Schedule 6 Savings, transitional and other provisions
(Section 193)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:Electricity Legislation Amendment (TransGrid) Act 2000, but only to the extent it amends this Act
Electricity Supply Amendment (Greenhouse Gas Emission Reduction) Act 2002
Electricity (Consumer Safety) Act 2004, but only in relation to the amendments made to this Act
Energy Administration Amendment (Water and Energy Savings) Act 2005, but only to the extent that it amends this Act
Electricity Supply Amendment (Protection of Electricity Works) Act 2006
Electricity Supply Amendment (Greenhouse Gas Abatement Scheme) Act 2006
Energy Legislation Amendment (Infrastructure Protection) Act 2009
Electricity and Gas Supply Legislation Amendment (Retail Price Disclosures and Comparisons) Act 2010, but only to the extent that it amends this Act
State Revenue and Other Legislation Amendment (Budget Measures) Act 2012, but only to the extent that it amends this Act
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
1A Regulations on repeal of provisions of Part 8A
(1) The regulations may contain provisions of a savings or transitional nature consequent on the repeal of a provision of Part 8A.(2) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Part 2 Provisions consequent on enactment of Electricity Supply Act 1995
Division 1 Provisions relating to Electricity Safety Act 1945
In this Division:amended Act means the Electricity Safety Act 1945, as amended by this Act.
3 Action taken under Division 7 of Part 2A of the amended Act
Any action taken by an electricity distributor under Division 7 of Part 2A of the amended Act in relation to any premises is deemed to have been taken by the electricity distributor within whose distribution district those premises are situated.
4 Requirements of statutory bodies under section 7J of the amended Act
Any requirement of a statutory body under section 7J of the amended Act that applied to an electricity distributor immediately before its repeal in relation to anything done by the electricity distributor in, on or over a public road or public reserve is taken to apply to the electricity distributor within whose distribution district the relevant part of the public road or public reserve is situated.
5 Approvals by an electricity distributor under section 7K of the amended Act
Any approval by an electricity distributor under section 7K of the amended Act that had effect immediately before its repeal in relation to the erection or placement of anything is taken to be an approval by the electricity distributor within whose distribution district the relevant part of that thing is situated.
6 Requirements of an electricity distributor under section 7M of the amended Act
Any requirement of an electricity distributor under section 7M of the amended Act that applied to a person immediately before its repeal in relation to a conduit owned by that person is taken to be a requirement of the electricity distributor within whose distribution district the relevant part of the conduit is situated.
7 Action by an electricity distributor under section 7N of the amended Act
Any action taken by an electricity distributor under section 7N of the amended Act before its repeal in relation to:(a) the demolition or removal of a structure or thing, or(b) the repair of a work,is deemed to have been taken by the electricity distributor within whose distribution district the relevant part of the work is situated.
8 Documents served on an electricity distributor under section 7V of the amended Act
Any document served on an electricity distributor in accordance with section 7V of the amended Act before its repeal in relation to a matter concerning a particular place is taken to have been duly served on the electricity distributor within whose distribution district that place is situated.
9 Continuation of Part 3C of the amended Act
Part 3C of the amended Act continues to apply to and in respect of any charges for electricity supplied by an electricity supply authority within the meaning of that Act in relation to an accounting period that commenced before its repeal.
10 Conditions of electricity connection and supply
Until a customer connection contract or customer supply contract comes into force with respect to a customer of an electricity distributor, the conditions on which customer connection services and electricity supply are provided to the customer are to be the same as those that applied to the customer under section 26D of the amended Act immediately before its repeal.
Division 2 Provisions relating to Sydney Electricity Act 1990
In this Division:former Act means the Sydney Electricity Act 1990.
12 Dissolution of Sydney Electricity
Sydney Electricity (being the corporation constituted by section 4 of the former Act) is dissolved.
13 Abolition of board of directors
(1) The board of directors for Sydney Electricity (being the body established by section 8 of the former Act) is abolished.(2) Part 8 of the Public Sector Management Act 1988 applies to each member of the board of directors for Sydney Electricity as if the member had been removed from office by the Governor under section 90 of that Act.
