South Australian Current Regulations

GAS REGULATIONS 2012 - REG 20

20—Energy productivity activities

        (1)         A retailer must, subject to subregulation (2), undertake energy productivity activities sufficient to achieve the EPT that applies to the retailer for that year (as adjusted to take into account any shortfall added under subregulation (3)).

        (2)         A retailer will be taken not to have failed to achieve the EPT that applies to the retailer for a year if the retailer undertakes energy productivity activities in the year sufficient to achieve at least 90% of the EPT.

        (3)         Despite subregulation (2), where a retailer fails to achieve its EPT in a year, the energy productivity shortfall must be added to an EPT that applies to the retailer in a subsequent year.

        (4)         An energy productivity activity undertaken by a retailer for the purposes of achieving a primary subtarget or secondary subtarget under regulation 21 is taken to be included as an energy productivity activity undertaken by a retailer for the purpose of achieving its EPT under this regulation.

        (5)         If—

            (a)         a retailer undertakes energy productivity activities in a year sufficient to achieve at least 90% of its EPT for that year but does not achieve its EPT; and

            (b)         in the subsequent calendar year this Part no longer applies to the retailer as a result of the operation of regulation 16(1),

the retailer must undertake energy productivity activities in the subsequent year to account for its energy productivity shortfall from the previous year.

        (6)         If—

            (a)         a retailer fails to achieve its EPT with respect to any year; and

            (b)         the retailer—

                  (i)         pays a shortfall penalty in accordance with the requirements of section 91A of the Act with respect to that failure; or

                  (ii)         is subject to a penalty on account of a prosecution in respect of that failure,

the energy productivity shortfall to which the shortfall penalty or prosecution relates will no longer apply to the retailer.

        (7)         In this regulation—

"energy productivity shortfall" means the difference between the EPT that applies to the retailer for a year and the amount of normalised gigajoules actually achieved (in accordance with this Part) by that retailer in that year through the conduct of energy productivity activities.