Act 1978; or (b) any land that reverts or is surrendered to the Crown under this Part. (2) A Crown grant under this section is subject to any terms, conditions, covenants, exceptions, reservations and limitations that the Governor in Council may determine. (3) A Crown grant under this section may make any adjustments necessary to correct any defect in boundaries found on survey. (4) A Crown grant under this section may provide for the land to be granted as to the surface and down to a depth specified in the grant being a depth below the surface of not more than 300 metres. Electricity Industry (Residual Provisions) Act 1993 - SECT 196 Registrar-General and Registrar of Titles to make necessary amendments to records 196. Registrar-General and Registrar of Titles to make necessary amendments to records * * * * * (2) The Registrar of Titles, on being requested to do so, must make any amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Part. Electricity Industry (Residual Provisions) Act 1993 - SECT 197 Exemption from stamp duty and other taxes 197. Exemption from stamp duty and other taxes No stamp duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part. _______________ Electricity Industry (Residual Provisions) Act 1993 - PART 15 PART 15 LOY YANG LAND Division 1-Surrender of land Electricity Industry (Residual Provisions) Act 1993 - SECT 198 Surrender of land to Crown 198. Surrender of land to Crown By force of this section- (a) the whole of the land described in the folios of the Register set out in Table A of Part 1 of Schedule 3B and the whole of the land described in the former certificates of title set out in Table B of Part 1 of Schedule 3B- (i) is divested from Generation Victoria, SEC and Loy Yang Power Limited A.C.N. 065 381 240; and (ii) reverts to the Crown; and (iii) subject to sections 199 and 200, is deemed to be unalienated Crown land freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and (b) the folios of the Register set out in Table A of Part 1 of Schedule 3B are revoked. Electricity Industry (Residual Provisions) Act 1993 - SECT 199 Preservation of leases 199. Preservation of leases (1) In this section lease includes an agreement, licence or other interest arising under or in relation to a lease whether or not the lease has expired and an interest in the nature of a lease and sub-lease has a corresponding meaning. (2) Section 198 does not affect the status or continuity of any lease of land specified in Part 2 of Schedule 3B and existing immediately before the commencement of section 18 of the Electricity Industry (Further Amendment) Act 1995 and that lease has effect- (a) as a lease between the Minister administering the Land Act 1958 as lessor and the lessee for the time being under the lease, as if it had been assigned to the Minister; and (b) as if it referred to the Minister instead of to the lessor (however described). (3) Section 198 does not affect the status or continuity of any sub-lease existing over the land affected by a lease specified in Part 2 of Schedule 3B at the date of commencement of section 18 of the Electricity Industry (Further Amendment) Act 1995. (4) Subject to subsection (5), the issue of a Crown grant of any land affected by a lease specified in Part 2 of Schedule 3B and existing immediately before the date of issue of the Crown grant does not affect the status or continuity of the lease of that land and that lease has effect on and from the issue of the Crown grant- (a) as a lease between the person to whom the Crown grant is made as lessor and the lessee for the time being under the lease, as if it had been assigned to the person to whom the Crown grant is made; and (b) as if the lease referred to the person to whom the Crown grant is made instead of to the lessor (however described). (5) If more than one Crown grant is issued of any land affected by a lease specified in Part 2 of Schedule 3B and existing immediately before the date of issue of the Crown grants, the issue of the Crown grants does not affect the status or continuity of the lease of that land and that lease has effect on and from the issue of the Crown grants- (a) as a lease between the persons to whom the respective Crown grants are made as joint lessors and the lessee for the time being under the lease, as if it had been assigned jointly to the persons to whom the respective Crown grants are made; and (b) as if the lease referred to the persons to whom the respective Crown grants are made instead of to the lessor (however described). (6) The issue of a Crown grant in respect of any land affected by a lease specified in Part 2 of Schedule 3B does not affect the status or continuity of any sub-lease existing over that land at the time of the issue of the Crown grant in respect of that land. (7) This section has effect despite anything to the contrary in any Act or law or in a Crown grant of the land. (8) Nothing effected by this section is to be regarded as placing any person in breach of or as constituting a default under any provision of a lease, including any provision prohibiting, restricting or regulating the assignment of the lease. Electricity Industry (Residual Provisions) Act 1993 - SECT 200 Certain interests not affected by surrender and grant of land 200. Certain interests not affected by surrender and grant of land (1) Section 198 does not affect the status or continuity of any easement or restrictive covenant granted or given under or pursuant to an agreement referred to in Part 3 of Schedule 3B and existing immediately before the commencement of section 18 of the Electricity Industry (Further Amendment) Act 1995 and for that purpose the easement or restrictive covenant is deemed to have been granted or given by the Minister administering the Land Act 1958. (2) The issue of a Crown grant of any land affected by any easement or restrictive covenant granted or given under an agreement referred to in Part 3 of Schedule 3B and existing immediately before the date of issue of the Crown grant does not affect the status or continuity of that easement or restrictive covenant and for that purpose the easement or restrictive covenant is deemed to have been granted or given by the Crown grantee of the land. (3) A caveat in the same terms and to the same effect as a caveat referred to in Part 3 of Schedule 3B in respect of land is deemed to have been relodged under the Transfer of Land Act 1958 immediately after a Crown grant of that land is issued under this Part. (4) On being notified of the issue of a Crown grant of land over which a caveat is deemed under subsection (3) to be relodged, the Registrar of Titles must make any recordings in the Register under the Transfer of Land Act 1958 that are necessary to give particulars of that caveat in respect of that land. (5) This section has effect despite anything to the contrary in the Transfer of Land Act 1958 or any other Act or law or in a Crown grant of the land. (6) Nothing in this section makes the Crown a party to any agreement referred to in Part 3 of Schedule 3B or affects the status or operation of that agreement. (7) Nothing effected by this section or done under this section- (a) is to be regarded as placing the Crown or another person in breach of contract or confidence or as otherwise making either of them guilty of a civil wrong; (b) is to be regarded as placing either of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or (c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or (d) releases any surety or other obligee wholly or in part from any obligation. Electricity Industry (Residual Provisions) Act 1993 - SECT 201 La Trobe Shire Council land to be surrendered 201. La Trobe Shire Council land to be surrendered By force of this section- (a) the whole of the land described in folio of the Register Volume 5677 folio 326- (i) is divested from La Trobe Shire Council; and (ii) reverts to the Crown; and (iii) is deemed to be unalienated Crown land freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and (b) folio of the Register Volume 5677 folio 326 is revoked. Division 2-Revocation of reservation and closure of roads Electricity Industry (Residual Provisions) Act 1993 - SECT 202 Revocation of reservation-mechanics institute 202. Revocation of reservation-mechanics institute (1) The Order in Council specified in Part 4 of Schedule 3B is revoked. (2) Crown grant Volume 3421 folio 119 is revoked. (3) On the revocation by this section of an Order in Council reserving land- (a) the land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; (b) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to the land. Electricity Industry (Residual Provisions) Act 1993 - SECT 203 Rights in roads to cease 203. Rights in roads to cease The lands delineated and coloured blue on the plan lodged in the Central Plan Office of the Department of Treasury and Finance and numbered LEGL./95-85 cease to be roads or parts of roads and all rights, easements and privileges existing or claimed in the land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise cease. Division 3-General Electricity Industry (Residual Provisions) Act 1993 - SECT 204 Issue of Crown grant 204. Issue of Crown grant (1) The Governor in Council, on behalf of the Crown, may grant to Loy Yang Power Limited A.C.N. 065 381 240 or SEC for an estate in fee simple- (a) any unalienated Crown land that is not reserved under the Crown Land (Reserves) Act 1978; or (b) any land that reverts or is surrendered to the Crown under this Part. (2) A Crown grant under this section- (a) is subject to any terms, conditions, covenants, exceptions, reservations and limitations that the Governor in Council may determine; and (b) may provide for the land to be granted as to the surface and down to a depth specified in the grant being a depth below the surface of not more than 300 metres. (3) A Crown grant under this section may make any adjustments necessary to correct any defect in boundaries found on survey. Electricity Industry (Residual Provisions) Act 1993 - SECT 205 Registrar-General and Registrar of Titles to make necessary amendments to records 205. Registrar-General and Registrar of Titles to make necessary amendments to records * * * * * (2) The Registrar of Titles, on being requested to do so, must make any amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Part. Electricity Industry (Residual Provisions) Act 1993 - SECT 206 Exemption from stamp duty and other taxes 206. Exemption from stamp duty and other taxes No stamp duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part. _______________ Electricity Industry (Residual Provisions) Act 1993 - PART 16 PART 16 HAZELWOOD LAND Division 1-Surrender of land Electricity Industry (Residual Provisions) Act 1993 - SECT 207 Surrender of land to Crown 207. Surrender of land to Crown By force of this section- (a) the whole of the land described in the folios of the Register set out in Table A of Part 1 of Schedule 3C and the whole of the land described in the former certificates of title set out in Table B of Part 1 of Schedule 3C- (i) is divested from Generation Victoria, SEC, Hazelwood Power Corporation Limited A.C.N. 065 381 204, Powerworks Pty Ltd A.C.N. 065 325 466 and the Central Gippsland Region Water Authority; and (ii) reverts to the Crown; and (iii) subject to sections 208, 209 and 210, is deemed to be unalienated Crown land freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and (b) the folios of the Register set out in Table A of Part 1 of Schedule 3C are revoked. Electricity Industry (Residual Provisions) Act 1993 - SECT 208 Preservation of leases 208. Preservation of leases (1) In this section lease includes an agreement, licence or other interest arising under or in relation to a lease whether or not the lease has expired and an interest in the nature of a lease and sub-lease has a corresponding meaning. (2) Section 207 does not affect the status or continuity of any lease of land specified in Part 2 of Schedule 3C and existing