71Application for declaration and order for payment of shortfall penalty

71 Application for declaration and order for payment of shortfall penalty

(1) If a renewable energy shortfall penalty is not paid in accordance with a shortfall notice, the ESC may apply to a court for—

(a) a declaration that the relevant entity has contravened section 61; and

(b) an order requiring the relevant entity to pay the renewable energy shortfall penalty.

(2) If the court is satisfied that the relevant entity has contravened section 61, the court may—

(a) make the declaration sought; and

S. 71(2)(b) amended by No. 41/2021 s. 80.

(b) order the relevant entity to pay to the ESC for payment into the Essential Services Commission Enforcement Fund the amount of the renewable energy shortfall penalty determined in accordance with Part 4.

(3) An order made under this section is taken, for the purposes of enforcement, to be an order made by the court in a civil proceeding.

Division 2—Surrender of additional certificates where undertaking breached