Electricity Infrastructure Investment Regulation 2021 (NSW)
This Regulation is the Electricity Infrastructure Investment Regulation 2021.
This Regulation commences on the day on which it is published on the NSW legislation website.
The dictionary in Schedule 4 defines words used in this regulation.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
This clause applies if the AER is appointed as the regulator.
For the Act, section 76(6), definition of
The Board may advise the Minister on any matter to which a plan may relate.
The Board must review a plan under section 7(4)(b) of the Act at least once every 2 years after the plan is approved by the Minister.
For the purposes of section 8(1)(d) of the Act, the following objectives are prescribed—
(a) to protect the financial interests of NSW electricity customers,
(b) to be consistent with Australia’s international trade obligations.
An appointed member holds office for a term of 3 years and may be re-appointed.
A person may not be appointed as an appointed member for more than 9 years in total, whether or not consecutively.
Schedule 1 contains provisions relating to the members and procedures of the Board.
The office of the advocate is a statutory office and the provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to the office, except as provided by this clause.
The following provisions of, or made under, the Government Sector Employment Act 2013 relating to the employment of Public Service senior executives apply to the advocate—
(a) provisions relating to the band in which an executive will be employed,
(b) provisions relating to the contract of employment of an executive,
(c) provisions relating to the remuneration, employment benefits and allowances of an executive,
(d) provisions relating to the termination of employment of an executive.
For the purposes of applying the provisions of the Government Sector Employment Act 2013 to the advocate under subclause (2), a reference to the employer of a Public Service senior executive is taken to be a reference to the Minister.
The office of the advocate becomes vacant if the advocate—
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns from the office by written instrument to the Minister, or
(d) is removed from office, or
Note— The advocate may be removed under the Government Sector Employment Act 2013, section 41 or Part 6.
(e) becomes bankrupt or insolvent, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of the advocate’s remuneration for the creditors’ benefit, or
(f) becomes a mentally incapacitated person, or
(g) is convicted in New South Wales of an offence punishable by imprisonment for 12 months or more, or
(h) is convicted outside of New South Wales of an offence that, if committed in New South Wales, would be punishable by imprisonment for 12 months or more.
This clause applies if—
(a) the advocate has a direct or indirect pecuniary or other interest in a matter about which the advocate is advising, or is about to advise, the Minister, and
(b) the interest appears to raise a conflict with the proper performance of the advocate’s duties in relation to advising on the matter.
For the purposes of subclause (1), the advocate is not taken to have a pecuniary or other interest if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence the advice the advocate might give to the Minister.
The advocate must, as soon as possible after the relevant facts have come to the advocate’s knowledge, disclose the nature of the interest to the Minister.
It is sufficient disclosure of the nature of an interest relating to a specified company, body or person that arises after the date of the disclosure if the advocate has disclosed that the advocate—
(a) is a member, or is in the employment, of the company or other body, or
(b) is a partner, or is in the employment, of the person, or
(c) has some other specified interest relating to the company, body or person.
If a disclosure made under this clause relates to a matter about which the advocate is advising, particulars of the disclosure must be included in the advice to the Minister about the matter.
The Minister may issue a code of conduct for the advocate.
Words used in this Part have the same meaning as in the National Electricity Rules.
In calculating the maximum demand for a financial year, the energy security target monitor must—
(a) take into account the most recent forecast of maximum demand for sent out generation in New South Wales in summer, as published by AEMO, and
(b) adjust the forecast to reflect the maximum demand as generated by generating units in New South Wales in summer.
In calculating the maximum demand for a financial year, the energy security target monitor must also take into account the forecast of use of distributed energy resources in New South Wales in the financial year, as specified in the most recent statement of opportunities.
In calculating the maximum demand for a financial year, the energy security target monitor may take into account major constraints on transmission infrastructure across different sub-regions of New South Wales, as specified in the most recent—
(a) Inputs, Assumptions and Scenarios Report, and
(b) ISP methodology.
In this clause—
In calculating the firm capacity for a financial year, the energy security target monitor must take into account the following capacity—
(a) the capacity of scheduled generating units in New South Wales in the summer of the financial year,
(b) the capacity of semi-scheduled generating units in New South Wales in the summer of the financial year,
(c) the capacity of non-scheduled generating units in New South Wales, as the energy security target monitor considers appropriate,
(d) the capacity of interconnectors in New South Wales, operating under normal conditions,
(e) the capacity from demand response, other than capacity expected to be available under the reliability and emergency reserve trader.
In calculating the firm capacity for a financial year, the energy security target monitor must also take into account the capacity of the following if, in the energy security target monitor’s opinion, the capacity is likely to be available to NSW electricity customers in the financial year—
(a) generating units listed, at the time of the calculation, as existing, committed or anticipated on the generation information page,
(b) generating units that will be constructed and operated under an LTES agreement,
(c) generating units that will be constructed under funding programs run by, or on behalf of, a NSW or Commonwealth government agency,
(d) interconnectors for which a revenue determination has been made under rule 6A.4 of the National Electricity Rules,
(e) interconnectors for which a determination has been made under the Act, section 38,
(f) interconnectors under a priority transmission infrastructure project to which a direction under the Act, section 32(1)(b) relates.
In calculating the firm capacity for a financial year, the energy security target monitor must also take into account information about demand side participation, as specified in the most recent statement of opportunities.
In calculating the capacity of generating units for the purposes of clause 14, the energy security target monitor must take into account information on the generation information page.
In calculating the firm capacity of scheduled generating units that are storage units for the purposes of clause 14, the energy security target monitor must take into account—
(a) the amount of electricity likely to be dispatched at times of peak demand in the summer of the financial year, and
(b) the most recent statement of opportunities.
Subclause (1A) does not apply to long-duration storage infrastructure as referred to in the Act, section 43(1)(b).
In calculating the capacity of semi-scheduled generating units and non-scheduled generating units for the purposes of clause 14, the energy security target monitor must take into account—
(a) information about the amount of electricity produced, at times of peak demand in summer over the past three financial years, by generating units that use variable renewable energy sources, for example, the sun, waves and wind, and
(b) based on the information in paragraph (a)—the amount of electricity likely to be produced, at times of peak demand in summer in the financial year, by generating units that use each variable renewable energy source.
In calculating the capacity of interconnectors for the purposes of clause 14, the energy security target monitor must take into account information about interconnectors operating under normal conditions, as specified in the most recent—
(a) Inputs, Assumptions and Scenarios Report, and
(b) ISP methodology.
In calculating the firm capacity for a financial year for the purposes of clause 14, the energy security target monitor may take into account major constraints on transmission infrastructure across different sub-regions of New South Wales, including the major constraints specified in the most recent—
(a) Inputs, Assumptions and Scenarios Report, and
(b) ISP methodology.
This clause does not limit the matters the energy security target monitor may take into account in calculating firm capacity for the purposes of clause 14.
In preparing a report under the Act, section 13(1), the energy security target monitor must take into account each scenario and the sensitivities relating to each scenario, as specified in the most recent statement of opportunities, to the extent they relate to New South Wales.
The report must include the following for each scenario and the sensitivities relating to each scenario, to the extent they relate to New South Wales—
(a) the energy security target monitor’s forecast of variations to—
(i) the maximum demand, and
(ii) the firm capacity, and
(iii) any target breach,
(b) an analysis of the factors that might affect the forecast of variations to a target breach, for example, whether generating units that are being constructed or have been committed will be constructed on time.
For the Act, Dictionary, definition of
(a) class 1—transmission assets within the meaning of the National Electricity Rules,
(b) class 2—distribution assets within the meaning of the National Electricity Rules,
(c) class 3—network infrastructure that is—
(i) not owned or controlled by a network operator, and
(ii) used to provide network services within the meaning of the National Electricity Rules,
(d) class 4—network infrastructure that—
(i) provides for the continuous and safe scheduling, operation and control of the power system within the meaning of the National Electricity Rules, and
(ii) is not class 1 or 2.
The consumer trustee may, on the request of a relevant person, give the relevant person advice about a network infrastructure project.
The consumer trustee may also give the advice to other relevant persons.
In this clause—
(a) the Minister,
(b) the infrastructure planner,
(c) the Energy Corporation.
The consumer trustee must not make a recommendation under the Act, section 31(1)(a) that the Minister give a direction under the Act, section 32 unless the consumer trustee is satisfied the direction is reasonably necessary to achieve the infrastructure investment objectives.
A recommendation by the consumer trustee must include the recommended contractual arrangements.
The consumer trustee is not required to assess or review the recommended contractual arrangements before including them in a recommendation.
For a recommendation under the Act, section 31(1)(a), the consumer trustee is not required to consider technical information when considering the infrastructure planner’s recommendations about a REZ network infrastructure project, other than technical information—
(a) specified in clause 44, and
(b) provided to the consumer trustee in the infrastructure planner’s recommendation.
An authorisation by the Minister under the Act, section 36(2) must require the network operator to enter into the recommended contractual arrangements.
(Repealed)
An authorisation by the Minister under the Act, section 36(2) ceases to have effect on the termination or expiry of the contractual arrangements entered into by the network operator under the authorisation.
This clause applies to an authorisation by the consumer trustee under the Act, section 31(1)(b).
The consumer trustee must not authorise a network operator to carry out a REZ network infrastructure project unless satisfied the project is in the long-term financial interests of NSW electricity customers.
In determining whether it is satisfied the project is in the long-term financial interests of NSW electricity consumers under subclause (2), the consumer trustee must—
(a) undertake a cost benefit analysis of the project in accordance with clause 19C and give primary consideration to the analysis, or
(b) give primary consideration to the most recent infrastructure investment objectives report as at the time of the infrastructure planner’s recommendation in relation to the authorisation.
If the quantitative measurements of the cost benefit analysis are negative, the consumer trustee may be satisfied the project is in the long-term financial interests of NSW electricity customers having regard to both the quantitative measurements and qualitative elements of the cost benefit analysis.
When authorising a network operator the consumer trustee is also required to do so in a way that is consistent with the objects of the Act. See the Act, section 3(3).
In making an authorisation, the consumer trustee is not required to—
(a) investigate the accuracy of the infrastructure planner’s recommendations about the project, or
(b) consider technical information except for the technical information specified in clause 44, or
(c) consider the technical information provided to the consumer trustee in the infrastructure planner’s recommendation, or
(d) assess or review recommended contractual arrangements by the infrastructure planner before including them in an authorisation.
