POEL - Application Guidelines and Terms of Participation ... Web viewApplication Guidelines and Terms of Participation. ... sites for the purposes of such assessment and ... POEL -

APPLICATION GUIDELINES AND TERMS OF PARTICIPATION

FOR REPLACEMENT OF

PRIVATE OVERHEAD ELECTRIC LINES

Powerline Replacement Fund

Powerline Bushfire Safety Program

Department of Environment, Land, Water and Planning

Last updated: 06 June 2017

HOW TO LODGE YOUR APPLICATION:

HOW TO CONTACT US:

Email (preferred): [email protected]

Mail: Project Manager - Powerline Replacement FundDepartment of Environment, Land, Water and PlanningGPO Box 4509Melbourne Victoria 3001

Phone: (03) 9412 4566

Web: https://www.energy.vic.gov.au/electricity/powerline-replacement-fund

2

CONTENTS

PART 1: BACKGROUND AND CONTEXT...............................................................................................4

1.1 OVERVIEW......................................................................................................................................4

1.2 BACKGROUND................................................................................................................................4

1.3 STAGED APPROACH.......................................................................................................................4

1.4 POWERLINE IDENTIFICATION.........................................................................................................4

1.5 OTHER REGULATORY OBLIGATIONS..............................................................................................4

1.6 INDICATIVE TIMELINE....................................................................................................................5

1.7 ELECTRONIC VERSIONS OF DOCUMENTATION..............................................................................6

PART 2: ELIGIBILITY CRITERIA.............................................................................................................7

2.1 ELIGIBILITY CRITERIA................................................................................................................7

PART 3: SCOPE OF GRANT..................................................................................................................7

3.1 INCLUSIONS....................................................................................................................................7

3.2 EXCLUSIONS...................................................................................................................................8

PART 4: PROCESS OVERVIEW.............................................................................................................8

4.1 APPLICANT MUST SEEK A MINIMUM OF TWO QUOTES FROM RECS...........................................8

4.1A CERTAIN APPLICANTS TO OBTAIN EXEMPTION FROM ESV........................................................9

4.2 APPLICANT TO SUBMIT MATERIALS TO DELWP............................................................................9

PART 5: TERMS OF PARTICIPATION..................................................................................................13

5.1 CONFIDENTIALITY AND PRIVACY.................................................................................................13

5.2 OWNERSHIP.................................................................................................................................13

5.3 COMMUNICATIONS.....................................................................................................................13

5.4 CONFLICT OF INTEREST AND COLLUSION....................................................................................13

5.5 TERMINATION OR ALTERATION OF APPLICATION PROCESS.......................................................13

5.6 APPLICATION DOCUMENTS FOR APPLICANTS AND SUPPLIERS..................................................13

5.7 METHOD OF LODGEMENT............................................................................................................15

5.8 LATE APPLICATIONS OR FUNDING REQUESTS.............................................................................15

5.9 COSTS...........................................................................................................................................15

5.10 EVALUATION OF POEL OWNER APPLICATION FORMS (INCLUDING ATTACHMENTS) AND SUPPLIER APPLICATION FORM..........................................................................................................15

5.11 CHANGE IN CIRCUMSTANCE......................................................................................................15

5.12 GOVERNING LAW.......................................................................................................................15

GLOSSARY ………………………………………………………………………………………………………………………………………….16

3

PART 1: BACKGROUND AND CONTEXT1.1 OVERVIEWThese Application Guidelines and Terms of Participation have been issued for the Powerline Replacement Fund program (PRF Program). The Victorian Government, through its Department of Environment, Land, Water and Planning (DELWP), will provide funding assistance for eligible owners of uninsulated private overhead electric lines (POELs) located in specified local government areas to underground or otherwise replace their POELs under the terms and conditions outlined in this document.

