New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Electricity Supply Amendment (GGAS)
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 to make provision with respect to the
termination of that Scheme; and for other purposes.
Clause 1 Electricity Supply Amendment (GGAS) Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Electricity Supply Amendment (GGAS) Act 2009. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Electricity Supply Amendment (GGAS) 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] Section 97AB Definitions 3
Insert in alphabetical order: 4
category A generation means category A generation, as referred 5
to in the Emissions Workbook. 6
compliance period means: 7
(a) for a year occurring before the start of the final compliance 8
period, the period of one year commencing on 1 January in 9
that year, or 10
(b) the final compliance period. 11
Emissions Workbook means the document entitled Greenhouse 12
Gas Emissions from Electricity Supplied in NSW: Emissions 13
Workbook published by the Ministry of Energy and Utilities in 14
October 2000. 15
final compliance period means the period ending on the day 16
immediately preceding the termination day and commencing on 17
1 January in the same year as the termination day. 18
termination day means the day prescribed by proclamation under 19
section 97KB (1) (a). 20
[2] Section 97AB, definition of "electricity sector benchmark" 21
Insert "(1)" after "97BC". 22
[3] Sections 97AB, definitions of "greenhouse gas benchmark", 23
"greenhouse shortfall" and "State population", 97BD (1)-(3) and (6), 24
97BE (1)-(4), (6) and (7), 97BF (3), 97BG (b) and (d), 97CA (1) and (2), 25
97CB (2) (a)-(c) and (4), 97CC (1) (b), 97CD (1) (b), 97I (1) (a) and (d) and 26
97K (1) (c), (f) and (g) 27
Omit "year" wherever occurring. Insert instead "compliance period". 28
[4] Section 97AB, definition of "State greenhouse gas benchmark" 29
Omit the definition. Insert instead: 30
State greenhouse gas benchmark--see section 97B (1). 31
Page 3
Electricity Supply Amendment (GGAS) Bill 2009
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
[5] Section 97B 1
Omit the section. Insert instead: 2
97B State greenhouse gas benchmark 3
(1) The State greenhouse gas benchmark is 7.27 tonnes of carbon 4
dioxide equivalent of greenhouse gas emissions per head of State 5
population per year. 6
(2) The State greenhouse gas benchmark is to be the basis for the 7
calculation of the greenhouse gas benchmark for each benchmark 8
participant. 9
[6] Section 97BC 10
Omit the section. Insert instead: 11
97BC Principles for determining greenhouse gas benchmarks for 12
benchmark participants 13
(1) The greenhouse gas benchmark for a benchmark participant for a 14
compliance period is to be determined as follows: 15
(a) by multiplying the State population for the compliance 16
period by the State greenhouse gas benchmark to 17
determine the electricity sector benchmark, 18
(b) by determining the proportion of the total State electricity 19
demand (as determined by the Tribunal) for the year 20
commencing on the same day as the compliance period 21
that is applicable to the participant during that year, 22
(c) by applying that proportion to the electricity sector 23
benchmark to calculate the number of tonnes of carbon 24
dioxide equivalent of greenhouse gas emissions 25
comprising the benchmark for that participant. 26
(2) If the compliance period is the final compliance period, the 27
number of tonnes of carbon dioxide equivalent of greenhouse gas 28
emissions comprising the benchmark for a participant is to be 29
reduced by dividing that number by 365 and then multiplying it 30
by the number of days in the final compliance period. 31
Note. The methodology for determining the matters set out in this 32
section is set out in the greenhouse gas benchmark rules. 33
[7] Section 97BE Greenhouse shortfalls may be carried forward 34
Insert "or the final compliance period" after "2007" in section 97BE (1). 35
Page 4
Electricity Supply Amendment (GGAS) Bill 2009
Amendment of Electricity Supply Act 1995 No 94 Schedule 1
[8] Section 97BF Factors to be determined and published before 1
commencement of each compliance period 2
Omit "next year" from section 97BF (1). 3
Insert instead "compliance period commencing on 1 January immediately 4
following that notice (the next compliance period)". 5
[9] Section 97BF (1) (b) 6
Insert "for a year" after "demand". 7
[10] Section 97CA Greenhouse penalties 8
Omit "a year" from section 97CA (4). 9
Insert instead "a compliance period (other than the final compliance period)". 10
[11] Section 97CA (4A) 11
Insert after section 97CA (4): 12
(4A) A greenhouse penalty payable for the final compliance period by 13
