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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Electricity Supply Amendment (Solar
Bonus Scheme) Bill 2010
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Electricity Supply Act 1995 No 94 3
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, , 2010
New South Wales
Electricity Supply Amendment (Solar
Bonus Scheme) Bill 2010
Act No , 2010
An Act to amend the Electricity Supply Act 1995 with respect to the solar bonus
scheme (being the scheme for the payment of electricity supplied to the network by
small retail customers using complying generators).
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.
Clause 1 Electricity Supply Amendment (Solar Bonus Scheme) Bill 2010
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Electricity Supply Amendment (Solar Bonus Scheme)
Act 2010.
2 Commencement
This Act is taken to have commenced at the beginning of the day
following the day on which the Bill for this Act was first introduced into
Parliament.
Page 2
Electricity Supply Amendment (Solar Bonus Scheme) Bill 2010
Amendment of Electricity Supply Act 1995 No 94 Schedule 1
Schedule 1 Amendment of Electricity Supply Act
1995 No 94
[1] Section 15A Distribution network service providers to allow small
renewable energy generators to feed-in to network
Omit "$0.60" from section 15A (5).
Insert instead "$0.20 (or such other amount as may be prescribed by the
regulations)".
[2] Section 15A (7)
Omit "a report within 28 days after 30 June and 31 December in each year that
sets out".
Insert instead "the following information at such times as may be prescribed
by the regulations".
[3] Section 15A (7) (d)
Omit "each month for the 12 month period ending on 30 June or 31 December
as the case may be".
Insert instead "such periods as may be prescribed by the regulations".
[4] Section 15A (8A)(8F)
Insert after section 15A (8):
(8A) The Director-General or a distribution network service provider
may, at any time, require a person to provide information by
statutory declaration in order to determine the person's eligibility
to have a credit recorded in respect of the person under this
section.
(8B) A person must within 7 days after any change in the person's
circumstances (including any change to a generator on premises
owned or occupied by the person) notify a distribution network
service provider of that change if the change may cause the
person to be no longer eligible to have a credit recorded (or to
have a credit recorded at a particular rate) by the provider in
respect of the person under this section.
Maximum penalty: 1,000 penalty units.
(8C) The Minister may, by notice published in the Gazette, declare
that as from a specified date, no payments will be made under the
scheme established by this section in respect of new applicants.
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Electricity Supply Amendment (Solar Bonus Scheme) Bill 2010
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
(8D) The Minister may publish a notice under this section only if the
Minister is satisfied that the total generating capacity of all
complying generators installed and connected under this section
has reached 300 megawatts.
(8E) A distribution network service provider is not to record a credit
under this section, and a retail supplier is not to pay an amount
under section 34A, in respect of electricity produced by a
generator that is first connected to the distribution network on or
after the date specified in a notice under this section.
(8F) The regulations may contain provisions of a savings or
transitional nature consequent on the making of a regulation
under subsection (5) or the publication of a notice under
subsection (8C).
[5] Section 15A (9)
Omit "is". Insert instead "and section 34A are".
[6] Section 179A Compensation not payable
Insert after section 179A (1):
(1A) Compensation is not payable by or on behalf of the State:
(a) because of the enactment, making or operation of the
Electricity Supply Amendment (Solar Bonus Scheme) Act
2009 or the Electricity Supply Amendment (Solar Bonus
Scheme) Act 2010 (including a provision inserted in this
Act by either of those Acts and an instrument made under
any such provision), or
(b) because of any consequence of any such enactment,
making or operation, or
(c) because of any statement or conduct relating to any such
enactment, making or operation, or
(d) because of any statement or conduct relating to the rate at
which a credit would be recorded under the solar bonus
scheme (being the scheme for the payment of electricity
supplied to the network by small retail customers using
complying generators), the persons who would be eligible
to receive a credit under the scheme or the duration of the
scheme.
