Electricity Reform (Administration) Regulations 2000 (NT)
NORTHERN TERRITORY OF AUSTRALIA
ELECTRICITY REFORM (ADMINISTRATION) regulations 2000
As in force at 19 November 2021
northern territory of australia
As in force at 19 November 2021
ELECTRICITY REFORM (ADMINISTRATION) regulations 2000
Regulations under the Electricity Reform Act 2000
These Regulations may be cited as the
In these Regulations, unless the contrary intention appears:
(a) consumed for the site during the period; or
(b) charged by an on-supplier for the site during the period.
(a) consumed for the site during the period; or
(b) charged by an on-supplier for the site during the period.
(a) is the owner or occupier of premises or has the right to use premises; and
(b) supplies and sells electricity for use in the premises.
(1) In these Regulations,
single site means:(a) a site to which electricity is supplied by a single supply point; or
(b) sites that are to be treated as a single site under subregulation (2).
(2) If a site or adjoining sites owned or occupied by a customer are supplied by more than one supply point, the customer may elect to have the site or sites treated as a single site.
(3) Regulation 12 applies to a contestable customer in respect of each site that is to be treated as a single site under subregulation (2).
(1) For the definition of
generation in section 4(1) of the Act, the operation by a person of electricity generating plant that is not connected to electricity infrastructure owned or operated by an electricity entity is declared not to be generation of electricity if the electricity is generated for the person’s own use.(2) For the definition of
generation in section 4(1) of the Act, the operation by a person of electricity generating plant that is not connected to electricity infrastructure owned or operated by an electricity entity is declared not to be generation of electricity if:(a) the electricity is generated for supply to the owner or occupier of an area of land that is in the vicinity of the land on which the generating plant is situated; and
(b) electricity is not available from an electricity entity for supply to the area of land to which the electricity is supplied by the person operating the electricity generating plant.
3B Exclusion from Act of certain sales of electricity For the definition of
selling in section 4(1) of the Act, the trading of electricity by a person to a customer is prescribed not to be selling of electricity if:(a) electricity is not available for supply to the customer by an electricity entity; and
(b) the amount supplied to all customers by the person does not total more than 160 megawatt hours in each calendar year.
3C Meaning of For the definition
electricity supply industry in section 4(1) of the Act, operating a wholesale market is prescribed as a kind of operation that is part of the electricity supply industry.
For section 6(c), the Utilities Commission has the following functions:
(a) to oversee the exercise of system control of power systems and the operation of wholesale markets;
(b) to monitor and enforce compliance by electricity entities:
(i) with Part 3 of the Act; and
(ii) with technical codes in force under the Act;
(c) to facilitate the resolution of disputes between electricity entities relating to matters regulated under Part 3 of the Act.
For section 14(3)(e) of the Act, operating a wholesale market is prescribed as an operation for which a licence is required.
The system controller for the Darwin‑Katherine power system:
(a) is exempt from the requirement under section 14(1) of the Act to hold a licence in relation to the operation of a wholesale market in relation to that power system; and
(b) for the purposes of the Act is to be treated as an electricity entity that is authorised to operate a wholesale market in relation to that power system as if its system control licence were also a licence authorising it to operate a wholesale market in relation to that power system.
(1) For the purposes of section 19(2)(a) of the Act, the prescribed date is 1 August in each year of the licence.
(2) For the purposes of section 19(2)(b) of the Act, the prescribed date is 14 days after the date the annual return is lodged under section 19(2)(a) of the Act.
(3) For the purposes of section 19(5) of the Act, the maximum penalty:
(a) for failing to lodge an annual return – is 85 penalty units and 4 penalty units for each day after the date the annual return was required to be lodged during until the day the annual return is lodged; and
(b) for failing to pay an annual licence fee or an instalment of an annual licence fee – is 10% of the amount outstanding calculated daily on a cumulated basis from the date the fee was required to be paid under section 19 of the Act until the date the fee is paid.
4A Licence conditions – classification of dedicated connection assets (1) If a licence authorises the ownership or operation of a dedicated connection asset, the dedicated connection asset must be classified as:
(a) a large dedicated connection asset; or
(b) a small dedicated connection asset.
