Electricity Industry (Licence Conditions) Amendment Regulations 2020 (WA)

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2766 GOVERNMENT GAZETTE, WA 1 September 2020
ENERGY
EN301
Electricity Industry Act 2004

Electricity Industry (Licence Conditions)
Amendment Regulations 2020
SL 2020/146

Made by the Governor in Executive Council.
1. Citation
These regulations are the Electricity Industry (Licence
Conditions) Amendment Regulations 2020.
2. Commencement
These regulations come into operation as follows —

(a)

regulations 1 and 2— on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day after that day.

3. Regulations amended
These regulations amend the Electricity Industry (Licence
Conditions) Regulations 2005.

4. Regulation 3 amended

(1) In regulation 3 delete the definitions of:
approved contract
renewable source electricity
(2) In regulation 3 insert in alphabetical order:

eligible customer;
approved contract — see regulations 8 and 8A;
distributed energy, in relation to an eligible customer,
means electricity to which 1 or both of the following
apply —

(a)

the electricity is generated by a small renewable energy system located on premises owned or occupied by the eligible customer;

(b)

the electricity is discharged from storage works located on premises owned or occupied by the

1 September 2020 GOVERNMENT GAZETTE, WA 2767
5. Regulation 6 replaced
Delete regulation 6 and insert:

6. Condition requiring relevant corporation to offer to
purchase distributed energy

(1) It is a condition of every retail licence and integrated
regional licence held by a relevant corporation that, on
and after 8 September 2020, the corporation must offer
to purchase distributed energy, under an approved
contract, from an eligible customer who wishes to sell
distributed energy to the corporation.
(2) For the purposes of subregulation (1), the relevant
corporation is not required, on any one day, to purchase
more than 50 kWh of distributed energy from the
eligible customer.
(3) Subregulation (2) does not prevent the relevant
corporation from purchasing additional distributed
energy from the eligible customer under the approved
contract or otherwise.

(4)

For the purposes of subregulation (1), the relevant corporation is not required to purchase distributed energy (the relevant distributed energy) from the eligible customer at any time when the eligible

the corporation under the Electricity Corporations

customer has, in accordance with a direction given to energy to the corporation if that contract relates to premises which are the same premises as that on which -

(a)

the small renewable energy system that generates the relevant distributed energy is

located; or

(b)

the storage works from which the relevant distributed energy is discharged are located.

(5)

For the purposes of subregulation (1), the relevant corporation is not required to purchase distributed energy from the eligible customer at any time unless, at

that time, the corporation has a contract with the eligible customer to sell to the eligible customer electricity for the purpose of consumption at premises
which are the same premises as that on which -

(a)

the small renewable energy system that generates the distributed energy is located; or

(b)

the storage works from which the distributed energy is discharged are located.

2768

GOVERNMENT GAZETTE, WA

1 September 2020

6. Regulation 7 amended
In regulation 7 delete "renewable source electricity" and insert:
distributed energy

Note: The heading to amended regulation 7 is to read as follows:
Condition requiring relevant corporation to report on cost of purchasing distributed energy

7. Regulation 8 replaced
Delete regulation 8 and insert:
8. Approved contracts

(I) An approved contract is a contract prepared by a
relevant corporation, and approved by the Coordinator
(subject to subregulation (3)), that sets out the terms
and conditions on which the corporation is to purchase
distributed energy from eligible customers for the
purposes of regulation 6(1).
(2) The contract may include (without limitation) technical
specifications, or other technical requirements, that
must be met in relation to small renewable energy
systems or storage works.

(3)

The price or prices at which the relevant corporation is to purchase distributed energy from eligible customers under the contract are to be approved by the Minister, with the concurrence of the Treasurer, and not by the Coordinator.

(4)

The Coordinator must not approve a contract for the purposes of subregulation (1) unless the Coordinator

considers that the contract, apart from the matters

within subregulation (3), will provide for the purchase of distributed energy on fair and reasonable terms and conditions.

(5)

The Minister must not approve any price for the purposes of subregulation (3) unless the Minister considers that the price is fair and reasonable.
(6) This regulation is subject to regulation 8A.

8A. Changes to approved contract

(1) A relevant corporation may amend or replace an
approved contract as follows -

(a) in relation to the matters within
regulation 8(3) - with the approval of the

1 September 2020 GOVERNMENT GAZETTE, WA 2769
Minister given with the concurrence of the
Treasurer;

(b) in relation to all other matters - with the
approval of the Coordinator.

(2) An approved contract may also be amended in
accordance with subregulations (3) to (6).

(3)

If the Coordinator considers that an approved contract, apart from the matters within regulation 8(3), no longer provides for the purchase of distributed energy on fair
and reasonable terms and conditions, the Coordinator
may, for the purpose of remedying the situation, direct
the relevant corporation -

(a)

to submit an appropriate amendment to the contract to the Coordinator for approval; and

(b)

to do so within a period specified by the Coordinator.