[7] Section 195 Review of solar bonus scheme by Minister
Omit "or as soon as the Minister becomes aware that the total generating
capacity of all complying generators reaches 50 megawatts, whichever occurs
first" from section 195 (2).
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Electricity Supply Amendment (Solar Bonus Scheme) Bill 2010
Amendment of Electricity Supply Act 1995 No 94 Schedule 1
[8] Section 195 (3) and (4)
Omit section 195 (3). Insert instead:
(3) The Minister is also to conduct a final review of the scheme as
soon as possible after 31 December 2016 to consider whether the
scheme achieved its policy objectives.
(4) A report on the outcome of a review under this section is to be
tabled in each House of Parliament.
[9] Schedule 6 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Electricity Supply Amendment (Solar Bonus Scheme) Act 2010
[10] Schedule 6, clause 60 (1)
Omit "of $0.60 per kilowatt hour that is".
[11] Schedule 6, clause 60 (2)
Omit "the rate of $0.60". Insert instead "a rate".
[12] Schedule 6, Part 11
Insert after Part 10:
Part 11 Provisions consequent on enactment of
Electricity Supply Amendment (Solar
Bonus Scheme) Act 2010
61 Complying generators connected before scheme closed
(1) The rate at which a credit is to be recorded by a distribution
network service provider in respect of electricity generated by a
small retail customer is to be $0.60 per kilowatt hour if the
electricity is generated by a complying generator (including a
generator that is taken to be a complying generator because of
clause 60) that:
(a) was first connected to the distribution network before the
commencement of the amending Act, or
(b) was first connected to the distribution network after that
commencement and complies with the transitional
requirements of subclause (2) for the $0.60 per kilowatt
hour rate, or
(c) is connected in circumstances prescribed by the
regulations, or
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Electricity Supply Amendment (Solar Bonus Scheme) Bill 2010
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
(d) replaces a generator referred to in paragraphs (a)(c) at the
same premises and is of no greater capacity than the
generator that is replaced.
(2) The following requirements are the transitional requirements for
the $0.60 per kilowatt hour rate for a generator first connected to
a distribution network after the commencement of the amending
Act:
(a) before that commencement, the small retail customer
concerned must have purchased or leased, or have entered
into a binding agreement to purchase or lease, the
generator,
(b) no later than 21 days after that commencement, the
distribution network service provider must have received
an application made by or on behalf of the small retail
customer for the connection of the generator to the
distribution network,
(c) any requirements of the regulations as to evidence to be
provided in connection with the requirements of
paragraphs (a) and (b) have been complied with.
(3) This clause ceases to apply in respect of a complying generator if
the capacity of the generator is increased after the
commencement of the amending Act.
(4) Subject to the regulations, this clause ceases to apply in respect
of a complying generator (including a generator that replaces that
generator) if there is a change, after the commencement of the
amending Act, in the person in respect of whom the credit is
recorded for electricity produced by the generator.
(5) An agreement entered into by a small retail customer to purchase
or lease a generator is a binding agreement for the purposes of
this clause even if the agreement permits the small retail
customer to terminate the agreement without penalty.
(6) In this clause:
amending Act means the Electricity Supply Amendment (Solar
Bonus Scheme) Act 2010.
62 Continuation of net metering schemes
(1) The obligation under section 15A of a distribution network
service provider to record a credit for electricity produced by a
complying generator and supplied to the distribution network is
an obligation to record a credit for the net electricity supplied by
the small retail customer (that is, for electricity supplied in excess
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Electricity Supply Amendment (Solar Bonus Scheme) Bill 2010
Amendment of Electricity Supply Act 1995 No 94 Schedule 1
of that being used by the customer) if the small retail customer
elects to have the credit recorded in that way.
(2) For the purposes of the operation of this clause (and the operation
of section 15A in accordance with this clause), a net feed-in
generator (within the meaning of clause 60) is taken to be a
complying generator.
(3) Nothing in this clause limits the operation of clause 60.
Page 7
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