(2) For subregulation (1):
(a) an application for a licence that authorises the ownership or operation of a dedicated connection asset, or an application for the variation of a licence to add a dedicated connection asset to the licence, must state whether the dedicated connection asset is:
(i) a large dedicated connection asset; or
(ii) a small dedicated connection asset; and
(b) the applicant must provide to the Utilities Commission any information the Utilities Commission may reasonably require to ensure that the dedicated connection asset is appropriately classified; and
(c) for the purpose of verifying the appropriate classification of a dedicated connection asset, the Utilities Commission may seek the advice of the system controller for the relevant transmission network; and
(d) a system controller whose advice is sought under paragraph (c) must provide that advice within a period specified by the Utilities Commission in the request.
5 Licence conditions – licence authorising selling of electricity (1) For section 28(1)(h) of the Act, the period is 2 years from the date the customer becomes a contestable customer.
(2) However, for a customer who becomes a contestable customer because of the operation of regulation 6(4), the period is the period from 1 April 2010 to 31 December 2012.
(1) A System Control Technical Code may make provision for one or more of the following:
(a) operating protocols;
(b) system security and dispatch;
(c) disconnection;
(d) any other matter relevant to the reliability, safety or security of the system or the monitoring or control of the operation of the system.
(2) A System Control Technical Code for the Darwin‑Katherine power system may also make provision for the operation of a wholesale market in relation to that system.
(3) The Utilities Commission must not approve a System Control Technical Code, or any amendment to a System Control Technical Code, made by the system controller unless satisfied that the system controller has consulted with all electricity entities that are engaged in the operation of, contribute electricity to, or take electricity from, the power system.
(3A) Before the Minister makes or amends a System Control Technical Code, the Minister must consult, or be satisfied that sufficient consultation has occurred, with all electricity entities that are engaged in the operation of, contribute electricity to, or take electricity from, the power system, including:
(a) the Utilities Commission; and
(b) the system controller.
(3B) Before a person prescribed by regulation makes or amends a System Control Technical Code, the person must consult with all electricity entities that are engaged in the operation of, contribute electricity to, or take electricity from, the power system, including:
(a) the Utilities Commission; and
(b) the system controller.
(4) In this regulation:
disconnect includes to operate switching equipment so as to prevent the transfer of electricity through a point at which electricity is transferred to or from the power system.
(1) Subject to these Regulations, a contestable customer is a customer whose annual consumption level for a single site has by the date specified in column 1 of Schedule 1 reached the minimum consumption level specified opposite in column 2.
(2) For the purposes of subregulation (1), a customer’s annual consumption level is measured by:
(a) the customer’s actual total consumption at a single site during any consumption period; or
(b) the customer’s estimated consumption during a future consumption period at a single site if the customer either:
(i) did not consume electricity at the site before 1 July 1998; or
(ii) the customer’s business premises at the site was expanded after 1 July 1998 and the expansion causes the estimated consumption to exceed the minimum consumption level.
(3) An electricity entity that is a customer is a contestable customer regardless of its annual consumption level.
(4) From 1 April 2010 all customers are contestable customers.
Subject to these Regulations, a customer ceases to be classified as a contestable customer if the customer’s consumption for the site to which the classification relates falls below, or never exceeds, the minimum consumption as specified in column 2 of Schedule 1 and the customer’s consumption for the site is expected to remain below, or to not exceed, that level for the foreseeable future.
(1) A customer who is classified as a contestable customer may apply to the relevant entity for a declaration that regulation 6A applies to the customer.
(2) On receiving the application, the relevant entity must make the declaration if it is satisfied that regulation 6A applies to the customer.
(3) The relevant entity must notify the customer in writing of its decision not later than 30 days after the application is made.
(4) If the relevant entity refuses to make a declaration under subregulation (2), the notice under subregulation (3) must state:
(a) the reasons for not making the declaration; and
(b) that the customer may apply to the Utilities Commission for it to determine whether the customer should cease to be classified as a contestable customer.
(5) A customer ceases to be classified as a contestable customer on a declaration being made under subregulation (2).
(6) This regulation does not prevent:
(a) a customer who ceases to be classified as a contestable customer from subsequently being classified as a contestable customer; or
(b) a customer from re-applying under subregulation (1).