immediately before the commencement of section 19 of the Electricity Industry (Further Amendment) Act 1995 and that lease has effect- (a) as a lease between the Minister administering the Land Act 1958 as lessor and the lessee for the time being under the lease, as if it had been assigned to the Minister; and (b) as if it referred to the Minister instead of to the lessor (however described). (3) Section 207 does not affect the status or continuity of any sub-lease existing over the land affected by a lease specified in Part 2 of Schedule 3C at the date of commencement of section 19 of the Electricity Industry (Further Amendment) Act 1995. (4) Subject to subsection (5), the issue of a Crown grant of any land affected by a lease specified in Part 2 of Schedule 3C and existing immediately before the date of issue of the Crown grant does not affect the status or continuity of the lease of that land and that lease has effect on and from the issue of the Crown grant- (a) as a lease between the person to whom the Crown grant is made as lessor and the lessee for the time being under the lease, as if it had been assigned to the person to whom the Crown grant is made; and (b) as if the lease referred to the person to whom the Crown grant is made instead of to the lessor (however described). (5) If more than one Crown grant is issued of any land affected by a lease specified in Part 2 of Schedule 3C and existing immediately before the date of issue of the Crown grants, the issue of the Crown grants does not affect the status or continuity of the lease of that land and that lease has effect on and from the issue of the Crown grants- (a) as a lease between the persons to whom the respective Crown grants are made as joint lessors and the lessee for the time being under the lease, as if it had been assigned jointly to the persons to whom the respective Crown grants are made; and (b) as if the lease referred to the persons to whom the respective Crown grants are made instead of to the lessor (however described). (6) The issue of a Crown grant in respect of any land affected by a lease specified in Part 2 of Schedule 3C does not affect the status or continuity of any sub-lease existing over that land at the time of the issue of the Crown grant in respect of that land. (7) This section has effect despite anything to the contrary in any Act or law or in a Crown grant of the land. (8) Nothing effected by this section is to be regarded as placing any person in breach of or as constituting a default under any provision of a lease, including any provision prohibiting, restricting or regulating the assignment of the lease. Electricity Industry (Residual Provisions) Act 1993 - SECT 209 Preservation of appurtenant SEC easements 209. Preservation of appurtenant SEC easements Any easement vested in SEC which is expressed in any instrument to be appurtenant to the land described in folio of the Register Volume 8217 folio 219 is deemed, despite anything to the contrary in that first-mentioned instrument, on and after the commencement of section 19 of the Electricity Industry (Further Amendment) Act 1995 to be and always to be an easement vested in SEC and appurtenant to the lands vested in SEC for the time being and from time to time and to every part thereof. Electricity Industry (Residual Provisions) Act 1993 - SECT 209A Preservation of appurtenant National Electricity easements 209A. Preservation of appurtenant National Electricity easements (1) Any easement vested in National Electricity immediately before 14 December 1995 which is expressed in any instrument to be appurtenant to the land described in folio of the Register Volume 8053 folio 479 is deemed to be an easement vested in National Electricity and appurtenant to the lands vested in National Electricity for the time being and from time to time and to every part thereof. (2) Subsection (1) applies- (a) despite anything to the contrary in any instrument; and (b) despite the surrender to the Crown under section 207 of the land described in former certificate of title Volume 8053 folio 479 and certificate of title Volume 8274 folio 867. Electricity Industry (Residual Provisions) Act 1993 - SECT 210 Preservation of other easements 210. Preservation of other easements (1) The surrender under section 207 of- (a) the land in folio of the Register Volume 8274 folio 748, does not affect the status or continuity of the drainage and sewerage easements coloured green on plan of subdivision LP 56904 lodged in the Office of Titles; and (b) the land in folio of the Register Volume 8274 folio 867, does not affect the status or continuity of the drainage easement coloured green on plan of subdivision LP 56794 lodged in the Office of Titles- and those easements have effect as if granted by the Minister administering the Land Act 1958. (2) A Crown grant of any land affected by an easement referred to in subsection (1) must be granted subject to the creation of an easement to the same effect as the first-mentioned easement. (3) This section has effect despite anything to the contrary in any Act or law or in a Crown grant of the land. Electricity Industry (Residual Provisions) Act 1993 - SECT 211 Gippsland Water land to be surrendered 211. Gippsland Water land to be surrendered By force of this section- (a) the whole of the land described in folio of the Register Volume 6493 folio 569- (i) is divested from Central Gippsland Region Water Authority; and (ii) reverts to the Crown; and (iii) is deemed to be unalienated Crown land freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and (b) folio of the Register Volume 6493 folio 569 is revoked. Electricity Industry (Residual Provisions) Act 1993 - SECT 212 La Trobe Shire Council land to be surrendered 212. La Trobe Shire Council land to be surrendered By force of this section- (a) the whole of the land described in folio of the Register Volume 6101 folio 127- (i) is divested from La Trobe Shire Council; and (ii) reverts to the Crown; and (iii) is deemed to be unalienated Crown land freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and (b) folio of the Register Volume 6101 folio 127 is revoked. Electricity Industry (Residual Provisions) Act 1993 - SECT 213 Roads Corporation land to be surrendered 213. Roads Corporation land to be surrendered (1) By force of this section- (a) the whole of the land described in Part 3 of Schedule 3C- (i) is divested from the Roads Corporation; and (ii) reverts to the Crown; and (iii) is deemed to be unalienated Crown land freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and (b) the folios of the Register set out in Part 3 of Schedule 3C are revoked. (2) By force of this section the whole of the land described in subsection (3)- (a) is divested from the Roads Corporation; and (b) reverts to the Crown; and (c) is deemed to be unalienated Crown land freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests. (3) Subsection (2) applies to- (a) the land described in the Second Schedule to the resolution of the Country Roads Board made under sections 21 and 58 of the Country Roads Act 1928 on 24 May 1954 in respect of the Jeeralang West-Road in the Shire of Morwell and confirmed by the Governor in Council on 1 June 1954 and published in the Government Gazette on 9 June 1954, page 3878 as amended by Order in Council dated 21 September 1954 published in the Government Gazette on 29 September 1954 page 6411; and (b) the lands shown cross-hatched on plans numbered G.P. 13736, G.P. 13737A, and G.P. 13737B in the Resolution of the Country Roads Board made under sections 21, 58 and 74 of the Country Roads Act 1958 on 8 December 1975 and published in the Government Gazette on 7 January 1976 pages 17 and 18; and (c) the land shown cross-hatched on plan numbered G.P. 13737C in the Resolution of the Country Roads Board made under sections 21, 58 and 110 of the Country Roads Act 1958 on 8 December 1975 and published in the Government Gazette on 7 January 1976 pages 19 and 20. Division 2-Revocation of reservation and closure of roads Electricity Industry (Residual Provisions) Act 1993 - SECT 214 Revocation of river reservation 214. Revocation of river reservation (1) The Order in Council specified in Part 4 of Schedule 3C, insofar as it applies to the land delineated and coloured light green on the plan lodged in the Central Plan Office of the Department of Treasury and Finance and numbered LEGL./95-84 is revoked. (2) On the revocation by this section of an Order in Council reserving land- (a) the land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; (b) the appointment of any committee of management is revoked to the extent that it applies to the land; (c) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to the land. Electricity Industry (Residual Provisions) Act 1993 - SECT 215 Rights in roads to cease 215. Rights in roads to cease The lands delineated and coloured blue on the plan lodged in the Central Plan Office of the Department of Treasury and Finance and numbered LEGL./95-84 cease to be roads or parts of roads and all rights, easements and privileges existing or claimed in the land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise cease. Division 3-General Electricity Industry (Residual Provisions) Act 1993 - SECT 216 Issue of Crown grant 216. Issue of Crown grant (1) The Governor in Council, on behalf of the Crown, may grant to Generation Victoria, SEC, Hazelwood Power Corporation Limited A.C.N. 065 381 204, Powerworks Pty Ltd A.C.N. 065 325 466 or the Central Gippsland Region Water Authority for an estate in fee simple- (a) any unalienated Crown land that is not reserved under the Crown Land (Reserves) Act 1978; or (b) any land that reverts or is surrendered to the Crown under this Part. (2) A Crown grant under this section- (a) is subject to any terms, conditions, covenants, exceptions, reservations and limitations that the Governor in Council may determine; and (b) may provide for the land to be granted as to the surface and down to a depth specified in the grant being a depth below the surface of not more than 300 metres. (3) A Crown grant under this section may make any adjustments necessary to correct any defect in boundaries found on survey. Electricity Industry (Residual Provisions) Act 1993 - SECT 217 Registrar-General and Registrar of Titles to make necessary amendments to records 217. Registrar-General and Registrar of Titles to make necessary amendments to records * * * * * (2) The Registrar of Titles, on being requested to do so, must make any amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Part. Electricity Industry (Residual Provisions) Act 1993 - SECT 218 Exemption from stamp duty and other taxes 218. Exemption from stamp duty and other taxes No stamp duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part. _______________ Electricity Industry (Residual Provisions) Act 1993 - PART 17 PART 17 OTHER LAND Electricity Industry (Residual Provisions) Act 1993 - SECT 219 Revocation of river reservation-Goulburn River 219. Revocation of river reservation-Goulburn River The Order in Council specified in item 1 of Part 5 of Schedule 3C is revoked insofar as it applies to the land delineated and coloured light green on the plan lodged in the Central Plan Office of the Office of Surveyor General and numbered LEGL./97-26. Electricity Industry (Residual Provisions) Act 1993 - SECT 220 Revocation of river reservation-Mitta Mitta River 220. Revocation of river reservation-Mitta Mitta River The Order in Council specified in item 2 of Part 5 of Schedule 3C is revoked insofar as it applies to the land delineated and coloured light green on the plan lodged in the Central Plan Office of the Office of Surveyor General and numbered LEGL./97-27. Electricity Industry (Residual Provisions) Act 1993 - SECT 221 Consequences of revoking reservations 221. Consequences of revoking reservations On the revocation under this Part of an Order in Council reserving land- (a) the land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; (b) the