Queensland Consolidated Acts

NATIONAL ELECTRICITY (QUEENSLAND) LAW - SECT 118AD

118AD Mandatory operation direction

(1) The Minister may issue a
"mandatory operation direction" requiring a Registered participant to operate 1 or more relevant generating units if the Minister is satisfied that giving the direction is necessary—

(a) for the national electricity system or a region within the national electricity system—

(i) to maintain power system security; or

(ii) to maintain system reliability; or

(b) for reasons of public safety.

(2) A mandatory operation direction must be given in writing and include the following:

(a) the Registered participant to whom the direction applies;

(b) the relevant generating units to which the direction applies;

(c) the way the relevant generating units must be operated;

(d) the generating capacity that must be supplied by a relevant generating unit or a group of specified units;

(e) the period (a
"mandatory operation period" ) for which a relevant generating unit must be operated, being—

(i) if the Registered participant submitted an early closure proposal for the generating unit prior to the commencement of this Part— a period of not more than 3 years after the closure date specified in the early closure proposal; or

(ii) if the Registered participant submitted an early closure proposal for the generating unit after the commencement of this Part—a period ending no later than the expected closure date previously notified to AEMO;

(f) the date the mandatory operation period commences;

(g) the circumstances in which the Minister must consider amending the direction.

(3) The Rules may—

(a) prescribe additional matters that must be included in a mandatory operation direction; and

(b) prescribe the circumstances, or the types of circumstance, that may be specified under subsection (2) (g) ; and

(c) prescribe obligations that must be complied with by a Registered participant who receives a mandatory operation direction; and

(d) make provision for the insurances that must be maintained in respect of a MOD generating unit; and

(e) make provision for the advice the Minister obtains from AEMO, including the following:

(i) the scope of advice;

(ii) matters that must be included in the advice;

(iii) the way the advice must be given.

(4) Before issuing a mandatory operation direction, the Minister—

(a) must obtain advice from AEMO on the following:

(i) the impact, or likely impact, of the closure of the relevant generating unit on—

(A) the security of the power system; and

(B) the reliability of the national electricity system;

(ii) alternatives to issuing the direction; and

(b) must be satisfied there are no reasonably practicable alternatives to issuing the direction; and

(c) may obtain advice from the AER in accordance with the Rules; and

(d) may obtain and consider other information the Minister considers to be relevant; and

(e) must give the Registered participant to whom the direction applies and the AER a draft of the proposed direction and an opportunity to comment on the proposed direction.

(5) The Minister is not required to consider a comment made more than the prescribed number of days after a draft of the proposed direction is given to the Registered participant and the AER under subsection (4) (e) .

(6) In this section—

"maintenance of system reliability" includes managing the risk of low probability events that may have a high impact;

"prescribed number of days" means—

(a) 20 business days; or

(b) the number of business days prescribed by the Rules.