Division 4—General provisions applying to electricity corporations S. 26 substituted by No. 110/1994 s. 7. 26 Directions s. 26 (1) The Treasurer and the Minister, acting jointly, may, from time to time, by written notice to the board of an electricity corporation, give such directions to the board as the Treasurer or Minister think fit. (2) The board of an electricity corporation must comply with a direction given under this section but an act or decision of the board is not invalid merely because of a failure to comply with such a direction. (3) Each electricity corporation must include in its annual report under Part 7 of the Financial Management Act 1994 a copy of each direction given to it under this section together with a statement of its response to the direction. S. 26(4) substituted by No. 56/1995 s. 8(1), amended by Nos 35/1997 s. 19(b), 36/1999 s. 19(b). (4) In this section, electricity corporation includes a public distribution company, a public transmission company and a public generation company. S. 27 amended by Nos 53/1994 s. 10(1)(2), 110/1994 ss 8(a), 33(2), 35/1997 s. 19(c), repealed by No. 69/2000 s. 6. * * * * *
New s. 84AA inserted by No. 79/1995 s. 10. 84AA Financial benefits given on arm's length terms (1) A financial benefit given before 1 July 1995 by a distribution company or generation company under a relevant contract to a recipient is deemed for the purposes of Part 3.2A of the Corporations Law of Victoria (despite anything to the contrary in that Law) to have been given on terms and conditions no more favourable to the recipient than those on which it is reasonable to expect that the first-mentioned distribution company or generation company would have given the benefit directly if dealing with the recipient at arm's length in the same circumstances. (2) In subsection (1)— recipient means Power Net Victoria, VPX, SEC, Generation Victoria, a distribution company or a generation company; relevant contract means use of system agreement, connection agreement, distribution system agreement, tariffs and charges deed or vesting hedging contract. S. 84AB inserted by No. 79/1995 s. 10, amended by No. 35/1997 s. 22(c), repealed by No. 33/2014 s. 10. * * * * * S. 84AC inserted by No. 79/1995 s. 10, amended by Nos 68/2001 s. 18, 34/2013 s. 35(Sch. 2 item 3). 84AC Building Act 1993 The Victorian Building Authority under the Building Act 1993, by notice published in the Government Gazette, may determine that building work, or a building, on land of a generation company is exempt from the provisions of the Building Act 1993 and regulations under that Act
The Minister or the Treasurer may, in writing, delegate to any person any function or power of the Minister or Treasurer under this Act, other than this power of delegation. 86 Agreements about certain matters s. 84C Despite anything to the contrary in this Act— S. 86(a) amended by Nos 53/1994 s. 19(1)(a), 110/1994 ss 18(c), 33(2), 35/1997 s. 22(e). (a) a Minister or the State, or, with the consent of the Minister, SEC, an electricity corporation, VPX, a distribution company, a transmission company, a generation company or SEC company may enter into an agreement concerning property, obligations, rights or liabilities that, under section 62(1), may not be included in an allocation statement under that section but may be affected by this Act, or by anything done or suffered under this Act, whether directly or indirectly; and (b) any such agreement takes effect according to its terms. S. 87 amended by Nos 53/1994 s. 19(1)(b), 110/1994 s. 33(2). 87 Service of documents on electricity corporation A document required or authorised to be served on an electricity corporation or VPX may be served— (a) personally on a person— S. 87(a)(i) amended by Nos 53/1994 s. 19(1)(c), 110/1994 s. 33(2). (i) apparently concerned in the management of the corporation or VPX; or S. 87(a)(ii) amended by Nos 53/1994 s. 19(1)(c), 110/1994 s. 33(2). (ii) apparently authorised to accept service of documents on behalf of the corporation or VPX; or
