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Forests Act 1958
57DAgreement with electricity company—reserved forest
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57D Agreement with electricity company—reserved forest
S. 57D(1) amended by No. 14/2024 s. 14.
(1) The Minister may enter into an agreement with an electricity company—
(a) to manage and control; or
(b) to carry out duties functions and powers related to the company's purpose in—
any area of reserved forest, other than any area that is a reference area under the **Reference Areas Act 1978**, that is used, or is to be used, for the purposes of or in connection with the company's purpose.
(2) An agreement under subsection (1)—
(a) must be in writing;
(b) may be amended from time to time or terminated by further written agreement between the parties; and
(c) must contain provisions with respect to the protection and conservation of the land subject to the agreement.
(3) In this section—
S. 57D(3) def. of *electricity company* amended by No. 69/2000 s. 53(3).
***electricity company*** means a generation company, transmission company or distribution company within the meaning of the **Electricity Industry Act 2000**;
***company's purpose*** means—
(a) in relation to an electricity company that is a generation company, the generation of electricity for the purposes of supply or sale;
(b) in relation to an electricity company that is a transmission company, the transmission of electricity;
(c) in relation to an electricity company that is a distribution company, the distribution or supply of electricity.
S. 57DA inserted by No. 14/2024 s. 15.
57DA Licences and permits with respect to offshore wind energy generation
(1) The Minister may grant a licence or permit for a term of not more than 21 years in respect of any area of land in reserved forest which is used, or is to be used, for one or more of the following purposes—
(a) assessing the desirability or feasibility of constructing or installing offshore electricity transmission infrastructure;
(b) determining the optimal placement of offshore electricity transmission infrastructure;
(c) carrying out an activity for the purposes of obtaining a permit or consent (however described) required by or under any Act of Victoria or the Offshore Electricity Infrastructure Act 2021 of the Commonwealth for the construction or installation of offshore electricity transmission infrastructure.
(2) A licence or permit under subsection (1)—
(b) is subject to the terms and conditions determined by the Minister; and
(c) is subject to any prescribed terms and conditions.
(3) In granting a licence or permit under subsection (1), the Minister must have regard to the following—
(a) whether or not the person or body to whom the licence or permit is to be granted is, or is applying on behalf of, the holder of a licence within the meaning of the Offshore Electricity Infrastructure Act 2021 of the Commonwealth that relates to all or any of the land in respect of which that person or body may be granted a licence or permit under subsection (1);
(b) whether granting the licence or permit would contribute to achieving an offshore wind energy generation target or a renewable energy generation target set by the State of Victoria;
(c) any other matter that the Minister considers relevant.
(4) Before granting a licence or permit under this section, the Minister must consult the Minister responsible for administering the **Electricity Industry Act 2000**.
(5) Despite anything to the contrary in this Act, the holder of a licence or permit granted under this section may transfer the licence or permit to another person or body at any time with the written consent of the Minister.
(6) The Minister must not consent to a transfer under subsection (5) before consulting the Minister responsible for administering the **Electricity Industry Act 2000**.
(7) Despite anything to the contrary in this Act, the Minister, after consulting the Minister responsible for administering the **Electricity Industry Act 2000**, may at any time vary or revoke a licence or permit granted under this section.
(8) In this section—
***offshore electricity transmission infrastructure*** means—
(a) fixed or tethered infrastructure, within the meaning of the Offshore Electricity Infrastructure Act 2021 of the Commonwealth, that has the primary purpose of storing, transmitting or conveying electricity generated or obtained from wind or air flow, including but not limited to a cable that sits on the seabed;
(b) any infrastructure, structure or installation that would be offshore electricity transmission infrastructure under paragraph (a) except that—
(i) it is being constructed, installed or decommissioned;
(ii) it has temporarily or accidentally ceased to be fixed or tethered infrastructure;
(c) any infrastructure, structure or installation that—
(i) receives, stores, transmits or distributes electricity; and
(ii) is connected to any infrastructure, structure or installation described in paragraph (a) or (b).
Heading preceding s. 57E inserted by No. 40/2009 s. 21.
Tour operator licences
S. 57E inserted by No. 40/2009 s. 21.