97Costs in relation to mitigation systems

97 Costs in relation to mitigation systems

S. 97(1) amended by Nos 39/2005 s. 48(Sch. 1 item 2), 13/2025 s. 20(1).

(1) If a person is required under this Act or the regulations to carry out any action in relation to a mitigation system, Energy Safe Victoria may require the person to contribute to the cost of that action an amount or amounts determined by Energy Safe Victoria after consultation

with—

S. 97(1)(a) inserted by No. 13/2025 s. 20(1).

(i) if an advisory committee is established, that advisory committee and, if Energy Safe Victoria considers it appropriate to do so, the person; or

(ii) if no advisory committee is established, the person; and

S. 97(1)(b) inserted by No. 13/2025 s. 20(1).

S. 97(2) amended by Nos 39/2005 s. 48(Sch. 1 items 1, 2), 13/2025 s. 20(2).

(2) Energy Safe Victoria may require a person or body whose assets are affected by any action carried out under this Act or the regulations in relation to a mitigation system to contribute to the cost of that action an amount or amounts determined by Energy Safe Victoria after consultation

with—

S. 97(2)(a) inserted by No. 13/2025 s. 20(2).

(i) if an advisory committee is established, that advisory committee and, if Energy Safe Victoria considers it appropriate to do so, the person or body; or

(ii) if no advisory committee is established, the person or body; and

S. 97(2)(b) inserted by No. 13/2025 s. 20(2).

S. 97(3) amended by No. 39/2005 s. 48(Sch. 1 item 2), substituted by No. 13/2025 s. 20(3).

(3) If a person is required under this Act or the regulations to carry out any action in relation to a mitigation system, Energy Safe Victoria may carry out that action on behalf of that person after Energy Safe Victoria consults with—

(i) if an advisory committee is established, that advisory committee and, if Energy Safe Victoria considers it appropriate to do so, the person; or

(ii) if no advisory committee is established, the person; and

S. 97(4) amended by No. 39/2005 s. 48(Sch. 1 item 9).

(4) Subject to subsection (2), if Energy Safe Victoria carries out an action under subsection (3) it may recover the costs of that action from the person who is required to carry out that action.

S. 97(5) amended by No. 39/2005 s. 48(Sch. 1 item 2).

(5) Any amount determined under subsection (1), (2) or (4) may be recovered by Energy Safe Victoria in any court of competent jurisdiction as a debt due to Energy Safe Victoria.

S. 97(6) substituted by No. 13/2025 s. 20(4).