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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Energy Legislation Amendment Bill 2021
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Electricity Supply Act 1995 No 94 3
Schedule 2 Amendment of Energy and Utilities Administration Act 1987 No
103 29
Schedule 3 Amendment of Forestry Act 2012 No 96 35
Schedule 4 Amendment of Gas Supply Act 1996 No 38 37
Schedule 5 Amendment of Pipelines Act 1967 No 90 43
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2021
New South Wales
Energy Legislation Amendment Bill 2021
Act No , 2021
An Act to amend various Acts administered by the Minister for Energy and Environment
concerning the supply of energy to the State; and for related purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Energy Legislation Amendment Bill 2021 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Energy Legislation Amendment Act 2021.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
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Energy Legislation Amendment Bill 2021 [NSW]
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
[1] Section 12A
Insert before section 13--
12A Meaning of "distribution system"
(1) In this Act--
distribution system means--
(a) the electricity power lines and associated equipment and electricity
structures used to convey and control the conveyance of electricity--
(i) to the premises of wholesale and retail customers, up to the
connection point for the premises, whether or not the connection
point is on the building or land comprising the premises, or
(ii) to, from and along the rail network electricity system operated
by, for or on behalf of Sydney Metro, Sydney Trains, Transport
Asset Holding Entity of New South Wales or Transport for NSW,
or
(b) a regulated stand-alone power system.
(2) A distribution system does not include the following--
(a) a transmission system,
(b) any of the following excluded by the regulations--
(i) specified electricity power lines,
(ii) specified electricity structures,
(iii) specified equipment.
[2] Section 16 Distributors to convey electricity for certain persons only
Omit "its". Insert instead "a".
[3] Section 16(c)
Insert at the end of section 16(b)--
, or
(c) a person prescribed by the regulations, or a member of a class of persons
prescribed by the regulations.
[4] Part 4, Division 5 Determinations by Tribunal
Omit the Division.
[5] Section 45 Erection and placement of electricity works
Insert "written" before "notice" in section 45(4)(a).
[6] Section 45(4)(b)
Insert ", or a shorter period agreed to in writing by the council" after "was given".
[7] Section 49 Obstruction of electricity works
Omit section 49(2). Insert instead--
(2) The network operator may serve a written notice on the person having control
of the structure or thing requiring the person to--
(a) modify or remove the structure or thing, or
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Energy Legislation Amendment Bill 2021 [NSW]
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
(b) do either of the following--
(i) modify or remove the structure or thing,
(ii) engage an accredited service provider to move the electricity
works away from the structure or thing.
(2A) Work undertaken in accordance with a requirement in a notice served under
subsection (2) is at the expense of the person served with the notice.
(2B) The network operator may, in an emergency, modify or remove the structure
or thing itself, instead of serving a notice under subsection (2).
[8] Section 49(3)
Omit "subsection (2)(a)". Insert instead "subsection (2)".
[9] Sections 49(5)
Omit "The costs".
Insert instead "If the network operator carries out the work after issuing a notice under
subsection (2), the costs".
[10] Section 49(8)
Omit the subsection. Insert instead--
(8) Subsection (5) does not enable the network operator to recover costs from a
person referred to in subsection (7) if the structure or thing was lawfully placed
in its present position--
(a) before the installation of the electricity works, or
(b) with the agreement of the operator, or
(c) in the case of electricity works to which section 53 applies--before 26
May 2006.
[11] Section 63K Secretary may direct distributor to remove structure
Omit section 63K(3). Insert instead--
(3) In this section--
electricity structure means a structure erected or maintained by a distributor
for 1 or more of the following purposes--
(a) the generation of electricity,
(b) the storage, transmission or distribution of electricity,
(c) public lighting.
[12] Section 63R Notification of serious electricity works accidents
Insert after section 63R(3)--
(4) This section does not apply to a serious electricity works accident involving a
motor vehicle accident on land not owned or controlled by a network operator
if--
(a) a fault or failure in electricity works did not contribute to the motor
vehicle accident, and
(b) electricity did not contribute to an injury or death.
[13] Section 63U Interference with site of serious electricity works accident
Insert at the end of the section--
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Energy Legislation Amendment Bill 2021 [NSW]
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
(2) This section does not apply to a serious electricity works accident involving a
motor vehicle accident on land not owned or controlled by a network operator
if--
(a) a fault or failure in electricity works did not contribute to the motor
vehicle accident, and
(b) electricity did not contribute to an injury or death.
[14] Section 64 Theft of electricity
Omit section 64(1). Insert instead--
(1) A person must not divert or use electricity from a generating, transmission or
distribution system unless authorised to do so by 1 or more of the following--
(a) a wholesale supply agreement,
(b) a customer retail contract,
(c) a contract, agreement or other arrangement prescribed by the
regulations.
Maximum penalty--
(a) for a corporation--2,000 penalty units, or
(b) for an individual--100 penalty units or 5 years imprisonment, or both.
[15] Section 75
Omit the section. Insert instead--
75 Court may order payment
If the Local Court finds a person guilty of an offence under section 64, the
Court may make an order directing the person to pay the amount the Court
considers appropriate for the electricity diverted or used in the commission of
the offence.
[16] Section 94A Declaration of electricity supply emergency
Insert at the end of section 94A(1)(b)--
, or
(c) there is a cyber security incident that affects or is likely to affect 1 or
more of the following that is responsible for a significant supply of
electricity to all or part of the State--
(i) a distribution system,
(ii) a distributor,
(iii) an electricity generator,
(iv) a transmission operator,
(v) a transmission system, or
(d) there is a cyber security incident of a type prescribed by the regulations.
[17] Section 94A(5)
Insert after section 94A(4)--
(5) Subsection (4) does not apply to an electricity supply emergency declared
under subsection (1)(c) or (d).
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Schedule 1 Amendment of Electricity Supply Act 1995 No 94
[18] Section 94B Electricity supply emergency directions
Insert before section 94B(1)--
(1A) This section applies to an electricity supply emergency declared by the
Premier under section 94A(1)(a) or (b).
[19] Section 94B(1)
Insert "to which this section applies" after "an electricity supply emergency".
[20] Section 94BA
Insert after section 94B--
94BA Electricity supply emergency--cyber security directions
(1) While the declaration of an electricity supply emergency under section
94A(1)(c) or (d) is in force, the Minister may, by written order, give a direction
(a cyber security direction) to a relevant person requiring the person to take
the action the Minister considers reasonably necessary to--
(a) respond to the impact of the incident on the person's information
technology systems, or
(b) prevent the incident having an impact on the person's information
technology systems.
(2) A cyber security direction--
(a) has effect for the period specified in the direction, and
(b) may be varied or revoked by a subsequent direction under this section.
(3) The Minister's written order under subsection (1) must include a copy of the
Premier's declaration of the electricity supply emergency under which the
cyber security direction is given.
(4) A person given a cyber security direction must comply with the direction.
Maximum penalty--
(a) for a corporation--2,000 penalty units, or
(b) for an individual--100 penalty units.
(5) In this section--
relevant person means the following--
(a) a network operator,
(b) an electricity generator,
(c) a person who is a member of a class of persons prescribed by the
regulations.
[21] Section 94D Requirement to provide information in connection with electricity
supply emergency
Insert after section 94D(1)(a)--
(a1) to determine whether there is, or is likely to be, a cyber security incident
affecting the supply of electricity to all or any part of the State,
[22] Section 94D(2)(a1)
Insert after section 94D(2)(a)--
(a1) information about 1 or more of the following--
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Energy Legislation Amendment Bill 2021 [NSW]
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
(i) a cyber security incident reasonably believed to affect the person,
(ii) the person's plan to respond to cyber security incidents,
(iii) the actions the person has taken, or intends to take, in response to
a cyber security incident,
[23] Section 94E Disclosure of information provided to Minister
Insert at the end of section 94E(1)(e)--
, or
(f) to a person prescribed by the regulations for the purposes of this section.
[24] Section 94H Powers of authorised officers
Insert "or a cyber security direction" after "direction" wherever occurring in section 94H(1)
and (3).
[25] Section 181A
Insert after section 181--
181A Cyber security requirements
(1) The regulations may make provision for the following--
(a) the adoption and implementation by a relevant person of policies and
procedures for managing cyber security risks and responding to cyber
security incidents,
(b) the external review and accreditation of a relevant person's policies and
procedures for managing cyber security risks and responding to cyber
security incidents.
(2) Without limiting subsection (1), the regulations may require a relevant
person's policies and procedures to address the following matters--
(a) notifying the Secretary of cyber security incidents,
(b) the process for auditing the relevant person's implementation and
compliance with the policies and procedures and the reporting of the
audit result to the Secretary.
(3) In this section--
relevant person means the following--
(a) a network operator,
(b) an electricity generator,
(c) a person who is a member of a class of persons prescribed by the
regulations.
[26] Section 185 Proceedings for offences
Insert after section 185(3)--
(3A) Proceedings for an offence under Schedule 4A or a regulation made under
Schedule 4A may be commenced at any time within 2 years after the date on
which evidence of the alleged offence first came to the attention of the Scheme
Administrator or the Scheme Regulator.
(3B) If subsection (3A) is relied on for the purpose of commencing proceedings for
an offence, the court attendance notice or application must contain particulars
of the date on which evidence of the offence first came to the attention of the
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Energy Legislation Amendment Bill 2021 [NSW]
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
Scheme Administrator or Scheme Regulator and need not contain particulars
of the date on which the offence was committed.
(3C) The date on which evidence first came to the attention of the Scheme
Administrator or Scheme Regulator is the date specified in the court
attendance notice or application, unless the contrary is established.
[27] Section 191 Regulations
Omit section 191(1A)(k).