An authorisation must require the network operator to enter into the recommended contractual arrangements.
An authorisation ceases to have effect on the termination or expiry of the contractual arrangements entered into by the network operator under the authorisation.
A cost benefit analysis for an authorisation must consider the following—
(a) the costs to the NSW electricity customers from the project,
(b) the benefits to NSW electricity customers from generation and storage infrastructure connecting to the project,
(c) the costs and benefits under different scenarios,
(d) if required to understand the impact of uncertainty in the project’s costs and benefits—a sensitivity analysis,
(e) the costs or benefits from the expected change in greenhouse gas emissions as a result of the project,
(f) the costs to finance the project, including interest costs.
The cost benefit analysis must—
(a) not include scenarios inconsistent with the infrastructure investment objectives, and
(b) not include an options analysis of alternatives or variants to the REZ network infrastructure projects recommended by the infrastructure planner, and
(c) not assess distributional impacts or carry out a distributional analysis, and
(d) not consider the costs and benefits to government or electricity producers as a result of the REZ network infrastructure project.
The cost benefit analysis must be in accordance with the NSW Government Guide to Cost-Benefit Analysis published by the NSW Treasury on its website from time to time.
See the TPG23-08NSW Government Guide to Cost-Benefit Analysis published by the NSW Treasury, February 2023.
If there is inconsistency between the requirements under subclauses (1) and (2) and the NSW Government Guide to Cost-Benefit Analysis, the requirements under subclauses (1) and (2) prevail.
Without limiting any other disclosure, the consumer trustee may disclose the assumptions, scenarios, results or forecasted costs and benefits in relation to the cost benefit analysis to—
(a) the Secretary, or
(b) the infrastructure planner.
A direction given by the Minister under the Act, section 32 must—
(a) specify the grounds on which the Minister is satisfied giving the direction is consistent with the objects of the Act, and
(a1) require the network operator to enter into the recommended contractual arrangements, and
(b) contain other matters the Minister considers relevant.
A direction given by the Minister under the Act, section 32 that a network operator carry out a REZ network infrastructure project must also specify—
(a) the class of the network infrastructure as specified in clause 17, and
(b) the technical specifications for the network infrastructure project set out in a recommendation by the infrastructure planner to the consumer trustee under the Act, section 30.
A direction ceases to have effect on the termination or expiry of the contractual arrangements entered into by the network operator under the direction.
A person (the
(a) a network operator is subject to an authorisation in relation to network infrastructure, and
(b) all or part of the network infrastructure to which the authorisation relates is transferred from the network operator (the
transferor ), and(c) the authorisation provider approves the transferee being taken to be a network operator to whom the Act, Part 5, Division 3 applies—
(i) for all of the network infrastructure, or
(ii) for the part of the network infrastructure transferred.
If the Energy Corporation is the infrastructure planner in relation to the transferred network infrastructure—
(a) the Energy Corporation may make a recommendation to the authorisation provider in relation to whether to give approval under subclause (1)(c), and
(b) the authorisation provider must consider the Energy Corporation’s recommendation before giving approval.
If all of the network infrastructure is transferred to the transferee, a revenue determination that, immediately before the approval, applied to the transferor, is taken to apply to the transferee on the approval of the authorisation provider.
If part of the network infrastructure is transferred to the transferee, the regulator must, on the approval of the authorisation provider—
(a) make a revenue determination in relation to the transferee and the transferred network infrastructure, or
(b) if satisfied the making of a revenue determination is not required in the circumstances—carry out an adjustment of, or review and remake, another revenue determination that applies to the transferee in accordance with clause 54AA(3).
Despite subclause (3), if an adjustment is carried out of a revenue determination that applied to the transferor before a transfer—
(a) the transferor is required to pay any amount payable to the scheme financial vehicle relating to the period before the transfer, and
(b) the scheme financial vehicle is required to pay any amount payable to the transferor relating to the period before the transfer.
To avoid doubt, the transferee is not entitled to receive amounts paid to the transferor by the scheme financial vehicle before the transfer.
In this clause—
(a) for an authorisation referred to in the Act, section 36(4), definition of
authorisation , paragraph (a)—the consumer trustee, and(b) for an authorisation referred to in the Act, section 36(4), definition of
authorisation , paragraph (b) or (c)—the Minister.
In this Part—
(a) the amount paid by an LTES operator or the scheme financial vehicle on the exercise of an option is the difference between—
(i) the regional reference price in the wholesale electricity market, and
(ii) the fixed price for electricity under the LTES agreement, settled against the delivery of specified amounts of electricity at specified times of day, and
(b) the LTES operator has financial exposure to the wholesale electricity market.
For the purposes of the Act, section 43, definition of
(a) until 30 June 2028—the interim reliability measure specified in the National Electricity Rules, clause 3.9.3C(a1),
(b) from 1 July 2028—the reliability standard specified in the National Electricity Rules, clause 3.9.3C(a).
An infrastructure investment objectives report must contain the following—
(a) how the infrastructure required under the development pathway specified in the report will assist in achieving the infrastructure investment objectives,
(b) information about the expected timing, staging and sequencing of the construction of—
(i) the infrastructure required under the development pathway, and
(ii) REZ network infrastructure projects that may be required,
(c) a comparative assessment of the merits of constructing long-duration storage infrastructure that exceeds the minimum objective specified in the Act, section 44(3)(b) and firming infrastructure to meet the reliability standard,
(d) a forecast of wholesale electricity costs and costs for NSW electricity customers that are due to contributions required to be paid by distribution network service providers under the Act, section 58,
(e) details of the current, planned and expected construction and operation of infrastructure for the supply of electricity in New South Wales and the national electricity market,
(f) an analysis, including the methodology, of the risks to NSW electricity customers of early or delayed investment in infrastructure to which the Act, Part 6 applies,
(g) an estimate of the amount of electricity in gigawatt hours that is equivalent to the gigawatts of capacity required under the minimum objectives specified in the Act, section 44(3), using information in the 2020 Integrated System Plan published by AEMO under the National Electricity Rules.
An infrastructure investment objectives report, other than the first report prepared under the Act, section 45(2)(a), must also contain the following—
(a) a description of the changes since the previous report to—
(i) the development pathway, and
(ii) the plan for competitive tenders under the Act, section 45(1)(b),
(b) the outcomes of tenders carried out since the previous report, including—
(i) the number of persons who made a bid in each tender, including the number of eligible and ineligible bids according to the rules made under the Act, section 47(5), and
(ii) the number of LTES agreements recommended by the consumer trustee after each tender, and
(iii) the number of LTES agreements entered into,
(c) details of the infrastructure constructed, or proposed to be constructed, under LTES agreements entered into, or agreed to be entered into, since the previous report,
(d) an assessment of the progress in achieving the minimum objectives specified in the Act, section 44(3),
(e) an assessment of the resilience of the NSW electricity system in relation to lulls in variable renewable energy sources, as it relates to the development pathway in the report, including by reference to climate modelling.
The consumer trustee must take the following into account in preparing an infrastructure investment objectives report—
(a) any target breaches identified in the most recent energy security target monitor report,
(b) the forecast of unserved energy from the most recent statement of opportunities published by AEMO under the National Electricity Rules,
(c) the most recent Integrated System Plan published by AEMO under the National Electricity Rules,
(d) market conditions, including supply chains and labour and capital constraints,
(e) the payments required to be made by the scheme financial vehicle under existing and planned LTES agreements,
(f) how the development pathway in the infrastructure investment objectives report will contribute to the object of the Act, specified in the Act, section 3(1)(a),
(g) the resilience of the NSW electricity system in relation to lulls in variable renewable energy sources, including by reference to climate modelling.
Subclause (1)(g) does not apply to the first infrastructure investment objectives report prepared under the Act, section 45(2)(a).
When preparing the development pathway for an infrastructure investment objectives report, the consumer trustee must—
(a) take into account several scenarios for the construction of generation, long-duration storage and firming infrastructure in New South Wales, and
(b) analyse the resilience of the outcomes for each scenario, including in relation to—
(i) the reliability of supply, and
(ii) the financial exposure risks to NSW electricity customers.
This clause does not limit the matters the consumer trustee may take into account in preparing an infrastructure investment objectives report.
The consumer trustee must conduct a competitive tender in a way that—
(a) encourages genuine competition between the persons making tender bids, and
(b) encourages competition between market participants, and
(c) encourages tender bids from persons who are not already parties to LTES agreements, and
(d) is transparent, open and fair for all persons making tender bids.
Subclause (1)(d) does not require the consumer trustee to disclose information the consumer trustee considers confidential or commercially sensitive.
Before conducting a competitive tender involving an LTES agreement for the construction and operation of generation infrastructure that includes an option to exercise a derivative arrangement that is not a fixed shape, fixed volume derivative arrangement, the consumer trustee must be satisfied that—
(a) the arrangement is in the long-term financial interests of NSW electricity customers, and
(b) the arrangement allows for the reasonable forecasting of financial impacts to NSW electricity customers, including impacts arising from the volume of electricity produced by the LTES operator throughout the day and over the term of the agreement, and
(c) the risks, including the basis risk, associated with the arrangement can be managed under the risk management framework.
When conducting a competitive tender, the consumer trustee must consider recent trends and changes in the following—
(a) electricity infrastructure technology,
(b) the national electricity market,
(c) the behaviour of customers and market participants.
The assessment of the financial value of a tender bid must consider the effect of the infrastructure proposed to be constructed and operated under an LTES agreement on the following—
(a) wholesale electricity costs,
(b) the costs of network infrastructure, including REZ network infrastructure projects, required to support the infrastructure that will be constructed and operated under the LTES agreement,
(c) the costs of other services associated with power system security,
(d) the payments that will be required to be made by the scheme financial vehicle under LTES agreements,
(e) other matters the consumer trustee considers relevant.
When assessing a tender bid for an LTES agreement for firming infrastructure or long-duration storage infrastructure, the consumer trustee must also consider the following—
(a) how the proposed infrastructure to be supported under the agreement will support the reliability of electricity supply in the NSW region, assuming the following—
(i) that each relevant NSW generating unit will close during the 2034 objective investment period,
(ii) the weather is consistent with a historical year the consumer trustee considers to be a year in which a lull in variable renewable energy sources likely contributed most to unserved energy,
(b) if the tender bid includes a claim that the construction of the infrastructure proposed to be supported under the agreement will avoid or defer costs of projected regulated investment in the network—the potential of the construction to avoid or defer the costs, having regard to—
(i) information included in the tender bid, and
(ii) other publicly available information the consumer trustee considers appropriate to consider the claim.
