General terms of grant for Private Overhead Electric Line owners
Powerline Replacement Fund
Powerline Bushfire Safety Program
Department of Environment, Land, Water and Planning
Table of Contents
1.DEFINITIONS AND INTERPRETATION
2.TERM OF GENERAL TERMS OF GRANT, LETTER OF OFFER AND VOUCHER
3.OBLIGATION TO ENGAGE REC TO PERFORM THE WORKS
4.INSPECTION AND RECORD KEEPING
5.ACKNOWLEDGEMENTS
6.LIABILITY AND INDEMNITY
7.TERMINATION
8.OBLIGATION TO REPAY DELWP
9.NOTICES AND OTHER COMMUNICATIONS
10.GENERAL
- DEFINITIONS AND INTERPRETATION
- DEFINITIONS
The following definitions apply in these General Terms of Grant.
"Applicant" means a person who completes and submits a POEL Application Form to DELWP and is subsequently issued a Letter of Offer.
"Application Form" means the document titled 'Application Form for POEL Owners' provided by DELWP to the Applicant.
"Application Guidelines and Terms of Participation" means the document titled 'Application Guidelines and Terms of Participation' provided by DELWP to the Applicant in respect of all stages of the PRF Program.
"Approved Amount" means the amount approved by DELWP for the Works, inclusive of GST, as set out in the Voucher.
"Business Day" means a day that is not a Saturday, Sunday or public holiday in Victoria.
“Certificate of Electrical Safety” means a certificate of electrical safety issued by the REC in respect of the Works which meets the requirements for certificates of electrical safety under the Electricity Safety Act 1998 (Vic).
"DELWP" means the Victorian Department of Environment, Land, Water and Planning
"Expiry Date" means the date specified in the Voucher unless otherwise extended in writing by DELWP in its absolute discretion.
"General Terms of Grant" means this document.
"Letter of Offer" means the letter from DELWP to the Applicant notifying the Applicant that its application for funding assistance under the PRF Program is successful.
"PRF Program" means the Powerline Replacement Fund program described in Part 1 of the Application Guidelines and Terms of Participation.
"Party" means each of DELWP and the Applicant and "Parties" means both DELWP and the Applicant.
"Private Electric Line" means the 'private electric line' as that term is defined in the Electricity Safety Act 1998 (Vic) that is owned by the Applicant and connects to any building or structure on the Property.
"Property" means the Applicant's property as described in the Application Form.
“REC" means the electrical contractor registered by Energy Safe Victoria pursuant to the Electricity Safety Act 1998 (Vic) specified in the Voucher or as otherwise approved in writing by DELWP.
"Supplier Application Form" has the meaning set out in the Application Guidelines and Terms of Participation.
"Term" has the meaning set out in clause 2.
“Voucher” means a voucher which specifies the Applicant, the Property, the Works, the REC, the Approved Amount and any other terms and conditions applicable to the issue of the voucher to the REC for the benefit of the Applicant, use of the voucher by the Applicant and redemption of the voucher by the REC after completion of the Works.
"Works" means the works to be carried out in respect of the Private Electric Line by the REC, as detailed in the Voucher.
1.2INTERPRETATION
In these General Terms of Grant, except where the context otherwise requires:
(a)the singular includes the plural and vice versa, and a gender includes other genders;
(b)another grammatical form of a defined word or expression has a corresponding meaning;
(c)a reference to a clause, paragraph, schedule or annexure is to a clause or paragraph of, or schedule or annexure to, these General Terms of Grant;
(d)a reference to a statute, ordinance, code, ruling or other law includes regulations and other instruments under it and consolidations, amendments, reenactments or replacements of any of them;
(e)a reference to a party to a document includes the party's executors, administrators, successors and permitted assigns and substitutes;
(f)a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
(g)the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
(h)a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it; and
(i)if a day on or by which an obligation must be performed or an event must occur is not a Business Day, the obligation must be performed or the event must occur on or by the next Business Day.
1.3HEADINGS
Headings are for ease of reference only and do not affect interpretation.
- TERM OF GENERAL TERMS OF GRANT, LETTER OF OFFER AND VOUCHER
(a)In consideration of DELWP issuing the Letter of Offer to the Applicant and the Voucher to the REC for the benefit of the Applicant, the Applicant agrees to the terms and conditions of these General Terms of Grant and any terms and conditions specified in the Letter of Offer and/or the Voucher.
(b)These General Terms of Grant and the terms and conditions contained in the Letter of Offer and/or theVoucher take effect on the date the Applicant is issued the Letter of Offer by DELWP and end on the Expiry Date or the effective date of termination of these General Terms of Grant and the voiding of the Voucher under clause 7, whichever is the earlier (Term).
- OBLIGATION TO ENGAGE REC TO PERFORM THE WORKS
(a)The Applicant must contact the REC within a reasonable period of time to carry out the Works after receipt of the Letter of Offer from DELWP.
(b)The Applicant must sign the Voucher and return possession of the Voucher to the REC upon completion of the Works and receipt of the following from the REC:
(i)a Certificate of Electrical Safety, including evidence that the Certificate of Electrical Safety has been lodged with and accepted by Energy Safe Victoria; and
(ii)a valid tax invoice in respect of the Works for the Approved Amount.