appointment of any committee of management is revoked to the extent that it applies to the land; (c) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to the land. Electricity Industry (Residual Provisions) Act 1993 - SECT 222 Rights in roads to cease 222. Rights in roads to cease The land delineated and coloured blue on the plans lodged in the Central Plan Office of the Office of Surveyor General and numbered LEGL./97-26 and LEGL./97-27 cease to be roads and all rights, easements and privileges existing or claimed in the land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise cease. Electricity Industry (Residual Provisions) Act 1993 - SECT 223 Certain rights deemed to be easements appurtenant to all lands of National Electricity 223. Certain rights deemed to be easements appurtenant to all lands of National Electricity The easements expressed in any instrument to be appurtenant to the land described in folio of the Register Volume 6017 Folio 307 are deemed to be easements vested in National Electricity and appurtenant to the lands vested in National Electricity for the time being and from time to time and to every part thereof despite the transfer of that land by Electricity Services Victoria on 22 March 1994 to- (a) Andreas Antonius Agterhuis; (b) Carol Joy Agterhuis; (c) Stephen Foster Smith; (d) Margaret Elizabeth Smith; (e) Kerry Mark Cunnington; (f) Ronald Jeffrey Francis James; (g) Ann James; (h) Jointmore Pty Ltd; (i) Josamit Holdings Pty Ltd. Electricity Industry (Residual Provisions) Act 1993 - SECT 224 Savings and transitional provisions 224. Savings and transitional provisions Schedule 4 has effect. __________________ Electricity Industry (Residual Provisions) Act 1993 - SCHEDULE 1 PROVISIONS APPLYING TO THE ELECTRICITY CORPORATIONS 1. Delegation An electricity corporation may, by instrument under its official seal, delegate to- (a) a director; or (b) an officer of the corporation by name or the holder of an office within the corporation; or (c) the members of a committee established by the corporation; or (d) with the consent of the Minister, any other person- any power of the corporation, other than- (e) this power of delegation; and (f) any power to make by-laws; and (g) any power to set a tariff or make or levy rates; and (h) any other power that is prescribed for the purposes of this clause. 2. Board of directors (1) There shall be a board of directors of each electricity corporation consisting of not less than 3, and not more than 9, directors appointed in accordance with this Act. (2) A board- (a) is responsible for the management of the affairs of the electricity corporation; and (b) may exercise the powers of the electricity corporation. 3. Constitution of board The board of directors of an electricity corporation shall consist of- (a) a chairperson; (b) if there is a chief executive officer of the corporation, the chief executive officer; (c) subject to clause 2, such number of general directors as the Minister and Treasurer determine. 4. Appointment of directors (1) The chairperson and other directors of an electricity corporation, other than the chief executive officer, shall be appointed by the Governor in Council, having regard to the expertise necessary for the corporation, other than the chief executive officer, to achieve its objectives. (2) The Public Administration Act 2004 (other than Part 5 of that Act) does not apply to a director of an electricity corporation in respect of the office of director. 5. Terms and conditions of appointment (1) A director of an electricity corporation appointed under clause 4 shall be appointed for such term, not exceeding 3 years, as is specified in the instrument of appointment, but is eligible for re-appointment. (2) A director of an electricity corporation appointed under clause 4 holds office, subject to this Act, on such terms and conditions as are determined by the Minister and Treasurer. * * * * * 6. Chief executive officer (1) The board of an electricity corporation may appoint a person approved by the Minister, after consultation with the Treasurer, as the chief executive officer of the corporation. (2) A chief executive officer holds office, subject to this Act, on a full-time basis and on such terms and conditions as are determined by the board and specified in the instrument of appointment. (3) The board of an electricity corporation may remove the chief executive officer from office. 7. Vacancies, resignations, removal from office (1) The office of a director of an electricity corporation appointed under clause 4 becomes vacant if the director- (a) without the board's approval, fails to attend 3 consecutive meetings of the board; or * * * * * (c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or (d) is convicted of an indictable offence or an offence which, if committed in Victoria, would be an indictable offence. (2) A director appointed under clause 4 may resign by writing delivered to the Minister and the Treasurer. (3) The Governor in Council may remove a director appointed under clause 4, or all directors so appointed, from office. (4) If a director appointed under clause 4 of an electricity corporation- (a) is convicted of an offence relating to his or her duties as a director; or (b) fails, without reasonable excuse, to comply with clause 12- the director must be removed from office by the Governor in Council. 8. Validity of decisions (1) An act or decision of a board of an electricity corporation is not invalid merely because of- (a) a defect or irregularity in, or in connection with, the appointment of a director; or (b) a vacancy in the membership of the board, including a vacancy arising from the failure to appoint an original director. (2) Anything done by or in relation to a person purporting to act as chairperson or as a director is not invalid merely because- (a) the occasion for the appointment has not arisen; or (b) there was a defect or irregularity in relation to the appointment; or (c) the appointment had ceased to have effect; or (d) the occasion for the person to act had not arisen or had ceased. 9. Proceedings of a board (1) Subject to subclause (2), meetings of a board of an electricity corporation shall be held at such times and places as the board determines. (2) The chairperson may at any time convene a meeting but must do so when requested by a director. (3) A majority of the directors for the time being constitutes a quorum of a board. (4) A question arising at a meeting shall be determined by a majority of votes of directors present and voting on that question and, if voting is equal, the person presiding has a casting, as well as a deliberative, vote. (5) A board must ensure that minutes are kept of each of its meetings. (6) Subject to this Act, a board may regulate its own proceedings. 10. Resolutions without meetings (1) If the directors of an electricity corporation for the time being (other than a director who is absent from Australia when the other directors sign) sign a document containing a statement that those directors are in favour of a resolution in terms set out in the document, a resolution in those terms shall be taken to have been passed at a meeting of the board held on the day on which the document is signed or, if the directors do not sign it on the same day, on the day on which the last director to sign signs the document. (2) If a resolution is, under subclause (1), taken to have been passed at a meeting of the board, each director must be advised as soon as practicable and given a copy of the terms of the resolution. (3) For the purposes of subclause (1), two or more separate documents containing a statement in identical terms, each of which is signed by one or more directors, shall be taken to constitute one document. * * * * * 12. Disclosure of interests (1) If- (a) a director of an electricity corporation has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the board; and (b) the interest could conflict with the proper performance of the director's duties in relation to the consideration of the matter- the director, as soon as practicable after the relevant facts come to the director's knowledge, must disclose the nature of the interest at a meeting of the board. (2) A disclosure under subclause (1) must be recorded in the minutes of the meeting and, unless the Minister or the board otherwise determines, the director- (a) must not be present during any deliberation of the board in relation to the matter; and (b) must not take part in any decision of the board in relation to the matter. (3) For the purpose of the making of a determination by the board under subclause (2) in relation to a director who has made a disclosure under subclause (1), a director who has a direct or indirect pecuniary interest in the matter to which the disclosure relates- (a) must not be present during any deliberation of the board for the purpose of making the determination; and (b) must not take part in the making by the board of the determination. (4) Subclause (1) does not apply in relation to a matter relating to the supply of goods or services to the director if the goods or services are, or are to be, available to members of the public on the same terms and conditions. _______________ * * * * * _______________ Electricity Industry (Residual Provisions) Act 1993 - SCHEDULE 3 EXCLUDED PROPERTY: AGREEMENTS, CONTRACTS, DOCUMENTS AND OTHER PROPERTY REFERRED TO PART A-PORTLAND AND POINT HENRY SMELTERS Date Agreement, contract or deed 31 July 1984 Portland Electricity Supply Agreement between SEC and Portland Smelter Services Pty Ltd. 31 July 1984 Deed of Release between SEC and Alcoa of Australia Ltd. 31 January 1986 Portland Electricity Supply Agreement Principals Agreement between SEC, CITIC Australia (Portland) Pty Ltd, Alcoa of Australia Ltd, Portland Smelter Services Pty Ltd, Permanent Trustee Company Ltd and Marubeni Aluminium Australia Pty Ltd and Aluvic Services Pty Ltd. 1 December 1986 Portland Flexible Tariff Deed between SEC and State Trust Corporation of Victoria. 30 March 1989 Portland Electricity Supply Agreement Operating Agreement between SEC and Portland Smelter Services Pty Ltd. 24 December 1992 Electricity Payment Agreement between SEC, CITIC Australia (Portland) Pty Ltd and Portland Smelter Services Pty Ltd. 31 July 1984 Point Henry Electricity Supply Agreement between SEC and Alcoa of Australia Ltd. 1 December 1986 Point Henry Flexible Tariff Deed between SEC and State Trust Corporation of Victoria. 23 October 1991 Automatic Reclosing Point Henry-Geelong Terminal Station Line Electricity Extension Works Contract between SEC and Alcoa of Australia Ltd. 31 July 1984 Deed relating to Point Henry aluminium smelter between SEC, Alcoa of Australia Ltd and the Crown. PART B-LOY YANG B Division 1-Agreements, etc. All: (a) contracts and deeds to which SEC (in this Part of this Schedule called "the Commission") is a party or of which it has the benefit. (b) guarantees and indemnities, mortgages, charges and other securities, undertakings, instruments, certificates, approvals, confirmations and notices given by a person in favour of the Commission or of which the Commission has the benefit; and (c) guarantees and indemnities, mortgages, charges and other securities, undertakings, instruments, certificates, approvals, confirmations and notices given by the Commission in favour of another person or persons, in relation to the Loy Yang B Power Station located at Loy Yang near Traralgon in Victoria ("Loy Yang B Power Station") or the Project (as defined in the Loy Yang B Act 1992) or any transaction in relation to the Loy Yang B Power Station or the Project, including, without limitation: Sale of Assets 1. Sale of Assets Agreement dated 31 December 1992 between the Commission, Loy Yang B Power Station Pty Ltd ("LYBCO") and Mission Energy Australia Pty Ltd ("MEA") as managing partner of the Latrobe Power Partnership (as defined in this agreement) ("LPP"). 