Electricity Supply Amendment (Energy Savings Scheme) Act 2015 (NSW)
An Act to amend the Electricity Supply Act 1995 to make changes to the energy savings scheme; and for other purposes.
This Act is the Electricity Supply Amendment (Energy Savings Scheme) Act 2015.
This Act commences on a day or days to be appointed by proclamation.
Omit “electricity” wherever occurring in section 98 (1) and (2) (a). Insert instead “energy”.
Omit the definitions of
Omit “
Insert in alphabetical order:
Omit section 105 (b) and (c). Insert instead:
the change to the energy savings scheme target is appropriate because of an under supply or over supply of energy savings certificates that may be surrendered under this Part, as evidenced in the manner set out in the regulations, or
Omit “expressed in tonnes of carbon dioxide equivalent of greenhouse gas emissions” from section 106 (1).
Insert instead “expressed in units referred to as
Omit the paragraph. Insert instead:
Multiply the total value of all liable acquisitions made by the scheme participant during that year (expressed in megawatt hours) by the energy savings scheme target for the year (the
Omit “tonne” wherever occurring. Insert instead “notional megawatt hour”.
Omit the note. Insert instead:
For example, if a scheme participant has liable acquisitions in the year 2016 of 75,050 megawatt hours, to calculate the scheme participant’s individual energy savings target under subsection (1):
(a) Step 1 requires the 75,050 megawatt hours to be multiplied by 0.07 (the energy savings scheme target for 2016), resulting in a megawatt hours target of 5,253.5, and
(b) Step 2 requires the figure of 5,253.5 to be multiplied by 1.00 (the energy conversion factor for 2016), resulting in an individual energy savings target of 5,253.5 notional megawatt hours.
The result is then rounded up to 5,254 in accordance with subsection (2).
The scheme participant has an individual energy savings target for the year 2016 of 5,254 notional megawatt hours.
The scheme participant can meet this target by surrendering energy savings certificates to the Scheme Regulator in accordance with this Part. Since each certificate has a value of 1 notional megawatt hour (see section 128), the scheme participant can meet this target by surrendering 5,254 certificates.
Energy savings certificates may be created in respect of activities that involve the consumption of electricity or gas or both electricity and gas. Certificate conversion factors are applied to the actual energy savings of end users resulting from an energy saving activity to produce energy savings expressed in notional megawatt hours for the purposes of energy savings targets. See Division 7.
Consequently, the number of notional megawatt hours of individual energy savings targets of scheme participants will not be the same as the number of actual megawatt hours saved by end users as a result of energy saving activities for which energy savings certificates are created.
Insert after section 107 (2):
However, if a scheme participant purchases electricity from another scheme participant, the purchase is not a liable acquisition if the purchase of the electricity is, or the supply of the electricity is to be treated as, a liable acquisition for that other scheme participant or for a scheme participant who is further up the chain of supply of the electricity.
Insert “or gas or both electricity and gas” after “electricity” in the note at the end of the section.
Omit “tonnes of carbon dioxide equivalent of greenhouse gas emissions” from section 111 (2).
Insert instead “notional megawatt hours”.
Omit “tonne of carbon dioxide equivalent of greenhouse gas emissions” from section 113 (1).
Insert instead “notional megawatt hour”.
Omit the subsections. Insert instead:
Subject to section 114:
(a) the base penalty rate is as follows:
(i) for 2009 and 2010—$24.50 per notional megawatt hour,
(ii) for each subsequent year—the base penalty rate for a previous year specified in the regulations and adjusted for movements in the consumer price index in accordance with the regulations, and
(b) the penalty conversion factor for a year is 0.94.
The Scheme Regulator is to cause notice of the adjusted base penalty rate for a year to be published on its website before the beginning of that year.
Omit “amend Schedule 5A to” from section 114 (1).
Omit the subsection.
Omit “to amend Schedule 5A”.
Omit the paragraphs. Insert instead:
the change to the base penalty rate is appropriate because of an under supply or over supply of energy savings certificates that may be surrendered under this Part, as evidenced in the manner set out in the regulations, or
Omit the note.
Omit “2020” wherever occurring in section 116 (6) (including the note).
Insert instead “2025”.
Omit section 122 (1)–(3). Insert instead:
An exemption takes effect on the day the order granting the exemption is published in the Gazette or, if a later day is specified in the order, on that later day.
An exemption may be revoked by order of the Minister published in the Gazette.
If an exemption is revoked, the revocation takes effect on the day the order revoking the exemption is published in the Gazette or, if a later day is specified in the order, on that later day.
Insert at the end of section 124 (1) (c):
, and
in the case of a certificate that relates to an energy saving activity that occurred in a State or Territory for which there is an approved corresponding scheme under section 127—the Minister has, by the order approving the corresponding scheme or by a subsequent order published in the Gazette, approved the surrender of such certificates by a scheme participant for those purposes.
Insert “or gas” after “electricity” wherever occurring.