The consumer trustee must—
(a) ensure the costs to the consumer trustee of carrying out a competitive tender are reasonable, and
(b) minimise the costs of making a tender bid for the persons making tender bids.
In this clause—
(a) is located in the New South Wales region, and
(b) has a maximum generation capacity of 200 megawatts or more, and
(c) as at 31 March 2025—for which the expected closure year is 2040 or earlier.
For the Act, section 48(4)(a), a circumstance in which an LTES agreement shows outstanding merit includes the consumer trustee being satisfied the agreement shows more merit than other LTES agreements for generation infrastructure recommended by the consumer trustee.
For the Act, section 48(4)(b), the consumer trustee must take the following into account in making a recommendation that relates to generation infrastructure specified in the Act, section 43(1)(a) that is not, or will not be, part of a renewable energy zone—
(a) the long-term financial interests of NSW electricity customers,
(b) how the LTES agreement contributes to achieving the infrastructure investment objectives,
(c) the non-financial value criteria of the LTES agreement,
(d) the impact of generation infrastructure under the LTES agreement on congestion in the NSW region.
The minimum notice period for the Act, section 46(2)(d) is 6 months before the exercise of the option.
A person may not make a tender bid in a competitive tender for an LTES agreement for infrastructure if—
(a) the infrastructure is not connected, or proposed to be connected, to network infrastructure in the NSW region, or
(b) an access right for the infrastructure has already been conferred on the person under an access scheme as a result of a competitive tender conducted by the consumer trustee.
Subclause (1)(b) does not apply if the consumer trustee is satisfied there are exceptional circumstances.
A person may not make a tender bid in a competitive tender for an LTES agreement for generation infrastructure if the infrastructure involves generation from wood waste from timber native to Australia.
A person may not make a tender bid in a competitive tender for an LTES agreement for firming infrastructure if the infrastructure involves electricity generated from biomass from timber native to Australia.
A person may not make a tender bid in a competitive tender for an LTES agreement for infrastructure if—
(a) an access right for the infrastructure has already been conferred on the person under an access scheme other than by a competitive tender conducted by the consumer trustee, and
(b) the infrastructure project has achieved the finance and construction criteria.
In this clause—
Rules made under the Act, section 47(5) dealing with eligibility criteria for making a tender bid for generation infrastructure or long-duration storage infrastructure must not restrict—
(a) the location in the NSW region in which the infrastructure may be constructed or operated, or
(b) the type of technology or fuel that may be used to construct or operate the infrastructure.
Rules made under the Act, section 47(5) may provide for the matters specified in subclause (1) to be considered in the assessment of a tender bid.
For the Act, section 47(5)(g), the rules must deal with the assessment of a tender bid against the non-financial value criteria for LTES agreements.
This clause is subject to clause 28(2A).
The consumer trustee may include the following information in a recommendation to the scheme financial vehicle under the Act, section 48—
(a) information obtained or produced during a competitive tender process,
(b) information obtained or produced during the consumer trustee’s assessment of a tender bid, including information obtained or produced by a person acting at the direction of the consumer trustee.
Subclause (1)(b) applies only if the information was obtained or produced for the benefit of the consumer trustee and the scheme financial vehicle.
When making a recommendation about an LTES agreement, the consumer trustee must take into account the non-financial value criteria for LTES agreements.
An LTES agreement for the construction and operation of generation infrastructure must give the LTES operator an option to exercise a derivative arrangement that—
(a) is a fixed shape, fixed volume derivative arrangement, or
(b) is a kind of arrangement the consumer trustee is satisfied—
(i) is in the long-term financial interests of NSW electricity customers, and
(ii) allows for the reasonable forecasting of financial impacts to NSW electricity customers, including impacts arising from the volume of electricity produced by the LTES operator throughout the day and over the term of the agreement, and
(iii) has risks, including basis risk, that can be managed under the risk management framework.
An LTES agreement for generation infrastructure may not be made if the infrastructure involves generation from wood waste from timber native to Australia.
An LTES agreement for firming infrastructure may not be made if the infrastructure involves electricity generated from biomass from timber native to Australia.
A risk management framework must mitigate the following risks—
(a) the risk that the cash balance of the Fund will not be sufficient to make the payments specified in the Act, section 55(b),
(b) the risk to the financial interests of NSW electricity customers of unexpected or significant increases in liabilities for payments by the scheme financial vehicle under LTES agreements from year to year,
(c) the risk of a reduction in the liquidity of the wholesale electricity market, excluding the spot market within the meaning of the National Electricity Rules, if options under LTES agreements are exercised,
(d) the risk that significant increases to contribution determinations under the Act, section 56 will be required to maintain a prudent cash balance for the Fund,
(e) the basis risk to the scheme financial vehicle.
A risk management framework must also—
(a) include information about how the consumer trustee will implement the framework, including details of policies and guidelines to be developed by the consumer trustee, and
(b) provide for a cap on the basis risk to the scheme financial vehicle aggregated across all risk management contracts, and
(c) provide for the scheme financial vehicle to enter into risk management contracts to mitigate the risks specified in the framework, and
(d) require the scheme financial vehicle to demonstrate to the consumer trustee how the basis risk arising from a risk management contract that is a derivative arrangement will be managed, and
(e) set out the requirements for the scheme financial vehicle to report to the consumer trustee about—
(i) the overall performance of the framework, and
(ii) breaches of the framework and risk management contracts.
If a risk management contract provided for by the risk management framework is a derivative arrangement, the scheme financial vehicle must not enter into the contract unless satisfied that entering into the contract—
(a) is a reasonable and appropriate way to mitigate a risk specified in the framework, and
(b) is in the long-term financial interests of NSW electricity customers, and
(c) will not result in the scheme financial vehicle exceeding the cap on basis risk provided for by the framework.
A risk management contract entered into by the scheme financial vehicle under the risk management framework may, but is not required to, include loans or repayable grants to the scheme financial vehicle.
To avoid doubt, subclause (1) does not limit the risks, and in particular the risks to the financial interests of NSW electricity customers, that may be addressed by a risk management framework.
A risk management contract may not be renewed or extended if, at the time of the renewal or extension, the risk management framework does not permit the scheme financial vehicle to enter into the contract.
The scheme financial vehicle must, as soon as practicable after the end of each financial year, prepare a financial report about the Fund.
The financial report must—
(a) be prepared in accordance with the Australian Accounting Standards, and
(b) include information on the net exposure of the scheme financial vehicle to the wholesale electricity market under—
(i) LTES agreements, and
(ii) risk management contracts that are derivative arrangements.
The scheme financial vehicle must prepare monthly records of payments into and from the Fund.
In this clause—
In making a contribution determination, the regulator must take the following into account—
(a) the need to limit variability in contribution determinations from year to year,
(b) the equitable allocation of the contribution determination between distribution network service providers based on each provider’s—
(i) volumetric energy delivery in the previous financial year, and
(ii) peak demand in the previous financial year,
(c) the need for the scheme financial vehicle to be able to meet its liabilities as they fall due,
(d) information provided to the regulator by the consumer trustee, the financial trustee, the infrastructure planner, another regulator or the Tribunal.
In this clause—
The regulator must, within 1 week after a contribution determination is published in the Gazette, give each distribution network service provider a notice setting out the percentage of the contribution determination relating to LTES agreements for generation infrastructure.
A distribution network service provider must calculate the part of the amount payable by the provider under a contribution order that is attributable to each exempt customer (the
A distribution network service provider is authorised to recover the relevant component from an exempt customer if the distribution network service provider gives the exempt customer the following credit against the charges payable by the exempt customer—
(a) for an exempt customer who uses electricity supplied by the distribution network service provider to produce green hydrogen—
(i) if the applicable reference year is before 2029—90% of the relevant component, or
(ii) if the applicable reference year is 2029—60% of the relevant component, or
(iii) if the applicable reference year is 2030—30% of the relevant component,
(b) for an exempt customer who uses electricity supplied by the distribution network service provider in an industry that is both emissions intensive and trade exposed—90% of the part of the relevant component that is attributable to LTES agreements for generation infrastructure.
Subclause (2)(a) ceases to apply to an exempt customer 10 years after 1 July in the reference year.
In this clause—
A contribution order must specify that the amount the distribution network service provider is to pay into the Fund for a financial year is to be paid in 4 equal instalments payable on or before each of the following—
(a) 1 November,
(b) 1 February,
(c) 1 May,
(d) 1 August.
The consumer trustee, the financial trustee and the infrastructure planner must, if requested to do so by the regulator, provide information to the regulator that the regulator considers reasonably necessary to enable the regulator to make a contribution determination.
A regulator must, if requested to do so by another regulator that is making a contribution determination (the
A person may be appointed as consumer trustee only if the person is a company limited by guarantee.
The company limited by guarantee must—
(a) have AEMO as a member, and
(b) not have any other members except for one or more of the following—
(i) the Crown in right of the Commonwealth,
(ii) the Crown in right of New South Wales,
(iii) the Crown in right of another State or Territory, and
(c) be a subsidiary of AEMO, and
(d) have a constitution that sets out—
(i) objects that are not inconsistent with the exercise of the functions of the consumer trustee, and
(ii) the functions of the company’s members, and
(e) enter into an agreement with AEMO that deals with—
(i) the governance arrangements of the company, and
(ii) the provision by AEMO of services to assist the company in exercising its functions as consumer trustee.
This clause applies only to the first person appointed as consumer trustee under the Act, section 60.
In exercising functions under the Act, Part 5, the infrastructure planner must take the following into account—
(a) guidelines issued by the Minister under the Act, section 4,
(b) the plan approved by the Minister under the Act, section 8.
For the Act, section 64(1)(c), the Environment Protection Authority is prescribed, but only for exercising a function in relation to Part 12.
(Repealed)
The consumer trustee has the functions set out in this clause in relation to an access scheme if—
(a) the declaration for the access scheme provides for situations in which the infrastructure planner may grant or increase an access right based on a recommendation from the consumer trustee, or
(b) the infrastructure planner requests the consumer trustee to conduct a competitive tender in relation to the granting or increasing of access rights under the access scheme.
