South Australian Current Regulations South Australian Current Regulations15—Exemptions from requirement to be licensed
(1) A person who
carries on operations in the electricity supply industry
(the "operator") is exempt from the requirement to hold a licence under the
Act authorising the operations if the electricity in relation to which the
operations are carried on is only for the consumption of 1 or more of the
following:
(a) the
operator;
(b) a
designated body;
(c) a
person at premises occupied or used by the person as a tenant or licensee
(whether directly or indirectly) of the operator or a designated body where
that person is not charged for the supply of electricity except by an
electricity entity or as an unspecified part of rent or charges for the
occupation or use of the premises.
(2) A person who
carries on the generation of electricity is exempt from the requirement to
hold a licence under the Act authorising the operations if—
(a) the
generating plant has a rated nameplate output of 100 kVA or less; or
(b) the
person does not supply electricity for reward to or by means of a transmission
or distribution network.
(3) A person who
carries on operations as an inset network operator or inset network retailer
is exempt from the requirement to hold a licence under the Act authorising the
operations on the condition that an inset customer must have an effective
right of access to a licensed retailer of the customer's choice.
(5) An exemption under
this regulation is (in addition to any other condition to which it is
expressed to be subject under this regulation) subject to the condition that
the person comply with any requirement imposed by or under the Act, these
regulations, the National Electricity Rules or a code made by the Commission
under the Essential Services Commission Act 2002 as if the person were an
electricity entity authorised by a licence to carry on the operations to which
the exemption relates.
(6) An exemption from
subregulation (5), or from specified requirements referred to in that
subregulation, may be granted by—
(a) in
relation to Part 6 of the Act or Part 10, Part 11 and
Part 12 of these regulations or any safety requirement—the
Technical Regulator, on terms and conditions the Technical Regulator considers
appropriate; or
(b) in
any other case—the Commission, on terms and conditions the Commission
considers appropriate.
(7) For the purposes
of this regulation, an inset customer has "an effective right of access to a
licensed retailer of the customer's choice only if the customer may—
(a) have
access to and use the inset network for the purpose of consuming electricity
purchased by the customer from a licensed retailer of the customer's choice;
and
(b)
install, maintain and use meters and other equipment necessary for that
purpose,
without any charge being payable by the customer (other than to the
licensed retailer) or by the licensed retailer.
(8) In this
regulation—
"community or strata title premises" means premises the subject of the same
community plan under the Community Titles Act 1996 or the same strata
plan under the Strata Titles Act 1988 ;
"designated body" means a body or group of persons designated by the Minister
by notice in the Gazette;
"inset customer", in relation to an inset network, means a person (other than
the inset network operator or the inset network retailer) who has or seeks a
supply of electricity from the inset network;
"inset network" means a transmission or distribution network that serves only
a group of premises in the same ownership or community or
strata title premises;
"inset network operator" means a person who operates an inset network;
"inset network retailer" means a person (other than an electricity entity) who
retails electricity supplied through an inset network;
"licensed retailer" means an electricity entity licensed to retail
electricity;
"premises" includes part of premises.
(9) The Minister
may—
(a) by
notice in the Gazette, designate a body or group of persons for the
purposes of the definition of "designated body"; and
(b) by
subsequent notice in the Gazette, vary or revoke a notice under this
subregulation.