S. 87(b) amended by Nos 53/1994 s. 19(1)(c), 110/1994 s. 33(2). (b) by post to the corporation or VPX at its principal office. 88 Evidence of documents s. 87 S. 88(1) amended by Nos 53/1994 s. 19(1)(b)(c), 110/1994 s. 33(2). (1) A document issued or purporting to have been issued by an electricity corporation or VPX and purporting to have been signed by the chief executive officer of the corporation or VPX is evidence that the document was issued by the corporation or VPX. S. 88(2) repealed by No. 25/1998 s. 165(5). * * * * * S. 89 repealed by No. 53/1994 s. 19(1)(d). * * * * * 90 Treasurer may give guarantee s. 90 S. 90(1) amended by Nos 53/1994 s. 19(1)(e)(f), 110/1994 ss 18(d), 33(2), 56/1995 s. 19(b)(c), 35/1997 s. 22(f). (1) The Treasurer may, on behalf of the Government of Victoria, execute a guarantee on such terms and conditions as the Treasurer determines in favour of any person guaranteeing the due satisfaction of amounts that become payable by an electricity corporation, VPX, a public distribution company, public transmission company or a public generation company under section 29(1) or of amounts that become payable and of other actions required to be performed as a result of or in connection with the provision to an electricity corporation, VPX or a public distribution company, public transmission company or public generation company of financial accommodation including without limiting the generality of the foregoing, the payment of expenses of enforcing
S. 96 amended by Nos 53/1994 s. 110/1994 ss 20(1)(a)(b) (2), 33(2), repealed by No. 10/1998 s. 8(a). * * * * * s. 96 S. 97 amended by Nos 53/1994 s. 21(3)(a)–(c), 110/1994 s. 20(3), repealed by No. 10/1998 s. 8(a). * * * * * _______________ Pt 9 (Heading and ss 98–113) substituted as Pt 9 (Headings and ss by No. 53/1994 s. 24. Division 1—Definitions S. 98 substituted by No. 53/1994 s. 24. 98 Definitions s. 98 (1) In this Part— chief executive officer means chief executive officer of National Electricity; former National Electricity property means property, rights or liabilities of National Electricity that, under this Part, have vested in, or become liabilities of, another person;
allocator means the person who is nominated by the Minister for the purposes of Division 3; company transferee, in relation to former MEU property, means the distribution company to which the property has been transferred under this Part; former MEU property means MEU property that, under this Part, has vested in, or become a liability of, a distribution company; MEU means an electrical undertaking conducted immediately before the commencement of section 24 of the Electricity Industry (Amendment) Act 1994 by a municipal council under the authority of an Order in Council made under the Electric Light and Power Act 1958 or a corresponding previous enactment; MEU instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date— (a) to which a municipal council was a party; or (b) that was given to or in favour of a municipal council; or (c) that refers to a municipal council; or (d) under which— (i) money is, or may become, payable to or by a municipal council; or
(i) money is, or may become, payable to or by the TCO; or (ii) other property is to be, or may become liable to be, transferred to or by the TCO; s. 153TQ TCO transferee, in relation to former TCO property, means the person to which the property has been transferred under this Part; transferred TCO employee means a person who, by virtue of section 153TZE, is regarded as being employed by a new employer with effect from the relevant date; S. 153TQ(1) def. of transferor company amended by Nos 55/1997 s. 9(1), 36/1999 s. 13(a). transferor company means Victorian Power Exchange Pty Ltd A.C.N. 080 200 371 or a public transmission company or a public generation company. (2) The Minister may, by notice published in the Government Gazette— (a) fix a relevant date for the purposes of an allocation statement under section 153TS; (b) fix a relevant date for the purposes of a document referred to in section 153TZD(1). S. 153TR inserted by No. 35/1997 s. 25, amended by No. 55/1997 s. 9(2) (ILA s. 39B(1)). 153TR Nomination of transferor company s. 153TR (1) If the Treasurer, on behalf of the State, enters into an agreement for the sale or transfer of property, rights and liabilities of a transferor company, the Treasurer may nominate the transferor company for the purpose of this Part.
