Electricity Supply (General) Regulation 2001 (NSW)
This Regulation is the Electricity Supply (General) Regulation 2001.
This Regulation commences on 1 July 2001.
In this Regulation:
(a) a scheme prepared by a service provider in accordance with Division 3 of Part 9, or
(b) a Ministerially recognised accreditation scheme.
(a) a service provider, or
(b) a Ministerially recognised accrediting agency.
(a) any service provided for the purpose of complying with Division 4 of Part 3 of the Act, and
(b) any service comprising work relating to an extension of a service provider’s distribution system or an increase in the capacity of a service provider’s distribution system.
(a) any premises or part of premises (including any land occupied with the premises) used or intended to be used as a place of residence, and
(b) includes a moveable dwelling (within the meaning of the Local Government Act 1993) or site on which a moveable dwelling is situated or intended to be situated (or both the moveable dwelling and the site), if the moveable dwelling is used or intended to be used as a place of residence.
Expressions defined for the purposes of Part 8A of the Act have the same meaning in this Regulation as they have in that Part.
The explanatory note, table of contents and notes in this Regulation do not form part of the Regulation.
A customer consultative group appointed by a service provider is to be constituted in accordance with a charter approved by the Minister and, if it is so constituted, is not required to comply with section 90 (1) and (2) of the Act.
Any such charter may also provide for other matters relating to the customer consultative group, including the procedure of the group (including meeting intervals), funding of the group and access to information by the group.
The requirements set out in this Division are distributor service standards.
The requirements of this Division are enforceable under the National Energy Retail Rules and are applicable to distributors within the meaning of the National Energy Retail Law (NSW).
A service provider who fails to provide a customer connection service (other than a connection service under Chapter 5A of the National Electricity Rules) on or before the date agreed between the distributor and a small customer or the customer’s representative must pay to the customer, as compensation for the delay, not less than $60 for each day that elapses between the agreed date and the date on which the service is actually provided (up to a maximum total of $300).
This clause applies if a small customer is entitled to be provided with an energisation or re-energisation service by a service provider.
The service provider must energise or re-energise the small customer’s premises:
(a) if the energisation or re-energisation request is made before 3.00 pm on a business day, by not later than the end of the next business day, or
(b) if the energisation or re-energisation request is made after 3.00 pm on a business day, by not later than the end of the second business day following the day the request is made.
The service provider and the small customer may agree on a period longer than the period specified in subclause (2) as the period within which the premises are to be energised or re-energised.
The service provider is not required to energise or re-energise premises within a period specified by this clause if the relevant equipment is not in place to do so.
In this clause:
If a retailer notifies a service provider that a small customer of the retailer wishes to arrange for de-energisation of the customer’s premises, the service provider must de-energise the premises within 2 days of the notice or within such further period as the customer requests.
If a retailer notifies a service provider that the retailer wishes to arrange for de-energisation of the small customer’s premises on a ground permitted under the National Energy Retail Rules, the service provider must de-energise the premises within 2 days (not including any day that is a protected period within the meaning of Part 6 of those rules).
A service provider must issue a notice to a small customer when the service provider de-energises the customer’s premises at the request of a retailer on a ground permitted under the National Energy Retail Rules.
The notice must be in writing and contain the following information:
(a) the matter for which premises were de-energised,
(b) details of the telephone number of a contact person for the retailer,
(c) the arrangements that are required to be made by the small customer for re-energisation of the premises, including any related costs payable by the customer,
(d) the dispute resolution procedures available to the small customer, including contact details for the Energy Ombudsman.
A service provider who fails to repair faulty street lighting on or before the date agreed between a small customer and the service provider as the date by which the repair is to be completed must pay to the customer, as compensation for the loss of illumination, not less than $15.
This clause applies to street lighting that is owned by the service provider or that the service provider is under a legally enforceable obligation to maintain, but does not apply to street lighting to which the service provider merely supplies electricity or connection services.
This clause only applies to or in respect of a small customer if the customer’s premises abut the part of the street that (but for the fault) would ordinarily be illuminated by the street lighting.
For the purposes of section 96A (1) of the Act, the following persons may apply to an energy ombudsman under an approved energy ombudsman scheme for a review of a decision:
(a) a small customer in respect of a matter arising between the customer and an exempt person concerning a contract for the supply of electricity or gas (including charges for electricity or gas) or any other matter relating to the supply of electricity or gas by the exempt person to the customer,
(b) a small customer in respect of a matter arising between the customer and a retailer or service provider concerning the obligations of the retailer or service provider under the Act or this Regulation,
(c) a small customer in respect of a matter arising between the customer and a retailer concerning the obligations of the retailer under the Gas Supply Act 1996 or regulations under that Act,
(d) a regulated offer customer in respect of a matter arising between the regulated offer customer and a retailer concerning regulated offer prices or a regulated pricing arrangement under the Act, the Gas Supply Act 1996 or the National Energy Retail Law (NSW).
For the purposes of section 96A (3) of the Act, a review of a decision on an application made by a person referred to in subclause (1) is to be free of charge to the person.
In this clause:
(a) an exempt seller or a person who is exempt (under section 3B of the National Energy Retail Law (NSW)) from the requirement to hold a retailer’s authorisation in respect of the sale of electricity or gas, or
(b) a person exempted from section 13 of the Act.
An energy ombudsman scheme may deal with a dispute between a customer and a service provider or a retailer arising out of the solar bonus scheme (being the scheme established under section 15A of the Act for credits for electricity supplied to the network by customers using complying generators).
The energy ombudsman:
(a) must cause copies of all public reports issued by the energy ombudsman to be given to the Minister, and
(b) must cause notice to be given to the Minister of changes in the policies and procedures to be adopted in connection with the relevant approved energy ombudsman scheme.
Without limiting subclause (1), the Minister may from time to time require the energy ombudsman appointed under an approved energy ombudsman scheme to provide the Minister with reports on the operation of the scheme, including:
(a) particulars as to the extent to which the scheme is meeting the objectives referred to in section 96B of the Act, and
(b) particulars as to the extent to which the scheme has met relevant best practice benchmarks, and
(c) particulars as to the extent to which licence holders or specified licence holders and other persons bound by the scheme have complied with their obligations under the scheme.
The object of this clause is to exempt certain persons from a provision of the Act that prohibits the operation of distribution systems for retail trading in electricity otherwise than by licensed service providers.
Any person who owns or controls a distribution system (other than TransGrid or a service provider listed in Schedule 3 to the Act) is exempt from the operation of section 13 of the Act.
Clause 17 exempts the Lord Howe Island Board from the operation of section 13 of the Act.
The object of this clause is to exempt certain matters from a provision of the Act that prohibits the operation of distribution systems for retail trading in electricity otherwise than for retailers.
The operation of a distribution system by a licensed service provider, for the purpose only of conveying electricity in accordance with an electricity supply arrangement for which an exemption is in force under the National Energy Retail Law (NSW) or the National Energy Retail Law (Adoption) Act 2012, is exempt from the operation of section 16 of the Act.
The Lord Howe Island Board is exempt from the operation of sections 13 and 15A of the Act.
(Repealed)
ActewAGL is exempt from the operation of section 15A of the Act.
The terms of any electricity supply arrangement (including any feed-in tariff arrangement) that is entered into by ActewAGL with a customer in New South Wales must comply with the Utilities Act 2000 and the Electricity Feed-in (Renewable Energy Premium) Act 2008 of the Australian Capital Territory as if the customer were in the Australian Capital Territory.
In this clause:
The exemption of a person (the
The following conditions apply:
(a) the exempt person must provide connection services to the premises in accordance with any agreement relating to occupation of the premises between the exempt person and the person to whom the electricity is supplied,
(b) (Repealed)
(c) the exempt person is bound by, and must comply with, any decision of the energy ombudsman in relation to a complaint or dispute relating to the provision of connection services.
(Repealed)
The exemption of a person (the
An exempt person may not disconnect premises from the person’s distribution system:
(a) while any application made by the occupier of the premises for assistance under:
(i) any Government funded rebate or relief scheme, or
(ii) any payment plan operated by the exempt person,
is pending, or
(b) while any life support system that relies on electricity for its operation is in use at the premises.
In the event that the exempt person becomes authorised (under an agreement with the person in respect of whom the connection services are provided) to disconnect premises from a distribution system, the exempt person must not do so:
(a) on a Friday, Saturday or Sunday, or
(b) on a public holiday or day immediately preceding a public holiday, or
(c) after 3.00 pm on any other day.
The exempt person must not take action to disconnect premises from the exempt person’s distribution system unless the exempt person has given at least 14 days written notice of the exempt person’s intention to do so.