2. Vendor's Statement under Section 32 of the Sale of Land Act 1962 given by the Commission in favour of LYBCO and MEA as managing partner of LPP. 3. Agreement for Sale of Loy Yang B Power Station (in the course of construction) dated 30 June 1991 between the Commission and LYBCO (then called A.C.N. 052 530 551 Pty Ltd). 4. Letters dated 5 June 1992, 9 July 1992 and 7 August 1992 from the Commission to LYBCO (and signed as "Agreed" on behalf of LYBCO) varying the Agreement for Sale of Loy Yang B Power Station (in the course of construction) dated 30 June 1991 between the Commission and LYBCO (then called A.C.N. 052 530 551 Pty Ltd). 5. Agreement to Further Amend the Agreement for Sale of Loy Yang B Power Station dated 31 December 1992 between the Commission and LYBCO. 6. Delayed Settlement Agreement dated 31 December 1992 between the Commission and MEA as managing partner of LPP. 7. Delayed Settlement Agreement dated 31 December 1992 between the Commission and LYBCO. Joint Venture 8. LYBCO Shareholder's Deed dated 31 December 1992 between the Commission, LYBCO and MEA as managing partner of LPP. 9. Guarantee and Indemnity dated 31 December 1992 between the Commission and MEA as managing partner of LPP. 10. Mission Energy Company Undertaking dated 31 December 1992 given in favour of the Commission by Mission Energy Company ("MEC"). 11. Deed of Acknowledgment and Covenant dated 31 December 1992 between LYBCO, the Commission, Mission Energy Ventures Australia Pty Ltd ("MEVA"), Latrobe Power Pty Ltd ("Latrobe") and Traralgon Power Pty Ltd ("Traralgon"). 12. Clear Market Agreement contained in a letter dated 31 December 1992 from MEC and MEA (as managing partner of LPP) to the Commission and LYBCO (and signed as "Accepted and agreed" on behalf of the Commission and LYBCO). Completion of Construction 13. Completion of Construction Agreement ("CCA") dated 31 December 1992 between the Commission, LYBCO and MEA as managing partner of LPP. 14. LPP CCA Deed Poll dated 31 December 1992 given by MEA, MEVA, Latrobe and Traralgon in favour of the Commission. 15. LYBCO CCA Deed Poll dated 31 December 1992 given by LYBCO in favour of the Commission. 16. Licence Agreement "(Licence Agreement)" dated 31 December 1992 between the Commission, LYBCO, MEA as managing partner of LPP and Mission Energy Management Australia Pty Ltd ("MEMA"). 17. Vendor's Statement under Section 32 of the Sale of Land Act 1962 dated 31 December 1992 given by LYBCO in favour of the Commission. 18. Vendor's Statement under Section 32 of the Sale of Land Act 1962 dated 31 December 1992 given by MEA as managing partner of LPP in favour of the Commission. 19. CCA Security dated 31 December 1992 between the Commission, LYBCO, MEA, MEVA, Latrobe and Traralgon. 20. Mortgage dated 31 December 1992 given by MEA and LYBCO in favour of the Commission. Power Supply 21. Letter dated 18 December 1992 from the Minister for Energy and Minerals to the Commission in relation to the proposed Power Supply Agreement. 22. Power Supply Agreement dated 31 December 1992 between the Commission, LYBCO and MEA as managing partner of LPP. 23. LPP PSA Deed Poll dated 31 December 1992 given by MEA, MEVA, Latrobe and Traralgon in favour of the Commission. 24. LYBCO PSA Deed Poll dated 31 December 1992 given by LYBCO in favour of the Commission. 25. Delta Risk Charge Covenant, Guarantee and Indemnity dated 31 December 1992 between Loy Yang Holdings Pty Ltd, MEC and the Commission. 26. Appointment-Keeper of the Models dated 30 September 1993 between the Commission, LYBCO, MEA (as managing partner of LPP) and William M. Mercer Pty Ltd. 27. Confidentiality Deed of Undertaking (Models) (SECV) dated 31 December 1992 given by the Commission in favour of MEC. 28. Vendor's Statement under Section 32 of the Sale of Land Act 1962 dated 31 December 1992 given by LYBCO in favour of the Commission. 29. Vendor's Statement under Section 32 of the Sale of Land Act 1962 dated 31 December 1992 given by MEA as managing partner of LPP in favour of the Commission. 30. Interest Rate and Currency Exchange Agreement dated 21 September 1992 between Westpac Banking Corporation ("Westpac") and the Commission. 31. Interest Rate and Currency Exchange Agreement dated 21 September 1992 between Chemical Australia Limited ("Chemical") and the Commission. 32. Interest Rate and Currency Exchange Agreement dated 21 September 1992 between County NatWest Australia Limited ("County NatWest") and the Commission. 33. Interest Rate and Currency Exchange Agreement dated 21 September 1992 between Credit Lyonnais Australia Limited ("Credit Lyonnais") and the Commission. 34. Interest Rate and Currency Exchange Agreement dated 21 September 1992 between LTCB Australia Limited ("LTCB") and the Commission. 35. Interest Rate and Currency Exchange Agreement dated 21 September 1992 between UBS Australia Limited ("UBS") and the Commission. 36. ISDA Execution Deed dated 3 December 1992 given by the Commission in favour of Westpac. 37. ISDA Execution Deed dated 3 December 1992 given by the Commission in favour of Chemical. 38. ISDA Execution Deed dated 3 December 1992 given by the Commission in favour of County NatWest. 39. ISDA Execution Deed dated 3 December 1992 given by the Commission in favour of Credit Lyonnais. 40. ISDA Execution Deed dated 3 December 1992 given by the Commission in favour of LTCB. 41. ISDA Execution Deed dated 3 December 1992 given by the Commission in favour of UBS. 42. Swap Novation Deed dated 31 December 1992 between Westpac, the Commission, MEA, MEVA, Latrobe and Traralgon. 43. Swap Novation Deed dated 31 December 1992 between Chemical, the Commission, MEA, MEVA, Latrobe and Traralgon. 44. Swap Novation Deed dated 31 December 1992 between County NatWest, the Commission, NatWest Australia Bank Limited ("NatWest Australia"), MEA, MEVA, Latrobe and Traralgon. 45. Swap Novation Deed dated 31 December 1992 between Credit Lyonnais, the Commission, MEA, MEVA, Latrobe and Traralgon. 46. Swap Novation Deed dated 31 December 1992 between LTCB, the Commission, MEA, MEVA, Latrobe and Traralgon. 47. Swap Novation Deed dated 31 December 1992 between UBS, the Commission, MEA, MEVA, Latrobe and Traralgon. 48. Post Settlement Swap Novation Deed dated 31 December 1992 between Westpac, the Commission, MEA, MEVA, Latrobe and Traralgon. 49. Post Settlement Swap Novation Deed dated 31 December 1992 between Chemical, the Commission, MEA, MEVA, Latrobe and Traralgon. 50. Post Settlement Swap Novation Deed dated 31 December 1992 between County NatWest, the Commission, NatWest Australia, MEA, MEVA, Latrobe and Traralgon. 51. Post Settlement Swap Novation Deed dated 31 December 1992 between Credit Lyonnais, the Commission, MEA, MEVA, Latrobe and Traralgon. 52. Post Settlement Swap Novation Deed dated 31 December 1992 between LTCB, the Commission, MEA, MEVA, Latrobe and Traralgon. 53. Post Settlement Swap Novation Deed dated 31 December 1992 between UBS, the Commission, MEA, MEVA, Latrobe and Traralgon. 54. Letter dated 7 December 1992 from the Commission to Westpac, LYBCO and MEA (as managing partner of LPP) in relation to the swap rate influence on charges under the Power Supply Agreement (and signed as "Confirmed" on behalf of LYBCO and MEA, as managing partner of LPP). 55. Letter dated 9 December 1992 from MEC to the Commission and Westpac in relation to the finalisation of Loy Yang B (and signed as "Confirmed" on behalf of the Commission and "Accepted" on behalf of Westpac and the other members of Mission Bank Group and County NatWest). 56. Letter dated 9 December 1992 from MEA (as managing partner of LPP) to the Commission in relation to the entering into of certain swap transactions (and signed as "Confirmed" on behalf of the Commission and "Accepted" on behalf of Westpac and the other members of the Mission Bank Group and County NatWest). 57. PSA Security dated 31 December 1992 between the Commission, LYBCO, MEA, MEVA, Latrobe and Traralgon. 58. Mortgage dated 31 December 1992 given by MEA and LYBCO (as mortgagors) in favour of the Commission (as mortgagee). Coal Supply 59. Coal Supply Agreement dated 31 December 1992 between the Commission, LYBCO and MEA as managing partner of LPP. 60. CSA Security dated 31 December 1992 between the Commission, LYBCO, MEA, MEVA, Latrobe and Traralgon. 61. Mortgage dated 31 December 1992 given by MEA and LYBCO (as mortgagors) in favour of the Commission (as mortgagee). Miscellaneous Services Agreement 62. Miscellaneous Services Agreement ("MSA") dated 31 December 1992 between the Commission, LYBCO and MEA as managing partner of LPP. 63. MSA Security dated 31 December 1992 between the Commission, LYBCO, MEA, MEVA, Latrobe and Traralgon. 64. Mortgage dated 31 December 1992 given by MEA and LYBCO (as mortgagors) in favour of the Commission (as mortgagee). 65. Caveat dated 31 December 1992 lodged by the Commission (as caveator) over land owned by LYBCO and MEA (being parts of the land in certificates of title volume 10092 folios 824, 825 and 826). State Agreement 66. State Agreement dated 2 October 1992 between the State of Victoria (the "State"), the Commission, LYBCO, Victorian Power Station Investments Pty Ltd ("VPSI") and MEA (for and on behalf of LPP). 67. Section 33 Agreement dated 31 December 1992 between the Commission and MEC. 68. Deed of Waiver dated 31 December 1992 between VPSI, LYBCO, MEA, MEVA, Latrobe, Traralgon, the Commission and the State. 69. Deed of Covenant dated 31 December 1992 between VPSI, LYBCO, MEA, MEVA, Latrobe, Traralgon, the Commission and the State. 70. Deed of Assignment dated 31 December 1992 between VPSI, LYBCO, MEA, MEVA, Latrobe, Traralgon, the Commission and the State. State Support 71. State Support Agreement dated 31 December 1992 between the State, MEA (as managing partner of LPP), LYBCO, each bank or financial institution named in Schedule 1 to that Agreement and Westpac ("State Support Agreement"). 72. State Agreement SECV Deed of Covenant dated 31 December 1992 between the Commission and the State. Intercreditor 73. Intercreditor Agreement dated 31 December 1992 between MEA, MEVA, Latrobe, Traralgon, LYBCO, MEMA, the Commission, each of the financial institutions described in Schedule 1 to that agreement and Westpac ("Intercreditor Agreement"). 74. Custodian Deed dated 31 December 1992 between Westpac Custodian Nominees Limited, MEA, MEVA, Latrobe, Traralgon, LYBCO, MEMA, the Commission, each of the financial institutions described in the Schedule to that Deed and Westpac. LYBCO 75. $A Facility Agreement ("LYBCO Facility Agreement") dated 31 December 1992 between LYBCO and the Commission and all Drawdown Notices given under that agreement. 76. Two letters dated 31 December 1992 from the Commission to LYBCO acknowledging that certain amounts payable by LYBCO to the Commission have been satisfied by the application of drawings under the LYBCO Facility Agreement. 77. Letter dated 31 December 1992 from the Commission to LPP in relation to the amendment of LYBCO's articles of association. 78. Each deed under which a financial institution became a party to the State Support Agreement or the Intercreditor Agreement. other than any contract or deed under which goods or services are supplied to the Commission for the purposes of the Commission supplying Services (as defined in the MSA) to the Participants (as defined in the MSA) under the MSA. Division 2-Other Contracts, etc. (a) All contracts and deeds to which the Commission is a party relating to the construction of the Loy Yang B Power Station including, without limitation, all "Construction Contracts" as defined in the CCA. (b) (i) All documents, reports, contracts and deeds included as the "Dataroom Documents" as defined in the Sale of Assets Agreement dated 31 December 1992 between the Commission, LYBCO and MEA as managing partner of LPP. (ii) All Computer Software as defined in the Licence Agreement. (iii) All Operational Information as defined in clause 30.1(a) of the CCA. (c) Those interest rate swap transactions relating to a Loy Yang B contract entered into by the Commission with Credit Suisse Financial Products ("CSFB") pursuant to an Interest Rate and Currency Exchange Agreement dated 30 October 1992 as more particularly described in letters from CSFB to the Commission dated: 1. 