14 Removal from office of chief executive officer
(1) The office of chief executive officer of Sydney Electricity is abolished.(2) Part 2A of the Public Sector Management Act 1988 applies to the chief executive officer of Sydney Electricity as if the chief executive officer had been removed from office by the Governor under section 42Q of that Act.
The Electricity (Tree Preservation) Regulation 1995 is taken to be a regulation under this Act and may be amended and repealed accordingly.
16 Certain persons taken to hold authorisations and licences
(1) TransGrid is taken to hold:(a) a network operator’s authorisation authorising it to operate its transmission system for the purpose of conveying electricity for or on behalf of wholesale traders, and(b) a wholesale trader’s authorisation authorising it to enter into any kind of wholesale supply arrangement.(2) Pacific Power, and each electricity generator (within the meaning of the Energy Services Corporations Act 1995) that was in existence when this clause commenced, is taken to hold a wholesale trader’s authorisation authorising it to enter into any kind of wholesale supply arrangement.(3), (4) (Repealed)(5) Schedule 2 applies to authorisations and licences that are taken to be held as referred to in subclauses (1), (2), (3) and (4) in the same way as it applies to authorisations and licences granted in accordance with that Schedule.
17 Review of distribution district boundaries to be carried out within 2 years
(1) Within 2 years after the commencement of this clause, the Minister must cause a review to be undertaken for the purpose of ascertaining whether it is appropriate for the boundaries of electricity distributors’ distribution districts to be varied.(2) The review is to be undertaken by a committee of at least 3 persons appointed by the Minister, of whom:(a) one is to be a public servant employed within the Treasury, and(b) one is to be a public servant employed within the Department of Energy, and(c) the remainder (of whom one is to be appointed as chairperson) are such persons (whether or not public servants) as the Minister may determine.(3) Subject to any directions given by the Minister, the procedures of the committee are to be determined by the committee.
18 Existing electricity supply arrangements
Section 179 does not apply to electricity supply arrangements (including any covenants, promises, guarantees, obligations, undertakings, liabilities and other agreements in relation to the supply of electricity) entered into before the commencement of that section.
19 Water supply functions of certain energy distributors
(1) An energy distributor that was exercising water supply functions under section 6FB of the Electricity Safety Act 1945 immediately before the repeal of that section may continue to exercise those functions as if that section had not been repealed.(2) For the purposes of this clause, the following provisions (as in force immediately before their repeal) continue to have effect, and are taken to have had effect at all times since their repeal, as if they had not been repealed:(a) section 6FB (subsection (5) excepted) of the Electricity Safety Act 1945,(b) section 750 of, and Schedule 9 to, the Local Government Act 1993.(3) Schedule 3 to the Energy Services Corporations Act 1995 applies to the transfer of staff, assets, rights or liabilities under section 6FB of the Electricity Safety Act 1945, as applied by subclause (2).(4) For the purpose of the application of the exercise of the water supply functions conferred by section 6FB of the Electricity Safety Act 1945, as applied by subclause (2):(a) the reference in subsection (1) (a) of that section to Northern Riverina Electricity is taken to be a reference to Great Southern Energy, and(b) the reference in subsection (1) (c) of that section to Southern Riverina Electricity is taken to be a reference to Great Southern Energy, and(c) the distribution district of Great Southern Energy is taken to be the same as the combined distribution districts of Northern Riverina Electricity and Southern Riverina Electricity, as they were immediately before 1 October 1995.(5) For the purpose of the application of the exercise of the water supply functions conferred by section 6FB of the Electricity Safety Act 1945, as applied by subclause (2):(a) the reference in subsection (1) (b) of that section to Oxley Electricity is taken to be a reference to NorthPower, and(b) the distribution district of NorthPower is taken to be the same as the distribution district of NorthPower, as it was immediately before 1 October 1995.(6) This clause ceases to have effect on 1 July 1998 or on such later date as may be prescribed by the regulations.
The amendments made to Schedule 2 to this Act by Schedule 1 to the Statute Law (Miscellaneous Provisions) Act (No 2) 1999 extend to a licence in force immediately before the commencement of those amendments.
Part 4 Provisions consequent on enactment of Electricity Supply Amendment Act 2000
In this Part:amending Act means the Electricity Supply Amendment Act 2000.
instrument means any other Act or statutory instrument.