The notice:
(a) must specify the grounds on which the exempt person is taking the action proposed, and
(b) must indicate the date on or after which the supply to the customer’s premises may be disconnected if those grounds are not removed, being a date occurring not earlier than 14 days after the notice is sent, and
(c) must advise the customer of the customer’s rights under subclause (2).
An exempt person must, if the grounds on which the supply was disconnected are remedied by the occupier of the premises concerned, reconnect premises within a reasonable time.
An exempt person must, on receiving notice that the exempt person’s premises are to be disconnected from the distribution system, immediately give written notice of the disconnection to any person to whom the exempt person provides connection services or supplies electricity under an electricity supply arrangement and who will be affected by the disconnection.
Nothing in this clause affects any right or obligation to disconnect premises arising from the operation of the Electricity Supply (Safety and Network Management) Regulation 2002 or Electricity (Consumer Safety) Act 2004.
A person who fails to comply with a condition of an exemption applying to the person under this Part is guilty of an offence.
Maximum penalty: 100 penalty units (in the case of a corporation) or 25 penalty units (in any other case).
For the purposes of the definition of
Macquarie Generation is prescribed as an electricity generator for the purposes of section 97BB (1) (b) of the Act in respect of its supply of electricity to the Tomago Aluminium Company Pty Ltd.
Delta Electricity is prescribed as an electricity generator for the purposes of section 97BB (1) (b) of the Act in respect of its supply of electricity to:
(a) BlueScope Steel (AIS) Pty Ltd (ACN 000 019 625), and
(b) BHP Billiton Limited (ACN 004 028 077).
For the purposes of section 97BB (2) (d) of the Act, a customer or a related entity of a customer is taken to be a large customer if:
(a) the amounts of electricity required to be used for the purposes of the definition of
large customer in section 97AB of the Act, as measured from the point of consumption, are used by the customer or the related entity of a customer (whether on the customer’s or related entity’s own account or together with one or more other such customers as are related entities) in the year preceding the making of the election to be an elective participant, or(b) the Tribunal is satisfied that the customer or related entity (as the case may require) is likely to use the required amounts of electricity in the year in which the election is to have effect (whether the customer or related entity is likely to do so on its own account or together with one or more other such customers as are related entities).
For the purposes of section 97BB (2) (d) of the Act, a customer or a related entity of a customer is taken to be a large customer who uses electricity at more than one site in this State if:
(a) subsection (1) applies to the customer or related entity (as the case may require), and
(b) each site is owned or occupied:
(i) by either the customer or one of the other customers referred to in subclause (1) (a) and (b), or
(ii) by the related entity,
as the case may require.
In this clause,
(Repealed)
An election by a person to become an elective participant is to be made in the form and manner approved by the Tribunal and is to specify the period (being 1 year or a specified number of years) for which the election is to have effect.
An election must identify any retailer or electricity generator who is to supply the electricity load or the part of the load covered by the election.
An election must be made not later than 30 June in the year preceding the year in which the election is to have effect or on any later day approved by the Tribunal.
Despite subclause (3), an election to be a benchmark participant in respect of the year commencing 1 January 2003 may be made not later than 1 April 2003 or any later day approved by the Tribunal.
A person who makes an election to become an elective participant as a large customer must, before or when making the election, provide evidence to the Tribunal that the person is a customer, or a related entity of a customer, that used or is likely to use 100 gigawatt hours or more of electricity at a single site, or at more than one site (at least one of which used or is likely to use 50 gigawatt hours or more), in this State, as referred to in clause 24 (2) (whether on its own account or together with one or more other such customers as are related entities).
The evidence referred to in subclause (1) includes evidence of who used, or is likely to use, the electricity to be included in the election.
The Tribunal may require a person who makes an election referred to in this clause to provide specified information and documents for the purposes of providing the evidence required by this clause.
A person must not make an election to become an elective participant as a large customer for a period in respect of the whole or part of a site if the site, or the relevant part of the site, is the subject of an election by another person for the same period.
A person may make an election to become an elective participant as a large customer in respect of part of a customer’s electricity load (whether or not it is part of a load related to a single site or more than one site, and whether or a not it includes the load, or part of the load, of one or more such customers as are related entities of the person) if that part meets the requirements under the Act and this Regulation for the classification of the person as a large customer.
In this clause,
(Repealed)
An election to be an elective participant has no effect unless it is accepted by the Tribunal.
If only part of an electricity load is covered by an election, the Tribunal must not accept the election unless it is satisfied that the part will be separately metered at the commencement of the period in respect of which the election is made.
The Tribunal must, as soon as practicable after accepting an election, give written notice of the acceptance to:
(a) the person who made the election, and
(b) any retailer or electricity generator that is to supply the electricity load or the part of the load covered by the election.
An election to be an elective participant that is accepted by the Tribunal has effect, subject to this clause, for the period specified in the notice of acceptance.
An election by a large customer to be an elective participant ceases to have effect at the end of a year in which the Tribunal gives the large customer written notice of cancellation or the large customer notifies the Tribunal of its intention not to continue as an elective participant.
An elective participant who does not wish to continue to be an elective participant in the succeeding year must notify the Tribunal not later than 30 June in the preceding year.
Notice for the purpose of subclause (5) must be given in the form and manner approved by the Tribunal.
The Tribunal may cancel an election by an elective participant that has made an election as a large customer if it is satisfied, or reasonably suspects, that the elective participant was not eligible to make the election or does not meet the requirements for making an election as a large customer.
In considering whether to take action under subclause (1), the Tribunal is not required to consider any reduction in the consumption or anticipated consumption of electricity by an elective participant that is due to abatement measures carried out for the purposes of the Act, this Regulation or the greenhouse gas benchmark rules.
The circumstances when a person is taken to be engaged in a joint venture with a customer or a related entity of a customer are where the person is a party to a written contract or agreement with that customer or that related entity of a customer, under which they are or will be:
(a) undertaking a task, project or commercial venture either jointly, in common or in partnership (whether incorporated or not), and
(b) doing so with a view to sharing in the profits or benefits generated from that task, project or commercial venture.
For the purposes of applying section 97BD (2) (a) of the Act, and any rules made under section 97K (1) (c) of the Act, an elective participant:
(a) that is a large customer, and
(b) that is not the purchaser of the whole or part of the electricity that qualifies it (either in its own right or as a related entity of a customer) as a large customer,
is taken to be the purchaser of all the electricity that applies to the election that qualifies it to become an elective participant.
If an election by an elective participant ceases to have effect and a further election is not made by the participant or is refused by the Tribunal:
(a) any greenhouse penalty payable in respect of the election period, and any greenhouse penalty payable for greenhouse shortfall carried forward from the previous compliance period, is to be assessed and paid at the end of that period as if the election were still in force, and
(b) a greenhouse shortfall may not be carried forward if so provided by the greenhouse gas benchmark rules.
For the purposes of section 97CA (3) of the Act, the amount of the greenhouse penalty is to be adjusted, on and from 1 July in each year (commencing on 1 July 2004) by the following formula:
where:
In this clause:
In this Division:
A renewable energy certificate may be counted towards the greenhouse gas benchmark, or to abate a greenhouse gas shortfall, for a compliance period by a benchmark participant (other than an elective participant) if the following are satisfied:
(a) the certificate has been surrendered by the participant under the Renewable Energy (Electricity) Act 2000 of the Commonwealth or the Tribunal is satisfied that an offer to surrender the certificate has been made under that Act for that compliance period,
(b) the participant’s greenhouse gas benchmark statement specifies the number of renewable energy certificates surrendered or proposed to be surrendered under that Act for that compliance period,
(c) the costs of, or associated with, the certificate have not been paid or reimbursed to the participant by an elective participant or otherwise passed on by the participant to an elective participant.
A renewable energy certificate may be counted towards the greenhouse gas benchmark, or to abate a greenhouse gas shortfall, for a compliance period by an elective participant if the following are satisfied:
(a) the certificate has been surrendered by another benchmark participant under the Renewable Energy (Electricity) Act 2000 of the Commonwealth or the Tribunal is satisfied that an offer to surrender the certificate has been made under that Act for that compliance period,
(b) the elective participant’s greenhouse gas benchmark statement specifies the number of renewable energy certificates proposed to be counted for that compliance period,
(c) the costs of, or associated with, the certificate have been paid by or reimbursed by the elective participant to another benchmark participant or have been otherwise passed on to the elective participant by another benchmark participant,
(d) evidence satisfactory to the Tribunal of the matters referred to in paragraph (c) has been provided to the Tribunal with the elective participant’s greenhouse gas benchmark statement.
