Electricity Feed-in (Large-scale Renewable Energy Generation) Amendment Act 2014 (ACT)

Case

Electricity Feed-in (Large-scale Renewable Energy Generation) Amendment Act 2014

A2014-7

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            DictionarySection 3, note 1  2

5            Objects of ActSection 5 (a)  2

6            Meaning of capacitySection 7 (1)  3

7           Section 7 (6)  3

8            FiT capacitySection 9  3

9            FiT capacity releaseSection 10 (2) (b) (iii)  3

10          New section 10 (6)  4

11          FiT entitlement—grantSection 11 (1)  4

12          FiT entitlement—conditionsSection 12 (2) (d) to (f)  4

13          Meaning of eligible electricitySection 17, definition of eligible electricity, paragraph (a) and note          5

14          Section 17, definition of eligible electricity, paragraph (d)  5

15          Sections 18 to 20  5

16          Section 21  9

17          Regulation-making powerSection 25 (2)  10

18          Dictionary, new definitions  10

19          Dictionary, definitions of electricity distributor and electricity network      11

20          Dictionary, definition of FiT support payment  11

21          Dictionary, new definition of interconnected national electricity system     11

22          Dictionary, definition of national electricity market  11

23          Dictionary, new definitions  11

Electricity Feed-in (Large-scale Renewable Energy Generation) Amendment Act 2014

A2014-7

An Act to amend the Electricity Feed-in (Large-scale Renewable Energy Generation) Act 2011

The Legislative Assembly for the Australian Capital Territory enacts as follows:

  1. Name of Act

    This Act is the Electricity Feed-in (Large-scale Renewable Energy Generation) Amendment Act 2014.

  2. Commencement

    This Act commences on the day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the Electricity Feed-in (Large-scale Renewable Energy Generation) Act 2011.

  4. Dictionary
    Section 3, note 1

    substitute

    Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

    For example, the signpost definition ‘distribution system—see the National Electricity (ACT) Law, section 2.’ means that the term ‘distribution system’ is defined in that section and the definition applies to this Act.

  5. Objects of Act
    Section 5 (a)

    after

    region

    insert

    and other places

  6. Meaning of capacity
    Section 7 (1)

    substitute

    (1)For this Act, the capacity, of a generating system, is the maximum power, expressed in megawatts, that can be delivered by the system at the point where it connects to the interconnected national electricity system.

  7. Section 7 (6)

    omit

  8. FiT capacity
    Section 9

    omit

    210MW

    substitute

    550MW

  9. FiT capacity release
    Section 10 (2) (b) (iii)

    substitute

    (iii)whether a large renewable energy generator must be located within—

    (A)the ACT; or

    (B)the Australian capital region; or

    (C)a participating jurisdiction; and

    Note      Participating jurisdiction—see s (6).

  10. New section 10 (6)

    after the note, insert

    (6)In this section:

    participating jurisdiction—see the National Electricity (ACT) Law, section 2.

  11. FiT entitlement—grant
    Section 11 (1)

    substitute

    (1)The Minister may grant a person a FiT entitlement under a FiT capacity release in relation to a large renewable energy generator located—

    (a)in the Australian capital region; or

    (b)outside the Australian capital region if the Minister is satisfied that the person’s proposal—

    (i)offers exceptional economic development benefits to ACT renewable energy industries; and

    (ii)minimises costs to electricity consumers.

  12. FiT entitlement—conditions
    Section 12 (2) (d) to (f)

    substitute

    (d)entering into an agreement with a network service provider to connect the large renewable energy generator to the interconnected national electricity system within a stated time;

    (e)connecting the large renewable energy generator to the interconnected national electricity system and supplying electricity to the system within a stated time;

    (f)where a large renewable energy generator must be located and connected to the interconnected national electricity system;

  13. Meaning of eligible electricity
    Section 17, definition of eligible electricity, paragraph (a) and note

    substitute

    (a)generated by a large renewable energy generator connected to the interconnected national electricity system; and

    NoteThe National Electricity (ACT) Law and the national electricity rules govern the process by which a person may apply for connection to the interconnected national electricity system.

  14. Section 17, definition of eligible electricity, paragraph (d)

    omit

    the electricity network

    substitute

    the interconnected national electricity system

  15. Sections 18 to 20

    substitute

17AMeaning of FiT support payment

(1)In this Act:

FiT support payment, for a holder of a FiT entitlement, for eligible electricity for a period, means the amount worked out as follows:

(FiT - SP) x quantity of electricity

(2)In this section:

FiT means the feed-in tariff, stated in the FiT entitlement holder’s grant of FiT entitlement, for the holder’s eligible electricity for the period.

quantity of electricity means the quantity of the FiT entitlement holder’s eligible electricity for the period.

SP means the spot price value for the FiT entitlement holder’s eligible electricity for the period.

  1. FiT support payment—ACT electricity distributor to pay

    (1)This section applies if—

    (a)a large renewable energy generator in relation to which a FiT entitlement is granted is connected to the interconnected national electricity system; and

    (b)the FiT support payment for the holder of the FiT entitlement for a period is a positive amount.

