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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Energy Legislation Amendment (Clean
Energy Future) Bill 2024
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Electricity Infrastructure Investment Act 2020 No 44 3
Schedule 2 Amendment of Electricity Supply Act 1995 No 94 4
Schedule 3 Amendment of Pipelines Act 1967 No 90 6
Schedule 4 Amendment of Energy and Utilities Administration Act 1987 No
103, as amended by Energy Legislation Amendment Act 2023 No
49 13
Schedule 5 Amendments relating to financial benefits to landowners for
transmission infrastructure 16
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, , 2024
New South Wales
Energy Legislation Amendment (Clean
Energy Future) Bill 2024
Act No , 2024
An Act to make miscellaneous amendments to various Acts relating to energy and associated
matters.
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 (Clean Energy Future) Bill 2024 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Energy Legislation Amendment (Clean Energy Future) Act 2024.
2 Commencement
This Act commences, or is taken to have commenced, as follows--
(a) for Schedules 1, 2 and 3[1], [3]-[9], [11], [12], [19], [22], [23], [28]-[31] and
[33]-[35]--on the date of assent to this Act,
(b) for Schedule 4--on the commencement of the Energy Legislation Amendment
Act 2023, Schedule 2,
(c) otherwise--on a day or days to be appointed by proclamation.
Page 2
Energy Legislation Amendment (Clean Energy Future) Bill 2024 [NSW]
Schedule 1 Amendment of Electricity Infrastructure Investment Act 2020 No 44
Schedule 1 Amendment of Electricity Infrastructure
Investment Act 2020 No 44
[1] Section 34 Directions for priority transmission infrastructure projects
Omit section 34(3)(a). Insert instead--
(a) it is an appropriate response to--
(i) a target breach identified in an energy security target monitor
report, or
(ii) a forecast system shortfall in system security services identified
in the most recent integrated system plan published by AEMO
under the National Electricity Rules, and
[2] Dictionary
Omit the definition of priority transmission infrastructure project, paragraph (b).
Insert instead--
(b) is identified in or forms part of an infrastructure project identified in--
(i) the most recent integrated system plan published by AEMO
under the National Electricity Rules, or
(ii) a project assessment draft report or project specification
consultation report prepared under the National Electricity Rules.
[3] Dictionary
Insert in alphabetical order--
system security services means the following as referred to in the National
Electricity Rules--
(a) system strength services,
(b) inertia network services,
(c) network support and control ancillary services.
Page 3
Energy Legislation Amendment (Clean Energy Future) Bill 2024 [NSW]
Schedule 2 Amendment of Electricity Supply Act 1995 No 94
Schedule 2 Amendment of Electricity Supply Act 1995 No 94
[1] Section 93B
Insert after section 93A--
93B Operating a REZ network infrastructure project transmission system
(1) A person must not operate a transmission system that is the subject of a
network operator's authority under the Electricity Infrastructure Investment
Act 2020, section 31(1)(b) without a transmission operator's licence granted
under section 93A(2).
Maximum penalty--5,000 penalty units.
(2) To avoid doubt--
(a) the Minister may grant transmission operator's licences for this section,
and
(b) Schedule 2 applies to the granting, variation, transfer and cancellation
of transmission operator's licences, and
(c) the Minister may grant a transmission operator's licence under section
93A(2) for this section on an application made before the
commencement of this section.
[2] Section 192 Recovery of distribution and transmission charges from green hydrogen
producers
Omit section 192(1). Insert instead--
(1) The regulations may provide for a scheme that limits the recovery by a
network service provider of charges from a person who uses or intends to use
electricity to produce green hydrogen.
[3] Section 192(4)
Omit section 192(4). Insert instead--
(4) Without limiting subsections (1)-(3), the regulations may deal with the
following--
(a) specifying whether electricity is taken to be used to produce green
hydrogen,
(b) providing that the Minister may require persons to give information to
the Minister about--
(i) a network service provider's pricing methodology or tariff
structure for the sale of electricity to another person to produce
green hydrogen, or
(ii) the production of green hydrogen, or
(iii) other information that the Minister may reasonably require to
assist in exercising the Minister's functions under this section,
including for the purposes of determining whether a person is or
continues to be subject to the scheme,
(c) limiting the operation of subsection (1) to either or both of the
following--
(i) persons approved by the Minister,
(ii) persons who own facilities, or parts of facilities, approved by the
Minister,
Page 4
Energy Legislation Amendment (Clean Energy Future) Bill 2024 [NSW]
Schedule 2 Amendment of Electricity Supply Act 1995 No 94
(d) prescribing eligibility criteria for applicants, and application
requirements, for the Minister's approval,
(e) matters relating to the granting and revocation of approvals.
