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Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
This Bill is cognate with the Electricity Supply Bill 1995.
(a)
to establish certain statutory State owned corporations as electricity
generators and to set out their principal objectives and functions, and
(b) to establish certain statutory State owned corporations as energy
distributors and to set out their principal objectives and functions, and
(c)
to repeal and amend various Acts and instruments, and
(d) to enact consequential savings and transitional provisions.
* Amended in committee--see table at end of volume.
Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be proclaimed.
Clause 3 defines certain words and expressions for the purposes of the
proposed Act (electricity generator, energy distributor and energy services
corporation) and provides for certain other words and expressions to be
given the same meanings as they have in the State Owned Corporations Act
1989.
Part 2
Electricity generators
Clause 4 and Schedule 1 establish 2 electricity generator corporations
under the names of First State Power and Macquarie Generation. These
corporations are to be the offspring of Pacific Power. The clause amends the
State Owned Corporations Act 1989 so as to make these corporations
statutory State owned corporations within the meaning of that Act.
Clause 5 sets out the principal objectives of an electricity generator, which
are:
(a)
to be a successful business, and
(b)
to protect the environment, and
(c)
to be responsive to regional development and decentralisation, and
(d)
to operate efficient, safe and reliable facilities for the generation of
electricity, and
(e)
to be an efficient and responsible supplier of electricity, and
(f)
to be a successful participant in the wholesale market for electricity.
Clause 6 sets out the functions of an electricity generator, the principal of
which are:
(a)
to establish, maintain and operate facilities for the generation of
electricity and other forms of energy, and
(b)
to supply electricity and other forms of energy to other persons and
bodies.
Explanatory note page 2
Part 3
Energy distributors
Clause 7 and Schedule 1 establish 6 energy distributor corporations under
the names of the 6 electricity distributors which currently exist under the
Electricity Act 1945: being Energy South, Far West Energy, MetNorth
Energy, MetSouth Energy, MidState Energy and NorthPower Energy. These
corporations are to be the successors of those electricity distributors. The
clause amends the State Owned Corporations Act 1989 so as to make these
corporations statutory State owned corporations within the meaning of that
Act.
Clause 8 sets out the principal objectives of an energy distributor, which
are:
(a)
to be a successful business, and
(b) to protect the environment, and
(c)
to be responsive to regional development and decentralisation, and
(d) to operate efficient, safe and reliable facilities for the distribution of
electricity and other forms of energy, and
(e) to be an efficient and responsible supplier of electricity and other
forms of energy and of services relating to the use and conservation of
energy, and
(f)
to be a successful participant in the wholesale and retail markets for
electricity and other forms of energy and for services relating to the
use and conservation of energy.
Clause 9 sets out the functions of an energy distributor, the principal of
which are:
(a)
to establish, maintain and operate facilities for the distribution of
electricity and other forms of energy, and
(b)
to supply electricity and other forms of energy, and services relating to
the use and conservation of energy, to other persons and bodies.
Part 4
Miscellaneous
Clause 10 and Schedule 2 modify the application of the State Owned
Corporations Act 1989 in its application to energy services corporations.
Clause 11 ensures that energy services corporations cannot be privatised
and, so as to prevent conflicts of Ministerial interests, prohibits certain
Ministers from becoming shareholders in energy services corporations.
Explanatory note page 3
Clause 12 enables the name of an energy services corporation to be varied
by regulation.
Clause 13 enables additional energy services corporations to be created by
regulation.
Clause 14 enables existing energy services corporations to be dissolved by
regulation.
Clause 15 and Schedule 3 provide for the transfer by regulation (to another
energy services corporation or to the Crown) of the staff, assets, rights and
liabilities of a dissolved energy services corporation.
Clause 16 provides for the service of documents on an energy services
corporation.
Clause 17 enables the Governor to make regulations for the purposes of the
proposed Act.
Clause 18 repeals certain regulations under the Electricity Act 1945 as a
consequence of the corporatisation by the proposed Act of the electricity
distributors under that Act.
Clause 19 and Schedule 4 amend various Acts and instruments as a
consequence of the enactment of the proposed Act.
Clause 20 and Schedule 5 enact provisions of a savings or transitional
nature as a consequence of the enactment of the proposed Act.
Clause 21 provides for the review of the proposed Act at the end of 5 years
after its date of assent.
Schedules
Schedule 1 sets out the names of the electricity generators (Part 1) and
energy distributors (Part 2) that are being constituted by the proposed Act.
Schedule 2 sets out the modifications to the State Owned Corporations Act
1989 that are to apply to energy services corporations.
Schedule 3 sets out the provisions that are to apply to the transfer of staff,
assets, rights and liabilities under the proposed Act.
Schedule 4 amends the following Acts:
Attachment of Wages Limitation Act 1957 No 28
Capital Debt Charges Act 1957 No 1
Explanatory note page 4
Clean Air Act 1961 No 69
Clean Waters Act 1970 No 78
Conveyancing Act 1919 No 6
Electricity Act 1945 (1946 No 13)
Electricity (Pacific Power) Act 1950 No 22
Electricity Transmission Authority Act 1994 No 64
Environmental Planning and Assessment Act 1979 No 203
Environmental Planning and Assessment Regulation 1994
First State Superannuation Act 1992 No 100
Freedom of Information Act 1989 No 5
Government and Related Employees Appeal Tribunal Act 1980 No 39
Government Pricing Tribunal Act 1992 No 39
Government Telecommunications Act 1991 No 77
Lake Illawarra Authority Act 1987 No 285
Land Development Contribution Management Act 1970 No 22
Local Government Associations Incorporation Act 1974 No 20
New South Wales Retirement Benefits Act 1972 No 70
Public Authorities (Financial Arrangements) Act 1987 No 33
Public Authorities Superannuation Act 1985 No 41
Public Finance and Audit Act 1983 No 152
Public Sector Executives Superannuation Act I989 No 106
Public Sector Management Act 1988 No 33
Stamp Duties Act 1920 No 47
State
Non-contributory Superannuation Act 1987 No 212
State Authorities Superannuation Act 1987 No 211
State Public Service Superannuation Act 1985 No 45
Superannuation Act 1916 No 28
Traffic Act 1909 No 5
Unclaimed Money Act 1982 No 174
Uranium Mining and Nuclear Facilities (Prohibitions) Act 1986 No 194.
Schedule 5 sets out provisions of a savings or transitional nature
consequent on the enactment of the proposed Act.
Explanatory note page 5