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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Transforming NSW Energy Sector (Towards
100 percent Renewables) Bill 2014
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to reduce the reliance of the State's energy sector on fossil fuel by
facilitating movement towards an energy sector completely based on renewable energy sources,
including:
(a) by requiring the Government of New South Wales to take steps to develop renewable
energy and energy efficiency measures that are sufficient to reduce the State's reliance on
coal-fired and fossil gas-fired power stations, taking advice from an expert panel, and
(b) by requiring the Government to stop providing fossil fuel subsidies to the fossil fuel
industry and to re-direct those funds to renewable energy and energy efficiency measures,
acting on the advice of the Independent Pricing and Regulatory Tribunal (IPART), and
(c) by phasing out coal-fired and fossil gas-fired power stations by 2030, but guaranteeing
ongoing employment of all workers at closed power stations, and
(d) by preventing the expansion of the rest of the fossil fuel power industry.
Outline of provisions
Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent to the
proposed Act.
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Transforming NSW Energy Sector (Towards 100 percent Renewables) Bill 2014 [NSW]
Explanatory note
Clause 3 defines certain words and expressions used in the proposed Act and contains certain
interpretation provisions.
Part 2 Planning for transformation of NSW energy sector
Clause 4 specifies the object of the proposed Act (as described in the Overview), which the
Government is required to take into account in exercising planning and other functions under the
proposed Act.
Clause 5 requires the Government to begin planning energy technologies involving renewable
sources and energy efficiency measures within 1 month after the commencement of the proposed
Act.
Clause 6 requires the Government to implement that plan. The technologies and measures
involved must be such as to make it possible that at least one coal-fired generator with a capacity
of at least 500 megawatts will no longer be required by 2017.
Clause 7 requires the Government to consider the object of the proposed Act, and the advice of
the Expert Panel established under Part 3 of the proposed Act, when exercising planning and other
functions under the proposed Act.
Part 3 Transforming NSW Energy Sector Expert Panel
Clause 8 requires the Minister to establish the Transforming NSW Energy Sector Expert Panel.
Clause 9 specifies the functions of the Expert Panel, which are to examine the full range of energy
options permitted by law in New South Wales, provide advice to the Minister on that examination,
provide advice on any other matter that the Minister requires and make periodic reports to the
Minister.
Clause 10 lists the factors to be taken into account by the Expert Panel in exercising its
recommendations.
Clause 11 requires the Expert Panel to periodically produce reports on increasing the electricity
generation capacity of renewable energy technologies and on maximising energy efficiencies.
Clause 12 requires members of the Expert Panel to disclose pecuniary interests.
Part 4 Phased closure of all existing coal-fired and fossil
gas-fired power stations
Clause 13 requires the Minister to prepare, before the first sitting week of 2015, a timetable for
the closure of all existing coal-fired and fossil gas-fired power stations in New South Wales before
2030 and to table that timetable in Parliament. The Minister is also required to give Parliament
undertakings guaranteeing the employment security of employees of coal-fired and fossil
gas-fired power stations closed under the proposed Act.
Clause 14 requires the Government of New South Wales to make every effort reasonably possible
to ensure that the timetable tabled under proposed section 13 is met, in particular, to ensure that
all existing coal-fired and fossil gas-fired power stations in NSW are closed and decommissioned
by 1 January 2030. The operator or former operator of a power station is not entitled to any
compensation for any loss or damage suffered as a result of the operation of the proposed section.
Clause 15 prohibits the operation of any coal-fired and fossil gas-fired power station after
1 January 2030. The operator or former operator of a power station is not entitled to any
compensation for any loss or damage suffered as a result of the operation of the proposed section.
Page 2
Transforming NSW Energy Sector (Towards 100 percent Renewables) Bill 2014 [NSW]
Explanatory note
Part 5 Ban on establishing or expanding fossil fuel power
stations
Clause 16 prohibits the establishment or expansion of coal-fired power stations. The operator or
former operator of a power station is not entitled to any compensation for any loss or damage
suffered as a result of the operation of the proposed section.
Clause 17 prohibits the establishment of a fossil gas-fired power station with a capacity of
15 megawatts or greater, or the expansion of the capacity of existing fossil gas-fired power
stations to 15 megawatts or greater. Any new fossil gas-fired power station must have a plan to
transition to 100% renewable gas within 10 years.
Part 6 Removal of NSW government fossil fuel subsidies to
coal and fossil gas operations
Clause 18 requires the Treasurer to refer to IPART certain matters relating to fossil fuel subsidies
(that is, direct and indirect subsidies to the fossil fuel industry, including mining and combustion,
that support electricity generation in New South Wales and that arise from the actions and policies
of the Government of New South Wales).
Clause 19 requires the Treasurer to act on IPART's report.
Clause 20 requires the value of the fossil fuel subsidies saved by actions under the proposed Part
to be re-directed for the purpose of facilitating development and expansion of the renewable
energy and energy efficiency measures recommended by the Expert Panel under the proposed Act.
Part 7 Other steps towards 100 percent renewable energy
Clause 21 requires new guidelines to be prepared for the assessment and determination of
planning proposals involving the establishment or expansion of wind farms.
Part 8 Miscellaneous
Clause 22 prohibits the disclosure of information acquired by reason of or in the course of the
exercise of functions under the proposed Act.
Clause 23 protects members of the Expert Panel from personal liability.
Clause 24 provides that the proposed Act binds the Crown.
Clause 25 provides that proceedings for an offence under the proposed Act may be dealt with
summarily before the Local Court or the Supreme Court.
Clause 26 enables the Governor to make regulations for the purposes of the proposed Act.
Schedule 1 Constitution and procedure of Expert Panel
Schedule 1 makes provision for the constitution and procedure of the Expert Panel established
under the proposed Act.
Schedule 2 IPART investigation of fossil fuel subsidies
Schedule 2 makes provision for the investigation by IPART of a matter referred to it under Part 6
of the proposed Act.
Schedule 3 Amendment of Electricity Supply Act 1995 No 94
Schedule 3 provides for a feed-in tariff for all distributed renewable energy at a price set by
IPART which approximates the relevant retail purchase price, allowing retailers to recover the
unused Distribution Use of System charges from the distribution network service providers.
