New South Wales Consolidated Acts

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ELECTRICITY SUPPLY ACT 1995 - As at 13 January 2023 - Act 94 of 1995

- As at 13 January 2023 - Act 94 of 1995

Table of Provisions

Long Title

PART 1 - PRELIMINARY

1 Name of Act

2 Commencement

3 Objects

4 Definitions and notes

5 Act binds Crown

PART 2 - (Repealed)

None

PART 3 - NETWORK OPERATIONS IN THE RETAIL MARKET

Division 1 - Network operations

12A Meaning of "distribution system"

13 Operation of distribution systems for retail supply

14 Licences

16 Distributors to convey electricity for certain persons only

Division 4 - Requirements relating to customer connection services

24 Application

26 Service lines

27 Service equipment

28 Transformers

30 Requirements as to installation and use of apparatus

31 Customer may choose supplier and contractor

31A Accredited service providers

Division 5 - Levy

32A Definitions

32AA Exemption for transacted distribution system

32B Distributor's levy

32C Variation of levy

32D Becoming a licensee during a year

32E Ceasing to be a licensee during a year

32F Payment and recovery of levy

32G Operation of Division

PART 4 - RETAIL PRICING FOR ELECTRICITY

Divisions 1-3A - (Repealed)

None

Division 4 - Pricing of electricity

43A Definitions

43B Pricing of electricity for customers other than exempt customers

43D Returns

43E Operation of Division

PART 4A - (Repealed)

None

PART 5 - POWERS AND DUTIES OF NETWORK OPERATORS AND RETAILERS

Division 1 - Acquisition of land

44 Acquisition of land

Division 2 - Powers and duties relating to electricity works

45 Erection and placement of electricity works

46 Damage to be made good

47 Altering position of conduit

48 Interference with electricity works by trees

49 Obstruction of electricity works

49A Excavation work affecting electricity works

50 Charges for placement of electricity works

51 Ownership of electricity works

52 Interruption to electricity supply for maintenance

53 Protection of certain electricity works

Division 2A - Special powers for bush fire prevention

53A Definitions

53B Application of Division

53C Power to give directions for bush fire risk mitigation work on private land

53D Responsibility for cost of bush fire risk mitigation work under direction

53E Contents of direction

53F Compliance with direction

53G Compensation

53H Effect of other laws

53I Hardship policy for cost recovery

Division 3 - Powers of entry

54 Powers of entry

55 Notice of entry

56 Use of force

57 Notification of use of force or urgent entry

58 Care to be taken

59 Recovery of cost of entry and inspection

60 Compensation

61 Certificates of authority to enter land

62 Entry to residential premises

63 Warrants of entry

63A Other powers of entry unaffected

PART 5A - MARKET OPERATIONS

63B Definition

63C Market operations rules

63D Obligations under rules

PART 5B - (Repealed)

None

PART 5C - REMOVAL OF ELECTRICITY STRUCTURES

63K Secretary may direct distributor to remove structure

PART 5D - ELECTRICITY SAFETY

Division 1 - General

63L Interpretation

Division 2 - Inspectors

63M Inspectors

63N Obstruction of inspectors

Division 3 - Electrical equipment

63O. (Repealed)

63P Examination and testing of electricity delivery equipment

63Q Orders prohibiting the unsafe operation of electricity delivery equipment

Division 4 - Accident reporting and investigation

63R Notification of serious electricity works accidents

63S Investigation of serious electricity works accidents

63T Powers of inspectors

63U Interference with site of serious electricity works accident

63V Publication of details of serious electricity works accidents

Division 5 - Enforcement

63W Search warrants

PART 5E - PROTECTION OF UNDERGROUND ELECTRICITY POWER LINES

63X Definitions

63Y Provision of information on underground electricity power lines by network operators

63Z Requirements in relation to carrying out of certain excavation work

63ZA Notification of damage to underground electricity power lines

63ZB Orders for costs, expenses and compensation at time offence proved

63ZC Civil liability of designated information provider

PART 6 - OFFENCES

Division 1 - General offences

64 Theft of electricity

65 Interference with electricity works

65A Entering, climbing or being on electricity works

66 Interference with electricity meters

67 Interference with distributor's seals

68 Unauthorised connections

69 Unauthorised increase in capacity of connections

70 Unauthorised alterations and additions to electrical installations

71 Obstruction of authorised officers

Division 2 - (Repealed)

None

Division 3 - Supplementary orders

73 Local Court may order disconnection and discontinuance of electricity supply

75 Court may order payment

76 Orders for payment operate as judgments

PART 6A - STEP-IN RIGHTS--NETWORK ADMINISTRATION ORDERS

76A Definition

76B Grounds for issue of Network Administration Order

76C What a Network Administration Order authorises

76D Powers of step-in operator

76E Obligations of network operator

76F Costs of administration

76G Liability under Network Administration Order

76H Procedure for Network Administration Order

PART 7 - ADMINISTRATION

Division 1 - Regulatory functions of Tribunal

77 Regulatory functions of Tribunal

Division 2 - Distribution districts

83 Distribution districts of distributors

84 Variation of distribution districts

85 Transfer of staff, assets, rights and liabilities

Division 3 - Licence auditing

86. (Repealed)