[28] Section 192
Insert after section 191--
192 Recovery of distribution and transmission charges from green hydrogen
producers
(1) The regulations may provide for limitations on the recovery by a network
service provider of charges from a person who buys electricity to produce
green hydrogen that the network service provider is otherwise entitled to
recover from the person under a determination.
(2) The regulations may modify the application of, or disapply, a provision of the
National Electricity (NSW) Law or the National Electricity Rules to the extent
reasonably necessary to give effect to regulations made under subsection (1).
(3) The regulations may not have the effect of reducing the total revenue earned
by a network service provider under a determination.
(4) The regulations may make further provision in relation to whether electricity
is taken to be used to produce green hydrogen.
(5) In this section--
determination means a distribution determination or transmission
determination under the National Electricity (NSW) Law.
green hydrogen means hydrogen produced using renewable energy.
network service provider means a distribution network service provider or
transmission network service provider within the meaning of the National
Electricity Rules.
192A Regulations relating to community-scale batteries
(1) The regulations may provide for the construction and use of community-scale
batteries, including provisions that deal with the following--
(a) authorising and facilitating the ownership and operation of
community-scale batteries, or classes of community batteries, by
specified persons,
Example-- Regulations could authorise and facilitate the ownership and
operation of community-scale batteries by the following--
(a) local councils,
(b) distribution network service providers,
(c) incorporated associations,
(d) co-operatives.
(b) regulating service tariffs for energy flows between connection points
where a community-scale battery scheme operates,
(c) exempting community-scale batteries from fees, charges or tariffs under
this or any other Act,
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Energy Legislation Amendment Bill 2021 [NSW]
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
(d) ensuring community-scale batteries do not compromise the energy
security and reliability of the distribution and transmission systems.
(2) The regulations may modify the application of, or disapply, a provision of the
National Electricity (NSW) Law or the National Electricity Rules to the extent
reasonably necessary to give effect to regulations made under subsection (1).
(3) In this section, community-scale battery is a battery or series of
inter-connected batteries with a storage capacity not exceeding 30 megawatts.
[29] Section 195 Review of solar bonus scheme by Minister
Omit the section.
[30] Section 196, heading
Omit "co-ordinator". Insert instead "coordinator and metering provider".
[31] Section 196(1)
Omit "co-ordinator". Insert instead "coordinator or metering provider".
[32] Section 196(3)
Omit "co-ordinator". Insert instead "coordinator or metering provider".
[33] Section 196(4)
Omit the subsection. Insert instead--
(4) In this section--
metering coordinator has the same meaning as in the National Electricity
Rules.
metering provider has the same meaning as in the National Electricity Rules.
[34] Schedule 4A Energy security safeguard schemes
Insert in alphabetical order in clause 2(1)--
compliance officer means a compliance officer appointed under clause 71A.
green hydrogen means hydrogen produced using renewable energy.
recognised form of energy means the following--
(a) electricity,
(b) a type of gas,
(c) a form of energy prescribed by the regulations.
[35] Schedule 4A, clause 9, note
Omit "electricity or gas or both electricity and gas".
Insert instead "a recognised form of energy".
[36] Schedule 4A, clause 13, note
Omit "electricity or gas or both electricity and gas".
Insert instead "a recognised form of energy".
[37] Schedule 4A, clause 22(3) and (3A)
Omit clause 22(3). Insert instead--
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Schedule 1 Amendment of Electricity Supply Act 1995 No 94
(3) The Minister may grant an exemption under this clause only if satisfied that
the electricity is used--
(a) in connection with an industry or activity that is both emissions
intensive and trade exposed, or
(b) to produce green hydrogen.
(3A) The Minister may grant an exemption under this clause only if satisfied that
the exemption is otherwise generally consistent with the objects of this Part.
[38] Schedule 4A, clause 24
Omit the clause. Insert instead--
24 Grounds on which electricity load may be exempt
(1) The regulations may make further provision with respect to the determination
of whether--
(a) an industry or activity is emissions intensive or trade exposed, and
(b) electricity is taken to be used to produce green hydrogen.
(2) Subject to the regulations, the Minister may determine the basis on which--
(a) an industry or activity is considered to be emissions intensive or trade
exposed, and
(b) electricity is taken to be used to produce green hydrogen.
[39] Schedule 4A, clause 30(1), (2) and (4)(a)
Omit "electricity or gas" wherever occurring. Insert instead "a recognised form of energy".
[40] Schedule 4A, clause 32(2)
Omit "electricity or the certificate conversion factor for gas or both the certificate
conversion factor for electricity and the certificate conversion factor for gas".
Insert instead "the recognised form of energy".
[41] Schedule 4A, clause 33, heading
Insert "--electricity" after "factor".
[42] Schedule 4A, clause 33(1)
Omit the subclause. Insert instead--
(1) Subject to this clause, the certificate conversion factor for a year for electricity
is 1.06.
[43] Schedule 4A, clause 33A
Insert after clause 33--
33A Certificate conversion factor--forms of energy other than electricity
(1) The certificate conversion factor for a form of energy other than electricity for
a year is the factor prescribed by the regulations for the form of energy.
(2) If the regulations do not prescribe a certificate conversion factor for a year for
a type of gas, the certificate conversion factor for a year for the type of gas is
0.39.
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Energy Legislation Amendment Bill 2021 [NSW]
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
[44] Schedule 4A, clause 34(1) and (2)
Omit clause 34(1)-(3). Insert instead--
(1) An energy savings certificate for energy savings arising from a recognised
energy saving activity may be created no later than 6 months after the energy
savings occur.
(2) An energy savings certificate is not created until an application is made under
clause 46 for registration of the certificate.
[45] Schedule 4A, clause 38(2)
Omit "electricity or gas".
Insert instead "a recognised form of energy".
[46] Schedule 4A, clause 42
Omit the clause. Insert instead--
42 Amendment of accreditation
(1) An accredited certificate provider may apply to the Scheme Administrator to
amend the provider's accreditation by--
(a) varying the activities for which the provider is accredited, or
(b) varying or revoking a condition of the accreditation imposed by the
Scheme Administrator.
(2) Subclause (1)(b) does not apply to a condition imposed by this Act or the
regulations.
(3) The Scheme Administrator must determine an application to amend a
provider's accreditation by--
(a) granting the application, or
(b) refusing the application.
(4) The regulations may make provision for the amendment of a provider's
accreditation, including by requiring an application fee to be paid to the
Scheme Administrator for an application to amend an accreditation.
(5) The Scheme Administrator may refuse an application to amend a provider's
accreditation on grounds specified in the regulations.
(6) In addition to an application fee referred to in subclause (4), the Scheme
Administrator may recover from an accredited certificate provider the costs
reasonably incurred by the Administrator in investigating and determining an
application to amend the provider's accreditation.
[47] Schedule 4A, clause 45(2)
Omit "(on the balance of probabilities on the basis of an audit conducted under this Act or
the regulations or of information otherwise obtained by the Administrator under this Act or
the regulations)".
Insert instead ", on the balance of probabilities,".
[48] Schedule 4A, clause 45(3)
Omit "equivalent to". Insert instead "no more than".
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Schedule 1 Amendment of Electricity Supply Act 1995 No 94
[49] Schedule 4A, clause 55(4)
Omit the subclause. Insert instead--
(4) The Scheme Regulator may delegate the exercise of its functions under this
Part, other than this power of delegation, to--
(a) with the approval of the Minister--another person or body, and
(b) a person who is a member of a class of persons approved by the
Minister.
[50] Schedule 4A, clause 57(4)
Omit the subclause. Insert instead--
(4) The Scheme Administrator may delegate the exercise of its functions under
this Part, other than this power of delegation, to--
(a) with the approval of the Minister--another person or body, and
(b) a person who is a member of a class of persons approved by the
Minister.
[51] Schedule 4A, clause 58(3) and (4)
Omit the subclauses.
[52] Schedule 4A, clause 58A
Insert after clause 58--
58A Cost of audits
(1) Each scheme participant and accredited certificate provider must pay to the
Secretary the audit fee for an audit conducted under this Part in relation to the
participant or provider by or for the Scheme Regulator or Scheme
Administrator.
(2) An audit fee under this clause may be recovered by the Secretary in a court of
competent jurisdiction as a debt due to the Crown.
(3) In this clause--
audit fee means--
(a) the fee prescribed by the regulations or calculated in accordance with
the regulations, or
(b) if the regulations do not prescribe a fee or a method for calculating a
fee--the reasonable cost, certified by the Scheme Regulator or Scheme
Administrator, of carrying out the audit.
[53] Schedule 4A, clause 59(4)
Omit the subclause. Insert instead--
(4) An individual has a reasonable excuse for the purposes of subclause (3) if
complying with the notice or answering the question might tend to incriminate
the individual or make the individual liable to any forfeiture or penalty.
[54] Schedule 4A, clause 62A
Insert after clause 62--
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Schedule 1 Amendment of Electricity Supply Act 1995 No 94
62A Identity of person providing information to be confidential
(1) This clause applies if a person (an information provider) provides information
to the Scheme Regulator or Scheme Administrator about another person's
non-compliance with an obligation under this Part.
(2) The Scheme Regulator or Scheme Administrator must ensure that the identity
of an information provider, and anything that may reasonably identify the
information provider, is not disclosed to any person except--
(a) with the consent of the information provider, or
(b) if ordered by a court or tribunal, or
(c) if required by another law.
(3) If the identity of an information provider cannot be disclosed under subclause
(2), the information provided by the information provider cannot be used as
evidence in proceedings against another person for an offence under this Act.
(4) Subclause (3) does not prevent the Scheme Regulator or Scheme
Administrator using information, including in proceedings for an offence
under this Act, obtained as a result of the information received from an
information provider.