The maximum number of renewable energy certificates that may be counted by a benchmark participant towards the participant’s greenhouse gas benchmark in a compliance period is the number calculated in accordance with this clause.
In the case of a benchmark participant that is a market customer (other than a retailer), the total number of the certificates is calculated by multiplying the total amount in MWh of the participant’s relevant acquisitions of electricity purchased for use in this State in the compliance period concerned by the renewable power percentage for the compliance period and rounding the result to the nearest MWh.
In the case of a benchmark participant that is a retailer or a participant referred to in section 97BB (1) (b) of the Act, the total number of the certificates is calculated:
(a) by multiplying the total amount in MWh of the participant’s relevant acquisitions of electricity purchased for use in this State in the compliance period concerned by the renewable power percentage for the compliance period and rounding the result to the nearest MWh, and
(b) by subtracting from that amount the number of any certificates of a kind referred to in clause 34 (2) (c) applicable to the compliance period.
In the case of an elective participant, the total number of the certificates is calculated:
(a) if electricity is purchased at a connection point located in a distribution network, by multiplying the total amount in MWh of electricity purchases related to the electricity load covered by the election in the compliance period concerned by the renewable power percentage for the compliance period and by the distribution loss factor applicable to the connection point and rounding the result to the nearest MWh, or
(b) if electricity is not so purchased, by multiplying the total amount in MWh of electricity purchases related to the electricity load covered by the election in the compliance period concerned by the renewable power percentage for the compliance period and rounding the result to the nearest MWh.
In this clause:
The assessment of the greenhouse shortfall (if any) and of liability for greenhouse penalty set out in the greenhouse gas benchmark statement of a benchmark participant is, unless another assessment is or has been made by the Tribunal, taken to be the greenhouse shortfall or the liability of the participant for greenhouse penalty for the participant for the compliance period concerned.
The assessment has effect as if it were a notice of assessment signed by the Tribunal and given to the participant on the day on which the assessment is taken to have been made.
The assessment is taken to have been made on 1 March in the following year (or on the day occurring 3 months after the termination day in the case of the final compliance period), or the day on which the greenhouse gas benchmark statement is lodged, whichever is the later.
The Tribunal may make an assessment of the greenhouse shortfall (if any), and of the liability for greenhouse penalty, for a compliance period of a benchmark participant if the participant fails to lodge a greenhouse gas benchmark statement for the compliance period in accordance with the Act.
In making an assessment under this section, the Tribunal may:
(a) base its assessment on its best estimate of the participant’s sale or use of electricity in this State, verified by AEMO where possible, and
(b) take into account any other matters the Tribunal considers appropriate.
The Tribunal may at any time amend any assessment of the greenhouse shortfall (if any), and of the liability for greenhouse penalty, for a compliance period of a benchmark participant by making any alterations or additions that the Tribunal thinks necessary, whether or not a greenhouse penalty has been paid for the compliance period.
If the Tribunal is of the opinion that there has been an avoidance of a greenhouse penalty, the Tribunal may:
(a) if of the opinion that the avoidance of the penalty is due to fraud or evasion—at any time, or
(b) in any other case—within 1 year from the day on which the assessment is made,
amend the assessment by making the alterations or additions that the Tribunal thinks necessary to correct the assessment.
A benchmark participant may, not later than 1 year from the day on which an assessment is made, apply to the Tribunal for an amended assessment.
An application by a benchmark participant must be in writing and state the grounds on which it is made.
A benchmark participant may, for the purposes of an application under this clause or, with the consent of the Tribunal, submit details of abatement certificates sought to be surrendered, and of renewable energy certificates sought to be counted, that have not been submitted previously in respect of the compliance period concerned for consideration for the purposes of an amended assessment.
The Tribunal may take into account details submitted under subclause (5) when determining whether to amend an assessment.
A benchmark participant whose liability for a greenhouse penalty is reduced as a result of an amended assessment is entitled to a refund of any additional greenhouse penalty paid under the previous assessment.
An amendment that reduces a benchmark participant’s liability to pay a greenhouse penalty is not effective unless it is made within 1 year from the day on which the assessment was made.
If an assessment has been amended in any particular, the Tribunal may, within 1 year from the day on which a greenhouse penalty became payable under the amended assessment, make, in or in relation to any particular, any further amendment of the assessment that, in the Tribunal’s opinion, is necessary to effect any just reduction in the benchmark participant’s liability under the assessment.
If an application is made by a benchmark participant for an amendment of an assessment within 1 year after a greenhouse penalty became payable under that assessment, the Tribunal may amend the assessment even though the period of 1 year has elapsed.
Nothing in this Division prevents the amendment of an assessment of the greenhouse shortfall (if any), and of the liability for greenhouse penalty, of a benchmark participant to give effect to:
(a) the decision on any review or appeal under the Act, or
(b) its amendment by reduction of any particular following the participant’s objection or pending any review or appeal under the Act.
A greenhouse penalty payable under an assessment amended under this Division is taken to be payable:
(a) if the amendment is wholly or partly as a result of an error by the Tribunal—on the day on which the amended assessment is made, or
(b) in any other case—on the day on which a greenhouse penalty became payable under the original assessment.
An amended assessment is taken to be an assessment for the purposes of the Act and this Regulation.
As soon as practicable after an assessment of the greenhouse shortfall (if any), and of the liability for greenhouse penalty, of a benchmark participant is made or amended under this Division, the Tribunal must give written notice of the assessment or amended assessment to the participant.
In this Part:
This Division, together with the greenhouse gas benchmark rules, provides for eligibility for accreditation as an abatement certificate provider in respect of the following activities:
(a) electricity generation activities (including category A electricity generation activities),
(b) carbon sequestration activities,
(c) demand side abatement activities,
(d) large user abatement activities.
A person is eligible for accreditation as an abatement certificate provider in respect of an activity if:
(a) the activity involves the generation of electricity by an existing or proposed generating system and the person is eligible for accreditation in respect of the generation of electricity by the generating system under the provisions of the greenhouse gas benchmark rules relating to generation, and
(b) the generating system is equipped with metering equipment approved by the Scheme Administrator or (in the case of a proposed generating system) the Scheme Administrator is satisfied that the generating system will, when the generating system is operating, be equipped with appropriate metering equipment, and
(c) the person has record keeping arrangements with respect to the activity approved by the Scheme Administrator or (in the case of a proposed generating system) the Scheme Administrator is satisfied that the person will, when the generating system is operating, have appropriate record keeping arrangements in respect of that activity, and
(d) in the case of a proposed generating system—the Scheme Administrator is satisfied that the system will operate substantially as described in the person’s application for accreditation.
A person is also eligible for accreditation as an abatement certificate provider in respect of an activity if:
(a) the activity involves the generation of electricity by an existing or proposed generating system and the person is a retailer in respect of electricity generated by the generating system and purchased by the retailer under a power purchase agreement, and
(b) the power purchase agreement remains in force, and
(c) the person has previously claimed, or could have claimed, the electricity generation as category A under the arrangements relating to greenhouse strategies in force under the Act before the commencement of Part 8A of that Act (and referred to in the Emissions Workbook), and
(d) the generating system is classified as Category A under the greenhouse gas benchmark rules, and
(e) the person is eligible for accreditation in respect of the generation of electricity by the generating system under the greenhouse gas benchmark rules relating to generation.
Category A electricity generation activities are electricity generation activities that are deemed to be assigned to a retailer as referred to in section 97DA (6) of the Act.
For the purposes of this Regulation:
(a) an activity that gives rise to eligibility for accreditation under subclause (1) or (2) may be referred to as an
electricity generation activity , and(b) an activity that gives rise to eligibility for accreditation under subclause (2) may also be referred to as a
category A electricity generation activity .
In this clause:
A person is eligible for accreditation as an abatement certificate provider in respect of an activity if:
(a) the activity is an existing or proposed carbon sequestration activity under the greenhouse gas benchmark rules and the person is eligible for accreditation as an abatement certificate provider in respect of the activity under the provisions of the greenhouse gas benchmark rules relating to carbon sequestration, and
(b) the person has record keeping arrangements with respect to the activity approved by the Scheme Administrator or (in the case of a proposed carbon sequestration activity) the Scheme Administrator is satisfied that the person will, when the carbon sequestration activity is carried out, have appropriate record keeping arrangements in respect of that activity, and
(c) in the case of a proposed carbon sequestration activity—the Scheme Administrator is satisfied that the activity will be carried out substantially as described in the person’s application for accreditation.
