40LCommission determination of small renewable energy generation prices, terms and conditions

40L Commission determination of small renewable energy generation prices, terms and conditions S. 40L(1) substituted by No. 41/2009 s. 11. (1) The Commission must determine— (a) the prices, terms and conditions on the Minister's request under section 40I(1)(b)(i); S. 40L(1)(b) amended by No. 64/2011 s. 15(1). (b) the terms and conditions on the Minister's request under section 40I(1)(b)(ii); S. 40L(1)(c) inserted by No. 64/2011 s. 15(2). (c) the terms and conditions on the Minister's request under section 40I(1)(b)(iii). S. 40L(2) substituted by No. 41/2009 s. 11. (2) The Commission must report to the Minister on a determination under subsection (1). S. 40L(2A) inserted by No. 41/2009 s. 11. (2A) Prices, terms and conditions that are determined under subsection (1)(a) must be fair and reasonable. S. 40L(2B) inserted by No. 41/2009 s. 11. (2B) Terms and conditions determined under subsection (1)(b)— (a) must include terms and conditions that are consistent with the statutory minimum conditions; and (b) in the case of terms and conditions that are not the statutory minimum conditions, must be fair and reasonable. S. 40L(2C) inserted by No. 64/2011 s. 15(3). (2C) Terms and conditions determined under subsection (1)(c)— (a) must include terms and conditions that are consistent with the statutory minimum TFiT scheme conditions; and (b) in the case of terms and conditions that are not the statutory minimum TFiT scheme conditions, must be fair and reasonable. (3) A determination of the Commission under this section is not a determination for the purposes of the **Essential Services Commission Act 2001**. S. 40M inserted by No. 35/2007 s. 3, substituted by No. 41/2009 s. 12.