1.2 BACKGROUND On 7 February 2009 Victoria suffered the deadliest bushfires in its history. The subsequent Victorian Bushfires Royal Commission found that uninsulated overhead powerlines were the cause of many of these fires, and recommended that Victorian Government contribute towards the cost of replacing these lines, starting in highest priority areas. These findings were corroborated by a subsequent Powerline Bushfire Safety Taskforce in September 2011, which made its own more detailed recommendations to the Victorian Government on how best to reduce bushfire risk from powerlines.

In December 2011 the Victorian Government pledged to act on the Victorian Bushfires Royal Commission and Powerline Bushfire Safety Taskforce recommendations by committing up to $200 million to the 10 year PRF Program.

The PRF program consists of two streams of work; one addresses the high voltage powerlines owned and managed by one of the distribution companies, and the second addresses the POEL on a private property that is the responsibility of the owner.

1.3 POWERLINE IDENTIFICATION The electricity distribution businesses, Powercor (Western Victoria) and AusNet Services (Eastern Victoria) have identified properties in the relevant local government areas which have uninsulated POELs.

1.4 OTHER REGULATORY OBLIGATIONS Since 1984, owners of POELs have been required to put them underground on a new and replacement basis, at their own cost. Replacement is required where more than 20% of the poles or lines that need to be reconstructed as determined by the relevant electricity distributor in the course of 3-yearly inspections. These existing regulatory obligations still apply regardless of the rollout of the PRF Program. Consequently, POEL owners should be aware that funding assistance under the PRF Program is only available for a limited time and if POEL owners choose not to apply for funding assistance under the PRF Program, they may be obligated in the future to underground their POELs at their own expense.

If a POEL owner is issued with a notice from their distributor requiring their POEL to be placed underground, the following funding amounts will be applicable.

If the POEL has already been undergrounded, or if an arrangement has already been entered into with a REC to perform the works, the POEL owner will not be eligible for any funding under the PRF program. This will be applied if the electronic works request raised by the REC is done prior to PRF receipt of the POEL owner application form.

If an urgent defect notice which triggers the application of regulation 220(1) of the Electricity Safety (Installations) Regulations 2009 (Vic) (Urgent Defect Notice) has been issued at any time prior to PRF receipt of the POEL owner application form, the POEL owner will be eligible for 50% of the cost of undergrounding the POEL. Regulation 220(1) provides that 'a private aerial line that is to be substantially reconstructed in a hazardous bushfire risk area must be placed underground'.

4

If an Urgent Defect Notice has been issued after PRF receipt of the POEL owner application form, the POEL owner will be eligible for 100% of the funding.

1.5 INDICATIVE PROCESS The process below sets out the general process for obtaining funding under the PRF Program.

Action Responsibility

Invitations issued to POEL owners to apply to participate in PRF Program DELWP

Submission of POEL Owner Application Form POEL Applicant

Submission of Supplier Application Form and Quote Supplier

Conformance review & issue of Voucher to Supplier

If successful, Applicant is issued a Letter of Offer, and the Supplier is issued with a Voucher for the benefit of the Applicant

DELWP

Supplier to undertake and complete works

Works, according to Voucher completed. Applicant issued with a Certificate of Electrical Safety (CoES)

Supplier

Applicant to sign Voucher

Applicant signs the Voucher to agree that works have been completed satisfactorily

POEL Applicant & Supplier

Supplier to sign Voucher, CoES and invoice to DELWP to receive payment

Supplier countersigns the Voucher and submits it to DELWP along with a valid tax invoice for the works, and a copy of the Certificate of Electrical Safety.

The invoice must be addressed to DELWP, not the Applicant.

Supplier

All stages

For all vouchers issued for all stages of the PRF project, the undergrounding works must be completed and the Department has received the invoice for payment

DELWP pays Supplier after 30 days of date on invoice and upon valid redemption of Voucher and receipt of copy of the Certificate of Electrical Safety.