The consumer trustee must—
(a) make rules, in consultation with the infrastructure planner, about the conduct of a competitive tender in relation to the granting or increasing of access rights, and
(b) for a competitive tender requested by the infrastructure planner, conduct the competitive tender—
(i) within 60 days after the request, or
(ii) at the same time as the first competitive tender for an LTES agreement that occurs after 60 days after the request, or
(iii) if there is no competitive tender for an LTES agreement within 8 months of the request—by no later than 8 months after the request, and
(b1) give the infrastructure planner information—
(i) received by the consumer trustee as part of a competitive tender, and
(ii) relating to the type, magnitude and timing of a person’s proposed connection to an access rights network, and
(c) make recommendations to the infrastructure planner based on the outcome of the competitive tender, and
(d) prepare a report on the competitive tender and the recommendations and give the report to the infrastructure planner.
The financial trustee must report to the regulator on the activities of the scheme financial vehicle during a financial year.
The report must be included as part of the report provided by the financial trustee to the regulator under the Act, section 70(1).
The financial trustee may request information from the scheme financial vehicle for the purposes of preparing the report.
In this clause—
The infrastructure planner may request the consumer trustee to conduct a competitive tender in relation to the granting or increasing of access rights—
(a) under an access scheme, and
(b) in accordance with the declaration for the access scheme.
The infrastructure planner for an access scheme must exercise—
(a) the access scheme functions for the access scheme if the infrastructure planner is appointed to administer the access scheme, or
(b) a particular access scheme function for the access scheme if the infrastructure planner is directed to exercise the function in the declaration for the access scheme.
(Repealed)
In this clause—
The infrastructure planner must include the following in an agreement (a
(a) a date (the
nominated date ) agreed to by the participant and infrastructure planner by which the project is to achieve the finance and construction criteria,(b) a right for the infrastructure planner to terminate the access right if the project has not achieved the finance and construction criteria by the nominated date,
(c) a right for the infrastructure planner to vary the nominated date, from time to time, by no more than 2 years from the first nominated date if the infrastructure planner is satisfied the project will achieve the finance and construction criteria within the 2 years,
(d) a condition that the participant must enter into a payment deed with the scheme financial vehicle before the access right is granted or increased,
(e) conditions for the development of the project by the participant.
The infrastructure planner must publish on its website the standard form and content of a development agreement (the
This clause applies if—
(a) the Energy Corporation is appointed as the infrastructure planner for a renewable energy zone, and
(b) the Minister has declared, in accordance with the Act, section 24(1), the access scheme that applies in the renewable energy zone or part of the renewable energy zone.
The infrastructure planner for a renewable energy zone to which an access scheme applies has the following functions—
(a) to coordinate the construction of generation, storage and network infrastructure in the renewable energy zone,
(b) if the declaration specifies that the scheme financial vehicle is, in relation to the access scheme, liable to pay the infrastructure planner the component of fees payable under the Act, section 26 to be held for use for a community purpose or an employment purpose—
(i) to administer, manage and make payments of money held for use for a community purpose or employment purpose, and
(ii) to make guidelines about the administration, management and payment of money under this clause.
Note— See the Energy and Utilities Administration Act 1987, section 35, which establishes the Energy Administration Account.
In this clause—
An infrastructure planner has the following functions—
(a) the functions of an infrastructure planner under the National Electricity Rules, Chapter 9A,
(b) functions ancillary to the functions in paragraph (a),
(c) the functions set out in Schedule 1B.
The Competition and Consumer Act 2010 of the Commonwealth, section 44AAEC extends to and has effect for the purposes of the Act and this regulation.
The infrastructure planner must assess and make recommendations about the following—
(a) proposed REZ network infrastructure projects,
(b) priority transmission infrastructure projects in relation to which the infrastructure planner is appointed,
(c) network operators who may be authorised or directed to carry out—
(i) a REZ network infrastructure project, or
(ii) a priority transmission infrastructure project,
(d) other persons who may assist the network operator to carry out—
(i) a REZ network infrastructure project, or
(ii) a priority transmission infrastructure project,
(e) the contractual arrangements that a network operator may be required to enter into to carry out a REZ network infrastructure project or priority transmission infrastructure project under an authorisation (the
recommended contractual arrangements ).
The infrastructure planner may decide—
(a) the extent of an assessment under subclause (1), and
(b) how the assessment will be carried out, including whether to carry out a competitive assessment process.
An assessment and recommendation made by the infrastructure planner in relation to a priority transmission infrastructure project must be provided to the Minister.
An assessment and recommendation about a REZ network infrastructure project must be provided to the consumer trustee under the Act, section 30(1).
For the purposes of the Act, section 34(2)(d), the Minister must consider an assessment and recommendation by the infrastructure planner before giving—
(a) a direction under the Act, section 32(1)(b), or
(b) an authorisation under the Act, section 36(2).
The infrastructure planner’s assessment and recommendations about a REZ network infrastructure project must deal with the following—
(a) technical specifications about the following—
(i) proposed routes of the network infrastructure, including substation locations,
(ii) connections between proposed and existing network infrastructure,
(iii) the operating voltages and network capacity of the network infrastructure,
(b) how the project will ensure the safe operation of the network infrastructure and the reliability and security of electricity supply,
(c) how the project will meet the system strength requirements under the National Electricity Rules for the NSW region,
(d) if the project includes class 3 network infrastructure—details of the person who is proposed to own or control the network infrastructure.
The infrastructure planner may carry out a competitive assessment process in relation to—
(a) a proposed REZ network infrastructure project, or
(b) a priority transmission infrastructure project in relation to which the infrastructure planner is appointed.
The competitive assessment process must involve a request from the infrastructure planner for a binding bid from—
(a) 2 or more network operators proposing to carry out all or part of the project, or
(b) 2 or more persons who will assist network operators to carry out all or part of the project.
The infrastructure planner must, for network operators and other persons who may be requested to make a binding bid, develop—
(a) eligibility criteria, and
(b) a selection process.
Before and during a competitive assessment process, the infrastructure planner must—
(a) consult with the regulator, and
(b) provide the regulator with information about and obtained from the competitive assessment process, if requested.
If the competitive assessment process is for a contestable augmentation, the infrastructure planner may work with the network operator for the related project when carrying out the functions under subclauses (1)–(4).
In the exercise of the regulator’s functions under the Act, Part 5, the regulator must rely on and adopt information if—
(a) the information was given to the regulator—
(i) by the infrastructure planner, or
(ii) by the network operator under clause 48(1A)(a), and
(b) the infrastructure planner or network operator obtained the information from a competitive assessment process, and
(c) the regulator is satisfied the competitive assessment process was genuine and appropriate.
The following principles are prescribed—
(a) a genuine and appropriate competitive assessment process—
(i) results in the costs of carrying out an infrastructure project being prudent, efficient and reasonable, and
(ii) provides incentives to promote economic efficiency, and
(iii) results in revenue for the ongoing ownership, control and operation of the infrastructure project being commensurate with the regulatory and commercial risks,
(b) a network operator is entitled to recover the following—
(i) prudent, efficient and reasonable costs incurred by the network operator in complying with a regulatory requirement,
(ii) payments required to be made by the network operator to the infrastructure planner under a contractual arrangement, if the network operator was required to enter the contractual arrangement under the relevant authorisation,
(iii) reasonable costs incurred by the network operator, as assessed by the regulator, if the regulator fails to make a revenue determination within the time period specified in clause 50,
(c) an appropriate referenced costs process—
(i) results in the costs of carrying out an infrastructure project being prudent, efficient and reasonable, and
(ii) provides incentives to promote economic efficiency, and
(iii) results in revenue for the ongoing ownership, control and operation of the infrastructure project being commensurate with the regulatory and commercial risks.
The regulator must, when assessing reasonable costs for the purposes of subclause (1)(b)(iii), take into account whether the network operator contributed to the delay.
In this clause—
(a) the Act or this Regulation,
(b) the National Electricity (NSW) Law or the National Electricity Rules,
(c) an Act, including an instrument made under that Act, that—
(i) imposes a tax or levy, or
(ii) relates to the protection of the environment, or
(iii) regulates the use of land, or
(iv) otherwise materially affects the carrying out of the infrastructure project by the network operator.
The regulator must—
(a) prepare guidelines setting out how the regulator will exercise functions under the Act, Part 5, and
(b) publish the regulator’s guidelines on the regulator’s website.
The regulator’s guidelines must be consistent with the Act and this Regulation.
Different regulator’s guidelines may be made for contestable revenue determinations and non-contestable revenue determinations.
This clause applies to regulator’s guidelines for non-contestable revenue determinations.
The regulator must make a non-contestable revenue determination in accordance with the regulator’s guidelines for non-contestable revenue determinations.
The regulator must—
(a) ensure the regulator’s guidelines set out how a non-contestable revenue determination will be made by the regulator, including how the regulator will make a determination under clause 47E(4) for a contestable augmentation, and
(b) as far as is reasonably practicable, make the regulator’s guidelines consistent with the National Electricity Rules, Chapter 6A as that Chapter applies to the AER making a transmission determination.
The regulator’s guidelines for non-contestable revenue determinations must deal with matters set out in the National Electricity Rules, Chapter 6A, including the following—
(a) the building blocks approach,
(b) the regulatory asset base,
(c) return on capital,
(d) depreciation,
(e) the estimated cost of corporate income tax,
(f) forecast operating expenditure,
(g) forecast capital expenditure,
(h) reopening of a revenue determination for capital expenditure,
(i) network support pass through,
(j) cost pass through,
(k) shared assets.
The regulator’s guidelines for non-contestable revenue determinations must not deal with the following matters under the National Electricity Rules, Chapter 6A—
(a) pricing,
(b) benchmarking reports,
(c), (d) (Repealed)
(e) the X-factor,
(f) small-scale incentive schemes,
(g) demand management innovation allowance mechanism,
(h) contingent projects,
(i) transmission consultation procedure,
(j) removal of assets from the regulatory asset base.
