ENERGY AND UTILITIES ADMINISTRATION ACT 1987 - SCHEDULE 2

ENERGY AND UTILITIES ADMINISTRATION ACT 1987 - SCHEDULE 2

SCHEDULE 2 – Savings, transitional and other provisions

(Section 54)

Part 1 - General

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--

Electricity (Consumer Safety) Act 2004 , but only in relation to the amendments made to this Act

Sustainable Energy Development Repeal Act 2004

Energy Administration Amendment (Water and Energy Savings) Act 2005

Energy and Utilities Administration Amendment (Climate Change Fund) Act 2007

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on enactment of Sustainable Energy Development Repeal Act 2004

2 Definitions

In this Part--


"repealing Act" means the Sustainable Energy Development Repeal Act 2004 .


"SEDA" means the Sustainable Energy Development Authority constituted by the Sustainable Energy Development Act 1995 , as in force before its repeal by the repealing Act.

3 Abolition of SEDA

(1) On the commencement of the repealing Act--

(a) SEDA is abolished, and

(b) any assets, rights and liabilities of SEDA become the assets, rights and liabilities of the Crown.

(2) In this clause--


"assets" means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents.


"liabilities" means all liabilities, debts and obligations (whether present or future and whether vested or contingent).


"rights" means all rights, powers, privileges and immunities (whether present or future and whether vested or contingent).

4 Executive Director of SEDA

(1) On the commencement of the repealing Act, the person who, immediately before that commencement, held office as the Executive Director of SEDA ceases to hold that office.

(2) A person who, under this clause, ceases to hold office is not entitled to any remuneration or compensation because of the loss of that office.

5 Staff of SEDA

(1) On the commencement of the repealing Act, the staff of SEDA are transferred to the Department.

(2) The transfer of such staff is taken to have been done under section 87 of the Public Sector Employment and Management Act 2002 .

6 Annual report of SEDA for year ending 30 June 2004

The annual report of SEDA for the year ending 30 June 2004 may be included in the annual report of the Department for that year.

7 References to SEDA

A reference in any other Act or in an instrument made under an Act or in any document to SEDA or to the Executive Director of SEDA is to be read as a reference to the Director-General.

Part 3 - Provisions consequent on enactment of Electricity (Consumer Safety) Act 2004

8 Definitions

In this Part--


"repeal date" means the date on which the repealed Act is repealed by the Electricity (Consumer Safety) Act 2004 .


"repealed Act" means the Electricity Safety Act 1945 as in force immediately before its repeal by the Electricity (Consumer Safety) Act 2004 .

9 Continuation of certain Regulations made under repealed Act

(1) The Electricity Safety (Equipment Efficiency) Regulation 1999 , as in force immediately before the repeal date, continues in force and is taken to be a regulation made under this Act.

(2) The Regulation continued in force by subclause (1) may be amended and repealed in the same way as any other regulation made under this Act.

Part 4 - Provisions consequent on enactment of Energy Administration Amendment (Water and Energy Savings) Act 2005

10 Existing delegations

The substitution of section 45 by the Energy Administration Amendment (Water and Energy Savings) Act 2005 does not affect the continued validity of any delegation in force under that section immediately before the substitution.

11 Department of Energy, Utilities and Sustainability

The Department of Energy, Utilities and Sustainability (which was previously called the Department of Energy) established under section 6 of this Act before the repeal of that section is taken to have been established under the Public Sector Employment and Management Act 2002 .

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).

Part 6 - Provision consequent on enactment of Central Coast Water Corporation Amendment Act 2010

14 Prescription of Central Coast Water Corporation as State water agency

(1) A regulation that prescribes the Central Coast Water Corporation to be a State water agency for the purposes of the definition of
"State water agency" in section 3 (1) may not be made unless a day or days have been appointed under section 2 of the Central Coast Water Corporation Act 2006 for the commencement of both Schedule 7.2 [2[#93] and [4[#93] to that Act.

(2) Both Gosford City Council and Wyong Shire Council cease to be liable to make future contributions to the Climate Change Fund on and from the day on which the Central Coast Water Corporation is prescribed by the regulations to be a State water agency for the purposes of the definition of
"State water agency" in section 3 (1).

Part 7 - Provision consequent on enactment of Energy and Utilities Administration Amendment Act 2022

15 Appointment of inspectors

(1) Despite Schedule 3, clause 13, the Minister may, during the relevant period, appoint a Public Service employee as an inspector for the purposes of the Schedule.

(2) To avoid doubt, if the Minister appoints an inspector under subclause (1) during the relevant period--

(a) the inspector is taken to have all the functions of an inspector appointed under Schedule 3, clause 13, and

(b) a reference in Schedule 3 to an inspector is taken to include an inspector appointed under this clause.

(3) In this clause--


"Public Service employee" has the same meaning as in the Government Sector Employment Act 2013 .


"relevant period" means the period--

(a) starting on the commencement of this clause, and

(b) ending on the later of the following--

(i) 30 June 2023,

(ii) a day, not later than 30 September 2023, prescribed by the regulations.