DELWP

1.6 ELECTRONIC VERSIONS OF DOCUMENTATION The following documentation in relation to the PRF Program is available for potential Applicants and RECs to access online at https://www.energy.vic.gov.au/electricity/powerline-replacement-fund:

Application Guidelines and Terms of Participation; General Terms of Grant for POEL; POEL Owner Application Form; Step-by-step guide for owners of Private Overhead Electric Lines; Backgrounder for owners of Private Overhead Electric Lines; Supplier Application Form (for Registered Electrical Contractors or RECs);

5

REC quote template; Backgrounder for RECs; and Step-by-step guide for RECs - provides a high level summary of the process for REC participation in the PRF

Program.

A potential Applicant or REC can obtain a hard copy version of any of the above mentioned documents by contacting the Project Manager (see the contact details specified on page 2 above).

PART 2: ELIGIBILITY CRITERIA2.1 ELIGIBILITY CRITERIAIn the PRF Program, the Victorian Government will provide funding assistance for eligible owners of POELs.

Subject to the below paragraphs in this Part 2.1, to be eligible Applicants must be owners of a POEL which:

is currently in active use (ie the POEL must not be disconnected). If the POEL is disconnected, the POEL owner will not be eligible for funding assistance unless the POEL has been reconnected for ongoing active use;

is overhead and uninsulated (that is a span, or part there-of, is bare wire); is located in one of the PRF local government areas listed in Part 1.3 above. And is located in a High Bushfire Risk Area as designated by the Country Fire Authority.

If, at any time up to PRF receipt of the POEL owner application, a POEL owner is issued with a notice from their distributor requiring that their POEL be placed underground, the POEL owner will only be eligible for limited funding under the PRF Program of 50% of the cost of undergrounding the POEL (or in exceptional circumstances, insulating the POEL) in accordance with the scope of the grant in Part 3 below. The POEL owner must declare on the POEL Owner Application Form if it has received such a notice from its distributor.

A POEL owner who has already undergrounded or insulated (as applicable) their POEL is not retrospectively eligible for funding under the PRF Program. A POEL owner will be deemed to have already undergrounded or insulated (as applicable) their POEL at the point in time where the POEL owner has contracted with a REC to perform the relevant works (as determined by the date that an electronic works request with the relevant distribution business has been raised).

PART 3: SCOPE OF GRANT 3.1 INCLUSIONSGrants under the PRF Program will be awarded in the form of non-transferable vouchers, issued for the benefit of the Applicant to the Supplier selected to perform the works after a value for money assessment.

Grants are restricted to capital improvements, comprising:

a. the cost of removing an existing uninsulated POEL and replacing it with an underground powerline;

b. where the existing uninsulated POEL is a sub-circuit, either replacing it with an underground powerline or insulated POEL; or

c. where an exemption from the requirements of regulation 220 of the Regulations is granted by ESV under regulation 401 of the Regulations, the cost of removing an existing uninsulated POEL and replacing it with an insulated POEL as approved by ESV to reduce bushfire risk.

Regarding item c above, an exemption from the requirement to underground the POEL may be granted by ESV in exceptional circumstances (eg where there is untrenchable ground). In such circumstances, ESV may allow the installation of an insulated overhead powerline instead.

6

Electrical works must be undertaken by a REC registered by ESV. Works of this nature must also be inspected by an electrical inspector licensed by ESV to inspect the works (Licensed Electrical Inspector or LEI). De- and re-energisation of the powerline will be done by the relevant electricity distributor. These additional contractual relationships should be managed by the REC as part of their quote. DELWP will have no involvement in such arrangements or in assisting the Applicant or the REC to organise such matters.

Grants will be awarded on a GST inclusive basis and will be based on the quote submitted to DELWP which, in DELWP's opinion, represents the best value for money of undergrounding or insulating the POEL to meet the requirements set out in item a or item b above (as applicable) and the objectives of the PRF Program.

3.2 EXCLUSIONSThe scope of the grant is limited to undergrounding (including site remediation works directly related to undergrounding) or insulating the POEL to meet the requirements set out in item a or item b (as applicable) of Part 3.1 above and the objectives of the PRF Program and does not extend to any augmentation works.