For the purposes of this Regulation, an activity that gives rise to eligibility for accreditation under this clause may be referred to as a
A person is eligible for accreditation as an abatement certificate provider in respect of an activity if:
(a) the activity is an existing or proposed demand side abatement activity under the greenhouse gas benchmark rules and the person is eligible for accreditation in respect of the activity under the provisions of the greenhouse gas benchmark rules relating to demand side abatement, and
(b) the person has record keeping arrangements with respect to the activity approved by the Scheme Administrator or (in the case of a proposed demand side abatement activity) the Scheme Administrator is satisfied that the person will, when the demand side abatement activity is carried out, have appropriate record keeping arrangements in respect of that activity, and
(c) in the case of a proposed demand side abatement activity—the Scheme Administrator is satisfied that the proposal will be undertaken substantially as described in the person’s application for accreditation.
For the purposes of this Regulation, an activity that gives rise to eligibility for accreditation under this clause may be referred to as a
A person is eligible for accreditation as an abatement certificate provider in respect of an existing or proposed activity if:
(a) the person is a large user, and
(b) the person is eligible for accreditation as an abatement certificate provider in respect of the activity under the provisions of the greenhouse gas benchmark rules relating to large user abatement certificates, and
(c) the person has record keeping arrangements with respect to the activity approved by the Scheme Administrator or (in the case of a proposed activity) the Scheme Administrator is satisfied that the person will, when the activity is carried out, have appropriate record keeping arrangements in respect of that activity, and
(d) in the case of a proposed activity—the Scheme Administrator is satisfied that the activity will be carried out substantially as described in the person’s application for accreditation.
For the purposes of this Regulation, an activity that gives rise to eligibility for accreditation under this clause may be referred to as a
An application for accreditation as an abatement certificate provider in respect of an activity:
(a) is to be made in the form and manner approved by the Scheme Administrator, and
(b) is to be accompanied by an application fee of $500.
Section 97DB (5) of the Act allows the Scheme Administrator to charge a fee (in addition to the application fee) in respect of the investigation and determination of an application for accreditation.
An application for accreditation as an abatement certificate provider in respect of an electricity generation activity:
(a) must disclose whether or not the applicant is accredited as an accredited power station under the Renewable Energy (Electricity) Act 2000 of the Commonwealth in respect of the generating system that the person owns or operates, and
(b) if the applicant is so accredited, must be accompanied by any information or authorities (such as release forms) that the Scheme Administrator may require for the purpose of obtaining from ORER, or substantiating, information relating to the following:
(i) any renewable energy certificates the person has created during any period,
(ii) the Commonwealth renewable energy scheme baseline of the power station.
For the purposes of section 97DB (1A) of the Act, an application may be made no later than 11 May 2012 for accreditation as an abatement certificate provider in relation to activities in relation to which an abatement certificate provider was accredited on or before 31 December 2009.
A reference in this Division to an activity includes a reference to an existing or proposed activity.
The Scheme Administrator may require a person who applies for accreditation to give to the Scheme Administrator an undertaking, in such terms as the Scheme Administrator may require, not to claim any benefit under a mandatory greenhouse gas scheme if such an action would result in a benefit being obtained under both that scheme and the abatement certificate scheme established by Part 8A of the Act in respect of the same output or greenhouse gas abatement.
The Scheme Administrator may refuse an application for accreditation as an abatement certificate provider in respect of an activity if:
(a) the Scheme Administrator is not satisfied that the applicant is eligible for accreditation as an abatement certificate provider in respect of the activity concerned, or
(b) the application for accreditation is not duly made (including if it is not accompanied by any required information or the appropriate fee), or
(c) the applicant fails to give the Scheme Administrator an undertaking required to be given in connection with the application under this Division in terms satisfactory to the Scheme Administrator.
If the Scheme Administrator refuses an application for accreditation as an abatement certificate provider, the Scheme Administrator must advise the applicant in writing of the grounds on which the application was refused.
The Scheme Administrator may suspend or cancel the accreditation of a person as an abatement certificate provider in respect of an activity on any of the following grounds:
(a) the Scheme Administrator is satisfied that the person has ceased to be eligible for accreditation as an abatement certificate provider in respect of the activity,
(b) the person has requested the suspension or cancellation,
(c) the Scheme Administrator is satisfied that the person has contravened a provision of the Act, the regulations, the greenhouse gas benchmark rules or a condition to which the accreditation is subject,
(d) the person has become bankrupt, applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounded with his or her creditors or made an assignment of his or her remuneration for their benefit,
(e) the person is a corporation that is the subject of a winding up order or for which a controller or administrator has been appointed.
If the Scheme Administrator suspends or cancels the accreditation of a person, the Scheme Administrator is required to notify the person in writing of the suspension or cancellation and the grounds on which the accreditation is suspended or cancelled.
A suspension or cancellation takes effect when notice of the suspension or cancellation is served on the person by the Scheme Administrator, or on such later date as may be specified by the Scheme Administrator in the notice.
For the purposes of section 97DD (1) (a) of the Act, it is a condition of the accreditation of a person as an abatement certificate provider that the person does not contravene any of the provisions of this Division.
An accredited abatement certificate provider must not contravene any undertaking, of a kind referred to in clause 48, given to the Scheme Administrator in connection with the person’s application for accreditation.
An accredited abatement certificate provider in respect of an electricity generation activity must not create an abatement certificate in respect of output for which it has already created a renewable energy certificate, subject to the greenhouse gas benchmark rules.
If an accredited abatement certificate provider in respect of an electricity generation activity is accredited as an accredited power station under the Renewable Energy (Electricity) Act 2000 of the Commonwealth in respect of the generating system used in connection with that electricity generation activity, the provider must provide to the Scheme Administrator such information, authorities (such as release forms) or other assistance that the Scheme Administrator may, by notice in writing to the person, require for the purpose of obtaining from ORER, or substantiating, information relating to the following:
(a) any renewable energy certificates the provider has created during any period,
(b) the Commonwealth renewable energy scheme baseline of the accredited power station.
If an accredited abatement certificate provider in respect of an electricity generation activity obtains, at any time after accreditation, accreditation as an accredited power station under the Renewable Energy (Electricity) Act 2000 of the Commonwealth in respect of the generating system used in connection with that electricity generation activity, the provider must disclose that fact to the Scheme Administrator within 21 days of becoming accredited under the Renewable Energy (Electricity) Act 2000 of the Commonwealth.
An accredited abatement certificate provider in respect of a category A electricity generation activity must provide such information and assistance to the Scheme Administrator as the Scheme Administrator, by notice in writing to the accredited abatement certificate provider, may require for the purpose of estimating the Commonwealth renewable energy baseline of a power station that supplies electricity to the provider.
An accredited abatement certificate provider in respect of a category A electricity generation activity must notify the Scheme Administrator in writing of any change to the power purchase agreement (including any termination of that agreement) that gives rise to the provider’s entitlement to accreditation in respect of a category A electricity generation activity within 21 days after that change occurs.
An accredited abatement certificate provider who creates an abatement certificate in respect of a carbon sequestration activity must ensure the continued storage, by means of planted forests on eligible land, of the quantity of carbon dioxide stored by the activity in respect of which the certificate is created (calculated in accordance with the greenhouse gas benchmark rules) for a period of 100 years after the certificate is created.
An accredited abatement certificate provider in respect of a large user abatement activity must notify the Scheme Administrator in writing if the provider enters into any agreement or arrangement to purchase electricity from a retailer that has not already been notified to the Scheme Administrator.
The notification must be given to the Scheme Administrator within 21 days after entering into the agreement or arrangement.
An accredited abatement certificate provider in respect of an electricity generation activity must keep a record of the following:
(a) the amount of electricity supplied by the generating system,
(b) the type of fuel or fuels used by the generating system to generate electricity,
(c) the source of the fuel or fuels,
(d) the amount of each fuel used by the generating system to generate electricity.
An accredited abatement certificate provider in respect of a carbon sequestration activity must keep a record of the following:
(a) the location and size of any eligible land owned or controlled from time to time by the person,
(b) any carbon sequestration rights held in respect of any other eligible land from time to time,
(c) any activity conducted on land referred to in subclause (2) (a) or (b) that is likely to result in a reduction in the greenhouse gas emissions abated by the planted forests on that land, including any clearing of that land.
An accredited abatement certificate provider in respect of a demand side abatement activity must keep a record of the following:
(a) the location in which the activity occurred,
(b) the abatement of greenhouse gases (calculated in accordance with the greenhouse gas benchmark rules) associated with that activity,
(c) the methodology, data and assumptions used to calculate that abatement,
(d) if the activity relates to the on-site generation of electricity, the matters referred to in subclause (1).
