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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Electricity Industry Amendment (Premium Solar
Feed-in Tariff) Bill 2009
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 1
3 Principal Act 2
4 Definitions inserted for purpose of Division 2
5 New sections 40FA to 40FJ inserted 6
40FA Meaning of premium solar feed-in tariff terms and
conditions 6
40FB Meaning of general renewable energy feed-in terms
and conditions 8
40FC Meaning of premium solar feed-in tariff period 8
40FD Application of premium solar feed-in tariff terms and
conditions obligations 9
40FE Minister may declare the declared scheme capacity day 9
40FF Relevant licensee condition relating to premium solar
feed-in tariff 10
40FG Small retail licensees may offer to purchase solar
energy at premium solar feed-in tariff 10
40FH Distribution company licences to require credits for
qualifying solar energy generation electricity 11
40FI Pass through of costs associated with credits for
qualifying solar energy generation electricity 12
40FJ Distribution companies to report annually on connected
qualifying solar energy generating facilities 13
6 New section 40G substituted 14
40G Retailer licence condition relating to purchase of small
renewable energy generation electricity 14
7 When do published feed-in offers take effect? 14
8 Reference of small renewable energy generation electricity
feed-in offers to Commission 15
9 Commission assessment 17
10 Certain Commission assessment reports to be made publicly
available 19
11 Commission determination of small renewable energy
generation prices, terms and conditions 19
561286B.I-11/3/2009 i BILL LA INTRODUCTION 11/3/2009
Clause Page
12 New section 40M substituted and new sections 40MA to 40ME
inserted 20
40M Declaration of small renewable energy generation
electricity general feed-in terms and conditions 20
40MA Declaration of qualifying solar energy generation
electricity premium solar feed-in terms and conditions 21
40MB When do declared ESC recommended feed-in terms
or conditions take effect? 21
40MC When do declared ESC determined feed-in terms or
conditions take effect? 22
40MD Licence condition applying to relevant licensee named
in Ministerial declaration 23
40ME Licence condition applying to small retail licensee
named in Ministerial declaration 24
13 Consequential amendments to provision requiring Internet
publication of general feed-in offers 24
14 New sections 40NA and 40NB inserted 25
40NA Retailer Internet site must be up to date for premium
solar feed-in tariff offers 25
40NB Review of premium solar feed-in tariff scheme 26
15 Amendment of National Electricity (Victoria) Act 2005--
regulatory obligation or payments 28
16A Solar feed-in credit obligation is a regulatory
obligation or requirement 28
16 Repeal of amending Act 29
ENDNOTES 30
561286B.I-11/3/2009 ii BILL LA INTRODUCTION 11/3/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Electricity Industry Amendment
(Premium Solar Feed-in Tariff)
Bill 2009
A Bill for an Act to amend the Electricity Industry Act 2000 and the
National Electricity (Victoria) Act 2005 and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the
Electricity Industry Act 2000 and the National
Electricity (Victoria) Act 2005 to make further
5 provision to promote the installation and use by
Victorian households of small solar energy
generation facilities.
2 Commencement
(1) Subject to subsection (2), this Act comes into
10 operation on a day or days to be proclaimed.
561286B.I-11/3/2009 1 BILL LA INTRODUCTION 11/3/2009
Electricity Industry Amendment (Premium Solar Feed-in Tariff) Bill 2009
s. 3
(2) If a provision of this Act does not come into
operation before 1 July 2011, it comes into
operation on that day.
3 Principal Act
5 See: In this Act, the Electricity Industry Act 2000 is
Act No.
68/2000. called the Principal Act.
Reprint No. 4
as at
9 November
2006
and
amending
Act Nos
35/2007,
55/2007,
25/2008 and
59/2008.
LawToday:
www.
legislation.