Augmentation works are taken to mean any works reasonably outside the capacity of the existing overhead supply, such as an increase in power rating, increase in the number of service points or a longer underground cable run that cannot be justified. The PRF will only meet the costs associated with removing the fire hazard, and any costs associated with upgrades to the supply will be met by the Applicant.

If there are other works required to remedy non-compliance with existing regulatory requirements that are necessary to enable the proper undergrounding, insulation or initial operation of the POEL, DELWP may determine whether such works will fall within the scope of the grant in its absolute discretion.

The scope of the grant does not extend to relocation underground of other utilities (eg telephone, data etc) using existing poles.

Costs associated with ongoing operation, maintenance and any future capital works or improvements (including replacement of the powerline) exceed the scope of the grant and are to be met by the Applicant.

Costs charged by a REC in excess of the value of the grant, as advised by DELWP and specified in the Voucher, will not be met by Government and are the Applicant's responsibility.

Accordingly, Applicants should ensure that the quote they are given by their selected RECs covers site remediation works directly related to undergrounding the POEL. To the extent such remediation works are not included in the quote, they will fall outside the scope of the grant and will be the Applicant's responsibility.

PART 4: PROCESS OVERVIEWThis section outlines the key steps in the PRF Program process. Both Applicants (ie POEL owners) and Suppliers (ie RECs) must meet their responsibilities as set out in this Part 4.

4.1 APPLICANT MUST SEEK QUOTES FROM A MINIMUM OF TWO RECSApplicants will need to obtain quotes from a minimum of two RECs for the performance of the works. A list of RECs is available from www.esv.vic.gov.au and a list of RECs already registered for the program will be provided to Applicants in the initial invite and upon request. Applicants are free to select the RECs from whom they wish to obtain quotes from. Note that RECs will also need to agree to participate in the PRF Program by submitting a Supplier Application Form (see Part 4.4 below). [Previously registered RECs will not be required to re-submit].

Quotes must be inclusive of all costs associated with satisfying the requirements set out in:

items a and b of Part 3.1; or item c of Part 3.1 (where it is already known or discovered during the quote process that an Energy Safe

Victoria exemption from the requirement to underground needs to be obtained).

7

Quotes must not be for services that exceed the scope of the grant as set out in Part 3.2 above.

A quote template is available at https://www.energy.vic.gov.au/electricity/powerline-replacement-fund which sets out all information that must be included from RECs for the undergrounding of a POEL.

Where item b of Part 3.1 applies (ie an exemption from the requirement to underground the POEL has been granted by Energy Safe Victoria), RECs will need to amend the Quote Template to the extent necessary to reflect overhead insulation works instead. RECs must also promptly notify the Program Manager of the need to perform overhead insulation works. The Program Manager will then advise the REC of any additional information required to be included in quotes for overhead insulation.

RECs may either prepare their quotes:

using the Quote Template (DELWP preferred approach); or in another form, provided that all information required and statements contained in the Quote Template

appear clearly in the quote.

A quote which does not address the matters specified in the Quote Template or as otherwise advised by DELWP may be regarded as invalid resulting in the Applicant's funding application being rejected.

4.1A CERTAIN APPLICANTS TO OBTAIN EXEMPTION FROM ESVWhere the Applicant already knows or discovers during the quote process that undergrounding the POEL is not feasible in the circumstances, the Applicant must where required, obtain an exemption from ESV to obtain funding for the insulation of the POEL instead (ie as provided for under item b of Part 3.1).

If this Part 4.1A is relevant to an Applicant, that Applicant must notify the Program Manager specified on page 2 of this document.

The Applicant should note that DELWP is only able to play a facilitation role and cannot have any involvement in relation to ESV's decision to grant or refuse the Applicant an exemption under regulation 401 of the Regulations.

4.2 APPLICANT TO SUBMIT MATERIALS TO DELWPThe Applicant must complete, sign and submit the POEL Owner Application Form to DELWP.

If Part 4.1A applies, the exemption from ESV from the requirement to underground the POEL and permitting the Applicant to insulate the POEL instead must be attached to POEL Owner Application Form.