22 Change of nomenclature: electricity distributor
(1) A reference in any instrument (other than this Act) to an electricity distributor (in its capacity as the operator of a distribution system) is to be construed as a reference to a distribution network service provider.(2) A reference in any instrument (other than this Act) to an electricity distributor’s licence is to be construed as a reference to a distribution network service provider’s licence.(3) An electricity distributor’s licence is taken to be a distribution network service provider’s licence and the provisions of this Act as amended by the amending Act apply accordingly.
23 Distribution network service provider holding retail supplier’s licence
(1) This clause applies to a distribution network service provider that held a retail supplier’s licence immediately before the commencement of Schedule 1 [4] to the amending Act.(2) The Minister may impose a condition on the licence of a distribution network service provider requiring the distribution network service provider to take all such steps as are necessary to effect the transfer of a retail supplier’s licence held by the distribution network service provider.(3) The Minister may impose such conditions on the licence of the person to whom the licence is transferred as the Minister thinks fit.(4) It is a condition of the distribution network service provider’s licence or the licence of a person to whom a licence is transferred under this clause that the holder of the licence must comply with a condition imposed under this clause.(5) Nothing in this clause affects the generality of any provision of Schedule 2.
(1) A retail supplier’s licence held by a distribution network service provider immediately before the commencement of Schedule 1 [10] to the amending Act is taken to be a licence held by a standard retail supplier and the provisions of this Act as amended by the amending Act apply accordingly.(2) The supply district of such a standard retail supplier is, until altered in accordance with this Act, taken to be the distribution district of the distribution network service provider immediately before the commencement of Schedule 1 [10] to the amending Act.(3) A retail supplier’s licence (other than a licence referred to in subclause (1)) in force immediately before the commencement of Schedule 1 [10] to the amending Act is taken to have been granted under this Act as amended and the provisions of this Act, as so amended, apply accordingly.
(1) For the purposes of this Part, a customer who would be a franchise customer but for the amending Act is taken to be a transitional retail customer.(2) However, a person who, immediately before the repeal of section 43 by the amending Act, was supplied electricity under an arrangement made under section 43 (1) (b) is not taken to be a transitional retail customer.(3) Subject to this Part, this Act applies to a transitional retail customer in the same way as it applies to a small retail customer who has elected to be supplied with electricity under a standard form customer supply contract.(4) A retail supplier must not supply electricity to a transitional retail customer under a negotiated customer supply contract.(5) A customer ceases to be a transitional retail customer if the customer becomes the subject of an order under clause 26 or makes an election under subclause (6).(6) A transitional retail customer who was the subject of an order in force under section 92 (as in force immediately before its substitution by the amending Act) enabling the customer to elect to become a non-franchise customer may elect to cease to be a transitional retail customer.(7) The election is to be made in the same manner as an election under the order to become a non-franchise customer.(8) This clause ceases to have effect when there are no transitional retail customers.
26 Orders relating to transitional retail customers
(1) The Minister may, by order published in the Gazette, declare that any specified person, or any specified class of persons, ceases to be a transitional retail customer.(2) An order under this clause may:(a) apply generally or be limited in its application by reference to specified exceptions or factors, or(b) apply differently according to different factors of a specified kind.(3) In particular, an order under this clause may apply to a person only in respect of the consumption of electricity at certain premises (in which case the order does not apply to that person in respect of the person’s consumption of electricity at other premises).(4) An order under this clause takes effect on the day on which it is published in the Gazette or on such later day as is specified in the order.(5) Subject to the regulations, the Minister may not make an order under this clause unless:(a) notice of the proposal to make the order has been published in a daily newspaper circulating throughout New South Wales, and(b) a report on any submissions received with respect to the proposed order has been prepared.(6) The notice referred to in subclause (5) (a) must indicate:(a) the nature of the proposed order, and(b) where submissions on the proposed order should be lodged, and(c) the time (being not less than 21 days from the date on which the notice is published) within which any such submission should be lodged, and(d) such other matters as may be prescribed by the regulations.(7) The report referred to in subclause (5) (b):(a) must summarise the substance of the submissions received by the Minister in connection with the proposed order, and(b) must contain such other information as may be prescribed by the regulations, and(c) must be kept available at the head office of the Ministry of Energy for inspection by members of the public, free of charge, during normal office hours.