The regulator’s guidelines for non-contestable revenue determinations must set out how the regulator must—
(a) apply the regulator’s guidelines for contestable revenue determinations to a contestable component of a revenue determination in relation to which the regulator is satisfied the competitive assessment process was genuine and appropriate, and
(b) apply the regulator’s guidelines for non-contestable revenue determinations to a contestable component of a revenue determination in relation to which the regulator is not satisfied the competitive assessment process was genuine and appropriate.
The regulator’s guidelines for non-contestable revenue determinations must include the schemes and models to be used by the regulator in making a non-contestable revenue determination, including the following—
(a) an efficiency benefit sharing scheme,
(b) a capital expenditure sharing scheme,
(c) a post-tax revenue model,
(d) a roll forward model.
The regulator’s guidelines for non-contestable revenue determinations must provide that the schemes specified in subclause (1)(a) and (b) do not apply to a contestable component of a non-contestable revenue determination.
The regulator’s guidelines for non-contestable revenue determinations must also include a service target performance incentive scheme to be used by the regulator in remaking a non-contestable revenue determination under the Act, section 40.
The schemes and models included in the regulator’s guidelines under this clause must be consistent with the equivalent schemes and models under the National Electricity Rules, Chapter 6A.
Before amending the regulator’s guidelines, the regulator must—
(a) publish the proposed amendment on the regulator’s website for a period of at least 20 business days, and
(b) consider any submissions received within the period.
Subclause (1) does not apply to—
(a) the first publication of the regulator’s guidelines under clause 47(1)(b), or
(b) an amendment the regulator considers minor or administrative.
This clause extends to an amendment of a scheme or model included in the regulator’s guidelines.
This clause applies to the making of a non-contestable revenue determination.
Before determining the amount for the component under the Act, section 38(2)(a), the regulator must calculate the depreciation using the depreciation schedules prepared in accordance with the National Electricity Rules, Chapter 6A.
The regulator must modify the depreciation schedules for the purposes of subclause (2) if satisfied that it is reasonably necessary to ensure—
(a) the revenue determination is consistent with the objects of the Act specified in the Act, section 3(1)(a)–(c), and
(b) the network operator is capable of efficiently obtaining finance to carry out the infrastructure project.
When determining the amount for the component under the Act, section 38(2)(b), the regulator must apply the current rate of return instrument made by the AER under the National Electricity (NSW) Law, section 18I, as in force at the time of the revenue determination.
The regulator must take into account contractual arrangements entered into by a network operator as required under a relevant authorisation for a previous contestable revenue determination if—
(a) the regulator is establishing the value of the regulatory asset base for the purposes of a non-contestable revenue determination, and
(b) a contestable revenue determination was previously made in relation to all or part of the same network infrastructure.
The regulator must determine the amount for the components under the Act, section 38(2) for a revenue determination for a contestable augmentation in accordance with this clause.
The regulator must determine the amount for the component in accordance with the regulator’s guidelines for contestable revenue determinations if—
(a) the costs of the component are derived as a result of a competitive assessment process, and
(b) the regulator is satisfied the competitive assessment process was genuine and appropriate.
The regulator must determine the amount for the component by relying on and adopting information provided by the network operator or infrastructure planner if—
(a) subclause (2) does not apply to the component, and
(b) the regulator is satisfied—
(i) the existing contractual arrangements contain an appropriate referenced costs process, and
(ii) the amount is determined using the appropriate referenced costs process.
The regulator must determine the amount for a component in accordance with the regulator’s guidelines for non-contestable revenue determinations if subclauses (2) and (3) do not apply to the component.
The regulator, when making a determination under this clause, must take into account—
(a) the existing contractual arrangements, including incentive regimes in the contractual arrangements, and
(b) any other contract entered into by the network operator under an authorisation in relation to the contestable augmentation, including incentive regimes in the contract.
A revenue determination for a contestable augmentation is made after each of the amounts for the components determined under this clause is added to make a single determination.
In this clause—
A network operator must give the regulator the information about the proposed amounts payable to the network operator for carrying out an infrastructure project that the regulator reasonably requires to exercise the regulator’s functions under the Act, Part 5.
A network operator who is subject to an authorisation for a contestable augmentation must give the regulator the following information that the regulator reasonably requires to exercise the regulator’s functions under the Act, Part 5—
(a) information about and obtained from a competitive assessment process,
(b) information relevant to determining an amount under clause 47E(3).
The information must be given before a revenue determination is made in relation to the network operator.
The network operator must prepare the information in accordance with—
(a) the guidelines published by the regulator about the transmission efficiency test, and
(b) the guidelines published by the regulator under clause 47, and
(c) other requirements notified by the regulator to the network operator.
The regulator must take into account the information given by the network operator when—
(a) calculating the transmission efficiency test, and
(b) making a revenue determination
The regulator must consult the infrastructure planner before making a revenue determination.
If the revenue determination relates to a REZ network infrastructure project, the regulator must also consult with the consumer trustee.
The infrastructure planner must give the regulator all information about an infrastructure project that the regulator considers necessary to make the revenue determination, including—
(a) information about or obtained from a competitive assessment process, or
(b) information relevant to determining an amount under clause 47E(3).
The consumer trustee must give the regulator information about the amount notified to the regulator under the Act, section 31(2) that the regulator considers necessary to make the revenue determination.
The regulator must make a revenue determination in relation to a network operator within the following period after the regulator has received the information from the network operator required by clause 48—
(a) for a contestable revenue determination—42 business days,
(a1) for a revenue determination for a contestable augmentation—84 business days,
(b) otherwise—126 business days.
The regulator may, by written notice to the network operator, extend the time period under subclause (1)(a) by a further 42 business days if the regulator is satisfied that the extension is reasonably necessary because—
(a) the revenue determination is complex, and
(b) some of the information from the network operator was obtained other than from a competitive assessment process.
The regulator may, by written notice to the network operator, extend the time period under subclause (1)(a1) by a further 42 business days if the regulator is satisfied the extension is reasonably necessary because—
(a) the revenue determination is complex, and
(b) the regulator has been unable to satisfy itself of one or more of the matters specified in clause 47E(2)(b) or (3)(b).
As soon as practicable after the regulator fails to make a revenue determination within the period required by this clause, the regulator must—
(a) prepare a report that specifies—
(i) the reasons for the failure, and
(ii) the date by which the regulator expects to make the revenue determination, and
(b) give the report to the Minister, and
(c) publish the report on the regulator’s website.
Allowances for the following are prescribed as components of a non-contestable revenue determination—
(a) indexation of the regulatory asset base,
(b) the estimated cost of corporate income tax of the network operator,
(c) an increase or decrease in the network operator’s revenue resulting from the operation of the schemes included in the regulator’s guidelines under clause 47B(1)(a) and (b) and (2),
(d) repayment of prudent, efficient and reasonable capital costs not included in the component specified in the Act, section 38(2)(a),
(e) other risks for which the network operator is not already compensated under the component specified in the Act, section 38(2)(b).
A revenue determination may include provision for the adjustment of any amount included in the revenue determination, whether or not the amount relates to a capital cost.
A provision in a revenue determination for adjustment may specify the following—
(a) that a particular adjustment must be carried out at particular times or in particular circumstances, including circumstances where network infrastructure to which the revenue determination relates is transferred,
(b) that a particular adjustment may or may not require the revenue determination to be reviewed and remade.
Example— An adjustment may be made for inflation without a review or remake of the revenue determination. The occurrence of a significant event may require the revenue determination to be reviewed and remade.
All adjustments, whether or not the revenue determination is reviewed and remade, must be carried out in accordance with—
(a) the guidelines issued under clause 47, and
(b) for a contestable revenue determination or a contestable component of a non-contestable revenue determination—the contractual arrangements the network operator entered into as required under the relevant authorisation, and
(c) for a revenue determination for a contestable augmentation—
(i) the existing contractual arrangements, and
(ii) for an amount determined under clause 47E(2)—another contract entered into by the network operator if—
(A) the contract is entered into under an authorisation in relation to the contestable augmentation, and
(B) the regulator is satisfied the contract was made following a genuine and appropriate competitive assessment process, and
(iii) for an amount determined under clause 47E(3)—adjustments set out in an appropriate referenced costs process.
In reviewing and remaking a determination for the purposes of adjustment, the regulator may adopt, without recalculation, the existing capital costs calculated using the transmission efficiency test for the previous determination.
A revenue determination may include provision for adjustment that is to be carried out in relation to the termination or expiry of the contractual arrangements entered into by the network operator under the relevant authorisation.
(c) 1 member appointed under section 7(2)(a)(viii) of the Act, and
(d) 1 member appointed under section 7(2)(a)(ix) of the Act, and
(e) the Energy Corporation.
A decision supported by the majority of votes cast at a Board meeting at which a quorum is present is the decision of the Board, subject to subclauses (2)–(4).
A majority must consist of—
(a) a majority of the votes cast by the members appointed under section 7(2)(a)(i)–(vii) of the Act, and
(b) a majority of the votes cast by the members appointed under section 7(2)(a)(viii) and (ix) and (c) of the Act and the Energy Corporation.
If there is an equality of votes among the votes cast by the members specified in subclause (2)(a), the member who is also appointed as joint chairperson under section 7(3)(a) of the Act has a second or casting vote.
If there is an equality of votes among the votes cast by the members specified in subclause (2)(b), the member who is also appointed as joint chairperson under section 7(3)(b) of the Act has a second or casting vote.
The Board may, if it thinks fit, transact any of its business—
(a) by the circulation of papers, by email or other electronic means, among all members, or
(b) at a meeting at which all or some members participate by telephone, audio-visual link or other means, but only if a member who speaks on a matter at the meeting can be heard by the other members.
If the Board transacts its business by the circulation of papers under subclause (1)(a), a written resolution approved in writing by a majority of the members, as specified in clause 7 of this Schedule, is taken to be a decision of the Board made at a Board meeting.
For the purposes of a meeting held under subclause (1)(b) or the approval of a resolution under subclause (2), each member has the same voting rights as at an ordinary Board meeting.
A resolution approved under subclause (2) is to be recorded in the minutes of the Board meeting.
An appointed member may, at any time with the approval of the Secretary, appoint a person to act in the place of the appointed member during the absence or illness of the member.
While acting in the place of the appointed member, the alternate member has all the functions of the appointed member and is taken to be an appointed member.
The Secretary may delegate the Secretary’s function under subclause (1) to an employee of the Department.
The Board must keep minutes of each Board meeting and the minutes must include all decisions of the Board.