A minimum of two quotes which comply with the Quote Template and Part 4.1 above must also be submitted to DELWP. Quotes should be posted or emailed by the RECs directly to DELWP's postal or email address (as applicable) as specified on page 2 of this document.

Where competing quotes are for the undergrounding of a short overhead bare-wire sub-circuit, DELWP reserves the right to request a new quote for the replacement of the sub-circuit with an overhead insulated service, where it is feasible and preferable to do so.

DELWP may request additional information and/or a site visit to the Applicant's property before proceeding with the award of a grant to the Applicant.

The purpose of a request for further information or the conduct of a site visit is to ensure that the quotes submitted to DELWP represent the best value for money of undergrounding or insulating (as applicable) the POEL to meet the requirements set out in item b of Part 3.1 and the objectives of the PRF Program.

The department or it authorised representative may, at its absolute discretion, visit to verity the reasonableness of the recommended quotation (and / or any variation) before or after approving commencement of works and that the POEL owner will reasonably allow such inspection access.

The Applicant agrees to grant DELWP (or any person authorised by DELWP) access, and procure that any relevant third party grants access (where applicable) to the Applicant's property and any other site where works are proposed to be

8

undertaken and provide all reasonable assistance to DELWP for the purposes of DELWP verifying quotes as contemplated in this Part 4.2.

Any questions in relation to the application process or completion of the POEL Owner Application Form should be submitted by email to [email protected].

4.3 SUPPLIER TO SUBMIT SUPPLIER APPLICATION FORM TO DELWP

To participate in the PRF Program, RECs must apply and be accepted by DELWP as a Supplier. This involves completing, signing and submitting the Supplier Application Form to DELWP.

The purpose of the Supplier Application Form is to:

obtain basic information needed to ensure the party in question is in fact a Registered Electrical Contractor; obtain sufficient details about the Supplier to enable subsequent payment upon valid redemption of a

Voucher to DELWP; and obtain the Supplier’s acceptance to the terms and conditions applicable to the use and redemption of a

Voucher and use of the Supplier's details in the PRF Program 'Supplier List'.

See the Supplier Application Form for more details.

4.4 ISSUE OF ACCEPTANCE MATERIALS

If DELWP considers that all materials submitted to it by the Applicant and the relevant Suppliers conform with PRF Program requirements, DELWP will issue a Letter of Offer to the POEL owner and a Voucher to the Supplier for the benefit of the Applicant, signed by the Program Director, which will authorise government funding of the POEL works on the Applicants property by the Supplier subject to the General Terms of Grant and any other terms and conditions specified in the Letter of Offer or Voucher.

The General Terms of Grant for POEL Owners will take effect upon the issue of the Letter of Offer to the Applicant. The General Terms of Grant for POEL Owners set out the terms and conditions that apply to successful Applicants who are awarded funding under the PRF Program and are accessible at https://www.energy.vic.gov.au/electricity/powerline-replacement-fund . As stated in Part 1.7 above, a hard copy version of the General Terms of Grant for POEL Owners can be obtained from DELWP on request.

Applicants should note that DELWP will have no obligation to pay a Voucher that has expired or has been voided by DELWP in accordance with the General Terms of Grant for POEL Owners or the terms and conditions set out in the Supplier Application Form. Depending on the circumstances associated with the expiry or voiding of a Voucher, the Supplier may have a claim against the Applicant for works performed.

4.5 SUCCESSFUL SUPPLIER AND APPLICANT TO ENGAGE FOR PERFORMANCE OF THE WORKS

Upon issue of a Voucher by DELWP to the Supplier for the benefit of the Applicant, the Supplier and Applicant must immediately initiate contact with each other to arrange for commencement of the works as specified on the Voucher.

Upon completion of the works, the Supplier must issue the Applicant with a Certificate of Electrical Safety and lodge a copy of it with ESV.

Upon receipt of the Certificate of Electrical Safety from the Supplier, the Applicant will need to sign the Voucher indicating that the works have been completed.