[55] Schedule 4A, Division 11A
Insert after clause 63--
Division 11A Civil penalties
63A Definitions
In this Division--
civil penalty order--see clause 63B.
civil penalty provision means a provision prescribed by the regulations as a
civil penalty provision.
scheme entity means--
(a) the Scheme Administrator, or
(b) the Scheme Regulator.
63B Monetary penalty
(1) If a person has contravened a civil penalty provision, a scheme entity may, by
written order (a civil penalty order), require the person to pay a monetary
penalty of no more than the penalty notice amount for the provision.
(2) If a corporation is liable to a monetary penalty under this clause, each of the
following persons may be ordered to pay a monetary penalty if the person
knowingly authorised or permitted the contravention--
(a) a director of the corporation,
(b) a person concerned in the management of the corporation.
63C Process
(1) A scheme entity may not issue a civil penalty order to a person unless--
(a) the scheme entity has given the person notice of the proposed order and
the reasons for it, and
(b) the person has been given a reasonable opportunity to make a
submission about the proposed order, and
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Energy Legislation Amendment Bill 2021 [NSW]
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
(c) the scheme entity has considered a submission made by the person, and
(d) the scheme entity is satisfied on the balance of probabilities that the
person--
(i) contravened the relevant civil penalty provision, or
(ii) knowingly authorised or permitted the contravention.
(2) A scheme entity must provide written reasons for a decision to issue a civil
penalty order to the person.
(3) A civil penalty order must be issued within 3 years after the date on which
evidence of the alleged offence first came to the attention of the scheme entity.
(4) A civil penalty order must include the date, not less than 28 days after the date
the order is issued, by which the monetary penalty imposed by the order must
be paid.
63D Double jeopardy
(1) A scheme entity may not issue a civil penalty order to a person if--
(a) another civil penalty order has been issued to a person for the
contravention, or
(b) the person has been found guilty, whether a conviction is recorded or
not, of an offence under this Act or the regulations for the contravention.
(2) If criminal proceedings are taken against a person for a contravention after the
person pays the monetary penalty imposed by a civil penalty order, a court that
finds the person guilty of an offence must discount any penalty imposed by the
court by the civil penalty amount paid by the person.
63E Payment not an admission of guilt or liability
The payment of a monetary penalty under this Division cannot be taken to be
an admission of--
(a) a breach of a civil penalty provision, or
(b) liability for civil or criminal proceedings arising from substantially the
same conduct.
63F Withdrawal of order
(1) A scheme entity may withdraw a civil penalty order by written notice to the
person the subject of the order.
(2) A civil penalty order may be withdrawn under this clause at any time before it
is complied with.
(3) A civil penalty order issued to a person is automatically withdrawn on the
commencement against the person of criminal proceedings for the
contravention.
(4) A civil penalty order withdrawn under this clause may, subject to clause 63D,
be reissued.
63G Internal review of order
(1) A person who is the subject of a civil penalty order may apply to the scheme
entity that issued the order for a review of--
(a) the decision to issue the order, or
(b) the monetary penalty imposed by the order.
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Schedule 1 Amendment of Electricity Supply Act 1995 No 94
(2) An application must be made within 28 days of the issuing of the order.
(3) A person issued a civil penalty order is not required to pay the monetary
penalty imposed by the order while an application is being considered.
(4) The scheme entity's decision on the application must be given to the
applicant--
(a) by written notice that includes the reasons for the decision, and
(b) within 90 days of the making of the application.
(5) If the written notice of the scheme entity's decision is not given to the
applicant within 90 days of the making of the application, the application is
taken to have been refused.
(6) If the scheme entity affirms the decision to issue the civil penalty order,
including with a different monetary penalty, the written notice of the decision
must include the date, not less than 28 days after the date of the notice, by
which the monetary penalty must be paid.
63H External review of order
(1) A person who is not satisfied with the result of an internal review under clause
63G may make an application to the Civil and Administrative Tribunal under
the Administrative Decisions Review Act 1997 for administrative review of the
internal review decision.
(2) The Administrative Decisions Review Act 1997, section 53 does not apply to a
decision under clause 63G that may be reviewed by the Tribunal.
63I Recovery of monetary penalty
The monetary penalty imposed by a civil penalty order may be recovered by a
scheme entity in a court of competent jurisdiction as a debt owing to the
Crown.
[56] Schedule 4A, clause 64(1)(c)
Insert after clause 64(1)(b)--
(c) a register of persons who have applied for and been refused
accreditation as accredited certificate providers.
[57] Schedule 4A, clause 65(3)
Omit the subclause. Insert instead--
(3) The register of accredited certificate providers must be published on the
Scheme Administrator's website.
[58] Schedule 4A, clause 65A
Insert after clause 65--
65A Register of persons refused accreditation as accredited certificate providers
The register of persons who have applied for and been refused accreditation as
an accredited certificate provider must contain the following information
about each person--
(a) the name of the person and, if the person is a corporation, the
corporation's ACN,
(b) the reasons the person's application was refused,
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Energy Legislation Amendment Bill 2021 [NSW]
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
(c) other information required to be included in the register by this Part or
the regulations.
[59] Schedule 4A, clause 66(2)
Omit the subclause. Insert instead--
(2) The register of energy savings certificates must be published on the Scheme
Administrator's website.
[60] Schedule 4A, clause 69A
Insert after clause 69--
69A Information sharing
(1) The Scheme Administrator may enter into an arrangement (an information
sharing arrangement) with a relevant agency for the purposes of sharing or
exchanging information about the following held by the Scheme
Administrator or the agency--
(a) offences and alleged offences under this Part, including investigations,
(b) the administration of the energy savings scheme,
(c) other matters of a type prescribed by the regulations.
(2) Under an information sharing arrangement, the Scheme Administrator and the
relevant agency are, despite any other Act or law of the State, authorised--
(a) to request and receive information held by the other party to the
arrangement, and
(b) to disclose information to the other party.
(3) In this clause--
relevant agency means the following--
(a) a government sector agency within the meaning of the Government
Sector Employment Act 2013,
(b) another person or body prescribed by the regulations.
[61] Schedule 4A, clause 70(2)
Omit the subclause. Insert instead--
(2) A rule may make provision for a matter by applying, adopting or incorporating
the provisions of an Act or statutory rule or another publication as follows--
(a) with or without modification,
(b) as in force on a particular day or from time to time.
[62] Schedule 4A, Division 13A
Insert after clause 71--
Division 13A Compliance officers and penalty notices
71A Appointment of compliance officers
(1) The Scheme Administrator may, in accordance with any guidelines in force
under this clause, appoint compliance officers for the purposes of this Part.
(2) The Minister may, by written order, issue guidelines for the appointment of
compliance officers.
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(3) An order under this clause must be published on the Scheme Administrator's
website and takes effect on--
(a) the day on which it is published, or
(b) a later day specified in the order.
71B Powers of compliance officers
(1) The powers of a compliance officer may be exercised for the purposes of
investigating an accredited certificate provider's compliance with the
following--
(a) this Part,
(b) the regulations,
(c) the scheme rules,
(d) a condition of the provider's accreditation.
(2) A compliance officer may at a reasonable time enter--
(a) premises that are used in connection with an energy savings activity for
which a certificate has been created, and
(b) the principal place of business of an accredited certificate provider.
(3) A compliance officer may not enter a part of premises used only for residential
purposes without the permission of the occupier of the premises.
(4) A compliance officer may, at premises lawfully entered, do anything that, in
the opinion of the authorised officer, is necessary to be done for the purposes
of the investigation, including the following--
(a) examine and test plant or equipment on the premises,
(b) take photographs, films, audio, video and other recordings,
(c) take copies of records or documents on the premises,
(d) seize anything the authorised officer believes on reasonable grounds is
connected with an offence under this Part.
(5) A person must not hinder or obstruct a compliance officer in the exercise of a
power.
Maximum penalty--
(a) in the case of a corporation--200 penalty units, or
(b) for an individual--50 penalty units.
(6) A person is not guilty of an offence under subclause (5) unless it is established
that the authorised officer identified themselves as a compliance officer.
71C Penalty notices
(1) A compliance officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence in this Part, or a regulation under this
Part, that is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this clause.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
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(4) The amount payable under a penalty notice issued under this clause is the
amount prescribed for the alleged offence by the regulations, which must not
exceed the maximum amount of penalty that could be imposed for the offence
by a court.
(5) This clause does not limit the operation of another provision of, or made under,
this or another Act relating to proceedings that may be taken for offences.
[63] Schedule 4A, clause 73(5)
Insert after clause 73(4)--
(5) A person who, under a scheme rule, is approved by the Scheme Administrator
to undertake a function and who is aggrieved by a decision of the Scheme
Administrator to revoke the person's approval may apply to the Civil and
Administrative Tribunal for an administrative review of the decision under the
Administrative Decisions Review Act 1997.
[64] Schedule 4A, clause 74A
Insert after clause 74--
74A Ancillary offences
(1) This clause applies to a person who, for an offence under this Part or the
regulations under this Part--
(a) causes or permits another person to commit the offence, or
(b) aids, abets, counsels or procures another person to commit the offence,
or
(c) conspires with another person to commit the offence.
(2) A person to whom this clause applies is guilty of the offence and is liable to
the same penalty applicable to an offence against the other provision.
[65] Schedule 4A, clause 75
Omit the clause. Insert instead--
75 Personal liability
(1) A protected person is not personally subject to any liability for anything
done--
(a) in good faith, and
(b) for the purpose of exercising functions under this Act or another Act.
(2) The liability instead attaches to the Crown.
(3) In this clause--
done includes omitted to be done.
liability means civil liability and includes action, claim or demand.
protected person means--
(a) the Scheme Regulator, or
(b) the Scheme Administrator, or
(c) a member or officer of, or a person acting under the direction of, the
Scheme Regulator or Scheme Administrator, or
(d) a compliance officer.