Page 3
Introduced by Dr John Kaye, MLC First print
New South Wales
Transforming NSW Energy Sector (Towards
100 percent Renewables) Bill 2014
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 Planning for transformation of NSW energy sector
4 Object of Act 4
5 Government required to plan for transformation of NSW energy sector 4
6 Government required to implement plan for transformation of NSW
energy sector 4
7 Government required to consider object of this Act and expert advice 4
Part 3 Transforming NSW Energy Sector Expert Panel
8 Establishment of Transforming NSW Energy Sector Expert Panel 5
9 Functions of Expert Panel 5
10 Factors to be taken into account by Expert Panel 6
11 Expert Panel to report 6
12 Disclosure of pecuniary interests 6
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Transforming NSW Energy Sector (Towards 100 percent Renewables) Bill 2014 [NSW]
Contents
Page
Part 4 Phased closure of all existing coal-fired and fossil
gas-fired power stations
13 Minister to table timetable and jobs guarantee for closure of coal-fired
and fossil gas-fired power stations 8
14 Deadline for closure of all existing coal-fired and fossil gas-fired
power stations 8
15 Prohibition on operation of coal-fired and fossil gas-fired power
stations from 2030 8
Part 5 Ban on establishing or expanding fossil fuel
power stations
16 Ban on establishing or expanding coal-fired power stations 9
17 Ban on establishing or expanding fossil gas-fired power stations of
15 megawatts or greater 9
Part 6 Removal of NSW government fossil fuel subsidies to
coal and fossil gas operations
18 Treasurer to refer matters relating to fossil fuel subsidies to IPART 10
19 Treasurer to act on IPART's report 10
20 Redirection of fossil fuel subsidies 10
Part 7 Other steps towards 100 percent renewable energy
21 New guidelines on wind farms to be prepared and circulated 11
Part 8 Miscellaneous
22 Protection of information 12
23 Protection from liability 12
24 Act binds Crown 12
25 Nature of proceedings for offences 13
26 Regulations 13
Schedule 1 Constitution and procedure of Expert Panel 14
Schedule 2 IPART investigation of fossil fuel subsidies 17
Schedule 3 Amendment of Electricity Supply Act 1995 No 94 21
Page 2
New South Wales
Transforming NSW Energy Sector (Towards
100 percent Renewables) Bill 2014
No , 2014
A Bill for
An Act to require the NSW government to increase renewable energy generation and expand
energy efficiency measures in NSW to allow for the replacement and closure of the State's coal
and fossil gas-fired power stations by 2030 and create new employment opportunities in the
electricity industry; and for other purposes.
Transforming NSW Energy Sector (Towards 100 percent Renewables) Bill 2014 [NSW]
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Transforming NSW Energy Sector (Towards 100 percent 4
Renewables) Act 2014. 5
2 Commencement 6
This Act commences on the date of assent to this Act. 7
3 Definitions 8
(1) In this Act: 9
development has the same meaning as in the EP&A Act. 10
EP&A Act means the Environmental Planning and Assessment Act 1979. 11
Expert Panel means the Transforming NSW Energy Sector Expert Panel established 12
under section 8. 13
fossil fuel means: 14
(a) coal, oil, natural gas, coal seam gas or other petroleum-based products, or 15
(b) products, by-products and wastes associated with, or produced from, 16
extracting and processing coal, oil, natural gas or other petroleum-based 17
products. 18
fossil fuel subsidies means direct and indirect subsidies to the fossil fuel industry, 19
including mining and combustion, that support electricity generation in New South 20
Wales and that arise from the actions and policies of the Government of New South 21
Wales, other than those that are by way of payments or other relief to support low 22
income households. 23
IPART means the Independent Pricing and Regulatory Tribunal established under 24
the Independent Pricing and Regulatory Tribunal Act 1992. 25
planning approval means any of the following: 26
(a) development consent under Part 4 of the EP&A Act, 27
(b) approval under Part 3A of the EP&A Act (before the repeal of that Part) for a 28
concept plan for a project or approval under that Part to carry out a project, 29
(c) approval under Part 5.1 of the EP&A Act to carry out State significant 30
infrastructure, 31
(d) the modification of any such development consent or approval. 32
renewable energy source means any of the following in so far as they are harnessed 33
to generate energy: 34
(a) existing hydro or micro hydro, 35
(b) wave, 36
(c) tide, 37
(d) ocean, 38
(e) wind, 39
(f) solar, 40
(g) geothermal-aquifer, 41
(h) hot dry rock, 42
(i) energy crops (excluding native forest materials), 43
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Transforming NSW Energy Sector (Towards 100 percent Renewables) Bill 2014 [NSW]
Part 1 Preliminary
(j) wood waste (excluding native forest materials), 1
(k) agricultural waste, 2
(l) waste from processing of agricultural products, 3
(m) food waste, 4
(n) food processing waste, 5
(o) bagasse, 6
(p) black liquor, 7
(q) biomass-based components of sewage, 8
(r) landfill gas, 9
(s) sewage gas and biomass-based components of sewage, 10
(t) any other source specified by the regulations. 11
(2) Without affecting the operation of subsection (1), words and expressions used in this 12
Act that are defined in the EP&A Act have the same meaning as in that Act. 13
(3) Notes included in this Act do not form part of this Act. 14
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Transforming NSW Energy Sector (Towards 100 percent Renewables) Bill 2014 [NSW]
Part 2 Planning for transformation of NSW energy sector
Part 2 Planning for transformation of NSW energy sector 1
4 Object of Act 2
The object of this Act is to reduce the reliance of the State's energy sector on fossil 3
fuel by facilitating movement towards an energy sector completely based on 4
renewable energy sources, including: 5
(a) by requiring the Government of New South Wales to take steps to develop 6
renewable energy and energy efficiency measures that are sufficient to reduce 7
the State's reliance on coal-fired and fossil gas-fired power stations, taking 8
advice from an expert panel, and 9
(b) by requiring the Government to stop providing subsidies to the fossil fuel 10
industry and to re-direct those funds to renewable energy and energy 11
efficiency measures, acting on the advice of IPART, and 12
(c) by phasing out coal-fired and fossil gas-fired power stations by 2030, but 13
guaranteeing ongoing employment of all workers at closed power stations, and 14
(d) by preventing the expansion of the rest of the fossil fuel power industry. 15
5 Government required to plan for transformation of NSW energy sector 16
The Government of New South Wales is required, within 1 month after the 17
commencement of this Act, to implement measures to commence a process that will 18
ultimately allow for the replacement of the State's coal-fired and fossil gas-fired 19
power stations with renewable energy and energy efficiency measures. 20
6 Government required to implement plan for transformation of NSW energy sector 21
(1) The Government of New South Wales is required to implement the process referred 22
to in section 5 so that those energy technologies and energy efficiency measures 23
make it possible for sufficient energy to be generated by renewable energy, or saved 24
through energy efficiency measures, so that at least one coal-fired generator with a 25
capacity of at least 500 megawatts, and a capacity factor of at least 73%, could be 26
replaced by those sources, and decommissioned, by January 2017. 27
(2) Subsection (1) applies only in relation to measures that the Government of New 28