4.5A DISCOVERY DURING PERFORMANCE OF WORKS THAT UNDERGROUNDING IS NOT FEASIBLE

If, during the performance of the works specified on the Voucher, it is discovered that undergrounding of the POEL is not feasible (e.g. due to untrenchable ground), the Applicant or Supplier must:

immediately notify the Project Manager; and

9

promptly obtain and submit to DELWP an ESV exemption from the requirement to underground the POEL and an updated quote from the REC for the insulation of the POEL instead.

Upon prompt receipt of the ESV exemption and updated quote, DELWP will issue a replacement Voucher to the Supplier for the benefit of the Applicant for the changed works and cost. Unless otherwise agreed by DELWP, the expiry date of the replacement Voucher will be the same as under the original Voucher.

4.6 SUPPLIER TO REDEEM VOUCHER WITH DELWP

Upon the Applicant signing the Voucher, the Supplier must also sign the Voucher. To redeem the Voucher, the Supplier must provide to DELWP the following:

the Voucher signed by the POEL applicant and the Supplier; a copy of the Certificate of Electrical Safety; a valid tax invoice made out to DELWP (not the Applicant) which matches the value of the Voucher (inclusive

of GST); and any other information relating to the Works or the Supplier as reasonably requested by DELWP.

4.7 DELWP TO PAY SUPPLIER UPON VALID REDEMPTION OF VOUCHER

Upon receipt of all documentation required to redeem the Voucher from the Supplier, DELWP will undertake a final conformance check to ensure that all PRF Program requirements have been met.

The Supplier should note that DELWP may inspect the Applicant's property for the purpose of ensuring that the works have been completed to DELWP's satisfaction.

DELWP will pay the Supplier the amount specified on the Voucher (inclusive of GST) within 30 days after DELWP has completed and approved the final conformance process.

10

PART 5: TERMS OF PARTICIPATIONApplicants and Suppliers must meet their responsibilities as set out in this Part 5.

5.1 CONFIDENTIALITY AND PRIVACYAny personal information which DELWP collects as part of the application process will be handled in accordance with the Information Privacy Act 2000 (Vic).

5.2 OWNERSHIPAll documents submitted by Applicants and Suppliers in connection with the application process become the property of DELWP on submission.

These Application Guidelines and Terms of Participation and any supporting material provided by or on behalf of DELWP is, and shall remain, the property of DELWP.

5.3 COMMUNICATIONSPublic communications or statements in relation to applying for funding under the PRF Program or participating in the PRF Program are to be co-ordinated with and approved by DELWP.

5.4 CONFLICT OF INTEREST AND COLLUSIONAn Applicant must declare if they have any personal or business relationship with a Supplier who the Applicant has sought and obtained a quote from. Similarly, a Supplier must declare if they have any personal or business relationship with an Applicant who has been issued a quote from the Supplier.

Each Applicant and Supplier warrants and agrees that it is in all respects independent and that no collusion has taken place or will take place between the Applicant or Supplier (as applicable) and any other Applicant, Supplier or interested party in connection with the application process.

5.5 TERMINATION OR ALTERATION OF APPLICATION PROCESSDELWP may terminate the application process or PRF Program, or alter the application process or the scope of the PRF Program, in its absolute discretion.

DELWP does not bind itself, and each Applicant and Supplier agrees that DELWP is not bound, to accept any POEL Owner Application Form (including any quote) or Supplier Application Form.

5.6 APPLICATION DOCUMENTS FOR APPLICANTS AND SUPPLIERSA separate POEL Owner Application Form and quotes must be submitted for each property for which funding under the PRF Program is being sought.