S. 153X(c) inserted by No. 14/1997 s. 13. (c) the terms of the LYB Transaction Implementation Agreement or the transactions referred to or contemplated in that Agreement. _______________ Pt 12 (Heading and ss 154–169) inserted by No. 53/1994 s. 25. S. 154 inserted by No. 53/1994 s. 25. 154 Definitions s. 154 In this Part— S. 154 def. of distributor repealed by No. 56/1995 s. 25(b). * * * * * S. 154 def. of franchise customer repealed by No. 56/1995 s. 39(a). * * * * * S. 154 def. of licence repealed by No. 55/1997 s. 4(3). * * * * * S. 154 def. of non-franchise customer substituted by No. 110/1994 s. 26, repealed by No. 56/1995 s. 39(a). * * * * *
S. 154 def. of Office repealed by No. 56/1995 s. 25(b). * * * * * S. 154 def. of pool rules inserted by No. 56/1995 s. 25(c). pool rules means the rules relating to the operation of the market for wholesale trading in electricity operated and administered by VPX; retailer means the holder of a licence to sell electricity otherwise than through the wholesale electricity market. S. 155 inserted by No. 53/1994 s. 25. 155 Construction of Part s. 155 This Part is relevant legislation for the purposes of the Office of the Regulator-General Act 1994. S. 155A inserted by No. 55/1997 s. 11, repealed by No. 69/2000 s. 14. * * * * * S. 156 inserted by No. 53/1994 s. 25, amended by Nos 110/1994 s. 33(2), 35/1997 s. 24(a). 156 Application of Part This Part applies to any person, including SEC, an electricity corporation, VPX and any distribution company, transmission company and generation company. S. 157 inserted by No. 53/1994 s. 25, amended by No. 62/2001 s. 74(c). 157 Objectives of the Commission The objectives of the Commission under this Act are— (a) to promote competition in the generation, supply and sale of electricity; (b) to ensure the maintenance of an efficient and economic system for the generation, transmission, distribution, supply and sale of electricity;
(c) to protect the interests of consumers with respect to electricity prices and the safety, reliability and quality of electricity supply; (d) to facilitate the maintenance of a financially viable electricity supply industry. S. 157A inserted by No. 48/1996 s. 6, repealed by No. 69/2000 s. 14. * * * * * s. 157A S. 158 inserted by No. 53/1994 s. 25, amended by Nos 56/1995 ss 39(b), 44(3), 55/1997 s. 12(1)(a)(2), 38/2000 s. 3, repealed by No. 69/2000 s. 14. * * * * * S. 158AA inserted by No. 38/2000 s. 4, repealed by No. 69/2000 s. 14. * * * * * S. 158A inserted by No. 110/1994 s. 27, amended by Nos 56/1995 ss 26(1)–(3), 39(c), 35/1997 s. 11, 55/1997 s. 12(1)(b), 38/2000 s. 5, repealed by No. 69/2000 s. 14. * * * * *
(b) any land that reverts or is surrendered to the Crown under this Part. (2) A Crown grant under this section— (a) is subject to any terms, conditions, covenants, exceptions, reservations and limitations that the Governor in Council may determine; and (b) may provide for the land to be granted as to the surface and down to a depth specified in the grant being a depth below the surface of not more than 300 metres. (3) A Crown grant under this section may make any adjustments necessary to correct any defect in boundaries found on survey. S. 217 inserted by No. 79/1995 s. 19. 217 Registrar-General and Registrar of Titles to make necessary amendments to records S. 217(1) repealed by No. 85/1998 s. 24(Sch. item 20.10). * * * * * (2) The Registrar of Titles, on being requested to do so, must make any amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Part.
