69Decision on certification by Commission

69 Decision on certification by Commission

S. 69(1) amended by No. 41/2021 s. 124.

(1) Subject to this section, the Commission must, not later than 3 months after receiving an application under section 68, decide whether to certify the proposal.

(2) In deciding whether to certify a capacity expansion proposal, the Commission must apply the principles specified in the least cost capacity expansion principles Order.

(3) If the Commission is satisfied that the capacity expansion proposal is the least cost means of expanding the capacity of infrastructure, or developing new infrastructure, to handle international containers at a port in Port Phillip Bay or Western Port Bay, the Commission must certify the proposal.

(4) Section 35(1) to (3) and (5) of the Essential Services Commission Act 2001 applies to a decision of the Commission under this section as if the decision were a determination to which section 35 applies.

(5) The Commission must also give a copy of its decision to the Ports Minister.

(6) A decision to certify a capacity expansion proposal under this section is not to be regarded as—

(a) authorising or approving, or not authorising or approving, works for the port or terminal capacity expansion to which the proposal relates; or

(b) requiring any person to commence works for a port or terminal capacity expansion to which the proposal relates.

(7) The Commission is not subject to the direction or control of the ESC Minister in respect of any decision it makes under this section.