Consent required for construction, etc., of generating stations

(1) Subject to sub-sections (2) and (4), a generating station shall not be constructed, extended or operated except in accordance with a consent granted by the Commission. (2) Sub-section (1) shall not apply to a generating station whose capacity– (a) does not exceed the permitted capacity, that is to say, seventy-five kilowatts; (b) in the case of a generating station which is to be constructed or extended, will not exceed the permitted capacity when it is constructed or extended, and an Order under this sub-section may make different provisions for generating stations of different classes or descriptions. (3) The Commission may, by Order published in the Gazette, provide that sub-section (2) shall have effect as if for the permitted capacity mentioned in paragraph (a) above there were substituted such other capacity as may be specified in the Order, provided that such Order must be of general application. (4) The Commission may by Order direct that sub-section (1) of this section shall not apply to generating stations of a particular class or description, either generally or for such purposes as may be specified in the Order. (5) A consent under this section– (a) may include such conditions (including conditions as to the ownership or operation of the station) as appear to the Commission to be appropriate; and 55 (b) shall continue in force for such period as may be specified in or determined by or under the (6) Any person who without reasonable excuse contravenes the provisions of this section shall be liable on seminary conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding three years, or to both such fine and term of imprisonment. (7) No proceedings shall be instituted in respect of an offence under this section except by or on behalf of the Schedule III. (8) The provisions of Schedule III (which relate to consents under this section and section 52 of this Act) shall have effect. (9) In this Part, “extension” in relation to a generating station, includes the use by the person operating the station, of any land (wherever situated) for a purpose directly related to the generation of electricity by that station and “extend” shall be construed accordingly.