C219 Morwell Gun Club Old 9503 244 F2453 Commonwealth of Princes Freeway & Jensens Lane 6578 426 8821 491 1827 Scout Association and Girl Guides Association 8323 962 Table B SEC Lease Number Lessee Description of Lease Affected Titles Volume Folio F6663 & F6680 Skilled Engineering Ltd A.C.N. 005 585 811 Central Workshops Yallourn 5115 853 F6661 NS Komatsu Pty Ltd A.C.N. 053 514 739 Transport Workshops Yallourn 5115 853 F6660 Gardner Perrott A.C.N. 000 164 938 Civil Services Depot (part) 5097 352 F6657 Deanmac Land Services Pty Ltd A.C.N. 062 799 731 Civil Services Depot (part) 9481 164 5115 853 5097 352 F6658 Deanmac Emergency Services Pty Ltd A.C.N. 006 953 126 Former Victorian Railways Buildings (Fire Training Centre) 9481 164 5115 853 5097 352 F6667 Vodaphone Pty Ltd A.C.N. 056 161 045 Telecommunications Base Station and Network 9481 159 3 Sch. 3A Item Situation and area of land Instrument and date of reservation Description of land by reference to Government Gazette Purpose of Reservation Extent of revocation 1. Parish of Maryvale, , 4985 hectares Order in Council dated 6 March 1939 Government Gazette dated 8 March 1939, page 827 Site for public recreation The entire reserve
Item Situation and area of land Instrument and date of reservation Description of land by reference to Government Gazette Purpose of Reservation Extent of revocation Sch. 3A 6. Bed and 4023 metres from each bank of the La Trobe river, less authorised excisions Order in Council dated 23 May 1881 Government Gazette dated 27 May 1881, page 1389 Site for public purposes That part of the reserve delineated and coloured light green on a plan lodged in the Central Plan Office of the Department of Treasury and Finance and numbered 7. Bed and 2012 metres from each bank of the Morwell river Order in Council dated 23 May 1881 Government Gazette dated 27 May 1881, page 1389 Site for public purposes That part of the reserve delineated and coloured light green on the plans lodged in the Central Plan Office of the Department of Treasury and Finance and numbered and _______________
SEC Affected Titles Lease Number Lessee Location Volume Folio Sch. 3B D142 T. Van Der Veen South side of , Lots 11, 12 and Part Lot 10 LP1532, Parish of Loy Yang. 9047 9047 9080 624 625 962 D143 C. J. Fleming Traralgon–Gormandale Road & Melrossa Road, (north-east corner), part of CA's 4C and 4E, Section A, Parish of Loy Yang. 4808 8357 8396 8480 8539 451 007 618 436 213 D154 E. E. Macreadie Traralgon–Gormandale Road & Melrossa Road, (south-east corner), parts of CA's 8 & 8B, Section A, Parish of Loy Yang. 9132 9132 753 754 D155 A. A. Jones West of Melrossa Road, part of CA 8, Section A, Parish of Loy Yang. 9203 921 D156 J. Derham 6H, Parish of Loy Yang. 6333 585 D157 E. E. Macreadie Traralgon–Gormandale Road & Melrossa Road, (north-west corner), CA's 6 & 6A1, Section A, Parish of Loy Yang. 8388 8388 148 149 D158 A. & A. Sheridan 6B, Section A, Parish of Loy Yang. 7097 202 D160 B. D. & C. L. Hinson Traralgon–Gormandale Road & Melrossa Road, (south-west corner), part of CA 5, Section A, Parish of Loy Yang. 8130 409 D162 G.V. Crawford Traralgon–Gormandale Road & Minniedale Road, (north-east corner), CA 6A, Section A, Parish of Loy Yang. 4719 732 SEC Affected Titles Lease
