Electricity (General) Regulations 2012 (SA)
South Australia
Electricity (General) Regulations 2012
under the Electricity Act 1996
Contents
Part 1—Preliminary
1 Short title
3 Interpretation
4 Interpretation—definition of annual electricity consumption level
5 Interpretation—definition of electrical installation
6 Interpretation—definition of electricity infrastructure
7 Interpretation—definition of generation
8 Interpretation—definition of small customer
9 Interpretation—definition of retailing
10 Interpretation—definition of electricity supply industry
11 Compliance with standards that are varied or substituted
Part 2—Administration
12 Functions and powers of Commission
13 Functions of Technical Regulator—major interruptions to electricity supply
13A Functions of Technical Regulator—technical and safety standards relating to switching
13B Functions of Technical Regulator—planning and forecasting
14 Function associated with use of emergency powers
Part 3—Licensing of electricity entities
15 Exemptions from requirement to be licensed
16 Licence fees and returns
17 Consideration of application for licence
17A Prescribed condition—use of prepayment meter system
17B Prescribed conditions—designated services
18 Prescribed class of customers for purposes of section 24(2)(b) of Act
19 Prescribed date for purposes of section 24(2)(d) of Act
20 Prescribed information in small customer accounts for purposes of section 24(2)(da) of Act
21 Ombudsman scheme
21A Variation of licences by Commission
21B Exemption from consultation with consumer bodies
Part 4—Retailer Energy Productivity Scheme
Division 1—Preliminary
22 Application
23 Interpretation
Division 2—Energy productivity activities
24 Energy productivity targets
25 Primary and secondary subtargets
26 Energy productivity activities
27 Energy productivity activities—subtargets
28 Determination of activities or measures that constitute energy productivity activities
Division 3—Other matters
29 Administration
30 Notification and adjustment of targets
31 Retailers may enter into arrangements
32 Energy productivity activities acquisition scheme
33 Compliance and reporting
34 Energy productivity shortfalls
35 Review
36 Expiry
Part 5—System controller
38 Functions and powers of system controller
Part 6—Standard terms and conditions for sale or supply
39 Prescribed classes of customers
Part 6A—Contestable services
39A Contestable services
Part 7—Special provisions relating to small customers
40 Interpretation
41 Exemption from standing contract condition
42 Provisions relating to default contracts
Part 8—Electricity entities' powers and duties
43 Carrying out certain work on public land
Part 9—Undergrounding of powerlines
44 Prescribed amount for undergrounding work
Part 9A—Regulation of NERL retailers
44A NERL retailers to comply with code provisions and other requirements
44B Inset networks
44C Sale of electricity to small customers—early termination fees prohibited
44D Participation in ombudsman scheme
44E Annual administration fee
Part 10—Safety and technical issues
Division A1—Preliminary
44F Preliminary
Division 1—Safety and technical requirements
45 Purpose of Division
46 Quality of electricity supply
47 General requirements for electricity infrastructure
48 Aerial lines
49 Underground lines
50 Powerlines other than aerial or underground lines
51 Substations
52 Earthing and electrical protection systems
53 Electrical installations
54 Connection testing and inspection procedures
55 General requirements for electrical installation
55A Electronic certificates of compliance
55B Remote disconnection and reconnection of electricity generating plant
55C Relevant agents
55D Register of relevant agents
55E Export limits for electricity generating plant
55F Voltage ride through for low voltage inverters of electricity generating plant
55G Meters
Division 1A—Technical Regulator to publish emergency standards
55H Technical Regulator to publish emergency standards
Division 2—Certain electrical installation work
56 Certain electrical installation work and electronic certificates of compliance
57 Electronic certificates of compliance—Technical Regulator may publish requirements etc
58 Prescribed work (section 61(4))
Division 2A—Technical requirements for electrical equipment
58A Designated electrical equipment must comply with demand response capability requirements
Division 3—Safeguarding persons working with conductors or electrical equipment
Subdivision 1—General
59 Basic safety principle
60 Compliance with provisions of Division
Subdivision 2—Work on or near live electric conductors or electrical equipment
61 Application of Subdivision
62 Safe work practices
63 Work involving danger of direct contact with live conductors etc
64 Work in proximity to conductors etc
Subdivision 3—Work on or near exposed high voltage conductors or electrical equipment
65 Work above exposed high voltage conductors etc
66 Work by direct contact with exposed high voltage conductors etc
67 Live high voltage line work
Subdivision 4—Miscellaneous
68 Rescue and resuscitation training
69 Suitability of testing instruments
Division 4—Reporting and investigation of accidents
70 Reporting of accidents
Division 5—Safety, reliability, maintenance and technical management plans and reports
71 Application of Division
72 Safety, reliability, maintenance and technical management plans
73 Safety, reliability, maintenance and technical management reports
Part 11—Cathodic protection systems
74 Application of Part
75 Tests before operating cathodic protection system
Part 12—Miscellaneous
76 Preparation, approval, publication and purchase of technical installation rules
76A Preparation and approval of metering installation procedures
77 Register of underground lines
78 Protection of underground lines
79 Entangled objects
80 Altering ground levels near infrastructure
81 Erection of buildings in proximity to aerial lines
82 Erection of buildings in proximity to underground lines
83 Prohibition of certain activities in proximity to aerial lines and other cable systems
84 Erection of conductors or other cable systems so as to cross or be attached to existing aerial lines or their supports etc
85 Placement of materials near supporting structures etc
86 Placement of materials in proximity to substations
87 Transportation
88 Interference and obstruction
88A Provision of limit advice
89 Technical Regulator may grant exemption from Part 10, Part 11 or this Part
90 Exemption of operations associated with electrified railway and tramway
92 General penalty
93 Fees for reinspection etc
Schedule 1—Requirements for aerial lines
1 Interpretation
2 Design
3 Materials
4 Thermal ratings
5 Short circuit ratings
6 Mechanical loading conditions
7 Conductor tensions
8 Structures and footings
9 Facade mounted cables
10 Safety clearances
11 Installation of aerial lines
12 Maintenance of aerial lines
13 Tables
Schedule 2—Requirements for underground lines and certain other powerlines
1 Interpretation
2 Design—general
3 Cables and accessories
4 Cable ratings
5 Short circuit rating of conductors and cable screens
6 Installation—general
7 Installation of underground lines
8 Part of underground line installed on or above ground
9 Shared trenches
10 Maintenance
Schedule 3—Requirements for substations
1 Interpretation
2 Design
3 Plant and equipment
4 Clearances to live equipment and lines
5 Containment of insulating liquids
6 Security of substation buildings and enclosures
7 Kiosk padmount type substations
8 Ground type substations
9 Pole mounted substations
10 Installation
11 Maintenance
Schedule 4—Requirements for earthing and electrical protection systems
1 Interpretation
2 Design—general
3 Protection equipment
4 Earthing equipment and ancillaries
5 Earthing of low voltage electrical supply networks
6 Earthing of substations
7 Protection systems for low voltage aerial lines and underground lines
8 Step and touch potentials and earth potential rise
9 Installation of earthing and protection systems—general
10 Connections and joints of earthing systems
11 Mechanical strength and protection of earthing systems
12 Maintenance—general
13 Inspection and testing of earthing systems
14 Inspection and test results of earthing systems
15 Inspection and testing of protection systems
16 Inspection and test results of protection systems
Schedule 5—Clearance from aerial lines
Schedule 6—Transitional provisions
2 Transitional provisions
Legislative history
Part 1—Preliminary
1—Short title
These regulations may be cited as the Electricity (General) Regulations 2012.
3—Interpretation
In these regulations, unless the contrary intention appears—
Act means the Electricity Act 1996;
active, in relation to a conductor, means—
(a)any 1 of the conductors of a power system which is maintained at a difference of potential from—
(i)the neutral conductor; or
(ii)an earthed conductor; or
(b)if a power system does not include a neutral or earthed conductor—all conductors;
aerial line means a powerline placed above the ground and in the open air;
AS or Australian Standard, followed by a number, or AS/NZS or Australian/New Zealand Standard followed by a number, is a reference to the standard published by Standards Australia as in force from time to time;
centre‑line, in relation to an aerial line, means a notional vertical plane extending upwards from any point on the ground and running through, and connecting, the centre of each structure that supports the aerial line;
circuit means any number of conductors connected together for the purpose of carrying current;
conductor means a wire, or other form of conducting material suitable for carrying current, other than wires, cables or other metallic parts directly used in converting electrical energy into another form of energy;
connection point means a connection point to a transmission or distribution network;
facade mounted line means an aerial line attached to a building;
high voltage or HV, in relation to electricity, means electricity at a voltage exceeding 1 000 volts alternating current (ac) or 1 500 volts direct current (dc);
insulated means contained within a material or medium (including air) in order to limit the flow of current between conductors at different potentials;
insulated conductor means a conductor that—
(a)is wholly covered with insulating material in accordance with the appropriate requirements of the relevant Approval and Test specification of an Australian Standard; or
(b)is of a type approved by the Technical Regulator;
live—a term applied to an object when a difference of potential exists or would exist between it and earth under normal conditions of operation, including all metal connected to the neutral conductor of the supply system even if such neutral is earthed at the source of supply; but the following are not to be taken to be live:
(a)earthing conductors;
(b)copper sheaths of Mineral Insulated Metal Sheathed (MIMS) cables used in Earthed Sheathed Return (ESR) systems;
(c)neutral busbars or links in installations where the multiple earthed neutral system is employed;
low voltage or LV has the same meaning as in AS/NZS 3000;
metering provider has the same meaning as in section 59(5) of the Act;
multiple earthed neutral system or MEN system means a system of earthing in which the parts of an electrical installation required by AS/NZS 3000 to be earthed—
(a)are connected to the general mass of earth; and
(b)are connected within the installation to the neutral conductor of the supply system;
nominal system voltage means the voltage by which a system of supply is designated and to which certain operating characteristics of that system of supply are referred in accordance with AS 2926 (as in force immediately before it was superseded);
operator, in relation to a transmission or distribution network, any electricity infrastructure or any electrical installation, means the person who operates, owns or controls the network, infrastructure or installation;
other cable system means—
(a)telecommunication and control cables; or
(b)aerial earthed cables; or
(c)electrolysis drainage cables,
attached to, or in the vicinity of, structures supporting cables under the control of an electricity entity;
retail contract means a contract between an electricity entity and a customer for the sale and purchase of electricity;
service line means the terminating span of a powerline—
(a)constructed or designed or ordinarily used for the supply of electricity at low voltage; and
(b)through which electricity is or is intended to be supplied by an electricity entity to a customer from the transmission or distribution network of the entity;
substation means any premises or place (including a switchyard) in which high voltage supply is converted, controlled or transformed;
technical installation rules of the operator of a transmission or distribution network, means the safety and technical requirements of the operator relating to electrical installations that must be complied with if electricity supply from the network is to be connected to the installations;
U, in relation to voltage of electricity, means nominal system voltage;
underground line means a powerline which is placed under the ground, including those portions which are erected above the ground.