The Minister may issue a code of conduct for appointed members.
The Secretary may call the first Board meeting as the Secretary thinks fit.
clause 42C
To administer the access scheme.
To establish, administer, regularly update and operate a publicly available register for access rights under the access scheme.
To ensure the register specifies—
(a) whether the access fee for each participant in an access scheme includes a component that is attributable to the centralised provision of system strength for the access rights network, and
(b) if paragraph (a) applies—the megawatt capacity in relation to which the component is payable.
To ensure the register also specifies—
(a) whether each participant in the access scheme is subject to a REZ access standard, and
(b) if paragraph (a) applies—the details of the REZ access standard applicable to the participant.
For a competitive tender, in relation to the granting or increasing of access rights, not conducted by the consumer trustee—
(a) to make rules about the conduct of the competitive tender, and
(b) to conduct the competitive tender in accordance with the rules.
For a competitive tender, in relation to the granting or increasing of access rights, conducted by the consumer trustee—to provide to the consumer trustee information relevant to—
(a) determining fees payable under the Act, section 26, and
(b) conducting the competitive tender.
To determine the eligibility criteria for the grant or increase of access rights to participants in the access scheme—
(a) in consultation with the consumer trustee, and
(b) before the competitive tender is conducted.
To determine the terms and conditions for the grant or increase of access rights to participants in the access scheme.
To assess and determine the grant or increase of access rights to participants in the access scheme.
To consider, assess and determine proposals—
(a) in relation to the grant or increase of access rights to participants in the access scheme, and
(b) made in accordance with the access scheme for the augmentation of network infrastructure in the renewable energy zone in which the access scheme is located.
The consideration, assessment and determination of proposals includes whether the grant or increase may involve the following—
(a) the contestable provision of services related to assets required for connection under the National Electricity Rules,
Note— See the National Electricity Rules, clause 9A.4.3.
(b) the provision of negotiated transmission services under the National Electricity Rules by the network operator for an access rights network under the access scheme,
(c) the giving of consent to—
(i) the design and construction of a designated network asset, or
(ii) the conversion of a dedicated connection asset to a dedicated network asset,
Note— See the National Electricity Rules, clause 9A.4.3.
(d) the giving of a written direction to a network operator to publish or give information for a relevant network infrastructure project.
Note— See the National Electricity Rules, clauses 5.2A.5 and 9A.4.3.
As soon as practicable after the grant or increase of access rights to participants in the access scheme—
(a) to notify the network operator for an access rights network under the access scheme of the grant or increase, and
(b) to give the network operator for an access rights network under the access scheme the information relating to the type, magnitude and timing of proposed connections to the access rights network.
In this clause—
To assess and approve connections to, and disconnections from, an access rights network or access control network under the access scheme, including to give consent in accordance with the following provisions of the National Electricity Rules—
(a) clause 5.3.4(a1) and (a2),
(b) clause 5.3.6(a4) and (a5),
(c) clause 5.3.9(b1).
See the National Electricity Rules, clauses 9A.5.5(a), 9A.5.6(b) and 9A.5.8.
To determine notification readiness criteria that must be met to determine the notification response trigger date, having regard to—
(a) whether the access rights network or part of the access rights network is a considered project, and
(b) the network information required to be included in a response to an access right notification under the National Electricity Rules, Chapter 9A.
See the National Electricity Rules, clause 9A.5.3.
In this clause—
To assess, calculate, forecast, determine and implement technical matters for the access scheme, including in relation to the following—
(a) network capacity,
(b) network constraints,
(c) network utilisation,
(d) access rights,
(e) maximum capacities applying during different periods.
To specify the functional specification for any designated network asset or identified user shared asset—
(a) that will form part of an access rights network under the access scheme, and
(b) to which the giving of a consent in accordance with the National Electricity Rules, clause 9A.4.3 relates.
In this clause—
To extend, if applicable, the term of the access scheme.
To give notices or publish information in relation to the access scheme.
Within 30 business days after varying a nominated date under clause 42CA(1)(c), to publish reasons on its website for varying the nominated date.
To not publish commercially sensitive information as determined by the infrastructure planner unless in accordance with the Act or regulations.
For a proposed amendment of the declaration for the access scheme—
(a) to consider, consult on and assess the proposal, and
(b) to provide advice to the Minister, and
(c) to determine voting procedures.
To conduct an application process if the infrastructure planner considers it is necessary for the timely delivery of a REZ network infrastructure project.
To make guidelines—
(a) for inviting, accepting and assessing applications from participants for the grant or increase of access rights without a competitive tender (the
application process ), and(b) setting out the eligibility criteria for participants who may make applications.
To publish on its website the guidelines for the application process and eligibility criteria.
To conduct the application process in accordance with—
(a) the declaration for the access scheme, and
(b) the guidelines for the application process.
Before granting or increasing access rights, to recommend the scheme financial vehicle enters into a payment deed with the access rights holder on certain terms and conditions for the payment of access fees determined by the consumer trustee under the Act, section 26.
To consult with the scheme financial vehicle and consumer trustee on the terms and conditions, including bonding arrangements, of a payment deed between the scheme financial vehicle and access rights holder.
To exercise a right to terminate an access right in accordance with the relevant contract and access scheme declaration if the participant has not achieved the financial and construction criteria by—
(a) the first nominated date if the participant fails to demonstrate to the infrastructure planner the participant can achieve the finance and construction criteria within 2 years of the first nominated date, or
(b) the nominated date as varied by the infrastructure planner.
clause 42E(c)
The infrastructure planner for an access scheme may make REZ access standards.
REZ access standards must address each technical requirement of access for a generating system or integrated resource system specified in the National Electricity Rules, Schedule 5.2.
A REZ access standard may—
(a) be expressed as a range, and
(b) apply differently to different participants.
In this clause—
The infrastructure planner, when making the REZ access standards—
(a) must consult with—
(i) transmission network service providers in New South Wales, and
(ii) if a network operator for the access rights network is subject to an authorisation—the network operator, and
(iii) AEMO, and
(iv) network operators that the infrastructure planner considers may be affected by the REZ access standards, and
(b) may consult other persons the infrastructure planner considers appropriate.
The infrastructure planner must obtain the approval of AEMO before finalising the REZ access standards.
AEMO may consult other parties before determining whether or not to approve the REZ access standards.
The infrastructure planner must publish the REZ access standards on its website.
The infrastructure planner for an access scheme—
(a) must review a REZ access standard for the scheme if—
(i) the capacity cap is increased by 5% or more, and
(ii) because of the increase, the infrastructure planner intends to grant or increase access rights under the scheme, and
(b) may review a REZ access standard for the scheme at any other time.
A review conducted under subclause (1)(a) must be completed before the infrastructure planner or the consumer trustee commences a process to allocate the increased capacity.
The infrastructure planner must—
(a) consult AEMO during the review, and
(b) obtain AEMO’s approval of the outcome of the review, and
(c) if the review recommends amendment of the REZ access standard—implement the recommendation.
An amendment to a REZ access standard must be prepared and made in the same way as a new REZ access standard.
In this clause—
The infrastructure planner for an access scheme may approve an objective proposed by a network operator for the purposes of an exception REZ access standard.
See the National Electricity Rules, clause 9A.6.4.
In this clause—
The infrastructure planner for a renewable energy zone must undertake joint planning for REZ network infrastructure projects related to an IP planned REZ network—
(a) instead of the transmission network service provider for the IP planned REZ network, and
(b) as if the infrastructure planner were the transmission network service provider.
See the National Electricity Rules, clauses 9A.9.6 and 9A.10.
The infrastructure planner for an IP planned REZ network must provide information requested by AEMO for the preparation of—
(a) a draft or final Integrated System Plan, or
(b) an ISP update.
See the National Electricity Rules, clause 9A.10.4(c).
In this clause—
The infrastructure planner may declare a transmission network to not be an IP planned REZ network if—
(a) the network operator for the transmission network is the jurisdictional planning body for New South Wales, and
(b) AEMO has given written approval for the declaration.
See the National Electricity Rules, clause 9A.2.1.
The declaration must be made by written notice published on the infrastructure planner’s website.
Before making the declaration, the infrastructure planner must consult with a network operator if the network operator is subject to an authorisation in relation to the transmission network.
The transmission network ceases to be an IP planned REZ network on the making of the declaration.
This clause applies to part of a transmission network in the same way as it applies to the whole transmission network.
In this clause—
For the purposes of the Act, section 76(2)—
(a) each offence created by a provision specified in this Schedule is an offence for which a penalty notice may be issued, and
(b) the amount payable for the penalty notice is the amount specified opposite the provision.
If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—
(a) the limited kind of offence, or
(b) an offence committed in the limited circumstances.
Column 1 | Column 2 | Column 3 |
Provision | Penalty—corporations | Penalty—individuals |
Section 17(1) | $55,000 | $2,750 |
Section 18(4) | $55,000 | $2,750 |
Section 75(1) | $22,000 | $1,100 |
(Repealed)
clause 3
(a) REZ network infrastructure project, or
(b) a priority transmission infrastructure project.
(a) the project is an augmentation to a network infrastructure project (the
related project ), and(b) the network operator is subject to a contestable revenue determination in relation to the related project.
The information page is available at shape, fixed volume derivative arrangement, for Part 5—see clause 22.
See the National Electricity Rules, clause 9A.2.1.
(a) does not include a contestable component, or
(b) includes at least—
(i) 1 contestable component, and
(ii) 1 component that is not a contestable component.
(a) the use of land,
(b) community engagement activities undertaken by the LTES operator,
(c) how the LTES operator will share with the local community the benefits of the construction and operation of infrastructure under the LTES agreement,
(d) regional economic development in New South Wales,
(e) for firming infrastructure—the extent to which an LTES agreement contributes to a reduction in scope 1 emissions of greenhouse gas in the NSW electricity sector.
(a) made under Schedule 1B, clause 1 by the infrastructure planner for the access scheme, and
(b) expressed as a standard of performance or a range of standards of performance.