vic.gov.au
4 Definitions inserted for purpose of Division
(1) In section 40F(1) of the Principal Act insert the
following definitions--
10 "2006-2010 distribution pricing determination
has the same meaning as in the National
Electricity (Victoria) Act 2005;
declared scheme capacity day means the day
declared by notice under section 40FE;
15 distributor obligation period means the period--
(a) commencing on the scheme start day;
and
(b) ending on the day that is the last day a
distribution company conveys any
20 qualifying solar energy generation
electricity along a distribution system
operated by that distribution company;
561286B.I-11/3/2009 2 BILL LA INTRODUCTION 11/3/2009
Electricity Industry Amendment (Premium Solar Feed-in Tariff) Bill 2009
s. 4
ESC determined general feed-in terms and
conditions means prices, terms and
conditions determined under
section 40L(1)(a);
5 ESC determined premium solar feed-in terms
and conditions means terms and conditions
determined under section 40L(1)(b);
ESC recommended general feed-in terms and
conditions means prices, terms and
10 conditions recommended, and contained in, a
report under section 40J(2A)(a);
ESC recommended premium solar feed-in terms
and conditions means terms and conditions
recommended, and contained in, a report
15 under section 40J(2A)(b);
general renewable energy feed-in terms and
conditions has the meaning given by
section 40FB;
premium solar feed-in credit has the meaning
20 given by section 40FA(2)(a);
premium solar feed-in tariff period, for a
qualifying customer, has the meaning given
by section 40FC;
premium solar feed-in tariff terms and
25 conditions has the meaning given by
section 40FA;
publish, for sections 40FF, 40FG and 40G, means
publish--
(a) in the Government Gazette; and
30 (b) on the licensee's Internet site;
561286B.I-11/3/2009 3 BILL LA INTRODUCTION 11/3/2009
Electricity Industry Amendment (Premium Solar Feed-in Tariff) Bill 2009
s. 4
qualifying customer, of a relevant licensee or
small retail licensee, means a person who--
(a) purchases electricity from that relevant
licensee or small retail licensee; and
5 (b) engages in the generation of electricity
at a property that the person occupies as
their principal place of residence by
means of a qualifying solar energy
generating facility; and
10 (c) has been exempted by Order under
section 17 from the requirement to hold
a licence in respect of the generation of
electricity for supply and sale;
qualifying solar energy generating facility means
15 a photovoltaic generating facility that--
(a) has an installed or name-plate
generating capacity of 32 kilowatts or
less; and
(b) is connected to a distribution system;
20 qualifying solar energy generation electricity
means electricity that a qualifying customer
generates and does not use;
referred terms and conditions means general
renewable energy feed-in terms and
25 conditions or premium solar feed-in tariff
terms referred to the Commission under
section 40I(1)(a) for assessment;
scheme start day means the day on which
section 5 of the Electricity Industry
30 Amendment (Premium Solar Feed-in
Tariff) Act 2009 comes into operation;
561286B.I-11/3/2009 4 BILL LA INTRODUCTION 11/3/2009
Electricity Industry Amendment (Premium Solar Feed-in Tariff) Bill 2009
s. 4
small retail licensee means a person that--
(a) holds a licence to sell electricity; and
(b) sells electricity to 5000 or less
customers;
5 statutory minimum conditions means the
conditions specified under section
40FA(2);".
(2) In section 40F(1) of the Principal Act, for the
definition of non-complying licensee
10 substitute--
"non-complying licensee means--
(a) a relevant licensee that has not
complied with a condition set out in
section 40FF(1) or 40G(1); or
15 (b) a small retail licensee that has not
complied with the condition set out in
section 40FG(3);".
(3) In section 40F(1) of the Principal Act, in
paragraph (b) of the definition of relevant
20 generator, after "exempted" insert "by Order".
(4) In section 40F(1) of the Principal Act, in the
definition of small renewable energy generation
facility--
(a) after "kind" insert ", connected to a
25 distribution system,";
(b) for paragraph (e) substitute--
"(e) a facility or class of facility specified
for the purposes of this definition under
subsection (2)--
30 but does not include a qualifying solar
energy generating facility;".
561286B.I-11/3/2009 5 BILL LA INTRODUCTION 11/3/2009
Electricity Industry Amendment (Premium Solar Feed-in Tariff) Bill 2009
s. 5
(5) In section 40F(1) of the Principal Act, the
definitions of ESC determined prices, terms and
conditions, ESC recommended prices, terms and
conditions and referred prices, terms and
5 conditions are repealed.
5 New sections 40FA to 40FJ inserted
After section 40F of the Principal Act insert--
"40FA Meaning of premium solar feed-in tariff
terms and conditions
10 (1) Premium solar feed-in tariff terms and
conditions are terms and conditions
comprising an offer under which a relevant
licensee or small retail licensee will purchase
from a qualifying customer of that licensee
15 qualifying solar energy generation electricity
during the premium solar feed-in tariff
period for that customer.