By submitting to DELWP a POEL Owner Application Form, submitting or authorising RECs to submit quotes directly to DELWP and submitting to DELWP a copy of an exemption from Energy Safe Victoria (if applicable) (Application), the Applicant or an authorised representative of the Applicant (where the Applicant is not an individual):

warrants the truth and accuracy of all information contained in the Application;

warrants that it has read and understood the General Terms of Grant for POEL Owners and Application Guidelines and Terms of Participation;

acknowledges and agrees that the Applicant is bound by the terms and conditions in the General Terms of Grant for POEL Owners (if issued a Letter of Offer, including if a Voucher from DELWP is issued to the Supplier for the benefit of the Applicant) and these Application Guidelines and Terms of Participation;

acknowledges and agrees that DELWP may amend the terms and conditions of the General Terms of Grant for POEL Owners, or include additional terms and conditions, in the Letter of Offer and/or Voucher as a result of information received during or in connection with the application process (including information received in the Applicant's POEL Owner Application Form, quotes and the Supplier's Supplier Application Form); and

11

where the Applicant is not an individual, warrants that it is authorised by the Applicant to submit the POEL Owner Application Form and that, by so submitting the POEL Owner Application Form, the Applicant is bound by it.

By submitting to DELWP a Supplier Application Form and any quote, the Supplier or an authorised representative of the Supplier (where the Supplier is not an individual):

warrants the truth and accuracy of all information contained in its Supplier Application Form and any quote issued in connection with the PRF Program;

warrants that the Applicant to which each quote submitted by the Supplier relates has authorised the Supplier to submit the quote to DELWP as part of the PRF Program;

warrants that the Supplier:

o is of reputable standing;

o has provided, or will provide, quotes in relation to the PRF Program for services to Applicants at market rates;

o has not colluded, and will not collude, with an Applicant or another supplier or REC to obtain a Voucher or to secure an Approved Amount that is higher than the market rate for performance of the works;

o is committed to performing the works quoted to Applicant(s) in respect of the PRF Program and specified in a Voucher within a reasonable period of time as agreed with the relevant Applicant;

o has sufficient funds to undertake the works quoted to Applicant(s) in respect of the PRF Program and specified in a Voucher, and is in a position to financially manage terms of payment of at least 30 days from valid redemption of the Voucher before it receives payment from DELWP of the Approved Amount; and

o is not currently involved in litigation with the State of Victoria;

acknowledges and agrees that it is bound by the terms and conditions contained in the Supplier Application Form and these Application Guidelines and Terms of Participation;

acknowledges and agrees that DELWP may include additional terms and conditions in the Voucher as a result of information received during or in connection with the application process (including information received in the Supplier's Supplier Application Form, any POEL Owner Application Form and any associated documents (eg quotes); and

where the Supplier is not an individual, warrants that it is authorised by the Supplier to submit the Supplier Application Form and that, by so submitting the Supplier Application Form, the Supplier is bound by it.

The terms and conditions contained in the Supplier Application Form relate to the Supplier's use and redemption of a Voucher and use of the Supplier's details in the PRF Program 'Supplier List'. See the Supplier Application Form for further details.

The Applicant and Supplier must ensure its POEL Owner Application Form, the quotes and its Supplier Application Form (as applicable) contains the attachments, documents, information and details required under these Application Guidelines and Terms of Participation and any documents necessary to make the POEL Owner Application Form, quotes or Supplier Application Form (as applicable) complete and enable assessment by DELWP.

Applicants and Suppliers must provide any additional information requested by DELWP for the purposes of confirming, assessing and evaluating a POEL Owner Application Form, quotes or Supplier Application Form within such reasonable time period as may be specified by DELWP. Such additional information will be deemed to comprise part of the Applicant's POEL Owner Application Form or Supplier's Supplier Application Form (as applicable). DELWP also has the right to inspect the Applicant's property and any other relevant sites for the purposes of such assessment and evaluation, as set out in Part 4.2.

12

DELWP may, in its absolute discretion, require or allow an Applicant or Supplier to amend, alter or otherwise change its POEL Owner Application Form, quotes or Supplier Application Form (as applicable), and any other associated documentation, at any time during the application process. DELWP may seek advice from an independent expert in making its assessments and make documents received from the POEL Owner and RECs for that purpose.