Electricity Infrastructure Investment Regulation 2021 (102). LW 12.3.2021. Date of commencement, on publication on LW, cl 2. This Regulation has been amended as follows—
(381) | Electricity Infrastructure Investment Amendment (Consumer Trustee) Regulation 2021. LW 16.7.2021. Date of commencement, on publication on LW, cl 2. | |
(525) | Electricity Infrastructure Investment Amendment Regulation 2021. LW 10.9.2021. Date of commencement, on publication on LW, sec 2. | |
(659) | Electricity Infrastructure Investment Amendment (Safeguard) Regulation 2021. LW 12.11.2021. Date of commencement, on publication on LW, sec 2. | |
(145) | Electricity Infrastructure Investment Amendment Regulation 2022. LW 14.4.2022. Date of commencement, on publication on LW, sec 2. | |
(366) | Electricity Infrastructure Investment Amendment (Miscellaneous) Regulation 2022. LW 8.7.2022. Date of commencement, on publication on LW, sec 2. | |
(382) | Electricity Infrastructure Investment Amendment (Revenue Determinations) Regulation 2022. LW 15.7.2022. Date of commencement, on publication on LW, sec 2. | |
(465) | Electricity Infrastructure Investment Amendment (Governance and Fees) Regulation 2022. LW 19.8.2022. Date of commencement, on publication on LW, sec 2. | |
(578) | Electricity Infrastructure Investment Amendment (Authorisations) Regulation 2022. LW 30.9.2022. Date of commencement, on publication on LW, sec 2. | |
(686) | Electricity Infrastructure Investment Amendment (Non-Contestable Revenue Determinations) Regulation 2022. LW 18.11.22. Date of commencement, on publication on LW, sec 2. | |
(687) | Electricity Infrastructure Investment Amendment (Renewable Energy Sources) Regulation 2022. LW 18.11.22. Date of commencement, on publication on LW, sec 2. | |
(751) | Electricity Infrastructure Investment Amendment (Access Schemes) Regulation 2022. LW 9.12.22. Date of commencement, on publication on LW, sec 2. | |
(785) | Electricity Infrastructure Investment Amendment (Contractual Arrangements) 2022. LW 16.12.2022. Date of commencement, on publication on LW, sec 2. | |
(786) | Electricity Infrastructure Investment Amendment (Cost Recovery) Regulation 2022. LW 16.12.2022. Date of commencement, on publication on LW, sec 2. | |
(787) | Electricity Infrastructure Investment Amendment (Firming) Regulation 2022. LW 16.12.2022. Date of commencement, on publication on LW, sec 2. | |
(348) | Electricity Infrastructure Investment Amendment (Infrastructure Planner) Regulation 2023. LW 30.6.2023 Date of commencement, on publication on LW, sec 2. | |
(601) | Electricity Infrastructure Investment Amendment (Performance Audits) Regulation 2023. LW 10.11.2023. Date of commencement, on publication on LW, sec 2. | |
(6) | Electricity Infrastructure Investment Amendment (Network Infrastructure) Regulation 2024. LW 19.1.2024. Date of commencement, on publication on LW, sec 2. | |
(96) | Electricity Infrastructure Investment Amendment (Consumer Trustee and Infrastructure Planner) Regulation 2024. LW 5.4.2024. Date of commencement of Sch 1[1] and [9]–[15], on publication on LW, sec 2(b); date of commencement of Sch 1[2]–[8], 1.7.2024, sec 2(a). The amendment made by Sch 1[2] was without effect. | |
(405) | Electricity Infrastructure Investment Amendment (Revenue Determinations) Regulation 2024. LW 23.8.2024. Date of commencement, on publication on LW, sec 2. | |
(472) | Electricity Infrastructure Investment Amendment (Firm Capacity) Regulation 2024. LW 13.9.2024. Date of commencement, on publication on LW, sec 2. | |
(626) | Electricity Infrastructure Investment Amendment (Functions) Regulation 2024. LW 13.12.2024. Date of commencement, on publication on LW, sec 2. | |
(627) | Electricity Infrastructure Investment Amendment Regulation 2024. LW 13.12.2024. Date of commencement, on publication on LW, sec 2. | |
(44) | Electricity Infrastructure Investment Amendment (Miscellaneous) Regulation 2025. LW 21.2.2025. Date of commencement, on publication on LW, sec 2. | |
(199) | Electricity Infrastructure Investment Amendment Regulation 2025. LW 9.5.2025. Date of commencement, on publication on LW, sec 2. | |
(328) | Electricity Infrastructure Investment Amendment (Revenue Determinations) Regulation 2025. LW 4.7.2025. Date of commencement, 4.7.2025, sec 2. |
Cl 3 | Am 2021 (525), Sch 1[1]; 2021 (659), Sch 1[1]; 2022 (145), Sch 1[1]; 2022 (366), Sch 1[1] [2]; 2022 (382), Sch 1[1] [2]; 2022 (465), Sch 1[1]; 2022 (686), Sch 1[1]; 2022 (785), Sch 1[1]; 2022 (786), Sch 1[1]; 2022 (787), Sch 1[1]; 2023 (601), Sch 1[1]; 2024 (6), Sch 1[1]. Subst 2024 (96), Sch 1[1]. |
Cl 3A | Ins 2022 (465), Sch 1[2]. |
Part 2, heading | Am 2021 (525), Sch 1[2]. |
Part 2, Div 1, heading | Ins 2021 (525), Sch 1[3]. |
Part 2, Div 2, heading | Ins 2021 (525), Sch 1[4]. |
Cl 8 | Ins 2021 (381), cl 3. Renumbered as cl 17, 2021 (525), Sch 1[6]. Ins 2021 (525), Sch 1[4]. |
Cl 9 | Ins 2021 (525), Sch 1[4]. |
Cl 10 | Ins 2021 (525), Sch 1[4]. |
Cl 11 | Ins 2021 (525), Sch 1[4]. |
Part 2A | Ins 2021 (525), Sch 1[5]. Renumbered as Part 3, 2022 (366), Sch 1[3]. |
Part 3 (previously Part 2A) | Renumbered 2022 (366), Sch 1[3]. |
Cl 12 | Ins 2021 (525), Sch 1[5]. |
Cl 13 | Ins 2021 (525), Sch 1[5]. Am 2021 (659), Sch 1[2]. |
Cl 14 | Ins 2021 (525), Sch 1[5]. Am 2024 (472), Sch 1[1]. |
Cl 15 | Ins 2021 (525), Sch 1[5]. Am 2021 (659), Sch 1[3]; 2022 (465), Sch 1[3]; 2024 (472), Sch 1[2] [3]. |
Cl 16 | Ins 2021 (525), Sch 1[5]. |
Part 2B | Ins 2021 (659), Sch 1[4]. Renumbered as Part 5, 2022 (366), Sch 1[5]. |
Cl 16AA | Ins 2022 (145), Sch 1[2]. Am 2022 (366), Sch 1[6]. Renumbered as cl 22, 2022 (366), Sch 1[7]. |
Cl 16A | Ins 2021 (659), Sch 1[4]. Renumbered as cl 23, 2022 (366), Sch 1[7]. |
Cl 16B | Ins 2021 (659), Sch 1[4]. Renumbered as cl 24, 2022 (366), Sch 1[7]. |
Cl 16C | Ins 2021 (659), Sch 1[4]. Renumbered as cl 25, 2022 (366), Sch 1[7]. |
Cl 16D | Ins 2021 (659), Sch 1[4]. Am 2022 (145), Sch 1[3]. Renumbered as cl 26, 2022 (366), Sch 1[7]. |
Cl 16E | Ins 2021 (659), Sch 1[4]. Subst 2022 (145), Sch 1[4]. Renumbered as cl 31, 2022 (366), Sch 1[9]. |
Cl 16F | Ins 2022 (145), Sch 1[4]. Renumbered as cl 32, 2022 (366), Sch 1[9]. |
Cl 16G | Ins 2022 (145), Sch 1[4]. Renumbered as cl 33, 2022 (366), Sch 1[9]. |
Part 2C | Ins 2022 (145), Sch 1[5]. Renumbered as Part 6, 2022 (366), Sch 1[10]. |
Cl 16H | Ins 2022 (145), Sch 1[5]. Renumbered as cl 34, 2022 (366), Sch 1[11]. |
Cl 16I | Ins 2022 (145), Sch 1[5]. Renumbered as cl 35, 2022 (366), Sch 1[11]. |
Cl 16J | Ins 2022 (145), Sch 1[5]. Renumbered as cl 38, 2022 (366), Sch 1[13]. |
Cl 16K | Ins 2022 (145), Sch 1[5]. Renumbered as cl 39, 2022 (366), Sch 1[13]. |
Part 3 | Ins 2021 (381), cl 3. Renumbered as Part 7, 2022 (366), Sch 1[14]. |
Cl 17 (previously cl 8) | Renumbered 2021 (525), Sch 1[6]. Renumbered as cl 40, 2022 (366), Sch 1[14]. |
