45Resolution of dispute arising from attempt to negotiate a lease or licence

45 Resolution of dispute arising from attempt to negotiate a lease or licence (1) The AER, on application by a declared transmission system operator or prospective declared transmission system operator, may make a determination to resolve a dispute arising from an attempt to negotiate the granting of a lease or licence referred to in section 44(1)(b). (2) The determination may determine the terms and conditions of the lease or licence. (3) In making a determination, the AER must have regard to the model lease or model licence (as the case requires). (4) If the AER determines the terms and conditions of a lease or licence, a lease or licence is taken to arise between the interested parties in accordance with the AER's determination. (5) A determination may only be made under this section if— (a) the AER is satisfied that the applicant has made a reasonable, but unsuccessful, attempt to negotiate the lease or licence; and (b) the AER has given the declared transmission system operator and prospective declared transmission system operator an opportunity to make representations about the terms of the proposed determination. (6) A determination under this section takes effect on a date specified in the determination. (7) A determination under this section must be published on the website of— (a) the AER; and S. 45(7)(b) amended by No. 38/2025 s. 28. (b) VicGrid. S. 46 inserted by No. 23/2009 s. 4.