An accredited abatement certificate provider in respect of a large user abatement activity must keep a record of the following:
(a) the location in which the activity occurred,
(b) emissions of greenhouse gases associated with that activity,
(c) the abatement of greenhouse gases (calculated in accordance with the greenhouse gas benchmark rules) associated with that activity,
(d) the methodology, data and assumptions used to calculate that abatement.
An accredited abatement certificate provider must keep such other records as the Scheme Administrator, by notice in writing to the accredited abatement certificate provider, requires the accredited abatement certificate provider to keep.
Subclause (1) does not apply to an accredited abatement certificate provider in respect of a category A electricity generation activity, but subclause (5) applies.
A record required to be kept by a person by or under this clause must be retained by the person for at least 6 years after the record is made.
Records are to be kept in a form and manner approved by the Scheme Administrator.
In this clause:
(a) cutting down, felling, thinning, logging or removing any trees on the land, or
(b) killing, destroying, poisoning, ringbarking, uprooting or burning trees on the land, or
(c) substantially damaging or injuring trees on the land in any other way.
An accredited abatement certificate provider must provide such information and assistance as is necessary to comply with any audit conducted under Division 8.
Without limiting subclause (1), an accredited abatement certificate provider must provide such access to premises as is necessary to comply with any schedule or timetable of audits agreed to by the accredited abatement certificate provider (whether before or after accreditation).
If the Scheme Administrator intends to impose a condition on the accreditation of a person as an accredited abatement certificate provider under section 97DD (1) (b) of the Act (including any condition of a kind referred to in section 97DD (3) of the Act), either at the time of accreditation or any time during the period in which the accreditation remains in force, the Scheme Administrator must give notice in writing of that fact to the person on whom the condition is to be imposed.
The condition takes effect on the date on which the notice is given to the person, or a later date specified in the notice, subject to subclause (3).
In the case of a condition to be imposed at the time of accreditation, the condition does not take effect until the date on which the person is accredited as an abatement certificate provider.
The Scheme Administrator may, at any time by notice in writing given to a person, revoke or vary a condition imposed on the accreditation of the person by the Scheme Administrator.
If the Scheme Administrator imposes or varies a condition of accreditation of a person, the Scheme Administrator must advise the person in writing of the reasons for the decision to impose or vary the condition.
This clause applies if the Scheme Administrator imposes a condition on the accreditation of a person as an accredited abatement certificate provider requiring the person to provide a financial assurance to the Scheme Administrator to secure or guarantee the person’s compliance with any order that may be made against the person under section 97EF of the Act.
The amount of any financial assurance required by the Scheme Administrator is to be determined by the Scheme Administrator having regard to the following:
(a) the activities in respect of which the person is accredited or to be accredited,
(b) the number of abatement certificates that the person has created or is likely to create,
(c) the frequency of audits conducted or to be conducted in respect of the person,
(d) any other matters the Scheme Administrator considers relevant.
A financial assurance is to be in such form as the Scheme Administrator considers appropriate (such as a bank guarantee or bond).
A financial assurance provided to the Scheme Administrator may be claimed or realised by the Scheme Administrator only if:
(a) an order is made against the person under section 97EF of the Act, and
(b) the person who gave the financial assurance fails to comply with the order.
The Scheme Administrator must give to the person who provided the financial assurance written notice of its intention to make a claim on or realise the financial assurance (or any part of it) at least 21 days before doing so.
The maximum amount that the Scheme Administrator may claim or recover under the financial assurance is the compliance cost in respect of the person’s failure to comply with the order under section 97EF of the Act.
For the purposes of this clause, the
Abatement certificates are to be created in a form approved by the Scheme Administrator.
Each abatement certificate is to include the following:
(a) a statement of the activity in respect of which the abatement certificate is created, including any information relating to that activity that the Scheme Administrator, by notice in writing to an accredited abatement certificate provider, requires to be included in the certificate,
(b) the compliance period in which the activity took place,
(c) the name of the person who created the certificate.
The Scheme Administrator may determine, in accordance with the greenhouse gas benchmark rules, a baseline for the activities of a person in respect of which an abatement certificate provider is entitled to create certificates.
Baselines may be used to determine the activities in respect of which abatement certificates may be created under the greenhouse gas benchmark rules.
The baseline is to be reduced in respect of the final compliance period by dividing the baseline by 365 and then multiplying it by the number of days in the final compliance period.
An accredited abatement certificate provider is not entitled to create an abatement certificate in respect of an activity that took place before the date on which the accredited abatement certificate provider lodged with the Scheme Administrator an application (completed to the satisfaction of, and in a form acceptable to, the Scheme Administrator) for accreditation as an abatement certificate provider.
Subclause (1) does not apply in respect of activities that take place in the year 2003 or during the period commencing on 1 January 2004 and ending on 30 June 2004.
In the year 2003, an accredited abatement certificate provider is not entitled to create an abatement certificate in respect of an activity that took place before 1 January 2003.
For avoidance of doubt, any regulations or greenhouse gas benchmark rules made under section 97EC (3) of the Act apply in respect of this clause.
Section 97EC (3) of the Act allows the regulations and greenhouse gas benchmark rules to specify when an activity is considered to have taken place for the purposes of Part 8A of the Act.
An application for registration of the creation of an abatement certificate is to be made to the Scheme Administrator in the form and manner approved by the Scheme Administrator.
The application is to be accompanied by a fee of $0.15 for each certificate created.
The Scheme Administrator may refuse an application for registration of the creation of an abatement certificate on any of the following grounds:
(a) the applicant is not an accredited abatement certificate provider or the accreditation of the person as an abatement certificate provider is suspended at the time of application,
(b) the application for registration was not duly made (including if it is not accompanied by the appropriate fee),
(c) the Scheme Administrator is not satisfied that the applicant was entitled to create an abatement certificate in respect of the activity,
(d) the Scheme Administrator is of the opinion that the accredited abatement certificate provider who created the certificate has contravened a provision of the Act, the regulations, the greenhouse gas benchmark rules or the conditions of the provider’s accreditation.
If the Scheme Administrator refuses an application for registration of the creation of an abatement certificate, the Scheme Administrator must notify the applicant in writing of the reasons for the determination.
This clause applies if an order is made or is proposed to be made under section 97EF of the Act against a person who has been found guilty of an offence against section 97DD (5) of the Act, being an offence that arose as a result of the following:
(a) the person contravening a condition referred to in clause 52 (relating to undertakings given to the Scheme Administrator in connection with benefits under mandatory greenhouse gas schemes),
(b) the person contravening a condition referred to in clause 53 (1) (relating to the creation of abatement certificates in respect of output for which a renewable energy certificate has already been created),
(c) the person contravening a condition a referred to in clause 55 (relating to maintenance of carbon sequestration).
For the purposes of section 97EF (4) of the Act, the number of certificates to be surrendered under the order is to be determined by the Scheme Administrator as follows:
(a) in a case referred to in subclause (1) (a)—the number that is equivalent to the number of abatement certificates that, in the opinion of the Scheme Administrator, were created in respect of output or greenhouse gas abatement for which a benefit was obtained under a mandatory greenhouse gas scheme,
(b) in a case referred to in subclause (1) (b)—the number that is equivalent to the number of abatement certificates that, in the opinion of the Scheme Administrator, were created by the person in contravention of the condition referred to in subclause (1) (b),
(c) in a case referred to in subclause (1) (c)—the number of abatement certificates that, in the opinion of the Scheme Administrator, were created by the person in respect of carbon sequestration activities and in respect of which the person has contravened the condition referred to in subclause (1) (c).
Transferable abatement certificates may be created in respect of the following activities:
(a) electricity generation activities,
(b) carbon sequestration activities,
(c) demand side abatement activities.
Any person (including a large user) who is an accredited abatement certificate provider in respect of an activity referred to in subclause (1) may create a transferable abatement certificate in respect of that activity in accordance with the Act, this Regulation and the greenhouse gas benchmark rules.
Non-transferable abatement certificates may be created in respect of large user abatement activities.
An accredited abatement certificate provider in respect of a large user abatement activity may create a non-transferable abatement certificate in respect of that activity in accordance with the Act, this Regulation and the greenhouse gas benchmark rules.
An application for registration of the transfer of an abatement certificate is to be made to the Scheme Administrator in the form and manner approved by the Scheme Administrator.
The Scheme Administrator may refuse an application for registration of the transfer of an abatement certificate on any of the following grounds:
(a) the application for registration is not duly made,
(b) the Scheme Administrator is of the opinion that the proposed transfer of the abatement certificate contravenes the Act, the regulations or the greenhouse gas benchmark rules.
