New South Wales Consolidated Acts

ELECTRICITY SUPPLY ACT 1995 - SECT 97DA

97DA Eligibility for accreditation

(1) The regulations and greenhouse gas benchmark rules may make provision for or with respect to the eligibility of a person for accreditation as an abatement certificate provider.

(2) The regulations and greenhouse gas benchmark rules may make provision for accreditation as an abatement certificate provider in respect of any activities or class of activities that promote the reduction of greenhouse gas emissions.

(3) Without limiting subsection (2), the regulations and the greenhouse gas benchmark rules may make provision for or with respect to eligibility for accreditation in respect of the following activities--

(a) the generation of electricity in a manner that results in reduced emissions of greenhouse gases,

(b) activities that result in reduced consumption of electricity,

(c) activities of elective participants, associated with production processes that use electricity in this State, that result in reduced emissions of greenhouse gases.

(4) The regulations and greenhouse gas benchmark rules may make provision for or with respect to eligibility for accreditation in respect of carbon sequestration by the planting of forests or other means, but only if--

(a) the activity occurs in this State, or

(b) the activity occurs in another jurisdiction in which a mandatory scheme intended to promote the reduction of greenhouse gas emissions, approved by the Minister for the purposes of this subsection, is in operation.

(5) The Minister may approve a scheme for the purposes of subsection (4) only if the Minister is satisfied that--

(a) the reduction of greenhouse gas emissions proposed to be achieved by the scheme is not less than the reduction proposed to be achieved by the scheme established under this Part, and

(b) the monitoring and enforcement of compliance with the scheme to be approved is no less stringent than that applicable to the scheme established under this Part.

(6) The regulations and greenhouse gas benchmark rules are to include provision for the recognition of the arrangements in place before the commencement of this Part relating to category A generation, under which energy in certain circumstances is deemed to be assigned to a retailer, so as to ensure that the retailer is entitled (subject to accreditation as an abatement certificate provider under this Part) to create abatement certificates in respect of any abatement of greenhouse gas emissions associated with that energy.