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This is a Bill, not an Act. For current law, see the Acts databases.
Electricity Supply Amendment (GGAS
Abatement Certificates) Bill 2009
No , 2009
A Bill for
An Act to amend the Electricity Supply Act 1995 with respect to abatement
certificates and abatement certificate providers and the liability of the State in
connection with the GGAS Scheme; and for other purposes.
Clause 1 Electricity Supply Amendment (GGAS Abatement Certificates) Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Electricity Supply Amendment (GGAS Abatement 3
Certificates) Act 2009. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Electricity Supply Amendment (GGAS Abatement Certificates) Bill 2009
Amendment of Electricity Supply Act 1995 No 94 Schedule 1
Schedule 1 Amendment of Electricity Supply Act 1
1995 No 94 2
[1] Sections 43EI (2) and 97HD (2) 3
Omit "head of The Cabinet Office" wherever occurring. 4
Insert instead "Director-General of the Department of Premier and Cabinet or 5
the Deputy Director General, (General Counsel), Department of Premier and 6
Cabinet". 7
[2] Section 97AB Definitions 8
Insert in alphabetical order: 9
category A generation means category A generation, as referred 10
to in the document entitled Greenhouse Gas Emissions from 11
Electricity Supplied in NSW: Emissions Workbook published by 12
the Ministry of Energy and Utilities in October 2000. 13
[3] Section 97DA Eligibility for accreditation 14
Omit ", as referred to in the Emissions Workbook" from section 97DA (6). 15
[4] Section 97DA (7) 16
Omit the subsection. 17
[5] Section 97DB Application for accreditation 18
Insert after section 97DB (1): 19
(1A) An application cannot be made on or after 1 July 2009 or such 20
later day as may be prescribed by the regulations. 21
[6] Section 97EC When certificates may be created 22
Omit section 97EC (2). Insert instead: 23
(2) An abatement certificate cannot be created in relation to an 24
activity later than 6 months after the end of the year in which the 25
activity takes place. 26
(2A) An abatement certificate cannot be created in relation to category 27
A generation occurring on or after 1 July 2009 or such later day 28
as may be prescribed by the regulations. 29
(2B) An abatement certificate cannot be created in relation to category 30
A generation after 1 October 2009, or if a later day is prescribed 31
under subsection (2A), more than 3 months after that later day. 32
(2C) If a later day is prescribed under subsection (2A), the regulations 33
may also provide for transitional arrangements in relation to any 34
Page 3
Electricity Supply Amendment (GGAS Abatement Certificates) Bill 2009
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
category A generation occurring after 1 July 2009 and before that 1
later day, including by providing an exemption from 2
subsection (2). 3
[7] Section 98A 4
Insert before section 98: 5
98A Compensation not payable 6
(1) Compensation is not payable by or on behalf of the State: 7
(a) because of the enactment, making or operation of any of 8
the following: 9
(i) Part 8A, 10
(ii) the Electricity Supply Amendment (GGAS 11
Abatement Certificates) Act 2009 or any other Act 12
that amends that Part, 13
(iii) any instrument under that Part, or 14
(b) because of any consequence of any such enactment, 15
making or operation, or 16
(c) because of any statement or conduct relating to any such 17
enactment, making or operation, or 18
(d) because of any statement or conduct relating to 19
accreditation as an abatement certificate provider under 20
Part 8A or to abatement certificates within the meaning of 21
that Part. 22
(2) The section extends to statements, conduct and any other matter 23
occurring before the commencement of this section. 24
(3) In this section: 25
compensation includes damages or any other form of monetary 26
compensation. 27
conduct includes any act or omission, whether unconscionable, 28
misleading, deceptive or otherwise. 29
statement includes a representation of any kind: 30
(a) whether made verbally or in writing, and 31
(b) whether negligent, false, misleading or otherwise. 32
the State means the Crown within the meaning of the Crown 33
Proceedings Act 1988 or an officer, employee or agent of the 34
Crown. 35
Page 4
Electricity Supply Amendment (GGAS Abatement Certificates) Bill 2009
Amendment of Electricity Supply Act 1995 No 94 Schedule 1
[8] Schedule 6 Savings, transitional and other provisions 1
Insert at the end of clause 1 (1): 2
Electricity Supply Amendment (GGAS Abatement Certificates) Act 3
2009 4
Page 5
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