Victorian Consolidated Legislation

Essential Services Commission Act 2001 - SECT 35D

Time limit for determinations relating to third party infrastructure access regimes

35D. Time limit for determinations relating to third party infrastructure
access regimes



(1) Subject to this section, if the Commission has been provided with
sufficient information, the Commission must make a determination relating to a
third party infrastructure access regime within 6 months after receiving the
application or proposal.

(2) The Commission may in accordance with subsection (3) suspend the time
limit applying under subsection (1) for a period not exceeding 2 months if-

   (a)  the Commission does not have sufficient information and any reasonable
        request for further information has not been complied with; or

   (b)  further time is required to enable consultation with third parties and
        the public; or

   (c)  any other ground specified in the guidelines applies.





(3) If the Commission proposes to suspend the time limit applying under
subsection (1), the Commission must-

   (a)  notify-

   (i)  the Minister and the parties by notice in writing; and

   (ii) the public by a notice published in a daily newspaper circulating
        generally in Victoria;

   (b)  specify in the notice-

   (i)  the reason why the time limit is being suspended; and

   (ii) the date by which the Commission proposes to use its best endeavours
        to make a decision on the application or proposal.

(4) The Commission may suspend the time limit applying under subsection (1) by
a further period not exceeding 2 months if the Commission-

   (a)  first obtains the approval of the Minister; and

   (b)  complies with subsection (3).

(5) Despite subsection (2)(a), the Commission may make a determination within
the time limit applying under subsection (1) on the information available to
the Commission if the service provider of a significant infrastructure
facility has not provided the further information requested within the
specified period.

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