(2) Premium solar feed-in tariff terms and
conditions must, as a minimum, include
20 terms and conditions under which--
(a) an amount not less than $0.60 per
kilowatt-hour is credited against the
charges payable to the relevant licensee
or small retail licensee by the
25 qualifying customer for electricity the
licensee supplies to that customer
during the premium solar feed-in tariff
period for that customer (a premium
solar feed-in credit); and
30 (b) a premium solar feed-in credit that
arises during a period of supply of
electricity to the qualifying customer
during the premium solar feed-in tariff
period for that customer is included in
35 the electricity bill of that customer that
relates to that period of supply; and
561286B.I-11/3/2009 6 BILL LA INTRODUCTION 11/3/2009
Electricity Industry Amendment (Premium Solar Feed-in Tariff) Bill 2009
s. 5
(c) if, in a period of supply of electricity to
the qualifying customer during the
premium solar feed-in tariff period for
that customer, a premium solar feed-in
5 credit exceeds the amount owed by that
customer for electricity supplied to that
customer in that period of supply, the
excess premium solar feed-in credit
amount is--
10 (i) credited against the charges
payable to the relevant licensee or
small retail licensee by that
customer for electricity the
licensee supplies to that customer
15 in the next period of supply of
electricity to that customer; and
(ii) included in that customer's
electricity bill that relates to that
period of supply of electricity; and
20 (d) any excess premium solar feed-in credit
amount referred to in paragraph (c) is
extinguished on the first of the
following to occur--
(i) the day that is 12 months after the
25 day--
(A) a premium solar feed-in
credit first arises in respect
of the qualifying customer;
or
30 (B) a premium solar feed-in
credit first arises in respect
of the qualifying customer
after an excess premium
solar feed-in credit amount
35 referred to in paragraph (c) is
561286B.I-11/3/2009 7 BILL LA INTRODUCTION 11/3/2009
Electricity Industry Amendment (Premium Solar Feed-in Tariff) Bill 2009
s. 5
extinguished under this
paragraph--
as the case requires;
(ii) the day the contract for the supply
5 of electricity by the relevant
licensee or small retail licensee to
the qualifying customer ends;
(iii) the day that is the last day of the
premium solar feed-in tariff period
10 for the qualifying customer; and
(e) any contract between the relevant
licensee or small retail licensee and the
qualifying customer for the purchase of
qualifying solar energy generation
15 electricity by the licensee during the
premium solar feed-in tariff period for
that customer is conditional on that
customer giving the licensee details of
that customer's principal place of
20 residence.
40FB Meaning of general renewable energy
feed-in terms and conditions
General renewable energy feed-in terms and
conditions are the prices, terms and
25 conditions comprising an offer under which
a relevant licensee will purchase, from a
relevant generator, small renewable energy
generation electricity.
40FC Meaning of premium solar feed-in tariff
30 period
(1) The premium solar feed-in tariff period for a
qualifying customer is the period--
(a) commencing on the scheme start day
and
561286B.I-11/3/2009 8 BILL LA INTRODUCTION 11/3/2009
Electricity Industry Amendment (Premium Solar Feed-in Tariff) Bill 2009
s. 5
(b) ending on the earlier of--
(i) the fifteenth anniversary of the
scheme start day; or
(ii) the declared scheme capacity day.
5 (2) However, if there is a declared scheme
capacity day, the premium solar feed-in tariff
period for a qualifying customer who has a
contract in operation for the supply of
qualifying solar energy generation electricity
10 to a relevant licensee or small retail licensee
immediately before that day, and has been
credited with a premium solar feed-in credit
at any time before that day, is the period--
(a) commencing on the scheme start day;
15 and
(b) ending on the fifteenth anniversary of
that commencement.
40FD Application of premium solar feed-in
tariff terms and conditions obligations
20 Sections 40FF(1) and 40FG(3) are not to be
taken to require a relevant licensee or small
retail licensee to pay to a qualifying
customer of that licensee any money (as
cash, by cheque or otherwise) instead of the
25 whole or any part of a premium solar feed-in
credit.
40FE Minister may declare the declared scheme
capacity day
(1) The Minister, by notice published in the
30 Government Gazette, may declare a day to
be the declared scheme capacity day.
(2) The Minister may declare a day under
subsection (1) only if the Minister is satisfied
that on that day the aggregate of the installed
35 or name-plate generating capacity of
561286B.I-11/3/2009 9 BILL LA INTRODUCTION 11/3/2009
Electricity Industry Amendment (Premium Solar Feed-in Tariff) Bill 2009
s. 5
qualifying solar energy generating facilities
is equal to or greater than 100 megawatts.
Note
See also the definition of premium solar feed-in tariff
5 period in section 40F(1).
40FF Relevant licensee condition relating to
premium solar feed-in tariff
(1) Without limiting the generality of section
20(2) or 20(3) or section 21, but subject to
10 this Division, the conditions to which a
licence to sell electricity held by a relevant
licensee is subject include a condition
requiring the relevant licensee to publish
premium solar feed-in tariff terms and
15 conditions.