6C Review of relevant entity's decision by Utilities Commission (1) A customer whose application under regulation 6B is refused may apply to the Utilities Commission for it to revoke the classification of the customer as a contestable customer.
(2) The Utilities Commission may revoke the classification of the customer as a contestable customer:
(a) if the Utilities Commission is satisfied that:
(i) regulation 6A applies to the customer; and
(ii) the customer has not sought to contrive any reduction in consumption for the site to which the classification relates in order to seek revocation of the classification; or
(b) for any reason, consistent with the objects of the Act, that the Utilities Commission thinks fit.
(3) The Utilities Commission must notify the relevant entity and the customer of its decision not later than 30 days after the date of the application under subregulation (1).
(1) A customer may apply to the relevant entity for a contestable customer certificate for a single site of the customer with effect from the relevant date for introduction of competition as specified in column 1 of Schedule 1.
(2) The application cannot be made earlier than 90 days before the relevant date for introduction of competition as specified in column 1 of Schedule 1.
(3) The application is to:
(a) be in writing;
(b) state the applicant’s name and the site or sites to which the application relates; and
(c) be supported by enough other information, reasonably decided by the relevant entity, to enable the entity to consider the application.
8 Consideration of application (1) The relevant entity must either issue or refuse to issue the contestable customer certificate within 14 days after receiving all necessary information relevant to the application.
(2) The relevant entity must issue the contestable customer certificate if satisfied that the customer is a contestable customer as determined by regulation 6 with respect to the site or sites.
(3) If the relevant entity does not issue a contestable customer certificate within the relevant period, it is to be taken to have refused to issue the certificate.
(4) In subregulation (3),
relevant period means the first of the following periods to end:(a) one month after the relevant entity receives all necessary information relevant to the application;
(b) 3 months after the application was made.
9 Contestable customer certificate A contestable customer certificate is to be in writing and state:
(a) the customer’s name;
(b) the site or sites of the customer to which the certification relates; and
(c) that the relevant entity was satisfied that the customer was a contestable customer as determined by regulation 6.
10 Refusal to issue contestable customer certificate (1) If the relevant entity refuses to issue a contestable customer certificate, the entity must give the customer written notice as soon as practicable after making the decision.
(2) The notice must state:
(a) the reasons for not issuing the contestable customer certificate; and
(b) that the customer may ask the Utilities Commission to decide whether the contestable customer certificate should have been issued.
11 Dispute resolution (1) This regulation applies if a dispute arises if a customer’s contestable customer certificate is not issued or if the relevant entity is taken to have refused to issue the certificate.
(2) The customer may ask the Utilities Commission to resolve the dispute.
(3) The Utilities Commission may:
(a) give instructions about procedures the parties to the dispute must follow to attempt to resolve the dispute before the Utilities Commission attempts to resolve it; or
(b) require a party to give the Utilities Commission information the Utilities Commission considers necessary to enable the dispute to be resolved.
(4) The Utilities Commission must give each party a reasonable opportunity to make representations before making a decision on the dispute.
(5) After considering any representations, the Utilities Commission must decide whether the customer should be issued a contestable customer certificate.
(6) The Utilities Commission must inform the parties of the decision by written notice stating:
(a) the decision; and
(b) the reasons for the decision.
(7) If the Utilities Commission decides that a contestable customer certificate should have been issued, the certificate is taken to have been issued to the customer for the site to which the application relates when the decision was made.
If a customer is a contestable customer for a site and has a contestable customer certificate in relation to the site, the certificate continues despite:
(a) the actual consumption of electricity for the site; or
(b) the purpose for which the site is used.
(1) If a customer ceases to be classified as a contestable customer, the relevant entity must cancel the customer’s contestable customer certificate.
(2) The relevant entity must notify the customer that the contestable customer certificate has been cancelled:
(a) not later than 7 days after it makes a declaration under regulation 6B(2); or
(b) if the customer’s classification is revoked by the Utilities Commission under regulation 6C – not later than 7 days after it is notified of the Utilities Commission’s decision.
