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 special approval.

However, the regulator may transfer the special approval only if satisfied—

the proposed transferee is a suitable person to hold the special approval; and

if relevant to the activities carried out under the special approval, the social licence criteria prescribed by regulation under section 180(2)(f) are satisfied for the generating plant to which the approval relates.

In deciding whether the proposed transferee is a suitable person to hold the special approval, the regulator may consider the matters the regulator considers appropriate.

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