27 Election to take supply under standard form customer supply contract
(1) This clause applies to a person who ceases to be a transitional retail customer and who, on so ceasing, becomes a small retail customer.(2) The person is, unless the person applies to a retail supplier to be supplied under a negotiated customer supply contract, taken to have elected to be supplied with electricity under a standard form customer supply contract.(3) Nothing in this clause prevents the person from subsequently applying to a retail supplier to be supplied under a negotiated customer supply contract.
28 Supply of electricity to franchise customers
(1) It is a condition of a retail supplier’s licence that the retail supplier must not supply electricity to the premises of a transitional retail customer otherwise than:(a) in the case of a standard retail supplier, for the purpose of supplying electricity to the customer under the obligation imposed on the retail supplier by section 34, or(b) in the case of any other retail supplier, for the purpose of providing electricity to the customer on behalf of a standard retail supplier under the obligation imposed on the retail supplier by section 34.(2) This clause does not affect any arrangements approved by the Minister under which standard retail suppliers with adjoining supply districts supply electricity to transitional retail customers in each others’ supply districts.
29 Standard form customer supply contracts
(1) Any standard form customer supply contract prepared under section 39 before the substitution of that section by the amending Act is taken to have been prepared under and in accordance with that section as substituted, for a period of 3 months after that substitution or for a longer or shorter period determined by the Minister by order published in the Gazette.(2) Except where expressly provided, nothing in the amending Act affects any agreement (in force immediately before the commencement of Schedule 1 [10] to the amending Act) taken to have been entered into under section 41 (5) for the provision of electricity on the conditions set out in a standard form customer supply contract, for a period of 3 months after that commencement or for a longer or shorter period determined by the Minister by order published in the Gazette. Any such agreement is taken to continue in force for that period.(3) Despite subclause (2), the regulations may provide for the application of provisions of this Act, as amended by the amending Act, to any such standard form customer supply contract.(4) Subclause (2) does not prevent a customer from entering into a new customer supply contract at any time after that commencement.(5) Anything done under or for the purposes of Division 2 of Part 4 before its repeal by the amending Act is taken to have been done under or for the purposes of Division 3 of that Part as inserted by the amending Act.
30 Negotiated customer supply contracts
(1) Except where expressly provided, nothing in the amending Act affects a negotiated customer supply contract in force immediately before the commencement of Schedule 1 [10] to the amending Act.(2) Despite subclause (1), the regulations may provide for the application of provisions of this Act, as amended by the amending Act, to any such negotiated customer supply contract.
(1) Any person may appeal against the decision of a retail supplier (made before the commencement of Schedule 1 [56] to the amending Act) as to:(a) the supplier’s classification of the person as a franchise or non-franchise customer, or(b) a charge payable by the person under a standard form customer supply contract.(2) Subject to any regulations expressed to be made for the purposes of this subclause, the regulations in force under section 96 (2) and (3) immediately before the commencement of Schedule 1 [56] to the amending Act apply to such an appeal, despite the repeal of section 96 by the amending Act.(3) Anything done under or for the purposes of section 96 before its repeal by the amending Act and in connection with such an appeal or an appeal made but not determined before that repeal is taken to have been done under or for the purposes of this clause and in connection with an appeal under this clause. However, this subclause does not confer any additional right to appeal in circumstances where an appeal was finally determined before that repeal.
32 Reviews relating to transitional retail customers
(1) A person may apply to a licence holder for a review of the decision of the licence holder as to the licence holder’s classification of the person as a transitional retail customer or as not being such a customer.(2) Section 96, as inserted by the amending Act, and the regulations, apply to any such review in the same way as they apply to a review under section 96 (3) as so substituted.
33 Reviews (see former clause 39A of Electricity Supply (General) Regulation 1996)
(1) Subject to any regulations expressed to be made for the purposes of this subclause, clause 39A of the Electricity Supply (General) Regulation 1996 as in force immediately before the commencement of Schedule 1 [56] to the amending Act continues to apply to any matter pending under the electricity industry ombudsman scheme referred to in that clause immediately before that commencement.(2) Subclause (1) ceases to have effect at the end of the period of 3 months after the commencement of Schedule 1 [56] to the amending Act.