(3) The relevant entity must place the customer on the applicable non-contestable tariff not later than 30 days after cancelling the contestable customer certificate.
A contestable customer cannot have electricity supplied to a single site by more than one relevant entity.
Maximum penalty: 40 penalty units.
For section 44(1)(a) of the Act, the following customers are customers of a prescribed class:
(a) customers who became contestable customers on 1 April 2002 in accordance with regulation 6;
(b) customers who became contestable customers after 1 April 2002 and before 1 April 2004 and whose annual consumption level measured in accordance with regulation 6 when they became contestable customers was 750 megawatt hours per annum or greater but less than 2 gigawatt hours per annum;
(c) customers who become contestable customers after 31 March 2004 and whose annual consumption level measured in accordance with regulation 6 when they become contestable customers is 750 megawatt hours per annum or greater but less than 2 gigawatt hours per annum;
(d) contestable customers whose annual consumption level measured in accordance with regulation 6 is less than 750 megawatt hours per annum.
(1) An on-supplier is exempted from sections 14(1) and 28 of the Act.
(2) The exemption under subregulation (1) is subject to the condition that the on-supplier complies with regulation 15(2) and (3)
(1) An on-supplier may charge a receiver for electricity supplied or sold to the receiver by the on-supplier in a way decided by the on-supplier.
(2) However, the on-supplier must comply with subregulations (3) to (6) if the on-supplier charges the receiver on the basis of the receiver’s consumption of electricity during a period as measured by a meter.
(3) The charge must be equal to, or worked out on the same or a similar basis as:
(a) if the on-supplier amount is equal to or less than the regulated amount – the regulated amount; or
(b) otherwise – the on-supplier amount.
(4) In addition, the amount charged under subregulation (2) for each receiver in the premises must be calculated in the same way.
(5) The on-supplier amount is so much of the amount charged for the supply of electricity to the on-supplier for that period as is attributable to the receiver’s consumption mentioned in subregulation (2).
(6) The regulated amount is the amount the receiver would have been charged for that consumption if:
(a) the receiver had been a non-contestable consumer of the electricity entity; and
(b) the electricity had been supplied by the electricity entity to the receiver; and
(c) the standard rates of fix charge and usage charge had applied to the receiver.
(7) For section 6(c) of the Act, the Utilities Commission may, by writing, make guidelines for the administration of this regulation.
(8) The guidelines must not have effect before the Utilities Commission publishes a
Gazette notice for the making of the guidelines.
In this Part,
For the purposes of section 64(2) of the Act, written notice under that subsection must be served on the occupier at least 30 days before the day it is proposed to enter the place and is to state:
(a) the reason and the date and time of the proposed entry;
(b) the nature of the work to be carried out in clearing vegetation from the place;
(c) the arrangements to make good any damage caused or the terms of any compensation to be paid for damage caused; and
(d) that the person has a right to object to the electricity entity and to the Ombudsman, the time limits and other requirements for making an objection.
(1) An occupier of a place on whom a notice under section 64(2) of the Act is served may lodge an objection with the electricity entity within 21 days after receiving the notice.
(2) The objection must be in writing and state fully and in detail the grounds on which the objection relies.
(1) If an occupier of a place has allowed access to the place for the purposes of vegetation being cleared under section 64 of the Act and damage is caused to the place in clearing the vegetation, if the occupier considers that the damage has not been made good or that reasonable compensation has not been paid, the occupier may lodge an objection with the electricity entity within 21 days after the damage was caused.
(2) The objection must be in writing and state fully and in detail the grounds on which the objection relies.
(1) The electricity entity must consider an objection lodged under regulation 19 and must either allow the objection in whole or in part or disallow the objection.
(2) The decision must be made with 30 days of receiving the objection and notice of the decision must be served on the objector.
(3) If after making the decision, the electricity entity still wishes to enter the place it must give to the occupier of the place a revised notice under section 64(2) of the Act.
(4) A notice referred to in subregulation (3) must contain the information required under regulation 17.
(5) An objection cannot be made under regulation 18 to a notice referred to in subregulation (3).
(6) The decision of an electricity entity to disallow an objection in whole or in part must be in writing, contain reasons for the decision and inform the objector of his or her right to lodge a complaint against the decision under the
Ombudsman Act 2009 .