5.7 METHOD OF LODGEMENTApplicants and Suppliers may submit their completed POEL Owner Application Form (including ESV exemption from the requirement to underground the POEL, if applicable) or Supplier Application Form (as applicable) by sending the completed forms to DELWP's address as specified on page 2 of this document.

A minimum of two quotes which comply with the Quote Template and Part 4.1 above must be submitted in accordance with Part 4.2 above.

5.8 LATE APPLICATIONS OR FUNDING REQUESTSDELWP may accept or reject any POEL Owner Application Form or Supplier Application Form (as applicable) received after the Closing Time on the Closing Date in its absolute discretion (including where quotes are received after the Closing Time on the Closing Date).

5.9 COSTSUnless otherwise agreed, DELWP is not liable for any costs, expenses, losses, claims or damages that may be incurred by Applicants or Suppliers in connection with the application process or participation in the PRF Program, including in preparing or submitting a POEL Owner Application Form, quotes, Supplier Application Form or other PRF Program associated documentation (as applicable), providing further information to DELWP or persons engaged by DELWP, assisting in any site visits conducted by DELWP or participating in discussions (if any) with DELWP.

5.10 EVALUATION OF POEL OWNER APPLICATION FORMS (INCLUDING ATTACHMENTS) AND SUPPLIER APPLICATION FORMThe assessment of POEL Owner Application Forms, quotes and Supplier Application Forms will be undertaken as a matter of priority but no undertaking will be given as to the time by which any decision may be made.

5.11 CHANGE IN CIRCUMSTANCEThe Applicant or Supplier (as applicable) must inform the Department promptly (and in writing if requested by DELWP) of any material change to any of the information contained in its POEL Owner Application Form, quotes or Supplier Application Form (as applicable), and any material change in circumstances that may affect the truth, completeness or accuracy of any of the information provided in, or in connection with such documentation.

5.12 GOVERNING LAWThis document shall be governed by the laws of the State of Victoria. Each Applicant and Supplier irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Victoria, Australia.

13

GLOSSARY

Applicant A person or organisation that submits a POEL Owner Application Form

Application Guidelines and Terms of Participation

This document, also available online at https://www.energy.vic.gov.au/electricity/powerline-replacement-fund

DELWP Department of Environment, Land, Water and Planning

ESV Energy Safe Victoria

General Terms of Grant for POEL Owners

The document titled 'General Terms of Grant for POEL Owners', also available online at https://www.energy.vic.gov.au/electricity/powerline-replacement-fund

Letter of Offer A letter from DELWP to the Applicant notifying the Applicant that its application for funding assistance under the PRF Program is successful and the details of the award of funding. The Letter of Offer will also attach a copy of the Voucher issued to the Supplier for the benefit of the Applicant.

POEL Private Overhead Electric Line

POEL Owner Application Form

The document titled 'POEL Owner Application Form', also available online at https://www.energy.vic.gov.au/electricity/powerline-replacement-fund

PRF Powerline Replacement Fund

Quote Template The document entitled ‘REC Quote Template’, also available online at https://www.energy.vic.gov.au/electricity/powerline-replacement-fund

REC Registered Electrical Contractor

Regulations Electricity Safety (Installations) Regulations 2009

Supplier A REC who submits a Supplier Application Form

Supplier Application Form

The document titled 'Supplier Application Form', also available online at https://www.energy.vic.gov.au/electricity/powerline-replacement-fund

Urgent Defect Notice

A notice which is marked “urgent” and which triggers the application of regulation 220(1) of the Electricity Safety (Installations) Regulations 2009 (Vic). Regulation 220(1) provides that 'a private aerial line that is to be substantially reconstructed in a hazardous bushfire risk area must be placed underground'.

Voucher A voucher issued to a Supplier for the benefit of the Applicant which is to be used for the purposes of the Applicant engaging the Supplier specified in the voucher to perform the works specified in the voucher and which is to be redeemed by the Supplier for payment by DELWP in accordance with the requirements of these Application Guidelines and Terms of Participation, the General Terms of Grant for POEL Owners and the declaration component of the Supplier Application Form

14