South Wales has the legal capacity to implement. 29
(3) In this section: 30
capacity factor of a power plant means the ratio of the maximum available output of 31
the plant over a period of time to its potential output if it were possible for it to 32
operate indefinitely at its intended technical full-load sustained output. 33
7 Government required to consider object of this Act and expert advice 34
In preparing and implementing the process required by this Part, the Government of 35
New South Wales must have regard to: 36
(a) the object of this Act (as set out in section 4), and 37
(b) any advice of the Expert Panel given under Part 3. 38
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Transforming NSW Energy Sector (Towards 100 percent Renewables) Bill 2014 [NSW]
Part 3 Transforming NSW Energy Sector Expert Panel
Part 3 Transforming NSW Energy Sector Expert Panel 1
8 Establishment of Transforming NSW Energy Sector Expert Panel 2
(1) The Minister is to establish the Transforming NSW Energy Sector Expert Panel. 3
(2) The Expert Panel is to comprise the following members: 4
(a) at least 5 independent experts appointed by the Minister with expertise in 5
energy planning, renewable energy and energy efficiency, one of whom is to 6
be appointed by the Minister as Chairperson, 7
(b) one person appointed by the Minister with expertise in finance, 8
(c) one person nominated by and representing Unions NSW, 9
(d) one person nominated by and representing the Council of Social Service of 10
New South Wales, 11
(e) one person nominated by and representing the Nature Conservation Council of 12
NSW, 13
(f) one person appointed by the Minister to represent a peak body representing the 14
wind energy industry, 15
(g) one person appointed by the Minister to represent a peak body representing the 16
solar energy industry, 17
(h) one person appointed by the Minister to represent a peak body representing the 18
energy efficiency industry. 19
(3) If, for the purposes of subsection (2) (c), (d) or (e), nominations of persons are not 20
made within the time or in the manner specified by the Minister in a written notice 21
given to the body or organisation entitled to make the nominations, the Minister is to 22
appoint a person to be a member of the Expert Panel instead of the person required 23
to be appointed as a nominee and that person so appointed is to be taken to have been 24
duly nominated. 25
(4) Schedule 1 contains provisions relating to the constitution and procedure of the 26
Expert Panel. 27
9 Functions of Expert Panel 28
The functions of the Expert Panel are as follows: 29
(a) to examine the full range of energy options permitted by law, and defined by 30
this Act as renewable energy sources in New South Wales, including, but not 31
limited to, the following: 32
(i) energy efficiency measures including higher appliance and building 33
standards and technologies and policies to cut energy waste, 34
(ii) wind energy generation, 35
(iii) generation by large-scale solar thermal power plants, 36
(iv) generation by solar photovoltaic means at an industrial, commercial and 37
household level, 38
(v) generation by wave power, 39
(b) for the purpose of examining that full range of energy options, to undertake an 40
investigation, as a matter of priority, into the construction of 3 or more 41
large-scale concentrated solar thermal power plants, 42
(c) to provide advice to the Minister on that examination, 43
(d) to make periodic reports to the Minister under section 11, 44
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Transforming NSW Energy Sector (Towards 100 percent Renewables) Bill 2014 [NSW]
Part 3 Transforming NSW Energy Sector Expert Panel
(e) to provide advice to the Minister on such other matters in connection with the 1
operation of this Act as may be referred to the Expert Panel by the Minister. 2
10 Factors to be taken into account by Expert Panel 3
In exercising its recommendation functions under this Act, the Expert Panel is to take 4
into account the following factors: 5
(a) the comparable cost-effectiveness of the different renewable energy 6
technologies and energy efficiency measures that the Expert Panel considers, 7
(b) the need to maximise the number of jobs in New South Wales and Australia in 8
the manufacturing, operation and export of renewable energy and energy 9
efficiency technologies, 10
(c) the choice of mechanisms that secure employment for existing employees of 11
the fossil fuel power industry in New South Wales, 12
(d) the need to provide protection for low and middle-income households from 13
rising electricity bills, 14
(e) the provision of opportunities and support for low-income households and 15
businesses to install and operate energy efficiency measures, 16
(f) the ability and effectiveness of the borrowing mechanisms of the Government 17
of New South Wales in the form of "Green Bonds", which involve raising 18
funds from investors seeking a fixed amount on a fixed schedule to finance the 19
construction or rollout of renewable energy technologies and energy 20
efficiency measures, 21
(g) the possibility for the re-use and adaptation of decommissioned fossil fuel 22
fired power station sites in hosting medium and large-scale renewable energy 23
technologies to take advantage of existing network connections, site 24
infrastructure and the local skilled workforce, 25
(h) any available opportunities for the Government of New South Wales to 26
support and facilitate community owned and community operated renewable 27
energy projects, 28
(i) the need to remove barriers that prevent private investment in renewable 29
energy technologies, 30
(j) the environmental, social and economic benefits of direct public investment in 31
renewable energy projects, 32
(k) any other factors that the Expert Panel determines are appropriate. 33
11 Expert Panel to report 34
(1) The Expert Panel must provide the Minister with reports about the means by which 35
the electricity generation capacity of renewable energy technologies and energy 36
efficiencies must be increased in order to allow for the closure and decommissioning 37
of all coal-fired power stations in the State by 1 January 2030. 38
(2) At least one such report must be provided in each calendar year. 39
(3) The first report must be provided on or before 1 January 2016. 40
12 Disclosure of pecuniary interests 41
(1) If: 42
(a) a member has a direct or indirect pecuniary interest in a matter being 43
considered or about to be considered at a meeting of the Expert Panel, and 44
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Transforming NSW Energy Sector (Towards 100 percent Renewables) Bill 2014 [NSW]
Part 3 Transforming NSW Energy Sector Expert Panel
(b) the interest appears to raise a conflict with the proper performance of the 1
member's duties in relation to the consideration of the matter, 2
the member must, as soon as possible after the relevant facts have come to the 3
member's knowledge, disclose the nature of the interest at a meeting of the Expert 4
Panel. 5
(2) A disclosure by a member at a meeting of the Expert Panel that the member: 6
(a) is a member, or is in the employment, of a specified company or other body, or 7
(b) is a partner, or is in the employment, of a specified person, or 8
(c) has some other specified interest relating to a specified company or other body 9
or to a specified person, 10
is a sufficient disclosure of the nature of the interest in any matter relating to that 11
company or other body or to that person which may arise after the date of the 12
disclosure and which is required to be disclosed under subsection (1). 13