34 Customer consultative groups
A customer consultative group appointed by an electricity distributor and in existence immediately before the commencement of the amendment of section 89 by the amending Act is taken to be:(a) a customer consultative group appointed to act as a forum for consultation between the distribution network service provider (in its capacity as such a provider) and its customers, and(b) a customer consultative group appointed to act as a forum for consultation between the distribution network service provider (in its capacity as a retail supplier) and its customers.
35 Requirements to pay contributions
(1) Section 25, as in force immediately before its amendment by the amending Act, continues to apply in respect of customer connection services provided, or agreed to be provided:(a) before the commencement of the amendment, or(b) on or after that commencement and before a determination by the Tribunal, as referred to in section 25 as so amended, is in force for the purposes of that section.(2) For the purposes of making its initial determination under section 11 (3) of the Independent Pricing and Regulatory Tribunal Act 1992, the Tribunal is not required to comply with section 21 of that Act.
37 Initial determination of regulated retail tariffs and regulated retail charges
For the purposes of the initial determination of regulated retail tariffs and regulated retail charges under section 43EB, a recommendation contained in a final report of the Tribunal under section 9 of the Independent Pricing and Regulatory Tribunal Act 1992 under an arrangement entered into between the Premier and the Tribunal on 14 July 2000 is taken to be a determination under section 43EB.
38 Initial payments to Electricity Tariff Equalisation Fund
(1) The Electricity Tariff Equalisation Ministerial Corporation may obtain financial accommodation for the purposes of an initial amount or amounts to be paid to the Electricity Tariff Equalisation Fund.(2) The initial amount or amounts are to be paid to the Electricity Tariff Equalisation Fund and may be used for the purposes of that Fund.(3) Amounts may be paid from that Fund for the purposes of repayments and payments of interest payable in respect of the financial accommodation.(4) The financial accommodation is to be obtained under, and in accordance with, any other Act applying to the obtaining of financial accommodation by the Electricity Tariff Equalisation Ministerial Corporation.(5) In this clause:financial accommodation has the same meaning as it has in the Public Authorities (Financial Arrangements) Act 1987.
39 Initial operation of Divisions 5 and 6 of Part 4 and Parts 5A and 5B
(1) The regulations may, for the purposes of the commencement or initial operation of Division 5 or 6 of Part 4, or Part 5A or 5B, impose conditions on licences and provide for the transitional application of provisions of those Divisions or Parts.(2) Nothing in this clause limits the operation of any other provision of this Act.
Part 5 Provisions consequent on enactment of Electricity Supply Amendment (Greenhouse Gas Emission Reduction) Act 2002
Despite section 97BF, the Tribunal may, for the year commencing 1 January 2003, determine the matters specified in section 97BF (1) before, on or after 1 January 2003.
(1) For the purposes of accrediting persons as abatement certificate providers and enabling the creation, registration and transfer of abatement certificates, the Scheme Administrator may determine any matter for or with respect to which regulations may be made under Division 4, 5 or 6 of Part 8A in accordance with such guidelines (if any) as may be approved by the Minister.(2) This clause ceases to have effect when regulations are made for the purposes of Division 4 of Part 8A, or 6 months after the date of commencement of this clause, whichever is the earlier.
Part 6 Provisions consequent on enactment of Electricity (Consumer Safety) Act 2004
In this Part:repeal date means the date on which the repealed Act is repealed by the Electricity (Consumer Safety) Act 2004.
repealed Act means the Electricity Safety Act 1945 as in force immediately before its repeal by the Electricity (Consumer Safety) Act 2004.
43 Continuation of certain Regulations made under repealed Act
(1) The Electricity Safety (Corrosion Protection) Regulation 2003, as in force immediately before the repeal date, continues in force and is taken to be a regulation made under this Act.(2) The Regulation continued in force by subclause (1) may be amended and repealed in the same way as any other regulation made under this Act.
