55Trial waiver

55 Trial waiver (1) Subject to this section, the Commission may, on application by a person or body that proposes to undertake a trial project (a ***proponent***), make a determination to grant the proponent an exemption (a ***trial waiver***) under which the proponent is exempted from the requirement to obtain a licence in respect of the relevant activity specified in the trial waiver. (2) In making a determination to grant a trial waiver, the Commission must be satisfied that the trial project that is the subject of the application is genuinely innovative, and for that purpose, the Commission must have regard to the innovative trial principles. (3) In addition, in making a determination to grant a trial waiver, the Commission— (a) must have regard to any matter specified under a trial waiver order as a matter that the Commission must have regard to in making a determination to grant a trial waiver; and (b) may have regard to any matter that the Commission considers relevant, including any matter specified under the trial project guidelines as a matter that the Commission may have regard to in making a determination to grant a trial waiver. (4) The Commission must not grant a trial waiver if the Commission reasonably considers that the trial project is unlikely to be carried out. (5) Without limiting subsection (4), the Commission may refuse to consider an application. In doing so, the Commission may have regard to any matter that the Commission considers relevant, including any matter specified under the trial project guidelines as a matter that the Commission may have regard to in refusing an application. (6) An application for a trial waiver must be made in accordance with the trial project guidelines. (7) A trial waiver granted under this section must be in writing. (8) To avoid doubt, a proponent may be— (a) a licensee; or (b) a person who is, because of an Order under section 24, exempt from the requirement to obtain a licence in respect of— (i) the provision of services by means of a distribution pipeline; or (ii) the sale of gas by retail. New s. 56 inserted by No. 33/2021 s. 15 (as amended by No. 41/2021 s. 92).