140Terms and conditions

140 Terms and conditions (1) A licence granted under section 138 shall— (a) be subject to any terms and conditions which the person granting the licence thinks fit; and S. 140(b) substituted by No. 96/1994 s. 16. (b) be for a term not exceeding 10 years and may be renewed by the person authorised to grant licences under this subdivision. S. 140(2) inserted by No. 40/2009 s. 29. (2) Despite subsection (1), a licence granted under section 138 may be for a term exceeding 10 years if the proposed licensee is leasing land adjacent to the land in respect of which the person may be granted a licence and the adjacent land is managed under this Act. S. 140(3) inserted by No. 40/2009 s. 29. (3) The term of the licence to which subsection (2) applies may be for a period not exceeding whichever is the lesser of the following— (i) 21 years; (ii) the term of the lease granted in respect of the adjacent land. S. 140(4) inserted by No. 40/2009 s. 29. (4) In granting a licence with a term exceeding 10 years under subsection (2), the person who grants the licence, must be satisfied that a licence term longer than 10 years is necessary to ensure the proposed licensee has continued use of the land in respect of which the licence would be granted for the duration of the lease over the adjacent land. S. 140AA inserted by No. 48/1996 s. 23, amended by Nos 69/2000 s. 55(2), 14/2024 s. 7. 140AA Licence granted to generation company Despite section 140(1)(b), a licence may be granted under section 138 for a term not exceeding 99 years if the licence is granted to a generation company within the meaning of the **Electricity Industry Act 2000** and is in respect of land used for the purposes of the generation of electricity for supply or sale. S. 140AB inserted by No. 14/2024 s. 8. 140AB Licence granted for offshore wind energy generation (1) Despite section 140(1)(b), a licence may be granted under section 138 for a term not exceeding 21 years if the licence is granted in respect of land used, or 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) In granting a licence under subsection (1), the person who grants the licence must have regard to the following— (a) whether or not the applicant is the holder, or applying for the licence 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 the applicant may be granted the licence; (b) whether granting the licence 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 person considers relevant. (3) Before granting a licence under subsection (1), the person who grants the licence must consult the Minister responsible for administering the **Electricity Industry Act 2000**. (4) Despite anything to the contrary in this Act, the holder of a licence granted under subsection (1) may transfer the licence to another person or body at any time with the written consent of the Minister. (5) The Minister must not consent to a transfer under subsection (4) before consulting the Minister responsible for administering the **Electricity Industry Act 2000**. (6) 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 granted under subsection (1). (7) 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; or (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; or (ii) it has temporarily or accidentally ceased to be fixed or tethered infrastructure; or (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. 140A inserted by No. 8310 s. 2. Licences for Jetties and Landing Stages etc. S. 140A inserted by No. 8310 s. 2.