44 Appointments of existing inspectors etc continue under new provisions of this Act
(1) Any person authorised under section 25 (1) of the repealed Act in respect of the examination of cathodic protection systems or stray current sources (within the meaning of that Act) whose authorisation was in force immediately before the repeal date is taken to have been appointed as an inspector by the Director-General under section 63M of this Act in respect of the provisions of this Act and the regulations relating to corrosion protection systems or stray current sources.(2) Any person authorised under section 26 (2) of the repealed Act whose authorisation was in force immediately before the repeal date is taken to have been appointed as an inspector by the Director-General under section 63M of this Act for the purposes of section 63P of this Act.(3) Any person authorised under section 27F (1) of the repealed Act to carry out inspections in respect of serious electrical accidents that do not involve electrical installations or electrical articles (within the meaning of that Act) whose authorisation was in force immediately before the repeal date is taken to have been appointed as an inspector by the Director-General under section 63M of this Act in respect of the provisions of this Act and the regulations relating to serious electricity works accidents.
45 Delegations under section 28 of repealed Act
Any delegation under section 28 of the repealed Act in force immediately before the repeal date in respect of any function under a provision of that Act (other than a function concerning electrical installations or electrical articles within the meaning of that Act) is taken to be a delegation duly given by the Minister under section 183 of this Act in respect of a function of the Minister under a corresponding provision (if any) of this Act.
Nothing in this Part prevents the amendment or revocation of any delegation, authorisation or appointment.
Part 7 Provisions consequent on enactment of Electricity Supply Amendment (Protection of Electricity Works) Act 2006
In this Part:the 2006 amending Act means the Electricity Supply Amendment (Protection of Electricity Works) Act 2006.
the relevant time means the time the Bill for the 2006 amending Act was first introduced into Parliament.
48 Pending proceedings commenced before relevant time
In proceedings commenced before the relevant time in respect of a cause of action of the kind referred to in section 53 (2), as inserted by the 2006 amending Act, the court before which the proceedings are being heard may not make any order requiring modification or removal of works to which section 53 applies.
49 Pending proceedings commenced after relevant time
Section 53, as inserted by the 2006 amending Act, applies for the purposes of legal proceedings commenced since the relevant time, and so applies as if it had commenced at that time.
Part 8 Provisions consequent on enactment of Electricity Supply Amendment (Greenhouse Gas Abatement Scheme) Act 2006
The amount of greenhouse penalty determined in accordance with section 97CA and clause 73C of the Electricity Supply (General) Regulation 2001, as in force immediately before the commencement of Schedule 1 [2] to the Electricity Supply Amendment (Greenhouse Gas Abatement Scheme) Act 2006, is the amount of greenhouse penalty for the year commencing 1 January 2006.
51 Variation or revocation of conditions of accreditation
Section 97DDA, as inserted by Schedule 1 [5] to the Electricity Supply Amendment (Greenhouse Gas Abatement Scheme) Act 2006, extends to the variation or revocation of a condition of accreditation imposed before the commencement of that item.
Part 8A Provisions consequent on enactment of Energy Legislation Amendment (Infrastructure Protection) Act 2009
51A Application of certain provisions
(1) In this clause, amending Act means the Energy Legislation Amendment (Infrastructure Protection) Act 2009.(2) Section 63Y (1) (as inserted by the amending Act) applies to licences whether or not granted before, on or after the commencement of that subsection.(3) A provision of section 63ZB or 65 (2)–(4) (as inserted by the amending Act) applies to offences committed on or after the commencement of that provision.(4) Section 63ZC (as inserted by the amending Act) applies to acts or omissions done or made on or after the commencement of that section.
Part 9 Provisions consequent on enactment of Electricity Supply Amendment (Energy Savings) Act 2009
(1) In this Part:abatement certificate means an abatement certificate under Part 8A.
demand side abatement activity means an activity that, immediately before the commencement of the energy savings scheme:
(a) is a demand side abatement activity under the greenhouse gas benchmark rules for Part 8A, and(b) is an activity in respect of which abatement certificates can be created under Part 8A.energy savings scheme means the energy savings scheme established by Part 9.
recognised energy saving activity has the same meaning as it has in Part 9.
(2) In this Part, a reference to the commencement of the energy savings scheme is a reference to the commencement of Part 9, as inserted by the Electricity Supply Amendment (Energy Savings) Act 2009.
