Electricity Act 1994

The regulator must consider the application having regard to the objects of this Act and may transfer, or refuse to transfer, the generation authority.

However, the regulator may transfer the authority only if satisfied—

the proposed transferee will operate the generating plant to which the authority relates; and

the proposed transferee is a suitable person to be a generation entity; and

the proposed transferee meets the additional criteria prescribed under a regulation; and

the social licence criteria prescribed by regulation under section 180(2)(f) are satisfied for the generating plant to which the authority relates.

In deciding whether the proposed transferee is a suitable person to be a generation entity, the regulator may consider the matters mentioned in section 180(3) as if the proposed transferee were applying for the issue of the authority.

In deciding whether the social licence criteria prescribed by regulation under section 180(2)(f) are satisfied for the generating plant to which the authority relates, the regulator must consider the matters prescribed under section 180(5).