If the abatement certificate is a non-transferable abatement certificate, the Scheme Administrator must refuse an application for registration of a transfer of the certificate unless the transfer is associated with the sale of the business of the transferor to the transferee or the Scheme Administrator is otherwise authorised to register the transfer. See section 97FB of the Act.
If the Scheme Administrator refuses an application for registration of the transfer of an abatement certificate, the Scheme Administrator must notify the applicant in writing of the reasons for the determination.
The register of accredited abatement certificate providers is to include the following information (in addition to the information specified in section 97GA of the Act):
(a) the activity or activities in respect of which the accredited abatement certificate provider is accredited as an abatement certificate provider,
(b) the total number of abatement certificates created by the accredited abatement certificate provider in respect of each of those activities and registered in the register of abatement certificates in the previous financial year,
(c) the States or Territories in which those activities took place,
(d) such other information relating to the person’s accreditation as the Scheme Administrator considers appropriate.
The register of accredited abatement certificate providers is to include the following information in relation to a person whose accreditation as an abatement certificate provider is suspended or cancelled:
(a) the name of the person,
(b) the type of certificates (that is, transferable or non-transferable) the person was formerly entitled to create under the terms of the person’s accreditation,
(c) the reason or reasons why the accreditation was suspended or cancelled,
(d) the date on which the accreditation was suspended or cancelled and, in the case of a suspension, the period of the suspension,
(e) any conditions of accreditation that continue to have effect in respect of the person.
The following information is to be made available for public inspection under section 97GA of the Act (in addition to the information referred to in section 97GA (4) of the Act):
(a) the information referred to in subclause (1) (c),
(b) the information referred to in subclause (2).
The Tribunal or the Scheme Administrator may at any time conduct or require audits to be conducted of accredited abatement certificate providers in relation to the following matters:
(a) the creation of abatement certificates,
(b) eligibility for accreditation,
(c) compliance with any conditions of accreditation.
An audit may be conducted for the purpose of:
(a) substantiating information provided to the Tribunal or Scheme Administrator, or
(b) determining whether the provider has complied with the Act, the regulations, the greenhouse gas benchmark rules or the conditions of the provider’s accreditation.
In the case of an audit required by the Tribunal, the Tribunal may require the audit to be conducted by:
(a) a person nominated by the Tribunal, or
(b) a person chosen by the accredited abatement certificate provider from a panel of persons nominated by the Tribunal, or
(c) a person nominated by the accredited abatement certificate provider and approved by the Tribunal.
In the case of an audit required by the Scheme Administrator, the Scheme Administrator may require the audit to be conducted by:
(a) a person nominated by the Scheme Administrator, or
(b) a person chosen by the accredited abatement certificate provider from a panel of persons nominated by the Scheme Administrator, or
(c) a person nominated by the accredited abatement certificate provider and approved by the Scheme Administrator.
An approved auditor is to conduct an audit in accordance with the directions (if any) of the Tribunal or Scheme Administrator.
A person must not impersonate an approved auditor.
Maximum penalty:
(a) in the case of a corporation—250 penalty units,
(b) in the case of an individual—100 penalty units.
For the purposes of section 97I (2) (d) of the Act, the following decisions are prescribed:
(a) a decision of the Scheme Administrator to impose or vary a condition of accreditation of an accredited abatement certificate provider,
(b) a decision of the Scheme Administrator to make a claim on or realise any financial assurance provided by an accredited abatement certificate provider.
This clause allows the decisions referred to above to be administratively reviewed by the Civil and Administrative Tribunal.
The Minister may, with the concurrence of the Treasurer, prepare and adopt a Social Programs for Energy Code for the purpose of facilitating the delivery of any aspect of the Government’s social programs for electricity.
A Code may require a service provider or retailer, or an exempt seller or other person exempted from the application of the National Energy Retail Law (NSW) (
The Minister may adopt or amend a Code by publishing it in the Gazette. A Code or an amendment takes effect on the day it is so published or on such later day as is specified in the Code.
Before adopting or amending a Code, the Minister must consult with the service providers, retailers or exempt persons proposed to be made subject to the Code.
The Minister may revoke a Code by publishing a notice of revocation in the Gazette. A revocation takes effect on the day the notice is published in the Gazette or on such later day as is specified in the notice.
Any consultation undertaken by the Minister before the commencement of this clause, in respect of a Code adopted on or after the commencement of this clause, is taken to be consultation for the purposes of subclause (4) in respect of that Code.
A Social Programs for Energy Code:
(a) may specify that particular services of service providers, retailers or exempt persons are to be provided to particular classes of persons free of charge, at specified charges or subject to specified discounts or rebates, and
(b) may require specified classes of customers to be supplied with electricity at discounted charges or to be given rebates on the charges paid by them for the supply of electricity, and
(c) may require a retailer or exempt person to establish and maintain facilities to ensure that Government payments that are provided to finance the supply of electricity at discounted charges are applied in accordance with the Code, and
(d) may require a retailer or exempt person to establish and maintain trust accounts in which Government payments that are provided to finance the supply of electricity at discounted charges are to be held pending their application in accordance with the Code, and
(e) may require a service provider, retailer or exempt person to furnish the Minister with periodic reports as to compliance with the Code, and
(f) may require a service provider, retailer or exempt person to establish and maintain accounting procedures to enable such reports to be prepared, and
(g) must specify the amount or a methodology by which the amount may be assessed by the Minister as the estimated cost to a service provider or retailer or exempt person of efficiently complying with the Code, and
(h) must specify arrangements for the payment to the service provider, retailer or exempt person of an amount equivalent to the estimated efficient costs assessed by the Minister, as referred to in paragraph (g), or, if the service provider or retailer or exempt person disputes that assessment, the costs assessed on a re-assessment under this Part.
If a Code adopted under this Part applies to a service provider, it is a condition of the service provider’s licence that the service provider must take the action required by the Code in accordance with the Code.
A service provider, retailer or exempt person must not fail to comply with a Social Programs for Energy Code that is applicable to the service provider, retailer or exempt person.
Maximum penalty: 100 penalty units (in the case of a corporation) or 25 penalty units (in any other case).
Any dispute between a service provider, retailer or exempt person and the Minister (being a dispute as to the cost to the service provider, retailer or exempt person of complying with the Social Programs for Energy Code) is to be referred to a committee constituted by one or more assessors.
The assessor or assessors to constitute such a committee are to be suitably qualified persons appointed by agreement between the service provider, retailer or exempt person and the Minister.
In determining a dispute that has been referred to it under this clause, a committee:
(a) must consider any representations made by the parties to the dispute, and
(b) must determine, on the basis of those representations and any other information available to it, the amount or a methodology by which the amount may be assessed as the efficient cost to the service provider, retailer or exempt person of complying with the direction to which the dispute relates.
A committee may conduct proceedings under this clause in such manner as it considers appropriate.
The committee’s decision on a dispute binds the parties to the dispute, but does not prevent the direction to which it relates from being withdrawn.
The committee’s decision as to the efficient costs is taken to be the amount of or the methodology for assessing costs for the purposes of the Minister’s direction and the direction is accordingly varied from the date specified in the decision.
A committee may determine 2 or more disputes in the same proceedings if it considers that it is appropriate to do so.
The costs of any proceedings under clause 75, including the costs of the committee, are to be borne by the parties in equal proportions unless the committee determines otherwise.
The committee may determine the proportion of the costs to be borne by each of the parties, having regard to the merits of the case, and, in that event, the costs are to be borne by the parties according to the committee’s determination.
Market operations rules may be made for or with respect to the administrative arrangements for delivery of social programs for energy.
The Minister may accept a written undertaking given by a service provider, retailer or exempt person in connection with compliance with a Social Programs for Energy Code.
The service provider, retailer or exempt person may, with the consent of the Minister, withdraw or vary the undertaking at any time.
If the Minister considers that a service provider, retailer or exempt person that gave the undertaking has breached any of its terms, the Minister may apply to the Local Court for an order under this clause.
If the Local Court is satisfied that the service provider, retailer or exempt person has breached a term of the undertaking, the Court may make all or any of the following orders:
(a) an order directing the service provider, retailer or exempt person to comply with the undertaking,
(b) an order directing the service provider, retailer or exempt person to pay to the State an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach,
(c) any order that the Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach,
(d) any other order that the Court considers appropriate.
The Minister may at any time conduct or require an audit to be conducted to determine whether a service provider, retailer or exempt person has complied with a Social Programs for Energy Code.