(2) A relevant licensee that publishes premium
solar feed-in tariff terms and conditions as
required by the condition set out in
subsection (1) must give a copy of those
20 terms and conditions to the Minister within
7 days after publishing them.
40FG Small retail licensees may offer to
purchase solar energy at premium solar
feed-in tariff
25 (1) A small retail licensee may offer to purchase
qualifying solar energy generation electricity
from a qualifying customer during the
premium solar feed-in tariff period for the
qualifying customer.
30 (2) If a small retail licensee decides to do so, the
small retail licensee must publish a notice to
that effect.
(3) Without limiting the generality of section
20(2) or 20(3) or section 21, but subject to
35 this Division, on and after the day a notice is
published in the Government Gazette under
561286B.I-11/3/2009 10 BILL LA INTRODUCTION 11/3/2009
Electricity Industry Amendment (Premium Solar Feed-in Tariff) Bill 2009
s. 5
subsection (2), the conditions to which a
licence to sell electricity held by a small
retail licensee is subject include a condition
requiring the small retail licensee to publish
5 premium solar feed-in tariff terms and
conditions.
(4) A small retail licensee that publishes
premium solar feed-in tariff terms and
conditions under subsection (2) must give a
10 copy of those terms and conditions to the
Minister within 7 days after publishing them.
(5) If a small retail licensee decides to stop
purchasing qualifying solar energy
generation electricity from a qualifying
15 customer during the premium solar feed-in
tariff period for the qualifying customer, it
may publish a notice to that effect.
(6) On and after the day a small retail licensee
publishes a notice under subsection (5),
20 subsection (3) ceases to apply to that small
retail licensee.
(7) To avoid doubt, the publication by a small
retail licensee of a notice under subsection
(5) does not prevent the small retail licensee
25 from publishing another notice under
subsection (2) to which this section will
apply.
40FH Distribution company licences to require
credits for qualifying solar energy
30 generation electricity
(1) This section applies to a distribution
company--
(a) whose licence to distribute electricity
includes a condition of the kind
35 provided for under section 21(d) (a use
of system agreement condition); and
561286B.I-11/3/2009 11 BILL LA INTRODUCTION 11/3/2009
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s. 5
(b) that, in accordance with the use of
system agreement condition, has
entered into an agreement of the kind
contemplated by section 21(d) with a
5 relevant licensee or small retail licensee
(a use of system agreement).
(2) Without limiting the generality of section
20(2) or 20(3) or section 21, the licence to
distribute electricity held by that distribution
10 company is deemed to include a condition
requiring that distribution company to
include in a use of system agreement with a
relevant licensee or small retail licensee, a
condition that credits to the relevant licensee
15 or small retail licensee the amount of $0.60
per kilowatt-hour for qualifying solar energy
generation electricity that is conveyed along
a distribution system operated by that
distribution company during the distributor
20 obligation period.
40FI Pass through of costs associated with
credits for qualifying solar energy
generation electricity
(1) Despite anything to the contrary in this Act,
25 the Essential Services Commission Act
2001 or the 2006-2010 distribution pricing
determination, the giving of a credit under a
solar feed-in credit obligation is to be taken
to also be a relevant pass through event that
30 has a material financial impact on the
distribution company for the purposes of the
2006-2010 distribution pricing
determination during the distributor
obligation period.
561286B.I-11/3/2009 12 BILL LA INTRODUCTION 11/3/2009
Electricity Industry Amendment (Premium Solar Feed-in Tariff) Bill 2009
s. 5
(2) In this section--
solar feed-in credit obligation means an
obligation on a distribution company
arising because of section 40FH(2).
5 40FJ Distribution companies to report annually
on connected qualifying solar energy
generating facilities
(1) Without limiting the generality of section
20(2) or 20(3) or section 21, a licence to
10 distribute electricity is deemed to include a
condition requiring the distribution company
holding the licence to, within one month
after every anniversary date of the scheme
start day, give to the Minister a report that
15 specifies--
(a) the number of qualifying solar energy
generating facilities connected to a
distribution system operated by that
licensee on the anniversary date of the
20 scheme start day that has just passed;
and
(b) the aggregate installed or name-plate
generating capacity of qualifying solar
energy generating facilities connected
25 to a distribution system operated by that
licensee on the anniversary date of the
scheme start day that has just passed.
(2) Subsection (1) ceases to apply on the
declared scheme capacity day.".