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[66] Schedule 4A, clause 76(1)
Omit "(but on or before 31 July)" and "and forward to the Minister".
[67] Schedule 4A, clause 76(1A)
Insert after clause 76(1)--
(1A) The report must be forwarded to the Minister on or before--
(a) the date prescribed by the regulations, or
(b) if the regulations do not prescribe a date--31 August in the same year.
[68] Schedule 4A, clause 76(2)(d) and (e)
Omit "electricity and gas savings" wherever occurring.
Insert instead "savings in each recognised form of energy".
[69] Schedule 4A, clause 78A
Insert after clause 78--
78A Exchange of information
(1) Despite another provision of this Act, the Scheme Administrator may keep the
following information--
(a) information about offences or alleged offences under this Part,
(b) information collected in the administration of this Act.
(2) The Scheme Administrator may give the information kept under this clause to
the following--
(a) a person or body undertaking functions, similar to those undertaken by
the Scheme Administrator, in another State or Territory or for the
Commonwealth,
(b) a a government sector agency within the meaning of the Government
Sector Employment Act 2013.
[70] Schedule 4A, clause 79(5) and (6)
Omit the subclauses.
[71] Schedule 4A, clause 80A
Insert after clause 80--
80A Termination of scheme--regulations
(1) On termination of the scheme under clause 79 or 80, regulations may be made
about the effect of the termination on rights conferred or obligations imposed
under this Part.
(2) Without limiting subclause (1), the regulations may--
(a) prohibit scheme participants from carrying forward an energy savings
shortfall, or part of an energy savings shortfall, for a year to the
following year, and
(b) specify other conditions that must be complied with following the
termination.
[72] Schedule 4A, clause 81
Omit the definition of green hydrogen. Insert in alphabetical order--
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Schedule 1 Amendment of Electricity Supply Act 1995 No 94
compliance officer means a compliance officer appointed under clause 136B.
green hydrogen means hydrogen produced using renewable energy.
[73] Schedule 4A, clause 112(3)
Omit "clause 31". Insert instead "clause 111".
[74] Schedule 4A, clause 115
Omit the clause. Insert instead--
115 Amendment of accreditation
(1) An accredited certificate provider may apply to the Scheme Administrator to
amend the provider's accreditation by--
(a) varying the activities for which the provider is accredited, or
(b) varying or revoking a condition of the accreditation imposed by the
Scheme Administrator.
(2) Subclause (1)(b) does not apply to a condition imposed by this Act or the
regulations.
(3) The Scheme Administrator must determine an application to amend a
provider's accreditation by--
(a) granting the application, or
(b) refusing the application.
(4) The regulations may make provision for the amendment of a provider's
accreditation, including by requiring an application fee to be paid to the
Scheme Administrator for an application to amend an accreditation.
(5) The Scheme Administrator may refuse an application to amend a provider's
accreditation on grounds specified in the regulations.
(6) In addition to an application fee referred to in subclause (4), the Scheme
Administrator may recover from an accredited provider the costs reasonably
incurred by the Administrator in investigating and determining an application
to amend the provider's accreditation.
[75] Schedule 4A, clause 117(2)
Omit "based on an audit under this Act or other information obtained by the Administrator
under this Act".
[76] Schedule 4A, clause 117(3)(a)
Omit "equivalent to". Insert instead "no more than".
[77] Schedule 4A, clause 124(4)
Omit the subclause. Insert instead--
(4) The Scheme Regulator may delegate the exercise of its functions under this
Part, other than this power of delegation, to--
(a) with the approval of the Minister--another person or body, and
(b) a person who is a member of a class of persons approved by the
Minister.
[78] Schedule 4A, clause 126(4)
Omit the subclause. Insert instead--
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(4) The Scheme Administrator may delegate the exercise of its functions under
this Part, other than this power of delegation, to--
(a) with the approval of the Minister--another person or body, and
(b) a person who is a member of a class of persons approved by the
Minister.
[79] Schedule 4A, clause 127(2) and (3)
Omit the subclauses.
[80] Schedule 4A, clause 127A
Insert after clause 127--
127A Cost of audits
(1) Each scheme participant and accredited certificate provider must pay to the
Secretary the audit fee for an audit conducted under this Part in relation to the
participant or provider by or for the Scheme Regulator or Scheme
Administrator.
(2) An audit fee under this clause may be recovered by the Secretary in a court of
competent jurisdiction as a debt due to the Crown.
(3) In this clause--
audit fee means--
(a) the fee prescribed by the regulations or calculated in accordance with
the regulations, or
(b) if the regulations do not prescribe a fee or a method for calculating a
fee-- the reasonable cost, certified by the Scheme Regulator or Scheme
Administrator, of carrying out the audit.
[81] Schedule 4A, clause 128(4)
Omit the subclause. Insert instead--
(4) An individual has a reasonable excuse for the purposes of subclause (3) if
complying with the notice or answering the question might tend to incriminate
the individual or make the individual liable to any forfeiture or penalty.
[82] Schedule 4A, clause 131A
Insert after clause 131--
131A Identity of person providing information to be confidential
(1) This clause applies if a person (an information provider) provides information
to the Scheme Regulator or Scheme Administrator about another person's
non-compliance with an obligation under this Part
(2) The Scheme Regulator or Scheme Administrator must ensure that the identity
of an information provider, and anything that may reasonably identify the
information provider, is not disclosed to any person except--
(a) with the consent of the information provider, or
(b) if ordered by a court or tribunal, or
(c) if required by another law.
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Schedule 1 Amendment of Electricity Supply Act 1995 No 94
(3) If the identity of an information provider cannot be disclosed under subclause
(2), the information provided by the information provider cannot be used as
evidence in proceedings against another person for an offence under this Act.
(4) Subclause (3) does not prevent the Scheme Regulator or Scheme
Administrator using information, including in proceedings for an offence
under this Act, obtained as a result of the information received from an
information provider.
[83] Schedule 4A, Division 10A
Insert after clause 132--
Division 10A Civil penalties
132A Definitions
In this Division--
civil penalty order--see clause 132B.
civil penalty provision means a provision prescribed by the regulations as a
civil penalty provision.
scheme entity means--
(a) the Scheme Administrator, or
(b) the Scheme Regulator.
132B Monetary penalty
(1) If a person has contravened a civil penalty provision, a scheme entity may by
written order (a civil penalty order) require the provider to pay a monetary
penalty of no more than the penalty notice amount for the provision.
(2) If a corporation is liable to a monetary penalty under this clause, each of the
following persons may be ordered to pay a monetary penalty if the person
knowingly authorised or permitted the contravention--
(a) a director of the corporation,
(b) a person concerned in the management of the corporation.
132C Process
(1) A scheme entity may not issue a civil penalty order to a person unless--
(a) the scheme entity has given the person notice of the proposed order and
the reasons for it, and
(b) the person has been given a reasonable opportunity to make a
submission about the proposed order, and
(c) the scheme entity has considered a submission made by the person, and
(d) the scheme entity is satisfied on the balance of probabilities that the
person--
(i) contravened the relevant civil penalty provision, or
(ii) knowingly authorised or permitted the contravention.
(2) A scheme entity must provide written reasons for a decision to issue a civil
penalty order to the person.
(3) A civil penalty order must be issued within 3 years after the date on which
evidence of the alleged offence first came to the attention of the scheme entity.
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(4) A civil penalty order must include the date, not less than 28 days after the date
the order is issued, by which the monetary penalty imposed by the order must
be paid.
132D Double jeopardy
(1) A scheme entity may not issue a civil penalty order to a person if--
(a) another civil penalty order has been issued to a person for the
contravention, or
(b) the person has been found guilty, whether a conviction is recorded or
not, of an offence under this Act or the regulations for the contravention.
(2) If criminal proceedings are taken against a person for a contravention after the
person pays the monetary penalty imposed by a civil penalty order, a court that
finds the person guilty of an offence must discount any penalty imposed by the
civil penalty amount paid by the person.
132E Payment not an admission of guilt or liability
The payment of a monetary penalty under this Division cannot be taken to be
an admission of--
(a) a breach of a civil penalty provision, or
(b) liability for civil or criminal proceedings arising from substantially the
same conduct.
132F Withdrawal of order
(1) A scheme entity may withdraw a civil penalty order by written notice to the
person the subject of the order.
(2) A civil penalty order may be withdrawn under this clause at any time before it
is complied with.
(3) A civil penalty order issued to a person is automatically withdrawn on the
commencement against the person of criminal proceedings for the
contravention.
(4) A civil penalty order withdrawn under this clause may, subject to clause 132D,
be reissued.
132G Internal review of order
(1) A person who is the subject of a civil penalty order may apply to the scheme
entity that issued the order for a review of--
(a) the decision to issue the order, or
(b) the monetary penalty imposed by the order.
(2) An application must be made within 28 days of the issuing of the order.
(3) A person issued a civil penalty order is not required to pay the monetary
penalty imposed while an application is being considered.
(4) The scheme entity's decision on the application must be given to the
applicant--
(a) by written notice that includes the reasons for the decision, and
(b) within 90 days of the making of the application.
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(5) If the written notice of the scheme entity's decision is not given to the
applicant within 90 days of the making of the application, the application is
taken to have been refused.
(6) If the scheme entity affirms the decision to issue the civil penalty order,
including with a different monetary penalty, the written notice of the decision
must include the date, not less than 28 days after the date of the notice, by
which the monetary penalty must be paid.
132H External review of order
(1) A person who is not satisfied with the result of an internal review under clause
132G may make an application to the Civil and Administrative Tribunal under
the Administrative Decisions Review Act 1997 for administrative review of the
internal review decision.