A provision contained in a standard, code, guide or other document that is required to be complied with under these regulations is not, despite that requirement, to be taken to be a mandatory provision for the purposes of these regulations unless it is expressed in mandatory terms.
In subregulation (2), a reference to a standard, code, guide or other document includes a reference to a part of a standard, code, guide or other document.
4—Interpretation—definition of annual electricity consumption level
For the purposes of the definition of annual electricity consumption level in section 4 of the Act, the following provisions apply to the determination of a customer's annual electricity consumption level:
(a)the customer's annual electricity consumption level is to be determined for each metered connection point through which the customer has or seeks electricity supply under a retail contract;
(b)if the customer has been entitled under a retail contract to electricity supply through the connection point for the 12 months immediately preceding the relevant day, the customer's annual electricity consumption level for the connection point is—
(i)the actual volume of the electricity supply, expressed in MW.h, through the connection point for that 12 month period as measured by the meter at the connection point; or
(ii)if the measurement of the volume of electricity by the meter has been significantly affected by inaccuracies during that 12 month period—the estimated volume of the electricity supply, expressed in MW.h, through the connection point for the 12 months immediately following the relevant day;
(c)if the customer has not been entitled under a retail contract to electricity supply through the connection point for the 12 months immediately preceding the relevant day, the customer's annual electricity consumption level for the connection point is the estimated volume of the electricity supply, expressed in MW.h, through the connection point for the 12 months immediately following the relevant day;
(d)an estimate is to be made for the purposes of paragraph (b) or (c) taking into account relevant past electricity consumption levels, the electricity consumption level of plant and equipment to be powered through the connection point, the operations for which electricity is required to be supplied through the connection point and other relevant factors;
(e)the determination of the actual or estimated volume of electricity supply through the connection point may be by agreement between the customer and the electricity entity or, failing such agreement, will be a matter for the decision of the Commission on application to the Commission by the customer or the entity;
(f)a determination under this regulation of the customer's annual electricity consumption level for the connection point continues in operation from the relevant day until—
(i)the customer ceases to be entitled to electricity supply through the connection point under a retail contract with the electricity entity; or
(ii)a subsequent determination is made under this regulation of the customer's annual electricity consumption level for the connection point,
whichever first occurs;
(g)at least 12 months must elapse from the relevant day before a subsequent determination is made under this regulation of the customer's annual electricity consumption level for the connection point.
In this regulation—
the relevant day, in relation to the determination of the customer's annual electricity consumption level for the connection point, means—
(a)the day on which the determination is made; or
(b)if some earlier or later day is agreed to by the customer and the electricity entity, or is decided on by the Commission, as the relevant day for the purposes of the determination—that day.
5—Interpretation—definition of electrical installation
For the purposes of the definition of electrical installation in section 4 of the Act, each of the following is an electrical installation:
(a)a set of wires and associated fittings, equipment and accessories installed for the conveyance, control, measurement or use of electricity for general power and lighting in a place used for electricity generating operations, or incidental or related operations;
(b)a set of wires and associated fittings, equipment and accessories installed for the conveyance, control, measurement or use of electricity for general power and lighting in any place where electricity is supplied, or is to be supplied, for consumption in that place by a non‑recreational vehicle, recreational vehicle or relocatable unit;
(c)a set of wires and associated fittings, equipment and accessories installed for the conveyance, control, measurement or use of electricity for general power and lighting in any place where electricity is supplied, or is to be supplied, for consumption in that place during a public event.
In this regulation—
motor vehicle has the same meaning as in the Motor Vehicles Act 1959;
non‑recreational vehicle means a motor vehicle or trailer, other than a recreational vehicle, that has provision for, or is intended for, connection to a low voltage supply of electricity from an external source;
public event means any carnival, concert, exhibition, fair, festival, game, parade, performance, show, sport or other event that is open to the public (whether on payment or free of charge);
recreational vehicle means a caravan (including a pop‑up or fifth‑wheel caravan), camper van or trailer, motor home, slide‑on camper, tent trailer or other motor vehicle or trailer that is designed, adapted or converted for use as accommodation for recreational purposes and has provision for, or is intended for, connection to a low voltage supply of electricity from an external source;
relocatable unit means a prefabricated building or structure that is designed for human occupation or use, can be relocated from one site to another and has provision for, or is intended for, connection to a low voltage supply of electricity from an external source;
trailer has the same meaning as in the Motor Vehicles Act 1959.
6—Interpretation—definition of electricity infrastructure
For the purposes of the definition of electricity infrastructure in section 4 of the Act, a set of wires and associated fittings, equipment and accessories installed for the conveyance, control, measurement or use of electricity for general power and lighting in a place used for electricity generating operations, or incidental or related operations, does not form part of electricity infrastructure.
7—Interpretation—definition of generation
For the purposes of the definition of generation in section 4 of the Act, the operation of a set of wires and associated fittings, equipment and accessories installed for the conveyance, control, measurement or use of electricity for general power and lighting in a place used for electricity generating operations, or incidental or related to an electrical installation is not the generation of electricity.
8—Interpretation—definition of small customer
For the purposes of the definition of small customer in section 4 of the Act, each customer whose annual electricity consumption level for a connection point is less than 160 MW.h is classified as a small customer in relation to electricity supply to the customer through the connection point.
9—Interpretation—definition of retailing
For the purposes of the definition of the term in section 4 of the Act, retailing of electricity does not include the following activities:
(a)a customer charging for the supply of electricity if the charge forms an unspecified part of rent or charges for the occupation or use of premises;
(b)a holder of a licence authorising the operation of an electricity generating plant charging a fee for supplying electricity to another person who is the holder of a licence authorising the operation of a transmission or distribution network.
10—Interpretation—definition of electricity supply industry
For the purposes of the definition of electricity supply industry in section 4 of the Act, the following are operations of a prescribed kind:
(a)the provision, operation or maintenance of poles, equipment, fittings or wiring associated with the provision of lighting in a street or other place;
(b)operations conducted in relation to the Leigh Creek township, railway or mine by—
(i)Flinders Power Pty Ltd (ACN 082 988 270); or
(ii)NRGenerating Holdings (No. 2) GmbH (ARBN 094 284 723), Flinders Labuan (No. 1) Ltd (ARBN 094 284 812) and Flinders Labuan (No. 2) Ltd (ARBN 094 284 769), or a body related to any of those bodies.
Bodies are related for the purposes of this regulation if—
(a)1 takes over or otherwise acquires the business or part of the business of the other; or
(b)they are related bodies corporate within the meaning of the Corporations Law; or
(c)a series of relationships can be traced between them under paragraph (a) or (b).
11—Compliance with standards that are varied or substituted
Despite a requirement of these regulations for work to be carried out in accordance with a standard as in force from time to time, where the standard is varied or substituted, work for the installation, commissioning or modification of electricity infrastructure or an electrical installation may be carried out in accordance with the old standard—
(a)if—
(i)design work for that installation, commissioning or modification commenced before (but not more than 1 month before) the publication of the new standard and the work is to be completed within 1 year after that publication; or
(ii)the work (disregarding design or other preparatory work) had commenced before the publication of the new standard and is to be completed within 1 year after that publication; or
(iii)the work commenced after the publication of the new standard and is to be completed within 6 months after that publication; or
(iv)the work is to be undertaken under a contract based on the old standard and entered into before the publication of the new standard and is to be completed within 1 year after that publication; or
(v)the work is connected with the construction of premises and construction work had commenced before the publication of the new standard and is to be completed within 1 year after that publication; or
(b)in any other case—with the approval of the Technical Regulator, on terms and conditions the Technical Regulator considers appropriate.
If—
(a)pursuant to subregulation (1) work is purportedly carried out in accordance with an old standard; and
(b)the work complies with that old standard,
an approval or certification that the work complies with the standard may be given for the purposes of these regulations.
In this regulation—
(a)a reference to a standard includes a reference to—
(i)a code, guide or other document; and
(ii)a part of a standard, code, guide or other document; and
(b)a standard as in force following the variation or substitution of the standard is referred to as the new standard; and
(c)a standard as in force immediately prior to the variation or substitution of the standard is referred to as the old standard; and
(d)a reference to work includes a reference to examinations and tests related to the work.
This regulation does not apply in relation to the National Electricity Rules or a code made by the Commission under the Essential Services Commission Act 2002.
This regulation does not apply in relation to regulations 55B to 55G (inclusive) or Part 10 Division 1A.
Part 2—Administration
12—Functions and powers of Commission
Pursuant to section 6A of the Act, the Commission has (in addition to the Commission's functions and powers under the Act and the Essential Services Commission Act 2002) the following functions and powers:
(a)if a sale/lease agreement (within the meaning of the Electricity Corporations (Restructuring and Disposal) Act 1999) contemplates that the Commission will determine certain matters—to determine those matters in accordance with the terms of the agreement;
(b)functions and powers conferred on the Jurisdictional Regulator under the National Electricity Rules to the extent that those functions and powers are not authorised by the State, pursuant to the National Electricity Rules, to be exclusively performed or exercised by some other body or bodies;
(c)on or before 31 August in each year, to submit to the Minister and publish on its website a report prepared for the purposes of monitoring prices for the sale of electricity available to a small customer under the National Energy Retail Law (South Australia) during the immediately preceding financial year containing the information required by the Minister under subregulation (2).
The Minister may require the following information for the year to which the report relates to be included in a report prepared under subregulation (1)(c):
(a)comparisons of standing offer prices of NERL retailers generally available to classes of small customers in South Australia;
(b)estimates relating to the annual cost to a small customer of electricity supplied to the customer (based on a reasonable estimate of the average annual level of consumption of electricity by a small customer in South Australia) under each standard retail contract of NERL retailers generally available to classes of small customers in South Australia;
(c)details relating to the difference in annual cost to a small customer of electricity supplied to the customer (based on a reasonable estimate of the average annual level of consumption of electricity by a small customer in South Australia) under market offer prices of NERL retailers generally available to classes of small customers in South Australia compared to the cost to that customer under standing offer prices of NERL retailers generally available to classes of small customers in South Australia;
(d)such other information as the Minister requires in writing to be included.
The Minister may require the information referred to in subregulation (2) to be presented in such manner and form as the Minister considers appropriate, including in the form of variations or trends over time.
In this regulation—
market offer prices, standard retail contract and standing offer prices have the same respective meanings as in the National Energy Retail Law.