[4] Schedule 4A Energy security safeguard schemes
Omit "means a customer that has classified any of its electricity loads as a market load and
that is registered with the Market Operator as a market customer under" from clause 4(2),
definition of market customer.
Insert instead "has the same meaning as in".
[5] Schedule 4A, clause 10(2B)
Insert after clause 10(2A)--
(2B) Despite subclauses (1)-(2A), the regulations may provide that a purchase or
supply of electricity is not a liable acquisition for this part.
[6] Schedule 4A, clause 90(3A)
Insert after clause 90(3)--
(3A) Despite subclauses (1)-(3), the regulations may provide that a purchase or
supply of electricity is not a liable acquisition for this part.
Page 5
Energy Legislation Amendment (Clean Energy Future) Bill 2024 [NSW]
Schedule 3 Amendment of Pipelines Act 1967 No 90
Schedule 3 Amendment of Pipelines Act 1967 No 90
[1] Section 3 Definitions
Omit section 3(1), definition of Department. Insert instead--
Department means the department in which this Act is administered.
[2] Section 5B Information concerning unlicensed pipelines
Omit the section.
[3] Section 5E Applications for authorities to survey
Insert at the end of section 5E(2)(g)--
, and
(h) must comply with other application requirements, if any, specified by
the regulations.
[4] Section 11 Construction and operation of pipelines
Omit section 11(3). Insert instead--
(3) It is not an offence against this section if a person carries out an act--
(a) in an emergency and the following apply--
(i) it is an emergency in which there is a likelihood of loss or injury,
(ii) the act is carried out to avoid the loss or injury,
(iii) the person notifies the Secretary of the act as soon as practicable,
or
(b) for the purpose of maintaining a pipeline in good order or repair and
notifies the Secretary of the act as soon as practicable, or
(c) in compliance with a direction under this Act or the regulations.
[5] Section 13 Manner of making applications for licences
Insert after section 13(1)(ga)--
(gb) must be accompanied by other information or documents prescribed by
the regulations,
[6] Section 13A Amendment of application for licence by inclusion or exclusion of lands
Insert "and" after "Minister," in section 13A(3)(a).
[7] Section 13A(3)(b)
Insert "and" after "variation,".
[8] Section 13A(3)(d)
Omit "fee (if any).". Insert instead "fee, if any, and".
[9] Section 13A(3)(e)
Insert after section 13A(3)(d)--
(e) be accompanied by other information or documents prescribed by the
regulations.
[10] Section 13A(4)(a), (b), (c) and (d)
Insert "and" at the end of the paragraphs.
Page 6
Energy Legislation Amendment (Clean Energy Future) Bill 2024 [NSW]
Schedule 3 Amendment of Pipelines Act 1967 No 90
[11] Section 13A(4)(db)
Insert after section 13A(4)(da)--
(db) must be accompanied by other information or documents prescribed by
the regulations, and
[12] Section 16A Cyber security directions
Omit the section.
[13] Section 18 Variation of licence area
Insert "and" at the end of section 18(4)(a), (b), (c) and (d).
[14] Section 18(4)(db)
Insert after section 18(4)(da)--
(db) must be accompanied by other information or documents prescribed by
the regulations, and
[15] Section 21A Extinguishment of easements etc after variation of licence area
Omit section 21A(3).
[16] Section 23 Directions as to the conveyance of substances
Omit the section.
[17] Section 24 Ceasing to operate pipeline
Omit the section.
[18] Section 26 Waste or escape of substances from pipelines
Omit the section.
[19] Section 27 Marking of route of pipeline and maintenance etc of property
Omit the section.
[20] Section 28 Directions
Omit the section.
[21] Section 31A Inquiries into matters relating to pipelines
Insert after section 31A(3)--
(4) The regulations may deal with the powers and functions of a body or person
conducting an inquiry or examination, including the following--
(a) the power to require attendance to give evidence, including on oath,
(b) the power to require production of information and documents,
(c) giving false or misleading evidence, information or documents,
(d) a failure to comply with a requirement under this subsection.
[22] Section 31B Evidence at inquiry
Omit the section.
[23] Section 35 Removal of property etc by licensee
Omit the section.
