are determined by an arbitrator jointly appointed by the generation company or associated entity and the relevant council or, if within a reasonable time they fail to agree on such an appointment, by the chairperson of the Victoria Grants Commission as arbitrator or by another arbitrator nominated by that chairperson. S. 94(6) substituted by No. 33/2005 s. 4(1). (6) In determining an amount required to be paid subsection (5), an arbitrator must have regard to any methodology prescribed by an Order under subsection (6A). S. 94(6A) inserted by No. 33/2005 s. 4(1). (6A) The Governor in Council may, by Order published in the Government Gazette, prescribe a methodology for determining amounts payable under subsection (5). S. 94(6B) inserted by No. 33/2005 s. 4(1). (6B) A power may only be exercised under subsection (6A) on the joint recommendation of the Minister and the Minister administering the Local Government Act 1989. S. 94(7) amended by No. 50/2011 s. 46(Sch. item 5.1). (7) The Commercial Arbitration Act 2011 applies to arbitrations under this section. (8) Section 221 of the Local Government Act 1989 does not apply in relation to land owned or occupied by a generation company or an associated entity of a generation company which is land used for generation functions. S. 94(8A) inserted by No. 25/2004 s. 9.
are determined by an arbitrator jointly appointed by the generation company or associated entity and the relevant council or, if within a reasonable time they fail to agree on such an appointment, by the chairperson of the Victoria Grants Commission as arbitrator or by another arbitrator nominated by that chairperson. S. 94(6) substituted by No. 33/2005 s. 4(1). (6) In determining an amount required to be paid subsection (5), an arbitrator must have regard to any methodology prescribed by an Order under subsection (6A). S. 94(6A) inserted by No. 33/2005 s. 4(1). (6A) The Governor in Council may, by Order published in the Government Gazette, prescribe a methodology for determining amounts payable under subsection (5). S. 94(6B) inserted by No. 33/2005 s. 4(1). (6B) A power may only be exercised under subsection (6A) on the joint recommendation of the Minister and the Minister administering the Local Government Act 1989. S. 94(7) amended by No. 50/2011 s. 46(Sch. item 5.1). (7) The Commercial Arbitration Act 2011 applies to arbitrations under this section. (8) Section 221 of the Local Government Act 1989 does not apply in relation to land owned or occupied by a generation company or an associated entity of a generation company which is land used for generation functions. S. 94(8A) inserted by No. 25/2004 s. 9.
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