13—Functions of Technical Regulator—major interruptions to electricity supply
Pursuant to section 8(ca) of the Act, the Technical Regulator must, in relation to major interruptions to the electricity supply in the State, after taking into account the operation of subregulation (2), comply with the requirements set out in subregulation (3).
The Technical Regulator will determine whether to act under this regulation after taking into account the significance of the interruption and, for that purpose, the Technical Regulator should have regard to—
(a)the actual or likely duration of any interruption; and
(b)the number of customers affected, or likely to be affected, by any interruption; and
(c)such other factors as the Technical Regulator determines to be relevant.
The Technical Regulator must, in acting under this regulation in relation to the monitoring and investigation of major interruptions to the electricity supply in the State, advise the Minister in respect of—
(a)the causes or likely causes of such interruptions;
(b)the nature and extent of such interruptions;
(c)the actual and likely effects and duration of such interruptions;
(d)the steps taken by regulated entities and others to manage such interruptions and to restore and maintain electricity supply;
(e)the adequacy, appropriateness and timeliness of those steps;
(f)the action that should be taken by regulated entities and others to minimise the likelihood of such interruptions in the future;
(g)any other matter relating to such interruptions that the Technical Regulator considers appropriate.
13A—Functions of Technical Regulator—technical and safety standards relating to switching
For the purposes of section 8(d) of the Act, the Technical Regulator has (in addition to the Technical Regulator's functions and powers under the Act) the function of making technical and safety standards relating to switching in connection with the safe operation of a transmission or distribution network, including in relation to electricity infrastructure or an electrical installation connected to, or used in connection with, a transmission or distribution network (the switching manual).
In addition, the switching manual may provide for any other matter relating to switching that the Technical Regulator considers appropriate.
The Technical Regulator may vary or revoke the switching manual.
A relevant entity must, in accordance with the switching manual—
(a)provide such information and assistance as is required by the Technical Regulator for the purposes of preparing and maintaining the switching manual; and
(b)prepare and maintain a manual (an internal switching manual) which—
(i)specifies the technical requirements of the relevant entity in relation to switching; and
(ii)is consistent with the switching manual; and
(iii)addresses all matters set out in the switching manual relevant to the operations of the relevant entity; and
(c)ensure that any person with whom the relevant entity enters into—
(i)a connection agreement relating to network services provided by the relevant entity; or
(ii)an agreement to perform work to which the switching manual relates for the relevant entity,
is required under the agreement to comply with the relevant entity's internal switching manual.
The Technical Regulator may, before making, varying or revoking the switching manual, consult with such representative bodies and participants in the electricity supply industry as the Technical Regulator considers appropriate.
The Technical Regulator must—
(a)give notice of the making, variation or revocation of the switching manual to each electricity entity to which the switching manual applies; and
(b)ensure that a copy of the switching manual (as in force from time to time) is published on a website determined by the Technical Regulator.
The switching manual, or a variation or revocation of the switching manual, takes effect from a date fixed by the Technical Regulator and the Technical Regulator must—
(a)give notice of the date fixed to each electricity entity given notice of the making, variation or revocation under subregulation (6)(a); and
(b)publish notice of the date fixed on a website determined by the Technical Regulator.
The switching manual published by the Technical Regulator may—
(a)be of general or limited application; and
(b)provide that a matter or thing in respect of which the switching manual applies is to be determined according to the discretion of the Technical Regulator, or any other person determined or approved by the Technical Regulator; and
(c)provide for exemptions to be granted (with or without conditions) by the Technical Regulator, or any other person authorised by the Technical Regulator; and
(d)apply, adopt or incorporate, with or without modification, any code, standard or other document prepared or approved by a body or authority referred to in the switching manual as in force from time to time or as in force at a specified time.
If a code, standard or other document is applied, adopted or incorporated in the switching manual—
(a)a copy of the code, standard or other document must be published on a website determined by the Technical Regulator; and
(b)in any legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document apparently certified by or on behalf of the Technical Regulator as a true copy of the code, standard or other document.
The Commission—
(a)is required to impose a condition on a relevant licence that the licence holder comply with the requirements in subregulation (4), in accordance with section 21(2) of the Act (so that a failure to do so will constitute a contravention of a condition of the licence); and
(b)is to vary conditions of a relevant licence to ensure that the licence holder comply with the requirements in subregulation (4), in accordance with section 27(1) of the Act (so that a failure to do so will constitute a contravention of a condition of the licence).
In this regulation—
internal switching manual—an internal switching manual is a manual prepared by an electricity entity under subregulation (4)(b);
relevant entity means the holder of a relevant licence or a person exempted from the requirement to hold such a licence;
relevant licence means any of the following licences under the Act:
(a)a licence authorising the generation of electricity;
(b)a licence authorising the operation of a transmission or distribution network;
(c)a licence authorising system control over a power system;
switching manual—the switching manual is the manual prepared by the Technical Regulator under subregulation (1).
13B—Functions of Technical Regulator—planning and forecasting
For the purposes of section 8(d) of the Act, the Technical Regulator has (in addition to the Technical Regulator's functions under the Act) the following functions:
(a)undertaking planning and forecasting activities to assess the least cost pathway for the development of the South Australian power system;
(b)providing a report to the Minister on the least cost pathway for the development of the South Australian power system—
(i)at the frequency directed by the Minister under subregulation (2)(a); or
(ii)if no direction under subregulation (2)(a) is in effect—at least twice in each year;
(c)advising the Minister (on the Technical Regulator's own initiative or at the request of the Minister) on the development of the South Australian power system.
The Minister may, in relation to the performance of the Technical Regulator's reporting function under subregulation (1)(b), by written notice, direct the Technical Regulator about—
(a)how frequently the Technical Regulator must provide a report to the Minister; and
(b)any objectives, principles, standards or targets which the Technical Regulator must take into account when preparing a report; and
(c)the period into the future that the Technical Regulator must consider in a report; and
(d)any constraints which the Technical Regulator must consider when preparing a report.
In addition, the Technical Regulator must, on an annual basis, prepare and publish on a website maintained by the Technical Regulator a report on the least cost pathway for the development of the South Australian power system.
The Minister may, by written notice, specify—
(a)the manner and form in which a report under subregulation (3) is to be prepared; and
(b)information which must be included in a report under subregulation (3); and
(c)the period within which a report under subregulation (3) is to be prepared and published.
14—Function associated with use of emergency powers
A responsible officer is to fulfil obligations under a protocol agreed by the jurisdictions participating in the National Electricity Market (ie the market regulated by the National Electricity Law) relating to the use of emergency powers that may affect the operation of that market.
Without limiting subregulation (1), a responsible officer may assume operational responsibility for managing power system emergencies under any relevant plan established or adopted by AEMO.
In this regulation—
the Department means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of the Act;
responsible officer means an officer within the Department nominated by the Minister to be a responsible officer for the purposes of this regulation.
Part 3—Licensing of electricity entities
15—Exemptions from requirement to be licensed
A person who carries on operations in the electricity supply industry (the operator) is exempt from the requirement to hold a licence under the Act authorising the operations if the electricity in relation to which the operations are carried on is only for the consumption of 1 or more of the following:
(a)the operator;
(b)a designated body;
(c)a person at premises occupied or used by the person as a tenant or licensee (whether directly or indirectly) of the operator or a designated body where that person is not charged for the supply of electricity except by an electricity entity or as an unspecified part of rent or charges for the occupation or use of the premises.
A person who carries on the generation of electricity is exempt from the requirement to hold a licence under the Act authorising the operations if—
(a)the generating plant has a rated nameplate output of 100 kVA or less; or
(b)the person does not supply electricity for reward to or by means of a transmission or distribution network.
A person who carries on operations as an inset network operator or inset network retailer is exempt from the requirement to hold a licence under the Act authorising the operations on the condition that an inset customer must have an effective right of access to a licensed retailer of the customer's choice.
An exemption under this regulation is (in addition to any other condition to which it is expressed to be subject under this regulation) subject to the condition that the person comply with any requirement imposed by or under the Act, these regulations, the National Electricity Rules or a code made by the Commission under the Essential Services Commission Act 2002 as if the person were an electricity entity authorised by a licence to carry on the operations to which the exemption relates.
An exemption from subregulation (5), or from specified requirements referred to in that subregulation, may be granted by—
(a)in relation to Part 6 of the Act or Part 10, Part 11 and Part 12 of these regulations or any safety requirement—the Technical Regulator, on terms and conditions the Technical Regulator considers appropriate; or
(b)in any other case—the Commission, on terms and conditions the Commission considers appropriate.
For the purposes of this regulation, an inset customer has an effective right of access to a licensed retailer of the customer's choice only if the customer may—
(a)have access to and use the inset network for the purpose of consuming electricity purchased by the customer from a licensed retailer of the customer's choice; and
(b)install, maintain and use meters and other equipment necessary for that purpose,
without any charge being payable by the customer (other than to the licensed retailer) or by the licensed retailer.
In this regulation—
community or strata title premises means premises the subject of the same community plan under the Community Titles Act 1996 or the same strata plan under the Strata Titles Act 1988;
designated body means a body or group of persons designated by the Minister by notice in the Gazette;
inset customer, in relation to an inset network, means a person (other than the inset network operator or the inset network retailer) who has or seeks a supply of electricity from the inset network;
inset network means a transmission or distribution network that serves only a group of premises in the same ownership or community or strata title premises;
inset network operator means a person who operates an inset network;
inset network retailer means a person (other than an electricity entity) who retails electricity supplied through an inset network;
licensed retailer means an electricity entity licensed to retail electricity;
premises includes part of premises.
The Minister may—
(a)by notice in the Gazette, designate a body or group of persons for the purposes of the definition of designated body; and
(b)by subsequent notice in the Gazette, vary or revoke a notice under this subregulation.
16—Licence fees and returns
For the purposes of section 20(2) of the Act, the licence fee, or the first instalment of the licence fee, (as the case may require) must be paid before the anniversary in each year of the day on which the licence was issued.
For the purposes of section 20(2) of the Act, an annual return must be lodged before 31 August in each year.
For the purposes of section 20(5) of the Act, the penalty for default—
(a)for failing to pay a licence fee, or an instalment of a licence fee, is 10% per annum of the outstanding amount calculated daily on a cumulative basis;
(b)for failing to lodge an annual return is $500.
The following costs are prescribed for the purposes of paragraph (d) of the definition of administrative costs in section 20(7) of the Act:
(a)the costs of any committee established for the purpose of advising the Minister in relation to the preparation of programs for the undergrounding of powerlines under section 58A of the Act;
(b)the costs of administration of the Energy Products (Safety and Efficiency) Act 2000;
(c)the costs of administration of the Australian Energy Market Commission in relation to the electricity supply industry in South Australia in the financial year to which the licence relates.
