sec.49AIndividual directions

### sec.49A Individual directions This section applies for any participating local government (the council ) of a distributor-retailer. The council may give the distributor-retailer a written direction (an individual direction ) about the way the distributor-retailer is to perform its functions relating to the council’s local government area about any of the following— charges mentioned in section 99BOB (b) and (c) ; the distributor-retailer’s annual capital works program under section 100B . However, the council may give the direction only if— it is satisfied the direction is necessary and in the public interest to the extent it relates to the local government area; and it has given the board and other participating local governments of the distributor-retailer a notice— stating the proposed direction; and asking the board for its written opinion about the direction within the required period; and it has considered any written opinion of the board given to it within the required period; and its compensation liability because of the effects of the direction has been agreed or decided under section 99BZD . The opinion may include an amount claimed for, or particulars of, the compensation liability for the distributor-retailer or all or any of its other participating local governments. In this section— required period means the following period after the giving of the notice— generally—1 month; if the distributor-retailer’s participation agreement provides for another period for giving the opinion—the other period. s 49A ins 2012 No. 1 s 16 amd 2012 No. 39 s 7 ; 2014 No. 16 s 101 sch 1 ; 2014 No. 36 s 56 sch 1 (sec.49A-ssec.1) This section applies for any participating local government (the council ) of a distributor-retailer. (sec.49A-ssec.2) The council may give the distributor-retailer a written direction (an individual direction ) about the way the distributor-retailer is to perform its functions relating to the council’s local government area about any of the following— charges mentioned in section 99BOB (b) and (c) ; the distributor-retailer’s annual capital works program under section 100B . (sec.49A-ssec.3) However, the council may give the direction only if— it is satisfied the direction is necessary and in the public interest to the extent it relates to the local government area; and it has given the board and other participating local governments of the distributor-retailer a notice— stating the proposed direction; and asking the board for its written opinion about the direction within the required period; and it has considered any written opinion of the board given to it within the required period; and its compensation liability because of the effects of the direction has been agreed or decided under section 99BZD . (sec.49A-ssec.4) The opinion may include an amount claimed for, or particulars of, the compensation liability for the distributor-retailer or all or any of its other participating local governments. (sec.49A-ssec.5) In this section— required period means the following period after the giving of the notice— generally—1 month; if the distributor-retailer’s participation agreement provides for another period for giving the opinion—the other period. - (a) charges mentioned in section 99BOB (b) and (c) ; - (b) the distributor-retailer’s annual capital works program under section 100B . - (a) it is satisfied the direction is necessary and in the public interest to the extent it relates to the local government area; and - (b) it has given the board and other participating local governments of the distributor-retailer a notice— (i) stating the proposed direction; and (ii) asking the board for its written opinion about the direction within the required period; and - (i) stating the proposed direction; and - (ii) asking the board for its written opinion about the direction within the required period; and - (c) it has considered any written opinion of the board given to it within the required period; and - (d) its compensation liability because of the effects of the direction has been agreed or decided under section 99BZD . - (i) stating the proposed direction; and - (ii) asking the board for its written opinion about the direction within the required period; and - (a) generally—1 month; - (b) if the distributor-retailer’s participation agreement provides for another period for giving the opinion—the other period.