(3) Particulars of any disclosure made under this section must be recorded by the Expert 14
Panel in a book kept for the purpose and that book must be open at all reasonable 15
hours to inspection by any person on payment of the fee determined by the Expert 16
Panel. 17
(4) After a member has disclosed the nature of an interest in any matter, the member 18
must not, unless the Minister or the Expert Panel otherwise determines: 19
(a) be present during any deliberation of the Expert Panel with respect to the 20
matter, or 21
(b) take part in any decision of the Expert Panel with respect to the matter. 22
(5) For the purposes of the making of a determination by the Expert Panel under 23
subsection (4), a member who has a direct or indirect pecuniary interest in a matter 24
to which the disclosure relates must not: 25
(a) be present during any deliberation of the Expert Panel for the purpose of 26
making the determination, or 27
(b) take part in the making by the Expert Panel of the determination. 28
(6) A contravention of this section does not invalidate any decision of the Expert Panel. 29
(7) This section applies to a member of a committee of the Expert Panel and the 30
committee in the same way as it applies to a member of the Expert Panel and the 31
Expert Panel. 32
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Transforming NSW Energy Sector (Towards 100 percent Renewables) Bill 2014 [NSW]
Part 4 Phased closure of all existing coal-fired and fossil gas-fired power stations
Part 4 Phased closure of all existing coal-fired and fossil 1
gas-fired power stations 2
13 Minister to table timetable and jobs guarantee for closure of coal-fired and fossil 3
gas-fired power stations 4
(1) Acting on the advice of the Expert Panel, the Minister is to draft and table in both 5
Houses of Parliament a timetable for the closure of all coal-fired and fossil gas-fired 6
power stations in New South Wales in a process that concludes by 1 January 2030. 7
(2) The tabling is to occur no later than the first sitting week of each House of Parliament 8
in 2015. 9
(3) The timetable is to be accompanied by an undertaking of the Government of New 10
South Wales to enact legislation to provide job guarantees for all displaced fossil fuel 11
power station workers with employment: 12
(a) on an equivalent pay scale, and 13
(b) with an equivalent level of job security, and 14
(c) with all benefits, including long service leave and superannuation preserved. 15
(4) The deadline may be amended by resolution passed by both Houses of Parliament, if 16
necessary to maintain essential power supplies. 17
14 Deadline for closure of all existing coal-fired and fossil gas-fired power stations 18
(1) The Government of New South Wales must make every effort reasonably possible to 19
ensure that the timetable tabled under section 13 is met. 20
(2) In particular, the Government must make every effort reasonably possible to ensure 21
that all existing coal-fired and fossil gas-fired power stations in New South Wales are 22
closed and decommissioned before 1 January 2030. 23
(3) The timetable, and deadline, may be amended by a resolution passed by both Houses 24
of Parliament, being a resolution of which at least 30 days' notice has been given. 25
(4) The operator or former operator of a power station is not entitled to any 26
compensation for any loss or damage suffered as a result of the operation of this 27
section. 28
15 Prohibition on operation of coal-fired and fossil gas-fired power stations from 2030 29
(1) This section has effect on and from 1 January 2030. 30
(2) A person must not operate a coal-fired or fossil gas-fired power station, or any part 31
of a coal-fired or fossil gas-fired power station. 32
Maximum penalty: 100,000 penalty units. 33
(3) The operator or former operator of a power station is not entitled to any 34
compensation for any loss or damage suffered as a result of the operation of this 35
section. 36
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Transforming NSW Energy Sector (Towards 100 percent Renewables) Bill 2014 [NSW]
Part 5 Ban on establishing or expanding fossil fuel power stations
Part 5 Ban on establishing or expanding fossil fuel power 1
stations 2
16 Ban on establishing or expanding coal-fired power stations 3
(1) The following development is prohibited: 4
(a) the construction of a coal-fired power station, 5
(b) the construction or use of an additional unit in a coal-fired power station 6
operating as at the commencement of this Act, 7
(c) any other development that expands or increases the level of operations or 8
generating capacity of a coal-fired power station operating as at the 9
commencement of this Act. 10
(2) Planning approval cannot be given or granted for any development that is prohibited 11
by this section. 12
(3) Any planning approval that has been or is given or granted for any development that 13
is prohibited by this section is revoked. 14
(4) Without limiting subsection (3), the following planning approvals are revoked: 15
(a) planning approvals for the construction, extension and operation of the Mount 16
Piper Power Station, 17
(b) planning approvals for the construction, extension and operation of 18
Bayswater B Power Station. 19
(5) The operator or former operator of a power station is not entitled to any 20
compensation for any loss or damage suffered as a result of the operation of this 21
section. 22
17 Ban on establishing or expanding fossil gas-fired power stations of 15 megawatts or 23
greater 24
(1) The following development is prohibited: 25
(a) the construction or use of a fossil gas-fired power station with a capacity of 26
15 megawatts or greater, 27
(b) the construction or use of an additional unit in a fossil gas-fired power station 28
operating as at the commencement of this Act that would result in the station 29
having a capacity of 15 megawatts or greater, 30
(c) any other development that expands or increases the level of operations or 31
generating capacity of a fossil gas-fired power station operating as at the 32
commencement of this Act that would result in the station having a capacity 33
of 15 megawatts or greater. 34
(2) Planning approval cannot be given or granted for any development that is prohibited 35
by this section. 36
(3) Any planning approval that has been or is given or granted for any development that 37
is prohibited by this section is revoked. 38
(4) Any new gas-fired power station must have a plan to transition to 100% renewable 39
gas within 10 years. 40
(5) The operator or former operator of a power station is not entitled to any 41
compensation for any loss or damage suffered as a result of the operation of this 42
section. 43
Page 9
Transforming NSW Energy Sector (Towards 100 percent Renewables) Bill 2014 [NSW]
Part 6 Removal of NSW government fossil fuel subsidies to coal and fossil gas operations
Part 6 Removal of NSW government fossil fuel subsidies to 1
coal and fossil gas operations 2
18 Treasurer to refer matters relating to fossil fuel subsidies to IPART 3
(1) The Treasurer is required to refer to IPART, for investigation and report, the 4
following: 5
(a) the sources and magnitude of all fossil fuel subsidies, 6
(b) changes to policies and actions that would bring those subsidies to an end, 7
(c) the net benefit to the New South Wales budget of ending those subsidies, 8
(d) any other related matter that the Treasurer considers appropriate. 9
(2) If the Treasurer has given a reference to IPART under this Part, the Treasurer may 10
amend the reference at any time before the Treasurer has received the report from 11
IPART, but only in a manner that is consistent with subsection (1) (a)-(c). 12
(3) Schedule 2 makes provision for IPART's investigation and report. 13