Nothing in this Part prevents a contestable customer lodging a complaint under Division 8 of Part 3 of the Act.
For section 91(1) of the Act, customers of a prescribed class are customers:
(a) to whom an electricity entity sells electricity; and
(b) who have not negotiated a written agreement with the entity relating to the sale of the electricity.
For section 87A(2) of the Act, an application must:
(a) specify each dedicated connection asset to which the application relates; and
(b) state, in relation to each dedicated connection asset, whether the dedicated connection asset is:
(i) a large dedicated connection asset; or
(ii) a small dedicated connection asset.
24 Classification of dedicated connection assets
(1) For regulation 23(b), the applicant must provide to the Utilities Commission any information the Utilities Commission may reasonably require to ensure that the dedicated connection asset is appropriately classified.
(2) For the purpose of verifying the appropriate classification of a dedicated connection asset, the Utilities Commission may seek the advice of the system controller for the relevant transmission network.
(3) A system controller whose advice is sought under subregulation (2) must provide that advice within a period specified by the Utilities Commission in the request.
(4) The Utilities Commission must, when granting an exemption, state in the exemption whether the dedicated connection asset is classified as:
(a) a large dedicated connection asset; or
(b) a small dedicated connection asset.
Part 8 Network technical codes
(1) This regulation applies to the following electricity networks:
(a) the Darwin-Katherine electricity system operated by Power and Water Corporation;
(b) the Alice Springs electricity system operated by Power and Water Corporation; and
(c) the Tennant Creek electricity system operated by Power and Water Corporation.
(4) A Network Technical Code must cover the requirements set out in Schedule 2, other than:
(a) matters dealt with in the National Electricity (NT) Rules; or
(b) matters appropriately dealt with in the System Control Technical Code.
(5) Before making or amending a Network Technical Code, a network provider must:
(a) consult the Utilities Commission; and
(b) alter the proposed Network Technical Code or amendments if required by the Utilities Commission.
(6) Before amending a Network Technical Code in a material way, a network provider must:
(a) publish a draft of a proposed amendment on the network provider’s website; and
(b) invite submissions from interested parties within a reasonable time specified by the network provider; and
(c) consider any submissions from interested parties provided under paragraph (b).
(7) Before the Minister makes or amends a Network Technical Code, the Minister must consult, or be satisfied that sufficient consultation has occurred, with all electricity entities that are engaged in the operation of, contribute electricity to, or take electricity from, the power system, including:
(a) the Utilities Commission; and
(b) the network provider.
(7A) Before a person prescribed by regulation makes or amends a Network Technical Code, the person must consult with all electricity entities that are engaged in the operation of, contribute electricity to, or take electricity from, the power system, including:
(a) the Utilities Commission; and
(b) the network provider.
(8) To the extent that a provision of a Network Technical Code is inconsistent with a provision of the National Electricity (NT) Rules, the provision of the National Electricity (NT) Rules will prevail (and the provision of the Network Technical Code will not have effect to the extent of the inconsistency).
regulation 6
Column 1 | Column 2 |
Date for introduction of competition | Minimum consumption level |
1 April 2000 | 4 gigawatt hours per annum |
1 October 2000 | 3 gigawatt hours per annum |
1 April 2001 | 2 gigawatt hours per annum |
1 April 2002 | 750 megawatt hours per annum |
regulation 25
1 Network Technical Code
The Network Technical Code for a network must contain the following:
(a) performance standards in respect of service quality parameters in relation to the electricity network;
(b) the technical requirements that apply to the design or operation of plant or equipment connected to the electricity network;
(c) requirements relating to the operation of the electricity network (including the operation of the network in emergency situations);
(d) obligations to test plant or equipment in order to demonstrate compliance with the Network Technical Code;
(e) procedures that apply if the network provider believes that an item of plant or equipment does not comply with the requirements of the Network Technical Code;
(f) requirements relating to the inspection of plant or equipment connected to the electricity network;
(g) requirements that relate to control and protection settings for plant or equipment connected to the electricity network;
(h) procedures that apply in the case of commissioning and testing of new plant or equipment connected to the electricity network;
(i) procedures that apply to the disconnection of plant or equipment from the electricity network;
(j) procedures relating to the operation of generating units connected to the electricity network (including the giving of dispatch instructions and compliance with those instructions);
(k) metering requirements in relation to connections;
(l) the information required to be provided to the access provider in relation to the operation of plant or equipment connected to the electricity network at a connection and how and when that information is to be provided.