(2) The Administrative Decisions Review Act 1997, section 53 does not apply to a
decision under clause 132G that may be reviewed by the Tribunal.
132I Recovery of monetary penalty
The monetary penalty imposed by a civil penalty order may be recovered by a
scheme entity in a court of competent jurisdiction as a debt owing to the
Crown.
[84] Schedule 4A, clause 133(1)(c)
Insert after clause 133(1)(b)--
(c) a register of persons who have applied for and been refused
accreditation as accredited certificate providers.
[85] Schedule 4A, clause 134A
Insert after clause 134--
134A Register of persons refused accreditation as accredited certificate providers
The register of persons who have applied for and been refused accreditation as
an accredited certificate provider must contain the following information
about each person--
(a) the name of the person and, if the person is a corporation, the
corporation's ACN,
(b) the reasons the person's application was refused,
(c) other information required to be included in the register by this Part or
the regulations.
[86] Schedule 4A, clause 136A and Division 11A
Insert after clause 136--
136A Information sharing
(1) The Scheme Administrator may enter into an arrangement (an information
sharing arrangement) with a relevant agency for the purposes of sharing or
exchanging information about the following held by the Scheme
Administrator or the agency--
(a) offences and alleged offences under this Part, including investigations,
(b) the administration of the peak demand reduction scheme,
(c) other matters of a type prescribed by the regulations.
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Schedule 1 Amendment of Electricity Supply Act 1995 No 94
(2) Under an information sharing arrangement, the Scheme Administrator and the
relevant agency are, despite any other Act or law of the State, authorised--
(a) to request and receive information held by the other party to the
arrangement, and
(b) to disclose information to the other party.
(3) In this clause--
relevant agency means the following--
(a) a government sector agency within the meaning of the Government
Sector Employment Act 2013,
(b) another person or body prescribed by the regulations.
Division 11A Compliance officers and penalty notices
136B Appointment of compliance officers
(1) The Scheme Administrator may, in accordance with any guidelines in force
under this clause, appoint compliance officers for the purposes of this Part.
(2) The Minister may, by written order, issue guidelines for the appointment of
compliance officers.
(3) An order must be published on the Scheme Administrator's website and takes
effect on--
(a) the day on which it is published, or
(b) a later day specified in the order.
136C Powers of compliance officers
(1) The powers of a compliance officer may be exercised for the purposes of
investigating an accredited certificate provider's compliance with the
following--
(a) this Part,
(b) the regulations,
(c) the scheme rules,
(d) a condition of the provider's accreditation.
(2) A compliance officer may at a reasonable time enter--
(a) premises that are used in connection with an energy savings activity for
which a certificate has been created, and
(b) the principal place of business of an accredited certificate provider.
(3) A compliance officer may not enter a part of premises used only for residential
purposes without the permission of the occupier of the premises.
(4) A compliance officer may, at premises lawfully entered, do anything that, in
the opinion of the authorised officer, is necessary to be done for the purposes
of the investigation, including the following--
(a) examine and test plant or equipment on the premises,
(b) take photographs, films, audio, video and other recordings,
(c) take copies of records or documents on the premises,
(d) seize anything that the authorised officer believes on reasonable
grounds is connected with an offence under this Part.
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(5) A person must not hinder or obstruct a compliance officer in the exercise of a
power.
Maximum penalty--
(a) in the case of a corporation--200 penalty units, or
(b) for an individual--50 penalty units.
(6) A person is not guilty of an offence under subclause (5) unless it is established
that the authorised officer identified themselves as a compliance officer.
136D Penalty notices
(1) A compliance officer may issue a penalty notice to a person if it appears to the
officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence in this Part, or a regulation under this
Part, that is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this clause.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to any further proceedings for the alleged
offence.
(4) The amount payable under a penalty notice issued under this clause is the
amount prescribed for the alleged offence by the regulations, which must not
exceed the maximum amount of penalty that could be imposed for the offence
by a court.
(5) This clause does not limit the operation of another provision of, or made under,
this or another Act relating to proceedings that may be taken for offences.
[87] Schedule 4A, clause 137(2)
Omit the subclause. Insert instead--
(2) A rule may make provision for a matter by applying, adopting or incorporating
the provisions of an Act or statutory rule or another publication as follows--
(a) with or without modification,
(b) as in force on a particular day or from time to time.
[88] Schedule 4A, clause 139(5)
Insert after clause 139(4)--
(5) A person who, under a scheme rule, is approved by the Scheme Administrator
to undertake a function and who is aggrieved by a decision of the Scheme
Administrator to revoke the person's approval may apply to the Civil and
Administrative Tribunal for an administrative review of the decision under the
Administrative Decisions Review Act 1997.
[89] Schedule 4A, clause 140A
Insert after clause 140--
140A Ancillary offences
(1) This clause applies to a person who, for an offence under this Part or the
regulations under this Part--
(a) causes or permits another person to commit the offence, or
(b) aids, abets, counsels or procures another person to commit the offence,
or
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(c) conspires with another person to commit the offence.
(2) A person to whom this clause applies is guilty of the offence and is liable to
the same penalty applicable to an offence against the other provision.
[90] Schedule 4A, clause 141(3), definition of "protected person"
Insert at the end of the definition, paragraph (c)--
, or
(d) a compliance officer.
[91] Schedule 4A, clause 142(1) and (1A)
Omit clause 142(1). Insert instead--
(1) As soon as practicable after 1 March in each year, the Scheme Regulator must
prepare a report on the extent to which scheme participants have complied, or
failed to comply, with individual certificate targets during the previous year.
(1A) The report must be forwarded to the Minister on or before--
(a) the date prescribed by the regulations, or
(b) if the regulations do not prescribe a date--31 August in the same year.
[92] Schedule 4A, clause 144A
Insert after clause 144--
144A Exchange of information
(1) Despite another provision of this Act, the Scheme Administrator may keep the
following information--
(a) information about offences or alleged offences under this Part,
(b) information collected in the administration of this Act.
(2) The Scheme Administrator may give the information kept under this clause to
the following--
(a) a person or body undertaking functions, similar to those undertaken by
the Scheme Administrator, in another State or Territory or for the
Commonwealth,
(b) a a government sector agency within the meaning of the Government
Sector Employment Act 2013.
[93] Schedule 4A, clause 147
Insert after clause 146--
147 Termination of scheme--regulations
(1) On termination of the scheme under clause 145 or 146, regulations may be
made about the effect of the termination on rights conferred or obligations
imposed under this Part.
(2) Without limiting subclause (1), the regulations may--
(a) prohibit scheme participants from carrying forward a shortfall, or part
of a shortfall, for a year to the following year, and
(b) specify other conditions that must be complied with following the
termination.
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Schedule 1 Amendment of Electricity Supply Act 1995 No 94
[94] Schedule 6 Savings, transitional and other provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering--
Part Provisions consequent on enactment of Energy
Legislation Amendment Act 2021
Energy savings certificates
Schedule 4A, clause 34, as amended by the Energy Legislation Amendment
Act 2021, does not apply to an energy savings certificate created before the
commencement of the amendment.
[95] Dictionary
Omit the definitions of customer and distribution system.
Insert in alphabetical order--
customer includes the following--
(a) a retail customer,
(b) a regulated SAPS customer,
(c) a wholesale customer.
cyber security direction--see section 94BA
cyber security incident means acts, events or circumstances involving, or
likely to involve, 1 or more of the following--
(a) unauthorised access to computer data or a computer program,
(b) unauthorised modification of computer data or a computer program,
(c) unauthorised impairment of electronic communication to or from a
computer,
(d) unauthorised impairment of the availability, reliability, security or
operation of a computer, computer data or a computer program.
distribution system--see section 12A.
regulated SAPS customer means a person to whose premises a distributor
conveys electricity from a regulated stand-alone power system.
regulated stand-alone power system has the same meaning as in the National
Electricity (NSW) Law.
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Schedule 2 Amendment of Energy and Utilities Administration Act 1987 No 103
Schedule 2 Amendment of Energy and Utilities
Administration Act 1987 No 103
[1] Section 23 Definitions
Omit the definition of proclaimed form of energy. Insert in alphabetical order--
AEMO means the Australian Energy Market Operator Limited ACN 072 010
327.
cyber security incident means acts, events or circumstances involving, or
likely to involve, 1 or more of the following--
(a) unauthorised access to computer data or a computer program,
(b) unauthorised modification of computer data or a computer program,
(c) unauthorised impairment of electronic communication to or from a
computer,
(d) unauthorised impairment of the availability, reliability, security or
operation of a computer, computer data or a computer program.
declared form of energy means a form of energy or energy resources specified
in an order under section 24.
form of energy or energy resources means a form of energy or energy
resources other than electricity.
supply includes the following--
(a) distribution, provision, sale, storage and transport of energy or energy
resources,
(b) production or extraction of energy or energy resources.
use of energy includes consumption of energy.
[2] Sections 24-27A
Omit sections 24-27. Insert instead--
24 Declaration of energy supply emergency
(1) The Premier may, by written order, declare an energy supply emergency if
satisfied that--
(a) the supply of a form of energy or energy resources to the State or part
of the State is disrupted to a significant degree, or
(b) the supply of a form of energy or energy resources to the State or part
of the State is at risk of disruption to a significant degree, or
(c) due to a cyber security incident the operations of a person that supplies
a form of energy within the State--
(i) are disrupted to a significant degree, or
(ii) are at risk of disruption to a significant degree.
(2) A declaration under this section has effect from the date specified in the order.
(3) A declaration under this section remains in force--
(a) for the period specified in the order, or
(b) if the order does not specify a period in which the declaration remains
in force--until revoked by the Premier by written order.
