94Rateability of certain property

94 Rateability of certain property S. 94(1) repealed by No. 23/2009 s. 14. (2) Despite anything to the contrary in the **Local Government Act 1989**, land is not occupied land for the purposes of that Act merely because any pole, wire or cable of a distribution company, transmission company or generation company is on, under or over that land. (3) The Loy Yang B land is rateable land and an agreement under section 27 of the **Loy Yang B Act 1992** in force immediately before 8 May 1997 has effect as if it had been entered into under subsection (4)(a) of this section. (4) Despite anything in the **Local Government Act 1989**— S. 94(4)(a) amended by No. 1/2017 s. 10(1)(a). (a) a generation company, an associated entity of a generation company or an exempt generator that is liable to pay rates in respect of land used for generation functions may, instead of paying rates in respect of that land, elect by notice in writing given to the relevant council to pay amounts agreed or determined under subsection (5); or S. 94(4)(b) amended by No. 1/2017 s. 10(1)(b). (b) the relevant council may, by notice in writing given to a generation company, an associated entity of a generation company or an exempt generator that is liable to pay rates in respect of land used for generation functions, require that company, associated entity or exempt generator to pay, instead of rates in respect of that land, amounts agreed or determined under subsection (5). S. 94(5) amended by No. 1/2017 s. 10(2). (5) A generation company, associated entity or exempt generator that elects to, or is required to, pay amounts under this subsection must pay to the relevant council— S. 94(5)(a) amended by No. 1/2017 s. 10(2). (a) such amount or amounts as are agreed between the generation company, associated entity or exempt generator and the relevant council, at such times as are so agreed; or S. 94(5)(b) amended by Nos 1/2017 s. 10(2), 9/2020 s. 379. (b) if, at any time, the amount required to be paid is not the subject of an agreement under paragraph (a) or the prior determination of an arbitrator, such amount and at such times as are determined by an arbitrator jointly appointed by the generation company, associated entity or exempt generator and the relevant council or, if within a reasonable time they fail to agree on such an appointment, by the chairperson of the Victorian Local Government Grants Commission as arbitrator or by another arbitrator nominated by that chairperson. S. 94(6) substituted by No. 33/2005 s. 4(1). (6) In determining an amount required to be paid under subsection (5), an arbitrator must have regard to any methodology prescribed by an Order under subsection (6A). S. 94(6A) inserted by No. 33/2005 s. 4(1). (6A) The Governor in Council may, by Order published in the Government Gazette, prescribe a methodology for determining amounts payable under subsection (5). S. 94(6B) inserted by No. 33/2005 s. 4(1). (6B) A power may only be exercised under subsection (6A) on the joint recommendation of the Minister and the Minister administering the **Local Government Act 1989**. S. 94(7) amended by No. 50/2011 s. 46(Sch. item 5.1). (7) The **Commercial Arbitration Act 2011** applies to arbitrations under this section. S. 94(8) amended by No. 1/2017 s. 10(3). (8) Section 221 of the **Local Government Act 1989** does not apply in relation to land owned or occupied by a generation company, an associated entity of a generation company or an exempt generator which is land used for generation functions. S. 94(8A) inserted by No. 25/2004 s. 9, amended by No. 1/2017 s. 10(4). (8A) A generation company, an associated entity of a generation company or an exempt generator is deemed for the purposes of this section to be liable to pay rates in respect of land used for generation functions if the generation company, the associated entity or the exempt generator— (a) is liable to pay rates in respect of the land under the **Local Government Act 1989**; or (b) is liable to pay rates in respect of the land under an agreement with the person who is liable to pay rates in respect of the land under the **Local Government Act 1989**. ***associated entity***, in relation to a generation company, means a person to whom an exemption under section 17 applies in respect of an activity relating to the generation of electricity for supply or sale, being an activity for which the generation company holds a licence under Part 2; S. 94(9) def. of *exempt generator* inserted by No. 1/2017 s. 10(5)(a). ***exempt generator*** means a person to whom an exemption under an Order made under section 17 applies in respect of the generation of electricity for supply or sale; S. 94(9) def. of *land used for generation functions* substituted by No. 33/2005 s. 4(2)(a), amended by No. 1/2017 s. 10(5)(b). ***land used for generation functions*** means land used primarily for the generation of electricity on which a generation facility is situated— (a) whether or not the land consists of more than one parcel of land; and (b) if the land consists of more than one parcel, whether or not those parcels are contiguous or in the same ownership; ***Loy Yang B land*** means the land shown hatched on the plan in Schedule 2 to the **Loy Yang B Act 1992**; S. 94(9) def. of *relevant council* substituted by No. 33/2005 s. 4(2)(b). ***relevant council*** means any council in whose municipal district any land used for generation functions (or any part of that land) is situated. Part 6—Electricity supply emergency provisions Division 1—Emergency provisions 95 Proclamation that this Part applies (1) If it appears to the Governor in Council that— (a) an event has occurred, or is about to occur, which may endanger an undertaking of a distribution company, a transmission company or a generation company or a person who supplies electricity to another person or materially affect the safe, economical or effective supply of electricity; or (b) the available supply of electricity is, or is likely to become, less than is sufficient for the reasonable requirements of the community— the Governor in Council may by proclamation declare that this Part is to apply. (2) The proclamation must be published in the Government Gazette. (3) The proclamation takes effect on the date of its publication. S. 95(4) inserted by No. 32/2001 s. 28(7). (4) The Governor in Council may at any time revoke a proclamation.