19 Treasurer to act on IPART's report 14
The Treasurer and other relevant Ministers are to institute changes to policies and 15
actions that IPART identifies would bring fossil fuel subsidies to an end in order that 16
such subsidies cease no later than 6 months after the date of IPART's report. 17
20 Redirection of fossil fuel subsidies 18
The value of the fossil fuel subsidies saved by actions taken under this Part is to be 19
re-directed for the purpose of facilitating the development and expansion of the 20
renewable energy sources and energy efficiency measures recommended by the 21
Expert Panel under Part 3. 22
Page 10
Transforming NSW Energy Sector (Towards 100 percent Renewables) Bill 2014 [NSW]
Part 7 Other steps towards 100 percent renewable energy
Part 7 Other steps towards 100 percent renewable energy 1
21 New guidelines on wind farms to be prepared and circulated 2
(1) The Government of New South Wales is required to prepare guidelines for the 3
assessment and determination of planning proposals involving the establishment or 4
expansion of wind farms. 5
(2) The guidelines are required to be based on science and to deal with matters that 6
include the following: 7
(a) buffer distances between existing residences and wind farms that are ten times 8
the blades diameter, with the ability for the buffer to be waived as a result of 9
negotiations with neighbours, 10
(b) noise standards that reflect the Wind farms environmental noise guidelines 11
prepared by the South Australian Environment Protection Authority, as in 12
force at 1 January 2013. 13
(3) The Government of New South Wales is required to publicly consult on the 14
preparation of the guidelines. 15
(4) The draft planning guidelines on wind farms circulated by the Government of New 16
South Wales in December 2011 are not to be re-circulated in purported compliance 17
with this section. 18
Page 11
Transforming NSW Energy Sector (Towards 100 percent Renewables) Bill 2014 [NSW]
Part 8 Miscellaneous
Part 8 Miscellaneous 1
22 Protection of information 2
(1) This section applies to the following persons: 3
(a) the Minister, 4
(b) an employee of a Public Service agency, 5
(c) a person who is or was a member of the Expert Panel. 6
(2) A person to whom this section applies must not, directly or indirectly, except for the 7
purposes of this Act or otherwise in connection with the exercise of the person's 8
functions under this Act: 9
(a) make a record of any information, acquired by the person by reason of, or in 10
the course of, the exercise of the person's functions under this Act, or 11
(b) divulge or communicate to any person any such information. 12
Maximum penalty: 100 penalty units or imprisonment for 6 months, or both. 13
(3) A person to whom this section applies cannot be required: 14
(a) to produce to any person or body any document or other thing that has come 15
into the person's possession, custody or control by reason of, or in the course 16
of, the exercise of the person's functions under this Act, or 17
(b) to divulge or communicate to any person or body any matter or thing that has 18
come to the person's notice in the exercise of the person's functions under this 19
Act. 20
(4) Despite this section, a person to whom this section applies may divulge any such 21
information: 22
(a) for the purposes of and in accordance with this Act, or 23
(b) for the purposes of a prosecution under this Act, or 24
(c) in accordance with a direction of the Minister, if the Minister certifies that it is 25
necessary to do so in the public interest, or 26
(d) to any person or body prescribed by the regulations. 27
(5) A person or body to whom information is divulged under subsection (4), and any 28
person or employee under the control of that person or body, is subject to the same 29
rights, privileges, obligations and liabilities under subsections (2) and (3) in respect 30
of that information as if he or she were a person to whom this section applies and had 31
acquired the information in the exercise of functions under this Act. 32
(6) In this section: 33
body includes any court, tribunal, authority or body having power to require the 34
production of documents or the answering of questions. 35
produce includes permit access to. 36
23 Protection from liability 37
A matter or thing done or omitted to be done by a member of the Expert Panel does 38
not, if the matter or thing was done or omitted in good faith for the purpose of 39
executing this or any other Act, subject the member personally to any action, 40
liability, claim or demand. 41
24 Act binds Crown 42
This Act binds the Crown in right of New South Wales and, in so far as the legislative 43
power of Parliament permits, the Crown in all its other capacities. 44
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Transforming NSW Energy Sector (Towards 100 percent Renewables) Bill 2014 [NSW]
Part 8 Miscellaneous
25 Nature of proceedings for offences 1
(1) Proceedings for an offence under this Act may be dealt with summarily before the 2
Local Court or the Supreme Court in its summary jurisdiction. 3
(2) The maximum monetary penalty that may be imposed by the Local Court for an 4
offence under this Act is 100 penalty units or the maximum monetary penalty 5
provided for the offence (whichever is less). 6
26 Regulations 7
(1) The Governor may make regulations, not inconsistent with this Act, for or with 8
respect to any matter that by this Act is required or permitted to be prescribed or that 9
is necessary or convenient to be prescribed for carrying out or giving effect to this 10
Act. 11
(2) Without limiting subsection (1), the regulations may contain provisions of a savings 12
or transitional nature consequent on the enactment of this Act or any Act that amends 13
this Act. 14
(3) Any such provision may, if the regulations so provide, take effect from the date of 15
assent to the Act concerned or a later date. 16
(4) To the extent to which any such provision takes effect from a date that is earlier than 17
the date of its publication on the NSW legislation website, the provision does not 18
operate so as: 19
(a) to affect, in a manner prejudicial to any person (other than the State or an 20
authority of the State), the rights of that person existing before the date of its 21
publication, or 22
(b) to impose liabilities on any person (other than the State or an authority of the 23
State) in respect of anything done or omitted to be done before the date of its 24
publication. 25
Page 13
Transforming NSW Energy Sector (Towards 100 percent Renewables) Bill 2014 [NSW]
Schedule 1 Constitution and procedure of Expert Panel
Schedule 1 Constitution and procedure of Expert Panel 1
(Section 8 (4)) 2
Part 1 General 3
1 Definitions 4
In this Schedule: 5
appointed member means a person who is appointed by the Minister as a member of 6
the Expert Panel. 7
Chairperson means the Chairperson of the Expert Panel. 8
Deputy Chairperson means the Deputy Chairperson of the Expert Panel. 9
member means any member of the Expert Panel. 10
representative member means a person who is a member of the Expert Panel as a 11
representative of a body. 12
Part 2 Constitution 13
2 Terms of office of members 14
Subject to this Schedule and the regulations, an appointed member holds office for 15
such period (not exceeding 3 years) as is specified in the member's instrument of 16
appointment, but is eligible (if otherwise qualified) for re-appointment. 17
3 Part-time appointments 18
Members hold office as part-time members. 19
4 Remuneration 20
A member is entitled to be paid such remuneration (including travelling and 21
subsistence allowances) as the Minister may from time to time determine in respect 22