561286B.I-11/3/2009 13 BILL LA INTRODUCTION 11/3/2009
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s. 6
6 New section 40G substituted
For section 40G of the Principal Act substitute--
"40G Retailer licence condition relating to
purchase of small renewable energy
5 generation electricity
(1) Without limiting the generality of section
20(2) or 20(3) or section 21, but subject to
this Division, the conditions to which a
licence to sell electricity held by a relevant
10 licensee is subject include a condition
requiring that licensee to publish general
renewable energy feed-in terms and
conditions.
(2) A relevant licensee that publishes general
15 renewable energy feed-in terms and
conditions as required by the condition set
out in subsection (1) must give a copy of
those prices, terms and conditions to the
Minister within 7 days after publishing
20 them.".
7 When do published feed-in offers take effect?
(1) In the heading to section 40H of the Principal Act,
for "prices, terms and conditions" substitute
"feed-in offers".
25 (2) For section 40H(1) of the Principal Act
substitute--
"(1) Subject to this Division, general renewable
energy feed-in terms and conditions and
premium solar feed-in tariff terms and
30 conditions take effect 2 months after they are
published under section 40FF, 40FG or 40G
unless they are referred terms and
conditions.".
(3) In section 40H(2) of the Principal Act omit
35 "prices," (wherever occurring).
561286B.I-11/3/2009 14 BILL LA INTRODUCTION 11/3/2009
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s. 8
(4) For section 40H(3) of the Principal Act
substitute--
"(3) To avoid doubt, referred terms and
conditions--
5 (a) that are superseded by declared general
feed-in terms and conditions are not to
be taken to have taken effect;
(b) that are superseded by declared
premium solar feed-in terms and
10 conditions are not to be taken to have
taken effect.
(4) In subsection (3)--
declared general feed-in terms and
conditions means the terms and
15 conditions declared under section
40M(2)(a) to apply to the purchases of
small renewable energy generation
electricity by the relevant licensee
named in the declaration under that
20 section;
declared premium solar feed-in terms and
conditions means the terms and
conditions declared under section
40MA(2)(a) to apply to the purchases
25 of qualifying solar energy generation
electricity by the relevant licensee or
small retail licensee named in the
declaration under that section.".
8 Reference of small renewable energy generation
30 electricity feed-in offers to Commission
(1) In the heading to section 40I of the Principal Act,
for "prices, terms and conditions" substitute
"feed-in offers".
561286B.I-11/3/2009 15 BILL LA INTRODUCTION 11/3/2009
Electricity Industry Amendment (Premium Solar Feed-in Tariff) Bill 2009
s. 8
(2) For section 40I(1) of the Principal Act
substitute--
"(1) The Minister, by written notice, may--
(a) refer general renewable energy feed-in
5 terms and conditions or premium solar
feed-in tariff terms and conditions to
the Commission for assessment as to
whether they are fair and reasonable if
the Minister considers that, in either
10 case, at least one term or condition may
not be fair and reasonable; or
(b) if a licensee is a non-complying
licensee, request the Commission to
determine--
15 (i) in the case of a relevant licensee
that has not complied with section
40G(1), fair and reasonable
general renewable energy feed-in
terms and conditions to apply to
20 small renewable energy
generation electricity purchased
from a relevant generator by that
licensee;
(ii) in the case of a relevant licensee
25 that has not complied with section
40FF(1) or a small retail licensee
that has not complied with section
40FG(3), premium solar feed-in
tariff terms and conditions to
30 apply to qualifying solar energy
generation electricity purchased
from a qualifying customer by that
relevant licensee or small retail
licensee.".
561286B.I-11/3/2009 16 BILL LA INTRODUCTION 11/3/2009
Electricity Industry Amendment (Premium Solar Feed-in Tariff) Bill 2009
s. 9
(2) In section 40I(2) of the Principal Act--
(a) for "prices, terms and conditions" (where
first occurring) substitute "general
renewable energy feed-in terms and
5 conditions or premium solar feed-in tariff
terms and conditions";
(b) omit "prices," (where secondly occurring).
9 Commission assessment
(1) In the heading to section 40J of the Principal Act,
10 for "prices," substitute "feed-in".
(2) In section 40J(1)(a) of the Principal Act, for "the
referred prices," substitute "referred".
(3) For section 40J(2) of the Principal Act
substitute--
15 "(2) In the case of referred terms and conditions
that are premium solar feed-in tariff terms
and conditions, the Commission must not--
(a) assess the statutory minimum
conditions as to whether they are fair
20 and reasonable; or
(b) recommend any amount or price for
qualifying solar energy generation
electricity supplied by a qualifying
customer to a relevant licensee or a
25 small retail licensee that differs from
the premium solar feed-in credit.
