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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (National Energy Laws) (Stand-Alone
Power Systems) Bill 2020
A BILL FOR
An Act to amend the
National
Electricity (South Australia) Act 1996
and the
National
Energy Retail Law (South Australia) Act 2011
.
Contents
Part 2—Amendment
of National Electricity Law
4Amendment of section
2—Definitions
6BRegulated
stand-alone power systems
6Amendment of section 11—Electricity
market activities in this jurisdiction
7Amendment of section 15—Functions and
powers of AER
90EBSouth
Australian Minister to make initial Rules relating to stand-alone power
systems
9Amendment of section 114—AEMO to ensure
maintenance of supply of sensitive loads
Part 3—Amendment
of National Energy Retail Law
10Amendment of section 237—Subject matters
of Rules
238ABSouth
Australian Minister may make initial Rules relating to stand-alone power
systems
12Amendment of Schedule 1—Savings and
transitionals
Part 2—Transitional provision related to
stand-alone power systems
2Transitional
provision related to stand-alone power systems
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (National Energy Laws)
(Stand-Alone Power Systems) Act 2020.
This Act comes into operation on a day to be fixed by
proclamation.
In this Act—
(a) a provision in
Part 2
amends the National Electricity Law set out in the Schedule to the
National
Electricity (South Australia) Act 1996
; and
(b) a provision in
Part 3
amends the National Energy Retail Law set out in the Schedule to
the
National
Energy Retail Law (South Australia) Act 2011
.
Part 2—Amendment
of National Electricity
Law
4—Amendment
of section 2—Definitions
(1) Section 2(1), definition of distribution
system—after "a distribution system" insert:
and includes a regulated stand-alone power system to the extent provided by
the Rules
(2) Section 2(1), definition of national electricity
system—after paragraph (b) insert:
and
(c) regulated stand-alone power systems;
(3) Section 2(1), definition of network service
provider—after "electricity system" insert:
or that owns, controls or operates a regulated stand-alone power
system
(4) Section 2(1), definition of power system
security—after "electricity system" insert:
(other than regulated stand-alone power systems)
(5) Section 2(1)—after the definition of regulated network
service provider insert:
regulated stand-alone power system—see
section 6B;
After section 6A insert:
6B—Regulated stand-alone power
systems
(1) The regulations
under the application Act of a participating jurisdiction (a local
regulation) may provide that the following form part of the national
electricity system (a regulated stand-alone power
system):
(a) a particular stand-alone power system, which consists of a
distribution system owned, controlled or operated, or proposed to be owned,
controlled or operated, by a regulated distribution system operator;
(b) a stand-alone power system, which consists of a distribution system
owned, controlled or operated, or proposed to be owned, controlled or operated,
by a regulated distribution system operator, that belongs to a particular class
of stand-alone power systems.
(2) Without limiting
subsection (1)
, the local regulation may provide that a particular stand-alone power
system, or a class of stand-alone power systems, forms part of the national
electricity system by reference to—
(a) the particular geographic area in which the stand-alone power system,
or class of stand-alone power systems, is or will be located; or
(b) the regulated distribution system operator that owns, controls or
operates, or proposes to own, control or operate, the stand-alone power system
or class of stand-alone power systems; or
(c) whether the stand-alone power system, or class of stand-alone power
systems, complies with any requirements specified by the Rules.
(3) The local regulation may modify the application of a specified
provision of this Law or the Rules for and with respect to a regulated
stand-alone power system or a class of regulated stand-alone power
systems.
(4) A regulated distribution system operator that owns, controls or
operates a regulated stand-alone power system—
(a) must comply with the Rules to the extent that the Rules are applied by
the local regulation to the regulated stand-alone power system; and
(b) may, to the extent that the Rules apply to the regulated stand-alone
power system, be proceeded against under this Law for any breach of those
Rules.
(5) The Minister responsible for administering the application Act (other
than the application Act of South Australia) under which a local regulation
referred to in this section is made is to make arrangements for notice of the
making and publication of the regulation to be published for information in the
South Australian Government Gazette.
(6) In this section—
stand-alone power system means a system that—
(a) generates and distributes electricity; and
(b) does not form part of the interconnected national electricity
system.