- INSPECTION AND RECORD KEEPING
(a)For the purposes of verifying that the Works have been completed to DELWP's satisfaction, DELWP (or any person authorised by DELWP) may inspect the Works, the Property and any other sites at which the Works have been performed on 5 Business Days notice to the Applicant. The Applicant agrees to:
(i)grant access, and procure that any relevant third party grants access (where applicable) to the Property and other sites at which the Works have been performed; and
(ii)provide all reasonable assistance to DELWP for the purposes of DELWP exercising its rights under this clause4(a).
- ACKNOWLEDGEMENTS
The Applicant acknowledges and agrees that:
(a)the REC has been nominated to DELWP by the Applicant to perform the Works based on the Applicant's own independent enquiries, investigations and interactions with the REC during the quote process between the Applicant and the REC, and DELWP has not in any way influenced the Applicant's nomination to DELWP of the REC to perform the Works;
(b)any agreement between Applicant and the REC in respect of the Works or other works in respect of the Private Electric Line constitutes a private agreement between the Applicant and the REC and DELWP will not be deemed to be a party to such an agreement;
(c)DELWP is not in any way responsible for the performance of the Works or liable for any loss or damage suffered or incurred in connection with the performance of the Works;
(d)the Voucher cannot be redeemed by the Applicant for payment by DELWP and can only be redeemed by the REC for payment by DELWP of the Approved Amount upon completion of the Works and provision to DELWP of relevant documentation to the satisfaction of DELWP (including the documentation and evidence set out in clause 3(b));
(e)DELWP is under no obligation to provide more than the Approved Amount to the REC in respect of the Works and as between DELWP and the Applicant, the Applicant is responsible for meeting all costs and expenses in relation to the Works which exceed the Approved Amount;
(f)DELWP has no obligation to pay the Approved Amount, or any part of the Approved Amount, to the REC after the Expiry Date; and
(g)the Applicant is responsible for meeting all costs and expenses in relation to the Private Electric Line which are not covered by the Approved Amount, including any ongoing operation, maintenance and repair costs, regulatory compliance costs and any future capital costs associated with the Private Electric Line.
- LIABILITY AND INDEMNITY
(a)DELWP, its servants and agents shall not be responsible at any time for any liabilities incurred or entered into by the Applicant as a result of, or arising out of the Applicant's responsibilities under these General Terms of Grant, the Letter of Offer and the Voucher, the Works or the operation and maintenance of the Private Electric Line.
(b)It is the responsibility of the Applicant to:
(i)carry out its obligations under these General Terms of Grant, the Letter of Offer and the Voucher;
(ii)engage the REC to perform the Works;
(iii)obtain, or procure the obtaining of, all necessary consents and approvals required in respect of the Private Electric Line and the performance of the Works, including access and other rights in relation to any property owned by third parties; and
(iv)operate and maintain, or procure the operation and maintenance of, the Private Electric Line before, during and after the Works,
at its own risk and, in so doing, it shall comply or procure compliance (as applicable) with the provisions of any applicable statute, regulations or local law, any applicable third party agreements, consents or approvals and any applicable legal requirements of any authority, relevant electricity distributor or other body.
(c)The Applicant must indemnify DELWP, its servants and agents against all expenses, losses, damages and costs (on a solicitor and own client basis) and whether incurred by or awarded against DELWP, its servants or agents that DELWP, its servants or agents may sustain or incur as a result, whether directly or indirectly, of:
(i)any breach of these General Terms of Grant or the terms and conditions contained in the Letter of Offer and/or Voucher by the Applicant; or
(ii)any loss of or damage to any property or injury to or death of any person caused by any negligent, reckless, wilful or unlawful act or omission of the Applicant or its officers, employees, agents, personnel and contractors, including the REC.
- TERMINATION
- DELWP'S TERMINATION
DELWP may terminate these General Terms of Grant and void the Letter of Offer and Voucher with immediate effect by giving notice to the Applicant if:
(a)DELWP is of the reasonable opinion that the Applicant has provided false or misleading information in its Application Form;
(b)DELWP is of the reasonable opinion that the Applicant has participated in the PRF Program in a dishonest or fraudulent manner or has otherwise colluded with the REC to obtain the benefit of a Voucher;
(c)the Applicant has failed to comply with its obligations under clause 3(b) or clause 4(a); or
(d)DELWP is permitted to void the Voucher under the terms and conditions contained in the Supplier Application Form, the Letter of Offer or the Voucher.
7.2ACKNOWLEDGEMENT
If DELWP terminates these General Terms of Grant and voids the Letter of Offer and Voucher under clause 7.1 the Applicant acknowledges and agrees that:
(a)DELWP will have no obligation to pay any part of the Approved Amount to the REC, including where the termination occurs after the REC has commenced or completed the Works; and
(b)as between DELWP and the Applicant, the Applicant will be solely responsible for any costs and expenses associated with the performance of the Works.
