sec.180Consideration of application for generation authority

### sec.180 Consideration of application for generation authority The regulator must consider an application for the issue of a generation authority and may issue, or refuse to issue, the authority. The regulator may issue the authority only if satisfied— the applicant will operate the generating plant stated in the application; and the generating plant will be able to provide electricity of a quality suitable for the transmission grid or supply network stated in the application; and the applicant is a suitable person to be a generation entity; and the owner or proposed owner of the generating plant (whether or not the applicant) is a suitable person to be the owner; and the applicant meets the additional criteria prescribed under the regulations; and the social licence criteria prescribed by regulation are satisfied for the generating plant to be connected to a transmission grid or supply network under the authority. In deciding whether the applicant is a suitable person to be a generation entity, or the owner or proposed owner of the generating plant (whether or not the applicant) is a suitable person to be the owner, the regulator may consider— the person’s previous commercial and other dealings and the standard of honesty and integrity shown in the dealings; and any failure by the person to perform commercial or statutory obligations and the reasons for the failure; and the person’s criminal history; and if the person is a corporation—the matters mentioned in paragraphs (a) to (c) for persons who are shareholders, directors or holders of other interests in the corporation; and for the applicant—the applicant’s competence to be the operator; and additional matters prescribed under the regulations. A regulation may prescribe matters the regulator must or may consider in deciding the applicant’s competence to be the operator. A regulation may prescribe the matters the regulator must consider in deciding whether the social licence criteria prescribed by regulation are satisfied for generating plant, including, for example, whether the code of conduct under section 180A has been complied with. In deciding whether to issue the authority, the regulator must consider— the objects of this Act; and relevant government policies about environmental and energy issues and the likely environmental effects of building and operating the generating plant; and additional matters prescribed under the regulations. In deciding whether to issue the authority, the regulator may consider matters prescribed under the regulations. In deciding whether to issue the authority, the regulator must not consider matters prescribed by regulation. In this section— social licence criteria , for generating plant, means criteria about the conduct or proposed conduct of persons involved in the development, building or operation of the generating plant relating to— community and stakeholder engagement for the development, building or operation of the generating plant; or mitigating or addressing the impact of the development, building or operation of the generating plant on a community affected by the development, building or operation of the generating plant; or the delivery of benefits of the development, building or operation of the generating plant to a community affected by the development, building or operation of the generating plant. s 180 amd 1997 No. 77 s 48 ; 2003 No. 28 s 12 ; 2024 No. 15 s 184A (sec.180-ssec.1) The regulator must consider an application for the issue of a generation authority and may issue, or refuse to issue, the authority. (sec.180-ssec.2) The regulator may issue the authority only if satisfied— the applicant will operate the generating plant stated in the application; and the generating plant will be able to provide electricity of a quality suitable for the transmission grid or supply network stated in the application; and the applicant is a suitable person to be a generation entity; and the owner or proposed owner of the generating plant (whether or not the applicant) is a suitable person to be the owner; and the applicant meets the additional criteria prescribed under the regulations; and the social licence criteria prescribed by regulation are satisfied for the generating plant to be connected to a transmission grid or supply network under the authority. (sec.180-ssec.3) In deciding whether the applicant is a suitable person to be a generation entity, or the owner or proposed owner of the generating plant (whether or not the applicant) is a suitable person to be the owner, the regulator may consider— the person’s previous commercial and other dealings and the standard of honesty and integrity shown in the dealings; and any failure by the person to perform commercial or statutory obligations and the reasons for the failure; and the person’s criminal history; and if the person is a corporation—the matters mentioned in paragraphs (a) to (c) for persons who are shareholders, directors or holders of other interests in the corporation; and for the applicant—the applicant’s competence to be the operator; and additional matters prescribed under the regulations. (sec.180-ssec.4) A regulation may prescribe matters the regulator must or may consider in deciding the applicant’s competence to be the operator. (sec.180-ssec.5) A regulation may prescribe the matters the regulator must consider in deciding whether the social licence criteria prescribed by regulation are satisfied for generating plant, including, for example, whether the code of conduct under section 180A has been complied with. (sec.180-ssec.6) In deciding whether to issue the authority, the regulator must consider— the objects of this Act; and relevant government policies about environmental and energy issues and the likely environmental effects of building and operating the generating plant; and additional matters prescribed under the regulations. (sec.180-ssec.7) In deciding whether to issue the authority, the regulator may consider matters prescribed under the regulations. (sec.180-ssec.8) In deciding whether to issue the authority, the regulator must not consider matters prescribed by regulation. (sec.180-ssec.9) In this section— social licence criteria , for generating plant, means criteria about the conduct or proposed conduct of persons involved in the development, building or operation of the generating plant relating to— community and stakeholder engagement for the development, building or operation of the generating plant; or mitigating or addressing the impact of the development, building or operation of the generating plant on a community affected by the development, building or operation of the generating plant; or the delivery of benefits of the development, building or operation of the generating plant to a community affected by the development, building or operation of the generating plant. - (a) the applicant will operate the generating plant stated in the application; and - (b) the generating plant will be able to provide electricity of a quality suitable for the transmission grid or supply network stated in the application; and - (c) the applicant is a suitable person to be a generation entity; and - (d) the owner or proposed owner of the generating plant (whether or not the applicant) is a suitable person to be the owner; and - (e) the applicant meets the additional criteria prescribed under the regulations; and - (f) the social licence criteria prescribed by regulation are satisfied for the generating plant to be connected to a transmission grid or supply network under the authority. - (a) the person’s previous commercial and other dealings and the standard of honesty and integrity shown in the dealings; and - (b) any failure by the person to perform commercial or statutory obligations and the reasons for the failure; and - (c) the person’s criminal history; and - (d) if the person is a corporation—the matters mentioned in paragraphs (a) to (c) for persons who are shareholders, directors or holders of other interests in the corporation; and - (e) for the applicant—the applicant’s competence to be the operator; and - (f) additional matters prescribed under the regulations. - (a) the objects of this Act; and - (b) relevant government policies about environmental and energy issues and the likely environmental effects of building and operating the generating plant; and - (c) additional matters prescribed under the regulations. - (a) community and stakeholder engagement for the development, building or operation of the generating plant; or - (b) mitigating or addressing the impact of the development, building or operation of the generating plant on a community affected by the development, building or operation of the generating plant; or - (c) the delivery of benefits of the development, building or operation of the generating plant to a community affected by the development, building or operation of the generating plant.