Page 7
Energy Legislation Amendment (Clean Energy Future) Bill 2024 [NSW]
Schedule 3 Amendment of Pipelines Act 1967 No 90
[24] Section 37 Licence fees
Omit "determined by the Minister" from section 37(1).
Insert instead "determined in accordance with the regulations".
[25] Section 37(3)
Insert after section 37(2)--
(3) If a licensee has failed to pay a fee referred to in subsection (1) by the due time,
the licensee is liable to pay an additional amount calculated in accordance with
the regulations.
[26] Section 38 Penalty for late payment
Omit the section.
[27] Section 46 True consideration to be shown
Omit the section.
[28] Section 48 Power of Minister to require information as to proposed dealings
Omit the section.
[29] Section 49 Production and inspection of books, records and documents
Omit the section.
[30] Section 58A, heading
Insert "and Secretary" after "Minister".
[31] Section 58A(1)-(1B)
Omit section 58A(1). Insert instead--
(1) The Minister may give a direction to a public authority having functions under
this Act to exercise those functions at or within the time specified in the
direction.
(1A) The Minister or Secretary may give a direction to a person, including a
licensee, to do a thing or carry out an activity at or within the times specified
in the direction.
(1B) A direction under this section must only be given in relation to a pipeline,
including in relation to the following--
(a) the preparation, amendment and implementation of pipeline
management plans, pipeline decommissioning plans and pipeline
abandonment plans,
(b) cyber security incidents,
(c) the conveyance of substances in pipelines,
(d) functions imposed or conferred on persons and bodies under this Act,
(e) the provision of information about a pipeline, including about a matter
referred to in this subsection.
[32] Section 58A(2)
Insert "or (1A)" after "(1)".
Page 8
Energy Legislation Amendment (Clean Energy Future) Bill 2024 [NSW]
Schedule 3 Amendment of Pipelines Act 1967 No 90
[33] Section 58A(4)
Insert after section 58A(3)--
(4) The regulations may deal with matters relating to directions under this section,
including the following--
(a) requirements or prerequisites before a direction may be given,
(b) the way a direction must be given,
(c) the content of a direction,
(d) making failure to comply with a direction an offence.
[34] Section 65
Omit the section. Insert instead--
65 Continuing offences
(1) This section applies to a provision of this Act or the regulations requiring a
person to do, or stop doing, something (a continuing requirement provision),
regardless of whether--
(a) the requirement is imposed by a direction or notice or in another way, or
(b) the person is required to do or stop doing something within a specified
period.
(2) A person who is guilty of an offence because the person contravenes a
continuing requirement provision--
(a) continues, until the requirement is complied with and despite the fact a
specified period has expired or time has passed, to be liable to comply
with the requirement, and
(b) is guilty of a continuing offence for each day the contravention
continues.
(3) This section does not apply to an offence if the relevant provision of this Act
or the regulations does not provide a penalty for a continuing offence.
(4) This section does not apply to the extent that a requirement imposed on a
person is revoked.
[35] Section 68 Prosecution of offences
Insert "or the regulations" after "this Act" in section 68(1).
[36] Section 69
Omit the section. Insert instead--
69 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or
with respect to a matter that by this Act is required or permitted to be
prescribed or that is necessary or convenient to be prescribed for carrying out
or giving effect to this Act.
(2) In particular, the regulations may make provision about the matters set out in
Schedule 2.
(3) The regulations may apply, adopt or incorporate, wholly or in part and with or
without modification, a publication in force at a particular time or from time
to time.
Page 9
Energy Legislation Amendment (Clean Energy Future) Bill 2024 [NSW]
Schedule 3 Amendment of Pipelines Act 1967 No 90
(4) The regulations may create an offence punishable by a penalty not
exceeding--
(a) for an individual--5,000 penalty units or 5,000 penalty units for each
day on which the offence occurs, or
(b) otherwise--10,000 penalty units or 10,000 penalty units for each day on
which the offence occurs.
[37] Schedule 2
Insert after Schedule 1--
Schedule 2 Regulation-making powers
section 69(2)
1 Construction, maintenance and operation
Pipelines subject to this Act, including the following--
(a) construction, maintenance and operation of a pipeline,
(b) the alteration or reconstruction of a pipeline,
(c) pipeline management planning,
(d) pipeline management systems within the meaning of the relevant
Australian Standard published by Standards Australia,
(e) pipeline decommissioning planning,
(f) cessation of operation of pipelines, including pipeline abandonment
planning and circumstances under which pipelines must cease to be
operated.