17—Consideration of application for licence
Pursuant to section 17(3)(d) of the Act, the following are prescribed as matters that the Commission may consider in deciding whether an applicant is a suitable person to hold a licence authorising the retailing of electricity:
(a)whether the applicant holds or has held such a licence;
(b)if the applicant holds such a licence—the duration of contracts for the retailing of electricity entered into by the applicant;
(c)if the applicant holds or has held such a licence—whether the applicant has been guilty of a contravention of a condition of the licence or any other contravention of a requirement imposed by or under the Act in connection with the operations authorised by the licence.
17A—Prescribed condition—use of prepayment meter system
In accordance with section 21(2) of the Act, the Commission is required to impose on the relevant licence the condition that the holder of the licence only sell electricity to prescribed customers using a prepayment meter system.
This regulation applies in relation to the relevant licence despite the fact that it was issued before the commencement of this regulation.
Despite subregulation (1), the Minister may grant the holder of the relevant licence an exemption from complying with the condition applying under that subregulation in relation to the supply of electricity to a specified prescribed customer, or a prescribed customer of a specified class.
An exemption under subregulation (3)—
(a)may be granted subject to specified conditions; and
(b)may be varied or revoked by the Minister.
In this regulation—
excluded customer means a small customer who is required under a contract for the sale of electricity in a prescribed area in force immediately before the commencement of the Electricity (General) (Payment Condition) Variation Regulations 2021 to pay for electricity supplied under the contract;
prepayment meter system has the same meaning as in the National Energy Retail Law;
prescribed area means—
(a)Trust Land within the meaning of the Aboriginal Lands Trust Act 2013; or
(b)"the lands" within the meaning of the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981; or
(c)"the lands" within the meaning of the Maralinga Tjarutja Land Rights Act 1984;
prescribed customer means a small customer supplied (or seeking the supply of) electricity in a prescribed area, other than an excluded customer;
relevant licence means the licence authorising the retailing of electricity under the Act to prescribed customers.
17B—Prescribed conditions—designated services
In accordance with section 21(2) of the Act, the Commission is required to impose the following conditions on the following licences:
(a)on the relevant distribution licence—the condition that the holder of the licence procure, for the amount and in the instalments set out in subregulation (2), designated services from the holder of the relevant generation licence;
(b)on the relevant generation licence—the condition that the holder of the licence provide designated services to the holder of the distribution licence.
The amount for which designated services are to be procured in accordance with the condition that the Commission is required to impose under subregulation (1)(a) is $19.5 million paid in the following instalments:
(a)one‑third of the amount is to be paid on or before 30 June 2023;
(b)one‑third of the amount is to be paid on or before 30 June 2024;
(c)one‑third of the amount is to be paid on or before 30 June 2025.
If the holder of the relevant generation licence fails at any time during the prescribed period to provide designated services as required by that licence—
(a)the holder of the relevant distribution licence will not be taken to breach the condition that is required to be imposed by the Commission under subregulation (1)(a) on account of the failure; and
(b)no liability attaches to the holder of the relevant distribution licence on account of the failure.
This regulation applies in relation to the relevant distribution licence and the relevant generation licence despite the fact that each licence was issued before the commencement of this regulation.
In this regulation—
designated services means services to maintain Torrens Island Power Station Unit B2 as an available and functioning electricity generating plant during the prescribed period;
Note—
The continued operation of Torrens Island Power Station Unit B2 during the prescribed period contributes to the secure and reliable operation of the State's power system.
prescribed period means 1 September 2023 to 30 June 2026 (inclusive);
relevant distribution licence means the licence under the Act authorising the operation of a distribution network held by an electricity entity that is a network service provider (within the meaning of the National Electricity (South Australia) Law) that owns, controls or operates a distribution system;
relevant generation licence means the licence under the Act authorising the generation of electricity and under which Torrens Island Power Station Unit B2 is operated.
18—Prescribed class of customers for purposes of section 24(2)(b) of Act
For the purposes of section 24(2)(b) of the Act, each small customer is a customer of a prescribed class.
19—Prescribed date for purposes of section 24(2)(d) of Act
For the purposes of section 24(2)(d) of the Act, 1 July 2004 is the prescribed date.
20—Prescribed information in small customer accounts for purposes of section 24(2)(da) of Act
For the purposes of section 24(2)(da) of the Act, the following provisions apply:
(a)the electricity entity must include in each account for electricity charges sent to a small customer for electricity supply through a particular metered connection point the following information:
(i)the customer's average daily consumption level, expressed in kW.h, of electricity supplied through the connection point for the period to which the account relates;
(ii)the customer's average daily consumption level, expressed in kW.h, of electricity supplied through the connection point for each period during the preceding 12 months in respect of which the customer was sent by the entity an account for electricity supply through the connection point;
(iii)the average daily cost to the customer of electricity supplied to the customer through the connection point during the period to which the account relates;
(b)the electricity entity must also include in each account for electricity charges sent to a small customer the following statement:
For more information about energy efficiency, visit or call ........................ [telephone number as specified by the Commission by written notice to the entity].
21—Ombudsman scheme
For the purposes of sections 23(1)(k) and 24(2)(l) of the Act, the gas supply industry is prescribed.
21A—Variation of licences by Commission
In accordance with section 98(2)(e) of the Act, the Commission is, in varying the conditions of a licence for the purpose of complying with regulation 17A(1) or 17B(1), exempt from the application of section 27(2) of the Act.
21B—Exemption from consultation with consumer bodies
In accordance with section 98(2)(e) of the Act, the Commission is, in varying the conditions of a licence for the purpose of complying with regulation 17B(1), exempt from the application of section 28A of the Act.
Part 4—Retailer Energy Productivity Scheme
Division 1—Preliminary
22—Application
The following provisions apply in relation to the application of this Part to a regulated entity authorised to sell electricity by retail (whether or not the entity is required to hold a licence under the Act):
(a)this Part applies in a calendar year to a regulated entity if, as at 30 June in the preceding year, the regulated entity sold electricity as a retailer to a number of residential customers within South Australia equal to or greater than the threshold set for the purposes of this paragraph;
(b)without derogating from paragraph (a), this Part, other than regulation 25 or 27, applies in a calendar year to a regulated entity if, during the preceding financial year, the regulated entity purchased a quantity of electricity, excluding designated electricity purchases, equal to or greater than the threshold set for the purposes of this paragraph for retailing to customers within South Australia.
For the purposes of subregulation (1)(a) and (b), the Minister must, by notice in the Gazette, set the relevant thresholds for a 5 year period at the time of setting the annual energy productivity targets for the purposes of this Part.
This regulation applies subject to the operation of regulations 26(5) and 27(4).
In this regulation—
designated electricity purchase means a purchase of electricity of a kind determined by the Minister by notice in the Gazette;
residential customer means a small customer—
(a)who acquires electricity primarily for domestic use; and
(b)who satisfies other criteria (if any) determined by the Commission for the purposes of this definition.
23—Interpretation
In this Part, unless the contrary intention appears—
energy credit, in relation to energy productivity activities, means the difference between the amount of normalised gigajoules actually achieved by a retailer in a year through the conduct or acquisition of energy productivity activities under this Part and the EPT that applies to the retailer for that year (if the difference is positive);
energy productivity activity means an activity or measure determined by the Minister under regulation 28 to be an energy productivity activity for the purposes of this Part;
EPT—see regulation 24;
priority group household means residential premises in which a person of a class determined by the Minister for the purposes of these regulations resides;
relevant electricity retailer means a regulated entity within the ambit of regulation 22(1);
relevant gas retailer means a relevant gas retailer within the meaning of Part 4 of the Gas Regulations 2012;
retailer means a relevant electricity retailer or a relevant gas retailer.
For the purposes of this Part, an energy productivity activity undertaken in accordance with this Part will be taken to have been undertaken on the day on which the activity is reported to the Commission under regulation 33.
Division 2—Energy productivity activities
24—Energy productivity targets
The Minister must, by notice in the Gazette, set the annual energy productivity targets for the purposes of this Part, being the amount of normalised gigajoules required to be achieved by retailers through the carrying out of energy productivity activities in accordance with this Part and Part 4 of the Gas Regulations 2012.
The Minister must, for the purposes of subregulation (1), set annual energy productivity targets relating to each of the following 5 year periods:
(a)2021 to 2025 (inclusive);
(b)2026 to 2030 (inclusive).
The Commission must set an annual energy productivity target (EPT) for each retailer by apportioning the relevant annual target set by the Minister between retailers in accordance with any requirements of the Minister.
25—Primary and secondary subtargets
The Minister may, by notice in the Gazette, determine that a percentage or specified amount of an annual energy productivity target is to be achieved by any 1 or more of the following (a primary subtarget):
(a)the provision of energy productivity activities to a class of customers specified in the notice;
(b)the undertaking of a kind of energy productivity activity specified in the notice.
For the purposes of this Part, the Minister—
(a)must determine a primary subtarget in relation to priority group households; and
(b)may determine other primary subtargets.
A notice under this regulation may specify that a percentage or specified amount of a subtarget is to be achieved by any 1 or more of the following (a secondary subtarget):
(a)the provision of energy productivity activities to a class of customers specified in the notice;
(b)the undertaking of a kind of energy productivity activity specified in the notice.
Example—
The Minister determines (under subregulation (1)) that 50% of an annual energy productivity target must be achieved by retailers through the carrying out of energy productivity activities in households (the household primary subtarget). The Minister determines (under subregulation (3)) that 50% of the household primary subtarget must be achieved by retailers through the carrying out of "demand-response" energy productivity activities (specified by the Minister) (the demand-response secondary subtarget).
The Commission must, in accordance with any requirements of the Minister—
(a)set primary subtargets for each retailer by apportioning each primary subtarget determined by the Minister in accordance with any requirements of the Minister; and
(b)set secondary subtargets for each retailer by apportioning each secondary subtarget determined by the Minister (if any) in accordance with any requirements of the Minister.
26—Energy productivity activities
A retailer must, subject to subregulation (2), undertake energy productivity activities sufficient to achieve the EPT that applies to the retailer for that year (as adjusted to take into account any shortfall added under subregulation (3)).
A retailer will be taken not to have failed to achieve the EPT that applies to the retailer for a year if the retailer undertakes energy productivity activities in the year sufficient to achieve at least 90% of the EPT.
Despite subregulation (2), where a retailer fails to achieve its EPT in a year, the energy productivity shortfall must be added to an EPT that applies to the retailer in a subsequent year.