9 December 1992; 2. 9 December 1992; 3. 17 December 1992; 4. 30 December 1992; 5. 12 February 1993; and 6. 14 May 1993. (d) Those interest rate swap transactions relating to a Loy Yang B contract entered into by the Commission with State Bank of New South Wales Limited ("SBNSW") pursuant to an Interest Rate and Currency Exchange Agreement dated 27 May 1993 as more particularly described in letters from SBNSW to the Commission dated: 1. 21 April 1993; and 2. 6 July 1993. (e) That interest rate swap transaction relating to a Loy Yang B contract entered into by the Commission with UBS pursuant to an Interest Rate and Currency Exchange Agreement dated 17 January 1990 as more particularly described in a letter from UBS to the Commission dated 14 July 1993. (f) The Commission's shares in Loy Yang B Power Station Pty Ltd (including any shares in that company in which the Commission has a beneficial interest). (g) The right, title and interest of the Commission in the Loy Yang Open Cut (as defined in the Coal Supply Agreement referred to in item 59 of Division 1 of this Part of this Schedule). (h) The Joint Venture Agreement and the Operating and Maintenance Agreement referred to in the State Agreement within the meaning of the Loy Yang B Act 1992. _______________ Electricity Industry (Residual Provisions) Act 1993 - SCHEDULE 3A Land to be Surrendered to the Crown Table A Folios of the Register Volume Folio 2018 583 2528 566 2744 749 2744 750 2836 045 3027 347 3031 059 3215 909 4117 216 4127 361 4127 362 5001 200 5097 345 5097 346 5097 347 5097 348 5097 349 5097 350 5097 351 5097 352 5097 353 5115 852 5115 853 5278 443 5399 719 5604 716 5689 748 5931 022 5965 850 6004 746 6042 380 6058 442 6125 898 6128 520 Volume Folio Sch. 3A 6188 483 6196 051 6209 650 6218 577 6218 578 6218 579 6218 580 6218 581 6233 475 6233 476 6258 570 6259 791 6298 493 6298 495 6320 905 6326 150 6349 629 6359 625 6361 181 6365 832 6372 266 6381 038 6389 630 6409 658 6412 247 6412 258 6412 259 6412 260 6412 261 6412 262 6426 169 6428 431 6428 462 6430 878 6430 879 6442 385 6448 592 6450 986 6453 549 6458 441 6467 269 6467 270 6469 693 6475 927 6496 188 Volume Folio Sch. 3A 6506 136 6520 935 6550 000 6555 925 6557 232 6562 349 6578 426 6579 640 6579 641 6588 424 6596 063 6600 921 6621 142 6637 322 6637 323 6640 938 6656 121 6658 479 6666 060 6671 135 6682 224 6700 878 6710 813 6717 347 6717 348 6718 583 6746 173 6801 118 6814 665 6823 463 6823 483 6827 306 6830 963 6837 323 6837 398 6847 236 6847 343 6867 301 6899 614 6900 873 6902 347 6906 064 6927 395 6927 398 6947 389 Volume Folio Sch. 3A 6955 990 6961 038 7008 425 7015 827 7017 399 7024 698 7030 977 7030 978 7032 293 7032 294 7033 581 7088 460 7098 563 7107 373 7107 386 7107 387 7114 707 7118 517 7134 684 7139 674 7148 536 7180 991 7190 995 7190 996 7192 262 7224 720 7234 716 7275 886 7275 967 7305 962 7305 963 7308 408 7308 563 7359 653 7359 654 7359 655 7371 096 7381 124 7389 619 7391 188 7397 265 7399 631 7399 691 7400 864 7413 558 Volume Folio Sch. 3A 7417 226 7417 291 7417 292 7427 280 7430 945 7430 948 7435 832 7438 553 7444 779 7451 119 7460 092 7474 031 7483 128 7486 102 7486 166 7498 145 7503 055 7503 056 7509 122 7509 131 7513 180 7520 036 7527 087 7543 041 7548 164 7548 165 7548 166 7572 056 7592 047 7593 031 7596 102 7605 134 7605 138 7617 148 7647 060 7662 005 7666 058 7678 068 7692 031 7709 102 7720 034 7752 192 7752 193 7752 194 7756 175 Volume Folio Sch. 3A 7763 002 7818 190 7832 066 7852 155 7861 194 7869 128 7880 032 7888 075 7888 076 7977 053 7984 100 8000 050 8016 039 8016 040 8016 041 8016 045 8016 047 8016 048 8016 049 8016 050 8016 051 8016 052 8016 054 8016 055 8028 031 8030 113 8040 322 8040 814 8040 815 8040 816 8049 630 8064 947 8066 218 8074 549 8075 221 8078 595 8079 144 8085 829 8091 434 8092 470 8093 483 8093 808 8094 369 8095 148 8102 233 Volume Folio Sch. 3A 8109 145 8109 611 8118 609 8122 579 8124 401 8125 294 8130 575 8131 250 8150 020 8155 836 8159 241 8168 513 8170 399 8170 400 8175 027 8197 736 8208 214 8211 318 8228 298 8235 049 8238 258 8242 127 8247 275 8257 218 8257 822 8259 296 8277 943 8298 895 8308 782 8322 392 8322 579 8323 962 8343 859 8356 581 8363 315 8376 717 8376 718 8386 544 8388 567 8388 568 8413 632 8419 460 8423 041 8459 571 8470 568 Volume Folio Sch. 3A 8472 709 8479 616 8488 705 8489 332 8521 462 8527 269 8527 471 8529 527 8541 505 8548 277 8548 698 8548 699 8548 700 8552 643 8552 644 8552 645 8552 646 8554 323 8554 324 8554 325 8564 490 8564 724 8571 244 8571 449 8581 405 8581 412 8582 864 8583 790 8587 824 8589 928 8592 789 8607 090 8612 687 8616 589 8621 171 8628 852 8632 411 8632 438 8632 940 8634 053 8638 045 8666 780 8679 752 8706 184 8712 536 Volume Folio 8721 238 8735 433 8744 655 8748 117 8748 371 8760 984 8761 167 8772 762 8780 440 8783 812 8792 301 8795 518 8795 662 8800 425 8808 804 8820 834 8821 491 8833 664 8861 375 8879 336 8885 823 8892 122 8901 727 Sch. 3A 8916 374 8922 298 8926 837 8945 611 8969 134 8969 135 8995 138 9004 637 9010 327 9017 810 9126 572 9126 573 9150 098 9150 729 9205 110 9205 129 9214 284 9271 205 9338 229 9388 121 9388 284 9388 286 Volume Folio 9429 308 9439 798 9481 159 9481 160 9481 161 9481 163 9481 164 9481 600 9498 670 9503 244 9508 218 9519 341 9531 971 9535 065 9535 745 9535 746 9535 763 9541 086 9543 130 9549 481 Sch. 3A 9610 207 9648 662 9649 468 9819 591 10233 592 Table B Former Certificates of Title Volume Folio 8581 406 9538 820 9538 821 9538 822 9538 823 9538 824 9300 092 9138 440 9524 665 PART 2 Leases Table A The leased lands set out in this Table are shown generally delineated and hatched pink and designated by SEC lease number on plans numbered LEGL. 95/ PART 1 Land to be Surrendered to the Crown Table A Folios of the Register Volume Folio 2018 583 2528 566 2744 749 2744 750 2836 045 3027 347 3031 059 3215 909 4117 216 4127 361 4127 362 5001 200 5097 345 5097 346 5097 347 5097 348 5097 349 5097 350 5097 351 5097 352 5097 353 5115 852 5115 853 5278 443 5399 719 5604 716 5689 748 5931 022 5965 850 6004 746 6042 380 6058 442 6125 898 6128 520 Volume Folio Sch. 3A 6188 483 6196 051 6209 650 6218 577 6218 578 6218 579 6218 580 6218 581 6233 475 6233 476 6258 570 6259 791 6298 493 6298 495 6320 905 6326 150 6349 629 6359 625 6361 181 6365 832 6372 266 6381 038 6389 630 6409 658 6412 247 6412 258 6412 259 6412 260 6412 261 6412 262 6426 169 6428 431 6428 462 6430 878 6430 879 6442 385 6448 592 6450 986 6453 549 6458 441 6467 269 6467 270 6469 693 6475 927 6496 188 Volume Folio Sch. 3A 6506 136 6520 935 6550 000 6555 925 6557 232 6562 349 6578 426 6579 640 6579 641 6588 424 6596 063 6600 921 6621 142 6637 322 6637 323 6640 938 6656 121 6658 479 6666 060 6671 135 6682 224 6700 878 6710 813 6717 347 6717 348 6718 583 6746 173 6801 118 6814 665 6823 463 6823 483 6827 306 6830 963 6837 323 6837 398 6847 236 6847 343 6867 301 6899 614 6900 873 6902 347 6906 064 6927 395 6927 398 6947 389 Volume Folio Sch. 3A 6955 990 6961 038 7008 425 7015 827 7017 399 7024 698 7030 977 7030 978 7032 293 7032 294 7033 581 7088 460 7098 563 7107 373 7107 386 7107 387 7114 707 7118 517 7134 684 7139 674 7148 536 7180 991 7190 995 7190 996 7192 262 7224 720 7234 716 7275 886 7275 967 7305 962 7305 963 7308 408 7308 563 7359 653 7359 654 7359 655 7371 096 7381 124 7389 619 7391 188 7397 265 7399 631 7399 691 7400 864 7413 558 Volume Folio Sch. 3A 7417 226 7417 291 7417 292 7427 280 7430 945 7430 948 7435 832 7438 553 7444 779 7451 119 7460 092 7474 031 7483 128 7486 102 7486 166 7498 145 7503 055 7503 056 7509 122 7509 131 7513 180 7520 036 7527 087 7543 041 7548 164 7548 165 7548 166 7572 056 7592 047 7593 031 7596 102 7605 134 7605 138 7617 148 7647 060 7662 005 7666 058 7678 068 7692 031 7709 102 7720 034 7752 192 7752 193 7752 194 7756 175 Volume Folio Sch. 3A 7763 002 7818 190 7832 066 7852 155 7861 194 7869 128 7880 032 7888 075 7888 076 7977 053 7984 100 8000 050 8016 039 8016 040 8016 041 8016 045 8016 047 8016 048 8016 049 8016 050 8016 051 8016 052 8016 054 8016 055 8028 031 8030 113 8040 322 8040 814 8040 815 8040 816 8049 630 8064 947 8066 218 8074 549 8075 221 8078 595 8079 144 8085 829 8091 434 8092 470 8093 483 8093 808 8094 369 8095 148 8102 233 Volume Folio Sch. 3A 8109 145 8109 611 8118 609 8122 579 8124 401 8125 294 8130 575 8131 250 8150 020 8155 836 8159 241 8168 513 8170 399 8170 400 8175 027 8197 736 8208 214 8211 318 8228 298 8235 049 8238 258 8242 127 8247 275 8257 218 8257 822 8259 296 8277 943 8298 895 8308 782 8322 392 8322 579 8323 962 8343 859 8356 581 8363 315 8376 717 8376 718 8386 544 8388 567 8388 568 8413 632 8419 460 8423 041 8459 571 8470 568 Volume Folio Sch. 3A 8472 709 8479 616 8488 705 8489 332 8521 462 8527 269 8527 471 8529 527 8541 505 8548 277 8548 698 8548 699 8548 700 8552 643 8552 644 8552 645 8552 646 8554 323 8554 324 8554 325 8564 490 8564 724 8571 244 8571 449 8581 405 8581 412 8582 864 8583 790 8587 824 8589 928 8592 789 8607 090 8612 687 8616 589 8621 171 8628 852 8632 411 8632 438 8632 940 8634 053 8638 045 8666 780 8679 752 8706 184 8712 536 Volume Folio 8721 238 8735 433 8744 655 8748 117 8748 371 8760 984 8761 167 8772 762 8780 440 8783 812 8792 301 8795 518 8795 662 8800 425 8808 804 8820 834 8821 491 8833 664 8861 375 8879 336 8885 823 8892 122 8901 727 Sch. 3A 8916 374 8922 298 8926 837 8945 611 8969 134 8969 135 8995 138 9004 637 9010 327 9017 810 9126 572 9126 573 9150 098 9150 729 9205 110 9205 129 9214 284 9271 205 9338 229 9388 121 9388 284 9388 286 Volume Folio 9429 308 9439 798 9481 159 9481 160 9481 161 9481 163 9481 164 9481 600 9498 670 9503 244 9508 218 9519 341 9531 971 9535 065 9535 745 9535 746 9535 763 9541 086 9543 130 9549 481 Sch. 3A 9610 207 9648 662 9649 468 9819 591 10233 592 Table B Former Certificates of Title Volume Folio 8581 406 9538 820 9538 821 9538 822 9538 823 9538 824 9300 092 9138 440 9524 665 PART 2 Leases Table A The leased lands set out in this Table are shown generally delineated and hatched pink and designated by SEC lease number on plans numbered LEGL. 95/ 74 and LEGL./95-118 lodged in the Central Plan Office of the Department of Treasury and Finance. If there is an inconsistency between the leased land described in a lease set out in this Table and that leased land as shown on the plans, the lease prevails. Land in respect of which reservations are revoked Item Situation and area of land Instrument and date of reservation Description of land by reference to Government Gazette Purpose of Reservation Extent of revocation 1. Parish of Maryvale, County of Buln Buln, 4(985 hectares Order in Council dated 6 March 1939 Government Gazette dated 8 March 1939, page 827 Site for public recreation The entire reserve 2. Parish of Maryvale, County of Buln Buln, 3(440 hectares more or less Order in Council dated 13 December 1960 Government Gazette dated 21 December 1960, page 4025 Site for public recreation The entire reserve Item Situation and area of land Instrument and date of reservation Description of land by reference to Government Gazette Purpose of Reservation Extent of revocation Sch. 3A 3. Parish of Maryvale, County of Buln Buln, 4(047 hectares Order in Council dated 7 July 1890 Government Gazette dated 11 July 1890, page 2789 Site for supply of gravel The entire reserve 4. Parish of Narracan, County of Buln Buln, 3(746 hectares being Crown Allotment 63A, Section A Order in Council dated 18 October 1977 Government Gazette dated 26 October 1977, page 3301 Site for public recreation The entire reserve 5. Parish of Narracan, County of Buln Buln, 2770 square metres, less an excision authorised by Order in Council dated 24 April 1951, being Crown Allotment 53, Section B Order in Council dated 4 July 1939 Government Gazette dated 5 July 1939, page 2511 Site for a public hall The remainder