Victorian Current Acts Victorian Current Acts(1) The AER, on application by a declared transmission system operator or prospective declared transmission system operator, may make a determination to resolve a dispute arising from an attempt to negotiate the granting of a lease or licence referred to in section 44(1)(b).
(2) The determination may determine the terms and conditions of the lease or licence.
(3) In making a determination, the AER must have regard to the model lease or model licence (as the case requires).
(4) If the AER determines the terms and conditions of a lease or licence, a lease or licence is taken to arise between the interested parties in accordance with the AER's determination.
(5) A determination may only be made under this section if—
(a) the AER is satisfied that the applicant has made a reasonable, but unsuccessful, attempt to negotiate the lease or licence; and
(b) the AER has given the declared transmission system operator and prospective declared transmission system operator an opportunity to make representations about the terms of the proposed determination.
(6) A determination under this section takes effect on a date specified in the determination.
(7) A determination under this section must be published on the website of—
(a) the AER; and
(b) AEMO.
S. 46 inserted by No. 23/2009 s. 4.