87 Licence auditing functions of Tribunal

87A Cost of audit

87B Provision and maintenance of information, documents and evidence

87C Offences

88 Annual reports

Division 4 - Customer consultative groups

89 Appointment of customer consultative groups

90 Constitution of customer consultative groups

91 Functions of customer consultative groups

Division 5 - General

92 Enforceable undertakings

93 Transmission systems

93A Operation of transacted transmission system

94 Authorised officers

PART 7A - MANAGEMENT OF ELECTRICITY SUPPLY EMERGENCIES

94A Declaration of electricity supply emergency

94B Electricity supply emergency directions

94BA Electricity supply emergency--cyber security directions

94C Requirement to comply with electricity supply emergency directions

94D Requirement to provide information in connection with electricity supply emergency

94E Disclosure of information provided to Minister

94F Provisions relating to requirement to provide information

94G Appointment of authorised officers

94H Powers of authorised officers

94I Exclusion of personal liability

PART 8 - APPEALS AND RESOLUTION OF DISPUTES

95 Appeals against decisions concerning licences

95A Administrative review of certain decisions concerning licences

96A Review of certain decisions under energy ombudsman scheme

96B Energy ombudsman scheme

96C Licence conditions relating to approved energy ombudsman scheme

96D Obligations of retailers under energy ombudsman scheme

97 Resolution of disputes between public authorities

PART 8A - REDUCTION OF GREENHOUSE GAS EMISSIONS

Division 1 - Preliminary

97A Objects of Part

97AB Definitions

Division 2 - Greenhouse gas benchmarks

97B State greenhouse gas benchmark

97BA Greenhouse gas benchmarks to apply to benchmark participants

97BB Benchmark participants

97BC Principles for determining greenhouse gas benchmarks for benchmark participants

97BD Principles for determining compliance with greenhouse gas benchmarks

97BE Greenhouse shortfalls may be carried forward

97BF Factors to be determined and published before commencement of each compliance period

97BG Evidentiary provisions relating to benchmarks

Division 3 - Enforcement of greenhouse gas benchmarks

97C. (Repealed)

97CA Greenhouse penalties

97CB Annual greenhouse gas benchmark statements

97CC Restrictions on surrender of abatement certificates for benchmark purposes

97CD Assessment of compliance with greenhouse gas benchmarks

97CE Validity of assessment

97CF Waiver or suspension of obligations in emergencies

Division 4 - Accreditation of abatement certificate providers

97D Accredited persons may create abatement certificates

97DA Eligibility for accreditation

97DB Application for accreditation

97DC Duration of accreditation

97DD Conditions of accreditation

97DDA Variation or revocation of conditions of accreditation

97DE Accreditation not transferable

Division 5 - Creation of abatement certificates

97E Accredited abatement certificate provider may create certificates

97EA Value of certificate

97EB Entitlement to create abatement certificates

97EC When certificates may be created

97ED Creation of certificate must be registered

97EE Duration of certificate

97EF Scheme Administrator may require surrender of certificates

97EG Records to be kept by accredited abatement certificate providers

Division 6 - Transfers and other dealings in abatement certificates

97F Types of abatement certificate

97FA Transferability of certificates

97FB Application for registration of transfer

97FC Other dealings in certificates

97FD Holder of certificate may deal with certificate

97FE Scheme Administrator not concerned as to legal effect of transaction

Division 7 - Registers

97G Establishment and keeping of registers

97GA Register of accredited abatement certificate providers

97GB Register of abatement certificates

97GBA Information from registers

97GC Evidentiary provisions

97GD Correction of register

Division 8 - Functions of Tribunal and Scheme Administrator

97H Functions of Tribunal

97HA Scheme Administrator

97HB Conduct of audits

97HC Provision of information, documents and evidence

97HD Cabinet information and proceedings

97HE Confidential information

97HF Annual report by Tribunal

Division 9 - Reviews

97I Administrative review by Civil and Administrative Tribunal of decisions about certificates and related matters

Division 10 - Offences

Note

97J Improper creation of certificates

97JA Obstruction of Tribunal or Scheme Administrator

97JB False or misleading information

Division 11 - Greenhouse gas benchmark rules

97K Greenhouse gas benchmark rules

97KA Obligations under greenhouse gas benchmark rules

Division 12 - Termination of operation of Part

97KB Termination of scheme

PART 8B - ENERGY SECURITY SAFEGUARD

Division 1 - Preliminary

98A Definitions

Division 2 - Constitution and object of safeguard

98B Constitution of safeguard

98C Object of safeguard

Division 3 - Schemes to give effect to object of safeguard

98D Giving effect to object of safeguard through schemes

98E Regulations to amend Schedule 4A

98EA Regulations for schemes established by regulations amending Schedule 4A

Division 4 - Limitations on schemes

98F Schemes must have scheme objects consistent with object of safeguard

98G No further provision for schemes after 2021

PART 9 - (Renumbered)

None

PART 10 - MISCELLANEOUS

179A Compensation not payable

179 Exercise of functions where more than one network operator

180 Confidentiality of information provided to Tribunal

181 Electricity network pricing determinations

181A Cyber security requirements

182 Agreement with licensed distributors

183 Delegation of Minister's functions

183A Personal liability of authorised officers

184 Directors and managers liable for offences committed by corporations

185 Proceedings for offences

186 Recovery of fees and penalties

187 Penalty notices

188 Recovery of charges by network operators, wholesale suppliers and retailers

189 Application of Act outside local government areas

190 Provision of information to Minister

190A Reports to Parliament

191 Regulations

192 Recovery of distribution and transmission charges from green hydrogen producers

192A Regulations relating to community-scale batteries

193 Savings, transitional and other provisions

196 Power of entry by metering coordinator and metering provider

SCHEDULE 2

SCHEDULE 3

SCHEDULE 3A

SCHEDULE 4

SCHEDULE 4A

SCHEDULE 5

SCHEDULE 6

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