(2A) If the Commission assesses any of the
referred terms and conditions as not being
fair and reasonable, the Commission must, in
30 its report to the Minister--
(a) in the case of referred terms and
conditions that are general renewable
energy feed-in terms and conditions,
recommend to the Minister prices,
561286B.I-11/3/2009 17 BILL LA INTRODUCTION 11/3/2009
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s. 9
terms and conditions it considers are
fair and reasonable;
(b) in the case of referred terms and
conditions that are premium solar feed-
5 in tariff terms and conditions,
recommend to the Minister terms and
conditions it considers are fair and
reasonable.".
(4) In section 40J(3) of the Principal Act, for "ESC
10 recommended prices, terms and conditions"
substitute "ESC recommended general feed-in
terms and conditions".
(5) After section 40J(3) of the Principal Act insert--
"(3A) ESC recommended premium solar feed-in
15 terms and conditions must include--
(a) terms and conditions that are consistent
with the statutory minimum conditions;
and
(b) either or both of the following--
20 (i) a variation to any other term or
condition that the Commission has
(as part of the assessment)
assessed as not being fair and
reasonable to make that term or
25 condition fair and reasonable;
(ii) a new term or condition to apply
in substitution of a term or
condition that the Commission has
(as part of the assessment)
30 assessed as not being fair and
reasonable.".
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s. 10
(6) In section 40J(4) of the Principal Act, for "ESC
recommended prices, terms and conditions"
substitute "ESC recommended general feed-in
terms and conditions and ESC recommended
5 premium solar feed-in terms and conditions".
10 Certain Commission assessment reports to be made
publicly available
In section 40K of the Principal Act omit "prices,".
11 Commission determination of small renewable
10 energy generation prices, terms and conditions
For section 40L(1) and (2) of the Principal Act
substitute--
"(1) The Commission must determine--
(a) the prices, terms and conditions on the
15 Minister's request under section
40I(1)(b)(i);
(b) the terms and conditions on the
Minister's request under section
40I(1)(b)(ii).
20 (2) The Commission must report to the Minister
on a determination under subsection (1).
(2A) Prices, terms and conditions that are
determined under subsection (1)(a) must be
fair and reasonable.
25 (2B) Terms and conditions determined under
subsection (1)(b)--
(a) must include terms and conditions that
are consistent with the statutory
minimum conditions; and
30 (b) in the case of terms and conditions that
are not the statutory minimum
conditions, must be fair and
reasonable.".
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s. 12
12 New section 40M substituted and new sections
40MA to 40ME inserted
For section 40M of the Principal Act substitute--
"40M Declaration of small renewable energy
5 generation electricity general feed-in
terms and conditions
(1) This section applies if the Minister receives a
report from the Commission under--
(a) section 40J containing ESC
10 recommended general feed-in terms
and conditions; or
(b) section 40L containing ESC determined
general feed-in terms and conditions.
(2) The Minister, by notice published in the
15 Government Gazette, may declare that--
(a) ESC recommended general feed-in
terms and conditions apply to the
purchase of small renewable energy
generation electricity by the relevant
20 licensee named in the declaration
whose prices, terms and conditions
were assessed by the Commission as
not being fair and reasonable;
(b) ESC determined general feed-in terms
25 and conditions apply to the purchase of
small renewable energy generation
electricity by the non-complying
licensee named in the declaration.
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Electricity Industry Amendment (Premium Solar Feed-in Tariff) Bill 2009
s. 12
40MA Declaration of qualifying solar energy
generation electricity premium solar
feed-in terms and conditions
(1) This section applies if the Minister receives a
5 report from the Commission under--
(a) section 40J containing ESC
recommended premium solar feed-in
terms and conditions; or
(b) section 40L containing ESC determined
10 premium solar feed-in terms and
conditions.
(2) The Minister, by notice published in the
Government Gazette, may declare that--
(a) ESC recommended premium solar
15 feed-in terms and conditions apply to
the purchase of qualifying solar energy
generation electricity by the relevant
licensee or small retail licensee named
in the declaration whose terms and
20 conditions were assessed by the
Commission as not being fair and
reasonable;
(b) ESC determined premium solar feed-in
terms and conditions apply to the
25 purchase of qualifying solar energy
generation electricity by the non-
complying licensee named in the
declaration.
40MB When do declared ESC recommended
30 feed-in terms or conditions take effect?