2 Licences
Licences, including the surrender and cancellation of licences and actions to
be taken by former licensees after the surrender and cancellation of licences.
3 Inspections
The inspection of pipelines.
4 Registers
The keeping of registers under this Act.
5 Escape and ignition of substances
The escape or ignition of substances from a pipeline.
6 Damage to pipelines or land
The prevention of damage to pipelines or land used for the construction or
operation of pipelines.
7 Pipeline land
Land used for the construction or operation of a pipeline, including the
prevention of the occupation of land used for the construction or operation of
pipelines.
8 Surveys
The carrying out of surveys for this Act.
Page 10
Energy Legislation Amendment (Clean Energy Future) Bill 2024 [NSW]
Schedule 3 Amendment of Pipelines Act 1967 No 90
9 Notifications and reports
Notifications and reports for this Act, including the following--
(a) annual reports by licensees,
(b) particulars to be included in a notification or report,
(c) notifications required to be made by licensees about the following under
section 21A--
(i) easements over land under the Real Property Act 1900 being
extinguished,
(ii) restrictions as to user in respect of that type of land ceasing to
have effect.
10 Provision of information and documents
Requiring persons to give information and documents to the Minister or the
Secretary, including requirements on or relating to the following--
(a) a person who operates a pipeline of a kind referred to in section
5(1)(a)-(h),
(b) a person lodging an instrument for approval under Part 4,
(c) an instrument lodged with the Minister for approval under Part 4 or a
transaction to which an instrument of that kind relates.
11 Cyber security directions
Providing that the Minister may direct a licensee to take action 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.
12 Directions about use of pipelines
Providing that the Minister may direct a licensee to use the licensee's pipeline
to convey a specified substance.
13 Removal of property and making good land
Providing that the Minister may direct a licensee or former licensee to do the
following--
(a) remove property brought onto land in connection with a pipeline,
(b) make good land damaged in connection with a pipeline.
14 Inspectors
Inspectors, including the following--
(a) the power of an inspector to order a person to cease carrying out an
activity if the inspector believes, on reasonable grounds, the activity is
damaging or is likely to damage a pipeline or its apparatus or works,
(b) consequences of failing to comply with an order,
(c) appeals to the Land and Environment Court against inspectors' orders.
15 Transfers and other instruments creating interests
(1) Matters relating to the following--
(a) a transfer of a licence, as referred to in section 42,
Page 11
Energy Legislation Amendment (Clean Energy Future) Bill 2024 [NSW]
Schedule 3 Amendment of Pipelines Act 1967 No 90
(b) an instrument by which a legal or equitable interest affecting an existing
or future licence is or may be created, assigned, affected or dealt with,
whether directly or indirectly, not being an instrument of transfer, as
referred to in section 45.
(2) Without limiting subclause (1), requirements that a transfer or instrument must
set out the true consideration for the transfer or instrument and other facts and
circumstances affecting the amount of stamp duty payable for the transfer or
instrument.
16 Auditing of pipeline management systems
Matters relating to the auditing of the pipeline management system, including
the following--
(a) appointment, termination and functions of auditors for pipeline
management systems,
(b) audit reports.
Page 12
Energy Legislation Amendment (Clean Energy Future) Bill 2024 [NSW]
Schedule 4 Amendment of Energy and Utilities Administration Act 1987 No 103, as amended by Energy
egislation Amendment Act 2023 No 49
Schedule 4 Amendment of Energy and Utilities
Administration Act 1987 No 103, as amended by
Energy Legislation Amendment Act 2023 No 49
[1] Section 6 Constitution of Corporation
Insert after section 6(4)--
(4A) The Corporation is also subject to the control and direction of the Secretary,
but only to the extent necessary to enable the Secretary to exercise the
Secretary's functions under this Act or another Act.
[2] Section 8 Functions of Board
Insert after section 8(a)--
(a1) to ensure, as far as practicable, the proper and efficient performance of
the functions of the Corporation and the Chief Executive Officer,
[3] Section 8(2)
Insert at the end of section 8--
(2) To avoid doubt, the Board must not direct the Chief Executive Officer in
relation to employer functions the Chief Executive Officer may have under the
Government Sector Employment Act 2013, section 31.
[4] Section 8A
Insert after section 8--
8A Board committees
(1) The Board may establish committees to assist the Board in connection with the
Board's functions.
(2) A committee need not include a member of the Board.
(3) The procedure for calling meetings of a committee and conducting business at
the meetings must be determined by the Board or, subject to a determination
of the Board, by the committee.
