QLDIn ForceAct
Electricity Act 1994
sec.184BConsideration of application for transfer
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### sec.184B Consideration of application for transfer
The regulator must consider the application having regard to the objects of this Act and may transfer, or refuse to transfer, the generation authority.
However, the regulator may transfer the authority only if satisfied—
the proposed transferee will operate the generating plant to which the authority relates; and
the proposed transferee is a suitable person to be a generation entity; and
the proposed transferee meets the additional criteria prescribed under a regulation; and
the social licence criteria prescribed by regulation under section 180 (2) (f) are satisfied for the generating plant to which the authority relates.
In deciding whether the proposed transferee is a suitable person to be a generation entity, the regulator may consider the matters mentioned in section 180 (3) as if the proposed transferee were applying for the issue of the authority.
In deciding whether the social licence criteria prescribed by regulation under section 180 (2) (f) are satisfied for the generating plant to which the authority relates, the regulator must consider the matters prescribed under section 180 (5) .
s 184B ins 2003 No. 28 s 15
amd 2024 No. 15 s 184C
(sec.184B-ssec.1) The regulator must consider the application having regard to the objects of this Act and may transfer, or refuse to transfer, the generation authority.
(sec.184B-ssec.2) However, the regulator may transfer the authority only if satisfied— the proposed transferee will operate the generating plant to which the authority relates; and the proposed transferee is a suitable person to be a generation entity; and the proposed transferee meets the additional criteria prescribed under a regulation; and the social licence criteria prescribed by regulation under section 180 (2) (f) are satisfied for the generating plant to which the authority relates.
(sec.184B-ssec.3) In deciding whether the proposed transferee is a suitable person to be a generation entity, the regulator may consider the matters mentioned in section 180 (3) as if the proposed transferee were applying for the issue of the authority.
(sec.184B-ssec.4) In deciding whether the social licence criteria prescribed by regulation under section 180 (2) (f) are satisfied for the generating plant to which the authority relates, the regulator must consider the matters prescribed under section 180 (5) .
- (a) the proposed transferee will operate the generating plant to which the authority relates; and
- (b) the proposed transferee is a suitable person to be a generation entity; and
- (c) the proposed transferee meets the additional criteria prescribed under a regulation; and
- (d) the social licence criteria prescribed by regulation under section 180 (2) (f) are satisfied for the generating plant to which the authority relates.