National Electricity (NSW) Law
118AHVoluntary agreement
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118AH Voluntary agreement
118AH Voluntary agreement
(1) Before issuing a mandatory operation direction, the Minister must negotiate in good faith to seek agreement with the Registered participant for continued operation of the relevant generating units.
(2) If the Minister is satisfied, on reasonable grounds, that a Registered participant is not negotiating in good faith, the Minister may terminate the negotiations and issue a mandatory operation direction.
(3) The Minister does not fail to negotiate in good faith with a Registered participant only because the Minister takes 1 or more steps under section 118AD(4)—
(a) before or during the negotiations; or
(b) without the knowledge of the Registered participant.
(4) The Minister must, within 28 days after entering into a voluntary agreement, make publicly available the Minister’s reasons for entering into the agreement.
Note—
Section 118AO requires a Registered participant to give certain information to the Minister and the AER at certain times, including at the direction of the Minister or the AER.
s 118AH: Ins 2024 No 62, sec 6.