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Electricity Industry (Residual Provisions) Act 1993
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Turn the raw legal text into a practical explanation grounded in Electricity Industry (Residual Provisions) Act 1993.
47A Application of Mineral Resources Development Act 1990 to generation companies
(1) This section applies despite anything to the contrary in the Mineral Resources Development Act 1990 or in any exemption granted under section 7 of that Act and any such exemption is of no effect to the extent that it relates to any land covered by a current mining licence granted in accordance with this section.
(2) Words and expressions used in this section that are also used in the Mineral Resources Development Act 1990 have the same meanings as in that Act.
S. 47A(3) amended by Nos 14/1997 s. 5(3), 11/2024 s. 38(2).
(3) The Governor in Council may, by Order published in the Government Gazette on the recommendation of the Minister administering the Mineral Resources Development Act 1990, grant a mining licence over land within the Latrobe area to a generation company.
(4) A licence granted in accordance with this section—
(a) is current for the time specified in the licence; and
(b) applies to the land described in the licence; and
(c) is subject to such conditions as are determined by the Governor in Council on the recommendation of the Minister administering the Mineral Resources Development Act 1990 (including, but not limited to, conditions about payment of royalties and any other matter referred to in section 26(2) of that Act and the condition referred to in section 26(4) of that Act) and specified in the licence; and
(d) is deemed for all purposes to be registered during the period from the commencement of the Order granting the licence until the licence is registered under subsection (19).
(5) The Mineral Resources Development Act 1990 and any other Act applies to a licence granted in accordance with this section as if it had been granted by the Minister administering that Act under Part 2 of that Act.
(6) Without limiting subsection (5), a licence granted in accordance with this section may be renewed, transferred, varied surrendered or cancelled, or a condition of such a licence may be varied, suspended, revoked or added, under Part 2 of the Mineral Resources Development Act 1990.
(7) An Order in Council under this section must—
(a) include an authority to commence work and a work plan (including a rehabilitation plan for the land);
(b) specify the amount of the rehabilitation bond required to be entered into by the licensee, the form of that bond and the time at which or the event on the happening of which it must be entered into.
(8) The Mineral Resources Development Act 1990 and any other Act applies to an authority to commence work and a work plan included in an Order in Council under this section as if the authority to commence work had been granted by the chief administrator under section 42 of that Act and the work plan had been approved by the chief administrator under section 40(4) of that Act.
(9) An authority to commence work and a work plan included in an Order in Council under this section are deemed for all purposes to be registered during the period from the commencement of the Order until the authority or plan (as the case requires) are registered under subsection (19).
(10) Without limiting subsection (8), a plan having effect as an approved work plan by virtue of this section may be varied under section 41 of the Mineral Resources Development Act 1990.
(11) Despite subsections (7) to (10), an authority to commence work included in an Order in Council under this section does not authorise the doing of work on private land unless—
(a) the licensee has obtained the consent of the owners and occupiers of the land affected; or
(b) the licensee has made compensation agreements with those owners and occupiers; or
(c) the amount of compensation payable to those owners and occupiers has been determined under Part 8 of the Mineral Resources Development Act 1990; or
(d) the licensee has purchased the land affected.
(12) The Mineral Resources Development Act 1990 and any other Act applies to a rehabilitation bond entered into by a licensee in accordance with an Order in Council under this section as if it had been entered into by the licensee in accordance with section 80 of that Act.
(13) A rehabilitation bond entered into by a licensee in accordance with an Order in Council under this section is deemed for all purposes to be registered during the period from the date on which it was entered into until it is registered under subsection (19).
(14) Without limiting subsection (12), the Minister administering the Mineral Resources Development Act 1990 may serve a notice on the licensee under section 80(4) or (5) of that Act.
S. 47A(15) repealed by No. 14/1997 s. 5(1)(d).
S. 47A(16) amended by No. 79/1995 s. 7, repealed by No. 14/1997 s. 5(1)(d).
S. 47A(17)(18) repealed by No. 14/1997 s. 5(1)(d).
(19) Without limiting subsection (4)(d), (9) or (13), the registrar must, in accordance with section 69 of the Mineral Resources Development Act 1990, register—
(a) any licence granted in accordance with this section;
(b) any authority to commence work or work plan included in an Order in Council under this section;
(c) any rehabilitation bond entered into by a licensee in accordance with an Order in Council under this section.
Pt 3A (Heading and ss 47B–47G) inserted by No. 25/1998
s. 164, amended by No. 36/1999 ss 4–8, repealed by No. 69/2000 s. 11.
Pt 3AA (Heading and ss 47N–47W) inserted by No. 36/1999 s. 9, repealed by No. 69/2000 s. 11.
Pt 4 (Heading) amended by No. 25/1998
s. 165(3).
Part 4—The Administrator
Division 1—The Administrator
48 Appointment of Administrator
(1) There shall be an Administrator for the restructuring of the electricity supply industry.
(2) The Administrator shall be appointed by the Treasurer after consultation with the Minister.
(3) The term of office of the Administrator is the term (not exceeding 2 years) specified in the instrument of appointment, and the Administrator is eligible for re-appointment.
(4) Subject to this section, the terms and conditions of appointment of the Administrator shall be set by the Treasurer after consultation with the Minister.
S. 48(5) amended by Nos 46/1998
s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 63.1).
(5) The Administrator is not subject to the Public Administration Act 2004 by reason only of the appointment as Administrator.