(4) As soon as practicable after making or revoking a declaration under this
section, other than a declaration made because of a cyber security incident, the
Premier must arrange for the declaration or revocation to be--
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Schedule 2 Amendment of Energy and Utilities Administration Act 1987 No 103
(a) made publicly available in the way the Premier considers appropriate,
and
(b) published in the Gazette.
25 Direction during energy supply emergency
(1) While a declaration under section 24(1)(a) or (b) is in force, the Minister may
by order give directions the Minister considers reasonably necessary to
respond to the energy supply emergency including directions for the following
matters--
(a) to control, direct, restrict or prohibit the supply or use of a declared form
of energy, whether generally or for a purpose specified in the direction,
(b) to direct a person who supplies a declared form of energy to supply it to
a person specified in the direction,
(c) to direct a person to comply with the terms and conditions determined
by the Minister for the supply of a declared form of energy,
(d) to direct a person to whom a declared form of energy is supplied to
accept the declared form of energy,
(e) other matters the Minister considers necessary to give effect to--
(i) the declaration, or
(ii) a recommendation made by a qualified person under section 28.
(2) A direction may--
(a) operate throughout the whole of the State or in a specified part of the
State, and
(b) operate for a specified period, time or occasion, and
(c) be of general operation or have limited operation according to a time,
place, circumstance, condition or restriction specified in the direction,
and
(d) authorise a specified person to enter land or a building or structure, used
for or in connection with the supply of the declared form of energy, and
(e) authorise a specified person to take possession or control of or use
property, a business or an undertaking used for or in connection with the
supply of the declared form of energy.
(3) A direction may be revoked by the Minister.
(4) A direction or revocation of a direction--
(a) must be published in the Gazette and on publication is taken to have
been served on or brought to the notice of all persons concerned or
affected by it, and
(b) without affecting the application of paragraph (a)--may, if it applies to
a specified person, be given to the person verbally or in writing.
(5) If a direction or the revocation of a direction is given verbally under subsection
(4)(b), written confirmation of the direction or revocation must be given to the
person as soon as practicable.
26 Cyber security directions
(1) While a declaration under section 24(1)(c) is in force, the Minister may, by
written order, give a direction (a cyber security direction) to a person requiring
the person to take the action the Minister considers reasonably necessary to--
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Energy Legislation Amendment Bill 2021 [NSW]
Schedule 2 Amendment of Energy and Utilities Administration Act 1987 No 103
(a) respond to the impact of the incident on the person's information
technology systems, or
(b) prevent the incident having an impact on the person's information
technology systems.
(2) The Minister's written order under subsection (1) must include a copy of the
Premier's declaration of the energy supply emergency under which the cyber
security direction is given.
(3) A cyber security direction--
(a) has effect for the period specified in the direction, and
(b) may be varied or revoked by a subsequent direction under this section.
27 Requirement to provide information
(1) The Minister may, by written notice (an information notice), require a person
to provide information for 1 or more of the following purposes--
(a) to determine whether the supply of a form of energy or energy resources
to the State or any part of the State has been, or is likely to be, disrupted
to a significant degree,
(b) to determine whether there is, or is likely to be, a cyber security incident
affecting the effective supply of a form of energy or energy resources to
the State or any part of the State,
(c) to plan and prepare for the exercise of powers under this Part if the
supply of a form of energy or energy resources is disrupted to a
significant degree,
(d) the administration or execution of this Part.
(2) Without limitation, an information notice given to a person may require the
person to provide the following information to the Minister--
(a) information about a cyber security incident that the Minister reasonably
believes affects the person,
(b) the person's plan to respond to cyber security incidents,
(c) information about the actions the person has taken, or intends to take, in
response to a cyber security incident.
(3) An information notice must specify--
(a) the way the information must be provided, and
(b) the reasonable time in which the information must be provided.
(4) An information notice may be given whether or not a declaration of an energy
supply emergency is in force.
(5) A person must not--
(a) without lawful excuse fail to comply with an information notice given
to the person, or
(b) provide information, in purported compliance with an information
notice, that is false or misleading in a material respect.
Maximum penalty--
(a) for a corporation--2,000 penalty units, or
(b) for an individual--100 penalty units.
(6) In addition to service under section 43A, an information notice may be given
to a person by--
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Energy Legislation Amendment Bill 2021 [NSW]
Schedule 2 Amendment of Energy and Utilities Administration Act 1987 No 103
(a) email, to an email address specified by the person for the giving of
information notices, or
(b) another method authorised by the regulations for the giving of
information notices.
27A Disclosure of information provided to Minister
(1) The Minister must not disclose information provided to the Minister under
section 27 except--
(a) with the consent of the person who provided the information, or
(b) if the Minister is satisfied that the information is not confidential in
nature, or
(c) in connection with the administration or execution of this Act, or
(d) to AEMO, or
(e) to a person prescribed by the regulations for the purposes of this section,
or
(f) in accordance with a requirement under an Act or law.
(2) The Minister may give a direction to a person to whom the Minister has given
information under subsection (1) prohibiting or restricting the person from
disclosing the information if the Minister is satisfied that it is appropriate to
give the direction because of the confidential nature of the information.
(3) A person must comply with a direction given to the person under subsection
(2).
Maximum penalty--
(a) for a corporation--2,000 penalty units, or
(b) for an individual--100 penalty units.
[3] Section 28 Appointment of qualified person to investigate certain industrial matters
Omit "an order is in force under section 26" from section 28(2).
Insert instead "a declaration is in force under section 24".
[4] Section 28(2)(a)-(c)
Omit the paragraphs. Insert instead--
(a) the supply of a declared form of energy,
(b) persons engaged in the supply of a declared form of energy,
(c) the use of a declared form of energy.
[5] Section 28(3)
Omit "order under section 26". Insert instead "declaration under section 24".
[6] Sections 29 and 30
Omit the sections. Insert instead--
29 Disruption of supply
(1) If a person is convicted of failing to comply with a direction given by the
Minister under section 25, the Minister may direct the person to discontinue
the supply of the declared form of energy.
(2) A direction under subsection (1) ceases to have effect--
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Energy Legislation Amendment Bill 2021 [NSW]
Schedule 2 Amendment of Energy and Utilities Administration Act 1987 No 103
(a) on the date determined by the Minister, or
(b) when the relevant direction made by the Minister under section 25
ceases to have effect.
30 Failure to comply with Minister's direction
A person must not fail to comply with a direction given by the Minister under
section 25, 26 or 29.
Maximum penalty--
(a) for a corporation--2,000 penalty units, or
(b) for an individual--100 penalty units.
[7] Section 32 Functions of inspectors
Omit section 32(1). Insert instead--
(1) The functions of an inspector under this section may be exercised only--
(a) if a declaration of an energy supply emergency is in force under section
24, and
(b) for the form of energy specified in the declaration.
[8] Section 33 Obstruction etc of inspectors
Omit the penalty provision from section 33(1). Insert instead--
Maximum penalty--
(a) for a corporation--200 penalty units, or
(b) for an individual--50 penalty units.
[9] Section 34H Payments out of Climate Change Fund
Omit "hydrogen energy" wherever occurring in section 34H(1)(d1)(i) and (ii).
Insert instead "hydrogen".
[10] Section 34N
Insert after section 34M--
34N Exemptions for electricity used by green hydrogen producers
(1) A licensed distributor to which a contributions order applies must not recover
charges from a person who buys electricity exempted under this section for the
purpose of paying the annual contributions under a contributions order.
(2) The Minister may, by order published in the Gazette, grant an exemption for
electricity--
(a) used by a specified person or class of persons, or
(b) used in connection with a specified activity or class of activities.
(3) The Minister may grant an exemption for electricity only if satisfied that the
electricity is used to produce green hydrogen.
(4) An exemption must specify whether it is a full or partial exemption.
(5) If an exemption is a partial exemption, the order granting the exemption must
specify, as a percentage or otherwise, the proportion of the electricity used by
the person or class of persons, or in connection with the activity or class of
activities, that is exempt.
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Energy Legislation Amendment Bill 2021 [NSW]
Schedule 2 Amendment of Energy and Utilities Administration Act 1987 No 103
(6) The regulations may provide for--
(a) the making of an application for an exemption, including the matters
required to be addressed or included in an application, and
(b) the matters the Minister must consider in determining whether to grant
an exemption.
(7) The regulations may make further provision in relation to whether electricity
is taken to be used to produce green hydrogen.
(8) Subject to the regulations, the Minister may determine the basis on which
electricity is taken to be used to produce green hydrogen for the purposes of
this section.
(9) In this section--
green hydrogen means hydrogen produced using renewable energy.
Page 34
Energy Legislation Amendment Bill 2021 [NSW]
Schedule 3 Amendment of Forestry Act 2012 No 96
Schedule 3 Amendment of Forestry Act 2012 No 96
[1] Section 3 Definitions
Insert in alphabetical order in section 3(1)--
renewable energy infrastructure means infrastructure for the generation and
storage of energy from renewable sources, and includes associated
transmission and distribution infrastructure.
[2] Section 59 Objectives of land manager of forestry area
Insert after section 59(1)--
(1A) If the Corporation is the land manager of a forestry area used for forestry
operations with trees of exotic coniferous species, the Corporation may
facilitate the construction and operation of renewable energy infrastructure in
the forestry area.
(1B) An action by the Corporation under subsection (1A) must--
(a) be consistent with the obligations of the Corporation under a sustainable
forest management certification scheme, including the following--
(i) restrictions on converting forested land to non-forest uses,
(ii) requirements to support local communities and timber processors
with sustainable yield of forest products in the short, medium,
and long term, and
(b) not result in premature harvesting of timber that causes the Corporation
to fail to meet a supply commitment to a local timber processor under a
timber supply agreement, and
(c) not result in more than 0.7% of forestry areas currently used for forestry
operations with trees of exotic coniferous species being used for the
construction and operation of renewable energy infrastructure, and
(d) not result in a net loss of timber available for forestry operations, and
(e) result in a net gain of land available for forestry operations.
