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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Electricity Supply Amendment
(Greenhouse Gas Abatement Scheme)
Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Electricity Supply Act 1995 No 94 2
4 Amendment of Electricity Supply (General)
Regulation 2001 2
5 Repeal of Act 2
Schedule 1 Amendment of Electricity Supply Act 1995 3
Schedule 2 Amendment of Electricity Supply (General)
Regulation 2001 7
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, , 2006
New South Wales
Electricity Supply Amendment
(Greenhouse Gas Abatement Scheme)
Bill 2006
Act No , 2006
An Act to amend the Electricity Supply Act 1995 with respect to greenhouse gas
benchmarks; 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.
Chairman of Committees of the Legislative Assembly.
Electricity Supply Amendment (Greenhouse Gas Abatement Scheme)
Clause 1 Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Electricity Supply Amendment (Greenhouse Gas
Abatement Scheme) Act 2006.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Electricity Supply Act 1995 No 94
The Electricity Supply Act 1995 is amended as set out in Schedule 1.
4 Amendment of Electricity Supply (General) Regulation 2001
The Electricity Supply (General) Regulation 2001 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(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(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
Electricity Supply Amendment (Greenhouse Gas Abatement Scheme)
Bill 2006
Amendment of Electricity Supply Act 1995 Schedule 1
Schedule 1 Amendment of Electricity Supply Act
1995
(Section 3)
[1] Section 97B State greenhouse gas benchmarks
Omit section 97B (1) (e). Insert instead:
(e) for each of the years commencing 1 January 2007 and
ending on 31 December 2021 and each subsequent year,
7.27 tonnes of carbon dioxide equivalent of greenhouse
gas emissions per head of State population.
[2] Section 97CA Greenhouse penalties
Omit section 97CA (2). Insert instead:
(2) The amount of the greenhouse penalty per tonne of carbon
dioxide equivalent of greenhouse shortfall determined under this
Part is the following amount, as adjusted in accordance with any
regulations made under subsection (3):
(a) for the year concerned before the year commencing
1 January 2010--$11.50,
(b) for the year commencing 1 January 2010--$12.50,
(c) for the year commencing 1 January 2011--$13.50,
(d) for the year commencing 1 January 2012--$14.50,
(e) for the year commencing 1 January 2013 and each
subsequent year--$15.50.
[3] Section 97DD Conditions of accreditation
Omit section 97DD (2).
[4] Section 97DD (3) (a) and (b)
Omit "for the purposes of compliance with another mandatory scheme
(whether of this State or another jurisdiction)" wherever occurring.
Insert instead "for the purposes of compliance with another scheme (whether
mandatory or voluntary and whether or not imposed by or under a law of this
State or another jurisdiction or otherwise), or in accordance with any
agreement, arrangement or undertaking of any kind,".
Page 3
Electricity Supply Amendment (Greenhouse Gas Abatement Scheme)
Bill 2006
Schedule 1 Amendment of Electricity Supply Act 1995
[5] Section 97DDA
Insert after section 97DD:
97DDA Variation or revocation of conditions of accreditation
(1) An accredited abatement certificate provider may apply to the
Scheme Administrator for the variation or revocation of any
condition of accreditation imposed by the Scheme Administrator
under section 97DD (1) (b).
(2) The regulations may make provision for or with respect to the
variation or revocation of any conditions of accreditation that are
imposed by the Scheme Administrator, including the fee (if any)
to be paid to the Scheme Administrator in respect of an
application under subsection (1).
(3) The Scheme Administrator may charge a fee (in addition to any
application fee) in respect of the investigation and determination
of an application under subsection (1). The fee is to be
determined by the Scheme Administrator on a cost recovery
basis.
[6] Section 97GBA
Insert after section 97GB:
97GBA Information from registers
(1) The Scheme Administrator may compile information concerning
the following from the register of accredited abatement
certificate providers and the register of abatement certificates:
(a) the creation or cancellation of abatement certificates under
this Part,
(b) current and previous registered owners of abatement
certificates,
(c) the transfer of abatement certificates,
(d) other information of a kind prescribed by the regulations.