of the reserve Item Situation and area of land Instrument and date of reservation Description of land by reference to Government Gazette Purpose of Reservation Extent of revocation Sch. 3A 6. Bed and 40(23 metres from each bank of the La Trobe river, less authorised excisions Order in Council dated 23 May 1881 Government Gazette dated 27 May 1881, page 1389 Site for public purposes That part of the reserve delineated and coloured light green on a plan lodged in the Central Plan Office of the Department of Treasury and Finance and numbered LEGL/95 PART 3 Land in respect of which reservations are revoked Item Situation and area of land Instrument and date of reservation Description of land by reference to Government Gazette Purpose of Reservation Extent of revocation 1. Parish of Maryvale, County of Buln Buln, 4(985 hectares Order in Council dated 6 March 1939 Government Gazette dated 8 March 1939, page 827 Site for public recreation The entire reserve 2. Parish of Maryvale, County of Buln Buln, 3(440 hectares more or less Order in Council dated 13 December 1960 Government Gazette dated 21 December 1960, page 4025 Site for public recreation The entire reserve Item Situation and area of land Instrument and date of reservation Description of land by reference to Government Gazette Purpose of Reservation Extent of revocation Sch. 3A 3. Parish of Maryvale, County of Buln Buln, 4(047 hectares Order in Council dated 7 July 1890 Government Gazette dated 11 July 1890, page 2789 Site for supply of gravel The entire reserve 4. Parish of Narracan, County of Buln Buln, 3(746 hectares being Crown Allotment 63A, Section A Order in Council dated 18 October 1977 Government Gazette dated 26 October 1977, page 3301 Site for public recreation The entire reserve 5. Parish of Narracan, County of Buln Buln, 2770 square metres, less an excision authorised by Order in Council dated 24 April 1951, being Crown Allotment 53, Section B Order in Council dated 4 July 1939 Government Gazette dated 5 July 1939, page 2511 Site for a public hall The remainder of the reserve Item Situation and area of land Instrument and date of reservation Description of land by reference to Government Gazette Purpose of Reservation Extent of revocation Sch. 3A 6. Bed and 40(23 metres from each bank of the La Trobe river, less authorised excisions Order in Council dated 23 May 1881 Government Gazette dated 27 May 1881, page 1389 Site for public purposes That part of the reserve delineated and coloured light green on a plan lodged in the Central Plan Office of the Department of Treasury and Finance and numbered LEGL/95 69 7. Bed and 20(12 metres from each bank of the Morwell river Order in Council dated 23 May 1881 Government Gazette dated 27 May 1881, page 1389 Site for public purposes That part of the reserve delineated and coloured light green on the plans lodged in the Central Plan Office of the Department of Treasury and Finance and numbered LEGL/95-69 and LEGL/95-71. _______________ Electricity Industry (Residual Provisions) Act 1993 - SCHEDULE 3B CHEDULE LOY YANG LAND Table A Folio of the Register Volume Folio Volume Folio 2442 231 6664 729 2694 681 7097 202 2921 102 7271 006 2921 103 7491 104 2921 104 7605 103 3067 204 7851 015 3190 928 8055 357 3190 929 8059 306 3319 733 8076 143 3568 508 8076 144 3599 718 8130 409 3977 273 8177 858 3977 274 8194 231 3989 704 8243 244 4124 781 8254 566 4200 841 8254 567 4315 899 8254 568 4393 583 8357 007 4591 155 8388 148 4719 732 8388 149 4722 270 8396 618 4798 524 8398 365 4808 451 8453 890 4831 115 8480 436 5481 034 8532 768 5552 381 8538 918 5767 290 8539 213 5874 705 8578 024 5875 900 8578 025 6333 585 8578 026 6620 959 8578 027 6664 728 8584 045 Volume Folio Volume Folio Sch. 3B 8664 625 9187 989 8676 976 9187 990 8676 977 9187 991 8676 978 9187 992 8676 979 9187 993 8676 980 9187 994 8749 596 9187 995 8749 597 9203 921 8749 598 9252 481 8749 599 9310 254 8749 600 9371 328 8803 309 9386 018 8966 227 9391 278 8967 787 9428 090 9034 388 9468 119 9047 624 9535 373 9047 625 9535 374 9063 285 9538 202 9080 556 9538 204 9080 962 9538 205 9083 346 9538 206 9083 916 9538 207 9083 917 9548 748 9089 232 9548 749 9114 235 9818 874 9114 236 9861 130 9132 753 9861 131 9132 754 9861 132 9135 703 9956 667 9153 414 10061 285 9184 457 10061 286 9184 458 10061 287 9184 459 10092 270 9184 460 10092 271 9184 461 10092 272 9184 462 10214 069 9187 988 Table B Former Certificates of Title Volume Folio Volume Folio 3314 715 9063 289 6006 142 9063 290 8223 317 9063 291 8936 695 9063 292 9063 279 9063 293 9063 280 9063 294 9063 281 9063 295 9063 282 9063 296 9063 283 9063 298 9063 284 9063 299 9063 287 9535 371 9063 288 9535 372 PART 2 Leases The leased lands set out in this Part are shown generally delineated and shown cross PART 1 Land to be Surrendered to the Crown Table A Folio of the Register Volume Folio Volume Folio 2442 231 6664 729 2694 681 7097 202 2921 102 7271 006 2921 103 7491 104 2921 104 7605 103 3067 204 7851 015 3190 928 8055 357 3190 929 8059 306 3319 733 8076 143 3568 508 8076 144 3599 718 8130 409 3977 273 8177 858 3977 274 8194 231 3989 704 8243 244 4124 781 8254 566 4200 841 8254 567 4315 899 8254 568 4393 583 8357 007 4591 155 8388 148 4719 732 8388 149 4722 270 8396 618 4798 524 8398 365 4808 451 8453 890 4831 115 8480 436 5481 034 8532 768 5552 381 8538 918 5767 290 8539 213 5874 705 8578 024 5875 900 8578 025 6333 585 8578 026 6620 959 8578 027 6664 728 8584 045 Volume Folio Volume Folio Sch. 3B 8664 625 9187 989 8676 976 9187 990 8676 977 9187 991 8676 978 9187 992 8676 979 9187 993 8676 980 9187 994 8749 596 9187 995 8749 597 9203 921 8749 598 9252 481 8749 599 9310 254 8749 600 9371 328 8803 309 9386 018 8966 227 9391 278 8967 787 9428 090 9034 388 9468 119 9047 624 9535 373 9047 625 9535 374 9063 285 9538 202 9080 556 9538 204 9080 962 9538 205 9083 346 9538 206 9083 916 9538 207 9083 917 9548 748 9089 232 9548 749 9114 235 9818 874 9114 236 9861 130 9132 753 9861 131 9132 754 9861 132 9135 703 9956 667 9153 414 10061 285 9184 457 10061 286 9184 458 10061 287 9184 459 10092 270 9184 460 10092 271 9184 461 10092 272 9184 462 10214 069 9187 988 Table B Former Certificates of Title Volume Folio Volume Folio 3314 715 9063 289 6006 142 9063 290 8223 317 9063 291 8936 695 9063 292 9063 279 9063 293 9063 280 9063 294 9063 281 9063 295 9063 282 9063 296 9063 283 9063 298 9063 284 9063 299 9063 287 9535 371 9063 288 9535 372 PART 2 Leases The leased lands set out in this Part are shown generally delineated and shown cross hatched pink or hatched pink or hatched purple and designated by SEC lease number on plan number LEGL./95-87 lodged in the Central Plan Office of the Department of Treasury and Finance. If there is an inconsistency between the leased land described in a lease set out in this Part and that leased land as shown on the plan, the lease prevails. In this Part PART 3 Encumbrances In this Part LYBPS means Loy Yang B Power Station Pty Ltd A.C.N. 052 530 551 _______________ Electricity Industry (Residual Provisions) Act 1993 - SCHEDULE 3C HAZELWOOD LAND PART 1 Land to be surrendered to the Crown Table A Folios of the Register Volume Folio Volume Folio 1448 440 8812 118 1470 890 8821 151 1554 701 8838 614 1657 253 8976 392 1707 218 9125 592 1811 185 9125 740 2089 659 9128 891 2230 864 9150 652 2571 042 9150 653 2575 852 9150 654 4589 615 9150 655 4589 616 9150 656 6197 249 9150 657 6493 568 9150 658 6582 286 9157 341 7437 364 9195 224 7603 183 9195 225 7603 184 9205 424 7603 185 9205 425 7603 186 9217 014 7716 078 9344 123 8184 935 9435 706 8208 402 9435 707 8217 219 9435 708 8221 207 9435 709 8242 655 9435 710 8263 536 9435 711 8274 748 9460 754 8274 867 9657 128 8679 364 9657 129 8769 328 9657 130 Volume Folio Volume Folio 9657 131 9821 475 9673 072 9861 133 9821 473 9861 134 9821 474 10135 584 Table B Former Certificates of Title Volume Folio Volume Folio 1060 842 7342 299 2469 656 7342 300 2651 012 7790 157 2915 917 7831 186 2944 777 7973 089 3997 377 7986 117 4029 674 8053 479 4284 798 8083 706 4288 523 8104 521 4297 327 8169 193 4585 951 8201 269 4670 859 8216 797 5721 098 8234 759 5759 747 8243 733 5944 750 8243 734 6049 640 8263 093 6224 664 8263 156 6290 974 8334 025 6365 991 8434 017 6588 578 8453 800 6806 157 8461 264 7262 399 8478 942 PART 2 Leases The leased lands set out in this Part are shown generally delineated and shown cross PART 4 Land in respect of which reservation is revoked Situation and area of land Instrument and date of reservation Description of land by reference to Government Gazette Description of Crown Grant issued Purpose of Reservation Extent of revocation Parish of Loy Yang, County of Buln Buln, 1214 square metres being Crown Allotment 6J1 Section A Order in Council dated 19 August 1895 Government Gazette dated 23 August 1895, page 3058 Volume 3421 Folio 119 Site for Mechanics Institute and Free Library The entire reserve _______________ Electricity Industry (Residual Provisions) Act 1993 - SCHEDULE 3C HAZELWOOD LAND PART 1 Land to be surrendered to the Crown Table A Folios of the Register Volume Folio Volume Folio 1448 440 8812 118 1470 890 8821 151 1554 701 8838 614 1657 253 8976 392 1707 218 9125 592 1811 185 9125 740 2089 659 9128 891 2230 864 9150 652 2571 042 9150 653 2575 852 9150 654 4589 615 9150 655 4589 616 9150 656 6197 249 9150 657 6493 568 9150 658 6582 286 9157 341 7437 364 9195 224 7603 183 9195 225 7603 184 9205 424 7603 185 9205 425 7603 186 9217 014 7716 078 9344 123 8184 935 9435 706 8208 402 9435 707 8217 219 9435 708 8221 207 9435 709 8242 655 9435 710 8263 536 9435 711 8274 748 9460 754 8274 867 9657 128 8679 364 9657 129 8769 328 9657 130 Volume Folio Volume Folio 9657 131 9821 475 9673 072 9861 133 9821 473 9861 134 9821 474 10135 584 Table B Former Certificates of Title Volume Folio Volume Folio 1060 842 7342 299 2469 656 7342 300 2651 012 7790 157 2915 917 7831 186 2944 777 7973 089 3997 377 7986 117 4029 674 8053 479 4284 798 8083 706 4288 523 8104 521 4297 327 8169 193 4585 951 8201 269 4670 859 8216 797 5721 098 8234 759 5759 747 8243 733 5944 750 8243 734 6049 640 8263 093 6224 664 8263 156 6290 974 8334 025 6365 991 8434 017 6588 578 8453 800 6806 157 8461 264 7262 399 8478 942 PART 2 Leases The leased lands set out in this Part are shown generally delineated and shown cross hatched pink or hatched pink or hatched purple and designated by SEC lease number on plan number LEGL./95-86 lodged in the Central Plan Office of the Department of Treasury and Finance. If there is an inconsistency between the leased land described in a lease set out in this Part and that leased land as shown on the plan, the lease prevails. TABLE A Sch. 3C SEC Affected Titles Lease Number Lessee Location Volume Folio C082 A. & M. Rosato Blacks Track & South Service Road (south-east corner), part of CA's 27B & 48B, Section A, Parish of Narracan. 8242 8761 127 167 C090 L. Villella Marretts Road & South Service Road, (south-west corner), part of CA's 27B & 48B, Section A, Parish of Narracan. 8242 8761 127 167 C098 H. K. & V. M. Turner Buckley's Track & Jensens Lane, (north-west corner), part of CA's 27B & 48B, Parish of Narracan. 8242 8761 127 167 C164 M. & J. Rosato Buckley's Track & Marretts Road, (north-east corner), CA 26A & part of CA 27A, Parish of Narracan. 9205 9205 424 425 C166 B. E. Cathie Bounded by Morwell River, Princes Freeway, Marretts Road & Thorpdale Road, part of CA's 5, 5A, 5B, 27A, 28, 29 & 29B, Parish of Narracan & part of CA's 50 & 50A, Parish of Maryvale. 5692 6101 6578 8184 8208 8812 8838 9150 9150 9150 9157 9205 9217 322 127 426 935 402 118 614 653 654 658 341 425 014 C190 Latrobe Regional Water Authority West of Morwell-Thorpdale Road & east of Morwell River Diversion Channel, part of CA 28, Parish of Narracan. 6101 8812 127 118 SEC Affected Titles Lease Number Lessee Location Volume Folio Sch. 3C C194 Latrobe Regional Water Authority Bounded by Morwell-Thorpdale Road & Princes Freeway, part of CA's 51 & 49A, Parish of Maryvale. 