Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) The Minister may determine that a stated part of the FiT capacity (a FiT capacity release ) is to be made available for the grant of FiT entitlements.
(2) The determination must state—
(a) whether the FiT capacity release will be made available by a competitive process or by direct grant to any person the Minister considers appropriate; and
(b) the following in relation to any FiT entitlement that may be granted under the release:
(i) the term (not longer than 20 years) of the entitlement;
(ii) the kind of renewable energy source that must be used;
(iii) whether a large renewable energy generator must be located in the ACT or may be located elsewhere in the Australian capital region; and
(c) for a release to be made available by direct grant—any criteria a person, or a person's proposal, must meet to be eligible for a direct grant.
(3) The determination may state the minimum capacity of a large renewable energy generator's generating system in relation to which a FiT entitlement may be granted under the FiT capacity release.
(4) In deciding whether to make a FiT entitlement available by direct grant, the Minister must have regard to—
(a) the advantages and disadvantages to the Territory of not undertaking a competitive process; and
(b) the objects of the Act.
(5) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.