(4) The Board may dissolve a committee.
[5] Section 10 Control and management of Corporation
Omit "prevails" from section 10(4).
Insert instead "and a direction of the Secretary under section 6(4A) prevail".
[6] Section 10C Protection from personal liability
Insert after section 10C(3), definition of protected person, paragraph (c)--
(d) a member of an advisory committee of the Corporation,
(e) a member of a committee of the Board.
[7] Sections 12B and 12C
Omit section 12B. Insert instead--
12B Corporate plan
(1) The Corporation must, before the beginning of each financial year, prepare a
corporate plan for the financial year.
Page 13
Energy Legislation Amendment (Clean Energy Future) Bill 2024 [NSW]
Schedule 4 Amendment of Energy and Utilities Administration Act 1987 No 103, as amended by Energy
egislation Amendment Act 2023 No 49
(2) The corporate plan must--
(a) be made in accordance with the regulations, if any, and
(b) specify the following--
(i) the Corporation's service delivery priorities,
(ii) other matters prescribed by the regulations.
(3) The corporate plan must be consistent with a Statement of Expectations issued
to the Corporation by the Minister no later than 4 months before the beginning
of the financial year to which the corporate plan relates.
(4) The Corporation must, as far as practicable, exercise its functions in
accordance with the corporate plan.
(5) The regulations may deal with corporate plans, including the following--
(a) the preparation of corporate plans,
(b) consultation on draft corporate plans,
(c) the publication of corporate plans.
(6) This section is subject to a requirement made under this Act, including a
requirement in a direction by the Minister or the Secretary under this Act.
12C Corporation to give information to Minister
The Corporation must--
(a) give the Minister the information relating to the Corporation's activities
that the Minister may require, and
(b) keep the Minister informed of the general conduct of the Corporation's
activities and of significant developments in the Corporation's
activities.
[8] Schedule 1 Members and procedure of Board of Energy Corporation
Omit clause 3(4). Insert instead--
(4) To avoid doubt, the person acting in the office of the Board member who is the
Chairperson has, when acting, all the functions of the Chairperson and is taken
to be the Chairperson.
[9] Schedule 2 Savings, transitional and other provisions
Insert at the end of the schedule, with appropriate clause numbering--
Existing Chief Executive Officer of the Corporation
(1) The person employed in the Public Service under the Government Sector
Employment Act 2013 as the Chief Executive Officer of the Corporation,
immediately before the commencement of the Energy Legislation Amendment
Act 2023, Schedule 2[3]--
(a) continues to be the Chief Executive Officer of the Corporation, and
(b) if a Public Service agency related to a department has been established
to enable the Corporation to exercise its functions--is taken to have
been appointed under the Government Sector Employment Act 2013,
section 28 as the head of the Public Service agency.
(2) To avoid doubt--
(a) the person referred to in subclause (1) (the continuing CEO) is to
continue to be employed under the contract of employment in force
Page 14
Energy Legislation Amendment (Clean Energy Future) Bill 2024 [NSW]
Schedule 4 Amendment of Energy and Utilities Administration Act 1987 No 103, as amended by Energy
egislation Amendment Act 2023 No 49
immediately before the commencement of the Energy Legislation
Amendment Act 2023, Schedule 2[3], and
(b) if the continuing CEO is taken to have been appointed under the
Government Sector Employment Act 2013, section 28 as the head of
a Public Service agency--the person exercising the employer functions
of the Government of New South Wales in relation to the head of the
agency may exercise the employer functions in relation to the
continuing CEO.
Corporate plan for 2024-2025
Despite section 12B, the Corporation is not required to prepare a corporate
plan for the 2024-2025 financial year.
Page 15
Energy Legislation Amendment (Clean Energy Future) Bill 2024 [NSW]
Schedule 5 Amendments relating to financial benefits to landowners for transmission infrastructure
Schedule 5 Amendments relating to financial benefits to
landowners for transmission infrastructure
5.1 Electricity Supply Act 1995 No 94
[1] Section 44 Acquisition of land
Insert after section 44(3)--
(4) Despite the Land Acquisition (Just Terms Compensation) Act 1991, section
55, a strategic benefit payment to which a person is entitled must be
disregarded in determining the amount of compensation to which the person is
entitled under that Act, Part 3.
(5) In this section--
strategic benefit payment means a payment required to be made by the holder
of a transmission operator's licence under a condition imposed on the licence
by the Minister under Schedule 2, clause 6(2)(i).
