113BCompliance with bushfire mitigation plan

113B Compliance with bushfire mitigation plan

S. 113B(1) amended by Nos 59/2011 s. 8(1), 22/2023 s. 18.

(1) During the specified bushfire risk period, a major electricity company must not commence to commission, or operate, a supply network unless a bushfire mitigation plan that applies to the company's supply network has been accepted or provisionally accepted under this Division.

S. 113B(2) amended by Nos 59/2011 s. 8(1), 22/2023 s. 18.

(2) A major electricity company must comply with an accepted bushfire mitigation plan that applies to the company's supply network.

(3) Subsection (1) does not apply to a major electricity company that has a reasonable excuse.

(4) For the purposes of subsection (1), it is a reasonable excuse for a major electricity company not to comply with subsection (1) if—

S. 113B(4)(a) amended by No. 59/2011 s. 8(3).

(a) there is no accepted bushfire mitigation plan that applies to the company's supply network; and

S. 113B(4)(b) amended by No. 59/2011 s. 8(3).

(b) the reason for there being no accepted bushfire mitigation plan that applies to the company's supply network is that—

(i) Energy Safe Victoria failed to accept the company's bushfire mitigation plan by 31 October in the year it was submitted to Energy Safe Victoria; and

(ii) that failure arose because of unreasonable delay on Energy Safe Victoria's part.

(5) For the purposes of subsection (1), it is not a reasonable excuse for a major electricity company not to comply with subsection (1) if—

S. 113B(5)(a) amended by No. 59/2011 s. 8(3).

(a) there is no accepted bushfire mitigation plan that applies to the company's supply network; and

S. 113B(5)(b) amended by No. 59/2011 s. 8(3).

(b) the reason for there being no accepted bushfire mitigation plan that applies to the company's supply network is that—

(i) Energy Safe Victoria failed to accept the company's bushfire mitigation plan by 31 October in the year it was submitted to Energy Safe Victoria and that failure arose because of actions or inactions of the company that hampered the ability of Energy Safe Victoria to make a decision whether to accept that plan by 31 October; or

(ii) Energy Safe Victoria has not accepted a plan under section 83BG (as applied and modified by section 113C).

(6) Subsections (4) and (5) do not limit what may constitute a reasonable excuse.

S. 113C inserted by No. 55/2010 s. 27.