Electricity Industry Act 2004

The Minister may, under section 26, recommend the making of regulations only if the Minister considers that —

without the grant of an exclusive licence of that kind in respect of the area during the period of exclusivity there will be no supply of electricity, or a limited supply, in the area during that period; and

it is not contrary to the public interest that an exclusive licence of that kind have effect in respect of the area during the period of exclusivity; and

the regulations will provide for an open and competitive tender process to be carried out to determine the person to whom the licence must be granted.

Without limiting the other matters that may be taken into account, for the purposes of subsection (1)(b), the Minister is to take into account the matters referred to in section 8(5) but as if the area or areas referred to in section 8(5)(e) were the area referred to in subsection (1)(b).

Regulations made under section 26 —

are to set out the requirements to be observed before an application for an exclusive licence may be made; and

are to set out the requirements to be observed, in addition to the other provisions of this Part, before an exclusive licence may be granted; and

may provide for the terms and conditions of an exclusive licence in addition to those otherwise provided for by this Part.