GENERAL TERMS OF GRANT FOR PRIVATE OVERHEAD
ELECTRIC LINE OWNERS
Powerline Replacement Fund
Powerline Bushfire Safety Program
Department of Economic Development, Jobs, Transport and
Resources
DOC/15/248267
Last updated: 26 October 2015
Table of Contents
1.
DEFINITIONS AND INTERPRETATION ................................................................................... 3
2.
TERM OF GENERAL TERMS OF GRANT, LETTER OF OFFER AND VOUCHER ............................. 4
3.
OBLIGATION TO ENGAGE REC TO PERFORM THE WORKS .................................................... 4
4.
INSPECTION AND RECORD KEEPING .................................................................................... 5
5.
ACKNOWLEDGEMENTS....................................................................................................... 5
6.
LIABILITY AND INDEMNITY ................................................................................................. 6
7.
TERMINATION ................................................................................................................... 6
8.
OBLIGATION TO REPAY DEDJTR .......................................................................................... 7
9.
NOTICES AND OTHER COMMUNICATIONS .......................................................................... 7
10.
GENERAL ........................................................................................................................... 8
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1.
DEFINITIONS AND INTERPRETATION
1.1
DEFINITIONS
The following definitions apply in these General Terms of Grant.
"Applicant" means a person who completes and submits a POEL Application Form to DEDJTR and is
subsequently issued a Letter of Offer.
"Application Form" means the document titled 'Application Form for POEL Owners' provided by DEDJTR to
the Applicant.
"Application Guidelines and Terms of Participation" means the document titled 'Application Guidelines
and Terms of Participation' provided by DEDJTR to the Applicant in respect of all stages of the PRF
Program.
"Approved Amount" means the amount approved by DEDJTR 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).
"DEDJTR" means the Victorian Department of Economic Development, Jobs, Transport and Resources
"Expiry Date" means the date specified in the Voucher unless otherwise extended in writing by DEDJTR in
its absolute discretion.
"General Terms of Grant" means this document.
"Letter of Offer" means the letter from DEDJTR 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 DEDJTR and the Applicant and "Parties" means both DEDJTR 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 DEDJTR.
"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.
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1.2
INTERPRETATION
In these General Terms of Grant, except where the context otherwise requires:
1.3
(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, re-enactments 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.
HEADINGS
Headings are for ease of reference only and do not affect interpretation.
2.
3.
TERM OF GENERAL TERMS OF GRANT, LETTER OF OFFER AND VOUCHER
(a)
In consideration of DEDJTR 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 the Voucher take effect on the date the Applicant is issued the Letter of Offer by
DEDJTR 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 DEDJTR.
(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:
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4.
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)
5.
(i)
For the purposes of verifying that the Works have been completed to DEDJTR's satisfaction,
DEDJTR (or any person authorised by DEDJTR) 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 DEDJTR for the purposes of DEDJTR exercising its
rights under this clause 4(a).
ACKNOWLEDGEMENTS
The Applicant acknowledges and agrees that:
(a)
the REC has been nominated to DEDJTR 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 DEDJTR has not in any way
influenced the Applicant's nomination to DEDJTR 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 DEDJTR will not be deemed to be a party to such an agreement;
(c)
DEDJTR 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 DEDJTR and can only be
redeemed by the REC for payment by DEDJTR of the Approved Amount upon completion of
the Works and provision to DEDJTR of relevant documentation to the satisfaction of DEDJTR
(including the documentation and evidence set out in clause 3(b));
(e)
DEDJTR is under no obligation to provide more than the Approved Amount to the REC in
respect of the Works and as between DEDJTR and the Applicant, the Applicant is responsible
for meeting all costs and expenses in relation to the Works which exceed the Approved
Amount;
(f)
DEDJTR 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.
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6.
LIABILITY AND INDEMNITY
(a)
DEDJTR, 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 DEDJTR, 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 DEDJTR, its servants or agents that DEDJTR, 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.
7.
TERMINATION
7.1
DEDJTR'S TERMINATION
DEDJTR 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)
DEDJTR is of the reasonable opinion that the Applicant has provided false or misleading
information in its Application Form;
(b)
DEDJTR 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
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(d)
7.2
DEDJTR is permitted to void the Voucher under the terms and conditions contained in the
Supplier Application Form, the Letter of Offer or the Voucher.
ACKNOWLEDGEMENT
If DEDJTR terminates these General Terms of Grant and voids the Letter of Offer and Voucher under
clause 7.1 the Applicant acknowledges and agrees that:
7.3
(a)
DEDJTR 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 DEDJTR and the Applicant, the Applicant will be solely responsible for any costs
and expenses associated with the performance of the Works.
ACCRUED 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.
8.
OBLIGATION TO REPAY DEDJTR
If DEDJTR 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 DEDJTR to the REC; or
(c)
has failed to comply with its obligations under clause 3(b) or clause 4(a),
DEDJTR may direct the Applicant, and the Applicant agrees to pay to DEDJTR within 5 Business Days
after receipt of DEDJTR’s direction, the Approved Amount, or a portion of the Approved Amount, as
DEDJTR considers appropriate.
9.
NOTICES AND OTHER COMMUNICATIONS
9.1
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 DEDJTR, 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.
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9.2
EFFECTIVE 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;
(c)
if sent by facsimile, when the sender's facsimile system generates a report confirming the
sender's date, time and successful transmission of the number of pages of the entire Notice
to the recipient's facsimile number; or
(d)
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.
10.
GENERAL
10.1
DISPUTES
The Parties agree to resolve any disputes in good faith.
10.2
RELATIONSHIP
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.
10.3
10.4
SUBCONTRACTORS 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 DEDJTR, which DEDJTR 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 DEDJTR, which DEDJTR may in its
absolute discretion withhold.
GOVERNING 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.
10.5
SURVIVAL
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.
10.6
SEVERABILITY
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
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the Voucher (as applicable) and the remaining provisions of these General Terms of Grant, the
Letter of Offer and the Voucher continue in force.
10.7
WAIVER
Waiver of any provision of or right under these General Terms of Grant, the Letter of Offer or the
Voucher:
10.8
(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.
ENTIRE AGREEMENT
These General Terms of Grant, the Letter of Offer and the Voucher:
10.9
(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.
VARIATION
These General Terms of Grant, the Letter of Offer and the Voucher may only be varied by
agreement in writing by both Parties.
10.10 INCONSISTENCY
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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