of the member. 23
5 Deputies 24
(1) A member may, from time to time, appoint a person to be the deputy of the member, 25
and may revoke any such appointment. 26
(2) In the absence of a member, the member's deputy may, if available, act in the place 27
of the member. 28
(3) While acting in the place of a member, a person has all the functions of the member 29
and is taken to be a member. 30
(4) For the purposes of this clause, a vacancy in the office of a member is taken to be an 31
absence of the member. 32
(5) This clause does not operate to confer on the deputy of a member who is the 33
Chairperson or Deputy Chairperson the member's functions as Chairperson or 34
Deputy Chairperson. 35
6 Vacancy in office of member 36
(1) The office of a member becomes vacant if the member: 37
(a) dies, or 38
(b) completes a term of office and is not re-appointed, or 39
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Transforming NSW Energy Sector (Towards 100 percent Renewables) Bill 2014 [NSW]
Schedule 1 Constitution and procedure of Expert Panel
(c) resigns the office by instrument in writing addressed to the Minister, or 1
(d) is removed from office by the Minister under this clause, or 2
(e) is absent from 3 consecutive meetings of the Expert Panel of which reasonable 3
notice has been given to the member personally or by post, except on leave 4
granted by the Minister or unless the member is excused by the Minister for 5
having been absent from those meetings, or 6
(f) becomes bankrupt, applies to take the benefit of any law for the relief of 7
bankrupt or insolvent debtors, compounds with his or her creditors or makes 8
an assignment of his or her remuneration for their benefit, or 9
(g) becomes a mentally incapacitated person, or 10
(h) is convicted in New South Wales of an offence that is punishable by 11
imprisonment for 12 months or more or is convicted elsewhere than in New 12
South Wales of an offence that, if committed in New South Wales, would be 13
an offence so punishable, or 14
(i) in the case of a representative member--is removed by the body that the 15
member represents. 16
(2) The Minister may remove an appointed member from office at any time. 17
7 Filling of vacancy in office of appointed member 18
If the office of any appointed member becomes vacant, a person is, subject to this Act 19
and the regulations, to be appointed to fill the vacancy. 20
8 Filling of vacancy in office of representative member 21
If the office of any representative member becomes vacant, a person is, subject to this 22
Act and the regulations, to be nominated by the body whom that member represents 23
to fill the vacancy. 24
9 Chairperson and Deputy Chairperson 25
(1) The Chairperson or Deputy Chairperson vacates office as Chairperson or Deputy 26
Chairperson if he or she: 27
(a) is removed from that office by the Minister under this clause, or 28
(b) resigns that office by instrument in writing addressed to the Minister, or 29
(c) ceases to be a member of the Expert Panel. 30
(2) The Minister may at any time remove the Chairperson or Deputy Chairperson from 31
office as Chairperson or Deputy Chairperson. 32
10 Effect of certain other Acts 33
(1) The provisions of the Government Sector Employment Act 2013 relating to the 34
employment of Public Service employees do not apply to or in respect of the 35
appointment of a member. 36
(2) If by or under any Act, provision is made: 37
(a) requiring a person who is the holder of a specified office to devote the whole 38
of his or her time to the duties of that office, or 39
(b) prohibiting the person from engaging in employment outside the duties of that 40
office, 41
the provision does not operate to disqualify the person from holding that office and 42
also the office of a member or from accepting and retaining any remuneration 43
payable to the person under this Act as a member. 44
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Transforming NSW Energy Sector (Towards 100 percent Renewables) Bill 2014 [NSW]
Schedule 1 Constitution and procedure of Expert Panel
Part 3 Procedure 1
11 General procedure 2
The procedure for the calling of meetings of the Expert Panel and for the conduct of 3
business at those meetings is, subject to this Act and the regulations, to be as 4
determined by the Expert Panel. 5
12 Quorum 6
The quorum for a meeting of the Expert Panel is a majority of its members for the 7
time being. 8
13 Presiding member 9
(1) The Chairperson (or, in the absence of the Chairperson, the Deputy Chairperson, or 10
in the absence of both the Chairperson and the Deputy Chairperson, a person elected 11
by the members of the Expert Panel who are present at a meeting of the Expert Panel) 12
is to preside at a meeting of the Expert Panel. 13
(2) The presiding member has a deliberative vote and, in the event of an equality of 14
votes, has a second or casting vote. 15
14 Voting 16
A decision supported by a majority of the votes cast at a meeting of the Expert Panel 17
at which a quorum is present is the decision of the Expert Panel. 18
15 Transaction of business outside meetings or by telephone 19
(1) The Expert Panel may, if it thinks fit, transact any of its business by the circulation 20
of papers among all the members of the Expert Panel for the time being, and a 21
resolution in writing approved in writing by a majority of those members is taken to 22
be a decision of the Expert Panel. 23
(2) The Expert Panel may, if it thinks fit, transact any of its business at a meeting at 24
which members (or some members) participate by telephone, closed-circuit 25
television or other means, but only if any member who speaks on a matter before the 26
meeting can be heard by the other members. 27
(3) For the purposes of: 28
(a) the approval of a resolution under subclause (1), or 29
(b) a meeting held in accordance with subclause (2), 30
the Chairperson and each member have the same voting rights as they have at an 31
ordinary meeting of the Expert Panel. 32
(4) A resolution approved under subclause (1) is, subject to the regulations, to be 33
recorded in the minutes of the meetings of the Expert Panel. 34
(5) Papers may be circulated among the members for the purposes of subclause (1) by 35
facsimile or other transmission of the information in the papers concerned. 36
16 First meeting 37
The Minister may call the first meeting of the Expert Panel in such manner as the 38
Minister thinks fit. 39
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Transforming NSW Energy Sector (Towards 100 percent Renewables) Bill 2014 [NSW]
Schedule 2 IPART investigation of fossil fuel subsidies
Schedule 2 IPART investigation of fossil fuel subsidies 1
(Section 18 (3)) 2
Part 1 Treasurer's referral 3
1 Treasurer's reference may impose certain requirements 4
(1) The Treasurer's reference of matters to IPART may do any or all of the following: 5
(a) specify a period within which IPART is required to submit a report to the 6
Treasurer, 7
(b) require IPART to consider specified matters when making its investigation, 8
(c) require IPART to make a draft report available to the public, or to any 9
specified persons or bodies, during the investigation. 10
(2) IPART must act in accordance with any such requirement. 11
2 Public notice of Treasurer's reference 12
(1) IPART is required to give notice of any investigation under this Part: 13
(a) on its website, and 14
(b) in a newspaper circulating in the State, and 15
(c) in any other manner that it considers appropriate. 16
(2) That notice is to include the terms of the reference by the Treasurer and any 17
requirement made by the Treasurer under clause 1. 18
(3) IPART is required, after considering any public comments on such terms of 19