The Minister may require the audit to be conducted by:
(a) a person nominated by the Minister, or
(b) a person chosen by the service provider, retailer or exempt person from a panel of persons nominated by the Minister, or
(c) a person nominated by the service provider, retailer or exempt person and approved by the Minister.
The reasonable costs of an audit of a service provider, retailer or exempt person under this clause are payable by the service provider, retailer or exempt person.
A person must not impersonate an auditor who is required to carry out an audit under this clause.
Maximum penalty: 250 penalty units (in the case of a corporation) and 100 penalty units (in any other case).
In this Part:
Expressions used in this Part have the same meaning as they have in Part 9 of the Act.
For the purposes of the definition of
(a) Macquarie Generation,
(b) Delta Electricity.
For the purposes of section 107 (2) (b) of the Act, the following are liable acquisitions:
(a) the supply of electricity by Macquarie Generation to the Tomago Aluminium Company Pty Ltd,
(b) the supply of electricity by Delta Electricity to BlueScope Steel (AIS) Pty Ltd or BHP Billion Limited under an electricity supply arrangement.
For the purposes of section 113 (5) of the Act, the base penalty rate for each year is to be adjusted in accordance with the following formula:
where:
The first year in which the base penalty rate is to be adjusted is 2010.
The assessment of the liability of a scheme participant for an energy savings shortfall penalty (if any) that is provided by the scheme participant in an energy savings statement is taken, unless another assessment is or has been made by the Scheme Regulator, to be the liability of the scheme participant for an energy savings shortfall penalty for the year concerned.
This Part applies only to the extent to which a service provider may lawfully remove or trim trees apart from this Part (which it may do, for example, on behalf of a council) and does not itself authorise the removal or trimming of trees.
In this Part:
A service provider must not remove any tree, or trim any tree in a way that substantially damages the tree, unless:
(a) it is of the opinion that it is necessary to do so to protect its powerlines or the safety of persons or property under or near its powerlines, and
(b) it has considered alternative methods and is of the opinion that none of those methods are feasible in the circumstances (including economically feasible), and
(c) the service provider is acting in accordance with a tree management plan.
Alternative methods include, but are not limited to, the use of aerial bundled cables, the controlled trimming of trees and the appropriate location or relocation of powerlines (including placing them underground).
A service provider may establish a tree management plan for the trimming, or for the staged removal and replacement, of those species of trees that have a propensity to interfere with powerlines.
A tree management plan may contain (but need not be limited to) the following matters:
(a) lists of suitable species of trees for planting under or near powerlines in different localities or situations,
(b) plans for trimming or removing and replacing existing trees and for controlling future planting of suitable species of trees,
(c) trimming or removing trees in an emergency,
(d) methods for trimming trees,
(e) the use of accredited contractors for trimming trees,
(f) the intended allocation of costs between the service provider and the relevant council or councils for the district in which the plan is to operate,
(g) the environmental factors to be considered in trimming trees,
(h) the development of public education and publicity programs encouraging the selection of appropriate species of trees for planting under or near powerlines.
A tree management plan may make different provision with respect to public land, private land, urban land and rural land.
A tree management plan may be amended by a subsequent tree management plan.
A tree management plan is to be prepared in a way that gives an opportunity to comment on the proposed plan to the relevant council or councils for the district in which it is to operate, to the residents of the district and to local community groups.
In this Part:
(a) a development consent under Part 4 of the Environmental Planning and Assessment Act 1979, or
(b) an approval under Part 3A or Part 5.1 of that Act.
Words and expressions used in this Part have the same meaning as they have in Part 5E of the Act.
Work of the following kind, that is carried out within the distribution district of a distribution network service provider, is excavation work to which section 63Z of the Act applies:
(a) excavation for which development consent is required or that is carried out under a development consent,
(b) excavation that is, or is carried out in connection with, an activity within the meaning of Part 5 of the Environmental Planning and Assessment Act 1979,
(c) excavation of any land conducted by or on behalf of a public authority,
(d) excavation of any land on which an underground utility service is located, or proposed to be located, by or on behalf of the owner or proposed owner of the service,
(e) excavation of any land on which an underground utility service is located for the purpose of the repair or maintenance of works connected with the utility service.
Despite subclause (1), work of the following kind is not excavation work to which section 63Z of the Act applies:
(a) excavation conducted with the use of machinery or powered tools to a depth of less than 150 mm,
(b) excavation for the purposes of ploughing, to a depth of less than 250 mm, on land within a rural zone or a rural-residential zone under an environmental planning instrument,
(c) excavation conducted without the use of machinery or powered tools to a depth of less than 300 mm,
(d) excavation conducted under a lease, licence or mineral claim under the Mining Act 1992,
(e) excavation conducted in an emergency, including (but not limited to) work to prevent or mitigate injury or death or to prevent or mitigate serious damage to property or the environment,
(f) excavation conducted without the use of machinery or powered tools by, or on behalf of, the owner of a utility service for the purpose of ascertaining the location of the service or testing the integrity of the service,
(g) excavation conducted by, or on behalf of, the owner of a utility service to stop loss of water, if urgently required in response to water main leaks and breaks.
Subclauses (2) and (3) apply if power lines information provided to a person contains a requirement that notice of proposed notifiable excavation work must be given to the network operator that owns underground electricity power lines in the vicinity of the proposed work before the work is commenced.
A person must not commence to carry out, or authorise the commencement of, the notifiable excavation work unless the person has first given notice of the proposed work to the network operator.
The person must also provide to the network operator any information about the proposed work that is requested by the network operator.
A person who carries out notifiable excavation work must have made a request for information under section 63Z of the Act not earlier than 30 days before the work is commenced, unless a request has been made by another person in relation to that work within that period.
A person who carries out notifiable excavation work must, in carrying out that work, have regard to the following:
(a) any information, provided by the designated information provider or a network operator, as to the location and type of any underground electricity power line in the vicinity of the work,
(b) any other information provided to the person by a network operator or the designated information provider in respect of underground electricity power lines.
A person who undertakes excavation work is subject to duties and responsibilities under the Occupational Health and Safety Act 2000. The WorkCover Authority has prepared the Work Near Underground Assets Guideline, which contains practical advice for working near underground utility services and guidance as to how to meet the requirements of the Occupational Health and Safety Act 2000 when carrying out excavation work.
A network operator that is notified of proposed notifiable excavation work in the vicinity of underground electricity power lines owned by the network operator must ensure that the person who notifies the work, or the person proposing to carry out the work, is informed of the existence of the Work Near Underground Assets Guideline published in 2007 by the WorkCover Authority.
The network operator must provide a copy of that Guideline if requested to do so by the person who notifies the work or who is proposing to carry out the work.
A person who is required to notify a network operator under section 63ZA (1) of the Act of damage to an underground electricity power line must notify the network operator:
(a) by telephoning the contact telephone number provided to the person by the designated information provider for that purpose, or
(b) if no such contact telephone number is provided, by telephoning the emergency contact telephone number for the network operator that is listed in a telephone or internet directory.
The maximum amount of civil monetary liability of a designated information provider, any officer or employee of a designated information provider or any person acting on behalf of a designated information provider for an act or omission of a kind referred to in section 63ZC (2) of the Act done or made through negligence is $10 million.
For the purposes of section 191 (1A) (k) of the Act, the additional criteria are as follows:
(a) a credit must not be recorded in respect of a customer for electricity produced by more than one generator,
(b) a credit must not be recorded in respect of electricity produced by a generator that connects to the distribution network by way of an inverter if the inverter has a capacity of more than 10 kilowatts,
(c) a credit must not be recorded in respect of electricity produced by a solar photovoltaic generator installed and connected after the commencement of section 15A of the Act unless the generator was installed by a person, who at the time of the installation had a Grid-connect Design Install accreditation from the Clean Energy Council.
For the purposes of the definition of
For the purposes of clause 61 (2) (c) of Schedule 6 to the Act, a person who makes an application to connect a generator to the distribution network must provide the following documents (or copies) to the Director-General (or a person or body appointed by the Director-General) on request:
(a) a document (such as a receipt or a copy of an application form) that proves that the application was received by the relevant distribution network service provider before 19 November 2010, and
(b) a document, such as a signed contract, order form, tax invoice or receipt, that proves that the customer to which the application relates entered a binding agreement to purchase or lease the generator before 28 October 2010.
If the person who made the application is not the customer and that person fails to produce a document when requested to do so under subclause (1), the customer must provide the document (or copy) if requested to do so.