a benchmark participant is payable within 3 months after the 14
termination day or on any later day determined by the Tribunal 15
for a benchmark participant. 16
[12] Section 97CB Annual greenhouse gas benchmark statements 17
Omit section 97CB (1). Insert instead: 18
(1) A benchmark participant must lodge with the Tribunal a 19
greenhouse gas benchmark statement: 20
(a) in respect of a compliance period (other than the final 21
compliance period), not later than 1 March in the year 22
immediately following the end of that compliance period, 23
or 24
(b) in respect of the final compliance period, not later than 25
3 months after the termination day. 26
(1A) The Tribunal may permit a benchmark participant to lodge a 27
greenhouse gas benchmark statement on a later day. 28
[13] Section 97DA Eligibility for accreditation 29
Omit ", as referred to in the Emissions Workbook" from section 97DA (6). 30
[14] Section 97DA (7) 31
Omit the subsection. 32
Page 5
Electricity Supply Amendment (GGAS) Bill 2009
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
[15] Section 97DB Application for accreditation 1
Insert after section 97DB (1): 2
(1A) An application cannot be made on or after 1 January 2010 or such 3
later day as may be prescribed by the regulations. 4
[16] Section 97EC When certificates may be created 5
Omit section 97EC (2). Insert instead: 6
(2) An abatement certificate cannot be created in relation to an 7
activity later than 6 months after the end of the compliance period 8
in which the activity takes place. 9
(2A) An abatement certificate cannot be created in relation to category 10
A generation occurring on or after 1 July 2010 or such later day 11
as may be prescribed by the regulations. 12
(2B) An abatement certificate cannot be created in relation to category 13
A generation after 1 October 2010, or if a later day is prescribed 14
under subsection (2A), more than 3 months after that later day. 15
(2C) If a later day is prescribed under subsection (2A), the regulations 16
may also provide for transitional arrangements in relation to any 17
category A generation occurring after 1 July 2010 and before that 18
later day, including by providing an exemption from 19
subsection (2). 20
(2D) An abatement certificate cannot be created in relation to an 21
activity occurring on or after the termination day. 22
(2E) An abatement certificate cannot be created later than 2 months 23
after the termination day. 24
[17] Section 97HF Annual report by Tribunal 25
Omit section 97HF (1). Insert instead: 26
(1) The Tribunal must prepare and forward to the Minister a report 27
on the extent to which benchmark participants have complied, or 28
failed to comply, with greenhouse gas benchmarks during a 29
compliance period. 30
(1A) If the report relates to a compliance period other than the final 31
compliance period, it is to be forwarded to the Minister as soon 32
as practicable after 1 March (but on or before 31 July) in the 33
following year. 34
(1B) If the report relates to the final compliance period, it is to be 35
forwarded to the Minister as soon as practicable after the day 36
Page 6
Electricity Supply Amendment (GGAS) Bill 2009
Amendment of Electricity Supply Act 1995 No 94 Schedule 1
occurring 3 months after the termination day (but on or before the 1
day occurring 7 months after the termination day). 2
[18] Section 97KB 3
Omit the section. Insert instead: 4
97KB Termination of scheme 5
(1) The Governor may, by proclamation published on the NSW 6
legislation website, do either or both of the following: 7
(a) prescribe a termination day for the scheme set out in this 8
Part, 9
(b) repeal any or all of the provisions of this Part. 10
(2) A proclamation may be made only if the Minister has certified to 11
the Governor that the Minister is satisfied that a scheme will 12
apply in New South Wales that: 13
(a) has been or will be established (either nationally or in this 14
State and at least one or more other States or Territories), 15
and 16
(b) is designed to achieve outcomes that include the reduction 17
of greenhouse gas emissions associated with the 18
production and use of electricity and encouragement of 19
participation in activities to offset the production of 20
greenhouse gas emissions nationally or in the participating 21
jurisdictions. 22
(3) The repeal of any provisions of this Part takes effect on the day 23
(being a day not earlier than the day on which the proclamation 24
is published on the NSW legislation website) specified in the 25
proclamation. 26
(4) The termination day, or any day specified in the proclamation for 27
the repeal of a provision of this Part, must not be a day that is 28
earlier than the day on which the relevant scheme applies in New 29
South Wales. 30
