(2A) Prices, terms and conditions that are determined under subsection (1)(a) must be fair and reasonable. S. 40L(2B) inserted by No. 41/2009 s. 11. (2B) Terms and conditions determined under subsection (1)(b)— include terms and conditions that are consistent with the statutory minimum conditions; and the case of terms and conditions that are not the statutory minimum conditions, must be fair and reasonable. S. 40L(2C) inserted by No. 64/2011 s. 15(3). (2C) Terms and conditions determined under subsection (1)(c)— include terms and conditions that are consistent with the statutory minimum TFiT scheme conditions; and the case of terms and conditions that are not the statutory minimum TFiT scheme conditions, must be fair and reasonable. (3) A determination of the Commission under this section is not a determination for the purposes of the Essential Services Commission Act 2001. S. 40M inserted by No. 35/2007 s. 3, substituted by No. 41/2009 s. 12. 40M Declaration of renewable energy generation electricity general feed-in terms and conditions (1) This section applies if the Minister receives a report from the Commission 40J containing ESC recommended general feed-in terms and conditions; or 40L containing ESC determined general feed-in terms and conditions.
(2A) Prices, terms and conditions that are determined under subsection (1)(a) must be fair and reasonable. S. 40L(2B) inserted by No. 41/2009 s. 11. (2B) Terms and conditions determined under subsection (1)(b)— include terms and conditions that are consistent with the statutory minimum conditions; and the case of terms and conditions that are not the statutory minimum conditions, must be fair and reasonable. S. 40L(2C) inserted by No. 64/2011 s. 15(3). (2C) Terms and conditions determined under subsection (1)(c)— include terms and conditions that are consistent with the statutory minimum TFiT scheme conditions; and the case of terms and conditions that are not the statutory minimum TFiT scheme conditions, must be fair and reasonable. (3) A determination of the Commission under this section is not a determination for the purposes of the Essential Services Commission Act 2001. S. 40M inserted by No. 35/2007 s. 3, substituted by No. 41/2009 s. 12. 40M Declaration of renewable energy generation electricity general feed-in terms and conditions (1) This section applies if the Minister receives a report from the Commission 40J containing ESC recommended general feed-in terms and conditions; or 40L containing ESC determined general feed-in terms and conditions.
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