8Construction of major power facility

### 8 Construction of major power facility > > (1)  [*\[Section 8 Subsection (1) amended by No. 71 of 1997, s. 8, Applied:01 Jul 1998\]*](/view/html/inforce/1998-07-01/act-1997-071#GS8@Hpb@EN) [*\[Section 8 Subsection (1) amended by No. 71 of 1997, s. 8, Applied:01 Jul 1998\]*](/view/html/inforce/1998-07-01/act-1997-071#GS8@Hpa@EN) The Corporation may only construct, or participate in constructing, a major power facility if – > > > > > > (a) [*\[Section 8 Subsection (1) amended by No. 71 of 1997, s. 8, Applied:01 Jul 1998\]*](/view/html/inforce/1998-07-01/act-1997-071#GS8@Hpc@EN) the construction of the major power facility is specifically authorised by an Act; or > > > > > > > (b) the proposal to establish the major power facility has been laid before both Houses of Parliament and both Houses have approved the proposal. > > > (2)  A proposal under [subsection (1)](#GS8@Gs1@EN) [(b)](#GS8@Gs1@Hpb@EN) must be accompanied by details of – > > > > > > (a) the nature of the major power facility; and > > > > > > > (b) [*\[Section 8 Subsection (2) amended by No. 71 of 1997, s. 8, Applied:01 Jul 1998\]*](/view/html/inforce/1998-07-01/act-1997-071#GS8@Hpd@EN) its capacity to generate electricity; and > > > > > > > (c) where the major power facility is to be situated; and > > > > > > > (d) [*\[Section 8 Subsection (2) amended by No. 71 of 1997, s. 8, Applied:01 Jul 1998\]*](/view/html/inforce/1998-07-01/act-1997-071#GS8@Hpe@EN) the estimated cost of constructing the major power facility, the extent to which the cost is to be met by the Corporation and the amount of loan finance the Corporation will need to obtain to meet the cost, or its share of the cost, of the major power facility. > > > (3)  A House of Parliament approves a proposal for the purposes of this section as follows: > > > > > > (a) the House may pass a resolution approving the proposal; > > > > > > > (b) if at the end of 5 sitting days from when the proposal was laid before the House, the House has not resolved to disapprove the proposal and no notice of motion to disapprove the proposal is before the House, the House is taken to have approved the proposal at the end of that period; > > > > > > > (c) if a notice of motion to disapprove the proposal is before the House at the end of that period, the House is taken to have approved the proposal if (and when) – > > > > > > > > > > (i) the notice is withdrawn; or > > > > > > > > > > > (ii) the motion is negatived; or > > > > > > > > > > > (iii) a further period of 9 sitting days ends (and a motion to disapprove the proposal has not been passed within that period). > > > (4)  In this section –[*\[Section 8 Subsection (4) amended by No. 71 of 1997, s. 8, Applied:01 Jul 1998\]*](/view/html/inforce/1998-07-01/act-1997-071#GS8@Hpf@EN) > > > > > [*\[Section 8 Subsection (4) amended by No. 71 of 1997, s. 8, Applied:01 Jul 1998\]*](/view/html/inforce/1998-07-01/act-1997-071#GS8@Hpf@EN) ***major power facility*** means new generating plant with an installed capacity exceeding 40 megawatts or a limit fixed by regulation together with, in the case of hydro-electric generating plant, associated equipment to hold water, or to direct, monitor or control the flow of water, for the purposes of hydro-electric generation; > > > > > [*\[Section 8 Subsection (4) amended by No. 115 of 2001, s. 5, Applied:17 Dec 2001\]*](/view/html/inforce/2001-12-17/act-2001-115#GS5@EN) ***new generating plant*** does not include plant installed by way of modification to existing generating plant or plant installed to replace existing generating plant on the same site or plant for the generation of electricity from the wind.