(5) If the termination day is on 1 January in any year there is no final 31
compliance period. 32
(6) Regulations may be made for or with respect to the effect of the 33
repeal of any provisions on rights conferred or obligations 34
imposed under this Part. 35
(7) Without limiting subsection (6), the regulations may specify 36
conditions that must be complied with in respect of the repeal of 37
a provision. 38
Page 7
Electricity Supply Amendment (GGAS) Bill 2009
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
[19] Section 179A 1
Insert before section 179: 2
179A Compensation not payable 3
(1) Compensation is not payable by or on behalf of the State: 4
(a) because of the enactment, making or operation of any of 5
the following: 6
(i) Part 8A, 7
(ii) the Electricity Supply Amendment (GGAS) Act 2009 8
or any other Act that amends Part 8A, 9
(iii) any instrument under Part 8A, or 10
(b) because of any consequence of any such enactment, 11
making or operation, or 12
(c) because of any statement or conduct relating to any such 13
enactment, making or operation, or 14
(d) because of any statement or conduct relating to 15
accreditation as an abatement certificate provider under 16
Part 8A or to abatement certificates within the meaning of 17
that Part. 18
(2) This section extends to statements, conduct and any other matter 19
occurring before the commencement of this section. 20
(3) In this section: 21
compensation includes damages or any other form of monetary 22
compensation. 23
conduct includes any act or omission, whether unconscionable, 24
misleading, deceptive or otherwise. 25
statement includes a representation of any kind: 26
(a) whether made verbally or in writing, and 27
(b) whether negligent, false, misleading or otherwise. 28
the State means the Crown within the meaning of the Crown 29
Proceedings Act 1988 or an officer, employee or agent of the 30
Crown. 31
[20] Schedule 6 Savings, transitional and other provisions 32
Insert at the end of clause 1 (1): 33
Electricity Supply Amendment (GGAS) Act 2009 34
Page 8
Electricity Supply Amendment (GGAS) Bill 2009
Amendment of Electricity Supply Act 1995 No 94 Schedule 1
[21] Schedule 6, clause 1A 1
Insert after clause 1: 2
1A Regulations on repeal of provisions of Part 8A 3
(1) The regulations may contain provisions of a savings or 4
transitional nature consequent on the repeal of a provision of 5
Part 8A. 6
(2) To the extent to which any such provision takes effect from a date 7
that is earlier than the date of its publication on the NSW 8
legislation website, the provision does not operate so as: 9
(a) to affect, in a manner prejudicial to any person (other than 10
the State or an authority of the State), the rights of that 11
person existing before the date of its publication, or 12
(b) to impose liabilities on any person (other than the State or 13
an authority of the State) in respect of anything done or 14
omitted to be done before the date of its publication. 15
[22] Dictionary 16
Omit the definition of Director-General. Insert instead: 17
Department means the Department of Industry and Investment. 18
Director-General means the Director-General of the 19
Department. 20
Page 9
Electricity Supply Amendment (GGAS) Bill 2009
Schedule 2 Amendment of instruments
Schedule 2 Amendment of instruments 1
2.1 Electricity Supply (Corrosion Protection) Regulation 2008 2
Clause 3 Definitions 3
Omit the definitions of Department and Director-General from clause 3 (1). 4
2.2 Electricity Supply (General) Regulation 2001 5
[1] Clauses 3 (1), definition of "recognised code", 39 (3) and 98 (5) 6
Omit "of the Ministry of Energy and Utilities" wherever occurring. 7
[2] Clauses 73BF (a), 73C (1), definition of "M", 73DA, 73DB, 73E (1), 8
73EA (1), 73EB (1) and (5) and 73K (2) (b) 9
Omit "year" wherever occurring. Insert instead "compliance period". 10
[3] Clause 73E Assessment of compliance with greenhouse gas 11
benchmarks 12
Insert "(or on the day occurring 3 months after the termination day in the case 13
of the final compliance period)" after "following year" in clause 73E (3). 14
[4] Clause 73G Electricity generation activities 15
Omit the definition of Emissions Workbook from clause 73G (4). 16
[5] Clause 73KA Determination of baseline 17
Insert at the end of the clause: 18
(2) The baseline is to be reduced in respect of the final compliance 19
period by dividing the baseline by 365 and then multiplying it by 20
the number of days in the final compliance period. 21
Page 10
Electricity Supply Amendment (GGAS) Bill 2009
Amendment of instruments Schedule 2
2.3 Electricity Supply (Safety and Network Management) 1
Regulation 2008 2
Clause 3 Definitions 3
Omit the definition of Director-General from clause 3 (1). 4
Page 11
[Index] [Search] [Download] [Related Items] [Help]