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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Energy and Utilities Administration
Amendment (Climate Change Fund)
Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Energy and Utilities Administration Act 1987
No 103 2
4 Consequential amendment of Electricity Supply Act 1995
No 94 2
5 Repeal of Act 2
Schedule 1 Amendment of Energy and Utilities Administration Act 1987 3
Schedule 2 Consequential amendment of Electricity Supply Act 1995 9
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2007
New South Wales
Energy and Utilities Administration
Amendment (Climate Change Fund)
Bill 2007
Act No , 2007
An Act to amend the Energy and Utilities Administration Act 1987 to establish the
Climate Change Fund and to specify the purposes for which it may be applied; and
for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Energy and Utilities Administration Amendment (Climate Change Fund)
Clause 1 Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Energy and Utilities Administration Amendment
(Climate Change Fund) Act 2007.
2 Commencement
This Act commences or is taken to have commenced on 1 July 2007.
3 Amendment of Energy and Utilities Administration Act 1987 No 103
The Energy and Utilities Administration Act 1987 is amended as set out
in Schedule 1.
4 Consequential amendment of Electricity Supply Act 1995 No 94
The Electricity Supply Act 1995 is amended as set out in Schedule 2.
5 Repeal of Act
(1) This Act is repealed on the day following the day on which this Act
commences.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Energy and Utilities Administration Amendment (Climate Change Fund)
Bill 2007
Amendment of Energy and Utilities Administration Act 1987 Schedule 1
Schedule 1 Amendment of Energy and Utilities
Administration Act 1987
(Section 3)
[1] Section 3 Definitions
Insert the following definitions in alphabetical order in section 3 (1):
Climate Change Fund means the Climate Change Fund
established under section 34E.
contributions order means an order under section 34J.
[2] Section 3 (1), definitions of "Energy Savings Fund" and "Water Savings
Fund"
Omit the definitions.
[3] Part 6A, Divisions 2 and 3
Omit the Divisions. Insert instead:
Division 2 Climate Change Fund
34E Establishment of Climate Change Fund
There is to be established in the Special Deposits Account a fund
called the "Climate Change Fund" (referred to in this Part as the
Fund).
34F Purposes of Climate Change Fund
The purposes of the Fund are as follows:
(a) to provide funding to reduce greenhouse gas emissions and
the impacts of climate change associated with water and
energy activities,
(b) to provide funding to encourage water and energy savings
and the recycling of water,
(c) to provide funding to reduce the demand for water and
energy, including addressing peak demand for energy,
(d) to provide funding to stimulate investment in innovative
water and energy savings measures,
(e) to provide funding to increase public awareness and
acceptance of the importance of climate change and water
and energy savings measures,
(f) to provide funding for contributions made by the State for
the purposes of national energy regulation.
Page 3
Energy and Utilities Administration Amendment (Climate Change Fund)
Bill 2007
Schedule 1 Amendment of Energy and Utilities Administration Act 1987
34G Payments into Climate Change Fund
(1) There is payable into the Fund:
(a) all money received from contributions required to be made
to the Fund under Division 3, and
(b) all money advanced by the Treasurer for the Fund, and
(c) all money appropriated by Parliament for the purposes of
the Fund, and
(d) the proceeds of the investment of money in the Fund, and
(e) all money directed or authorised to be paid into the Fund
by or under this or any other Act or law, and
(f) all money received from voluntary contributions to the
Fund made by any other person or body.
(2) Without limiting subsection (1) (f), State agencies are authorised
by this section to make voluntary contributions to the Fund.
(3) Subsection (2) does not authorise a State water agency or a
distribution network service provider to refuse to pay a
contribution to the Fund that is payable under Division 3.