(1) Declared ESC recommended feed-in terms
and conditions--
(a) supersede the referred terms and
conditions related to those
35 recommended feed-in terms and
561286B.I-11/3/2009 21 BILL LA INTRODUCTION 11/3/2009
Electricity Industry Amendment (Premium Solar Feed-in Tariff) Bill 2009
s. 12
conditions and that the Commission has
assessed in a report under section 40J
as not being fair and reasonable; and
(b) take effect on--
5 (i) the day the relevant notice is
published in the Government
Gazette under section 40M(2)(a)
or 40MA(2)(a) (as the case
requires); or
10 (ii) if the notice specifies a later day,
that day.
(2) In subsection (1)--
declared ESC recommended feed-in terms
and conditions means--
15 (a) the prices, terms and conditions
that have been declared under
section 40M(2)(a) to apply to the
purchase of small renewable
energy generation electricity; or
20 (b) the terms and conditions that have
been declared under section
40MA(2)(a) to apply to the
purchase of qualifying solar
energy generation electricity.
25 40MC When do declared ESC determined
feed-in terms or conditions take effect?
(1) Declared ESC determined feed-in terms and
conditions take effect on--
(a) the day the relevant notice is published
30 in the Government Gazette under
section 40M(2)(b) or 40MA(2)(b)
(as the case requires); or
(b) if the notice specifies a later day, that
day.
561286B.I-11/3/2009 22 BILL LA INTRODUCTION 11/3/2009
Electricity Industry Amendment (Premium Solar Feed-in Tariff) Bill 2009
s. 12
(2) In subsection (1)--
declared ESC determined feed-in terms and
conditions means--
(a) the prices, terms and conditions
5 that have been declared under
section 40M(2)(b) to apply to the
purchase of small renewable
energy generation electricity; or
(b) the terms and conditions that have
10 been declared under section
40MA(2)(b) to apply to the
purchase of qualifying solar
energy generation electricity.
40MD Licence condition applying to relevant
15 licensee named in Ministerial declaration
A licence to sell electricity held by a relevant
licensee named in--
(a) a declaration under section 40M(2) is
deemed to include a condition requiring
20 that licensee to offer to purchase small
renewable energy generation electricity
from a relevant generator at the prices,
and on the terms and conditions,
declared under that declaration to apply
25 to those purchases;
(b) a declaration under section 40MA(2) is
deemed to include a condition requiring
that licensee to offer to purchase
qualifying solar energy generation
30 electricity from a qualifying customer
on the terms and conditions declared
under that declaration to apply to those
purchases.
561286B.I-11/3/2009 23 BILL LA INTRODUCTION 11/3/2009
Electricity Industry Amendment (Premium Solar Feed-in Tariff) Bill 2009
s. 13
40ME Licence condition applying to small retail
licensee named in Ministerial declaration
A licence to sell electricity held by a small
retail licensee named in a declaration under
5 section 40MA(2) is deemed to include a
condition requiring that licensee to offer to
purchase qualifying solar energy generation
electricity from a qualifying customer on the
terms and conditions declared under that
10 declaration to apply to those purchases.".
13 Consequential amendments to provision requiring
Internet publication of general feed-in offers
(1) In section 40N(1) of the Principal Act--
(a) for "prices, terms and conditions" substitute
15 "general renewable energy feed-in terms and
conditions";
(b) omit "prices," (where secondly and fourthly
occurring);
(c) for "referred prices, terms and conditions"
20 substitute "referred terms and conditions";
(d) for "ESC recommended prices, terms and
conditions" (wherever occurring) substitute
"ESC recommended general feed-in terms
and conditions".
25 (2) In section 40N(2) of the Principal Act, for "ESC
determined prices, terms and conditions" (where
twice occurring) substitute "ESC determined
general feed-in terms and conditions".
561286B.I-11/3/2009 24 BILL LA INTRODUCTION 11/3/2009
Electricity Industry Amendment (Premium Solar Feed-in Tariff) Bill 2009
s. 14
14 New sections 40NA and 40NB inserted
After section 40N of the Principal Act insert--
"40NA Retailer Internet site must be up to date
for premium solar feed-in tariff offers
5 (1) A relevant licensee that publishes premium
solar feed-in tariff terms and conditions in
accordance with the condition set out in
section 40FF(1) or a small retail licensee that
publishes premium solar feed-in tariff terms
10 and conditions in accordance with the
condition set out in section 40FG(3) must--
(a) if those terms and conditions become
referred terms and conditions, publish
on its Internet site a note informing the
15 public of that referral and that explains
the effect of that referral; and
(b) if those terms and conditions are
superseded by terms and conditions
declared under section 40MA(2)(a) as
20 applying to purchases of qualifying
solar energy generation electricity by
the licensee, publish on its Internet
site--
(i) a note to that effect; and
25 (ii) the terms and conditions that
apply; and
(iii) the day on which the terms and
conditions that apply take effect.