Number Lessee Location Volume Folio Sch. 3B D163 F. & S. M. Onley Hyland Highway & Minniedale Road, corner), part of CA 5, Section A, Parish of Loy Yang. 9386 018 D164 M. L. & J. L. Woolcock Melrossa Road & Minniedale Road, corner), part of CA 9B, Section A, Parish of Loy Yang. 8966 227 D168 R. S. & L. A. Berry (lessees) R. J. & S. C. Smith Bounded by , , & 9B, Section A, Parish of Loy Yang. 9184 9184 9184 9184 9184 9184 457 458 459 460 461 462 D170 A. & S. Bolton East of Minniedale Road North, part of CA 14K, Parish of Loy Yang. 7491 104 D172 R. & M. J. Cumming North of Shields Road, part of CA 14L, Parish of Loy Yang. 9310 254 D174 A., H. & A. Sheridan Bounded by Minniedale North Road, Shields Road & Broomfields Road, CA's 13D, 13D1, 13J, 13J1, 13J2, 13J3, 13O, 14H, 14J, 14M, 15, 15A & 15A2, Parish of Loy Yang. 3314 6006 8223 715 142 317 D180 J. B. Derham North of , Part of CA 15B & CA 13S, Parish of Loy Yang. 8664 625 D181 G. J. & R. L. McAinch Minniedale Road & Traralgon–Gormandale Road, (north-west corner), part of CA 15C, Parish of Loy Yang. 9153 414 SEC Affected Titles Lease Number Lessee Location Volume Folio Sch. 3B east
Road, part of CA's 6K, 6K1, 6K2 & 7K1, Section A, Parish of Loy Yang. 9034 9089 9428 388 232 090 D480 B. F. S. Hughes North of Callignee South Road, part of CA's 6N, 6P, 6L, 6L1, 6L2, 6L3, LP 69787 & LP 83054, Section A, Parish of Loy Yang. 4315 8578 8749 8749 10092 899 024 596 597 270 D498 J. Davis North of Chester Park Road, part of CA 17A, Section A, Parish of Loy Yang. 8936 695 Part of D498A M. J. O'Doherty North of Chester Park Road, part of CA 17A & 8D, Section A, Parish of Loy Yang. 8936 695 D502 Dry Coal Pty Ltd A.C.N. 052 013 555 & Valley Char Pty Ltd A.C.N. 051 766 164 , Parish of Loy Yang. 10214 069 D515 APM Forests Pty. Ltd. A.C.N. 004 285 705 Whitelaws Track, Lot 2, LP 113445, Parish of Loy Yang. 9861 130 D520 APM Forests Pty. Ltd. A.C.N. 004 285 705 Off , part of CA 16D, Parish of Loy Yang. 8076 8076 143 144 D530 M. A. & A. L. Cumming 's 15R1, 15Q & part of CA's 15E, 15R & 15R2, Parish of Loy Yang. 6620 959 D532 G. N. & H. E. Armstrong West of Phillips Lane, CA 15K & part of 15K1, Parish of Loy Yang. 6620 959 SEC Affected Titles Lease Number Lessee Location Volume Folio Sch. 3B D550 E. J. Stockdale West of , Lot 1, LP 119772, Parish of Loy Yang. 9187 988
Service Road, (south-west corner), part of CA's 27B & 48B, Section A, Parish of Narracan. 8761 167 C098 H. K. & V. M. Turner Buckley's Track & Jensens Lane, (north-west corner), part of CA's 27B & 48B, Parish of Narracan. 8242 8761 127 167 C164 M. & J. Rosato Buckley's Track & Marretts Road, (north-east corner), CA 26A & part of CA 27A, Parish of Narracan. 9205 9205 424 425 C166 B. E. Cathie Bounded by Morwell River, Princes Freeway, Marretts Road & Thorpdale Road, part of CA's 5, 5A, 5B, 27A, 28, 29 & 29B, Parish of Narracan & part of CA's 50 & 50A, Parish of Maryvale. 5692 6101 6578 8184 8208 8812 8838 9150 9150 9150 9157 9205 9217 322 127 426 935 402 118 614 653 654 658 341 425 014 C190 Latrobe Regional Water Authority West of Morwell– & of Morwell River Diversion Channel, part of CA 28, Parish of Narracan. 6101 8812 127 118 SEC Affected Titles Lease Number Lessee Location Volume Folio Sch. 3C C194 Latrobe Regional Water Authority Bounded by Road & Princes Freeway, part of CA's 51 & 49A, Parish of Maryvale. 6493 7603 7603 7603 7603 568 183 184 185 186 C490 N. K. Wettenhall North of Deans Track, CA 22A, Section A, Parish of Narracan. 6197 249