34H Payments out of Climate Change Fund
(1) There is payable from the Fund:
(a) any money approved by the Minister to fund all or any part
of the cost of any measure that the Minister is satisfied
promotes a purpose referred to in section 34F, and
(b) any money approved by the Minister to fund all or any part
of the contributions that the State is required to make for
the purposes of national energy regulation, and
(c) any money required to meet administrative expenses
related to the Fund, and
(d) any money required to meet administrative expenses of the
Minister in connection with the Minister's functions under
this Act in relation to savings action plans, and
(e) any money directed or authorised to be paid from the Fund
by or under this or any other Act or law.
(2) In exercising the Minister's functions under subsection (1) (a)
(but without limiting the generality of that paragraph), the
Minister may:
(a) approve selection criteria from time to time to be applied
to determine the kinds of water or energy savings measures
that will be eligible for funding, and
Page 4
Energy and Utilities Administration Amendment (Climate Change Fund)
Bill 2007
Amendment of Energy and Utilities Administration Act 1987 Schedule 1
(b) approve the funding of community grants from the Fund,
being grants awarded on the basis of their merit in
advancing one or more of the purposes referred to in
section 34F, established through a competitive selection
process, and
(c) require a person or body seeking funding for a water or
energy savings measure to do either or both of the
following as a precondition to applying for or obtaining
funding:
(i) to submit a water savings action plan or energy
savings action plan (as the case requires) that
includes details about the measure,
(ii) to provide any other information requested by the
Minister about the measure, and
(d) obtain and have regard to any advice, recommendations or
other information provided to the Minister by a committee
established by the Minister under Division 5, or by any
other person or body, that the Minister considers relevant.
(3) The Minister is to produce an annual report detailing fund
allocations and programs and anticipated benefits, by reference to
key performance indicators, to be achieved in advancing any one
or more of the purposes referred to in section 34F.
(4) The annual report is to include an evaluation of the effectiveness
of each program as it is completed under the Fund.
(5) The annual report is to be tabled in each House of Parliament
within 6 months after the end of the financial year to which it
relates.
(6) The Minister is to publish each annual report so as to promote, to
the NSW public, schemes, technologies and processes that
address climate change and to inform the NSW public about
consumer choices and procurement decisions.
34I Investment of money in Climate Change Fund
The Minister may invest money in the Fund:
(a) in such manner as may be authorised by the Public
Authorities (Financial Arrangements) Act 1987, or
(b) if that Act does not confer power on the Minister to invest
the money, in any other manner approved by the Treasurer.
Page 5
Energy and Utilities Administration Amendment (Climate Change Fund)
Bill 2007
Schedule 1 Amendment of Energy and Utilities Administration Act 1987
Division 3 Required contributions to Climate Change
Fund
34J Minister may require State water agencies or distribution network
service providers to make contributions to Climate Change Fund
(1) The Minister may, by order published in the Gazette, require any
one or more State water agencies or distribution network service
providers to make an annual contribution for a specified financial
year to the Fund.
Note. The Minister may amend or repeal an order made under this
section. See section 43 of the Interpretation Act 1987.
(2) A contributions order:
(a) must specify the annual contributions payable by each
State water agency or distribution network service
provider to which the order applies (being an amount that
does not exceed the maximum amount, if any, prescribed
by the regulations), and
(b) may specify that an annual contribution may be paid by
instalments during the financial year to which the order
applies, and
(c) must specify the time or, in the case of an annual
contribution that is payable by instalments, the times at
which any contribution required under the order is to be
made, and
(d) may be made before or during the financial year to which
the order relates.
34K General provisions relating to contributions orders
(1) The Minister is to cause a copy of a contributions order to be
served on the State water agencies or distribution network service
providers to which the order applies as soon as is reasonably
practicable after the order is published in the Gazette.
(2) A failure to comply with subsection (1) does not affect the
validity of a contributions order.
(3) Despite any other Act or law, a State water agency or distribution
network service provider to which a contributions order applies
must pay into the Fund such amounts at such times as may be
required by the order.
