National Electricity (New South Wales) Regulation 2022 (NSW)

1Name of Regulation

This Regulation is the National Electricity (New South Wales) Regulation 2022.

2Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

Note—

This Regulation repeals and replaces the National Electricity (New South Wales) Regulation 2015, which would otherwise be repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).

3Definition

In this Regulation—

the Act means the National Electricity (New South Wales) Act 1997.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

4Modification of National Electricity Rules—registration as Network Service Provider

For the Act, section 9(2)(a), the National Electricity Rules are modified by inserting the following clause after Chapter 9, Part B, rule 9.12, clause 9.12.4—

9.12.5Registration as a Network Service Provider(a)

The lessor of a transacted distribution system or transacted transmission system under a lease is, while the lease is in force, exempt from complying with clause 2.5.1 in relation to the activity of owning the distribution system or transmission system.

(b)

In this clause—

transacted distribution system means a transacted distribution system under the Electricity Network Assets (Authorised Transactions) Act 2015.

transacted transmission system means a transacted transmission system under the Electricity Network Assets (Authorised Transactions) Act 2015.

5Modification of National Electricity Rules—transitional arrangements for TransGrid

For the Act, section 9(2)(b), the National Electricity Rules are modified as follows—

• (a)

  omit “TransGrid” from Chapter 9, Part B, clause 9.14.1 and insert instead “the transmission system operator”,

• (b)

  renumber clause 9.14.1 as clause 9.14.1(a),

• (c)

  insert after clause 9.14.1(a), as renumbered—

  (b)

  In this clause—

  transmission system operator means the Network Service Provider that operates the transmission system that is a transacted transmission system under the Electricity Network Assets (Authorised Transactions) Act 2015.

5ARegulated stand-alone power systems—the Act, s 8A

For the National Electricity (NSW) Law, section 6B, a stand-alone power system consisting of a distribution system owned, controlled or operated, or proposed to be owned, controlled or operated, by Ausgrid, Essential Energy or Endeavour Energy is a regulated stand-alone power system.

s 5A: Ins 2022 (711), sec 3.

5BApplication of National Electricity (NSW) Law, Part 8AA—the Act, s 8A

For the National Electricity (NSW) Law, section 118AB(1), Part 8AA of that law applies in full in the State on and from the date the National Electricity (New South Wales) Amendment (Orderly Exit Management Framework Opt-in) Regulation 2025 commences.

s 5B: Ins 2025 (603), Sch 1.

5CFinancial vehicle—the Act, s 8A

For the National Electricity (NSW) Law, section 118AS(1), the financial vehicle must be established by the Minister appointing as the financial vehicle the person or body the Minister is satisfied is appropriate to undertake the functions of the financial vehicle.

s 5C: Ins 2025 (603), Sch 1.

6Repeal and savings(1)

The National Electricity (New South Wales) Regulation 2015 is repealed.

(2)

An act, matter or thing that, immediately before the repeal of the National Electricity (New South Wales) Regulation 2015, had effect under that Regulation continues to have effect under this Regulation.

Historical notesTable of amending instruments

National Electricity (New South Wales) Regulation 2022 (498). LW 26.8.2022. Date of commencement, on publication on LW, sec 2. This Regulation has been amended as follows—

2022	(711)	National Electricity (New South Wales) Amendment (Regulated Stand-Alone Power Systems) Regulation 2022. LW 25.11.2022. Date of commencement, on publication on LW, sec 2.
2025	(603)	National Electricity (New South Wales) Amendment (Orderly Exit Management Framework Opt-in) Regulation 2025. LW 7.11.2025. Date of commencement, on publication on LW, sec 2.

Table of amendments

Sec 5A	Ins 2022 (711), sec 3.
Sec 5B	Ins 2025 (603), Sch 1.
Sec 5C	Ins 2025 (603), Sch 1.