Cl 18 | Ins 2021 (659), Sch 1[5]. Renumbered as cl 41, 2022 (366), Sch 1[14]. |
Cl 19 | Ins 2021 (659), Sch 1[5]. Renumbered as cl 42, 2022 (366), Sch 1[14]. Am 2022 (382), Sch 1[3] [4]; 2024 (626), Sch 1[1]. |
Part 4 | Ins 2022 (366), Sch 1[4]. |
Cl 17 | Ins 2022 (366), Sch 1[4]. |
Cl 18 | Ins 2022 (366), Sch 1[4]. |
Cl 19 | Ins 2022 (366), Sch 1[4]. Am 2022 (785), Sch 1[2]; 2024 (96), Sch 1 [3]. |
Cl 19A | Ins 2022 (785), Sch 1[3]. Am 2024 (96), Sch 1[4]–[6] |
Cl 19B | Ins 2024 (96), Sch 1[7]. |
Cl 19C | Ins 2024 (96), Sch 1[7]. |
Cl 20 | Ins 2022 (366), Sch 1[4]. Am 2022 (578), sec 3; 2022 (785), Sch 1[4] [5]. |
Cl 21 | Ins 2022 (366), Sch 1[4]. Am 2022 (382), Sch 1[5]; 2024 (627), Sch 1[1]–[3]. |
Part 5 (previously Part 2B) | Renumbered 2022 (366), Sch 1[5]. |
Cl 22 (previously cl 16AA) | Renumbered 2022 (366), Sch 1[7]. Am 2022 (382), Sch 1[6]. |
Cl 23 (previously cl 16A) | Renumbered 2022 (366), Sch 1[7]. Am 2023 (348), Sch 1[1]. |
Cl 24 (previously cl 16B) | Renumbered 2022 (366), Sch 1[7]. |
Cl 25 (previously cl 16C) | Renumbered 2022 (366), Sch 1[7]. |
Cl 26 (previously cl 16D) | Renumbered 2022 (366), Sch 1[7]. Am 2025 (199), Sch 1[1] [2]. |
Cl 26A | Ins 2022 (382), Sch 1[7]. |
Cl 27 | Ins 2022 (366), Sch 1[8]. |
Cl 28 | Ins 2022 (366), Sch 1[8]. Am 2022 (687), sec 3(1); 2024 (96), Sch 1[8] [9]. |
Cl 29 | Ins 2022 (366), Sch 1[8]. Am 2022 (687), sec 3(2). |
Cl 30 | Ins 2022 (366), Sch 1[8]. |
Cl 31 (previously cl 16E) | Renumbered 2022 (366), Sch 1[9]. |
Cl 31A | Ins 2022 (687), sec 3(3). |
Cl 32 (previously cl 16F) | Renumbered 2022 (366), Sch 1[9]. |
Cl 33 (previously cl 16G) | Renumbered 2022 (366), Sch 1[9]. |
Part 6 (previously Part 2C) | Renumbered 2022 (366), Sch 1[10]. |
Cl 34 (previously cl 16H) | Renumbered 2022 (366), Sch 1[11]. |
Cl 35 (previously cl 16H) | Renumbered 2022 (366), Sch 1[11]. Am 2024 (627), Sch 1[4]. |
Cl 36 | Ins 2022 (366), Sch 1[12]. |
Cl 37 | Ins 2022 (366), Sch 1[12]. Am 2022 (465), Sch 1[4]. |
Cl 38 (previously cl 16J) | Renumbered 2022 (366), Sch 1[13]. |
Cl 39 (previously cl 16K) | Renumbered 2022 (366), Sch 1[13]. |
Cl 39A | Ins 2024 (627), Sch 1[5]. |
Part 7, heading (previously Part 3, heading) | Renumbered 2022 (366), Sch 1[14]. Subst 2022 (382), Sch 1[8]. |
Part 7 (previously Part 3) | Renumbered 2022 (366), Sch 1[14]. |
Cl 40 (previously cl 17 (previously cl 8)) | Renumbered 2022 (366), Sch 1[14]. |
Cl 41 (previously cl 18) | Renumbered 2022 (366), Sch 1[14]. Subst 2022 (382), Sch 1[9]. |
Cl 41A | Ins 2022 (787), Sch 1[2]. |
Cl 42 (previously cl 19) | Renumbered 2022 (366), Sch 1[14]. Subst 2022 (382), Sch 1[9]. Rep 2024 (626), Sch 1[2]. |
Cl 42A | Ins 2022 (465), Sch 1[5]. Am 2022 (751), Sch 1[1] [2]; 2024 (96), Sch 1[10]; 2024 (472), Sch 1[4]; 2024 (626), Sch 1[3]. |
Cl 42B | Ins 2022 (465), Sch 1[5]. |
Cl 42C | Ins 2022 (465), Sch 1[5]. Am 2022 (751), Sch 1[3]; 2023 (348), Sch 1[2]; 2024 (96), Sch 1[11]; 2024 (626), Sch 1[4]. |
Cl 42CA | Ins 2024 (96), Sch 1[12]. Am 2024 (472), Sch 1[5]. |
Cl 42D | Ins 2023 (348), Sch 1[3]. Am 2025 (199), Sch 1[3]. |
Cl 42E | Ins 2024 (626), Sch 1[5]. |
Cl 42E | Ins 2024 (627), Sch 1[6]. Renumbered as cl 42F, 2025 (44), Sch 1[1]. |
Cl 42F (previously sec 42E) | Renumbered 2025 (44), Sch 1[1]. |
Part 8 | Ins 2022 (382), Sch 1[9]. |
Cl 43 | Ins 2022 (382), Sch 1[9]. Am 2022 (785), Sch 1[6]. |
Cl 44 | Ins 2022 (382), Sch 1[9]. |
Cl 45 | Ins 2022 (382), Sch 1[9]. Am 2024 (6), Sch 1[2]. |
Part 9 | Ins 2022 (382), Sch 1[9]. |
Part 9, Div 1 | Ins 2022 (382), Sch 1[9]. |
Cl 46 | Ins 2022 (382), Sch 1[9]. Am 2022 (686), Sch 1[2]; 2024 (6), Sch 1[3]. |
Cl 47 | Ins 2022 (382), Sch 1[9]. Subst 2022 (686), Sch 1[3]. |
Cl 47A | Ins 2022 (686), Sch 1[3]. Am 2024 (6), Sch 1[4]; 2024 (405), Sch 1[1]; 2024 (626), Sch 1[6] [7]; 2025 (328), Sch 1[1]. |
Cl 47B | Ins 2022 (686), Sch 1[3]. Am 2024 (405), Sch 1[2]. |
Cl 47C | Ins 2022 (686), Sch 1[3]. |
Cl 47D | Ins 2022 (686), Sch 1[3]. |
Cl 47E | Ins 2024 (6), Sch 1[5]. Am 2024 (405), Sch 1[3]. |
Cl 48 | Ins 2022 (382), Sch 1[9]. Am 2024 (6), Sch 1[6]. |
Cl 49 | Ins 2022 (382), Sch 1[9]. Am 2022 (686), Sch 1[4]–[6]; 2024 (6), Sch 1[7]. |
Cl 50 | Ins 2022 (382), Sch 1[9]. Am 2022 (686), Sch 1[7]; 2024 (6), Sch 1[8] [9]. |
Part 9, Div 2 | Ins 2022 (382), Sch 1[9]. |
Cl 50A | Ins 2022 (687), Sch 1[8]. |
Cl 51 | Ins 2022 (382), Sch 1[9]. Am 2022 (686), Sch 1[9][10]; 2022 (785), Sch 1[7]; 2024 (6), Sch 1[10]; 2024 (405), Sch 1[4]; 2024 (627), Sch 1[7] [8]. |
Cl 52 | Ins 2022 (382), Sch 1[9]. Am 2022 (686), Sch 1[11] [12]; 2024 (6), Sch 1[11]; 2024 (627), Sch 1[9]; 2024 (626), Sch 1[8]. |
Cl 53 | Ins 2022 (382), Sch 1[9]. Am 2022 (686), Sch 1[13] [14]; 2024 (6), Sch 1[12]; 2024 (472), Sch 1[6]; 2024 (627), Sch 1[10]. Subst 2025 (328), Sch 1[2]. |
Cl 53A | Ins 2022 (785), Sch 1[8]. Am 2024 (627), Sch 1[11]. |
Cl 54 | Ins 2022 (382), Sch 1[9]. |
Cl 54AA | Ins 2024 (627), Sch 1[12]. |
Part 9, Div 3 | Ins 2022 (786), Sch 1[2]. |
Cl 54A | Ins 2022 (786), Sch 1[2]. Am 2024 (626), Sch 1[9]. |
Cl 54B | Ins 2022 (786), Sch 1[2]. |
Cl 54C | Ins 2022 (786), Sch 1[2]. |
Cl 54D | Ins 2022 (786), Sch 1[2]. |
Part 10 | Ins 2022 (382), Sch 1[9]. Subst 2022 (465), Sch 1[6]. |
Cl 55 | Ins 2022 (382), Sch 1[9]. Subst 2022 (465), Sch 1[6]; 2022 (751), Sch 1[4]. |
Cl 55A | Ins 2024 (96), Sch 1[13]. |
Cl 56 | Ins 2022 (465), Sch 1[6]. |
Cl 57 | Ins 2022 (465), Sch 1[6]. |
Part 11 | Ins 2022 (751), Sch 1[5]. |
Cl 58 | Ins 2022 (751), Sch 1[5]. Am 2022 (786), Sch 1[3]. Subst 2024 (626), Sch 1[10]. |
Cl 59 | Ins 2022 (751), Sch 1[5]. Am 2022 (786), Sch 1[4]. Subst 2024 (626), Sch 1[10]. |
Part 12 | Ins 2022 (787), Sch 1[3]. |
Part 12, Div 1 | Ins 2022 (787), Sch 1[3]. |
Cl 60 | Ins 2022 (787), Sch 1[3]. |
Cl 61 | Ins 2022 (787), Sch 1[3]. |
Part 12, Div 2 | Ins 2022 (787), Sch 1[3]. |
Cl 62 | Ins 2022 (787), Sch 1[3]. |
Cl 63 | Ins 2022 (787), Sch 1[3]. |
Part 12, Div 3 | Ins 2022 (787), Sch 1[3]. |
Cl 64 | Ins 2022 (787), Sch 1[3]. |
Cl 65 | Ins 2022 (787), Sch 1[3]. |
Cl 66 | Ins 2022 (787), Sch 1[3]. |
Cl 67 | Ins 2022 (787), Sch 1[3]. Am 2023 (348), Sch 1[4]. |
Part 13 | Ins 2023 (601), Sch 1[2]. |
Cl 68 | Ins 2023 (601), Sch 1[2]. |
Cl 69 | Ins 2023 (601), Sch 1[2]. |
Cl 70 | Ins 2023 (601), Sch 1[2]. |
Cl 71 | Ins 2023 (601), Sch 1[2]. |
Cl 72 | Ins 2023 (601), Sch 1[2]. |
Cl 73 | Ins 2023 (601), Sch 1[2]. |
Cl 74 | Ins 2023 (601), Sch 1[2]. |
Cl 75 | Ins 2023 (601), Sch 1[2]. |
Sch 1A | Ins 2024 (96), Sch 1[14]. Subst 2024 (626), Sch 1[11]. Am 2025 (44), Sch 1[2] [3]; 2025 (328), Sch 1[3] [4]. |
Sch 1B | Ins 2024 (626), Sch 1[11]. |
Sch 2 | Ins 2021 (659), Sch 1[6]. |
Sch 3 | Ins 2022 (751), Sch 1[6]. Am 2022 (786), Sch 1[5] [6]. Rep 2024 (626), Sch 1[12]. |
Sch 4 | Ins 2024 (96), Sch 1[15]. Am 2024 (405), Sch 1[5]; 2024 (626), Sch 1[13]. |
0
0
0