6493 7603 7603 7603 7603 568 183 184 185 186 C490 N. K. Wettenhall North of Deans Track, CA 22A, Section A, Parish of Narracan. 6197 249 C491 R. G. Whykes Deans Track & Marretts Lane, (south-east corner), part of CA's 5A, 5B, 5F & CA's 5C, 5D & 5E, Section A, Parish of Narracan. 9150 9150 9150 9150 9150 9150 653 654 655 656 657 658 C493 J. D. Mountney Bounded by Golden Gully Road, Driffield Road & Deans Track, CA 21, Section A, Parish of Narracan. 9460 754 C494 H. T. & P. R. Goldsmith East of Driffield Road, CA 7A & part of CA's 7, 21 & 21A, Section A, Parish of Narracan. 5692 8976 9435 9435 9435 9435 322 392 706 707 708 711 C504 B. I. McIntosh East of Morwell-Thorpdale Road & west of Morwell River, part of CA's 5 & 28, Lot 1 & part of Lot 2, LP 125212, Parish of Narracan. 7437 8208 9657 9657 9657 364 402 128 129 131 C506 L. F. & J. M. Woodhead Bounded by Brodribb Road, Morwell-Thorpdale Road & Varys Road, Part of CA's 4 & 19A, Section A, Parish of Narracan. 8184 8263 9657 935 536 130 C507 L. F. Woodhead West of Open Cut Perimeter Road & east of C504 & C506, part of CA 5, Section A, Parish of Narracan. 7437 8208 8263 9657 9657 364 402 536 129 130 SEC Affected Titles Lease Number Lessee Location Volume Folio Sch. 3C C508 B. E. Cathie North of Brodribb Road, part of CA's D, G5, 41 & 42, Parish of Hazelwood & part of CA 19A, Parish of Narracan. 1707 4589 4589 6582 7973 8263 218 615 616 286 089 536 C530 L. F. Woodhead East of Applegates Road, part of CA's G8 & G6, Parish of Hazelwood. 1470 8334 890 025 C532 T. Birkbeck East of Applegates Road, part of CA's F6 & G5, Parish of Hazelwood. 7973 089 C536 C. C. McKay North of Brodribb Road, part of CA's F6, G5 & G8, Parish of Hazelwood. 6806 7973 157 089 C542 J. J. & F. M. Lawless Bounded by Applegates Road, Brodribb Road & Yinnar Road, part of CA's G5 & G51, Parish of Hazelwood. 7973 089 C550 R. Didio North of Brodribb Road, part of CA's G5 & G7, Parish of Hazelwood. 7973 089 C552 R. Didio North of Brodribb Road, part of CA G8, Parish of Hazelwood. 6806 157 C570 A. Cook North of Brodribb Road, part of CA 8A, Section A, Parish of Hazelwood. 8104 521 C572 LaTrobe Regional Commission (lessee) and Harrow Woods Pty. Ltd. A.C.N. 006 695 745 (sub-lessee) Bounded by Hazelwood Pondage, Nadenbouschs Road & Black Bobs Lane, part of CA 37, Parish of Hazelwood. 8201 269 SEC Affected Titles Lease Number Lessee Location Volume Folio Sch. 3C C579 R. Weir Morwell Open Cut, Eastern Overburden Dump, part of CA 1C, Section A, Parish of Hazelwood. 2651 6290 8104 10135 012 974 521 584 C590 LaTrobe Regional Commission (lessee) and Hydropro Pty. Ltd. A.C.N. 060 447 074 (sub-lessee) West of Nadenbouschs Road, part of CA 37, Parish of Hazelwood. 8201 269 C612 W. L. Reid & M. J. Dare West of Monash Way & north of Brodribb Road, part of CA 1A, Section A, Parish of Hazelwood. 2651 2915 8083 8104 8242 8821 10135 012 917 706 521 655 151 584 C840 Shire of LaTrobe East of Yinnar Road, part of CA 1, Parish of Hazelwood. 6224 664 C859 D. S. Cook North of Switchback Road, part of CA's 1, F2, F3 & F4, Parish of Hazelwood. 5759 6224 7986 747 664 117 C860 Shire of LaTrobe (Jeeralang Pony Club) North of Switchback Road, part of CA F10, Parish of Hazelwood. 6049 640 C884 LaTrobe Regional Commission Bounded by Hazelwood Cooling Pond, Nadenbouschs Road and Black Bobs Lane, Lot 4 L.P. 120260, Parish of Hazelwood. 6049 8434 9861 640 017 134 C885 LaTrobe Regional Commission Bounded by Hazelwood Cooling Pond, Nadenbouschs Road & Black Bobs Lane, Lots 1, 2 & part of Lot 3, LP 120260, Parish of Hazelwood. 6049 8201 8434 9195 9195 9861 640 269 017 224 225 133 SEC Affected Titles Lease Number Lessee Location Volume Folio Sch. 3C C886 Liberty Images Pty. Ltd. A.C.N. 064 257 183 West of Nadenbouschs Road, part of CA F1, Parish of Hazelwood. 9861 133 F3468 Central Gippsland Region Water Authority Part of CA 1C, Section A, Parish of Hazelwood. 7973 8053 8274 089 479 867 F3913 Central Gippsland Region Water Authority Part of CA's 1B, 18 & 19, Parish of Hazelwood. 2651 2915 8083 8104 8242 8821 012 917 706 521 655 151 F6688 Australian Government Publishing Service Wing 3 Lower, Morwell Administration Centre, Morwell. 8274 867 HFC01 Yallourn Energy Ltd. A.C.N. 065 325 224 Wing 2 Upper, Wing 4 Upper, Wing 5 & part of Registry area in Wing 6, Morwell Administration Centre, Morwell. 8274 867 HFC02 SEC Wing 1 Lower & Archival storage within Wing 6 Basement, Morwell Administration Centre, Morwell. 8274 867 C140 W. S. & M. A. Wilkinson & C. T. Gray Bounded by Laws Track, Vary Road & Buckleys Track, part of CA 46A, Section A, Parish of Narracan. 8242 8761 126 167 C142 F. Disisto South of Buckleys Track, part of CA 46A, Section A, Parish of Narracan. 8761 167 C144 B. A. Lawless Bounded by Laws Track, Buckleys Track & Blacks Track, part of CA 46A, Section A, Parish of Narracan. 8761 167 SEC Affected Titles Lease Number Lessee Location Volume Folio Sch. 3C C148 APM Forests Pty. Ltd. A.C.N. 004 285 705 East of Vary Road, Part of CA 46A, Section A, Parish of Narracan. 8242 8761 126 167 C150 APM Forests Pty. Ltd. A.C.N. 004 285 705 Vary Road & Deans Track (south-west corner), part of CA 46A, Section A, Parish of Narracan. 8761 167 C154 N. A. & A. M. Morgan South of Laws Track, part of CA 46A, Section A, Parish of Narracan. 8761 167 C156 APM Forests Pty. Ltd. A.C.N. 004 285 705 North of Deans Track, part of CA 46A, Section A, Parish of Narracan. 8761 167 C158 Golden Gully Farms (J. Jeffrey) Bounded by Deans Track, Blacks Track & Laws Track, part of CA 46A, Section A, Parish of Narracan. 8761 167 C160 A. & M. Rosato Blacks Track & Buckleys Track, (north-west corner), part of CA 26A, Section A, Parish of Narracan. 8761 167 C184 Shire of LaTrobe Part of CA 48A, Parish of Maryvale. 9344 123 C191 D. W. Robinson North of Princes Freeway, part of CA's 49A & 11F, Parish of Maryvale. 7716 8221 8274 078 207 748 C195 C. G. Horsley North of Princes Freeway, part of CA 11F, Parish of Maryvale. 8274 748 C197 Shire of LaTrobe Bounded by Morwell-Yallourn Railway, Driffield Road & Avondale Road, part of CA 49A, Parish of Maryvale. 7716 078 C302 Y. Sturk Monash Way, south of Gippsland Railway, part of CA 8B, Parish of Maryvale. 8242 655 SEC Affected Titles Lease Number Lessee Location Volume Folio Sch. 3C C303 D. V. & P. J. Evenden Bounded by Gippsland Railway, Tramway Road & Monash Way, part of CA 8B, Parish of Maryvale. 8242 655 C304 Y. Sturk Monash Way, south of Gippsland Railway, part of CA 8B, Parish of Maryvale. 8242 655 C305 Shire of LaTrobe Bounded by Commercial Road, Princes Freeway & Monash Way, part of CA 8A, Parish of Maryvale. 8242 655 C569 LaTrobe Regional Water Authority South of Brodribb Road, part of CA G7, Parish of Hazelwood. 8104 521 C577 A. J. McFarlane Bounded by Brodribb Road, Monash Way & Nadenbouschs Road, CA 23A, Section A, Parish of Hazelwood. 8104 8821 9500 521 151 574 C580 APM Forests Pty. Ltd. A.C.N. 004 285 705 East of Monash Way, CA 9J & part of CA's 9 & 9H, Section A, Parish of Hazelwood. 8821 8769 151 328 C581 B. Slade East of Monash Way, Lot 2, LP72440, Parish of Hazelwood. 8679 364 C584 APM Forests Pty. Ltd. A.C.N. 004 285 705 East of Monash Way, part of CA's 9H, 16, 18A & 19, Section A, Parish of Hazelwood. 2651 7790 7831 8083 8821 012 157 186 706 151 C602 J. A. & R. J. Thomas Bounded by Commercial Road & Monash Way, part of CA 8A, Parish of Maryvale. 10135 584 C606 K. W. Buckley Firmins Lane & Tramway Road, (north-east corner), part of CA 8B, Parish of Maryvale. 8242 655 SEC Affected Titles Lease Number Lessee Location Volume Folio Sch. 3C C610 Latrobe Regional Commission Porters Road & Monash Way, (north-west corner), part of CA 1B, Section A, Parish of Hazelwood. 8242 655 C612 W. L. Reid & M. J. Dare North of Monash Way & west of Porters Road, part of CA 1A, Section A, Parish of Hazelwood. 2651 2915 8083 8104 8242 8821 10135 012 917 706 521 655 151 584 C614 D. V. & P. J. Evenden East of Monash Way, part of CA 46A, Section A, Parish of Hazelwood. 8242 655 C615 Pinegro Products Pty. Ltd. A.C.N. 005 531 546 West of Monash Way, part of CA 1A & 1B, Parish of Hazelwood. 8242 10135 655 584 F1996 Gas & Fuel Corporation of Victoria Part of CA 18A, Section A, Parish of Hazelwood. 2651 7831 8242 012 186 655 F3913 Central Gippsland Region Water Authority Part of CA 19, Parish of Hazelwood. 8242 655 F6658 Deanmac Emergency Services Pty Ltd A.C.N. 006 953 126 Part of CA 11H, Parish of Maryvale. 8217 219 F6662 Brambles Australia Ltd. A.C.N. 000 164 938 Part of CA 11H, Parish of Maryvale. 8217 8274 219 867 F6665 Siemens Ltd. A.C.N. 004 347 880 Julia Street, part of CA 11H, Parish of Maryvale. 8217 8274 219 867 SEC Affected Titles Lease Number Lessee Location Volume Folio Sch. 3C F6668 WBM Pty Ltd A.C.N. 010 830 421 East-West Access Road, west of Lower Ridge Road, part of CA 55C, Parish of Maryvale. 8274 867 F6682 Terich Industries Pty Ltd A.C.N. 007 366 887 Julia Street, part of CA 11H, Parish of Maryvale. 8217 219 F6684 Victorian Power Exchange Lower Ridge Road, Morwell. 8274 867 F6685 Lease Plan Australia Ltd A.C.N. 006 923 011 Part of CA 11H, Parish of Maryvale. 8217 219 PART 4 Land in respect of which reservation is revoked Situation and area of land Instrument and date of reservation Description of land by reference to Government Gazette Purpose of Reservation Extent of revocation Bed and 20(12 metres from each bank of the Morwell River less excision authorised by Act No. 56/1995 Order in Council dated 23 May 1881 Government Gazette dated 27 May 1881, page 1389 Site for public purposes That part of the reserve delineated and coloured light green on a plan lodged in the Central Plan Office of the Department of Treasury and Finance and numbered LEGL./95 PART 3 Roads corporation land to be surrendered Folio of the Register Volume Folio Volume Folio 5692 322 9699 375 9699 372 9699 376 9699 373 9699 378 9699 374 9699 379 PART 4 Land in respect of which reservation is revoked Situation and area of land Instrument and date of reservation Description of land by reference to Government Gazette Purpose of Reservation Extent of revocation Bed and 20(12 metres from each bank of the Morwell River less excision authorised by Act No. 56/1995 Order in Council dated 23 May 1881 Government Gazette dated 27 May 1881, page 1389 Site for public purposes That part of the reserve delineated and coloured light green on a plan lodged in the Central Plan Office of the Department of Treasury and Finance and numbered LEGL./95 84 _______________ Electricity Industry (Residual Provisions) Act 1993 - SCHEDULE 4 SAVINGS AND TRANSITIONAL PROVISIONS 1. Definitions In this Schedule- old Act means the Electricity Industry Act 1993. 2. General transitional provisions (1) This Schedule does not affect or take away from the Interpretation of Legislation Act 1984. (2) Without limiting subclause (1), in declaring that certain provisions of the Electricity Industry Act 2000 are to be treated as re-enacting with modifications certain provisions of the old Act, this Schedule must not be taken to- (a) limit the operation of any provision of the Interpretation of Legislation Act 1984 relating to the re-enactment; or (b) be an exhaustive list of the provisions of the old Act re-enacted by the Electricity Industry Act 2000. (3) This Schedule applies despite anything to the contrary in any other provision of this Act or the Electricity Industry Act 2000. 