Gas (Retailer Energy Efficiency Scheme) (Public Health Emergency) Variation Regulations 2020 (SA)

South Australia

Gas (Retailer Energy Efficiency Scheme) (Public Health Emergency) Variation Regulations 2020

under the Gas Act 1997

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Gas Regulations 2012

4            Insertion of regulation 29A

29A         Special arrangements for COVID-19 public health emergency

Part 1—Preliminary

1—Short title

These regulations may be cited as the Gas (Retailer Energy Efficiency Scheme) (Public Health Emergency) Variation Regulations 2020.

2—Commencement

These regulations come into operation on the day on which they are made.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Gas Regulations 2012

4—Insertion of regulation 29A

After regulation 29 insert:

29A—Special arrangements for COVID-19 public health emergency

(1)The Minister may, by notice in the Gazette, determine that either or both of the following alternative arrangements apply for the purposes of this regulation:

(a)an alternative arrangement involving the Minister varying a target that would otherwise apply to a retailer for 2020 by reducing the target by a percentage specified by the Minister and increasing the relevant target applying to the retailer for 2021 by the amount of the reduction;

(b)an alternative arrangement involving the Minister, on payment of the specified amount by a retailer into the designated fund, varying a target that would otherwise apply to a retailer for 2020 by reducing the target by a percentage specified by the Minister.

(2)The Minister may, in the notice under subregulation (1), invite retailers to apply for approval of an alternative arrangement under this regulation.

(3)A retailer may, within 14 days of publication of the notice under subregulation (1), apply to the Minister for approval of an alternative arrangement for the retailer.

(4)If the Minister, on application by a retailer in accordance with subregulation (3), approves an alternative arrangement of a kind referred to in subregulation (1)(a) for the retailer, the Minister must, by notice in the Gazette, specify—

(a)the target that applies to the retailer for 2020 under the alternative arrangement; and

(b)the amount to be added to the relevant target applying to the retailer for 2021.

(5)If the Minister, on application by a retailer in accordance with subregulation (3), approves an alternative arrangement of a kind referred to in subregulation (1)(b) for the retailer, the Minister must, by notice in the Gazette, specify the target that applies to the retailer for 2020 under the alternative arrangement.

(6)The Minister must ensure that a copy of a notice under subregulation (4) or (5) is sent to the retailer as soon as practicable after the publication of the notice.

(7)An application by a retailer in accordance with subregulation (3) seeking an alternative arrangement of a kind referred to in subregulation (1)(b) must be accompanied by the specified amount for the retailer and the Minister must ensure that the specified amount is paid into the designated fund.

(8)If the Minister specifies a target that applies to a retailer for 2020 under an alternative arrangement under this regulation (including an alternative arrangement that is varied under this regulation), that target applies in substitution for the target notified by the Commission as applying to the retailer under regulation 26(1) (as adjusted under regulation 26(2)).

(9)The Minister may, by further notice in the Gazette, increase a percentage specified in a notice under subregulation (1).

(10)If the Minister increases a percentage by further notice under subregulation (9), a retailer may, within 14 days of the notice—

(a)in the case of a retailer for which an alternative arrangement has been approved under this regulation—apply to the Minister for variation of the alternative arrangement; or

(b)in any other case—apply to the Minister for approval of an alternative arrangement for the retailer.

(11)Subregulations (4) to (8) apply to—

(a)an application for a variation of an alternative arrangement under subregulation (10)(a); or

(b)an application for an alternative arrangement under subregulation (10)(b),

as if it were an application for approval of an alternative arrangement made in accordance with subregulation (3).

(12)In this regulation—

alternative arrangement means an arrangement of a kind referred to in subregulation (1)(a) or (b) (or both) if the Minister specifies that the arrangement (or both arrangements) applies for the purposes of this regulation in a notice under that subregulation;

designated fund means a fund established by the Minister into which amounts are to be paid under an alternative arrangement of a kind referred to in subregulation (1)(b) and which may be applied for the purposes referred to in section 91A(12)(a) and (b) of the Act;

specified amount—the specified amount under subregulation (1)(b) for a retailer must reflect the reduction in the retailer's target by the specified percentage and is to be calculated by multiplying the amount of the reduction by a rate per GJ (for energy efficiency activities) or an amount per audit (for energy audits).

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 9 July 2020

No 233 of 2020