reference, to settle the final terms of reference in the matter in consultation with the 20
Treasurer. 21
Part 2 Investigation and report by IPART 22
3 IPART to investigate and report 23
(1) IPART is to conduct an investigation and report to the Treasurer in accordance with 24
this Part. 25
(2) IPART may also report to the Treasurer on any matter it considers relevant that arises 26
from an investigation under this Part. Any such report may be part of the principal 27
report to the Treasurer or may be a separate report. 28
(3) A report is to include any minority report by a member of IPART who wishes to 29
make such a report. 30
4 IPART's report to be made public 31
(1) As soon as practicable after the Treasurer receives a report from IPART under this 32
Part, the Treasurer is to arrange: 33
(a) for the report to be included on the website of the Government of New South 34
Wales and of IPART, and 35
(b) for the report to be tabled in each House of Parliament within 5 sitting days of 36
the House, and 37
(c) for copies of the report to be made available for public inspection at the office 38
of IPART during its ordinary business hours. 39
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Transforming NSW Energy Sector (Towards 100 percent Renewables) Bill 2014 [NSW]
Schedule 2 IPART investigation of fossil fuel subsidies
(2) However, the Treasurer is not required to release any part of the report that, in the 1
opinion of the Treasurer or IPART, contains confidential information. 2
Part 3 Conduct of IPART's investigation 3
5 Powers of IPART and conduct of investigations 4
(1) In an investigation, IPART: 5
(a) is to act with as little formality as possible, and 6
(b) may inform itself on any matter in any way it thinks fit and is not bound by the 7
rules of evidence, and 8
(c) may receive information or submissions in the form of oral or written 9
statements, and 10
(d) may consult with such persons as it thinks fit. 11
(2) IPART may, but is not required to, hold hearings or public seminars, conduct 12
workshops and establish working groups and task forces for the purposes of an 13
investigation. 14
(3) IPART must consult with standard retail suppliers in an investigation. 15
(4) If IPART holds hearings, it must give reasonable notice, by advertisement published 16
in a newspaper circulating in the State, of the hearings. 17
(5) IPART may call for written submissions and may specify a time and date by which 18
those submissions must be made. IPART may extend the time for the making of 19
submissions. 20
(6) A hearing may be held in public or in private, at the discretion of IPART, and may 21
be conducted as determined by IPART. 22
6 Provision of information, documents and evidence 23
(1) For the purposes of an investigation and report, the Chairperson of IPART may, by 24
notice in writing served on an officer of a standard retail supplier or any other person, 25
direct the officer or person to do any one or more of the following: 26
(a) to send to IPART, on or before a day specified in the notice, a statement setting 27
out such information as is so specified, 28
(b) to send to IPART, on or before a day specified in the notice, such documents 29
as are so specified, 30
(c) to attend a meeting or hearing of IPART to give evidence. 31
(2) If documents are given to IPART under this clause, IPART: 32
(a) may take possession of, and make copies of or take extracts from, the 33
documents, and 34
(b) may keep possession of the documents for such period as is necessary for the 35
purposes of the investigation to which they relate, and 36
(c) during that period must permit them to be inspected at all reasonable times by 37
persons who would be entitled to inspect them if they were not in the 38
possession of IPART. 39
(3) A person must not contravene a direction given under subclause (1). 40
Maximum penalty: 100 penalty units or imprisonment for 6 months, or both. 41
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Transforming NSW Energy Sector (Towards 100 percent Renewables) Bill 2014 [NSW]
Schedule 2 IPART investigation of fossil fuel subsidies
7 Confidential information 1
(1) If a person provides information (protected information) to IPART for the purposes 2
of an investigation on the understanding that the information is confidential and will 3
not be divulged, IPART is required to ensure that the information is not divulged by 4
it to any person, except: 5
(a) with the consent of the person who provided the information, or 6
(b) to the extent that IPART is satisfied that the information is not confidential in 7
nature, or 8
(c) to a member or officer of IPART. 9
(2) If IPART is satisfied that protected information provided to IPART by a person 10
needs to be divulged for the purposes of its report, and the exceptions in 11
subclause (1) (a)-(c) are not applicable, IPART may notify the person that IPART 12
proposes to divulge the information in its report after a specified period. 13
(3) After the specified period, and despite subclause (1), IPART may divulge the 14
information in its report. 15
(4) If IPART is satisfied that it is desirable to do so because of the confidential nature of 16
any information provided to it in connection with its functions under this Part, it may 17
give directions prohibiting or restricting the divulging of the information. 18
(5) A person must not contravene a direction given under subclause (4). 19
Maximum penalty: 100 penalty units or imprisonment for 6 months, or both. 20
(6) A reference in this clause to information includes information given at a meeting or 21
hearing of IPART and information contained in any documents given to IPART. 22
8 Offences 23
(1) A person must not, without reasonable excuse: 24
(a) refuse or fail to comply with a notice served under this Part, or 25
(b) refuse or fail to answer a question that the person is required to answer by the 26
Chairperson of IPART at any meeting or hearing before IPART under this 27
Part. 28
(2) It is a reasonable excuse for the purposes of subclause (1) that to comply with the 29
notice or to answer the question might tend to incriminate a natural person or make 30
the person liable to any forfeiture or penalty. 31
(3) A person must not: 32
(a) give to IPART, whether orally or in writing, information that the person knows 33
to be false or misleading in a material particular (unless the person informs 34
IPART of that fact), or 35
(b) at a meeting of or hearing before IPART, give evidence that the person knows 36
to be false or misleading in a material particular. 37
(4) A person must not hinder, obstruct or interfere with the Chairperson or any other 38
member of IPART in the exercise of functions for the purposes of this Part as 39
Chairperson or other member. 40
(5) A person must not take any action that detrimentally affects the employment of 41
another person, or threaten to do so, because that other person has assisted IPART in 42
any investigation. 43
Maximum penalty: 100 penalty units or imprisonment for 6 months, or both. 44
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Transforming NSW Energy Sector (Towards 100 percent Renewables) Bill 2014 [NSW]
Schedule 2 IPART investigation of fossil fuel subsidies
9 Cabinet information and proceedings 1
(1) This Part does not enable IPART: 2
(a) to require any person to give any statement of information or answer any 3
question that relates to confidential proceedings of Cabinet, or 4
(b) to require any person to disclose Cabinet information, or 5
(c) to inspect Cabinet information. 6
(2) For the purposes of this clause, a certificate of the Secretary or General Counsel of 7
the Department of Premier and Cabinet that: 8