2 Network planning criteria
The network planning criteria for a network must be consistent with the Network Technical Code for the network and must contain the following:
(a) contingency criteria;
(b) steady‑state criteria including:
(i) voltage limits; and
(ii) thermal rating criteria; and
(iii) fault rating criteria;
(c) stability criteria including:
(i) transient stability criteria; and
(ii) voltage stability criteria;
(d) quality of supply criteria including:
(i) voltage fluctuation criteria; and
(ii) harmonic voltage criteria; and
(iii) harmonic current criteria; and
(iv) voltage unbalance criteria; and
(v) electro‑magnetic interference criteria;
(e) construction standards criteria;
(f) environmental criteria.
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Notified | 31 March 2000 |
Commenced | 1 April 2000 |
Notified | 4 June 2001 |
Commenced | 4 June 2001 |
Notified | 28 February 2003 |
Commenced | 28 February 2003 |
Notified | 29 March 2004 |
Commenced | 29 March 2004 |
Notified | 19 October 2005 |
Commenced | 19 October 2005 |
Notified | 21 March 2007 |
Commenced | 21 March 2007 |
Notified | 6 February 2008 |
Commenced | 6 February 2008 |
Assent date | 12 March 2009 |
Commenced | 1 July 2009 ( |
Assent date | 18 December 2010 |
Commenced | 1 February 2011 ( |
Notified | 14 March 2012 |
Commenced | 14 March 2012 |
Notified | 14 December 2012 |
Commenced | 14 December 2012 |
Notified | 24 April 2015 |
Commenced | 24 April 2015 |
Notified | 20 May 2015 |
Commenced | 20 May 2015 |
Notified | 1 July 2019 |
Commenced | 1 July 2019 (r 2) |
Assent date | 18 November 2021 |
Commenced | 19 November 2021 (s 2) |
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
4 LIST OF AMENDMENTS
r 2 amd No. 2, 2015, r 3
rr 3A – 3B ins No. 35, 2005, r 3
r 3C ins No. 2, 2015, r 4
pt 1A hdg ins No. 2, 2015, r 4
r 3D ins No. 2, 2015, r 4
amd Act No. 23, 2021, s 10
rr 3E – 3F ins No. 2, 2015, r 5
r 4 amd Act No. 38, 2010, s 4
r 4A ins No. 16, 2019, r 19
r 5 amd No. 10, 2012, r 3; No. 41, 2012, r 3
r 5A ins No. 2, 2015, r 6
amd Act No. 23, 2021, s 11
r 6 amd No. 29, 2001, r 1; No. 9, 2003, r 2; No. 35, 2005, r 4; No. 16, 2019, r 20
r 6A ins No. 35, 2005, r 5
amd No. 16, 2019, r 21
rr 6B – 6C ins No. 35, 2005, r 5
r 7 amd No. 16, 2019, r 22
r 12A ins No. 35, 2005, r 6
r 13 amd Act No. 38, 2010, s 4
pt 4A hdg ins No. 7, 2004
r 13A ins No. 7, 2004
amd No. 41, 2012, r 4
r 15 amd No. 4, 2007, r 3
r 17 amd Act No. 5, 2009, s 179
r 20 amd Act No. 5, 2009, s 179
pt 6 hdg ins No. 9, 2015, r 3
r 22 ins No. 9, 2015, r 3
pt 7 hdg ins No. 16, 2019, r 23
rr 23 – 24 ins No. 16, 2019, r 23
pt 8 hdg ins No. 16, 2019, r 23
r 25 ins No. 16, 2019, r 23
amd Act No. 23, 2021, s 12
sch amd No. 29, 2001, r 2; No. 9, 2003, r 3; No. 1, 2008, r 3; No. 16, 2019, r 24
sch 2 ins No. 16, 2019, r 25
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