[2] Schedule 2 Licences
Omit "(Sections 14 and 33)". Insert instead "sections 14 and 93A".
[3] Schedule 2, clause 6(2)(i)
Insert after clause 6(2)(h)--
(i) a condition requiring the holder of a transmission operator's licence
to--
(i) make payments in relation to transmission infrastructure owned
or operated by the holder, in accordance with guidelines
(strategic benefit payment guidelines) issued by the Minister
from time to time, and
(ii) comply with the strategic benefit payment guidelines.
[4] Schedule 2, clause 6(6)-(8)
Insert after clause 6(5)--
(6) The strategic benefit payment guidelines may provide for the following--
(a) the eligibility of owners of land and holders of other interests in land on
which transmission infrastructure is located to receive strategic benefit
payments,
(b) the transmission infrastructure in relation to which strategic benefit
payments may be required,
(c) the calculation of the amounts payable as strategic benefit payments,
(d) complaints and dispute resolution,
(e) the requirement to keep records and make reports,
(f) other matters the Minister considers necessary.
(7) The regulations may prescribe matters for which the strategic benefit payment
guidelines must provide.
(8) The strategic benefit payment guidelines must be published in the Gazette.
[5] Schedule 2, clause 12
Insert after clause 11--
Page 16
Energy Legislation Amendment (Clean Energy Future) Bill 2024 [NSW]
Schedule 5 Amendments relating to financial benefits to landowners for transmission infrastructure
12 Trust accounts for strategic benefit payments
(1) This clause applies to the holder of a transmission operator's licence subject
to a condition imposed under clause 6(2)(i).
(2) The holder must keep a trust account in connection with strategic benefit
payments required to be paid by the holder under the condition.
(3) The holder must pay into the trust account amounts for strategic benefit
payments required to be paid into the account by the condition.
(4) Money in the trust account is held in trust for the persons entitled to receive
strategic benefit payments.
(5) Money not paid as a strategic benefit payment within 6 years after the money
is paid into the trust account must be paid to the Treasurer for payment into the
Consolidated Fund.
(6) Payment of a strategic benefit payment required to be made from money paid
to the Treasurer under subclause (5) must be made from the Consolidated
Fund, which is appropriated accordingly.
[6] Schedule 6 Savings, transitional and other provisions
Insert at the end of the schedule, with appropriate part and clause numbering--
Part Provision consequent on enactment of Energy
Legislation Amendment (Clean Energy Future) Act
2024
Determination of compensation
Section 44(4), as inserted by the Energy Legislation Amendment (Clean
Energy Future) Act 2024, applies to the acquisition of land before the
commencement of that Act, Schedule 5.2 if, before that date, the compensation
to which the person is entitled under the Land Acquisition (Just Terms
Compensation) Act 1991, Part 3 has not been determined.
[7] Dictionary
Insert in alphabetical order--
transmission operator's licence means a licence granted under section 93A.
5.2 Energy and Utilities Administration Act 1987 No 103
[1] Section 15 Acquisition of land
Insert after section 15(3)--
(4) Despite the Land Acquisition (Just Terms Compensation) Act 1991, section
55, a strategic benefit payment to which a person is entitled must be
disregarded in determining the amount of compensation to which the person is
entitled under that Act, Part 3.
(5) In this section--
strategic benefit payment has the same meaning as in the Electricity Supply
Act 1995, section 44.
[2] Schedule 2 Savings, transitional and other provisions
Insert at the end of the schedule, with appropriate part and clause numbering--
Page 17
Energy Legislation Amendment (Clean Energy Future) Bill 2024 [NSW]
Schedule 5 Amendments relating to financial benefits to landowners for transmission infrastructure
Part Provision consequent on enactment of Energy
Legislation Amendment (Clean Energy Future) Act
2024
Determination of compensation
Section 15(4), as inserted by the Energy Legislation Amendment (Clean
Energy Future) Act 2024, applies to the acquisition of land before the
commencement of that Act, Schedule 5.2 if, before that date, the compensation
to which the person is entitled under the Land Acquisition (Just Terms
Compensation) Act 1991, Part 3 has not been determined.
5.3 Land Acquisition (Just Terms Compensation) Act 1991 No 22
Section 55 Relevant matters to be considered in determining amount of
compensation
Insert at the end of section 55--
Note-- See also the Electricity Supply Act 1995, section 44(4) and the Energy and
Utilities Administration Act 1987, section 15(4).
Page 18
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