(a) any information or question relates to confidential proceedings of Cabinet, or 9
(b) information is Cabinet information, 10
is conclusive of that fact. 11
(3) In this clause: 12
Cabinet includes a committee of Cabinet or a subcommittee of such a committee. 13
Cabinet information means information that is Cabinet information under the 14
Government Information (Public Access) Act 2009. 15
Page 20
Transforming NSW Energy Sector (Towards 100 percent Renewables) Bill 2014 [NSW]
Schedule 3 Amendment of Electricity Supply Act 1995 No 94
Schedule 3 Amendment of Electricity Supply Act 1995 No 94 1
[1] Section 15B 2
Insert after section 15A: 3
15B Distribution network service providers to allow small renewable energy 4
generators to feed-in to network (persons not part of closed scheme) 5
(1) The objects of this section are as follows: 6
(a) to encourage and support persons who want to generate renewable 7
energy as a response to climate change, 8
(b) to develop jobs in the renewable energy sector by assisting renewable 9
energy generation to compete with non-renewable energy generation, 10
(c) to increase public exposure to renewable energy technology in order to 11
encourage the whole community to respond to climate change. 12
(2) For the purposes of this section a generator is a complying generator if the 13
generator: 14
(a) is a solar photovoltaic generator, a wind turbine, or a renewable energy 15
generator of a class prescribed by the regulations, that has a generating 16
capacity of no more than 10 kilowatts, and 17
(b) is installed and connected to the distribution network in a manner that 18
provides for all the electricity generated by the generator to be supplied 19
to the distribution network and allows the relevant distribution network 20
service provider to measure at any instant the amount of electricity 21
supplied, and 22
(c) complies with, and is installed and connected in a manner that complies 23
with, any safety, technical or metering requirements that may be 24
prescribed by the regulations or market operations rules. 25
(3) This section does not apply to a regulated offer customer who, under 26
section 15A, receives, or is eligible to receive, a credit against charges 27
payable. 28
(4) A distribution network service provider must, on application by or on behalf 29
of a regulated offer customer, provide customer connection services so as to 30
connect, or permit to be connected, to its distribution network a complying 31
generator if: 32
(a) the generator is to be installed at premises that are in the distribution 33
network service provider's distribution district, and 34
(b) the regulated offer customer has a right under the National Energy 35
Retail Law (NSW) to be provided with customer connection services at 36
those premises. 37
(5) The right that a person has under this section to have premises provided with 38
customer connection services is subject to any provision of the National 39
Energy Retail Law (NSW), any instrument made under that Law, this Act or 40
the regulations that authorises the disconnection of those premises from, or the 41
refusal to connect those premises to, a distribution system. 42
Page 21
Transforming NSW Energy Sector (Towards 100 percent Renewables) Bill 2014 [NSW]
Schedule 3 Amendment of Electricity Supply Act 1995 No 94
(6) A distribution network service provider must record a credit against charges 1
payable at the amount of $0.20 (or such other amount as may be prescribed by 2
the regulations) per kilowatt hour in respect of a regulated offer customer for 3
electricity that: 4
(a) is produced by a complying generator installed and connected at the 5
premises of the regulated offer customer, and 6
(b) is supplied to the distribution network by the regulated offer customer. 7
(7) The credit recorded under subsection (6) by a distribution network service 8
provider against charges payable is to be reduced by the amount determined 9
by the Tribunal under Division 5 of Part 4 (having regard the need to 10
approximate the relevant retail purchase price) as the retailer benefit 11
component for the supply of electricity as referred to in subsection (6). 12
(8) A distribution network service provider must, in accordance with the 13
regulations, provide a retailer with: 14
(a) details of the amount of credit that has been recorded under this section 15
for electricity supplied to the network by each regulated offer customer 16
of the retailer, and 17
(b) such other information as may be required to be supplied by the 18
regulations or the market operations rules. 19
(9) A distribution network service provider must provide to the Minister and the 20
Director-General the following information at such times as may be prescribed 21
by the regulations: 22
(a) the total number of regulated offer customers in the distribution network 23
service provider's distribution district who have installed and connected 24
a complying generator, and 25
(b) the postcodes of those regulated offer customers, and 26
(c) the total generating capacity of all such generators in the distribution 27
district, and 28
(d) such information as is available to the distribution network service 29
provider about the amount of electricity supplied to the distribution 30
network by complying generators in the distribution network service 31
provider's distribution district during such periods as may be prescribed 32
by the regulations, and 33
(e) any other matter that may be prescribed by the regulations. 34
(10) It is a condition of a distribution network service provider's licence that the 35
distribution network service provider must not contravene this section. 36
(11) The Director-General or a distribution network service provider may, at any 37
time, require a person to provide information by statutory declaration in order 38
to determine the person's eligibility to have a credit recorded in respect of the 39
person under this section. 40
(12) A person must within 7 days after any change in the person's circumstances 41
(including any change to a generator on premises owned or occupied by the 42
person) notify a distribution network service provider of that change if the 43
change may cause the person to be no longer eligible to have a credit recorded 44
(or to have a credit recorded at a particular rate) by the provider in respect of 45
the person under this section. 46
Maximum penalty: 50 penalty units. 47
Page 22
Transforming NSW Energy Sector (Towards 100 percent Renewables) Bill 2014 [NSW]
Schedule 3 Amendment of Electricity Supply Act 1995 No 94
(13) A distribution network service provider is not to record a credit under this 1
section, and a retailer is not to pay an amount under subsection (15), in respect 2
of electricity produced by a generator that is first connected to the distribution 3
network on or after the date specified in a notice under this section. 4
(14) The regulations may contain provisions of a savings or transitional nature 5
consequent on the making of a regulation under this section. 6
(15) A retailer must, in accordance with the regulations (if any): 7
(a) pay a regulated offer customer an amount consisting of the amount of 8
any credit recorded under this section for any electricity supplied by the 9
customer together with the amount of the retailer benefit component for 10
the supply of that electricity (as determined by the Tribunal under 11
Division 5 of Part 4), or 12
(b) reduce an amount payable by the regulated offer customer by an amount 13
equal to the amount payable under paragraph (a). 14
Maximum penalty: 1,000 penalty units. 15
[2] Section 43EJ Division to cease to have effect 16
Omit the section. 17
Page 23
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