7.3ACCRUED RIGHTS AND REMEDIES
Termination of these General Terms of Grant and voiding of the Letter of Offer and Voucher under this clause 7 does not affect any accrued rights or remedies of either Party.
- OBLIGATION TO REPAY DELWP
If DELWP is of the reasonable opinion that the Applicant has:
(a)provided false or misleading information in its Application Form;
(b)has participated in the PRF Program in a dishonest or fraudulent manner or has otherwise colluded with the REC to obtain the benefit of a Voucher after any part of the Approved Amount has been paid by DELWP to the REC; or
(c)has failed to comply with its obligations under clause 3(b) or clause 4(a),
DELWP may direct the Applicant, and the Applicant agrees to pay to DELWP within 5 Business Days after receipt of DELWP’s direction, the Approved Amount, or a portion of the Approved Amount, as DELWP considers appropriate.
- NOTICES AND OTHER COMMUNICATIONS
- SERVICE OF NOTICES
A notice, direction, demand, consent, approval or communication under this agreement (Notice) must be:
(a)in writing, in English and signed by a person duly authorised by the sender; and
(b)hand delivered, sent by prepaid post or transmitted by facsimile or electronic mail (email) to the recipient's address for Notices specified:
(i)in the case of DELWP, in the Application Guidelines and Terms of Participation; and
(ii)in the case of the Applicant, in its Application Form,
as varied by any Notice given by the recipient to the sender.
9.2EFFECTIVE ON RECEIPT
A Notice given in accordance with clause 9.1 takes effect when taken to be received (or at a later time specified in it), and is taken to be received:
(a)if hand delivered, on delivery;
(b)if sent by prepaid post, at 9.00am on the second Business Day after the date of posting if sent within Australia or on the seventh Business Day after the date of posting if sent to or from a place outside Australia; or
(c)if sent by email, when the sender's email system generates a report indicating the sender's date, time and transmission to the recipient's email address,
but if the delivery, receipt or transmission is not on a Business Day or is after 5.00pm on a Business Day, the Notice is taken to be received at 9.00am on the next Business Day.
- GENERAL
- DISPUTES
The Parties agree to resolve any disputes in good faith.
10.2RELATIONSHIP
These General Terms of Grant, the Letter of Offer and the issue of the Voucher to the REC for the benefit of the Applicant does not create a relationship of employment, agency or partnership between the Parties.
10.3SUBCONTRACTORS AND ASSIGNMENT
(a)The Applicant must not subcontract to any person the performance of any of its obligations under these General Terms of Grant, the Letter of Offer or the Voucher without the prior written approval of DELWP, which DELWP may in its absolute discretion withhold.
(b)The Applicant must not assign any right under these General Terms of Grant, the Letter of Offer or the Voucher without the prior written approval of DELWP, which DELWP may in its absolute discretion withhold.
10.4GOVERNING LAW
These General Terms of Grant, the Letter of Offer and the Voucher are governed by, and must be construed in accordance with, the laws in force in Victoria. Each Party irrevocably and unconditionally submits to the nonexclusive jurisdiction of the courts of the State of Victoria.
10.5SURVIVAL
Clauses 1, 4, 5, 6, 7.2, 7.3, 8, 9, 10.2, 10.4, 10.6, 10.7, 10.8, 10.10 and this clause 10.5 survive the termination or expiry of these General Terms of Grant, the Letter of Offer and the Voucher.
10.6SEVERABILITY
Part or all of any provision of these General Terms of Grant, the Letter of Offer or the Voucher that is illegal or unenforceable may be severed from these General Terms of Grant, the Letter of Offer or the Voucher (as applicable) and the remaining provisions of these General Terms of Grant, the Letter of Offer and the Voucher continue in force.
10.7WAIVER
Waiver of any provision of or right under these General Terms of Grant, the Letter of Offer or the Voucher:
(a)must be in writing signed by the Party entitled to the benefit of that provision or right; and
(b)is effective only to the extent set out in any written waiver.
10.8ENTIRE AGREEMENT
These General Terms of Grant, the Letter of Offer and the Voucher:
(a)constitute the entire agreement between the Parties as to their subject matter; and
(b)in relation to that subject matter, supersede any prior understanding or agreement between the Parties and any prior condition, warranty, indemnity or representation imposed, given or made by a Party.
10.9VARIATION
These General Terms of Grant, the Letter of Offer and the Voucher may only be varied by agreement in writing by both Parties.
10.10INCONSISTENCY
Where there is any inconsistency between the terms and conditions in:
(a)these General Terms of Grant and the Voucher, the terms and conditions contained in the Voucher will prevail to the extent of the inconsistency;
(b)these General Terms of Grant and the Letter of Offer, the terms and conditions contained in the Letter of Offer will prevail to the extent of the inconsistency;
(c)the Letter of Offer and the Voucher, the terms and conditions contained in the Letter of Offer will prevail to the extent of the inconsistency; and
(d)in these General Terms of Grant and the Application Guidelines and Terms of Participation, the terms and conditions contained in these General Terms of Grant will prevail to the extent of the inconsistency.
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