Omit “in writing”. Insert instead “published in the Gazette”.
Omit “tonne of carbon dioxide equivalent of greenhouse gas emissions” wherever occurring.
Insert instead “notional megawatt hour”.
Omit the section. Insert instead:
The number of notional megawatt hours attributable to energy savings arising from a recognised energy savings activity is to be calculated by applying the certificate conversion factor or factors for the year in which the energy savings for which the certificate is created occurred to the number of megawatt hours of energy savings arising from the activity.
Depending on the nature of the energy saving activity and the scheme rules, the calculation may require the application of the certificate conversion factor for electricity or the certificate conversion factor for gas or both the certificate conversion factor for electricity and the certificate conversion factor for gas.
The scheme rules may provide for the methodology for calculating the number of megawatt hours of energy savings arising from a recognised energy saving activity and for applying the certificate conversion factors.
Omit section 130 (1). Insert instead:
Subject to this section, the certificate conversion factors for a year are as follows:
(a) for electricity—1.06,
(b) for gas—0.39.
Omit the subsection.
Omit “amend Schedule 5B to change the”. Insert instead “change a”.
Omit the subsection.
Omit “the certificate”. Insert instead “a certificate”.
Insert “or gas” after “electricity” in section 135 (2).
Omit section 142 (2). Insert instead:
An order may be made against a person under this section only if the Scheme Administrator is satisfied (on the balance of probabilities on the basis of an audit conducted under this Act or the regulations or of information otherwise obtained by the Administrator under this Act or the regulations) that:
(a) the person is guilty of an offence involving the improper creation of energy savings certificates (that is, an offence under section 133), or
(b) the person is guilty of an offence of contravening a condition of the person’s accreditation as a certificate provider (that is, an offence under section 138).
Omit “found guilty of an offence”. Insert instead “on grounds”.
Insert “(adjusted for movements in the consumer price index for each year in accordance with the regulations)” after “fee” in section 143 (6).
Insert after section 143 (6):
The Scheme Regulator is to cause notice of any adjusted application fee to be published on its website before the beginning of the year to which the application fee applies.
Insert after section 152 (1) (d):
to provide advice to the Minister on request about the extent of any under supply or over supply of energy savings certificates that may be surrendered under this Part,
Insert after section 154 (1) (c):
to provide advice to the Minister on request about the extent of any under supply or over supply of energy savings certificates that may be surrendered under this Part,
Insert after section 163 (1) (b):
if the Minister has approved a corresponding scheme for a State or Territory for the purposes of section 127 and the energy saving activity to which the certificate relates occurred in such a State or Territory—the State or Territory in which the activity occurred,
Insert “and for applying the certificate conversion factors” after “activity” in paragraph (b) of the note to section 167 (1).
Insert after section 174 (2) (c):
the total number of energy savings certificates created in previous years and not surrendered under this Part before the beginning of the year to which the report relates,
an assessment of the extent of any under supply or over supply of energy savings certificates that may be surrendered under this Part in the year to which the report relates,
Omit “actual energy savings that have been realised”.
Insert instead “actual electricity and gas savings that have been realised by end users”.
Omit “actual energy savings that will be realised”.
Insert instead “actual electricity and gas savings that will be realised by end users”.
Insert after section 174 (2):
For the purposes of subsection (2), any energy savings certificates created under an approved corresponding scheme that are not able to be surrendered by a scheme participant for the purpose of meeting its annual energy savings target or remedying a carried forward shortfall are to be disregarded.
Omit “2020” wherever occurring. Insert instead “2025”.
Omit “authorised officer” from section 187 (1). Insert instead “enforcement officer”.
Insert after section 187 (8):
In this section,
Omit the matter relating to the years 2016 to 2020. Insert instead:
2016 | 0.070 | 1.00 |
2017 | 0.075 | 1.00 |
2018 | 0.080 | 1.00 |
2019 | 0.085 | 1.00 |
2020 | 0.085 | 1.00 |
2021 | 0.085 | 1.00 |
2022 | 0.085 | 1.00 |
2023 | 0.085 | 1.00 |
2024 | 0.085 | 1.00 |
2025 | 0.085 | 1.00 |
Omit the Schedules.
Insert after Part 12 of Schedule 6:
On and after the date of commencement of Schedule 1 [12] to the Electricity Supply Amendment (Energy Savings Scheme) Act 2015, an energy savings shortfall, or a carried forward energy savings shortfall, of a number of tonnes of carbon dioxide equivalent of greenhouse gas emissions, is to be regarded as an energy savings shortfall or a carried forward energy savings shortfall (as the case requires) of the same number of notional megawatt hours.
On and after the date of commencement of Schedule 1 [25] to the Electricity Supply Amendment (Energy Savings Scheme) Act 2015, the value of each registered energy savings certificate is one notional megawatt hour rather than one tonne of carbon dioxide equivalent of greenhouse gas emissions.
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