75Determination of eligibility—public land

75 Determination of eligibility—public land (1) A person may apply to the Minister 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 public land; and (b) either— (i) that land is subject to the relevant transmission interest; or (ii) prescribed circumstances exist. (a) be in the prescribed form; and (b) contain any prescribed information. (3) On receiving an application under subsection (1), the Minister 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. (4) In making a determination under subsection (3), the Minister— (a) must consider any prescribed matters; and (5) A determination under subsection (3) must— (a) be made— (i) within the prescribed period; or (ii) if no period is prescribed, within 4 months after the Minister 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; or (c) the prescribed circumstances referred to in subsection (1)(b)(ii) cease to exist. (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. (8) If a person ceases to be an eligible person in relation to a relevant transmission interest under subsection (6), the person must notify the Minister, or any person nominated by the Minister— (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. 76 inserted by No. 15/2024 s. 10.