    (2)The ACT electricity distributor must pay the holder of the FiT entitlement FiT support payments for the holder’s eligible electricity for the period—

    (a)in arrears; and

    (b)within 30 days after the later of—

    (i)the day the holder gives the ACT electricity distributor written notice that the large-scale generation certificates for the holder’s eligible electricity, worked out under the Renewable Energy (Electricity) Act 2000 (Cwlth), section 18 (3), have been registered under that Act, section 26; and

    (ii)the day the holder gives the ACT electricity distributor any other information reasonably required by the distributor to work out the FiT support payment; and

    (c)in the way (if any) prescribed by regulation.

    NoteAn amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).

    (3)However, if it is a condition of a holder’s FiT entitlement that there is a maximum quantity of a holder’s eligible electricity, in a financial year, in relation to which the holder is entitled to be paid a FiT support payment, the ACT electricity distributor need not pay the holder an amount in relation to electricity generated in excess of the maximum quantity in a financial year.

  2. FiT support payment—negative amount

    (1)This section applies if—

    (a)a large renewable energy generator in relation to which a FiT entitlement is granted is connected to the interconnected national electricity system; and

    (b)the FiT support payment for the holder of the FiT entitlement for a period is a negative amount.

    (2)The ACT electricity distributor may—

    (a)offset the amount against any subsequent FiT support payment payable to the holder of the FiT entitlement; or

    (b)require the holder of the FiT entitlement, by written notice, to pay the ACT electricity distributor the amount within 30 days after the distributor gives the notice.

    NoteAn amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).

  3. Offences—non-payment of FiT support payment or other amount

    (1)The ACT electricity distributor commits an offence if the distributor—

    (a)is required to pay a FiT support payment to a holder of a FiT entitlement under section 18; and

    (b)fails to make the payment as required.

    Maximum penalty:  50 penalty units.

    (2)The holder of a FiT entitlement commits an offence if the holder—

    (a)is required to pay an amount to the ACT electricity distributor under section 19; and

    (b)fails to make the payment as required.

    Maximum penalty:  50 penalty units.

  4. Section 21

    substitute

  5. Quarterly reports by ACT electricity distributor

    (1)This section applies if, during a quarter, a large renewable energy generator in relation to which a FIT entitlement is granted is connected to the interconnected national electricity system.

    (2)The ACT electricity distributor must give the Minister a report for the quarter in relation to the generator.

    (3)The report must include the following:

    (a)if the generator was first connected to the ACT electricity distribution system during the quarter—the cost of connecting the generator to the ACT electricity distribution system, including any network augmentation that was required to facilitate the connection;

    (b)if the generator is connected to the ACT electricity distribution system—the cost of maintaining the connection of the generator to the ACT electricity distribution system and maintaining any network augmentation required to facilitate the connection;

    (c)the quantity of eligible electricity supplied by the generator to the interconnected national electricity system in a trading interval, and the spot price value for the electricity in each interval;

    (d)the FiT support payment paid by the ACT electricity distributor during the quarter to the holder of the FiT entitlement in relation to the generator.

    (4)The ACT electricity distributor must give the Minister the report for a quarter before the end of the next quarter.

    (5)In this section:

    trading interval—see the national electricity rules, chapter 10 (Glossary).

  6. Regulation-making power
    Section 25 (2)

    substitute

    (2)A regulation may make provision in relation to the following:

    (a)working out a FiT support payment;

    (b)paying a FiT support payment.

    (3)A regulation may create offences and fix maximum penalties of not more than 30 penalty units for the offences.

  7. Dictionary, new definitions

    insert

    ACT electricity distribution system means the distribution system component of the interconnected national electricity system in the ACT.

    ACT electricity distributor means the network service provider operating the ACT electricity distribution system.

    AEMO—see the national electricity rules, chapter 10 (Glossary).

    distribution system—see the National Electricity (ACT) Law, section 2.

  8. Dictionary, definitions of electricity distributor and electricity network

    omit

  9. Dictionary, definition of FiT support payment

    substitute

    FiT support payment, for a holder of a FiT entitlement, for eligible electricity for a period—see section 17A (1).

  10. Dictionary, new definition of interconnected national electricity system

    insert

    interconnected national electricity system—see the National Electricity (ACT) Law, section 2.

  11. Dictionary, definition of national electricity market

    substitute

    national electricity market—see the National Electricity (ACT) Law, section 2.

  12. Dictionary, new definitions

    insert

    network service provider—see the National Electricity (ACT) Law, section 2.

    spot market—see the national electricity rules, chapter 10 (Glossary).

    spot price value, for eligible electricity, means the amount that would have been paid for the electricity by the AEMO if the electricity had been sold on the spot market.

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 27 February 2014.

  2. Notification

    Notified under the Legislation Act on 27 March 2014.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Electricity Feed-in (Large-scale Renewable Energy Generation) Amendment Bill 2014, which was passed by the Legislative Assembly on 20 March 2014.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2014

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