53 Accreditation of abatement certificate providers as energy savings certificate providers
(1) A person who, immediately before the commencement of the energy savings scheme, was an accredited abatement certificate provider under Part 8A in respect of a demand side abatement activity, or an applicant for accreditation under Part 8A in respect of a demand side abatement activity, is eligible for accreditation as a certificate provider under the energy savings scheme in respect of that activity if:(a) the activity is a recognised energy saving activity, and(b) the Scheme Administrator under Part 9 is satisfied the person is otherwise eligible for accreditation as a certificate provider in respect of the activity concerned under Part 9.(2) A person to whom this clause applies is eligible for accreditation in respect of an activity and, on accreditation, may create energy savings certificates in respect of an activity, even if the activity commenced before 1 July 2008 (despite section 127 (5)).(3) The Scheme Administrator under Part 9 may grant such accreditation without requiring the person to apply for accreditation under Part 9.(4) If the person is engaged in an industry or activity that benefits from a full exemption under the energy savings scheme, or is a related body corporate of a person who is so engaged, the Scheme Administrator may grant accreditation to the person as a certificate provider in respect of an activity that reduces consumption of electricity in the industry or activity concerned (despite section 135) subject to a condition that the person must not create energy savings certificates in respect of the relevant activity if the activity commences on or after 1 January 2013.(5) Section 171 (Appeals to Administrative Decisions Tribunal) does not apply in respect of the condition of accreditation referred to in subclause (4).
54 Creation of abatement certificates in respect of demand side abatement activities
(1) On the commencement of the energy savings scheme, an abatement certificate cannot be created in respect of a demand side abatement activity that is a recognised energy saving activity, unless the activity took place before the commencement of the energy savings scheme.(2) On the commencement of the energy savings scheme, the accreditation of any person as an abatement certificate provider under Part 8A is taken to be subject to a condition that the person must not create abatement certificates in respect of a demand side abatement activity that is a recognised energy saving activity, unless the activity took place before the commencement of the energy savings scheme.(3) The Scheme Administrator under Part 8A may, by notice in writing to an accredited abatement certificate provider, cancel the accreditation of the person as an abatement certificate provider in respect of any demand side abatement activity that, on the commencement of the energy savings scheme, is a recognised energy saving activity.(4) The regulations and greenhouse gas benchmark rules under Part 8A apply in relation to this clause in the same way as they apply to Part 8A.Note. The regulations and greenhouse gas benchmark rules under Part 8A can specify when an activity is considered to have “taken place”.
(1) An exemption for the year 2009 may be granted under Division 5 of Part 9 at any time before the beginning of the year 2010.(2) Any such exemption is taken to have effect in respect of the whole of the year 2009.(3) This clause has effect despite section 122.
56 Amendments by other Acts to renumbered provisions
(1) An amendment made by another Act to a provision of this Act that is renumbered by the Electricity Supply Amendment (Energy Savings) Act 2009 has effect as if the amendment were referring to the provision of this Act as renumbered.(2) If an amendment made by another Act to this Act inserts a provision in a Part of this Act that is renumbered by the Electricity Supply Amendment (Energy Savings) Act 2009, the inserted provision is to be appropriately renumbered.(3) If an amendment made by another Act to this Act contains a reference to a provision of this Act that is renumbered by the Electricity Supply Amendment (Energy Savings) Act 2009, the reference to the provision is also to be appropriately renumbered.(4) This clause applies only in respect of an amendment enacted, but not commenced, before the commencement of Schedule 1 [6] to the Electricity Supply Amendment (Energy Savings) Act 2009.
57 References in other Acts to renumbered provisions
(1) A reference in any provision of another Act to a provision of this Act that is renumbered by the Electricity Supply Amendment (Energy Savings) Act 2009 is, from the commencement of Schedule 1 [6] to the Electricity Supply Amendment (Energy Savings) Act 2009, to be read as a reference to the provision as renumbered.(2) This clause applies only in respect of a provision of another Act that commenced before the commencement of Schedule 1 [6] to the Electricity Supply Amendment (Energy Savings) Act 2009.
Part 10 Provisions consequent on enactment of Electricity Supply Amendment (Solar Bonus Scheme) Act 2009
58 Credits not to be recorded before commencement of scheme
A distribution network service provider is not to record a credit under section 15A in respect of electricity supplied before the commencement of that section.
59 Existing generator may be complying generator
A generator installed before the commencement of section 15A may be a complying generator.