M. J. Dare of Hazelwood. 8083 8104 8242 8821 10135 706 521 655 151 584 C840 Shire of LaTrobe East of Yinnar Road, part of CA 1, Parish of Hazelwood. 6224 664 C859 D. S. Cook North of Switchback Road, part of CA's 1, F2, F3 & F4, Parish of Hazelwood. 5759 6224 7986 747 664 117 C860 Shire of LaTrobe (Jeeralang Pony Club) North of Switchback Road, part of CA F10, Parish of Hazelwood. 6049 640 C884 LaTrobe Regional Commission Bounded by Hazelwood Cooling Pond, and Black , Lot 4 L.P. 120260, Parish of Hazelwood. 6049 8434 9861 640 017 134 C885 LaTrobe Regional Commission Bounded by Hazelwood Cooling Pond, Nadenbouschs Road & Black Bobs Lane, Lots 1, 2 & part of 3, LP 120260, Parish of Hazelwood. 6049 8201 8434 9195 9195 9861 640 269 017 224 225 133 SEC Affected Titles Lease Number Lessee Location Volume Folio Sch. 3C C886 Liberty Images Pty. Ltd. A.C.N. 064 257 183 West of Nadenbouschs Road, part of CA F1, Parish of Hazelwood. 9861 133 F3468 Central Gippsland Region Water Authority Part of CA 1C, Section A, Parish of Hazelwood. 7973 8053 8274 089 479 867 F3913 Central Gippsland Region Water Authority Part of CA's 1B, 18 & 19, Parish of Hazelwood. 2651 2915 8083 8104 8242 8821 012 917 706 521 655 151 F6688 Australian Government Wing 3 Lower, Morwell Administration Centre, 8274 867
Publishing Service Morwell. HFC01 Yallourn Energy Ltd. A.C.N. 065 325 224 Wing 2 Upper, Wing 4 Upper, Wing 5 & part of Registry area in Wing 6, Morwell Administration Centre, Morwell. 8274 867 HFC02 SEC Wing 1 Lower & Archival storage within Wing 6 Basement, Morwell Administration Centre, Morwell. 8274 867 C140 W. S. & M. A. Wilkinson & C. T. Gray Bounded by Laws Track, Vary Road & Buckleys Track, part of CA 46A, Section A, Parish of Narracan. 8242 8761 126 167 C142 F. Disisto South of Buckleys Track, part of CA 46A, Section A, Parish of Narracan. 8761 167 C144 B. A. Lawless Bounded by Laws Track, Buckleys Track & Blacks Track, part of CA 46A, Section A, Parish of Narracan. 8761 167 SEC Affected Titles Lease Number Lessee Location Volume Folio Sch. 3C C148 APM Forests Pty. Ltd. A.C.N. 004 285 705 East of Vary Road, Part of CA 46A, Section A, Parish of Narracan. 8242 8761 126 167 C150 APM Forests Pty. Ltd. A.C.N. 004 285 705 Vary Road & Deans Track (south-west corner), part of CA 46A, Section A, Parish of Narracan. 8761 167 C154 N. A. & A. M. Morgan South of Laws Track, part of CA 46A, Section A, Parish of Narracan. 8761 167 C156 APM Forests Pty. Ltd. A.C.N. 004 285 705 North of Deans Track, part of CA 46A, Section A, Parish of Narracan. 8761 167
Ltd. A.C.N. 005 531 546 Hazelwood. 10135 584 F1996 Gas & Fuel Corporation of Part of CA 18A, Section A, Parish of Hazelwood. 2651 7831 8242 012 186 655 F3913 Central Gippsland Region Water Authority Part of CA 19, Parish of Hazelwood. 8242 655 F6658 Deanmac Emergency Services Pty Ltd A.C.N. 006 953 126 Part of CA 11H, Parish of Maryvale. 8217 219 F6662 Brambles Australia Ltd. A.C.N. 000 164 938 Part of CA 11H, Parish of Maryvale. 8217 8274 219 867 F6665 Siemens Ltd. A.C.N. 004 347 880 Julia Street, part of CA 11H, Parish of Maryvale. 8217 8274 219 867 SEC Affected Titles Lease Number Lessee Location Volume Folio Sch. 3C F6668 WBM Pty Ltd A.C.N. 010 830 421 of , part of CA 55C, Parish of Maryvale. 8274 867 F6682 Terich Industries Pty Ltd A.C.N. 007 366 887 Julia Street, part of CA 11H, Parish of Maryvale. 8217 219 F6684 Victorian Power Exchange , Morwell. 8274 867 F6685 Lease Plan Australia Ltd A.C.N. 006 923 011 Part of CA 11H, Parish of Maryvale. 8217 219