An energy productivity activity undertaken by a retailer for the purposes of achieving a primary subtarget or secondary subtarget under regulation 27 is taken to be included as an energy productivity activity undertaken by a retailer for the purpose of achieving its EPT under this regulation.
If—
(a)a retailer undertakes energy productivity activities in a year sufficient to achieve at least 90% of its EPT for that year but does not achieve its EPT; and
(b)in the subsequent calendar year this Part no longer applies to the retailer as a result of the operation of regulation 22(1),
the retailer must undertake energy productivity activities in the subsequent year to account for its energy productivity shortfall from the previous year.
If—
(a)a retailer fails to achieve its EPT with respect to any year; and
(b)the retailer—
(i)pays a shortfall penalty in accordance with the requirements of section 94B of the Act with respect to that failure; or
(ii)is subject to a penalty on account of a prosecution in respect of that failure,
the energy productivity shortfall to which the shortfall penalty or prosecution relates will no longer apply to the retailer.
In this regulation—
energy productivity shortfall means the difference between the EPT that applies to the retailer for a year and the amount of normalised gigajoules actually achieved (in accordance with this Part) by that retailer in that year through the conduct of energy productivity activities.
27—Energy productivity activities—subtargets
A retailer must, subject to subregulation (2), undertake energy productivity activities sufficient to achieve each primary subtarget and secondary subtarget applying to the retailer for a year (as adjusted to take into account any shortfall added under subregulation (3)).
A retailer will be taken not to have failed to achieve a primary subtarget or secondary subtarget applying to the retailer for a year if the retailer undertakes energy productivity activities in the year sufficient to achieve at least 90% of the primary subtarget or secondary subtarget (as the case requires).
Despite subregulation (2)—
(a)if a retailer fails to achieve a primary subtarget in a year, the Commission must ensure that the energy productivity shortfall is added—
(i)if an equivalent primary subtarget applies to the retailer in the subsequent year—to that primary subtarget; or
(ii)in any other case—to the EPT that applies to the retailer in a subsequent year; and
(b)if a retailer fails to achieve a secondary subtarget in a year, the Commission must ensure that the energy productivity shortfall is added—
(i)if an equivalent secondary subtarget applies to the retailer in the subsequent year—to that secondary subtarget; or
(ii)in any other case—to the EPT that applies to the retailer in a subsequent year.
If—
(a)a retailer undertakes energy productivity activities in a year sufficient to achieve at least 90% of a primary subtarget or secondary subtarget for that year but does not achieve the primary subtarget or secondary subtarget (as the case requires); and
(b)in the subsequent calendar year this Part no longer applies to the retailer as a result of the operation of regulation 22(1),
the retailer must undertake energy productivity activities in the subsequent year to account for its energy productivity shortfall (for the relevant primary subtarget or secondary subtarget) from the previous year.
If—
(a)a retailer fails to achieve a primary subtarget or secondary subtarget that applies to the retailer for a year; and
(b)the retailer—
(i)pays a shortfall penalty in accordance with the requirements of section 94B of the Act with respect to that failure; or
(ii)is subject to a penalty on account of a prosecution in respect of that failure,
the energy productivity shortfall to which the shortfall penalty or prosecution relates will no longer apply to the retailer.
In this regulation—
energy productivity shortfall means—
(a)in the case of a failure by a retailer to achieve a primary subtarget applying to the retailer in a year—the difference between the primary subtarget and the amount of normalised gigajoules actually achieved by that retailer in that year by undertaking energy productivity activities to achieve that primary subtarget; or
(b)in the case of a failure by a retailer to achieve a secondary subtarget applying to the retailer in a year—the difference between the secondary subtarget and the amount of normalised gigajoules actually achieved by that retailer in that year by undertaking energy productivity activities to achieve that secondary subtarget.
28—Determination of activities or measures that constitute energy productivity activities
The Minister may, by notice in the Gazette, on the Minister's own initiative or by application, determine 1 or more activities or measures that may be undertaken by retailers to be energy productivity activities for the purposes of this Part.
An application under subregulation (1) must be made in a manner and form determined by the Minister.
A determination may be of general application or limited (according to criteria determined by the Minister) in its application to a particular retailer or particular retailers.
A notice published under this regulation must set out relevant information relating to an activity or measure that constitutes an energy productivity activity, including—
(a)a description of the activity or measure that constitutes the energy productivity activity; and
(b)the minimum specification in accordance with which the activity or measure that constitutes the energy productivity activity must be performed; and
(c)the amount of normalised gigajoules taken to be achieved, or the method of calculating such an amount, if the activity or measure that constitutes the energy productivity activity is undertaken; and
(d)any other matter the Minister thinks fit.
The Minister may, by notice in the Gazette, vary or revoke a determination made under this regulation.
Division 3—Other matters
29—Administration
The Commission has such functions and powers as are necessary or expedient to give effect to the retailer energy productivity scheme including the following functions:
(a)to administer the scheme;
(b)to ensure that retailers comply with the relevant requirements of this Part;
(c)to report to the Minister—
(i)at the end of each year as to the administration of the scheme and the progress of retailers in achieving the targets set by this Part; and
(ii)from time to time on any other matter relating to this Part as required by the Minister;
(d)to include the following information in its annual report under the Essential Services Commission Act 2002:
(i)information relating to energy productivity activities and measures being undertaken under this Part, including the kind, number and average cost of such activities and measures;
(ii)any other information required by the Minister or considered relevant by the Commission.
The Commission (in the case of a relevant electricity retailer required to hold a licence under the Act)—
(a)is required to impose a condition on the licence of the retailer under the Act that the retailer comply with the relevant provisions of this Part, pursuant to section 21(2) of the Act (so that a failure to comply with a relevant provision of this Part will constitute a contravention of a condition of the licence); and
(b)is to vary conditions of the licence of the retailer under the Act to ensure that the retailer complies with the relevant provisions of this Part as required from time to time, pursuant to section 27(1) of the Act (so that a failure to comply with a relevant provision of this Part will constitute a contravention of a condition of the licence).
30—Notification and adjustment of targets
The Commission must, in relation to each calendar year in which the retailer energy productivity scheme is to apply, notify in writing each retailer of any annual—
(a)EPT; and
(b)primary subtarget; and
(c)secondary subtarget,
that applies to the retailer for that year.
The Commission may adjust a target that would otherwise apply to a retailer after taking into account any energy productivity shortfall under regulation 26 or 27 from a previous year that must be added to the target in accordance with regulation 26 or 27 (as the case requires).
The Commission may, in accordance with any requirements of the Minister, also adjust a target that would otherwise apply to a retailer in 2021 to reflect any amount to be added to the target under a notice published by the Minister under old regulation 35A (approving an alternative arrangement relating to the retailer).
If the customers of 1 retailer (in this regulation referred to as the first retailer) are transferred during a year to another retailer (in this regulation referred to as the acquiring retailer) by the sale, transmission or assignment of the whole or part of the business or undertaking of the first retailer, the Commission may adjust the targets of both the first retailer and the acquiring retailer for that year on a pro rata basis taking into account the date on which the customers were transferred.
If—
(a)this Part and Part 4 of the Gas Regulations 2012 did not apply to the acquiring retailer before the transfer of customers to the acquiring retailer as a result of the operation of regulation 22(1); and
(b)as a result of the transfer of customers the acquiring retailer has at least the threshold number of customers set for the purposes of regulation 22(1)(a) or the threshold amount set for the purposes of regulation 22(1)(b),
this Part and Part 4 of the Gas Regulations 2012 apply with immediate effect to the acquiring retailer and the Commission must—
(c)in accordance with subregulation (1), notify the acquiring retailer of its targets under this Part; and
(d)adjust the targets that apply to both the first retailer and the acquiring retailer for that year on a pro rata basis taking into account the date on which the transfer of customers occurred.
Subject to subregulation (7), if a retailer accrues an energy credit in a year and does not transfer the credit under regulation 31, the Commission must, on application by the relevant retailer, take the credit into account in determining whether the retailer has met a target that applies to the retailer in any subsequent year.
The Minister may, by notice in the Gazette, determine the maximum energy credit that a retailer may apply to have taken into account in determining whether the retailer has met a target that applies to the retailer in the subsequent year.
The Minister must publish a notice under subregulation (7) in the Gazette on or before 31 December in the year preceding the year in which the energy credit may be accrued.
Example—
The Minister publishes a notice in December 2021 determining the maximum energy credit that a retailer may apply in 2023 to have taken into account in determining whether the retailer has met a target applying to the retailer (in 2023).
In this regulation—
old regulation 35A means regulation 35A of these regulations as in force immediately before 1 January 2021.
31—Retailers may enter into arrangements
If a retailer accrues an energy credit, the retailer may, at any time, transfer the credit to another retailer.
A retailer may enter into an arrangement with another person (including another retailer) for that person to undertake energy productivity activities on its behalf.
Despite any arrangement entered into under subregulation (2), a retailer remains liable for any offence or penalty arising from a failure to meet an EPT, primary subtarget or secondary subtarget that applies to the retailer under this Part.
32—Energy productivity activities acquisition scheme
The Minister may adopt a scheme providing for—
(a)energy productivity activities to be performed by persons or bodies in accordance with the scheme; and
(b)retailers to acquire energy productivity activities performed by such persons or bodies under the scheme in connection with achieving targets under this Part; and
(c)procedural and other matters related to the operation of the scheme.
A scheme adopted under this regulation must be published by the Minister in the manner determined by the Minister.
A reference in this regulation to an energy productivity activity includes a reference to any activity or measure relating to energy productivity determined by the Minister for the purposes of this regulation (in addition to an activity or measure determined by the Minister under regulation 28).
33—Compliance and reporting
A retailer must, as required from time to time by the Commission, submit to the Commission a compliance plan for the purposes of this Part in accordance with a code published by the Commission under Part 4 of the Essential Services Commission Act 2002.
A retailer must, as required from time to time by the Commission, report on compliance with this Part in accordance with a code published by the Commission under Part 4 of the Essential Services Commission Act 2002.
A code published under this regulation must comply with any requirements of the Minister.
34—Energy productivity shortfalls
For the purposes of section 94B of the Act, a relevant electricity retailer is a retailer who is subject to the application of this Part (including on account of regulation 26(5) or 27(4)).
For the purposes of section 94B(13)(a) of the Act, the requirements imposed under this Part on a retailer—
(a)to undertake energy productivity activities under regulation 26 sufficient to achieve the relevant EPT; and
(b)to undertake energy productivity activities under regulation 27 sufficient to achieve any relevant primary subtarget or secondary subtarget,
constitute the activities relating to energy productivity in which a relevant electricity retailer must engage, and for the purposes of that section the retailer must engage in those activities to the extent necessary to achieve compliance with regulation 26(2) or 27(2) (as the case requires).
