New South Wales Consolidated Acts

ELECTRICITY SUPPLY ACT 1995 - SECT 97BB

97BB Benchmark participants

(1) The following persons are benchmark participants for the purposes of this Part--

(a) a retailer,

(b) an electricity generator prescribed by the regulations or any other person prescribed by the regulations, being an electricity generator or other person that supplies electricity directly to a customer under an electricity supply arrangement,

(c) a market customer (other than a retailer), but only in respect of an electricity load it has classified as a market load and that is electricity supplied for use in this State,

(d) a large customer who has made an election, that is in force, to be subject to a greenhouse gas benchmark,

(e) a person who is engaged in carrying out State significant development and who has made an election, that is in force, to be subject to a greenhouse gas benchmark.

(2) Regulations may be made for or with respect to the following matters--

(a) the making of elections to be subject to greenhouse gas benchmarks,

(b) the circumstances in which an election to be subject to a greenhouse gas benchmark takes effect or ceases to be in force,

(c) the greenhouse penalty payable by a customer or person whose election to be subject to a greenhouse gas benchmark ceases to be in force,

(d) the circumstances when a person is taken to be a large customer or a large customer who uses electricity at more than one site,

(e) the circumstances when a related entity of a customer is entitled to make an election to be subject to a greenhouse gas benchmark as a large customer,

(f) the circumstances when a person is taken to be engaged in a joint venture with a customer or a related entity of a customer,

(g) the electricity purchases to be taken into account for the purpose of applying section 97BD (2) (a) to a benchmark participant that is a large customer and is not the purchaser of the whole or part of the electricity that qualifies it (either in its own right or as a related entity of a customer) as a large customer.