60 Existing net metering schemes to continue until transition day
(1) The gross feed-in credit provided for by section 15A is to operate and be applied as a net feed-in credit for electricity supplied by a small retail customer before the transition day in the following transitional cases:(a) electricity supplied to the distribution network of Integral Energy by a net feed-in generator that was first connected to that distribution network before the commencement of section 15A, or(b) electricity supplied to the distribution network of Country Energy or EnergyAustralia by a net feed-in generator or a complying generator (whether connected to the distribution network before or after the commencement of section 15A).(2) This means that, in those transitional cases, the obligation under section 15A of a distribution network service provider to record a credit at a rate per kilowatt hour for electricity produced by a complying generator and supplied to the distribution network of Country Energy, EnergyAustralia or Integral Energy is an obligation to record a credit at that rate for the net electricity supplied by the small retail customer (that is, for electricity supplied in excess of that being used by the customer).(3) Until the transition day, Country Energy or EnergyAustralia are not required to provide customer connection services to a small retail customer under section 15A in respect of a generator unless the generator is installed and connected in a manner that enables Country Energy or EnergyAustralia to record a credit for the net electricity supplied by the small retail customer (that is, for electricity supplied in excess of that being used by the customer).(4) For the purposes of the operation of this clause (and the operation of section 15A in accordance with this clause), a net feed-in generator is taken to be a complying generator.(5) In this clause:net feed-in generator means a generator that would be a complying generator but for the fact that it is installed and connected in a manner that provides for some or all of the electricity generated by the generator to be used by the small retail customer (rather than being supplied to the distribution network).
transition day means 1 July 2010, or if another day is prescribed by the regulations, that day.
(6) Different days may be prescribed under subclause (4) in respect of Country Energy, EnergyAustralia or Integral Energy so that the provisions of this clause apply differently in respect of each of those bodies.
Part 11 Provisions consequent on enactment of Electricity Supply Amendment (Solar Bonus Scheme) Act 2010
61 Complying generators connected before scheme closed
(1) The rate at which a credit is to be recorded by a distribution network service provider in respect of electricity generated by a small retail customer is to be $0.60 per kilowatt hour if the electricity is generated by a complying generator (including a generator that is taken to be a complying generator because of clause 60) that:(a) was first connected to the distribution network before the commencement of the amending Act, or(b) was first connected to the distribution network after that commencement and complies with the transitional requirements of subclause (2) for the $0.60 per kilowatt hour rate, or(c) is connected in circumstances prescribed by the regulations, or(d) replaces a generator referred to in paragraphs (a)–(c) at the same premises and is of no greater capacity than the generator that is replaced.(2) The following requirements are the transitional requirements for the $0.60 per kilowatt hour rate for a generator first connected to a distribution network after the commencement of the amending Act:(a) before that commencement, the small retail customer concerned must have purchased or leased, or have entered into a binding agreement to purchase or lease, the generator,(b) no later than 21 days after that commencement, the distribution network service provider must have received an application made by or on behalf of the small retail customer for the connection of the generator to the distribution network,(c) any requirements of the regulations as to evidence to be provided in connection with the requirements of paragraphs (a) and (b) have been complied with.(3) This clause ceases to apply in respect of a complying generator if the capacity of the generator is increased after the commencement of the amending Act.(4) Subject to the regulations, this clause ceases to apply in respect of a complying generator (including a generator that replaces that generator) if there is a change, after the commencement of the amending Act, in the person in respect of whom the credit is recorded for electricity produced by the generator.(5) An agreement entered into by a small retail customer to purchase or lease a generator is a binding agreement for the purposes of this clause even if the agreement permits the small retail customer to terminate the agreement without penalty.(6) In this clause:amending Act means the Electricity Supply Amendment (Solar Bonus Scheme) Act 2010.
62 Continuation of net metering schemes
(1) The obligation under section 15A of a distribution network service provider to record a credit for electricity produced by a complying generator and supplied to the distribution network is an obligation to record a credit for the net electricity supplied by the small retail customer (that is, for electricity supplied in excess of that being used by the customer) if the small retail customer elects to have the credit recorded in that way.(2) For the purposes of the operation of this clause (and the operation of section 15A in accordance with this clause), a net feed-in generator (within the meaning of clause 60) is taken to be a complying generator.(3) Nothing in this clause limits the operation of clause 60.