For the purposes of section 94B(13)(b) of the Act, the extent of an energy productivity shortfall with respect to a particular year—
(a)will be determined in relation to each of the activities referred to in subregulation (2)(a) and (b); and
(b)will be as follows:
(i)in relation to energy productivity activities under regulation 26—an amount equal to the energy productivity shortfall applying to the retailer for that year;
(ii)in relation to energy productivity activities under regulation 27 relating to a primary subtarget or secondary subtarget—an amount equal to the energy productivity shortfall for the primary subtarget or secondary subtarget (as the case requires) applying to the retailer for that year.
For the purposes of section 94B(2)(a) of the Act, the prescribed base penalty is $10 000 for each category of shortfall identified under subregulation (3).
For the purposes of subsection (2)(b) of section 94B of the Act, the amount payable under that subsection will be—
(a)in the case of an energy productivity shortfall under subregulation (3)(b)(i)—the amount constituting the energy productivity shortfall (expressed in normalised gigajoules) multiplied by $21.45; or
(b)in the case of an energy productivity shortfall under subregulation (3)(b)(ii)—the amount constituting the energy productivity shortfall for the relevant primary subtarget or secondary subtarget (expressed in normalised gigajoules) multiplied by $21.45.
35—Review
The Minister must cause a review of the operation of this Part to be conducted and a report on the results of the review to be submitted to the Minister before 31 December 2029.
The review must consider whether the scheme should continue and any other matter the Minister considers should be considered in the review.
The Minister must, within 12 sitting days after receiving the report, cause copies of the report to be laid before both Houses of Parliament.
36—Expiry
This Part will expire on 31 December 2030.
Part 5—System controller
38—Functions and powers of system controller
Pursuant to section 31 of the Act, the functions of a system controller for a power system operated in the National Electricity Market are limited to the following:
(a)when required to do so under the National Electricity (South Australia) Law or any Act, giving appropriate directions to regulated entities that are engaged in the operation of the power system, or contribute electricity to, or take electricity from, the system, for the purposes of maintaining the system in, or restoring it to, a safe and reliable state of operation;
(b)functions or powers performed or exercised as an agent employed by, or pursuant to a contractual arrangement with, AEMO under the National Electricity Rules;
(c)when required to do so under the National Electricity Rules, under an agency or contractual arrangement of a kind referred to in paragraph (b) or under any other agreement—
(i)undertaking action to protect such parts of the transmission network as are necessary to maintain the security of the power system;
(ii)managing the interruption of, and coordinating the restoration of, loads placed on the power system;
(iii)taking specified steps to restore the power system to a safe and reliable state of operation;
(iv)monitoring the operation of the power system with a view to ensuring that the system operates safely and reliably;
(v)maintaining voltage control throughout the power system;
(vi)shedding loads placed on the power system to the extent necessary during emergency situations.
A system controller for a power system operated in the National Electricity Market has all powers necessary for, or incidental to, the proper performance of the functions set out in subregulation (1).
In this regulation—
National Electricity Market means the market regulated by the National Electricity Law.
Part 6—Standard terms and conditions for sale or supply
39—Prescribed classes of customers
For the purposes of sections 23(1)(n)(iv) and 36(1) of the Act—
(a)each customer whose annual electricity consumption level for a metered connection point equals or exceeds 160 MW.h is a customer of a prescribed class in relation to electricity supply to the customer through the connection point;
(b)each customer whose annual electricity consumption level for a metered connection point equals or exceeds 30 MW.h but is less than 160 MW.h is a customer of a prescribed class in relation to electricity supply to the customer through the connection point.
Part 6A—Contestable services
39A—Contestable services
For the purposes of section 36AF(3)(a) of the Act, a connection service—
(a)which is provided to a standard—
(i)that is of a higher or lower quality or reliability than the standard of quality or reliability required by the National Electricity Rules, any code made by the Commission under the Essential Services Commission Act 2002 relating to electricity distribution or any other relevant instrument; or
(ii)that exceeds the levels of service or plant ratings required by the connection assets of the operator of the distribution network to which the connection relates; and
(b)to which a customer is required to contribute to the cost of providing the service,
is prescribed.
For the purposes of section 36AF(3)(b) of the Act, the following requirements are specified and must be applied in relation to the provision of a contestable service prescribed under subregulation (1):
(a)a customer may request the operator of a distribution network to prepare technical specifications for the construction of connection assets or an extension to the network (assets or an extension);
(b)if a request is made under paragraph (a), the operator must only prepare technical specifications if the customer—
(i)supplies the operator with the information that is reasonably required to allow the preparation of the specifications; and
(ii)pays a reasonable fee (which must not exceed an amount approved by the Commission) to the operator for the preparation of the specifications;
(c)the technical specifications prepared by the operator must set out the general design parameters and operating requirements for the assets or an extension to enable connection to the network and must—
(i)contain sufficient details to allow the customer to call for tenders from third parties for the design and construction of the assets or an extension; and
(ii)contain details of the voltage of the connection, required current rating, minimum transformer sizes, and other equipment requirements; and
(iii)contain details of the operator's technical and maintenance requirements, to ensure the works, when designed and completed—
(A)are compatible with the network; and
(B)are capable of being operated and maintained by the operator in accordance with its operations and maintenance procedures; and
(C)do not adversely affect the network or other persons connected to the network; and
(iv)inform the customer that tenderers must submit separate amounts for designing and constructing the connection assets or designing and undertaking an extension; and
(v)inform the customer of a reasonable period for conducting the tender, given the nature of the works and the technical specifications;
(d)the operator must prepare the technical specifications as requested by the customer—
(i)if the preparation of the specifications involves complex work—within a reasonable period agreed with the customer after receipt of the request (and that period must not exceed 20 business days); or
(ii)in any other case—within the period of 10 business days after receipt of the request;
(e)a customer may call for tenders for the design and construction of the assets or an extension, based on the technical specifications prepared by the operator;
(f)if, within the period specified under paragraph (c)(v), the customer notifies the operator that it has selected a successful tenderer, the operator must liaise, in a reasonable manner having regard to paragraph (g), with the customer and the successful tenderer about the following matters:
(i)the design and construction of the assets or an extension;
(ii)payments from the customer and payments to the successful tenderer;
(iii)warranties in relation to the work performed and the equipment installed;
(iv)the program for undertaking the works;
(v)handing over the assets or an extension to the operator on completion of the works;
(g)the operator is not obliged to accept the design and construction of the assets or an extension by a successful tenderer if the operator considers on reasonable grounds that—
(i)the successful tenderer does not have the requisite skill and competence to undertake the design and construction of the works in accordance with the technical specifications; or
(ii)the proposed design and construction does not meet the technical specifications, in particular, the matters referred to in paragraph (c)(iii);
(h)if a dispute between a customer and an operator arises under paragraph (g), the customer or operator may refer the dispute to the Technical Regulator for resolution.
Schedule 4—Requirements for earthing and electrical protection systems
(regulation 52)
1—Interpretation
In this Schedule—
ENA means Energy Networks Association Limited;
listed standards means the standards (both national and international), codes, guides and other documents, as published from time to time, listed in the Appendix at the end of this Schedule;
neutral conductor means a conductor or a group of conductors of a multi‑wired system of supply which is maintained at an intermediate and approximate uniform electrical potential in respect of the other conductors of the same circuit, or the conductor of a two‑wire system that is earthed at its origin;
protective devices or equipment means devices or equipment intended to isolate the active conductors of a circuit in the event of an electrical fault.
2—Design—general
Earthing and protection systems must be designed to ensure—
(a)reliable passage of fault and Single Wire Earth Return (SWER) load currents to earth; and
(b)reliable and speedy operation of circuit protection devices; and
(c)step, touch and transfer potentials with respect to assets associated with the circuit are safe; and
(d)detection and isolation of electrical conditions likely to significantly increase risk to people or cause significant damage to property,
and so as to comply with the listed standards or achieve, to the satisfaction of the Technical Regulator, the same or better safety and technical outcomes.
In determining abnormal electrical service conditions, due care must be given to the consideration of extremes that may occur, the likelihood of their occurrence and the associated risks.
3—Protection equipment
All protection equipment must, to ensure safe operational performance, conform to the listed standards or achieve, to the satisfaction of the Technical Regulator, the same or better outcomes.
4—Earthing equipment and ancillaries
Earthing systems must be designed to be constructed of material that is—
(a)copper, copper alloy, stainless steel or some other material having superior corrosion resistance; and
(b)electrically conductive.
5—Earthing of low voltage electrical supply networks
The earthing of low voltage electrical networks of supply must be designed to be a MEN system, unless otherwise approved by the Technical Regulator.
A MEN system must be designed so that—
(a)a continuous neutral conductor connects all customers' premises in accordance with AS/NZS 3000; and
(b)the neutral conductor is connected to earth at each distribution substation or generator.
A direct earthing system must be approved by the Technical Regulator and must be designed so that—
(a)a continuous earthed conductor connects—
(i)all customers' premises in accordance with AS/NZS 3000; and
(ii)the neutral conductor at the distribution substation or generator; and
(iii)every surge diverter,
to earth at the generating station or distribution substation only; and
(b)the earthed conductor is formed from—
(i)the metallic sheath of an insulated cable providing the LV supply to the customers' premises; or
(ii)a separate conductor of an insulated cable providing the LV supply to the customers' premises; or
(iii)a separate earthing conductor affixed to structures supporting the LV supply circuit to the customers' premises; and
(c)the system is earthed at the substations or generating stations.
6—Earthing of substations
Substations must be designed to have an earthing system that complies with the listed standards or achieves, to the satisfaction of the Technical Regulator, the same or better outcomes.
7—Protection systems for low voltage aerial lines and underground lines
Each of the aerial and underground service lines of a transmission or distribution network must form part of a circuit that is protected by protective equipment that can isolate each of the active conductors of the lines.
8—Step and touch potentials and earth potential rise
Uninsulated metal or reinforced concrete that—
(a)forms part of a circuit in a transmission or distribution network (excluding the current carrying conductors); and
(b)is accessible to persons; and
(c)may, in the event of a primary insulation failure of the circuit, experience a rise in voltage,
must be effectively earthed to comply with the requirements of the ENA Guidelines for Design and Maintenance of Overhead Distribution and Transmission Lines C(b)1, as published from time to time.
9—Installation of earthing and protection systems—general
Earthing and protection systems must be installed in accordance with design requirements set out in this Schedule and to conform with the listed standards or achieve, to the satisfaction of the Technical Regulator, the same or better outcomes.