(4) In subregulation (3) -
appropriate amendment means an amendment -

(a) specified by the Coordinator; or

(b)

otherwise determined by the Coordinator to be suitable for approval.

(5) The Coordinator may approve the appropriate
amendment to take effect at a future time specified by
the Coordinator, and the relevant corporation must
amend the approved contract accordingly.

(6)

The Minister may, with the concurrence of the Treasurer, direct an amendment to an approved contract in relation to any matter within regulation 8(3)

to take effect at a future time specified by the Minister, and the relevant corporation must amend the approved

contract accordingly.

(7)

The Coordinator must not give an approval for the purposes of this regulation unless the Coordinator considers that the amended or new approved contract,
apart from the matters within regulation 8(3), will
provide for the purchase of distributed energy on fair
and reasonable terms and conditions.
(8) The Minister must not approve or direct any price for
the purposes of this regulation unless the Minister
considers that the price is fair and reasonable.
(9) It is a condition of every retail licence and integrated
regional licence held by a relevant corporation that the
corporation must do the following -

(a)

comply with a direction given to the corporation under subregulation (3);

2770 GOVERNMENT GAZETTE, WA 1 September 2020

(b)

amend an approved contract as required by subregulation (5) or (6).
R. NEILSON, Clerk of the Executive Council.

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Electricity Industry (Licence Conditions) Amendment Regulations 2020 (WA)

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(a)	regulations 1 and 2— on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

(1)	In regulation 3 delete the definitions of:
approved contract
renewable source electricity
(2)	In regulation 3 insert in alphabetical order:

(a)	the electricity is generated by a small renewable energy system located on premises owned or occupied by the eligible customer;
(b)	the electricity is discharged from storage works located on premises owned or occupied by the

6.	Condition requiring relevant corporation to offer to purchase distributed energy
(1)	It is a condition of every retail licence and integrated regional licence held by a relevant corporation that, on and after 8 September 2020, the corporation must offer to purchase distributed energy, under an approved contract, from an eligible customer who wishes to sell distributed energy to the corporation.
(2)	For the purposes of subregulation (1), the relevant corporation is not required, on any one day, to purchase more than 50 kWh of distributed energy from the eligible customer.
(3)	Subregulation (2) does not prevent the relevant corporation from purchasing additional distributed energy from the eligible customer under the approved contract or otherwise.
(4)	For the purposes of subregulation (1), the relevant corporation is not required to purchase distributed energy (the *relevant distributed energy)* from the eligible customer at any time when the eligible
the corporation under the Electricity Corporations
customer has, in accordance with a direction given to energy to the corporation if that contract relates to premises which are the same premises as that on which -

(a)	the small renewable energy system that generates the relevant distributed energy is
located; or
(b)	the storage works from which the relevant distributed energy is discharged are located.

(5)	For the purposes of subregulation (1), the relevant corporation is not required to purchase distributed energy from the eligible customer at any time unless, at
that time, the corporation has a contract with the eligible customer to sell to the eligible customer electricity for the purpose of consumption at premises
which are the same premises as that on which -

(a)	the small renewable energy system that generates the distributed energy is located; or
(b)	the storage works from which the distributed energy is discharged are located.

(2)	An approved contract may also be amended in accordance with subregulations (3) to (6).
(3)	If the Coordinator considers that an approved contract, apart from the matters within regulation 8(3), no longer provides for the purchase of distributed energy on fair
and reasonable terms and conditions, the Coordinator may, for the purpose of remedying the situation, direct the relevant corporation -

(a)	to submit an appropriate amendment to the contract to the Coordinator for approval; and
(b)	to do so within a period specified by the Coordinator.

(a)	specified by the Coordinator; or
(b)	otherwise determined by the Coordinator to be suitable for approval.

(5)	The Coordinator may approve the appropriate amendment to take effect at a future time specified by the Coordinator, and the relevant corporation must amend the approved contract accordingly.
(6)	The Minister may, with the concurrence of the Treasurer, direct an amendment to an approved contract in relation to any matter within regulation 8(3)
to take effect at a future time specified by the Minister, and the relevant corporation must amend the approved

(7)	The Coordinator must not give an approval for the purposes of this regulation unless the Coordinator considers that the amended or new approved contract,
apart from the matters within regulation 8(3), will provide for the purchase of distributed energy on fair and reasonable terms and conditions.
(8)	The Minister must not approve or direct any price for the purposes of this regulation unless the Minister considers that the price is fair and reasonable.
(9)	It is a condition of every retail licence and integrated regional licence held by a relevant corporation that the corporation must do the following -