6—Amendment
of section 11—Electricity market activities in this
jurisdiction
(1) Section 11(1)—after "electricity system" insert:
or directly or indirectly connected to a regulated stand-alone power
system
(2) Section 11(2)—after "electricity system" insert:
or that forms part of, or is directly or indirectly connected to, a
regulated stand-alone power system
7—Amendment
of section 15—Functions and powers of AER
Section 15(1)(e)—delete "forming part of the interconnected
transmission and distribution system"
After section 90EA insert:
90EB—South Australian Minister to make initial
Rules relating to stand-alone power systems
(1) The Minister in
right of the Crown of South Australia administering Part 2 of the
National
Electricity (South Australia) Act 1996
of South Australia (the South Australian Minister) may make
Rules—
(a) for or with respect to the stand-alone power system amendments;
and
(b) for or with respect to any other subject contemplated by, or necessary
or expedient for, the stand-alone power system amendments; and
(c) that revoke or amend a Rule as a consequence of the enactment of the
stand-alone power system amendments.
(2) Section 34(3) applies to Rules made under
subsection (1)
in the same way as it applies to Rules made by the AEMC.
(3) As soon as
practicable after making Rules under
subsection (1)
, the South Australian Minister must—
(a) publish notice of
the making of the Rules in the South Australian Government Gazette;
and
(b) make the Rules publicly available.
(4) The notice referred to in
subsection (3)(a)
must state—
(a) the date on which the Rules commence operation; or
(b) if different Rules will commence operation on different dates, those
dates.
(5) The Rules made under
subsection (1)
may only be made on the recommendation of the MCE.
(6) Once the first Rules have been made under
subsection (1)
, no further Rules can be made under that subsection.
(7) In this section—
stand-alone power system amendments means the amendments made
to this Law by the
Statutes
Amendment (National Energy Laws) (Stand-Alone Power Systems)
Act 2020
.
9—Amendment
of section 114—AEMO to ensure maintenance of supply of sensitive
loads
Section 114—after "system" insert:
(other than regulated stand-alone power systems)
Part 3—Amendment
of National Energy Retail
Law
10—Amendment
of section 237—Subject matters of Rules
Section 237(2)—after paragraph (h) insert:
(ha) the sale of electricity to customers whose premises are connected to
a regulated stand-alone power system (within the meaning of the NEL);
After section 238A insert:
238AB—South Australian Minister may make initial
Rules relating to stand-alone power systems
(1) The Minister in
right of the Crown of South Australia administering Part 2 of the
National
Energy Retail Law (South Australia) Act 2011
of South Australia (the South Australian Minister) may make
Rules—
(a) for or with respect to the stand-alone power system amendments;
and
(b) for or with respect to any other subject contemplated by, or necessary
or expedient for, the stand-alone power system amendments; and
(c) that revoke or amend a Rule as a consequence of the enactment of the
stand-alone power system amendments.
(2) As soon as
practicable after making Rules under
subsection (1)
, the South Australian Minister must—
(a) publish notice
of the making of the Rules in the South Australian Government Gazette;
and
(b) make the Rules publicly available.
(3) The notice referred to in
subsection (2)(a)
must state—
(a) the date on which the Rules commence operation; or
(b) if different Rules will commence operation on different dates, those
dates.
(4) The Rules made under this section may only be made on the
recommendation of the MCE.
(5) Section 237(3) applies to Rules made under
subsection (1)
in the same way as it applies to Rules made by the AEMC.
(6) Once the first Rules have been made under
subsection (1)
, no further Rules can be made under that subsection.
(7) In this section—
stand-alone power system amendments means the amendments made
to the NEL and this Law by the
Statutes
Amendment (National Energy Laws) (Stand-Alone Power Systems)
Act 2020
.
12—Amendment
of Schedule 1—Savings and transitionals
Schedule 1—after Part 1 insert:
Part 2—Transitional provision related to
stand-alone power systems
2—Transitional provision related to stand-alone
power systems
The designated retailer for a small customer's premises that are connected
to a stand-alone power system that becomes a regulated stand-alone power system
under the NEL after the commencement of section 6B of the NEL
is—
(a) the financially responsible retailer for the premises; or
(b) if there is no financially responsible retailer for the
premises—the local area retailer for the premises.