10—Connections and joints of earthing systems
Terminations to earthing conductors and joints in earthing conductors must be of a type that utilises materials and techniques specifically developed for earthing electrical installations so as to comply with the listed standards or achieve, to the satisfaction of the Technical Regulator, the same or better outcomes.
11—Mechanical strength and protection of earthing systems
Earthing conductors and other components of an earthing system must be installed in a manner that provides protection against likely mechanical damage, inadvertent interference and chemical deterioration.
12—Maintenance—general
Protection and earthing systems must be maintained to be in a safe operating condition.
A system of maintenance must be instituted for protection and earthing systems and their components, including—
(a)predetermined processes to confirm the safe state of components; and
(b)managed replacement programs for components approaching the end of their serviceable life.
Maintenance programs must be carried out in accordance with the listed standards.
13—Inspection and testing of earthing systems
Earthing systems must be inspected and tested from time to time to ensure that the design requirements of—
(a)resistance to the general mass of earth; and
(b)electrical capacity; and
(c)step, touch and transfer potentials; and
(d)corrosion resistance,
are being maintained.
The condition of earthing systems must be verified by instruments designed for that purpose.
14—Inspection and test results of earthing systems
The results of visual inspections and resistance readings must be recorded and audited to identify changes that would influence the frequency of inspections, tests and maintenance.
15—Inspection and testing of protection systems
Protection systems must be inspected and tested from time to time as required according to the risk of damage to, or aging of, components or changes in the network electrical parameters, to ensure that—
(a)detection sensitivity; and
(b)speed of operation; and
(c)discrimination of load currents; and
(d)co‑ordination with other protection systems,
of the systems are being maintained.
The performance of protection systems must be verified by instruments designed for that purpose.
16—Inspection and test results of protection systems
The results of visual inspections and performance tests must be recorded and audited to identify changes that would influence the frequency of inspections, tests, maintenance and replacements.
Appendix—Standards, codes, guides and other documents relating to earthing and electrical protection systems
In this Appendix—
(a) ENA means Energy Networks Association Limited;
(b) IEEE means Institute of Electrical and Electronic Engineers.
Protection
All or nothing relays....................................................................................................................
AS 2481
Voltage transformers for measurement and protection....................................................................................................................
AS 1243
Current transformers for measurement and protection....................................................................................................................
AS 1675
Low voltage switchgear and controlgear - General rules....................................................................................................................
AS 60947
Low voltage switchgear and controlgear - Switches, disconnectors, switch‑disconnectors and fuse‑combination units....................................................................................................................
AS/NZS 3947
Low voltage switchgear and controlgear - Contactors and motor starters - Electromechanical contactors and motor starters....................................................................................................................
AS 60947
Low voltage switchgear and controlgear - Control circuit devices and switching elements - Electromechanical control circuit devices....................................................................................................................
AS 60947
Low voltage switchgear and controlgear - Control circuit devices and switching elements - Proximity switches....................................................................................................................
AS 60947
Earthing
Switchgear assemblies and ancillary equipment for alternating voltages above 1 kV....................................................................................................................
AS 2067
Guide for safety in AC substation grounding....................................................................................................................
IEEE 80
Electrical installations....................................................................................................................
AS/NZS 3000
Relocatable premises (including caravans and tents) and their site installations....................................................................................................................
AS/NZS 3001
Guidelines for the design and maintenance of overhead distribution and transmission lines—
(a) Stay wires..................................................................................................
ENA C(b)1
(b) Step and touch potentials..................................................................................................
ENA C(b)1
Switchgear assemblies and ancillary equipment for alternating voltages above 1 kV....................................................................................................................
AS 2067
AS/NZS 3835 Earth potential rise - Protection of telecommunications network users, personnel and plant
Maintenance
Switchgear assemblies and ancillary equipment for alternating voltages above 1 kV....................................................................................................................
AS 2067
Electrical installations....................................................................................................................
AS/NZS 3000
Guide to safety in AC substation grounding....................................................................................................................
IEEE 80
ENA Guidelines for design and maintenance of overhead distribution and transmission lines....................................................................................................................
ENA C(b)1
AS/NZS 3835 Earth potential rise - Protection of telecommunications network users, personnel and plant
Testing
Electrical installations - Earthing....................................................................................................................
AS/NZS 3000
Guide for safety in AC substation grounding....................................................................................................................
IEEE 80
ENA Guidelines for design and maintenance of overhead distribution and transmission lines....................................................................................................................
ENA C(b)1
Schedule 5—Clearance from aerial lines
(regulations 83, 84 and 87)
TABLE 1: Clearance distance between materials and aerial lines or supporting structures
| Direction of distance | Type and voltage of aerial line (clearance distance in metres) | ||||||||||
| Low voltage aerial lines, service lines & other cable systems U ≤ 1 kV | U > 1 kV U ≤ 33 kV | U > 33 kV U ≤ 132 kV | U > 132 kV U ≤ 275 kV | U > 275 kV U ≤ 330 kV | U > 330 kV U ≤ 500 kV | ||||||
| Distance between any material (other than flammable materials) and aerial lines— | |||||||||||
| (a) horizontal distance | 1.5 | 2.1 | 3.0 | 4.6 | 5.5 | 6.4 | |||||
| (b) vertical distance | 3.7 | 4.6 | 4.6 | 6.8 | 8.0 | 9.8 | |||||
| Distance between flammable materials and aerial lines— | |||||||||||
| (a) horizontal distances | 3.0 | 3.0 | 3.0 | 4.6 | 5.5 | 6.4 | |||||
| (b) vertical distances | 3.7 | 4.6 | 6.8 | 6.8 | 8.0 | 9.8 | |||||
| Distance between any material and supporting structure— | |||||||||||
| (a) horizontal distances | 5.0 | 10.0 | 15.0 | 15.0 | 15.0 | 15.0 | |||||
| (b) vertical distances | N/A | N/A | N/A | N/A | N/A | N/A | |||||
TABLE 2: Clearance distance between operation of machine, vehicle or vessel with elevating component or shear legs and aerial lines
| Type and voltage or aerial line | U ≤ 1 kV ABC | U ≤ 1 kV Bare and covered conductor | U >1 kV U ≤ 33 kV | U > 33 kV U ≤ 132 kV | U > 132 kV U ≤ 275 kV | U > 275 kV U ≤ 330 kV | U > 330 kV U ≤ 500 kV |
| Clearance distance in all directions in metres | 0.5 | 1.0 | 1.5 | 3.0 | 4.0 | 6.0 | 8.0 |
TABLE 3: Clearance distance between load being transported and aerial lines
| Nominal system voltage (U) | Clearance distance in all directions (in metres) |
| Low voltage aerial lines, service lines or other cable systems U ≤ 1 kV | 0.33 |
| 1 kV < U ≤ 11 kV | 0.6 |
| 11 kV < U ≤ 33 kV | 0.9 |
| 33 kV < U ≤ 66 kV | 1.4 |
| 66 kV < U ≤ 132 kV | 2.4 |
| 132 kV < U ≤ 275 kV | 3.2 |
| 275 kV < U ≤ 330 kV | 4.6 |
| 330 kV < U ≤ 500 kV | 5.5 |
Schedule 6—Transitional provisions
2—Transitional provisions
Despite regulation 11 of these regulations, regulation 5AC of the revoked regulations as in force immediately before the commencement of this clause will continue to apply to work to be undertaken or underway (being work within the ambit of regulation 5AC) until 1 March 2013.
Despite regulation 68 of these regulations, regulation 29 of the revoked regulations as in force immediately before the commencement of this clause will continue to apply to persons required to carry out, or help in carrying out, electrical work until 1 September 2014.
Despite regulation 76 of these regulations, the technical installation rules published by an operator of a distribution network for the purposes of regulation 34 of the revoked regulations and in force immediately before the commencement of this clause will continue to apply for the purposes of these regulations until 1 March 2013.
In this clause—
revoked regulations means the Electricity (General) Regulations 1997.
Legislative history
Notes
•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or revoked by principal regulations
The Electricity (General) Regulations 2012 revoked the following:
Electricity (General) Regulations 1997
Principal regulations and variations
New entries appear in bold.
