VICIn ForceAct
National Electricity (Victoria) Act 2005
70Determination of eligibility
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70 Determination of eligibility
S. 70(1) amended by No. 38/2025 s. 40(1).
(1) A person may apply to VicGrid for a determination that the person is eligible to receive payments under this Division in relation to a relevant transmission interest if—
(a) the person holds a prescribed interest in land other than public land; and
(b) that land is subject to the relevant transmission interest.
(a) be in the prescribed form; and
(b) contain any prescribed information.
S. 70(3) amended by No. 38/2025 s. 40(1).
(3) On receiving an application under subsection (1), VicGrid must either—
(a) determine that the person is eligible to receive payments under this Division in relation to the relevant transmission interest; or
(b) determine that the person is not eligible to receive payments under this Division in relation to the relevant transmission interest.
S. 70(4) amended by No. 38/2025 s. 40(2).
(4) In making a determination under subsection (3), VicGrid—
(a) must consider any prescribed matters; and
S. 70(4)(b) amended by No. 38/2025 s. 40(2).
(5) A determination under subsection (3) must—
(a) be made—
(i) within the prescribed period; or
S. 70(5)(a)(ii) amended by No. 38/2025 s. 40(1).
(ii) if no period is prescribed, within 3 months after VicGrid receives the application; and
(b) set out any prescribed information.
(6) Unless circumstances prescribed for the purposes of this subsection apply, a person ceases to be an eligible person in relation to a relevant transmission interest if—
(a) the land in which the person's interest subsists ceases to be subject to the relevant transmission interest; or
(b) the person ceases to hold the interest in land.
(7) Without limiting subsection (6)(a), land does not cease to be subject to a relevant transmission interest solely because the relevant transmission interest to which the land is subject is assigned or transferred to another transmission company.
S. 70(8) amended by No. 38/2025 s. 40(2).
(8) If a person ceases to be an eligible person in relation to a relevant transmission interest under subsection (6), the person must notify VicGrid, or any person nominated by VicGrid—
(a) in writing within 15 business days after the person ceases to be an eligible person; and
(b) in accordance with any guidelines under section 79(2).
(9) Nothing in this section prevents a person applying under subsection (1) in relation to a prescribed interest in land created by a subdivision of that land.
S. 71 inserted by No. 15/2024 s. 10.