40JCommission assessment of small renewable energy generation feed-in terms or conditions

40J Commission assessment of small renewable energy generation feed-in terms or conditions (1) The Commission must— S. 40J(1)(a) amended by No. 41/2009 s. 9(2). (a) assess referred terms and conditions as to whether they are fair and reasonable; and (b) report to the Minister on that assessment. S. 40J(2) substituted by No. 41/2009 s. 9(3), amended by No. 64/2011 s. 14(1)(a). (2) In the case of referred terms and conditions that are premium solar feed-in tariff terms and conditions or TFiT scheme terms and conditions, the Commission must not— S. 40J(2)(a) amended by No. 64/2011 s. 14(1)(b). (a) assess the statutory minimum conditions or statutory minimum TFiT scheme conditions as to whether they are fair and reasonable; or S. 40J(2)(b) substituted by No. 64/2011 s. 14(1)(c). (b) recommend— (i) any amount or price for qualifying solar energy generation electricity supplied by a qualifying customer to a relevant licensee or a small retail licensee that differs from the premium solar feed-in credit; or (ii) any amount or price for TFiT scheme electricity supplied by a TFiT scheme customer to a relevant licensee or a small retail licensee that differs from the TFiT scheme feed-in credit. S. 40J(2A) inserted by No. 41/2009 s. 9(3). (2A) If the Commission assesses any of the referred terms and conditions as not being fair and reasonable, the Commission must, in its report to the Minister— (a) in the case of referred terms and conditions that are general renewable energy feed-in terms and conditions, recommend to the Minister prices, terms and conditions it considers are fair and reasonable; S. 40J(2A)(b) amended by No. 64/2011 s. 14(2). (b) in the case of referred terms and conditions that are premium solar feed-in tariff terms and conditions or TFiT scheme terms and conditions, recommend to the Minister terms and conditions it considers are fair and reasonable. S. 40J(3) amended by No. 41/2009 s. 9(4). (3) ESC recommended general feed-in terms and conditions must include either or both of the following— (a) a variation to any price, term or condition that the Commission has (as part of the assessment) assessed as not being fair and reasonable to make that price, term or condition fair and reasonable; (b) a new price, term or condition to apply in substitution of a price, term or condition that the Commission has (as part of the assessment) assessed as not being fair and reasonable. S. 40J(3A) inserted by No. 41/2009 s. 9(5). (3A) ESC recommended premium solar feed-in terms and conditions must include— (a) terms and conditions that are consistent with the statutory minimum conditions; and (b) either or both of the following— (i) a variation to any other term or condition that the Commission has (as part of the assessment) assessed as not being fair and reasonable to make that term or condition fair and reasonable; (ii) a new term or condition to apply in substitution of a term or condition that the Commission has (as part of the assessment) assessed as not being fair and reasonable. S. 40J(3B) inserted by No. 64/2011 s. 14(3). (3B) ESC recommended TFiT scheme terms and conditions must include— (a) terms and conditions that are consistent with the statutory minimum TFiT scheme conditions; and (b) either or both of the following— (i) a variation to any other term or condition that the Commission has (as part of the assessment) assessed as not being fair and reasonable to make that term or condition fair and reasonable; (ii) a new term or condition to apply in substitution of a term or condition that the Commission has (as part of the assessment) assessed as not being fair and reasonable. S. 40J(4) amended by Nos 41/2009 s. 9(6), 64/2011 s. 14(4). (4) A decision of the Commission relating to an assessment, or a recommendation in a report (including ESC recommended general feed-in terms and conditions, ESC recommended premium solar feed-in terms and conditions and ESC recommended TFiT scheme terms and conditions), under this section is not a determination for the purposes of the **Essential Services Commission Act 2001**. S. 40K inserted by No. 35/2007 s. 3, amended by No. 41/2009 s. 10.