Year No Reference Commencement 2012 199 Gazette 30.8.2012 p3982 1.9.2012: r 2 2013 4 Gazette 31.1.2013 p178 1.2.2013: r 2 2013 308 Gazette 19.12.2013 p5133 10.2.2014: r 2 2014 262 Gazette 6.11.2014 p6380 1.1.2015: r 2 2016 240 Gazette 12.10.2016 p3994 12.10.2016: r 2 2016 279 Gazette 8.12.2016 p4934 1.1.2017: r 2 2017 292 Gazette 17.10.2017 p4347 17.10.2017: r 2 2019 209 Gazette 26.9.2019 p3358 30.12.2019: r 2 2020 232 Gazette 9.7.2020 p3776 9.7.2020: r 2 2020 278 Gazette 24.9.2020 p4679 28.9.2020: r 2 2020 304 Gazette 26.11.2020 p5373 1.1.2021: r 2 2021 164 Gazette 4.11.2021 p3964 4.11.2021: r 2 2021 180 Gazette 9.12.2021 p4331 1.7.2022: r 2 2021 185 Gazette 16.12.2021 p4407 1.1.2022: r 2 2022 106 Gazette 24.11.2022 p6704 24.11.2022: r 2 2023 58 Gazette 29.6.2023 p2041 1.7.2023 except rr 3, 4, 6 to 12 & Sch 1—18.9.2023: r 2 2024 14 Gazette 14.3.2024 p447 14.3.2024: r 2 Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision How varied Commencement Pt 1 r 2 omitted under Legislation Revision and Publication Act 2002 1.2.2013 r 3 r 3(1) metering provider inserted by 58/2023 r 3 18.9.2023 r 5 substituted by 58/2023 r 4 18.9.2023 r 11 r 11(5) inserted by 278/2020 r 4 28.9.2020 varied by 164/2021 r 4 4.11.2021 Pt 2 r 12 r 12(1) r 12 varied and redesignated as r 12(1) by 4/2013 r 4(1), (2) 1.2.2013 r 12(2)—(4) inserted by 4/2013 r 4(2) 1.2.2013 r 13 r 13(3) varied by 4/2013 r 5 1.2.2013 r 13A inserted by 292/2017 r 4 17.10.2017 r 13B inserted by 14/2024 r 3 14.3.2024 Pt 3 r 15 r 15(3) substituted by 4/2013 r 6(1) 1.2.2013 r 15(4) deleted by 4/2013 r 6(1) 1.2.2013 r 15(8) transitional inset customer deleted by 4/2013 r 6(2) 1.2.2013 r 17A inserted by 180/2021 r 4 1.7.2022 r 17B inserted by 106/2022 r 3 24.11.2022 r 20 substituted by 4/2013 r 7 1.2.2013 r 21A inserted by 180/2021 r 5 1.7.2022 amended by 106/2022 r 4 24.11.2022 r 21B inserted by 106/2022 r 5 24.11.2022 Pt 4 before substitution by 262/2014 will expire: r 37 (31.12.2014) r 22 r 22(1) varied by 4/2013 r 8(1) 1.2.2013 r 22(1a) inserted by 4/2013 r 8(2) 1.2.2013 r 22(2) varied by 4/2013 r 8(3) 1.2.2013 r 23 r 23(1) EEAT inserted by 4/2013 r 9(3) 1.2.2013 EGRT varied by 4/2013 r 9(2) 1.2.2013 ELEAT deleted by 4/2013 r 9(3) 1.2.2013 energy credit varied by 4/2013 r 9(1) 1.2.2013 relevant electricity retailer varied by 4/2013 r 9(4) 1.2.2013 relevant gas retailer varied by 4/2013 r 9(5) 1.2.2013 r 23(3) varied by 4/2013 r 9(6) 1.2.2013 r 28 r 28(1) varied by 4/2013 r 10 1.2.2013 r 29 r 29(1)—(4) varied by 4/2013 r 11 1.2.2013 r 29(5) energy audit shortfall varied by 4/2013 r 11 1.2.2013 r 33 r 33(3) varied by 4/2013 r 12 1.2.2013 Pt 4 before substitution by 304/2020 substituted by 262/2014 r 4 1.1.2015 will expire: r 37 (31.12.2020) r 35A inserted by 232/2020 r 4 9.7.2020 Pt 4 substituted by 304/2020 r 4 1.1.2021 will expire: r 36 (31.12.2030) Pt 5 r 38 r 38(1) varied by 4/2013 r 13 1.2.2013 Pt 6 r 39 (c) and (d) deleted by 4/2013 r 14 1.2.2013 Pt 6A inserted by 4/2013 r 15 1.2.2013 Pt 9A inserted by 4/2013 r 16 1.2.2013 r 44A varied by 262/2014 r 5 1.1.2015 varied by 304/2020 r 5 1.1.2021 r 44C substituted by 209/2019 r 4 30.12.2019 r 44E r 44E(1) amended by 58/2023 r 5(1)—(3) 1.7.2023 r 44E(2) substituted by 58/2023 r 5(4) 1.7.2023 Pt 10 Div A1 inserted by 279/2016 r 4 1.1.2017 Div 1 r 46 varied by 292/2017 r 5 17.10.2017 r 54 r 54(3) amended by 58/2023 r 6 18.9.2023 r 55 r 55(2) and (3) deleted by 279/2016 r 5 1.1.2017 r 55A inserted by 279/2016 r 6 1.1.2017 r 55A(1) substituted by 58/2023 r 7(1) 18.9.2023 r 55A(2) amended by 58/2023 r 7(2) 18.9.2023 r 55A(4) amended by 58/2023 r 7(3)—(5) 18.9.2023 rr 55B—55G inserted by 278/2020 r 5 28.9.2020 Div 1A inserted by 164/2021 r 5 4.11.2021 Div 2 r 56 r 56(1) varied by 279/2016 r 7(1)—(5) 1.1.2017 (c) deleted by 279/2016 r 7(1) 1.1.2017 amended by 58/2023 r 8(1)—(4) 18.9.2023 r 56(1a) inserted by 279/2016 r 7(6) 1.1.2017 r 56(1b) inserted by 279/2016 r 7(6) 1.1.2017 amended by 58/2023 r 8(5)—(7) 18.9.2023 r 56(2) varied by 279/2016 r 7(7) 1.1.2017 r 57 substituted by 279/2016 r 8 1.1.2017 Div 2A inserted by 185/2021 r 4 1.1.2022 Div 3 r 64 r 64(2a) inserted by 58/2023 r 9(1) 18.9.2023 r 64(3) varied by 292/2017 r 6 (1), (2) 17.10.2017 amended by 58/2023 r 9(2) 18.9.2023 rr 68 and 69 substituted by 58/2023 r 10 18.9.2023 Div 5 r 72 r 72(1) varied by 292/2017 r 7 (1) 17.10.2017 r 72(2) varied by 292/2017 r 7 (2)—(4) 17.10.2017 r 72(2a) inserted by 292/2017 r 7(5) 17.10.2017 r 73 r 73(1) amended by 58/2023 r 11(1) 18.9.2023 r 73(3) amended by 58/2023 r 11(2) 18.9.2023 r 73(4) substituted by 58/2023 r 11(3) 18.9.2023 Pt 12 r 76A inserted by 58/2023 r 12 18.9.2023 r 86 r 86(2) deleted by 292/2017 r 8 17.10.2017 r 87 r 87(1) varied by 308/2013 r 4 10.2.2014 r 88A inserted by 240/2016 r 4 12.10.2016 r 91 deleted by 4/2013 r 17 1.2.2013 Sch 1 cl 13 table 3 varied by 308/2013 r 5 10.2.2014 Sch 6 cl 1 omitted under Legislation Revision and Publication Act 2002 1.2.2013
Transitional etc provisions associated with regulations or variations
Electricity (General) Variation Regulations 2014 (No 262 of 2014), Sch 1—Transitional provisions
1—Interpretation
In this Schedule—
new Part 4 means Part 4 of the Electricity (General) Regulations 2012 (as substituted by these regulations);
old Part 4 means Part 4 of the Electricity (General) Regulations 2012 as in force immediately before the commencement of these regulations.
2—Energy credits
Despite the revocation of old Part 4 by these regulations, an energy credit accrued by a retailer before that revocation (other than a credit transferred under regulation 33 of old Part 4) will, on the commencement of new Part 4, be taken to be an energy credit for the purposes of new Part 4.
3—Energy efficiency activities and energy audits
An energy efficiency activity or an energy audit undertaken by a retailer immediately before the commencement of new Part 4 will only be taken to be an energy efficiency activity or an energy audit for the purposes of new Part 4 if the activity or audit is reported to the Commission before a day designated by the Commission by notice in the Gazette.
4—Commission to convert energy savings
For the purposes of clauses 2 and 3, the Commission must, in accordance with any requirements of the Minister, determine the manner in which—
(a)an energy efficiency activity undertaken by a retailer; or
(b)an energy credit accrued by a retailer,
before the revocation of old Part 4 by these regulations and expressed in tonnes of carbon dioxide equivalent will be converted into an amount of energy taken to have been saved by the retailer for the purposes of new Part 4.
In addition, the Commission must, in accordance with any requirements of the Minister, determine the manner in which any—
(a)energy efficiency shortfall; or
(b)energy efficiency shortfall for priority group households,
which—
(c)applied to a retailer immediately before the revocation of old Part 4; and
(d)must be added to a target under new Part 4 (as a result of the operation of regulations 26(3) and 27(3)); and
(e)is expressed in tonnes of carbon dioxide equivalent,
will be converted into an amount of energy required to be saved by the retailer for the purposes of new Part 4.
Electricity (General) Variation Regulations 2016 (No 279 of 2016), Sch 1
1—Transitional provisions
Until the prescribed day, despite regulation 55A(1) and (2) of the Electricity (General) Regulations 2012 (as inserted by these regulations), a hard copy certificate of compliance may be issued in accordance with those subregulations (as in force immediately after the commencement of these regulations) using an official form in accordance with regulation 57 of the Electricity (General) Regulations 2012 as in force immediately before the commencement of these regulations.
If a hard copy certificate of compliance is issued in accordance with subclause (1), regulations 44F and 55A(2) of the Electricity (General) Regulations 2012 (as inserted by these regulations) apply to the certificate of compliance with the following variations:
(a)a reference in regulation 44F or 55A(2) to an electronic certificate of compliance will be taken to be a reference to the hard copy certificate of compliance;
(b)the hard copy certificate of compliance is not required to be provided to the Technical Regulator under regulation 55A(2).
Until the prescribed day, despite the variations to regulation 56 of the Electricity (General) Regulations 2012 by regulation 7 of these regulations, a hard copy certificate of compliance may be issued in accordance with that regulation (as in force immediately after the commencement of these regulations) using an official form in accordance with regulation 57 of the Electricity (General) Regulations 2012 as in force immediately before the commencement of these regulations.
If a hard copy certificate of compliance is issued in accordance with subclause (3), regulation 56 of the Electricity (General) Regulations 2012 (as varied by these regulations) applies to the certificate of compliance with the following variations:
(a)a reference to an electronic certificate of compliance will be taken to be a reference to a hard copy certificate of compliance;
(b)the hard copy certificate of compliance is not to be provided to the Technical Regulator under regulation 56(1)(b).
In this clause—
prescribed day means 30 June 2018.
Electricity (General) (Retailer Energy Productivity Scheme) Variation Regulations 2020, Sch 1—Transitional provisions
1—Interpretation
In this Schedule—
new Part 4 means Part 4 of the Electricity (General) Regulations 2012 (as substituted by these regulations);
old Part 4 means Part 4 of the Electricity (General) Regulations 2012 as in force immediately before the commencement of these regulations.
2—Energy credits
Despite the revocation of old Part 4 by these regulations, energy credits accrued by a retailer before that revocation (other than a credit transferred under regulation 33 of old Part 4) up to an amount equivalent to 20% of the energy efficiency target applying to the retailer for 2020 (under old Part 4) will, on the commencement of new Part 4, be taken to be an energy credit for the purposes of new Part 4.
The Commission must, in accordance with any requirements of the Minister, apply an energy credit referred to in subclause (1) to a retailer's EPT, or (if relevant) a primary subtarget or secondary subtarget applying to the retailer, under new Part 4.
3—Energy efficiency shortfalls from 2020
For the purposes of regulation 30(2) of new Part 4, the Commission may adjust a target that would otherwise apply to a retailer in 2021 after taking into account any energy efficiency shortfall of a retailer under regulation 26 or 27 of old Part 4.
Electricity (General) (Miscellaneous) Amendment Regulations 2023 (No 58 of 2023), Sch 1
1—Transitional provision
Despite regulation 76A of the Electricity (General) Regulations 2012 (as inserted by regulation 12), a metering provider is not required to comply with that regulation until 6 months after the commencement of this clause.
Historical versions
| 1.2.2013 |
| 10.2.2014 |
| 1.1.2015 |
| 12.10.2016 |
| 1.1.2017 |
| 17.10.2017 |
| 30.12.2019 |
| 9.7.2020 |
| 28.9.2020 |
| 1.1.2021 |
| 4.11.2021 |
| 1.1.2022 |
| 1.7.2022 |
| 24.11.2022 |
| 1.7.2023 |
| 18.9.2023 |
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