Energy (Infrastructure Facilitation) Act 2024
sec.26Responsible Ministers may declare, and direct Powerlink to construct, priority transmission investment
Start here
Get a plain-English read of sec.26
Turn the raw legal text into a practical explanation grounded in Energy (Infrastructure Facilitation) Act 2024.
sec.26 Responsible Ministers may declare, and direct Powerlink to construct, priority transmission investment
This section applies if the responsible Ministers are satisfied— Powerlink has assessed a candidate priority transmission investment as directed under section 24 ; and it would be appropriate to construct the investment to address the identified need for the investment, as decided by the Minister in the direction given under section 24 (4) (b) , having regard to the following matters— the report given to the Minister by Powerlink for the investment under section 24 ; advice given to the Minister by a suitably qualified person for the investment under section 25 ; any further information given to the Minister by Powerlink under section 25A . The responsible Ministers may declare the candidate priority transmission investment to be a priority transmission investment to be constructed as directed under this section. The Minister must notify the making of the declaration in the gazette and publish the declaration on the department’s website. As soon as practicable after making the declaration, the responsible Ministers must direct Powerlink to construct the priority transmission investment. The direction must— state an option to address the identified need for the priority transmission investment; and require Powerlink to construct the investment using the option stated under paragraph (a) ; and state the anticipated date decided by the responsible Ministers by which Powerlink will commence construction of the investment; and state the anticipated date for completion of construction of the investment decided by the responsible Ministers. The stated option to address the identified need for the investment mentioned in subsection (5) (a) must be the same as the option proposed by Powerlink in the report given to the Minister under section 24 (2) (b) (ii) , unless— the Minister has requested further information in relation to the option under section 25A ; and having regard to the matters stated in subsection (1) , the responsible Ministers consider it would be appropriate to vary the option proposed by Powerlink under section 24 (2) (b) (ii) . Powerlink must take all reasonable steps to— commence construction of the priority transmission investment using the option to address the identified need stated in the direction by the anticipated date mentioned in subsection (5) (c) ; and complete construction of the investment by the anticipated date mentioned in subsection (5) (d) . If there is an inconsistency between subsection (7) and section 30 (1) , subsection (7) prevails to the extent of the inconsistency. To remove any doubt, it is declared that Powerlink is not prevented from designing the infrastructure the subject of the priority transmission investment, or acquiring land associated with construction of the investment, before the investment is declared under subsection (2) or a direction is given in relation to the investment under subsection (4) . s 26 sub 2025 No. 30 s 23 (sec.26-ssec.1) This section applies if the responsible Ministers are satisfied— Powerlink has assessed a candidate priority transmission investment as directed under section 24 ; and it would be appropriate to construct the investment to address the identified need for the investment, as decided by the Minister in the direction given under section 24 (4) (b) , having regard to the following matters— the report given to the Minister by Powerlink for the investment under section 24 ; advice given to the Minister by a suitably qualified person for the investment under section 25 ; any further information given to the Minister by Powerlink under section 25A . (sec.26-ssec.2) The responsible Ministers may declare the candidate priority transmission investment to be a priority transmission investment to be constructed as directed under this section. (sec.26-ssec.3) The Minister must notify the making of the declaration in the gazette and publish the declaration on the department’s website. (sec.26-ssec.4) As soon as practicable after making the declaration, the responsible Ministers must direct Powerlink to construct the priority transmission investment. (sec.26-ssec.5) The direction must— state an option to address the identified need for the priority transmission investment; and require Powerlink to construct the investment using the option stated under paragraph (a) ; and state the anticipated date decided by the responsible Ministers by which Powerlink will commence construction of the investment; and state the anticipated date for completion of construction of the investment decided by the responsible Ministers. (sec.26-ssec.6) The stated option to address the identified need for the investment mentioned in subsection (5) (a) must be the same as the option proposed by Powerlink in the report given to the Minister under section 24 (2) (b) (ii) , unless— the Minister has requested further information in relation to the option under section 25A ; and having regard to the matters stated in subsection (1) , the responsible Ministers consider it would be appropriate to vary the option proposed by Powerlink under section 24 (2) (b) (ii) . (sec.26-ssec.7) Powerlink must take all reasonable steps to— commence construction of the priority transmission investment using the option to address the identified need stated in the direction by the anticipated date mentioned in subsection (5) (c) ; and complete construction of the investment by the anticipated date mentioned in subsection (5) (d) . (sec.26-ssec.8) If there is an inconsistency between subsection (7) and section 30 (1) , subsection (7) prevails to the extent of the inconsistency. (sec.26-ssec.9) To remove any doubt, it is declared that Powerlink is not prevented from designing the infrastructure the subject of the priority transmission investment, or acquiring land associated with construction of the investment, before the investment is declared under subsection (2) or a direction is given in relation to the investment under subsection (4) .