(4) An amount that is payable by a State water agency or distribution
network service provider under a contributions order may be
recovered by the Minister as a debt in any court of competent
jurisdiction for payment into the Fund.
Page 6
Energy and Utilities Administration Amendment (Climate Change Fund)
Bill 2007
Amendment of Energy and Utilities Administration Act 1987 Schedule 1
34L Special provisions relating to contributions orders applying to
State water agencies
(1) If a State water agency to which a proposed contributions order
is to apply is constituted by or under an Act that is administered
by a Minister other than the Minister administering section 34J of
this Act, the order may be made only with the concurrence of the
Minister administering the Act by or under which the agency is
constituted.
(2) If a State water agency to which a proposed contributions order
is to apply is a local water utility within the meaning of the Water
Management Act 2000 but not a State owned corporation, the
Minister must consult with each of the following before making
the order:
(a) the State water agency,
(b) the Local Government and Shires Associations of New
South Wales.
(3) If the Independent Pricing and Regulatory Tribunal is required by
or under the Independent Pricing and Regulatory Tribunal Act
1992 to determine a maximum price for a water service provided
by a State water agency, any requirement imposed on the agency
by a contributions order to pay an amount into the Fund is to be
treated for the purposes of section 16A of that Act as a
requirement with which the agency must comply in providing the
service.
Note. Section 16A of the Independent Pricing and Regulatory Tribunal
Act 1992 enables the Minister responsible for a government agency to
direct the Tribunal, when it makes a determination of the maximum price
for a government monopoly service provided by the agency, to include
in the maximum price an amount representing the efficient cost of
complying with a specified requirement imposed on the agency. It also
enables the Minister to direct the Tribunal, when it makes a
determination of the methodology for fixing the maximum price for the
service, to include in the methodology a factor representing such a cost.
34M Special provisions relating to contributions orders applying to
distribution network service providers
A proposed contributions order that is to apply to a distribution
network service provider may be made only with:
(a) the concurrence of the Treasurer, and
(b) if section 14 (Licences) of the Electricity Supply Act 1995
is administered by a Minister other than the Minister
administering section 34J of this Act--the concurrence of
the Minister administering section 14 of that Act.
Page 7
Energy and Utilities Administration Amendment (Climate Change Fund)
Bill 2007
Schedule 1 Amendment of Energy and Utilities Administration Act 1987
[4] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Energy and Utilities Administration Amendment (Climate
Change Fund) Act 2007
[5] Schedule 2, Part 5
Insert after Part 4:
Part 5 Provisions consequent on enactment of
Energy and Utilities Administration
Amendment (Climate Change Fund) Act
2007
12 Continuity of Fund
The Climate Change Fund is a continuation of the Water Savings
Fund and the Energy Savings Fund operating under this Act
immediately before the commencement of the Energy and
Utilities Administration Amendment (Climate Change Fund) Act
2007.
13 Existing contributions orders
Any order in force under section 34J or 34P of this Act as in force
immediately before the commencement of the Energy and
Utilities Administration Amendment (Climate Change Fund) Act
2007 is taken to be a contributions order in force under section
34J (as substituted by that Act).
Page 8
Energy and Utilities Administration Amendment (Climate Change Fund)
Bill 2007
Consequential amendment of Electricity Supply Act 1995 Schedule 2
Schedule 2 Consequential amendment of Electricity
Supply Act 1995
(Section 4)
[1] Part 4, Division 3A, heading
Omit "Energy Savings Fund". Insert instead "Climate Change Fund".
[2] Section 42A Definitions
Omit the definition of Energy Savings Fund. Insert instead:
Climate Change Fund means the Climate Change Fund
established under section 34E of the Energy and Utilities
Administration Act 1987.
[3] Section 42A, definition of "Fund contribution"
Omit "Energy Savings Fund by an order made under section 34P".
Insert instead "Climate Change Fund by an order made under section 34J".
Page 9
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