ELECTRICITY INDUSTRY (RESIDUAL PROVISIONS) ACT 1993

Victorian Current Acts

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ELECTRICITY INDUSTRY (RESIDUAL PROVISIONS) ACT 1993

TABLE OF PROVISIONS

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 2--Directions as to electricity supply system

19. Regulations may provide for compensation for certain loss

Division 4--General provisions applying to electricity corporations

26. Directions

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
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

PART 3--PROPERTY AND WORKS

42AA. Definition
43. Certain rights deemed to be easements appurtenant to lands of electricity corporation
47A. Application of Mineral Resources Development Act 1990 to generation companies or SEC

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

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--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

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

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 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
84AC. Building Act 1993
84B. Persons dealing with electricity corporations or VPX
84C. Reports to Treasurer
85. Delegation by Minister and Treasurer
86. Agreements about certain matters
87. Service of documents on electricity corporation
88. Evidence of documents
90. Treasurer may give guarantee
91. Trade Practices Act 1974 of the Commonwealth
91A. Exemption from Freedom of Information Act
91AB. Ombudsman Act 1973 not to apply
91AC. Obligations under certain contracts
91B. Debt proceedings
92. Regulations

PART 8--TRANSITIONAL

94. Generation Victoria successor of State Body

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 5--Staff

113. List of National Electricity staff
114. Transfer of National Electricity staff
115. Future terms and conditions of transferred employees

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 5--Staff

131. List of ESV staff
132. Transfer of ESV staff
133. Future terms and conditions of transferred employees

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 6--Staff

150. List of MEU staff
151. Transfer of MEU staff
152. Future terms and conditions of transferred MEU staff members

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 5--Staff

153Q. List of GV staff
153R. Transfer of GV staff
153S. Future terms and conditions of transferred employees

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
156. Application of Part
157. Objectives of the Commission
158BA. Power to regulate certain changes

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
SCHEDULE 3
SCHEDULE 3A
SCHEDULE 3B
SCHEDULE 3C
SCHEDULE 4
ENDNOTES

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