Electricity Amendment Regulation (No. 3) 2004 (Qld)

Queensland Electricity Amendment Regulation (No. 3) 2004 Subordinate Legislation 2004 No. 279 made under the ElectricityAct1994 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s 100A (Application of sdiv 4) . . . . . . . . . . . . . . . 2 4 Insertion of new ch 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Chapter 5A 13% gas scheme Part 1 General provisions 127A Prescribed transmission zones—Act, s 135CO . . . . . 2 127B Prescribed programs—Act, s 135GR . . . . . . . . . . . . . 3 Part 2 Monitoring 127C Appointment conditions for approved auditors—Act, s 135IG ............................. 3 127D Prescribed contents for audit reports—Act, ss 135IP and 135IT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Amendment of sch 8 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Part 3 Fees for chapter 5A of the Act

s1 2 s4 Electricity Amendment Regulation (No. 3) 2004 No. 279, 2004 1 Short title This regulation may be cited as the Electricity Amendment Regulation (No. 3) 2004 . 2 Regulation amended This regulation amends the Electricity Regulation 1994. 3 Amendment of s 100A (Application of sdiv 4) Section 100A, second paragraph (a)— renumber as section 100A(b). 4 Insertion of new ch 5A After chapter 5— insert — ‘Chapter 5A 13% gas scheme ‘Part 1 General provisions ‘127A Prescribed transmission zones—Act, s 135CO ‘For section 135CO(1) of the Act, the following areas are prescribed— (a) each area identified in the zone forecasts under the latest annual planning report from time to time of Powerlink Queensland; 1 (b) the area of the national electricity market north of the Hunter Valley at Liddell and Newcastle on the coast through to the border between New South Wales and Queensland. 1 At the commencement of this section the document was available on the internet at < s4 3 s4 Electricity Amendment Regulation (No. 3) 2004 No. 279, 2004 ‘127B Prescribed programs—Act, s 135GR ‘For section 135GR(1)(b) of the Act, the following are prescribed— (a) the Renewable Energy (Electricity) Act 2000 (Cwlth); (b) the program under the document called the ‘National Green Power Accreditation Document’ made by the National Green Power Accreditation Steering Group. 2 ‘Part 2 Monitoring ‘127C Appointment conditions for approved auditors—Act, s 135IG ‘(1) This section states, for section 135IG(1)(c) of the Act, conditions on which an approved auditor holds office. ‘(2) The auditor must personally not create, or become the registered owner of, a GEC. ‘(3) In carrying out an audit, the auditor must act honestly and in good faith. ‘(4) If an auditable person or the regulator commissions the auditor to carry out an audit, the auditor must not carry out, or negotiate the carrying out, of other work for reward for the auditable person until the regulator has, under section 135IP or 135IT 3 of the Act, been given a report about the audit. ‘(5) If the auditor becomes aware of a possible conflict of interest relating to an audit, the auditor must, as soon as possible, give the regulator a written notice— (a) describing the possible conflict; and (b) stating all relevant circumstances. 2 At the commencement of this section the document was available on the internet at < 3 Section 135IP (Regulator may require audit) or 135IT (Regulator may carry out audit) of the Act

s4 4 s4 Electricity Amendment Regulation (No. 3) 2004 No. 279, 2004 ‘(6) If the regulator commissions the auditor to carry out an audit and the regulator asks, the approved auditor must demonstrate to the regulator that the auditor’s costs of carrying out the audit and giving the regulator a report about the audit were properly and reasonably incurred. ‘(7) In this section— audit means an audit under chapter 5A, part 7 of the Act. ‘127D Prescribed contents for audit reports—Act, ss 135IP and 135IT ‘For sections 135IP(1)(b) and 135IT(1)(b) of the Act, all of the following information is prescribed— (a) the approved auditor’s name and details of appointment; (b) the day the audit started; (c) the day the audit finished; (d) the address at which the audit took place; (e) the duration of the audit; (f) the name of the person who commissioned the audit; (g) the name of the auditable person to whom the audit related; (h) each matter (a required matter ) for which the audit was required; (i) the period to which the audit applied; (j) details of sites, activities, material or matters examined for each required matter; (k) the names of any individuals appointed by the auditable person to give the approved auditor help and information; (l) whether, in the approved auditor’s opinion, the auditable person complied with chapter 5A of the Actfor each required matter; (m) if the approved auditor’s opinion is that the auditable person did not comply with chapter 5A of the Act for any required matter—

s5 5 s5 Electricity Amendment Regulation (No. 3) 2004 No. 279, 2004 (i) details of the noncompliance; and (ii) the facts and circumstances used to form the opinion; (n) any recommendations of the approved auditor.’. 5 Amendment of sch 8 (Fees) Schedule 8— insert— ‘Part 3 Fees for chapter 5A of the Act ‘Division 1 Accreditation Nameplate capacity of accredited power station or proposed accredited power station Application fee Annual fee (Act, (Act, s 135AM(1)(j)(ii)) s 135BE(1)(b)) 1 MW or less . . . . . . . . . . . . . . . . . . . . . . . . more than 1 MW but less than 10 MW . . . . 10 MW or more but less than 30 MW . . . . . 30 MW or more but less than 100 MW . . . . 100 MW or more . . . . . . . . . . . . . . . . . . . . . $ 250.00 1 000.00 2 000.00 3 000.00 4 000.00 $ 250.00 500.00 1 000.00 1 500.00 2 000. 00 ‘Division 2 GEC creation fee Fee (under Act, s 135DH(1)(a)(i)) for regulator to decide whether GEC was validly created—for each GEC . . . . . . . $ 0.1500

s5 6 s5 Electricity Amendment Regulation (No. 3) 2004 No. 279, 2004 ‘Division 3 Exempted loads Type of exemption Application Annual fee fee (Act, s 135HF(1)(b)) $ $ State development exemption (under Act, ch 5A, pt 5, div 6, sdiv 2). . . . . . . . . . . . . . . . . . 3 000.00 500.00 Renewable energy exemption (under Act, ch 5A, pt 5, div 6, sdiv 3). . . . . . . . . . . . . . . . . . 250.00 100.00 Auxiliary load exemption (under Act, ch 5A, pt 5, div 6, sdiv 4) . . . . . . . . . . . . . . . . . . . . . . . 250.00 100.00 ‘Division 4 Scheme participants $ Application fee (Act, s 135I(3)). . . . . . . . . . . . . . . . . . . . . . . . 250.00 Annual fee (Act, s 135IC(2)) . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00’. ENDNOTES 1. Made by the Governor in Council on 9 December 2004. 2. Notified in the gazette on 10 December 2004. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Innovations, Information Economy, Sports and Recreation Queensland. © State of Queensland 2004