(2) A relevant licensee or small retail licensee
30 that is a non-complying licensee must
publish on its Internet site--
(a) the terms and conditions that have been
declared under section 40MA(2)(b) as
applying to purchases of qualifying
561286B.I-11/3/2009 25 BILL LA INTRODUCTION 11/3/2009
Electricity Industry Amendment (Premium Solar Feed-in Tariff) Bill 2009
s. 14
solar energy generation electricity by
the licensee; and
(b) the day on which the terms and
conditions that apply take effect.
5 40NB Review of premium solar feed-in tariff
scheme
(1) The Minister must cause an independent
review of the operation of the amendments
made to this Division by the Electricity
10 Industry Amendment (Premium Solar
Feed-in Tariff) Act 2009.
(2) The review must be undertaken by 30 June
2012.
(3) For the purpose of assisting the undertaking
15 of a review, a licensee, if requested to do so
by the Minister, must, by 1 July 2010 and
1 July 2011, give the persons undertaking the
review the following information--
(a) if the licensee is a retailer--
20 (i) the number of qualifying
customers supplying qualifying
solar energy generation electricity
to that retailer at that date;
(ii) the amount of qualifying solar
25 energy generation electricity
supplied to that retailer at that
date;
(b) if the licensee is a distribution
company--
30 (i) the number of qualifying solar
energy generating facilities
connected to a distribution system
operated by that company at the
end of the years 2009 and 2010
35 respectively;
561286B.I-11/3/2009 26 BILL LA INTRODUCTION 11/3/2009
Electricity Industry Amendment (Premium Solar Feed-in Tariff) Bill 2009
s. 14
(ii) an aggregate of the installed or
name-plate generating capacity of
qualifying solar energy generating
facilities connected to a
5 distribution system operated by
that company at the end of the
years 2009 and 2010 respectively;
(iii) the amount of qualifying solar
energy generation electricity that
10 is conveyed along a distribution
system operated by that
distribution company in the years
2009 and 2010 respectively.
(4) A person who undertakes the review must
15 give the Minister a written report of the
review.
(5) The Minister must cause a copy of the report
of the review to be laid before each House of
the Parliament.
20 (6) In this section--
independent review means a review by
persons who--
(a) in the opinion of the Minister
possess appropriate qualifications
25 to undertake the review; and
(b) include one or more persons who
are not employed by the State or a
State authority and have not, since
the commencement of section 5 of
30 the Electricity Industry
Amendment (Premium Solar
Feed-in Tariff) Act 2009,
provided services to the State or a
State authority under or in
35 connection with a contract.".
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Electricity Industry Amendment (Premium Solar Feed-in Tariff) Bill 2009
s. 15
15 Amendment of National Electricity (Victoria) Act
2005--regulatory obligation or payments
After section 16 of the National Electricity
(Victoria) Act 2005 insert--
5 "16A Solar feed-in credit obligation is a
regulatory obligation or requirement
(1) During the relevant solar feed-in tariff period
for a regulated distribution system operator
that is a distribution company--
10 (a) Division 5A of Part 2 of the Electricity
Industry Act 2000 is deemed to be an
Act of this jurisdiction that relates to
the protection of the environment
referred to in section 2D(1)(b)(iv) of
15 the National Electricity (Victoria) Law;
and
(b) the solar feed-in credit obligation is
deemed to be an obligation under the
Electricity Industry Act 2000.
20 (2) In this section--
distribution company has the same meaning
as the Electricity Industry Act 2000;
distribution obligation period has the same
meaning as in section 40F(1) of the
25 Electricity Industry Act 2000;
relevant solar feed-in tariff period, for a
regulated distribution system operator
that is a distribution company, means
the period--
30 (a) commencing on the day after the
Victorian distribution pricing
determination end date; and
561286B.I-11/3/2009 28 BILL LA INTRODUCTION 11/3/2009
Electricity Industry Amendment (Premium Solar Feed-in Tariff) Bill 2009
s. 16
(b) ending on the day the distributor
obligation period that applies to
that operator ends;
solar feed-in credit obligation means an
5 obligation on a regulated distribution
system operator that is a distribution
company arising because of section
40FH(2) of the Electricity Industry
Act 2000.".
10 16 Repeal of amending Act
This Act is repealed on 1 July 2012.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
15 Interpretation of Legislation Act 1984).
561286B.I-11/3/2009 29 BILL LA INTRODUCTION 11/3/2009
Electricity Industry Amendment (Premium Solar Feed-in Tariff) Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561286B.I-11/3/2009 30 BILL LA INTRODUCTION 11/3/2009
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