Electricity Act 1994

The regulator must consider an application for the issue of a generation authority and may issue, or refuse to issue, the authority.

The regulator may issue the authority only if satisfied—

the applicant will operate the generating plant stated in the application; and

the generating plant will be able to provide electricity of a quality suitable for the transmission grid or supply network stated in the application; and

the applicant is a suitable person to be a generation entity; and

the owner or proposed owner of the generating plant (whether or not the applicant) is a suitable person to be the owner; and

the applicant meets the additional criteria prescribed under the regulations; and

the social licence criteria prescribed by regulation are satisfied for the generating plant to be connected to a transmission grid or supply network under the authority.

In deciding whether the applicant is a suitable person to be a generation entity, or the owner or proposed owner of the generating plant (whether or not the applicant) is a suitable person to be the owner, the regulator may consider—

the person’s previous commercial and other dealings and the standard of honesty and integrity shown in the dealings; and

any failure by the person to perform commercial or statutory obligations and the reasons for the failure; and

the person’s criminal history; and

if the person is a corporation—the matters mentioned in paragraphs (a) to (c) for persons who are shareholders, directors or holders of other interests in the corporation; and

for the applicant—the applicant’s competence to be the operator; and

additional matters prescribed under the regulations.

A regulation may prescribe matters the regulator must or may consider in deciding the applicant’s competence to be the operator.

A regulation may prescribe the matters the regulator must consider in deciding whether the social licence criteria prescribed by regulation are satisfied for generating plant, including, for example, whether the code of conduct under section 180A has been complied with.

In deciding whether to issue the authority, the regulator must consider—

the objects of this Act; and

relevant government policies about environmental and energy issues and the likely environmental effects of building and operating the generating plant; and

additional matters prescribed under the regulations.

In deciding whether to issue the authority, the regulator may consider matters prescribed under the regulations.

In deciding whether to issue the authority, the regulator must not consider matters prescribed by regulation.

In this section—social licence criteria, for generating plant, means criteria about the conduct or proposed conduct of persons involved in the development, building or operation of the generating plant relating to—

community and stakeholder engagement for the development, building or operation of the generating plant; or

mitigating or addressing the impact of the development, building or operation of the generating plant on a community affected by the development, building or operation of the generating plant; or

the delivery of benefits of the development, building or operation of the generating plant to a community affected by the development, building or operation of the generating plant.