Victorian Consolidated Legislation

Grain Handling and Storage Act 1995 - SECT 23

Conduct of inquiries

23. Conduct of inquiries





(1) The Commission must, not later than 30 June 2006, conduct and complete an
inquiry under the Essential Services Commission Act 2001 to make a
recommendation to the Minister administering the
Essential Services Commission Act 2001 as to whether or not a facility has
ceased to be a significant infrastructure facility or has become a significant
infrastructure facility.

(2) If the Minister administering the Essential Services Commission Act 2001
has determined that a facility is or continues to be a significant
infrastructure facility, the Commission must conduct a further inquiry under
the Essential Services Commission Act 2001 before the expiry of each
subsequent period of 5 years commencing from the date that the last inquiry
commenced, to make a recommendation to the Minister administering the
Essential Services Commission Act 2001 as to whether or not a facility has
ceased to be a significant infrastructure facility or has become a significant
infrastructure facility.

(3) Despite anything to the contrary in the
Essential Services Commission Act 2001, the following applies to an inquiry
conducted under this section-

   (a)  the Commission must publish notice of the inquiry in a daily newspaper
        generally circulating in Victoria;

   (b)  the notice must specify-

   (i)  the purposes of the inquiry;

   (ii) the period during which the inquiry is to be held;

   (iii) the period within which members of the public may make submissions;

   (iv) the form in which submissions may be made;

   (v)  details of public hearings;

   (vi) the matters about which the Commission is seeking submissions or
        intends to consider during public hearings;

   (c)  the Commission must send a copy of the notice to such persons engaged
        in the regulated industry and other persons or bodies that the
        Commission considers should be notified.

(4) If a provision of Part 5 of the Essential Services Commission Act 2001 is
inconsistent with this Part, this Part prevails.