(2) The Scheme Administrator may make information compiled
under subsection (1) available for public inspection (free of
charge) in such form as the Administrator thinks fit.
[7] Section 97HF Annual report by Tribunal
Omit "30 June" from section 97HF (1). Insert instead "31 July".
Page 4
Electricity Supply Amendment (Greenhouse Gas Abatement Scheme)
Bill 2006
Amendment of Electricity Supply Act 1995 Schedule 1
[8] Part 8A, Division 12
Insert after Division 11:
Division 12 Termination of operation of Part
97KB Termination of operation of Part on establishment of national
scheme for reduction of greenhouse gas emissions
(1) The Governor may, by proclamation published in the Gazette,
terminate the operation of any or all of the provisions of this Part.
(2) A proclamation may be made only if the Minister has certified to
the Governor that the Minister is satisfied that New South Wales
is, or will be, a participant in a scheme that:
(a) has been or will be established (either nationally or in this
State and at least one or more other States or Territories),
and
(b) is designed to achieve outcomes that include the reduction
of greenhouse gas emissions associated with the
production and use of electricity and encouragement of
participation in activities to offset the production of
greenhouse gas emissions nationally or in the participating
jurisdictions.
(3) The termination of the operation of the provisions concerned
takes effect on the day (not being a day earlier than the day on
which the proclamation is published in the Gazette) specified in
the proclamation.
(4) The day specified in the proclamation must not be a day that is
earlier than the day on which New South Wales becomes, or will
become, a participant in the scheme concerned.
(5) Regulations may be made for or with respect to the effect of the
termination of any provisions on rights conferred or obligations
imposed under this Part.
(6) Without limiting subsection (5), regulations may specify
conditions that must be complied with in respect of termination
of a provision.
[9] Schedule 6 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Electricity Supply Amendment (Greenhouse Gas Abatement
Scheme) Act 2006
Page 5
Electricity Supply Amendment (Greenhouse Gas Abatement Scheme)
Bill 2006
Schedule 1 Amendment of Electricity Supply Act 1995
[10] Schedule 6, Part 8
Insert after Part 7:
Part 8 Provisions consequent on enactment of
Electricity Supply Amendment
(Greenhouse Gas Abatement Scheme) Act
2006
50 Greenhouse penalties
The amount of greenhouse penalty determined in accordance
with section 97CA and clause 73C of the Electricity Supply
(General) Regulation 2001, as in force immediately before the
commencement of Schedule 1 [2] to the Electricity Supply
Amendment (Greenhouse Gas Abatement Scheme) Act 2006, is
the amount of greenhouse penalty for the year commencing 1
January 2006.
51 Variation or revocation of conditions of accreditation
Section 97DDA, as inserted by Schedule 1 [5] to the Electricity
Supply Amendment (Greenhouse Gas Abatement Scheme) Act
2006, extends to the variation or revocation of a condition of
accreditation imposed before the commencement of that item.
Page 6
Electricity Supply Amendment (Greenhouse Gas Abatement Scheme)
Bill 2006
Amendment of Electricity Supply (General) Regulation 2001 Schedule 2
Schedule 2 Amendment of Electricity Supply
(General) Regulation 2001
(Section 4)
[1] Clause 73C CPI adjustment to greenhouse penalty
Omit "M is the greenhouse penalty for the previous year" from clause 73C (1).
Insert instead "M is the greenhouse penalty specified for the year concerned in
section 97CA (2) of the Act".
[2] Clause 73C (1)
Omit "B is the sum of the consumer price index numbers for each quarter of
the year 2 years previous to the year commencing on 1 July when the
adjustment is to be made".
Insert instead "B is the sum of the consumer price index numbers for each
quarter of the year commencing 1 July 2005".
Page 7
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