(1C) The Corporation must ensure that any land used for forestry operations in
substitution for land used for the construction and operation of renewable
energy infrastructure--
(a) is a similar distance from local timber processors as the land for which
it is substituted, and
(b) has an area at least twice as large as the area used for the construction
and operation of renewable energy infrastructure, and
(c) is of the same or greater productive capacity, and
(d) has the same or greater average annual rainfall.
(1D) The Corporation will remain a State owned corporation that must act in
accordance with the objectives of the Act.
[3] Section 60 Forest permits for non-forestry uses
Omit section 60(1). Insert instead--
(1) The land manager of a forestry area may, on payment of the fee determined by
the land manager, issue a forest permit authorising the holder of the permit to
use the area for--
(a) the purposes specified in the permit, including recreational, sporting or
commercial activities, and
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Energy Legislation Amendment Bill 2021 [NSW]
Schedule 3 Amendment of Forestry Act 2012 No 96
(b) if the area is used for forestry operations with trees of exotic coniferous
species--the construction and operation of renewable energy
infrastructure.
(1A) The land manager of a forestry area must not issue a permit under subsection
(1)(b) unless the land manager is satisfied that issuing the permit--
(a) is consistent with the obligations of the land manager under a
sustainable forest management certification scheme, including the
following--
(i) restrictions on converting forested land to non-forest uses,
(ii) requirements to support local communities and timber processors
with sustainable yield of forest products in the short, medium,
and long term, and
(b) will not result in premature harvesting of timber that causes the
Corporation to fail to meet a supply commitment to a local timber
processor under a timber supply agreement, and
(c) will not result in more than 0.7% of forestry areas currently used for
forestry operations with trees of exotic coniferous species being used
for the construction and operation of renewable energy infrastructure,
and
(d) will not result in a net loss of timber available for forestry operations,
and
(e) will result in a net gain of land available for forestry operations, and
(1B) The land manager of a forestry area must not issue a permit under subsection
(1)(b) unless land used for forestry operations in substitution for the land
subject to the permit--
(a) is a similar distance from local timber processors as the land for which
it is substituted, and
(b) has an area at least twice as large as the area used for the construction
and operation of renewable energy infrastructure, and
(c) is of the same or greater productive capacity, and
(d) has the same or greater average annual rainfall.
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Energy Legislation Amendment Bill 2021 [NSW]
Schedule 4 Amendment of Gas Supply Act 1996 No 38
Schedule 4 Amendment of Gas Supply Act 1996 No 38
[1] Section 5 Prohibition of unauthorised gas reticulation
Omit the penalty provision from section 5(1).
Insert instead--
Maximum penalty--5,000 penalty units.
[2] Section 9 Determination of applications
Omit section 9(1). Insert instead--
(1) The Minister may determine an application for an authorisation by--
(a) granting the application, or
(b) granting the application with the modifications the Minister considers
appropriate, or
(c) refusing the application.
(1A) The Minister may determine an application for the transfer of an authorisation
by--
(a) granting the application, or
(b) refusing the application.
(1B) When granting an application under subsection (1), with or without
modifications, or subsection (1A), the Minister may impose conditions under
section 11(1)(b).
[3] Section 13
Omit the section. Insert instead--
13 Enforcement of authorisations by the Minister
(1) If the Minister is satisfied that the holder of an authorisation has knowingly
contravened a requirement of this Act, the regulations or the conditions of the
authorisation, the Minister may do 1 or more of the following--
(a) impose a monetary penalty not exceeding $250,000 on the holder of the
authorisation,
(b) if the holder of the authorisation is a corporation, impose a monetary
penalty not exceeding $50,000 on a person who is a director of or
concerned in the management of the corporation, but only if the
Minister is satisfied that the person knowingly authorised or permitted
the contravention,
(c) cancel the authorisation.
(2) Nothing in this section prevents an authorisation from being cancelled at the
request of the authorisation holder.
[4] Section 13A Enforcement of authorisations by Tribunal
Omit "$10,000" from section 13A(6). Insert instead "$20,000".
[5] Section 15
Omit the section. Insert instead--
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Energy Legislation Amendment Bill 2021 [NSW]
Schedule 4 Amendment of Gas Supply Act 1996 No 38
15 Annual authorisation fees
(1) It is a condition of an authorisation that the holder of the authorisation must
pay an annual authorisation fee determined by the Minister.
(2) The annual authorisation fee must be paid by the holder of the authorisation by
the date and in the way specified by the Minister by written notice to the
holder.
[6] Section 34 Prohibition of unlicensed distribution of LPG and other gases
Omit the penalty provision. Insert instead--
Maximum penalty--5,000 penalty units.
[7] Section 38 Determination of applications
Omit section 38(1). Insert instead--
(1) The Minister may determine an application for a licence by--
(a) granting the application, or
(b) granting the application with the modifications the Minister considers
appropriate, or
(c) refusing the application.
(1A) The Minister may determine an application for the transfer of a licence by--
(a) granting the application, or
(b) refusing the application.
(1B) When granting an application under subsection (1), with or without
modifications, or subsection (1A), the Minister may impose conditions under
section 40(1)(b).
[8] Section 42
Omit the section. Insert instead--
42 Enforcement of licences by the Minister
(1) If the Minister is satisfied that the holder of a licence has knowingly
contravened a requirement of this Act, the regulations or the conditions of the
licence, the Minister may do 1 or more of the following--
(a) impose a monetary penalty not exceeding $250,000 on the holder of the
licence,
(b) if the licence holder is a corporation--impose a monetary penalty not
exceeding $50,000 on a person who is a director of or concerned in the
management of the corporation, but only if the Minister is satisfied that
the person knowingly authorised or permitted the contravention,
(c) cancel the licence.
(2) Nothing in this section prevents a licence from being cancelled at the request
of the licence holder.
[9] Section 42A Enforcement of licences by Tribunal
Omit "$10,000" from section 42A(6). Insert instead "$20,000".
[10] Section 44
Omit the section. Insert instead--
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Energy Legislation Amendment Bill 2021 [NSW]
Schedule 4 Amendment of Gas Supply Act 1996 No 38
44 Annual licence fees
(1) It is a condition of a licence that the holder of the licence must pay an annual
licence fee determined by the Minister.
(2) The annual licence fee must be paid by the holder of the licence by the date
and in the way specified by the Minister by written notice to the holder.
[11] Sections 50-50AB
Omit section 50. Insert instead--
50 Obstruction of gas works
(1) This section applies if a network operator has reasonable cause to believe
that--
(a) a structure or thing situated in, on or near the operator's gas works is
destroying, damaging or interfering with the gas works, or
(b) there is a material risk that a structure or thing situated in, on or near the
operator's gas works could destroy, cause damage to, or interfere with
the gas works.
(2) The network operator may--
(a) give written notice to the person having control of the structure or thing
requiring the person to modify or remove the structure or thing, or
(b) in an emergency--
(i) modify or remove the structure or thing itself, or
(ii) move the gas works away from the structure or thing.
(3) A notice under subsection (2)(a)--
(a) must specify--
(i) the work to be carried out, and
(ii) a reasonable time within which the work must be carried out, and
(b) may allow the person to elect to have the network operator move the gas
works away from the structure or thing.
(4) If a person given a notice under subsection (2)(a) fails to carry out the work in
accordance with the notice, the network operator may carry out the work.
(5) A network operator may apply for an injunction to prevent a structure or thing
being placed in, on or near the operator's gas works.
50AA Responsibility to pay for removing obstruction of gas works
(1) Work undertaken by the person having control of the structure or thing in
accordance with a notice given under section 50(2)(a) must be carried out at
the expense of the person.
(2) If the network operator carries out work under section 50(4) or following an
election under section 50(3)(b), the cost of carrying out the work and repairing
any damage caused to the operator's gas works by the structure or thing may
be recovered by the operator in a court of competent jurisdiction as a debt
owing to the operator by the person in control of the structure or thing.
(3) Despite subsection (2), a network operator may not recover costs associated
with work carried out under section 50--
(a) if the structure or thing was--
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Energy Legislation Amendment Bill 2021 [NSW]
Schedule 4 Amendment of Gas Supply Act 1996 No 38
(i) lawfully placed or constructed before the installation of the gas
works, or
(ii) placed or constructed with the consent of the network operator, or
(b) if the work was undertaken due to a material risk that a structure or thing
situated in, on or near the operator's gas works could destroy, cause
damage to, or interfere with those works, and the structure or thing was
lawfully placed or constructed--
(a) after the installation of the gas works, and
(b) before the commencement of section 50(1)(b) as inserted by the
Energy Legislation Amendment Act 2021.
50AB Responsibility to pay for repairs to gas works
(1) A person issued with a notice under section 50(2)(a) must pay the reasonable
costs incurred by the network operator to repair damage to the gas works
caused by--
(a) the structure or thing, and
(b) the removal or modification of the structure or thing.
(2) If a network operator takes action under section 50(2)(b) to modify or remove
a structure or thing, the person having control of the structure or thing must
pay the reasonable costs incurred by the network operator to repair damage to
the gas works caused by the structure or thing.
(3) Despite subsections (1) and (2), a network operator may not recover the cost
of repairing damage to the operator's gas works--
(a) if the structure or thing was--
(i) lawfully placed or constructed before the installation of the gas
works, or
(ii) placed or constructed with the consent of the network operator, or
(b) if the work is undertaken due to a material risk that a structure or thing
situated in, on or near the operator's gas works could destroy, cause
damage to, or interfere with those works, and the structure or thing was
lawfully placed or constructed--
(a) after the installation of the gas works, and
(b) before the commencement of section 50(1)(b) as inserted by the
Energy Legislation Amendment Act 2021.
