National Electricity (South Australia) (Local Provisions) Regulations 2019 (SA)

South Australia

National Electricity (South Australia) (Local Provisions) Regulations 2019

under the National Electricity (South Australia) Act 1996

1Short title

These regulations may be cited as the National Electricity (South Australia) (Local Provisions) Regulations 2019.

3Modification of National Electricity Rules – retailer reliability obligation

1. (1)

   In accordance with section 19C of the Act, the National Electricity Rules, insofar as they have effect as part of the law of South Australia, apply in relation to any T‑3 reliability instrument made by the Minister under section 19B(1) of the Act—

   1. (a)

      as though a reference in the following Parts and provisions of the Rules to a forecast reliability gap period includes a reference to the period specified in the instrument for the purposes of section 19B(2) of the Act:

      1. (i)

         Rule 4A.C.4;

      2. (ii)

         Rule 4A.D.4;

      3. (iii)

         Rule 4A.D.5;

      4. (iv)

         Rule 4A.D.9;

      5. (v)

         Part G of Chapter 4A;

      6. (vi)

         Part H of Chapter 4A; and

   2. (b)

      as though a reference in the following Parts and provisions of the Rules to a forecast reliability gap includes a reference to a gap specified in the instrument for the purposes of section 19B(2) of the Act:

      1. (i)

         Rule 4A.A.1;

      2. (ii)

         Rule 4A.C.4;

      3. (iii)

         Part G of Chapter 4A;

      4. (iv)

         Part H of Chapter 4A; and

   3. (ba)

      as though, in Rule 4A.C.5(a), after "AER makes a T-3 reliability instrument" there were inserted:

      or the South Australian Minister makes a T‑3 reliability instrument under section 19B of the National Electricity (South Australia) Act 1996

   4. (c)

      as though, in Rule 4A.H.3(a)(1), after "T-3 reliability instrument" there were inserted:

      or the South Australian Minister makes a T‑3 reliability instrument under section 19B of the National Electricity (South Australia) Act 1996

2. (2)

   In accordance with section 19C of the Act, the National Electricity Rules, insofar as they have effect as part of the law of South Australia, apply in relation to a T‑3 reliability instrument of a kind referred to in section 19B(8) of the Act and a T‑1 reliability instrument for a region related to such a T‑3 reliability instrument—

   1. (a)

      as though the following amendments were made to those Rules:

      1. (i1)

         Rule 4A.C.3(b)(3)—delete "second" and substitute:

         first

      2. (i)

         Rule 4A.C.10(b)—delete "which must be a day in the period which starts 7 days before the T-1 cut-off day and ends on that day (inclusive)" and substitute:

         which day must be the day that falls 6 months before the first day of the reliability gap period;

      3. (ii)

         Rule 4A.D.7—delete "that is 18 months after the date the relevant T-3 reliability instrument is effective" and substitute:

         that falls 6 months before the contract position day

      4. (iii)

         Rule 4A.G.16(a)(1)—delete "5" and substitute:

         20

      5. (iv)

         Rule 4A.G.16(d)(1)—delete subparagraph (1) and substitute:

         1. (1)

            the contract position day;

   2. (b)

      if the AER has not established an Auditors Panel under Rule 4A.E.5(a) on or before the day that falls 3 months before the reporting day specified in the T‑1 reliability instrument, as though references to an Independent Auditor in Rule 4A.E.5(b), (c) and (e) were references to an auditor appointed from a panel of auditors established and maintained by the Minister.

3. (3)

   In this regulation—

Act means the National Electricity (South Australia) Act 1996.

4Regulated stand‑alone power systems

In accordance with section 6B of the National Electricity Law, the stand‑alone power system comprised of the distribution network described in the maps annexed (in Schedule 3) to the licence authorising the distribution of electricity issued by the South Australian Independent Industry Regulator on 11 October 1999, as varied from time to time, (being the licence held by SA Power Networks (ACN 332 330 749)) forms part of the national electricity system.

Legislative history

Notes

• •

  Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

• •

  Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

• •

  For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or regulations and variations

  New entries appear in bold.

  Year	No	Reference	Commencement
  2019	171	Gazette 27.6.2019 p2374	1.7.2019: r 2
  2020	24	Gazette 12.3.2020 p505	12.3.2020: r 2
  2021	179	Gazette 9.12.2021 p4329	9.4.2022: r 2

  Provisions varied

  New entries appear in bold.

  Entries that relate to provisions that have been deleted appear in italics.

  Provision	How varied	Commencement
  r 2	omitted under Legislation Revision and Publication Act 2002	12.3.2020
  r 3
  r 3(1)	amended by 179/2021 r 4	9.4.2022
  r 3(2)	varied by 24/2020 r 4	12.3.2020
  r 4	inserted by 179/2021 r 5	9.4.2022

  Transitional etc provisions associated with regulations or variations

  National Electricity (South Australia) (Local Provisions) Variation Regulations 2020 (No 24 of 2020), Sch 1

  1Transitional provision

  Regulation 3(2)(a)(i1) of the National Electricity (South Australia) (Local Provisions) Regulations 2019 (as inserted by regulation 4) applies in relation to a T‑3 reliability instrument of a kind referred to in section 19B(8) of the National Electricity (South Australia) Act 1996, regardless of whether the T‑3 reliability instrument was made before or after the commencement of regulation 4.

  Historical versions

  12.3.2020