For the purposes of section 15A (7) of the Act, a distribution network service provider must provide to the Minister and the Director-General:
(a) a report containing the information set out in section 15A (7) (a) and (c) of the Act as soon as practicable after the end of each reporting period, being each period of 14 days following the commencement of this clause, and
(b) a report containing the information set out in section 15A (7) (b) and (d) of the Act as soon as practicable after the end of each reporting period, being each period of 6 months following the commencement of this clause.
The report under subclause (1) (a) must also specify the total number of customers in the distribution network service provider’s distribution district who have applied to install and connect a complying generator but who have not yet connected the generator and the total generating capacity of those generators.
The information under section 15A (7) (b) of the Act is to specify the number of customers within each postcode who have installed and connected complying generators.
The information under section 15A (7) (d) of the Act is to specify the amount of electricity supplied each calendar month by complying generators.
The information in a report is to reflect the position as at the end of the relevant reporting period or calendar month as the case may be.
A distribution network service provider must also provide to the Director-General, at such times and in such form as the Director-General may request, the following information in relation to a customer who has connected, or applied to connect, a complying generator:
(a) the date that the application to connect the generator was received by the distribution network service provider,
(b) the name and address of the customer and the address where the generator is, or is to be, installed,
(c) the name and address of the person (if any) who made the application on behalf of the customer,
(d) whether the customer is a regulated offer customer or other customer eligible for a credit under section 15A of the Act and if so, the reason why,
(e) the rate per kilowatt hour recorded, or to be recorded, in respect of electricity supplied by the customer,
(f) the name, licence number and contact details of the person who installed, or is to install, the generator.
In this clause:
For the purposes of clause 61 (4) of Schedule 6 to the Act, clause 61 of that Schedule does not cease to apply in respect of a complying generator if the new person in respect of whom the credit is to be recorded for electricity produced by the generator has a domestic relationship (within the meaning of the Crimes (Domestic and Personal Violence) Act 2007) with the person in respect of whom the credit was previously recorded.
For the purposes of section 15A (5) of the Act, the amount of $0.60 per kilowatt hour is prescribed if:
(a) the electricity is generated by a complying generator (including a generator that is taken to be a complying generator because of clause 60 of Schedule 6 to the Act) that was first connected to the distribution network before 28 October 2010, and
(b) the generator had its capacity increased on or after that date using eligible components, and
(c) the customer retains a proof of purchase document, and provides that document (or a copy), within a reasonable time, to the Director-General (or a person or body appointed by the Director-General) on request.
This clause ceases to apply in respect of a generator if the capacity of the generator is increased to more than 10 kilowatts or is increased using components other than eligible components.
This clause ceases to apply in respect of a generator (including a generator that replaces that generator) if there is a change in the person in respect of whom the credit is recorded for electricity produced by the generator unless the new person in respect of whom the credit is to be recorded has a domestic relationship (within the meaning of the Crimes (Domestic and Personal Violence) Act 2007) with the person in respect of whom the credit was previously recorded.
An agreement entered into by a customer to purchase or lease a generator is a binding agreement for the purposes of this clause even if the agreement permits the customer to terminate the agreement without penalty.
In this clause:
This clause is made pursuant to section 15A (8F) of, and clause 1 of Schedule 6 to, the Act.
This clause applies to a regulated offer customer or other customer eligible for a credit under section 15A of the Act if:
(a) a notice is published under section 15A (8C) of the Act, and
(b) before 29 April 2011, a distribution network service provider received an application under section 15A (3) of the Act by or on behalf of the customer to have customer connection services provided so as to connect, or permit the connection of, a complying generator to the distribution network service provider’s distribution network, and
(c) the complying generator was not connected to the distribution network before the date specified in the notice but was connected on or before 30 June 2012.
The customer is entitled to have credits recorded under section 15A of the Act, and amounts paid under section 34A of the Act, in respect of electricity produced by the complying generator as if the generator had been connected to the distribution network before the notice was published.
In this Division:
Each energy distributor (within the meaning of the Energy Services Corporations Act 1995) that was in existence at the commencement of the former Regulation, and that was taken to hold, on the commencement of this Regulation, a service provider’s licence authorising it to operate its distribution system so as to convey electricity for or on behalf of retailers, continues to be taken to hold that licence.
An accreditation scheme recognised under the former Regulation immediately before the commencement of this Regulation is taken to have been recognised under this Regulation.
Nothing in this Regulation affects an appeal made under Part 7 of the former Regulation and not determined before the commencement of this Regulation.
The amendments made by the Electricity Supply (General) Amendment (Retail Supply) Regulation 2012 (the
(a) any amount payable under a bill issued before the commencement of that Regulation, or to any bill issued before that commencement,
(b) the recovery of an undercharged amount if the supplier determined before that commencement that the amount had been undercharged,
(c) the reimbursement of an overcharged amount if the supplier determined before that commencement that the amount had been overcharged,
(d) the disconnection of premises or discontinuance of the supply of electricity to premises, if the right to take action to disconnect the premises or discontinue supply arose before that commencement,
(e) a security deposit paid before that commencement.
This Regulation, as in force before the commencement of the amending Regulation, continues to apply in respect of a matter referred to in subclause (1) (a)–(e).
Schedule 4 has effect.
For the purposes of section 63C of the Act, market operations rules may be made for or with respect to the following matters:
(a) (Repealed)
(b) record keeping by retailers and service providers,
(c) obligations and procedures relating to the implementation of systems relating to the transfer of information between retailers and service providers, including if required to be made under any Act or other law relating to the supply of electricity related services.
For the purposes of the definition of
A requirement of this Regulation that a person be given written notice is a requirement that the person be given notice in writing either personally or by post.
If previously agreed between the parties, a person may be given written notice by personal e-mail or facsimile transmission.
For the purposes of section 76 of the Interpretation Act 1987, a notice served by post on a person for the purposes of this Regulation is to be treated as being properly addressed if it is addressed to the address of the person last known to the person giving the notice.
For the purposes of this Regulation, a document may be given to or served on an applicant for accreditation as an accredited abatement certificate provider, an accredited abatement certificate provider, a service provider or a supplier by leaving it at or sending it by post to any office of the applicant, accredited abatement certificate provider, service provider or supplier. This clause does not affect the operation of any provision of a law or of the rules of a court authorising a document to be served on an applicant for accreditation as an accredited abatement certificate provider, an accredited abatement certificate provider, a service provider or a supplier in a different manner.
For the purposes of section 54 (1A) of the Act, the following are prescribed electricity works:
(a) electricity service equipment for which the retailer has responsibility,
(b) systems for the metering and control of electricity supply for which the retailer has responsibility.
For the purpose of section 43EJ (1) of the Act, 30 June 2016 is prescribed as the day on which Division 5 of Part 4 of the Act ceases to have effect.
(Repealed)
(Repealed)
(Clause 156)
The part of Wakool referred to in the description of Essential Energy’s distribution district in Schedule 3 to the Act is such part of Wakool as is illustrated as being within that distribution district by the map marked “Far West Energy—Distribution District”, copies of which are displayed on the website of the Department.
The part of Windouran referred to in the description of Essential Energy’s distribution district in Schedule 3 to the Act is such part of Windouran as is illustrated as being within that distribution district by the map marked “Far West Energy—Distribution District”, copies of which are displayed on the website of the Department.
The part of the unincorporated area referred to in the description of Essential Energy’s distribution district in Schedule 3 to the Act is the whole of that area.
The part of Wakool referred to in the description of Essential Energy’s distribution district in Schedule 3 to the Act is such part of Wakool as is illustrated as being within that distribution district by the map marked “Energy South—Distribution District”, copies of which are displayed on the website of the Department.
The part of Windouran referred to in the description of Essential Energy’s distribution district in Schedule 3 to the Act is such part of Windouran as is illustrated as being within that distribution district by the map marked “Energy South—Distribution District”, copies of which are displayed on the website of the Department.
The part of Merriwa referred to in the description of Essential Energy’s distribution district in Schedule 3 to the Act is such part of Merriwa as was within the distribution district of Ulan Electricity, as it was immediately before the date of amalgamation.
The part of the unincorporated area referred to in the description of Essential Energy’s distribution district in Schedule 3 to the Act is such part of that area as includes:
(a) Western Land Portions WL 3486, WL 3487 and WL 3488 in the County of Fitzgerald, and
(b) the County of Ularara (Western Land Portions WL 1056, WL 1059, WL 1062, WL 1063 and WL 3069 excepted), and
(c) the Counties of Delalah and Thoulcanna.
The part of Merriwa referred to in the description of Ausgrid’s distribution district in Schedule 3 to the Act is such part of Merriwa as was within the distribution district of Shortland Electricity, as it was immediately before the date of amalgamation.
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