(4) The costs payable under this section may be recovered by the operator in a
court of competent jurisdiction as a debt owing to the operator by the person
in control of the structure or thing.
[12] Sections 65, 67, 68, 69, 70 and 71
Omit the penalty provision wherever occurring.
Insert instead--
Maximum penalty--
(a) for a corporation--2,000 penalty units, or
(b) for an individual--100 penalty units.
[13] Section 72 Obstruction of inspectors
Omit the penalty provision.
Insert instead--
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Energy Legislation Amendment Bill 2021 [NSW]
Schedule 4 Amendment of Gas Supply Act 1996 No 38
Maximum penalty--
(a) for a corporation--500 penalty units, or
(b) for an individual--50 penalty units.
[14] Section 72A
Insert after section 72--
72A Cyber security requirements
(1) The regulations may make provision for the following--
(a) the adoption and implementation by a network operator of policies and
procedures for managing cyber security risks and responding to cyber
security incidents,
(b) the external review and accreditation of a network operator's policies
and procedures for managing cyber security risks and responding to
cyber security incidents.
(2) Without limiting subsection (1), the regulations may require a network
operator's policies and procedures to address the following matters--
(a) notifying the Secretary of cyber security incidents,
(b) the process for auditing the network operator's implementation and
compliance with the policies and procedures, including reporting the
audit result to the Secretary.
[15] Section 76A
Insert after section 76--
76A Cyber security directions
(1) The Minister may, by written order, give a direction (a cyber security
direction) to a network operator requiring the operator to take the action the
Minister considers reasonably necessary to--
(a) respond to the impact of a cyber security incident on the operator's
information technology systems, or
(b) prevent a cyber security incident having an impact on the operator's
information technology systems.
(2) A copy of the Minister's written order under subsection (1) must be given to
each network operator to whom the direction applies.
(3) A cyber security direction--
(a) operates for the period specified in the direction, and
(b) may be varied or revoked by a subsequent direction under this section.
(4) A person given a cyber security direction must comply with the direction.
Maximum penalty--
(a) in the case of a corporation--2,000 penalty units, or
(b) for an individual--100 penalty units.
[16] Section 83 Regulations
Omit section 83(6). Insert instead--
(6) A regulation may create an offence punishable by a penalty not exceeding--
(a) for a corporation--10,000 penalty units, or
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Energy Legislation Amendment Bill 2021 [NSW]
Schedule 4 Amendment of Gas Supply Act 1996 No 38
(b) for an individual--5,000 penalty units.
[17] Schedule 2 Savings, transitional and other provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering--
Part Provisions consequent on enactment of Energy
Legislation Amendment Act 2021
Definition
In this Part--
amending Act means the Energy Legislation Amendment Act 2021.
Applications for authorisation or transfer of authorisation
Section 9, as amended by the amending Act, applies to an application for an
authorisation or transfer of an authorisation made, but not finally determined,
before the commencement of the amendment.
Applications for licence or transfer of licence
Section 38, as amended by the amending Act, applies to an application for a
licence or transfer of a licence made, but not finally determined, before the
commencement of the amendment.
[18] Dictionary
Omit the definition of natural gas.
Insert in alphabetical order--
cyber security incident means acts, events or circumstances involving, or
likely to involve, 1 or more of the following--
(a) unauthorised access to computer data or a computer program,
(b) unauthorised modification of computer data or a computer program,
(c) unauthorised impairment of electronic communication to or from a
computer,
(d) unauthorised impairment of the availability, reliability, security or
operation of a computer, computer data or a computer program.
natural gas means a substance prescribed by the regulations for the purposes
of this definition.
Page 42
Energy Legislation Amendment Bill 2021 [NSW]
Schedule 5 Amendment of Pipelines Act 1967 No 90
Schedule 5 Amendment of Pipelines Act 1967 No 90
[1] Section 3 Definitions
Insert in alphabetical order in section 3(1)--
cyber security incident means acts, events or circumstances involving, or
likely to involve, 1 or more of the following--
(a) unauthorised access to computer data or a computer program,
(b) unauthorised modification of computer data or a computer program,
(c) unauthorised impairment of electronic communication to or from a
computer,
(d) unauthorised impairment of the availability, reliability, security or
operation of a computer, computer data or a computer program.
[2] Section 5A Minister may require certain pipelines to be licensed
Omit section 5A(3). Insert instead--
(3) An order under subsection (2) takes effect on--
(i) the date specified in the order, or
(ii) if the order does not specify a date--the date the order is published in
the Gazette.
[3] Sections 5B(3), 48(2) and 49(2)
Omit the penalty provision wherever occurring.
Insert instead--
Maximum penalty--
(a) for a corporation--2,000 penalty units, or
(b) for an individual--400 penalty units.
[4] Sections 11, 26 and 27
Omit the penalty provision wherever occurring.
Insert instead--
Maximum penalty--
(a) for a corporation--2,000 penalty units, or
(b) for an individual--400 penalty units.
[5] Section 15 Conditions of licence
Omit section 15(1). Insert instead--
(1) A licence is subject to the following conditions--
(a) the conditions imposed by this Act and the regulations,
(b) conditions, not inconsistent with conditions imposed under paragraph
(a), imposed on the licence by the Minister.
[6] Sections 16-16B
Insert after section 15--
16 Cyber security requirements
(1) The regulations may make provision for the following--
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Energy Legislation Amendment Bill 2021 [NSW]
Schedule 5 Amendment of Pipelines Act 1967 No 90
(a) the adoption and implementation by a licensee of policies and
procedures for managing cyber security risks and responding to cyber
security incidents,
(b) the external review and accreditation of a licensee's policies and
procedures for managing cyber security risks and responding to cyber
security incidents.
(2) Without limiting subsection (1), the regulations may require a licensee's
policies and procedures to address the following matters--
(a) notifying the Secretary of cyber security incidents,
(b) the process for auditing the licensee's implementation and compliance
with the policies and procedures, including reporting the audit result to
the Secretary.
16A Cyber security directions
(1) The Minister may, by written order, give a direction (a cyber security
direction) to a licensee requiring the licensee to take action the Minister
considers reasonably necessary to--
(a) respond to the impact of a cyber security incident on the licensee's
information technology systems, or
(b) prevent a cyber security incident having an impact on the licensee's
information technology systems.
(2) A cyber security direction--
(a) has effect for the period specified in the direction, and
(b) may be varied or revoked by a subsequent direction under this section.
(3) A person given a cyber security direction must comply with the direction.
Maximum penalty--
(a) for a corporation--2,000 penalty units, or
(b) for an individual--100 penalty units.
16B Licence conditions--cyber security
It is a condition of a licence that the licensee must--
(a) adopt and implement policies and procedures that comply with the
regulations made under section 16, and
(b) comply with a cyber security direction given under section 16A.
[7] Section 20 Plan to be lodged with Registrar-General
Omit "and in the instrument specify the charges and expenses incurred by the
Registrar-General in relation to the registration of the plan and the recording of the
instruments" from section 20(2)(b).
[8] Section 21A Extinguishment of easements etc after variation of licence area
Omit "10 penalty units" from the penalty provision in section 21A(3).
Insert instead "20 penalty units".
[9] Section 23 Directions as to the conveyance of substances
Omit the penalty provision from section 23(6). Insert instead--
Maximum penalty--
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Energy Legislation Amendment Bill 2021 [NSW]
Schedule 5 Amendment of Pipelines Act 1967 No 90
(a) for a corporation--1,000 penalty units, or
(b) for an individual--200 penalty units.
[10] Section 24 Ceasing to operate pipeline
Omit the penalty provision from section 24(1). Insert instead--
Maximum penalty--
(a) for a corporation--1,000 penalty units, or
(b) for an individual--200 penalty units.
[11] Sections 28(3) and 35(4)
Omit "40 penalty units" wherever occurring. Insert instead "$250,000".
[12] Section 31B Evidence at inquiry
Omit the penalty provision wherever occurring in section 31B(3) and (4). Insert instead--
Maximum penalty--
(a) for a corporation--2,000 penalty units, or
(b) for an individual--400 penalty units.
[13] Section 37 Licence fees
Omit section 37(1). Insert instead--
(1) It is a condition of a licence that the licensee must pay an annual licence fee
determined by the Minister.
[14] Section 46 True consideration to be shown
Omit the penalty provision. Insert instead--
Maximum penalty--
(a) for a corporation--2,000 penalty units, or
(b) for an individual--400 penalty units.
[15] Section 59 Inspectors
Omit "2 penalty units" from section 59(3). Insert instead "10 penalty units".
[16] Section 60A Stop notices
Omit the penalty provision. Insert instead--
Maximum penalty--
(a) for a corporation--150 penalty units, or
(b) for an individual--30 penalty units.
[17] Section 68 Prosecution of offences
Omit section 68(1) and (2). Insert instead--
(1) This section applies to the following offences under this Act--
(a) an offence punishable by a maximum fine of--
(i) for a corporation--more than 100 penalty units, or
(ii) for an individual--more than 50 penalty units,
(b) an offence punishable by a fine for each day on which the offence
continues.
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Energy Legislation Amendment Bill 2021 [NSW]
Schedule 5 Amendment of Pipelines Act 1967 No 90
(2) The maximum fine the Local Court may impose for an offence to which this
section applies is--
(a) for a corporation--100 penalty units, or
(b) for an individual--50 penalty units.
[18] Section 69 Regulations
Omit section 69(2). Insert instead--
(2) The regulations may create an offence punishable by a penalty not
exceeding--
(a) for a corporation--10,000 penalty units or 10,000 penalty units for each
day on which the offence occurs, or
(b) for an individual--5,000 penalty units or 5,000 penalty units for each
day on which the offence occurs.
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