3. Re-enacted provisions A provision of the old Act specified in Column 1 of the Table is deemed to be re-enacted (with modifications) by the provision of the Electricity Industry Act 2000 appearing opposite in Column 2 of the Table. TABLE Old Provision New Provision section 27(2) to (4) section 117 section 42A section 86 section 42B section 87 section 44 section 88 section 44A section 89 section 45 section 90 section 45A section 91 section 45B section 92 section 46 section 94 section 47 section 93 Parts 3A and 3B Part 6 section 155A section 11 section 158 section 12 section 158AA section 13 section 159 section 16 section 160 section 17 section 161 section 18 section 162 section 19 section 163(1), (2), (2A) section 20 Sch. 4 section 163(3) section 21 section 163(4) section 22 section 163(5) section 24 section 163(6) and (7) section 25 section 163(8), (9), (10), (11) section 26 section 163AAA section 27 section 164 section 29 section 164A section 32 section 165 section 30 section 166 section 34 Old Provision New Provision section 167 section 31 section 169A section 35 section 169B section 36 section 169C section 37 section 169D section 38 section 170A section 47 section 170B section 48 section 170C section 49 Part 13 Part 3 Schedule 2 Schedule 4. Superseded references to old Act On the commencement of this clause, in any Act (other than this Act or the Electricity Industry Act 2000), or in any instrument made under any Act or in any other document of any kind a reference to the old Act- (a) to the extent that the reference relates to a provision of the old Act re-enacted in the Electricity Industry Act 2000, is deemed to be a reference to the Electricity Industry Act 2000; and (b) to the extent that the reference relates to any other provision of the old Act, is deemed to be a reference to the Electricity Industry (Residual Provisions) Act 1993. 5. Licences A licence issued under Part 12 of the old Act as in effect immediately before the commencement of this clause is deemed to be a licence issued under Part 2 of the Electricity Industry Act 2000. * * * * * 7. Orders under section 158AA An Order under section 158AA of the old Act as in effect immediately before the commencement of this clause is deemed to be an Order made under section 13 of the Electricity Industry Act 2000. 8. Exemptions under section 160 An Order under section 160 of the old Act as in effect immediately before the commencement of this clause is deemed to be an Order made under section 17 of the Electricity Industry Act 2000. ELECTRICITY INDUSTRY (RESIDUAL PROVISIONS) ACT 1993 - NOTES ENDNOTES 1. General Information Minister's second reading speech- Legislative Assembly: 28 October 1993 Legislative Council: 1 December 1993 The long title for the Bill for this Act was "A Bill relating to the restructuring of the electricity supply industry, to amend the State Electricity Commission Act 1958, to make consequential amendments to other Acts and for other purposes.". The Electricity Industry Act 1993 was assented to on 14 December 1993 and came into operation as follows: Part 1 (sections 1-6), sections 7-10, 13-16, 20-23, 30, Part 5 Division 1 (sections 62, 63), section 76, Part 6 (sections 80-84), section 86, Part 8 (sections 93-97), sections 110, 111, 119, 121 on 14 December 1993: section 2(1); sections 26, 85, 98, 99 on 14 December 1993: Special Gazette (No. 93) 14 December 1993 page 1; rest of Act on 3 January 1994: Special Gazette (No. 97) 23 December 1993 page 1. The name of this Act was changed from the Electricity Industry Act 1993 to the Electricity Industry (Residual Provisions) Act 1993 by Act No. 69/2000 section 3. 2. Table of Amendments This Version incorporates amendments made to the Electricity Industry (Residual Provisions) Act 1993 by Acts and subordinate instruments. ------------------------------------------------------------- Borrowing and Investment Powers (Further Amendment) Act 1994, No. 4/1994 Assent Date: 27.4.94 Commencement Date: 14.12.93: s. 2 Current State: All of Act in operation Financial Management Act 1994, No. 18/1994 Assent Date: 10.5.94 Commencement Date: S. 66(Sch. 2 item 6) on 1.7.94: s. 2(2) Current State: This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993 Financial Management (Consequential Amendments) Act 1994, No. 31/1994 Assent Date: 31.5.94 Commencement Date: S. 4(Sch. 2 item 26) on 1.1.95: Government Gazette 28.7.94 p. 2055 Current State: This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993 Electricity Industry (Amendment) Act 1994, No. 53/1994 (as amended by No. 8/1996) Assent Date: 15.6.94 Commencement Date: S. 23 on 14.12.93: s. 2(2); ss 4(2), 14(1), 21(1)(3), 22, 24 on 29.6.94: Special Gazette (No. 39) 29.6.94 p. 1-see Interpretation of Legislation Act 1984; s. 12 on 3.10.94: Special Gazette (No. 57) 23.8.94 p. 1; ss 4(1)(a)(b)(e)-(g)(3)-(5), 5-7, 10, 11, 13, 14(2), 15-20, 21(2), 25 on 3.10.94: Special Gazette (No. 64) 27.9.94 p. 1; ss 4(1)(c)(d), 8 on 1.7.97: Government Gazette 5.6.97 p. 1281; s. 9 never proclaimed, repealed by No. 8/1996 Current State: This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993 Electricity Industry (Further Amendment) Act 1994, No. 110/1994 (as amended by Nos 56/1995, 10/1998) Assent Date: 20.12.94 Commencement Date: Ss 6, 7, 8(a)(b), 9-33 on 20.12.94: Special Gazette (No. 100) 20.12.94 p. 1; s. 8(c) never proclaimed, repealed by No. 56/1995; s. 5(1) on 1.7.99: Government Gazette 1.7.99 p. 1521 Current State: This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993 Equal Opportunity Act 1995, No. 42/1995 (as amended by No. 79/1995) Assent Date: 14.6.95 Commencement Date: S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; Sch. 2 items 13.1-13.3 on 1.1.96: Government Gazette 21.12.95 p. 3571 Current State: This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993 Electricity Industry (Amendment) Act 1995, No. 56/1995 (as amended by No. 79/1995) Assent Date: 20.6.95 Commencement Date: S. 67(2) on 20.12.94: s. 2(2); ss 4(1)(3), 5-8, 11, 13-36, 44(3) on 20.6.95; s. 12 on 1.7.95: Special Gazette (No. 52) 20.6.95 p. 1; ss 9, 10, 46(2) on 8.8.95: Special Gazette (No. 78) 8.8.95 p. 1; ss 37, 38 on 28.11.95: Special Gazette (No. 116) 28.11.95 p. 1; s. 4(2) on 20.6.96: s. 2(5); s. 39 on 1.1.01: s. 2(3) Current State: This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993 Electricity Industry (Further Amendment) Act 1995, No. 79/1995 Assent Date: 28.11.95 Commencement Date: Ss 4-6, 8, 10, 13-17 on 28.11.95: Special Gazette (No. 116) 28.11.95 p. 1; ss 7, 9, 11, 12 on 28.11.95: s 2(1); Pt 3 (ss 18-21) on 14.12.95: Government Gazette 14.12.95 p. 3488-see Interpretation of Legislation Act 1984 Current State: This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993 Superannuation Acts (Amendment) Act 1996, No. 4/1996 Assent Date: 18.6.96 Commencement Date: S. 134(2) on 30.6.96: s. 2(12) Current State: This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993 Electricity Industry (Amendment) Act 1996, No. 8/1996 (as amended by No. 35/1997) Assent Date: 25.6.96 Commencement Date: S. 20 on 20.12.94: s. 2(6); s. 4(1) on 20.6.95: s. 2(2); ss 4(2)-(5), 5, 7-13, 15, 16 on 25.6.96: s. 2(1); s. 6 on 25.6.99: Government Gazette 24.6.99 p. 1465; s. 14 on 1.1.01: s. 2(5) Current State: This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993 Electricity Industry (Further Amendment) Act 1996, No. 48/1996 Assent Date: 26.11.96 Commencement Date: 26.11.96: s. 2 Current State: All of Act in operation Electricity Industry (Loy Yang B) Act 1997, No. 14/1997 Assent Date: 6.5.97 Commencement Date: S. 11 on 18.4.97: s. 2(2); Pt 1 (ss 1-3) on 6.5.97: s. 2(1); rest of Act on 8.5.97: Special Gazette (No. 50) 6.5.97 p. 1 Current State: All of Act in operation Electricity Industry (Miscellaneous Amendment) Act 1997, No. 35/1997 (as amended by Nos 55/1997, 10/1998) Assent Date: 3.6.97 Commencement Date: Pt 1 (ss 1-3) on 3.6.97: s. 2(1); rest of Act (except ss 10-12, 15, 20(1)(2), 21(3)(a)) on 3.6.97: Special Gazette (No. 58) 3.6.97 p. 1; ss 20(1)(2), 21(3)(a) on 27.11.97: Government Gazette 27.11.97 p. 3225; s. 10 never proclaimed, repealed by No. 55/1997; s. 11 on 13.12.98: Special Gazette (No. 148) 11.12.98 p. 1; ss 12, 15 on 25.6.99: Government Gazette 24.6.99 p. 1465 Current State: This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993 Electricity Industry (Further Miscellaneous Amendment) Act 1997, No. 55/1997 Assent Date: 21.10.97 Commencement Date: Ss 3, 4(1)(3), 5, 7, 9-15 on 21.10.97: s. 2(1); ss 4(2), 6, 8(b)-(d) on 13.12.98: Special Gazette (No. 148) 11.12.98 p. 1 Current State: This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993 Snowy Hydro Corporatisation Act 1997, No. 105/1997 Assent Date: 16.12.97 Commencement Date: S. 26(2) on 9.8.95: s. 2(2); s. 26(1) on 28.6.02: Special Gazette (No. 110) 25.6.02 p. 1 Current State: This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993 Electricity Industry (Amendment) Act 1998, No. 10/1998 Assent Date: 28.4.98 Commencement Date: S. 10(2) on 24.12.94: s. 2(2); s. 6 on 28.4.98: s. 2(1); ss 4, 7, 8, 10(1) on 1.6.98: s. 2(3); s. 5 on 1.7.98: Special Gazette (No. 65) 30.6.98 p. 3 Current State: This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993 Electricity Safety Act 1998, No. 25/1998 Assent Date: 12.5.98 Commencement Date: Ss 164, 165(1)-(4)(6) on 1.7.98: Special Gazette (No. 65) 30.6.98 p. 2; s. 165(5) on 31.12.99: s. 2(3) Current State: This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993 Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) Current State: This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993 Transfer of Land (Single Register) Act 1998, No. 85/1998 Assent Date: 17.11.98 Commencement Date: S. 24(Sch. item 20) on 1.1.99: s. 2(3) Current State: This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993 Electricity Industry Acts (Amendment) Act 1998, No. 89/1998 Assent Date: 24.11.98 Commencement Date: Ss 3, 4 on 24.11.98: s. 2(1) Current State: This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993 Electricity Industry Acts (Further Amendment) Act 1999, No. 36/1999 Assent Date: 8.6.99 Commencement Date: Ss 3-7, 9-15 on 8.6.99: s. 2(1); ss 16, 18, 19 on 25.6.99: Government Gazette 24.6.99 p. 1465; s. 8 on 31.12.99: Government Gazette 16.12.99 p. 2639; s. 17 never proclaimed, repealed by No. 11/2002 Current State: This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993 Electricity Industry Acts (Amendment) Act 2000, No. 38/2000 Assent Date: 6.6.00 Commencement Date: Ss 5-7, 13, 14 on 29.6.00; ss 3, 4, 9, 10 on 1.9.00: Government Gazette 29.6.00 p. 1455; ss 8, 12 on 31.12.00: s. 2(3) Current State: This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993 Electricity Industry Legislation (Miscellaneous Amendments) Act 2000, No. 69/2000 Assent Date: 21.11.00 Commencement Date: S. 17 on 22.3.94: s. 2(3); s. 16 on 14.12.95: s. 2(2); s. 13 on 21.11.00: s. 2(1); ss 3-12, 14, 15, 18-20 on 1.1.01: s. 2(4) Current State: This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993 Corporations (Consequential Amendments) Act 2001, No. 44/2001 Assent Date: 27.6.01 Commencement Date: S. 3(Sch. item 35) on 15.7.01: s. 2 Current State: This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993 Essential Services Commission Act 2001, No. 62/2001 Endnotes Assent Date: 23.10.01 Commencement Date: S. 74 on 1.1.02: s. 2 Current State: This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993 Building (Amendment) Act 2001, No. 68/2001 Assent Date: 7.11.01 Commencement Date: S. 18 on 1.7.02: s. 2(5) Current State: This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993 Statute Law (Further Revision) Act 2002, No. 11/2002 Assent Date: 23.4.02 Commencement Date: S. 3(Sch. 1 item 20) on 24.4.02: s. 2(1) Current State: This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993 Energy Legislation (Regulatory Reform) Act 2004, No. 25/2004 Assent Date: 25.5.04 Commencement Date: S. 20 on 26.5.04: s. 2(1); s. 21 on 30.6.05: s. 2(3) Current State: This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 63) on 5.4.05: Government Gazette 31.3.05 p. 602 Current State: This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993 National Electricity (Victoria) Act 2005, No. 8/2005 Assent Date: 27.4.05 Commencement Date: S. 15 on 1.7.05: Special Gazette (No. 120) 28.6.05 p. 2 Current State: This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993 ------------------------------------------------------------- 3. Explanatory Details 1 S. 4(2): See regulation 4 of the Corporations (Ancillary Provisions) Regulations 2001, S.R. No. 63/2001. ?? ?? Part 1-Preliminary Electricity Industry (Residual Provisions) Act 1993 No. 130 of 1993